093_HB3180

 
                                     LRB093 10058 JLS 10309 b

 1        AN ACT concerning bank holidays.

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

 4        Section  5.  The  Promissory Note and Bank Holiday Act is
 5    amended by changing Section 17 as follows:

 6        (205 ILCS 630/17) (from Ch. 17, par. 2201)
 7        Sec. 17.  Holidays.
 8        (a)  The following days are shall be  legal  holidays  in
 9    the  State  of Illinois upon which day a bank may, but is not
10    required to, remain closed:
11        the first day of January (New Year's Day);
12        the third Monday in January (observance of Martin  Luther
13    King, Jr.'s birthday);
14        the twelfth day in February (Abraham Lincoln's birthday);
15        the third Monday in February (Presidents Day);
16        the   first   Monday  in  March  (observance  of  Casimir
17    Pulaski's birthday);
18        the Friday preceding Easter Sunday (Good Friday);
19        the last Monday of May (Memorial Day);
20        the fourth day of July (Independence Day);
21        the first Monday in September (Labor Day);
22        the second Monday in October (Columbus Day);
23        the eleventh day of November (Veterans' Day);
24        the fourth Thursday in November (Thanksgiving Day);
25        the twenty-fifth day in December (Christmas Day);
26        the days upon which the general elections for members  of
27    the House of Representatives are held, and any day proclaimed
28    by  the  Governor  of this State as a legal holiday.  From 12
29    o'clock noon to 12 o'clock midnight of each Saturday shall be
30    considered a half holiday.  In addition to such holidays  and
31    half-holidays,  a  bank  may  select  one  day of the week to
 
                            -2-      LRB093 10058 JLS 10309 b
 1    remain closed, as provided in subsection (b) of this Section.
 2        (b)  Any bank doing business within this State may select
 3    any one day of the week to remain closed on a  regular  basis
 4    upon  adoption  of  a resolution by the board of directors of
 5    such bank designating the day selected and  upon  filing  and
 6    publishing a copy of such resolution as hereinafter required.
 7    Any such resolution shall be deemed effective for the purpose
 8    of  this  Section  only  when a copy thereof, certified by an
 9    officer having charge of the records of such bank,  is  filed
10    with the Recorder of the county in which such bank is located
11    and  published  once  each  week  for 3 successive weeks in a
12    newspaper  of  general  circulation  in  such  county.   Such
13    publication shall be accomplished by, and at the expense  of,
14    the  bank,  and  the bank shall submit to the Commissioner of
15    Banks and Real Estate such evidence of the publication as the
16    Commissioner shall  deem  appropriate.   Any  such  selection
17    shall  remain  in  full  force and effect until a copy of the
18    later resolution of the board  of  directors  of  such  bank,
19    certified  in  like  manner, terminating or altering any such
20    prior selection shall be filed  and  published  in  the  same
21    manner as such prior resolution.
22        (c)  If  an  occasion  arises when a state bank wishes to
23    remain closed on a particular day, other than a day on  which
24    the  bank has selected to remain closed on a regular basis as
25    provided in this Section, such state bank may  remain  closed
26    on such an occasion after first sending to the Commissioner a
27    copy  of  a  resolution  adopted  by  the  board of directors
28    authorizing the bank to remain closed on  such  occasion  and
29    notice  of the intent to remain closed on such occasion shall
30    be conspicuously posted in the  lobby  of  the  main  banking
31    office  and any branches of such bank for at least 3 weeks in
32    advance of such occasion.   Any  day  which  any  bank  doing
33    business  within  the  State  shall  select  to remain closed
34    pursuant to this Section shall, with respect to such bank, be
 
                            -3-      LRB093 10058 JLS 10309 b
 1    treated and considered as a Sunday.
 2        (d)  All legal holidays, the half holidays  and  any  day
 3    selected  by a bank doing business within the State to remain
 4    closed, shall, for all purposes whatsoever,  as  regards  the
 5    presenting  for  payment  or  acceptance,  the  maturity  and
 6    protesting  and  giving of notice of the dishonor of bills of
 7    exchange,  bank  checks  and  promissory  notes   and   other
 8    negotiable  or commercial paper or instrument, be treated and
 9    considered as a  Sunday.  When  any  such  holidays  fall  on
10    Sunday,   the   Monday  next  following  shall  be  held  and
11    considered such holiday. All notes, bills, drafts, checks  or
12    other  evidence  of  indebtedness, falling due or maturing on
13    either of such days, shall be deemed as due or maturing  upon
14    the  day  following,  and  when  2 or more of these days come
15    together, or immediately succeeding  each  other,  then  such
16    instruments,  paper or indebtedness shall be deemed as due or
17    having matured on the day following the last of such days.
18        (e)  Any act authorized,  required  or  permitted  to  be
19    performed at or by or with respect to any bank doing business
20    within  the  State  on  a day which it has selected to remain
21    closed under this Section may be so  performed  on  the  next
22    succeeding business day and no liability or loss of rights of
23    any kind shall result from such delay.
24        (f)  Nothing  in  this Act shall in any manner affect the
25    validity  of,  or  render  void  or  voidable,  the  payment,
26    certification, or acceptance of a check or  other  negotiable
27    instrument, or any other transaction by a bank in this State,
28    because  done  or performed on any Saturday, Sunday, holiday,
29    or any day selected by a bank to remain closed, or during any
30    time other than regular banking hours; but no  bank  in  this
31    State,  which  by law or custom is entitled to remain open or
32    to close for the whole or any part of any day selected by  it
33    to  remain  open  or  to  close, is compelled to close, or to
34    remain open for the transaction of business or to perform any
 
                            -4-      LRB093 10058 JLS 10309 b
 1    of the acts or  transactions  aforesaid  except  at  its  own
 2    option.
 3    (Source:  P.A.  89-508,  eff.  7-3-96;  89-567, eff. 7-26-96;
 4    90-14, eff. 7-1-97.)