Section 1:9 Determination of Need for Monuments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:9

1:9 Determination of Need for Monuments. – Upon receipt of an application under RSA 1:8, the commissioner of the department of transportation in consultation with the attorney general shall arrange for a joint review with appropriate officials of the adjoining state to determine whether any monument or marking will be affected and if so, whether said monument or marking is needed. Upon determination of need or lack of need for marking of the boundary, the commissioner shall certify the determination made to the applicant.

Source. 2000, 35:1, eff. Jan. 1, 2001.

Section 1:10 Permit for Resetting Markers and Bounds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:10

1:10 Permit for Resetting Markers and Bounds. – Upon a determination of need, the commissioner of the department of transportation may issue a permit for the alteration or resetting of the original boundary or mark upon approval of the adjoining state. Conditions for the alteration or resetting shall be determined by the commissioner and all costs borne by the applicant . A full description of any change in such monument or mark, signed by a representative of both states, shall be recorded with the secretary of state .

Source. 1973, 580:1, eff. July 5, 1973.

Section 1-A:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1-A
NEW HAMPSHIRE COORDINATE SYSTEM

Section 1-A:1

    1-A:1 Definitions. – In this chapter:
    I. "The New Hampshire coordinate system of 1927'', as defined by the former United States Coast and Geodetic Survey, means a transverse mercator projection of the Clarke spheroid of 1866, having a standard meridian at 71%A140%2C along which meridian the scale shall be one part in 30,000 too small. The origin of coordinates is at the intersection of the said meridian 70%A140%2C west of Greenwich and the parallel 42%A130%2C north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
    II. "The New Hampshire coordinate system of 1983'', as defined by the National Ocean Service/National Geodetic Survey, means a transverse mercator projection of the North American datum of 1983, having a standard meridian at 71%A140%2C along which meridian the scale shall be one part in 30,000 too small. The origin of coordinates is at the intersection of the said meridian 71%A140%2C west of Greenwich and the parallel 42%A130%2C north latitude. This origin is given the coordinates: x = 300,000 meters and y = 0 meters.

Source. 1985, 216:1, eff. July 30, 1985.

Section 1-A:2 Application of Coordinate Systems.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1-A
NEW HAMPSHIRE COORDINATE SYSTEM

Section 1-A:2

1-A:2 Application of Coordinate Systems. – The use of the term "New Hampshire coordinate system of 1927'' or "New Hampshire coordinate system of 1983'' on any map, report of survey, or other document shall be limited to coordinates based on the New Hampshire coordinate system as defined in RSA 1-A:1. The New Hampshire coordinate system of 1927 shall not be used after December 31, 1989. The New Hampshire coordinate system of 1983 shall be the sole coordinate system used on or after January 1, 1990.

Source. 1985, 216:1, eff. July 30, 1985.

Section 1-A:3 Systems of Plane Coordinates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1-A
NEW HAMPSHIRE COORDINATE SYSTEM

Section 1-A:3

1-A:3 Systems of Plane Coordinates. – The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the state of New Hampshire are hereafter to be known and designated as the New Hampshire coordinate system of 1927 and the New Hampshire coordinate system of 1983.

Source. 1985, 216:1, eff. July 30, 1985.

Section 1-A:4 Plane Coordinate Values.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1-A
NEW HAMPSHIRE COORDINATE SYSTEM

Section 1-A:4

1-A:4 Plane Coordinate Values. – The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in this system, shall consist of 2 distances expressed in United States survey feet and decimals of a foot when using the New Hampshire coordinate system of 1927 and expressed in meters and decimals of a meter and United States survey feet and decimals of a foot when using the New Hampshire coordinate system of 1983. One of these distances, to be known as the "x-coordinate,'' shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate,'' shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Service/National Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this chapter. Any such station may be used for establishing a survey connection to either New Hampshire coordinate system.

Source. 1985, 216:1, eff. July 30, 1985.

Section 1-A:5 Recording Coordinates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1-A
NEW HAMPSHIRE COORDINATE SYSTEM

Section 1-A:5

1-A:5 Recording Coordinates. – No coordinates based on either the 1927 or 1983 New Hampshire coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless the licensed land surveyor in charge attaches a certification regarding the beginning coordinate source, distance traversed to establish the final coordinates, and adheres to third-order geodetic surveying procedures or better, in effect at the time of the survey as outlined by the Federal Geodetic Control Committee or its successors.

Source. 1985, 216:1, eff. July 30, 1985.

Section 2:1 Aerial Survey.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 2
AERIAL SURVEY

Section 2:1

2:1 Aerial Survey. – The commissioner of the department of resources and economic development, with the consent of the governor and council, is hereby authorized to provide for making aerial surveys of the state of New Hampshire in such manner and of such character as best may serve the interests of the state and its people.

Section 2:5

2:5 Cooperation with Other Agencies. – The commissioner of the department of resources and economic development, with the approval of the governor and council, is hereby authorized to cooperate with and accept financial and other assistance from agencies of the state government, agencies of the government of the United States, and such other private contributors as may desire to participate in conducting said aerial surveys.

Source. 1945, 91:5. RSA 2:5. 1973, 450:2, eff. July 1, 1973.

Section 3:1 State Emblem.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:1

3:1 State Emblem. – The state emblem shall be of the following design: Within an elliptical panel, the longest dimension of which shall be vertical, there shall appear an appropriate replica of the Old Man of the Mountain; surrounding the inner panel, and enclosed within another ellipse, there shall be at the bottom of the design the words of any state motto which may be adopted by the general court; and at the top of the design, between the inner and outer elliptical panels, the words, New Hampshire, appropriately separated from the motto, if adopted, by one star on each side. Said emblem may be placed on all printed or related material issued by the state and its subdivisions relative to the development of recreational, industrial, and agricultural resources of the state.

Source. 1945, 148:1. RSA 3:1. 1957, 107:1, eff. July 2, 1957.

Section 3:2 State Flag.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:2

3:2 State Flag. – The state flag shall be of the following color and design: The body or field shall be blue and shall bear upon its center in suitable proportion and colors a representation of the state seal. The seal shall be surrounded by a wreath of laurel leaves with nine stars interspersed. When used for military purposes the flag shall conform to the regulations of the United States.

Source. 1909, 16:2. PL 8:1. 1931, 133:1. RL 13:1.

Section 3:3 When Displayed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:3

3:3 When Displayed. – It shall be displayed above the state house whenever the legislature is in session and during meetings of the governor and council when expedient, and upon such other occasions as the governor may designate.

Source. 1909, 16:3. PL 8:2. RL 13:2.

Section 3:3-a Display of POW-MIA Flag.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:3-a

3:3-a Display of POW-MIA Flag. – The POW-MIA flag shall be displayed above the state house in Concord whenever the flag of the United States is flown until all questions concerning the fate of America's POW's and MIA's are sufficiently resolved.

Source. 1987, 44:1, eff. April 22, 1987. 1998, 6:1, eff. May 25, 1998.

Section 3:3-b POW-MIA Flag Design.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:3-b

3:3-b POW-MIA Flag Design. – The POW-MIA flag shall be of the following color and design: the body or field shall be black and shall bear upon its center white markings which outline the silhouette of the head and shoulders of a man. To the left of this central figure shall be the outline of a guard tower, in which shall be an armed guard. A strand of barbed wire shall be to the right of the central figure. "POW-MIA'' shall be written in large, white, capitalized letters at the top of the flag. Below the central design shall be 12 connected arrow feathers. Below this design shall be written "You are not forgotten.'' in white letters.

Source. 1987, 44:1, eff. April 22, 1987.

Section 3:4 Permission to Use State Flag.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:4

3:4 Permission to Use State Flag. – The governor is authorized to make rules and regulations governing the use and display of the state flag not inconsistent with the provisions of RSA 646, and it shall be lawful to use and display said flag in accordance with such rules and regulations. This section shall be construed to encourage the display of the state flag on public buildings.

Source. 1953, 266:7. RSA 3:4. 1955, 305:1. 1971, 291:2, eff. Aug. 22, 1971.

Section 3:5 State Flower.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:5

3:5 State Flower. – The purple lilac, Syringa vulgaris, is the state flower of New Hampshire.

Source. 1919, 148:1. PL 8:3. RL 13:3.

Section 3:6 State Tree.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:6

3:6 State Tree. – The white birch tree, Betula papyrifera, is the state tree of New Hampshire.

Source. 1947, 158:1, eff. May 22, 1947.

Section 3:7 State Songs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:7

    3:7 State Songs. – The following songs are hereby declared to be the state songs of New Hampshire:
    I. "Old New Hampshire'' with words by Dr. John F. Holmes and music by Maurice Hoffmann.
    II. "New Hampshire, my New Hampshire'' with words by Julius Richelson and music by Walter P. Smith.
    III. "New Hampshire Hills'' with words by Paul Scott Mowrer and music by Tom Powers.
    IV. "Autumn in New Hampshire'' with words and music by Leo Austin.
    V. "New Hampshire's Granite State'' with words and music by Anne B. Currier.
    VI. "Oh, New Hampshire (you're my home)'' with words and music by Brownie McIntosh.
    VII. "The Old Man of the Mountain'' with words and music by Paul Belanger.
    VIII. "The New Hampshire State March'' with words and music by Rene Richards.
    IX. "New Hampshire Naturally'' with words and music by Rick Shaw and Ron Shaw.

Source. 1949, 38:1. 1977, 224:1. 1983, 190:1, eff. Aug. 14, 1983.

Section 3:7-a Second State Song.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:7-a

3:7-a Second State Song. – [Repealed 1977, 224:2, eff. June 15, 1977.] Section 3:7-b Third State Song.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:7-b

3:7-b Third State Song. – [Repealed 1977, 224:2, eff. June 15, 1977.] Section 3:7-c Fourth State Song.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:7-c

3:7-c Fourth State Song. – [Repealed 1977, 224:2, eff. June 15, 1977.] Section 3:8 State Motto.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:8

3:8 State Motto. – The words "Live Free or Die,'' written by General John Stark, July 31, 1809, shall be the official motto of the state.

Source. 1945, 152:1, eff. May 10, 1945.

Section 3:9 State Seal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:9

3:9 State Seal. – The seal of the state shall be 2 inches in diameter, circular, with the following detail and no other: A field crossed by a straight horizon line of the sea, above the center of the field; concentric with the field the rising sun, exposed above the horizon about 1/3 of its diameter; the field encompassed with laurel; across the field for the full width within the laurel a broadside view of the frigate Raleigh, on the stocks; the ship's bow dexter and higher than the stern; the 3 lower masts shown in place, together with the fore, main and mizzen tops, shrouds and mainstays; an ensign staff at the stern flies the United States flag authorized by act of Congress June 14, 1777; a jury staff on the mainmast and another on the foremast each flies a pennant; flags and pennants are streaming to the dexter side; the hull is shown without a rudder; below the ship the field is divided into land and water by a double diagonal line whose highest point is sinister; no detail is shown anywhere on the water, nor any on the land between the water and the stocks except a granite boulder on the dexter side; encircling the field is the inscription, SEAL • OF • THE • STATE • OF • NEW HAMPSHIRE, the words separated by round periods, except between the parts of New Hampshire; at the lowest point of the inscription is the date 1776, flanked on either side by a 5-pointed star, which group separates the beginning and end of the inscription; the whole form and design to be as follows:
Image

Source. RS 11:1. CS 11:1. GS 13:2. GL 14:2. PS 15:6. PL 8:4. 1931, 133:2. RL 13:4.

Section 3:9-a Unauthorized Use Prohibited.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:9-a

3:9-a Unauthorized Use Prohibited. – The state seal shall be the property of the state of New Hampshire. No person shall manufacture, sell, expose for sale, or have in possession for sale any article or substance, being an article of merchandise or receptacle of merchandise or article or been printed, painted, attached, or otherwise placed a representation or likeness of the state seal, provided, however, that upon application, the secretary of state may authorize the use of the state seal. Once such approval is given, such use shall be exempt from the provisions of this section until or unless such approval is revoked or suspended by the secretary of state.

Source. 1971, 236:1. 1995, 72:1, eff. July 8, 1995.

Section 3:9-b Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:9-b

3:9-b Penalty. – Whoever violates the provisions of RSA 3:9-a shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1971, 236:1. 1973, 528:2, eff. at 11:59 P.M., Oct. 31, 1973.

Section 3:9-c Injunction.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:9-c

3:9-c Injunction. – Whenever the attorney general is aware of a violation of the provisions of RSA 3:9-a, the attorney general may bring an action in the name of the state to enjoin distribution of any articles or things upon which a representation or likeness of the state seal has been placed.

Source. 1971, 236:1. 1995, 72:2, eff. July 8, 1995.

Section 3:10 State Bird.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:10

3:10 State Bird. – The purple finch is hereby designated as the official state bird of New Hampshire.

Source. 1957, 87:1, eff. April 25, 1957.

Section 3:11 State Insect.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:11

3:11 State Insect. – The ladybug, also known as the ladybird and the lady beetle, is hereby designated as the official state insect of New Hampshire.

Source. 1977, 62:1, eff. June 14, 1977.

Section 3:12 State Animal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:12

3:12 State Animal. – The white tail deer is hereby designated as the official state animal of New Hampshire.

Source. 1983, 190:2, eff. Aug. 14, 1983.

Section 3:13 State Rock.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:13

3:13 State Rock. – Granite is hereby designated as the official state rock of New Hampshire.

Source. 1985, 11:1, eff. May 31, 1985.

Section 3:14 State Mineral.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:14

3:14 State Mineral. – Beryl is hereby designated as the official state mineral of New Hampshire.

Source. 1985, 11:1, eff. May 31, 1985.

Section 3:16 State Amphibian.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:16

3:16 State Amphibian. – The spotted newt, Notophthalmus viridescens, is hereby designated as the official state amphibian of New Hampshire.

Source. 1985, 56:1, eff. June 23, 1985.

Section 3:17 State Wildflower.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:17

3:17 State Wildflower. – The pink lady's slipper, Cypripedium acaule, is hereby designated as the official state wildflower of New Hampshire.

Source. 1991, 106:2, eff. July 12, 1991.

Section 3:18 State Butterfly.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:18

3:18 State Butterfly. – The Karner Blue, Lycaeides melissa, subspecies samuelis, is hereby designated as the official state butterfly of New Hampshire.

Source. 1992, 22:1, eff. June 2, 1992.

Section 3:19 State Saltwater Game Fish.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:19

3:19 State Saltwater Game Fish. – The striped bass, Roccus saxatilis, is hereby designated as the official state saltwater game fish of New Hampshire.

Source. 1994, 79:1, eff. May 6, 1994.

Section 3:20 State Freshwater Fish.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:20

3:20 State Freshwater Fish. – The Brook trout, Salvelinus fontinalis, is hereby designated as the official state freshwater fish.

Source. 1994, 332:1, eff. Aug. 7, 1994.

Section 3:21 State Tartan.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:21

    3:21 State Tartan. –
    I. There shall be an official state tartan of New Hampshire. The sett for the New Hampshire tartan shall be as follows:
       green 56; black 2; green 2; black 12; white 2; black 12; purple 2; black 2; purple 8; red 6; and purple 28.
    II. The colors listed in paragraph I represent the following: purple represents the purple finch and the purple lilac, the state bird and the state flower; green represents the green of the forests; black represents the granite mountains; white represents the snow; and red represents all state heroes.

Source. 1995, 72:3, eff. July 8, 1995.

Section 3:22 State Sport.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:22

3:22 State Sport. – Skiing is hereby designated as the official state sport of New Hampshire.

Source. 1998, 94:1, eff. July 18, 1998.

Section 3:23 New Hampshire Native.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3
STATE EMBLEMS, FLAG, ETC.

Section 3:23

    3:23 New Hampshire Native. –
    I. A New Hampshire native is someone who was born in the state of New Hampshire or someone born to a mother domiciled in the state of New Hampshire at the time of his or her birth.
    II. Nothing in this section shall affect official records.
    III. No person who in good faith proclaims himself or herself to be a New Hampshire native pursuant to this section shall be charged with perjury.

Source. 2002, 189:1, eff. July 14, 2002.

Section 3-A:1 Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-A
POET LAUREATE

Section 3-A:1

3-A:1 Position Established. – There is hereby established the position of poet laureate for the state. The governor, with the advice and consent of the council, shall appoint the poet laureate. Said person so honored shall be a resident of this state and shall serve for a 5 year term. There shall be no restriction on reappointment.

Source. 1967, 70:1. 1977, 60:1, eff. June 14, 1977.

Section 3-A:2 Recommendations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-A
POET LAUREATE

Section 3-A:2

3-A:2 Recommendations. – Prior to the appointment of a poet laureate the board of directors of the Poetry Society of New Hampshire shall submit to the governor and council the name or names of persons whom they deem to be worthy of the honorary position. Upon the expiration of the term of the poet laureate, as provided in RSA 3-A:1, the society shall again submit to the governor and council a name or names for a successor.

Source. 1967, 70:1. 1977, 60:2, eff. June 14, 1977.

Section 3-A:3 No Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-A
POET LAUREATE

Section 3-A:3

3-A:3 No Compensation. – The position thus established shall be an honorary one and the poet laureate shall not be entitled to compensation.

Source. 1967, 70:1, eff. June 19, 1967.

Section 3-B:1 Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-B
CARETAKER OF OLD MAN OF THE MOUNTAIN

Section 3-B:1

3-B:1 Position Established. – There is established the position of caretaker for the "Old Man of the Mountain'' located in Franconia Notch. The governor, with the consent of the council, shall appoint the caretaker. The person so honored shall be a resident of the state, a person with a demonstrated record of expertise on and concern for the "Old Man of the Mountain'', and shall serve at the pleasure of the governor and council.

Source. 1987, 126:1, eff. July 6, 1987.

Section 3-B:2 No Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-B
CARETAKER OF OLD MAN OF THE MOUNTAIN

Section 3-B:2

3-B:2 No Compensation. – The position established in RSA 3-B:1 shall be an honorary one, and the caretaker shall not be entitled to compensation with respect to this honorary position.

Source. 1987, 126:1, eff. July 6, 1987.

Section 3-C:1 Official State Language.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-C
OFFICIAL STATE LANGUAGE

Section 3-C:1

    3-C:1 Official State Language. –
    I. The official language of the state of New Hampshire shall be English. English is designated as the language of all official public documents and records, and of all public proceedings and nonpublic sessions.
    II. For the purposes of this chapter, "official public documents and records'' are all documents officially compiled, published, or recorded by the state.
    III. For the purposes of this chapter, "public proceedings and nonpublic sessions'' mean those proceedings and sessions as defined in RSA 91-A, and includes the information recorded at such proceedings and sessions.

Source. 1995, 157:1, eff. July 31, 1995.

Section 3-C:2 Exceptions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-C
OFFICIAL STATE LANGUAGE

Section 3-C:2

    3-C:2 Exceptions. – The provisions of this chapter shall not apply:
    I. To all public proceedings between the state of New Hampshire and the province of Quebec when, in the opinion of the state administrator involved in such proceedings, it may be necessary to conduct such proceedings between Quebec and New Hampshire wholly or partially in French, and to use official public documents and records during the public proceedings, which are written wholly or partially in French.
    II. To instruction in foreign language courses, or other requirements of the state university system.
    III. To instruction designed to aid students with limited English in a timely transition and integration into the general education system.
    IV. To the promotion of international commerce, tourism, and sporting events.
    V. When deemed to interfere with needs of the justice system.
    VI. When the public good, public safety, health, or emergency services require the use of other languages.
    VII. When expert testimony or witnesses may require a language other than English; provided, however, that for purposes of deliberation, decision making, or recordkeeping, the official version of such testimony or commentary shall be the officially translated English-language version.

Source. 1995, 157:1, eff. July 31, 1995.

Section 3-C:3 Employment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-C
OFFICIAL STATE LANGUAGE

Section 3-C:3

3-C:3 Employment. – No person shall be denied employment with the state or with any political subdivision of the state based solely upon that person's lack of facility in a foreign language, except when related to bona fide job needs reflected in the exceptions listed in RSA 3-C:2.

Source. 1995, 157:1, eff. July 31, 1995.

Section 3-C:4 Construction.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-C
OFFICIAL STATE LANGUAGE

Section 3-C:4

3-C:4 Construction. – This chapter shall not be construed in any way to infringe on the rights of citizens under the state constitution or the constitution of the United States in the use of language in activities or functions conducted in the private sector. No agency or officer of the state or of any political subdivision of the state shall place any restrictions or requirements regarding language usage for businesses operating in the private sector other than in official documents, forms, submissions, or other communications directed to governmental agencies and officers, which communications shall be in English as recognized in this chapter.

Source. 1995, 157:1, eff. July 31, 1995.

Section 3-D:1 Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-D
ARTIST LAUREATE

Section 3-D:1

3-D:1 Position Established. – There is hereby established the position of artist laureate for the state. The governor, with the advice and consent of the executive council, shall appoint the artist laureate. The person so honored shall be a resident of this state and shall serve for a 2-year term. There shall be no restriction on reappointment.

Source. 1997, 86:1, eff. Aug. 2, 1997.

Section 3-D:2 Recommendations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-D
ARTIST LAUREATE

Section 3-D:2

3-D:2 Recommendations. – Prior to the appointment of an artist laureate, the New Hampshire council on the arts shall submit to the governor and the executive council the names of persons whom they deem to be worthy of the honorary position. Upon the expiration of the term of the artist laureate, as provided in RSA 3-D:1, the council shall again submit to the governor and the executive council a name or names for a successor.

Source. 1997, 86:1, eff. Aug. 2, 1997.

Section 3-D:3 No Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-D
ARTIST LAUREATE

Section 3-D:3

3-D:3 No Compensation. – The position thus established shall be an honorary one and the artist laureate shall not be entitled to compensation.

Source. 1997, 86:1, eff. Aug. 2, 1997.

Section 3-E:1 United States Flag; Display.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 3-E
DISPLAY OF THE FLAG OF THE UNITED STATES

Section 3-E:1

3-E:1 United States Flag; Display. – The flag of the United States of America shall be displayed in state facilities in accordance with federal law. United States flags used by the military for military purposes shall be exempt from the provisions of this chapter.

Source. 2000, 203:1, eff. July 29, 2000.

Section 4:1 Removal of Public Officials for Cause.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:1

    4:1 Removal of Public Officials for Cause. – No state official who is not a classified employee shall be discharged or removed except for malfeasance, misfeasance, inefficiency in office, incapacity or unfitness to perform assigned duties, or for the good of the department, agency, or institution to which such official is assigned, according to the procedures set out in this section, unless otherwise provided by law.
    I. The attorney general, the governor, any member of the executive council, or the appointing authority of such official, may petition the governor and council for the removal of such official setting forth the grounds and reasons therefor.
    II. Upon receipt of a petition, the governor and council, by vote of 3 or more members of the executive council in concurrence with the governor shall accept the petition and schedule a hearing. The state official shall receive notice of the hearing at least 45 days prior to the hearing date.
    III. The governor and council shall conduct a hearing in accordance with this section. Upon conclusion of the hearing, a vote of 3 or more council members, in concurrence with the governor, shall be required to remove the state official from office. The governor and council shall provide written findings, including a time frame for removal, in support of a decision to remove an official from office. Failure to obtain the required vote and concurrence of the governor shall result in the dismissal of the petition.
    IV. The governor and council shall set a reasonable rate for the legal fees of parties. However, no official shall be entitled to have any legal fees paid by the state unless the attorney general determines that he or she is the prevailing party.
    V. The governor and council shall provide copies of their written findings to counsel for the parties involved, or to the parties themselves, if not represented by counsel.
    VI. A party may appeal the order of the governor and council by filing a petition in the superior court within 30 days of the date of the order.

Source. 1947, 231:1. 1950, part 25:3. RSA 4:1. 1978, 55:3. 1981, 179:1, eff. June 2, 1981. 2001, 192:1, eff. Sept. 3, 2001.

Section 4:2 Vacating Office of Trustee of State Institution.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:2

4:2 Vacating Office of Trustee of State Institution. – Whenever the trustee of any state institution shall have been absent from 3 consecutive meetings of the board of which he is a member, the governor and council may, after investigation of the cause of such absence, in their discretion declare the office of such trustee vacant, and thereupon his commission shall be automatically revoked. The vacancy shall then be filled for the unexpired term in the same manner as by law provided for an original appointment.

Source. 1931, 108:1. RL 27:3.

Section 4:3 Anticipation of Vacancies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:3

4:3 Anticipation of Vacancies. – The governor and council may anticipate by not more than 90 days, and fill any vacancy to occur in any office during their term of office which they have power to fill.

Source. 1844, 90:1. CS 16:1. GS 18:2. GL 19:2. PS 20:2. PL 19:2. RL 27:2.

Section 4:5 Temporary Department Heads.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:5

4:5 Temporary Department Heads. – In case of the temporary inability, by reason of illness or otherwise, of the head of any state department to perform his duties, where the law does not designate or make other provision for the appointment of an officer to perform such duties, the governor, with the advice and consent of the council, may appoint a person to act in his stead, and the person thus appointed shall have the powers and perform the duties of such head of department for such time, for such compensation, and subject to such qualifications as the governor and council may from time to time deem expedient.

Source. 1917, 175:1. PL 19:12. RL 27:18.

Section 4:6 Assignment of Rooms to Departments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:6

4:6 Assignment of Rooms to Departments. – [Repealed 1985, 399:24, I, eff. July 1, 1985.] Section 4:6-a Office Space; Secretary of State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:6-a

4:6-a Office Space; Secretary of State. – Notwithstanding any other provision of law to the contrary, the following shall be assigned for use by the secretary of state: rooms numbered 203 through 206, inclusive, on the second floor of the state house. The secretary of state may have access to the vault in room 104.

Source. 1977, 600:30. 1979, 434:90, eff. July 1, 1979.

Section 4:7 Availability of Space.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:7

4:7 Availability of Space. – To the extent that the operation of the foregoing provision is limited by the availability of adequate office space, as determined by the governor and council, said provision shall take effect when such space becomes available, and the governor and council shall thereupon assign such space.

Source. 1950, 5:2, eff. June 30, 1950.

Section 4:7-a Identifying Information Required in Correspondence.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:7-a

    4:7-a Identifying Information Required in Correspondence. – All officers and employees of the state shall, when sending written correspondence to any member of the general public, include in such correspondence the following:
    I. The name of the sender of said correspondence;
    II. The name of the sender's office, the room number of the office, the name of the building in which the office is located and the mailing address of the building, including the zip code; and
    III. The office telephone number, including information regarding the appropriate teletypewriter (TTY/TDD) access number, of the sender.

Source. 1977, 103:1. 1989, 413:2, eff. July 1, 1989.

Section 4:8 Gifts to the State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:8

4:8 Gifts to the State. – The governor is authorized to accept in the name of the state gifts of personal property made to the state or for the benefit of its inhabitants, and to execute such instruments as are necessary to carry out the terms and conditions of gifts in trust of personal property for the benefit of the inhabitants of the state.

Source. 1923, 32:1, 2. PL 19:8. RL 27:13.

Section 4:8-a Gifts for Historic Sites and Regional Community-Technical Institute and Colleges.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:8-a

    4:8-a Gifts for Historic Sites and Regional Community-Technical Institute and Colleges. –
    I. The governor and council may, by executive order, authorize the department of resources and economic development to accept, for the state, gifts of personal property and money which are donated for use in connection with historic sites and the buildings or structures thereon, which are under the management of that department. Each such executive order shall relate to a particular site and may authorize the use of such personal property or the expenditure of such money, in accordance with the terms of the gift, under the supervision of such department. Such executive order, as originally made or later amended, may also authorize the sale or exchange of any such personal property found subsequently to be inappropriate for use, where not inconsistent with the terms of the gift, and application of the proceeds or items received in exchange for the purposes of the original gift. The department shall keep a permanent inventory or record of such gifts and the disposition of such gifts. The governor and council may, by executive order, delegate the same authority with reference to gifts to the division of historical resources, department of cultural resources, and all other provisions of this section shall apply to such gifts. The board of trustees, department of regional community-technical colleges, may accept gifts of personal property and money pursuant to RSA 188-F:3-b, VIII. The board shall consult with the state curator regarding gifts of potential historic significance. Gifts of historic significance accepted by the board of trustees shall be cataloged by the state curator pursuant to RSA 227-C:4, XVIII, and recognized by the governor and council under this section.
    II. Any legally constituted board or commission which is established for the purpose of state historic site restoration shall have the option of retaining ownership of any historic site furnishing, which is acquired with other than state funds, for the duration of its existence, and which funds shall be used for the purposes of upgrading or insuring furnishings at no cost to the state. The commissioner of the department of resources and economic development shall prepare a site inventory of all furnishings acquired by the board or commission. The board or commission shall maintain the inventory and shall report any changes annually. The director of the division of historical resources shall be consulted prior to any changes in the inventory.

Source. 1967, 116:1. 1977, 290:8. 1988, 201:6. 1989, 303:1. 1990, 73:1. 1992, 90:1. 1995, 182:22, 29, eff. Aug. 4, 1995. 1998, 272:41, eff. Jan. 1, 1999; 363:3, eff. Aug. 25, 1998.

Section 4:9 Portraits or Other Memorials.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9

4:9 Portraits or Other Memorials. – No portraits, busts, statues, or other memorial objects shall be placed in or on the state house, state house annex, state library, Hannah Dustin monument, Franklin Pierce homestead, Daniel Webster birthplace, or grounds connected with each without the consent of the governor and council. The director, division of historical resources, shall be responsible for the location and care of such memorial objects at any of these sites.

Source. 1883, 125:2. 1887, 13:1, 2. 1917, 47:1. PL 7:15. 1939, 184:1. RL 12:14. RSA 4:9. 1988, 201:7, eff. July 1, 1988.

Section 4:9-a Law Enforcement Memorial.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-a

    4:9-a Law Enforcement Memorial. –
    I. There shall be a memorial to commemorate the New Hampshire law enforcement community. Notwithstanding any other provision of law to the contrary, the memorial shall be situated on the southeast corner on the front grounds connected with the legislative office building. The governor is authorized to accept in the name of the state the law enforcement memorial as a private gift upon its completion.
    II. (a) The director of the division of plant and property management, subject to the direction and supervision of the commissioner of administrative services, shall act as the custodian of the law enforcement memorial, and shall have charge of all matters relating to the care, maintenance, and repair of, and additions to, the memorial.
       (b) The director of the division of plant and property management, subject to the direction and supervision of the commissioner of administrative services, shall administer and disburse to the committee established in RSA 4:9-b the moneys in the special account established under RSA 4:9-b. No money other than necessary expenses prior to construction shall be disbursed until the governor and council approve and award the contract for the construction of the law enforcement memorial.

Source. 1994, 370:1, eff. June 9, 1994.

Section 4:9-b Committee Established; Special Account.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-b

    4:9-b Committee Established; Special Account. –
    I. A committee is established to select the design for a law enforcement memorial, to oversee the construction of the memorial, to privately raise all the funds which shall be necessary for its construction, and to expend the funds which are raised. The governor is authorized to accept for the committee, in the name of the state, the gifts of money which are donated to construct the memorial.
    II. The gifts of money which are donated to construct the memorial shall be placed in a special nonlapsing account in the state treasury, to be expended for the purposes of the law enforcement memorial. Any money remaining in the special account after construction of the memorial is completed shall be used for the care, maintenance, and repair of, and additions to, the memorial, or for any other purpose deemed appropriate by the committee.
    III. The committee shall remain in existence upon the completion of the law enforcement memorial for the purpose of approving any changes in the memorial, such as the addition of names to the memorial. Any site changes in the memorial shall be made under the supervision of the director of the division of plant and property management, according to the provisions of RSA 4:9-a, II.

Source. 1994, 370:1, eff. June 9, 1994.

Section 4:9-c Committee Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-c

    4:9-c Committee Membership. –
    I. The members of the committee established in RSA 4:9-b shall be as follows:
       (a) One member appointed by the New Hampshire Association of Chiefs of Police.
       (b) One member appointed by the New Hampshire Police Association.
       (c) One member appointed by the New Hampshire Sheriffs' Association.
       (d) One member appointed by the New Hampshire State Troopers Association.
       (e) One member appointed by the 100 Club of New Hampshire, Incorporated.
       (f) The executive director of the fish and game department, or designee.
       (g) The commissioner of safety, or designee.
       (h) The attorney general, or designee.
       (i) The commissioner of cultural resources, or designee.
       (j) The commissioner of administrative services, or designee.
       (k) One member appointed by the governor, who shall be a member of a family of a law enforcement officer killed in the line of duty.
       (l) The commissioner of corrections, or designee.
    II. The members of the committee shall elect a chairperson from among its members. The first meeting of the committee shall be called by the attorney general. Six members of the committee shall constitute a quorum.

Source. 1994, 370:1, eff. June 9, 1994. 1998, 363:3, eff. Aug. 25, 1998. 1999, 296:3, eff. Sept. 14, 1999.

Section 4:9-d Duties of the Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-d

    4:9-d Duties of the Committee. – The duties of the committee established in RSA 4:9-b shall be as follows:
    I. The committee shall select the design for the law enforcement memorial.
    II. (a) The committee shall oversee the construction of the law enforcement memorial.
       (b) The award of the contract for the construction of the law enforcement memorial shall be subject to the approval of the governor and council.
    III. The committee shall advise and inform the city manager of Concord or designee relative to the design and construction plans for the memorial.
    IV. The committee, through the New Hampshire law enforcement community, shall privately raise all the money necessary for the planning, design, and construction of the law enforcement memorial. Notwithstanding subparagraph II(b), the committee shall have the authority to expend the money which is raised without the approval of governor and council.

Source. 1994, 370:1, eff. June 9, 1994.

Section 4:9-e September 11 Memorial.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-e

    4:9-e September 11 Memorial. –
    I. There shall be a memorial to commemorate the victims and families of the September 11 tragedy especially New Hampshire citizens who lost their lives, and to commemorate other victims of terrorism. The governor is authorized to accept in the name of the state the September 11 memorial as a private gift upon its completion.
    II. (a) The director of the division of plant and property management, subject to the direction and supervision of the commissioner of administrative services, shall act as the custodian of the September 11 memorial, and shall have charge of all matters relating to the care, maintenance, repair, and additions to the memorial.
       (b) The director of the division of plant and property management, subject to the direction and supervision of the commissioner of administrative services, shall administer and disburse to the committee, established in RSA 4:9-f, the moneys in the special account established under RSA 4:9-f. No money other than necessary expenses prior to construction shall be disbursed until the governor and council approve and award the contract for the construction of the September 11 memorial.

Source. 2002, 196:1, eff. May 15, 2002.

Section 4:9-f Committee Established; Special Account.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-f

    4:9-f Committee Established; Special Account. –
    I. A committee is established to select the location and design for a September 11 memorial, to oversee the construction of the memorial, to privately raise all the funds which shall be necessary for its construction, and to expend the funds which are raised. The selection of the location and design of the memorial shall be subject to the approval of the long range capital planning and utilization committee, established in RSA 17-M:1. The governor is authorized to accept for the committee, in the name of the state, the gifts of money which are donated to construct the memorial.
    II. The gifts of money which are donated to construct the memorial shall be placed in a special nonlapsing account in the state treasury, to be expended for the purposes of the September 11 memorial. Any money remaining in the special account after construction of the memorial is completed shall be used for the care, maintenance, repair, and additions to the memorial, or for any other purpose deemed appropriate by the committee.
    III. The committee shall remain in existence upon the completion of the September 11 memorial for the purpose of approving any changes in the memorial, such as the addition of names to the memorial. Any site changes in the memorial shall be made under the supervision of the director of the division of plant and property management, according to the provisions of RSA 4:9-e, II.

Source. 2002, 196:1, eff. May 15, 2002.

Section 4:9-g Committee Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-g

    4:9-g Committee Membership. –
    I. The members of the committee, established in RSA 4:9-f, shall be as follows:
       (a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
       (b) Three members of the senate, appointed by the president of the senate.
       (c) The commissioner of cultural resources, or designee.
       (d) The commissioner of administrative services, or designee.
    II. The members of the committee shall elect a chairperson from among its members. The first meeting of the committee shall be called by the first-named house member. Five members of the committee shall constitute a quorum.
    III. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

Source. 2002, 196:1, eff. May 15, 2002.

Section 4:9-h Duties of the Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:9-h

    4:9-h Duties of the Committee. – The duties of the committee established in RSA 4:9-f shall be as follows:
    I. The committee shall select the design and location, subject to the approval of the long range capital planning and utilization committee established in RSA 17-M:1, for the September 11 memorial.
    II. (a) The committee shall oversee the construction of the September 11 memorial.
       (b) The award of the contract for the construction of the September 11 memorial shall be subject to the approval of the governor and council.
    III. The committee shall advise and inform the governing body of the city or town in which the memorial is located as to the design and construction plans for the memorial.
    IV. The committee shall privately raise all the money necessary for the planning, design, and construction of the September 11 memorial. Notwithstanding subparagraph II(b), the committee shall have the authority to expend the money which is raised without the approval of governor and council.

Source. 2002, 196:1, eff. May 15, 2002.

Section 4:10 Protection of State Water Rights.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:10

4:10 Protection of State Water Rights. – The governor may institute and prosecute suits at law or in equity in the name of the state, whenever in his judgment such course shall be necessary to prevent the injurious diversion of the water of rivers which naturally flow from other states into New Hampshire.

Source. 1895, 26:1. PL 19:9. RL 27:15.

Section 4:11 Eligibility of Councilor to Other Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:11

4:11 Eligibility of Councilor to Other Office. – No member of the governor's council shall be eligible to appointment by the governor and council to any position of profit and emolument, except justice of the peace and notary public, during the term for which he was elected a councilor.

Source. 1915, 7:1. PL 19:3. RL 27:4.

Section 4:12 Governor's Staff.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12

4:12 Governor's Staff. – The governor may appoint such staff, including but not limited to legal counsel, professional persons, consultants, assistants, secretaries, stenographers, and clerks, as he shall need who shall render such services as the governor may require of them. He shall fix their compensation within the limits of the appropriation made for such purposes.

Source. 1950, 5, part 3:1. RSA 4:12. 1970, 46:1. 1986, 109:1, eff. Jan. 1, 1987.

Section 4:12-a Coordinator of Federal Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12-a

4:12-a Coordinator of Federal Funds. – [Repealed 1986, 141:4, eff. July 1, 1986.] Section 4:12-b Appointment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12-b

4:12-b Appointment. – The governor shall appoint a director of the budget who shall hold office at the pleasure of the governor and until his successor is appointed and qualified. The governor shall fix the compensation of such director within the limits of the appropriation made therefor.

Source. 1970, 6:1, eff. July 1, 1970.

Section 4:12-c Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12-c

    4:12-c Duties. – Said director shall perform the following duties:
    I. He shall provide post-election assistance to an incoming governor.
    II. He shall examine the tentative budgets prepared by the commissioner of administrative services, under the provisions of RSA 9 and advise the governor in regard to the same, and shall assist the governor during hearings on the tentative budget as provided by RSA 9:7.
    III. He shall formulate the governor's budget which is to be submitted to the legislature pursuant to RSA 9:8.
    IV. He shall examine reports made by the commissioner of administrative services as to operation and administration of the budget and expenditures thereunder.
    V. He shall schedule and assist the governor and council in hearings on departmental and agency requests involving financial matters.
    VI. He shall exercise continuing examinations and study of budget procedures.
    VII. He shall, in conjunction with the commissioner of administrative services, assist departments on procedures and other problems of management.
    VIII. He shall carry on a research program in the field of governmental and financial administration.

Source. 1970, 6:1. 1985, 399:3, I, eff. July 1, 1985.

Section 4:12-cc Executive Council Operations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12-cc

4:12-cc Executive Council Operations. – The governor and executive council may appoint an executive assistant who shall serve at the pleasure of the governor and council, and shall perform such duties as the governor and council may determine. The executive assistant shall be an unclassified employee under RSA 94:1-a.

Source. 1995, 308:91, eff. July 3, 1995.

Section 4:12-d to 4:12-f Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Section 4:12-d-12-f

4:12-d to 4:12-f Repealed. – [Repealed 1987, 283:11, eff. May 25, 1987.] Section 4:12-g to 4:12-p Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Community Development Block Grants

Section 4:12-g-12-p

4:12-g to 4:12-p Repealed. – [Repealed 1987, 283:11, eff. May 25, 1987.] Section 4:12-q, 4:12-r Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Administrator of Federal-State Financial Information

Section 4:12-q,-12-r

4:12-q, 4:12-r Repealed. – [Repealed 1987, 283:11, eff. May 25, 1987.] Section 4:12-s to 4:12-v Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Water Protection Assistance Program

Section 4:12-s-12-v

4:12-s to 4:12-v Repealed. – [Repealed 1987, 283:11, eff. May 25, 1987.] Section 4:13 Governor's Secretary and Clerical Assistants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Water Protection Assistance Program

Section 4:13

4:13 Governor's Secretary and Clerical Assistants. – [Repealed 1970, 46:2, eff. July 1, 1970.] Section 4:13-a Facsimile Signature of Governor.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Water Protection Assistance Program

Section 4:13-a

4:13-a Facsimile Signature of Governor. – [Repealed 1959, 217:2, eff. Aug. 16, 1959.] Section 4:13-b Lafayette Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-b

4:13-b Lafayette Day. – The governor shall annually issue a proclamation calling for a proper observance of May 20, the anniversary of the death of General Marquis de Lafayette, revolutionary war hero, in lasting recognition of his gallant and illustrious service in the war for American independence.

Source. 1955, 126:1, eff. May 9, 1955.

Section 4:13-c Constitution Days.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-c

4:13-c Constitution Days. – The governor shall annually issue on the following dates a proclamation calling for a proper observance of State Constitution Day which is January 5 and September 17 as Federal Constitution Day, so that the people may be reminded annually on these dates of the blessings of liberty which they enjoy by the adoption of the Constitution of the United States, the Bill of Rights and the Constitution of the State of New Hampshire.

Source. 1975, 53:1, eff. June 6, 1975.

Section 4:13-d American History Month.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-d

4:13-d American History Month. – The governor shall annually proclaim February as "American History Month'' and request the citizens of the state to observe the month with appropriate events.

Source. 1981, 90:6, eff. June 19, 1981.

Section 4:13-e Law Enforcement Memorial Week.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-e

4:13-e Law Enforcement Memorial Week. – In recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and inviting the governments, communities, and people of this state to observe such week with appropriate ceremonies and activities, the governor shall proclaim the calendar week of May 15 of each year as Law Enforcement Memorial Week in honor of the federal, state, and municipal officers who have been killed or disabled in the line of duty.

Source. 1996, 11:2, eff. April 2, 1996.

Section 4:13-f New Hampshire Pearl Harbor Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-f

    4:13-f New Hampshire Pearl Harbor Day. –
    I. The governor shall proclaim December 7 of each year as New Hampshire Pearl Harbor Remembrance Day.
    II. The proclamation issued by the governor shall call on the people of New Hampshire to observe the day with appropriate ceremonies and activities and shall urge all state agencies and academic institutions, and interested organizations, groups, and individuals, to fly the flag of the United States at half-staff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

Source. 1996, 281:2, eff. Aug. 9, 1996.

Section 4:13-g Teacher Appreciation Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-g

4:13-g Teacher Appreciation Day. – The governor shall annually proclaim the first Tuesday in May as Teacher Appreciation Day, and shall urge local communities, school administrative units, and school districts to observe such day in recognition of the dedication and service of New Hampshire's teachers.

Source. 1997, 168:2, eff. Aug. 8, 1997.

Section 4:13-h Gold Star Mother's Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-h

4:13-h Gold Star Mother's Day. – The governor shall annually issue a proclamation calling for the proper observance of the first Sunday after Easter which shall be known as Gold Star Mother's Day recognizing and honoring all mothers who have lost sons or daughters while on duty in the United States armed forces. The governor shall urge the citizens of the state to observe this day with appropriate events.

Source. 1999, 72:1, eff. July 27, 1999.

Section 4:13-i United States Army, Navy, Air Force, and Coast Guard; Anniversary of Founding Commemorated.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-i

    4:13-i United States Army, Navy, Air Force, and Coast Guard; Anniversary of Founding Commemorated. – In recognition of the men and women who have served in the finest traditions of United States Army, Navy, Air Force, and Coast Guard, and to commemorate the anniversary of the founding of each of these branches of the armed forces, the governor shall annually order the flags of the respective branches to be flown over the state house as follows:
    I. United States Air Force, September 18.
    II. United States Army, June 14.
    III. United States Coast Guard, August 4.
    IV. United States Navy, October 13.

Source. 2000, 102:1, eff. July 7, 2000.

Section 4:13-j Destroyer Escort Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Observances Proclaimed by Governor

Section 4:13-j

4:13-j Destroyer Escort Day. – The governor shall annually proclaim June 20 as Destroyer Escort Day and shall urge cities, towns, and communities throughout the state to observe this day in commemoration of the bravery and valor of those individuals who lost their lives while serving aboard these gallant vessels during World War II, the Korean Conflict, and the Vietnam Conflict.

Source. 2000, 135:1, eff. July 14, 2000.

Section 4:13-k Congenital Heart Defect Awareness Day.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:13-k

4:13-k Congenital Heart Defect Awareness Day. – The governor shall annually proclaim February 14 as Congenital Heart Defect Awareness Day and shall urge cities and towns throughout the state to observe this day in an appropriate manner in recognition of the thousands of citizens of this state affected by congenital heart defects, nationally the number one birth defect as a cause of infant deaths, and the need for public awareness, research, and support for victims and their families.

Source. 2002, 16:1, eff. May 31, 2002.

Section 4:14 Disbursements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:14

4:14 Disbursements. – Whenever any money is due from the state to any person, by force of a general law, special act or resolution, the governor is empowered, and it shall be his duty, with advice of the council, to draw his warrant upon the treasury therefor in favor of such person.

Source. GS 18:1. GL 19:1. PS 20:1. PL 19:1. RL 27:1.

Section 4:15 Department Expenditures.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:15

4:15 Department Expenditures. – The expenditure of any moneys appropriated or otherwise provided to carry on the work of any department of the state government shall be subject to the approval of the governor, with the advice of the council, under such general regulations as the governor and council may prescribe with reference to all or any of such departments, for the purpose of securing the prudent and economical expenditures of the moneys appropriated. Heads of departments, assistants and employees thereof shall not be allowed as expenses travel between their places of residence and their department offices, nor shall they be allowed board or lodging while in the place in which their offices are located. Notwithstanding the preceding provision, the governor and council may by general regulation provide for the allowance of travel expenses where the department head, assistant or employee has a work assignment away from the place where his department office is located and it is more efficient for such person to proceed directly from his place of residence to such work assignment without reporting at his office.

Source. 1915, 49:1. PL 19:11. 1927, 131:1. 1941, 31:1. RL 27:17. RSA 4:15. 1969, 256:1, eff. Aug. 19, 1969.

Section 4:16 Incidental Expenses.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:16

4:16 Incidental Expenses. – The governor and council are authorized to audit and allow, as incidental expenses of the state, all bills for postage, stationery, necessary department supplies, and other necessary incidental expenses of the state, and the governor is authorized to draw his warrant for the payment of the same out of any money in the treasury not otherwise appropriated.

Source. 1879, 57:43. PS 20:6. 1901, 74:1. PL 19:10. RL 27:16.

Section 4:17 Purchases of Surveyors' Maps, and Other Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:17

4:17 Purchases of Surveyors' Maps, and Other Records. – The governor and council may expend a sum not to exceed $5,000 in any calendar year for the purpose of purchasing from the estates of deceased surveyors and civil engineers such field notes, maps, and other records prepared by them as will be of value in preserving real estate records of the state, and may direct the highway commissioner or other engineers to examine such records as are for sale for the purpose of ascertaining their value to the public. The governor is authorized to draw his warrant for the payment of the same out of any money in the treasury not otherwise appropriated.

Source. 1935, 30:1. RL 27:14.

Section 4:18 Emergency Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:18

4:18 Emergency Fund. – There shall be an emergency fund consisting of such sums as may be appropriated for that purpose by the general court, which may be expended by the governor, with the consent of the council, to aid any state department in any emergency which may arise in carrying on the essential functions of state government and in protecting the interests of the state which have been impaired by said emergency.

Source. 1879, 59:1. PS 286:2. 1925, 174:13. PL 19:35. 1927, 36:1. RL 27:44. 1949, 321:2. 1953, 17:1, eff. Feb. 26, 1953.

Section 4:19 Emergency Building Repairs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:19

4:19 Emergency Building Repairs. – In case of emergency occasioned by the partial or total destruction, by fire or otherwise, of any building or other property belonging to the state, or used by any state department, the governor, with the consent of the council, may provide by contract for such repairs, new building or temporary accommodation as he may deem necessary to replace those destroyed, and may draw his warrants in payment for the same from any money in the treasury not otherwise appropriated.

Source. 1909, 176:2. PL 19:30. RL 27:36.

Section 4:20 Borrowing For.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Expenditures and Disbursements

Section 4:20

4:20 Borrowing For. – In case there shall not be sufficient funds in the treasury available for the payment of warrants so drawn the treasurer, under the direction of the governor and council, is authorized to borrow on the state's credit for a period of not more than 5 years, at the lowest rate of interest obtainable, such sums as may be necessary for the purposes aforesaid.

Source. 1909, 176:3. PL 19:31. RL 27:37. RSA 4:20. 1993, 31:1, eff. June 7, 1993.

Section 4:21 Petitions for Pardon or Commutation of Sentence.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:21

4:21 Petitions for Pardon or Commutation of Sentence. – On all petitions to the governor and council for pardon or commutation of sentence written notice thereof shall be given to the state's counsel, and such notice to others as the governor may direct; and the prosecuting officer may be required to furnish a concise statement of the case as proved at the trial and any other facts bearing on the propriety of granting the petition.

Source. GS 18:3. GL 19:3. PS 20:3. PL 19:4. RL 27:5.

