093_HB2389

 
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 1        AN ACT concerning State holidays.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The State Commemorative Dates Act is  amended
 5    by adding Section 115 as follows:

 6        (5 ILCS 490/115 new)
 7        Sec. 115.  General Election Day.
 8        (a)  The  date  established  by  the Election Code as the
 9    date of the general election is a legal holiday to  be  known
10    as General Election Day. No officer or employee of the State,
11    a  unit  of local government including a home rule unit, or a
12    school district may be required to work on  General  Election
13    Day,  except  those  persons necessary for (i) the conduct of
14    the  general  election,  (ii)  law  enforcement,  (iii)  fire
15    protection, and (iv) public health and safety. The courts  of
16    this  State  shall  designate General Election Day as a court
17    holiday.
18        (b)  A home rule unit may not require  its  officers  and
19    employees  to  work  on  General  Election  Day other than as
20    provided in this Section.   This  Section  is  a  denial  and
21    limitation of home rule powers and functions under subsection
22    (h) of Section 6 of Article VII of the Illinois Constitution.

23        Section  10.   The  Election  Code is amended by changing
24    Sections 1-6 and 17-25 as follows:

25        (10 ILCS 5/1-6)
26        Sec. 1-6.  Computing dates  of  various  acts;  Saturday,
27    Sunday, and holidays.
28        (a)  If  the first or last day fixed by law to do any act
29    required or allowed by this Code falls on a State holiday  or
 
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 1    a  Saturday  or a Sunday, the period shall extend through the
 2    first business day next following the day otherwise fixed  as
 3    the  first  or last day, irrespective of whether any election
 4    authority or local election official conducts business on the
 5    State holiday, Saturday, or Sunday.
 6        (b)  For the purposes of this  Section,  "State  holiday"
 7    means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
 8    Lincoln's   Birthday,   President's  Day,  Casimir  Pulaski's
 9    Birthday, Good Friday, Memorial Day, Independence Day,  Labor
10    Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas
11    Day,  and  any  other  day  from time to time declared by the
12    President of the United States or the Governor of Illinois to
13    be a day during which the agencies of the State  of  Illinois
14    that are ordinarily open to do business with the public shall
15    be  closed  for  business.  In  this Section, however, "State
16    holiday" does not include General Election Day.
17        (c)  Notwithstanding any other provision  of  this  Code,
18    nominating  papers,  petitions  of  objection  to  nominating
19    papers,  certificates of withdrawal of candidacy, and reports
20    of  political  committees  actually  received   by   election
21    authorities  and local election officials on a State holiday,
22    a Saturday, or a  Sunday  shall  not  be  deemed  invalid  or
23    defective for that reason alone.
24    (Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)

25        (10 ILCS 5/17-25) (from Ch. 46, par. 17-25)
26        Sec. 17-25. General Election Day holiday.  As provided in
27    the  State  Commemorative Dates Act, General Election Day The
28    days upon which the general  elections  for  members  of  the
29    House  of  Representatives  of  this State shall hereafter be
30    held shall be a holiday holidays, and shall for all  purposes
31    whatever  as regards the presenting for payment or acceptance
32    and of protesting and giving notice of the dishonor of  bills
33    of  exchange, bank checks and promissory notes and as regards
 
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 1    days  of  grace  upon  commercial  paper,  be   treated   and
 2    considered  as  is the first day of the week, commonly called
 3    Sunday; provided, that no other election day shall be treated
 4    and considered as a holiday.
 5    (Source: Laws 1943, vol. 2, p. 253.)

 6        Section 15.  The Civil Administrative Code of Illinois is
 7    amended by changing Section 5-635 as follows:

 8        (20 ILCS 5/5-635) (was 20 ILCS 5/18)
 9        Sec. 5-635.  Department  office  hours.  Each  department
10    shall be open for the transaction of public business at least
11    from  8:30  in  the morning until 5:00 in the evening of each
12    day  except  Saturdays,  Sundays,  General  Election  Day  as
13    provided in the State Commemorative Dates Act, and days  that
14    may  hereafter be declared by the Governor to be holidays for
15    State employees.
16    (Source: P.A. 91-239, eff. 1-1-00.)

