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1 | AN ACT concerning State holidays.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Commemorative Dates Act is amended by | ||||||||||||||||||||||||||||||||||||||||||
5 | adding Section
116 as follows:
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6 | (5 ILCS 490/116 new)
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7 | Sec. 116. General Election Day. | ||||||||||||||||||||||||||||||||||||||||||
8 | (a) The date established by the Election
Code as the
date | ||||||||||||||||||||||||||||||||||||||||||
9 | of the general election is a legal holiday to be known as | ||||||||||||||||||||||||||||||||||||||||||
10 | General
Election Day.
No officer or employee of the State, a | ||||||||||||||||||||||||||||||||||||||||||
11 | unit of local government
including a home rule
unit, or a
| ||||||||||||||||||||||||||||||||||||||||||
12 | school district may be required to work on General Election | ||||||||||||||||||||||||||||||||||||||||||
13 | Day, except
those
persons
necessary for (i) the conduct of the | ||||||||||||||||||||||||||||||||||||||||||
14 | general election, (ii) law enforcement,
(iii) fire
protection, | ||||||||||||||||||||||||||||||||||||||||||
15 | and (iv) public health and safety.
The courts of this State | ||||||||||||||||||||||||||||||||||||||||||
16 | shall designate General Election Day
as a court
holiday.
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17 | (b) A home rule unit may not require its officers and
| ||||||||||||||||||||||||||||||||||||||||||
18 | employees to work
on General
Election Day other than as | ||||||||||||||||||||||||||||||||||||||||||
19 | provided in this Section. This Section is a denial
and | ||||||||||||||||||||||||||||||||||||||||||
20 | limitation of home rule powers and functions
under
subsection | ||||||||||||||||||||||||||||||||||||||||||
21 | (h) of Section 6 of Article VII of the Illinois Constitution.
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22 | Section 10. The Election Code is amended by changing
|
| |||||||
| |||||||
1 | Sections 1-6 and 17-25 as follows:
| ||||||
2 | (10 ILCS 5/1-6)
| ||||||
3 | Sec. 1-6. Computing dates of various acts; Saturday, | ||||||
4 | Sunday, and holidays.
| ||||||
5 | (a) If the first or last day fixed by law to do any act | ||||||
6 | required or
allowed by this Code
falls on a State holiday or a | ||||||
7 | Saturday or a Sunday, the
period shall extend through the first | ||||||
8 | business day next
following the day
otherwise fixed as the | ||||||
9 | first or last day,
irrespective of whether any election | ||||||
10 | authority or local election official
conducts business on the | ||||||
11 | State holiday, Saturday, or Sunday.
| ||||||
12 | (b) For the purposes of this Section, "State holiday" means | ||||||
13 | New Year's
Day, Dr. Martin Luther King, Jr.'s Birthday, | ||||||
14 | Lincoln's Birthday, President's
Day, Casimir Pulaski's | ||||||
15 | Birthday, Good Friday, Memorial Day, Independence Day,
Labor | ||||||
16 | Day, Columbus Day, Veterans' Day, Thanksgiving
Day, Christmas | ||||||
17 | Day, and
any other day from time to time declared by the | ||||||
18 | President of the United States
or the Governor of Illinois to | ||||||
19 | be a day during which the agencies of the State
of Illinois | ||||||
20 | that are ordinarily open to do business with the public shall | ||||||
21 | be
closed for business.
In this Section, however, "State | ||||||
22 | holiday" does not include General Election
Day.
| ||||||
23 | (c) Notwithstanding any other provision of this Code, | ||||||
24 | nominating
papers, petitions of objection to nominating | ||||||
25 | papers, certificates of withdrawal
of candidacy, and reports of |
| |||||||
| |||||||
1 | political committees actually received by election
authorities | ||||||
2 | and local election officials on a State holiday, a Saturday, or | ||||||
3 | a
Sunday shall not be deemed invalid or defective for that | ||||||
4 | reason alone.
