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SB 88 · 2026 · Senate · Commerce Committee

Ban on labor terms in contracts

AI-generated

prohibiting state government entities from including specified terms related to labor organization agreements in construction related contracts and grants.

Prohibits state entities from including specified terms related to labor organization agreements in construction-related contracts and grants.AI-generated

Status

Killed in the House — Inexpedient to Legislate · May 14, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

Analysis

This bill prohibits state entities from including specified terms related to labor organization agreements in construction related contracts and grants.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

“"Construction related project" means the act, trade, or process of building, erecting, constructing, adding, repairing, remodeling, rehabilitating, reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure, facility, road, or highway, and includes the planning, designing, and financing of a specific construction project.”
RSA 21-I:86-a
“A governmental entity that awards or renews a contract on or after the effective date of this section, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include in any contract-related document a term that:”
RSA 21-I:86-b
“No state agency shall issue an RFP or enter into or review any contract, construction grant, or related agreement that includes any provision that favors or disfavors a contractor based on their affiliation or non-affiliation with a labor organization, ensuring the state shall be neutral and shall not discriminate on the basis of labor affiliation.”
RSA 21-I:114-a
“"Governmental entity" means the state of New Hampshire or any agency, any branch of state government or any spending unit thereof.”
RSA 21-I:86-a

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Regina BirdsellRPrimeMajority Leader

Public testimony

93 signed in online · 9 wrote testimony

86% support14% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“I support the Fair and Open Competition Act in New Hampshire because it promotes a level playing field where all qualified contractors—regardless of affiliation—have the opportunity to compete for public construction projects.…”
— Lisha Nelson, Northwoodsupports
“I support SB 88, the Fair and Open Competition Act, because it promotes a level playing field for all qualified contractors on public projects.…”
— Kent Beirne, Hooksettsupports
“I am writing to voice my support for SB88. As a contractor in the state of New Hampshire, and a board member of Associated Builders and Contractors, I believe in fair and open competition in the industry.…”
— Tom Sullivan, Bedfordsupports
“This bill prohibits state entities from including specified terms related to labor organization agreements in construction related contracts and grants. Such Bill is Inexpedient To Legislate and should not pass.”
— Germano Martins, Hooksettopposes
“The language is this bill is extremely difficult to understand and figure out how, where, when and if it applies to NH companies, government entities and the work they do together.…”
— Karen Burnett-Kurie, Wolfeboroopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Mar 13, 2025SenateCommittee report: Rereferred to Committee5–0
    Overall
    100% yea
  • Mar 13, 2025SenateVoice voteRereferred to Committeeadopted
  • Jan 7, 2026SenateCommittee reportCommittee report: Ought to Pass with Amendment # 2025-3069s4–2
    Overall
    67% yea
  • Jan 7, 2026SenateVoice voteCommittee amendment 2025-3069sadopted
  • Jan 7, 2026SenateVoice voteOught to Pass with Amendment #2025-3069sadopted
    Resulting text: Bill as amended by the Senate
  • May 21, 2026HouseCommittee report· regular calendarCommittee report: Ought to Pass with Amendment # 2026-1577h11–9
    Overall
    55% yea
  • May 14, 2026HouseDivisionAmendment 2026-1577hAdopted174–148
    Overall
    54% yea
  • May 14, 2026HouseRoll callOught to Pass with Amendment 2026-1577hFailed162–167How they voted
    Overall
    49% yea
    Party-line vote
    Republicans
    161–1691% yea
    Democrats
    1–1511% yea
  • May 14, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Feb 11, 2025Public hearingSenate Commerce3:30–23:4620m 16slocated in the stream transcriptHearing
  • Mar 13, 2025Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Rereferred to Committee; Rereferred to Committee — adopted, voice vote
  • Jan 7, 2026Floor debateSenate floor43:16–44:251m 9slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2025-3069s; Ought to Pass with Amendment #2025-3069s — adopted, voice vote; Committee Amendment # 2025-3069s — adopted, voice vote
  • Apr 14, 2026Public hearingHouse Labor, Industrial and Rehabilitative Services1:01:27–1:24:2522m 58slocated in the stream transcriptPublic Hearing
  • Apr 21, 2026Public hearingHouse Labor, Industrial and Rehabilitative Services5:39:54–5:47:558m 1slocated in the stream transcriptFull Committee Work Session; Executive Session
  • May 14, 2026Floor debateHouse floor6:43:34–6:48:324m 58slocated in the stream transcriptOught to Pass with Amendment 2026-1577h — failed, roll call 162-167; Inexpedient to Legislate — adopted, voice vote; Amendment # 2026-1577h — adopted, division 174-148

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Commerce; SJ 3
  2. Feb 11, 2025SenHearing: 02/11/2025, Room 100, SH, 09:30 am; SC 9
  3. Mar 13, 2025SenCommittee Report: Rereferred to Committee, 03/13/2025; Vote 5-0; CC; SC 12
  4. Mar 13, 2025SenRereferred to Committee, MA, VV; 03/13/2025; SJ 7
  5. Jan 7, 2026SenCommittee Report: Ought to Pass with Amendment # 2025-3069s, 01/07/2026, Vote 4-2; SC 46
  6. Jan 7, 2026SenCommittee Amendment # 2025-3069s, AA, VV; 01/07/2026; SJ 1
  7. Jan 7, 2026SenOught to Pass with Amendment #2025-3069s, MA, VV; OT3rdg; 01/07/2026; SJ 1
  8. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Labor, Industrial and Rehabilitative Services HJ 5 P. 124
  9. Apr 14, 2026HousePublic Hearing: 04/14/2026 10:15 am GP 159
  10. Apr 21, 2026HouseFull Committee Work Session: 04/21/2026 09:00 am GP 159
  11. Apr 21, 2026HouseExecutive Session: 04/21/2026 02:30 pm GP 159
  12. May 21, 2026HouseMajority : Ought to Pass with Amendment # 2026-1577h 05/21/2026 (Vote 11-9; RC) HC 19 P. 25
  13. May 6, 2026HouseMinority : Inexpedient to Legislate
  14. May 14, 2026HouseAmendment # 2026-1577h: AA DV 174-148 05/14/2026 HJ 13 P. 104
  15. May 14, 2026HouseOught to Pass with Amendment 2026-1577h: MF RC 162-167 05/14/2026 HJ 13 P. 105
  16. May 14, 2026HouseInexpedient to Legislate: MA VV 05/14/2026 HJ 13 P. 106

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.