Illinois General Assembly - Full Text of HB5553
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Full Text of HB5553  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Delia C. Ramirez


5 ILCS 490/7
5 ILCS 490/35 rep.
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. Provides that the second Monday in October of each year (currently, the last Monday in September) shall be a holiday to be known as Indigenous Peoples Day to be observed throughout the State (currently, not a holiday). Removes Columbus Day as a holiday and a commemorative date. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to make changes to provide for Indigenous Peoples Day as a State holiday and the removal of Columbus Day as a State holiday. Makes conforming changes.

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HB5553LRB101 20688 RJF 70352 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
5changing Sections 7 and 35 as follows:
6    (5 ILCS 490/7)
7    Sec. 7. Indigenous Peoples Day. The second Monday in
8October last Monday in September of each year shall be a
9holiday to be known is designated as Indigenous Peoples Day to
10be observed throughout the State as a day to recognize the
11contributions of indigenous peoples with suitable ceremony and
12fellowship designed to promote greater understanding and
13kinship between indigenous peoples and non-indigenous peoples
14of the State of Illinois.
15(Source: P.A. 100-119, eff. 8-18-17.)
16    (5 ILCS 490/35 rep.)
17    Section 10. The State Commemorative Dates Act is amended by
18repealing Section 35.
19    Section 15. The Election Code is amended by changing
20Section 1-6 as follows:



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



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1reason alone.
2(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
3    Section 20. The Illinois Procurement Code is amended by
4changing Section 15-45 as follows:
5    (30 ILCS 500/15-45)
6    Sec. 15-45. Computation of days. The time within which any
7act provided in this Code is to be done shall be computed by
8excluding the first day and including the last, unless the last
9day is Saturday or Sunday or is a holiday, and then it shall
10also be excluded. If the day succeeding a Saturday, Sunday, or
11holiday is also a holiday, a Saturday, or a Sunday, then that
12succeeding day shall also be excluded. For the purposes of this
13Code, "holiday" means: New Year's Day; Dr. Martin Luther King,
14Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial
15Day; Independence Day; Labor Day; Indigenous Peoples Day
16Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day;
17and any other day from time to time declared by the President
18of the United States or the Governor of Illinois to be a day
19during which the agencies of the State of Illinois that are
20ordinarily open to do business with the public shall be closed
21for business.
22(Source: P.A. 98-1076, eff. 1-1-15.)
23    Section 25. The School Code is amended by changing Section



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124-2 as follows:
2    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
3    Sec. 24-2. Holidays.
4    (a) Teachers shall not be required to teach on Saturdays,
5nor, except as provided in subsection (b) of this Section,
6shall teachers or other school employees, other than
7noncertificated school employees whose presence is necessary
8because of an emergency or for the continued operation and
9maintenance of school facilities or property, be required to
10work on legal school holidays, which are January 1, New Year's
11Day; the third Monday in January, the Birthday of Dr. Martin
12Luther King, Jr.; February 12, the Birthday of President
13Abraham Lincoln; the first Monday in March (to be known as
14Casimir Pulaski's birthday); Good Friday; the day designated as
15Memorial Day by federal law; July 4, Independence Day; the
16first Monday in September, Labor Day; the second Monday in
17October, Indigenous Peoples Day the second Monday in October,
18Columbus Day; November 11, Veterans' Day; the Thursday in
19November commonly called Thanksgiving Day; and December 25,
20Christmas Day. School boards may grant special holidays
21whenever in their judgment such action is advisable. No
22deduction shall be made from the time or compensation of a
23school employee on account of any legal or special holiday.
24    (b) A school board or other entity eligible to apply for
25waivers and modifications under Section 2-3.25g of this Code is



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1authorized to hold school or schedule teachers' institutes,
2parent-teacher conferences, or staff development on the third
3Monday in January (the Birthday of Dr. Martin Luther King,
4Jr.); February 12 (the Birthday of President Abraham Lincoln);
5the first Monday in March (known as Casimir Pulaski's
6birthday); the second Monday in October (Indigenous Peoples
7Day) the second Monday in October (Columbus Day); and November
811 (Veterans' Day), provided that:
9        (1) the person or persons honored by the holiday are
10    recognized through instructional activities conducted on
11    that day or, if the day is not used for student attendance,
12    on the first school day preceding or following that day;
13    and
14        (2) the entity that chooses to exercise this authority
15    first holds a public hearing about the proposal. The entity
16    shall provide notice preceding the public hearing to both
17    educators and parents. The notice shall set forth the time,
18    date, and place of the hearing, describe the proposal, and
19    indicate that the entity will take testimony from educators
20    and parents about the proposal.
21    (c) Commemorative holidays, which recognize specified
22patriotic, civic, cultural or historical persons, activities,
23or events, are regular school days. Commemorative holidays are:
24January 28 (to be known as Christa McAuliffe Day and observed
25as a commemoration of space exploration), February 15 (the
26birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans'



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1Day), September 11 (September 11th Day of Remembrance), the
2school day immediately preceding Veterans' Day (Korean War
3Veterans' Day), October 1 (Recycling Day), October 7 (Iraq and
4Afghanistan Veterans Remembrance Day), December 7 (Pearl
5Harbor Veterans' Day), and any day so appointed by the
6President or Governor. School boards may establish
7commemorative holidays whenever in their judgment such action
8is advisable. School boards shall include instruction relative
9to commemorated persons, activities, or events on the
10commemorative holiday or at any other time during the school
11year and at any point in the curriculum when such instruction
12may be deemed appropriate. The State Board of Education shall
13prepare and make available to school boards instructional
14materials relative to commemorated persons, activities, or
15events which may be used by school boards in conjunction with
16any instruction provided pursuant to this paragraph.
17    (d) City of Chicago School District 299 shall observe March
184 of each year as a commemorative holiday. This holiday shall
19be known as Mayors' Day which shall be a day to commemorate and
20be reminded of the past Chief Executive Officers of the City of
21Chicago, and in particular the late Mayor Richard J. Daley and
22the late Mayor Harold Washington. If March 4 falls on a
23Saturday or Sunday, Mayors' Day shall be observed on the
24following Monday.
25(Source: P.A. 98-156, eff. 8-2-13.)