17        Section 20.  The Office of Banks and Real Estate  Act  is
18    amended by changing Section 3 as follows:

19        (20 ILCS 3205/3) (from Ch. 17, par. 453)
20        Sec.  3.   Business  hours.  The Office of Banks and Real
21    Estate shall be open for transaction of public business  from
22    8:30 a.m. to 5:00 p.m. or at such other hours as the Governor
23    may  prescribe  from time to time by executive order, on each
24    day  except  Saturdays,  Sundays,  General  Election  Day  as
25    provided in the  State  Commemorative  Dates  Act,  and  days
26    declared by the Governor to be holidays for State employees.
27    (Source: P.A. 89-508, eff. 7-3-96.)

28        Section  25.   The  Counties  Code is amended by changing
29    Section 3-2007 as follows:
 
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 1        (55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
 2        Sec. 3-2007. Office quarters and  hours;  violation.  The
 3    county  clerk shall keep his office at the court house of his
 4    county, or at such other place as may be provided for him  by
 5    the authorities of such county seat and shall keep his office
 6    open and attend to the duties thereof:
 7        (a)  In  counties of 500,000 or more population from 9 a.
 8    m. to 5 p. m. of each working day except Saturday  afternoons
 9    and  legal  holidays,  subject  to  Section  115 of the State
10    Commemorative Dates Act, but the clerk may open the office at
11    8 a. m. on each working day:
12        (b)  In counties of less than 500,000 population  from  8
13    a.  m.  to  5  p. m. of each working day except Saturdays and
14    legal  holidays,  subject  to  Section  115  of   the   State
15    Commemorative  Dates  Act,  but  in  such counties the office
16    shall remain open until noon  the  Saturday  before  general,
17    primary or special election days.
18        Provided,  that  the  days  on which such office shall be
19    open and the hours of opening and closing of  the  office  of
20    the  county  clerk  may  be  changed  and otherwise fixed and
21    determined by the county board of any county. Any such action
22    taken  by  the  county  board  shall  be  by  an  appropriate
23    resolution passed at a regular meeting.
24        Notwithstanding any other provision of this Section, when
25    any election is held and the results  of  such  election  are
26    required  by  law  to  be  returned  to the county clerk, the
27    office of the county clerk shall remain open for the  purpose
28    of  receiving  such  results  from the time of opening of the
29    polls  until  the  returns  from  each  precinct  have   been
30    received.
31        Any  county  clerk  who fails to keep his office open for
32    the purpose of receiving election returns as required by this
33    Section commits a business offense, and shall  be  fined  not
34    less than $500 nor more than $5,000.
 
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 1    (Source: P.A. 86-962.)

 2        Section  30.   The  School  Code  is  amended by changing
 3    Section 24-2 as follows:

 4        (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
 5        Sec. 24-2.  Holidays.  Teachers shall not be required  to
 6    teach  on  Saturdays;  nor  shall  teachers  or  other school
 7    employees, other than  noncertified  school  employees  whose
 8    presence  is  necessary  because  of  an emergency or for the
 9    continued operation and maintenance of school  facilities  or
10    property, be required to work on legal school holidays, which
11    are  January  1, New Year's Day; the third Monday in January,
12    the Birthday of Dr. Martin Luther King, Jr.; February 12, the
13    Birthday of President Abraham Lincoln; the  first  Monday  in
14    March  (to  be  known  as  Casimir  Pulaski's birthday); Good
15    Friday; the day designated as Memorial Day  by  federal  law;
16    July  4,  Independence  Day;  the  first Monday in September,
17    Labor Day; the second Monday in October,  Columbus  Day;  the
18    date  established  by  the  Election  Code as the date of the
19    general  election,  General  Election   Day;   November   11,
20    Veteran's  Day;  the  Thursday  in  November  commonly called
21    Thanksgiving Day; and  December  25,  Christmas  Day.  School
22    boards  may grant special holidays whenever in their judgment
23    such action is advisable, except  that  no  school  board  or
24    board  of  education  may  designate  or observe as a special
25    holiday on which teachers or other school employees  are  not
26    required  to  work  the  days  on which general elections for
27    members of the Illinois House of Representatives are held. No
28    deduction shall be made from the time or  compensation  of  a
29    school employee on account of any legal or special holiday.
30        Commemorative   holidays,   which   recognize   specified
31    patriotic, civic, cultural or historical persons, activities,
32    or  events,  are  regular school days. Commemorative holidays
 