Section 4:22 Commissioner of Corrections to Report on.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:22

4:22 Commissioner of Corrections to Report on. – In all cases where the petition is for the pardon of a person serving a sentence in the state prison, the commissioner of corrections shall make a report upon the petition before it is referred to the council.

Source. 1931, 117:1. RL 27:9.

Section 4:23 Commutation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:23

4:23 Commutation. – The governor, with advice of the council, upon application of any convict under sentence of death may grant him a pardon on condition that he shall be imprisoned for life or any term of years expressed in the pardon, and upon such further conditions as may be thought just; and the governor's warrant, reciting such conditions, shall be sufficient authority to all officers to carry into effect such conditions, as if the same were the original sentence.

Source. GS 18:4. GL 19:4. PS 20:4. PL 19:5. RL 27:6.

Section 4:24 Respite.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:24

4:24 Respite. – The governor, with the advice of the council, may respite from time to time, for stated periods, the execution of a sentence of death upon a convict while proceedings are pending that may result in a new trial, or if they regard further time necessary for a proper investigation and consideration of facts bearing upon a question of absolute or conditional pardon pending before them, or if it appears to their satisfaction that the convict has become insane, or, being a female, is quick with child, until they have had sufficient time and opportunity for such investigation and consideration or the cause is removed.

Source. PS 20:5. PL 19:6. RL 27:7.

Section 4:25 Conditional Pardons.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:25

4:25 Conditional Pardons. – The governor, with the advice of the council, may, upon petition of a prisoner, grant him a pardon subject to such conditions as the governor considers proper, but a prisoner so pardoned shall, during the unexpired term of his sentence, violate no law, and he shall be in the custody of the state parole officer. The governor may issue his warrant to all proper officers to carry such pardon into effect and such warrant shall be obeyed and executed instead of the sentence originally imposed.

Source. 1931, 117:1. RL 27:8.

Section 4:26 Breach of Condition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:26

4:26 Breach of Condition. – If a prisoner violates any of the conditions of his pardon, the warden, superintendent, or keeper of the institution in which the prisoner was confined shall forthwith cause him to be arrested and shall give written notice to the governor and council of such arrest.

Source. 1931, 117:1. RL 27:10.

Section 4:27 Procedure after Arrest.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:27

4:27 Procedure after Arrest. – The prisoner so arrested shall be returned forthwith to the institution from which he was released, and there confined for the unexpired term of his sentence unless the governor, with the advice of the council, after a hearing at the prisoner's request, shall otherwise order.

Source. 1931, 117:1. RL 27:11.

Section 4:27-a Petition; Award.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:27-a

4:27-a Petition; Award. – [Repealed 1977, 595:4, eff. July 1, 1977.] Section 4:28 Summoning of Witnesses.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Pardons; Commutations; and Reprieves

Section 4:28

4:28 Summoning of Witnesses. – The governor may summon or cause to be summoned witnesses to appear before the governor and council to testify at hearings before them, and may require such witnesses to bring with them and produce at such hearings any books, papers or other memoranda or documents.

Source. 1911, 176:1. PL 19:7. RL 27:12.

Section 4:29 By Purchase.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:29

4:29 By Purchase. – The governor, with the advice and consent of the council, may acquire on behalf of the state, either by purchase or otherwise, as hereinafter provided, any real estate within the state which he may deem necessary for any military purpose, for public parks, public buildings, or for any other public improvement purposes and to accept deeds thereof in the name of the state; provided, however, that 60 days before a purchase of any real estate within the city of Concord or the Concord region, the governor shall provide written notice of such proposed purchase to the state-capitol-region planning commission. No dam or any real property appurtenant thereto or any rights and easements in either may be acquired pursuant to the authority of this section or any other provision of law except an act of the legislature which authorizes the acquisition of a particular dam, real property, or right or easement.

Source. 1917, 221:1. 1921, 131:1. PL 19:18. 1937, 180:1. RL 27:23. RSA 4:29. 1969, 399:1. 1991, 116:1, eff. July 13, 1991.

Section 4:30 By Eminent Domain.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:30

4:30 By Eminent Domain. – The governor and council, for the purposes aforesaid, are empowered to take and appropriate any such real estate for the use of the state in accordance with RSA 498-A; provided, however, that 60 days before a taking in the city of Concord or the Concord region, the governor shall provide written notice of such proposed taking to the state-capitol-region planning commission.

Source. 1917, 221:2. PL 19:19. RL 27:24. RSA 4:30. 1983, 297:12. 1991, 116:2, eff. July 13, 1991.

Section 4:30-a Acquisition of Municipal Land Used for Conservation or Recreation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:30-a

    4:30-a Acquisition of Municipal Land Used for Conservation or Recreation. – If the state proposes to acquire any municipal land, under the provisions of RSA 4:29, 4:30, 233, 236, or of any other applicable section of RSA, for highway or other purposes, and such land had been used by said municipality for conservation or recreation, it shall first comply with the following requirements:
    I. A public hearing shall be held which may be a special hearing or the hearing required by RSA 4:33, 233:10, 236, or by any other applicable section of RSA. At such public hearing and in any statutorily required notice thereof, and in a notice which shall be posted 90 days prior to the hearing, the state shall set forth the description of the land proposed to be acquired and the proposed use of such land, together with any reasons justifying the acquisition of such property rather than other land. The state may acquire such land, for highway or other purposes, unless, at any meeting called prior to said hearing to act on the question, the governing body of the municipality in which the land is located, by a majority of its members present and voting, votes to disapprove the proposed acquisition. Any approval or disapproval of such proposed acquisition which has been duly voted by the governing body of the municipality shall be certified to the appropriate state official or agency by the municipal officials at the public hearing or within 15 days thereafter.
    II. In the event that the governing body votes to disapprove the proposed acquisition, the state may acquire such land only by filing a petition in the superior court for any order permitting it to do so. At the time the petition is filed, the state shall serve a copy thereof upon the municipality. After hearing any interested citizens and considering all the facts and the public policy of this state which encourages the use of land for recreation and conservation purposes, if said court finds that no other land is available as a satisfactory substitute for the land proposed to be taken, it shall issue an appropriate order.
    III. When the state acquires any municipal land under the provisions of this section, it shall transfer to said municipality other comparable land and facilities to the extent feasible, or shall grant to said municipality sufficient funds to acquire comparable land and facilities for such purposes. The fact that the land and facilities are comparable within the meaning of this paragraph shall be determined by the order of the court or by the state agency acquiring the land, subject to any applicable statutory right of appeal therefrom.
    IV. In order to transfer comparable land and facilities as provided in this section, the state, or the appropriate agency thereof, may by purchase or condemnation acquire such land and facilities. When title to the replaced land was vested in more than one municipality, title to the replacement land shall be vested in units to each of such municipalities in the same proportion as that in which the replaced land was held.

Source. 1967, 298:1. 1975, 196:1, eff. Aug. 1, 1975.

Section 4:30-b Acquisition of Substitute Recreation Land.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:30-b

4:30-b Acquisition of Substitute Recreation Land. – If the state, under the provisions of RSA 230 or any other statute, converts state property acquired or developed with federal assistance under the Land and Water Conservation Fund Act of 1965, as amended, to other than public outdoor recreation uses, the state may acquire, by condemnation or otherwise, other property of at least equal fair market value and of reasonably equivalent usefulness and location for substitution as required under said act.

Source. 1981, 341:1, eff. Aug. 16, 1981.

Section 4:31 Vesting of Title.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:31

4:31 Vesting of Title. – [Repealed 1983, 297:13, I, eff. Aug. 17, 1983.] Section 4:32 Notice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:32

4:32 Notice. – [Repealed 1983, 297:13, II, eff. Aug. 17, 1983.] Section 4:33 Hearing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:33

4:33 Hearing. – [Repealed 1983, 297:13, III, eff. Aug. 17, 1983.] Section 4:34 Assessment of Damages.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:34

4:34 Assessment of Damages. – [Repealed 1983, 297:13, IV, eff. Aug. 17, 1983.] Section 4:35 Jury Trial.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:35

4:35 Jury Trial. – [Repealed 1983, 297:13, V, eff. Aug. 17, 1983.] Section 4:36 Decree.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:36

4:36 Decree. – [Repealed 1983, 297:13, VI, eff. Aug. 17, 1983.] Section 4:37 Attorney General to Act.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:37

4:37 Attorney General to Act. – Any such takings and appropriations shall be prosecuted or defended on the part of the state by the attorney general under the advice of the governor and council.

Source. 1917, 221:2. PL 19:26. RL 27:31. RSA 4:37. 1983, 297:14, eff. Aug. 17, 1983.

Section 4:38 Payment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:38

4:38 Payment. – The governor, with the advice and consent of the council, is authorized to draw his warrant upon any money in the treasury available for military purposes or not otherwise appropriated, in payment for real estate acquired for military purposes under the provisions of this chapter, or, if land is so acquired for other public purposes, only upon money appropriated for such purposes.

Source. 1917, 221:3. 1921, 131:2. PL 19:27. RL 27:32.

Section 4:39 Property, How Held.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:39

4:39 Property, How Held. – All real estate acquired under the provisions of this chapter shall be held by the state for the purposes for which it was acquired, until otherwise ordered by the legislature.

Source. 1917, 221:4. PL 19:28. RL 27:33.

Section 4:39-a New Hampshire Hospital Real Estate.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:39-a

    4:39-a New Hampshire Hospital Real Estate. –
    I. The area in the city of Concord bounded by Pleasant, Fruit, Clinton, and South Spring streets, excluding any privately owned land and buildings, and known as the main campus of the New Hampshire hospital shall remain in its entirety the property of the state of New Hampshire, except such land as determined necessary for use by the city of Concord for approved municipal services may be conveyed in accordance with RSA 10:4 unless RSA 227-C:6 applies. If RSA 227-C:6 applies, such land shall be conveyed in accordance with RSA 227-C:9. The commissioner of administrative services, with the approval of the long range capital planning and utilization committee, shall designate the use of any buildings on the main campus of the New Hampshire hospital in accordance with the following priorities: (1) department of health and human services and its lessees, (2) state departments, and (3) other government or nonprofit organizations performing a state-related function.
    II. If any of the buildings of New Hampshire hospital which are under the jurisdiction of the department of health and human services are released to the department of administrative services after the effective date of this section, they shall not be occupied until they have been properly renovated for their new purposes, and such renovations have been approved by the commissioner of administrative services and the priority requirement established under paragraph I has been satisfied. The commissioner of administrative services may make an exception to this paragraph not to exceed a period of 2 years from the release date for occupancy of any such building. The commissioner shall adopt rules under RSA 541-A relative to the procedure to be followed for such exceptions.

Source. 1987, 381:1. 1995, 310:181, eff. Nov. 1, 1995.

Section 4:39-b Approval of State Agency Leases Exceeding 5 Years.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:39-b

4:39-b Approval of State Agency Leases Exceeding 5 Years. – Any lease of land, buildings, or space to be used by any state agency, as defined in RSA 21-G:5, III, and which exceeds a term of 5 years, including all options, shall be reviewed and approved by the long range capital planning and utilization committee established in RSA 17-M prior to submission to the governor and council for approval.

Source. 1998, 276:5, eff. June 26, 1998.

Section 4:40 Disposal of Real Estate.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Acquisition and Disposal of Real Estate

Section 4:40

    4:40 Disposal of Real Estate. – Disposal of state owned real estate shall occur as follows:
    I. Except as provided in RSA 4:39-a and RSA 204-D, upon recommendation of the head of any state department having jurisdiction over the same and with the approval of the council on resources and development, all requests for the disposal or leasing of state-owned properties shall be reviewed and approved by the long range capital planning and utilization committee prior to submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.
    II. [Repealed.]
    III. Sales of real property under this section shall be at not less than a current market value of the subject property as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale.
    IV. This section shall not apply to sale of institutional lands as provided by RSA 10:4, to real estate given or bequeathed to the state under provisions of trust or in settlement of public assistance claims or liens, or to state lands or their products required to be held to procure a continuance of federal conservation work; provided, however, that the state-capitol-region planning commission shall be provided written notice 60 days before any sale in the city of Concord or Concord area. This section shall also not apply to the exchange of state-owned lands for other lands of equal or greater value, which are under the jurisdiction of a department and used by such department during right-of-way negotiations or to the sale of buildings that need to be moved to clear such right-of-way for public projects found necessary under other state laws.
    V. No state-owned property adjacent to or providing access to a river or river segment shall be recommended for disposal by the council on resources and development except upon the review and recommendation of the advisory committee established in RSA 483:8.

Source. 1931, 105:1. 1935, 140:3. RL 27:34. RSA 4:40. 1982, 42:222. 1983, 428:5. 1986, 224:1. 1987, 381:2. 1988, 250:3, 8. 1990, 233:9. 1991, 116:3; 302:1. 1993, 25:1, eff. June 7, 1993.

Section 4:40-a Grant of Right.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Conveyance of Property Under Water

Section 4:40-a

4:40-a Grant of Right. – The governor and council, upon petition and upon recommendation of the department of environmental services, and after consultation with the fish and game commission and such other state agencies as may be involved, may, for such consideration as they deem just, convey sand and gravel which is on the bed of any navigable water or great pond, in accordance with the provisions of this subdivision. For the purposes of this section great pond is defined as a public water of more than 10 acres.

Source. 1959, 113:2. 1979, 392:3, eff. Aug. 22, 1979. 1996, 296:34, eff. Aug. 9, 1996.

Section 4:40-b Petition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Conveyance of Property Under Water

Section 4:40-b

4:40-b Petition. – Every petition for such sand or gravel shall be referred to the department of environmental services. The department, after due notice to abutters and others as deemed necessary and upon investigation, shall make its recommendations to the governor and council. If the department shall recommend that the petition be granted such recommendation shall include appropriate specifications and conditions necessary to the protection of public rights and to the protection of the rights and privileges of persons owning land in the vicinity of the area from which the sand or gravel is to be taken.

Source. 1959, 113:2. 1979, 392:3, eff. Aug. 22, 1979. 1996, 296:34, eff. Aug. 9, 1996.

Section 4:40-c Deed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Conveyance of Property Under Water

Section 4:40-c

4:40-c Deed. – The grant of the governor and council shall be evidenced by an instrument in writing, executed by the governor and council and attested by the secretary of state and recorded in the county where the property is located.

Source. 1959, 113:2, eff. July 19, 1959.

Section 4:40-d Payments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Conveyance of Property Under Water

Section 4:40-d

4:40-d Payments. – Any payment received by the state as determined by the governor and council under the provisions of RSA 4:40-a for sand or gravel taken from the bed of a great pond or of any navigable river shall be paid over to the state treasurer and shall be available for general revenue of the state.

Source. 1959, 113:2. 1969, 148:2, eff. July 21, 1969.

Section 4:40-e Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Conveyance of Property Under Water

Section 4:40-e

4:40-e Penalty. – Whoever removes sand and gravel from the bed of any navigable water or great pond in violation of any provisions of RSA 4:40-a, RSA 4:40-b, and RSA 4:40-c, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1969, 148:1. 1973, 529:2, eff. at 11:59 P.M., Oct. 31, 1973.

Section 4:41 Governor's Salary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Compensation of Governor and Councilors

Section 4:41

4:41 Governor's Salary. – [Repealed 1961, 221:6, eff. July 1, 1961.] Section 4:42 Councilors' Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:1

4-A:1 Declaration of Purpose. – The general court declares it to be the purpose of this chapter to promote the orderly transfer of the executive power in connection with the expiration of the term of office of a governor and the inauguration of a governor-elect. It is the further intent of the general court to avoid any disruption occasioned by transfer of the executive power and to assume continuity in conduct of the affairs of the state government.

Source. 1975, 452:1, eff. Aug. 19, 1975.

Section 4-A:2 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:2

4-A:2 Definitions. – In this chapter, "governor-elect'' means the person who is the apparent successful candidate for the office of governor, as ascertained by the secretary of state following the general election. The term governor-elect shall apply to such candidate from the day of election certification by the secretary of state until the day of his inauguration.

Source. 1975, 452:1, eff. Aug. 19, 1975.

Section 4-A:3 Office Space Authorized.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:3

4-A:3 Office Space Authorized. – The legislative leadership is authorized to provide, upon request, to the governor-elect for use in connection with his preparation for the assumption of official duties as governor, suitable office space within the state house, appropriately equipped with furniture, furnishings, office machines and equipment.

Source. 1975, 452:1, eff. Aug. 19, 1975.

Section 4-A:4 Expenditure Authorized Within the Amount Appropriated.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:4

    4-A:4 Expenditure Authorized Within the Amount Appropriated. –
    I. The commissioner of administrative services is authorized to provide, upon request, to each governor-elect, for use in connection with his preparation for the assumption of official duties as governor, necessary services and facilities, including:
       (a) Office supplies as determined by the commissioner of administrative services after consultation with the governor-elect.
       (b) Payment of the compensation of members of office staffs designated by the governor-elect at rates determined by him; provided that any employee of any agency of any branch of the state government may be detailed to such staffs on a reimbursable or non-reimbursable basis, after consultation with the department head involved; and while so detailed such employee shall be responsible to the governor-elect for the performance of his duties; provided further, that any employee so detailed shall continue to receive the compensation provided pursuant to law for his regular employment, and shall retain the rights and privileges of such employment without interruption. Notwithstanding any other law, persons receiving compensation as members of office staffs under this subparagraph, other than those detailed from agencies, shall not be held or considered to be employees of the state government, except for purposes of the public employees' retirement system.
       (c) Payment of expenses for the procurement of services of experts or consultants or organizations thereof for the governor-elect may be authorized at rates not to exceed $100 per diem for individuals.
       (d) Payment of travel expenses and subsistence allowances, including rental by the state government of hired motor vehicles, found necessary by the governor-elect, as authorized for persons employed intermittently or for persons serving without compensation, as may be appropriate.
       (e) Communication services found necessary by the governor-elect.
       (f) Payment of expenses for necessary printing and binding.
       (g) Each governor-elect shall be entitled to expenses for postage, including airmail, sent by him in connection with his preparations for the assumption of official duties as governor.
    II. The commissioner of administrative services shall expend no funds for the provision of services and facilities under this chapter in connection with any obligations incurred by the governor-elect before the day following the date of the general elections.
    III. If the governor-elect is the incumbent governor, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this chapter, and any funds appropriated for such purposes shall be returned to the general funds of the treasury.

Source. 1975, 452:1. 1985, 399:3, I, eff. July 1, 1985.

Section 4-A:5 Duties of Outgoing Governor.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:5

4-A:5 Duties of Outgoing Governor. – It shall be the duty of a governor whose term has expired and who has not been re-elected to make available to the governor-elect all official documents, vital information and procedural manuals necessary for a full and complete understanding of the operation of the executive branch and especially of those on-going items that will require action subsequent to the expiration of the incumbent governor's term.

Source. 1975, 452:1, eff. Aug. 19, 1975.

Section 4-A:6 Budget Review and Preparation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:6

4-A:6 Budget Review and Preparation. – The commissioner of administrative services shall provide the governor-elect with all facilities reasonably necessary to permit him to review and familiarize himself with the state's budgetary processes and the state budget as passed. The commissioner of administrative services shall further provide all necessary assistance to the governor-elect in the preparation of his budget.

Source. 1975, 452:1. 1985, 399:3, I, eff. July 1, 1985.

Section 4-A:7 Budget Appropriation Request.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-A
TRANSFER OF POWER TO GOVERNOR-ELECT

Section 4-A:7

4-A:7 Budget Appropriation Request. – The governor shall include in the budget transmitted to the general court, for each fiscal year in which the governor's regular term of office will expire, an appropriation not to exceed $75,000 for carrying out the purpose of this chapter.

Source. 1975, 452:1, eff. Aug. 19, 1975. 1997, 351:2, eff. July 1, 1997.

Section 4-B:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-B
TERM INSURANCE FOR THE GOVERNOR

Section 4-B:1

    4-B:1 Definitions. – In this chapter:
    I. "Commissioner'' means the commissioner of administrative services.
    II. "Governor'' means the person selected governor pursuant to Pt. II, Art. 42 of the New Hampshire constitution.

Source. 1985, 399:30, eff. July 1, 1985.

Section 4-B:2 Contracts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-B
TERM INSURANCE FOR THE GOVERNOR

Section 4-B:2

4-B:2 Contracts. – The commissioner shall enter into a term life insurance contract with an insurance company licensed to do business in this state. The face value death benefit provided by the contract shall equal the amount set forth in RSA 4-B:3.

Source. 1985, 399:30, eff. July 1, 1985.

Section 4-B:3 Term Life Insurance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-B
TERM INSURANCE FOR THE GOVERNOR

Section 4-B:3

4-B:3 Term Life Insurance. – The state shall provide a term life insurance policy for any governor. The policy shall provide a face value death benefit in an amount equal to the annual salary provided the governor in RSA 94:1-a. The state shall pay all premiums associated with the policy. The policy shall be in effect only as long as the governor serves in that capacity.

Source. 1985, 399:30, eff. July 1, 1985.

Section 4-B:4 Beneficiary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-B
TERM INSURANCE FOR THE GOVERNOR

Section 4-B:4

4-B:4 Beneficiary. – The beneficiary with respect to the face value death benefit shall be designated by the governor.

Source. 1985, 399:30, eff. July 1, 1985.

Section 4-C:1 Establishment; General Duties and Responsibilities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:1

    4-C:1 Establishment; General Duties and Responsibilities. –
    I. There is established the office of state planning within the office of the governor. The office of state planning shall be under the supervision and direction of the governor or his designee. The governor's designee shall be known as the director of the office of state planning.
    II. The office of state planning shall:
       (a) Plan for the orderly development of the state and the wise management of the state's resources.
       (b) Compile, analyze, and disseminate data, information, and research services as necessary to advance the welfare of the state.
       (c) Encourage and assist planning, growth management and development activities of cities and towns and groups of cities and towns with the purpose of encouraging smart growth.
       (d) Encourage the coordination and correlation of state planning by agencies of state government.
       (e) Participate in interstate, regional, and national planning efforts.
       (f) Administer federal and state grant-in-aid programs assigned to the office by statute or executive order.
       (g) When requested by one or more towns under RSA 261:153, V, study the adequacy of the additional fee collected to pay fees for the collection and disposal of motor vehicle wastes. If the office deems it necessary, it shall submit proposed legislation to increase such fees to the speaker of the house, the president of the senate, and the governor.
       (h) Maintain a current list of contractors and facilities approved by the office for the collection and disposal of motor vehicle waste, for distribution to towns.
       (i) Participate and advise in matters of land use planning regarding lakes and rivers management programs.
       (j) Take a leadership role in encouraging smart growth and preserving farmland, open space land, and traditional village centers.
       (k) Perform such other duties as the governor may assign.

Source. 1987, 283:3. 1989, 263:10. 1990, 118:1, eff. June 18, 1990. 1996, 251:4, eff. Aug. 9, 1996. 2000, 292:1, eff. Aug. 20, 2000.

Section 4-C:2 State Development Plan.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:2

    4-C:2 State Development Plan. –
    I. The office of state planning, under the direction of the governor, shall:
       (a) Assist the governor in preparing, publishing, and revising the comprehensive development plan required under RSA 9-A.
       (b) Develop and maintain a technical data base of information to support statewide policy development and planning.
       (c) Coordinate and monitor the planning efforts of various state agencies and departments to ensure that program plans published by such agencies are consistent with the policies and priorities established in the comprehensive development plan.
       (d) Coordinate and monitor the planning efforts of the regional planning commissions to ensure that the plans published by the commissions are consistent, to the extent practical, with the policies and priorities established in the state development plan.
    II. In preparing the state development plan, the office of state planning shall consult with the chief executive officers of the various departments and agencies of state government. The office shall also consult with officials of regional planning commissions and regional and local planning and development agencies, local officials, representatives of the business and environmental community, and the general public.
    III. All state agencies and departments shall provide the office of state planning with information and assistance as required by the office to fulfill its responsibilities under RSA 4-C:2, I. The office shall maintain the confidentiality of any information which is protected by law.

Source. 1987, 283:3, eff. May 25, 1987. 2002, 229:2, 3, eff. July 1, 2002.

Section 4-C:3 Data and Information Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:3

    4-C:3 Data and Information Services. – The office of state planning shall:
    I. Gather, tabulate, and periodically publish information on the location and pace of development throughout the state, including, but not limited to, population, housing, and building permit data.
    II. Initiate data coordination procedures as the state agency responsible for coordinating data collection and dissemination among the state, the private sector, and the various political subdivisions.
    III. Gather information for storage in a data bank concerning the data which is currently available within all state agencies. This data shall be used to provide information which is useful in measuring growth and its impact and for statewide planning purposes in general. The data available for dissemination shall include, but shall not be limited to, information for determining future demands for state services and demographic and economic statistics. Any other state agency or department which initiates a data collection program shall inform the office of state planning of its efforts so that the office may utilize that information for planning purposes in its dissemination program.
    IV. Cooperate with the department of environmental services in identifying potential sites for hazardous waste facilities.
    V. Develop and maintain a computerized geographic information system in support of state, regional, or local planning and management activities.
    VI. Cooperate with the Bureau of the Census and other federal agencies with the objective of improving access to the statistical products, data, and information of the federal government.
    VII. Annually estimate the resident population for all cities and towns of the state pursuant to RSA 78-A:25.

Source. 1987, 283:3, eff. May 25, 1987. 1996, 228:108, eff. July 1, 1996.

Section 4-C:4 Coordinator of Federal Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:4

    4-C:4 Coordinator of Federal Funds. –
    I. It is the intent of the general court that the position of coordinator of federal funds be created in the office of state planning to inventory, coordinate and monitor the availability and use of federal funds in New Hampshire. The general court intends that the executive and legislative branches of state government shall be aware of all federal funds received and used in New Hampshire.
    II. There is established in the office of state planning a position to be known as coordinator of federal funds. The duties of the coordinator shall include, but not be limited to, the following:
       (a) To seek out federal programs and funds which may be available to New Hampshire, notify the appropriate state department, municipality or other agency and coordinate the application process. The coordinator shall give priority to federal programs related to economic development and credit.
       (b) To monitor the efforts of state departments, municipalities, and other agencies to apply for and secure federal funds.
       (c) To advise state departments, municipalities, and other agencies within the state of the availability of federal surplus equipment. The coordinator is authorized to contract for services to procure federal surplus equipment on behalf of New Hampshire departments, municipalities and other agencies within the state.
       (d) To maintain a data base, to which the general court shall have access, concerning all federal funds available to all state departments, municipalities, and other agencies within the state.
       (e) To report on all such federal funds coming into the state of New Hampshire, whether to public or private agencies, to the director of the office of state planning who shall annually issue such report to the public.

Source. 1987, 283:3. 1992, 242:5, eff. July 12, 1992.

Section 4-C:5 Rulemaking Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:5

    4-C:5 Rulemaking Authority. – The director of the office of state planning shall adopt rules, under RSA 541-A:
    I. Establishing procedures for grant programs administered by the office. These rules shall be adopted for all federal or state grant programs administered by the office in which the office has authority to establish requirements or procedures or interpret federal requirements and state statutes. These rules shall include, as appropriate:
       (a) Application or grant distribution procedures.
       (b) Criteria and procedures for evaluating applications.
       (c) Procedures for administration of funds by grantees.
       (d) Monitoring and report procedures.
       (e) Appeal procedures for parties dissatisfied with grant decisions.
    II. As provided by RSA 4-C:16, I(a).

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:6 Coordination.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Section 4-C:6

    4-C:6 Coordination. –
    I. The office of state planning shall formulate policies and plans for consideration by the governor which serve to integrate and coordinate resource and development activities affecting more than one state agency, level of government, or governmental function. Nothing in this paragraph shall be construed to grant the governor any additional authority to implement such plans beyond that which has been granted to him under the constitution and other laws of this state. Such activities may include, but shall not be limited to, the following subject areas:
       (a) Water resources.
       (b) Transportation.
       (c) Recreation and natural resources.
       (d) Solid waste and hazardous waste management.
       (e) Off-shore, coastal, and estuarine resources.
       (f) Housing.
       (g) Economic development.
       (h) Energy.
       (i) Shoreland protection.
       (j) Smart growth.
    II. The director of the office of state planning or his designee shall promote coordination of state agency planning and management activities through participation in the deliberations of the following statutory bodies:
       (a) Council on resources and development as established in RSA 162-C:1;
       (b) Water council as established in RSA 21-O:7;
       (c) Wetlands council as established in RSA 21-O:5-a;
       (d) Site evaluation committee as established in RSA 162-H:3;
       (e) Energy facility evaluation committee as established in RSA 162-H:3;
       (f) Agricultural lands preservation committee as established in RSA 432:19.

Source. 1987, 283:3. 1989, 339:3. 1991, 303:2, eff. July 1, 1994. 1996, 228:2, eff. July 1, 1996; 296:2, eff. Aug. 9, 1996. 1998, 264:5, eff. June 26, 1998. 2000, 292:3, eff. Aug. 20, 2000.

Section 4-C:6-a Reports on Economic Development Program Loans and Grants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Reports on Economic Development Loans and Grants

Section 4-C:6-a

    4-C:6-a Reports on Economic Development Program Loans and Grants. –
    I. The office of state planning shall include, as part of its annual report or as a separate report published and made available to the public annually on or before September 1, beginning September 1, 1997, the following information regarding each economic development program for which state grants and loans have been awarded:
       (a) Information regarding the number of jobs to be created or saved as a result of the award, and the related wages and benefits levels.
       (b) The growth potential of the program.
       (c) The environmental impact and smart growth impact of the program.
       (d) The amount of the loan, grant, loan guarantee, bond guarantee, or tax incentives awarded.
    II. The annual report shall also include information regarding the criteria for the awarding of economic development assistance and the means by which the office tracks the progress which each awardee makes in meeting the job, wage, and benefit projections included in its application for assistance.

Source. 1996, 189:1, eff. Aug. 2, 1996. 2000, 292:4, eff. Aug. 20, 2000.

Section 4-C:7 Program Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Regional and Municipal Assistance

Section 4-C:7

4-C:7 Program Established. – The director shall establish a program of regional and municipal assistance within the office of state planning. This program shall coordinate state, regional, and local planning efforts with the goal of assuring delivery of efficient and effective assistance to local governments in areas related to growth management and resource protection.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:8 Responsibilities for Assistance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Regional and Municipal Assistance

Section 4-C:8

    4-C:8 Responsibilities for Assistance. – The office of state planning shall:
    I. Provide technical assistance and, within the limits of biennial legislative appropriations, financial grants to regional planning commissions established under RSA 36:45 et seq. in support of:
       (a) Planning assistance to local units of government.
       (b) Preparation of regional plans.
       (c) Contributions to and coordination with state-wide planning and management activities, including the formulation and updating of the comprehensive state development plan prepared pursuant to RSA 4-C:2.
    II. As requested and in cooperation with regional planning commissions, provide technical assistance and information in support of the planning and growth management efforts of local units of government, including training requested under RSA 673:3-a. The office shall encourage municipalities to first seek assistance from established regional planning commissions.
    III. Provide computer interface capability among and between each regional planning commission, the office of state planning, and state data collection and storage sources. The computer interface capability shall be used by regional planning commissions to respond to municipal requests for assistance in the preparation and amending of master plans and in the evaluation of municipal infrastructure needs. The computer interface capability shall also be used by regional planning commissions to develop and update regional master plans, as provided in RSA 36:47. The computer equipment used for the purposes of this paragraph shall be compatible and able to interface with the office of state planning's geographic information system, as well as with other similar state computerized data collection and storage sources.
    IV. Provide technical assistance and information to municipalities with the cooperation of other state and regional planning agencies in the following areas:
       (a) Use and application of geographic data available in the state's geographic information system (GIS) for local planning and growth management purposes.
       (b) Recommending standard procedures for the establishment of accurate, large-scale base mapping to support municipal administrative functions such as tax assessment, public facility management and engineering.

Source. 1987, 283:3. 1988, 102:1. 1989, 366:2, eff. July 1, 1989.

Section 4-C:9 Coordination at State Level.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Regional and Municipal Assistance

Section 4-C:9

4-C:9 Coordination at State Level. – The office of state planning shall coordinate efforts by state agencies to provide technical assistance to municipal governments in areas related to growth management and resource protection.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:9-a Revolving Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Regional and Municipal Assistance

Section 4-C:9-a

    4-C:9-a Revolving Funds. – In order to enhance its ability to provide education and training assistance to municipalities and regional agencies, the following nonlapsing revolving funds, which shall not exceed $20,000 on June 30 of each year, shall be established in the office of state planning:
    I. A revolving fund known as the publications revolving fund.
       (a) The moneys in this fund shall be used for the purposes of printing materials for distribution. A reasonable charge shall be established for each copy of a document. This charge shall be only in the amount necessary to pay the cost of producing such document.
       (b) The amount in the nonlapsing publications revolving fund shall not exceed $20,000, on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue.
    II. A revolving fund known as the municipal and regional training fund.
       (a) The moneys in this fund shall be used for the purpose of providing training to local and regional officials. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training material, rental of facilities, advertising and other associated costs. Such training shall be conducted in a geographically dispersed manner and scheduled with the convenience of part-time officials in mind.
       (b) The amount in the nonlapsing municipal and regional training revolving fund shall not exceed $20,000 on June 30 of each year and any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue.

Source. 1989, 245:1, eff. July 25, 1989.

Section 4-C:10 Contact Point.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Regional and Municipal Assistance

Section 4-C:10

4-C:10 Contact Point. – The office of state planning shall serve as the state's point of contact for local and regional officials seeking assistance from the state on growth management and resources protection matters.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:11 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:11

    4-C:11 Definitions. – In this subdivision:
    I. "Agency'' means the New Hampshire office of state planning.
    II. "Chief executive officer'' means the chief executive of the municipality, whether the official designation is mayor, city manager, chairman of the board of selectmen, or otherwise.
    III. "Committee'' means the community development advisory committee.
    IV. "Director'' means the director of the agency.
    V. "Entitlement municipality'' means a municipality entitled to receive funds directly from the United States Department of Housing and Urban Development under Title I, section 106(b) of the federal act.
    VI. "Federal act'' means Title I of the Housing and Community Act of 1974, as amended, 42 U.S.C. section 5301 et seq.
    VII. "Governing body'' means, in the case of a city, the city council or the board of aldermen or, in the case of a town, the board of selectmen.
    VIII. "Grantee'' means a municipality that receives a grant under the provisions of this subdivision.
    IX. "Municipality'' means a city or a town. It also means a "non-entitlement area'' as defined in Title I, section 102(a)(7) of the federal act.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:12 Program Goals.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:12

    4-C:12 Program Goals. – In allocating funds under the community development block grant program, the agency shall give priority to activities that:
    I. Benefit low and moderate income households.
    II. Aid in the prevention or elimination of slum or blight.
    III. Aid in the prevention or elimination of conditions which pose a serious or immediate threat to the health and welfare of the community where no other financial resources exist to meet such needs.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:13 Eligible Activities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:13

    4-C:13 Eligible Activities. – A wide range of community development activities shall be eligible for funding. These may include, but are not limited to:
    I. The acquisition, rehabilitation, or expansion of housing.
    II. The creation, expansion, or retention of employment through the stimulation of private investment and community revitalization.
    III. The installation, rehabilitation, or replacement of public facilities.
    IV. Activities that test the feasibility of innovative approaches to community development.
    V. Activities that provide timely responses to unpredictable circumstances or special development opportunities.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:14 Grant of Powers to Municipalities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:14

    4-C:14 Grant of Powers to Municipalities. –
    I. All municipalities not designated as entitlement municipalities under the federal act are authorized to apply with the agency for funds and are granted such additional authority and power, essential and incidental, as may be necessary for the administration of this program.
    II. Prior to filing an application under this subdivision, a municipality shall:
       (a) Through action by the governing body adopt or pass an official act or resolution authorizing the filing of the application and directing the chief executive officer or designee to act in connection with the application and to provide such information as may be required.
       (b) Hold at least one public hearing to obtain the views of citizens on community development, to furnish the citizens with information concerning the amount of funds available and the range of community development activities that may be undertaken under this subdivision and to give affected citizens an opportunity to examine a proposed statement to the projected use of such funds to be applied for. A notice of the hearing shall specify the grounds for the hearing as well as the date, time, and place. This notice of the hearing shall be published in a newspaper of general circulation in the municipality, and a legal notice shall also be posted in at least 3 public places within such municipality at least 10 days prior to the hearing. The 10 days shall not include the day of publication or the day of posting, whichever is later, nor the day of the hearing, but shall include any Saturdays, Sundays, and legal holidays within the period. This hearing shall be held before the municipality's governing body takes any final action regarding the filing of the application.
       (c) The chief executive officer shall certify that the municipality will comply with the provisions of this subdivision and with other applicable federal and state laws and rules as may be determined by the agency and the federal government.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:15 The New Hampshire Community Development Advisory Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:15

    4-C:15 The New Hampshire Community Development Advisory Committee. –
    I. There is established the community development advisory committee which shall be provided staff and administrative assistance by the agency.
    II. The committee shall consist of 9 voting members as follows:
       (a) The director of the office of state planning or his designee who shall serve as chairman of the committee.
       (b) The director of the division of economic development, department of resources and economic development, or his designee.
       (c) The executive director of the New Hampshire housing finance authority or his designee.
       (d) Six public members, at least 3 of whom shall be municipal officials, who shall be appointed by and serve at the pleasure of the governor.
    III. The 6 public members shall be paid their actual expenses incurred in performing their duties under this subdivision and shall be paid mileage at the same rate as state employees.
    IV. A majority of the members of the committee shall constitute a quorum.
    V. No person who receives a significant portion of his income directly or indirectly from the community development activities governed by this subdivision shall be a member of the committee.
    VI. The committee shall advise the director in the development of rules for administering this subdivision and developing criteria for the allocation of funds provided under the federal act.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:16 Duties of the Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:16

    4-C:16 Duties of the Director. –
    I. The director, with the consent of the committee and with the approval of the governor, shall:
       (a) Adopt rules, pursuant to RSA 541-A, relative to:
          (1) The application process.
          (2) Criteria and procedures for evaluating applications submitted by eligible municipalities.
          (3) Procedures for the administration of program activities and funds by grantees.
          (4) Procedures for monitoring grantees and for hearings.
       (b) Make final awards of grants and enter into contractual relationships with grantees for administering funds.
    II. The director shall provide advice and assistance to municipalities in dealing with community development concerns and problems.
    III. The director is authorized to accept federal funds to administer the small cities community development block grant program in accordance with the provisions of this subdivision.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:17 Procedures for Administration.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:17

    4-C:17 Procedures for Administration. –
    I. All funds allocated to the state under the federal act, except for an amount not exceeding the maximum allowable under the federal act available to the state for administrative costs, shall be allocated to eligible municipalities.
    II. All municipalities shall be eligible to apply for and receive funds under this subdivision except for entitlement municipalities.
    III. The allocation system shall be competitive and shall provide the opportunity for any eligible municipality to compete for funding for community development projects.
    IV. The agency shall solicit applications from eligible municipalities. Any eligible municipality desiring to receive funds under this subdivision shall complete and submit an application in accordance with the rules adopted under RSA 4-C:16, I(a).
    V. The director shall evaluate the relative merits of the applications based on the rules, criteria and procedures adopted under RSA 4-C:16.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:18 Remedies for Noncompliance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Community Development Block Grants

Section 4-C:18

    4-C:18 Remedies for Noncompliance. –
    I. If the director finds, after reasonable notice and opportunity for hearing, that a grantee under this subdivision has failed to comply substantially with the provisions of this subdivision, the rules adopted under this subdivision, or applicable provisions of federal law, the director, until he is satisfied that there is no longer any such failure to comply, may:
       (a) Terminate payments to the grantee under this subdivision; or
       (b) Limit the availability of payments under this subdivision under such conditions as he may establish.
    II. In lieu of, or in addition to, any action authorized in paragraph I, the director may refer the matter to the attorney general of the state of New Hampshire with a recommendation that an appropriate civil action be instituted.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:19 Establishment and Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Water Protection Assistance Program

Section 4-C:19

4-C:19 Establishment and Purpose. – There is established within the office of state planning, hereafter referred to as the office, the water protection assistance program. The purpose of the program is to encourage and assist municipalities individually and, where appropriate, collectively to evaluate their water resources and to develop local and regional measures for the protection of both ground and surface water. The program shall recognize the interdependency of municipalities which lie within a common watershed and shall facilitate cooperative planning for the management and protection of common water resources. By providing a range of technical assistance, the program shall help municipalities to exercise powers within their jurisdictions, including, but not limited to, land use regulation, to enhance water protection measures, and to ensure the continued availability of this resource.

Source. 1987, 283:3, eff. May 25, 1987.

Section 4-C:20 Program Administration.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Water Protection Assistance Program

Section 4-C:20

    4-C:20 Program Administration. –
    I. The office shall prepare guidance materials for use by municipalities in the development of local water resources management and protection plans as provided in RSA 674:2, III(d), and other appropriate protection measures. If the written guidance materials discuss any requirements which exist under state or federal law and which the office believes may be applicable to the municipalities' plans, the materials shall identify the source of such requirements.
    II. The program shall be implemented by the office primarily through the established regional planning agencies. Other technical services and advice may also be utilized. The program shall be coordinated with plans and programs of other state agencies, especially those of the department of environmental services, and regional planning agencies, and with activities of the county conservation districts. The office may authorize regional planning agencies to perform specific phases of the administration of this subdivision, especially the collaboration with municipalities.

Source. 1987, 283:3. 1989, 346:1, eff. Aug. 1, 1989. 1997, 196:1, eff. Aug. 17, 1997. 2002, 178:5, eff. July 14, 2002.

Section 4-C:21 Technical Assistance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Water Protection Assistance Program

Section 4-C:21

    4-C:21 Technical Assistance. –
    I. The office may employ necessary personnel to coordinate the municipal technical assistance program with state and regional planning agencies. The technical assistance program shall rely to a significant extent on the regional planning agencies, which shall work directly with all municipalities within their jurisdiction to accomplish the objectives of this subdivision.
    II. The office, using guidance materials and programs developed under RSA 4-C:20, shall meet with and provide technical assistance to the regional planning agencies. These agencies shall then work with local municipalities to enable the municipalities to incorporate appropriate water protection measures in their master plans and municipal codes. The regional planning agencies shall provide progress reports as required by the office.

Source. 1987, 283:3, eff. May 25, 1987. 1997, 196:2, eff. Aug. 17, 1997.

Section 4-C:22 Local Water Resources Management and Protection Plans.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Water Protection Assistance Program

Section 4-C:22

    4-C:22 Local Water Resources Management and Protection Plans. –
    I. A municipality may include in its master plan a local water resource management and protection plan, hereafter referred to as the local water plan. Once the local water plan has been adopted, it shall be placed on file with the office in accordance with RSA 675:9. The plan shall be made available to the public upon reasonable request and payment for any costs incurred in the duplication of the report.
    II. Implementation of local water plans shall be through the adoption and enforcement of municipal ordinances consistent with the plan and through such other measures as are appropriate and legally available to municipal government as tools to further the water protection objectives set forth in the plan. Assistance shall be available through the water protection assistance program established in RSA 4-C:19 and programs of the department of environmental services as provided in RSA 21-O:3, IX, to advise municipalities on appropriate implementation measures.
    III. If a municipality determines there is an immediate need to develop or amend subdivision or site plan review regulations in the manner provided by RSA 675:6 or to prevent deterioration of a critical water resource through a zoning ordinance or amendment in the manner provided by RSA 674:23, II, it may adopt such temporary measures for protection of water resources. Such measures shall be valid as provided in RSA 674:23, III.

Source. 1987, 283:3. 1989, 346:2, 3, eff. Aug. 1, 1989. 1997, 196:3, eff. Aug. 17, 1997.

Section 4-C:23 Regional Water Resources Management and Protection Plans.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4-C
OFFICE OF STATE PLANNING

Water Protection Assistance Program

Section 4-C:23

4-C:23 Regional Water Resources Management and Protection Plans. – Municipalities are hereby authorized and encouraged to enter into agreements with other municipalities for the purpose of developing and implementing regional water plans and ordinances to enhance the effectiveness of their local water plans where water protection needs to extend beyond municipal boundaries. Appropriate action of the municipalities by ordinance, resolution or other action shall be necessary before any such agreement may enter into force, and the agreement shall be adopted pursuant to RSA 53-A. Municipalities are encouraged to seek the assistance of their regional planning commission in the development and implementation of their regional water plan, and shall coordinate these plans with the regional water resource planning efforts of their commission.

Source. 1989, 105:1, eff. June 30, 1989. 1997, 196:4, eff. Aug. 17, 1997.

Section 5:1 Department; Secretary; Election and Bond; Transition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:1

    5:1 Department; Secretary; Election and Bond; Transition. –
    I. There is hereby established a department of state under the executive direction of the secretary of state. The secretary of state shall be chosen biennially in the manner directed in the constitution and in accordance with RSA 14:2-b and shall hold office until a successor is elected and assumes the duties of the office. The secretary of state's duties shall be those of both a legislative branch as well as an executive branch officer. The penal sum of his bond shall be $10,000, and the sureties upon it must be satisfactory to the governor and council.
    II. The term of office for the new secretary of state shall begin on the first Wednesday following the first Tuesday in January. The new secretary of state shall assume the duties of office upon taking the oath of office.
    III. It shall be the duty of the outgoing secretary of state to make available to the new secretary of state all official documents and vital information necessary for a full and complete understanding of the operation of the department of state.

Source. Const. II, 67, 70. GS 13:1. GL 14:1. PS 15:1. PL 14:1. RL 21:1. 1950, 5, part 4:1. RSA 5:1. 1976, 45:10. 1989, 72:1. 1994, 4:1, eff. May 27, 1994.

Section 5:2 Salary of Secretary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:2

5:2 Salary of Secretary. – The annual salary of the secretary of state shall be that prescribed by RSA 94:1-4.

Source. RL 21:11. 1943, 207:1. 1953, 265:1, eff. July 1, 1953.

Section 5:2-a Senior Deputy Secretary of State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:2-a

5:2-a Senior Deputy Secretary of State. – The secretary of state may appoint a senior deputy secretary of state who shall serve for not more than 90 days in any one fiscal year. The senior deputy secretary of state appointed under this section shall exercise the duties and functions delegated to him, and all duties and functions exercised by him while so acting shall have the same validity and effect as though performed by the secretary of state.

Source. 1977, 210:1. 1989, 254:1, eff. July 25, 1989.

Section 5:3 Clerks and Assistants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:3

5:3 Clerks and Assistants. – Subject to the state personnel regulations, and within the limits of available appropriations and funds, the secretary of state may employ a chief clerk and such other clerks and assistants as may be necessary.

Source. 1921, 118:2. PL 14:14. 1931, 77:1 RL 21:14. 1950, 5, part 2:2, eff. June 30, 1950.

Section 5:4 Preservation of Papers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:4

5:4 Preservation of Papers. – The secretary shall arrange methodically, fold uniformly, file, and label all the papers in his office belonging to the state, preserve the same carefully, and give copies thereof, duly authenticated, whenever required and paid for such copies.

Source. Const. II, 68. RS 11:4. CS 11:4. GS 13:5. GL 14:5. PS 15:4. PL 14:2. RL 21:2.

Section 5:4-a Display of Historical Documents.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:4-a

5:4-a Display of Historical Documents. – The secretary of state shall, during certain times within his discretion, put on public display in rooms 118 and 119 of the state house the authentic copy of the declaration of independence and bill of rights which he has in his possession. This document shall be displayed under conditions which ensure its security and protection from theft, damage, or destruction. When the document is not on public display, it shall be under the care of the secretary of state.

Source. 1979, 366:1. 1985, 202:1, eff. July 30, 1985.

Section 5:5 Seal; Certification.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:5

5:5 Seal; Certification. – He shall have the custody of the state seal; and copies of records and papers in his office, certified by him or his deputy and authenticated by the state seal, shall be evidence in like manner as the originals.

Source. RS 11:1. CS 11:1. GS 13:10. GL 14:10. PS 15:5. PL 14:3. RL 21:3.

Section 5:6 Election Items.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:6

5:6 Election Items. – The secretary of state shall prepare and distribute the election-related items as provided in the election laws.

Source. RS 11:2. CS 11:2. GS 13:3. GL 14:3. 1885, 94:4. PS 15:7. PL 14:4. RL 21:4. RSA 5:6. 1979, 436:2, eff. July 1, 1979.

Section 5:6-a Election Procedure Manual.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:6-a

5:6-a Election Procedure Manual. – The secretary of state shall prepare and distribute an election procedure manual as provided in RSA 652:22.

Source. 1977, 526:1. 1979, 436:3, eff. July 1, 1979.

Section 5:6-b Assistance; Benefits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:6-b

5:6-b Assistance; Benefits. – The secretary of state shall have authority to employ such additional assistants as may be required in carrying out the provisions of the election laws, and all necessary expense thereof shall be paid by the state. All full-time employees and officials in this department shall be eligible for annual and sick leave.

Section 5:51

    5:51 Grants for Local Government Records Management Improvement. –
    I. The state archivist, upon consultation with the municipal records board's grants review committee, is authorized to award grants for records management improvement as provided under RSA 5:49 to local governments, groups of cooperating local governments, or cooperative ventures that include local governments.
    II. The municipal records board shall set forth criteria and procedures necessary to award grants for records management improvement from moneys available for this purpose in the fund. Such criteria may include:
       (a) The development by the applicant of a written plan for a records management program.
       (b) The condition of the records of the applicant.
       (c) The geographic location of the applicant so as to provide, to the extent practicable, equitable geographic distribution of the grants.
       (d) The particular design of the applicant's records management program.
       (e) The applicant's arrangements for cooperative activities for a records management program.

Source. 2002, 145:2, eff. July 12, 2002.

