Revision: May 24, 2024, 10:16 a.m.
SB 330-FN - VERSION ADOPTED BY BOTH BODIES
2024 SESSION
24-2816
12/05
SENATE BILL 330-FN
SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18; Sen. Pearl, Dist 17; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Rep. M. Cahill, Rock. 10
COMMITTEE: Commerce
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ANALYSIS
This bill repeals disqualification for unemployment benefits for those not available for work outside a home.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2816
12/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disqualification for Unemployment Benefits; Work From Home. Amend RSA 282-A:39 to read as follows:
282-A:39 Unavailable for Work.
An individual shall not be [disqualified] eligible for benefits for any week or weeks during any part of which [he] the individual is not available for work outside [a] of the individual's home, [irrespective of his reason for refusing to be available for work outside a home.] unless work to be conducted within the individual’s home offers a reasonable expectation of substantial employment opportunities based upon rules adopted by the commissioner pursuant to RSA 541-A.
2 Effective Date. This act shall take effect upon its passage.
24-2816
Revised 12/28/23
SB 330-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | Various Government Funds
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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] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill repeals disqualification for unemployment benefits for those not available for work outside a home. The Department of Employment Security indicates this bill would have an indeterminable impact on state, county and local expenditures. The Department states the scenario to which this bill would apply is continued eligibility for unemployment benefits after being found initially eligible. An individual would still need to have a qualifying separation from covered employment, be unemployed through no fault of their own, and be monetarily eligible and have earned at least $1,400 in two separate quarters during their base period of employment. After being found initially eligible, an individual needs to file weekly claims to maintain eligibility for a weekly benefit. The claimant needs to be able to work; be available for work; and satisfactorily complete a weekly work search involving employer contacts and job preparedness activities. To the extend former state, county and local employees who are not available for work outside a home receive additional unemployment benefits, state, county and local expenditures for unemployment compensation would be impacted.
The Department expects adoption of the required rules would permit the Commissioner to provide guidance related to the labor market concerning the services which can be limited to being performed from an individual’s home and still offer a reasonable expectation of substantial employment opportunities. The Department indicates, while remote work has grown in popularity following the pandemic, it is still only offered by a minority of New Hampshire employers. A recent survey found New Hampshire ranks 2nd nationally in terms of the percentage of employers that plan to continue to offer some level of remote work for employees (34%). The Department notes that much of the service, health care, retail, hospitality, construction and manufacturing sectors are not able to utilize remote work due to the need to provide services in person. These sectors account for nearly 50% of the State's workforce. By allowing an individual to limit their search to remote work opportunities and still be eligible for unemployment benefits, the Department could evaluate the extent to which remote work opportunities are available within the sector an individual is seeking employment. As long as it “offers a reasonable expectation of substantial employment opportunities” the individual would be eligible for benefits for that week. The rules could also provide guidance as to when limiting one's availability to working from home would restrict the individual’s availability such that the work the individual is willing to conduct does not offer a reasonable expectation of substantial employment opportunities and result in the individual not being eligible for benefits.
It is assumed that any fiscal impact would occur after FY 2024.
AGENCIES CONTACTED:
Department of Employment Security