103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1392

 

Introduced 1/31/2023, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
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 Election Code. Provides that General Election Day (rather than Columbus Day) is a State holiday for the purpose of extending date requirements in the Election Code. Makes similar changes in the Illinois Procurement Code, the School Code, and the Promissory Note and Bank Holiday Act. Effective immediately.


LRB103 25503 BMS 51852 b

 

 

A BILL FOR

 

HB1392LRB103 25503 BMS 51852 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 1-6 as follows:
 
6    (10 ILCS 5/1-6)
7    Sec. 1-6. Computing dates of various acts; Saturday,
8Sunday, and holidays.
9    (a) If the first or last day fixed by law to do any act
10required or allowed by this Code falls on a State holiday or a
11Saturday or a Sunday, the period shall extend through the
12first business day next following the day otherwise fixed as
13the first or last day, irrespective of whether any election
14authority or local election official conducts business on the
15State holiday, Saturday, or Sunday.
16    (b) For the purposes of this Section, "State holiday"
17means New Year's Day, Dr. Martin Luther King, Jr.'s Birthday,
18Lincoln's Birthday, President's Day, Casimir Pulaski's
19Birthday, Good Friday, Memorial Day, Juneteenth National
20Freedom Day, Independence Day, Labor Day, General Election Day
21Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day,
22and any other day from time to time declared by the President
23of the United States or the Governor of Illinois to be a day

 

 

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1during which the agencies of the State of Illinois that are
2ordinarily open to do business with the public shall be closed
3for business.
4    (c) Notwithstanding any other provision of this Code,
5nominating papers, petitions of objection to nominating
6papers, certificates of withdrawal of candidacy, and reports
7of political committees actually received by election
8authorities and local election officials on a State holiday, a
9Saturday, or a Sunday shall not be deemed invalid or defective
10for that reason alone.
11(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)
 
12    Section 10. The Illinois Procurement Code is amended by
13changing Section 15-45 as follows:
 
14    (30 ILCS 500/15-45)
15    Sec. 15-45. Computation of days. The time within which any
16act provided in this Code is to be done shall be computed by
17excluding the first day and including the last, unless the
18last day is Saturday or Sunday or is a holiday, and then it
19shall also be excluded. If the day succeeding a Saturday,
20Sunday, or holiday is also a holiday, a Saturday, or a Sunday,
21then that succeeding day shall also be excluded. For the
22purposes of this Code, "holiday" means: New Year's Day; Dr.
23Martin Luther King, Jr.'s Birthday; Lincoln's Birthday;
24President's Day; Memorial Day; Juneteenth National Freedom

 

 

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1Day; Independence Day; Labor Day; General Election Day
2Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day;
3and any other day from time to time declared by the President
4of the United States or the Governor of Illinois to be a day
5during which the agencies of the State of Illinois that are
6ordinarily open to do business with the public shall be closed
7for business.
8    Notwithstanding any other provision of State law to the
9contrary, November 3, 2020 shall be a State holiday known as
102020 General Election Day and shall be observed throughout the
11State pursuant to this amendatory Act of the 101st General
12Assembly.
13(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
14102-334, eff. 8-9-21.)
 
15    Section 15. The School Code is amended by changing Section
1624-2 as follows:
 
17    (105 ILCS 5/24-2)  (from Ch. 122, par. 24-2)
18    Sec. 24-2. Holidays.
19    (a) Teachers shall not be required to teach on Saturdays,
20nor, except as provided in subsection (b) of this Section,
21shall teachers or other school employees, other than
22noncertificated school employees whose presence is necessary
23because of an emergency or for the continued operation and
24maintenance of school facilities or property, be required to

 

 

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1work on legal school holidays, which are January 1, New Year's
2Day; the third Monday in January, the Birthday of Dr. Martin
3Luther King, Jr.; February 12, the Birthday of President
4Abraham Lincoln; the first Monday in March (to be known as
5Casimir Pulaski's birthday); Good Friday; the day designated
6as Memorial Day by federal law; June 19, Juneteenth National
7Freedom Day; July 4, Independence Day; the first Monday in
8September, Labor Day; the first Tuesday after the first Monday
9in November, General Election Day the second Monday in
10October, Columbus Day; November 11, Veterans' Day; the
11Thursday in November commonly called Thanksgiving Day; and
12December 25, Christmas Day. School boards may grant special
13holidays whenever in their judgment such action is advisable.
14No deduction shall be made from the time or compensation of a
15school employee on account of any legal or special holiday.
16    (b) A school board or other entity eligible to apply for
17waivers and modifications under Section 2-3.25g of this Code
18is authorized to hold school or schedule teachers' institutes,
19parent-teacher conferences, or staff development on the third
20Monday in January (the Birthday of Dr. Martin Luther King,
21Jr.); February 12 (the Birthday of President Abraham Lincoln);
22the first Monday in March (known as Casimir Pulaski's
23birthday); the first Tuesday after the first Monday in
24November (General Election Day) the second Monday in October
25(Columbus Day); and November 11 (Veterans' Day), provided
26that:

