Bill Text: NJ A4773 | 2020-2021 | Regular Session | Introduced


Bill Title: Removes Election Day as State and public holiday.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-10-08 - Introduced, Referred to Assembly State and Local Government Committee [A4773 Detail]

Download: New_Jersey-2020-A4773-Introduced.html

ASSEMBLY, No. 4773

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 8, 2020

 


 

Sponsored by:

Assemblyman  HAROLD "HAL" J. WIRTHS

District 24 (Morris, Sussex and Warren)

Assemblyman  BRIAN BERGEN

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblyman Space and Assemblywoman DiMaso

 

 

 

 

SYNOPSIS

     Removes Election Day as a State and public holiday.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning legal holidays and amending P.L.2008, c.89 and R.S.36:1-1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 25 of P.L.2008, c.89 (C.11A:6-24.1) is amended to read as follows:

     25.  [a.] Paid holidays granted to all State government employees each calendar year shall be limited to the following:

     (1)   January 1, known as New Year's Day;

     (2)   the third Monday in January, known as Martin Luther King's Birthday;

     (3)   the third Monday in February, known as Washington's Birthday, which shall be known and celebrated as Presidents Day in this State;

     (4)   the day designated and known as Good Friday;

     (5)   the last Monday in May, known as Memorial Day;

     (6)   the third Friday in June, Juneteenth Day;

     (7)   July 4, known as Independence Day;

     (8)   the first Monday in September, known as Labor Day;

     (9)   the second Monday in October, known as Columbus Day;

     (10) November 11, known as Armistice Day or Veterans' Day;

     (11) the fourth Thursday in November, known as Thanksgiving Day; and

     (12) December 25, known as Christmas Day[; and

     (13) any general election day in this State.

     b.    The provisions of this section shall not impair any collective bargaining agreement or contract in effect on the effective date of P.L.2008, c.89.  The provision of this section shall take effect in the calendar year following the expiration of the collective bargaining agreements or contracts covering a majority of the Executive Branch employees in effect on the effective date of P.L.2008, c.89].

(cf: P.L.2020, c.76, s.1)

 

     2.    R.S.36:1-1 is amended to read as follows:

     36:1-1.  a.  The following days in each year shall, for all purposes whatsoever as regards the presenting for payment or acceptance, and of the protesting and giving notice of dishonor, of bills of exchange, bank checks and promissory notes be treated and considered as the first day of the week, commonly called Sunday, and as public holidays, except as provided under subsection d. of this section: January 1, known as New Year's Day; the third Monday in January, known as Martin Luther King's Birthday; February 12, known as Lincoln's Birthday; the third Monday in February, known as Washington's Birthday; the day designated and known as Good Friday; the last Monday in May, known as Memorial Day; the third Friday in June, Juneteenth 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; November 11, known as Armistice Day or Veterans' Day; the fourth Thursday in November, known as Thanksgiving Day; December 25, known as Christmas Day; [any general election day in this State;] every Saturday; and any day heretofore or hereafter appointed, ordered or recommended by the Governor of this State, or the President of the United States, as a day of fasting and prayer, or other religious observance, or as a bank holiday or holidays.  All such bills, checks and notes, otherwise presentable for acceptance or payment on any of the days herein enumerated, shall be deemed to be payable and be presentable for acceptance or payment on the secular or business day next succeeding any such holiday.

     b.    Whenever any of the days herein enumerated can and shall fall on a Sunday, the Monday next following shall, for any of the purposes herein enumerated be deemed a public holiday, except as provided under subsection d. of this section; and bills of exchange, checks and promissory notes which otherwise would be presentable for acceptance or payment on such Monday shall be deemed to be presentable for acceptance or payment on the secular or business day next succeeding such holiday.

     c.     In construing this section, every Saturday shall, until 12 o'clock noon, be deemed a secular or business day, except as is hereinbefore provided in regard to bills of exchange, bank checks and promissory notes, and the days herein enumerated except bank holidays and Saturdays shall be considered as the first day of the week, commonly called Sunday, and public holidays, for all purposes whatsoever as regards the transaction of business in the public offices of this State, or counties of this State, except as provided under subsection d. of this section; but on all other days or half days, except Sunday or as otherwise provided by law, such offices shall be kept open for the transaction of business.

     d.    Notwithstanding the provisions of subsections a. through c. of this section, when the provisions of this subsection take effect, the following day each calendar year shall not be considered a public holiday for the purposes of conducting State government business:

     February 12, known as Lincoln's Birthday.

     All public offices of State government in this State shall be open on this day for the transaction of business.

(cf: P.L.2020, c.76, s.2)

 

     3.    This act shall take effect immediately.

STATEMENT

 

     This bill removes Election Day as a State and public holiday.

     The designation of the third Friday in June each year as Juneteenth Day has added additional financial considerations.  It is estimated that the additional holiday will add $3 million dollars each year to the State's costs for overtime costs in the Department of Corrections, Department of Human Services, Department of Military and Veterans' Affairs, and the Juvenile Justice Commission.  The additional holiday would also lead to an increase in costs for local and county governments.  The increase in costs could potentially result in higher property taxes for the communities.

     It is the sponsor's belief that removing Election Day would save the State more money than the addition of Juneteenth Day would cost.  Election Day, while a State and public holiday, still requires various State, county, and district employees to work to ensure a fair, accurate, and secure election.  For example, municipal clerk offices are required to be open on Election Day from 6am to 8pm.  In addition, the Superior Court assignment judge for each county is required to work during an election to ensure a fair process.  Removing Election Day would also lead to savings for local and county governments.

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