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 1    are: January 28 (to be known as  Christa  McAuliffe  Day  and
 2    observed  as  a commemoration of space exploration), February
 3    15 (the 37th day of Susan B. Anthony), March 29 (Vietnam  War
 4    Veterans   Day),   September   11   (September  11th  Day  of
 5    Remembrance), the school day immediately preceding  Veteran's
 6    Day  (Korean  War  Veterans  Day), October 1 (Recycling Day),
 7    December 7  (Pearl  Harbor  Veterans  Day)  and  any  day  so
 8    appointed  by  the  President or Governor.  School boards may
 9    establish commemorative holidays whenever in  their  judgment
10    such   action  is  advisable.  School  boards  shall  include
11    instruction relative to commemorated persons, activities,  or
12    events  on  the  commemorative  holiday  or at any other time
13    during the school year and at any  point  in  the  curriculum
14    when  such  instruction  may be deemed appropriate. The State
15    Board of Education shall prepare and make available to school
16    boards  instructional  materials  relative  to   commemorated
17    persons,  activities,  or  events which may be used by school
18    boards in conjunction with any instruction provided  pursuant
19    to this paragraph.
20        City of Chicago School District 299 shall observe March 4
21    of  each year as a commemorative holiday.  This holiday shall
22    be known as Mayors' Day which shall be a day  to  commemorate
23    and  be  reminded of the past Chief Executive Officers of the
24    City of Chicago, and in particular the late Mayor Richard  J.
25    Daley and the late Mayor Harold Washington.  If March 4 falls
26    on a Saturday or Sunday, Mayors' Day shall be observed on the
27    following Monday.
28    (Source: P.A. 92-704, eff. 7-19-02.)

29        Section  35.  The State Universities Civil Service Act is
30    amended by changing Section 45a as follows:

31        (110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
32        Sec. 45a.  Except as provided in the second  sentence  of
 
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 1    this  Section,  all   officers  and employees subject to this
 2    Act, shall have the following days  as  holidays,  for  which
 3    they shall receive their usual compensation:  New Year's Day,
 4    January  1,  Memorial  Day,  as  determined by the law of the
 5    State of Illinois, Independence Day, July 4, Labor  Day,  the
 6    first  Monday  in September, General Election Day as provided
 7    in the State Commemorative Dates Act, Thanksgiving  Day,  the
 8    fourth  Thursday of November, Christmas Day, December 25, and
 9    five holidays to be designated by each  college,  university,
10    agency  and community college subject to this Act.  Craft and
11    trade employees subject to this Act shall  be  paid  for  all
12    paid  holidays  included in their area agreement, and will be
13    paid for all  five  holidays  designated  by  their  employer
14    pursuant to this section.
15    (Source: P.A. 79-1186.)

16        Section  40.  The Promissory Note and Bank Holiday Act is
17    amended by changing Section 17 as follows:

18        (205 ILCS 630/17) (from Ch. 17, par. 2201)
19        Sec. 17. Holidays.
20        (a)  The following days shall be legal  holidays  in  the
21    State  of  Illinois  upon  which  day  a bank may, but is not
22    required to, remain closed:
23        the first day of January (New Year's Day);
24        the third Monday in January (observance of Martin  Luther
25    King, Jr.'s birthday);
26        the twelfth day in February (Abraham Lincoln's birthday);
27        the third Monday in February (Presidents Day);
28        the   first   Monday  in  March  (observance  of  Casimir
29    Pulaski's birthday);
30        the Friday preceding Easter Sunday (Good Friday);
31        the last Monday of May (Memorial Day);
32        the fourth day of July (Independence Day);
 
