Revision: April 21, 2021, 12:57 p.m.
Rep. Baxter, Rock. 20
April 16, 2021
2021-1149h
05/10
Amendment to SB 155-FN
Amend the title of the bill by replacing it with the following:
AN ACT codifying provisions included in select emergency orders issued by the governor in response to the COVID-19 pandemic and prohibiting the state from requiring documentation of COVID-19 vaccination status.
Amend RSA 318:37-a, I(c) as inserted by section 6 of the bill by replacing it with the following:
(c) The out-of-state pharmacy presents to the office of professional licensure and certification evidence that they are licensed in good standing in another jurisdiction.
Amend the bill by replacing all after section 8 with the following:
9 New Section; Liquor Licenses and Fees; Expansion of Outdoor Dining. Amend RSA 178 by inserting after section 31 the following new section:
178:32 Expansion of Outdoor Dining.
I. Restaurants and other food service establishments licensed under RSA 143-A:4 shall be permitted to expand outside wherever an outdoor dining area can be set up safely, such as parking spaces close to entrances, sidewalks, existing patios, lawn areas, or other appropriate areas. The food service establishment shall be responsible for cleaning and disinfecting the outdoor dining area, pursuant to state and federal guidelines. The outdoor dining area shall be clearly delineated and distanced from the general public. If expansion is in a shared space, such as a sidewalk or street, the restaurant shall be required to coordinate and seek approval from local authorities.
II. Authorization to serve alcohol in the temporary outdoor dining area shall be limited to food service establishments with on-premises beverage and wine or on-premises beverage and liquor licenses issued under this chapter.
III. The state liquor commission shall adopt such rules under RSA 541-A, as may be needed to implement this section.
IV. In order to minimize persons entering into restaurants or off-sale licensees, the commission shall amend administrative rule Liq404.04 (d) to permit the curbside delivery of retail beer and table wine by off-sale licensees to persons meeting the requirements of RSA 179:5.
10 New Chapter; COVID-19 Vaccine Requirement Prohibited. Amend RSA by inserting after chapter 9-F the following new chapter:
CHAPTER 9-G
COVID-19 VACCINE REQUIREMENT PROHIBITED
9-G:1 Statement of Purpose. It is the policy of the state of New Hampshire to safeguard medical privacy and liberty, which includes protecting the public from coercive COVID-19 vaccination. It is the policy of the state of New Hampshire to prohibit all forms of discrimination. This chapter is intended to further these policies. The state of New Hampshire and all of its government entities, and customers of companies contracting with or otherwise doing business with or receiving public funds from the state of New Hampshire or any of its government entities, are prohibited from requiring any person to receive the COVID-19 vaccine or to possess a COVID-19 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 persons based on non-receipt of the COVID-19 vaccine or failure to possess a COVID-19 immunity passport, immunity pass, or any other documentation for certifying vaccination or immunity status.
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;
(c) The likelihood that the potential harm will occur; and
(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, 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 against COVID-19 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. “Governmental entity” 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.
9-G:3 Prohibition on Requiring COVID-19 Vaccination or Documentation.
I. The state of New Hampshire and all of its government entities shall not 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 the COVID-19 vaccine or to possess a COVID-19 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 the COVID-19 vaccine or failure to possess a COVID-19 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 person receive the COVID-19 vaccine or possess a COVID-19 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 the COVID-19 vaccine or failure to possess a COVID-19 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 voidable by the state of New Hampshire or government entity.
9-G:4 Exemption. Medical facilities treating COVID-19 patients shall be exempt from RSA 9-G:3 where a direct threat exists that cannot be eliminated or reduced by reasonable accommodation.
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.
11 Prospective Repeals. RSA 310-A:1-h, relative to emergency licensing procedures.
I. Section 11 of this act shall take effect January 1, 2022.
II. The remainder of this act shall take effect upon its passage.
2021-1149h
AMENDED ANALYSIS
This bill:
I. Establishes the position of temporary health partner.
II. Authorizes emergency licensing of medical providers.
III. Authorizes COVID-19 testing and vaccination by pharmacists and pharmacy technicians.
IV. Permits out-of-state pharmacies providing investigational drugs to clinical trial participants in New Hampshire to be licensed as mail-order pharmacies.
V. Protects the pre-existing, non-conforming use status of summer camps that were unable to operate during the summer of 2020 due to COVID-19.
VI. Establishes procedures to allow construction to continue during the pandemic.
VII. Authorizes expanded outdoor dining.
VIII. Prohibits the state, and any entity that receives state funds, from establishing a COVID-19 vaccine requirement.