Governor Hassan's Veto Message Regarding SB 495

Statement

Governor Maggie Hassan released the following message after today vetoing Senate Bill 495:

"By the authority vested in me, pursuant to part II, Article 44 of the New Hampshire Constitution, on June 21, 2016, I have vetoed Senate Bill 495, relative to the definition of a cigar bar.

"I am vetoing Senate Bill 495 because it undermines our efforts to protect public health through the Smoke-free Bar and Restaurant provision of the Indoor Smoking Act. In addition, this bill underwent a defective process, in which the final content of the bill did not receive a public hearing. The bill's original intent had nothing to do with cigar bars and all language related to the bill's original purpose was stripped by the Committee of Conference. As a result, the provision relative to cigar bars -- which was added in a work session and did not receive a public hearing -- made up the entirety of the final bill.

"In 2009, the cigar bar license was created to allow cigar shops to sell alcohol while customers sampled cigar products. At that time, we crafted the smoking exemption for cigar bars with specific parameters, including a provision that cigar bars cannot sell food or provide food free of charge, so that they were not competing with restaurants and bars that sold or provided food and fell under the Indoor Smoking Act.

"As passed, Senate Bill 495 would undermine public health, as well as the delicate balance that we struck in 2009, something that would have been revealed if the non-germane amendment pertaining to cigar bars had received a public hearing. By allowing cigar bars to provide or allow food free of charge, it would begin to break down the construct of the successful Smoke-free Bar and Restaurant provision of the Indoor Smoking Act that has served our state well and maintained fairness.

"The members of the Tobacco-Free New Hampshire Network -- including the American Heart Association, the American Cancer Society, the American Lung Association, Breathe New Hampshire, and the New Hampshire Public Health Association -- all oppose this legislation for public health reasons and have expressed dismay that there was not a public hearing.

"This measure undermines our efforts to protect public health and maintain fair competition under the Indoor Smoking Act, and it underwent a defective process without a properly noticed public hearing. Therefore, I have vetoed Senate Bill 495."

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