New Hampshire

Distant Dome: NH Hampshire House Shows Its Priority – InDepthNH.org

Published

2 years ago

February 10, 2024

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Distant Dome: NH Hampshire House Shows Its Priority – InDepthNH.org

By GARRY RAYNO, InDepthNH.org

State government budgets are all about priorities: What is important to the majority party.

While the state is just over a quarter of the way through the current biennial (two-year) budget, some caution flags are being hoisted about future revenue shortfalls.

The latest revenue figures through the end of January, show state collections stand at $1.48 billion, which is $108.1 million more than budget-writer estimates needed for a balanced budget, and $52.1 million more than fiscal year 23, which had a record $518 million revenue surplus.

What are the concerns then with still good financial numbers halfway through the 2024 fiscal year budget?

The biggest driver of recent record setting revenue surpluses has been business taxes, fueled largely by large multinational corporations who benefited greatly from the massive amounts of government money poured into the nation’s economies to combat the economic drag of the COVID-19 pandemic through closings, workforce issues and supply chain breakdowns.

For February, business tax collections for the state were $4 million below estimates, producing $57.6 million instead of the estimate of $61.1 million. The shortfall was due to a deficit of $5.8 million in business enterprise tax collections.

The BET is often more reflective of the state’s economy than the business profits tax, which reflects more the national and international economies, which had a $1.8 million surplus.

But the problem according to the Department of Revenue Administration is two-fold, a large increase in refunds (businesses paid too much into the state in estimates last year) and reduced estimate payments this fiscal year with businesses not expecting to do as well as they did the last few years.

The problem is compounded by a new law limiting the amount of tax credits to 500 percent a company can hold for future payments, which meant a number of companies had refunds for having more than the new threshold which accounted for 43 percent of the refunds, according to the DRA.

The other big shortfall was in the real estate transfer tax which was off by $3.5 million in January and $29.2 million for the year.

The number of sales was down 8.4 percent and the value was down 5.1 percent.

So given the concern for some key revenue raises for the state, why did the chair of the House Finance Committee, Rep. Ken Weyler, R-Kingston, waive review of House Bill 1665, which expanded the salary cap for the Education Freedom Account (voucher) program?

First and foremost, the bill passed by one vote, after two other EFA expansion bills were voted down. Sending it to Finance means the opposition would have another chance to kill it when a final vote is taken, but instead it is now before the Senate.

Secondly, the bill expands the salary cap from 350 percent of federal poverty to 500 percent increasing the cap for a family of four from $109,500 to $156,000 which would mean about 63 percent of the families in the state with school-age children would be eligible for vouchers averaging over $5,000 per student.

Although the state Department of Education said it could not tell how many children would decide to participate, Reaching Higher NH, using census data says the program could cost $66 million next fiscal year if — as has been the case here and elsewhere — many parents of students currently in private and religious schools, and in homeschooling programs seek state funded subsidies.

The $66 million is $42 million more than the projected costs this fiscal year and $36 million more than budgeted for the program this fiscal year and next.

Maybe the House Republican leadership did not want to give those figures any light.

The money for the EFA program comes from the Education Trust Fund, which was established about 25 years ago to pay the adequacy aid to school districts after the Claremont education decisions by the state Supreme Court.

For most of its lifetime, the fund ran a deficit and general fund money had to be added to cover the cost of adequacy aid to school districts.

However, the past five or six years, the fund has had a surplus with the number of students declining and the legislature not adding, in fact, cutting school aid until the 2019 budget.

Currently the trust fund has about a $200 million surplus that many targeted as a start to addressing two recent court decisions on the education funding program telling the state it is underpaying to provide an adequate education for the state’s students and shifting the burden to local property taxes making it unconstitutional because state taxes have to be “proportional and reasonable.”

The court also said the state’s methodology in administering the Statewide Education Property Tax is unconstitutional as well.

But Weyler proposed a bill, that also passed Thursday, that would move any surplus at the end of the biennium into the general fund, which is likely to mean into the rainy day fund.

By doing that and increasing EFA money by $42 million, the fund could soon be running at a deficit again and the pressure would be on to cut education costs.

The two court rulings could cost the state about $532 million annually if lawmakers decide to act on the orders, which is unlikely this session or even next session.

There are other issues that need to be addressed such as the state retirement system changes for Group 2 (law enforcement and firefighters) which were short changed when the system was overhauled a decade ago.

That true up could cost about $50 million.

