HB 1213-FN - AS INTRODUCED
2022 SESSION
22-2193
11/05
HOUSE BILL 1213-FN
AN ACT relative to legal holidays.
SPONSORS: Rep. Read, Rock. 17; Rep. Horrigan, Straf. 6; Rep. Vann, Hills. 24; Rep. Oxenham, Sull. 1; Rep. M. King, Hills. 33; Sen. Watters, Dist 4
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill clarifies the effect of designating a day a legal holiday and makes the day on which the state primary preceding a biennial election is held a legal holiday.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2193
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to legal holidays.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legal Holidays; Primary and General Election Day. Amend RSA 288:1 to read as follows:
288:1 Holidays. January 1; the third Monday in January, known as Martin Luther King, Jr. Civil Rights Day; the third Monday in February, known as Washington's Birthday; the last Monday in May, known as Memorial Day or, on a date to coincide with the federal observance if it is held on a different day; July 4, known as Independence Day; the first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; the day on which the state primary preceding a biennial election is held; the day on which the biennial election is held; November 11, known as Veterans Day; Thanksgiving Day, whenever appointed; and Christmas Day are legal holidays.
2 New Section; Effect of Legal Holiday Designation. Amend RSA 288 by inserting after section 1 the following new section:
288:1-a Effect of Legal Holiday Designation.
I. Any state office, city, town, school district, and community college or university which is supported by the state, shall not be open for regular purposes on a legal holiday, as established in RSA 288:1. This section shall not apply to employees of such governmental units that, if so deemed by such governmental units, are necessary to carry out essential governmental services, including the primary and general elections. Nothing in this section shall prevent the designation of an alternative holiday or leave schedule pursuant to statute or the terms of a collective bargaining agreement.
II. All other employers shall, when practicable, allow employees up to 3 hours away from work to cast ballots in biennial primary and general election days.
3 Effective Date. This act shall take effect 60 days after its passage.
22-2193
10/25/21
HB 1213-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to legal holidays.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Various Sources | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill establishes the State Primary Election Day as a legal holiday and provides that any state office, city, town, school district, and community college or university, which is supported by the state, shall not be open for any legal holidays listed in RSA 288:1. The Department of Administrative Services states that requiring all state agencies to be closed on legal holidays means State offices would be closed an additional day every odd number calendar year (Columbus Day) and additional three days every even numbered calendar year (Columbus Day, the State Primary and the General Elections). The Department assumes based on the cost of just the holiday pay afforded to all full-time State employees, the indirect cost could be up to $2 million per holiday per a fiscal year. The indirect cost is based on the value of wages associated with holidays as a proxy of lost productivity of employees who otherwise would have been working, but due to State office being closed due to the new holidays.
The New Hampshire Municipal Association (NHMA) states there may be an effect on municipal expenditures, as some municipalities would likely need to rearrange employee work schedules to accommodate the changes. Further, municipalities with collective bargaining agreements may be affected if their agreements contain provisions relative to working on legal holidays. Because personnel policies and collective bargaining agreements vary significantly among municipalities, NHMA is unable to determine the overall impact on municipal expenditures.
The New Hampshire Association of Counties states there would be an indeterminable increase on county expenditures. The cost for all ten counties for an employee having one paid day off is $950,000.
AGENCIES CONTACTED:
Department of Administrative Services, New Hampshire Municipal Association and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2022 | House | Hearing |
| Jan. 11, 2022 | House | Floor Vote |
Feb. 17, 2022: Referred to Finance 02/16/2022
Feb. 16, 2022: Inexpedient to Legislate: MA VV 02/16/2022 HJ 3
Jan. 25, 2022: Committee Report: Inexpedient to Legislate (Vote 17-0; CC)
Jan. 11, 2022: Public Hearing: 01/11/2022 1:15 p.m. LOB302-304
Nov. 18, 2021: Introduced 01/05/2022 and referred to Executive Departments and Administration