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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2484
Introduced 2/17/2005, by Rep. Constance A. Howard - Monique D. Davis - Lovana Jones SYNOPSIS AS INTRODUCED: |
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5 ILCS 490/115 new |
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10 ILCS 5/1-6 |
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10 ILCS 5/17-25 |
from Ch. 46, par. 17-25 |
20 ILCS 5/5-635 |
was 20 ILCS 5/18 |
20 ILCS 3205/3 |
from Ch. 17, par. 453 |
55 ILCS 5/3-2007 |
from Ch. 34, par. 3-2007 |
105 ILCS 5/24-2 |
from Ch. 122, par. 24-2 |
110 ILCS 70/45a |
from Ch. 24 1/2, par. 38l.1 |
205 ILCS 630/17 |
from Ch. 17, par. 2201 |
30 ILCS 805/8.29 new |
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Amends the State Commemorative Dates Act, the School Code, and the Promissory
Note and Bank Holiday Act. Makes the date of the general election a legal and
school holiday known as General Election Day. Rephrases the current
authorization for banks to close on the date of the general election. Prohibits
requiring officers and employees of the State, units of local government, and
school districts to work on General Election Day except as necessary for the
conduct of the election, for law enforcement, for fire protection, and for
public health and safety. Requires courts to designate General Election Day as
a court holiday. Preempts home rule powers. Amends the State Mandates Act to
require implementation without reimbursement. Amends the Election Code, the
Civil Administrative Code of Illinois, the Office of Banks and Real Estate Act,
the Counties Code, and the Universities Civil Service Act to make conforming
changes.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB2484 |
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LRB094 09996 JAM 40254 b |
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| AN ACT concerning State holidays.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The State Commemorative Dates Act is amended by |
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| adding Section
115 as follows:
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| (5 ILCS 490/115 new)
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| Sec. 115. General Election Day.
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| (a) The date established by the Election
Code as the
date |
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| of the general election is a legal holiday to be known as |
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| General
Election Day.
No officer or employee of the State, a |
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| unit of local government
including a home rule
unit, or a
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| school district may be required to work on General Election |
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| Day, except
those
persons
necessary for (i) the conduct of the |
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| general election, (ii) law enforcement,
(iii) fire
protection, |
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| and (iv) public health and safety.
The courts of this State |
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| shall designate General Election Day
as a court
holiday.
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| (b) A home rule unit may not require its officers and
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| employees to work
on General
Election Day other than as |
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| provided in this Section. This Section is a denial
and |
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| limitation of home rule powers and functions
under
subsection |
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| (h) of Section 6 of Article VII of the Illinois Constitution.
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| Section 10. The Election Code is amended by changing
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| Sections 1-6 and 17-25 as follows:
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| (10 ILCS 5/1-6)
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| Sec. 1-6. Computing dates of various acts; Saturday, |
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| Sunday, and holidays.
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| (a) If the first or last day fixed by law to do any act |
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| required or
allowed by this Code
falls on a State holiday or a |
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| Saturday or a Sunday, the
period shall extend through the first |
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| business day next
following the day
otherwise fixed as the |
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HB2484 |
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LRB094 09996 JAM 40254 b |
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| first or last day,
irrespective of whether any election |
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| authority or local election official
conducts business on the |
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| State holiday, Saturday, or Sunday.
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| (b) For the purposes of this Section, "State holiday" means |
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| New Year's
Day, Dr. Martin Luther King, Jr.'s Birthday, |
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| Lincoln's Birthday, President's
Day, Casimir Pulaski's |
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| Birthday, Good Friday, Memorial Day, Independence Day,
Labor |
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| Day, Columbus Day, Veterans' Day, Thanksgiving
Day, Christmas |
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| Day, and
any other day from time to time declared by the |
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| President of the United States
or the Governor of Illinois to |
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| be a day during which the agencies of the State
of Illinois |
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| that are ordinarily open to do business with the public shall |
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| be
closed for business.
In this Section, however, "State |
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| holiday" does not include General Election
Day.
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| (c) Notwithstanding any other provision of this Code, |
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| nominating
papers, petitions of objection to nominating |
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| papers, certificates of withdrawal
of candidacy, and reports of |
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| political committees actually received by election
authorities |
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| and local election officials on a State holiday, a Saturday, or |
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| a
Sunday shall not be deemed invalid or defective for that |
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| reason alone.
