Bill Text: NH SB86 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requiring the department of labor to warn employers of certain violations prior to imposing a fine.

Spectrum: Partisan Bill (Republican 23-0)

Status: (Passed) 2011-06-14 - Senate Signed by the Governor on 06/14/2011; Effective 08/13/2011; Chapter 0182 [SB86 Detail]

Download: New_Hampshire-2011-SB86-Introduced.html

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SB 86 – AS INTRODUCED

2011 SESSION

11-0213

06/05

SENATE BILL 86

AN ACT requiring the department of labor to warn employers of certain violations prior to imposing a fine.

SPONSORS: Sen. Luther, Dist 12; Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Morse, Dist 22; Sen. Odell, Dist 8; Sen. Prescott, Dist 23; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Sen. White, Dist 9; Rep. Infantine, Hills 13; Rep. Umberger, Carr 1; Rep. Chandler, Carr 1; Rep. Hunt, Ches 7; Rep. Bettencourt, Rock 4

COMMITTEE: Commerce

ANALYSIS

This bill requires the department of labor to issue one warning to employers for certain violations before a fine may be imposed.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0213

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT requiring the department of labor to warn employers of certain violations prior to imposing a fine.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Civil Penalties. Amend RSA 273:11-a to read as follows:

273:11-a Civil Penalties.

I. In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, as determined by the commissioner, for any violation of any of the provisions of this title or of any rule adopted pursuant to this title.

I-a. Unless an employer willfully intends to cause harm, the commissioner shall issue one written warning to the employer when, in the opinion of the commissioner, the violation poses no threat to public safety or welfare. The employer shall have 60 days from receipt of the warning to cure the defect causing the violation.

I-b. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d. All moneys collected under this section shall be deposited in the general fund.

II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conduct of hearings under paragraph I.

2 Effective Date. This act shall take effect 60 days after its passage.