Committee Summary for Senate Commerce (02/18/2025)

Bill/Time	Type	Title	Sponsor
SB169 00:04:17.120 - 8:32:13 AM	Public Hearing	requiring employers to provide certain information regarding cost sharing to employees receiving workers' compensation benefits.	Rosenwald, Cindy(D)[CT]2024
SB171 00:16:50.279 - 8:44:46 AM	Public Hearing	relative to required pay for remote work.	Ricciardi, Denise(R)[C-]2024
SB177 00:32:27.360 - 9:00:23 AM	Public Hearing	relative to requiring New Hampshire employers with over 25 employees use the E-Verify system.	Gannon, Bill(R)[C+]2024
SB176 00:54:37.400 - 9:22:33 AM	Public Hearing	relative to the state minimum hourly rate.	Altschiller, Debra(D)[CT]2024
SB172 01:33:05.520 - 10:01:01 AM	Public Hearing	banning certain contract provisions from being enforced against advanced practice registered nurses.	Prentiss, Suzanne(D)[F]2024

SB169: Cindy Rosenwald, Senator representing Nashua Support00:04:17.120 - 8:32:13 AM; Senator Rosenwald introduced Senate Bill 169, which aims to improve transparency for individuals receiving workers' compensation benefits. She explained that workers often face unexpected debts upon returning to work due to duplicated payments from their employer and insurance carrier. The bill seeks to address this by requiring employers to communicate obligations to employees within 30 days of a long-term injury and every 30 days thereafter, helping employees plan for any owed amounts without shifting any costs.
SB169: Brian Will, President of the Professional Firefighters of New Hampshire Support00:08:00.360 - 8:35:56 AM; Brian Will supported Senate Bill 169, emphasizing its importance for transparency and communication. He shared that firefighters often face long-term injuries and upon returning to work, are informed of owed amounts due to duplicated payments. The bill, as he explained, would require employers to notify employees within 30 days of an injury and every 30 days thereafter, aiding in better financial planning without changing the owed amount.
SB169: Danielle Albert, Deputy Commissioner of the New Hampshire Department of Labor Information Only00:11:30.440 - 8:39:26 AM; Danielle Albert provided a neutral stance on Senate Bill 169, highlighting technical points related to the proposed language. She explained that the term 'supplemental pay' is not defined in the workers' compensation statute and could apply to salary continuation or the difference between indemnity benefits and the average weekly wage. She noted that these payments would be considered wages under RSA 275, which already has provisions for notification and record keeping. Albert suggested considering these existing laws in the implementation of the bill and mentioned the potential for civil penalties if employers do not comply with notification requirements.
SB171: Denise Ricciardi, Senator representing Bedford to Hinsdale Support00:16:50.279 - 8:44:46 AM; Senator Ricciardi introduced Senate Bill 171, aimed at modernizing labor laws to accommodate remote work. The bill exempts remote workers from certain reporting time pay requirements traditionally applicable to in-person work, aiming to support workforce flexibility while ensuring fair compensation.
SB171: John Garrian, General Counsel at the Department of Labor, with Deputy Commissioner Danielle Albert Information Only00:18:37.240 - 8:46:33 AM; John Garrian from the Department of Labor, along with Deputy Commissioner Danielle Albert, provided a neutral stance on Senate Bill 171. They noted that the term 'physical location' is not defined in the bill, which could lead to confusion in its enforcement. They explained that typically, the place of work is considered wherever the work is performed, whether at an employer's location, at home, or an off-site location. They expressed concerns about potential discrepancies if the intent of the bill is to exclude teleworking from the two-hour minimum pay rule, especially in cases where work is performed at a client's site rather than the employer's location. They recommended clarification on the definition of 'physical location' to enhance enforceability and set clear expectations for employers.
SB171: Alison Moto, Co-founder of Blue Lion HR Consulting Firm, New Hampshire Support00:20:42.120 - 8:48:38 AM; Alison Moto, co-founder of Blue Lion HR Consulting Firm, expressed support for Senate Bill 171. She highlighted the challenges employers face due to varying interpretations of the current law by different directors of the Department of Labor. Moto emphasized the need for clarity in the law, especially for remote workers who might perform brief tasks like answering emails on weekends. She argued that the proposed update to RSA 275:43 would align with modern work practices and prevent financial burdens on businesses. She also discussed her interpretation of the two-hour minimum rule as a protective measure for employees, particularly in industries like hospitality, and stressed the necessity of amending the law to reflect the realities of remote work in a post-COVID era.
