HB2484 94TH GENERAL ASSEMBLY

LRB094 09996 JAM 40254 b

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:

5 ILCS 490/115 new
10 ILCS 5/1-6
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

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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning State holidays.

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

Section 5. The State Commemorative Dates Act is amended by adding Section 115 as follows:

(5 ILCS 490/115 new)

Sec. 115. General Election Day.

(a) The date established by the Election Code as the date of the general election is a legal holiday to be known as General Election Day. No officer or employee of the State, a unit of local government including a home rule unit, or a school district may be required to work on General Election Day, except those persons necessary for (i) the conduct of the general election, (ii) law enforcement, (iii) fire protection, and (iv) public health and safety. The courts of this State shall designate General Election Day as a court holiday.

(b) A home rule unit may not require its officers and employees to work on General Election Day other than as provided in this Section. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 10. The Election Code is amended by changing Sections 1-6 and 17-25 as follows:

(10 ILCS 5/1-6)

Sec. 1-6. Computing dates of various acts; Saturday, Sunday, and holidays.

(a) If the first or last day fixed by law to do any act required or allowed by this Code falls on a State holiday or a Saturday or a Sunday, the period shall extend through the first business day next following the day otherwise fixed as the first or last day, irrespective of whether any election authority or local election official conducts business on the State holiday, Saturday, or Sunday.

(b) For the purposes of this Section, "State holiday" means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, President's Day, Casimir Pulaski's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any other day from time to time declared by the President of the United States or the Governor of Illinois to be a day during which the agencies of the State of Illinois that are ordinarily open to do business with the public shall be closed for business. In this Section, however, "State holiday" does not include General Election Day.

(c) Notwithstanding any other provision of this Code, nominating papers, petitions of objection to nominating papers, certificates of withdrawal of candidacy, and reports of political committees actually received by election authorities and local election officials on a State holiday, a Saturday, or a Sunday shall not be deemed invalid or defective for that reason alone.

(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)

(10 ILCS 5/17-25) (from Ch. 46, par. 17-25)

Sec. 17-25. General Election Day holiday. As provided in the State Commemorative Dates Act, General Election Day The days upon which the general elections for members of the House of Representatives of this State shall hereafter be held shall be a holiday holidays, and shall for all purposes whatever as regards the presenting for payment or acceptance and of protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes and as regards days of grace upon commercial paper, be treated and considered as is the first day of the week, commonly called Sunday; provided, that no other election day shall be treated and considered as a holiday.

(Source: Laws 1943, vol. 2, p. 253.)

Section 15. The Civil Administrative Code of Illinois is amended by changing Section 5-635 as follows:

(20 ILCS 5/5-635) (was 20 ILCS 5/18)

Sec. 5-635. Department office hours. Each department shall be open for the transaction of public business at least from 8:30 in the morning until 5:00 in the evening of each day except Saturdays, Sundays, General Election Day as provided in the State Commemorative Dates Act, and days that may hereafter be declared by the Governor to be holidays for State employees.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 20. The Office of Banks and Real Estate Act is amended by changing Section 3 as follows:

(20 ILCS 3205/3) (from Ch. 17, par. 453)

Sec. 3. Business hours. The Office of Banks and Real Estate shall be open for transaction of public business from 8:30 a.m. to 5:00 p.m. or at such other hours as the Governor may prescribe from time to time by executive order, on each day except Saturdays, Sundays, General Election Day as provided in the State Commemorative Dates Act, and days declared by the Governor to be holidays for State employees.

(Source: P.A. 89-508, eff. 7-3-96.)

Section 25. The Counties Code is amended by changing Section 3-2007 as follows:

(55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)

Sec. 3-2007. Office quarters and hours; violation. The county clerk shall keep his office at the court house of his county, or at such other place as may be provided for him by the authorities of such county seat and shall keep his office open and attend to the duties thereof:

(a) In counties of 500,000 or more population from 9 a. m. to 5 p. m. of each working day except Saturday afternoons and legal holidays, subject to Section 115 of the State Commemorative Dates Act, but the clerk may open the office at 8 a. m. on each working day:

(b) In counties of less than 500,000 population from 8 a. m. to 5 p. m. of each working day except Saturdays and legal holidays, subject to Section 115 of the State Commemorative Dates Act, but in such counties the office shall remain open until noon the Saturday before general, primary or special election days.

