103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5576

 

Introduced 2/9/2024, 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.


LRB103 35096 AWJ 65053 b

 

 

A BILL FOR

 

HB5576LRB103 35096 AWJ 65053 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Commemorative Dates Act is amended by
5adding Section 57 as follows:
 
6    (5 ILCS 490/57 new)
7    Sec. 57. Lunar New Year. The date corresponding with the
8second new moon following the winter solstice, or the third
9new moon following the winter solstice should an intercalary
10month intervene, is a holiday to be observed throughout the
11State and to be known as Lunar New Year. When Lunar New Year
12falls on a Saturday or Sunday, the following Monday shall be
13held and considered the holiday.
 
14    Section 10. The Election Code is amended by changing
15Section 1-6 as follows:
 
16    (10 ILCS 5/1-6)
17    Sec. 1-6. Computing dates of various acts; Saturday,
18Sunday, and holidays.
19    (a) If the first or last day fixed by law to do any act
20required or allowed by this Code falls on a State holiday or a
21Saturday or a Sunday, the period shall extend through the

 

 

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1first business day next following the day otherwise fixed as
2the first or last day, irrespective of whether any election
3authority or local election official conducts business on the
4State holiday, Saturday, or Sunday.
5    (b) For the purposes of this Section, "State holiday"
6means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
7Lunar New Year, Lincoln's Birthday, President's Day, Casimir
8Pulaski's Birthday, Good Friday, Memorial Day, Juneteenth
9National Freedom Day, Independence Day, Labor Day, Columbus
10Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any
11other day from time to time declared by the President of the
12United States or the Governor of Illinois to be a day during
13which the agencies of the State of Illinois that are
14ordinarily open to do business with the public shall be closed
15for business.
16    (c) Notwithstanding any other provision of this Code,
17nominating papers, petitions of objection to nominating
18papers, certificates of withdrawal of candidacy, and reports
19of political committees actually received by election
20authorities and local election officials on a State holiday, a
21Saturday, or a Sunday shall not be deemed invalid or defective
22for 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
25changing 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
3act provided in this Code is to be done shall be computed by
4excluding the first day and including the last, unless the
5last day is Saturday or Sunday or is a holiday, and then it
6shall also be excluded. If the day succeeding a Saturday,
7Sunday, or holiday is also a holiday, a Saturday, or a Sunday,
8then that succeeding day shall also be excluded. For the
9purposes of this Code, "holiday" means: New Year's Day; Dr.
10Martin Luther King, Jr.'s Birthday; Lunar New Year; Lincoln's
11Birthday; President's Day; Memorial Day; Juneteenth National
12Freedom Day; Independence Day; Labor Day; Columbus Day;
13Veterans' Day; Thanksgiving Day; Christmas Day; and any other
14day from time to time declared by the President of the United
15States or the Governor of Illinois to be a day during which the
16agencies of the State of Illinois that are ordinarily open to
17do business with the public shall be closed for business.
18    Notwithstanding any other provision of State law to the
19contrary, November 3, 2020 shall be a State holiday known as
202020 General Election Day and shall be observed throughout the
21State pursuant to this amendatory Act of the 101st General
22Assembly.
23(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
24102-334, eff. 8-9-21.)
 

 

 

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1    Section 20. The School Code is amended by changing Section
224-2 as follows:
 
3    (105 ILCS 5/24-2)
4    Sec. 24-2. Holidays.
5    (a) Teachers shall not be required to teach on Saturdays,
6nor, except as provided in subsection (b) of this Section,
7shall teachers, educational support personnel employees, or
8other school employees, other than noncertificated school
9employees whose presence is necessary because of an emergency
10or for the continued operation and maintenance of school
11facilities or property, be required to work on legal school
12holidays, which are January 1, New Year's Day; the third
13Monday in January, the Birthday of Dr. Martin Luther King,
14Jr.; the date corresponding with the second new moon following
15the winter solstice, or the third new moon following the
16winter solstice should an intercalary month intervene, Lunar
17New Year; February 12, the Birthday of President Abraham
18Lincoln; the first Monday in March (to be known as Casimir
19Pulaski's birthday); Good Friday; the day designated as
20Memorial Day by federal law; June 19, Juneteenth National
21Freedom Day; July 4, Independence Day; the first Monday in
22September, Labor Day; the second Monday in October, Columbus
23Day; November 11, Veterans' Day; the Thursday in November
24commonly called Thanksgiving Day; and December 25, Christmas
25Day. School boards may grant special holidays whenever in