SB171: Mike Summers, President & CEO of the New Hampshire Lodging and Restaurant Association Support00:26:27.559 - 8:54:23 AM; Mike Summers, representing the New Hampshire Lodging and Restaurant Association, supported Senate Bill 171. He explained that the bill was designed to address situations where employees incur personal expenses to travel to work but are then sent home. He highlighted the shifting interpretations of remote work's applicability to the two-hour minimum pay rule and stressed the need for clarity. Summers argued that employees working from home with minimal expense should not be compensated the same as those who travel to work. He emphasized the importance of compensating employees for actual work performed, even if it's brief, but not for time where no work is done.
SB177: Joshua Shower, Legislative Aide for Senator Ganon Information Only00:32:27.360 - 9:00:23 AM; Joshua Shower, on behalf of Senator Ganon, introduced Senate Bill 177, which mandates that New Hampshire businesses with more than 25 employees use the E-Verify system. He explained that E-Verify compares the I-9 form with federal records to ensure legal employment eligibility. If there is a mismatch, the employee can continue working while resolving the issue for up to eight days. Shower mentioned that E-Verify is used in 23 states and helps reduce illegal immigration by deterring unauthorized employment.
SB177: Pam Brown, Representative from Kingston and East Kingston Support00:34:01.240 - 9:01:57 AM; Representative Pam Brown, co-sponsor of Senate Bill 177, expressed support for the bill, emphasizing its importance in addressing illegal immigration. She noted that 10 states require E-Verify for most employers, and it helps maintain a legal workforce by preventing the employment of unauthorized workers. Brown highlighted that E-Verify is provided free of charge by US Citizenship and Immigration Services and is endorsed by Numbers USA as a critical step in curbing illegal hiring. She believes the bill is common sense legislation.
SB177: John Garrian, General Counsel at the Department of Labor, with Deputy Commissioner Danielle Albert Information Only00:38:16.599 - 9:06:12 AM; John Garrian, with Deputy Commissioner Danielle Albert, provided a neutral stance on Senate Bill 177. The Department of Labor does not currently use E-Verify but checks employer records for I-9 compliance. Garrian noted that the bill includes a civil penalty structure but does not exempt it from the 30-day warning and correction period required by RSA 273:11-a. He offered to work with the committee on language to potentially exempt the bill from this warning procedure, similar to existing provisions for I-9 violations, to enhance enforcement.
SB177: Unnamed Speaker Information Only00:40:01.000 - 9:07:57 AM; The speaker inquired about the existing provisions in New Hampshire law for auditing employers' compliance with I9 requirements. They asked if there were frequent issues with I9 compliance in New Hampshire, to which it was confirmed that there are consistent problems, and civil penalties are assessed regularly. The discussion also touched on whether these issues are more prevalent among smaller or larger employers, clarifying that the current law applies to all employers, but the proposed E-Verify system would only apply to employers with 25 or more employees.
SB177: Unnamed Speaker Information Only00:40:46.640 - 9:08:42 AM; The speaker expressed concerns about the potential burden on the Department of Labor due to the responsibilities outlined in the bill, including investigating complaints, issuing subpoenas, maintaining a public database, and enforcing penalties. They questioned whether the department has the necessary funds to fulfill these duties. The response highlighted that the department's fiscal note did not indicate a need for additional funding, given the current structure of the Inspection Division and the Hearings Bureau.
SB177: Unnamed Speaker Information Only00:42:19.440 - 9:10:15 AM; The speaker raised concerns about the potential for abuse of the complaint system due to the allowance of anonymous complaints, which could lead to increased caseloads from malicious or frivolous reports. The response acknowledged the concern but noted the difficulty in predicting the volume of such complaints and their impact on department staffing and costs.
SB177: Unnamed Speaker Information Only00:43:05.359 - 9:11:01 AM; The speaker asked about the specific RSA that allows the Department of Labor to audit I9 compliance, which was identified as RSA 275a, section 4.
