Bill Summary – FastDemocracy

LB53                                                                                LB53
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                              LEGISLATURE OF NEBRASKA
                         ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 53
       Introduced by McKinney, 11; Wayne, 13.
       Read first time January 05, 2023
       Committee: Government, Military and Veterans Affairs
   A BILL FOR AN ACT relating to holidays; to amend sections 25-2221 and
       62-301, Revised Statutes Cumulative Supplement, 2022; to establish
       El-Hajj Malik El-Shabazz,   Malcolm   X   Day;   to change provisions
       relating to holidays; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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LB53                                                                                     LB53
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         Section 1.       (1) May 19 of each year shall be El-Hajj Malik El-
   Shabazz, Malcolm X Day, and shall be set apart for holding suitable
  exercises in the schools of the state in recognition of the sacrifices of
  the late Nebraska Hall of Fame inductee El-Hajj Malik El-Shabazz, Malcolm
  X and his contributions to the betterment of society.
        (2) The Governor shall, prior to May 19 of each year, issue a
  proclamation inviting and urging the people of the State of Nebraska to
   observe El-Hajj Malik El-Shabazz, Malcolm X Day in schools and other
   suitable places with appropriate ceremony and fellowship.
        (3) The State Department of Education is directed to make, within
  the limits of funds available for such purpose, information available to
   the schools and all people of this state regarding El-Hajj Malik El-
   Shabazz, Malcolm X Day and the observance thereof.
         Sec. 2. Section 25-2221, Revised Statutes Cumulative Supplement,
   2022, is amended to read:
         25-2221 Except as may be otherwise more specifically provided, the
   period of time within which an act is to be done in any action or
   proceeding shall be computed by excluding the day of the act, event, or
   default after which the designated period of time begins to run. The last
   day of the period so computed shall be included unless it is a Saturday,
   a Sunday, or a day during which the offices of courts of record may be
   legally closed as provided in this section, in which event the period
   shall run until the end of the next day on which the office will be open.
         All courts and their offices may be closed on Saturdays, Sundays,
   days on which a specifically designated court is closed by order of the
   Chief Justice of the Supreme Court, and these holidays: New Year's Day,
  January 1; Birthday of Martin Luther King, Jr., the third Monday in
   January; President's Day, the third Monday in February; Arbor Day, the
   last Friday in April; Birthday of El-Hajj Malik El-Shabazz, Malcolm X,
  May   19;   Memorial Day,   the last Monday in   May;   Juneteenth National
   Independence Day, June 19; Independence Day, July 4; Labor Day, the first
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  Monday in September; Indigenous Peoples' Day and Columbus Day, the second
  Monday in       October;      Veterans Day,       November     11;   Thanksgiving Day,    the
  fourth Thursday in November; the day after Thanksgiving; Christmas Day,
  December 25; and all days declared by law or proclamation of the Governor
  to be holidays. Such days shall be designated as nonjudicial days. If any
  such holiday falls on Sunday, the following Monday shall be a holiday. If
   any such holiday falls on Saturday, the preceding Friday shall be a
  holiday. Court services shall be available on all other days. If the date
   designated by the state for observance of any legal holiday pursuant to
  this section,         except Veterans Day,     is different from the date of
   observance of such holiday pursuant to a federal holiday schedule, the
   federal holiday schedule shall be observed.
         Sec.       3.    Section   62-301,        Revised Statutes Cumulative Supplement,
  2022, is amended to read:
         62-301 (1) For the purposes of the Uniform Commercial Code and
  section 62-301.01, the following days shall be holidays: New Year's Day,
  January 1; Birthday of Martin Luther King, Jr., the third Monday in
  January; President's Day, the third Monday in February; Arbor Day, the
  last Friday in April; Birthday of El-Hajj Malik El-Shabazz, Malcolm X,
   May    19;    Memorial Day,    the last Monday in    May;    Juneteenth National
   Independence Day, June 19; Independence Day, July 4; Labor Day, the first
  Monday in September; Indigenous Peoples' Day and Columbus Day, the second
  Monday in    October;       Veterans Day,     November     11,     and the federally
   recognized holiday therefor, or either of them; Thanksgiving Day, the
  fourth Thursday in November; the day after Thanksgiving; and Christmas
  Day, December 25. If any such holiday falls on Sunday, the following
   Monday shall be a holiday. If the date designated by the state for
  observance of    any legal holiday enumerated in     this section,   except
  Veterans Day, is different from the date of observance of such holiday
  pursuant to a federal holiday schedule, the federal holiday schedule
  shall be observed.
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LB53                                                                                                 LB53
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         (2) Any bank doing business in this state may, by a brief written
  notice at, on, or near its front door, fully dispense with or restrict,
  to such extent as it may determine, the hours within which it will be
  open for business.
         (3) Any bank may close on Saturday if it states such fact by a brief
   written notice at, on, or near its front door. When such bank will, in
   observance of such a notice, not be open for general business, such day
  shall, with respect to the particular bank, be the equivalent of a
  holiday as fully as if such day were listed in subsection (1) of this
   section, and any act authorized, required, or permitted to be performed
  at, by, or with respect to such bank which will, in observance of such
   notice, not be open for general business, acting in its own behalf or in
  any capacity whatever, may be performed on the next succeeding business
  day and no liability or loss of rights on the part of any person shall
  result from such delay.
         (4) Any bank which, by the notice provided for by subsection (3) of
  this section,      has created the holiday for such bank may,    without
   destroying the legal effect of the holiday for it and solely for the
   convenience of its customers, remain open all or part of such day in a
   limited fashion by treating every transaction with its customers on such
  day as   though the transaction had taken place immediately upon the
  opening of such bank on the first following business day.
         (5) Whenever the word bank is used in this section it includes
   building and loan association,     savings and loan association,     credit
  union, savings bank, trust company, investment company, and any other
  type of financial institution.
         Sec. 4.        Original sections 25-2221 and 62-301, Revised Statutes
  Cumulative Supplement, 2022, are repealed.
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Statutes affected: 
Introduced: 25-2221, 62-301