Section 5-A:1 Adoption of Compact.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-A
INTERPLEADER COMPACT

Section 5-A:1

5-A:1 Adoption of Compact. – The following interpleader compact is hereby approved, ratified, adopted and entered into by this state as a party state to take effect between this state and any other state or states as defined in said compact when entered into in accordance with the terms of said compact by said other state or states and not disapproved by the governor of this state under paragraph (c) of article 7 of such compact:

Interpleader Compact

    The contracting states solemnly agree:
    Article 1. Purpose. The aims of this compact are to promote comity and judicial cooperation among the states party thereto; and to relieve from undue risk and uncertainty, a person who may be subject to double or multiple liability because of the existence of adverse claimants, one or more of whom in the absence of this compact may not be subject to the jurisdiction of the adjudicating court, when such person makes all reasonable efforts to secure judicial determination and discharge of his liability.
    Article 2. Definitions. For the purpose of this compact the following definitions shall apply:
       (a) A state shall mean (1) a state of the United States or any territory or possession of the United States and the District of Columbia acting under Article 1, section 10, clause 3, of the Constitution of the United States in entering this compact with an American or a foreign jurisdiction, or (2) a state of the community of nations and any component governmental unit of such a state which under the laws thereof may validly become party to this compact.
       (b) A person shall include any entity capable of suing or being sued in the state in which the interpleader is pending.
       (c) Interpleader shall mean a judicial procedure by which 2 or more persons who have adverse claims against a third person may be required to litigate these claims in one proceeding.
    Article 3. Service of process. (a) Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a proceeding in another state, party to this compact, provided that such service shall fulfill the requirements for service of process of the state in which the service is made and provided further that such service shall meet the minimum standards for service of the jurisdiction where the proceeding is pending.
       (b) No such service of process shall be valid unless either (1) the subject matter of the proceeding is specific real property or tangible personal property situated within the state in which the proceeding is pending; or (2) one or more of the claimants shall be either a permanent resident or domiciliary of the state in which the proceeding is pending; or (3) a significant portion of the transaction out of which the proceeding shall have arisen shall have taken place in the state in which the proceeding is pending; or (4) one of the claimants shall have initiated the action.
    Article 4. Scope of interpleader unaffected. Nothing in this compact shall be construed to change any requirement or limitation on the scope of interpleader of the state in which the interpleader proceeding is pending except in relation to acquisition of personal jurisdiction.
    Article 5. Finality of judgment. No judgment obtained against any person in any proceeding to which he had become a party by reason of service of process effected pursuant to the provisions of this compact shall be subject to attack on the ground that the adjudicating court did not have personal jurisdiction over such person.
    Article 6. Enactment. (a) This compact shall enter into force and effect as to a state one year from the date it has taken whatever action may be necessary pursuant to its required processes to make this compact part of the laws of such state and the appropriate authority of such state shall have deposited a duly authenticated copy of its statute, proclamation, order, or similar official pronouncement having the force of law and embodying this compact as law with the appropriate officer or agency of each of the states party thereto. In the statute, proclamation, order, or similar act by which a state adopts this compact, it shall specify the officer or agency with whom the documents referred to in this article shall be deposited.
       (b) Unless the statute, proclamation, order, or similar act by which a state adopts this compact shall specify otherwise, and name the states with which the state intends to compact, such adoption shall apply to all other states then party to or who may subsequently become party to this compact. In the event that a state shall enter this compact with some states but not with others, the deposit of documents required by paragraph (a) of this article shall be effected only with those states to which the adopting state specifies an intention to be bound.
    Article 7. Withdrawal. (a) This compact shall continue in force and remain binding on a party state until such state shall withdraw therefrom. To be valid and effective, any withdrawal must be preceded by a formal notice in writing of one year from the appropriate authority of that state. Such notice shall be communicated to the same officer or agency in each party state with which the notice of adoption was deposited pursuant to article 6 of this compact. In the event that a state wishes to withdraw with respect to one or more states, but wishes to remain a party to this compact with other states party thereto, its notice of withdrawal shall be communicated only to those states with respect to which withdrawal is contemplated.
       (b) Withdrawal shall not be effective as to service of process accomplished pursuant to this compact prior to the actual date of withdrawal.
       (c) Any state receiving a notice of adoption from another state may by action of its executive head within a year from the receipt of such notice in the manner provided for withdrawal in paragraph (a) of this article specify its intention not to be bound to the state depositing such notice and such adoption thereupon shall not be binding upon the state so acting.
    Article 8. Severability and construction. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state, or in the case of a component governmental unit, to the constitution of the state of which it is a part, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby; provided that if this compact shall be held invalid or contrary to the constitution of any government participating therein the compact shall remain in full force and effect as to the remaining governments and in full force and effect as to the government affected as to all severable matters. It is the intent that the provisions of this compact shall be reasonably and liberally construed.

Source. 1957, 128:1, eff. July 16, 1957.

Section 5-A:2 Secretary of State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-A
INTERPLEADER COMPACT

Section 5-A:2

5-A:2 Secretary of State. – The secretary of state is hereby designated as the officer to receive all documents deposited pursuant to articles 6 and 7 of the interpleader compact. The secretary of state is also directed hereby to act as the repository for all such documents and to keep and make available upon request a complete list of the states with which this party is party to the interpleader compact, together with such other information as may be in his possession concerning the status of such compact in respect to enactment and withdrawals therefrom.

Source. 1957, 128:1, eff. July 16, 1957.

Section 5-A:3 Withdrawal Action.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-A
INTERPLEADER COMPACT

Section 5-A:3

5-A:3 Withdrawal Action. – As used in paragraph (c) of article 7 of the interpleader compact, the phrase "executive head'' shall mean the governor of this state. In the event that the governor shall take any action pursuant to paragraph (c) of article 7 of such interpleader compact, he shall promptly notify the secretary of state and shall deposit with him copies of any and all official communication and documents relating to such action. The governor shall take appropriate action pursuant to paragraph (c) of article 7 of the interpleader compact so as not to become party thereto with any state not recognized by the United States of America or with any state the features of whose legal system make the equitable operation of said compact impractical.

Source. 1957, 128:1, eff. July 16, 1957.

Section 5-B:1 Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:1

5-B:1 Purpose. – The purpose of this chapter is to provide for the establishment of pooled risk management programs and to affirm the status of such programs established for the benefit of political subdivisions of the state. The legislature finds and determines that insurance and risk management is essential to the proper functioning of political subdivisions; that risk management can be achieved through purchase of traditional insurance or by participation in pooled risk management programs established for the benefit of political subdivisions; that pooled risk management is an essential governmental function by providing focused public sector loss prevention programs, accrual of interest and dividend earnings which may be returned to the public benefit and establishment of costs predicated solely on the actual experience of political subdivisions within the state; that the resources of political subdivisions are presently burdened by the securing of insurance protection through standard carriers; and that pooled risk management programs which meet the standards established by this chapter should not be subject to insurance regulation and taxation by the state.

Source. 1987, 329:1, eff. July 24, 1987.

Section 5-B:2 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:2

    5-B:2 Definitions. – In this chapter:
    I. "Department'' means the department of state.
    II. "Informational filing'' means an annual filing with the department made solely for the purpose of providing public access to certain information concerning the nature and organization of pooled risk management programs. Such informational filing shall be limited to the following:
       (a) The name and legal address of each pooled risk management program;
       (b) A list of current officers, their titles and addresses;
       (c) A brief description of the coverage provided;
       (d) The annual audit required under RSA 5-B:5, I(d);
       (e) A written plan of operation or bylaws; and
       (f) The annual actuarial evaluation required under RSA 5-B:5, I(f).
    III. "Political subdivision'' means any city, town, county, school district, charter school, village district, school administrative unit, or any district or entity created for a special purpose administered or funded by any of the above-named governmental units.
    IV. "Risk management'' means the defense of claims and indemnification for losses arising out of the ownership, maintenance, and operation of real or personal property and the acts or omissions of officials, employees, and agents; the provision of loss prevention services including, but not limited to, inspections of property and the training of personnel; and the investigation, evaluation, and settlement of claims by and against political subdivisions.

Source. 1987, 329:1. 1995, 260:1, eff. July 1, 1995.

Section 5-B:3 Pooled Risk Management Authorized and Affirmed; Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:3

    5-B:3 Pooled Risk Management Authorized and Affirmed; Membership. –
    I. A political subdivision, by resolution of its governing body, may establish and enter into agreements for obtaining or implementing insurance by self-insurance; for obtaining insurance from any insurer authorized to transact business in this state as an admitted or surplus lines carrier; or for obtaining insurance secured in accordance with any method provided by law; or for obtaining insurance by any combination of the provisions of this paragraph. Agreements made pursuant to this paragraph may provide for pooling of self-insurance reserves, risks, claims and losses, and of administrative services and expenses associated with them among political subdivisions. To accomplish the purposes of this chapter, 2 or more political subdivisions may form an association under the laws of this state or affirm an existing association so formed to develop and administer a risk management program having as its purposes reducing the risk of its members; safety engineering; distributing, sharing, and pooling risks; acquiring insurance, excess loss insurance, or reinsurance; and processing, paying and defending claims against the members of such association.
    II. RSA 53-A shall not apply to an association formed or affirmed under this chapter, nor to the participation in such an association by a political subdivision.
    III. Pooled risk management programs established for the benefit of political subdivisions may provide any or all of the following coverages:
       (a) Casualty, including general and professional liability; errors and omissions; workers' compensation and employer's liability; medical payments; or unemployment compensation as authorized under federal law.
       (b) Property, including marine and inland navigation; transportation; boiler and machinery; fire; theft; or natural hazards.
       (c) Vehicle, including any liability or loss arising from the ownership or operation of vehicles.
       (d) Surety and fidelity.
       (e) Environmental impairment.
       (f) Hospital, medical, surgical or dental benefits for employees and their dependents.
       (g) Life, income maintenance, accidental death and dismemberment, vision loss or impairment, or legal benefits for employees and their dependents.

Source. 1987, 329:1, eff. July 24, 1987.

Section 5-B:4 Informational Filing Required; Fee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:4

5-B:4 Informational Filing Required; Fee. – Pooled risk management programs established for the benefit of political subdivisions shall make an informational only filing as defined in RSA 5-B:2, II, with the department and shall pay an annual filing fee of $150. Nothing contained in this chapter shall be construed as enabling the department to exercise any rulemaking, regulatory or enforcement authority over any pooled risk management program formed or affirmed in accordance with this chapter. Pooled workers' compensation and unemployment compensation programs which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments.

Source. 1987, 329:1. 1994, 158:16, eff. May 23, 1994.

Section 5-B:5 Standards of Organization and Operation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:5

    5-B:5 Standards of Organization and Operation. –
    I. Each pooled risk management program shall meet the following standards of organization and operation. Each program shall:
       (a) Exist as a legal entity organized under New Hampshire law.
       (b) Be governed by a board the majority of which is composed of elected or appointed public officials, officers, or employees.
       (c) Return all earnings and surplus in excess of any amounts required for administration, claims, reserves, and purchase of excess insurance to the participating political subdivisions.
       (d) Provide for an annual audit of financial transactions by an independent certified public accountant. The audit shall be filed with the department and distributed to participants of each pooled risk management program.
       (e) Be governed by written bylaws which shall detail the terms of eligibility for participation by political subdivisions, the governance of the program and other matters necessary to the program's operation. Bylaws and any subsequent amendments shall be filed with the department.
       (f) Provide for an annual actuarial evaluation of the pooled risk management program. The evaluation shall assess the adequacy of contributions required to fund any such program and the reserves necessary to be maintained to meet expenses of all incurred and incurred but not reported claims and other projected needs of the plan. The annual actuarial evaluation shall be performed by a member of the American Academy of Actuaries qualified in the coverage area being evaluated, shall be filed with the department, and shall be distributed to participants of each pooled risk management program.
    II. If a pooled risk management program fails to provide for an annual audit or an annual actuarial evaluation, the department shall perform or cause to be performed the required audit or evaluation and shall be reimbursed the cost by the program.

Source. 1987, 329:1, eff. July 24, 1987. 1997, 14:1, eff. June 21, 1997.

Section 5-B:6 Declaration of Status; Tax Exemption; Liability.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:6

Section 6:12

    6:12 Application of Receipts. –
    I. The requirement that the state treasurer shall maintain an account or fund separately on the books of the state shall be met by the department of administrative services, which shall maintain the account or fund in the accounting system of the state. Moneys received by the state treasurer, as provided in RSA 6:11, shall be available for general revenue of the state with the following exceptions:
       (a) Moneys received by the state sweepstakes commission, which shall be credited to the sweepstakes special fund.
       (b) Moneys received by the fish and game department, which shall be credited to the fish and game fund.
       (c) Fines received for violations of RSA 214:12 and any monetary damages recovered pursuant to RSA 211:74, which shall be credited to the fish and game fund.
       (d) [Repealed.]
       (e) Fees certified by the chairman of the public utilities commission under RSA 107-B, which shall be credited to the New Hampshire nuclear planning and response fund.
       (f)(1) All moneys received from the division of motor vehicles which are derived from registration fees, operators'' licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuels, or any other fee collected by the division of motor vehicles, but not including any revenue from fines and forfeitures assessed against any violator of any state law relative to the use and operation of motor vehicles, after deducting the amount allowed by the legislature for maintaining the division of motor vehicles, which shall be credited to the public works and highways department for maintenance of highways;
          (2) [Repealed.]
       (g) Moneys received by the police standards and training council, which shall be credited to the police standards and training council training fund.
       (h) Costs charged back to the state or its agencies, counties, cities or towns which are incurred by the division of state police of the department of safety, which shall be credited to the public works and highways department for the maintenance of highways.
       (i) Ninety percent of the filing fees collected by the board of tax and land appeals under RSA 498-A, which shall be credited to the highway fund.
       (j) Revenues from fees, rentals, and the sale of products from lands under the jurisdiction of the department of resources and economic development, which shall be credited as provided under RSA 227-G.
       (k) All moneys, fees and fines and sales included within the weights and measures fund established by RSA 359-A:36.
       (l) Fees collected by the public utilities commission of railroads and public utilities for money paid out by the commission to experts and assistants not in its regular employ, which fees shall be appropriated to reimburse the state for money so paid out.
       (m) Moneys received under RSA 457:29, which shall be credited to the special fund for domestic violence programs.
       (n) The share of the normal yield tax going to the department of resources and economic development under RSA 79:14, which shall be credited to the unincorporated towns and unorganized places forest conservation fund.
       (o) Moneys received for sending children to the special education program of the Philbrook center for children and youth pursuant to RSA 186-C:20.
       (p) Money received under RSA 143:11 and 184:85, which shall be credited to the public health services special fund.
       (q) [Repealed.]
       (r) Moneys received under RSA 188-F, which shall be credited as provided in that chapter.
       (s) Money received under RSA 481:32, which shall be credited to the dam maintenance fund established under RSA 482:55.
       (t) Money received under RSA 341-A:18, which shall be credited to the apple marketing account.
       (u) Money received under RSA 318-B:17-b, IV, which shall be credited as specified in RSA 318-B:17-b, IV to:
          (1) The drug forfeiture fund;
          (2) The state law enforcement agency account; or
          (3) The department of health and human services office of alcohol and drug abuse prevention account.
       (v) Moneys received under RSA 125-F:11, II and IV, which shall be credited to the radiation long term care fund.
       (w) The money received under RSA 230:52, II, which shall be credited to the division of travel and tourism development, department of resources and economic development.
       (x) [Repealed.]
       (y) Money received under RSA 400-A:29-a, II, which shall be credited to the insurance department's continuing education advisory council reimbursement fund.
       (z) [Repealed.]

[Paragraph I(aa) effective until July 1, 2003; see also paragraph I(aa) set forth below.]

[Paragraph I(aa) effective July 1, 2003; see also paragraph I(aa) set forth above.]

       (aa) The assessments collected under RSA 188-F:31 and 651:63, V and the surcharges on state commissary purchases under RSA 622:7-b designated for the victims' assistance fund which shall be credited to the victims' assistance fund until that fund exceeds $900,000, at which time moneys in excess of $900,000 shall be credited to the general fund.
       (bb) Money received under RSA 326-B:29, which shall be credited to the board of nursing's nursing assistant fund.
       (cc) The money received under RSA 125-F:8-a, which shall be credited to the New Hampshire low-level radioactive waste management fund.
       (dd) Additional fees received under RSA 263:34-i, which shall be credited to the motorcycle rider safety fund established in RSA 263:34-e.
       (ee) [Repealed.]
       (ff) [Repealed.]
       (gg) Money received under RSA 485-A:7-a and 7-c, which shall be deposited in the wastewater treatment plant operator certification fund established in RSA 485-A:7-a, II.
       (hh) Moneys received by state agencies through recycling programs established pursuant to RSA 21-I:14-a, I which shall be credited to the recycling fund established under RSA 21-I:14-a, II.
       (ii) Moneys received from the levying of civil penalties or fees by the department of safety under RSA 21-P:16-24, which shall be credited to the revolving fund established in RSA 21-P:21.
       (jj) The money received under RSA 21-I:60, which shall be credited to the special recycling fund established under RSA 21-I:60.
       (kk) Moneys received as operational permit fees under RSA 485:41, VIII, which shall be credited to the operational permits account.
       (ll) The fees collected under RSA 310-B, which shall be credited, appropriated and disbursed as provided under RSA 310-B.
       (mm) [Repealed.]
       (nn) Money received in accordance with RSA 216-A:3-i which shall be credited to the state park fund.
       (oo) Moneys received under RSA 125-C:12, IV and V which shall be credited to the air resources fund established in RSA 125-C:12, IV.
       (pp) Moneys received under RSA 147-A:4, RSA 147-A:6, RSA 147-A:16, RSA 147-A:17, RSA 147-A:17-a, RSA 147-B:8, and RSA 147-B:11, which shall be credited to the hazardous waste cleanup fund established under RSA 147-B:3.
       (qq) Moneys received by the commissioner of the department of health and human services, for the purchase of vaccines, which shall be credited to the vaccine purchase fund established in RSA 141-C:17-a.
       (rr) Money received by the commissioner of safety under RSA 263:56-d, which shall be credited to the default bench warrant fund.
       (ss) [Repealed.]
       (tt) Moneys received from the town clerk under RSA 126:13, II, and by the department of health and human services under RSA 126:15, II, which shall be credited to the vital records improvement fund established in RSA 126:31.
       (uu) Moneys received under RSA 126-A:5, X, which shall be credited to the commissioner, department of health and human services.
       (vv) Moneys received under RSA 106-H which shall be credited to the enhanced 911 system fund established in RSA 106-H:9.
       (ww) The fees collected by the secretary of state under RSA 660:1 which shall be credited to the recount administrative account established under RSA 660:31.
       (xx) Moneys received under RSA 233-A:13 and RSA 270-E:5, II(d) which shall be credited to the statewide public boat access fund established in RSA 233-A:13.
       (yy) Moneys received by the department of agriculture, markets, and food under RSA 466:9 which shall be credited to the fund established in RSA 466:9, II.
       (zz) One-half the registration fees collected under RSA 435:20 and all fees collected under RSA 433-A:6, which shall be credited to the agricultural product and scale testing fund, established under RSA 435:20, IV.
       (aaa) Money received under RSA 146-C:12, II which shall be credited to the leaking underground storage tank cost recovery fund established in RSA 146-C:12, II.
       (bbb) Moneys received by the department of resources and economic development for the forest management and protection fund established under RSA 227-G:5.
       (ccc) Moneys received under RSA 436:112, which shall be credited to the CEM fund.
       (ddd) Moneys received from the fuel oil discharge cleanup fund established in RSA 146-E:3.
       (eee) Moneys received under RSA 126-H, which shall be credited to the healthy kids fund established in RSA 126-H:7.
       (fff) Moneys collected under RSA 281-A:64, VIII which shall be credited to the workers' compensation safety inspection fund established in RSA 281-A:64, IX.
       (ggg) [Repealed.]
       (hhh) The fees collected under RSA 130-A, which shall be credited to the lead poisoning prevention fund established in RSA 130-A:15.
       (iii) Money received under RSA 21-J:24-a, which shall be credited to the revolving fund established for municipal officers and employees education and training.
       (jjj) Moneys received under RSA 421-B:26, I, II and III, which shall be credited to the investor education fund established in RSA 421-B:26, IV.
       (kkk) Moneys received under RSA 4:9-b for the design, construction and maintenance of a law enforcement memorial, which shall be credited to the special account established in that section.

[Paragraph I(lll) repealed by 1995, 282:13, I, eff. Jan. 1, 2003.]

       (lll) Moneys received under RSA 146-F:3, which shall be credited to the motor oil discharge cleanup fund.
       (mmm) Moneys deposited in the motor vehicle industry board fund established in RSA 357-C:12.
       (nnn) [Repealed.]
       (ooo) Moneys received pursuant to RSA 651:63, V designated for the department of corrections shall be deposited into an account to fund the operating appropriation of the division of field services, department of corrections. Unexpended account balances in excess of $50,000 at the end of any fiscal year shall lapse to the general fund.
       (ppp) Moneys deposited in the navigation safety fund established in RSA 270-E:6-a.
       (qqq) Moneys received under RSA 466:4, I(c), RSA 466:6, III, and RSA 437-A which shall be credited to the companion animal neutering fund, established in RSA 437-A:4-a.
       (rrr) The designated portion of moneys received under RSA 261:97-a, which shall be credited to the conservation number plate trust fund established in RSA 261:97-b.

[Paragraph I(sss) repealed by 2000, 56:4, I, eff. July 1, 2003.]

       (sss) Moneys deposited in the Skyhaven airport maintenance and operations fund established in RSA 422:39.
       (ttt) Money received under RSA 485-A:4, XVI-c, which shall be deposited in the sampling and analysis of sludge or biosolids samples fund.
       (uuu) Moneys collected pursuant to RSA 430:50, II which shall be deposited in the integrated pest management fund.
       (vvv) Moneys deposited in the harbor dredging and pier maintenance fund established in RSA 12-G:46.
       (www) Money received under 77-A, RSA 77-E, RSA 78, RSA 78-A, RSA 78-B, RSA 83-F, RSA 198:46, and from the sweepstakes fund, which shall be credited to the education trust fund under RSA 198:39.
       (xxx) Moneys received under RSA 433-B:2 and 433-B:3, which shall be deposited in the ginseng regulation fund established in RSA 433-B:4.
       (yyy) Moneys received under RSA 126-K:15, which shall be credited to the tobacco use prevention fund.
       (zzz) Moneys collected pursuant to RSA 227-C:28, which shall be deposited in the barn preservation fund.
       (aaaa) Moneys received by the department of environmental services under RSA 125-J:13, II, which shall be credited to the nitrogen oxide emissions reduction fund.

[Paragraph 1(bbbb) repealed by 2000, 111:3, eff. January 1, 2015.]

       (bbbb) Money received under RSA 21-K:21 which shall be credited to the Civil War memorials fund established in RSA 21-K:22.
       (cccc) Funds received pursuant to RSA 6:12-b, which shall be maintained pursuant to the provisions of RSA 6:12-b.
       (dddd) Moneys deposited in the alcohol abuse prevention and treatment fund established in RSA 176-A:1.
       (eeee) Moneys deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
       (ffff) Moneys deposited in the training fund established by RSA 282-A:138-a.
       (gggg) Moneys received for deposit in the travel and tourism development fund established by RSA 12-A:43-a, I.
       (hhhh) Moneys collected pursuant to RSA 430:31-b, II which shall be deposited in the pesticides training program fund.
       (iiii) Moneys deposited in the gasoline remediation and elimination of ethers fund established in RSA 146-G:4.
       (jjjj) Moneys deposited in the land conservation investment program trust fund under RSA 162-C:10.
       (kkkk) Moneys deposited in the publications revolving fund under RSA 4-C:9-a.
       (llll) Moneys deposited in the historical fund under RSA 177:8.

[Paragraph I(mmmm) effective until July 1, 2003; see also Paragraph I(mmmm) set forth below.]

(mmmm) Moneys deposited in the guardian ad litem fund under RSA 458:17-b.

[Paragraph I(mmmm) effective July 1, 2003; see also Paragraph I(mmmm) set forth above.]

       (mmmm) Moneys deposited in the mediator and guardian ad litem fund under RSA 458:17-b.
       (nnnn) Moneys deposited in the court facilities escrow fund under RSA 490:26-c.
       (oooo) Moneys deposited in the court modernization fund under RSA 502-A:37.
       (pppp) Moneys deposited in the judicial branch salary adjustment fund under RSA 491-A:2.
       (qqqq) Moneys deposited in the law library revolving fund under RSA 490:25.
       (rrrr) Moneys deposited in the supreme court publications and materials revolving fund under RSA 490:18-a.
       (ssss) Moneys deposited in the New Hampshire national guard recruitment and retention scholarship fund under RSA 110-B:60.
       (tttt) Moneys deposited in the Pease Development Authority Airport Fund under RSA 12-G:36.
       (uuuu) Moneys deposited in the audit set aside fund under RSA 124:18.
       (vvvv) Moneys deposited in the salary adjustment fund under RSA 99:4.
       (wwww) Moneys deposited in the state and municipal employee personnel education and training fund under RSA 21-I:42, XVII.
       (xxxx) Moneys deposited in the surplus distribution section administrative assessments fund under RSA 21-I:11, VIII(b).
       (yyyy) Moneys deposited in the eastern states exposition building fund under RSA 425:18.
       (zzzz) Moneys deposited in the pesticides control fund under RSA 430:34, V.
       (aaaaa) Moneys deposited in the special account for agriculture development rights under RSA 432:30, I.
       (bbbbb) Moneys deposited in the driver training fund under RSA 263:52.
       (ccccc) Moneys deposited in the insurance administration fund under RSA 400-A:39.
       (ddddd) Moneys deposited in the contingent fund under RSA 282-A:140.
       (eeeee) Moneys deposited in the unemployment compensation and employment service administration fund under RSA 282-A:138.
       (fffff) Moneys deposited in the unemployment compensation fund under RSA 282-A:103.
       (ggggg) Moneys deposited in the automated information system account under RSA 201-A:19, II.
       (hhhhh) Moneys deposited in the damaged and lost book account under RSA 201-A:19, I.
       (iiiii) Moneys deposited in the state art fund under RSA 19-A:9.
       (jjjjj) Moneys deposited in the Cannon Mountain capital improvement fund under RSA 12-A:29-c.
       (kkkkk) Moneys deposited in the Hampton Beach parking meter fund under RSA 216:3, II.
       (lllll) Moneys deposited in the international trade promotion fund under RSA 12-A:31.
       (mmmmm) Moneys deposited in the mining and reclamation fund under RSA 12-E:8, III.
       (nnnnn) Moneys deposited in the Mount Washington fund under RSA 227-B:9.
       (ooooo) Moneys deposited in the New Hampshire economic development fund under RSA 12-A:2-e.
       (ppppp) Moneys deposited in the OHRV fund under RSA 215-A:3, VII.
       (qqqqq) Moneys deposited in the travel and tourism revolving fund under RSA 12-A:15-a.
       (rrrrr) Moneys deposited in the abandoned property revolving fund under RSA 471-A:20, established in 1965, 214:9 and repealed in 1986, 204:2.
       (sssss) Moneys deposited in the firemen's relief fund under RSA 402:66.
       (ttttt) Moneys deposited in the health care fund under RSA 167:70.
       (uuuuu) Moneys deposited in the New Hampshire excellence in higher education endowment trust fund under RSA 6:38.
       (vvvvv) Moneys deposited in the trust fund for the New Hampshire land and community heritage investment trust program under RSA 227-M:7.
       (wwwww) Moneys deposited in the nuclear decommissioning financing committee account under RSA 162-F:18.
       (xxxxx) Moneys deposited in the nuclear decommissioning financing fund under RSA 162-F:19.
       (yyyyy) Moneys deposited in the revenue stabilization reserve account under RSA 9:13-e, II.
       (zzzzz) Moneys deposited in the children's benefit fund under RSA 621:30, I.
       (aaaaaa) Moneys deposited in the resident personal funds fund under RSA 621:30, II.
       (bbbbbb) Moneys deposited in the special projects fund under RSA 621:30, III.
       (cccccc) Moneys deposited in the certificate program fund under RSA 332-E:4, III.
       (dddddd) Moneys deposited in the environmental services education and training assistance fund under RSA 21-O:1-a.
       (eeeeee) Moneys deposited in the lab equipment and replacement fund under RSA 131:3-a.
       (ffffff) Moneys deposited in the lake restoration and preservation fund under RSA 487:25.
       (gggggg) Moneys deposited in the oil discharge and disposal cleanup fund under RSA 146-D:3.
       (hhhhhh) Moneys deposited in the oil pollution control fund under RSA 146-A:11-a.
       (iiiiii) Moneys deposited in the pollution prevention revolving fund under RSA 21-O:22.
       (jjjjjj) Moneys deposited in the water pollution control and drinking water revolving loan fund under RSA 486:14.
       (kkkkkk) Moneys deposited in the wetlands review fund under RSA 482-A:3, III.
       (llllll) Moneys deposited in the water pollution control facilities' replacement fund under RSA 485-A:51.
       (mmmmmm) Moneys deposited in the long-term care assistance fund under RSA 167:94.
       (nnnnnn) Moneys deposited in the Benjamin Thompson trust fund under RSA 11:6.
       (oooooo) Moneys deposited in the university system of New Hampshire fund under RSA 187-A:7.
       (pppppp) Moneys deposited in the department of education printed materials revolving fund under RSA 186:13, XII.
       (qqqqqq) Moneys deposited in the sign language interpreter's certification revolving fund under RSA 200-C:20-a.
       (rrrrrr) Moneys deposited in the Nesmith Trust Fund under RSA 186-B:8.
       (ssssss) Moneys deposited in the special teacher competence fund under RSA 186:7-a.
       (tttttt) Moneys deposited in the postsecondary education scholarship loan fund under RSA 188-D:18.
       (uuuuuu) Moneys deposited in the New Hampshire technical institute student activity center fund under 1995, 52:1.
       (vvvvvv) Moneys deposited in the consumer credit administration license fund under RSA 399-A:13.
       (wwwwww) Moneys deposited in the New Hampshire emergency response and recovery fund under RSA 107-C:15.
       (xxxxxx) Moneys deposited in the asbestos management and control funds maintained by the department of environmental services and the department of health and human services under RSA 141-E:12.
       (yyyyyy) Moneys deposited in the catastrophic illness program fund under RSA 137-G:4.
       (zzzzzz) Moneys deposited in the vital records user fee fund under RSA 126:30.
       (aaaaaaa) Moneys deposited in the 7-day multiple DWI offender intervention detention center program account under RSA 172-B:2-c.
       (bbbbbbb) Moneys deposited in the aeronautics maintenance and operations fund under RSA 422:6.
       (ccccccc) Moneys deposited in the class III railroad and cog railroad capital rail line rehabilitation and equipment revolving loan fund under RSA 228:66-a.
       (ddddddd) Moneys deposited in the rural airport capital revolving loan fund under RSA 423:11.
       (eeeeeee) Moneys deposited in the special railroad fund under RSA 228:68.
       (fffffff) Moneys deposited in the department of safety inventory fund under RSA 228:25.
       (ggggggg) Moneys deposited in the Cheshire bridge toll account under 1988, 251:4-a, as inserted by 1991, 318:5 and amended by 2000, 69:2.
       (hhhhhhh) Moneys deposited in the equipment inventory fund under RSA 228:24-b.
       (iiiiiii) Moneys deposited in the highway and bridge betterment account under RSA 235:23-a.
       (jjjjjjj) Moneys deposited in the Maine-New Hampshire Interstate Bridge Authority trust fund under RSA 234:52.
       (kkkkkkk) Moneys deposited in the motor fuel inventory fund under RSA 228:24-a.
       (lllllll) Moneys deposited in the turnpike system revenue and reserve accounts under the November 9, 1987 bond resolution.
       (mmmmmmm) Moneys deposited in the bear management fund under RSA 208:24, IV.
       (nnnnnnn) Moneys deposited in the fish and game search and rescue fund under RSA 206:42.
       (ooooooo) Moneys deposited in the moose management fund under RSA 208:1-a, III.
       (ppppppp) Moneys deposited in the nongame species account under RSA 212-B:6.
       (qqqqqqq) Moneys deposited in the prepaid fish and game license fund under RSA 214:9-c, IV.
       (rrrrrrr) Moneys deposited in the publications, specialty items and fund raising revolving fund under RSA 206:22-a.
       (sssssss) Moneys deposited in the waterfowl conservation account under RSA 214:1-d, II.
       (ttttttt) Moneys deposited in the member annuity savings fund and the state annuity accumulation fund under RSA 100-A:16.
       (uuuuuuu) Funds received pursuant to RSA 6:12-c, which shall be maintained under the terms of the referenced trust or agency fund.
       (vvvvvvv) Funds received pursuant to RSA 6:12-d, which shall be maintained under the terms of the referenced custodial or escrow account.
       (wwwwwww) Moneys deposited in the municipal and regional training fund under RSA 4-C:9-a, II.
       (xxxxxxx) Moneys deposited in the criminal records check account under RSA 106-B:7, II.
       (yyyyyyy) Moneys deposited in the air resources fund under RSA 125-C:12, V.
       (zzzzzzz) Moneys deposited in the Christa McAuliffe planetarium fund under RSA 12-L:10.
       (aaaaaaaa) Moneys deposited in the brownfields cleanup revolving loan fund under RSA 147-F:20.
       (bbbbbbbb) Moneys deposited in the dependent children support enforcement administrative expense account under RSA 161-C:25.
       (cccccccc) Moneys deposited in the alcoholism and alcohol abuse account under RSA 172-B:2-a.
       (dddddddd) Moneys deposited in the nursing leveraged scholarship loan fund under RSA 188-D:18-e, V.
       (eeeeeeee) Moneys deposited in the bookstore account under RSA 188-F:19.
       (ffffffff) Moneys deposited in the school building authority account under RSA 195-C:1.
       (gggggggg) Moneys deposited in the state library donations and gifts fund under RSA 201-A:10, I.
       (hhhhhhhh) Moneys deposited in the pheasant stamp account under RSA 206:35-a.
       (iiiiiiii) Moneys deposited in the wild turkey license or permit account under RSA 206:35-b.
       (jjjjjjjj) Moneys deposited in the fish food sales revenue account under RSA 206:35-c.
       (kkkkkkkk) Moneys deposited in the wildlife protection account under RSA 206:41.
       (llllllll) Moneys deposited in the operation game thief account under RSA 207:62.
       (mmmmmmmm) Moneys deposited in the raptor conservation account under RSA 209-A:3.
       (nnnnnnnn) Moneys deposited in the wildlife habitat account under RSA 214:1-f, V.
       (oooooooo) Moneys deposited in the fisheries habitat account under RSA 214:1-g, II.
       (pppppppp) Moneys deposited in the super sporting license account for wildlife under RSA 214:7-c, IV(a).
       (qqqqqqqq) Moneys deposited in the super sporting license account for fisheries under RSA 214:7-c, IV(b).
       (rrrrrrrr) Moneys deposited in the supply depot inventory account under RSA 219:21.
       (ssssssss) Moneys deposited in the disabled person's employment fund under RSA 21-I:44-f.
       (tttttttt) Moneys deposited in the land and community heritage investment program administrative fund under RSA 227-M:7-a.
       (uuuuuuuu) Moneys deposited in the highway surplus account under RSA 228:11.
       (vvvvvvvv) Moneys deposited in the public works and highway inventory fund under RSA 228:24.
       (wwwwwwww) Moneys deposited in the municipal maintenance and repair special account under RSA 228:49, II.
       (xxxxxxxx) Moneys deposited in the eastern New Hampshire turnpike toll account under RSA 237:24.
       (yyyyyyyy) Moneys deposited in the central New Hampshire turnpike toll account under RSA 237:40.
       (zzzzzzzz) Moneys deposited in the turnpike renewal and replacement account under RSA 237:49-a.
       (aaaaaaaaa) Moneys deposited in the turnpike system toll account under RSA 237:9.
       (bbbbbbbbb) Moneys deposited in the tri-state lotto prize account under RSA 287-F:9.
       (ccccccccc) Moneys deposited in the electricians' board account under RSA 319-C:11.
       (ddddddddd) Moneys deposited in the plumbers board account under RSA 329-A:6.
       (eeeeeeeee) Moneys deposited in the meat inspection account under RSA 427:32.
       (fffffffff) Moneys deposited in the poultry inspection account under RSA 428:8.
       (ggggggggg) Moneys deposited in the default fund under RSA 597:38-a.
       (hhhhhhhhh) Moneys deposited in the industries inventory account under RSA 622:28-a.
       (iiiiiiiii) Moneys deposited in the employee benefit adjustment account under RSA 9:17-c.
       (jjjjjjjjj) Moneys deposited in the substance abuse treatment fund under RSA 172:14.
       (kkkkkkkkk) Moneys received pursuant to RSA 5:48, which shall be credited to the New Hampshire local government records management improvement fund established in RSA 5:48.

Section 6:24-a

6:24-a Sinking Fund. – [Repealed 1959, 181:2, eff. July 9, 1959.] Section 6:25 Audit of Bonds and Coupons.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Audit of Treasurer's Accounts, etc.

Section 6:25

6:25 Audit of Bonds and Coupons. – [Repealed 1973, 144:6, II, eff. July 21, 1973.] Section 6:26 Audit of Accounts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Audit of Treasurer's Accounts, etc.

Section 6:26

6:26 Audit of Accounts. – The legislative budget assistant shall audit the accounts of the state treasurer as provided in RSA 14:31, II.

Source. RL 22:26. 1950, 5, part 6:1, par. 12(XI). 1953, 121:2.

Section 6:27 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Audit of Treasurer's Accounts, etc.

Section 6:27

6:27 Reports. – [Repealed 1973, 144:6, II, eff. July 21, 1973.] Section 6:28 Appointment; Removal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Assistant State Treasurers

Section 6:28

6:28 Appointment; Removal. – The state treasurer may appoint 2 assistant state treasurers who shall hold office during good behavior. The governor and council may remove an assistant for cause as they may remove the treasurer.

Source. 1982, 42:51. 1993, 242:2, eff. July 1, 1993.

Section 6:29 Oath; Bond.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Assistant State Treasurers

Section 6:29

6:29 Oath; Bond. – Before entering upon the duties of the office, an assistant state treasurer shall be sworn and shall give bond to the state in the sum of $40,000, with sufficient sureties to be approved by the governor and council, conditioned on the faithful discharge of the duties of the office. The bond shall be filed and preserved in the office of the secretary of state.

Source. 1982, 42:51. 1993, 242:2, eff. July 1, 1993.

Section 6:30 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Assistant State Treasurers

Section 6:30

6:30 Duties. – Assistant state treasurers shall perform such duties as may be assigned to them by the state treasurer. During the absence or disability of the treasurer and deputy treasurer they shall perform all the duties of the office of state treasurer.

Source. 1982, 42:51. 1993, 242:2, eff. July 1, 1993.

Section 6:31 Salary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Assistant State Treasurers

Section 6:31

6:31 Salary. – The annual salary of an assistant state treasurer shall be that established by RSA 94:1-a.

Source. 1982, 42:51. 1993, 242:2, eff. July 1, 1993.

Section 6:32 Annual Review; Principles.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Investment of State Funds in Northern Ireland

Section 6:32

    6:32 Annual Review; Principles. – By January 1 of each year, the treasurer shall compile a list of corporations that, directly or through a subsidiary, do business in Northern Ireland and in whose stocks or obligations the treasurer has invested and shall determine whether such corporation has taken substantial action to achieve the following goals, known as the MacBride principles:
    I. Increasing the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs.
    II. Adequate security for the protection of minority employees at the workplace and while traveling to and from work.
    III. The banning of provocative religious or political emblems from the workplace.
    IV. All job openings shall be publicly advertised and special recruitment efforts shall be made to attract applicants from underrepresented religious groups.
    V. Layoff, recall and termination procedures shall not in practice favor particular religious groups.
    VI. The abolition of job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion or ethnic origin.
    VII. The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of minority employees.
    VIII. The establishment of procedures to assess, identify and actively recruit minority employees with potential for further advancement.
    IX. The appointment of a senior management staff member to oversee the company's affirmative action efforts and the setting up of timetables to carry out affirmative action principles.

Source. 1989, 46:1, eff. June 16, 1989.

Section 6:33 Encouragement of Use of Principles.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Investment of State Funds in Northern Ireland

Section 6:33

6:33 Encouragement of Use of Principles. – Whenever feasible, the treasurer shall sponsor, cosponsor or support shareholder resolutions designed to encourage corporations doing business in Northern Ireland in which the treasurer has invested to adopt and implement the MacBride principles.

Source. 1989, 46:1, eff. June 16, 1989.

Section 6:34 Future Investments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Investment of State Funds in Northern Ireland

Section 6:34

6:34 Future Investments. – Consistent with sound investment policy and prudent fiduciary standards, the treasurer shall, with respect to state funds available for future investment in corporations doing business in Northern Ireland, invest such funds in corporations conducting their operations in Northern Ireland in accordance with the MacBride principles and fair employment practices.

Source. 1989. 46:1, eff. June 16, 1989.

Section 6:35 State Leases.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Leases

Section 6:35

6:35 State Leases. – The 10-year limitation does not apply to leases for state facility energy cost reduction projects pursuant to RSA 21-I:19-a through RSA 21-I:19-e, which shall be subject to the term limitation applicable to energy performance contracts, as defined therein. The treasurer, with the approval of the governor and council, may enter into leases of equipment at the request of any state agency or department for a term not exceeding 10 years. For purposes of this section "leases'' shall include lease-purchase, sale and lease back, installment sale, or other similar agreements to acquire such equipment from time to time for various agencies or departments; provided that funding for such equipment leases was specifically approved by the legislature in a budget. Payment obligations under any lease entered into under this section shall be subject to annual appropriation and shall not be treated as debt obligations of the state. The treasurer may execute any related documents, including any document creating or confirming any security interest retained by the seller or lessor of the equipment.

Source. 1996, 1:1, eff. April 12, 1996. 2000, 276:8, eff. June 16, 2000.

Section 6:36 Federal Tax Information Returns.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Leases

Section 6:36

6:36 Federal Tax Information Returns. – Any information return for tax-exempt governmental obligations to be filed with the United States Internal Revenue Service, by or on behalf of the state or any state agency or department resulting from a lease entered into under RSA 6:35, shall first be submitted to the state treasurer for review and execution. This section shall not apply to any return filed for a state authority, political subdivision, or other separate body politic and corporate created by state law.

Source. 1996, 1:1, eff. April 12, 1996.

Section 6:37 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:37

    6:37 Definitions. – In this subdivision:
    I. "Commission'' means the New Hampshire college tuition savings plan advisory commission established in RSA 195-H.
    II. "Eligible educational institution'' means that which is defined in section 529 of the Internal Revenue Code, as amended.
    III. "Trust fund'' means the New Hampshire excellence in higher education endowment trust fund as established in this chapter.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:38 New Hampshire Excellence in Higher Education Endowment Trust Fund Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:38

    6:38 New Hampshire Excellence in Higher Education Endowment Trust Fund Established. –
    I. There is hereby established in the office of the treasurer the New Hampshire excellence in higher education endowment trust fund which shall be kept distinct and separate from all other funds. Annual administrative fees less any annual administrative costs received from the New Hampshire college tuition savings plan established under RSA 195-H shall be credited to the trust fund to provide scholarships for the benefit of residents of the state pursuing programs of study at eligible educational institutions within the state.
    II. The state treasurer shall be the trustee of the trust fund established in this chapter, and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund.
    III. All moneys in the trust fund shall be nonlapsing and shall be continually appropriated to the commission for purposes of providing education scholarships under this subdivision.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:39 Administration.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:39

    6:39 Administration. –
    I. The trust fund shall be administered by the New Hampshire college tuition savings plan advisory commission established in RSA 195-H:2.
    II. The commission shall have the authority to institute promotional programs and to solicit and receive gifts or donations of any kind for the purpose of supporting educational scholarships within the trust fund. Notwithstanding any provision of law to the contrary, the commission may accept gifts to the trust fund including, but not limited to, cash gifts and real or personal property, without the approval of the governor and council.
    III. All gifts, grants, and donations of any kind shall be credited to the trust fund.
    IV. The commission may enter into agreements with existing departments or agencies, as it deems necessary, to administer the scholarship application, qualification, and award process.
    V. No more than one percent of the total amount of scholarships awarded from the trust fund in any fiscal year shall be used for administrative expenses, except upon approval of the commission.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:40 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:40

    6:40 Rulemaking. – The commission shall adopt rules, pursuant to RSA 541-A, relative to:
    I. Establishing minimum qualifications of scholarship applicants.
    II. Instituting a scholarship application process, which includes but is not limited to requiring that all applicants complete a formal scholarship application on appropriate forms to be developed by the commission and time frames for the application process.
    III. Procedures for awarding and disbursing scholarships.
    IV. Procedures for determining the amount of funds available to provide annual scholarships through the trust fund.
    V. Any other issue which the commission deems relevant to the implementation and administration of the scholarship program.
    VI. Requiring disclosure regarding any administrative fees, or portion thereof, which are or may be returned to the trust fund.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:41 Scholarships; Eligibility.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:41

    6:41 Scholarships; Eligibility. –
    I. The commission shall determine all scholarship awards in a fair and equitable manner to eligible residents of this state who have satisfactorily met the minimum qualifications established by the commission. Scholarships shall be granted on the basis of merit and need.
    II. All scholarships awarded by the commission under this subdivision shall be for the period of one academic year and in specified amounts of not less than $100 per academic year within the limits established by the commission.
    III. No scholarship shall be in excess of the tuition assessed to the student for the academic period in which the scholarship is received.
    IV. No person to whom a scholarship is awarded shall be restricted as to the choice of institutions or programs within the state provided the institution selected by the student is an eligible educational institution. Scholarships may be used at public or private institutions by full-time or part-time students enrolled in undergraduate or graduate level programs.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:42 Certification of Available Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:42

6:42 Certification of Available Funds. – By April 1 of each year, the commission shall determine the funding level available for scholarships for the next academic year and shall certify such amount to the state treasurer. Funds available to provide scholarships shall be from the appreciated gains and earnings on the trust fund.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6:43 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

New Hampshire Excellence in Higher Education Endowment Fund

Section 6:43

6:43 Report. – By November 1 of each year, the commission shall prepare a report regarding the status of the trust fund. Such report shall be submitted to the president of the senate, the speaker of the house, the governor, and the state library, and shall be posted to the "Webster'' state government Internet site.

Source. 1999, 328:1, eff. Oct. 14, 1999.

Section 6-A:1 State Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:1

6-A:1 State Bonds. – This chapter shall apply to all bonds of the state authorized by the legislature at its January, 1967, session and enacted after the passage hereof or at any subsequent session, unless otherwise provided in the authorizing acts.

Section 6-C:2

    6-C:2 Affordable Debt Limit. –
    I. The general court shall not authorize any additional net tax supported debt of the state if the projected annual debt service, as certified by the treasurer and filed with the legislative budget assistant, on such additional net tax supported debt, when added to the prior projected and actual annual debt service on any previously authorized net tax supported debt, both issued and unissued, exceeds 10 percent of the unrestricted general fund revenues for the previous fiscal year.
    II. The general court may only exceed the ceiling in paragraph I by a 3/5 vote of each house present and voting. Such 3/5 vote shall only apply to votes on final passage and adoption of committee of conference reports.

Source. 1991, 335:1; 1992, 289:62, eff. June 17, 1992.

Section 7:1 Appointment; Attorney General and Deputy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

The Attorney General

Section 7:1

7:1 Appointment; Attorney General and Deputy. – The attorney general and deputy attorney general shall be appointed as provided in RSA 21-M:3.

Source. Const. II, 46. RSA 13:2. CS 13:1. GS 15:1. GL 16:1. PS 17:1. PL 16:1. RL 24:1. 1943, 39:6. RSA 7:1. 1985, 300:9.

Section 7:2 Deputy Attorney General; Appointment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

The Attorney General

Section 7:2

7:2 Deputy Attorney General; Appointment. – [Repealed 1985, 300:29, I, eff. Jan. 1, 1986.] Section 7:3 Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

The Attorney General

Section 7:3

7:3 Authority. – The deputy attorney general shall act as attorney general whenever the latter is absent or unable to act from any cause, or whenever there is a vacancy in the office, provided he shall not so act when the governor and council have appointed an acting attorney general in accordance with the provisions of RSA 7:15.

Source. PS 286:13. 1911, 190:8. 1921, 118:1. 1925, 181:1. PL 16:4. 1941, 20:1. RL 24:4. 1950, 5, part 5:4. 1953, 265:1. RSA 7:3. 1971, 134:1, eff. July 20, 1971.

Section 7:4 Salary of Attorney General and Deputy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

The Attorney General

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

The Attorney General

Section 7:15

7:15 Incapacity. – If the attorney general shall become incapacitated to perform his duties, the governor and council shall appoint an acting attorney general, who shall serve during such incapacity and be paid a reasonable compensation for his services and expenses.

Source. 1911, 190:7. PL 16:13. RL 24:13.

Section 7:16 Assistant Attorneys General.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Assistant Attorneys General

Section 7:16

    7:16 Assistant Attorneys General. –
    I. The attorney general, subject to the approval of the governor and council, may appoint assistant attorneys general within the limits of the appropriation made for the department of justice, each of whom shall hold office for a term of 5 years and may be removed only as provided under RSA 4:1. Any vacancy in such office may be filled for the unexpired term.
    II. Associate attorneys general and senior assistant attorneys general appointed under RSA 21-M:3, shall serve as such at the pleasure of the attorney general.