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| (Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
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| (10 ILCS 5/17-25) (from Ch. 46, par. 17-25)
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| Sec. 17-25. General Election Day holiday. As provided in |
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| the State
Commemorative Dates Act, General Election Day
The |
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| days upon which the
general elections for members of the
House |
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| of Representatives of this State shall hereafter be held shall |
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| be
a holiday
holidays , and shall for all purposes whatever as |
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| regards the
presenting for
payment or acceptance and of |
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| protesting and giving notice of the dishonor
of bills of |
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| exchange, bank checks and promissory notes and as regards days
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| of grace upon commercial paper, be treated and considered as is |
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| the first
day of the week, commonly called Sunday; provided, |
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| that no other election
day shall be treated and considered as a |
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| holiday.
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HB2484 |
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| (Source: Laws 1943, vol. 2, p. 253 .)
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| Section 15. The Civil Administrative Code of Illinois is |
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| amended by changing
Section 5-635 as follows:
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| (20 ILCS 5/5-635) (was 20 ILCS 5/18)
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| Sec. 5-635. Department office hours. Each department shall |
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| be
open for the transaction of public
business at least from |
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| 8:30 in the morning until
5:00 in the evening of each day |
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| except Saturdays, Sundays, General Election
Day as provided in |
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| the State Commemorative Dates Act, and days that
may hereafter |
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| be declared by the Governor to be holidays for State
employees.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 20. The Office of Banks and Real Estate Act is |
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| amended by changing
Section 3 as follows:
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| (20 ILCS 3205/3) (from Ch. 17, par. 453)
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| Sec. 3. Business hours. The Office of Banks and Real |
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| Estate shall be open
for transaction of public business from |
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| 8:30
a.m. to 5:00 p.m. or at such other hours as the Governor |
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| may prescribe
from time to time by executive order, on each day |
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| except
Saturdays, Sundays, General Election Day as provided in |
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| the State
Commemorative Dates Act, and days declared by the |
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| Governor to be holidays for
State
employees.
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| (Source: P.A. 89-508, eff. 7-3-96.)
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| Section 25. The Counties Code is amended by changing
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| Section 3-2007 as follows:
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| (55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
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| Sec. 3-2007. Office quarters and hours; violation.
The |
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| county clerk shall keep his office at the court house of
his |
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| county, or at such other place as may be provided for him by |
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| the
authorities of such county seat and shall keep his office |
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| open and
attend to the duties thereof:
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HB2484 |
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| (a) In counties of 500,000 or more population from 9 a. m. |
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| to 5 p.
m. of each working day except Saturday afternoons and |
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| legal holidays, subject
to Section 115 of the State |
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| Commemorative Dates Act,
but the clerk may open the office at 8 |
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| a. m. on each working day:
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| (b) In counties of less than 500,000 population from 8 a. |
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| m. to 5 p.
m. of each working day except Saturdays and legal |
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| holidays, subject to
Section 115 of the State Commemorative |
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| Dates Act, but in such
counties the office shall remain open |
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| until noon the Saturday before
general, primary or special |
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| election days.
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| Provided, that the days on which such office shall be open |
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| and the
hours of opening and closing of the office of the |
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| county clerk may be
changed and otherwise fixed and determined |
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| by the county board of any
county. Any such action taken by the |
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| county board shall be by an
appropriate resolution passed at a |
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| regular meeting.
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| Notwithstanding any other provision of this Section, when |
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| any
election is held and the results of such election
are |
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| required by law to be returned to the county clerk, the office |
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| of
the county clerk shall remain open for the purpose of |
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| receiving such
results from the time of opening of the polls |
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| until the returns from
each precinct have been received.
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| Any county clerk who fails to keep his office open for the |
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| purpose of
receiving election returns as required by this |
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| Section commits a
business offense, and shall be fined not less |
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| than $500 nor more than
$5,000.
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| (Source: P.A. 86-962.)
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| Section 30. The School Code is amended by changing
Section |
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| 24-2 as follows:
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| (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
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| Sec. 24-2. Holidays. Teachers shall not be required
to |
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| teach on Saturdays; nor shall teachers or other school
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| employees, other than noncertified school employees whose |
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HB2484 |
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LRB094 09996 JAM 40254 b |
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| presence is
necessary because of an emergency or for the |
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| continued operation and
maintenance of school facilities or |
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| property, be
required to work on legal school
holidays, which |
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| are January 1, New Year's Day; the third Monday in
January, the |
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| Birthday of Dr. Martin Luther King, Jr.; February 12, the
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| Birthday of President Abraham Lincoln; the
first Monday in |
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| March (to be known as Casimir Pulaski's birthday); Good
Friday; |
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| the day designated as Memorial Day by federal law; July 4,
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| Independence Day; the first Monday in September, Labor Day; the |
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| second Monday
in October, Columbus Day; the date established by |
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| the Election Code as the
date of the general election, General |
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| Election Day; November 11, Veteran's
Day; the Thursday in
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| November commonly called Thanksgiving Day; and December 25, |
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| Christmas Day.
