Illinois General Assembly - Full Text of HB3982
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Full Text of HB3982  102nd General Assembly

HB3982 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3982

 

Introduced 3/4/2021, by Rep. Delia C. Ramirez - Barbara Hernandez - Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 490/7
5 ILCS 490/35 rep.
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

    Amends the State Commemorative Dates Act. Provides that the second Monday in October of each year (currently, the last Monday in September) shall be a holiday to be known as Indigenous Peoples Day to be observed throughout the State (currently, not a holiday). Removes Columbus Day as a holiday and a commemorative date. Amends the Election Code, the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act to make changes to provide for Indigenous Peoples Day as a State holiday and the removal of Columbus Day as a State holiday. Makes conforming changes.


LRB102 10336 RJF 15663 b

 

 

A BILL FOR

 

HB3982LRB102 10336 RJF 15663 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
5changing Sections 7 and 35 as follows:
 
6    (5 ILCS 490/7)
7    Sec. 7. Indigenous Peoples Day. The second Monday in
8October last Monday in September of each year shall be a
9holiday to be known is designated as Indigenous Peoples Day to
10be observed throughout the State as a day to recognize the
11contributions of indigenous peoples with suitable ceremony and
12fellowship designed to promote greater understanding and
13kinship between indigenous peoples and non-indigenous peoples
14of the State of Illinois.
15(Source: P.A. 100-119, eff. 8-18-17.)
 
16    (5 ILCS 490/35 rep.)
17    Section 10. The State Commemorative Dates Act is amended
18by repealing Section 35.
 
19    Section 15. The Election Code is amended by changing
20Section 1-6 as follows:
 

 

 

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1    (10 ILCS 5/1-6)
2    Sec. 1-6. Computing dates of various acts; Saturday,
3Sunday, and holidays.
4    (a) If the first or last day fixed by law to do any act
5required or allowed by this Code falls on a State holiday or a
6Saturday or a Sunday, the period shall extend through the
7first business day next following the day otherwise fixed as
8the first or last day, irrespective of whether any election
9authority or local election official conducts business on the
10State holiday, Saturday, or Sunday.
11    (b) For the purposes of this Section, "State holiday"
12means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
13Lincoln's Birthday, President's Day, Casimir Pulaski's
14Birthday, Good Friday, Memorial Day, Independence Day, Labor
15Day, Indigenous Peoples Day Columbus Day, Veterans' Day,
16Thanksgiving Day, Christmas Day, and any other day from time
17to time declared by the President of the United States or the
18Governor of Illinois to be a day during which the agencies of
19the State of Illinois that are ordinarily open to do business
20with the public shall be closed for business.
21    (c) Notwithstanding any other provision of this Code,
22nominating papers, petitions of objection to nominating
23papers, certificates of withdrawal of candidacy, and reports
24of political committees actually received by election
25authorities and local election officials on a State holiday, a
26Saturday, or a Sunday shall not be deemed invalid or defective

 

 

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1for that reason alone.
2(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
 
3    Section 20. The Illinois Procurement Code is amended by
4changing Section 15-45 as follows:
 
5    (30 ILCS 500/15-45)
6    Sec. 15-45. Computation of days. The time within which any
7act provided in this Code is to be done shall be computed by
8excluding the first day and including the last, unless the
9last day is Saturday or Sunday or is a holiday, and then it
10shall also be excluded. If the day succeeding a Saturday,
11Sunday, or holiday is also a holiday, a Saturday, or a Sunday,
12then that succeeding day shall also be excluded. For the
13purposes of this Code, "holiday" means: New Year's Day; Dr.
14Martin Luther King, Jr.'s Birthday; Lincoln's Birthday;
15President's Day; Memorial Day; Independence Day; Labor Day;
16Indigenous Peoples Day Columbus Day; Veterans' Day;
17Thanksgiving Day; Christmas Day; and any other day from time
18to time declared by the President of the United States or the
19Governor of Illinois to be a day during which the agencies of
20the State of Illinois that are ordinarily open to do business
21with the public shall be closed for business.
22    Notwithstanding any other provision of State law to the
23contrary, November 3, 2020 shall be a State holiday known as
242020 General Election Day and shall be observed throughout the

 

 

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1State pursuant to this amendatory Act of the 101st General
2Assembly.
3(Source: P.A. 101-642, eff. 6-16-20.)
 
