SB 374-FN - AS INTRODUCED

2022 SESSION

22-3001

05/10

SENATE BILL 374-FN

AN ACT relative to the SARS-CoV-2 vaccinations.

SPONSORS: Sen. French, Dist 7; Sen. Avard, Dist 12; Rep. Hill, Merr. 3; Rep. Hough, Belk. 3; Rep. Silber, Belk. 2

COMMITTEE: Health and Human Services

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ANALYSIS

This bill prohibits a person from requiring that an individual who had COVID-19 or who is under the age of 18 receive a vaccination against the virus as a condition for employment, education, or access to businesses or entities open to the public.  The bill also establishes an exemption as a matter of conscience against a vaccination mandate.  The bill establishes a criminal penalty and a private right of action for enforcement.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-3001

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the SARS-CoV-2 vaccinations.

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

1  New Chapter; COVID Viruses and Vaccinations.  Amend RSA by inserting after chapter 354-B the following new chapter:

CHAPTER 354-C

COVID VIRUSES AND VACCINATIONS

354-C:1 SARS-CoV-2 Vaccinations; Exemptions and Limitations.

I.  No person who can establish that they have previously been infected with the SARS-CoV-2 virus, including any of its variants, shall be mandated by any person or entity, public or private, to be vaccinated for the SARS-CoV-2 virus or any of its variants.

II.  No person under the age of 18 shall be mandated to be vaccinated for the SARS-CoV-2 virus or any of its variants by any person or entity, public or private, as a prerequisite or requirement for the following: employment, education, activities, attendance at, or access to any business or entity open to the public, or the like.

III.  No person claiming an exemption as a matter of conscience for themselves or their children, shall be mandated to be vaccinated for the SARS-CoV-2 virus or any of its variants by any person or entity, public or private, as a prerequisite or requirement for the following: employment, education, activities, attendance, or access to any business or entity open to the public; or the like. All claims for an exemption as a matter of conscience shall have the presumption of validity and shall be respected.

354-C:2  Criminal Penalties; Enforcement.

I. Any person or entity, public or private, who violates the provisions of this chapter shall be guilty of a Class A misdemeanor.

II. Any person whose rights under this chapter are violated by any person or entity may bring a civil action in superior court to enforce the provisions hereof and shall be entitled to equitable relief, including an injunction, civil damages in the amount of actual damages or $1,000 a day for each day of the violation, costs, and attorney fees.

2  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-3001

12/15/21

SB 374-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the SARS-CoV-2 vaccinations.

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

METHODOLOGY:

This bill prohibits a person from requiring that an individual who had COVID-19 or who is under the age of 18 receive a vaccination against the virus as a condition for employment, education, or access to businesses or entities open to the public.  The bill also establishes an exemption as a matter of conscience against a vaccination mandate.  The bill establishes a criminal penalty and a private right of action for enforcement.

This bill contain a penalty that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

This bill contains penalties that will have an indeterminable impact on the Judicial Branch system.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation.  The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity.  A new case study is being conducted  and updated estimates will be available in the future.

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget.  However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.  

AGENCIES CONTACTED:

Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties