Bill Text - HB1555 (2020)

(New Title) establishing a committee to study increasing wages, educational opportunities, and the corresponding impact on recidivism among prisoners incarcerated in a state correctional facility who work at or under the supervision of such facility


Revision: Dec. 3, 2019, 11:28 a.m.

HB 1555-FN-LOCAL - AS INTRODUCED

 

 

2020 SESSION

20-2343

04/05

 

HOUSE BILL 1555-FN-LOCAL

 

AN ACT requiring prisoners to be paid the applicable minimum wage.

 

SPONSORS: Rep. Thompson, Ches. 14; Rep. Wilhelm, Hills. 42; Rep. Oxenham, Sull. 1

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires that a prisoner incarcerated in a state correctional facility who works in certain jobs at such facility shall be paid one-half of the state minimum hourly rate or the federal minimum wage, whichever is higher, and the amount earned above the basic pay for that job shall only be used for vocational or postsecondary education.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2343

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT requiring prisoners to be paid the applicable minimum wage.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Minimum Wage Law; Hourly Rate for State Prisoners.  Amend the introductory paragraph of RSA 279:21 to read as follows:

Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.  A prisoner incarcerated in a state correctional facility who works at such facility in a culinary job, buildings/grounds/maintenance job, or another job as identified by the commissioner of the department of corrections shall be paid one-half of the state minimum hourly rate or the federal minimum wage, whichever is higher, provided that the prisoner's earnings above basic prison pay for his or her job shall be used only for vocational or postsecondary education.  Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage.  If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage.  The limitations imposed hereby shall be subject to the following exceptions:

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2343

11/19/19

 

HB 1555-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring prisoners to be paid the applicable minimum wage.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$9,244,929

$8,683,071

$8,693,508

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill requires that a prisoner incarcerated in a state correctional facility who works in certain jobs at the facility be paid one-half of the state minimum hourly rate or the federal minimum wage, whichever is higher, and the additional amount earned shall only be used for vocational or postsecondary education.  The Department of Corrections indicates residents are currently paid per day.  The current federal and state minimum wage rate is $7.25 per hour.  The Department assumes it would need to make changes to the offender management system to accommodate changes from daily pay to hourly pay.  A scheduling and payroll system will also be required to track time worked and payroll expenditures.  The Department assumes four additional payroll officers and one supervisor will be needed and has estimated the costs as follows:

Additional Staff

FY 2021

FY 2022

FY 2023

Supervisor II, LG21

 

 

 

Salary

$43,115

$44,831

$46,761

Benefits

$27,688

$29,057

$30,520

Current Expenses & Equipment

$1,473

$387

$387

Total

$72,276

$74,275

$77,668

 

 

 

 

Payroll Officer II

 

 

 

Salary

$21,255

$21,821

$22,386

Benefits

$23,408

$24,551

$25,747

Current Expenses & Equipment

$1,473

$387

$387

Total

$46,136

$46,759

$48,520

Amount for 4 Payroll Officers

$184,544

$187,036

$194,080

Total Additional Staff

$256,820

$261,311

$271,748

Other Expenses

 

 

 

Remuneration/Pay Increase  (Based on residents working 4 hours/day)

$8,200,000

$8,200,000

$8,200,000

Offender Mgmt. System Upgrade

$100,000

$0

$0

Scheduling Software

$552,000

$110,400

$110,400

Payroll System

$111,360

$111,360

$111,360

Time Clocks

$24,749

$0

$0

Total Other Expenses

$8,988,109

$8,421,760

$8,421,760

Total Fiscal Impact

$9,244,929

$8,683,071

$8,693,508

 

It is assumed this bill will not take effect until FY 2021.

 

AGENCIES CONTACTED:

Department of Corrections