Bill Text: IL HB0645 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Promissory Note and Bank Holiday Act. Makes a technical change in the Section listing bank holidays.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0645 Detail]
Download: Illinois-2011-HB0645-Introduced.html
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| 1 | AN ACT concerning regulation.
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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 Promissory Note and Bank Holiday Act is | |||||||||||||||||||
| 5 | amended by changing Section 17 as follows:
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| 6 | (205 ILCS 630/17) (from Ch. 17, par. 2201)
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| 7 | Sec. 17. Holidays.
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| 8 | (a) The
The following days shall be legal holidays in the | |||||||||||||||||||
| 9 | State of
Illinois upon which day a bank may, but is not | |||||||||||||||||||
| 10 | required to, remain closed: | |||||||||||||||||||
| 11 | the first day of January (New Year's Day);
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| 12 | the third Monday in January (observance of Martin Luther | |||||||||||||||||||
| 13 | King, Jr.'s
birthday);
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| 14 | the twelfth day in February (Abraham Lincoln's birthday);
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| 15 | the third Monday in February (Presidents Day);
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| 16 | the first Monday in March (observance of Casimir Pulaski's | |||||||||||||||||||
| 17 | birthday);
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| 18 | the Friday preceding Easter Sunday (Good Friday);
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| 19 | the last Monday of May (Memorial Day);
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| 20 | the fourth day of July (Independence Day);
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| 21 | the first Monday in September (Labor Day);
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| 22 | the second Monday in October (Columbus Day);
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| 23 | the eleventh day of November (Veterans' Day);
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| 1 | the fourth Thursday in November (Thanksgiving Day);
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| 2 | the twenty-fifth day in December (Christmas Day);
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| 3 | the days upon which the general elections for members of | ||||||
| 4 | the House of
Representatives are held, and any day proclaimed | ||||||
| 5 | by the Governor of this
State as a legal holiday. From 12 | ||||||
| 6 | o'clock noon to 12 o'clock midnight of
each Saturday shall be | ||||||
| 7 | considered a half holiday. In addition to such
holidays and | ||||||
| 8 | half-holidays, a bank may select one day of the week to remain
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| 9 | closed, as provided in subsection (b) of this Section.
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| 10 | (b) Any bank doing business within this State may select | ||||||
| 11 | any one day of
the week to remain closed on a regular basis | ||||||
| 12 | upon adoption of a resolution
by the board of directors of such | ||||||
| 13 | bank designating the day selected and
upon filing and | ||||||
| 14 | publishing a copy of such resolution as hereinafter
required. | ||||||
| 15 | Any such resolution shall be deemed effective for the purpose | ||||||
| 16 | of
this Section only when a copy thereof, certified by an | ||||||
| 17 | officer having charge
of the records of such bank, is filed | ||||||
| 18 | with the Recorder of the county in
which such bank is located | ||||||
| 19 | and published once each week for 3 successive
weeks in a | ||||||
| 20 | newspaper of general circulation in such county. Such
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| 21 | publication shall be accomplished by, and at the expense of, | ||||||
| 22 | the bank, and
the bank shall submit to the Commissioner of | ||||||
| 23 | Banks and Real Estate such evidence of the publication as the | ||||||
| 24 | Commissioner shall deem
appropriate. Any such selection shall | ||||||
| 25 | remain in full force and effect until a
copy of the later | ||||||
| 26 | resolution of the board of directors of such bank, certified
in | ||||||
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| 1 | like manner, terminating or altering any such prior selection | ||||||
| 2 | shall be filed
and published in the same manner as such prior | ||||||
| 3 | resolution.
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| 4 | (c) If an occasion arises when a state bank wishes to | ||||||
| 5 | remain closed on a
particular day, other than a day on which | ||||||
| 6 | the bank has selected to remain
closed on a regular basis as | ||||||
| 7 | provided in this Section, such state bank may
remain closed on | ||||||
| 8 | such an occasion after first sending to the Commissioner a
copy | ||||||
| 9 | of a resolution adopted by the board of directors authorizing | ||||||
| 10 | the bank
to remain closed on such occasion and notice of the | ||||||
| 11 | intent to remain closed
on such occasion shall be conspicuously | ||||||
| 12 | posted in the lobby of the main
banking office and any branches | ||||||
| 13 | of such bank for at least 3 weeks in
advance of such occasion. | ||||||
| 14 | Any day which any bank doing business within the
State shall | ||||||
| 15 | select to remain closed pursuant to this Section shall, with
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| 16 | respect to such bank, be treated and considered as a Sunday.
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| 17 | (d) All legal holidays, the half holidays and
any day | ||||||
| 18 | selected by a bank doing business within the State to remain
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| 19 | closed, shall, for all purposes whatsoever, as
regards the | ||||||
| 20 | presenting for payment or acceptance, the maturity and
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| 21 | protesting and giving of notice of the dishonor of bills of | ||||||
| 22 | exchange, bank
checks and promissory notes and other negotiable | ||||||
| 23 | or commercial paper or
instrument, be treated and considered as | ||||||
| 24 | a Sunday. When any such holidays
fall on Sunday, the Monday
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| 25 | next following shall be held and considered such holiday. All | ||||||
| 26 | notes, bills,
drafts, checks or other evidence of indebtedness, | ||||||
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| 1 | falling due or maturing
on either of such days, shall be deemed | ||||||
| 2 | as due or maturing upon the day
following, and when 2 or more | ||||||
| 3 | of these days come together, or immediately
succeeding each | ||||||
| 4 | other, then such instruments, paper or indebtedness shall
be | ||||||
| 5 | deemed as due or having matured on the day following the last | ||||||
| 6 | of such
days.
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| 7 | (e) Any act authorized, required or permitted to be | ||||||
| 8 | performed at or by or
with respect to any bank doing business | ||||||
| 9 | within the State on a day which it
has selected to remain | ||||||
| 10 | closed under this Section may be so performed on the
next | ||||||
| 11 | succeeding business day and no liability or loss of rights of | ||||||
| 12 | any kind
shall result from such delay.
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| 13 | (f) Nothing in this Act shall in any manner affect the | ||||||
| 14 | validity of, or
render void or voidable, the payment, | ||||||
| 15 | certification, or acceptance of a
check or other negotiable | ||||||
| 16 | instrument, or any other transaction by a bank in
this State, | ||||||
| 17 | because done or performed on any Saturday, Sunday, holiday, or
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| 18 | any day selected by a bank to remain closed, or during any time | ||||||
| 19 | other than
regular banking hours; but no bank in this State, | ||||||
| 20 | which by law or custom is
entitled to remain open or to close | ||||||
| 21 | for the whole or any part of any day
selected by it to remain | ||||||
| 22 | open or to close, is compelled to close, or to
remain open for | ||||||
| 23 | the transaction of business or to perform any of the acts
or | ||||||
| 24 | transactions aforesaid except at its own option.
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| 25 | (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96; 90-14, | ||||||
| 26 | eff.
7-1-97.)
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