Revision: June 8, 2017, 3:31 p.m.
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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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| |||
| 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