Illinois General Assembly - Full Text of HB3987
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Full Text of HB3987  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/23/2023, by Rep. Barbara Hernandez


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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HB3987LRB103 29749 DTM 56155 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
18by repealing 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
7first business day next following the day otherwise fixed as
8the first 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"
12means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
13Lincoln's Birthday, President's Day, Casimir Pulaski's
14Birthday, Good Friday, Memorial Day, Juneteenth National
15Freedom Day, Independence Day, Labor Day, Indigenous Peoples
16Day Columbus Day, Veterans' Day, Thanksgiving Day, Christmas
17Day, and any other day from time to time declared by the
18President of the United States or the Governor of Illinois to
19be a day during which the agencies of the State of Illinois
20that are ordinarily open to do business with the public shall
21be closed for business.
22    (c) Notwithstanding any other provision of this Code,
23nominating papers, petitions of objection to nominating
24papers, certificates of withdrawal of candidacy, and reports
25of political committees actually received by election
26authorities and local election officials on a State holiday, a



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1Saturday, or a Sunday shall not be deemed invalid or defective
2for that reason alone.
3(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)
4    Section 20. The Illinois Procurement Code is amended by
5changing Section 15-45 as follows:
6    (30 ILCS 500/15-45)
7    Sec. 15-45. Computation of days. The time within which any
8act provided in this Code is to be done shall be computed by
9excluding the first day and including the last, unless the
10last day is Saturday or Sunday or is a holiday, and then it
11shall also be excluded. If the day succeeding a Saturday,
12Sunday, or holiday is also a holiday, a Saturday, or a Sunday,
13then that succeeding day shall also be excluded. For the
14purposes of this Code, "holiday" means: New Year's Day; Dr.
15Martin Luther King, Jr.'s Birthday; Lincoln's Birthday;
16President's Day; Memorial Day; Juneteenth National Freedom
17Day; Independence Day; Labor Day; Indigenous Peoples Day
18Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day;
19and any other day from time to time declared by the President
20of the United States or the Governor of Illinois to be a day
21during which the agencies of the State of Illinois that are
22ordinarily open to do business with the public shall be closed
23for business.
24    Notwithstanding any other provision of State law to the



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1contrary, November 3, 2020 shall be a State holiday known as
22020 General Election Day and shall be observed throughout the
3State pursuant to this amendatory Act of the 101st General
5(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
6102-334, eff. 8-9-21.)
7    Section 25. The School Code is amended by changing Section
824-2 as follows:
9    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
10    Sec. 24-2. Holidays.
11    (a) Teachers shall not be required to teach on Saturdays,
12nor, except as provided in subsection (b) of this Section,
13shall teachers or other school employees, other than
14noncertificated school employees whose presence is necessary
15because of an emergency or for the continued operation and
16maintenance of school facilities or property, be required to
17work on legal school holidays, which are January 1, New Year's
18Day; the third Monday in January, the Birthday of Dr. Martin
19Luther King, Jr.; February 12, the Birthday of President
20Abraham Lincoln; the first Monday in March (to be known as
21Casimir Pulaski's birthday); Good Friday; the day designated
22as Memorial Day by federal law; June 19, Juneteenth National
23Freedom Day; July 4, Independence Day; the first Monday in
24September, Labor Day; the second Monday in October, Indigenous



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1Peoples Day the second Monday in October, Columbus Day;
2November 11, Veterans' Day; the Thursday in November commonly
3called Thanksgiving Day; and December 25, Christmas Day.
4School boards may grant special holidays whenever in their
5judgment such action is advisable. No deduction shall be made
6from the time or compensation of a school employee on account
7of any legal or special holiday.
8    (b) A school board or other entity eligible to apply for
9waivers and modifications under Section 2-3.25g of this Code
10is authorized to hold school or schedule teachers' institutes,
11parent-teacher conferences, or staff development on the third
12Monday in January (the Birthday of Dr. Martin Luther King,
13Jr.); February 12 (the Birthday of President Abraham Lincoln);
14the first Monday in March (known as Casimir Pulaski's
15birthday); the second Monday in October, Indigenous Peoples
16Day the second Monday in October (Columbus Day); and November
1711 (Veterans' Day), provided that:
18        (1) the person or persons honored by the holiday are
19    recognized through instructional activities conducted on
20    that day or, if the day is not used for student attendance,
21    on the first school day preceding or following that day;
22    and
23        (2) the entity that chooses to exercise this authority
24    first holds a public hearing about the proposal. The
25    entity shall provide notice preceding the public hearing
26    to both educators and parents. The notice shall set forth



