Full Text of HB4654 99th General Assembly
HB4654 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4654 Introduced , by Rep. André M. Thapedi - Thaddeus Jones - Rita Mayfield - Arthur Turner SYNOPSIS AS INTRODUCED: |
| 5 ILCS 490/61 new | | 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 |
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Amends the State Commemorative Dates Act. Designates President Barack Obama's date of birth, August 4, as a legal holiday on which to hold appropriate exercises in commemoration of him. Includes that when the day falls on a Sunday, the following Monday shall be held and considered the holiday. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to include Barack Obama's birthday as a holiday. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Commemorative Dates Act is amended by | 5 | | adding Section 61 as follows: | 6 | | (5 ILCS 490/61 new) | 7 | | Sec. 61. Barack Obama's Birthday. The fourth day of August | 8 | | of each year shall be a legal holiday to be known as Barack | 9 | | Obama's Birthday to be observed as a day on which to hold | 10 | | appropriate exercises in commemoration of our illustrious | 11 | | President. When August fourth shall fall on a Sunday, the | 12 | | following Monday shall be held and considered the holiday. | 13 | | Section 10. The Election Code is amended by changing | 14 | | Section 1-6 as follows:
| 15 | | (10 ILCS 5/1-6)
| 16 | | Sec. 1-6. Computing dates of various acts; Saturday, | 17 | | Sunday, and holidays.
| 18 | | (a) If the first or last day fixed by law to do any act | 19 | | required or
allowed by this Code falls on a State holiday or a | 20 | | Saturday or a Sunday, the
period shall extend through the first | 21 | | business day next
following the day
otherwise fixed as the |
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| 1 | | first or last day,
irrespective of whether any election | 2 | | authority or local election official
conducts business on the | 3 | | State holiday, Saturday, or Sunday.
| 4 | | (b) For the purposes of this Section, "State holiday" means | 5 | | New Year's
Day, Dr. Martin Luther King, Jr.'s Birthday, | 6 | | Lincoln's Birthday, President's
Day, Casimir Pulaski's | 7 | | Birthday, Good Friday, Memorial Day, Independence Day, Barack | 8 | | Obama's Birthday,
Labor Day, Columbus Day, Veterans' Day, | 9 | | Thanksgiving Day, Christmas Day, and
any other day from time to | 10 | | time declared by the President of the United States
or the | 11 | | Governor of Illinois to be a day during which the agencies of | 12 | | the State
of Illinois that are ordinarily open to do business | 13 | | with the public shall be
closed for business.
| 14 | | (c) Notwithstanding any other provision of this Code, | 15 | | nominating
papers, petitions of objection to nominating | 16 | | papers, certificates of withdrawal
of candidacy, and reports of | 17 | | political committees actually received by election
authorities | 18 | | and local election officials on a State holiday, a Saturday, or | 19 | | a
Sunday shall not be deemed invalid or defective for that | 20 | | reason alone.
| 21 | | (Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
| 22 | | Section 15. The Illinois Procurement Code is amended by | 23 | | changing Section 15-45 as follows: | 24 | | (30 ILCS 500/15-45) |
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| 1 | | Sec. 15-45. Computation of days. The time within which any | 2 | | act provided in this Code is to be done shall be computed by | 3 | | excluding the first day and including the last, unless the last | 4 | | day is Saturday or Sunday or is a holiday, and then it shall | 5 | | also be excluded. If the day succeeding a Saturday, Sunday, or | 6 | | holiday is also a holiday, a Saturday, or a Sunday, then that | 7 | | succeeding day shall also be excluded. For the purposes of this | 8 | | Code, "holiday" means: New Year's Day; Dr. Martin Luther King, | 9 | | Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial | 10 | | Day; Independence Day; Barack Obama's Birthday; Labor Day; | 11 | | Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day; | 12 | | and any other day from time to time declared by the President | 13 | | of the United States or the Governor of Illinois to be a day | 14 | | during which the agencies of the State of Illinois that are | 15 | | ordinarily open to do business with the public shall be closed | 16 | | for business.
| 17 | | (Source: P.A. 98-1076, eff. 1-1-15 .) | 18 | | Section 20. The School Code is amended by changing Section | 19 | | 24-2 as follows:
| 20 | | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| 21 | | Sec. 24-2. Holidays. | 22 | | (a) Teachers shall not be required
to teach on Saturdays, | 23 | | nor, except as provided in subsection (b) of this Section, | 24 | | shall teachers or other school
employees, other than |
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| 1 | | noncertificated school employees whose presence is
necessary | 2 | | because of an emergency or for the continued operation and
| 3 | | maintenance of school facilities or property, be
required to | 4 | | work on legal school
holidays, which are January 1, New Year's | 5 | | Day; the third Monday in
January, the Birthday of Dr. Martin | 6 | | Luther King, Jr.; February 12, the
Birthday of President | 7 | | Abraham Lincoln; the
first Monday in March (to be known as | 8 | | Casimir Pulaski's birthday); Good
Friday; the day designated as | 9 | | Memorial Day by federal law; July 4,
Independence Day; August | 10 | | 4, the Birthday of President Barack Obama; the first Monday in | 11 | | September, Labor Day; the second Monday
in October, Columbus | 12 | | Day; November 11, Veterans' Day; the Thursday in
November | 13 | | commonly called Thanksgiving Day; and December 25, Christmas | 14 | | Day.