| ||||||
5 | (Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
| ||||||
6 | (10 ILCS 5/17-25) (from Ch. 46, par. 17-25)
| ||||||
7 | Sec. 17-25. General Election Day holiday. As provided in | ||||||
8 | the State
Commemorative Dates Act, General Election Day
The | ||||||
9 | days upon which the
general elections for members of the
House | ||||||
10 | of Representatives of this State shall hereafter be held shall | ||||||
11 | be
a holiday
holidays , and shall for all purposes whatever as | ||||||
12 | regards the
presenting for
payment or acceptance and of | ||||||
13 | protesting and giving notice of the dishonor
of bills of | ||||||
14 | exchange, bank checks and promissory notes and as regards days
| ||||||
15 | of grace upon commercial paper, be treated and considered as is | ||||||
16 | the first
day of the week, commonly called Sunday; provided, | ||||||
17 | that no other election
day shall be treated and considered as a | ||||||
18 | holiday.
| ||||||
19 | (Source: Laws 1943, vol. 2, p. 253 .)
| ||||||
20 | Section 15. The Civil Administrative Code of Illinois is | ||||||
21 | amended by changing
Section 5-635 as follows:
| ||||||
22 | (20 ILCS 5/5-635) (was 20 ILCS 5/18)
| ||||||
23 | Sec. 5-635. Department office hours. Each department shall |
| |||||||
| |||||||
1 | be
open for the transaction of public
business at least from | ||||||
2 | 8:30 in the morning until
5:00 in the evening of each day | ||||||
3 | except Saturdays, Sundays, General Election
Day as provided in | ||||||
4 | the State Commemorative Dates Act, and days that
may hereafter | ||||||
5 | be declared by the Governor to be holidays for State
employees.
| ||||||
6 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
7 | Section 20. The Office of Banks and Real Estate Act is | ||||||
8 | amended by changing
Section 3 as follows:
| ||||||
9 | (20 ILCS 3205/3) (from Ch. 17, par. 453)
| ||||||
10 | Sec. 3. Business hours. The Office of Banks and Real | ||||||
11 | Estate shall be open
for transaction of public business from | ||||||
12 | 8:30
a.m. to 5:00 p.m. or at such other hours as the Governor | ||||||
13 | may prescribe
from time to time by executive order, on each day | ||||||
14 | except
Saturdays, Sundays, General Election Day as provided in | ||||||
15 | the State
Commemorative Dates Act, and days declared by the | ||||||
16 | Governor to be holidays for
State
employees.
| ||||||
17 | (Source: P.A. 89-508, eff. 7-3-96.)
| ||||||
18 | Section 25. The Counties Code is amended by changing
| ||||||
19 | Section 3-2007 as follows:
| ||||||
20 | (55 ILCS 5/3-2007) (from Ch. 34, par. 3-2007)
| ||||||
21 | Sec. 3-2007. Office quarters and hours; violation.
The | ||||||
22 | county clerk shall keep his office at the court house of
his |
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| |||||||
1 | county, or at such other place as may be provided for him by | ||||||
2 | the
authorities of such county seat and shall keep his office | ||||||
3 | open and
attend to the duties thereof:
| ||||||
4 | (a) In counties of 500,000 or more population from 9 a. m. | ||||||
5 | to 5 p.
m. of each working day except Saturday afternoons and | ||||||
6 | legal holidays, subject
to Section 116 of the State | ||||||
7 | Commemorative Dates Act,
but the clerk may open the office at 8 | ||||||
8 | a. m. on each working day:
| ||||||
9 | (b) In counties of less than 500,000 population from 8 a. | ||||||
10 | m. to 5 p.
m. of each working day except Saturdays and legal | ||||||
11 | holidays, subject to
Section 116 of the State Commemorative | ||||||
12 | Dates Act, but in such
counties the office shall remain open | ||||||
13 | until noon the Saturday before
general, primary or special | ||||||
14 | election days.
| ||||||
15 | Provided, that the days on which such office shall be open | ||||||
16 | and the
hours of opening and closing of the office of the | ||||||
17 | county clerk may be
changed and otherwise fixed and determined | ||||||
18 | by the county board of any
county. Any such action taken by the | ||||||
19 | county board shall be by an
appropriate resolution passed at a | ||||||
20 | regular meeting.
| ||||||
21 | Notwithstanding any other provision of this Section, when | ||||||
22 | any
election is held and the results of such election
are | ||||||
23 | required by law to be returned to the county clerk, the office | ||||||
24 | of
the county clerk shall remain open for the purpose of | ||||||
25 | receiving such
results from the time of opening of the polls | ||||||
26 | until the returns from
each precinct have been received.
