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Full Text of HB0231  100th General Assembly

HB0231 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0231

 

Introduced , by Rep. André Thapedi

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 490/61 new
10 ILCS 5/1-6
30 ILCS 500/15-45
105 ILCS 5/24-2  from Ch. 122, par. 24-2
205 ILCS 630/17  from Ch. 17, par. 2201

    Amends the State Commemorative Dates Act. Designates President Barack Obama's date of birth, August 4, as a legal holiday on which to hold appropriate exercises in commemoration of him. Includes that when the day falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Barack Obama's birthday as a holiday. Effective immediately.


LRB100 04261 RJF 14267 b

 

 

A BILL FOR

 

HB0231LRB100 04261 RJF 14267 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Commemorative Dates Act is amended by
5adding Section 61 as follows:
 
6    (5 ILCS 490/61 new)
7    Sec. 61. Barack Obama's Birthday. The fourth day of August
8of each year shall be a legal holiday to be known as Barack
9Obama's Birthday to be observed as a day on which to hold
10appropriate exercises in commemoration of our illustrious
11President. When August fourth shall fall on a Sunday, the
12following Monday shall be held and considered the holiday.
 
13    Section 10. The Election Code is amended by changing
14Section 1-6 as follows:
 
15    (10 ILCS 5/1-6)
16    Sec. 1-6. Computing dates of various acts; Saturday,
17Sunday, and holidays.
18    (a) If the first or last day fixed by law to do any act
19required or allowed by this Code falls on a State holiday or a
20Saturday or a Sunday, the period shall extend through the first
21business day next following the day otherwise fixed as the

 

 

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1first or last day, irrespective of whether any election
2authority or local election official conducts business on the
3State holiday, Saturday, or Sunday.
4    (b) For the purposes of this Section, "State holiday" means
5New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
6Lincoln's Birthday, President's Day, Casimir Pulaski's
7Birthday, Good Friday, Memorial Day, Independence Day, Barack
8Obama's Birthday, Labor Day, Columbus Day, Veterans' Day,
9Thanksgiving Day, Christmas Day, and any other day from time to
10time declared by the President of the United States or the
11Governor of Illinois to be a day during which the agencies of
12the State of Illinois that are ordinarily open to do business
13with the public shall be closed for business.
14    (c) Notwithstanding any other provision of this Code,
15nominating papers, petitions of objection to nominating
16papers, certificates of withdrawal of candidacy, and reports of
17political committees actually received by election authorities
18and local election officials on a State holiday, a Saturday, or
19a Sunday shall not be deemed invalid or defective for that
20reason alone.
21(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
 
22    Section 15. The Illinois Procurement Code is amended by
23changing Section 15-45 as follows:
 
24    (30 ILCS 500/15-45)

 

 

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1    Sec. 15-45. Computation of days. The time within which any
2act provided in this Code is to be done shall be computed by
3excluding the first day and including the last, unless the last
4day is Saturday or Sunday or is a holiday, and then it shall
5also be excluded. If the day succeeding a Saturday, Sunday, or
6holiday is also a holiday, a Saturday, or a Sunday, then that
7succeeding day shall also be excluded. For the purposes of this
8Code, "holiday" means: New Year's Day; Dr. Martin Luther King,
9Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial
10Day; Independence Day; Barack Obama's Birthday; Labor Day;
11Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day;
12and any other day from time to time declared by the President
13of the United States or the Governor of Illinois to be a day
14during which the agencies of the State of Illinois that are
15ordinarily open to do business with the public shall be closed
16for business.
17(Source: P.A. 98-1076, eff. 1-1-15.)
 