School boards may grant special holidays whenever in their | 15 | | judgment such
action is advisable. No deduction shall
be made | 16 | | from the time or
compensation of a school employee on account | 17 | | of any legal
or special holiday.
| 18 | | (b) A school board or other entity eligible to apply for | 19 | | waivers and modifications under Section 2-3.25g of this Code is | 20 | | authorized to hold school or schedule teachers' institutes, | 21 | | parent-teacher conferences, or staff development on the third | 22 | | Monday in January (the Birthday of Dr. Martin Luther King, | 23 | | Jr.); February 12 (the Birthday of President Abraham Lincoln); | 24 | | the first Monday in March (known as Casimir Pulaski's | 25 | | birthday); the second Monday in October (Columbus Day); and | 26 | | November 11 (Veterans' Day), provided that: |
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| 1 | | (1) the person or persons honored by the holiday are | 2 | | recognized through instructional activities conducted on | 3 | | that day or, if the day is not used for student attendance, | 4 | | on the first school day preceding or following that day; | 5 | | and | 6 | | (2) the entity that chooses to exercise this authority | 7 | | first holds a public hearing about the proposal. The entity | 8 | | shall provide notice preceding the public hearing to both | 9 | | educators and parents. The notice shall set forth the time, | 10 | | date, and place of the hearing, describe the proposal, and | 11 | | indicate that the entity will take testimony from educators | 12 | | and parents about the proposal.
| 13 | | (c) Commemorative holidays, which recognize specified | 14 | | patriotic, civic,
cultural or historical persons, activities, | 15 | | or events, are regular school
days. Commemorative
holidays are: | 16 | | January 28 (to be known as Christa McAuliffe Day and
observed | 17 | | as a commemoration of space exploration), February 15 (the
| 18 | | birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' | 19 | | Day),
September 11 (September 11th Day of Remembrance), the | 20 | | school day
immediately preceding Veterans' Day (Korean War | 21 | | Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and | 22 | | Afghanistan Veterans Remembrance Day), December 7 (Pearl | 23 | | Harbor Veterans' Day), and
any day so appointed by the | 24 | | President or
Governor. School boards may establish | 25 | | commemorative holidays whenever in
their judgment such action | 26 | | is advisable.
School boards shall include instruction relative |
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| 1 | | to commemorated persons,
activities, or
events on the | 2 | | commemorative holiday or at any other time during the school
| 3 | | year and at any point in the curriculum when such instruction | 4 | | may be deemed
appropriate. The State Board of Education shall | 5 | | prepare and make available
to school boards instructional | 6 | | materials relative to commemorated persons,
activities,
or | 7 | | events which may be used by school boards in conjunction with | 8 | | any
instruction provided pursuant to this paragraph.
| 9 | | (d) City of Chicago School District 299 shall observe March | 10 | | 4 of each year as
a commemorative holiday. This holiday shall | 11 | | be known as Mayors' Day which
shall be a day to commemorate and | 12 | | be reminded of the past Chief Executive
Officers of the City of | 13 | | Chicago, and in particular the late Mayor Richard
J. Daley and | 14 | | the late Mayor Harold Washington. If March 4 falls on a
| 15 | | Saturday or Sunday, Mayors' Day shall be observed on the | 16 | | following Monday.
| 17 | | (Source: P.A. 98-156, eff. 8-2-13.)
| 18 | | Section 25. The Promissory Note and Bank Holiday Act is | 19 | | amended by changing Section 17 as follows:
| 20 | | (205 ILCS 630/17) (from Ch. 17, par. 2201)
| 21 | | Sec. 17. Holidays.
| 22 | | (a) The following days shall be legal holidays in the State | 23 | | of
Illinois upon which day a bank may, but is not required to, | 24 | | remain closed:
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| 1 | | the first day of January (New Year's Day);
| 2 | | the third Monday in January (observance of Martin Luther | 3 | | King, Jr.'s
birthday);
| 4 | | the twelfth day in February (Abraham Lincoln's birthday);
| 5 | | the third Monday in February (Presidents Day);
| 6 | | the first Monday in March (observance of Casimir Pulaski's | 7 | | birthday);
| 8 | | the Friday preceding Easter Sunday (Good Friday);
| 9 | | the last Monday of May (Memorial Day);
| 10 | | the fourth day of July (Independence Day);
| 11 | | the fourth day of August (Barack Obama's birthday); | 12 | | the first Monday in September (Labor Day);
| 13 | | the second Monday in October (Columbus Day);
| 14 | | the eleventh day of November (Veterans' Day);
| 15 | | the fourth Thursday in November (Thanksgiving Day);
| 16 | | the twenty-fifth day in December (Christmas Day);
| 17 | | the days upon which the general elections for members of | 18 | | the House of
Representatives are held, and any day proclaimed | 19 | | by the Governor of this
State as a legal holiday. From 12 | 20 | | o'clock noon to 12 o'clock midnight of
each Saturday shall be | 21 | | considered a half holiday. In addition to such
holidays and | 22 | | half-holidays, a bank may select one day of the week to remain
| 23 | | closed, as provided in subsection (b) of this Section.