|
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| |||||||
1 | Any county clerk who fails to keep his office open for the | ||||||
2 | purpose of
receiving election returns as required by this | ||||||
3 | Section commits a
business offense, and shall be fined not less | ||||||
4 | than $500 nor more than
$5,000.
| ||||||
5 | (Source: P.A. 86-962.)
| ||||||
6 | Section 30. The School Code is amended by changing
Section | ||||||
7 | 24-2 as follows:
| ||||||
8 | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| ||||||
9 | Sec. 24-2. Holidays. Teachers shall not be required
to | ||||||
10 | teach on Saturdays; nor shall teachers or other school
| ||||||
11 | employees, other than noncertified school employees whose | ||||||
12 | presence is
necessary because of an emergency or for the | ||||||
13 | continued operation and
maintenance of school facilities or | ||||||
14 | property, be
required to work on legal school
holidays, which | ||||||
15 | are January 1, New Year's Day; the third Monday in
January, the | ||||||
16 | Birthday of Dr. Martin Luther King, Jr.; February 12, the
| ||||||
17 | Birthday of President Abraham Lincoln; the
first Monday in | ||||||
18 | March (to be known as Casimir Pulaski's birthday); Good
Friday; | ||||||
19 | the day designated as Memorial Day by federal law; July 4,
| ||||||
20 | Independence Day; the first Monday in September, Labor Day; the | ||||||
21 | second Monday
in October, Columbus Day; the date established by | ||||||
22 | the Election Code as the
date of the general election, General | ||||||
23 | Election Day; November 11, Veteran's
Day; the Thursday in
| ||||||
24 | November commonly called Thanksgiving Day; and December 25, |
| |||||||
| |||||||
1 | Christmas Day.
School boards may grant special holidays | ||||||
2 | whenever in their judgment such
action is advisable , except | ||||||
3 | that no school board or board of education
may
designate or | ||||||
4 | observe as a special holiday on which teachers or
other school
| ||||||
5 | employees are not required to work the days on which general | ||||||
6 | elections for
members of the Illinois House of Representatives | ||||||
7 | are held . No deduction shall
be made from the time or
| ||||||
8 | compensation of a school employee on account of any legal
or | ||||||
9 | special holiday.
| ||||||
10 | Commemorative holidays, which recognize specified | ||||||
11 | patriotic, civic,
cultural or historical persons, activities, | ||||||
12 | or events, are regular school
days. Commemorative
holidays are: | ||||||
13 | January 28 (to be known as Christa McAuliffe Day and
observed | ||||||
14 | as a commemoration of space exploration), February 15 (the
37th | ||||||
15 | day of Susan B. Anthony), March 29 (Vietnam War Veterans Day),
| ||||||
16 | September 11 (September 11th Day of Remembrance), the school | ||||||
17 | day
immediately preceding Veteran's Day (Korean War Veterans
| ||||||
18 | Day), October 1 (Recycling Day), December 7 (Pearl Harbor | ||||||
19 | Veterans Day) and
any day so appointed by the President or
| ||||||
20 | Governor. School boards may establish commemorative holidays | ||||||
21 | whenever in
their judgment such action is advisable.
School | ||||||
22 | boards shall include instruction relative to commemorated | ||||||
23 | persons,
activities, or
events on the commemorative holiday or | ||||||
24 | at any other time during the school
year and at any point in | ||||||
25 | the curriculum when such instruction may be deemed
appropriate. | ||||||
26 | The State Board of Education shall prepare and make available
|
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| |||||||
1 | to school boards instructional materials relative to | ||||||
2 | commemorated persons,
activities,
or events which may be used | ||||||
3 | by school boards in conjunction with any
instruction provided | ||||||
4 | pursuant to this paragraph.
| ||||||
5 | City of Chicago School District 299 shall observe March 4 | ||||||
6 | of each year as
a commemorative holiday. This holiday shall be | ||||||
7 | known as Mayors' Day which
shall be a day to commemorate and be | ||||||
8 | reminded of the past Chief Executive
Officers of the City of | ||||||
9 | Chicago, and in particular the late Mayor Richard
J. Daley and | ||||||
10 | the late Mayor Harold Washington. If March 4 falls on a
| ||||||
11 | Saturday or Sunday, Mayors' Day shall be observed on the | ||||||
12 | following Monday.