Provided, that the days on which such office shall be open and the hours of opening and closing of the office of the county clerk may be changed and otherwise fixed and determined by the county board of any county. Any such action taken by the county board shall be by an appropriate resolution passed at a regular meeting.

Notwithstanding any other provision of this Section, when any election is held and the results of such election are required by law to be returned to the county clerk, the office of the county clerk shall remain open for the purpose of receiving such results from the time of opening of the polls until the returns from each precinct have been received.

Any county clerk who fails to keep his office open for the purpose of receiving election returns as required by this Section commits a business offense, and shall be fined not less than $500 nor more than $5,000.

(Source: P.A. 86-962.)

Section 30. The School Code is amended by changing Section 24-2 as follows:

(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)

Sec. 24-2. Holidays. Teachers shall not be required to teach on Saturdays; nor shall teachers or other school employees, other than noncertified school employees whose presence is necessary because of an emergency or for the continued operation and maintenance of school facilities or property, be required to work on legal school holidays, which are January 1, New Year's Day; the third Monday in January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the Birthday of President Abraham Lincoln; the first Monday in March (to be known as Casimir Pulaski's birthday); Good Friday; the day designated as Memorial Day by federal law; July 4, Independence Day; the first Monday in September, Labor Day; the second Monday in October, Columbus Day; the date established by the Election Code as the date of the general election, General Election Day; November 11, Veteran's Day; the Thursday in November commonly called Thanksgiving Day; and December 25, Christmas Day. School boards may grant special holidays whenever in their judgment such action is advisable, except that no school board or board of education may designate or observe as a special holiday on which teachers or other school employees are not required to work the days on which general elections for members of the Illinois House of Representatives are held. No deduction shall be made from the time or compensation of a school employee on account of any legal or special holiday.

Commemorative holidays, which recognize specified patriotic, civic, cultural or historical persons, activities, or events, are regular school days. Commemorative holidays are: January 28 (to be known as Christa McAuliffe Day and observed as a commemoration of space exploration), February 15 (the 37th day of Susan B. Anthony), March 29 (Vietnam War Veterans Day), September 11 (September 11th Day of Remembrance), the school day immediately preceding Veteran's Day (Korean War Veterans Day), October 1 (Recycling Day), December 7 (Pearl Harbor Veterans Day) and any day so appointed by the President or Governor. School boards may establish commemorative holidays whenever in their judgment such action is advisable. School boards shall include instruction relative to commemorated persons, activities, or events on the commemorative holiday or at any other time during the school year and at any point in the curriculum when such instruction may be deemed appropriate. The State Board of Education shall prepare and make available to school boards instructional materials relative to commemorated persons, activities, or events which may be used by school boards in conjunction with any instruction provided pursuant to this paragraph.

City of Chicago School District 299 shall observe March 4 of each year as a commemorative holiday. This holiday shall be known as Mayors' Day which shall be a day to commemorate and be reminded of the past Chief Executive Officers of the City of Chicago, and in particular the late Mayor Richard J. Daley and the late Mayor Harold Washington. If March 4 falls on a Saturday or Sunday, Mayors' Day shall be observed on the following Monday.

(Source: P.A. 92-704, eff. 7-19-02.)

Section 35. The State Universities Civil Service Act is amended by changing Section 45a as follows:

(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)

Sec. 45a. Except as provided in the second sentence of this Section, all officers and employees subject to this Act, shall have the following days as holidays, for which they shall receive their usual compensation: New Year's Day, January 1, Memorial Day, as determined by the law of the State of Illinois, Independence Day, July 4, Labor Day, the first Monday in September, General Election Day as provided in the State Commemorative Dates Act, Thanksgiving Day, the fourth Thursday of November, Christmas Day, December 25, and five holidays to be designated by each college, university, agency and community college subject to this Act. Craft and trade employees subject to this Act shall be paid for all paid holidays included in their area agreement, and will be paid for all five holidays designated by their employer pursuant to this section.

(Source: P.A. 79-1186.)