| 24 | | (b) Any bank doing business within this State may select | 25 | | any one day of
the week to remain closed on a regular basis | 26 | | upon adoption of a resolution
by the board of directors of such |
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| 1 | | bank designating the day selected and
upon filing and | 2 | | publishing a copy of such resolution as hereinafter
required. | 3 | | Any such resolution shall be deemed effective for the purpose | 4 | | of
this Section only when a copy thereof, certified by an | 5 | | officer having charge
of the records of such bank, is filed | 6 | | with the Recorder of the county in
which such bank is located | 7 | | and published once each week for 3 successive
weeks in a | 8 | | newspaper of general circulation in such county. Such
| 9 | | publication shall be accomplished by, and at the expense of, | 10 | | the bank, and
the bank shall submit to the Commissioner of | 11 | | Banks and Real Estate such evidence of the publication as the | 12 | | Commissioner shall deem
appropriate. Any such selection shall | 13 | | remain in full force and effect until a
copy of the later | 14 | | resolution of the board of directors of such bank, certified
in | 15 | | like manner, terminating or altering any such prior selection | 16 | | shall be filed
and published in the same manner as such prior | 17 | | resolution.
| 18 | | (c) If an occasion arises when a state bank wishes to | 19 | | remain closed on a
particular day, other than a day on which | 20 | | the bank has selected to remain
closed on a regular basis as | 21 | | provided in this Section, such state bank may
remain closed on | 22 | | such an occasion after first sending to the Commissioner a
copy | 23 | | of a resolution adopted by the board of directors authorizing | 24 | | the bank
to remain closed on such occasion and notice of the | 25 | | intent to remain closed
on such occasion shall be conspicuously | 26 | | posted in the lobby of the main
banking office and any branches |
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| 1 | | of such bank for at least 3 weeks in
advance of such occasion. | 2 | | Any day which any bank doing business within the
State shall | 3 | | select to remain closed pursuant to this Section shall, with
| 4 | | respect to such bank, be treated and considered as a Sunday.
| 5 | | (d) All legal holidays, the half holidays and
any day | 6 | | selected by a bank doing business within the State to remain
| 7 | | closed, shall, for all purposes whatsoever, as
regards the | 8 | | presenting for payment or acceptance, the maturity and
| 9 | | protesting and giving of notice of the dishonor of bills of | 10 | | exchange, bank
checks and promissory notes and other negotiable | 11 | | or commercial paper or
instrument, be treated and considered as | 12 | | a Sunday. When any such holidays
fall on Sunday, the Monday
| 13 | | next following shall be held and considered such holiday. All | 14 | | notes, bills,
drafts, checks or other evidence of indebtedness, | 15 | | falling due or maturing
on either of such days, shall be deemed | 16 | | as due or maturing upon the day
following, and when 2 or more | 17 | | of these days come together, or immediately
succeeding each | 18 | | other, then such instruments, paper or indebtedness shall
be | 19 | | deemed as due or having matured on the day following the last | 20 | | of such
days.
| 21 | | (e) Any act authorized, required or permitted to be | 22 | | performed at or by or
with respect to any bank doing business | 23 | | within the State on a day which it
has selected to remain | 24 | | closed under this Section may be so performed on the
next | 25 | | succeeding business day and no liability or loss of rights of | 26 | | any kind
shall result from such delay.
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| 1 | | (f) Nothing in this Act shall in any manner affect the | 2 | | validity of, or
render void or voidable, the payment, | 3 | | certification, or acceptance of a
check or other negotiable | 4 | | instrument, or any other transaction by a bank in
this State, | 5 | | because done or performed on any Saturday, Sunday, holiday, or
| 6 | | any day selected by a bank to remain closed, or during any time | 7 | | other than
regular banking hours; but no bank in this State, | 8 | | which by law or custom is
entitled to remain open or to close | 9 | | for the whole or any part of any day
selected by it to remain | 10 | | open or to close, is compelled to close, or to
remain open for | 11 | | the transaction of business or to perform any of the acts
or | 12 | | transactions aforesaid except at its own option.
| 13 | | (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, | 14 | | eff.
7-1-97.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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