BillCam

HB 1495-FN - AS INTRODUCED

2022 SESSION

22-2576

07/11

HOUSE BILL 1495-FN

AN ACT relative to vaccine mandates for government contractors.

SPONSORS: Rep. Lanzara, Hills. 28; Rep. Blasek, Hills. 21; Rep. Aron, Sull. 7; Rep. Foster, Hills. 5; Rep. T. Lekas, Hills. 37; Rep. Turcotte, Straf. 4; Rep. Kofalt, Hills. 4; Rep. Harvey-Bolia, Belk. 4

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

This bill establishes a chapter of law prohibiting employee vaccine requirements for government contractors, except for medical providers when there is a direct threat present.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2576

07/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to vaccine mandates for government contractors.

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

1 New Chapter; Prohibition on Certain Vaccine Requirements. Amend RSA by inserting after chapter 9-F the following new chapter:

CHAPTER 9-G

PROHIBITION ON CERTAIN VACCINE REQUIREMENTS

9-G:1 The state of New Hampshire and all of its political subdivisions, companies contracting with or otherwise doing business with or receiving public funds from the state of New Hampshire or any of its political subdivisions, are prohibited from requiring any employee to receive vaccine or to possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status. The persons and entities subject to this chapter are prohibited from discriminating against employees based on non-receipt of a vaccine or failure to possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status. Where 29 CFR 1630.15(b)(2) permits employers to require medical intervention when a direct threat exists for which no reasonable accommodation can be made, an exemption to this section is only allowed for licensed medical facilities.

9-G:2 Definitions. In this chapter:

I. "Company" means any corporation, limited liability corporation, nonprofit corporation, partnership, limited partnership, limited liability partnership, business trust, association, joint venture, domestic or foreign sole proprietorship, other domestic or foreign entity or business association, or similar organization, including without limitation any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of such an entity or business association.

II. “Direct threat” means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a “direct threat” shall be based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a direct threat, the factors to be considered include:

(a) The duration of the risk;

(b) The nature and severity of the potential harm;

(d) The imminence of the potential harm.

III. "Discrimination" means a company or employer subjecting any person to refusal to hire, failure to promote, reassignment with significantly different responsibilities, a reduction in pay, a significant change in benefits, changes in workplace setting that make it difficult to perform duties, or employment termination, or refusal to allow any person to enter or patronize an establishment, on the basis of such person’s vaccination or immunity status or related documentation, or because such person refuses to be vaccinated due to a medical contraindication or for reasons of conscience or other personal reasons, including religious or philosophical beliefs.

IV. "Employer" means any person employing an employee or acting directly or indirectly in the interest of an employer in relation to an employee.

V. “Political subdivision” means any unit of state or local government including, but not limited to, the governor, state agencies, counties, cities, towns, political subdivisions, boards, departments, commissions, and special districts, as well as their agents, contractors, and employees.

VI. “Medical facility” means all licensed health care facilities as defined per RSA 151:2.

9-G:3 Prohibition on Requiring Vaccination or Documentation.

I. The state of New Hampshire and all of its political subdivisions shall not:

(a) Require a vaccine or possession of an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status from any employee, and further may not discriminate against any person based on non-receipt of a vaccine or failure to possess and immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status.

(b) Enter into a contract or give a loan, grant, or any other disbursement of taxpayer money to a company that requires a person to receive a vaccine or to possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status, and further may not discriminate against any person based on non-receipt of a vaccine or failure to possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status.

II. An employer or company that receives state funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money from the state of New Hampshire or any government entity may not require that any employee receive a vaccine or possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status, and further may not discriminate against any employee based on non-receipt of a vaccine or failure to possess an immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status.

III. An employer or company that violates this section is in breach of its contract with the state of New Hampshire or government entity, rendering the contract void by the state of New Hampshire or government entity.

9-G:4 Exemption. Medical facilities shall be exempt from being prohibited to require vaccination under RSA 9-G:3 where a direct threat is determined to exist that cannot be eliminated or reduced by reasonable accommodation. Nothing in this section shall apply where no direct threat exists or where:

I. A physician licensed under RSA 329, or a physician exempted RSA 329:21, III, certifies that vaccination against a particular disease may be detrimental to the employee’s health.

II. An employee objects to vaccination because of religious beliefs. The employee shall sign a notarized form stating that the employee has not be vaccinated because of religious beliefs.

III. A physician licensed under RSA 329, or a physician exempted RSA 329:21, III certifies that the employee has sufficient antibody levels or previously contracted the illness for which vaccination is required, and is therefore immune.

IV. An employee produces proof of a positive diagnostic test or a positive immunity test, and is therefore immune.

V. Nothing in this section limits the ability of medical facilities to require extra protective measures such as patient reassignment, duty reassignment, start-of-shift health screening questionnaires and temperature checks, or enhanced personal protective equipment requirements for employees working with vulnerable populations such as the immunocompromised or the elderly.

9-G:5 Construction and Severability. The provisions of this chapter shall be construed liberally to accomplish the policies expressed herein. If any provision of this chapter or the application thereof to any employer, company, person, or entity is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

2 Prospective Repeal. The following are repealed:

I. RSA 310-A:1-i, relative to emergency licensing procedures.

3 Effective Date.

I. Section 2 of this act shall take effect January 31, 2022.

II. The remainder of this act shall take effect upon its passage.

LBA

22-2576

11/23/21

HB 1495-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to vaccine mandates for government contractors.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

Revenue

Expenditures

Indeterminable

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

Expenditures

Indeterminable

LOCAL:

Revenue

Expenditures

Indeterminable

METHODOLOGY:

This bill prohibits employee vaccine requirements for government contractors, except for medical providers when there is a direct threat present.

The Department of Justice indicates the State contracts with many out-of-state contractors whose home state may mandate vaccination or its proof. This bill has the potential of creating contract disputes that might result in litigation involving the state. That litigation would impinge on the resources of Department's Civil Bureau, including its client counselors who advise all state agencies, boards and commissions, and civil litigation attorneys. It is not possible to estimate the fiscal impact on the Department as that amount is indeterminable. There would be no impact on State revenue.

The Judicial Branch states the fiscal impact of this bill is indeterminable. The Branch does not have data on how many current or future vendors have vaccine mandates or how many existing contracts would need to be terminated at the next renewal date. The Branch assumes there may be a fiscal impact if there are fewer vendors from which to select and there may be disruptions to court operations if there are no qualified vendors or if the quality of the service or product is impaired by a more limited vendor pool. Because the Judicial Branch does not have information on the vaccine requirements of its current and future vendors, it is unable to calculate the fiscal impact, if any.

It is assumed that any fiscal impact would occur after FY 2022.

AGENCIES CONTACTED:

Department of Justice and Judicial Branch