SB177: Unnamed Speaker Information Only00:43:42.599 - 9:11:38 AM; The speaker inquired if the proposed electronic E-Verify process would simplify auditing and potentially reduce civil penalties by improving compliance. The response indicated that while E-Verify might help employers demonstrate compliance, it was uncertain whether it would reduce violations or simplify the investigative process, as both the paper I9 and E-Verify would need to be maintained.
SB177: Alison Miloto, Blue Lion Consulting Oppose00:46:02.000 - 9:13:58 AM; Alison Miloto, co-founder of Blue Lion Consulting, spoke in opposition to the bill, representing small employers in New Hampshire. She highlighted the increased administrative burden, potential security risks due to entering private information into an electronic system, and the imperfections of E-Verify that could lead to misidentification and legal issues. She also argued that the system would not prevent the hiring of undocumented workers using fraudulent documents, as those who knowingly hire such workers would likely bypass the system.
SB177: Unnamed Speaker Information Only00:48:44.640 - 9:16:40 AM; The speaker asked about the use of forged documents to satisfy I9 requirements. Alison Miloto responded that forged documents are used, and even if E-Verify confirms the legality of the entered information, it cannot verify the identity of the person physically present.
SB177: Peggy Gilmore, Chamber of Commerce of Greater Nashua Oppose00:51:23.280 - 9:19:19 AM; Peggy Gilmore, representing the Chamber of Commerce of Greater Nashua, expressed concerns about the bill imposing a state mandate on employers. She noted that employers already have the option to use E-Verify and argued for maintaining flexibility for businesses to manage their operations without additional mandates, especially when the existing system is not significantly broken.
SB176: Senator Deborah Aler, representing the Seacoast towns of Exeter, Stratham, Greenland, Rye, Hampton, North Hampton, and Hampton Falls in District 24 Support00:54:37.400 - 9:22:33 AM; Senator Aler introduced Senate Bill 176, which proposes establishing a state minimum wage and gradually increasing it from the current federal rate of $7.25 per hour to $12 by September 1, 2025, and to $15 by July 1, 2026. She provided context by discussing the history of the federal minimum wage and argued that New Hampshire should have a state minimum wage due to the higher cost of living and economic security needs. She highlighted the benefits to the local economy, including increased consumer spending, reduced reliance on public assistance, and lower employee turnover. She also addressed the competitive pressure from neighboring states with higher minimum wages, suggesting that without a state minimum wage, New Hampshire risks becoming a regional outlier and losing workforce to neighboring states. She emphasized the need for a state minimum wage to prevent exploitation and to ensure that workers are not kept in poverty wages, which shifts the burden of basic needs onto taxpayers through social services.
SB176: Senator Richard Information Only01:00:05.440 - 9:28:01 AM; Senator Richard commented on the effectiveness of market forces in setting wage rates, noting that he believes New Hampshire is doing well without a mandated minimum wage increase. He referenced observing a business in a food court offering $20 per hour for a position, suggesting that wages in New Hampshire are already competitive.
SB176: Unnamed Senator Information Only01:00:12.200 - 9:28:08 AM; The senator raised concerns about predatory business practices and the inability of some employees to advocate for higher wages due to lack of education or power. They supported Senator Aler's argument that market forces do not always benefit the lowest-paid workers and mentioned the need for a minimum wage to correct this imbalance.
SB176: Senator Murphin Information Only01:03:19.599 - 9:31:15 AM; Senator Murphin shared their experience as an employer, noting that their lowest-paid employee, a 16-year-old dishwasher, makes $16.50 per hour. They questioned the impact of the bill, expressing skepticism about encountering anyone making the federal minimum wage and challenging the notion that a minimum wage increase is necessary, given their personal experience with wage rates.
SB176: David Trumble, from the town of Weare Support01:05:11.720 - 9:33:07 AM; David Trumble supported the bill, emphasizing the importance of economic dignity and highlighting that New Hampshire is out of step with other states in terms of minimum wage. He cited statistics showing that many workers, particularly women, would benefit from a wage increase, and discussed the link between minimum wage and food insecurity. He argued that raising the minimum wage would boost local economies and reduce turnover, citing studies and examples from other states. He also addressed the role of government in economic policy and the need to support lower-income workers, not just the wealthy.
