Bill Text: IL HB0231 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0231 Detail]

Download: Illinois-2017-HB0231-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0231 Introduced , by Rep. André Thapedi 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
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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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
adding Section 61 as follows:
(5 ILCS 490/61 new)
Sec. 61. Barack Obama's Birthday. The fourth day of August
of each year shall be a legal holiday to be known as Barack
Obama's Birthday to be observed as a day on which to hold
appropriate exercises in commemoration of our illustrious
President. When August fourth shall fall on a Sunday, the
following Monday shall be held and considered the holiday.
Section 10. The Election Code is amended by changing
Section 1-6 as follows:
(10 ILCS 5/1-6)
Sec. 1-6. Computing dates of various acts; Saturday,
Sunday, and holidays.
(a) If the first or last day fixed by law to do any act
required or allowed by this Code falls on a State holiday or a
Saturday or a Sunday, the period shall extend through the first
business day next following the day otherwise fixed as the

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first or last day, irrespective of whether any election
authority or local election official conducts business on the
State holiday, Saturday, or Sunday.
(b) For the purposes of this Section, "State holiday" means
New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
Lincoln's Birthday, President's Day, Casimir Pulaski's
Birthday, Good Friday, Memorial Day, Independence Day, Barack
Obama's Birthday, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, Christmas Day, and any other day from time to
time declared by the President of the United States or the
Governor of Illinois to be a day during which the agencies of
the State of Illinois that are ordinarily open to do business
with the public shall be closed for business.
(c) Notwithstanding any other provision of this Code,
nominating papers, petitions of objection to nominating
papers, certificates of withdrawal of candidacy, and reports of
political committees actually received by election authorities
and local election officials on a State holiday, a Saturday, or
a Sunday shall not be deemed invalid or defective for that
reason alone.
(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
Section 15. The Illinois Procurement Code is amended by
changing Section 15-45 as follows:
(30 ILCS 500/15-45)

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Sec. 15-45. Computation of days. The time within which any
act provided in this Code is to be done shall be computed by
excluding the first day and including the last, unless the last
day is Saturday or Sunday or is a holiday, and then it shall
also be excluded. If the day succeeding a Saturday, Sunday, or
holiday is also a holiday, a Saturday, or a Sunday, then that
succeeding day shall also be excluded. For the purposes of this
Code, "holiday" means: New Year's Day; Dr. Martin Luther King,
Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial
Day; Independence Day; Barack Obama's Birthday; Labor Day;
Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day;
and any other day from time to time declared by the President
of the United States or the Governor of Illinois to be a day
during which the agencies of the State of Illinois that are
ordinarily open to do business with the public shall be closed
for business.
(Source: P.A. 98-1076, eff. 1-1-15.)
Section 20. The School Code is amended by changing Section
24-2 as follows:
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays.
(a) Teachers shall not be required to teach on Saturdays,
nor, except as provided in subsection (b) of this Section,
shall teachers or other school employees, other than

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noncertificated school employees whose presence is necessary
because of an emergency or for the continued operation and
maintenance of school facilities or property, be required to
work on legal school holidays, which are January 1, New Year's
Day; the third Monday in January, the Birthday of Dr. Martin
Luther King, Jr.; February 12, the Birthday of President
Abraham Lincoln; the first Monday in March (to be known as
Casimir Pulaski's birthday); Good Friday; the day designated as
Memorial Day by federal law; July 4, Independence Day; August
4, the Birthday of President Barack Obama; the first Monday in
September, Labor Day; the second Monday in October, Columbus
Day; November 11, Veterans' Day; the Thursday in November
commonly called Thanksgiving Day; and December 25, Christmas
Day. School boards may grant special holidays whenever in their
judgment such action is advisable. No deduction shall be made
from the time or compensation of a school employee on account
of any legal or special holiday.
(b) A school board or other entity eligible to apply for
waivers and modifications under Section 2-3.25g of this Code is
authorized to hold school or schedule teachers' institutes,
parent-teacher conferences, or staff development on the third
Monday in January (the Birthday of Dr. Martin Luther King,
Jr.); February 12 (the Birthday of President Abraham Lincoln);
the first Monday in March (known as Casimir Pulaski's
birthday); the second Monday in October (Columbus Day); and
November 11 (Veterans' Day), provided that:

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(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on
that day or, if the day is not used for student attendance,
on the first school day preceding or following that day;
and
(2) the entity that chooses to exercise this authority
first holds a public hearing about the proposal. The entity
shall provide notice preceding the public hearing to both
educators and parents. The notice shall set forth the time,
date, and place of the hearing, describe the proposal, and
indicate that the entity will take testimony from educators
and parents about the proposal.
(c) Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays are:
January 28 (to be known as Christa McAuliffe Day and observed
as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans'
Day), September 11 (September 11th Day of Remembrance), the
school day immediately preceding Veterans' Day (Korean War
Veterans' Day), October 1 (Recycling Day), October 7 (Iraq and
Afghanistan Veterans Remembrance Day), December 7 (Pearl
Harbor Veterans' Day), and any day so appointed by the
President or Governor. School boards may establish
commemorative holidays whenever in their judgment such action
is advisable. School boards shall include instruction relative

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to commemorated persons, activities, or events on the
commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction
may be deemed appropriate. The State Board of Education shall
prepare and make available to school boards instructional
materials relative to commemorated persons, activities, or
events which may be used by school boards in conjunction with
any instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe March
4 of each year as a commemorative holiday. This holiday shall
be known as Mayors' Day which shall be a day to commemorate and
be reminded of the past Chief Executive Officers of the City of
Chicago, and in particular the late Mayor Richard J. Daley and
the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the
following Monday.
(Source: P.A. 98-156, eff. 8-2-13.)
Section 25. 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:

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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 fourth day of July (Independence Day);
the fourth day of August (Barack Obama's birthday);
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

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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

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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 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.

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(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. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14,
eff. 7-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.