Source. 1915, 116:1. PL 16:14. RL 24:14. 1950, 5, part 5:2, par. 15. RSA 7:16. 1957, 315:1. 1963, 209:1. 1967, 413:1. 1970, 19:2; 55:2. 1972, 60:43. 1973, 376:68. 1974, 40:97. 1975, 505:12. 1977, 600:48. 1979, 434:100. 1981, 568:22. 1985, 300:10; 410:4, eff. July 3, 1985.

Section 7:16-a Temporary Classification.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Assistant Attorneys General

Section 7:16-a

    7:16-a Temporary Classification. –
    I. In the event of a vacancy in the office of assistant attorney general, the attorney general may downgrade such office to the position of attorney I, II or III in his discretion for the purpose of filling the same with a person lacking sufficient experience to qualify for the office of assistant attorney general. Said position, when downgraded, shall entitle the person holding the same to all the rights and privileges of the classified state system except that the persons holding the same shall serve at the pleasure of the attorney general; and provided, that no later than the expiration of 3 years from the initial date of employment, the person holding such position shall either be nominated and confirmed in the office of assistant attorney general as provided in RSA 7:16 for the unexpired term or shall be discharged. In the event that said person is discharged, the attorney general may fill the vacancy in the office of assistant attorney general for the unexpired term as provided in RSA 7:16 or may again downgrade the position to attorney I, II, or III.
    II. The attorney general may designate up to 3 full-time unclassified assistant attorneys general positions as temporary, part-time positions, provided such positions are vacant at the time of such designation. For the duration of the designation of such positions the attorney general, with the approval of the governor and council, may hire attorneys as part-time assistant attorneys general, provided that the per diem compensation of such employees shall not exceed the maximum equivalent per diem compensation of an assistant attorney general pursuant to RSA 94:1-a. The attorney general may employ part-time assistant attorneys general up to the limit of funds available for the full-time positions designated by the attorney general for part-time employment. A part-time assistant attorney general shall be governed by the same terms and conditions of employment as a full-time assistant attorney general, including the prohibition of the private practice of law under RSA 7:6-d, except that a part-time assistant attorney general shall serve at the pleasure of the attorney general.
    III. For the duration of the temporary part-time positions designated under paragraph II of this section, the funds that would have been paid for benefits for the designated full-time positions, with the exception of social security benefits, shall be paid into the general fund of this state.

Source. 1971, 440:1. 1988, 258:1. 1994, 179:1, eff. July 22, 1994.

Section 7:17 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Assistant Attorneys General

Section 7:17

7:17 Duties. – The attorney general shall direct the work of his department but may assign such of his duties to the deputy and assistant attorneys general as he may deem advisable and in the interest of the public welfare.

Source. 1915, 116:3. PL 16:16. RL 24:16. 1950, 5, part 5:2, par. 16, eff. June 30, 1950.

Section 7:18 Salary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Assistant Attorneys General

Section 7:18

7:18 Salary. – The annual salary of each assistant attorney general, senior assistant attorney general and associate attorney general shall be that prescribed by RSA 94:1-a.

Source. 1953, 265:1. RSA 7:18. 1985, 410:5, eff. July 3, 1985.

Section 7:18-d, 7:18-e Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Unemployment Compensation

Section 7:36

7:36 Expenses; Payment. – The county attorneys are entitled to their actual expenses incurred in the discharge of their official duties. They shall be paid monthly for their salaries and expenses. They shall submit their expense accounts to a justice of the superior court for his approval before the accounts may be paid.

Source. 1915, 141:1, 2. 1921, 69:1. PL 16:21. RL 24:21. RSA 7:36. 1965, 364:2. 1969, 205:1, eff. Aug. 4, 1969.

Section 7:37 Report of Attorney General.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Reports

Section 7:37

7:37 Report of Attorney General. – The attorney general shall, on or before December 1 of each odd numbered year, file a report with the governor and council of his official acts and of all money received and the disposition made thereof by him during the preceding 2 years, and containing such statistics and other information concerning crimes and misdemeanors, and such recommendations with reference to their prevention and punishment, as in his judgment the public good requires. He shall include in each report copies of all opinions given by him during the period covered by the report; provided that he shall not be required to include any opinion the publication of which he deems detrimental to the public good. He shall report particularly as to any neglect of duty on the part of county attorneys and other officers charged with the enforcement of the criminal laws. When counsel are employed under the provisions of RSA 7:12, the attorney general shall report such employment, with the reason therefor, and an itemized account of the expense thereof.

Source. RS 13:9. CS 13:9. GS 15:9. GL 16:9. PS 17:7. 1911, 190:3, 5. PL 16:22. RL 24:22. RSA 7:37. 1973, 140:30. 1985, 300:11, eff. Jan. 1, 1986.

Section 7:38 Of County Attorneys.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Reports

Section 7:38

7:38 Of County Attorneys. – The county attorneys shall include in their annual reports full statistics regarding crimes and misdemeanors committed in their respective counties and such recommendations as in their judgment the public good requires.

Source. PS 17:8. PL 16:24. RL 24:24.

Section 7:39 To County Commissioners.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Reports

Section 7:39

7:39 To County Commissioners. – The county attorney at the close of each term of court shall transmit to the county commissioners a list of all civil actions pending at the term in favor of or against the county, with the names of the parties, the nature and amount of the claims and the progress made in each case; and for neglect to make such return he shall be fined $20.

Source. 1865, 4077:6. GS 24:16. GL 25:16. PS 17:9. PL 16:25. RL 24:25.

Section 7:40 Statistical Analysis Center.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Statistical Analysis

Section 7:40

7:40 Statistical Analysis Center. – There shall be a statistical analysis center under the supervision of the attorney general. The center shall provide complete, accurate, and current criminal and juvenile justice statistics to public officials and law enforcement operational, managerial, and planning personnel. The attorney general shall oversee and coordinate the work of the center in maintaining, coordinating, and improving the state criminal and juvenile justice statistics system; analyzing and publishing criminal justice data; and supervising the management and administrative statistics program.

Source. 1979, 495:5. 1981, 553:8. 1985, 300:12.

Section 7:41 Findings and Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:41

7:41 Findings and Purpose. – The legislature finds that persons attempting to escape from actual or threatened domestic violence, stalking, or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this program is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, stalking, or sexual assault, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, stalking, or sexual assault, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:42 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:42

    7:42 Definitions. – As used in this subdivision:
    I. "Address'' means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this subdivision.
    II. "Program participant'' means a person certified as a program participant under RSA 7:43.
    III. "Domestic violence'' means an act as defined in RSA 173-B and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
    IV. "Sexual assault'' means an act as defined in RSA 632-A.
    V. "Stalking'' means an act as defined in RSA 633:3-a.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:43 Address Confidentiality Program.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:43

    7:43 Address Confidentiality Program. –
    I. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the attorney general to have an address designated by the attorney general serve as the person's address or the address of the minor or incapacitated person. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general and if it contains:
       (a) A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, or sexual assault; and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;
       (b) A designation of the attorney general as agent for purposes of service of process and for the purpose of receipt of mail;
       (c) The mailing address where the applicant can be contacted by the attorney general, and the phone number or numbers where the applicant can be called by the attorney general;
       (d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, stalking, or sexual assault; and
       (e) The signature of the applicant and the date on which the applicant signed the application.
    II. Applications shall be filed with the attorney general.
    III. Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date.
    IV. A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be guilty of a class B misdemeanor.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:44 Certification Cancellation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:44

    7:44 Certification Cancellation. –
    I. If the program participant obtains a name change, he or she loses certification as a program participant and may immediately reapply for certification under his or her new name.
    II. The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general notice of the change of address within 7 days.
    III. The attorney general may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.
    IV. The attorney general shall cancel certification of a program participant who applies using false information.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:45 Agency Use of Designated Address.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:45

    7:45 Agency Use of Designated Address. –
    I. A program participant may request that state and local agencies use the address designated by the attorney general as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general had determined that:
       (a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this subdivision; and
       (b) This address will be used only for those statutory and administrative purposes.
    II. A program participant may use the address designated by the attorney general as his or her work address.
    III. The attorney general shall forward all first class mail to the appropriate program participants.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:46 Voting by Program Participants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:46

    7:46 Voting by Program Participants. –
    I. A program participant who is otherwise qualified to vote may apply as a absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual resides in the same manner as absentee voters pursuant to RSA 657:15. Notwithstanding RSA 654, neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.
    II. The city or town clerk shall not make the participant's address contained in voter registration records available for public inspection or copying except under the following circumstances:
       (a) If requested by a law enforcement agency, to the law enforcement agency; and
       (b) If directed by a court order, to a person identified in the order.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:47 Disclosure of Records Prohibited; Exceptions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:47

    7:47 Disclosure of Records Prohibited; Exceptions. – The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:
    I. If requested by a law enforcement agency, to the law enforcement agency;
    II. If directed by a court order, to a person identified in the order;
    III. If certification has been cancelled; or
    IV. To verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7:48 Assistance for Program Applicants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS

Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault

Section 7:48

7:48 Assistance for Program Applicants. – The attorney general shall refer participants to crisis centers that provide counseling and shelter services to either victims of domestic violence, stalking, or sexual assault to assist persons applying to be program participants.

Source. 2000, 265:1, eff. Jan. 1, 2001.

Section 7-A:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7-A
INFORMATION PRACTICES ACT

Section 7-A:1

    7-A:1 Definitions. – In this chapter:
    I. "Agency'' means each state board, commission, department, institution, officer or other state official or group other than the legislature or the courts.
    II. "File'' means the point of collection of personal identifiable information.
    III. "Machine-accessible'' means recorded on magnetic tape, magnetic disk, magnetic drum, punched card, optically scannable paper or film, punched paper tape or any other medium by means of which information can be communicated to data processing machines.
    IV. "Personal information'' means any information that by some specific means of identification, including but not limited to any name, number, description, and including any combination of such characters, it is possible to identify with reasonable certainty the person to whom such information pertains.
    V. "Personal information system'' means any method by which personal information is collected, stored or disseminated by any agency of the state.
    VI. "Responsible authority'' means the head of any governmental agency which is responsible for the collection and use of any data on persons or summary data.

Source. 1975, 492:1, eff. June 24, 1975.

Section 7-A:2 File with Secretary of State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7-A
INFORMATION PRACTICES ACT

Section 7-A:2

    7-A:2 File with Secretary of State. – On or before July 1, 1976, all state agencies shall file with the secretary of state the following information with respect to all personal information systems, except those consisting of criminal investigation files, maintained by said agency:
    I. The name of the system.
    II. The purpose of the system.
    III. The number of persons on whom personal information is maintained in the system.
    IV. Categories of personal information maintained in the system.
    V. Categories of the sources of the personal information in the system.
    VI. Descriptions of the uses made of the personal information.
    VII. Categories of users of the personal information.
    VIII. Practices regarding the place and method of personal information storage in the system including but not limited to whether or not the personal information is machine-accessible.
    IX. Length of time of retention of personal information in the system.
    X. Method of disposal of personal information in the system.
    XI. Names and positions of the personnel responsible for maintaining the system.
    XII. Persons or agencies having a right of access to the personal information in the system.

Source. 1975, 492:1, eff. June 24, 1975.

Section 7-A:3 Changes in Purposes, Uses, etc.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7-A
INFORMATION PRACTICES ACT

Section 7-A:3

7-A:3 Changes in Purposes, Uses, etc. – The agency shall immediately file with the secretary of state any changes in the information required to be filed with the secretary of state by RSA 7-A:2, except RSA 7-A:2, III, and the secretary of state shall annex said changes to the original filing and preserve all filings. Any changes in the information required by RSA 7-A:2, III shall be filed with the secretary of state no less often than annually.

Source. 1975, 492:1, eff. June 24, 1975.

Section 7-A:4 Public Record.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 7-A
INFORMATION PRACTICES ACT

Section 7-A:4

Source. RL 23:16.

Section 9:13-a to 9:13-c Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Deficit Control

Section 9:13-a-13-c

9:13-a to 9:13-c Repealed. – [Repealed 1987, 416:1, eff. July 1, 1987.] Section 9:13-d Civil Emergency.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Deficit Control

Section 9:13-d

9:13-d Civil Emergency. – Should it be determined by the governor that a civil emergency exists, the governor may, with the advice and consent of the fiscal committee, authorize such expenditures, by any department or agency, as may be necessary to effectively deal with said civil emergency and may draw his warrants in payment for the same from any money in the treasury not otherwise appropriated. In determining whether a civil emergency exists, the governor shall consider whether there is such imminent peril to the public health, safety and welfare of the inhabitants of this state so as to require immediate action to remedy the situation. This section shall not be construed to enlarge any of the powers which the governor may possess under the constitution or other statutes.

Source. 1978, 52:15. 1987, 416:2, eff. July 1, 1987.

Section 9:13-e Revenue Stabilization Reserve Account.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Deficit Control

Section 9:13-e

    9:13-e Revenue Stabilization Reserve Account. –
    I. Notwithstanding the definition of "budget'' in RSA 9:1, for purposes of this section the term "budget'' means the operating budget in effect for the appropriate fiscal biennium.
    II. There is hereby established within the general fund general ledger a revenue stabilization reserve account. At the close of the fiscal biennium ending June 30, 2001, and at the close of each fiscal biennium thereafter, any surplus, as determined by the official audit performed pursuant to RSA 21-I:8, I(h) shall be transferred by the comptroller to a special nonlapsing revenue stabilization reserve account; provided, however, that in any single fiscal year the total of such transfer shall not exceed 1/2 of the total potential maximum balance allowable under paragraph V. The comptroller is hereby directed to establish the revenue stabilization reserve account in which to deposit any money received from a general fund operating budget surplus. The state treasurer shall invest funds in this account as authorized by RSA 6:8. The interest so earned shall be deposited as unrestricted general fund revenue.
    III. In the event of a general fund operating budget deficit at the close of any fiscal biennium as determined by the official audit performed pursuant to RSA 21-I:8, I(h), the comptroller shall notify the fiscal committee and the governor of such deficit and request that sufficient funds, to the extent available, be transferred from the revenue stabilization reserve account to eliminate such deficit. Such transfer may be made only when both of the following conditions have been met:
       (a) A general fund operating budget deficit occurred for the most recently completed fiscal biennium; and
       (b) Unrestricted general fund revenues in the most recently completed fiscal biennium were less than the budget forecast.
The amount of said transfer shall not exceed a sum equal to the lower of the amount of the deficit in subparagraph (a) or the revenue shortfall in subparagraph (b). Upon receipt of approval from both the fiscal committee and the governor, the comptroller shall immediately transfer the sums so approved to the general fund surplus account.
    IV. No available balance in the revenue stabilization reserve account shall be utilized for any purpose other than those authorized by paragraphs II and III, without the specific approval of 2/3 of each house of the general court and the governor.
    V. If, after the requirements of paragraphs II-IV have been met and the balance remaining in the revenue stabilization reserve account is in excess of an amount equal to 10 percent of the actual general fund unrestricted revenues for the most recently completed fiscal year, then such excess shall be transferred, without further action, to the general fund surplus account.

Source. 1986, 18:3. 1987, 416:3. 1992, 289:2. 1993, 358:73, eff. June 30, 1993. 1998, 109:1, 2, eff. July 1, 1998. 2001, 158:41, eff. July 5, 2001.

Section 9:13-f Debt Redemption; State Treasurer Required to Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Debt Redemption

Section 9:13-f

    9:13-f Debt Redemption; State Treasurer Required to Report. –
    I. The state treasurer shall report annually to the legislature, prior to the beginning of each session, on the state's outstanding bond obligations. The report shall describe in detail the bond issues which, in the state treasurer's judgment, could be redeemed prior to their stated date of maturity; the value of such issues; and the reasons why the state treasurer believes such issues should be redeemed prior to maturity.
    II. The state treasurer shall make recommendations for appropriate legislation relative to early redemption of the state's outstanding bond obligations.
    III. The legislature, upon receipt of the state treasurer's report, may appropriate funds for the purpose of debt redemption.

Source. 1986, 18:3, eff. July 1, 1987.

Section 9:13-g Educational Funding Commitments to Local Communities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Educational Funding Commitments

Section 9:13-g

9:13-g Educational Funding Commitments to Local Communities. – [Repealed 1999, 17:58, X, eff. July 1, 1999.] Section 9:14 Working Capital.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Revolving Funds

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Regulation of Certain Payments and Expenditures

Section 9:26-a

9:26-a Prohibited Changes. – No change shall be made in the plan, location, or design of a project in the capital budget after the project has been approved and funds appropriated, unless the change is ratified by the office space study committee.

Source. 1981, 540:2, eff. Aug. 29, 1981.

Section 9:27 Insurance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Regulation of Certain Payments and Expenditures

Section 9:27

9:27 Insurance. – Any agency or department of the state may, with the approval of the governor and council and within the limits of its appropriation, secure casualty or liability insurance on any property owned by the state or in connection with any program or activity of the state; provided, however, that any insurance specifically required by law shall be carried.

Source. 1909, 176:1. 1917, 10:1. PL 19:29. RL 27:35. 1950, 5, part 24:1. RSA 9:27. 1972, 24:1. 1985, 412:14, eff. July 3, 1985.

Section 9:28 Financing Gubernatorial Transition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9
BUDGET AND APPROPRIATIONS; REVOLVING FUNDS

Regulation of Certain Payments and Expenditures

Section 9:28

9:28 Financing Gubernatorial Transition. – Funds which are appropriated to the department of administrative services for a gubernatorial transition shall not be used to finance the transition expenses for an incumbent governor-elect. No other funds, either public or private, shall be expended for this purpose. The governor-elect may, however, accept and use in-kind services for transition expenses. In order to accept and use in-kind services for transition expenses, the governor shall file a report with the secretary of state no later than March 1 following the election which details all the in-kind services which were accepted and used for transition expenses.

Source. 1994, 330:2, eff. June 8, 1994.

Section 9-A:1 Comprehensive Plan.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-A
STATE DEVELOPMENT PLAN

Section 9-A:1

    9-A:1 Comprehensive Plan. –
    I. There shall be a comprehensive state development plan which establishes state policy on development related issues and proposes new or expanded programs to implement such policies. The plan shall provide a basis for identifying critical issues facing the state, determining state priorities, allocating limited state resources, and taking into account the plans of various state, regional, and local governmental units.
    II. The comprehensive development plan shall establish policies in areas related to the orderly physical, social, and economic growth and development of the state.
    III. The comprehensive development plan shall include:
       (a) State policies to provide for the orderly growth and development of the state and to maximize smart growth.
       (b) Goals and policies which are relevant to the topical areas included in the plan, including but not limited to:
          (1) An overall vision section that serves as the direction for the other sections of the plan. This section shall contain a set of statements which articulates the desires of the public relative to the future. It shall contain a set of guiding principles and priorities to implement that vision, with special emphasis on maximizing the smart growth principles in RSA 9-B.
          (2) A land use section which examines the state's role in land development and in funding projects and programs which affect land uses.
          (3) A transportation section which considers all pertinent modes of transportation and provides a framework of policies and actions which will provide for a safe and adequate transportation system to serve the needs of the state.
          (4) A public facilities section which examines the projected needs of state institutions and coordinates with other governmental units, whether federal, county, local, special districts, or school districts, as to their needs as well.
          (5) A housing section which sets forth approaches to meeting the need for affordable housing.
          (6) An economic development section which proposes actions and policies to suit the state's economic goals and needs, based on the current and projected economic strengths and weaknesses.
          (7) A natural resources section which identifies trends in land protection, open space, farm land preservation and protection, and proposes policies and actions necessary at the state level to protect those resources which are perceived to be of statewide significance.
          (8) A natural hazards section which identifies actions to improve the ability of the state to minimize damages from future disasters that affect land and property subject to such disasters.
          (9) A recreation section which assesses current and future recreation needs within the foreseeable future and identifies policies and a plan of action to support them at the state level.
          (10) A utility and public service section which details state level policies and actions necessary to assure adequate service to the citizens of the state.
          (11) A regional concerns section which describes specific areas of the state with potentially unique concerns and identifies policies and actions which may reasonably be undertaken to assist in addressing those issues.
          (12) A section which identifies state policies and actions necessary to protect cultural and historic resources of statewide significance and assist in their rehabilitation or preservation, and generally assure their availability for future generations of state citizens.
          (13) An implementation section, which is a long range action program for assessing the effectiveness of each section of the plan.
    IV. The comprehensive development plan shall serve as the basis for policy and program development by the various departments of state government. State agencies shall develop and regional planning commissions and local planning boards are encouraged to develop plans which are consistent with the policies and priorities established in the comprehensive development plan.
    V. The comprehensive development plan shall be renewed or revised every 4 years, beginning on October 1, 2003.

Source. 1985, 270:4, eff. June 10, 1985. 2000, 292:5, eff. Aug. 20, 2000. 2002, 229:4, eff. July 1, 2002.

Section 9-A:2 Office of State Planning.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-A
STATE DEVELOPMENT PLAN

Section 9-A:2

    9-A:2 Office of State Planning. – The office of state planning, under the direction of the governor, shall:
    I. Assist the governor in preparing, publishing and revising the comprehensive development plan.
    II. Develop and maintain a technical data base of information to support statewide policy development and planning.
    III. Coordinate and monitor the planning efforts of various state agencies and departments to ensure that program plans published by such agencies are consistent with the policies and priorities established in the comprehensive development plan.
    IV. Coordinate and monitor the planning efforts of the regional planning commissions.

Source. 1985, 270:4, eff. June 10, 1985. 2002, 229:5, eff. July 1, 2002.

Section 9-A:3 Transmittal of Plan.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-A
STATE DEVELOPMENT PLAN

Section 9-A:3

9-A:3 Transmittal of Plan. – The governor shall transmit the comprehensive development plan, establishing executive priorities as specified in RSA 9-A:1, to the general court by July 1 of each even numbered year. The first comprehensive development plan shall be transmitted to the general court by July 1, 1988.

Source. 1985, 270:4, eff. June 10, 1985.

Section 9-A:4 Consultation With Other Agencies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-A
STATE DEVELOPMENT PLAN

Section 9-A:4

    9-A:4 Consultation With Other Agencies. –
    I. In preparing the state development plan, the office of state planning shall consult with the chief executive officers of the various departments and agencies of state government with responsibilities which are relevant to economic development.
    II. The office may also consult with officials of regional and local planning and development agencies and representatives of business and industry.
    III. All state agencies and departments shall provide the office of state planning with such information and assistance required by the office to fulfill its responsibilities under RSA 9-A:2. The office shall maintain the confidentiality of any information which is protected by law.

Source. 1985, 270:4, eff. June 10, 1985.

Section 9-B:1 Findings.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:1

    9-B:1 Findings. – The general court finds that:
    I. In addition to clean water and air, productive mountain, forest, and agricultural open space land is one of the state's most valuable assets, and is necessary for the economy and health and welfare of the citizens. The maintenance of this asset is vital if the state is to provide future generations with the same quality of life and environment that we have traditionally enjoyed.
    II. Economic development is essential to the well-being and prosperity of our citizens. However, when haphazard development sprawls across the state's landscape, our collective well-being suffers. Fortunately, economic development can take place in a form that maximizes smart growth.
    III. The state can encourage development in accordance with this chapter by regularly reviewing its operating procedures, granting policies, and regulatory framework.
    IV. A coordinated and comprehensive planning effort by state agencies on future development in the state is needed, which will not only improve our economy, but also encourages smart growth by locating development in appropriate growth areas and thus retaining as much open space land as possible for the long-term.

Source. 2000, 292:6, eff. Aug. 20, 2000.

Section 9-B:2 Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:2

9-B:2 Policy. – It shall be the policy of the state of New Hampshire that state agencies act in ways that encourage smart growth.

Source. 2000, 292:6, eff. Aug. 20, 2000.

Section 9-B:3 Definition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:3

    9-B:3 Definition. – In this chapter, "smart growth'' means the control of haphazard and unplanned development and the use of land which results over time, in the inflation of the amount of land used per unit of human development, and of the degree of dispersal between such land areas. "Smart growth'' also means the development and use of land in such a manner that its physical, visual, or audible consequences are appropriate to the traditional and historic New Hampshire landscape. Smart growth may include denser development of existing communities, encouragement of mixed uses in such communities, the protection of villages, and planning so as to create ease of movement within and among communities. Smart growth preserves the integrity of open space in agricultural, forested, and undeveloped areas. The results of smart growth may include, but shall not be limited to:
    I. Vibrant commercial activity within cities and towns.
    II. Strong sense of community identity.
    III. Adherence to traditional settlement patterns when siting municipal and public buildings and services.
    IV. Ample alternate transportation modes.
    V. Uncongested roads.
    VI. Decreased water and air pollution.
    VII. Clean aquifer recharge areas.
    VIII. Viable wildlife habitat.
    IX. Attractive views of the landscape.
    X. Preservation of historic village centers.

Source. 2000, 292:6, eff. Aug. 20, 2000.

Section 9-B:4 Expenditure of State or Federal Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:4

9-B:4 Expenditure of State or Federal Funds. – All state agencies shall give due consideration to the state's policy on smart growth under RSA 9-B:2 when providing advice or expending state or federal funds, for their own use or as pass-through grants, for public works, transportation, or major capital improvement projects, and for the construction, rental, or lease of facilities. The intent of this action is that new investments and grants for existing sites and buildings in existing community centers will be given preference over investments in outlying areas where that is a practical solution for the use and community in question.

Source. 2000, 292:6, eff. Aug. 20, 2000.

Section 9-B:5 Procedures for Review.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:5

9-B:5 Procedures for Review. – The governor shall review actions taken by state agencies relative to the provisions of RSA 9-B:4 to ensure compliance with this chapter. The governor shall establish procedures for review no later than December 1, 2000.

Source. 2000, 292:6, eff. Aug. 20, 2000.

Section 9-B:6 Report to the General Court and the Governor.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 9-B
STATE ECONOMIC GROWTH, RESOURCE PROTECTION, AND PLANNING POLICY

Section 9-B:6

    9-B:6 Report to the General Court and the Governor. – By October 1 of 2001, and every 4 years thereafter, the council on resources and development, established in RSA 162-C, shall report to the general court and the governor on the following:
    I. Progress by state agencies in complying with the expenditure requirements under RSA 9-B:4.
    II. Progress by the state agencies represented on the council in coordinating the activities to encourage smart growth.
    III. Efforts made to encourage development in accordance with this chapter by regular review of state operating procedures, granting policies, and regulatory framework.
    IV. Suggested policy changes or legislation that the council believes would strengthen the state's ability to achieve the smart growth goal of RSA 9-B:2.
    V. An assessment of how state agencies are complying with the goals and objectives established in the statewide development plan, under RSA 9-A, and an identification of any suggested changes.

Source. 2000, 292:6, eff. Aug. 20, 2000. 2002, 229:6, 7, eff. July 1, 2002.

Section 10:1 Governor and Council.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 10
STATE INSTITUTIONS

Supervision

Section 10:1

10:1 Governor and Council. – The ultimate executive authority over the New Hampshire hospital, formerly the state hospital; Laconia developmental services, formerly the Laconia state school and the Laconia state school and training center; the New Hampshire youth development center, formerly the industrial school; and the Glencliff home for the elderly, formerly the state sanatorium, including all real and personal estate used in connection therewith, the purchase of materials and supplies for said institutions and the departments of state, as hereinafter provided, is vested in the governor and council.

Section 11:7

    11:7 Trust Fund Disbursements. –
    I. All disbursements made by state agencies and departments for trust fund purposes shall follow the laws, rules, and regulations applicable to said agencies and departments for normal operating and capital purposes.
    II. This section shall not apply to the trust funds held by the university system of New Hampshire, the New Hampshire retirement system, or the department of employment security.

Source. 1995, 158:1, eff. July 1, 1995.

Section 12:1 to 12:3 Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:1-3

12:1 to 12:3 Repealed. – [Repealed 1961, 223:7, I.] Section 12:4 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:4

12:4 Duties. – [Repealed 1985, 270:11, eff. June 10, 1985.] Section 12:5 Ski Traffic.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:5

12:5 Ski Traffic. – The department is authorized and directed to confer and cooperate with agencies interested in the problem of the control of ski traffic, to study such problem and make recommendations from time to time to the legislature, and to serve in an advisory capacity on all ski developments, when requested to do so. The department is further authorized to appoint an advisory committee to assist in the studies outlined herein, provided that no person appointed on such a committee shall be entitled to compensation or expenses from the department.

Source. 1943, 154:1, eff. May 5, 1943.

Section 12:6 to 12:8 Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:6-8

12:6 to 12:8 Repealed. – [Repealed 1970, 9:2, eff. April 21, 1970.] Section 12:9 Acceptance of Grants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:9

12:9 Acceptance of Grants. – The department is authorized to accept in the name of the state special grants of money or services from the federal or state governments or any of their agencies, and may accept gifts to carry on its activities.

Source. 1935, 6:2. RL 27:43.

Section 12:10, 12:11 Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:10,-11

12:10, 12:11 Repealed. – [Repealed 1957, 262:3, eff. Sept. 1, 1957.] Section 12:12 Salary of Executive Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12
STATE PLANNING AND DEVELOPMENT

Section 12:12

12:12 Salary of Executive Director. – [Repealed 1961, 223:7, I.] Section 12-A:1 Establishment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1

12-A:1 Establishment. – There shall be a department of resources and economic development under the executive direction of a commissioner of resources and economic development, consisting of a division of forests and lands, a division of economic development which shall include but not be limited to subdivisions of development and promotion, a division of travel and tourism development, and a division of parks and recreation. Its purpose shall be to ensure the efficient coordinated function of the 4 divisions, whereby the interests of economic development, protection and responsible management of natural resources, public enjoyment of state parks and forests, and promotion of travel and tourism development are each held to be of integral importance in the overall functioning of the department.

Source. 1909, 128:1. 1925, 113:1. PL 19:33; 191:1. 1931, 92:1. 1935, 6:1; 126:1. RL 27:40; 233:1. 1943, 39:3, 147:1. 1950, 5, part 12:1, pars. 1, 2, 4. 1951, 47:1, 2. RSA 12:1, 2; 162:1, 2, 4; 216:1. 1957, 241:1, 3, 4. 1959, 172:1, 2. 1961, 223:3. 1970, 53:3. 1975, 146:1, eff. July 25, 1975. 1999, 317:2, eff. July 1, 1999. 2001, 28:1, eff. July 14, 2001.

Section 12-A:1-a Declaration of Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1-a

12-A:1-a Declaration of Purpose. – The purpose of this act is to improve the administration of state government by providing unified direction of policies, programs and personnel in the field of resources and economic development making possible increased efficiency and economies from integrated administration and operation of these related functions of the state government.

Source. 1961, 223:1.

Section 12-A:1-b General Provisions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1-b

    12-A:1-b General Provisions. –
    I. Upon the recommendation of the commissioner of resources and economic development after consultation with division directors concerned and the advisory commission established by this chapter, the governor and council are authorized to approve revisions in internal administrative departmental organization as the governor and council find from time to time may improve or make more economical the administration of the department; provided, however, no such change shall eliminate any then existing position within the classified service unless such position shall then be vacant, or, if filled, its incumbent has been transferred to an equivalent or higher paid position of like tenure.
    II. With the approval of the governor and council and of the director of personnel the commissioner of resources and economic development after consultation with directors of divisions concerned and the advisory commission is authorized to transfer classified personnel, appropriations or portions thereof relating thereto as well as necessary equipment, within any division or between divisions of the department; provided, however, that no such transfer shall eliminate classified positions so transferred. Vacancies in classified positions occurring after July 1, 1961, in any department functions to be transferred to the new department of resources and economic development shall not be filled without the approval of the governor and council, provided that after written notification of vacancies to be filled are received by the governor and council from department directors, and if no action is taken on these requests within thirty days, the director of the division concerned may fill such vacancy or vacancies forthwith. No permanent classified employee in the state service upon the effective date of this act shall be required to take an examination to remain in his position. The authority of the governor and council to approve the filling of vacancies in the classified service after July 1, 1961 as hereinabove provided, shall terminate as of June 30, 1963.

Source. 1961, 223:2. 1986, 12:4, I, eff. March 27, 1986.

Section 12-A:1-c Powers and Duties of Department of Resources and Economic Development.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1-c

12-A:1-c Powers and Duties of Department of Resources and Economic Development. – In addition to any other powers and duties set forth in this chapter or as otherwise provided by statute, the department of resources and economic development shall have the power and duty to plan and conduct a program of information and publicity to attract tourists, visitors, industrial concerns and other interested persons from outside the state to the state of New Hampshire, and to encourage, coordinate, and participate in the efforts of other public and private organizations or groups of citizens in order to publicize the facilities, industrial advantages and other attractions of the state for the same purposes. The department of resources and economic development shall also have the power and duty to plan and conduct inspections at least semi-annually and to plan and conduct necessary maintenance, monitoring and consulting work to ensure the preservation of the "Old Man of the Mountain.'' The commissioner shall assign, with the approval of the advisory commission, such duties and functions to the 3 divisions of the department, as in his discretion will best effectuate the purposes, powers and duties set forth in this section and as otherwise provided by statute, provided, however, that the commissioner shall assign such duties and functions relating to the preservation of the "Old Man of the Mountain'' to the division of parks and recreation and to the officially designated caretaker for the "Old Man of the Mountain.''

Source. 1967, 166:1. 1991, 359:1, eff. July 1, 1991.

Section 12-A:1-d Police Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1-d

12-A:1-d Police Powers. – The commissioner of the department of resources and economic development, the director of the division of parks and recreation, and the director of the division of forests and lands shall have authority as peace officers as provided in RSA 594 and may confer said authority upon certain individuals within the department of resources and economic development, the division of parks and recreation, and the division of forests and lands. Said police powers shall be limited to the enforcement of state laws and rules of the department of resources and economic development on lands or property owned by, leased to, or otherwise under the control of the department of resources and economic development. Nothing herein shall limit the police powers of employees of the department of resources and economic development as provided for in RSA 227-G:7 and RSA 215-A:16 and 17.

Source. 1979, 204:1. 1981, 146:5, I; 538:6, 13. 1995, 299:4, eff. Jan. 1, 1996.

Section 12-A:1-e Joint Promotional Program.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:1-e

    12-A:1-e Joint Promotional Program. – A joint promotional advertising program is hereby established to carry out the duties of the department of resources and economic development as set forth in RSA 12-A:1-c to publicize the advantages of the state of New Hampshire for tourism and to encourage continuous partnership with private industry in this promotion in order to maintain a viable and strong economic base in the state.
    I. The department of resources and economic development shall administer a joint promotional advertising program in cooperation with a joint promotional program screening committee. The funds appropriated for this program shall be expended for grants for advertising programs entered into with independent groups or organizations which are designed to promote travel and tourism in the state of New Hampshire.
    II. The screening committee shall consist of the director of the division of travel and tourism development and 8 other members appointed as follows:
       (a) One member appointed by the governor and council upon nomination by the commissioner of resources and economic development;
       (b) Seven members appointed by the governor and council upon nomination by the New Hampshire travel council. The members nominated by the travel council shall include at least one representative of each of the following: a chamber of commerce, regional association, ski area, attraction, campground, and lodging;
       (c) Members, other than the director of the division of travel and tourism development, shall serve for a term of 3 years and until their successors are appointed and qualified.
    III. The screening committee shall elect its own chairman. Members may designate an alternate with the approval of the chairman. A majority of the members of the committee or their alternates shall constitute a quorum.
    IV. Members of the screening committee shall not be compensated; however, the commissioner of resources and economic development may set aside up to one percent of the funds appropriated for the joint promotional program in any fiscal year to reimburse committee members for their direct expenses associated with the program. The commissioner shall review and approve all requests for reimbursement.
    V. Funds appropriated to the joint promotional program shall only be made available to regional associations, state-wide tourist groups, chambers of commerce or other promotional organizations as may be certified by the screening committee with the approval of the commissioner of the department of resources and economic development. Such grants shall only be given to those organizations which have been in existence for at least 3 years prior to the date of the grant application.
    VI. Grant awards shall require 50 percent matching funds from private sources. Grants shall not be used for the administrative salaries or overhead expenses of any applicant selected for a grant.
    VII. Grant applications shall be reviewed by the screening committee which shall recommend approval or disapproval of applications to the commissioner of resources and economic development. A recommendation for disapproval by the screening committee or the commissioner shall be in writing with the reasons for disapproval stated.
    VIII. Funds appropriated for the joint promotional program for the first fiscal year of any biennium shall not lapse and shall be available for expenditure during the second fiscal year of the biennium. All funds which have not been expended by the end of the second fiscal year of a biennium shall lapse to the general fund.
    IX. The commissioner of resources and economic development shall, with the advice of the screening committee, adopt rules under RSA 541-A after public hearing governing the joint promotional program. These rules shall include:
       (a) A description of the joint promotional program, stating the general course and method of its operations and the methods by which the public may obtain information or make submissions or requests;
       (b) The procedures and criteria used to certify groups or organizations eligible for matching grants;
       (c) The application process, including the information required of applicants;
       (d) The procedures and criteria used to evaluate grant applications;
       (e) Procedures for the administration of grants by recipients including reporting requirements.
    X. Three percent of the funds appropriated to the joint promotional program shall be allocated for a grant or grants to organizations that do not qualify under paragraph V of this section. Such grants shall require 10 percent matching funds from private sources, provided that the organization:
       (a) Has a demonstrated program of cooperation for promotion;
       (b) Has a demonstrated need for promotion;
       (c) Has demonstrated a case of regional depression or financial hardship;
       (d) Agrees that this unmatched grant shall not be awarded for more than 2 successive years; and
       (e) Further agrees that the affected area shall not be eligible for any unmatched grant for a period of 5 years after the second year following the award of the first of any unmatched grant.

Source. 1983, 422:20. 1985, 270:6. 1986, 165:4, eff. July 27, 1986. 1999, 317:8, eff. July 1, 1999.

Section 12-A:2 Commissioner of Resources and Economic Development.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2

12-A:2 Commissioner of Resources and Economic Development. – There shall be a commissioner of resources and economic development who shall be appointed by the governor and council for a term of 4 years from the date of his appointment and until his successor is appointed and qualified. A vacancy shall be filled for the unexpired term. It shall be the responsibility of the commissioner to organize and direct the work of the department. The commissioner of resources and economic development shall appoint one member of his staff who shall act in his stead when said commissioner is absent from the state and at such other times as he is so directed by the commissioner. When acting for the commissioner said person shall have all the power, duties and authority of the commissioner. Directors of departmental divisions shall be subject to the supervisory authority of the commissioner, which authority shall include power to establish department and divisional policy as well as to control the actual operations of the department and all divisions therein. The commissioner shall consult with the advisory commission prior to the establishment of general and divisional departmental policy.

Source. 1925, 113:1. PL 19:33. 1931, 91:2. 1935, 6:1. RL 27:40. 1943, 39:3. 1945, 184:1. 1950, 5, part 12:1, par. 2. 1953, 265:1. RSA 12:1, 2; 162:2; 218:1, 3. 1961, 223:3.

Section 12-A:2-a Print Shop Operation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-a

12-A:2-a Print Shop Operation. – [Repealed 1983, 422:3, I, eff. June 24, 1983.] Section 12-A:2-b Harbor Masters, Mooring Permits and Fees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-b

12-A:2-b Harbor Masters, Mooring Permits and Fees. – [Repealed 1978, 22:1, eff. June 22, 1978.] Section 12-A:2-c Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-c

    12-A:2-c Rulemaking. –
    I. The commissioner shall adopt rules under RSA 541-A governing use by the public of state forests, parks, or any other land or buildings operated by the department of resources and economic development. This shall include, but not be limited to, the commissioner's responsibilities under RSA 216 and 227-H.
    II. Such rules shall include, but not be limited to:
       (a) Conduct of persons using the property, including prohibitions or restrictions on use or transportation of any substances, articles, or other matter.
       (b) Use of vehicles, including, but not limited to, restrictions on parking and speed.
       (c)-(e) [Repealed.]
    III. If so specified in any rule, persons violating that rule may be evicted from the property and shall be guilty of a misdemeanor.

Source. 1983, 422:13. 1985, 270:7; 389:7. 1991, 355:63. 1993, 358:23. 1995, 299:5, eff. Jan. 1, 1996; 308:1, 127, I, II, eff. July 1, 1995.

Section 12-A:2-d Reports and Publications.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-d

12-A:2-d Reports and Publications. – The commissioner of resources and economic development is authorized to prepare, publish and distribute reports, charts, surveys or other documents consistent with the responsibilities of the department. The commissioner may charge reasonable fees for such documents. Fees for documents distributed by the department shall be adopted as rules under RSA 541-A.

Source. 1985, 270:10, eff. June 10, 1985.

Section 12-A:2-e New Hampshire Economic Development Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-e

    12-A:2-e New Hampshire Economic Development Fund. –
    I. There is hereby established the New Hampshire economic development fund which shall be administered by the commissioner of the department of resources and economic development. Said fund shall be for the purpose of providing funds for grants, loans and other economic development initiatives which shall be generally considered to be beneficial to the state's overall economy as provided for in paragraph II.
    II. Said fund shall be distributed or expended by the commissioner with the advice and prior approval of the committee established in RSA 12-A:2-f and the approval of the governor and council for any of the following purposes:
       (a) Business financing and expansion initiatives.
       (b) Job retention and creation.
       (c) International trade.
       (d) Research and development activities.
       (e) Other projects or programs recognized as being beneficial to business activity in New Hampshire.
    III. To maximize the economic impact of expenditures from this fund, and to leverage additional funding from other sources, the commissioner may contract with such organizations as, but not limited to, the following:
       (a) New Hampshire Business Development Corporation.
       (b) Small Business Investment Corporation.
       (c) Industrial Research Center.
       (d) Small Business Development Center.
    IV. All moneys returned to the department as a result of contracts between the commissioner and any other party as authorized shall be redeposited into the New Hampshire economic development fund. In addition, the department may accept gifts, grants, donations or other moneys for the purposes of this section. Said moneys shall be deposited into the New Hampshire economic development fund.

Source. 1991, 4:21, eff. March 28, 1991.

Section 12-A:2-f Review Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-f

    12-A:2-f Review Committee. – There is established a committee to review the distribution and expenditure of funds in accordance with RSA 12-A:2-e. The committee shall be composed of the following:
    I. The speaker of the house of representatives.
    II. Two members of the house finance committee, appointed by the speaker of the house.
    III. The president of the senate.
    IV. Two members of the senate finance committee, appointed by the senate president.
    V. The commissioner of the department of resources and economic development, or designee.

Source. 1991, 4:21. 1995, 9:4, eff. June 11, 1995.

Section 12-A:2-g New Hampshire-Canadian Trade Council.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-g

12-A:2-g New Hampshire-Canadian Trade Council. – The commissioner of resources and economic development and the secretary of state shall have the authority to establish a New Hampshire trade council to meet with one or more trade councils established by the Canadian provinces, either separately or collectively. The members of the council shall include 2 senators appointed by the president of the senate, 2 house members appointed by the speaker of the house, the commissioner or assignee, the secretary of state or assignee, and such other members as the commissioner and secretary of state may appoint.

Source. 1991, 153:1. 1995, 10:1, eff. April 12, 1995.

Section 12-A:2-h International Trade Promotion.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-h

12-A:2-h International Trade Promotion. – The commissioner of resources and economic development shall plan, develop, and administer programs for international trade promotion and inward investment promotion in cooperation with the Pease development authority, division of ports and harbors and the Small Business Development Center and other private organizations. The commissioner shall take a proactive role in targeting foreign trade shows and foreign trade missions and shall assist New Hampshire businesses desiring to participate in these shows and missions. In planning, developing, and administering programs under this section, the commissioner shall be assisted by the advisory committee on international trade established in RSA 12-A:30 and may draw on the revolving fund created under RSA 12-A:31.

Source. 1991, 260:2, eff. Aug. 9, 1991. 2001, 290:3, eff. July 1, 2001.

Section 12-A:2-i Multiple Use Management of White Mountain National Forest Land.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:2-i

12-A:2-i Multiple Use Management of White Mountain National Forest Land. – The commissioner of the department of resources and economic development, or designee, shall have the authority and responsibility to consult and work with the United States Department of Agriculture Forest Service in order to promote and maintain continued multiple use management of White Mountain National Forest land.

Source. 1999, 142:6, eff. June 25, 1999.

Section 12-A:3 Directors of Divisions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:3

12-A:3 Directors of Divisions. – The commissioner shall nominate for appointment by the governor and council a director of forests and lands, a director of economic development, a director of travel and tourism development, and a director of parks and recreation, each of whom shall serve, subject to the provisions of RSA 4:1, for a term of 4 years from the date of appointment and until a successor is appointed and qualified. Any vacancy in such office shall be filled for the unexpired term in the same manner as the original appointment. Directors of divisions shall be responsible for the administration and operation of their respective divisions subject to the supervisory authority of the commissioner as set forth in RSA 12-A:2.

Source. 1945, 184:1. 1953, 265:11. RSA 218:1, 3. 1961, 223:3. 1975, 146:2, eff. July 25, 1975. 1999, 317:3, eff. July 1, 1999.

Section 12-A:4 Salaries.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:4

12-A:4 Salaries. – The annual salaries of the commissioner of resources and economic development, and of the directors of the divisions, shall be as provided in RSA 94 as hereinafter amended.

Source. 1909, 128:1. 1925, 113:1. PL 19:33; 191:2. 1931, 91:2. 1935, 6:1. RL 27:40; 233:2. 1943, 39:3. 1950, 5, part 12:1, par. 1. 1951, 47:1. 1953, 265:1. RSA 12:1, 12; 162:1; 216:2; 218:2, 4. 1957, 241:1. 1959, 172:1. 1961, 223:3.

Section 12-A:4-a, 12-A:4-b Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:4-a,-4-b

12-A:4-a, 12-A:4-b Repealed. – [Repealed 1995, 308:127, III, eff. July 1, 1995.] Section 12-A:4-c Assistant to the Commissioner; Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:4-c

12-A:4-c Assistant to the Commissioner; Position Established. – [Repealed 2001, 158:109, I, eff. Dec. 28, 2001.] Section 12-A:4-d Financial Counselor; Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:4-d

12-A:4-d Financial Counselor; Position Established. – [Repealed, 1995, 308:127, IV, eff. July 1, 1995.] Section 12-A:5 Advisory Commission Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:5

    12-A:5 Advisory Commission Established. –
    I. There shall be a commission advisory to the commissioner of resources and economic development which shall consist of the following 8 members:
       (a) Seven, who shall be appointed by the governor and council for a term of 5 years and until his successor is appointed and qualified; and
       (b) One who shall be the commissioner of public works and highways or his designated representative whose appointment shall be coterminous with the commissioner's tenure of office.
    II. In the event of a vacancy in membership of a member appointed hereunder, appointment shall be made in the same manner but for the unexpired term only.
    III. Members of the commission shall be residents of the state of New Hampshire, at least one of whom shall be qualified, experienced and representative of each of the following:
       (a) Manufacturing;
       (b) Agriculture;
       (c) Recreation;
       (d) Forestry;
       (e) The general public;
       (f) Commerce; and
       (g) Public relations.
    IV. The governor shall annually designate a chairman from among the membership. No member shall be eligible to serve as chairman more than 3 years, whether or not his service as such has been consecutive or interrupted.
    V. No more than 4 members of the commission, exclusive of the commissioner of public works and highways, shall be of the same political party.
    VI. Members of the commission shall serve without compensation but shall be entitled to receive mileage and expenses when in performance of the duties required hereunder.

Source. 1935, 6:2. RL 27:41. 1950, 5, part 12:1, par. 1. 1951, 47:1. RSA 12:3; 162:1. 1957, 241:1. 1959, 172:1. 1961, 223:3. 1971, 33:1, 2, eff. May 31, 1971.

Section 12-A:5-a Limitations on Membership of Resources and Development Advisory Commission.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:5-a

12-A:5-a Limitations on Membership of Resources and Development Advisory Commission. – [Repealed 1971, 33:3, eff. May 31, 1971.] Section 12-A:6 Advisory Commission; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:6

12-A:6 Advisory Commission; Duties. – The commission shall consult with and advise the commissioner of resources and economic development with respect to the policy, programs, and operations of the department upon a continuing basis and for said purposes shall meet with the commissioner not less frequently than annually at the call of the chairman or 3 commission members. A vacancy on the commission shall be filled in accordance with the requirements of RSA 12-A:5. It shall be the duty of the chairman to convene the commission not later than 10 days following his receipt of written request therefor from any 3 or more members thereof. The commissioner shall attend any meeting of the commission upon request of a majority of its membership. The advisory commission shall submit to the governor and council biennially a written report of the activities of the department covering the previous 2 calendar years, which report shall be a public document. A nonpublic session of the advisory commission may be called at any time for any of the reasons specified in RSA 91-A:3, II upon majority vote and shall consist solely of the members thereof.

Source. 1935, 6:2. RL 27:41. 1950, 5, part 12:1, par. 4. RSA 12:3; 162:3. 1957, 241:2. 1961, 223:3. 1973, 140:5. 1975, 146:8. 1991, 217:1, eff. Jan. 1, 1992.

Section 12-A:7 Planning and Development Commission Abolished; Transfer of Functions and Powers, Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:7

12-A:7 Planning and Development Commission Abolished; Transfer of Functions and Powers, Tenure. – The state planning and development commission, established pursuant to RSA 12, as amended, is hereby abolished. All of its powers, duties, functions, personnel, records and property are hereby transferred to the department of resources and economic development. Wherever reference is made to the planning and development commission in the statutes, it shall henceforth be construed to mean the department of resources and economic development. The tenure of members of the planning and development commission shall terminate upon the appointment and qualification of the commissioner of resources and economic development and directors of the divisions of resources and economic development. The commissioner shall assign, with the approval of the advisory commission, such duties, functions, personnel, records and property transferred to the department by this section to the division of resources and to the division of economic development as in his discretion he deems necessary and advisable.

Source. 1961, 223:3.

Section 12-A:7-a Bureau of Marine Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:7-a

12-A:7-a Bureau of Marine Services. – There is hereby established in the division of parks and recreation of the department of resources and economic development, a bureau of marine services, which shall have the responsibility for and jurisdiction over recreational activities at state-owned fishing piers and facilities.

