Bill Text - SB89 (2017)

Relative to the relationship between a franchisor and a franchisee.


Revision: July 20, 2017, 10:55 a.m.

CHAPTER 255

SB 89 - FINAL VERSION

 

06/22/2017   2295CofC

06/22/2017   2387EBA

2017 SESSION

17-0947

06/05

 

SENATE BILL 89

 

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

 

SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Gannon, Dist 23; Sen. Reagan, Dist 17; Sen. French, Dist 7; Sen. Carson, Dist 14; Rep. Chandler, Carr. 1; Rep. Hinch, Hills. 21; Rep. Packard, Rock. 5

 

COMMITTEE: Commerce

 

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ANALYSIS

 

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

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/22/2017   2295CofC

06/22/2017   2387EBA 17-0947

06/05

 

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:

 

255:1  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.

255:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 18, 2017

Effective Date: July 18, 2017

CHAPTER 255

SB 89 - FINAL VERSION

 

06/22/2017   2295CofC

06/22/2017   2387EBA

2017 SESSION

17-0947

06/05

 

SENATE BILL 89

 

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

 

SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Gannon, Dist 23; Sen. Reagan, Dist 17; Sen. French, Dist 7; Sen. Carson, Dist 14; Rep. Chandler, Carr. 1; Rep. Hinch, Hills. 21; Rep. Packard, Rock. 5

 

COMMITTEE: Commerce

 

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ANALYSIS

 

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

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

06/22/2017   2295CofC

06/22/2017   2387EBA 17-0947

06/05

 

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:

 

255:1  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.

255:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: July 18, 2017

Effective Date: July 18, 2017