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1    Section 30. The Promissory Note and Bank Holiday Act is
2amended by changing Section 17 as follows:
3    (205 ILCS 630/17)  (from Ch. 17, par. 2201)
4    Sec. 17. Holidays.
5    (a) The following days shall be legal holidays in the State
6of Illinois upon which day a bank may, but is not required to,
7remain closed:
8    the first day of January (New Year's Day);
9    the third Monday in January (observance of Martin Luther
10King, Jr.'s birthday);
11    the twelfth day in February (Abraham Lincoln's birthday);
12    the third Monday in February (Presidents Day);
13    the first Monday in March (observance of Casimir Pulaski's
15    the Friday preceding Easter Sunday (Good Friday);
16    the last Monday of May (Memorial Day);
17    the fourth day of July (Independence Day);
18    the first Monday in September (Labor Day);
19    the second Monday in October (Indigenous Peoples Day);
20    the second Monday in October (Columbus Day);
21    the eleventh day of November (Veterans' Day);
22    the fourth Thursday in November (Thanksgiving Day);
23    the twenty-fifth day in December (Christmas Day);
24    the days upon which the general elections for members of
25the House of Representatives are held, and any day proclaimed



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1by the Governor of this State as a legal holiday. From 12
2o'clock noon to 12 o'clock midnight of each Saturday shall be
3considered a half holiday. In addition to such holidays and
4half-holidays, a bank may select one day of the week to remain
5closed, as provided in subsection (b) of this Section.
6    (b) Any bank doing business within this State may select
7any one day of the week to remain closed on a regular basis
8upon adoption of a resolution by the board of directors of such
9bank designating the day selected and upon filing and
10publishing a copy of such resolution as hereinafter required.
11Any such resolution shall be deemed effective for the purpose
12of this Section only when a copy thereof, certified by an
13officer having charge of the records of such bank, is filed
14with the Recorder of the county in which such bank is located
15and published once each week for 3 successive weeks in a
16newspaper of general circulation in such county. Such
17publication shall be accomplished by, and at the expense of,
18the bank, and the bank shall submit to the Commissioner of
19Banks and Real Estate such evidence of the publication as the
20Commissioner shall deem appropriate. Any such selection shall
21remain in full force and effect until a copy of the later
22resolution of the board of directors of such bank, certified in
23like manner, terminating or altering any such prior selection
24shall be filed and published in the same manner as such prior
26    (c) If an occasion arises when a state bank wishes to



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1remain closed on a particular day, other than a day on which
2the bank has selected to remain closed on a regular basis as
3provided in this Section, such state bank may remain closed on
4such an occasion after first sending to the Commissioner a copy
5of a resolution adopted by the board of directors authorizing
6the bank to remain closed on such occasion and notice of the
7intent to remain closed on such occasion shall be conspicuously
8posted in the lobby of the main banking office and any branches
9of such bank for at least 3 weeks in advance of such occasion.
10Any day which any bank doing business within the State shall
11select to remain closed pursuant to this Section shall, with
12respect to such bank, be treated and considered as a Sunday.
13    (d) All legal holidays, the half holidays and any day
14selected by a bank doing business within the State to remain
15closed, shall, for all purposes whatsoever, as regards the
16presenting for payment or acceptance, the maturity and
17protesting and giving of notice of the dishonor of bills of
18exchange, bank checks and promissory notes and other negotiable
19or commercial paper or instrument, be treated and considered as
20a Sunday. When any such holidays fall on Sunday, the Monday
21next following shall be held and considered such holiday. All
22notes, bills, drafts, checks or other evidence of indebtedness,
23falling due or maturing on either of such days, shall be deemed
24as due or maturing upon the day following, and when 2 or more
25of these days come together, or immediately succeeding each
26other, then such instruments, paper or indebtedness shall be



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1deemed as due or having matured on the day following the last
2of such days.
3    (e) Any act authorized, required or permitted to be
4performed at or by or with respect to any bank doing business
5within the State on a day which it has selected to remain
6closed under this Section may be so performed on the next
7succeeding business day and no liability or loss of rights of
8any kind shall result from such delay.
9    (f) Nothing in this Act shall in any manner affect the
10validity of, or render void or voidable, the payment,
11certification, or acceptance of a check or other negotiable
12instrument, or any other transaction by a bank in this State,
13because done or performed on any Saturday, Sunday, holiday, or
14any day selected by a bank to remain closed, or during any time
15other than regular banking hours; but no bank in this State,
16which by law or custom is entitled to remain open or to close
17for the whole or any part of any day selected by it to remain
18open or to close, is compelled to close, or to remain open for
19the transaction of business or to perform any of the acts or
20transactions aforesaid except at its own option.
21(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14,
22eff. 7-1-97.)