75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3740
House Bill 3482
Sponsored by Representative GALIZIO; Representatives BUCKLEY,
CANNON, CLEM, DEMBROW, GARRETT, GREENLICK, HOLVEY, HUNT,
JENSON, KOTEK, RILEY, SCHAUFLER, SHIELDS, G SMITH, STIEGLER,
TOMEI, VANORMAN, Senators BONAMICI, HASS, NELSON, ROSENBAUM
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes Election Day as legal holiday in Oregon.
A BILL FOR AN ACT
Relating to election day; amending ORS 187.010, 545.135, 708A.650
and 722.162.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 187.010 is amended to read:
187.010. (1) The following days are legal holidays in this
state:
(a) Each Sunday.
(b) New Year's Day on January 1.
(c) Martin Luther King, Jr.'s Birthday on the third Monday in
January.
(d) Presidents Day, for the purpose of commemorating Presidents
Washington and Lincoln, on the third Monday in February.
(e) Memorial Day on the last Monday in May.
(f) Independence Day on July 4.
(g) Labor Day on the first Monday in September.
{ + (h) Election Day on the first Tuesday after the first
Monday in November of each even-numbered year. + }
{ - (h) - } { + (i) + } Veterans Day on November 11.
{ - (i) - } { + (j) + } Thanksgiving Day on the fourth
Thursday in November.
{ - (j) - } { + (k) + } Christmas Day on December 25.
(2) Each time a holiday, other than Sunday, listed in
subsection (1) of this section falls on Sunday, the succeeding
Monday shall be a legal holiday. Each time a holiday listed in
subsection (1) of this section falls on Saturday, the preceding
Friday shall be a legal holiday.
(3) Any act authorized, required or permitted to be performed
on a holiday as designated in this section may be performed on
the next succeeding business day; and no liability or loss of
rights of any kind shall result from such delay.
(4) In enumerating legal holidays in subsection (1) of this
section, the Legislative Assembly does not intend to limit or
otherwise affect public or private collective bargaining or
collective bargaining agreements.
SECTION 2. ORS 545.135 is amended to read:
545.135. (1) Except for the second Tuesday in November next
following the organization of the district, an election shall be
held in each district on the second Tuesday in November of each
year, at which one or more directors shall be elected. The person
receiving the highest number of votes for any office to be filled
shall be elected, and shall hold office for three years from the
annual organizational meeting in January next following the
election and until a successor is elected and qualified. The
qualifications for a director shall be those set forth in ORS
545.043.
(2) In districts organized prior to May 21, 1917, a director
shall be elected from each of the three divisions into which the
board of directors may have divided the district, or, if the
board of directors has so ordered, the directors shall be elected
from the district at large.
(3) A newly elected director shall take the official oath at
the annual organizational meeting in January next following the
election or as soon thereafter as possible. The director shall
file the oath in the office of the board of directors.
(4) Notwithstanding subsection (1) of this section, if the
second Tuesday in November falls on a holiday as defined in ORS
187.010 and 187.020, { + except for Election Day, + } the
election shall be held on the day following the second Tuesday in
November.
SECTION 3. ORS 708A.650 is amended to read:
708A.650. (1) As used in this section:
(a) 'Bank' includes any banking institution, out-of-state state
bank, national bank or extranational institution doing a banking
business in this state.
(b) 'Banking day' means any day that is not an optional bank
holiday.
(c) 'Emergency' means any condition or occurrence which may
interfere with the conduct of normal business operations at one
or more of the offices of a bank, or which poses an imminent or
existing threat to the safety or security of persons or property.
(d) 'Open for the general conduct of banking business ' means
the office or offices of a bank are open to the public for
carrying on substantially all business functions of the bank.
(e) 'Optional bank holiday' means:
(A) Each Saturday and Sunday.
(B) New Year's Day on January 1.
(C) Martin Luther King, Jr.'s birthday on the third Monday in
January.
(D) Presidents Day on the third Monday in February.
(E) Memorial Day on the last Monday in May.
(F) Independence Day on July 4.
(G) Labor Day on the first Monday in September.
(H) Columbus Day on the second Monday in October.
{ + (I) Election Day on the first Tuesday after the first
Monday in November of each even-numbered year. + }
{ - (I) - } { + (J) + } Veterans Day on November 11.
{ - (J) - } { + (K) + } Thanksgiving Day on the fourth
Thursday in November.
{ - (K) - } { + (L) + } Christmas Day on December 25.
(2) When an optional bank holiday, other than a Saturday, falls
on a Saturday, the bank may observe the holiday either on that
day or on the preceding Friday. When an optional bank holiday,
other than a Sunday, falls on a Sunday, the bank may observe the
holiday either on that day or on the succeeding Monday.
