SENATE BILL NO. 74

February 02, 2021, Introduced by Senators SANTANA, MOSS, GEISS, MCCANN, BAYER, WOJNO, POLEHANKI, BULLOCK, CHANG, ALEXANDER, BRINKS and HOLLIER and referred to the Committee on Government Operations.

A bill to amend 1865 PA 124, entitled

"An act to designate the holidays to be observed in acceptance and payment of bills of exchange, bank checks and promissory notes, the business of banking, savings and loan, building and loan, municipal offices, the holding of courts and relative to the continuance of suits,"

by amending section 1 (MCL 435.101), as amended by 1984 PA 4.

the people of the state of michigan enact:

Sec. 1. The following days namely:must be considered and treated as the first day of the week, commonly called Sunday, and as public holidays or half holidays:

(a) January 1, New Year's day; the Day.

(b) The third Monday in January in conjunction with the federal holiday, Martin Luther King, Jr. day; Day.

(c) February 12, Lincoln's birthday; the Birthday.

(d) The third Monday of February, Washington's birthday; the Birthday.

(e) The last Monday of May, Memorial or Decoration day; Day.

(f) July 4. ; the

(g) The first Monday in of September, Labor day; the Day.

(h) The second Monday in of October, Columbus day; Day.

(i) November 11, Veterans' day; Day.

(j) December 25, Christmas day; every Day.

(k) Every Saturday from 12 noon until 12 midnight, which is designated a half holiday. ; and the

(l) The fourth Thursday of November, Thanksgiving day, Day.

(m) June 19, Juneteenth.

(2) Subsection (1) applies for all purposes regarding the presenting for payment or acceptance, and the protesting and giving notice of the dishonor of bills of exchange, bank checks, and promissory notes, also and for the holding of courts, except as otherwise provided in this act. , shall be treated and considered as the first day of the week, commonly called Sunday, and as public holidays or half holidays. Bills, checks, and notes otherwise presentable for acceptance of payment on these the days shall be considered as described in subsection (1) must be payable and presentable for acceptance or payment on the next secular or business day following the holiday or half holiday.

(3) A law in this state shall does not affect the validity of, or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument or any other transaction by a bank in this state, because the payment, certification, acceptance, or other transaction was done or performed on a Saturday between 12 noon and 12 midnight, if the payment, certification, acceptance, or other transaction would be valid if done or performed before 12 noon on that Saturday. This act does not compel a bank, savings and loan association, or building and loan association in this state, which by law or custom is entitled to close at 12 noon on a Saturday, to keep remain open for the transaction of business or to perform the acts or transactions described in this section, on a Saturday after that hour except at its own option. in construing Under this section, every Saturday, unless a whole holiday, shall must for the holding of court and the transaction of business authorized by the laws of this state be considered a secular or business day.

(4) If the return or adjourn day in an action, matter, or hearing before a court, officer, referee, or arbitrators, arbitrator falls on any of the days mentioned in this section except Sunday, then that action, matter, or proceeding, commenced or adjourned, shall must not, by reason of coming on any of those days except Sunday, abate, but shall must stand continued on the next succeeding day, at the same time and place unless the next day is the first day of the week, or a holiday, in which case it shall must stand continued to the day succeeding the first day of the week or holiday, at the same time and place. When If the first day of the general term of a circuit court, as fixed established by the order of a circuit judge, falls upon either of the days on a day mentioned in this section or when if a circuit court is adjourned to a day mentioned in this section, that court may be adjourned to the following secular day.

(5) This act shall not prevent does not prohibit or invalidate the entry, issuance, service, or execution of a writ, summons, or confession of judgment, or other legal process, the holding of courts or the transaction of lawful business except banking on any of the Saturday afternoons designated in this act as half holidays. , nor shall this act prevent This act does not prohibit a bank, savings and loan association, or building and loan association from keeping its doors open or transacting its business on Saturday afternoons, if by vote of its directors it elects to do so.

(6) The legislative body of a county or city may, by ordinance or resolution, provide for the closing of county or municipal offices for any or for all purposes on every Saturday.

(7) This act shall does not affect state employees working on a Sunday in accordance with their employment as construed by the civil service commission.