School boards may grant special holidays |
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| whenever in their judgment such
action is advisable , except |
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| that no school board or board of education
may
designate or |
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| observe as a special holiday on which teachers or
other school
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| employees are not required to work the days on which general |
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| elections for
members of the Illinois House of Representatives |
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| are held . No deduction shall
be made from the time or
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| compensation of a school employee on account of any legal
or |
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| special holiday.
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| Commemorative holidays, which recognize specified |
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| patriotic, civic,
cultural or historical persons, activities, |
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| or events, are regular school
days. Commemorative
holidays are: |
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| January 28 (to be known as Christa McAuliffe Day and
observed |
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| as a commemoration of space exploration), February 15 (the
37th |
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| day of Susan B. Anthony), March 29 (Vietnam War Veterans Day),
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| September 11 (September 11th Day of Remembrance), the school |
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| day
immediately preceding Veteran's Day (Korean War Veterans
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| Day), October 1 (Recycling Day), December 7 (Pearl Harbor |
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| Veterans Day) and
any day so appointed by the President or
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| Governor. School boards may establish commemorative holidays |
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| whenever in
their judgment such action is advisable.
School |
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| boards shall include instruction relative to commemorated |
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| persons,
activities, or
events on the commemorative holiday or |
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HB2484 |
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LRB094 09996 JAM 40254 b |
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| at any other time during the school
year and at any point in |
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| the curriculum when such instruction may be deemed
appropriate. |
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| The State Board of Education shall prepare and make available
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| to school boards instructional materials relative to |
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| commemorated persons,
activities,
or events which may be used |
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| by school boards in conjunction with any
instruction provided |
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| pursuant to this paragraph.
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| City of Chicago School District 299 shall observe March 4 |
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| of each year as
a commemorative holiday. This holiday shall be |
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| known as Mayors' Day which
shall be a day to commemorate and be |
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| reminded of the past Chief Executive
Officers of the City of |
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| Chicago, and in particular the late Mayor Richard
J. Daley and |
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| the late Mayor Harold Washington. If March 4 falls on a
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| Saturday or Sunday, Mayors' Day shall be observed on the |
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| following Monday.
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| (Source: P.A. 92-704, eff. 7-19-02.)
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| Section 35. The State Universities Civil Service Act is |
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| amended by changing
Section 45a as follows:
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| (110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
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| Sec. 45a. Except as provided in the second sentence of this |
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| Section,
all officers and employees subject to this Act, shall |
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| have the
following days as holidays, for which they shall |
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| receive their usual
compensation: New Year's Day, January 1, |
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| Memorial Day, as determined by
the law of the State of |
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| Illinois, Independence Day, July 4, Labor Day,
the first Monday |
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| in September, General Election Day as provided in the State
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| Commemorative Dates Act, Thanksgiving Day, the fourth Thursday |
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| of
November, Christmas Day, December 25, and five holidays to |
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| be designated
by each college, university, agency and community |
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| college subject to
this Act. Craft and trade employees subject |
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| to this Act shall be paid
for all paid holidays included in |
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| their area agreement, and will be paid
for all five holidays |
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| designated by their employer pursuant to this
section.
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| (Source: P.A. 79-1186.)
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HB2484 |
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| Section 40. The Promissory Note and Bank Holiday Act is |
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| amended by changing
Section 17 as follows:
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| (205 ILCS 630/17) (from Ch. 17, par. 2201)
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| Sec. 17. Holidays.
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| (a) The following days shall be legal holidays in the State |
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| of
Illinois upon which day a bank may, but is not required to, |
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| remain closed:
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| the first day of January (New Year's Day);
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| the third Monday in January (observance of Martin Luther |
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| King, Jr.'s
birthday);
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| the twelfth day in February (Abraham Lincoln's birthday);
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| the third Monday in February (Presidents Day);
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| the first Monday in March (observance of Casimir Pulaski's |
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| birthday);
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| the Friday preceding Easter Sunday (Good Friday);
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| the last Monday of May (Memorial Day);
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| the fourth day of July (Independence Day);
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| the first Monday in September (Labor Day);
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| the second Monday in October (Columbus Day);
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| the date established by the Election Code as the date of |
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| the general
election (General Election Day);
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| the eleventh day of November (Veterans' Day);
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| the fourth Thursday in November (Thanksgiving Day);
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| the twenty-fifth day in December (Christmas Day);
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| the days upon which the general elections for members of |
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| the House of
Representatives are held, and any day proclaimed |
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| by the Governor of this
State as a legal holiday. From 12 |
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| o'clock noon to 12 o'clock midnight of
each Saturday shall be |
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| considered a half holiday. In addition to such
holidays and |
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| half-holidays, a bank may select one day of the week to remain
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| closed, as provided in subsection (b) of this Section.
