HB 1379

AN ACT affirming the state's sovereignty and revising the state's labor laws application to elected and appointed officials.

SPONSORS: Rep. L. Christiansen, Hills 23

This bill affirms state sovereignty under Part I, Art. 7, of the state constitution.

This bill removes elected and appointed officials and members of their personal staffs from the state laws on:

deferred compensation,

labor law protection,

payment of wages,

whistleblowers protection act,

safety and health of employees,

toxic substances in the workplace,

minimum wage law, and

workers compensation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT affirming the state's sovereignty and revising the state's labor laws application to elected and appointed officials.

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

1 Affirmation of State Sovereignty. The general court affirms that the New Hampshire Constitution, Part I, Article 7, guarantees that "the people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled." All statutes, rules, regulations, and orders that do not conform strictly to Part I, Article 7 of the New Hampshire Constitution shall be deemed void and unenforceable.

2 Elected and Appointed Officials Excluded From the Definition of Employee for Purposes of Deferred Compensation. Amend RSA 101-B:1 to read as follows:

101-B:1 Definition. In this chapter, "employee" means any person [~~whether appointed, elected or under contract,~~] providing services for the state, county, city, town or other political subdivision, for which compensation is paid. "Employee" shall not include any person elected to public office, his or her personal staff, or any person appointed on the policymaking level.

3 Elected and Appointed Official Excluded From Definition of Employee in Protective Legislation. Amend the introductory paragraph of RSA 275:4, II to read as follows:

II. In this subdivision, "employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VII(b), any person elected to public office, his or her personal staff, any person appointed on the policymaking level, or any person who meets all of the following criteria:

4 Elected and Appointed Officials Excluded From the Definition of Employee for Purposes of Payment of Wages. Amend the introductory paragraph of RSA 275:42, II to read as follows:

II. "Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VII(b), any person elected to public office, his or her personal staff, any person appointed on the policymaking level, or any person who meets all of the following criteria:

5 Elected and Appointed Officials not Employees under the Whistleblowers' Protection Act. Amend the introductory paragraph of RSA 275-E:1, I to read as follows:

I. "Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VII(b), any person elected to public office, his or her personal staff, any person appointed on the policymaking level, or any person who meets all of the following criteria:

6 Elected and Appointed Officials Excluded From the Definition of Employee for Purposes of Safety and Health of Employees. Amend RSA 277:1-b, I to read as follows:

I. "Employee" means any person employed to work in a place of employment. Volunteers or auxiliary members of a fire, police department, ambulance service or the state police, whether paid or not paid, shall be deemed to be in the employment of a political subdivision when performing official service or duty for a political subdivision. Any person elected to public office, members of his or her personal staff, and any person appointed on the policymaking level shall not be deemed to be in the employment of the state or a political subdivision.

7 Elected and Appointed Officials Excluded From the Definition of Employee for Purposes of Toxic Substances in the Workplace. Amend RSA 277-A:3, I to read as follows:

I. "Employee" means any person who currently works or formerly worked, with or without compensation, in a workplace. The term "employee" does not include domestic workers, [or] casual laborers employed at the place of residence of the employer, persons elected to public office, members of their personal staff, or persons appointed on the policymaking level.

8 Elected and Appointed Officials Excluded From Definition of Employee Under Minimum Wage Law. Amend the introductory paragraph of RSA 279:1, X to read as follows:

X. "Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VII(b), any person elected to public office, his or her personal staff, any person appointed on the policymaking level, or any person who meets all of the following criteria:

9 Elected and Appointed Officials not Employees for Purposes of Workers Compensation. Amend RSA 281-A:2, VII (a)(1) to read as follows:

(1) Any person in the service of an employer, as defined in RSA 281-A:2, IX, [~~including members of the general court,~~] under any express or implied voluntary contract of hire and every [~~elected or appointed official or~~] officer of the state or any political subdivision or agency thereof while performing official duties.

AN ACT affirming the state's sovereignty and revising the state's labor laws application to elected and appointed officials.

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from an agency.