National Debates Influence Proposed NH Business Regs

Lesser-known policy debates often get lost in the daily news cycle of Trump and Biden. Local property tax bills, occupational licensing rules, and the availability of childcare all have more impact on people’s daily lives than the latest rage-bait circulating on social media. However, sometimes national debates permeate legislation. Here’s a look at how NH legislators might translate some of the most heated 2024 debates into business regulations.

Immigration Enforcement
This year Rep. Tim McGough (R-Merrimack) sponsored a bill that would require employers with 25 or more employees to use the federal E-Verify system of the U.S. Citizenship and Immigration Services. This system checks whether a prospective employee is authorized to work in the United States.

The House Labor, Industrial and Rehabilitative Services Committee voted unanimously against the bill, citing error rates and the burden on smaller businesses. The full House followed suit, killing the bill. But McGough had five cosponsors, including some senior and influential Republican representatives. The E-Verify debate is likely to come up again in
the future.

Gun Laws
Rep. Daniel Popovici-Muller (R-Windham) sponsored a bill that would limit employers’ ability to restrict guns on their property. As introduced, HB 1336 would prohibit employers from inquiring into, searching for, or banning employees’ storage of firearms or ammunition in their locked vehicles. The bill would also remove any civil liability for the employer if the firearm were used illegally. Supporters argued the bill protects Second Amendment rights, while opponents argued it violates the private property rights of employers.

As of press time, the bill has yet to make it to the Senate, and there is some debate around whether the bill should apply to all employers or only employers that receive public money.

Reproductive Rights
In February the Alabama Supreme Court ruled that frozen embryos are children, reigniting the debate over government regulation of in vitro fertilization (IVF). While some presidential and congressional candidates struggled to issue a clear policy position on IVF, the NH Senate was already working on a related bill. As introduced, SB 558 would expand insurance coverage for infertility treatments, particularly for same-sex couples. The bill would also add protections against employer discrimination during IVF treatments, parental leave, and adoption. SB 558 also states that an employer cannot require an employee to use accrued paid time off before receiving parental leave.

As of press time, SB 558 is still working through the legislative process, and it’s unclear if it will make it to the governor’s desk. Regardless of this specific bill’s fate, employers should be prepared for more debates around insurance coverage, time off, and other protections/restrictions for reproductive care. Federal courts have largely punted these issues to the states.

Gender Discrimination
While most of this year’s debates around gender have focused on schools, sports, and children, some legislation touches on how businesses can or cannot discriminate based on gender. For example, this year the NH House and NH Senate considered bills that would specifically prohibit businesses from discriminating against individuals who detransition (return to their gender assigned at birth. Supporters of the bill said it was a response to businesses canceling events featuring Chloe Cole, an activist who speaks about her experience detransitioning. The protections for those who detransition were included in much larger and more controversial bills, so the debate has not received as much attention.

The Legislature is also considering legislation that would protect businesses that have separate bathrooms, locker rooms, treatment facilities, or other similar areas based on biological sex. At press time the legislation does not include information on how a business might determine an individual’s biological sex, whether it be through a birth certificate or other means. If your business has a policy about areas for males or females only, you might need to review how it stacks up to state law.

If your business could be affected by any of these debates, try reaching out to your state representative or senator to share your perspective. New Hampshire legislators are essentially volunteers, paid $100 plus mileage each year, and they have far fewer staff than legislators in other states. That means public input is particularly valuable and can provide important insights legislators might otherwise miss. To find who represents you, and their contact information,
visit citizenscount.org/elected-officials or gencourt.state.nh.us.

Anna Brown is director of research and analysis for Citizens Count, a nonprofit that provides NH residents with information about their representatives and the policy issues shaping NH. For more information, visit CitizensCount.org.