18    Section 20. The School Code is amended by changing Section
1924-2 as follows:
 
20    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
21    Sec. 24-2. Holidays.
22    (a) Teachers shall not be required to teach on Saturdays,
23nor, except as provided in subsection (b) of this Section,
24shall teachers or other school employees, other than

 

 

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1noncertificated school employees whose presence is necessary
2because of an emergency or for the continued operation and
3maintenance of school facilities or property, be required to
4work on legal school holidays, which are January 1, New Year's
5Day; the third Monday in January, the Birthday of Dr. Martin
6Luther King, Jr.; February 12, the Birthday of President
7Abraham Lincoln; the first Monday in March (to be known as
8Casimir Pulaski's birthday); Good Friday; the day designated as
9Memorial Day by federal law; July 4, Independence Day; August
104, the Birthday of President Barack Obama; the first Monday in
11September, Labor Day; the second Monday in October, Columbus
12Day; November 11, Veterans' Day; the Thursday in November
13commonly called Thanksgiving Day; and December 25, Christmas
14Day. School boards may grant special holidays whenever in their
15judgment such action is advisable. No deduction shall be made
16from the time or compensation of a school employee on account
17of any legal or special holiday.
18    (b) A school board or other entity eligible to apply for
19waivers and modifications under Section 2-3.25g of this Code is
20authorized to hold school or schedule teachers' institutes,
21parent-teacher conferences, or staff development on the third
22Monday in January (the Birthday of Dr. Martin Luther King,
23Jr.); February 12 (the Birthday of President Abraham Lincoln);
24the first Monday in March (known as Casimir Pulaski's
25birthday); the second Monday in October (Columbus Day); and
26November 11 (Veterans' Day), provided that:

 

 

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1        (1) the person or persons honored by the holiday are
2    recognized through instructional activities conducted on
3    that day or, if the day is not used for student attendance,
4    on the first school day preceding or following that day;
5    and
6        (2) the entity that chooses to exercise this authority
7    first holds a public hearing about the proposal. The entity
8    shall provide notice preceding the public hearing to both
9    educators and parents. The notice shall set forth the time,
10    date, and place of the hearing, describe the proposal, and
11    indicate that the entity will take testimony from educators
12    and parents about the proposal.
13    (c) Commemorative holidays, which recognize specified
14patriotic, civic, cultural or historical persons, activities,
15or events, are regular school days. Commemorative holidays are:
16January 28 (to be known as Christa McAuliffe Day and observed
17as a commemoration of space exploration), February 15 (the
18birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans'
19Day), September 11 (September 11th Day of Remembrance), the
20school day immediately preceding Veterans' Day (Korean War
21Veterans' Day), October 1 (Recycling Day), October 7 (Iraq and
22Afghanistan Veterans Remembrance Day), December 7 (Pearl
23Harbor Veterans' Day), and any day so appointed by the
24President or Governor. School boards may establish
25commemorative holidays whenever in their judgment such action
26is advisable. School boards shall include instruction relative

 

 

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1to commemorated persons, activities, or events on the
2commemorative holiday or at any other time during the school
3year and at any point in the curriculum when such instruction
4may be deemed appropriate. The State Board of Education shall
5prepare and make available to school boards instructional
6materials relative to commemorated persons, activities, or
7events which may be used by school boards in conjunction with
8any instruction provided pursuant to this paragraph.
9    (d) City of Chicago School District 299 shall observe March
104 of each year as a commemorative holiday. This holiday shall
11be known as Mayors' Day which shall be a day to commemorate and
12be reminded of the past Chief Executive Officers of the City of
13Chicago, and in particular the late Mayor Richard J. Daley and
14the late Mayor Harold Washington. If March 4 falls on a
15Saturday or Sunday, Mayors' Day shall be observed on the
16following Monday.
17(Source: P.A. 98-156, eff. 8-2-13.)
 
18    Section 25. The Promissory Note and Bank Holiday Act is
19amended by changing Section 17 as follows:
 
20    (205 ILCS 630/17)  (from Ch. 17, par. 2201)
21    Sec. 17. Holidays.
22    (a) The following days shall be legal holidays in the State
23of Illinois upon which day a bank may, but is not required to,
24remain closed:

 

 

