Revision: Nov. 28, 2023, 8:54 a.m.
HB 1072-FN - AS INTRODUCED
2024 SESSION
24-2330
12/10
HOUSE BILL 1072-FN
AN ACT relative to prohibiting employers from using polygraph testing.
SPONSORS: Rep. Gallager, Merr. 20
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill prohibits employers from using polygraphs unless the employer is in law enforcement or meets other exceptions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2330
12/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to prohibiting employers from using polygraph testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Employment; Protective Legislation; Prohibition on Polygraph Examinations; Exception. Amend RSA 275 by inserting after section 41-b the following new section:
275:41-c Prohibition on Polygraph Examinations. Except as provided in 275:41-d, no employer or their agent shall as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:
I. Request or require that an employee or applicant for employment take or submit to a polygraph examination; or
II. Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or
III. Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this chapter; or
IV. Refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination.
275:41-d Exceptions; Polygraph Examinations. The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:
I. The department of safety, for applicants for state police and other law enforcement positions; the fish and game department, for applicants for law enforcement positions; the lottery commission, for applicants for investigator positions; and municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;
II. Any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;
III. Any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;
IV. Any employer authorized or required under federal law or regulations to administer polygraph examinations.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2330
10/16/23
HB 1072-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prohibiting employers from using polygraph testing.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Revenue Fund(s) | Department of Labor Administrative Fund
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Expenditures | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill prohibits employers from using polygraphs unless the employer is in law enforcement or
meets other exceptions.
The Department of Labor indicates the bill would adds a category of prohibited conduct relative to the use of polygraph examinations as a condition of employment that can be enforced by the Department of Labor through issuance of warning, and in subsequent instances of violation, civil penalty in accordance with RSA 273-11:a. The Department states it is unlikely that the bill would have significant impact on revenues or expenditure at the state, county or local level. In terms of State costs, it is not anticipated that the proposed legislation would materially impact the administration of protective legislation, from the Department’s perspective. It is possible that some employers may violate the law resulting in additional civil penalties at the state level. The Department further states that any such impact is difficult to quantify with specificity and is anticipated to be minimal based on education and awareness of the added requirements.
AGENCIES CONTACTED:
Department of Labor