102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0176

 

Introduced 1/22/2021, by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 490/203 new
105 ILCS 5/24-2  from Ch. 122, par. 24-2

    Amends the State Commemorative Dates Act. Provides that the name of each federal holiday and State holiday designated on a unit of local government's calendar must match the name of the federal holiday and State holiday as designated by the State. Defines "federal holiday" and "State holiday". Limits home rule powers. Amends the School Code. In a provision concerning legal holidays, requires the name of each federal and State holiday as specified in that provision to be the name of the holiday that is designated on a school district's calendar for the school term. Effective immediately.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0176LRB102 04073 RJF 14089 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
5adding Section 203 as follows:
 
6    (5 ILCS 490/203 new)
7    Sec. 203. State holidays on calendars of units of local
8government.
9    (a) The name of each federal holiday and State holiday
10designated on a unit of local government's calendar must match
11the name of the federal holiday and State holiday as
12designated by the State.
13    (b) The regulation of the names of federal holidays and
14State holidays as used by units of local government is an
15exclusive power and function of the State. A home rule unit may
16not regulate the names of federal holidays and State holidays
17as used by the unit of local government. This Section is a
18denial and limitation of home rule powers and functions under
19subsection (h) of Section 6 of Article VII of the Illinois
20Constitution.
21    (c) For the purposes of this Section:
22    "Federal holiday" means New Year's Day, January 1; the
23Birthday of Martin Luther King, Jr., the third Monday in

 

 

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1January; President's Day, the third Monday in February;
2Memorial Day, the last Monday in May; Independence Day, July
34; Labor Day, the first Monday in September; Columbus Day, the
4second Monday in October; Veterans' Day, November 11;
5Thanksgiving Day, the fourth Thursday in November; Christmas
6Day, December 25; and any other day from time to time declared
7by the President of the United States to be a day during which
8the agencies of the State of Illinois that are ordinarily open
9to do business with the public shall be closed for business.
10    "State holiday" means the Birthday of President Abraham
11Lincoln, February 12; the first Monday in March (to be known as
12Casimir Pulaski's birthday); Good Friday; and any other day
13from time to time declared by the Governor of Illinois to be a
14day during which the agencies of the State of Illinois that are
15ordinarily open to do business with the public shall be closed
16for business.
 
17    Section 10. The School Code is amended by changing Section
1824-2 as follows:
 
19    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
20    Sec. 24-2. Holidays.
21    (a) Teachers shall not be required to teach on Saturdays,
22nor, except as provided in subsection (b) of this Section,
23shall teachers or other school employees, other than
24noncertificated school employees whose presence is necessary

 

 

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1because of an emergency or for the continued operation and
2maintenance of school facilities or property, be required to
3work on legal federal or State holidays school holidays, which
4are January 1, New Year's Day; the third Monday in January, the
5Birthday of Dr. Martin Luther King, Jr.; February 12, the
6Birthday of President Abraham Lincoln; the first Monday in
7March (to be known as Casimir Pulaski's birthday); Good
8Friday; the day designated as Memorial Day by federal law;
9July 4, Independence Day; the first Monday in September, Labor
10Day; the second Monday in October, Columbus Day; November 11,
11Veterans' Day; the Thursday in November commonly called
12Thanksgiving Day; and December 25, Christmas Day. The name of
13each federal and State holiday as specified in this subsection
14(a) must be the name of the holiday that is designated on a
15school district's calendar for the school term. Under no
16circumstance shall a school district either change the name of
17or celebrate such holiday under a name other than as
18designated by the State. School boards may grant special
19holidays whenever in their judgment such action is advisable.
20No deduction shall be made from the time or compensation of a
21school employee on account of any legal or special holiday.
22    (b) A school board or other entity eligible to apply for
23waivers and modifications under Section 2-3.25g of this Code
24is authorized to hold school or schedule teachers' institutes,
25parent-teacher conferences, or staff development on the third
26Monday in January (the Birthday of Dr. Martin Luther King,

 

 

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1Jr.); February 12 (the Birthday of President Abraham Lincoln);
2the first Monday in March (known as Casimir Pulaski's
3birthday); the second Monday in October (Columbus Day); and
4November 11 (Veterans' Day), provided that:
5        (1) the person or persons honored by the holiday are
6    recognized through instructional activities conducted on
7    that day or, if the day is not used for student attendance,
8    on the first school day preceding or following that day;
9    and
10        (2) the entity that chooses to exercise this authority
11    first holds a public hearing about the proposal. The
12    entity shall provide notice preceding the public hearing
13    to both educators and parents. The notice shall set forth
14    the time, date, and place of the hearing, describe the
15    proposal, and indicate that the entity will take testimony
16    from educators and parents about the proposal.
17    (c) Commemorative holidays, which recognize specified
18patriotic, civic, cultural or historical persons, activities,
19or events, are regular school days. Commemorative holidays
20are: January 28 (to be known as Christa McAuliffe Day and
21observed as a commemoration of space exploration), February 15
22(the birthday of Susan B. Anthony), March 29 (Viet Nam War
23Veterans' Day), September 11 (September 11th Day of
24Remembrance), the school day immediately preceding Veterans'
25Day (Korean War Veterans' Day), October 1 (Recycling Day),
26October 7 (Iraq and Afghanistan Veterans Remembrance Day),

 

 

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1December 7 (Pearl Harbor Veterans' Day), and any day so
2appointed by the President or Governor. School boards may
3establish commemorative holidays whenever in their judgment
4such action is advisable. School boards shall include
5instruction relative to commemorated persons, activities, or
6events on the commemorative holiday or at any other time
7during the school year and at any point in the curriculum when
8such instruction may be deemed appropriate. The State Board of
9Education shall prepare and make available to school boards
10instructional materials relative to commemorated persons,
11activities, or events which may be used by school boards in
12conjunction with any instruction provided pursuant to this
13paragraph.
14    (d) City of Chicago School District 299 shall observe
15March 4 of each year as a commemorative holiday. This holiday
16shall be known as Mayors' Day which shall be a day to
17commemorate and be reminded of the past Chief Executive
18Officers of the City of Chicago, and in particular the late
19Mayor Richard J. Daley and the late Mayor Harold Washington.
20If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
21observed on the following Monday.
22    (e) Notwithstanding any other provision of State law to
23the contrary, November 3, 2020 shall be a State holiday known
24as 2020 General Election Day and shall be observed throughout
25the State pursuant to this amendatory Act of the 101st General
26Assembly. All government offices, with the exception of

 

 

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1election authorities, shall be closed unless authorized to be
2used as a location for election day services or as a polling
3place.
4(Source: P.A. 101-642, eff. 6-16-20.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.