HB 731-FN - FINAL VERSION
9Jan2020... 2767h
9Jan2020... 2897h
9Jan2020... 0024h
06/16/2020 1464s
2020 SESSION
19-0761
04/06
HOUSE BILL 731-FN
AN ACT relative to the state minimum hourly rate.
SPONSORS: Rep. Schultz, Merr. 18; Rep. King, Hills. 33; Rep. Read, Rock. 17; Rep. Conley, Straf. 13; Rep. T. Smith, Hills. 17; Rep. Josephson, Graf. 11; Rep. Ellison, Merr. 27; Rep. Bunker, Rock. 18; Rep. Frost, Straf. 16
COMMITTEE: Labor, Industrial and Rehabilitative Services
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AMENDED ANALYSIS
This bill sets the minimum hourly rate paid to employees. The bill also amends the minimum hourly rate for tipped employees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Jan2020... 2767h
9Jan2020... 2897h
9Jan2020... 0024h
06/16/2020 1464s
19-0761
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the state minimum hourly rate.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Minimum Hourly Rate. Amend the introductory paragraph of RSA 279:21 to read as follows:
279:21 Minimum Hourly Rate. 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 or the following, whichever is higher:
From January 1, 2021 to December 31, 2022, $10 per hour.
From January 1, 2023 and thereafter, $12 per hour.
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] $4 per hour. 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] $12 per hour for all hours worked, the employer shall pay the employee the difference to guarantee the [applicable minimum wage] $12 hourly rate.
Tipped employees who are licensed as secondary game operators pursuant to RSA 287-D and 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 $7.25 per hour. If such 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 $12 per hour for all hours worked, the employer shall pay the employee the difference to guarantee the $12 hourly rate.
The limitations imposed hereby shall be subject to the following exceptions:
2 Effective Date. This act shall take effect upon its passage.
VETOED July 24, 2020
19-0761
Amended 6/18/20
HB 731-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-1464s)
AN ACT relative to the state minimum hourly rate.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $0 | $0 | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ X ] Other - Various Government Funds | |||
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill sets the minimum hourly rate paid to employees. The bill also amends the minimum hourly rate for tipped employees. The Department of Administrative Services indicates the lowest labor grade for state employees is labor grade1 which is paid $10.90per hour. New hires in these job classifications typically start at labor grade 2 or 3. A labor grade 2 position currently starts at $11.19 or $1.19 higher than the minimum wage proposed by the bill beginning on January 1, 2021, but less than the proposed $12 per hour minimum rate effective January 1, 2023. The Department assumes, because the typical starting wage rate is already close to $12 per hour, without considering step increases or cost of living adjustments, any impact on state expenditures if any would be minimal. Any future increase the federal wage rate beyond $12.00 per hour may impact State expenditures, but any potential impact is indeterminable at this time.
The New Hampshire Municipal Association assumes this bill would increase municipal payroll expenditures by an indeterminable amount. The Association does not have information to determine the number of employees that would be affected by the bill. There will be no impact on municipal revenues.
The New Hampshire Association of Counties does not anticipate an impact on county expenditures or revenues.
AGENCIES CONTACTED:
Department of Administrative Services, New Hampshire Municipal Association and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Feb. 20, 2019 | House | Hearing |
| March 6, 2019 | House | Exec Session |
| Nov. 6, 2019 | House | Exec Session |
| House | Floor Vote | |
| June 11, 2020 | Senate | Hearing |
| June 11, 2020 | Senate | Hearing |
| June 11, 2020 | Senate | Hearing |
| Senate | Hearing | |
| June 16, 2020 | Senate | Floor Vote |
Sept. 16, 2020: Veto Sustained 09/16/2020: RC 197-139 Lacking Necessary Two-Thirds Vote HJ 11 P. 24
: Veto Sustained 09/16/2020: 197-139 Lacking Necessary 2/3 Vote
July 24, 2020: Vetoed by Governor Sununu 07/24/2020
: Enrolled 06/30/2020 HJ 10 P. 71
June 29, 2020: Enrolled (In recess 06/29/2020); SJ 9
: House Concurs with Senate Amendment MA RC (199-124) 06/30/2020
June 30, 2020: House Concurs with Senate Amendment (Rep. Sullivan): MA RC 199-124 06/30/2020 HJ 10 P. 52
June 16, 2020: Ought to Pass with Amendment 2020-1464s, RC 14Y-10N, MA; OT3rdg; 06/16/2020; SJ 8
June 16, 2020: Committee Amendment # 2020-1464s, AA, VV; 06/16/2020; SJ 8
June 16, 2020: Committee Report: Ought to Pass with Amendment # 2020-1464s, 06/16/2020; SC 23
: The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: remotesenate@leg.state.nh.us or call (603-271-3043). SC 22
: 6. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA SC 22
: 5. Webinar ID: 940 7264 6718 SC 22
: 4. Or iPhone one-tap: 13017158592,,94072646718# or 13126266799,,94072646718# SC 22
: 3. To listen via telephone: Dial(for higher quality, dial a number based on your current location): 1-301-715-8592, or 1-312-626-6799 or 1-929-205-6099, or 1-253-215-8782, or 1-346-248-7799, or 1-669-900-6833 SC 22
: 2. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us SC 22
: 1. To sign-in and/or speak in support or opposition, please register in advance by using this link: https://www.zoom.us/webinar/register/WN_croAzCD-TXuZDPa4hQt2XQ SC 22
: Members of the public may attend using the following links: SC 22
: Committee members will receive secure Zoom invitations via email. SC 22
June 11, 2020: Remote Hearing: 06/11/2020, 10:05 am, on proposed amendment # 2020-1342s; SC 22
June 11, 2020: Remote Hearing: 06/11/2020, 10:05 am, on proposed amendment # 2020-1342s; SC 22
June 11, 2020: Remote Hearing: 06/11/2020, 10:00 am; SC 22
March 11, 2020: Introduced 03/11/2020 and Referred to Commerce; SJ 7
Jan. 9, 2020: Ought to Pass with Amendment 2019-2767h (NT)/2019-2897h/2020-0024h: MA RC 212-155 01/09/2020 HJ 2 P. 2
Jan. 8, 2020: Ought to Pass with Amendment 2019-2767h (NT)/2019-2897h/2020-0024h: MA RC 212-155 01/08/2020
Jan. 9, 2020: FLAM # 2020-0024h (Rep. Schultz): AA RC 189-177 01/09/2020 HJ 2 P. 2
Jan. 9, 2020: FLAM # 2019-2897h (Rep. Kanzler): AA RC 189-170 01/09/2020 HJ 2 P. 2
Jan. 9, 2020: Amendment # 2019-2767h (NT): AA VV 01/09/2020 HJ 2 P. 2
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2019-2767h (NT) (Vote 11-6; RC) HC 50 P. 26
Nov. 6, 2019: Executive Session: 11/06/2019 10:00 am LOB 307
Oct. 15, 2019: Subcommittee Work Session: 10/15/2019 10:00 am LOB 307
: Retained in Committee
March 6, 2019: Executive Session: 03/06/2019 10:00 am LOB 307
Feb. 26, 2019: Subcommittee Work Session: 02/26/2019 01:30 pm LOB 306-308
Feb. 20, 2019: Public Hearing: 02/20/2019 01:10 pm LOB 305-307
Jan. 3, 2019: Introduced 01/03/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 3 P. 28