 

 

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1their judgment such action is advisable. No deduction shall be
2made from the time or compensation of a school employee,
3including an educational support personnel employee, on
4account of any legal or special holiday in which that employee
5would have otherwise been scheduled to work but for the legal
6or special holiday.
7    (b) A school board or other entity eligible to apply for
8waivers and modifications under Section 2-3.25g of this Code
9is authorized to hold school or schedule teachers' institutes,
10parent-teacher conferences, or staff development on the third
11Monday in January (the Birthday of Dr. Martin Luther King,
12Jr.); February 12 (the Birthday of President Abraham Lincoln);
13the first Monday in March (known as Casimir Pulaski's
14birthday); the second Monday in October (Columbus Day); and
15November 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
3patriotic, civic, cultural or historical persons, activities,
4or events, are regular school days. Commemorative holidays
5are: January 17 (the birthday of Muhammad Ali), January 28 (to
6be known as Christa McAuliffe Day and observed as a
7commemoration of space exploration), February 15 (the birthday
8of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
9September 11 (September 11th Day of Remembrance), September 17
10(Constitution Day), the school day immediately preceding
11Veterans' Day (Korean War Veterans' Day), October 1 (Recycling
12Day), October 7 (Iraq and Afghanistan Veterans Remembrance
13Day), December 7 (Pearl Harbor Veterans' Day), and any day so
14appointed by the President or Governor. School boards may
15establish commemorative holidays whenever in their judgment
16such action is advisable. School boards shall include
17instruction relative to commemorated persons, activities, or
18events on the commemorative holiday or at any other time
19during the school year and at any point in the curriculum when
20such instruction may be deemed appropriate. The State Board of
21Education shall prepare and make available to school boards
22instructional materials relative to commemorated persons,
23activities, or events which may be used by school boards in
24conjunction with any instruction provided pursuant to this
25paragraph.
26    (d) City of Chicago School District 299 shall observe

 

 

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1March 4 of each year as a commemorative holiday. This holiday
2shall be known as Mayors' Day which shall be a day to
3commemorate and be reminded of the past Chief Executive
4Officers of the City of Chicago, and in particular the late
5Mayor Richard J. Daley and the late Mayor Harold Washington.
6If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
7observed on the following Monday.
8    (e) Notwithstanding any other provision of State law to
9the contrary, November 3, 2020 shall be a State holiday known
10as 2020 General Election Day and shall be observed throughout
11the State pursuant to Public Act 101-642 this amendatory Act
12of the 101st General Assembly. All government offices, with
13the exception of election authorities, shall be closed unless
14authorized to be used as a location for election day services
15or as a polling place.
16    Notwithstanding any other provision of State law to the
17contrary, November 8, 2022 shall be a State holiday known as
182022 General Election Day and shall be observed throughout the
19State under Public Act 102-15.
20    Notwithstanding any other provision of State law to the
21contrary, November 5, 2024 shall be a State holiday known as
222024 General Election Day and shall be observed throughout
23this State pursuant to Public Act 103-467 this amendatory Act
24of the 103rd General Assembly.
25(Source: P.A. 102-14, eff. 1-1-22; 102-15, eff. 6-17-21;
26102-334, eff. 8-9-21; 102-411, eff. 1-1-22; 102-813, eff.

 

 

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15-13-22; 103-15, eff. 7-1-23; 103-395, eff. 1-1-24; 103-467,
2eff. 8-4-23; revised 9-1-23.)
 
