HB353 (2017) Detail

(New Title) relative to the relationship between a franchisor and a franchisee.


HB 353-FN - AS AMENDED BY THE SENATE

 

8Mar2017... 0533h

05/18/2017   1700s

05/18/2017   1874s

06/08/2017   2163s

2017 SESSION

17-0249

03/09

 

HOUSE BILL 353-FN

 

AN ACT relative to the relationship between a franchisor and a franchisee.

 

SPONSORS: Rep. Williams, Hills. 4

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill clarifies when a franchisor is an employer of a franchisee.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0533h

05/18/2017   1700s

05/18/2017   1874s

06/08/2017   2163s 17-0249

03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the relationship between a franchisor and a franchisee.

 

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

 

1  Procuring Employment; Imposition of Conditions; Definition of Terms; Employer.  Amend RSA 275:4, I to read as follows:

I.  The term "employer'' as used in the preceding section shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.  A franchisor is only an employer if the franchisor agrees in writing to assume the role of employer or co-employer of the franchisee or the employee of the franchisee.

I-a.  For the purposes of this section, "franchisee" and "franchisor" have the same meanings as in section 436.1 of title 16 of the Code of Federal Regulations.

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

 

LBAO

17-0249

Amended 5/24/17

 

HB 353-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2017-1700s and #2017-1874s)

 

AN ACT relative to sales of beer in refillable containers.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Liquor Fund

 

METHODOLOGY:

This bill permits a licensee to request a beer specialty license from the Liquor Commission which will allow the licensee to fill and sell standard refillable beer containers (i.e., growlers).  Under the proposed bill, if a manufacturer objects to sales of its products in refillable containers from a licensee, the Commission shall notify the licensee, and the licensee shall not be permitted to fill any container with the objecting manufacturer's beer.

 

The Liquor Commission has no method available to determine the number of new licenses that will be issued.  The Commission states it would need to conduct an initial inspection of every eligible on-premises and off-premises licensee that chooses to obtain a refillable beer container license to ensure compliance with the new requirements included in this bill.  However, there is no law or administrative rule requiring the Commission to conduct an initial inspection of every new licensee.  The Liquor Commission currently attempts to conduct an annual inspection of every eligible on-premises and off-premises licensee that could choose to obtain a refillable beer container license.  To conduct initial site inspections of all new licensees the Commission anticipates it would need to hire a new Liquor Examiner at the following cost:

Liquor Examiner II, Group I (LG 20)

FY 2018

FY 2019

FY 2020

FY 2020

Salary & Benefits

$78,500

$82,551

$85,207

$87,836

Equipment, OT, Training, & Current Expenses

$34,000

$6,500

$6,500

$6,500

Totals

$112,500

$89,051

$91,707

$94,336

   

The Commission does not anticipate any additional costs related to informing licensees that a particular manufacturer does not want them to distribute their product via a refillable container.  The Enforcement Division's existing system can accommodate this requirement.  

 

AGENCIES CONTACTED:

Liquor Commission

 

 

Links

HB353 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2017 House Hearing
Feb. 8, 2017 House Exec Session
Feb. 14, 2017 House Exec Session
Feb. 21, 2017 House Exec Session
March 8, 2017 House Floor Vote
April 25, 2017 Senate Hearing
May 18, 2017 Senate Floor Vote
May 18, 2017 Senate Floor Vote
May 31, 2017 Senate Floor Vote

Bill Text Revisions

HB353 Revision: 1028 Date: June 8, 2017, 3:31 p.m.
HB353 Revision: 1029 Date: May 25, 2017, 8:27 a.m.
HB353 Revision: 1030 Date: March 14, 2017, 9:40 a.m.
HB353 Revision: 1031 Date: Jan. 30, 2017, 9:56 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 9
Jan. 18, 2017 Public Hearing: 01/18/2017 11:00 AM LOB 302
Jan. 25, 2017 Subcommittee Work Session: 01/25/2017 09:00 AM LOB 302
Feb. 1, 2017 Subcommittee Work Session: 02/01/2017 09:00 AM LOB 302
Feb. 7, 2017 Subcommittee Work Session: 02/07/2017 11:00 AM LOB 302
Feb. 8, 2017 ==RECESSED== Executive Session: 02/08/2017 10:00 AM LOB 302
Feb. 14, 2017 Subcommittee Work Session: 02/14/2017 11:00 AM LOB 302
Feb. 14, 2017 ==RECESSED== Executive Session: 02/14/2017 01:30 PM LOB 302
Feb. 21, 2017 Subcommittee Work Session: 02/21/2017 10:30 AM LOB 302
Feb. 21, 2017 Executive Session: 02/21/2017 01:30 PM LOB 302
March 8, 2017 Committee Report: Ought to Pass with Amendment # 2017-0533h for 03/08/2017 (Vote 17-3; RC)
March 8, 2017 Amendment # 2017-0533h: AA VV 03/08/2017 HJ 9 P. 54
March 8, 2017 Ought to Pass with Amendment 0533h: MA VV 03/08/2017 HJ 9 P. 54
March 9, 2017 Introduced 03/09/2017 and Referred to Commerce; SJ 9
April 25, 2017 Hearing: 04/25/2017, Room 100, SH, 01:30 pm; SC 18
May 18, 2017 Committee Report: Ought to Pass with Amendment # 2017-1700s, 05/18/2017; SC 23
May 18, 2017 Special Order HB 353-FN to the end of the calendar, Without Objection, MA; 05/18/2017; SJ 17
May 18, 2017 Committee Amendment # 2017-1700s, AA, VV; 05/18/2017; SJ 17
May 18, 2017 Sen. Sanborn Floor Amendment # 2017-1874s, RC 14Y-8N, AA; 05/18/2017; SJ 17
May 18, 2017 Sen. Watters Floor Amendment # 2017-1869s, RC 8Y-14N, AF; 05/18/2017; SJ 17
May 18, 2017 Ought to Pass with Amendments 2017-1700s, and 2017-1874s, MA, VV; Refer to Finance Rule 4-5; 05/18/2017; SJ 17
May 31, 2017 Committee Report: Ought to Pass with Amendment # 2017-2010s, 05/31/2017; SC 25
May 31, 2017 Sen. D'Allesandro Moved Laid on Table, MA, VV; 05/31/2017; SJ 18
May 31, 2017 Pending Motion Committee Amendment # 2017-2010s; 05/31/2017; SJ 18
June 8, 2017 Sen. Bradley Moved to suspend all rules necessary to permit the consideration of HB 353-FN; 2/3 necessary, MA, VV; 06/08/2017; SJ 19
June 8, 2017 Sen. Bradley Moved to Remove From Table, MA, VV; 06/08/2017; SJ 19
June 8, 2017 Committee Amendment # 2017-2010s, AF, VV; 06/08/2017; SJ 19
June 8, 2017 Sen. Bradley Floor Amendment # 2017-2163s, AA, VV; 06/08/2017; SJ 19
June 8, 2017 Ought to Pass with Amendment 2017-2163s, MA, VV; OT3rdg; 06/08/2017; SJ 19
June 8, 2017 House refused to accept HB 353-FN as amended; 06/08/2017