Source. 1983, 422:5. 1990, 3:14, eff. Feb. 20, 1990. 2000, 55:2, eff. June 16, 2000.

Section 12-A:8 Forestry and Recreation Commission Abolished; Transfer of Functions and Powers, Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:8

12-A:8 Forestry and Recreation Commission Abolished; Transfer of Functions and Powers, Tenure. – The forestry and recreation commission, established pursuant to RSA 216, as amended, is hereby abolished. All of its powers, duties, functions, personnel, records and property are hereby transferred to the department of resources and economic development. The commissioner of resources and economic development, with the approval of the advisory commission shall assign such thereof to the division of resources development and such to the division of parks as is found necessary and advisable. Wherever reference is made to the forestry and recreation commission in the statutes, it shall henceforth be construed to mean the department of resources and economic development. The tenure of members of the forestry and recreation commission shall terminate upon the appointment and qualification of the directors of the division of resources development and of parks.

Source. 1961, 223:3.

Section 12-A:8-a Division of Resources Development; Transfer of Functions, Powers, Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:8-a

12-A:8-a Division of Resources Development; Transfer of Functions, Powers, Duties. – All of the functions, powers, duties, personnel, records and property of the division of resources development are hereby transferred to the division of forests and lands of the department of resources and economic development. Whenever reference is made to the division of resources development in the statutes, it shall henceforth be construed to mean the division of forests and lands. Whenever reference is made to the director, division of forests and lands, he shall also be known as the state forester.

Source. 1975, 146:3, eff. July 25, 1975.

Section 12-A:9 Director of Resources Development; Initial Appointment and Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:9

12-A:9 Director of Resources Development; Initial Appointment and Tenure. – [Repealed 1988, 143:2, eff. June 20, 1988.] Section 12-A:9-a Director of Forests and Lands, State Forester; Initial Appointment and Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:9-a

    12-A:9-a Director of Forests and Lands, State Forester; Initial Appointment and Tenure. –
    I. The director of the division of resources development in office on the effective date of this section shall continue in office as director of the division of forests and lands subject to the provisions of this chapter. His tenure and salary shall be as has been established for the director of the division of resources development. All of the powers, duties and functions heretofore performed by the director of the division of resources development pursuant to any provisions of the statutes shall henceforth be performed by the director of the division of forests and lands subject to the provisions of this chapter. Wherever reference is made to the director of the division of resources development, it shall henceforth be construed to mean the director, division of forests and lands, department of resources and economic development.
    II. In addition to the title of director, division of forests and lands, said director shall also be entitled the state forester.

Source. 1975, 146:4, eff. July 25, 1975.

Section 12-A:9-b Connecticut Lakes Headwaters Citizens Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:9-b

    12-A:9-b Connecticut Lakes Headwaters Citizens Committee. –
    I. There is established the Connecticut Lakes headwaters citizens committee. Committee membership shall be as follows and shall include a minimum of 7 members who are residents of any community in the Great North Woods region association, as established by the state in February 1998:
       (a) Two residents of the town of Pittsburg, appointed by the selectmen.
       (b) One resident of the town of Clarksville, appointed by the selectmen.
       (c) One resident of the town of Stewartstown, appointed by the selectmen.
       (d) One person who shall have expertise in forestry and timber harvesting, appointed by the speaker of the house of representatives.
       (e) One person who shall have expertise in monitoring conservation easements, appointed by the speaker of the house of representatives.
       (f) One person who shall have expertise in outdoor recreation and tourism, appointed by the president of the senate.
       (g) One person who shall have expertise in forest ecology and management of natural areas, appointed by the president of the senate.
       (h) Two persons appointed by the governor with the consent of the council.
       (i) A Coos county commissioner, or designee.
       (j) The commissioner of the department of resources and economic development, or designee.
       (k) The executive director of the fish and game department, or designee.
       (l) A representative of the largest private landowner within the borders of the Connecticut Lakes headwaters tract, appointed by the landowner, who shall serve as an ex-officio, non-voting member.
    II. Each member shall serve a 3-year term. Vacancies shall be filled for the unexpired term of office in the same manner as the original appointment. Members may serve successive terms.
    III. The members shall elect a chairperson from among the public members. Preference shall be given to a resident of the Great North Woods region if a member from that area is willing to serve as chairman, otherwise another public member shall be elected.
    IV. The committee shall meet at least annually and at such other times as the chairperson deems necessary. At least once annually, the committee shall meet to review the management plan of the state-owned properties as prepared by the managing state agencies. The committee's meetings shall be open to the public, in accordance with RSA 91-A. Interested members of the public shall be allowed to speak before the committee or to submit statements. Records, reports, and working papers generated or used by the committee, or both, shall be made available to the public for inspection or copying. The committee shall not be responsible to the public for the costs of copying its documents.
    V. The duties of the committee shall include and be limited to:
       (a) Providing advice to the monitoring entity for monitoring compliance with the terms and conditions of the working forest conservation easement covering approximately 146,400 acres of the Connecticut Lakes headwaters tract.
       (b) Providing advice to the department of resources and economic development and the fish and game department on the management of public recreational use of the Connecticut Lakes headwaters tract, including the siting and approval of the first 10 new leases, the seasonal use of the road system, snowmobile trails and their use, and the terms for access and use of the tract by motorized vehicles. Such advice shall be offered in cooperation with the private landowner.
       (c) Providing advice on the management of state park and natural areas within the tract owned in fee by the state.
       (d) Providing advice to the department of resources and economic development and the fish and game department on any proposed revision to the stewardship or management plans required by the conservation easements on the 146,400 acres or the natural areas and, should amendments to these easements ever be contemplated, on the proposed amendments.
       (e) Exercising authority to decide if 15 leases in addition to those in subparagraph (b) should be allowed and where such leases should be located, if the private owner or any future private owner requests this action.
       (f) Exercising authority to decide if the private buyer, or any future private owner, should be allowed to exercise its rights under the conservation easement for commercial recreational activities for which the private owner may charge fees.
       (g) Exercising authority to decide if the state can build structures for visitor support facilities as described in the conservation easement for the 146,400 acres.
    VI. The commissioner of the department of resources and economic development shall designate a state employee from the department as the administrative officer of the committee. The administrative officer shall attend each meeting of the committee and provide recordkeeping and related administrative and clerical assistance to the committee.
    VII. The terms and provisions of the conservation easements shall at all times provide the legal basis for the committee's advice and authority, and any legal opinion of the easement's terms shall be rendered by the attorney general.

Source. 2002, 148:3, eff. May 14, 2002.

Section 12-A:10 Director of Parks; Initial Appointment and Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:10

12-A:10 Director of Parks; Initial Appointment and Tenure. – The director of recreation in office on the effective date of this act shall continue in office as director of the division of parks subject to the provisions of this act. His tenure and salary shall be as herein established for the director of the division of parks. All of the powers, duties and functions heretofore performed by the director of recreation pursuant to any provision of the statutes shall henceforth be performed by the director of parks subject to the provisions of this act. Wherever reference is made to the director of recreation in any provision of the statutes it shall henceforth be construed to mean the director, division of parks, within the department of resources and economic development.

Source. 1961, 223:3.

Section 12-A:10-a Division of Parks; Transfer of Functions, Powers, Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:10-a

12-A:10-a Division of Parks; Transfer of Functions, Powers, Duties. – All of the functions, powers, duties, personnel, records and property of the division of parks are hereby transferred to the division of parks and recreation of the department of resources and economic development. Whenever reference is made to the division of parks in the statutes, it shall henceforth be construed to mean the division of parks and recreation.

Source. 1975, 146:5, eff. July 25, 1975.

Section 12-A:10-b Director of Parks and Recreation; Initial Appointment and Tenure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:10-b

12-A:10-b Director of Parks and Recreation; Initial Appointment and Tenure. – The director of the division of parks in office on the effective date of this section shall continue in office as director of the division of parks and recreation subject to the provisions of this chapter. His tenure and salary shall be as has been established for the director of the division of parks. All of the powers, duties and functions heretofore performed by the director of the division of parks pursuant to any provisions of the statutes shall henceforth be performed by the director of the division of parks and recreation subject to the provisions of this chapter. Wherever reference is made to the director of the division of parks, it shall henceforth be construed to mean the director, division of parks and recreation, department of resources and economic development.

Source. 1975, 146:5, eff. July 25, 1975.

Section 12-A:10-c Rewards.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:10-c

12-A:10-c Rewards. – The director of the division of parks and recreation may offer rewards for information leading to the recovery of stolen division property, or for information leading to the arrest and conviction of any person committing an act of vandalism or theft upon division property. All rewards offered under this section shall be subject to approval of the governor and council.

Source. 1992, 247:1, eff. July 12, 1992.

Section 12-A:11 Water Resources Board; Transfer as an Entity.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:11

12-A:11 Water Resources Board; Transfer as an Entity. – [Repealed 1986, 202:29, I, eff. Jan. 2, 1987.] Section 12-A:12 New Hampshire State Port Authority; Transfer as an Entity.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:12

12-A:12 New Hampshire State Port Authority; Transfer as an Entity. – [Repealed 1963, 181:3, eff. Aug. 23, 1963.] Section 12-A:13 Northern County Area Industrial Agent.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Section 12-A:13

12-A:13 Northern County Area Industrial Agent. – A special position shall be provided, in the office of industrial development of the division of economic development of the department of resources and economic development, to be known as area industrial agent for the counties of Coos, Grafton, and Carroll. The commissioner of the department of resources and economic development shall, subject to the personnel laws of the state, employ such area industrial agent for said counties, who shall be fully qualified by specific training and experience and who shall work under the supervision of the director of the industrial development office. He shall maintain his residence in one of said 3 counties and his duties shall be primarily concerned with, but not limited to, assisting the political subdivisions of the state, regional development organizations or groups, and individuals to maintain and expand existing industries and to encourage, assist, and aid new industries to establish operations in said Coos, Grafton and Carroll counties, and his efforts shall be directed to the economic development of said 3 counties.

Source. 1963, 291:1. 1967, 392:1. 1973, 140:10. 1975, 208:1, eff. Aug. 1, 1975.

Section 12-A:14 Industrial Agent for Areas of Unemployment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Recreational Package Plans

Section 12-A:17

12-A:17 Park Land in Town of Rye. – Notwithstanding any other provision of law to the contrary, the state shall not acquire, for the purpose of expanding or establishing any state park, any land in the town of Rye except land designated "tidal marsh'' by the national cooperative soil survey unless a public hearing shall have been held in the town of Rye.

Source. 1971, 500:1, eff. July 6, 1971.

Section 12-A:18 Coordination of Program.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Outdoor Recreation Planning Program

Section 12-A:18

12-A:18 Coordination of Program. – The personnel administering the outdoor recreation planning program, under the direction of the commissioner of the department of resources and economic development, shall coordinate the planning program with federal, interstate, state, regional, county and local government agencies, conservation commissions and private organizations and individuals, including formal agreements and contracts as necessary, and, when possible, utilize data from these agencies, commissions, organizations and individuals for the purpose of providing supportive information in application for federal funds.

Source. 1976, 54:4, eff. July 1, 1976.

Section 12-A:19 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Therapeutic Recreation Specialist

Section 12-A:19

    12-A:19 Definitions. – In this subdivision:
    I. "Therapeutic recreation'' means those activities and resources which aid in promoting worthy use of leisure time, pursuit of happiness, and fullness of life. Therapeutic recreation includes the instruction necessary for the development of social and living skills, physical and mental health, and cultural development.
    II. "Populations with special needs'' means individuals with physical, mental, emotional and/or sensory disabilities that impair or cause a loss of recreational opportunities.

Source. 1979, 253:2, eff. July 1, 1979.

Section 12-A:20 Therapeutic Recreation Specialist.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Therapeutic Recreation Specialist

Section 12-A:20

12-A:20 Therapeutic Recreation Specialist. – [Repealed 1995, 308:127, VI, eff. July 1, 1995.] Section 12-A:21 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Therapeutic Recreation Specialist

Section 12-A:21

    12-A:21 Duties. – The commissioner of resources and economic development is hereby authorized to establish a therapeutic recreation services program to serve the following purposes:
    I. To investigate and identify the therapeutic recreational needs of populations with special needs throughout the state;
    II. To collect, prepare and distribute therapeutic recreation resource material to populations with special needs;
    III. To furnish advice and consultation to all citizens and groups, etc. on specific problems or activities concerning therapeutic recreation for populations with special needs;
    IV. To advertise and promote therapeutic recreational opportunities for populations with special needs throughout the state and to support all local communities which provide recreation for citizens of populations with special needs;
    V. To provide professional guidance to local communities and groups with special needs, in establishing, promoting, conducting and financing therapeutic recreation programs and facilities for populations with special needs;
    VI. To provide information to all citizens and groups advocating the concept that individuals with special needs can live a meaningful life and utilize their skills and talents for the benefit of the community and themselves;
    VII. To recruit and train local leaders in communities throughout the state in procedures necessary for therapeutic recreation programs;
    VIII. To enhance and enrich the lives of individuals with special needs through organized recreation activities and promoting therapeutic recreation programs and opportunities for populations with special needs;
    IX. To work with other state, federal, and local agencies and all private and public organizations and other recreation interests in the promotion and development and financing of therapeutic recreation programs and opportunities for populations with special needs; and
    X. To coordinate efforts between county agencies, and local recreational departments within the same county to avoid duplication of services and to reinforce all therapeutic recreation efforts.

Source. 1979, 253:2, 1983, 422:10, eff. June 24, 1983.

Section 12-A:22 Director of Economic Development; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Director of Economic Development

Section 12-A:22

    12-A:22 Director of Economic Development; Duties. – The director of economic development, under the supervision of the commissioner of resources and economic development shall:
    I. Establish and maintain a data base on matters related to the economy of the state and its economic development.
    II. Plan, develop and administer programs to assist in the maintenance and expansion of existing industry and business in the state.
    III. Plan, develop and administer programs to encourage and promote the development of new industry and business in the state.
    IV. [Repealed.]
    V. Provide information and assistance to local and regional officials on matters related to economic development and encourage the establishment of local development plans and programs.
    VI. Research and analyze information on matters related to the economic development of the state to support and evaluate the effectiveness of promotional and assistance programs.
    VII. Prepare a written economic development program plan which integrates the various development programs and responsibilities assigned to the division. The program plan shall be consistent with the policies and priorities established in the state development plan required by RSA 9-A.
    VIII. Establish a small business innovation research support program pursuant to RSA 12-A:36.

[Paragraph IX repealed by 2000, 298:6 eff. July 1, 2004.]

IX. Develop and implement a telecommunications planning and development initiative pursuant to RSA 12-A:45.

Source. 1985, 270:3. 1986, 165:1, eff. July 27, 1986. 1998, 26:1, eff. June 20, 1998. 1999, 317:13, eff. July 1, 1999. 2000, 298:2, eff. July 1, 2000.

Section 12-A:23 New Hampshire Tourism Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Director of Economic Development

Section 12-A:23

    12-A:23 New Hampshire Tourism Policy. – It is the intent of the general court that all agencies and departments of state government and, specifically, the director of travel and tourism development, under the supervision of the commissioner of resources and economic development, shall implement their statutory responsibilities in a manner consistent with promoting and encouraging the orderly growth and development of tourism within the state. This policy shall include efforts to:
    I. Foster awareness and appreciation of New Hampshire's natural, historical, cultural, and scenic resources among its residents.
    II. Instill a better understanding among New Hampshire residents and also state employees of the importance of tourism to the state economy.
    III. Establish and maintain a data base on matters concerning state tourism research.
    IV. Encourage fairs, conventions, trade shows and other expositions of hospitality and friendliness toward visitors.
    V. Protect and preserve wildlife, natural resources and geological, archaeological, and cultural treasures within the state for the enjoyment of residents and nonresidents.
    VI. Support tourism by developing an essential tourism infrastructure, including, but not limited to, adequate highways and public transportation networks and facilities for the traveling public.
    VII. Encourage, assist, and coordinate, when possible, the tourism activities of local and regional promotional organizations.
    VIII. Encourage law enforcement personnel and personnel within the division of safety services to assist, whenever possible, the traveling public by providing them with a hospitable reception and appropriate information.
    IX. Ensure, when feasible, equal access by visitors and residents to public recreational resources.
    X. Ensure that the interest of tourism is fully considered by state agencies and the general court in its deliberations.
    XI. Harmonize, to the maximum extent, all state activities in support of tourism with the needs of the general public, the state and its political subdivisions, and the tourism industry. Any conflicts among the agencies and departments of the state in the implementation of their responsibilities under this section shall be referred to the council on resources and development established by RSA 162-C.

Source. 1986, 165:2, eff. July 27, 1986. 1999, 317:4, eff. July 1, 1999.

Section 12-A:24 State Ski Operations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

State Ski Operations

Section 12-A:24

12-A:24 State Ski Operations. – The director of parks and recreation shall be responsible for the management and operation of the state ski area at Cannon Mountain, as provided in RSA 216-A:2.

Section 12-A:28

12-A:28 Transfers Authorized; Ski Areas. – The commissioner of the department of resources and economic development may transfer funds for any specific purposes to funds for other purposes within and among the appropriations for the operation of Cannon Mountain. The commissioner shall report on a quarterly basis to the legislative fiscal committee and the governor and council all transfers accomplished under the provisions of this section. The provisions of this section shall not be subject to RSA 9:17-a and RSA 9:17-c.

Source. 1991, 40:1. 1995, 308:50, eff. July 1, 1995. 1998, 134:5, eff. June 10, 1998.

Section 12-A:29 Rate Differentials.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

State Ski Operations

Section 12-A:29

12-A:29 Rate Differentials. – The director, with the approval of the commissioner, may provide for differentials in rates, fees, and charges at state ski operations when the quality of a facility is poor due to such natural causes as inadequate snow, ice conditions, cold, rain, or other environmental or equipment problems or for the purpose of cooperative marketing or market experimentation.

Source. 1991, 40:1, eff. April 26, 1991.

Section 12-A:29-a Lease Agreement; Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

State Ski Operations

Section 12-A:29-a

    12-A:29-a Lease Agreement; Terms. – The department of resources and economic development shall develop a lease agreement which shall include the following terms in the event that the state enters into an agreement to lease Cannon Mountain or Mount Sunapee ski area, or both:
    I. The terms of the lease, including length, fee structure, methods used to determine the fee structure and to measure the amount of fees to be paid, and default conditions.
    II. The assets that would be included in the lease, i.e. what is included in the lease and what is not, how these assets would be transferred or sold to the lessee, determination of the value of the assets, and requirements to regularly value the assets.
    III. Investment requirements upon the lessee. The lease shall include provisions to ensure that the lessee shall prepare a master plan that fulfills an obligation to maintain and upgrade the assets on state land.
    IV. Environmental regulations and controls including:
       (a) Prototype regulations to preserve and protect state land which shall include but not be limited to:
          (1) Soils;
          (2) Water quality;
          (3) Wetlands;
          (4) Wildlife habitat;
          (5) Scenic and aesthetic qualities; and
          (6) Multi-seasonal recreational opportunities.
       (b) Procedures to follow when the lessee requests a permit to replace major equipment (such as a lift) or expand the ski area, cut new trails, increase snowmaking, or alter master planning requirements.
    V. (a) The role of the state in the on-going lease of the ski areas, including the state's regulatory authority and power.
       (b) The establishment of a prototype commission to oversee and administer the lease.
       (c) The operational responsibilities remaining with the state and how these responsibilities would interact with the lessee's responsibilities.
    VI. The disposition of employees employed by the ski areas including:
       (a) Transfers within the department or the state.
       (b) Offering employees the option of being bought out.

Source. 1996, 258:1, eff. June 10, 1996.

Section 12-A:29-b Cannon Mountain Advisory Commission.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

State Ski Operations

Section 12-A:29-b

    12-A:29-b Cannon Mountain Advisory Commission. –
    I. There is established an advisory commission which shall recommend capital improvements to the ski area and related state park facilities at Cannon Mountain.
    II. The members of the commission shall be as follows:
       (a) Three members appointed by the governor and council, each of whom shall have demonstrated a knowledge and capability in the field of ski area operations.
       (b) Three members appointed by the president of the senate; one may be a member of the private sector and at least 2 shall be senators, one of whom shall be the senator representing the district in which Cannon Mountain is located.
       (c) Three members appointed by the speaker of the house of representatives; one shall be a representative from a district within the White Mountain region, one shall be a member of the house resources, recreation and development committee, and one may be a member of the private sector.
       (d) The state treasurer, who shall serve as an ex officio member.
    III. The commission shall elect a chairperson from its membership, and any other officers it deems necessary. The terms of the elected members of the commission shall be coterminous with their terms in office; the terms of all other appointed members shall be 3 years. In the event of a vacancy, a new member shall be appointed for the unexpired term in the same manner as the original appointment.
    IV. Members of the commission shall serve without compensation. Members shall receive mileage at the legislative rate when attending to the duties of the commission.
    V. The commission shall make recommendations for capital improvements for the ski area and related state park facilities at Cannon Mountain to the commissioner of resources and economic development. The commission shall review the servicing of debt obligations relating to the Cannon Mountain capital improvement fund prior to making any such recommendations. Recommendations approved by the commissioner shall be submitted by the commissioner to the capital budget overview committee. Recommendations approved by the capital budget overview committee shall be submitted to the governor and council for final approval. Notwithstanding any other provision of law, recommendations may be implemented upon final approval, pursuant to solicited requests for proposals. Funding for capital improvements shall be from the Cannon Mountain capital improvement fund established by RSA 12-A:29-c.

Source. 1998, 134:11, eff. June 10, 1998.

Section 12-A:29-c Cannon Mountain Capital Improvement Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

State Ski Operations

Section 12-A:29-c

    12-A:29-c Cannon Mountain Capital Improvement Fund. –
    I. There is established a nonlapsing revolving fund to be known as the Cannon Mountain capital improvement fund in the department of resources and economic development. The revolving fund shall be used for capital improvements for the ski area and related state park facilities at Cannon Mountain.
    II. All income from the lease of the state ski area at Mount Sunapee shall be deposited into the fund and may not be diverted for any other purpose.
    III. The commissioner of resources and economic development shall submit a report detailing the activities of the revolving fund annually to the governor and council and the fiscal committee within 60 days of the close of each fiscal year.

Source. 1998, 134:11, eff. June 10, 1998.

Section 12-A:30 Advisory Committee on International Trade.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

International Trade Promotion

Section 12-A:30

    12-A:30 Advisory Committee on International Trade. –
    I. There is established an advisory committee on international trade. The advisory committee shall assist the commissioner of resources and economic development in carrying out the duties assigned under RSA 12-A:2-h. The advisory committee shall:
       (a) Provide a mechanism for the private sector to advise the public sector of its needs on an ongoing basis.
       (b) Disseminate information among public and private sector units interested in fostering increased international trade activity in New Hampshire.
       (c) Provide for ongoing measurement of progress of state agencies involved in promoting international trade.
       (d) Provide coordination to maximize existing limited resources available in New Hampshire for international trade.
       (e) Provide for ongoing measurement of, and report on, the effect of international business on New Hampshire's economy.
       (f) Annually report its findings on the effects of international business trade under subparagraph (e) to the senate energy and economic development committee, the house commerce committee, the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
    II. The advisory committee shall consist of the following members:
       (a) One senator, appointed by the senate president.
       (b) One house member, appointed by the speaker of the house.
       (c) The governor or his designee.
       (d) The commissioner of the department of resources and economic development or designee.
       (e) A representative of the U.S. Small Business Administration, appointed by that organization.
       (f) A representative of the Business and Industry Association of New Hampshire who has experience in the area of international trade, appointed by that association.
       (g) The director of the Pease development authority, division of ports and harbors or designee.
       (h) A representative of the New Hampshire Association of Commerce and Industry who has experience in the area of international trade, appointed by that organization.
       (i) A representative of the New Hampshire International Trade Association with experience in the area of international trade, appointed by that association.
       (j) A representative of the New Hampshire Bankers Association with experience in the area of international trade, appointed by that association.
       (k) The director of the Pease development authority or designee.
       (l) The director of the New Hampshire Small Business Development Center or designee.
       (m) A representative of the U.S. Department of Commerce, International Trade Administration, appointed by such department.
       (n) A representative of the academic community, appointed by the governor and council.
       (o) A representative of organized labor, appointed by the governor and council.
       (p) A representative of the New Hampshire High Technology Council who has experience in the area of international trade, appointed by that organization.
       (q) A representative of the Software Association of New Hampshire who has experience in the area of international trade, appointed by that organization.
       (r) The director of the Manchester airport or designee.
       (s) One or more representatives of the business community selected by the advisory committee on international trade to represent the interest of that community in the area of international business development.

Source. 1991, 260:3, eff. Aug. 9, 1991. 2001, 151:1, eff. Aug. 28, 2001; 290:4, eff. July 1, 2001. 2002, 34:1, eff. June 7, 2002.

Section 12-A:31 International Trade Promotion Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

International Trade Promotion

Section 12-A:31

12-A:31 International Trade Promotion Fund. – There is hereby established in the office of the state treasurer a fund to be known as the international trade promotion fund. The commissioner of resources and economic development is authorized to accept public sector and private sector grants, gifts or donations of any kind for the purpose of funding programs associated with the promotion of international trade. Such grants, gifts and donations shall be deposited in the international trade fund and may be expended by the commissioner of resources and economic development to accomplish the purposes of RSA 12-A:2-h. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the department of resources and economic development.

Source. 1991, 260:3, eff. Aug. 9, 1991.

Section 12-A:32 Economic Development Matching Grants Program.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Economic Development Matching Grants Program

Section 12-A:32

    12-A:32 Economic Development Matching Grants Program. – An economic development matching grants program is established to assist municipalities and counties in promoting themselves to prospective businesses. For the purposes of this subdivision, "program' means the economic development matching grants program.
    I. The department of resources and economic development shall administer an economic development matching grants program in cooperation with a program screening committee. The funds appropriated for this program shall be expended for grants for programs entered into by municipalities, counties, and organizations which are designed to promote the location of new businesses in the state of New Hampshire or to encourage workforce recruitment efforts.
    II. (a) The screening committee shall consist of the director of the division of economic development and 6 other members appointed as follows:
          (1) One member appointed by the governor and council upon nomination by the commissioner of resources and economic development.
          (2) Two members appointed by the governor and council upon nomination by the New Hampshire Municipal Association.
          (3) Three members appointed by the governor and council upon nomination by the New Hampshire Association of Commerce and Industry.
       (b) Members, other than the director of the division of economic development, shall serve for a term of 3 years and until their successors are appointed and qualified.
    III. The screening committee shall elect its own chairman. Members may designate an alternate with the approval of the chairman. A majority of the members of the committee or their alternates shall constitute a quorum.
    IV. Members of the screening committee shall not be compensated; however, the commissioner of resources and economic development may set aside up to one percent of the funds appropriated for the program in any fiscal year to reimburse committee members for their direct expenses associated with the program. The commissioner shall review and approve all requests for reimbursement.
    V. Funds appropriated to the program shall only be made available to municipalities, counties, and organizations as may be certified by the screening committee with the approval of the commissioner of the department of resources and economic development.
    VI. Grant awards shall require 50 percent matching funds from other sources. Grants shall not be used for the administrative salaries or overhead expenses of any applicant selected for a grant. Grants may be used for workforce recruitment efforts and related travel costs.
    VII. Grant applications shall be reviewed by the screening committee which shall recommend approval or disapproval of applications to the commissioner of resources and economic development. A recommendation for disapproval by the screening committee or the commissioner shall be in writing with the reasons for disapproval stated.
    VIII. Funds appropriated for the program for the first fiscal year of any biennium shall not lapse and shall be available for expenditure during the second fiscal year of the biennium. All funds which have not been expended by the end of the second fiscal year of a biennium shall lapse to the general fund.
    IX. The commissioner of resources and economic development shall, with the advice of the screening committee, adopt rules under RSA 541-A after public hearing governing the program. These rules shall include:
       (a) A description of the program, stating the general course and method of its operations and the methods by which the proposed grantee may obtain proposes grantee information or make submissions or requests.
       (b) The procedures and criteria used to certify municipalities, counties, and organizations eligible for matching grants.
       (c) The application process, including the information required of applicants.
       (d) The procedures and criteria used to evaluate grant applications.
       (e) Procedures for the administration of grants by recipients including reporting requirements.

Source. 1993, 328:2. 1995, 285:4-6, eff. Aug. 20, 1995. 2001, 125:1-4, eff. Aug. 27, 2001.

Section 12-A:33 Reports on Economic Development Program Loans and Grants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Reports on Economic Development Loans and Grants

Section 12-A:33

    12-A:33 Reports on Economic Development Program Loans and Grants. –
    I. The department of resources and economic development shall include, as part of its annual report or as a separate report published and made available to the public annually on or before September 1, beginning September 1, 1997, the following information regarding each economic development program for which state grants and loans have been awarded:
       (a) Information regarding the number of jobs to be created or saved as a result of the award, and the related wages and benefits levels.
       (b) The growth potential of the program.
       (c) The environmental impact of the program.
       (d) The amount of the loan, grant, loan guarantee, bond guarantee, or tax incentives awarded.
    II. The annual report shall also include information regarding the criteria for the awarding of economic development assistance and the means by which the department tracks the progress which each awardee makes in meeting the job, wage, and benefit projections included in its application for assistance.

Source. 1996, 189:2, eff. Aug. 2, 1996.

Section 12-A:34 Review of Reports Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Reports on Economic Development Loans and Grants

Section 12-A:34

12-A:34 Review of Reports Required. – For the purpose of ensuring comparability of impact reports on economic development programs issued under RSAs 4-C:6-a, 12-A:33, 12-G:30, and 162-A:23-a, the department of resources and economic development, in consultation with the legislative budget assistant, shall periodically review such reports at least once every 5 years and make recommendations to be utilized by the agencies making such reports for an improved and consistent methodology for assessing the quantity and quality of jobs created and saved and the growth potential and environmental impacts of such programs. This section shall not apply to promotional literature.

Source. 1996, 189:2, eff. Aug. 2, 1996. 2001, 290:5, eff. July 1, 2001.

Section 12-A:35 Limitation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Reports on Economic Development Loans and Grants

Section 12-A:35

12-A:35 Limitation. – This subdivision shall not apply to state loans or state loan guarantees of less than $250,000, or to state grants of less than $50,000.

Source. 1996, 189:2, eff. Aug. 2, 1996.

Section 12-A:36 Small Business Innovation Research Support.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Small Business Innovation Research Support

Section 12-A:36

12-A:36 Small Business Innovation Research Support. – The director of economic development, under the supervision of the commissioner of resources and economic development and pursuant to the director's duties under RSA 12-A:22, shall establish a small business innovation research support program.

Source. 1998, 26:2, eff. June 20, 1998.

Section 12-A:37 Recognition of Federal Grant Recipients.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Small Business Innovation Research Support

Section 12-A:37

12-A:37 Recognition of Federal Grant Recipients. – The director may issue a suitable plaque to New Hampshire residents that receive federal small business innovation research grants recognizing their achievement. The director shall also recommend that the governor issue a letter of commendation to all such recipients.

Source. 1998, 26:2, eff. June 20, 1998.

Section 12-A:38 Matching Grants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Small Business Innovation Research Support

Section 12-A:38

12-A:38 Matching Grants. – The director may recommend to the review committee established in RSA 12-A:2-f that first-time federal grant recipients recognized under RSA 12-A:37 receive a grant from the New Hampshire economic development fund of up to $50,000 to match the federal support received.

Source. 1998, 26:2, eff. June 20, 1998.

Section 12-A:39 Seminars.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Small Business Innovation Research Support

Section 12-A:39

12-A:39 Seminars. – The director may organize an annual seminar to promote and explain the small business innovation research program to members of the public. Participants in the seminar shall include previous grant recipients and representatives of relevant state agencies as determined by the director.

Source. 1998, 26:2, eff. June 20, 1998.

Section 12-A:40 Grant Information.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Small Business Innovation Research Support

Section 12-A:40

12-A:40 Grant Information. – The director shall compile information relative to applying for federal small business innovation research grants, including the names of appropriate federal officials. The director shall make the information available on an Internet site created for such purpose.

Source. 1998, 26:2, eff. June 20, 1998.

Section 12-A:41 Commission Established; Members; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

New Hampshire Film and Television Commission

Section 12-A:41

12-A:41 Commission Established; Members; Duties. – [Repealed 1998, 179:4, eff. June 1, 2001.] Section 12-A:41-a Commission Established; Members; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

New Hampshire Film and Television Commission

Section 12-A:41-a

    12-A:41-a Commission Established; Members; Duties. –
    I. There is established a New Hampshire film and television commission within the division of travel and tourism development, department of resources and economic development. The purposes of the commission shall be:
       (a) To promote the economic development of the film and television industry in New Hampshire.
       (b) To promote the utilization of location sites by the film and television industry in the state of New Hampshire.
       (c) To increase the use of New Hampshire hotels, restaurants, and local businesses by visiting film and television production companies.
    II. The commission shall:
       (a) Identify opportunities for activities related to the film and television industries.
       (b) Recommend both long-range and short-term programs that will result in economic gain for the state.
       (c) Educate state, local, and private officials and organizations regarding the benefits and rewards that can result from increased development of this industry.
       (d) Secure sites, as appropriate, within the state suitable for filming by the motion picture industry, the television industry, independent film producers, and other filmmakers.
    III. The members of the commission, all of whom, except for the commissioner of the department of cultural resources or designee, shall be appointed by the commissioner of the department of resources and economic development, shall be as follows:
       (a) Three individuals representing the film and television industry.
       (b) Two members of the general public with an interest in the film industry.
       (c) The commissioner of the department of resources and economic development, or designee, and the commissioner of the department of cultural resources, or designee, who shall serve as ex officio members of the commission.
    IV. Except for the commissioners of resources and economic development and of cultural resources or their designees, the term of office for the members shall be 3 years and until a successor is appointed. The initial members of the commission shall serve staggered terms. Vacancies shall be filled in the same manner and for the unexpired terms. The members of the commission shall serve without compensation, but shall be reimbursed for necessary travel and other necessary expenses.
    V. The members shall annually elect a person from among its membership to act as chairperson.
    VI. The department of resources and economic development shall cooperate with the commission and shall provide necessary information and staff support.

Source. 2002, 39:1, eff. Apr. 19, 2002.

Section 12-A:42 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

New Hampshire Film and Television Commission

Section 12-A:42

12-A:42 Rulemaking. – [Repealed 1988, 179:4, eff. June 1, 2001.] Section 12-A:43 Director of Travel and Tourism Development; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Travel and Tourism

Section 12-A:43

    12-A:43 Director of Travel and Tourism Development; Duties. – The director of travel and tourism development, under the supervision of the commissioner of resources and economic development and consistent with the New Hampshire tourism policy under RSA 12-A:23, shall:
    I. Promote New Hampshire as a domestic and international travel destination in order to increase visitation and travel expenditures, business activity, and employment throughout the state.
    II. Develop and administer programs to encourage and promote the development of the tourism industry in the state.
    III. Provide information and assistance to local and regional officials on matters related to travel and tourism and encourage the development of locally coordinated programs.
    IV. Encourage partnerships among the tourism industry, business and industry, and state and local officials to expand the state's travel promotion strategy.
    V. Raise the perception of travel and tourism in the minds of New Hampshire residents, businesses, and government.
    VI. Conduct research to measure the effectiveness of promotional programs.
    VII. Ensure that New Hampshire maintains a high quality tourism experience for the visitor by working with the travel industry on ways to utilize natural, historical, cultural, and recreational attractions and facilitating statewide activities which can be used as resources by the travel industry.

Source. 1999, 317:6, eff. July 1, 1999.

Section 12-A:43-a Travel and Tourism Development Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Travel and Tourism

Section 12-A:43-a

    12-A:43-a Travel and Tourism Development Fund. –
    I. There is hereby established in the office of the state treasurer a fund to be known as the travel and tourism development fund. Any appropriations received shall be deposited in the fund. Moneys in the fund and any interest earned on the fund shall be used for the purpose of promoting and developing appropriate travel and tourism initiatives through the division of travel and tourism development and shall not be used for any other purpose. The director of travel and tourism development shall oversee expenditures from the fund. The moneys in the fund shall be non-lapsing and shall be continually appropriated to the department of resources and economic development.
    II. The commissioner of resources and economic development shall prepare an annual report to be presented no later than December 1 of each year to the president of the senate, the speaker of the house of representatives, and the governor and council, and filed with the state library. The report shall detail the specific activities supported by, and expenditures from, the fund during the past year.

Source. 2001, 158:3, eff. July 1, 2001.

Section 12-A:44 Advisory Committee on Travel and Tourism.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Travel and Tourism

Section 12-A:44

    12-A:44 Advisory Committee on Travel and Tourism. –
    I. There is established an advisory committee on travel and tourism to recommend ideas and provide input to the division of travel and tourism development. The committee shall provide a mechanism for the private sector to advise said division of trends and needs and to disseminate information among public and private sector units interested in fostering travel and tourism throughout the state. The committee members shall act as advocates and work to educate businesses, citizens, and communities on the benefits of travel and tourism.
    II. The advisory committee shall consist of the director of the division of travel and tourism development, 3 individuals at-large having an interest in travel and tourism, and an individual representing each of the following:
       (a) Chambers of commerce.
       (b) Regional and/or statewide trade associations.
       (c) Lodging.
       (d) Food and beverage.
       (e) Recreation.
       (f) Attractions.
       (g) Camping.
       (h) Culture, arts, and history.
       (i) Environment and wildlife.
       (j) Retail industry.
       (k) Transportation.
       (l) Education.
    III. The members of the committee shall be nominated by the commissioner of the department of resources and economic development and appointed by the governor and executive council for a term of 3 years and until their successors are appointed and qualified. No member of the committee other than the director of travel and tourism development shall serve more than 2 consecutive terms. Geographic diversity shall be maintained.
    IV. The committee shall elect its own chairperson and shall meet on a quarterly basis. Members of the committee shall not be compensated.

Source. 1999, 317:6, eff. July 1, 1999.

Section 12-A:45 Telecommunications Planning and Development Initiative.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Telecommunications Planning and Development

Section 12-A:45

[RSA 12-A:45 repealed by 2000, 298:6 effective July 1, 2004.]     12-A:45 Telecommunications Planning and Development Initiative. –
    I. (a) The director of economic development, under the supervision of the commissioner of resources and economic development and pursuant to the director's duties under RSA 12-A:22, shall develop and implement a telecommunications planning and development initiative which will result in a telecommunications development plan to be adopted and revised regularly by the telecommunications planning and development advisory committee.
       (b) As primary duties of this initiative, the director shall:
          (1) Identify existing telecommunications infrastructure by establishing and maintaining a database of telecommunications service providers, services, and infrastructure that exist throughout the state.
          (2) Publicize the state's telecommunications infrastructure, as an integral part of the state's economic development efforts, by planning, developing, administering, and implementing programs to assist in the distribution of information about available telecommunications services, infrastructure, and technologies throughout all parts of the state.
       (c) As secondary duties of this initiative, the director shall:
          (1) Identify shortcomings in the deployment of telecommunications infrastructure throughout all parts of the state.
          (2) Work with providers of telecommunications services, educators, and municipal, county, state, and other government officials to assist efforts to enhance the deployment of telecommunications services.
    II. The director may delegate any of the duties established in paragraph I to appropriate designees within the division of economic development.
    III. The budget for the fiscal year ending June 30, 2001 for the duties of this subdivision shall not exceed $150,000. The budget for subsequent fiscal years shall be considered in the division of economic development's operating budget.

Source. 2000, 298:3, eff. July 1, 2000.

Section 12-A:46 Telecommunications Planning and Development Advisory Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Telecommunications Planning and Development

Section 12-A:46

[RSA 12-A:46 repealed by 2000, 298:6 effective July 1, 2004.]     12-A:46 Telecommunications Planning and Development Advisory Committee. –
    I. There is hereby established a telecommunications planning and development advisory committee to advise and assist the director of economic development in performing the duties established in RSA 12-A:45. The committee shall meet at least quarterly.
    II. The members of the committee shall be:
       (a) The governor, or designee;
       (b) The commissioner of resources and economic development, or designee;
       (c) The commissioner of administrative services, or designee, preferably from the division of information technology management;
       (d) The chairman of the public utilities commission, or designee;
       (e) One member of the house of representatives, appointed by the speaker of the house of representatives;
       (f) One member of the senate, appointed by the president of the senate; and
       (g) The following persons nominated by the commissioner of resources and economic development and appointed by the governor and council:
          (1) One member representing residential telecommunications customers;
          (2) One member representing large business telecommunications customers;
          (3) One member representing small business telecommunications customers;
          (4) One member representing educators providing distance learning;
          (5) One member representing municipal government;
          (6) One member representing county government;
          (7) One member representing a regional economic development organization or a regional planning commission; and
          (8) Up to 5 members representing several of the following sectors of the telecommunications industry: wireless, paging, incumbent local exchange carriers, competitive local exchange carriers, internet service providers, cable, long distance providers, and broadcast television. A member representing one sector may also represent one or more other sectors, as deemed appropriate by the commissioner.
    III. The legislative members of the committee shall serve for the duration of their legislative term, and shall receive mileage at the legislative rate when attending to the duties of the committee.
    IV. Other appointed members of the committee shall serve for 3 years and until a successor is appointed.
    V. The committee shall elect a chairperson from among the members.

Source. 2000, 298:3, eff. July 1, 2000.

Section 12-A:47 Telecommunications; Statutory Construction.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Telecommunications Planning and Development

Section 12-A:47

[RSA 12-A:47 repealed by 2000, 298:6 effective July 1, 2004.] 12-A:47 Telecommunications; Statutory Construction. –
For purposes of this subdivision, "telecommunications'' shall be construed broadly, and shall include, but not be limited to, traditional dial tone services, the transmission of voice, data, or video through cable and wireless media, and any other similar services to be offered in the future.

Source. 2000, 298:3, eff. July 1, 2000.

Section 12-A:48 Authority of Director to Acquire Information.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Telecommunications Planning and Development

Section 12-A:48

[RSA 12-A:48 repealed by 2000, 298:6 effective July 1, 2004.] 12-A:48 Authority of Director to Acquire Information. –
The director of economic development is authorized to request from telecommunications service providers such information as the director requires to perform the duties established in RSA 12-A:45.

Source. 2000, 298:3, eff. July 1, 2000.

Section 12-A:49 Confidentiality.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-A
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Telecommunications Planning and Development

Section 12-A:49

[RSA 12-A:49 repealed by 2000, 298:6 effective July 1, 2004.] 12-A:49 Confidentiality. –
Information provided to the director pursuant to a request made under RSA 12-A:48 shall, if properly demonstrated by the provider of the information, be deemed confidential, commercial, or financial information and exempt from public disclosure under RSA 91-A:5, IV. Nothing in this section shall prohibit the director from disclosing information provided pursuant to a request made under RSA 12-A:48 in a manner that does not specifically identify the provider.

Source. 2000, 298:3, eff. July 1, 2000.

Section 12-B:1 Purpose and Definition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-B
COMMUNITY RECREATION SERVICE

Section 12-B:1

12-B:1 Purpose and Definition. – The purpose of this chapter shall be to provide, upon request, to the municipalities and other political subdivisions of the state and to non-governmental organizations, assistance in the development of wholesome and adequate recreation, and recreation, for the purpose of this chapter, is defined to mean those activities and interests which provide a diversification of occupation and which aid in promoting worthy use of leisure time, pursuit of happiness, satisfaction, recreative enjoyment, fullness of life, relaxation, instruction and education, physical and mental health, and cultural developments and experiences of a leisure-time nature.

Source. 1965, 259:1, eff. July 1, 1965.

Section 12-B:2 Director of Community Recreation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-B
COMMUNITY RECREATION SERVICE

Section 12-B:2

12-B:2 Director of Community Recreation. – There is hereby established the position of director of community recreation in the department of resources and economic development. The commissioner of resources and economic development shall appoint a director of community recreation who shall meet the minimum qualifications necessary to be classified as a professional recreator under the voluntary registration plan of the New Hampshire Recreation Society. This shall be a classified position within the state classification system. The director shall receive compensation commensurate with salaries paid to comparable competitive positions in the other New England states as determined by the department of personnel.

Source. 1965, 259:1, eff. July 1, 1965.

Section 12-B:3 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-B
COMMUNITY RECREATION SERVICE

Section 12-B:3

    12-B:3 Duties. – It shall be the duty of the director of community recreation:
    I. To provide guidance to local communities, on request, in establishing, organizing, promoting, conducting, and financing recreation programs.
    II. To provide suggestions to local communities, on request, on facility development, in-service training of employees, utilization of local and state resource material and personnel.
    III. To co-operate with state and federal agencies, private membership groups, and with commercial recreational interests, in the promotion of recreational opportunities.
    IV. To make available suggestions whereby the various service and civic groups in the state can provide recreation services and donations to recreation projects on a sound and coordinated basis.
    V. To encourage local communities to provide for appropriate recreation for the ill and disabled.
    VI. To provide suggestions whereby our senior citizens can live a meaningful life and utilize their skills and talents for the benefit of the community and themselves.
    VII. To study and appraise recreational needs of the state and to assemble and disseminate information relative to recreation.
    VIII. To aid in recruiting, training, and placing recreation workers, and promote recreation institutes and conferences.
    IX. To establish and promote recreational standards.
    X. To submit an annual report of his activities.

Source. 1965, 259:1. 1990, 140:2, X, eff. June 18, 1990.

Section 12-B:4 Highway Bicycle Paths or Trails.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-B
COMMUNITY RECREATION SERVICE

Section 12-B:4

12-B:4 Highway Bicycle Paths or Trails. – The director of community recreation is authorized to designate with the approval of the commissioner of transportation and the commissioner of resources and economic development certain class I, II, III and IV highways as appropriate bicycle paths or trails as defined by RSA 230:74, IV. He shall consult with the commissioner of transportation or his designee and with such other state and local groups as he deems appropriate in designating such highway bicycle paths or trails.

Source. 1973, 569:1. 1981, 337:7, eff. Aug. 16, 1981.

Section 12-B:5 Path or Trail Map.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-B
COMMUNITY RECREATION SERVICE

Section 12-B:5

12-B:5 Path or Trail Map. – The director of community recreation shall prepare and print a map and other literature which will describe the bicycle paths or trails designated pursuant to the provisions of RSA 12-B:4 and will provide other information of use to bicyclers.

Source. 1973, 569:1. 1981, 337:8, eff. Aug. 16, 1981.

Section 12-C:1 Compact Authorized.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:1

12-C:1 Compact Authorized. – The Maine-New Hampshire Commission on Oceanography is hereby enacted into law and entered into with the State of Maine provided the State of Maine legally joins therein in the form substantially as follows:

Maine-New Hampshire Commission on Oceanography

Article I. Findings

Maine and New Hampshire are by virtue of geographic location and other characteristics ocean oriented commercially; the population of both states contributes substantially to the strength and security of the United States on and under the ocean; one of the largest continental shelf areas of the United States lies off the shores of Maine and New Hampshire; the resources of the Gulf of Maine and the ocean can provide a source of great economic growth; Maine and New Hampshire's educational, industrial, commercial and scientific interests have been mutually pursuing ocean oriented activity; and the increased use of these facilities and resources requires coordination and planning between the States of Maine and New Hampshire. To this end, it is the intent of this compact to establish and provide for a bi-state commission on oceanography and hydrospace.

Article II. Purpose

It is the purpose of this compact to provide, in the States of Maine and New Hampshire, improved facilities and procedures for the expansion, coordination and implementation of the policies, programs, and activities of interstate significance in the Maine-New Hampshire region in the field of oceanography and hydrospace including, but not limited to the physical, social, economic, educational and scientific aspects related directly or indirectly thereto; to study, investigate and plan appropriate activities with respect to the coordination, development, expansion, and implementation of every phase of oceanography and hydrospace; to provide means by which interstate conflicts may be resolved; and to provide procedures for interstate coordination of the interests of all public and private agencies, persons and entities in the fields covered by this compact and to provide an organization to carry out the purposes of this compact.

Article III. Creation of Commission

There is hereby created the Maine-New Hampshire Commission on Oceanography, hereinafter called the commission.

Article IV. Membership

The commission shall consist of 6 members from each party state to be appointed and to serve, in accordance with and subject to the laws of the state which they represent. The members of the commission shall consist of persons who are representative of the fields of industry, education, commerce, and government.

Article V. Functions

    To carry out the purpose of this compact it shall be the responsibility of the commission to prepare studies and plans, and to recommend procedures and sponsor programs to implement, coordinate, develop and expand all activities directly or indirectly related to the fields of oceanography and hydrospace in all areas of Maine and New Hampshire or areas that may affect these states; and these activities may include but are not limited to the following:
       (1) Collection and interpretation of basic data.
       (2) Investigation, planning, and programming (including scheduling) of projects of interstate or regional significance.
       (3) Planning and scheduling of governmental services and programs which would be of assistance to the orderly growth and prosperity of the region, and to the well-being of its population in the fields of oceanography and hydrospace.
       (4) Encouraging of the referral of plans or proposals for projects and programs of interstate or regional significance to the commission.
       (5) Studying and recommending means for the most effective utilization of such federal assistance as may be available on a regional basis or as may have an interstate or regional impact.
       (6) Assisting the party states, or either of them, in cooperative undertakings with the federal government or any agencies thereof.
       (7) Assisting and advising industry, governmental agencies and schools in the development and expansion of programs related to or associated with oceanography or hydrospace.
    To avoid duplication of effort and in the interests of economy, the commission shall make use of existing studies, surveys, plans, data, and other materials in the possession of the governmental agencies of the party states and their respective subdivisions or in the possession of other interstate agencies. Each such agency, within available appropriations and if not expressly prevented or limited by law, is hereby authorized to make such materials available to the commission and to otherwise assist it in the performance of its functions. At the request of the commission each such agency is further authorized to provide the commission with information regarding plans and programs affecting the Maine-New Hampshire region so that the commission may have available to it current information with respect thereto.
    The commission shall use qualified public and private agencies to make investigations and conduct research, but if it is unable to secure the undertaking of such investigations or original research by a qualified public or private agency, it shall have the power to make its own investigations and to conduct its own research. The commission may make contracts with any public or private agencies or private persons or entities for the undertaking of such investigations or original research within its purview.
    The officers and personnel or agencies of the party states, and of any other government or agency whatever, or private citizens, or representatives of private organizations, may serve at the request of the commission upon such advisory committees as the commission may determine to create; and such officers and personnel of any such government or agency, may serve upon its committees without forfeiture of office or employment and with no loss or diminution in the status, rights and privileges which they otherwise enjoy.