4    Section 25. The School Code is amended by changing Section
524-2 as follows:
 
6    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
7    Sec. 24-2. Holidays.
8    (a) Teachers shall not be required to teach on Saturdays,
9nor, except as provided in subsection (b) of this Section,
10shall teachers or other school employees, other than
11noncertificated school employees whose presence is necessary
12because of an emergency or for the continued operation and
13maintenance of school facilities or property, be required to
14work on legal school holidays, which are January 1, New Year's
15Day; the third Monday in January, the Birthday of Dr. Martin
16Luther King, Jr.; February 12, the Birthday of President
17Abraham Lincoln; the first Monday in March (to be known as
18Casimir Pulaski's birthday); Good Friday; the day designated
19as Memorial Day by federal law; July 4, Independence Day; the
20first Monday in September, Labor Day; the second Monday in
21October, Indigenous Peoples Day the second Monday in October,
22Columbus Day; November 11, Veterans' Day; the Thursday in
23November commonly called Thanksgiving Day; and December 25,
24Christmas Day. School boards may grant special holidays

 

 

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1whenever in their judgment such action is advisable. No
2deduction shall be made from the time or compensation of a
3school employee on account of any legal or special holiday.
4    (b) A school board or other entity eligible to apply for
5waivers and modifications under Section 2-3.25g of this Code
6is authorized to hold school or schedule teachers' institutes,
7parent-teacher conferences, or staff development on the third
8Monday in January (the Birthday of Dr. Martin Luther King,
9Jr.); February 12 (the Birthday of President Abraham Lincoln);
10the first Monday in March (known as Casimir Pulaski's
11birthday); the second Monday in October (Indigenous Peoples
12Day) the second Monday in October (Columbus Day); and November
1311 (Veterans' Day), provided that:
14        (1) the person or persons honored by the holiday are
15    recognized through instructional activities conducted on
16    that day or, if the day is not used for student attendance,
17    on the first school day preceding or following that day;
18    and
19        (2) the entity that chooses to exercise this authority
20    first holds a public hearing about the proposal. The
21    entity shall provide notice preceding the public hearing
22    to both educators and parents. The notice shall set forth
23    the time, date, and place of the hearing, describe the
24    proposal, and indicate that the entity will take testimony
25    from educators and parents about the proposal.
26    (c) Commemorative holidays, which recognize specified

 

 

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1patriotic, civic, cultural or historical persons, activities,
2or events, are regular school days. Commemorative holidays
3are: January 28 (to be known as Christa McAuliffe Day and
4observed as a commemoration of space exploration), February 15
5(the birthday of Susan B. Anthony), March 29 (Viet Nam War
6Veterans' Day), September 11 (September 11th Day of
7Remembrance), the school day immediately preceding Veterans'
8Day (Korean War Veterans' Day), October 1 (Recycling Day),
9October 7 (Iraq and Afghanistan Veterans Remembrance Day),
10December 7 (Pearl Harbor Veterans' Day), and any day so
11appointed by the President or Governor. School boards may
12establish commemorative holidays whenever in their judgment
13such action is advisable. School boards shall include
14instruction relative to commemorated persons, activities, or
15events on the commemorative holiday or at any other time
16during the school year and at any point in the curriculum when
17such instruction may be deemed appropriate. The State Board of
18Education shall prepare and make available to school boards
19instructional materials relative to commemorated persons,
20activities, or events which may be used by school boards in
21conjunction with any instruction provided pursuant to this
22paragraph.
23    (d) City of Chicago School District 299 shall observe
24March 4 of each year as a commemorative holiday. This holiday
25shall be known as Mayors' Day which shall be a day to
26commemorate and be reminded of the past Chief Executive

 

 

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1Officers of the City of Chicago, and in particular the late
2Mayor Richard J. Daley and the late Mayor Harold Washington.
3If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
4observed on the following Monday.
5    (e) Notwithstanding any other provision of State law to
6the contrary, November 3, 2020 shall be a State holiday known
7as 2020 General Election Day and shall be observed throughout
8the State pursuant to this amendatory Act of the 101st General
9Assembly. All government offices, with the exception of
10election authorities, shall be closed unless authorized to be
11used as a location for election day services or as a polling
12place.
13(Source: P.A. 101-642, eff. 6-16-20.)
 