| ||||||
13 | (Source: P.A. 92-704, eff. 7-19-02.)
| ||||||
14 | Section 35. The State Universities Civil Service Act is | ||||||
15 | amended by changing
Section 45a as follows:
| ||||||
16 | (110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
| ||||||
17 | Sec. 45a. Except as provided in the second sentence of this | ||||||
18 | Section,
all officers and employees subject to this Act, shall | ||||||
19 | have the
following days as holidays, for which they shall | ||||||
20 | receive their usual
compensation: New Year's Day, January 1, | ||||||
21 | Memorial Day, as determined by
the law of the State of | ||||||
22 | Illinois, Independence Day, July 4, Labor Day,
the first Monday | ||||||
23 | in September, General Election Day as provided in the State
| ||||||
24 | Commemorative Dates Act, Thanksgiving Day, the fourth Thursday |
| |||||||
| |||||||
1 | of
November, Christmas Day, December 25, and five holidays to | ||||||
2 | be designated
by each college, university, agency and community | ||||||
3 | college subject to
this Act. Craft and trade employees subject | ||||||
4 | to this Act shall be paid
for all paid holidays included in | ||||||
5 | their area agreement, and will be paid
for all five holidays | ||||||
6 | designated by their employer pursuant to this
section.
| ||||||
7 | (Source: P.A. 79-1186.)
| ||||||
8 | Section 40. The Promissory Note and Bank Holiday Act is | ||||||
9 | amended by changing
Section 17 as follows:
| ||||||
10 | (205 ILCS 630/17) (from Ch. 17, par. 2201)
| ||||||
11 | Sec. 17. Holidays.
| ||||||
12 | (a) The following days shall be legal holidays in the State | ||||||
13 | of
Illinois upon which day a bank may, but is not required to, | ||||||
14 | remain closed:
| ||||||
15 | the first day of January (New Year's Day);
| ||||||
16 | the third Monday in January (observance of Martin Luther | ||||||
17 | King, Jr.'s
birthday);
| ||||||
18 | the twelfth day in February (Abraham Lincoln's birthday);
| ||||||
19 | the third Monday in February (Presidents Day);
| ||||||
20 | the first Monday in March (observance of Casimir Pulaski's | ||||||
21 | birthday);
| ||||||
22 | the Friday preceding Easter Sunday (Good Friday);
| ||||||
23 | the last Monday of May (Memorial Day);
| ||||||
24 | the fourth day of July (Independence Day);
|
| |||||||
| |||||||
1 | the first Monday in September (Labor Day);
| ||||||
2 | the second Monday in October (Columbus Day);
| ||||||
3 | the date established by the Election Code as the date of | ||||||
4 | the general
election (General Election Day);
| ||||||
5 | the eleventh day of November (Veterans' Day);
| ||||||
6 | the fourth Thursday in November (Thanksgiving Day);
| ||||||
7 | the twenty-fifth day in December (Christmas Day);
| ||||||
8 | the days upon which the general elections for members of | ||||||
9 | the House of
Representatives are held, and any day proclaimed | ||||||
10 | by the Governor of this
State as a legal holiday. From 12 | ||||||
11 | o'clock noon to 12 o'clock midnight of
each Saturday shall be | ||||||
12 | considered a half holiday. In addition to such
holidays and | ||||||
13 | half-holidays, a bank may select one day of the week to remain
| ||||||
14 | closed, as provided in subsection (b) of this Section.
| ||||||
15 | (b) Any bank doing business within this State may select | ||||||
16 | any one day of
the week to remain closed on a regular basis | ||||||
17 | upon adoption of a resolution
by the board of directors of such | ||||||
18 | bank designating the day selected and
upon filing and | ||||||
19 | publishing a copy of such resolution as hereinafter
required. | ||||||
20 | Any such resolution shall be deemed effective for the purpose | ||||||
21 | of
this Section only when a copy thereof, certified by an | ||||||
22 | officer having charge
of the records of such bank, is filed | ||||||
23 | with the Recorder of the county in
which such bank is located | ||||||
24 | and published once each week for 3 successive
weeks in a | ||||||
25 | newspaper of general circulation in such county. Such
| ||||||
26 | publication shall be accomplished by, and at the expense of, |
| |||||||
| |||||||
1 | the bank, and
the bank shall submit to the Commissioner of | ||||||
2 | Banks and Real Estate such evidence of the publication as the | ||||||
3 | Commissioner shall deem
appropriate. Any such selection shall | ||||||
4 | remain in full force and effect until a
copy of the later | ||||||
5 | resolution of the board of directors of such bank, certified
in | ||||||
6 | like manner, terminating or altering any such prior selection | ||||||
7 | shall be filed
and published in the same manner as such prior | ||||||
8 | resolution.