Article VI. Cooperation with the Federal Government and Other Governmental Agencies

Each party state is hereby authorized to participate in cooperative or joint undertakings with the federal government, any appropriate agency or agencies thereof, or with any interstate agency or agencies. Such participation shall be at the instance of the governor or in such other manner as state laws may provide or authorize. The commission shall facilitate the work of state representatives in any joint interstate or cooperative federal-state undertaking authorized by this Article, and each state shall keep the commission advised of its activities in respect of such undertakings, to the extent that they have interstate or regional significance.

Article VII. Meetings and Voting

The commission shall meet at least once every 90 days. No action of the commission shall be binding unless taken at a meeting at which a majority of the commission members are present and a majority of the total number of votes on the commission are cast in favor thereof; provided that any action not binding by reason of failure to meet this requirement may be ratified within 30 days by the concurrence in writing of a majority of the commission members.
Any member who does not attend at least one meeting in any 6 month period shall forfeit his position on the commission.

Article VIII. Finances

    A. The commission shall submit to the governor or designated officer of each party state a budget including a statement of all funds expected to be available to the commission and their sources and, a request for an appropriation to cover that state's share of expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
    B. With due regard for such monies and other assistance as may be made available to it, the commission shall be provided with such funds by each of the states participating therein to provide the means of establishing a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the commission.
    With due allowance for monies otherwise available, each budget of the commission shall be the responsibility of the party states, to be apportioned equally between them.
    C. The commission shall not pledge the credit of either jurisdiction. The commission may meet any of its obligations in whole or in part with funds available to it under Article IX(E) of this compact, provided that the commission takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in such manner.
    D. The members of the commission shall be paid by the commission their actual expenses incurred and incidental to the performance of their duties, subject to the approval of the commission.
    E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited by a qualified public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.
    F. The accounts of the commission shall be open at any reasonable time for inspection by such agency, representative or representatives of the jurisdictions which appropriate funds to the commission.

Article IX. Administration and Management

    A. The commission may sue and be sued and shall have a seal.
    B. The commission shall elect annually, from among its members, a chairman, vice-chairman and treasurer. The chairman and vice-chairman shall not be from the same state. The commission shall appoint an executive director who shall act as secretary, and together with the treasurer, shall be bonded in such amounts as the commission may require.
    C. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of its functions irrespective of any civil service laws or state personnel regulations which might otherwise apply. The commission may establish and maintain, independently by contract or agreement with either of the party states, suitable retirement programs for its employees. Employees of the commission shall be eligible for social security coverage in respect to old age and survivors insurance provided that the commission takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the commission terms and conditions of employment similar to those enjoyed by employees of the party states generally.
    D. The commission may borrow, accept or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any intergovernmental agency, or from any institution, person, firm, or corporation.
    E. The commission may accept for any of its purposes and functions under this compact any and all appropriations, donations, and grants or money, equipment, supplies, materials and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or intergovernmental agency, or any institution, person, firm or corporation, and may receive, utilize and dispose of the same.
    F. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.
    G. The commission may adopt, amend and rescind bylaws, rules and regulations for the conduct of its business.
    H. The commission shall make and transmit annually, to the legislature and governor of each party state, a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been adopted by the commission. The commission may issue such additional reports as it may deem desirable.

Article X. Other Compacts and Activities

Nothing in this compact shall be construed to impair, or otherwise affect the jurisdiction of any interstate agency in which either party state participates nor to abridge, impair or otherwise affect the provisions of any compact to which any one or more of the party states may be a party, nor to supersede, diminish or otherwise affect any obligation assumed under any such compact; nor shall anything in this compact be construed to discourage additional interstate compacts by the party states or the establishment of intergovernmental agencies in sub-areas of the region. Nothing in this compact shall be construed to limit the jurisdiction or activities of any participating government, agency, or officer thereof, or any private person or agency.

Article XI. Enactment

This compact shall become effective when entered into and enacted into law by both the state of Maine and the state of New Hampshire.

Article XII. Withdrawal

This compact shall continue in force and remain binding upon each party state until renounced by it. Renunciation of this compact must be preceded by sending 3 year's notice in writing of intention to withdraw from the compact to the governor of the other state party hereto.

Article XIII. Construction and Severability

The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby. It is the legislative intent that the provisions of this compact be reasonably and liberally construed.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-C:2 Members of Commission.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:2

12-C:2 Members of Commission. – The members of the Maine-New Hampshire Commission on Oceanography who represent this state thereon shall be appointed by the governor with the advice and consent of the council. The term of office of each shall be for 6 years. For the first appointments of the commission, 2 shall be appointed for 2 years; 2 shall be appointed for 4 years; and 2 shall be appointed for 6 years.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-C:3 Retirement System.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:3

12-C:3 Retirement System. – The Maine-New Hampshire Commission on Oceanography may, by resolution legally adopted in form approved by the board of trustees of the state employees' retirement system, elect to have its New Hampshire officers and employees become eligible to participate in the state employees' retirement system. After such election, said commission shall be known as an employer for the purposes of RSA 100. The board of trustees of the state employees' retirement system shall set a date when the participation of the officers and employees of the commission shall become effective, and then such officers and employees may become members of the state employees' retirement and participate therein.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-C:4 Membership Retirements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:4

12-C:4 Membership Retirements. – Membership in the state employees' retirement system shall be optional for the New Hampshire officers and employees of said commission who are in its service on the date when participation becomes effective and any such officer or employee who elects to join said system shall be entitled to a prior service certificate covering such periods of previous service rendered to such commission or the state for which the commission is willing to make accrued liability contributions. Membership shall be compulsory for all New Hampshire employees entering the service of the commission after the date participation becomes effective.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-C:5 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:5

12-C:5 Reports. – The chief fiscal officer of the commission shall submit to the board of trustees such information and shall cause to be performed, with respect to the New Hampshire employees of said commission who are members of said retirement system, such duties as shall be prescribed by the board of trustees in order to carry out the provisions of the state employees' retirement system.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-C:6 Repeal of Compact.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-C
MAINE-NEW HAMPSHIRE COMMISSION ON OCEANOGRAPHY

Section 12-C:6

12-C:6 Repeal of Compact. – Renunciation, within the meaning of Article XII of the compact, shall be accomplished by act of the legislature repealing the compact and by notice in accordance with said article. In the event of such an act of repeal, the governor shall send the necessary notice to the other party state.

Source. 1967, 387:1, eff. July 1, 1967.

Section 12-E:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:1

    12-E:1 Definitions. – As used in this chapter:
    I. "Affected site'' means the land or water upon, in or under which mining is conducted or is to be conducted including the mine and that land or water which is or will be substantially affected physically or chemically as is detailed in the mining plan pursuant to RSA 12-E:4.
    II. "Commissioner'' means the commissioner of the department of resources and economic development or his designate.
    III. "Comparable natural contour'' means a surface configuration which resembles the general surface configuration of adjacent land and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and mining equipment eliminated.
    III-a. "Dimension stone'' means rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in RSA 155-E:1, I.
    IV. "Mine'' means all areas, surface mined or being mined as well as adjacent areas ancillary to the operation, together with cleaning, concentrating and preparation plants, storage area, haulageways, spoil areas, roads or trails.
    V. "Mineral'' means copper, diatomite, feldspar, garnet, granite, lime, thorium, uranium and any similar solid material or substance excluding sand, gravel and construction aggregate to be excavated from natural deposits or formations on or in the earth or in or underneath water, or for quarrying or crushing of rock or bedrock for the purpose of producing construction aggregate.
    VI. "Mining'' means the activities performed in the extraction of minerals including the excavation of pits, removal of minerals, removal of dimension stone, disposal of overburden and the construction of roads for the haulage of mining materials; provided, however, the following shall not be subject to this chapter:
       (a) Mining activities for the purpose of improvement of or use on the owner's property.
       (b) Mining activities for which the permit site would be 5 acres or less and would result in less than 2,000 cubic yards per year excavated; provided, however, that all mineral dredging activity in any waters of the state of New Hampshire, unless classified as small motor mineral dredging pursuant to RSA 482-A:3, XI shall, regardless of the size of area involved, be subject to the permit requirement and other conditions set forth in this chapter.
       (c) Mining activities in existence on August 24, 1979, or mining activities for which mining permits have been granted as of the effective date of this paragraph.
       (d) Mining or quarrying activities for the production of construction aggregate.
    VII. "Mining and reclamation plans'' means technical data accompanied with the owner''s permit application detailing the anticipated mining, blasting and reclamation activities associated with mineral extraction subject to this chapter.
    VIII. "Mining operator'' or "operator'' means any person, firm, association, partnership, cooperative, corporation or trust engaged in mining.
    IX. "Overburden'' means earth and other natural materials over and around the minerals which will be displaced by mining operations.
    X. "Permit site'' means the land surrounding and including the affected site and mine needed to internalize the mining operation to safeguard adjacent lands and interests.
    XI. "Prospecting'' means exploration for minerals with mechanized equipment which will result in disturbance of land which could pose a danger to the public or cause environmental harm.
    XII. "Quarry'' means an excavation in bedrock open to the surface excavated for the purpose of removing rock, minerals or metallic ores.
    XIII. "Reclamation'' means the restoration of the permit site by grading, backfilling, compacting and landscaping to a compatible natural contour and the reestablishment of permanent self-regenerating vegetative cover of the same seasonal variety previously occurring in the area which is capable of self-regeneration equal to or greater than its productive capacity prior to the mining activities unless alternate plans for other uses are approved by the commissioner.
    XIV. "Toxic substance'' means any chemical substance which has the capacity to produce personal injury or illness to man through ingestion, inhalation or absorption through any body surface.

Source. 1979, 467:1. 1988, 285:3-5. 1992, 37:1, eff. April 9, 1992.

Section 12-E:2 Duties of the Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:2

    12-E:2 Duties of the Commissioner. – The commissioner shall:
    I. Evaluate and accept or reject all mining permit applications submitted by mining operators. If, in his evaluation, the commissioner determines the operation will not comply with this chapter or the impact of the mining operation is too great or is in an area unsuitable for mining because of historical, archaeological or environmental reasons or the reclamation plans or pollution prevention measures are insufficient, the permit shall be denied. Upon rejection or conditional approval of the permit application, the commissioner shall state the reasons for such determination in writing. The operator shall have an opportunity to amend the application to conform to the commissioner's requirements. All permit applications shall be acknowledged within 5 working days and processed within 60 days of receipt by the commissioner.
    II. Have the authority to suspend or revoke any permit issued pursuant to this chapter for failure to comply with the permit or for noncompliance with rules promulgated pursuant to this chapter.
    III. Supervise the leasing of state-owned lands for mining operations pursuant to RSA 12-E:9.
    IV. Have the power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by him, and to compel the production of any account books, contracts, records, engineering surveys, documents, memoranda and papers of any kind necessary to implement this chapter.
    V. Prepare an annual report. Such report shall include the number and geographic distribution of permit applications accepted and rejected, the acreage of the affected sites and permit sites, the names of the operators, corporate officers and corporations making such applications and such other information as will enable the program to be evaluated. The report shall be submitted to the governor and council.
    VI. Make announced and unannounced inspections and investigations on the permit site and affected site to ensure orderly operation of the mining plan in a responsible manner and make inspections based on a citizen complaint. All inspections shall be conducted in the presence of the operator or his duly authorized employees or representatives and the operator shall be available or make such persons available for inspections.
    VII. Adopt rules pursuant to RSA 541-A within a reasonable time relative to:
       (a) The form of the mining permit application;
       (b) The form of application for renewal of the mining permit;
       (c) The form of application for prospecting permits;
       (d) Entry onto permit sites and adjacent properties;
       (e) Emergency actions to halt mining operations for the public safety;
       (f) Prospecting, mining and reclamation activities in a manner to ensure public safety and protect the environment from the effects of such activities.
    VIII. Have the authority to reclaim land subject to the granted permit upon forfeiture of the performance bond.
    IX. Provide technical assistance, conduct research, experiments and demonstrations and disseminate information resulting therefrom and to receive federal, state or other funds and allocate them for reclamation, education or other research and assistance projects.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:3 Prospecting Permit Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:3

    12-E:3 Prospecting Permit Required. –
    I. Prior to prospecting for minerals a person shall obtain a prospecting permit from the commissioner upon payment of a fee pursuant to RSA 12-E:8. The commissioner may attach conditions upon issuance of the permit to minimize the environmental damage of such activities. Such prospecting permit shall be valid for a term of one year subject to renewal upon request to the commissioner.
    II. If prospecting activities continue on property for which a mining permit is issued by the commissioner, such activities shall be incorporated into the plan and renewal of a prospecting permit shall not be required.
    III. Possession of a prospecting permit shall not entitle any person to prospect upon any land owned, leased, rented or occupied by another without the express written permission of the landowner and other persons having a legal interest in the land or the mineral rights therein.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:4 Mining Permit Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:4

    12-E:4 Mining Permit Required. – No person shall conduct mining on any lands in the state unless he holds a valid permit issued by the commissioner or is exempted pursuant to RSA 12-E:1, VI.
    I. A permit shall be issued to any mining operator for the purpose of engaging in mining activities in this state upon the commissioner's approval of the permit application incorporating any conditions therein set by the commissioner and upon payment of all fees and bonds.
    II. Such mining permit shall include a mining plan, a blasting plan if such activities are anticipated, and a reclamation plan. Such permit shall be valid for a term of 3 years and, upon submission of a renewal permit application by the operator, shall be renewed 60 days prior to its expiration; provided, however, the commissioner determines that the operator has complied with the permit. The commissioner shall have the authority to modify a permit or renewal as he deems necessary consistent with regulations promulgated under this chapter. Renewal permits shall not be subject to public hearings under the provisions of RSA 12-E:5. There is no limit to the number of renewals that may be issued for each operation provided the commissioner determines the operator has continued to comply with the original permit.
    III. The permit application shall include, at a minimum:
       (a) The names and addresses of (1) the permit applicant, (2) the operator if he is different from the applicant, (3) if any of these are business enterprises other than a single proprietor, the names and addresses of the principal owners and resident agent and the names and addresses of every officer, partner, director or person performing a function similar to a director;
       (b) The names and addresses of (1) every legal owner of record of the property both surface and subsurface in the permit area, (2) the holders of record of any leasehold interest in the property, (3) the owners of record of all surface and subsurface areas adjacent to any part of the permit area;
       (c) A list of all names under which the applicant, partner or principal owner previously operated a mining operation within the United States in the past 10 years;
       (d) A statement whether the applicant, any subsidiary, affiliate or persons controlled by or under common control with the applicant or principal owners of both this applicant and another corporation has held within a 5 year period prior to submission of the application, a federal or state mining permit which has been suspended or revoked or has forfeited a reclamation bond or similar security and the reasons therefor;
       (e) A true copy of an original policy of insurance issued by an insurance company authorized to do business in this state covering all mining and reclamation operations of the applicant and affording personal injury protection in an amount not less than $100,000 and property damage, including blasting damage, protection of not less than $300,000;
       (f) A description of the rock, mineral or substance to be mined; and
       (g) A copy of the applicant's public notice published pursuant to RSA 12-E:5.
    IV. The mining plan shall include, at a minimum:
       (a) A description of prospecting activities other than those requiring a prospecting permit issued pursuant to RSA 12-E:3;
       (b) A detailed description of the permit site stating the geometry of the excavation and the number of acres to be included, noting the acreage of the deposit area and permit site, expected yield in tons of the extracted minerals, the drainage area above and below the site, the hydrology and geology of the area, the topography, and extensive soil data;
       (c) A detailed description of the means of pollution prevention, buffer zones, grades and stabilization of excavation and refuse during the mining operations;
       (d) A detailed map of the permit site drawn to scale, an aerial photograph of the permit site and any other maps or photographs specified in the rules and regulations;
       (e) A cross section map or plans of the permit site showing location of aquifers and estimated elevation of the water table;
       (f) A description of anticipated blasting activities during the mining operation which shall be done in accordance with established engineering principles for prevention of vibration and air blast damage to residences, buildings and surrounding land areas.
    V. The reclamation plan shall include, at a minimum, a detailed description of the reclamation activities, such as a schedule for reclamation and including an outline of anticipated contemporaneous reclamation activities when a large tract of land is subject to mining operations. The reclaimed land shall be at least as capable of supporting the uses as it supported prior to any mining activity or shall be capable of supporting different post-mining uses so long as such use or uses do not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution. Such different post-mining uses may include agricultural, recreational, residential, commercial, industrial, forestry or open space land use. The proposed land use following reclamation may not be impractical or unreasonable or inconsistent with applicable land use policies and plans and shall be approved by the commissioner.
    VI. The commissioner may request any additional information as required by the adopted rules to aid him in his valuation of the anticipated mining and reclamation activities.
    VII. The operator may file amendments to the mining and reclamation plan with the commissioner. Upon the commissioner's approval, such amendments shall be incorporated into the permit. The commissioner may determine whether the plans will be altered to such a degree as to require an opportunity for hearing pursuant to RSA 12-E:5. Additional fees and bonding may be required by the commissioner.
    VIII. A permit shall be denied by the commissioner in the following circumstances:
       (a) The operator requesting such permit has a mining violation pursuant to RSA 12-E:10 outstanding in the state. If the operator has been involved in mining operations in another jurisdiction and has had similar violations filed against him, he shall present such information to the commissioner who may, in his discretion, approve or deny the permit based on such past activities;
       (b) The operator has forfeited a reclamation bond anywhere in the United States during the past 5 years;
       (c) The operator has not applied for a national pollutant discharge elimination system permit, if required, granted by the federal environmental protection agency;
       (d) If any of the corporate officers or principal owners have committed (a) or (b) above;
       (e) If, in his determination, the mining operation would constitute an imminent danger to the health and safety of the public by causing substantial harm to persons outside of the permit site or substantial harm to the maintenance of environmental quality in and near the permit site; or
       (f) If the mining plan does not meet the requirements of this chapter or the rules promulgated pursuant to this chapter.
    IX. Information pertaining to RSA 12-E:4, VIII(a)-(d) shall be filed in affidavit form with the permit application.

Source. 1979, 467:1, eff. Aug. 24, 1979

Section 12-E:5 Opportunity for Public Hearing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:5

    12-E:5 Opportunity for Public Hearing. –
    I. Upon filing of a permit application or an application for an amended permit, the operator shall publish notice of such application in a newspaper in general circulation of each county wherein the affected land lies at least once each week for 2 successive weeks after filing the application. The operator shall notify landowners within 1/2 mile of the proposed permit area in writing of the application and shall file a copy of the mining and reclamation plan, or amended plan with the town clerk or city solicitor of the town or city wherein the land lies.
    II. The commissioner shall fix a reasonable period of time within which any person desiring to be heard may file a petition for a hearing. Such period of time shall not be less than 20 days. Upon the expiration of such time period in the absence of a protest or a request for a hearing, the commissioner may act on the permit upon the basis of the application and of the submittals and all other factors under consideration. When a petition for a hearing has been made, and good cause has been shown therefor, the commissioner shall set a time and place for a hearing. Notice of such hearing shall be given to the operator and to any interested party.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:6 Performance Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:6

    12-E:6 Performance Bonds. –
    I. Upon approval of the mining and reclamation plans and prior to the issuance of a permit, the operator shall file with the commissioner a bond payable to the state of New Hampshire with sureties or other security satisfactory to the commissioner to adequately secure compliance with this chapter. In determining the amount of the bond, the character and nature of the area adjacent to the permit site, the estimated cost of reclamation and the future suitable use of the land involved shall be considered to insure the performance of the operator's duties, but in no case shall the bond be less than $1,000 per acre. The anticipated cost of the operator's reclamation duties pursuant to RSA 12-E:7 and the mining and reclamation plans shall be covered by the bond to ensure successful completion of any such reclamation activities upon default by the operator. The commissioner shall review the adequacy of the bond at least every 3 years. All proceeds of forfeited bonds or other security shall be expended by the commissioner for the reclamation of the land area for which the bond was posted with the remainder returned to the operator.
    II. A special performance bond for prospecting may be required by the commissioner whenever he determines possible injury to the land may occur when such activity is not included in the mining and reclamation plans.
    III. All bonds or portions thereof may be released when reclamation of the affected area has been completed to the satisfaction of the commissioner and in no case sooner than 3 years from its filing. Upon release of the bond, accrued interest from the bond while in possession of the state shall be paid to the operator.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:7 Duties of Operator During Mining and Reclamation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:7

    12-E:7 Duties of Operator During Mining and Reclamation. –
    I. Upon approval of the permit application, issuance of permit and payment of performance bond, the mining operator may engage in such mining operations as detailed in the application during the term of the permit period subject to the following conditions. The operator shall:
       (a) Submit progress reports to the commissioner showing the location and extent of the mined areas and areas in the process of reclamation and a log specifying all blasting activities on a quarterly basis;
       (b) Provide a buffer zone from the mine of 200 feet from any property line, public right-of-way or water body except for haulage roads;
       (c) Remove the topsoil from the land in a separate layer and if not utilized immediately, segregate it in a separate pile from other spoil. When the topsoil is not replaced on an area within a time short enough to avoid deterioration of the topsoil, a successful cover by quick growing plant or other means thereafter shall be initiated so that the topsoil is preserved from wind and water erosion and remains free of contamination by toxic material, and is in a usable condition for sustaining vegetation when restored during reclamation. If topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other strata can be shown to be more suitable for vegetation requirements, then the operator shall remove, segregate, and preserve in a like manner such other strata which is best able to support vegetation for successful reclamation;
       (d) Stabilize and protect all surface areas including spoil or grout piles affected by the mining and reclamation operation to effectively control erosion and attendant air and water pollution;
       (e) Create, if authorized in the permit, permanent impoundments of water on mining sites as part of reclamation activities only when it is adequately demonstrated that the size of the impoundment is adequate for its intended purposes. The impoundment dam construction shall be so designed as to achieve necessary stability with an adequate margin of safety as determined by the commissioner; the quality of impounded water shall be suitable on a permanent basis for its intended use and discharges from the impoundment shall not degrade the water quality below water quality standards established pursuant to applicable federal and state law in the receiving stream; the level of water shall be reasonably stable; final grading shall provide adequate safety and access for proposed water users; and such water impoundments shall not result in the diminution of the quality or quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses;
       (f) Regrade the affected site to a comparable natural contour, except a different topography shall be accepted for another approved intended use. In the case of surface quarries in bedrock where regrading is technically and economically unfeasible, the commissioner shall require appropriate safety measures to be carried out and revegetation to screen quarries and enhance public views;
       (g) Establish on the regraded areas, and all other lands affected, unless the land is intended for a different post-mining use and has commissioner approval, a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area. Introduced species may be used in the revegetation process where desirable and necessary to achieve the future land use plan;
       (h) Remove all metal, lumber, equipment or other refuse resulting from the operation. No refuse shall be placed or be caused to slide beyond the perimeter of the permit site;
       (i) Insure that all debris, acid-forming materials, toxic materials, or materials constituting a fire hazard are disposed of in a manner consistent with applicable state law designed to prevent contamination of ground or surface waters;
       (j) File a closing notice with the commissioner that the mining operations are terminated.
    II. All reclamation activities shall be carried to completion by the operator prior to the expiration of one year after termination of the mining operation unless the commissioner extends such deadline for good cause. Such activities shall proceed in an environmentally sound manner and as contemporaneously as practicable with the mining operations. The operator shall be responsible for 3 successive growing seasons after the completion of the reclamation plan. If the operator claims a mining operation is still functional but in the commissioner's determination, based upon the quarterly progress reports submitted by the operator pursuant to RSA 12-E:7, I(a), the operation is terminated, the operator shall be required to initiate reclamation activities. The commissioner shall establish a schedule for partial refund of the performance bond as portions of reclamation activities are completed.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:8 Fees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:8

    12-E:8 Fees. –
    I. The commissioner shall establish a fee for filing and obtaining both a prospecting permit and a mining permit. The fee, as determined by the commissioner, shall be adequate to cover the costs for acting upon the application but in no case shall the fees be less than $10 for a prospecting permit and $350 for a mining permit. The commissioner may require a fee for the filing of amendments.
    II. Upon approval of the application and prior to the issuance of a mining permit, an additional fee of $60 per acre of all permit lands shall be paid to the commissioner. Whenever acreage is increased by amendment, the requisite fee shall be paid.
    III. The fees collected pursuant to this section shall be placed in a special fund for the administration of this chapter.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:9 Leasing of State Owned Lands.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:9

    12-E:9 Leasing of State Owned Lands. –
    I. The commissioner shall make recommendations to the governor and council pursuant to RSA 4:40 concerning leasing of state owned lands for mining activities.
    II. The commissioner shall issue prospecting permits to persons pursuant to rules adopted under RSA 12-E:2, VII(f) to entitle persons to prospect for valuable mineral and metal deposits, excepting common sand and gravel, on state owned lands. Any prospector who discovers a valuable mineral of metal deposit, upon filing a claim thereof and a permit pursuant to RSA 12-E:4, may mine such area pursuant to rules adopted by the commissioner.
    III. The commissioner shall determine the terms of the leases, including the amount of acreage, duration of lease, rental cost, royalties and any conditions concerning extraction of minerals or reclamation of the leased land upon application for such lease by the prospector.
    IV. Persons who lease such property for any mining operations shall be required to obtain a mining permit in accordance with this chapter.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:10 Violations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:10

    12-E:10 Violations. –
    I. If the commissioner determines a violation has been or is being committed by an operator in relation to this chapter or to any regulation promulgated pursuant to this chapter or to the terms of the issued permit, he shall issue and serve upon the operator a written order to halt the violation activities. Such order shall specify the violation. The operator shall have 60 days to correct the violation or face revocation of his mining and reclamation permit and partial or full forfeiture of the performance bond after notice and hearing.
    II. The operator may appeal the order to the commissioner within 5 days after receiving such order. The commissioner shall hold a hearing within 10 days of the operator's appeal.
    III. A violation hearing shall be held, if requested, and the operator may appear in person or by attorney to answer the allegations of the violation and to present relevant testimony and evidence. After hearing the evidence presented, the commissioner shall determine whether a violation exists. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site. If such appeal is entered, the 60 day corrective period shall commence upon the date of the commissioner's decision.
    IV. Upon the operator's noncompliance with the order, the commissioner shall hold a revocation hearing within 10 days after the expiration of the 60 day period. The commissioner shall notify the operator by certified mail of the hearing and shall enclose a statement specifying the allegations of violation to be answered. A copy of the statement shall be posted at the entrance to the affected site.
    V. A revocation hearing shall be held and the operator may appear in person or by attorney to show good cause as to why the permit should not be revoked. After hearing the evidence presented, the commissioner shall determine whether the mining and reclamation permit shall be immediately revoked or the operation enjoined. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site.
    VI. Upon revocation of the mining and reclamation permit the commissioner shall cause to have instituted by the attorney general a civil action in a court of competent jurisdiction to partially or fully forfeit the performance bond of the operator.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:11 Emergency Procedure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:11

12-E:11 Emergency Procedure. – Whenever the commissioner finds that a violation of this chapter or the regulations promulgated hereunder exists and presents an immediate and substantial harm to the health, safety, or general welfare of the public or to the environment, he may order the operator to immediately halt the alleged violation. Service on the commissioner's findings and a copy of the order shall be made upon the operator by the sheriff or a deputy within the county where the operator maintains the mining operation affected by such order. The operator shall comply immediately. Said operator may apply to the commissioner for a hearing on such order, which shall be held within 2 working days after receipt of the request therefor, and shall be conducted pursuant to RSA 12-E:10.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:12 Penalties and Other Relief.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:12

    12-E:12 Penalties and Other Relief. –
    I. Any person who violates any provisions of this chapter or any lawful regulation or cease and desist order of the commissioner issued pursuant to this chapter, or any condition or limitation in a permit or amendment issued under this chapter or who shall fail, neglect or refuse to obey any order lawfully issued pursuant to this chapter shall be subject to a civil penalty not to exceed $10,000 for each day the violation continues.
    II. The commissioner may issue a written cease and desist order against any act found in violation of this chapter or lawful regulation made under it or any condition of any permit lawfully issued by the commissioner, and any such act may be enjoined by the superior court upon application of the attorney general.
    III. The written cease and desist order issued pursuant to the provisions of RSA 12-E:12, II shall be recorded by the commissioner in the registry of deeds for the county in which the site is situated and, upon recordation, said order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the owner thereof shall be incorporated in the cease and desist order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate property mortgage.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:13 Judicial Review.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:13

12-E:13 Judicial Review. – Decisions made pursuant to this chapter by the commissioner shall be reviewable in accordance with RSA 541.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-E:14 Citizen Suits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-E
MINING AND RECLAMATION

Section 12-E:14

    12-E:14 Citizen Suits. –
    I. Any person who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter against any operator who is alleged to be in violation of this chapter, its regulations or any order or permit issued under this chapter.
    II. No civil action may be commenced prior to 30 days after the plaintiff has notified the commissioner of the violation in writing and the commissioner fails to take any enforcement action under RSA 12-E:10 or 12-E:11.
    III. The court, in issuing any final order in any action, may award costs of litigation including attorney and expert witness fees to any party whenever the court determines such award is appropriate.

Source. 1979, 467:1, eff. Aug. 24, 1979.

Section 12-F:1 Weather Modification Experimentation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-F
WEATHER MODIFICATION EXPERIMENTATION

Section 12-F:1

12-F:1 Weather Modification Experimentation. – Any department or agency of the state may, with the approval of the governor and council and within the limits of appropriated funds or by means of gifts, donations or grants, engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations.

Source. 1985, 72:2, eff. July 1, 1985.

Section 12-G:1 Declaration of Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:1

    12-G:1 Declaration of Purpose. –
    I. The general court recognizes that the closure and redevelopment of Pease Air Force Base is a matter of great concern for the town of Newington, the city of Portsmouth, the seacoast region, and the state of New Hampshire. Therefore, the general court finds that a comprehensive study of all issues related to the closure and redevelopment of Pease Air Force Base is necessary to ensure proper planning and optimal use of the property. The study shall have as a primary concern the impact of the closure and redevelopment of Pease Air Force Base on the economies, environment, and quality of life of the affected communities, the seacoast region, and the state.
    II. The general court further recognizes that the economies, environment, and quality of life of the affected communities, the seacoast region, and the state will depend on the speedy and proper redevelopment of Pease Air Force Base. Thus, it is hereby declared to be in the public interest and to be the policy of the state to foster and promote the redevelopment of Pease Air Force Base by implementing the comprehensive conversion and redevelopment plan being prepared by the former Pease Air Force Base redevelopment commission and the Pease development authority.
    III. It is further declared that creation of a development authority to implement the comprehensive conversion and redevelopment plan and to promote, oversee, and integrate the development of Pease Air Force Base is in all respects for the benefit of the affected communities, the seacoast region, and the state and for the improvement of their welfare and prosperity, including the creation of employment and other business opportunities. It is also the intent of the general court that the authority be empowered to assume from the Pease Air Force Base redevelopment commission the responsibility for obtaining federal approval of the comprehensive conversion and redevelopment plan and complete any steps in the planning process that may remain incomplete as of July 1, 1990, and to create a development authority with the power, duties, and authority to implement all aspects of the comprehensive conversion and redevelopment plan subject to provisions of this chapter, including without limitation, taking title in the name of the state of New Hampshire, acting by and through the authority, to any or all of Pease Air Force Base.
    IV. The general court further recognizes that integration of the functions of the former New Hampshire state port authority with the functions and duties of the Pease Development Authority will allow for faster and more coordinated development of New Hampshire ports with the conversion and redevelopment of Pease Air Force Base. Thus, it is declared to be in the public interest and the policy of the state to combine in one authority all power, authority, and responsibility for the promotion and development of Pease Air Force Base and the ports of New Hampshire for the benefit of the seacoast region and all of the citizens of New Hampshire. It is also the intent of the general court that in the furtherance of its responsibility to promote and develop New Hampshire ports that they remain working ports with due consideration given to the commercial, recreational, and private interests associated therewith.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:2 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:2

    12-G:2 Definitions. – In this chapter:
    I. "Airport district'' means:
       (a) The property conveyed, granted, or otherwise transferred to the authority by the federal government or any agency thereof pursuant to section 13(g) of the Surplus Property Act of 1944, as amended, or such other provision of federal law authorizing transfer of federal surplus property for airport purposes. Property conveyed, granted, or otherwise transferred to the authority in this manner shall automatically become part of the airport district, but may be removed from the airport district by the authority in accordance with the procedures prescribed in RSA 12-G:13, II, after the contraction of the airport district has been approved by the governing body of the municipality in which the land sought to be taken from the airport district is located; or
       (b) Property conveyed, granted, or otherwise transferred to the authority by the federal government or any agency thereof, or otherwise acquired by the authority, and declared or designated by the authority as the "airport district'' in accordance with the procedures prescribed in RSA 12-G:13, II, after the expansion of the district has been approved by the governing body of the municipality in which the land sought to be added to or taken from the airport district is located. Such property may be subsequently removed from the airport district by the authority in accordance with the procedures prescribed in RSA 12-G:13, II, after the contraction of the airport district has been approved by the governing body of the municipality in which the land sought to be taken from the airport district is located.
    II. "Airport project'' means the development, construction, reconstruction, maintenance, or operation of any property of the authority or of any airport by the authority, including all real property and tangible and intangible personal property, structures, machinery, equipment, and appurtenances or facilities which are part of such airport or used or useful in connection therewith either as ground facilities for the convenience of handling aviation equipment, passengers, and freight or as part of aviation operation, air navigation, and air safety operation, and excluding any division project.
    III. "Airport property'' means all real property and tangible and intangible personal property, rights, and facilities of the authority excluding division property.
    IV. "Appointing authorities'' means the governor and executive council, the president of the senate, the speaker of the house of representatives, the mayor and city council of the city of Portsmouth, and the board of selectmen of the town of Newington.
    V. "Authority'' means the Pease development authority.
    VI. "Board'' means the board of directors of the authority.
    VII. "Bond'' means any bond, note, or other evidence of indebtedness issued under this chapter.
    VIII. "Commission'' means Pease Air Force Base redevelopment commission established pursuant to 1989, 3:2.
    IX. "Director'' means a member of the board.
    X. "Division'' means the Pease development authority, division of ports and harbors.
    XI. "Division director'' means the director of the division of ports and harbors.
    XII. "Division project'' means the development, construction, reconstruction, maintenance, or operation of any property of the authority related to the ports, harbors, and navigable tidal rivers of the state under the jurisdiction of the authority, including dredging activities authorized under RSA 12-G:45 and including all real property and tangible and intangible personal property, structures, machinery, equipment, and appurtenances or facilities used or useful in connection therewith and listed on the inventory of division projects maintained pursuant to RSA 12-G:43, I(e).
    XIII. "Division property'' means all real property and tangible and intangible personal property, rights, and facilities of the authority related to ports, harbors, and navigable tidal rivers administered or operated by the authority through the division and listed on the inventory of division property maintained pursuant to RSA 12-G:43, I(e).
    XIV. "Division revenues'' means any appropriations received by the division and any rents, profits, fees, charges, receipts, and other income derived or to be derived by the authority from the purchase, sale, leasing, development, or operation of division property or projects and the operation of related facilities located thereon.
    XV. "Excess revenues'' means those revenues other than division revenues in excess of the funds identified in the audit performed pursuant to RSA 12-G:29 required (a) to pay the costs of operating, maintaining, and repairing all property and projects of the authority except division property and division projects, (b) to pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board or the executive director except those costs of administering and operating the division, (c) to pay the principal of, and premium, if any, and the interest on the outstanding bonds of the authority, except any bonds issued in relation to any division property or project, as the same become due and payable, (d) to create and maintain reserves established pursuant to RSA 12-G:18 or required or provided for in any resolution authorizing, or any security document securing, such bonds of the authority, (e) to create and maintain a capital improvement fund for airport property and airport projects to be established by the board in an amount not more than $10,000,000, and (f) to pay all taxes owed by the authority related to its ownership or operation of airport property or airport projects. Excess revenue shall not include any revenues generated from property transferred or conveyed to the authority pursuant to section 13(g) of the Surplus Property Act of 1944, 50 U.S.C. app. Section 1622(g), as amended, within the airport district, unless the board and the Federal Aviation Administration deem, in compliance with applicable Federal Law, including but not limited to 49 U.S.C. app. Section 2210(a)(12), such revenues to be excess revenues within the meaning of this chapter.
    XVI. "Land use controls'' means all municipal ordinances and requirements or rules of the authority regulating the use, development, and improvement of property, including, but not limited to, zoning ordinances, subdivision regulations, site plan review regulations, and building, electric, plumbing, and fire codes.
    XVII. "Pease Air Force Base'' means all land, easements, buildings, structures, and appurtenances owned or controlled by the United States Department of Defense on January 1, 1990, in the towns of Newington and Greenland, or the city of Portsmouth.
    XVIII. "Person'' means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state (including the state of New Hampshire), municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.
    XIX. "Port authority'' means the New Hampshire state port authority established pursuant to 1957, 262:1.
    XX. "Resolution'' means:
       (a) The statements of intent adopted by formal vote of the commission on the dates set forth below and related to the following:
          (1) The New Hampshire Air National Guard on August 1, 1989.
          (2) The Pease Air Force Base trash-to-energy plant on August 15, 1989.
          (3) The proposed wildlife refuge at Pease Air Force Base on August 29, 1989.
          (4) Asbestos in housing at Pease Air Force Base on October 10, 1989.
          (5) The provision of health care for military retirees on October 24, 1989.
       (b) Any other statement of intent designating a resolution and adopted by the commission since March 20, 1989.
    XXI. "Revenues'' means the gifts, contributions, and appropriations from any source and the rents, profits, fees, charges, receipts, and other income derived or to be derived by the authority from the purchase, sale, leasing, or development of Pease Air Force Base and the operation of related facilities located thereon and all right to receive the same, including investment earnings and the proceeds of any borrowing hereunder or of any sale or disposition or insurance of any assets of the authority, excluding division revenues.
    XXII. "Security document'' means any trust agreement, security agreement, or resolution authorizing the issuance of or securing bonds.
    XXIII. "State'' means the state of New Hampshire.
    XXIV. "Surplus Property Act'' and all references to section 13(g) of the Surplus Property Act of 1944, as amended, mean any provision of federal law authorizing transfer of federal surplus property for airport purposes, including 49 U.S.C. section 47151(a); 50 U.S.C. app. Section 1622(g), as amended, to the extent applicable prior to the enactment of 49 U.S.C. Section 47151(a); and any other provision of federal law that may be subsequently enacted that authorizes the transfer of federal surplus property for airport purposes.
    XXV. "Vessel'' means boats of all sizes propelled by sail, machinery, or hand, scows, dredgers, shellfish cars, and craft of every kind.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:3 Pease Development Authority Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:3

    12-G:3 Pease Development Authority Established. –
    I. There is hereby created a body politic and corporate of the state, to be known as the Pease development authority, to carry out the provisions of this chapter. The authority is hereby deemed to be a public instrumentality, and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of public and essential governmental functions of the state.
    II. Any resolution or contract executed or approved by or on behalf of the commission shall be binding on, shall inure to the benefit of, and shall be performed by, the authority whether so expressed or not. All rights, title, and interest in and to all assets and all obligations and liabilities of the commission vested in or possessed by the commission on June 1, 1990, shall vest in and be possessed, performed, and assumed by the authority. The passing of rights, remedies, duties, covenants, agreements, and obligations in accordance with this paragraph shall not increase or diminish them.
    III. Nothing in this chapter shall be construed as requiring the authority to assume, adopt, or otherwise be bound by the bylaws, votes, or decisions of the commission or any advisory committee thereof except as set forth in paragraph II and RSA 12-G:44.
    IV. Any rule or contract executed or approved by or on behalf of the port authority shall be binding on, shall inure to the benefit of, and shall be performed by, the authority whether so expressed or not. All rights, title, and interest in and to all assets and all obligations and liabilities of the port authority vested in or possessed by the port authority when the duties, functions, and jurisdiction of the port authority are transferred to the authority shall vest in and be possessed, performed, and assumed by the authority. The passing of rights, remedies, duties, covenants, agreements, and obligations in accordance with this paragraph shall not increase or diminish them. Nothing in this chapter shall be construed as precluding the authority from amending or rescinding, to the extent permitted by law, and by law, rule, vote, or decision rendered by the port authority prior to the transfer to the authority of the duties, functions, and jurisdiction of the port authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:4 Management by Board of Directors; Executive Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:4

    12-G:4 Management by Board of Directors; Executive Director. –
    I. The management of the authority shall be vested in a board of 7 directors to be appointed as follows:
       (a) One member appointed by the governor and executive council.
       (b) One member appointed by the mayor and city council of the city of Portsmouth.
       (c) One member appointed by the board of selectmen of the town of Newington.
       (d) One member appointed by the president of the senate.
       (e) One member appointed by the speaker of the house of representatives.
       (f) One member appointed jointly by the mayor and city council of the city of Portsmouth and the board of selectmen of the town of Newington.
       (g) One member who is nominated by majority vote of the legislative delegation of Strafford county, including the senators whose districts include towns in Strafford county, and who is appointed by the governor, the senate president, and the speaker of the house. The member appointed in this manner shall be a resident of Strafford county and shall serve an initial term of 2 years beginning June 1, 1993. Subsequent terms shall be governed by the provisions of this section. The member appointed in this manner may be removed from office for cause after hearing by the Strafford county legislative delegation.
    II. The governor shall appoint the chairman of the board, who shall serve in that capacity at the pleasure of the governor. Directors shall hold office for 3 years and until their successors shall have been appointed. State-appointed directors may be removed from office pursuant to the provisions of RSA 4:1. Directors appointed by the municipal appointing authorities may be removed from office for cause after hearing by the municipal appointing authorities.
    III. Four members of the board shall constitute a quorum. A minimum of 4 affirmative votes shall be required for any action of the board, except for the adoption of land use controls, which shall require 5 votes.
    IV. The directors shall serve without compensation from the authority, except for such incidental expenses determined by the board to be necessary and incurred while performing business of the authority.
    V. Directors shall be residents of the state. No director shall be an elected public official of the state, federal government, or any political subdivision of the state or federal government. Notwithstanding any other provision of law, public employees and appointed officials of the state and any of its political subdivisions may serve, if appointed in accordance with the provisions of this chapter, as directors of the authority.
    VI. The board shall appoint an executive director, who shall be the chief executive and administrative officer of the authority and who shall have general and active supervision and direction over the day-to-day business and affairs of the authority and its officers and employees, subject, however, to the direction and control of the board. The executive director shall be responsible for ensuring that all division revenues and all costs associated with operating and maintaining division property and division projects are accounted for separately from all other revenues and costs of the authority and shall perform all such other duties as from time to time may be assigned to the executive director by the board. The executive director shall hold office for an indefinite term at the pleasure of the board. The executive director shall also be the secretary of the authority, shall keep a record of the proceedings of the authority, and shall be the custodian of all books, documents, and papers filed with the authority and of its minute book and seal. The executive director shall have the power to cause copies to be made of all minutes and other records and documents of the authority and to give certificates under the seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. The executive director may employ such assistants, legal counsel, and clerical and administrative staff as is directed by the board and within the limits of funds available for that purpose. The executive director may from time to time, with the prior consent of the board, establish and maintain such operating divisions within the authority as he or she shall deem necessary for the proper and efficient conduct of business under this chapter and may assign such staff members to any such division. The salary of the executive director shall be established by the board.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:5 Statements of Financial Interests; Content; Form.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:5

    12-G:5 Statements of Financial Interests; Content; Form. –
    I. Every member of the board shall file by July 1 of each year a verified written statement of financial interests in accordance with the provisions of this section, unless the member has already filed a statement in that calendar year.
    II. A member of the board shall not be allowed to enter into or continue his or her duties, unless the member has filed a statement of financial interests with the secretary of state.
    III. Statements of financial interests shall contain the following information:
       (a) The name, address, and type of any professional, business, or other organization in which the reporting individual was an officer, director, associate, partner, proprietor, or employee, or served in any other professional or advisory capacity, and from which any income in excess of $10,000 was derived during the preceding calendar year.
       (b) The description of any debt and the name of the creditor for all debts in excess of $5,000 owed by the reporting individual, as well as the description of any debt and the name of the debtor for all debts in excess of $5,000 owed to the reporting individual, but only if the creditor or debtor, respectively, or any guarantor of the debt, has done work for or business with the state in the preceding calendar year. Loans issued by financial institutions whose normal business includes the making of loans of the kind received by the reporting individual, and which are made at the prevailing rate of interest and in accordance with other terms and conditions standard for such loans at the time the debt was contracted need not be disclosed. Debt issued by publicly-held corporations and purchased by the reporting individual on the open market at the price available to the public need not be disclosed.
    IV. The statement of financial interests shall be completed by typewriting or hand printing, and shall be verified, dated, and signed by the reporting individual personally. It shall be submitted on a form prescribed by the secretary of state.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:6 Disqualification of Member.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:6

12-G:6 Disqualification of Member. – If any director, or the spouse or issue of any director, shall be interested either directly or indirectly or shall be a director, officer, or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract or other matter with the authority, including any loan to any eligible mortgagor or loan to or purchase of any loan from any lending institution, such interest shall be disclosed to the board and shall be set forth in the minutes of the board. The member having such interest shall not participate on behalf of the authority in any proceedings or decision relating to such contract or matter.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:6 Disqualification of Member.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:6

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:7 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:7

    12-G:7 Duties. –
    I. The authority assumes from the commission and shall perform the following duties:
       (a) Monitoring the proposed closing of Pease Air Force Base.
       (b) Conducting a comprehensive study of all issues related to the closure, conversion, redevelopment, and future use of Pease Air Force Base. This study shall have as a primary concern the impact of the closure and redevelopment of Pease Air Force Base on the economies, environment, and quality of life of the affected communities, the seacoast region, and the state.
       (c) Reviewing all options relative to the most appropriate use of Pease Air Force Base.
       (d) Formulating and adopting a comprehensive plan for conversion and redevelopment of Pease Air Force Base and submitting this plan to the federal authorities no sooner than 30 days following submission to the appointing authorities.
       (e) Submitting the comprehensive plan for the conversion and redevelopment of Pease Air Force Base to the appropriate agency or agencies of the federal government.
    II. The authority shall at all times act in a manner which is consistent with the public good and pursuant to this chapter shall seek to implement the comprehensive plan for the conversion and redevelopment of Pease Air Force Base identified in paragraph I.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:7 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:7

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:8 Incorporation; Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:8

    12-G:8 Incorporation; Powers. – The authority shall have all of the powers necessary or convenient to carry out the purposes and provisions of this chapter, including the power:
    I. To sue and be sued in all courts and to initiate or participate in actions and proceedings, whether judicial, administrative, arbitrative, or otherwise.
    II. To have a seal, and to alter such seal at pleasure and to use it by causing it or a facsimile to be affixed or impressed or reproduced in any manner.
    III. (a) To employ or retain as independent contractors architects, engineers, attorneys, accountants, and such other advisors and employees, consultants, and agents as may be necessary in its judgment without regard to any personnel or civil service law or personnel or civil service rule of the state, to prescribe their duties and qualifications, and to fix and pay their compensation, if any.
       (b) To appoint qualified individuals to serve as unpaid volunteers or advisors under such terms and conditions as it may deem necessary. Such volunteers or advisors may be reimbursed for such incidental expenses determined by the board to be necessary and incurred while performing the business of the authority.
    IV. To purchase, receive, take by grant, gift, devise, bequest, or otherwise, lease, or otherwise acquire, own, hold, improve, employ, use, and otherwise deal in and with property or any interest therein, whether tangible or intangible, for its purpose.
    V. To sell, convey, lease, exchange, transfer, abandon, or otherwise dispose of, or mortgage, pledge, or create a security interest in, all or any of its airport or division property or any interest therein, except that no real property of the division may be sold, conveyed, exchanged, transferred, or otherwise disposed of, except by license, lease, or other agreement subject to a term of not more than seven years, without the prior approval of the governor and the executive council.
    VI. To apply for and accept gifts, loans, grants, property, funds, money, materials, labor, supplies, or services from the United States of America or its agencies or departments or any state agency or any political subdivision of the state, or any other person, to carry out the terms and provisions of, or make agreements with respect to, any such gifts, loans, or grants, and to do any and all things necessary, useful, desirable, or convenient in connection with procuring, accepting, or disposing of such gifts, loans, or grants.
    VII. To purchase, take, receive, subscribe for, or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend, lease, exchange, transfer, or otherwise dispose of, mortgage, pledge, or grant a security interest in, use, or otherwise deal in and with, bonds and other obligations, shares, or other securities or interests therein issued by others, whether engaged in a similar or different business or activity.
    VIII. To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with any person, firm, corporation, municipality, state agency, governmental unit, or other entity, foreign or domestic, provided that no contract in excess of $10,000, including contracts under paragraphs III and XV, shall be made without requests for proposal. This requirement may be eliminated by an affirmative vote of 5 members of the board on any particular matter. Justification for eliminating the requirement shall be recorded in the minutes of the meeting.
    IX. To borrow money for purposes not related to division property or division projects at such rate or rates of interest as the authority may determine, issue its notes, bonds, or other obligations to evidence such indebtedness, and secure any of its obligations by mortgage or pledge of all or any of its airport property or any interest therein, tangible or intangible, whether then owned or thereafter acquired.
    X. To arrange for guaranties of its notes, bonds, or other obligations pursuant to RSA 12-G:31 by the federal government or by any private insurer or otherwise, and to pay any premiums therefor.
    XI. To issue such notes, bonds, or other obligations, whether or not the income therefrom to the holders is exempt from federal income taxation.
    XII. To purchase notes, bonds, or other obligations of the authority at such price or prices, in such manner, and upon such terms as the authority may determine.
    XIII. To invest and reinvest its funds, and take and hold property as security for the payment of funds so invested.
    XIV. To procure insurance against any loss in connection with its airport or division property or projects in such amount or amounts and from such insurers, including the federal government, as it may deem necessary or desirable, and to pay any premiums therefor. Nothing in this paragraph shall be construed as a waiver of the sovereign immunity of the state except as authorized under RSA 491:8.
    XV. To enter into and perform contracts and agreements, whether or not they may be deemed to constitute indebtedness under applicable law, for the joint and separate planning, financing, construction, purchase, operation, maintenance, use, sharing costs of, ownership, mortgaging, leasing, sale, disposal of, or other participation in facilities, products, or services of any person who engages in business on property owned or controlled by the authority.
    XVI. To maintain a principal office in the state and an office or offices at such other place or places as it may determine.
    XVII. To make any inquiry, investigation, survey, feasibility study, or other study which the authority may deem necessary to enable it to carry out effectively the provisions of this chapter.
    XVIII. To apply to the appropriate agencies and officials of the federal government and the state for licenses, permits, or approvals of its plans, airport projects, or division projects as it may deem necessary or advisable, and to accept such licenses, permits, or approvals as may be tendered to it by such agencies or officials, upon such terms and conditions as it may deem appropriate.
    XIX. To make bylaws and establish committees for the management and regulation of its affairs as it may deem necessary, and subject to agreements with bondholders, to make rules pursuant to its own procedures for the use of its airport projects and property and division projects and property, including but not limited to zoning, subdivision, and site plan review regulations, and building, electric, plumbing, and fire codes, and to establish and collect rentals, fees, and all other charges for the use of projects under the jurisdiction of the authority and for services or commodities sold, furnished, or supplied by the authority.
    XX. To design, construct, maintain, operate, improve, and reconstruct such airport projects and division projects as shall be consistent with the purposes and provisions of this chapter, including without limitation the maintenance and development of aviation and port services, including landing fields, heliports, hangars, shops, passenger and freight terminals, control towers, piers, wharves, navigation aids, and all facilities necessary or convenient in connection with any such airport project or division project and also to contract for the construction, operation, or maintenance of any parts thereof, or for services to be performed thereon, and to rent parts thereof and grant concessions thereon, all on such terms and conditions as the authority may determine.
    XXI. To take such other action as it may deem necessary and advisable in the furtherance of the purposes of this chapter.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:8 Incorporation; Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:8

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:9 General Authority Power.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:9

12-G:9 General Authority Power. – In addition to the powers and duties specifically enumerated in RSA 12-G:7, RSA 12-G:8, and RSA 12-G:42, the authority shall have every power enumerated in the laws of the state granted to the authority, the division, the executive director, the division director, the port authority, or any administrative unit of the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:10 Coordination With Department of Resources and Economic Development.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:10

12-G:10 Coordination With Department of Resources and Economic Development. – The authority shall coordinate its publicity efforts and the activities of the division with the department of resources and economic development.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:11 Status of Authority Employees; Entitlement to State Benefits; Reimbursement of Costs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:11

    12-G:11 Status of Authority Employees; Entitlement to State Benefits; Reimbursement of Costs. –
    I. Except for any classified employee of the division, the authority may hire, fix, and pay compensation, prescribe duties and qualifications, and establish personnel policies without regard to any personnel or civil service law or personnel or civil service rule of the state. Except for any classified employee of the division, the employees of the authority shall not be classified employees of the state within the meaning of RSA 21-I:49. Except for any classified employee of the division, any individual employed by the authority shall be deemed an employee at will and shall serve at the pleasure of the authority.
    II. Notwithstanding the provisions of paragraph I, any individual employed by the authority, except for any classified employee of the authority, whose employment calls for 30 hours or more work in a normal calendar week, and whose position is anticipated to have a duration of 6 months or more, shall be entitled to elect to receive such health, dental, life insurance, deferred compensation, and retirement benefits as are afforded to classified employees of the state. Upon election by such individual, the authority shall pay from its revenues the state's share of such benefits. Any remaining costs of health, dental, life insurance, deferred compensation, and retirement benefits which an individual elects to receive pursuant to this section, shall be withheld from such individual's salary as a payroll deduction. Written notice of the availability of these benefit options shall be provided to each individual upon employment by the authority. This paragraph shall not apply to any classified employee of the division.
    III. The state classified positions of the port authority shall be transferred to the authority when the duties, functions, and jurisdiction of the port authority are transferred to the authority. Any person employed in such a position at the time of such transfer or at any time subsequent thereto shall be deemed a classified employee of the division. All classified employees of the division shall be classified employees of the state of New Hampshire within the meaning of RSA 21-I:49 and shall be subject to all requirements, and be entitled to all benefits and emoluments, of the state personnel system. Nothing herein shall preclude the general court from increasing or decreasing the number of classified positions within the division.
    IV. Notwithstanding any other provision of law, the authority or the executive director may assign as necessary any employee of the authority with appropriate skills and training to perform any responsibility, task, or duty assigned by statute to the authority or the division, including without limitation, on a temporary basis, any responsibility, task, or duty previously or otherwise assigned to any classified employee of the division. To the extent that the wages, salary, benefits, or other expenses, including without limitation reasonable overhead expenses, of any employee of the authority assigned to carry out any responsibility, task, or duty of the division are paid from the fund established under RSA 12-G:36 or revenues of the authority other than division revenues, such fund or other source of revenue shall be reimbursed for the cost of such wages, salary, benefits, and other expenses, including without limitation reasonable overhead expenses, from funds drawn from the fund established under RSA 12-G:37 and, to the extent authorized, from the fund established under RSA 12-G:46. The executive director of the authority, subject to the approval of the board, is authorized to determine and fix, as necessary, rates of reimbursement.

