Bill Text: IL HB3987 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-23 - Referred to Rules Committee [HB3987 Detail]

Download: Illinois-2023-HB3987-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3987 Introduced , by Rep. Barbara Hernandez 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.
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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
changing Sections 7 and 35 as follows:
(5 ILCS 490/7)
Sec. 7. Indigenous Peoples Day. The second Monday in
October last Monday in September of each year shall be a
holiday to be known is designated as Indigenous Peoples Day to
be observed throughout the State as a day to recognize the
contributions of indigenous peoples with suitable ceremony and
fellowship designed to promote greater understanding and
kinship between indigenous peoples and non-indigenous peoples
of the State of Illinois.
(Source: P.A. 100-119, eff. 8-18-17.)
(5 ILCS 490/35 rep.)
Section 10. The State Commemorative Dates Act is amended
by repealing Section 35.
Section 15. The Election Code is amended by changing
Section 1-6 as follows:

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(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 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, Juneteenth National
Freedom Day, Independence Day, Labor Day, Indigenous Peoples
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

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Saturday, or a Sunday shall not be deemed invalid or defective
for that reason alone.
(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)
Section 20. The Illinois Procurement Code is amended by
changing Section 15-45 as follows:
(30 ILCS 500/15-45)
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; Juneteenth National Freedom
Day; Independence Day; Labor Day; Indigenous Peoples 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.
Notwithstanding any other provision of State law to the

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contrary, November 3, 2020 shall be a State holiday known as
2020 General Election Day and shall be observed throughout the
State pursuant to this amendatory Act of the 101st General
Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
102-334, eff. 8-9-21.)
Section 25. 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
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; June 19, Juneteenth National
Freedom Day; July 4, Independence Day; the first Monday in
September, Labor Day; the second Monday in October, Indigenous

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Peoples 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, Indigenous Peoples
Day the second Monday in October (Columbus Day); and November
11 (Veterans' Day), provided that:
(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

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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 17 (the birthday of Muhammad Ali), 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
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.

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(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.
(e) Notwithstanding any other provision of State law to
the contrary, November 3, 2020 shall be a State holiday known
as 2020 General Election Day and shall be observed throughout
the State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under Public Act 102-15.
(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
1-1-22; 102-813, eff. 5-13-22.)
Section 30. The Promissory Note and Bank Holiday Act is
amended by changing Section 17 as follows:

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(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:
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 nineteenth day of June (Juneteenth National Freedom
Day);
the fourth day of July (Independence Day);
the first Monday in September (Labor Day);
the second Monday in October (Indigenous Peoples 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

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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
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

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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 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, except
Juneteenth National Freedom Day, 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

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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.
(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. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)