3    Section 25. The Promissory Note and Bank Holiday Act is
4amended 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
8State of Illinois upon which day a bank may, but is not
9required to, remain closed:
10    the first day of January (New Year's Day);
11    the third Monday in January (observance of Martin Luther
12King, Jr.'s birthday);
13    the date corresponding with the second new moon following
14the winter solstice, or the third new moon following the
15winter solstice should an intercalary month intervene (Lunar
16New 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
20birthday);
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
24Day);

 

 

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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
8the House of Representatives are held, and any day proclaimed
9by the Governor of this State as a legal holiday. From 12
10o'clock noon to 12 o'clock midnight of each Saturday shall be
11considered a half holiday. In addition to such holidays and
12half-holidays, a bank may select one day of the week to remain
13closed, as provided in subsection (b) of this Section.
14    (b) Any bank doing business within this State may select
15any one day of the week to remain closed on a regular basis
16upon adoption of a resolution by the board of directors of such
17bank designating the day selected and upon filing and
18publishing a copy of such resolution as hereinafter required.
19Any such resolution shall be deemed effective for the purpose
20of this Section only when a copy thereof, certified by an
21officer having charge of the records of such bank, is filed
22with the Recorder of the county in which such bank is located
23and published once each week for 3 successive weeks in a
24newspaper of general circulation in such county. Such
25publication shall be accomplished by, and at the expense of,
26the bank, and the bank shall submit to the Commissioner of

 

 

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1Banks and Real Estate such evidence of the publication as the
2Commissioner shall deem appropriate. Any such selection shall
3remain in full force and effect until a copy of the later
4resolution of the board of directors of such bank, certified
5in like manner, terminating or altering any such prior
6selection shall be filed and published in the same manner as
7such prior resolution.
8    (c) If an occasion arises when a state bank wishes to
9remain closed on a particular day, other than a day on which
10the bank has selected to remain closed on a regular basis as
11provided in this Section, such state bank may remain closed on
12such an occasion after first sending to the Commissioner a
13copy of a resolution adopted by the board of directors
14authorizing the bank to remain closed on such occasion and
15notice of the intent to remain closed on such occasion shall be
16conspicuously posted in the lobby of the main banking office
17and any branches of such bank for at least 3 weeks in advance
18of such occasion. Any day which any bank doing business within
19the State shall select to remain closed pursuant to this
20Section shall, with respect to such bank, be treated and
21considered as a Sunday.
22    (d) All legal holidays, the half holidays and any day
23selected by a bank doing business within the State to remain
24closed, shall, for all purposes whatsoever, as regards the
25presenting for payment or acceptance, the maturity and
26protesting and giving of notice of the dishonor of bills of

 

 

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1exchange, bank checks and promissory notes and other
2negotiable or commercial paper or instrument, be treated and
3considered as a Sunday. When any such holidays, except
4Juneteenth National Freedom Day, fall on Sunday, the Monday
5next following shall be held and considered such holiday. All
6notes, bills, drafts, checks or other evidence of
7indebtedness, falling due or maturing on either of such days,
8shall be deemed as due or maturing upon the day following, and
9when 2 or more of these days come together, or immediately
10succeeding each other, then such instruments, paper or
11indebtedness shall be deemed as due or having matured on the
12day following the last of such days.
13    (e) Any act authorized, required or permitted to be
14performed at or by or with respect to any bank doing business
15within the State on a day which it has selected to remain
16closed under this Section may be so performed on the next
17succeeding business day and no liability or loss of rights of
18any kind shall result from such delay.
19    (f) Nothing in this Act shall in any manner affect the
20validity of, or render void or voidable, the payment,
21certification, or acceptance of a check or other negotiable
22instrument, or any other transaction by a bank in this State,
23because done or performed on any Saturday, Sunday, holiday, or
24any day selected by a bank to remain closed, or during any time
25other than regular banking hours; but no bank in this State,
26which by law or custom is entitled to remain open or to close

 

 

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1for the whole or any part of any day selected by it to remain
2open or to close, is compelled to close, or to remain open for
3the transaction of business or to perform any of the acts or
4transactions aforesaid except at its own option.
5(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)