Illinois-2023-HB5576-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5576

Introduced , by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

`5 ILCS 490/57 new`
`10 ILCS 5/1-6`
`30 ILCS 500/15-45`
`105 ILCS 5/24-2`
`205 ILCS 630/17`	`from Ch. 17, par. 2201`

Amends the State Commemorative Dates Act. Provides that the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, is a holiday to be observed throughout the State and to be known as the Lunar New Year. Provides that, when the Lunar New Year falls on a Saturday or 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 the Lunar New Year as a holiday.

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A BILL FOR

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1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The State Commemorative Dates Act is amended by

5 adding Section 57 as follows:

6 (5 ILCS 490/57 new)

7 Sec. 57. Lunar New Year. The date corresponding with the

8 second new moon following the winter solstice, or the third

9 new moon following the winter solstice should an intercalary

10 month intervene, is a holiday to be observed throughout the

11 State and to be known as Lunar New Year. When Lunar New Year

12 falls on a Saturday or Sunday, the following Monday shall be

13 held and considered the holiday.

14 Section 10. The Election Code is amended by changing

15 Section 1-6 as follows:

16 (10 ILCS 5/1-6)

17 Sec. 1-6. Computing dates of various acts; Saturday,

18 Sunday, and holidays.

19 (a) If the first or last day fixed by law to do any act

20 required or allowed by this Code falls on a State holiday or a

21 Saturday or a Sunday, the period shall extend through the

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1 first business day next following the day otherwise fixed as

2 the first or last day, irrespective of whether any election

3 authority or local election official conducts business on the

4 State holiday, Saturday, or Sunday.

5 (b) For the purposes of this Section, "State holiday"

6 means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,

7 Lunar New Year, Lincoln's Birthday, President's Day, Casimir

8 Pulaski's Birthday, Good Friday, Memorial Day, Juneteenth

9 National Freedom Day, Independence Day, Labor Day, Columbus

10 Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any

11 other day from time to time declared by the President of the

12 United States or the Governor of Illinois to be a day during

13 which the agencies of the State of Illinois that are

14 ordinarily open to do business with the public shall be closed

15 for business.

16 (c) Notwithstanding any other provision of this Code,

17 nominating papers, petitions of objection to nominating

18 papers, certificates of withdrawal of candidacy, and reports

19 of political committees actually received by election

20 authorities and local election officials on a State holiday, a

21 Saturday, or a Sunday shall not be deemed invalid or defective

22 for that reason alone.

23 (Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)

24 Section 15. The Illinois Procurement Code is amended by

25 changing Section 15-45 as follows:

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1 (30 ILCS 500/15-45)

2 Sec. 15-45. Computation of days. The time within which any

3 act provided in this Code is to be done shall be computed by

4 excluding the first day and including the last, unless the

5 last day is Saturday or Sunday or is a holiday, and then it

6 shall also be excluded. If the day succeeding a Saturday,

7 Sunday, or holiday is also a holiday, a Saturday, or a Sunday,

8 then that succeeding day shall also be excluded. For the

9 purposes of this Code, "holiday" means: New Year's Day; Dr.

10 Martin Luther King, Jr.'s Birthday; Lunar New Year; Lincoln's

11 Birthday; President's Day; Memorial Day; Juneteenth National

12 Freedom Day; Independence Day; Labor Day; Columbus Day;

13 Veterans' Day; Thanksgiving Day; Christmas Day; and any other

14 day from time to time declared by the President of the United

15 States or the Governor of Illinois to be a day during which the

16 agencies of the State of Illinois that are ordinarily open to

17 do business with the public shall be closed for business.

18 Notwithstanding any other provision of State law to the

19 contrary, November 3, 2020 shall be a State holiday known as

20 2020 General Election Day and shall be observed throughout the

21 State pursuant to this amendatory Act of the 101st General

22 Assembly.

23 (Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;

24 102-334, eff. 8-9-21.)

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1 Section 20. The School Code is amended by changing Section

2 24-2 as follows:

3 (105 ILCS 5/24-2)