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 1        the first Monday in September (Labor Day);
 2        the second Monday in October (Columbus Day);
 3        the date established by the Election Code as the date  of
 4    the general election (General Election Day);
 5        the eleventh day of November (Veterans' Day);
 6        the fourth Thursday in November (Thanksgiving Day);
 7        the twenty-fifth day in December (Christmas Day);
 8        the  days upon which the general elections for members of
 9    the House of Representatives are held, and any day proclaimed
10    by the Governor of this State as a legal  holiday.   From  12
11    o'clock noon to 12 o'clock midnight of each Saturday shall be
12    considered  a half holiday.  In addition to such holidays and
13    half-holidays, a bank may select  one  day  of  the  week  to
14    remain closed, as provided in subsection (b) of this Section.
15        (b)  Any bank doing business within this State may select
16    any  one  day of the week to remain closed on a regular basis
17    upon adoption of a resolution by the board  of  directors  of
18    such  bank  designating  the day selected and upon filing and
19    publishing a copy of such resolution as hereinafter required.
20    Any such resolution shall be deemed effective for the purpose
21    of this Section only when a copy  thereof,  certified  by  an
22    officer  having  charge of the records of such bank, is filed
23    with the Recorder of the county in which such bank is located
24    and published once each week for  3  successive  weeks  in  a
25    newspaper  of  general  circulation  in  such  county.   Such
26    publication  shall be accomplished by, and at the expense of,
27    the bank, and the bank shall submit to  the  Commissioner  of
28    Banks and Real Estate such evidence of the publication as the
29    Commissioner  shall  deem  appropriate.   Any  such selection
30    shall remain in full force and effect until  a  copy  of  the
31    later  resolution  of  the  board  of directors of such bank,
32    certified in like manner, terminating or  altering  any  such
33    prior  selection  shall  be  filed  and published in the same
34    manner as such prior resolution.
 
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 1        (c)  If an occasion arises when a state  bank  wishes  to
 2    remain  closed on a particular day, other than a day on which
 3    the bank has selected to remain closed on a regular basis  as
 4    provided  in  this Section, such state bank may remain closed
 5    on such an occasion after first sending to the Commissioner a
 6    copy of a  resolution  adopted  by  the  board  of  directors
 7    authorizing  the  bank  to remain closed on such occasion and
 8    notice of the intent to remain closed on such occasion  shall
 9    be  conspicuously  posted  in  the  lobby of the main banking
10    office and any branches of such bank for at least 3 weeks  in
11    advance  of  such  occasion.   Any  day  which any bank doing
12    business within the  State  shall  select  to  remain  closed
13    pursuant to this Section shall, with respect to such bank, be
14    treated and considered as a Sunday.
15        (d)  All  legal  holidays,  the half holidays and any day
16    selected by a bank doing business within the State to  remain
17    closed,  shall,  for  all purposes whatsoever, as regards the
18    presenting  for  payment  or  acceptance,  the  maturity  and
19    protesting and giving of notice of the dishonor of  bills  of
20    exchange,   bank   checks  and  promissory  notes  and  other
21    negotiable or commercial paper or instrument, be treated  and
22    considered  as  a  Sunday.  When  any  such  holidays fall on
23    Sunday,  the  Monday  next  following  shall  be   held   and
24    considered  such holiday. All notes, bills, drafts, checks or
25    other evidence of indebtedness, falling due  or  maturing  on
26    either  of such days, shall be deemed as due or maturing upon
27    the day following, and when 2 or  more  of  these  days  come
28    together,  or  immediately  succeeding  each other, then such
29    instruments, paper or indebtedness shall be deemed as due  or
30    having matured on the day following the last of such days.
31        (e)  Any  act  authorized,  required  or  permitted to be
32    performed at or by or with respect to any bank doing business
33    within the State on a day which it  has  selected  to  remain
34    closed  under  this  Section  may be so performed on the next
 
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 1    succeeding business day and no liability or loss of rights of
 2    any kind shall result from such delay.
 3        (f)  Nothing in this Act shall in any manner  affect  the
 4    validity  of,  or  render  void  or  voidable,  the  payment,
 5    certification,  or  acceptance of a check or other negotiable
 6    instrument, or any other transaction by a bank in this State,
 7    because done or performed on any Saturday,  Sunday,  holiday,
 8    or any day selected by a bank to remain closed, or during any
 9    time  other  than  regular banking hours; but no bank in this
10    State, which by law or custom is entitled to remain  open  or
11    to  close for the whole or any part of any day selected by it
12    to remain open or to close, is  compelled  to  close,  or  to
13    remain open for the transaction of business or to perform any
14    of  the  acts  or  transactions  aforesaid  except at its own
15    option.
16    (Source: P.A. 89-508,  eff.  7-3-96;  89-567,  eff.  7-26-96;
17    90-14, eff. 7-1-97.)

18        Section  95.  The State Mandates Act is amended by adding
19    Section 8.27 as follows:

20        (30 ILCS 805/8.27 new)
21        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
22    and  8 of this Act, no reimbursement by the State is required
23    for  the  implementation  of  any  mandate  created  by  this
24    amendatory Act of the 93rd General Assembly.