SB176: Reverend Gail Kenny, New Hampshire United Church of Christ Support01:11:12.000 - 9:39:08 AM; Reverend Kenny spoke on behalf of the United Church of Christ, advocating for the reinstatement of a state minimum wage in New Hampshire. She emphasized the moral imperative of ensuring a living wage, arguing that the minimum wage was originally intended to be a basic wage to allow workers to live. She highlighted that the proposed bill would not affect employers already paying above the proposed rate and stressed the need for a state minimum wage to correct market failures. She noted the significant number of workers, particularly women, who are not earning a living wage and urged the committee to pass the bill to address economic anxiety among these workers.
SB176: Claudia Estelle, member of the Economic Justice Ministry of the New Hampshire Conference of the United Church of Christ Support01:17:25.360 - 9:45:21 AM; Claudia Estelle supported the bill from a faith perspective, arguing that every worker deserves a living wage to cover basic needs. She discussed the historical purpose of the minimum wage as a living wage and provided statistics showing the inadequacy of the current federal minimum wage in New Hampshire. She highlighted the challenges faced by low-wage workers, including teenagers who work out of necessity, and stressed the need to raise the minimum wage to address economic disparities. She also criticized businesses that rely on public assistance to supplement low wages and urged the committee to pass the bill.
SB176: Alis Milotto, representing Blue Line, an HR Consulting company in New Hampshire Information Only01:26:59.119 - 9:54:55 AM; Alis Milotto presented a neutral stance on the bill, focusing on providing factual information about the labor market in New Hampshire. They noted the absence of a state income tax in New Hampshire as a factor affecting wage competitiveness and highlighted the low unemployment rate, suggesting a competitive labor market. Milotto acknowledged the issue of poverty but questioned whether raising the minimum wage is the sole solution, citing potential increases in costs, such as child care, as a consequence. They emphasized the need to consider the broader economic implications of such a policy change.
SB172: Susanne Apprentice, State Senator from District 5 representing communities in Grafton, Sullivan, and Merrimack Counties Support01:33:05.520 - 10:01:01 AM; Senator Apprentice introduced Senate Bill 172, which proposes to amend RSA 326 b45 of the Nurse Practice Act. The amendment aims to extend the current unenforceability of non-compete clauses to cover not only nurses but also advanced practice registered nurses, specifically nurse practitioners. She highlighted the crucial role of nurse practitioners in providing primary care in New Hampshire, addressing the state's shortage of primary care providers. She emphasized the need for clarity in the law to ensure that nurse practitioners are covered under the non-compete provisions, regardless of whether they are practicing under their RN or APRN license, to enhance workforce mobility and access to healthcare.
SB172: Kim Mohan, Executive Director of the New Hampshire Nurse Practitioner Association Support01:37:39.239 - 10:05:35 AM; Kim Mohan supported Senator Apprentice's testimony, focusing on clarifying the scope of the bill to include all Advanced Practice Registered Nurses (APRNs), not just nurse practitioners. She provided an infographic to the committee members to illustrate the different categories of APRNs, including nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists. Mohan stressed the necessity of the bill to ensure that all APRNs are protected under the non-compete clause, addressing the ambiguity in the current statute and the dual licensing requirement for APRNs in New Hampshire.
SB172: Brian Chirichello, former Rockingham County Commissioner Support01:41:37.520 - 10:09:33 AM; Brian Chirichello spoke in favor of Senate Bill 172, drawing from his experience with nursing staff in Rockingham County. He recounted issues with non-compete clauses that prevented nurses, including traveling nurses, from working for the county despite shortages and interest from the nurses to stay. Chirichello supported the bill's intent to remove such barriers, believing it would help address the nursing shortage by allowing greater mobility for nurses and nurse practitioners.

Innis, Daniel(Chairman)(R)[C+]2024	Ricciardi, Denise(V Chairman)(R)[C-]2024	Murphy, Keith(R)[B+]2024
Fenton, Donovan(D)[F]2024	McGough, Tim(R)	Reardon, Tara(D)