| ||||||
9 | (c) If an occasion arises when a state bank wishes to | ||||||
10 | remain closed on a
particular day, other than a day on which | ||||||
11 | the bank has selected to remain
closed on a regular basis as | ||||||
12 | provided in this Section, such state bank may
remain closed on | ||||||
13 | such an occasion after first sending to the Commissioner a
copy | ||||||
14 | of a resolution adopted by the board of directors authorizing | ||||||
15 | the bank
to remain closed on such occasion and notice of the | ||||||
16 | intent to remain closed
on such occasion shall be conspicuously | ||||||
17 | posted in the lobby of the main
banking office and any branches | ||||||
18 | of such bank for at least 3 weeks in
advance of such occasion. | ||||||
19 | Any day which any bank doing business within the
State shall | ||||||
20 | select to remain closed pursuant to this Section shall, with
| ||||||
21 | respect to such bank, be treated and considered as a Sunday.
| ||||||
22 | (d) All legal holidays, the half holidays and
any day | ||||||
23 | selected by a bank doing business within the State to remain
| ||||||
24 | closed, shall, for all purposes whatsoever, as
regards the | ||||||
25 | presenting for payment or acceptance, the maturity and
| ||||||
26 | protesting and giving of notice of the dishonor of bills of |
| |||||||
| |||||||
1 | exchange, bank
checks and promissory notes and other negotiable | ||||||
2 | or commercial paper or
instrument, be treated and considered as | ||||||
3 | a Sunday. When any such holidays
fall on Sunday, the Monday
| ||||||
4 | next following shall be held and considered such holiday. All | ||||||
5 | notes, bills,
drafts, checks or other evidence of indebtedness, | ||||||
6 | falling due or maturing
on either of such days, shall be deemed | ||||||
7 | as due or maturing upon the day
following, and when 2 or more | ||||||
8 | of these days come together, or immediately
succeeding each | ||||||
9 | other, then such instruments, paper or indebtedness shall
be | ||||||
10 | deemed as due or having matured on the day following the last | ||||||
11 | of such
days.
| ||||||
12 | (e) Any act authorized, required or permitted to be | ||||||
13 | performed at or by or
with respect to any bank doing business | ||||||
14 | within the State on a day which it
has selected to remain | ||||||
15 | closed under this Section may be so performed on the
next | ||||||
16 | succeeding business day and no liability or loss of rights of | ||||||
17 | any kind
shall result from such delay.
| ||||||
18 | (f) Nothing in this Act shall in any manner affect the | ||||||
19 | validity of, or
render void or voidable, the payment, | ||||||
20 | certification, or acceptance of a
check or other negotiable | ||||||
21 | instrument, or any other transaction by a bank in
this State, | ||||||
22 | because done or performed on any Saturday, Sunday, holiday, or
| ||||||
23 | any day selected by a bank to remain closed, or during any time | ||||||
24 | other than
regular banking hours; but no bank in this State, | ||||||
25 | which by law or custom is
entitled to remain open or to close | ||||||
26 | for the whole or any part of any day
selected by it to remain |
| |||||||
| |||||||
1 | open or to close, is compelled to close, or to
remain open for | ||||||
2 | the transaction of business or to perform any of the acts
or | ||||||
3 | transactions aforesaid except at its own option.
| ||||||
4 | (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, | ||||||
5 | eff.
7-1-97.)
| ||||||
6 | Section 90. The State Mandates Act is amended by adding | ||||||
7 | Section 8.31 as follows: | ||||||
8 | (30 ILCS 805/8.31 new) | ||||||
9 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
10 | of this Act, no reimbursement by the State is required for the | ||||||
11 | implementation of any mandate created by this amendatory Act of | ||||||
12 | the 95th General Assembly. |