Maryland 2023 Regular Session

Maryland House Bill HB446 Latest Draft

Bill / Introduced Version Filed 01/31/2023

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0446*  
  
HOUSE BILL 446 
P1   	3lr0806 
HB 157/21 – HGO     
By: Delegate Amprey 
Introduced and read first time: January 30, 2023 
Assigned to: Health and Government Operations 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Indigenous Peoples’ Day – Rule of Interpretation and Replacement of Columbus 2 
Day 3 
 
FOR the purpose of replacing references to Columbus Day in certain provisions of law with 4 
references to Indigenous Peoples’ Day; establishing a rule of interpretation to specify 5 
the day on which Indigenous Peoples’ Day is to be observed; and generally relating 6 
to Indigenous Peoples’ Day. 7 
 
BY repealing and reenacting, without amendments, 8 
 Article – Commercial Law 9 
Section 14–301(a) 10 
 Annotated Code of Maryland 11 
 (2013 Replacement Volume and 2022 Supplement) 12 
 
BY repealing and reenacting, with amendments, 13 
 Article – Commercial Law 14 
Section 14–301(b) 15 
 Annotated Code of Maryland 16 
 (2013 Replacement Volume and 2022 Supplement) 17 
 
BY repealing and reenacting, with amendments, 18 
 Article – Education 19 
Section 7–103(c)(3) 20 
 Annotated Code of Maryland 21 
 (2022 Replacement Volume) 22 
 
BY repealing and reenacting, with amendments, 23 
 Article – Financial Institutions 24 
Section 5–705 25 
 Annotated Code of Maryland 26 
 (2020 Replacement Volume and 2022 Supplement) 27  2 	HOUSE BILL 446  
 
 
 
BY repealing and reenacting, with amendments, 1 
 Article – General Provisions 2 
Section 1–111 3 
 Annotated Code of Maryland 4 
 (2019 Replacement Volume and 2022 Supplement) 5 
 
BY adding to 6 
 Article – General Provisions 7 
Section 1–111.1 8 
 Annotated Code of Maryland 9 
 (2019 Replacement Volume and 2022 Supplement) 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – State Personnel and Pensions 12 
Section 9–201 13 
 Annotated Code of Maryland 14 
 (2015 Replacement Volume and 2022 Supplement) 15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Commercial Law 18 
 
14–301. 19 
 
 (a) In this subtitle the following words have the meanings indicated. 20 
 
 (b) “Business day” means any calendar day except Sunday or the following 21 
business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence 22 
Day, Labor Day, [Columbus Day] INDIGENOUS PEOPLES’ DAY, Veterans’ Day, 23 
Thanksgiving Day, and Christmas Day. 24 
 
Article – Education 25 
 
7–103. 26 
 
 (c) (3) The public schools shall devote a part of at least one day to appropriate 27 
exercises for each of the following: 28 
 
 (i) Washington’s Birthday; 29 
 
 (ii) Lincoln’s Birthday; 30 
 
 (iii) Veterans’ Day; 31 
 
 (iv) [Columbus Day] INDIGENOUS PEOPLES’ DAY; 32   	HOUSE BILL 446 	3 
 
 
 
 (v) Arbor Day; 1 
 
 (vi) Black History Month, with an emphasis on Harriet Tubman and 2 
Frederick Douglass and the contributions they made in the fight against slavery; and 3 
 
 (vii) Any other day of national significance. 4 
 
Article – Financial Institutions 5 
 
5–705. 6 
 
 (a) (1) Subject to paragraph (2) of this subsection, each banking institution 7 
shall be closed on the following legal holidays: 8 
 
 (i) New Year’s Day; 9 
 
 (ii) Dr. Martin Luther King, Jr.’s Birthday; 10 
 
 (iii) Washington’s Birthday; 11 
 
 (iv) Good Friday; 12 
 
 (v) Memorial Day; 13 
 
 (vi) Independence Day; 14 
 
 (vii) Labor Day; 15 
 
 (viii) [Columbus Day] INDIGENOUS PEOPLES’ DAY; 16 
 
 (ix) Veterans’ Day; 17 
 
 (x) Thanksgiving Day; and 18 
 
 (xi) Christmas Day. 19 
 
 (2) (i) When a legal holiday differs from the corresponding federal 20 
holiday, a banking institution: 21 
 
 1. May be closed on both holidays; and 22 
 
 2. Shall be closed on one of the holidays. 23 
 
 (ii) When there is no corresponding federal holiday for a legal 24 
holiday listed in paragraph (1) of this subsection, a banking institution: 25 
  4 	HOUSE BILL 446  
 
