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Proposal would let state temporarily escrow payments to federal government if federal funds are frozen

New Hampshire House Finance Committee · February 2, 2026
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Summary

Representative Alexis Simpson introduced HB 14-11, allowing the state treasurer to withhold and escrow state payments to the federal government equal to funds Congress approved but the federal executive branch freezes. Committee members raised legal and practical concerns (IRS penalties, criminal liabilities for withheld payroll taxes, and potential federal retaliation). The bill was referred to Division 1 for further study.

Representative Alexis Simpson introduced HB 14-11 in the afternoon session, saying the measure would permit the state treasurer, under specified circumstances, to temporarily withhold state payments due to the federal government and hold an equivalent amount in escrow when Congress has approved funds for the state but the federal executive branch withholds or freezes them. Simpson presented the bill as a targeted, dollar‑for‑dollar leverage tool to shield state programs and contractors from sudden federal funding freezes.

Members pressed on legal exposure, practical mechanics and precedent. Questions focused on the likely form of withheld payments (payroll tax remittances, matching funds, or program payments), possible IRS fines and penalties for failing to remit payroll taxes on employees’ behalf, and the risk that the federal government could use enforcement tools or withhold other federal funding (for example, transportation funds) in response.

Simpson acknowledged those risks and said the bill contemplates escrow as a demonstration of good‑faith ability to pay while protecting state operations; she said specifics and legal questions require further committee analysis. Members asked whether other states have adopted similar laws and cited examples of federal reactions to other jurisdictions’ actions; the committee referred the bill to Division 1 for additional study and legal review.