WILL COMMISSIONER at DEPARTMENT of HEALTH & HUMAN SERVICES DO THE RIGHT THING?
 

No one has the authority to give a town permission to contradict or break the State laws.

The Colebrook Smoking ban cannot go into effect until the Commissioner of the New Hampshire Department of Health and Human Services (DHHS) approves the towns special restaurant permit that's sole purpose is to ban smoking.

Read our message asking the question, "What will the Commissioner do?"   written to Executive Assistant, Commissioner NH Department of Health and Human Services 6/4/02

June 4, 2002

Dear Kathleen,
Executive Assistant, Commissioner NH Department of Health and Human Services

We have a question for the Commissioner of Health and Human Services and it has been difficult to determine who can answer it, so will you please ask the Commissioner who is qualified to give us an answer.

So far, I've asked Mr. John Martin, (Attorney-at-Law, Legal Coordinator, NH DHHS) and he told me he is not authorized to speak on the Commissioner's behalf.  This weekend, I sent my question to Frank Nachman (Chief Legal Council, Program Support Office NH DHHS), but I don't know if authorized to speak on the Commissioner's behalf either.

I am writing on behalf of Colebrook residents who are concerned because our town voted on May 29th to put into effect a health ordinance banning smoking in restaurants.  The ordinance establishes a special town restaurant licence that's sole purpose is to ban smoking.   Colebrook will need the approval of the  Commissioner of DHHS to create this town licence.

I have been trying to learn if the Commissioner would grant this permission, and if so how would he justify giving the town permission to contradict state law.

Presently, the NH Indoor Smoking act explicitly gives restaurant owners the authority to designate smoking sections. (Statutes 155.64 - 155.77)   The legislature has considered whether to allow towns to make their own smoking laws, and voted 233 to 103 to NOT AMEND THE INDOOR SMOKING ACT by adding a subsection explicitly authorizing towns to make more stringent laws (HB.1444 3/9/00).  The legislature also voted 219 to 110 against a bill banning smoking in restaurants, which again included an amendment explicitly authorizing towns to make more stringent smoking laws.  (HB.1358 2/17/00)

How will the Commissioner respond to Colebrook's forthcoming request to establish it's first Town Restaurant Licence which will be used to forbid smoking in restaurants?

Looking forward to any reply.

Sincerely.

resident of Colebrook

___________________________ followed by text of letter to Mr. Nachman  https://colebrookjustice.tripod.com/DHHS.html