Source. 2001, 290:6, eff. July 1, 2001. 2002, 110:1, eff. July 2, 2002.

Section 12-G:11 Status of Authority Employees; Entitlement to State Benefits; Reimbursement of Costs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:11

Source. 2001, 290:6, eff. July 1, 2001. 2002, 110:1, eff. July 2, 2002.

Section 12-G:12 Coordination Between State and Federal Governments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:12

    12-G:12 Coordination Between State and Federal Governments. –
    I. In addition to any other duties set forth in any provision of this chapter, the authority shall coordinate with, and provide information to, the United States Department of Defense, and any official or employee thereof, regarding any matter related to the ownership, condition, closure, conversion, redevelopment, or future use or operation of Pease Air Force Base. Notwithstanding any other provision of law, no political subdivision of the state shall submit any plan regarding the closure, conversion, redevelopment of future use, or operation of Pease Air Force Base without the prior approval of the authority.
    II. Notwithstanding any provision of law, except for the authority, no political subdivision or any agency of the state or governmental unit thereof, may apply for or receive pursuant to any provision of federal law any funds, grants, or other assistance from the Office of Economic Adjustment within the United States Department of Defense relative to the closure, conversion, redevelopment, or future use of Pease Air Force Base without prior approval of the authority. Except for the authority, no state political subdivision, or any agency or governmental unit thereof, shall apply for or receive any funds, grants, or other assistance from any agency of the federal government relative to the closure, conversion, redevelopment, or future use of Pease Air Force Base without prior notification to the authority. The provisions of this paragraph shall not apply to the adjutant general or to school administrative units for the city of Portsmouth or the town of Newington.
    III. Except for the adjutant general and notwithstanding any other provision of law, the authority shall be the only person in the state authorized to negotiate, purchase, or otherwise obtain on behalf of the state or any of its political subdivisions any fee ownership, easement, lease, or other property interest in any property in, or on a part of, Pease Air Force Base, except that the town of Newington may negotiate for and reacquire from the federal government the "Old Stone School'' and associated yard located on Nimble Hill Road and the city of Portsmouth may negotiate for and acquire Jones School and Brackett School and associated yards located on Northwood Road and Rockingham Drive, respectively. The board may grant exemptions in its sole discretion from this provision to any state agency or political subdivision on such terms and conditions as it may deem appropriate.
    IV. Notwithstanding any other provision of law, the authority shall be the only person authorized in the state to accept on behalf of the state or any of its political subdivisions any title to, or any other interest in, the runway, taxiways, parking aprons, hangars, control tower, airspace, or other property or related facilities at Pease Air Force Base, from the United States pursuant to section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. app. Section 1622(g)), as amended.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:12 Coordination Between State and Federal Governments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:12

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:13 Local Land Use Controls.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:13

    12-G:13 Local Land Use Controls. –
    I. Notwithstanding any other provision of law, any and all land use controls of the town of Newington and the city of Portsmouth shall not apply to any of the property at Pease Air Force Base transferred, conveyed, or otherwise granted to the authority by the federal government or any agency thereof. The authority shall have the exclusive jurisdiction in adopting and establishing land use controls for the property at Pease Air Force Base transferred, conveyed, or otherwise granted to the authority by the federal government or any agency thereof.
    II. The authority shall adopt land use controls including, without limitation, regulations to establish zones, building codes, subdivision regulations, site plan review, and fire codes in order to implement the comprehensive conversion and redevelopment plan prepared by the commission no later than December 31, 1991. All land use controls and amendments to such controls shall be enacted in accordance with rules of procedure adopted by the authority and shall include at least one public hearing. In order to adopt, amend, interpret, or override any land use control, 5 affirmative votes of the authority shall be required. All land use controls enacted by the authority shall be filed in the Rockingham county registry of deeds, the clerk's office for the town of Newington, the clerk's office for the city of Portsmouth, and the New Hampshire office of state planning. This paragraph shall not apply to any division property or projects listed on the inventory required under RSA 12-G:43, I(e).
    III. In adopting land use controls, the authority may adopt, in whole or in part, the land use controls of the town of Newington and/or the city of Portsmouth. If the authority opts not to adopt the land use controls of Newington and/or Portsmouth, in whole or in part, the authority shall adopt its own land use controls which are consistent with the comprehensive conversion and redevelopment plan prepared by the commission and consistent with the master plans of the town of Newington and the city of Portsmouth. This paragraph shall not apply to any division property or projects listed on the inventory required under RSA 12-G:43, I(e).
    IV. The land use controls and any amendments to them adopted by the authority shall only apply to all airport property at Pease Air Force Base acquired by the authority from the federal government or any agency thereof, and shall remain applicable and enforceable after the sale, lease, assignment, or other transfer of any or all of such property to such person by the authority. All other property at Pease Air Force Base shall be subject to all land use controls of the municipalities in which such property is located. This paragraph shall not apply to any division property or projects listed on the inventory required under RSA 12-G:43, I(e).
    V. With the exception of the airport zone and that portion of the airport industrial zone acquired by the authority pursuant to the Surplus Property Act of 1944, section 13(g), in the enforcement of land use controls, the following shall apply to property located at Pease Air Force Base:
       (a) The authority shall delegate enforcement of the land use controls to the appropriate land use boards of the town of Newington and the city of Portsmouth for airport property within each municipality, respectively.
       (b) If the town of Newington or the city of Portsmouth, as appropriate, rejects the enforcement on the basis of Part I, Art. 28-a of the New Hampshire constitution, the authority may delegate such enforcement to the community which did not reject it or to another community. If the town of Newington and/or the city of Portsmouth elects to perform said enforcement, the building inspection services, zoning enforcement services, and planning services of Portsmouth and/or Newington shall be made available to the authority for all land within the authority's control. In addition, the building code boards of appeal, the zoning boards of adjustment, and the planning boards of the respective municipalities shall process building code appeals, administrative appeals, special exception and variance requests, as well as subdivision, site plan review, and conditional use applications. The only charge that may be made for such services shall be the standard application fees charged by the municipalities for local permits.
       (c) In all instances, the authority shall retain the power to make the final decision regarding applicability, interpretation, and enforcement of its land use controls, which shall require 5 affirmative votes.
       (d) Any action of the authority in the exercise of its powers under this section shall be subject to a motion for rehearing and appeal in accordance with the appropriate provisions of RSA 677. In addition to any other person deemed to be an aggrieved person, the city of Portsmouth and the town of Newington and any abutters shall have standing to appeal land use decisions made by the authority.
       (e) Any property located at the former Pease Air Force Base which is sold, leased, or otherwise conveyed by the United States government to any person other than the state of New Hampshire or one of its political subdivisions shall be in full compliance with all applicable municipal land use regulations, building codes, electrical codes, plumbing codes, and related codes prior to being occupied for any use by any person.
    VI. The authority, after notice and hearing and in addition to any contract right or other power, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of the authority's land use controls applicable to the airport zone or that portion of the airport industrial zone acquired by the authority pursuant to the Surplus Property Act of 1944, section 13(g). The proceeds of any administrative fine levied pursuant to this section shall be deposited in the Pease Development Authority Airport Fund. The authority shall adopt rules relative to:
       (a) A schedule of administrative fines which may be imposed under this paragraph for violations of the authority's land use controls as provided in this paragraph;
       (b) Procedures for notice and hearing prior to imposition of an administrative fine; and
       (c) Procedures for rehearings and appeals to the board.
    Any final action by the board in the exercise of the authority's powers under this section shall be subject to appeal in accordance with RSA 677.
    VII. Notwithstanding any provisions of this section, all property on Pease Air Force Base west of McIntyre Road shall be designated a wildlife preserve under the control of the United States Department of the Interior, United States Fish and Wildlife Service, National Wildlife Refuge, or other appropriate federal or state agency. Except for the establishment of a national veteran cemetery, the authority shall not permit the development of the property designated a wildlife refuge or preserve.
    VIII. In any event, regulatory power over all land use controls at Pease Air Force Base except for the airport district and all property west of McIntyre Road designated as a wildlife preserve shall revert exclusively to the municipalities no later than January 1, 2020, or sooner at the election of the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:14 Limitations on State and Local Taxation; Provision of Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:14

    12-G:14 Limitations on State and Local Taxation; Provision of Services. –
    I. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their social and economic conditions, and, except as provided in paragraph II, the authority shall not be required to pay any tax or assessment on any property or project owned by the authority under the provisions of this chapter or upon the revenues from such property or project, nor shall the authority be required to pay any recording fee or transfer tax of any kind on account of instruments recorded by it or on its behalf. Nothing in this section shall be construed to exempt any transferee, lessee, or tenant of the authority from paying any recording fee, transfer tax, or other tax required by state law.
    II. All airport property within the boundaries of Pease Air Force Base but outside of the airport district located thereon that is owned or occupied by a person, other than the authority or any other entity exempted from taxation under RSA 72:23, shall be taxable by the municipality in which the property is located as though such property were not owned by the exempt entity and were held in fee simple. Upon leasing or renting by the authority of any of its airport property outside the airport district to a non-exempt entity for any use, the municipality in which such property is located shall subject such property to any and all applicable property taxes of the municipality as though such property were not owned by the state or authority and were held in fee simple. Tax payments shall be made as follows:
       (a) In the case of such airport property rented from the authority, the renter shall pay, in lieu of real estate taxes, to the municipality in which the property is located an amount equal to the amount that would have been paid as ad valorem taxes in respect to such property, had it been owned by a nongovernmental person.
       (b) In the case of such airport property leased from the authority, the lessee of such property shall pay all taxes duly assessed against such property no later than the due date. If the lessee fails to pay such duly assessed taxes by the due date:
          (1) Interest shall accrue on the unpaid taxes at a rate of 18 percent per annum from the due date until such taxes are paid;
          (2) The municipality in which the leased airport property is located shall have a lien, subordinate only to any existing lien of the authority or the state, upon any personal property including, but not limited to, equipment owned by the lessee, which lien shall continue in force from the due date until the taxes and accrued interest are paid; and
          (3) The municipality may bring suit against the lessee in any court of competent jurisdiction for the recovery of any unpaid taxes and interest, together with reasonable attorney's fees and costs.
       (c) Such tax payments shall be made at the times and in the manner prescribed for ad valorem property taxes for nongovernmental persons and shall be based on the valuation of the property determined by the respective municipality for such purpose, subject to any equalization or proportionality factor to be applied within such municipality. If the lessee or authority determines that any valuation made by a municipality is excessive, it may seek a reduction of the valuation by following the procedures prescribed in RSA 76 for the abatement of taxes.
    III. For all airport property within the boundaries of Pease Air Force Base and within the airport district that is owned, leased, or occupied by a person, other than the authority, who is subject to the payment of a municipal services fee in lieu of real estate taxes for the provision of services by or on behalf of the authority which are traditionally provided by the town of Newington and/or the city of Portsmouth, and to the extent such municipal services fee is based in whole or in part on the valuation of the property by the respective municipality for such purpose, subject to any equalization or proportionality factor to be applied within such municipality, if the lessee or authority determines that any valuation made by a municipality is excessive, it may seek a reduction of the valuation by following the procedures prescribed in RSA 76 for the abatement of taxes.
    IV. Notwithstanding any other provision of law:
       (a) Security for all land and buildings within the airport district and security for all flights at Pease Air Force Base shall be provided by the authority. All other police services within the airport district shall be provided by the municipalities. Any municipality providing police services to the authority within the airport district shall be reimbursed in timely manner pursuant to a contract with the authority for all costs incurred by the municipality in providing such services, including but not limited to, salaries, benefits, insurance, equipment, and associated administrative expenses.
       (b) The provision of all other services to land, buildings, and people in the airport district which are traditionally provided by the town of Newington and/or the city of Portsmouth shall be exclusively the responsibility of the authority. These services shall include, but not be limited to, the provision of fire protection, roadway maintenance, runway and parking apron maintenance, maintenance of all underground storage facilities, public assistance, public education, and public utilities. In accordance with the provisions of RSA 12-G:8, VIII, the authority may contract with any person for the provision of these services.
       (c) Outside of the airport district the provision of the municipal services by the towns of Greenland and Newington and the city of Portsmouth shall be governed by the general law of the state and the other provisions of this chapter.
    V. Notwithstanding any other provision of law, all property formerly held by the port authority and transferred to the authority, or acquired by the authority pursuant to RSA 12-G:39, is declared to be public property and shall be exempt from all taxes and special assessments of the state or any political subdivision thereof; provided that in lieu of such taxes the authority shall make payments to the city of Portsmouth in the amount of $30,000 annually for the tax year commencing April 1, 2001, and each subsequent tax year for highway maintenance, fire protection, and other services.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:14 Limitations on State and Local Taxation; Provision of Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:14

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:15 Distribution of Excess Revenues.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:15

    12-G:15 Distribution of Excess Revenues. –
    I. Subject to the limitations contained in RSA 12-G:2, XV, excess revenues of the authority may be distributed by the board annually within 30 days of the end of the authority's fiscal year as follows:
       (a) 50 percent to the state treasurer for deposit in the general fund.
       (b) 50 percent to the town of Newington, the town of Greenland, and the city of Portsmouth, to be distributed based upon the ratio of the equalized assessed value of the real property within the boundaries of Pease Air Force Base, but not including the airport district, located within the town or city limits of each municipality to the total equalized assessed value of all such property.
    II. Before any excess revenues are distributed pursuant to subparagraphs I(a) and (b), the authority shall reimburse in full on a pro rata basis the state, the town of Newington, and the city of Portsmouth for all funds provided to the commission or authority since March 30, 1989.
    III. The annual report prepared by the authority pursuant to RSA 12-G:29 shall include a detailed explanation of any distribution of excess revenues made pursuant to this section or of any decision by the board not to make such distribution.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:16 Limited Liability of State and Municipalities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:16

    12-G:16 Limited Liability of State and Municipalities. –
    I. Except as provided in paragraphs II and III of this section, all obligations and liabilities incurred by the authority related to airport property or airport projects, whether arising from bonds, contracts, or otherwise, shall be corporate obligations of the authority and not general obligations of the state or any political subdivision thereof, and neither the full faith and credit nor the taxing power of the state, nor any subdivision thereof is pledged to support such obligations, except as provided in RSA 12-G:31, nor shall they be deemed a debt of the state or any political subdivision thereof in determining its borrowing capacity under any applicable law.
    II. Any agreement between the United States and any agency thereof and the authority shall constitute a binding agreement between the United States and the state. Any agreement between the United States and the authority obligating the state to expend funds may be satisfied in full by revenues, bond proceeds, or other funds provided by the authority in the first instance, and if such funds are insufficient, then the obligations shall be satisfied by the state from other funds. Furthermore, any agreement between the United States and the authority requiring payment of funds by the authority to purchase any property at Pease Air Force Base shall be satisfied in full by revenues, bond proceeds, or other funds provided by the authority, and such payment shall not require a pledge of the full faith and credit of the state, except as otherwise provided under RSA 12-G:31.
    III. All obligations and liabilities incurred by the authority related to division property or division projects, whether arising from bonds, contracts, or otherwise, shall be general obligations of the state of New Hampshire.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:17 Issuance of Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:17

12-G:17 Issuance of Bonds. – The authority may issue bonds which shall be obligations of the authority and not general obligations of the state, except as provided in RSA 12-G:31. Such bonds may be issued from time to time consistent with the purposes and provisions of this chapter, including, without limitation, financing the preacquisition costs and other costs of acquisition of any property or interest therein at Pease Air Force Base, or for any costs incurred in undertaking any airport project authorized by this chapter, or for paying or refunding any bonds issued pursuant to this section or interest thereon. The principal of, and premium, if any, and interest on all bonds shall be payable solely by the authority in accordance with the provisions of this chapter. Prior to each new issuance of bonds, the authority shall provide written notice to the state treasurer of the maximum amount of bonds proposed to be issued. The bonds shall be issued by the authority in such amounts as the board shall determine, not exceeding in the aggregate $250,000,000. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate, or other method as may be determined by the board, and shall mature at such time or times as may be determined by the board, except that no bonds shall mature more than 30 years from their date of issue. Bonds may be made redeemable before maturity either at the option of the authority or at the option of the holder, or upon the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the board prior to the issuance of the bonds. The board shall determine the form and details of the bond. Subject to RSA 93-A, the bonds shall be signed by at least 4 members of the board. The bonds may be sold in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at such discount in lieu of interest as the board may determine.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:18 Security Documents.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:18

12-G:18 Security Documents. – Any bonds issued pursuant to RSA 12-G:17-28 may be issued pursuant to and entitled to the benefits of a security document between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state, or by a security document directly between the authority and the purchasers of the bonds, and such security document shall be in such form and executed in such manner as may be determined by the board. Such security document may include the mortgage, pledge, or grant of a security interest in any airport property of the authority and may pledge or assign, in whole or in part, the revenues held or to be received by the authority, excluding any division revenues, any contract or other rights to receive the revenues, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the authority, and any proceeds thereof, excluding any division revenues. Such security documents may contain provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may, in the discretion of the board, be reasonable and proper and not in violation of law. Such security documents may include provisions defining defaults and providing for remedies in the event of defaults, which may include the acceleration of maturities and the enforcement of any mortgage, pledge, or security interest, and covenants setting forth the duties of, and limitations on, the authority in relation to the custody, safeguarding, investment, and application of moneys, the issue of additional or refunding bonds, the fixing, revision, and collection of rates, charges, and other revenues, the use of any surplus bond proceeds, the establishment of reserves, the acquisition of any property or interest therein, or undertaking of any project, any contracts relating thereto, and subsequent amendments of such provisions and contracts. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues, or other moneys under a security document and to furnish such indemnification or to pledge such securities and issue such letters or lines of credit or credit facilities as may be required by the authority acting under RSA 12-G:17-28. Any such security document may set forth the rights and remedies of bondholders and of the trustee and may restrict the individual right of action by bondholders.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:19 Credit Facilities and Insurance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:19

12-G:19 Credit Facilities and Insurance. – Any bonds issued pursuant to RSA 12-G:17-28 may be issued pursuant to lines of credit or other banking arrangements under such terms and conditions not inconsistent with this chapter, and under such agreements with the purchasers or makers thereof, as the board may determine to be in the best interests of the authority. In addition to other security provided herein or otherwise by law, bonds issued by the authority pursuant to RSA 12-G:17-28 may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the authority by any bank, trust company, or other financial institution, within or without the state, and the authority may make any pledge, mortgage, assignment, or security interest in respect of its airport property and revenues other than division revenues as security for the reimbursement by the authority to the issuers of such letters or lines of credit, insurance, or credit facilities or any payments made thereunder.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:20 Perfection and Priority of Mortgage, Pledge, or Security Interest.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:20

12-G:20 Perfection and Priority of Mortgage, Pledge, or Security Interest. – Any mortgage, pledge, or security interest made by the authority under RSA 12-G:17-28 shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The airport property or revenues other than division revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received by the authority shall immediately be subject to the lien of such mortgage, pledge, or security interest without any physical delivery or segregation thereof or further act. The lien of such mortgage, pledge, or security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. No such property or revenues may be used in a manner inconsistent with the terms governing such mortgage, pledge, or securities interest. Any agreement by which a pledge or security interest in personal property is created under RSA 12-G:17-28 shall be filed or recorded in the records of the secretary of state. Any mortgage or other agreement by which a security interest in real property is created under RSA 12-G:17-28 shall be filed with the register of deeds for Rockingham county.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:21 Enforcement of Rights.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:21

12-G:21 Enforcement of Rights. – Any owner of a bond issued under the provisions of RSA 12-G:17-28 and any trustee under a security document securing the same, except to the extent the rights given in this section may be restricted by such security document, may bring suit upon the bonds and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, protect and enforce any and all rights under the laws of the state granted hereunder or under such security document and may enforce and compel performance of all duties required by this chapter or by such security document to be performed by the authority or by any director or officer of the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:22 Refunding Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:22

12-G:22 Refunding Bonds. – The authority, when authorized by the board, may issue refunding bonds for the purpose of paying any bonds issued under the provisions of RSA 12-G:17-28 at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such times prior to the maturity or redemption of the bonds being refunded as the board may determine. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other expenses from the proceeds of such refunding bonds as may be required by a security document securing the bonds. The authorization and issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect to the same shall be governed by the provisions of RSA 12-G:17-28 relating to the issue of bonds other than refunding bonds insofar as the same may be applicable.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:23 Separate Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:23

12-G:23 Separate Funds. – Any debt service fund, construction fund, debt service reserve fund, or other fund established in connection with the issuance of bonds pursuant to RSA 12-G:17-28 shall be kept separate from other moneys of the authority. The moneys deposited in any such funds, together with the income derived from any investments held as part of such funds, shall be expended without further authorization or appropriation as provided for in the security document establishing such funds.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:24 Investment of Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:24

12-G:24 Investment of Funds. – Moneys in any fund or account created under the provisions of RSA 12-G:17-28, subject to the terms and provisions of any security document applicable thereto, may be invested. Except as otherwise provided by any such security document, obligations so purchased as an investment of money in said fund or account shall be deemed at all times to be part of said fund or account, and the interest thereon and any profit arising from the sale thereof shall be credited to said fund or account, and any loss resulting on their sale shall be charged to said fund or account, respectively.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:25 Alteration of Rights of Bondholders.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:25

12-G:25 Alteration of Rights of Bondholders. – The state does hereby pledge to and agree with the holders of bonds issued RSA 12-G:17-28 that the state shall not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the said holders of such bonds or in any way impair the rights and remedies of such holders until such bonds, together with the interest on them, with the interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of such bonds.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:26 Tax Exemption.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:26

12-G:26 Tax Exemption. – Bonds issued pursuant to RSA 12-G:17-28 and their transfer and income, including any profit made on their sale or transfer, shall at all times be exempt from all taxation by or within the state.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:27 Investment Securities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:27

12-G:27 Investment Securities. – Notwithstanding any of the provisions of RSA 12-G:17-28 or any recitals in any bonds issued pursuant to RSA 12-G:17-28, all such bonds shall be deemed to be investment securities under RSA 382-A.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:28 Eligible Investments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:28

12-G:28 Eligible Investments. – Bonds issued under the provisions of RSA 12-G:17-28 are hereby made securities in which all public officers, agencies and authorities of the state and of its political subdivisions, insurance companies, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency, authority, or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:29 Audit and Annual Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:29

12-G:29 Audit and Annual Reports. – The accounts of the authority shall be subject to an annual audit performed by an independent certified public accountant selected by the authority. The authority shall submit annually to all appointing authorities, to the house finance committee, the senate finance committee, the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library a detailed report of its operations and a complete financial audit for the preceding fiscal year, including financial statements prepared in accordance with generally accepted accounting principles.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:30 Reports on Economic Development Programs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:30

    12-G:30 Reports on Economic Development Programs. –
    I. The authority shall include, as part of its annual report or as a separate report published and made available to the public annually on or before September 1, beginning September 1, 1997, the following information regarding each economic development program funded, bonded, or guaranteed by the authority:
       (a) Information regarding the number of jobs to be created or saved and the related wages and benefits levels.
       (b) The growth potential of the program.
       (c) The environmental impact of the program.
       (d) The amount of the loan, grant, loan guarantee, bond guarantee, or tax incentives awarded.
    II. The annual report shall also include information regarding the criteria for the awarding of economic development assistance and the means by which the authority tracks the progress which each awardee makes in meeting the job, wage, and benefit projection included in its application for assistance.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:31 State Bond Guarantee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:31

12-G:31 State Bond Guarantee. –
I. In view of the general public benefits expected to be derived from the airport property acquisitions and airport projects to be financed under this chapter, and their contribution to the social and economic prosperity of the state and its political subdivisions, the governor and council may award an unconditional state guarantee of the principal and interest thereon of bonds issued pursuant to RSA 12-G:17-28. The full faith and credit of the state shall be pledged for any such guarantees of principal and interest, but the total amount of the principal of bonds guaranteed by the state under this section shall not exceed $50,000,000, plus interest. The governor, with the advice and consent of the council, is authorized to draw a warrant for such a sum out of any money in the treasury not otherwise appropriated, for the purpose of honoring any guarantee awarded under this section. The state's guarantee shall be evidenced on each guaranteed bond by an endorsement signed by the state treasurer in substantially the following form:
The state of New Hampshire hereby unconditionally guarantees the payment of the whole of the principal and interest thereon of the within bond and for the performance of such guarantee the full faith and credit of the state are pledged.

__________

State Treasurer

II. In connection with the award of a state guarantee, the governor and council may impose such terms and conditions as they may deem appropriate concerning the bonds, the use of any airport property or operation of any airport project and the revenues therefrom, and reimbursement to the state if any state funds are used to honor the guarantee. Such terms and conditions may be contained in an agreement between the state and the authority, to be executed on behalf of the state by the governor and the state treasurer and on behalf of the authority by at least 4 directors.
III. In lieu of a state guarantee under this section, the state treasurer is authorized to borrow upon the credit of the state a sum not exceeding the total state bond guarantee authorized in RSA 12-G:31, I to make a loan or loans to the authority for the purposes of this chapter relating to airport property and airport purposes, and issue general obligation bonds or notes in the name of and on behalf of the state in accordance with the provisions of RSA 6-A. The terms and conditions of any such loan shall be determined by the state treasurer and the governor and council may impose such other conditions as they may deem appropriate. Payments of principal and interest on the bonds or notes issued under this paragraph shall be made when due from available funds of the authority. The principal amount of bonds of the authority that may be guaranteed by the state under paragraph I of this section shall be reduced by the amount of bonds issued by the state under this paragraph.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:32 Operating Budget.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:32

12-G:32 Operating Budget. – The authority shall comply with the requirements of RSA 9:1 through 9:9, relative to the budget. The authority shall include in its biennial estimate of the expenditure requirements of the division of ports and harbors a separate line item titled "Reimbursement to Pease Development Authority for Services' and request a reasonable estimated amount to cover such costs as necessary.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:33 Comprehensive Development Plan Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:33

12-G:33 Comprehensive Development Plan Required. – Notwithstanding any other provision of law and subject to approval by the fiscal committee of the general court of a comprehensive development plan for the former Pease Air Force Base prepared and submitted by the authority, the governor and council may award an unconditional state guarantee of the principal and interest thereon of bonds issued under this section. The full faith and credit of the state shall be pledged for any such guarantees of principal and interest, but the total amount of the principal of bonds guaranteed by the state under this section shall not exceed $35,000,000, plus interest. The comprehensive development plan shall include the designation and delineation of a research district within the bounds of the former Pease Air Force Base. The governor, with the advice and consent of the council, is authorized to draw a warrant for such a sum out of any money in the treasury not otherwise appropriated, for the purpose of honoring any guarantee awarded under this section. The state's guarantee shall be evidenced on each guaranteed bond by an endorsement signed by the state treasurer in substantially the following form:
The state of New Hampshire hereby unconditionally guarantees the payment of the whole of the principal and interest thereon of the within bond and for the performance of such guarantee the full faith and credit of the state are pledged.

__________

State Treasurer

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:34 Pease Matching Grants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:34

12-G:34 Pease Matching Grants. – Notwithstanding any other provision of law, the state treasurer is authorized to borrow upon the credit of the state a sum not exceeding $5,000,000 to make a loan or loans to the authority to be used for the purposes of matching funds for Federal Aviation Administration grants, Economic Development Administration grants, and other available grants. General obligation bonds and notes shall be issued in the name of and on behalf of the state in accordance with the provisions of RSA 6-A. The terms and conditions of any such loan shall be determined by the state treasurer and the governor and council may impose such other conditions as they may deem appropriate. Payments of principal and interest on the bonds or notes issued under this paragraph shall be made when due from available funds of the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:35 Matching Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:35

12-G:35 Matching Funds. – Notwithstanding any other provision of law, the state treasurer is authorized to borrow upon the credit of the state a sum not exceeding $10,000,000 to make a loan or loans to the authority to be used solely for the purposes of matching public and private funds, and said aggregate moneys shall be expended solely for the development of the research district of the Pease International Tradeport. General obligation bonds and notes shall be issued in the name of and on behalf of the state in accordance with the provisions of RSA 6-A. The terms and conditions of any such loan shall be determined by the state treasurer and the governor and council may impose such other conditions as they may deem appropriate. Payments of principal and interest on the bonds or notes issued under this paragraph shall be made when due from available funds of the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:36 Pease Development Authority Airport Fund; Expenditure of Other Revenues.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:36

    12-G:36 Pease Development Authority Airport Fund; Expenditure of Other Revenues. –
    I. For the purpose of providing a fund to be known as the Pease Development Authority Airport Fund, the state treasurer shall credit to such fund any appropriation made to the authority for each fiscal year excluding division revenues and any appropriation related to the division, division property, a division project, or any activity of the division.
    II. All sums so credited are appropriated to the authority:
       (a) To purchase, lease, acquire, own, improve, use, sell, convey, transfer, or otherwise deal in and with airport property, an airport project, or any interest therein, whether tangible or intangible, as otherwise authorized under this chapter;
       (b) To pay the costs of operating, maintaining, improving, and repairing all airport property and airport projects of the authority;
       (c) To pay the costs of administering and operating the authority, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board or the executive director but excluding any such costs related to administering and operating the division, division property, or any division project;
       (d) To pay the principal of, and premium, if any, and the interest on the outstanding bonds of the authority related to airport property or airport projects as the same become due and payable;
       (e) To create and maintain reserves established pursuant to RSA 12-G:18 or required or provided for in any resolution authorizing, or any security document securing, such bonds of the authority related to airport property or airport projects;
       (f) To create and maintain a capital improvement fund for airport property and airport projects to be established by the board in an amount not more than $10,000,000;
       (g) To pay all taxes owed by the authority related to airport property or airport projects;
       (h) To pay any excess revenues authorized pursuant to RSA 12-G:12; and
       (i) In general for the payment of all expenses incident to the management and operation of the authority, excluding such expenses related to the management and operation of the division, division property, or any division project, as are consistent with its statutory purpose and as the board thereof may from time to time determine.
    III. This fund shall constitute a continuing appropriation for the benefit of the authority. Any amount remaining in this fund to the credit of the authority at the close of any fiscal year shall be nonlapsing and shall be carried over and credited to its account for the succeeding year.
    IV. Money in this fund shall be paid to the treasurer of the authority on manifests approved by the governor and council in the same manner as other state claims are paid, provided that there shall be advanced to the treasurer such money as may be requested by the treasurer of the authority and approved by the governor and council, and provided further that manifests covering the money so advanced shall be submitted according to regular procedure at the earliest practicable time.
    V. The revenues received and due to the authority from all other sources, except by way of state appropriation or division revenues, from whatever source derived shall be retained by the authority and shall be used in such manner as the board may determine consistent with the provisions of this chapter or as is otherwise provided by law or by the terms and conditions incident to any gift, grant, devise, bequest, trust, or security document.
    VI. Notwithstanding any other provision of law, no revenues of the authority other than division revenues shall be used for or paid on account of any obligation or liability of the authority related to or arising out of the ownership, operation, or maintenance of the division, division property, or any division project.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:37 Pease Development Authority Ports and Harbors Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:37

    12-G:37 Pease Development Authority Ports and Harbors Fund. –
    I. For the purpose of providing a fund to be known as the Pease Development Authority Ports and Harbors Fund, the state treasurer shall credit to such fund any appropriation made to the authority for each fiscal year relating to the division, division property, a division project, or any activity of the division, except any appropriation made to the harbor dredging and pier maintenance fund in accordance with RSA 12-G:46.
    II. All sums so credited are appropriated to the authority:
       (a) To purchase, lease, acquire, own, improve, use, sell, convey, transfer, or otherwise deal in and with division property, a division project, or any interest therein, whether tangible or intangible, as otherwise authorized under this chapter;
       (b) To pay the costs of operating, maintaining, improving, and repairing all division property and division projects;
       (c) To pay all costs as allocated by the authority for administering and operating the division, including, but not limited to, all wages, salaries, benefits, and other expenses authorized by the board, the executive director, the division director, or other provision of law, including without limitation, reimbursement of the fund established under RSA 12-G:36 or any other source of revenue of the authority other than division revenues to the extent that the wages, salary, benefits, or other expenses, including without limitation reasonable overhead expenses, of any employee of the authority assigned to carry out any responsibility, task, or duty of the division are paid from the fund established under RSA 12-G:36 or from revenues of the authority other than division revenues;
       (d) To pay the principal of, and premium, if any, and the interest on any outstanding bonds of the state related to division property or division projects as the same become due and payable;
       (e) To pay all payments in lieu of taxes owed by the authority, if any, related to division property or division projects; and
       (f) In general for the payment of all expenses incident to the management and operation of the division, as are consistent with its statutory purpose and as the board may from time to time determine.
    III. This fund shall constitute a continuing appropriation for the benefit of the authority. All division revenues associated with operations and responsibilities assigned by the authority to the division in excess of the operating expenditures required for the activities of the division shall be deposited in the general fund until such time as any bonds authorized and issued relating to division property or division projects have been retired. After such bonds have been retired, any amount remaining to the credit of the authority in this fund at the close of any fiscal year in excess of the amounts required under paragraph II shall lapse and shall be returned to the general fund of the state.
    IV. Money in this fund shall be paid to the treasurer of the authority on manifests approved by the governor and council in the same manner as other state claims are paid, provided that there shall be advanced to the treasurer such money as may be requested by the treasurer of the authority and approved by the governor and council, and provided further that manifests covering the money so advanced shall be submitted according to regular procedure at the earliest practicable time.
    V. Notwithstanding any other provision of law, no money in the fund shall be used for or paid on account of any obligation or liability of the authority related to or arising out of the ownership, operation, or maintenance of airport property or airport projects.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:38 Authorization to Seek Designation as Port of Entry or International Airport and to Establish Foreign Trade Zone and Free Port Area.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Section 12-G:38

    12-G:38 Authorization to Seek Designation as Port of Entry or International Airport and to Establish Foreign Trade Zone and Free Port Area. –
    I. The authority shall be and is hereby authorized to make application to the Secretary of the Treasury of the United States for the purpose of having Pease Air Force Base, or portions thereof, designated, established, or constituted, a port of entry, or an international airport, pursuant to the Customs Reorganization Act, 19 U.S.C. section 1 et seq., as amended, and 19 U.S.C. section 58b, as amended, and regulations of the United States Customs Service, including 19 C.F.R. section 101.0, et seq. and 19 C.F.R. section 122.1, et seq.
    II. The authority shall be and hereby is authorized to make application to the Secretary of Commerce of the United States for the purpose of establishing, operating, and maintaining foreign-trade zones in the state of New Hampshire, including without limitation at Pease Air Force Base, pursuant to the Free Trade Zone Act, 19 U.S.C. section 81a, et seq., as amended, providing for the establishment, operation, and maintenance of foreign trade zones in or adjacent to ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes. Unless precluded by federal law, any foreign trade zone or free port area previously under the jurisdiction of the former port authority, and all duties, responsibilities, and obligations associated therewith, shall be transferred to the authority when the duties, functions, and jurisdiction of the port authority are transferred to the authority.
    III. The authority shall have full power and authority to select and describe the location of the zone for which application to establish may be made and to make such rules and take such other actions concerning the operation, maintenance, and policing of same as may be necessary to comply with the Free Trade Zone Act and the regulations adopted thereunder, or as may be necessary to comply with such regulations made in accordance with the acts of Congress relating to foreign trade zones. The authority hereby granted to the authority confers on the authority the right and duty to do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign trade zones with the state of New Hampshire to comply with the provisions of any acts of Congress or rules promulgated thereunder relating to foreign trade zones or free port areas. The authority shall also be authorized to set and collect fees for the management of any foreign trade zone or free port area established or maintained under this chapter.
    IV. The authority shall have full power and authority to lease the right or to erect, maintain, and operate any structures or buildings or enclosures as may be necessary or proper for the establishing and operating of any such foreign trade zones that might be established at Pease Air Force Base or in the state of New Hampshire.
    V. The authority shall have the power and the duty to establish areas at Pease Air Force Base and in and around the ports, harbors, and navigable tidal rivers of the state of New Hampshire wherein personal property in transit shall be exempt from the provisions of the stock-in-trade tax and such other taxes and customs as are normally levied in a port of entry. For the purpose of this section, personal property in transit through the areas established by the authority is defined as follows: goods, wares, and merchandise which is (a) moving in interstate or international commerce through or over the areas hereinbefore established, or (b) which was consigned to a warehouse, public or private, within the state, from outside the state, whether specified when transportation begins or afterward. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled, or repackaged. The exemption granted shall be liberally construed to effect the purposes of this chapter, provided, however, that the warehouse in which said goods, wares, or merchandise is stored shall not be owned, in whole or in part, by either the consignee or consignor.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:39 Acquisition of Land for Port Purposes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Acquisition and Management of Division Property

Section 12-G:39

12-G:39 Acquisition of Land for Port Purposes. – In addition to any other power or authority conferred on the authority under this chapter, the authority, with the approval of the governor and council, may, in the name of the state, purchase, lease, or otherwise acquire lands or interests in land, including options, on, near, or adjacent to the tidal waters of the state suitable for constructing, establishing, and maintaining thereon piers, wharves, warehouses, or other facilities useful and necessary in the encouragement and development of commercial navigation. Before making any such purchase or acquisition, the authority shall submit to the governor and council a detailed description of the land or interests therein to be acquired, together with a statement of the purposes for which the property is suited and the cost of acquisition and estimated cost of development, as well as such other information as the governor and council shall require. The authority, with the approval of the governor and council, may accept gifts of land; and may in like manner accept and apply to the purchase of land or the development thereof, contributions, gifts, or aid in any form made or given for the purpose by any person, firm, or corporation, or by any municipality or by the United States, and may execute instruments necessary to qualify for such contributions, gifts, or aid. Any land or interest in land acquired by the authority pursuant to this section shall be considered division property and not airport property and shall not be included in the airport district.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:40 Improvements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Acquisition and Management of Division Property

Section 12-G:40

12-G:40 Improvements. – The authority, with the approval of the governor and council as to the nature and specifications of the intended project and the cost thereof, may undertake the improvement of any land acquired by it pursuant to RSA 12-G:39 by the construction thereon of piers, wharves, warehouses, or other facilities as specified in RSA 12-G:39. Any such improvement shall, insofar as possible, be self-liquidating; and the authority shall charge just and reasonable fees for the use thereof. All revenue received from such fees shall be considered division revenues, shall be accounted for separately from other revenues of the authority, and, after the deduction therefrom of the cost of operating such project, shall be applied to the amortization of any obligations of the authority related to division projects.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:41 Reservation of Local Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Acquisition and Management of Division Property

Section 12-G:41

12-G:41 Reservation of Local Authority. – All towns and cities within the confines of which there are ports, harbors, or navigable tide rivers of the state which are subject to the jurisdiction of the authority, or the division acting on behalf of the authority, shall retain all the powers of such town or city relative to such ports, harbors, and navigable tide rivers and the lands abutting the same, excluding lands located within the boundaries of the former Pease Air Force Base, so long as the authority has not by positive action or definite rule or regulation preempted the jurisdiction hereof. No town or city shall have any jurisdiction over the land or activities at the former Pease Air Force Base except as specifically authorized under other provisions of this chapter.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:42 Additional Powers and Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Section 12-G:42

    12-G:42 Additional Powers and Duties. – The authority, acting through its division of ports and harbors, shall be responsible for the former functions, duties, and responsibilities of the port authority and shall have the following powers and duties in addition to any other powers and duties set forth in this chapter:
    I. Have the authority to make all necessary arrangements with port authorities of other states and federal departments, agencies, and foreign countries and their port entities for the interchange of business, and for such other purposes as will facilitate and increase the commerce of the ports, harbors, and tidal navigable rivers of the state.
    II. Establish offices for the transaction of division business at such places as, in the opinion of the authority, shall be advisable and necessary in carrying out the purposes hereof.
    III. Be authorized and empowered to appoint and compensate a chief harbor master and harbor masters for communities within the confines of which there are ports, harbors, or navigable tide waters of the state who will enforce the directives of the authority and the division, such as the placement of moorings, the assignment of anchorage areas, and the movement of traffic. The authority may appoint an assistant harbor master at any such place to assist the harbor master of such place in carrying out the harbor master's duties.
    IV. Be authorized and empowered to contract with and secure the services of a port terminal operating firm, subject to approval of governor and council, for the purpose of having such firm operate a part or all of the facilities of the authority, including piers, wharves, warehouses, parking and storage areas, or other facilities owned or leased by the authority acting through the division, with such operating firm having the exclusive right to operate the business of a port terminal operator and stevedore, including but not limited to the handling of cargo, the collection of fees from wharfage and dockage and other marine terminal operations, the maintenance and security of the premises, and the promotion, encouragement, and solicitation of business for such port facility or facilities. Such contract with an operating firm shall include the following provisions:
       (a) Said firm shall file with the division for its approval a tariff clearly defining the terms "wharfage'' and "dockage'' and the charges to be made therefor;
       (b) The amount of minimum payments per year satisfactory to the authority to be paid to it for the exclusive right to operate upon the marine terminal, as described in the contract, the business of a port terminal operator and stevedore;
       (c) The amount retained by said firm from all fees for which it is accountable, said amount being a percentage to cover administrative costs of collection;
       (d) Said firm to supply a ship's manifest for every vessel using said facilities;
       (e) Said firm to provide a performance bond in an amount and form acceptable to the authority, as well as insurance in amounts acceptable to the authority for fire and extended coverage, public liability, property damage, and other risks as required by the authority, the insurance company or companies to be licensed to do business in New Hampshire and to be acceptable to the authority;
       (f) Said firm to file quarterly reports with the division indicating the amount of all fees for which it is accountable to the authority, the amounts collected, and the amounts retained, with a certified audit prepared by a certified public accountant submitted annually;
       (g) Such other appropriate provisions which in the opinion of the attorney general will carry out the intent of this section and best protect the interest of the authority and of the state.
    V. Set and collect fees for mooring and slip permits and waiting lists for such permits. The authority shall establish fees for slips in harbors and tidal rivers that are equal to or proportional to the fees for moorings in harbors. Fees shall not be charged for slips at industrial piers along the Piscataqua River or at state-owned piers in harbors. The fees for slips shall be paid into the harbor dredging and pier maintenance fund established under RSA 12-G:46.
    VI. Install and continually maintain a uniform system for marking the intercoastal waters of the state including the state ports, harbors, and navigable tidal rivers not presently marked by the United States Coast Guard, using funds collected from the fees required under RSA 270-E:3, III, and any other funds so appropriated. Said marking system shall be installed on an incremental basis and maintained as necessary.
    VII. Have the responsibility for and jurisdiction over the state-owned commercial fishing piers and facilities at Portsmouth, Rye Harbor, and Hampton Harbor except as provided in RSA 12-A:7-a.
    VIII. Adopt rules, pursuant to RSA 541-A, relative to:
       (a) Port captains, pilots, and pilotage.
       (b) Harbors and harbor masters.
       (c) Setting and collecting fees for moorings, slips, waiting lists, and pilotage. A table of such fees shall be attached to the commission of each pilot.
       (d) Setting and collecting fees authorized in the foreign trade zone and free port areas.
       (e) Civil and criminal penalties for violations of the rules of the division.
       (f) Any matter necessary for the proper administration of the division.
    IX. Encourage any contractor bidding on a division project at the port of Portsmouth which is funded through the division or the state of New Hampshire, to employ the maximum possible number of New Hampshire residents. For the purposes of this paragraph, "resident'' shall mean any person maintaining a dwelling within the state of New Hampshire who has a present intent to remain within the state for a period of time.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:43 Division of Ports and Harbors.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Section 12-G:43

