Illinois 2023-2024 Regular Session

Illinois House Bill HB5576 Latest Draft

Bill / Introduced Version Filed 02/09/2024

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5576 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 5 ILCS 490/57 new10 ILCS 5/1-630 ILCS 500/15-45105 ILCS 5/24-2205 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. LRB103 35096 AWJ 65053 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5576 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:  5 ILCS 490/57 new10 ILCS 5/1-630 ILCS 500/15-45105 ILCS 5/24-2205 ILCS 630/17 from Ch. 17, par. 2201 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.  LRB103 35096 AWJ 65053 b     LRB103 35096 AWJ 65053 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5576 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
5 ILCS 490/57 new10 ILCS 5/1-630 ILCS 500/15-45105 ILCS 5/24-2205 ILCS 630/17 from Ch. 17, par. 2201 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
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

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5576 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
5 ILCS 490/57 new10 ILCS 5/1-630 ILCS 500/15-45105 ILCS 5/24-2205 ILCS 630/17 from Ch. 17, par. 2201 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
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

 

 

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



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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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