4 Sec. 24-2. Holidays.

5 (a) Teachers shall not be required to teach on Saturdays,

6 nor, except as provided in subsection (b) of this Section,

7 shall teachers, educational support personnel employees, or

8 other school employees, other than noncertificated school

9 employees whose presence is necessary because of an emergency

10 or for the continued operation and maintenance of school

11 facilities or property, be required to work on legal school

12 holidays, which are January 1, New Year's Day; the third

13 Monday in January, the Birthday of Dr. Martin Luther King,

14 Jr.; the date corresponding with the second new moon following

15 the winter solstice, or the third new moon following the

16 winter solstice should an intercalary month intervene, Lunar

17 New Year; February 12, the Birthday of President Abraham

18 Lincoln; the first Monday in March (to be known as Casimir

19 Pulaski's birthday); Good Friday; the day designated as

20 Memorial Day by federal law; June 19, Juneteenth National

21 Freedom Day; July 4, Independence Day; the first Monday in

22 September, Labor Day; the second Monday in October, Columbus

23 Day; November 11, Veterans' Day; the Thursday in November

24 commonly called Thanksgiving Day; and December 25, Christmas

25 Day. School boards may grant special holidays whenever in

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1 their judgment such action is advisable. No deduction shall be

2 made from the time or compensation of a school employee,

3 including an educational support personnel employee, on

4 account of any legal or special holiday in which that employee

5 would have otherwise been scheduled to work but for the legal

6 or special holiday.

7 (b) A school board or other entity eligible to apply for

8 waivers and modifications under Section 2-3.25g of this Code

9 is authorized to hold school or schedule teachers' institutes,

10 parent-teacher conferences, or staff development on the third

11 Monday in January (the Birthday of Dr. Martin Luther King,

12 Jr.); February 12 (the Birthday of President Abraham Lincoln);

13 the first Monday in March (known as Casimir Pulaski's

14 birthday); the second Monday in October (Columbus Day); and

15 November 11 (Veterans' Day), provided that:

16 (1) the person or persons honored by the holiday are

17 recognized through instructional activities conducted on

18 that day or, if the day is not used for student attendance,

19 on the first school day preceding or following that day;

20 and

21 (2) the entity that chooses to exercise this authority

22 first holds a public hearing about the proposal. The

23 entity shall provide notice preceding the public hearing

24 to both educators and parents. The notice shall set forth

25 the time, date, and place of the hearing, describe the

26 proposal, and indicate that the entity will take testimony

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1 from educators and parents about the proposal.

2 (c) Commemorative holidays, which recognize specified

3 patriotic, civic, cultural or historical persons, activities,

4 or events, are regular school days. Commemorative holidays

5 are: January 17 (the birthday of Muhammad Ali), January 28 (to

6 be known as Christa McAuliffe Day and observed as a

7 commemoration of space exploration), February 15 (the birthday

8 of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),

9 September 11 (September 11th Day of Remembrance), September 17

10 (Constitution Day), the school day immediately preceding

11 Veterans' Day (Korean War Veterans' Day), October 1 (Recycling

12 Day), October 7 (Iraq and Afghanistan Veterans Remembrance

13 Day), December 7 (Pearl Harbor Veterans' Day), and any day so

14 appointed by the President or Governor. School boards may

15 establish commemorative holidays whenever in their judgment

16 such action is advisable. School boards shall include

17 instruction relative to commemorated persons, activities, or

18 events on the commemorative holiday or at any other time

19 during the school year and at any point in the curriculum when

20 such instruction may be deemed appropriate. The State Board of

21 Education shall prepare and make available to school boards

22 instructional materials relative to commemorated persons,

23 activities, or events which may be used by school boards in

24 conjunction with any instruction provided pursuant to this

25 paragraph.

26 (d) City of Chicago School District 299 shall observe

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1 March 4 of each year as a commemorative holiday. This holiday

2 shall be known as Mayors' Day which shall be a day to

3 commemorate and be reminded of the past Chief Executive

4 Officers of the City of Chicago, and in particular the late

5 Mayor Richard J. Daley and the late Mayor Harold Washington.

6 If March 4 falls on a Saturday or Sunday, Mayors' Day shall be

7 observed on the following Monday.

8 (e) Notwithstanding any other provision of State law to

9 the contrary, November 3, 2020 shall be a State holiday known

10 as 2020 General Election Day and shall be observed throughout

11 the State pursuant to Public Act 101-642 ~~this amendatory Act~~

12 ~~of the 101st General Assembly~~. All government offices, with

13 the exception of election authorities, shall be closed unless

14 authorized to be used as a location for election day services

15 or as a polling place.

16 Notwithstanding any other provision of State law to the

17 contrary, November 8, 2022 shall be a State holiday known as

18 2022 General Election Day and shall be observed throughout the

19 State under Public Act 102-15.

20 Notwithstanding any other provision of State law to the

21 contrary, November 5, 2024 shall be a State holiday known as

22 2024 General Election Day and shall be observed throughout

23 this State pursuant to Public Act 103-467 ~~this amendatory Act~~

24 ~~of the 103rd General Assembly~~.

25 (Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;

26 102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.

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1 5-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,

2 eff. 8-4-23; revised 9-1-23.)