There is always the issue of Medicaid reimbursement rates which were increased in the current budget, but not enough for some of the providers who cannot find workers to fill positions even with the increase in rates.

The federal pandemic money is about at its end, and money will have to be found for child care services, one of the keys to putting people back in the workforce.

The state is building a new youth detention center on the grounds of Hampstead Hospital, but budget officials were told last month it may be too small when it opens and may need to be expanded.

The Highway Fund is running short with more efficient vehicles and electric vehicles that do not pay the gas tax.

The Fish and Game agency has needed general fund money for the past few years as has the self-funded state park system.

There are a lot of needs, but the House and the Senate is likely to go along, as some are saying the priority is new education subsidies for parents earning less than $156,000 a year, 75 percent of it targeted to private and religious school tuition and homeschooling costs.

That is about 11 percent of the students in the state, while the other 89 percent continue going to public schools, whose quality depends largely on the relative wealth of the community and its proximity to the ocean or large lakes.

There is an organization that recently touted its success at electing state lawmakers who favor voucher programs called Young Americans for Liberty, which grew out of Ron Paul’s last presidential campaign.

Its sister organization of state lawmakers is called the Hazlitt Coalition, among its members are seven GOP members of the House Education Committee.

The total number of state legislative members nationwide of Hazlitt is 320, of which 95 are members of the New Hampshire legislature, 93 GOP House members, and two GOP state Senators.

In a press release, the YAL touted it had about $13 million in dark money it intends to use to increase the number of state lawmakers favoring voucher programs.

According to The Capital Center’s Influence Watch, known contributors to YAL include the Americans for Prosperity Foundation, the Chase Foundation of Virginia and the Charles Koch Foundation.

The groups’ investment has already been returned by the New Hampshire legislature.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Garry Rayno may be reached at garry.rayno@yahoo.com. Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn in New London.

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New Hampshire

Up to 4 inches of snow expected in NH tonight. See latest forecast

Published

4 hours ago

March 3, 2026

Press Room

Up to 4 inches of snow expected in NH tonight. See latest forecast

It may be March, but winter in New Hampshire is far from over. Just one week after a blizzard tore through the state with heavy snow and high winds, the state is getting another round of snowfall.

The state will get three to five inches during the evening and night of Tuesday, March 3, says the National Weather Service (NWS) of Gray, Maine. While the accumulation will not be significant, the snowfall may cause dangerous road conditions and a layer of ice on the ground in certain parts of the state.

Here’s what to know before tonight’s snow in New Hampshire, including snow totals and timing.

When will it snow in NH tonight?

According to the NWS, it will start snowing in New Hampshire during mid-afternoon or early evening and continue through the night. Specifically, snow will arrive to the southern part of the state around 2-3 p.m., spreading northwards through the rest of New Hampshire by 5 p.m.

Rain or freezing rain will mix in later this evening across southern New Hampshire, creating a wintry mix. All precipitation should move out of the state by midnight.

Due to the timing of today’s snowfall, the Tuesday evening commute will be affected, with the NWS warning to slow down and exercise caution while driving.

How much snow will NH get tonight?

New Hampshire will get one to four inches of snow tonight, with one to two inches in northern New Hampshire, two to three inches in southern New Hampshire and three to four inches in the center of the state, with the possibility for five inches in localized areas.

In the Seacoast specifically, Portsmouth, Rye, Hampton and York are expected to get between two to three inches of snow, while Dover, Exeter and Rochester may get up to four.

The wintry mix may also cause a light glaze of ice across southern New Hampshire.

NH weather watches and warnings

The NWS has issued a winter weather advisory for the state of New Hampshire, in effect from 1 p.m. on Tuesday, March 3 through 4 a.m. on Wednesday, March 4.

Sign up for weather SMS alerts

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New Hampshire

Bedford man barred from conducting any securities business in New Hampshire

Published

16 hours ago

March 3, 2026

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Bedford man barred from conducting any securities business in New Hampshire

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New Hampshire

New Hampshire employment law in 2026 – NH Business Review

Published

1 day ago

March 2, 2026

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New Hampshire employment law in 2026 – NH Business Review

What employers are getting wrong, and how to fix it before it becomes a claim

New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.

Notice compliance

One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.

At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)

Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:

• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.

• deductions made from the employee’s payroll check, for each period such deductions are made.

• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)

Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.

Two-hour minimum (reporting pay)

Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.

Salaried vs. hourly employees

Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.

Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.

Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.

Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.

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