HB 1457 – AS AMENDED BY THE HOUSE
05Mar2008… 0726h
2008 SESSION
01/03
HOUSE BILL 1457
AN ACT allowing smoking in cigar bars.
This bill allows smoking in cigar bars where 60 percent of total business income is derived from cigar-related products.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0726h
08-2288
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT allowing smoking in cigar bars.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Definition Added. Amend RSA 155:65 by inserting after paragraph I the following new paragraph:
I-a. “Cigar bar” means an establishment that occupies exclusively an enclosed indoor space that is engaged in the retail sale of cigar products for consumption on the premises, or other legally acceptable places, and derives revenue from the sale of food, alcohol, and other beverages for consumption on the premises, prohibits entry to a person under the age of 18, and holds a tobacco retailers license as required by RSA 78:2.
2 New Paragraph; Indoor Smoking Act; Exemption Added. Amend RSA 155:67 by inserting after paragraph XI the following new paragraph:
XII. Cigar bars where more than 60 percent of total business income is derived from cigar-related products.
3 New Paragraph; Written Policies. Amend RSA 155:68 by inserting after paragraph IV the following new paragraph:
V. Written policies shall require employers to have all employees working in cigar bars to sign a form which clearly states the potential dangers of inhaling second-hand smoke and that the employee chooses to work in such cigar bar. Such forms shall be kept on file with the employee’s records. Any employer who fails to comply with this paragraph shall be subject to the penalty under RSA 155:76.
4 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2288
Amended 03/21/08
HB 1457 FISCAL NOTE
AN ACT allowing smoking in cigar bars.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2008-0726h), may increase state general fund expenditures by $39,697 in FY 2009, $72,933 in FY 2010, $76,227 in FY 2011, and $79,633 in FY 2012. This bill will have no fiscal impact on state, county, and local revenue, or county and local expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill amends the New Hampshire Indoor Smoking Act (“the Act”) to allow smoking in bars where more than 60 percent of total business income is derived from cigar-related products. Since this bill redefines portions of the Act, it is assumed that there will be an increase in the number of contacts handled by the Tobacco Prevention and Control Program and an ongoing need for enforcement of the law. Although this bill does not establish any new positions or contain an appropriation, the Department assumes it would need to hire one Program Specialist III position (Labor Grade 23) to be responsible for ensuring compliance with the Act. Assuming an implementation date of January 1, 2009, annual salary step increases, benefits at 48.3% of salary, and associated costs, the Department estimates the potential fiscal impact as follows:
FY 2009 FY 2010 FY 2011 FY 2012
Salary $20,543 $42,842 $44,753 $46,722
Benefits 9,922 20,693 21,616 22,567
Current Expenses 1,000 2,000 2,000 2,000
Equipment 3,500 0 0 0
In-State Travel 1,000 1,000 1,000 1,000
Out-of-State Travel 1,500 1,600 1,700 1,800
Rent 2,232 4,798 5,158 5,544
Total Expenditures $39,697 $72,933 $76,227 $79,633
The Department states there may be a local impact to law enforcement and health officers as local health issues emerge, but any such costs are indeterminable at this time.