3 Section 25. The Promissory Note and Bank Holiday Act is

4 amended by changing Section 17 as follows:

5 (205 ILCS 630/17) (from Ch. 17, par. 2201)

6 Sec. 17. Holidays.

7 (a) The following days shall be legal holidays in the

8 State of Illinois upon which day a bank may, but is not

9 required to, remain closed:

10 the first day of January (New Year's Day);

11 the third Monday in January (observance of Martin Luther

12 King, Jr.'s birthday);

13 the date corresponding with the second new moon following

14 the winter solstice, or the third new moon following the

15 winter solstice should an intercalary month intervene (Lunar

16 New Year);

17 the twelfth day in February (Abraham Lincoln's birthday);

18 the third Monday in February (Presidents Day);

19 the first Monday in March (observance of Casimir Pulaski's

20 birthday);

21 the Friday preceding Easter Sunday (Good Friday);

22 the last Monday of May (Memorial Day);

23 the nineteenth day of June (Juneteenth National Freedom

24 Day);

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1 the fourth day of July (Independence Day);

2 the first Monday in September (Labor Day);

3 the second Monday in October (Columbus Day);

4 the eleventh day of November (Veterans' Day);

5 the fourth Thursday in November (Thanksgiving Day);

6 the twenty-fifth day in December (Christmas Day);

7 the days upon which the general elections for members of

8 the House of Representatives are held, and any day proclaimed

9 by the Governor of this State as a legal holiday. From 12

10 o'clock noon to 12 o'clock midnight of each Saturday shall be

11 considered a half holiday. In addition to such holidays and

12 half-holidays, a bank may select one day of the week to remain

13 closed, as provided in subsection (b) of this Section.

14 (b) Any bank doing business within this State may select

15 any one day of the week to remain closed on a regular basis

16 upon adoption of a resolution by the board of directors of such

17 bank designating the day selected and upon filing and

18 publishing a copy of such resolution as hereinafter required.

19 Any such resolution shall be deemed effective for the purpose

20 of this Section only when a copy thereof, certified by an

21 officer having charge of the records of such bank, is filed

22 with the Recorder of the county in which such bank is located

23 and published once each week for 3 successive weeks in a

24 newspaper of general circulation in such county. Such

25 publication shall be accomplished by, and at the expense of,

26 the bank, and the bank shall submit to the Commissioner of

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1 Banks and Real Estate such evidence of the publication as the

2 Commissioner shall deem appropriate. Any such selection shall

3 remain in full force and effect until a copy of the later

4 resolution of the board of directors of such bank, certified

5 in like manner, terminating or altering any such prior

6 selection shall be filed and published in the same manner as

7 such prior resolution.

8 (c) If an occasion arises when a state bank wishes to

9 remain closed on a particular day, other than a day on which

10 the bank has selected to remain closed on a regular basis as

11 provided in this Section, such state bank may remain closed on

12 such an occasion after first sending to the Commissioner a

13 copy of a resolution adopted by the board of directors

14 authorizing the bank to remain closed on such occasion and

15 notice of the intent to remain closed on such occasion shall be

16 conspicuously posted in the lobby of the main banking office

17 and any branches of such bank for at least 3 weeks in advance

18 of such occasion. Any day which any bank doing business within

19 the State shall select to remain closed pursuant to this

20 Section shall, with respect to such bank, be treated and

21 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

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1 exchange, bank checks and promissory notes and other

2 negotiable or commercial paper or instrument, be treated and

3 considered as a Sunday. When any such holidays, except

4 Juneteenth National Freedom Day, fall on Sunday, the Monday

5 next following shall be held and considered such holiday. All

6 notes, bills, drafts, checks or other evidence of

7 indebtedness, falling due or maturing on either of such days,

8 shall be deemed as due or maturing upon the day following, and

9 when 2 or more of these days come together, or immediately

10 succeeding each other, then such instruments, paper or

11 indebtedness shall be deemed as due or having matured on the

12 day following the last of such days.

13 (e) Any act authorized, required or permitted to be

14 performed at or by or with respect to any bank doing business

15 within the State on a day which it has selected to remain

16 closed under this Section may be so performed on the next

17 succeeding business day and no liability or loss of rights of

18 any kind shall result from such delay.

19 (f) Nothing in this Act shall in any manner affect the

20 validity of, or render void or voidable, the payment,

21 certification, or acceptance of a check or other negotiable

22 instrument, or any other transaction by a bank in this State,

23 because done or performed on any Saturday, Sunday, holiday, or

24 any day selected by a bank to remain closed, or during any time

25 other than regular banking hours; but no bank in this State,

26 which by law or custom is entitled to remain open or to close

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