14    Section 30. The Promissory Note and Bank Holiday Act is
15amended by changing Section 17 as follows:
 
16    (205 ILCS 630/17)  (from Ch. 17, par. 2201)
17    Sec. 17. Holidays.
18    (a) The following days shall be legal holidays in the
19State of Illinois upon which day a bank may, but is not
20required to, remain closed:
21    the first day of January (New Year's Day);
22    the third Monday in January (observance of Martin Luther
23King, Jr.'s birthday);
24    the twelfth day in February (Abraham Lincoln's birthday);

 

 

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1    the third Monday in February (Presidents Day);
2    the first Monday in March (observance of Casimir Pulaski's
3birthday);
4    the Friday preceding Easter Sunday (Good Friday);
5    the last Monday of May (Memorial Day);
6    the fourth day of July (Independence Day);
7    the first Monday in September (Labor Day);
8    the second Monday in October (Indigenous Peoples Day);
9    the second Monday in October (Columbus Day);
10    the eleventh day of November (Veterans' Day);
11    the fourth Thursday in November (Thanksgiving Day);
12    the twenty-fifth day in December (Christmas Day);
13    the days upon which the general elections for members of
14the House of Representatives are held, and any day proclaimed
15by the Governor of this State as a legal holiday. From 12
16o'clock noon to 12 o'clock midnight of each Saturday shall be
17considered a half holiday. In addition to such holidays and
18half-holidays, a bank may select one day of the week to remain
19closed, as provided in subsection (b) of this Section.
20    (b) Any bank doing business within this State may select
21any one day of the week to remain closed on a regular basis
22upon adoption of a resolution by the board of directors of such
23bank designating the day selected and upon filing and
24publishing a copy of such resolution as hereinafter required.
25Any such resolution shall be deemed effective for the purpose
26of this Section only when a copy thereof, certified by an

 

 

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1officer having charge of the records of such bank, is filed
2with the Recorder of the county in which such bank is located
3and published once each week for 3 successive weeks in a
4newspaper of general circulation in such county. Such
5publication shall be accomplished by, and at the expense of,
6the bank, and the bank shall submit to the Commissioner of
7Banks and Real Estate such evidence of the publication as the
8Commissioner shall deem appropriate. Any such selection shall
9remain in full force and effect until a copy of the later
10resolution of the board of directors of such bank, certified
11in like manner, terminating or altering any such prior
12selection shall be filed and published in the same manner as
13such prior resolution.
14    (c) If an occasion arises when a state bank wishes to
15remain closed on a particular day, other than a day on which
16the bank has selected to remain closed on a regular basis as
17provided in this Section, such state bank may remain closed on
18such an occasion after first sending to the Commissioner a
19copy of a resolution adopted by the board of directors
20authorizing the bank to remain closed on such occasion and
21notice of the intent to remain closed on such occasion shall be
22conspicuously posted in the lobby of the main banking office
23and any branches of such bank for at least 3 weeks in advance
24of such occasion. Any day which any bank doing business within
25the State shall select to remain closed pursuant to this
26Section shall, with respect to such bank, be treated and

 

 

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1considered as a Sunday.
2    (d) All legal holidays, the half holidays and any day
3selected by a bank doing business within the State to remain
4closed, shall, for all purposes whatsoever, as regards the
5presenting for payment or acceptance, the maturity and
6protesting and giving of notice of the dishonor of bills of
7exchange, bank checks and promissory notes and other
8negotiable or commercial paper or instrument, be treated and
9considered as a Sunday. When any such holidays fall on Sunday,
10the Monday next following shall be held and considered such
11holiday. All notes, bills, drafts, checks or other evidence of
12indebtedness, falling due or maturing on either of such days,
13shall be deemed as due or maturing upon the day following, and
14when 2 or more of these days come together, or immediately
15succeeding each other, then such instruments, paper or
16indebtedness shall be deemed as due or having matured on the
17day following the last of such days.
18    (e) Any act authorized, required or permitted to be
19performed at or by or with respect to any bank doing business
20within the State on a day which it has selected to remain
21closed under this Section may be so performed on the next
22succeeding business day and no liability or loss of rights of
23any kind shall result from such delay.
24    (f) Nothing in this Act shall in any manner affect the
25validity of, or render void or voidable, the payment,
26certification, or acceptance of a check or other negotiable

 

 

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1instrument, or any other transaction by a bank in this State,
2because done or performed on any Saturday, Sunday, holiday, or
3any day selected by a bank to remain closed, or during any time
4other than regular banking hours; but no bank in this State,
5which by law or custom is entitled to remain open or to close
6for the whole or any part of any day selected by it to remain
7open or to close, is compelled to close, or to remain open for
8the transaction of business or to perform any of the acts or
9transactions aforesaid except at its own option.
10(Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96;
1190-14, eff. 7-1-97.)