HB 1455 - AS AMENDED BY THE SENATE

 

05/05/2022   1868s

2022 SESSION

22-2262

05/04

 

HOUSE BILL 1455

 

AN ACT relative to state enforcement of federal vaccination mandates.

 

SPONSORS: Rep. Packard, Rock. 5; Rep. Rice, Hills. 37; Rep. T. Lekas, Hills. 37; Rep. Layon, Rock. 6; Rep. Blasek, Hills. 21; Rep. Prout, Hills. 37

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill prohibits state enforcement of any federal law, order, or rule that requires an individual, as a condition of employment or any other activity, to provide proof of vaccination against COVID-19 or to submit more than once per month to COVID-19 testing.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/05/2022   1868s 22-2262

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to state enforcement of federal vaccination mandates.

 

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

 

1  New Chapter; Employee Health Sovereignty.  Amend RSA by inserting after chapter 275-H the following new chapter:

CHAPTER 275-I

EMPLOYEE HEALTH SOVEREIGNTY

275-I:1  State Enforcement of Federal Vaccination Mandates Prohibited.

I.  This state shall not engage in the enforcement of, or any collaboration with the enforcement of, any federal law, order, or rule that effectively requires any person as a condition of his or her employment, or as a condition of any other activity, to submit proof of vaccination against COVID-19 or any variant thereof, or to submit more than once per month a negative test for COVID-19 or any variant thereof.  No state or local government agency, and no official or employee thereof, shall enforce or assist in the enforcement or administration of any such law, order, or rule.

II.  Such prohibited activities shall include:

(a)  Investigating the violation of, or imposing any penalty for the violation of, any law, order, or rule addressed by paragraph I;

(b)  Providing any assistance to any federal department or agency in investigating or penalizing the violation of any law, order, or rule addressed by paragraph I, either through personnel activity or through the use of any state or local government property; or

(c)  Providing the COVID-19 vaccination status of any named individual to any federal department or agency, or engaging in any communication with any federal department or agency regarding any investigation into a violation of a law order, or rule addressed by paragraph I.

III.  Paragraphs I and II of this section shall not apply to any health care facility, provider, or contractor subject to a federal vaccine requirement including the survey and certification policies and procedures under the authority of the department of health and human services, bureau of licensing and certification.

275-H:2  Severability.  If any provision of this chapter or any application of such provision to any particular person or circumstance is held to be invalid by any court of law, the remainder of this chapter and any remaining application of its provisions to any other person or circumstance shall not be affected.

2  Effective Date.  This act shall take effect upon its passage.