 

 

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1        (1) the person or persons honored by the holiday are
2    recognized through instructional activities conducted on
3    that day or, if the day is not used for student attendance,
4    on the first school day preceding or following that day;
5    and
6        (2) the entity that chooses to exercise this authority
7    first holds a public hearing about the proposal. The
8    entity shall provide notice preceding the public hearing
9    to both educators and parents. The notice shall set forth
10    the time, date, and place of the hearing, describe the
11    proposal, and indicate that the entity will take testimony
12    from educators and parents about the proposal.
13    (c) Commemorative holidays, which recognize specified
14patriotic, civic, cultural or historical persons, activities,
15or events, are regular school days. Commemorative holidays
16are: January 17 (the birthday of Muhammad Ali), January 28 (to
17be known as Christa McAuliffe Day and observed as a
18commemoration of space exploration), February 15 (the birthday
19of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
20September 11 (September 11th Day of Remembrance), the school
21day immediately preceding Veterans' Day (Korean War Veterans'
22Day), October 1 (Recycling Day), October 7 (Iraq and
23Afghanistan Veterans Remembrance Day), December 7 (Pearl
24Harbor Veterans' Day), and any day so appointed by the
25President or Governor. School boards may establish
26commemorative holidays whenever in their judgment such action

 

 

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1is advisable. School boards shall include instruction relative
2to commemorated persons, activities, or events on the
3commemorative holiday or at any other time during the school
4year and at any point in the curriculum when such instruction
5may be deemed appropriate. The State Board of Education shall
6prepare and make available to school boards instructional
7materials relative to commemorated persons, activities, or
8events which may be used by school boards in conjunction with
9any instruction provided pursuant to this paragraph.
10    (d) City of Chicago School District 299 shall observe
11March 4 of each year as a commemorative holiday. This holiday
12shall be known as Mayors' Day which shall be a day to
13commemorate and be reminded of the past Chief Executive
14Officers of the City of Chicago, and in particular the late
15Mayor Richard J. Daley and the late Mayor Harold Washington.
16If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
17observed on the following Monday.
18    (e) Notwithstanding any other provision of State law to
19the contrary, November 3, 2020 shall be a State holiday known
20as 2020 General Election Day and shall be observed throughout
21the State pursuant to this amendatory Act of the 101st General
22Assembly. All government offices, with the exception of
23election authorities, shall be closed unless authorized to be
24used as a location for election day services or as a polling
25place.
26    Notwithstanding any other provision of State law to the

 

 

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1contrary, November 8, 2022 shall be a State holiday known as
22022 General Election Day and shall be observed throughout the
3State under Public Act 102-15.
4(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
5102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
61-1-22; 102-813, eff. 5-13-22.)
 
7    Section 20. The Promissory Note and Bank Holiday Act is
8amended by changing Section 17 as follows:
 
9    (205 ILCS 630/17)  (from Ch. 17, par. 2201)
10    Sec. 17. Holidays.
11    (a) The following days shall be legal holidays in the
12State of Illinois upon which day a bank may, but is not
13required to, remain closed:
14    the first day of January (New Year's Day);
15    the third Monday in January (observance of Martin Luther
16King, Jr.'s birthday);
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 first Tuesday after the first Monday in November
4(General Election Day);
5    the second Monday in October (Columbus Day);
6    the eleventh day of November (Veterans' Day);
7    the fourth Thursday in November (Thanksgiving Day);
8    the twenty-fifth day in December (Christmas Day);
9    the days upon which the general elections for members of
10the House of Representatives are held, and any day proclaimed
11by the Governor of this State as a legal holiday. From 12
12o'clock noon to 12 o'clock midnight of each Saturday shall be
13considered a half holiday. In addition to such holidays and
14half-holidays, a bank may select one day of the week to remain
15closed, as provided in subsection (b) of this Section.
16    (b) Any bank doing business within this State may select
17any one day of the week to remain closed on a regular basis
18upon adoption of a resolution by the board of directors of such
19bank designating the day selected and upon filing and
20publishing a copy of such resolution as hereinafter required.
21Any such resolution shall be deemed effective for the purpose
22of this Section only when a copy thereof, certified by an
23officer having charge of the records of such bank, is filed
24with the Recorder of the county in which such bank is located
25and published once each week for 3 successive weeks in a
26newspaper of general circulation in such county. Such

 

 

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

 

 

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

 

 

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1other than regular banking hours; but no bank in this State,
2which by law or custom is entitled to remain open or to close
3for the whole or any part of any day selected by it to remain
4open or to close, is compelled to close, or to remain open for
5the transaction of business or to perform any of the acts or
6transactions aforesaid except at its own option.
7(Source: P.A. 102-14, eff. 1-1-22; 102-334, eff. 8-9-21.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.