Capitol Insight: Weekly Legislative Update 4/17/26
W
hile the House took the week off to continue moving bills out of committee, the Senate convened briefly on Thursday, reserving the afternoon for committee hearings. Not to be outdone, the Governor and Executive Council also met on Wednesday to take up various state contracts and confirm several of Governor Kelly Ayotte’s nominations.
Senate Session
Although the Senate convened to consider only seven bills, one additional piece of legislation, related to using Temporary Assistance for Needy Families (TANF) reserve funds for childcare, was removed from the consent calendar and debated on the floor. The measure would have directed the Department of Health and Human Services to seek clarification from the federal administration regarding whether additional TANF funds could be allocated to support recruitment and retention of childcare employees. During public testimony, the department indicated that such a request had already been made and denied and that there was no expectation that a subsequent request would yield a different outcome. Currently, the state is authorized to transfer up to 30% of its TANF funding into the Childcare and Development Fund, which New Hampshire has already fully utilized. Senate Democrats made their case to overturn the committee’s interim study recommendation; however, the Senate ultimately voted to table the bill. The legislation is likely to remain there unless consensus can be made on how the matter should be dealt with in the final weeks of session.
Executive Council
During a lengthy Executive Council meeting this week, Governor Ayotte nominated Josh Elliott to serve as Assistant Commissioner of the Department of Energy. Nominated by Governor Sununu, Elliott was unanimously confirmed by the Council to serve as the agency’s first Director of Policy and Programs in 2021. Elliott will need to be confirmed again for the new role, but given his extensive energy policy background and previous bipartisan support, he is widely expected to be confirmed. The Council also debated a $36 million contract for the design of a new men’s prison in Concord. The current facility, constructed in 1878, is widely regarded as being in critical need of substantial upgrades. Councilors raised concerns that the state received only a single bid in response to the RFP, raising questions about the competitiveness of the process. Supporters of the contract warned that reopening the bidding process may result in even higher costs, ultimately borne by taxpayers. Ultimately, the contract was rejected in a 3-2 vote. While there is broad agreement that the project remains a priority of the state, the majority of the Council indicated that a more aggressive procurement strategy is necessary before the proposal can ultimately gain approval.
Tip Pooling
A bill proposing to overhaul New Hampshire’s rules on tip pooling received a public hearing in the House Labor, Industrial and Rehabilitative Services Committee this week, as lawmakers consider whether to replace the state’s current framework with the federal Fair Labor Standards Act. Under current state law, employees must voluntarily opt into tip pools without employer coercion. The legislation, supported by the restaurant and hospitality industry, would provide businesses with greater authority in administering the pools and seeks to eliminate conflicts between state and federal statutes. Although the bill garnered substantial support from restaurant owners, it also faced opposition from tipped workers who prefer the option to choose whether to participate in a tip pool. The Department of Labor did not take a position on the bill, but acknowledged that having alignment with the Fair Labor Standards Act would simplify compliance for businesses and improve the department’s ability to enforce the law.
Week Ahead
The term to watch next week is “non-germane amendment.” Both bodies are expected to hold hearings on amendments deemed unrelated to the underlying legislation, as procedural rules require such review before these amendments may be adopted. The coming week is anticipated to be particularly busy, as many committees intend to take the following week for spring break. Upon their return, only two weeks will remain to act on pending legislation before the formation of committees of conference. The House and Senate are both scheduled to convene in session on Thursday.
About Rath, Young and Pignatelli
Capitol Insight is produced with the support of the Chamber’s government relations consultant: Rath, Young and Pignatelli (RYP). RYP merges traditional legal practice areas with legislative and public policy expertise. They have earned a reputation for achieving client success through skillful and creative advocacy in private party negotiations, before courts, regulatory agencies, and legislatures.
Their professionals are leaders in key sectors of the economy where business and government intersect including business and finance, energy, tax, health care, environmental, and insurance.
About The Greater Manchester Chamber
Incorporated in 1911, the Greater Manchester Chamber (GMC) is the largest business organization in New Hampshire, focusing its efforts primarily on Manchester and the surrounding communities of Auburn, Bedford, Candia, Derry, Goffstown, Hooksett, Litchfield, Londonderry, and Merrimack. It is the Chamber’s mission to bring together business and community to enhance economic success and quality of life in our region. For more information visit www.manchester-chamber.org.