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| (b) Any bank doing business within this State may select |
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| any one day of
the week to remain closed on a regular basis |
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| upon adoption of a resolution
by the board of directors of such |
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HB2484 |
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| bank designating the day selected and
upon filing and |
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| publishing a copy of such resolution as hereinafter
required. |
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| Any such resolution shall be deemed effective for the purpose |
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| of
this Section only when a copy thereof, certified by an |
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| officer having charge
of the records of such bank, is filed |
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| with the Recorder of the county in
which such bank is located |
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| and published once each week for 3 successive
weeks in a |
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| newspaper of general circulation in such county. Such
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| publication shall be accomplished by, and at the expense of, |
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| the bank, and
the bank shall submit to the Commissioner of |
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| Banks and Real Estate such evidence of the publication as the |
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| Commissioner shall deem
appropriate. Any such selection shall |
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| remain in full force and effect until a
copy of the later |
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| resolution of the board of directors of such bank, certified
in |
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| like manner, terminating or altering any such prior selection |
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| shall be filed
and published in the same manner as such prior |
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| resolution.
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| (c) If an occasion arises when a state bank wishes to |
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| remain closed on a
particular day, other than a day on which |
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| the bank has selected to remain
closed on a regular basis as |
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| provided in this Section, such state bank may
remain closed on |
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| such an occasion after first sending to the Commissioner a
copy |
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| of a resolution adopted by the board of directors authorizing |
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| the bank
to remain closed on such occasion and notice of the |
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| intent to remain closed
on such occasion shall be conspicuously |
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| posted in the lobby of the main
banking office and any branches |
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| of such bank for at least 3 weeks in
advance of such occasion. |
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| Any day which any bank doing business within the
State shall |
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| select to remain closed pursuant to this Section shall, with
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| respect to such bank, be treated and considered as a Sunday.
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| (d) All legal holidays, the half holidays and
any day |
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| selected by a bank doing business within the State to remain
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| closed, shall, for all purposes whatsoever, as
regards the |
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| presenting for payment or acceptance, the maturity and
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| protesting and giving of notice of the dishonor of bills of |
36 |
| exchange, bank
checks and promissory notes and other negotiable |
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HB2484 |
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| or commercial paper or
instrument, be treated and considered as |
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| a Sunday. When any such holidays
fall on Sunday, the Monday
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| next following shall be held and considered such holiday. All |
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| notes, bills,
drafts, checks or other evidence of indebtedness, |
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| falling due or maturing
on either of such days, shall be deemed |
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| as due or maturing upon the day
following, and when 2 or more |
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| of these days come together, or immediately
succeeding each |
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| other, then such instruments, paper or indebtedness shall
be |
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| deemed as due or having matured on the day following the last |
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| of such
days.
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| (e) Any act authorized, required or permitted to be |
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| performed at or by or
with respect to any bank doing business |
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| within the State on a day which it
has selected to remain |
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| closed under this Section may be so performed on the
next |
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| succeeding business day and no liability or loss of rights of |
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| any kind
shall result from such delay.
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| (f) Nothing in this Act shall in any manner affect the |
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| validity of, or
render void or voidable, the payment, |
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| certification, or acceptance of a
check or other negotiable |
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| instrument, or any other transaction by a bank in
this State, |
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| because done or performed on any Saturday, Sunday, holiday, or
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| any day selected by a bank to remain closed, or during any time |
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| other than
regular banking hours; but no bank in this State, |
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| which by law or custom is
entitled to remain open or to close |
25 |
| for the whole or any part of any day
selected by it to remain |
26 |
| open or to close, is compelled to close, or to
remain open for |
27 |
| the transaction of business or to perform any of the acts
or |
28 |
| transactions aforesaid except at its own option.
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| (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, |
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| eff.
7-1-97.)
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31 |
| Section 90. The State Mandates Act is amended by adding |
32 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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34 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 |