Section 40. The Promissory Note and Bank Holiday Act is amended by changing Section 17 as follows:

(205 ILCS 630/17) (from Ch. 17, par. 2201)

Sec. 17. Holidays.

(a) The following days shall be legal holidays in the State of Illinois upon which day a bank may, but is not required to, remain closed:

the first day of January (New Year's Day);

the third Monday in January (observance of Martin Luther King, Jr.'s birthday);

the twelfth day in February (Abraham Lincoln's birthday);

the third Monday in February (Presidents Day);

the first Monday in March (observance of Casimir Pulaski's birthday);

the Friday preceding Easter Sunday (Good Friday);

the last Monday of May (Memorial Day);

the fourth day of July (Independence Day);

the first Monday in September (Labor Day);

the second Monday in October (Columbus Day);

the date established by the Election Code as the date of the general election (General Election Day);

the eleventh day of November (Veterans' Day);

the fourth Thursday in November (Thanksgiving Day);

the twenty-fifth day in December (Christmas Day);

the days upon which the general elections for members of the House of Representatives are held, and any day proclaimed by the Governor of this State as a legal holiday. From 12 o'clock noon to 12 o'clock midnight of each Saturday shall be considered a half holiday. In addition to such holidays and half-holidays, a bank may select one day of the week to remain closed, as provided in subsection (b) of this Section.

(b) Any bank doing business within this State may select any one day of the week to remain closed on a regular basis upon adoption of a resolution by the board of directors of such bank designating the day selected and upon filing and publishing a copy of such resolution as hereinafter required. Any such resolution shall be deemed effective for the purpose of this Section only when a copy thereof, certified by an officer having charge of the records of such bank, is filed with the Recorder of the county in which such bank is located and published once each week for 3 successive weeks in a newspaper of general circulation in such county. Such publication shall be accomplished by, and at the expense of, the bank, and the bank shall submit to the Commissioner of Banks and Real Estate such evidence of the publication as the Commissioner shall deem appropriate. Any such selection shall remain in full force and effect until a copy of the later resolution of the board of directors of such bank, certified in like manner, terminating or altering any such prior selection shall be filed and published in the same manner as such prior resolution.

(c) If an occasion arises when a state bank wishes to remain closed on a particular day, other than a day on which the bank has selected to remain closed on a regular basis as provided in this Section, such state bank may remain closed on such an occasion after first sending to the Commissioner a copy of a resolution adopted by the board of directors authorizing the bank to remain closed on such occasion and notice of the intent to remain closed on such occasion shall be conspicuously posted in the lobby of the main banking office and any branches of such bank for at least 3 weeks in advance of such occasion. Any day which any bank doing business within the State shall select to remain closed pursuant to this Section shall, with respect to such bank, be treated and considered as a Sunday.

(d) All legal holidays, the half holidays and any day selected by a bank doing business within the State to remain closed, shall, for all purposes whatsoever, as regards the presenting for payment or acceptance, the maturity and protesting and giving of notice of the dishonor of bills of exchange, bank checks and promissory notes and other negotiable or commercial paper or instrument, be treated and considered as a Sunday. When any such holidays fall on Sunday, the Monday next following shall be held and considered such holiday. All notes, bills, drafts, checks or other evidence of indebtedness, falling due or maturing on either of such days, shall be deemed as due or maturing upon the day following, and when 2 or more of these days come together, or immediately succeeding each other, then such instruments, paper or indebtedness shall be deemed as due or having matured on the day following the last of such days.

(e) Any act authorized, required or permitted to be performed at or by or with respect to any bank doing business within the State on a day which it has selected to remain closed under this Section may be so performed on the next succeeding business day and no liability or loss of rights of any kind shall result from such delay.

(f) Nothing in this Act shall in any manner affect the validity of, or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument, or any other transaction by a bank in this State, because done or performed on any Saturday, Sunday, holiday, or any day selected by a bank to remain closed, or during any time other than regular banking hours; but no bank in this State, which by law or custom is entitled to remain open or to close for the whole or any part of any day selected by it to remain open or to close, is compelled to close, or to remain open for the transaction of business or to perform any of the acts or transactions aforesaid except at its own option.

(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, eff. 7-1-97.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.