 
 1. May be closed on the legal holiday; or 1 
 
 2. May remain open on the legal holiday. 2 
 
 (b) (1) Each legal holiday that is not listed in subsection (a) of this section is 3 
an optional bank holiday. 4 
 
 (2) When, as to any optional bank holiday, the legal holiday differs from 5 
the corresponding federal holiday, a banking institution may be closed on: 6 
 
 (i) Both holidays; 7 
 
 (ii) The legal holiday; or 8 
 
 (iii) The federal holiday. 9 
 
Article – General Provisions 10 
 
1–111. 11 
 
 (a) In this Code and any regulation or directive adopted under it, “legal holiday” 12 
means: 13 
 
 (1) January 1, for New Year’s Day; 14 
 
 (2) (i) January 15, for Dr. Martin Luther King, Jr.’s birthday; or 15 
 
 (ii) if the United States Congress designates another day for 16 
observance of Dr. Martin Luther King, Jr.’s birthday, the day designated by the United 17 
States Congress; 18 
 
 (3) February 12, for Lincoln’s birthday; 19 
 
 (4) the third Monday in February, for Washington’s birthday; 20 
 
 (5) March 25, for Maryland Day; 21 
 
 (6) Good Friday; 22 
 
 (7) (i) May 30, for Memorial Day; or 23 
 
 (ii) if the United States Congress designates another day for 24 
observance of Memorial Day, the day designated by the United States Congress; 25 
 
 (8) June 19, for Juneteenth National Independence Day; 26 
 
 (9) July 4, for Independence Day; 27   	HOUSE BILL 446 	5 
 
 
 
 (10) the first Monday in September, for Labor Day; 1 
 
 (11) September 12, for Defenders’ Day; 2 
 
 (12) [(i) October 12, for Columbus Day; or 3 
 
 (ii) if the United States Congress designates another day for 4 
observance of Columbus Day, the day designated by the United States Congress ] 5 
INDIGENOUS PEOPLES’ DAY; 6 
 
 (13) November 11, for Veterans’ Day; 7 
 
 (14) the fourth Thursday in November, for Thanksgiving Day; 8 
 
 (15) the Friday after Thanksgiving Day, for American Indian Heritage Day; 9 
 
 (16) December 25, for Christmas Day; 10 
 
 (17) each statewide general election day in the State; and 11 
 
 (18) each other day that the President of the United States or the Governor 12 
designates for general cessation of business. 13 
 
 (b) Except as otherwise expressly provided in the Code, a legal holiday shall be 14 
observed on: 15 
 
 (1) the date specified in subsection (a) of this section; or 16 
 
 (2) if that date falls on a Sunday, on the next Monday after that date. 17 
 
1–111.1. 18 
 
 EXCEPT AS OTHERWISE P ROVIDED IN THE CODE, INDIGENOUS PEOPLES’ DAY 19 
SHALL BE OBSERVED ON : 20 
 
 (1) OCTOBER 12; OR  21 
 
 (2) IF THE UNITED STATES CONGRESS DESIGNATES A NOTHER DAY 22 
FOR THE OBSERVANCE O F COLUMBUS DAY, THE DAY DESIGNATED BY THE UNITED 23 
STATES CONGRESS.  24 
 
Article – State Personnel and Pensions 25 
 
9–201. 26 
  6 	HOUSE BILL 446  
 
 
 In this title, “employee holiday” includes: 1 
 
 (1) January 1, for New Year’s Day; 2 
 
 (2) January 15, for Dr. Martin Luther King, Jr.’s birthday, unless the 3 
United States Congress designates another day for observance of that legal holiday, in 4 
which case, the day designated by the United States Congress; 5 
 
 (3) the third Monday in February, for Presidents’ Day; 6 
 
 (4) May 30, for Memorial Day, unless the United States Congr ess 7 
designates another day for observance of that legal holiday, in which case, the day 8 
designated by the United States Congress; 9 
 
 (5) June 19, for Juneteenth National Independence Day; 10 
 
 (6) July 4, for Independence Day; 11 
 
 (7) the first Monday in September, for Labor Day; 12 
 
 (8) [October 12, for Columbus Day, unless the United States Congress 13 
designates another day for observance of that legal holiday, in which case, the day 14 
designated by the United States Congress] INDIGENOUS PEOPLES’ DAY; 15 
 
 (9) November 11, for Veterans’ Day; 16 
 
 (10) the fourth Thursday in November, for Thanksgiving Day; 17 
 
 (11) the Friday after Thanksgiving Day, for American Indian Heritage Day; 18 
 
 (12) December 25, for Christmas Day; 19 
 
 (13) each statewide general election day in this State; and 20 
 
 (14) each other day that the President of the United States or the Governor 21 
designates for general cessation of business. 22 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 
October 1, 2023. 24