NHRLA

NHRLA Legislative Update
April 2023

The following report is from NHRLA Lobbyist, Curtis Barry of The Dupont Group.

Did You Know?

The lumber and building materials industry employs nearly 17,500 people in N.H.

Lobby Day

In 2023, NHRLA hosted its first biannual Lunch with Legislators event. Get the recap here.

Housing

Several housing-related bills have received favorable votes in the Senate

SB 145 relative to New Hampshire housing champion designation for municipalities and making appropriations therefor, would include a housing production municipal grant program and a housing infrastructure municipal grant and loan program.

SB 202, relative to establishing a homeownership innovations fund in the New Hampshire housing finance authority, would create a fund to be used to make grants and for the purpose of fostering innovations in the development and financing of affordable entry-level homeownership, including low-cost and highly sustainable sources of energy and energy efficiency.

SB 231, relative to housing opportunity zones and inclusionary zoning, would establish a historic housing tax credit and makes appropriations to the Department of Health and Human Services to support emergency shelter programs, and makes appropriations to the Housing Finance Authority and the Department of Business and Economic Affairs to support workforce housing and affordable housing.

These three, because they contain programs that spend money, are likley to be incorporated into the Senate’s version of the state’s two-year operating budget.

SB 224, relative to housing opportunity zones and inclusionary zoning, was kept in committee in the Senate until next year.

Compensation for Paid Time Off

Update: HB 74 Relative to An Employee’s Unused Earned Time – This bill, which is now in the Senate, had a public hearing recently in the Commerce Committee.

This bill would establish that the terms “earned time,” “vacation” or “vacation time,” and “paid time off” shall be considered compensation and therefore constitute wages due, and further establishes that “sick time” or “sick days” shall not be considered as wages due.

The bill further would 1. require employers of 15 or more to inform employees of any policy regarding accrual or use of unused earned time and any limits on accrual or use and stipulates “In the absence of an accrual system, earned time shall be paid on a prorated basis”. 2. Provide a means through which earned time requests and approvals are processed 3. Provide employees with an accounting of earned time used and unused earned time remaining.

Lastly, the bill would provide that “An employee who leaves in good standing, or whose termination is the result of a layoff, shall be paid for unused earned time no later than the next regular pay period. “
Though the bill’s sponsors have made concessions over the several years they’ve promoted the concept, it still faces opposition, particularly from industries that employ seasonal workers who lay off employees when the busy season and retain the accrued hours as incentive for the employee to return for the following work season.

At the Senate’s public hearing, the bill was opposed by numerous entities including private sector, government, and non-profit health care entities. Seasonal employers, including AGC, opposed the bill as it doesn’t reflect current practice of using accrued PTO as incentive to return to the company the next season. Additionally, opponents pointed out that the bill would establish in N.H. Statute for the first time that accrued time off (personal, sick, etc.) is deemed “compensation”. Another issue raised is what happens in the sale of a business relative to assumption of liabilities/debts. It was noted that if there is no documentation supporting the assumption of the liability then the Dept of Labor would have to seek the accrued time payment from the seller, which they indicated is not easy to do.

The bill faces an uphill battle in the Senate.

House Count Tote Board: Another resignation due to illness, this time by a Republican, leaves the membership at 200 R and 196 D with 4 vacancies. Some special elections are in the works.

Did You Know?

The lumber and building materials industry employs nearly 17,500 people in N.H.

Lobby Day

NHRLA is hosting a lunch with legislators on the NH State House Plaza on Thursday, June 15. Register Here to attend.