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1    the time, date, and place of the hearing, describe the
2    proposal, and indicate that the entity will take testimony
3    from educators and parents about the proposal.
4    (c) Commemorative holidays, which recognize specified
5patriotic, civic, cultural or historical persons, activities,
6or events, are regular school days. Commemorative holidays
7are: January 17 (the birthday of Muhammad Ali), January 28 (to
8be known as Christa McAuliffe Day and observed as a
9commemoration of space exploration), February 15 (the birthday
10of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
11September 11 (September 11th Day of Remembrance), the school
12day immediately preceding Veterans' Day (Korean War Veterans'
13Day), October 1 (Recycling Day), October 7 (Iraq and
14Afghanistan Veterans Remembrance Day), December 7 (Pearl
15Harbor Veterans' Day), and any day so appointed by the
16President or Governor. School boards may establish
17commemorative holidays whenever in their judgment such action
18is advisable. School boards shall include instruction relative
19to commemorated persons, activities, or events on the
20commemorative holiday or at any other time during the school
21year and at any point in the curriculum when such instruction
22may be deemed appropriate. The State Board of Education shall
23prepare and make available to school boards instructional
24materials relative to commemorated persons, activities, or
25events which may be used by school boards in conjunction with
26any instruction provided pursuant to this paragraph.



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1    (d) City of Chicago School District 299 shall observe
2March 4 of each year as a commemorative holiday. This holiday
3shall be known as Mayors' Day which shall be a day to
4commemorate and be reminded of the past Chief Executive
5Officers of the City of Chicago, and in particular the late
6Mayor Richard J. Daley and the late Mayor Harold Washington.
7If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
8observed on the following Monday.
9    (e) Notwithstanding any other provision of State law to
10the contrary, November 3, 2020 shall be a State holiday known
11as 2020 General Election Day and shall be observed throughout
12the State pursuant to this amendatory Act of the 101st General
13Assembly. All government offices, with the exception of
14election authorities, shall be closed unless authorized to be
15used as a location for election day services or as a polling
17    Notwithstanding any other provision of State law to the
18contrary, November 8, 2022 shall be a State holiday known as
192022 General Election Day and shall be observed throughout the
20State under Public Act 102-15.
21(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
22102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
231-1-22; 102-813, eff. 5-13-22.)
24    Section 30. The Promissory Note and Bank Holiday Act is
25amended by changing Section 17 as follows:



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1    (205 ILCS 630/17)  (from Ch. 17, par. 2201)
2    Sec. 17. Holidays.
3    (a) The following days shall be legal holidays in the
4State of Illinois upon which day a bank may, but is not
5required to, remain closed:
6    the first day of January (New Year's Day);
7    the third Monday in January (observance of Martin Luther
8King, Jr.'s birthday);
9    the twelfth day in February (Abraham Lincoln's birthday);
10    the third Monday in February (Presidents Day);
11    the first Monday in March (observance of Casimir Pulaski's
13    the Friday preceding Easter Sunday (Good Friday);
14    the last Monday of May (Memorial Day);
15    the nineteenth day of June (Juneteenth National Freedom
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
23in like manner, terminating or altering any such prior
24selection shall be filed and published in the same manner as
25such prior resolution.
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
5copy of a resolution adopted by the board of directors
6authorizing the bank to remain closed on such occasion and
7notice of the intent to remain closed on such occasion shall be
8conspicuously posted in the lobby of the main banking office
9and any branches of such bank for at least 3 weeks in advance
10of such occasion. Any day which any bank doing business within
11the State shall select to remain closed pursuant to this
12Section shall, with respect to such bank, be treated and
13considered as a Sunday.
14    (d) All legal holidays, the half holidays and any day
15selected by a bank doing business within the State to remain
16closed, shall, for all purposes whatsoever, as regards the
17presenting for payment or acceptance, the maturity and
18protesting and giving of notice of the dishonor of bills of
19exchange, bank checks and promissory notes and other
20negotiable or commercial paper or instrument, be treated and
21considered as a Sunday. When any such holidays, except
22Juneteenth National Freedom Day, fall on Sunday, the Monday
23next following shall be held and considered such holiday. All
24notes, bills, drafts, checks or other evidence of
25indebtedness, falling due or maturing on either of such days,
26shall be deemed as due or maturing upon the day following, and



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1when 2 or more of these days come together, or immediately
2succeeding each other, then such instruments, paper or
3indebtedness shall be deemed as due or having matured on the
4day following the last of such days.
5    (e) Any act authorized, required or permitted to be
6performed at or by or with respect to any bank doing business
7within the State on a day which it has selected to remain
8closed under this Section may be so performed on the next
9succeeding business day and no liability or loss of rights of
10any kind shall result from such delay.
11    (f) Nothing in this Act shall in any manner affect the
12validity of, or render void or voidable, the payment,
13certification, or acceptance of a check or other negotiable
14instrument, or any other transaction by a bank in this State,
15because done or performed on any Saturday, Sunday, holiday, or
16any day selected by a bank to remain closed, or during any time
17other than regular banking hours; but no bank in this State,
18which by law or custom is entitled to remain open or to close
19for the whole or any part of any day selected by it to remain
20open or to close, is compelled to close, or to remain open for
21the transaction of business or to perform any of the acts or
22transactions aforesaid except at its own option.
23(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)