HB 1210 - AS AMENDED BY THE HOUSE

 

17Mar2022... 0724h

2022 SESSION

22-2175

05/04

 

HOUSE BILL 1210

 

AN ACT relative to exemptions from vaccine mandates.

 

SPONSORS: Rep. Lang, Belk. 4; Rep. Pearl, Merr. 26; Rep. Moffett, Merr. 9; Rep. Osborne, Rock. 4; Rep. Edwards, Rock. 4; Rep. Aron, Sull. 7; Rep. Cushman, Hills. 2; Sen. Avard, Dist 12; Sen. Giuda, Dist 2

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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AMENDED ANALYSIS

 

This bill requires public employers, private employers, and postsecondary education institutions that receive public funds and mandate a vaccination or other inoculation procedure to accept an employee's or student's request for a medical, religious, or right of conscience exemption.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2022... 0724h 22-2175

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to exemptions from vaccine mandates.

 

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

 

1  Legislative Findings.  The general court finds that:

I.  It is the longstanding public policy of New Hampshire to protect the rights of its citizens to live free; and

II.  The state of New Hampshire has affirmed in statute the natural, essential, and inherent right to individual bodily integrity. Therefore, citizens shall have the right to choose what, if any, substances are injected into their bodies, including without limitation, any mandated vaccine.

2  New Subdivision; Labor; Protective Legislation; Exemption from Vaccination Mandates.  Amend RSA 275 by inserting after section 77 the following new subdivision:

Exemption from Vaccination Mandates

275:78  Exemption from Vaccination Mandates; Public and Private Employers.

I.  Any public or private employer that receives public funds from the federal or state government or any subdivision thereof, whether such funds are in the form of payment for contractual services, grants, or in any other form however denominated, and irrespective of the amount or level of such funding, and mandates any vaccine, inoculation, or immunization procedure, shall offer an employee the opportunity to submit a request for a medical, religious, or right of conscience exemption.

II.  An employee's written request for exemption shall simply state:  “I, (employee name), hereby submit a request for a medical, religious, or right of conscience exemption from the mandated vaccination or inoculation.  [employee signature and date]”.  Such request for exemption shall be granted.  The employer may then work with the employee to see if an agreement for a reasonable accommodation can be reached.

III.  If any provision of this section or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

3  New Chapter; Exemptions from Vaccination Mandates in

Postsecondary Educational Institutions.  Amend RSA by inserting after chapter 200-N the following new chapter:

CHAPTER 200-O

EXEMPTIONS FROM VACCINATION MANDATES IN

POSTSECONDARY EDUCATIONAL INSTITUTIONS

200-O:1  Exemptions from Vaccination Mandates; Postsecondary Educational Institutions.

I.  Any postsecondary educational institution that receives public funds from the federal or state government or any subdivision thereof, whether such funds are in the form of payment for contractual services, grants, or in any other form however denominated, and irrespective of the amount or level of such funding, and mandates any vaccine, inoculation, or immunization procedure, shall offer each student the opportunity to submit a request for a medical, religious, or right of conscience exemption.

II.  A student's written request for exemption shall simply state:  “I, (student name), hereby submit a request for a medical, religious, or right of conscience exemption from the mandated vaccination or inoculation.  [student signature and date]”.  Such request for exemption shall be granted.  The school may then work with the student to see if an agreement for a reasonable accommodation can be reached.

200-O:2  Severability.  If any provision of this chapter or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

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