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1    the first day of January (New Year's Day);
2    the third Monday in January (observance of Martin Luther
3King, Jr.'s birthday);
4    the twelfth day in February (Abraham Lincoln's birthday);
5    the third Monday in February (Presidents Day);
6    the first Monday in March (observance of Casimir Pulaski's
7birthday);
8    the Friday preceding Easter Sunday (Good Friday);
9    the last Monday of May (Memorial Day);
10    the fourth day of July (Independence Day);
11    the fourth day of August (Barack Obama's birthday);
12    the first Monday in September (Labor Day);
13    the second Monday in October (Columbus Day);
14    the eleventh day of November (Veterans' Day);
15    the fourth Thursday in November (Thanksgiving Day);
16    the twenty-fifth day in December (Christmas Day);
17    the days upon which the general elections for members of
18the House of Representatives are held, and any day proclaimed
19by the Governor of this State as a legal holiday. From 12
20o'clock noon to 12 o'clock midnight of each Saturday shall be
21considered a half holiday. In addition to such holidays and
22half-holidays, a bank may select one day of the week to remain
23closed, as provided in subsection (b) of this Section.
24    (b) Any bank doing business within this State may select
25any one day of the week to remain closed on a regular basis
26upon adoption of a resolution by the board of directors of such

 

 

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1bank designating the day selected and upon filing and
2publishing a copy of such resolution as hereinafter required.
3Any such resolution shall be deemed effective for the purpose
4of this Section only when a copy thereof, certified by an
5officer having charge of the records of such bank, is filed
6with the Recorder of the county in which such bank is located
7and published once each week for 3 successive weeks in a
8newspaper of general circulation in such county. Such
9publication shall be accomplished by, and at the expense of,
10the bank, and the bank shall submit to the Commissioner of
11Banks and Real Estate such evidence of the publication as the
12Commissioner shall deem appropriate. Any such selection shall
13remain in full force and effect until a copy of the later
14resolution of the board of directors of such bank, certified in
15like manner, terminating or altering any such prior selection
16shall be filed and published in the same manner as such prior
17resolution.
18    (c) If an occasion arises when a state bank wishes to
19remain closed on a particular day, other than a day on which
20the bank has selected to remain closed on a regular basis as
21provided in this Section, such state bank may remain closed on
22such an occasion after first sending to the Commissioner a copy
23of a resolution adopted by the board of directors authorizing
24the bank to remain closed on such occasion and notice of the
25intent to remain closed on such occasion shall be conspicuously
26posted in the lobby of the main banking office and any branches

 

 

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1of such bank for at least 3 weeks in advance of such occasion.
2Any day which any bank doing business within the State shall
3select to remain closed pursuant to this Section shall, with
4respect to such bank, be treated and considered as a Sunday.
5    (d) All legal holidays, the half holidays and any day
6selected by a bank doing business within the State to remain
7closed, shall, for all purposes whatsoever, as regards the
8presenting for payment or acceptance, the maturity and
9protesting and giving of notice of the dishonor of bills of
10exchange, bank checks and promissory notes and other negotiable
11or commercial paper or instrument, be treated and considered as
12a Sunday. When any such holidays fall on Sunday, the Monday
13next following shall be held and considered such holiday. All
14notes, bills, drafts, checks or other evidence of indebtedness,
15falling due or maturing on either of such days, shall be deemed
16as due or maturing upon the day following, and when 2 or more
17of these days come together, or immediately succeeding each
18other, then such instruments, paper or indebtedness shall be
19deemed as due or having matured on the day following the last
20of such days.
21    (e) Any act authorized, required or permitted to be
22performed at or by or with respect to any bank doing business
23within the State on a day which it has selected to remain
24closed under this Section may be so performed on the next
25succeeding business day and no liability or loss of rights of
26any kind shall result from such delay.

 

 

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1    (f) Nothing in this Act shall in any manner affect the
2validity of, or render void or voidable, the payment,
3certification, or acceptance of a check or other negotiable
4instrument, or any other transaction by a bank in this State,
5because done or performed on any Saturday, Sunday, holiday, or
6any day selected by a bank to remain closed, or during any time
7other than regular banking hours; but no bank in this State,
8which by law or custom is entitled to remain open or to close
9for the whole or any part of any day selected by it to remain
10open or to close, is compelled to close, or to remain open for
11the transaction of business or to perform any of the acts or
12transactions aforesaid except at its own option.
13(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14,
14eff. 7-1-97.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.