(3) Except as otherwise provided in this section, banks shall
be open for the general conduct of banking business on each
banking day.
(4) Any bank may remain closed on any optional bank holiday
with respect to all or any of its banking and other functions.
(5) Subject to any applicable federal law or regulation, an
office of a bank may be closed for any part or all of a banking
day if the times or days which the office is open are posted on
the premises of the office.
(6) When the Director of the Department of Consumer and
Business Services determines that an emergency exists, the
director may authorize the closing of the principal office or
branch of any bank which may be affected by the emergency. The
office or branch so closed may remain closed until the director
determines that the emergency has ended and for such further time
thereafter as may reasonably be required to prepare the office or
branch to reopen.
(7) When the officers of a bank determine that an emergency
exists which affects the principal office or a branch of the
bank, they may close the office or branch without the approval of
the director for a period not to exceed 48 hours, excluding
holidays, during the continuation of the emergency. A bank
closing an office or branch under this subsection shall give
prompt notice of its action to the director, or in the case of a
national bank, to the Comptroller of the Currency.
(8) The principal officers of a bank may close the principal
office or any branch of the bank on any day designated, by
proclamation of the President of the United States or the
Governor of this state, as a day of mourning, rejoicing, or other
special observance.
(9) When any obligation payable at, by or through a bank falls
due on a day on which the bank remains closed under this section,
it shall be due and payable on the next banking day on which the
bank is open. Any act authorized, required or permitted to be
performed at, by or with respect to any bank on a day on which
the bank remains closed may be performed on the next banking day
on which the bank is open, and no liability or loss of rights of
any kind shall result from the closing.
SECTION 4. ORS 722.162 is amended to read:
722.162. (1) This section applies to domestic associations and
to foreign or federal associations doing business in this state.
(2) As used in this section:
(a) 'Emergency' means any condition or occurrence which may
interfere with the conduct of normal business operations at the
principal office or one or more of the branches of an
association, or which poses an imminent or existing threat to the
safety or security of persons or property.
(b) 'Open for the general conduct of association business '
means the office or offices of the association are open for
carrying on substantially all business functions of the
association.
(3) The following days are optional holidays for purposes of
this section:
(a) Each Saturday and Sunday.
(b) New Year's Day on January 1.
(c) Martin Luther King, Jr.'s birthday on the third Monday in
January.
(d) Presidents Day, on the third Monday in February.
(e) Memorial Day on the last Monday in May.
(f) Independence Day on July 4.
(g) Labor Day on the first Monday in September.
(h) Columbus Day on the second Monday in October.
{ + (i) Election Day on the first Tuesday after the first
Monday in November of each even-numbered year. + }
{ - (i) - } { + (j) + } Veterans Day on November 11.
{ - (j) - } { + (k) + } Thanksgiving Day on the fourth
Thursday in November.
{ - (k) - } { + (L) + } Christmas Day on December 25.
(4) When an optional holiday, other than a Saturday, falls on
Saturday, the association may observe the holiday either on that
day or on the preceding Friday. When an optional holiday, other
than a Sunday, falls on a Sunday, the association may observe the
holiday either on that day or on the succeeding Monday.
(5) Except as otherwise provided in this section, associations
shall be open for the general conduct of association business on
each day that is not an optional holiday.
(6) Any savings association may remain closed on any holiday
with respect to all or any of its functions.
(7) Subject to any applicable federal law or regulation, an
office of a savings association may be closed for any part or all
of any day other than a holiday if the times or days which the
office is open are posted on the premises of the office.
(8) When the Director of the Department of Consumer and
Business Services determines that an emergency exists, the
director may authorize the closing of the principal office or any
branch of an association that may be affected by the emergency.
The office or branch so closed may remain closed until the
director determines that the emergency has ended and for such
further time thereafter as may reasonably be required to prepare
the office or branch to reopen.
(9) When the officers of an association determine that an
emergency exists which affects the principal office or a branch
of the association, they may close the office or branch without
the approval of the director for a period not to exceed 48 hours,
excluding holidays, during the continuation of the emergency. An
association closing an office or branch under this subsection
shall give prompt notice of its action to the director or, in the
case of a foreign or federal association, to its supervisory
authority.
(10) The principal officers of a savings association may close
any office of the association on any day designated, by
proclamation of the President of the United States or the
Governor of this state, as a day of mourning, rejoicing or other
special observance.
(11) When any obligation payable at, by or through an
association, principal office or branch falls due on a day on
which it remains closed under this section, it shall be due and
payable on the next day on which the association, office or
branch is reopened. Any act authorized, required or permitted to
be performed at, by or with respect to any savings association,
office or branch on a day on which it remains so closed may be
performed on the next succeeding day on which the association,
office or branch is reopened; and no liability or loss of rights
of any kind shall result from such closing.
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