HB4188 102ND GENERAL ASSEMBLY

LRB102 20706 RJF 29584 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4188

Introduced 10/20/2021, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

5 ILCS 490/63
110 ILCS 70/45a	from Ch. 24 1/2, par. 38l.1
205 ILCS 630/17	from Ch. 17, par. 2201

Amends the State Commemorative Dates Act. Provides that when Juneteenth National Freedom Day (June 19) shall fall on a Saturday or Sunday, the following Monday shall be held and considered the holiday. Amends the State Universities Civil Service Act. Provides that all officers and employees subject to the Act shall have Juneteenth National Freedom Day (June 19) as a holiday. Makes conforming changes.

A BILL FOR

AN ACT concerning Government.

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 changing Section 63 as follows:

(5 ILCS 490/63)

(Text of Section from P.A. 102-14)

Sec. 63. Juneteenth National Freedom Day. The nineteenth day of June of each year is a holiday to be observed throughout the State and to be known as Juneteenth National Freedom Day to commemorate the abolition of slavery throughout the United States and its territories in 1865. Juneteenth National Freedom Day may be observed with suitable observances and exercises by civic groups and the public, and citizens of the State are urged to reflect on the suffering endured by early African-Americans and to celebrate the unique freedom and equality enjoyed by all State citizens today. When June nineteenth shall fall on a Saturday or Sunday, the following Monday shall be held and considered the holiday Notwithstanding any provision of law to the contrary, when June nineteenth shall fall on a Saturday or Sunday, neither the preceding Friday nor the following Monday shall be held or considered as a paid holiday.

(Source: P.A. 102-14, eff. 1-1-22.)

(Text of Section from P.A. 102-334)

Sec. 63. Juneteenth National Freedom Day. The nineteenth day of June of each year is a holiday to be observed throughout the State and to be known as Juneteenth National Freedom Day to commemorate the abolition of slavery throughout the United States and its territories in 1865. Juneteenth National Freedom Day may be observed with suitable observances and exercises by civic groups and the public, and citizens of the State are urged to reflect on the suffering endured by early African-Americans and to celebrate the unique freedom and equality enjoyed by all State citizens today. When June nineteenth shall fall on a Saturday or Sunday, the following Monday shall be held and considered the holiday.

(Source: P.A. 102-334, eff. 8-9-21.)

Section 10. 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, Juneteenth National Freedom Day, June 19, Independence Day, July 4, Labor Day, the first Monday in September, 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.

Notwithstanding any other provision of State law to the contrary, November 3, 2020 shall be a State holiday known as 2020 General Election Day and shall be observed throughout the State pursuant to this amendatory Act of the 101st General Assembly. All government offices, with the exception of election authorities, shall be closed unless authorized to be used as a location for election day services or as a polling place.

Notwithstanding any other provision of State law to the contrary, November 8, 2022 shall be a State holiday known as 2022 General Election Day and shall be observed throughout the State under this amendatory Act of the 102nd General Assembly.

(Source: P.A. 101-642, eff. 6-16-20; 102-15, eff. 6-17-21.)

Section 15. 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 nineteenth day of June (Juneteenth National Freedom Day);

the fourth day of July (Independence Day);

the first Monday in September (Labor Day);

the second Monday in October (Columbus 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, except Juneteenth National Freedom Day, 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. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)