    12-G:43 Division of Ports and Harbors. –
    I. There is established within the authority a division of ports and harbors. The division of ports and harbors shall:
       (a) Plan for the maintenance and development of the ports, harbors, and navigable tidal rivers of the state of New Hampshire from the head of navigation to the seaward limits within the jurisdiction of the state, in order to foster and stimulate commerce and the shipment of freight through the state's ports and, as an agency of the state, to assist shipping, and commercial and industrial interests that may depend on the sea for transport of products, including such interests as may be desirous of locating in tidewater areas of the state; as well as to encourage the establishment of accommodations for the boat traveler, the area boat owners, the pleasure fishermen, and others who pass up and down our coast line or in its tributaries.
       (b) Aid in the development of salt water fisheries and associated industries.
       (c) Cooperate with any agencies or departments of the federal government in planning the maintenance, development, and use of the state ports, harbors, and navigable tidal rivers.
       (d) Plan, develop, maintain, use, and operate a heliport facility on property owned or controlled by the division. The division shall cooperate with departments, agencies, authorities, or commissions of the federal, state, or local governments and accept grants, aid, or services from such agencies in the carrying out of this purpose. Such authorization relating to heliport facilities shall include and be governed by all other provisions of this chapter.
       (e) Maintain at all times a complete inventory of division property and port projects.
       (f) Perform such other duties and functions relating to the administration, management, and operation of division property and division projects as are assigned to division by the authority.
    II. The governor and council shall appoint a director of the division of ports and harbors who shall be qualified by education and experience and who shall hold office for a term of 5 years. Whenever an appointment of the director of the division is to be made, the board may make recommendations to the governor and submit such recommendations to the governor for the governor's consideration; however, the governor shall not be bound by such recommendations. The governor and council shall have authority to remove the director of the division as provided in RSA 4:1. The director of the division shall be the administrative officer of the division and shall have general and active supervision and direction over the day-to-day business and affairs of the division and its employees, subject, however, to the direction and control of the board and the executive director. The division director shall perform all such other duties as from time to time may be assigned by the board or the executive director. The division director shall also be the secretary of the division of ports and harbors advisory council, shall keep a record of the proceedings of the council, and shall be the custodian of all books, documents, and papers filed with the division or the ports and harbors advisory council. The division director shall have the power to cause copies to be made of all minutes and other records and documents of the council and to give certificates under the seal of the authority to the effect that such copies are true copies, and all persons dealing with the division or authority may rely upon such certificates. In addition to the classified employees of the division, the division director, with the concurrence of the executive director, may employ such assistants and clerical and administrative staff as are within the limits of funds available for that purpose. The salary of the division director shall be established by the board.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:44 Division of Ports and Harbors Advisory Council.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Section 12-G:44

    12-G:44 Division of Ports and Harbors Advisory Council. –
    I. There is hereby established a division of ports and harbors advisory council consisting of 8 members, 6 of whom shall be appointed by the governor, with the advice and consent of the council. At least 3 of said appointive members shall be residents of the cities and towns of the seacoast region or tidal waters and at least one appointive member shall be a commercial fisherman engaged in that industry on the seacoast, and each shall serve for a term of 5 years. Said members shall serve until their successors are appointed and qualified. Any vacancy occurring in the membership of the appointive members shall be filled by the governor and council for the unexpired term. In addition to the 6 appointive members, the commissioner of the department of resources and economic development and the mayor of the city of Portsmouth shall be, by virtue of their offices, members of the council.
    II. The council shall elect one of its members as a chairman, one as a vice-chairman, and one as a treasurer. The members of the council shall receive no compensation for their services; but their reasonable expenses, incurred in the performance of their duties, shall be paid by the state. The council shall have the right to establish bylaws for the management of its affairs within the meaning of this chapter and the laws of the state. The division shall provide the council with the administrative support necessary to carry out its responsibilities under this chapter.
    III. The council shall consult with and advise the division director with respect to the policy, programs, and goals of the division, the operation of the port, the selection of harbor masters and assistant harbor masters, and the procurement of services of a port terminal operating firm. In order to accomplish said purposes, the council shall meet with the division director no less frequently than quarterly, or at the call of the chairman or 3 council members. All potential conflicts of interest shall be adequately disclosed. The council shall file annually a report of its deliberations and recommendations with the board and the executive director. The authority, by 5 affirmative votes, may override any action of the council.
    IV. The division director shall present all rules proposed to be implemented by the authority under RSA 12-G:42, VIII to the council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to the proposed rule to the division director and to the board in writing within 15 days of submission to the council by the division director. The authority may adopt a rule to which the council has objected only upon 5 affirmative votes of the authority and after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
    V. The council may propose rules to the authority for adoption under RSA 12-G:42, VIII. The authority shall adopt rules proposed by the council unless, within 15 days of their proposal, the authority, by 5 affirmative votes, objects to the adoption of such rules and presents a written reply to the council detailing the reasons for objection.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:45 Dredge Management in Tidal Waters.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Section 12-G:45

    12-G:45 Dredge Management in Tidal Waters. – The division, subject to the supervision of the authority and in consultation with the division of ports and harbors advisory council, shall be responsible for managing harbor and channel dredging activities within the tidal waters of the state. The division shall:
    I. Assess the existing dredge permitting process with state and federal permitting agencies for the purposes of identifying an improved review process.
    II. Establish and implement a process to ensure that dredging projects are completed in a timely and cost effective manner, recognizing the need to:
       (a) Coordinate with and utilize the services of the local and private sector to establish a reliable program; and
       (b) Work in conjunction with other state and federal agencies to ensure uniform and timely compliance with other laws, regulations, and rules, including, but not limited to, permitting in accordance with RSA 482-A and RSA 485-A and to ensure that a certificate of consistency is obtained from the coastal zone management program; and
       (c) Develop a long-range plan and schedule to serve as a guide for individual dredging activities.
    III. Initiate and implement dredging projects, which may include dredging performed by the authority, to maintain and improve channels and harbors in accordance with the long-range plan and schedule.
    IV. Submit an annual report to the senate president, the speaker of the house of representatives, and the governor and council on the status of current dredging projects and the projection of future dredging projects and costs.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:46 Harbor Dredging and Pier Maintenance Fund Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors

Section 12-G:46

    12-G:46 Harbor Dredging and Pier Maintenance Fund Established. –
    I. There is hereby established a harbor dredging and pier maintenance fund to be used by the authority acting through the division to meet its obligation to initiate and implement dredging projects to maintain channels and harbors, and to initiate projects to maintain public piers in safe and efficient condition.
    II. The fund shall be nonlapsing and continually appropriated for the purposes of initiating and implementing harbor dredging projects and maintaining public piers. The authority shall, in each biennium, request annual appropriations to the fund in an amount sufficient to provide for the funding of the authority's periodic harbor dredging and pier maintenance efforts. The state treasurer shall invest the moneys deposited in the fund as provided by law. Interest earned on moneys deposited in the fund shall be deposited into the fund.
    III. The authority shall not encumber, obligate, or expend any funds from the harbor dredging and pier maintenance fund without the prior approval of the capital budget overview committee.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:47 Pilots.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:47

12-G:47 Pilots. – The authority, in consultation with the division director and the division of ports and harbors advisory council, may adopt rules prescribing the qualifications of pilots, and from time to time appoint and commission, under its hand and seal, as many pilots as it may judge necessary, and remove the same at pleasure; and it shall take from them such security, by bond or otherwise, as it may deem proper.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:48 Authority of Pilot.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:48

12-G:48 Authority of Pilot. – Any pilot appointed by the authority, who has given security for the faithful discharge of his or her duties, may take charge of any vessel, except pleasure or fishing vessels, or a vessel of 150 registered or enrolled tons and under, and shall pilot such vessel into and out of the river and harbor of the Piscataqua, first showing to the master thereof the pilot's appointment if requested.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:49 Pilots Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:49

12-G:49 Pilots Required. – All vessels (except pleasure or fishing vessels, or vessels of 150 registered or enrolled tons or under, and U.S. flag coastwise vessels with a Federal pilot aboard) are required to be piloted by a pilot appointed by the authority into and out of the Piscataqua River and harbor from a point designated by the authority.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:50 Chief Harbor Master.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:50

    12-G:50 Chief Harbor Master. –
    I. Subject to the supervision of the authority and the division director, the chief harbor master's duties shall include but not be limited to the following:
       (a) Enforcement of authority directives and rules adopted pursuant to RSA 12-G:42, VIII.
       (b) Management of the assignment and placement of moorings.
       (c) Designation of anchorage areas.
       (d) Management of navigation aides outside of the federal channel.
       (e) Management of the movement of traffic, as necessary.
       (f) Direction of the removal or movement of vessels during emergencies.
       (g) Overseeing the dredge management program.
       (h) Overseeing the harbor management program.
       (i) Inquiring into and prosecuting all offenses occurring within the chief harbor master's jurisdiction.
       (j) Any other duties assigned by the authority or the division director.
    II. The assistant harbor masters shall assist the chief harbor master in the performance of the chief harbor master's duties.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:51 Power of Arrest.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:51

12-G:51 Power of Arrest. – The chief harbor master shall have all of the powers of a police officer to make arrests for violations of the provisions of this chapter and rules adopted under the provisions of RSA 12-G:42, VIII.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:52 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Pilots and Harbor Masters

Section 12-G:52

12-G:52 Penalty. – Whoever violates any of the rules of the authority adopted under the authority of RSA 12-G:42, VIII, or refuses or neglects to obey the lawful and reasonable orders of the chief harbor master, or resists the chief harbor master in the execution of the chief harbor master's duties, shall be guilty of a class B misdemeanor.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:53 Construction and Effect of Other Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Construction and Effect of Other Laws

Section 12-G:53

    12-G:53 Construction and Effect of Other Laws. –
    I. All actions and proceedings of the authority shall be governed by the provisions of RSA 91-A.
    II. Purchases and contracts of the authority may be made or let without regard to any provision of law relating to public purchases or contracts.
    III. Except for rules adopted pursuant to RSA 12-G:42, VIII, the authority shall be exempt from the provisions of RSA 541-A and may adopt rules and bylaws in accordance with its own procedures. Except for rules adopted pursuant to RSA 12-G:42, VIII, the authority shall file in the office of legislative services a copy of all rules and bylaws adopted, amended, or repealed by the authority. All such rules and bylaws shall be filed in the office of legislative services within 7 days of such adoption, amendment, or repeal.
    IV. Any rule adopted by the authority pursuant to RSA 12-G:42, VIII or RSA 12-G:47 shall be adopted in accordance with the provisions of RSA 541-A.
    V. The provisions of this chapter shall be liberally construed in order to effect its purpose.
    VI. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-G:54 Division of Ports and Harbors Revolving Loan Fund Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-G
PEASE DEVELOPMENT AUTHORITY

Division of Ports and Harbors Revolving Loan Fund Committee

Section 12-G:54

12-G:54 Division of Ports and Harbors Revolving Loan Fund Committee. – There is hereby established the division of ports and harbors revolving loan fund committee. The committee shall assist the division of ports and harbors in administering loan funds. The committee shall review applications for loan funding to determine whether they meet the minimum eligibility requirements and comply with applicable federal and state laws. The committee shall make recommendations to the division of ports and harbors for each application. Members of the committee shall be appointed by the governor.

Source. 2001, 290:6, eff. July 1, 2001.

Section 12-H:1 New Hampshire Council on Applied Technology and Innovation Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-H
NEW HAMPSHIRE COUNCIL ON APPLIED TECHNOLOGY AND INNOVATION

Section 12-H:1

    12-H:1 New Hampshire Council on Applied Technology and Innovation Established. –
    I. There is established a council to gather and disseminate information relative to the application of technology-based innovations, inventions, adaptations, and other uses in or by the private and public sectors in New Hampshire. Specifically, the council shall study all relevant information in applied technology including, but not limited to:
       (a) Promoting efficiencies in the workplace.
       (b) Providing tools to improve education techniques.
       (c) Exploring ways by which technology may reduce the costs of state and local government operations.
       (d) Identifying the means by which New Hampshire may become more attractive to technology-based business.
       (e) Providing a forum for the sharing of information technology and its application in the private sector and this state's government.
       (f) Identification of in-state resources for the use of state government and its development of information management systems.
       (g) Development of a statewide information network linking all schools, libraries, and state and local government.
       (h) How to optimize the benefits of information technology for the state, its political subdivisions, and its citizens.
    II. The council shall consist of the following members:
       (a) Three house members appointed by the speaker, who are to be one member from the house science and technology committee, one member from the house commerce committee, and one member from the house education committee.
       (b) Three senators appointed by the senate president, who are to be one member from the senate energy and economic development committee, one member from the senate education committee, and one member from the senate public affairs committee.
       (c) The governor or designee, the commissioner of the department of education or designee, the commissioner of the department of administrative services or designee, the state librarian or designee, a representative from municipal government appointed by the New Hampshire Municipal Association, and a representative from county government appointed by the New Hampshire Association of Counties.
       (d) Additional members as the council may deem appropriate, without restriction as to number. In order that its pool of information and resources is as broad as possible, the council is encouraged to recruit additional members, additional participants, and guest speakers, who may represent state or local government entities, private businesses, business or trade groups, or educational groups or institutions.
    III. The legislative members shall receive mileage at the legislative rate for attending to the duties of the council. The legislative members shall serve a term which is coterminous with their elected office and the members under subparagraph II(c) shall serve a term which is coterminous with their appointed office. The other members of the council shall serve 3-year terms.
    IV. To fund the on-going expenses and activities of the council, the council shall be permitted to solicit contributions from any appropriate source other than from state revenues and to maintain such contributions in a nonlapsing account in the state treasurer's office. At no time shall the total amount of funds in the nonlapsing account be greater than $20,000.
    V. The council shall meet as often as is deemed appropriate by its membership, providing that the council meets no less than once each quarter of the year.

Source. 1996, 144:1, eff. July 23, 1996. 2000, 320:3-5, eff. Aug. 20, 2000.

Section 12-H:2 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-H
NEW HAMPSHIRE COUNCIL ON APPLIED TECHNOLOGY AND INNOVATION

Section 12-H:2

12-H:2 Report. – The council shall file a periodic summary of its findings, along with such recommendations as may be warranted, in a time frame deemed appropriate by the council members, but not less than annually by September 1 of each year. Such reports shall be issued to the governor, the speaker of the house, the president of the senate, the chairperson of each committee represented on the council and to the general membership of the council.

Source. 1996, 144:1, eff. July 23, 1996.

Section 12-I:1 Northern New England Interstate Commission on Economic Development Established; Members.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-I
NORTHERN NEW ENGLAND INTERSTATE COMMISSION ON ECONOMIC DEVELOPMENT

Section 12-I:1

    12-I:1 Northern New England Interstate Commission on Economic Development Established; Members. – There is hereby established the Northern New England Interstate Commission on Economic Development to examine and promote economic development throughout New Hampshire, Maine, and Vermont. The members of the commission shall be as follows:
    I. The governor of the state of New Hampshire, or designee.
    II. The governor of the state of Maine, or designee.
    III. The governor of the state of Vermont, or designee.
    IV. The commissioner of the New Hampshire department of resources and economic development, or designee.
    V. The commissioner of the Maine department of resources and economic development, or designee.
    VI. The commissioner of the Vermont department of resources and economic development, or designee.
    VII. One public member from each state, appointed by the governor of each respective state.

Source. 1997, 270:1.

Section 12-I:2 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-I
NORTHERN NEW ENGLAND INTERSTATE COMMISSION ON ECONOMIC DEVELOPMENT

Section 12-I:2

    12-I:2 Duties. –
    I. The commission shall gather and review information regarding the economic development of the northern New England states. The information may be gathered from any source, including the governor's office and the department of economic development of each state.
    II. The commission shall consider methods to:
       (a) Enhance travel access among the northern New England states.
       (b) Promote tourism.
       (c) Enhance economic development.
       (d) Develop legislation to be introduced in each state which promotes economic development.

Source. 1997, 270:1.

Section 12-J:1 Commission Established; Membership; Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-J
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT

Section 12-J:1

    12-J:1 Commission Established; Membership; Terms. – There is hereby established a commission which shall serve in an advisory capacity to the governor regarding the delivery of effective and coordinated alcohol and drug abuse prevention, intervention, and treatment services throughout the state. The commission shall consist of the following members:
    I. Six public members, appointed by the governor and council, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment, and 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system. The members appointed pursuant to this paragraph shall serve 3-year terms; provided that initially 2 members shall serve for one year, 2 members shall serve for 2 years, and 2 members shall serve for 3 years.
    II. Two members of the house, appointed by the speaker of the house, and 2 members of the senate, appointed by the president of the senate. The term of the legislative members of the commission shall be for the biennium and shall be coterminous with membership in the general court. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.
    III. (a)(1) The attorney general.
          (2) The adjutant general.
          (3) The administrative justice of the district and municipal courts.
          (4) The chairperson of the liquor commission.
          (5) The commissioner of the department of health and human services.
          (6) The director of the unit of juvenile justice services, department of health and human services.
          (7) The commissioner of the department of education.
          (8) The commissioner of the department of corrections.
          (9) The commissioner of the department of safety.
          (10) The director of the appropriate division responsible for alcohol and drug abuse prevention and recovery, department of health and human services.
       (b) The members under this paragraph shall serve terms coterminous with their terms in office.

Source. 2000, 204:2, eff. July 29, 2000. 2001, 286:2, eff. Sept. 14, 2001.

Section 12-J:2 Organization of Commission; Task Forces; Staffing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-J
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT

Section 12-J:2

    12-J:2 Organization of Commission; Task Forces; Staffing. –
    I. The governor and council shall designate a member of the commission to serve as chairperson. The executive director of the commission shall be the director of the appropriate division responsible for alcohol and drug abuse prevention and recovery, who shall serve without additional compensation.
    II.(a) To assist the commission in the performance of its duties, the chairperson shall create task forces. The chairperson shall initially create task forces to address the following issues:
          (1) Prevention.
          (2) Intervention and treatment.
          (3) Public awareness/education and public and private funding sources.
          (4) Program monitoring and evaluation.
          (5) Other special projects and programs.
       (b) The commission chairperson shall appoint at least 2 commission members to serve on each task force and shall designate a chairperson for each task force.
       (c) Based upon recommendations from each task force, the commission chairperson may appoint as many as 8 individuals to serve as adjunct members of each task force for a term of one year.
       (d) Each task force shall:
          (1) Develop a mission statement, including its goals and objectives.
          (2) Report to the commission on a regular basis concerning available programs, funding, and unmet needs.
          (3) Identify program areas where improved coordination is needed.
    III. All executive branch departments shall provide administrative support to the commission. The executive director of the commission shall direct and coordinate the administrative support to the commission.

Source. 2000, 204:2, eff. July 29, 2000.

Section 12-J:3 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-J
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT

Section 12-J:3

    12-J:3 Duties. – The duties of the commission shall be to:
    I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, particularly among youth, and a comprehensive system of intervention and treatment for individuals and families affected by alcohol and drug abuse. The statewide plan shall:
       (a) Identify the causes, nature and scope, and the impact of alcohol and drug abuse in New Hampshire.
       (b) Identify and prioritize unmet needs for prevention, intervention, and treatment.
       (c) Recommend initiatives to reduce the incidence of alcohol and drug abuse in New Hampshire.
       (d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, intervention and treatment.
       (e) Specify additional resources necessary to address unmet needs for prevention, intervention, and treatment.
       (f) Specify evaluation and monitoring methodology.
    II. Promote collaboration between and among state agencies and communities to foster the development of effective community-based alcohol and drug abuse prevention programs.
    III. Promote the development of treatment services to meet the needs of citizens addicted to alcohol or other drugs.
    IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug abuse in New Hampshire and to make recommendations to the governor regarding legislation and funding to address such needs.
    V. Authorize the disbursement of moneys from the alcohol abuse prevention and treatment fund, pursuant to RSA 176-A:1, III.

Source. 2000, 204:2, eff. July 29, 2000; 2000, 328:4, eff. July 1, 2001.

Section 12-J:4 Meetings and Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-J
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT

Section 12-J:4

12-J:4 Meetings and Reports. – The commission shall meet at least 4 times each year and may convene public hearings as necessary to promote the goals of the commission. The commission shall submit an annual report to the governor, speaker of the house of representatives, and president of the senate by November 1 of each year regarding the activities of the commission. The first annual report shall be due November 1, 2001. The annual report shall identify and prioritize unmet needs for prevention, intervention and treatment; indicate the progress, or lack thereof in addressing the unmet needs; recommend initiatives to address the unmet needs; and specify the resources and any legislation necessary to support existing programs for prevention, intervention, and treatment and to develop, implement, support, and evaluate the initiatives recommended by the commission.

Source. 2000, 204:2, eff. July 29, 2000.

Section 12-K:1 Goals; Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:1

    12-K:1 Goals; Purpose. –
    I. The federal Telecommunications Act of 1996 regulates the deployment of wireless services in the United States. Its purpose is to make these services available to the American people quickly and in a very competitive manner. Nothing in this chapter is intended to preempt the federal Telecommunications Act of 1996.
    II. The visual effects of tall antenna mounts or towers may go well beyond the physical borders between municipalities, and should be addressed so as to require that all affected parties have the opportunity to be heard.
    III. Carriers wishing to build personal wireless service facilities (PWSFs) in New Hampshire should consider commercially available alternative PWSFs to tall cellular towers, which may include the use of the following:
       (a) Lower antenna mounts which do not protrude as far above the surrounding tree canopies.
       (b) Disguised PWSFs such as flagpoles, artificial tree poles, light poles, and traffic lights, which blend in with their surroundings.
       (c) Camouflaged PWSFs mounted on existing structures and buildings.
       (d) Custom designed PWSFs to minimize the visual impact of a PWSF on its surroundings.
       (e) Other available technology.
    IV. A PWSF map is necessary to allow for the orderly and efficient deployment of wireless communication services in New Hampshire, and so that local communities have adequate information with which to consider appropriate siting and options to mitigate the visual effects of PWSFs.
    V. Municipalities will benefit from state guidance regarding provisions to be considered in zoning ordinances relative to the deployment of wireless communications facilities, including one or more model ordinances.
    VI. Nothing in this chapter shall be construed as altering any municipal zoning ordinance, and this chapter itself shall not be construed as a zoning ordinance.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:2 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:2

    12-K:2 Definitions. – In this chapter:
    I. "Antenna'' means the equipment from which wireless radio signals are sent and received by a PWSF.
    II. "Average tree canopy height'' means the average height found by inventorying the height above ground level of all trees over a specified height within a specified radius.
    III. "Camouflaged'' means for a personal wireless service facility one that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.
    IV. "Carrier'' means a person that provides personal wireless services.
    V. "Director'' means the director of the office of state planning.
    VI. "Disguised'' means, for a PWSF, designed to look like a structure which may commonly be found in the area surrounding a proposed PWSF such as, but not limited to, flagpoles, light poles, traffic lights, or artificial tree poles.
    VII. "Equipment shelter'' means an enclosed structure, cabinet, shed vault, or box near the base of a mount within which are housed equipment for PWSFs, such as batteries and electrical equipment.
    VIII. "Height'' means the height above ground level from the natural grade of a site to the highest point of a structure.
    IX. "Mount'' means the structure or surface upon which antennas are mounted and include roof-mounted, side-mounted, ground-mounted, and structure-mounted types.
    X. "Municipality'' means any city, town, unincorporated town, or unorganized place within the state.
    XI. "Personal Wireless Service Facility'' or "PWSF'' or "facility'' means any "PWSF'' as defined in the federal Telecommunications Act of 1996, 47 U.S.C. section 332(c)(7)(C)(ii), including facilities used or to be used by a licensed provider of personal wireless services.
    XII. "Personal Wireless Services'' means any wireless telecommunications services, and commercial mobile services including cellular telephone services, personal communications services, and mobile and radio paging services as defined in the federal Telecommunications Act of 1996, 47 U.S.C. section 332 (c)(7)(C)(i).
    XIII. "Radio frequency radiation'' means the emissions from personal wireless service facilities.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:3 Wireless Carriers Doing Business in This State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:3

    12-K:3 Wireless Carriers Doing Business in This State. – All wireless carriers or their appointed agents doing business, or seeking to do business, in this state shall:
    I. Be allowed to construct new ground-mounted PWSFs, provided that these PWSFs comply with municipal regulations for maximum height or maximum allowed height above the average tree canopy height, subject to any exceptions, waivers, or variances allowed or granted by the municipality.
    II. Comply with all applicable state and municipal land use regulations.
    III. Comply with all federal, state and municipal statutes, rules and regulations, including federal radio frequency radiation emission regulations and the National Environmental Policy Act of 1969, as amended.
    IV. Provide information at the time of application to construct an externally visible PWSF, or prior to construction if no approval is required, to the municipality in which the facility is to be constructed and to the office of state planning, as follows:
       (a) A copy of their license from the Federal Communications Commission (FCC) proving that they are eligible to deploy their systems in this geographical area and that this deployment falls under the jurisdiction of the federal Telecommunications Act of 1996; or a copy of their contract with a person with such a license, and a copy of that license.
       (b) Upon request, detailed maps showing all of the carrier's current externally visible tower and monopole PWSF locations in the state within a 20 mile radius of the proposed externally visible PWSF, both active and inactive.
       (c) Upon request, site descriptions for each of the above locations showing the antenna height and diameter, and showing all externally visible structures.
       (d) Upon request, a description of why less visually intrusive alternatives for this facility were not proposed.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:4 Payment of Costs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:4

12-K:4 Payment of Costs. – A wireless carrier seeking approval to deploy a wireless communication facility may be required to pay reasonable fees, including regional notification costs, imposed by the municipality in accordance with RSA 676:4, I(g).

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:5 Fall Zones.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:5

12-K:5 Fall Zones. – Zoning ordinances may include provisions for fall zones for PWSFs to the extent necessary to protect public safety.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:6 Personal Wireless Services Facilities Map.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:6

12-K:6 Personal Wireless Services Facilities Map. – The director of the office of state planning shall develop a personal wireless service facilities map for the state. This map shall include all externally visible tower and monopole PWSF locations in the state, both active and inactive, for all carriers. This map shall also include for each of the above locations a site description as described in RSA 12-K:3, IV(c). Upon request of the director, any wireless carrier or its appointed agent doing business in this state shall provide a map of all of its existing externally visible tower and monopole PWSF locations in the state and a site description of each as described in RSA 12-K:3, IV(c).

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:7 Regional Notification.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:7

    12-K:7 Regional Notification. –
    I. (a) Any municipality or state authority or agency which receives an application to construct a PWSF which will be visible from any other New Hampshire municipality within a 20 mile radius shall provide written notification of such application and pending action to such other municipality within the 20 mile radius.
       (b) This notification shall include sending a letter to the governing body of the municipality within the 20 mile radius detailing the pending action on the application and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality within the 20 mile radius, stating the specifics of the application, the pending action, and the date of the next public hearing on the application. Such notice shall be published not less than 7 days nor more than 21 days prior to the public hearing date.
    II. (a) Any person, prior to constructing a new PWSF in any location where no approval is required but which will be visible from any other New Hampshire municipality within a 20 mile radius, shall provide written notification of such planned construction to such other municipality within the 20 mile radius.
       (b) This notification shall include sending a letter to the governing body of the municipality within the 20 mile radius detailing the planned construction and shall also include publishing a notice in a newspaper customarily used for legal notices by such municipality within a 20 mile radius, outlining the planned construction.
    III. Municipalities within the 20 mile radius described in paragraphs I or II and their residents shall be allowed to comment at any public hearing related to the application. Regional notification and comments from other municipalities or their residents shall not be construed to imply legal standing to challenge any decision.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:8 Model Ordinances and Guidance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:8

12-K:8 Model Ordinances and Guidance. – The director of the office of state planning shall develop a set of model municipal ordinances relative to the deployment of personal wireless communications facilities. Prior to development, the director shall hold one or more public hearings and solicit comments from interested parties. The office of state planning shall provide a copy of the set of model ordinances to any New Hampshire municipality that requests it.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:9 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-K
DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES

Section 12-K:9

12-K:9 Rulemaking. – The director of the office of state planning, after holding a public hearing, shall adopt rules under RSA 541-A as necessary to implement this act and to provide sufficient information to municipalities, other state agencies, wireless companies doing business or seeking to do business in this state, and the public.

Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-L:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:1

    12-L:1 Definitions. – In this chapter:
    I. "Commission'' means the Christa McAuliffe planetarium commission.
    II. "Touch the Future'' means the non-profit corporation organized to promote the welfare of the planetarium and to assist the planetarium director and the commission.
    III. "Planetarium'' means the Christa McAuliffe planetarium and the Alan B. Shepard discovery center.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:2 Declaration of Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:2

12-L:2 Declaration of Purpose. – The Christa McAuliffe planetarium is the official state memorial for Sharon Christa McAuliffe, the Concord, New Hampshire social studies teacher who was chosen to be America's first teacher in space. The Alan B. Shepard discovery center is the official state memorial for Alan B. Shepard, the Derry, New Hampshire native who was the first American in space. The planetarium's mission is to educate, incite, and entertain learners of all ages in the sciences and humanities by actively engaging them in the exploration of astronomy and space science.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:3 Commission Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:3

12-L:3 Commission Established. – There is hereby established a Christa McAuliffe planetarium commission which shall be responsible for the management and operation of the planetarium in Concord including the Alan B. Shepard discovery center, and the buildings and grounds related thereto.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:4 Commission Members; Appointment; Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:4

    12-L:4 Commission Members; Appointment; Terms. – The members of the commission shall be appointed as follows:
    I. Two members of the house of representatives, appointed by the speaker of the house.
    II. Two members of the senate, appointed by the president of the senate.
    III. Six members from the private sector representing business and the not-for-profit community, appointed by the governor with the consent of council for a term of 3 years.
    IV. Two members representing the education community, appointed by the governor with the consent of council for a term of 3 years
    V. The commissioner of cultural resources and the president of the New Hampshire technical institute shall serve as ex officio members of the commission with voting rights.
    VI. The chairperson of Touch the Future, or designee.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:5 Offices and Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:5

12-L:5 Offices and Compensation. – The commission shall annually elect one of its members as chairperson, one as vice chairperson, one as secretary, and one as treasurer. The members of the commission shall receive no compensation for their services; however, legislative members shall be paid mileage at the legislative rate and other reasonable expenses incurred by the members of the commission in the performance of their duties shall be paid from available commission funds.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:6 Administrative Attachment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:6

12-L:6 Administrative Attachment. – The commission shall be administratively attached to the office of the commissioner, department of regional community-technical colleges.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:7 Commission; Powers and Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:7

    12-L:7 Commission; Powers and Duties. –
    I. The commission shall have the following responsibilities:
       (a) Supervise the design and program of the planetarium as authorized by the general court in a manner consistent with the intent of the project. All construction shall be undertaken under the provisions of RSA 228 and all contracts shall receive final approval by the governor and council.
       (b) Oversee the administration of the planetarium and ensure that its mission is achieved.
       (c) Cooperate and consult with the director of the planetarium concerning the daily operation of the planetarium, as well as integrated educational programs.
       (d) Authorize the director of the planetarium to enter into contracts which are necessary for the administration of its authority pursuant to this chapter. All contracts, agreements, procurement, personnel, and operations shall be subject to the same requirements as all state agencies; provided, however, that any specialized planetarium program or equipment for which the estimated cost is funded from gifts, grants, or donations to the planetarium fund shall be exempt from competitive bidding requirements.
       (e) Notwithstanding any other provisions of law, authorize the director of the planetarium to sell, lease, or trade specialized planetarium programs or equipment subject to the approval of the commissioner of administrative services. Proceeds from such transactions shall be used to support the operations of the planetarium.
       (f) Delegate responsibilities for fund raising to Touch the Future, as the commission deems appropriate.
    II. The commission shall:
       (a) Set and collect all fees generated by the planetarium, such fees to be used by the commission in its duties and for its expenses. Reasonable fees may be set by the commission without regard to RSA 541-A. The commission's accounts shall be subject to annual audit by the office of the legislative budget assistant.
       (b) Adopt rules under RSA 541-A relative to:
          (1) Requirements for use of facilities by outside parties.
          (2) Rights and responsibilities of patrons.
          (3) Rights and responsibilities of schools utilizing planetarium programs and services.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:8 Director; Staff.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:8

12-L:8 Director; Staff. – The commission shall employ a director of the planetarium and such staff as may be necessary to perform the duties assigned by the commission. The director shall be nominated by the commission and confirmed by the governor and council, and shall serve at the pleasure of the commission. The director shall be an unclassified employee whose salary shall be established under RSA 94:1-a. All other employees under this section shall be classified employees.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:9 Gifts; Grants; Donations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:9

12-L:9 Gifts; Grants; Donations. – Notwithstanding any other provision of law, the commission is authorized to institute promotional programs to solicit and receive gifts, grants, or donations, of any kind, made for the development or operation of the planetarium. The commission may accept gifts of money and property, other than real property, for use in institutional programs without the approval of the governor and council. All monetary grants, gifts, or donations shall be deposited in the Christa McAuliffe planetarium fund. Authority of the commission granted by this paragraph may be delegated to Touch the Future as the commission deems appropriate. Such delegation shall be reviewed from time to time and the commission shall have the authority to revoke or limit any such delegation.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:10 Christa McAuliffe Planetarium Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:10

    12-L:10 Christa McAuliffe Planetarium Fund. –
    I. There is hereby established in the office of the state treasurer a fund to be known as the Christa McAuliffe planetarium fund which shall be kept separate and distinct from all other funds. All fees received by the commission pursuant to RSA 12-L:7 and all monetary gifts, grants, and donations pursuant to RSA 12-L:9 shall be deposited in such fund. The fund is established to pay for the operational expenses of the planetarium and the planetarium commission. The moneys in this fund shall be nonlapsing and shall be continually appropriated to the commission.
    II. Nothing in this section shall be construed to prohibit the commission from establishing an endowment fund.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:11 Transfer of Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:11

12-L:11 Transfer of Funds. – The commission may transfer funds between and among line items within the planetarium budget regardless of funding source or funding mix, except that such authority shall not apply to the use of donor designated funds.

Source. 2001, 136:2, eff. July 1, 2001.

Section 12-L:12 Gift Store.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-L
CHRISTA MCAULIFFE PLANETARIUM AND ALAN B. SHEPARD DISCOVERY CENTER

Section 12-L:12

12-L:12 Gift Store. – The planetarium may operate a gift store in conjunction with and in support of its mission. Revenues from the sale of store inventory shall be used for inventory replacement. Any inventory replacement that is totally funded by revenues from the gift store shall be exempt from competitive bidding requirements. Revenues from sales which exceed the cost of inventory replacement shall be used for planetarium operations.

Source. 2001, 136:2, eff. July 1, 2001.

[RSA 12-M repealed by 2002, 223:4, eff. December 31, 2003.]

Section 12-M:1 Commission Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-M
NEW HAMPSHIRE E-COMMERCE ADVISORY COMMISSION

Section 12-M:1

12-M:1 Commission Established. – There is hereby established the New Hampshire e-commerce advisory commission.

Source. 2002, 223:3, eff. May 17, 2002.

Section 12-M:2 Membership and Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-M
NEW HAMPSHIRE E-COMMERCE ADVISORY COMMISSION

Section 12-M:2

[RSA 12-M:2 repealed by 2002, 223:4, eff. December 31, 2003.]     12-M:2 Membership and Compensation. –
    I. The members of the commission shall be as follows:
       (a) Four members of the house of representatives, at least one of whom shall be a member of the committee having jurisdiction over the telecommunications matters, appointed by the speaker of the house of representatives.
       (b) Two members of the senate, appointed by the president of the senate.
       (c) The commissioner of the department of revenue administration, or designee.
       (d) The commissioner of the department of resources and economic development, or designee.
       (e) One member representing the New Hampshire Municipal Association, appointed by that organization.
       (f) Three public members, one representing the cable television industry, one representing the telephone industry, and one economist, appointed by the governor.
    II. Members of the commission shall serve without compensation except that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
    III. Legislative members of the commission shall serve a term which is coterminous with their elected office.

Source. 2002, 223:3, eff. May 17, 2002.

Section 12-M:3 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-M
NEW HAMPSHIRE E-COMMERCE ADVISORY COMMISSION

Section 12-M:3

[RSA 12-M:3 repealed by 2002, 223:4, eff. December 31, 2003.]     12-M:3 Duties. –
    The commission's duties shall include, but not be limited to:
    I. Studying the current use of electronic commerce in New Hampshire.
    II. Studying the current trends in the development, growth, and deployment of high-speed Internet access to New Hampshire's citizens and businesses.
    III. Identifying issues related to electronic commerce to be addressed at the federal level by Congress and the Federal Communications Commission.
    IV. Analyzing potential incentives under New Hampshire law to encourage deployment of electronic commerce-related technology.
    V. Assessing state policy options to encourage rapidly developing technological innovation and deployment, including the imposition of New Hampshire's communications services tax on Internet access given the enactment of the federal Internet Tax Freedom Act, Public Law 105-277, and the extension of the Internet tax moratorium imposed pursuant to Public Law 107-75, and related tax policies.
    VI. Adopting recommendations relating to electronic commerce policies under New Hampshire law.

Source. 2002, 223:3, eff. May 17, 2002.

Section 12-M:4 Chairperson; Clerk.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-M
NEW HAMPSHIRE E-COMMERCE ADVISORY COMMISSION

Section 12-M:4

[RSA 12-M:4 repealed by 2002, 223:4, eff. December 31, 2003.] 12-M:4 Chairperson; Clerk. –
The members of the commission shall elect a chairperson and a clerk from among the members. The first meeting of the commission shall be called by the first-named house member and shall be held within 45 days of the effective date of this section.

Source. 2002, 223:3, eff. May 17, 2002.

Section 12-M:5 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 12-M
NEW HAMPSHIRE E-COMMERCE ADVISORY COMMISSION

Section 12-M:5

[RSA 12-M:5 repealed by 2002, 223:4, eff. December 31, 2003.] 12-M:5 Report. –
On or before November 1 of each year, the commission shall submit an annual report outlining the commission's activities and recommendations to the chairperson of the house committee having jurisdiction over telecommunications matters, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, and the governor.

Source. 2002, 223:3, eff. May 17, 2002.

Section 13:1 Application for Assistance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:1

13:1 Application for Assistance. – Any town, city or county which is or shall hereafter be unable to finance the ordinary needs of government, or to meet outstanding or maturing obligations to pay, owing to the inability to collect taxes already assessed, or the extraordinary demands made upon it for unemployment relief, and which is or may become unable to borrow through the ordinary banking channels or the issuance and sale of bonds sufficient money to meet such governmental needs, or outstanding or maturing obligations to pay, may apply to the governor and council for financial assistance from the state. Such application may be made by either the selectmen or town meeting in the case of a town, the mayor or council in the case of a city or the county commissioners or county convention in the case of a county.

Source. 1933, 63:1. 1945, 112:1, eff. April 4, 1945.

Section 13:2 Emergency Certificates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:2

13:2 Emergency Certificates. – If, upon investigation, the governor and council shall determine that an emergency exists in such town, city or county, and that such town, city or county is unable to borrow money through the usual banking channels, upon reasonable conditions as regards payment of interest or otherwise, or is prevented by the existing laws of the state relating to borrowing by towns, cities or counties and the issuance of bonds, or is unable to place loans owing to its impaired financial condition, the governor and council are hereby authorized to issue a certificate under the seal of the state declaring the existence of such emergency and authorizing such town, city or county to issue emergency notes or bonds, in such amounts payable at such times and with such rates of interest as the governor and council may determine, and when necessary the governor and council are hereby authorized in the name of the state to guarantee the payment of said notes or bonds and the interest thereon.

Source. 1933, 63:2. 1945, 112:1, eff. April 4, 1945.

Section 13:3 Issuance of Notes or Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:3

13:3 Issuance of Notes or Bonds. – Said notes or bonds, when issued, shall be legal obligations of said town, city or county and shall be executed and issued in the manner now provided by law for the execution and issuance of notes or bonds by such political subdivisions, but the governor and council shall act as agent of said town, city or county for the sale of said notes or bonds and their action in reference thereto shall be binding upon said town, city or county.

Source. 1933, 63:3. 1945, 112:1, eff. April 4, 1945.

Section 13:4 Distribution of Proceeds of Loans; Fiscal Agent.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:4

13:4 Distribution of Proceeds of Loans; Fiscal Agent. – All money realized from such emergency loans shall be deposited with the state treasurer or in such banks as the governor and council may determine, and shall be paid over to the disbursing officer of such town, city or county only on the order of the governor, in such amounts as he may determine. The governor is hereby authorized to appoint a fiscal agent to supervise and direct the incurring of obligations against, and the expenditure of, said funds. If it becomes necessary, said funds, on order of the governor, may be paid over to such fiscal agent, to be by him disbursed for the benefit of such town, city or county.

Source. 1933, 63:4. 1945, 112:1, eff. April 4, 1945.

Section 13:5 Orders Countersigned.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:5

13:5 Orders Countersigned. – If in the opinion of the governor and council it shall become necessary, they are hereby authorized, at any time before said loans are paid, to empower the fiscal agent appointed by the governor to countersign all warrants or orders for the payment of any money drawn upon any funds held by the treasurer of the political subdivision whose emergency loans authorized by this act shall remain unpaid, and after being notified by the governor and council of such action the treasurer of such political subdivision shall pay out no money unless upon warrant or order countersigned by such fiscal agent.

Source. 1933, 63:5. 1945, 112:1, eff. April 4, 1945.

Section 13:6 Conditions Imposed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:6

13:6 Conditions Imposed. – The governor and council, before such certificate is issued or the payment of such loans is guaranteed by the state, may impose such further restrictions, conditions and stipulations as will protect the state's interest and insure an orderly, economical and efficient conduct of the fiscal affairs of the political subdivision for which said money is borrowed.

Source. 1933, 63:6. 1945, 112:1, eff. April 4, 1945.

Section 13:7 Expenses.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 13
FINANCIAL ASSISTANCE TO COUNTIES, TOWNS AND CITIES

Section 13:7

13:7 Expenses. – All expenses incident to the making of said loans or the compensation of any fiscal agent shall be paid from the proceeds of such loans on order of the governor.

Source. 1933, 63:7. 1945, 112:1, eff. April 4, 1945.

Section 14:1 Eligibility to Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:1

14:1 Eligibility to Office. – [Repealed 1979, 436:7, IV, eff. July 1, 1979.] Section 14:2 Removal of Officer from State.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:2

14:2 Removal of Officer from State. – If any officer of the legislature removes from the state, the office shall thereupon become vacant.

Source. 1890, 1:1. PS 4:1. PL 4:2. RL 9:2.

Section 14:2-a Presiding Officer; Vacancy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:2-a

14:2-a Presiding Officer; Vacancy. – Within 30 days after a vacancy occurs in the office of president of the senate or speaker of the house of representatives, the senate or house of representatives, as the case may be, shall select a successor from among its members. If the senate or house is not in session when such a vacancy occurs, the branch concerned shall assemble at the state house not sooner than 7 days nor later than 30 days after the vacancy occurs on a date determined by the second ranking officer of the branch concerned. The clerk of that branch shall notify the members of the branch of the vacancy and the date on which selection of a successor is to take place.

Source. 1975, 465:4, eff. June 22, 1975.

Section 14:2-b Organizational Convening.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:2-b

14:2-b Organizational Convening. – Pursuant to the constitution, the general court shall assemble biennially on the first Wednesday of December following the biennial election for organizational purposes. At such assembly, the senate and the house shall take the oath of office, elect the secretary of state, the state treasurer and such other officers and employees, adopt such organizational procedures and rules and perform such other organizational business as they deem necessary. The nomination of the secretary of state and the state treasurer may be by any member of the general court and shall be without regard to the party affiliation of the candidate. The election of the secretary of state or of the state treasurer shall be conducted without regard to the party affiliation of the candidates and by secret ballots, if more than one person is nominated for election to such position.

Source. 1976, 45:1. 1983, 151:1, eff. Aug. 6, 1983. 1997, 106:1, eff. Aug. 8, 1997.

Section 14:3 Clerks.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:3

14:3 Clerks. – The clerks of the senate and house of representatives shall keep a true and fair record of all proceedings of their respective branches. The proceedings in convention shall be recorded only in the journal of the house.

Source. 1860, 2369:4, 7. GS 271:28. GL 289:28. PS 4:3. PL 4:3. RL 9:3.

Section 14:4 Assistant Clerks.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:4

14:4 Assistant Clerks. – In case of vacancy in the office of clerk of the senate or house of representatives, or of his absence or disability, the assistant clerk shall perform all the duties of the office, including the duties imposed upon the clerk by the provisions of this chapter. While an assistant clerk is performing the duties of clerk under this section, he shall be entitled to the compensation of the clerk.

Source. 1860, 2369:5. GS 271:29. GL 289:29. 1890, 1:2. PS 4:4. PL 4:4. RL 9:4. RSA 14:4. 1969, 300:4, eff. Jan. 1, 1969.

Section 14:5 Tenure of Clerks.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:5

14:5 Tenure of Clerks. – The clerks of the senate and house shall act as clerks of the next succeeding senate and house respectively until clerks thereof are chosen and sworn.

Source. GS 3:5. GL 3:5. PS 4:5. PL 4:5. RL 9:5.

Section 14:5-a Legal Counsel.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:5-a

14:5-a Legal Counsel. – The president of the senate may appoint a legal counsel who shall be an attorney. The compensation of the legal counsel shall be set at a rate to be determined by the senate subcommittee of the legislative facilities committee established under RSA 17-E:5. The legal counsel shall provide advice and assistance to the president of the senate and to the senate members.

Source. 1957, 218:1. 1986, 109:2, eff. Jan. 1, 1987.

Section 14:6 Roll of the House.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:6

14:6 Roll of the House. – The clerk of the house of representatives shall prepare a roll of members elected, for use in its organization, and shall place upon it only the names of those who present certificates of election issued in conformity to law; and if certificates are presented for more representatives than any town or ward is entitled to, the clerk shall not enter any name on said roll from such town or ward until the house, after organization, so orders.

Source. GL 35:19. 1878, 67:5. 1883, 82:1. PS 4:6. PL 4:6. RL 9:6.

Section 14:6-a Notice Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:6-a

14:6-a Notice Required. – [Repealed 1975, 472:3, I, eff. June 23, 1975.] Section 14:7 Journals of Proceedings.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:7

14:7 Journals of Proceedings. – As soon as possible after every final adjournment of a session of the general court, and in any case consistently with the schedule of performance set forth in contracts for printing and binding of the journals of the general court, the clerks of each house shall file with the printers of the permanent journals a copy of the proceedings of the respective houses in proper form for printing and corrected page proofs of each. The clerks, with the approval of the respective house or senate subcommittee of the joint committee on legislative facilities, may correct clerical errors or formal imperfections in the printed and bound permanent journals.

Source. 1951, 245:4. RSA 14:7. 1963, 74:1. 1969, 300:5. 1975, 472:1, eff. June 23, 1975.

Section 14:8 Enrollment of Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:8

14:8 Enrollment of Laws. – All bills and resolutions which have passed both branches of the legislature shall be forwarded to the office of legislative services to be there enrolled and prepared for submission to the governor. After such enrollment the bill or resolution shall be forwarded to the committee on enrolled bills for final approval. After said final approval the bill or resolution shall be forwarded to the secretary of state. He shall keep such bills and resolutions as public records of the state.

Source. RS 3:1. CS 3:1. GS 3:6, 7; 4:1. GL 3:6, 7; 4:1. PS 4:8. 1893, 64:1. 1905, 6:1. PL 4:8. RL 9:8. RSA 14:8. 1969, 32:1, eff. March 7, 1969.

Section 14:9 Presentation for Approval.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:9

14:9 Presentation for Approval. – After any bill or joint resolution has been enrolled and approved, as provided by RSA 14:8, and signed by the speaker of the house, or his designee, and by the president of the senate, or his designee, it shall be presented by the secretary of state to the governor for his approval, and the secretary shall note thereon the day and hour of presentation for approval, and shall make a similar entry in the records of his office. No designee shall sign a bill under the authority of this section unless his name has been filed by the speaker of the house or president of the senate with the secretary of state prior to such signing.

Source. 1864, 4034:1. GS 3:7. GL 3:7. PS 4:9. 1898, 64:1. 1905, 6:1. PL 4:9. RL 9:9. RSA 14:9. 1969, 32:2. 1971, 125:1, eff. May 19, 1971.

Section 14:9-a Effective Dates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:9-a

    14:9-a Effective Dates. –
    I. Each law passed by the general court shall take effect 60 calendar days following passage, excluding the date on which it is signed by the governor, or the last date on which the general court acts on the matter, as the case may be, except:
       (a) If the general court specifically provides otherwise.
       (b) If the law is a resolution.
       (c) Each law affecting criminal or civil penalties, judicial practice and procedure, limitations of actions, and statutory rights and remedies shall take effect on the January 1 following passage.
       (d) If the law is of an emergency nature.
       (e) Each law affecting local property taxes shall take effect on the April 1 following passage.
       (f) Each law affecting state tax laws shall take effect on the July 1 following passage.
       (g) If the law is a private act affecting one particular town, city or political subdivision.
       (h) Each law making appropriations of money for ordinary or capital expenses of state agencies shall take effect on the July 1 following passage.
       (i) Each law affecting fees for licenses or certificates shall take effect on the July 1 following passage.
       (j) Each law or portion thereof which establishes a chaptered or statutory legislative committee shall be effective upon its passage.
    I-a. Unless specifically provided otherwise, each law enacted by the general court shall take effect at midnight, 12:00 a.m., on the date the law becomes effective.
    II. The secretary of state shall record the date each law was enacted and its effective date on all enrolled and printed copies of such law, and such record shall be conclusive.

Source. 1983, 278:2. 1995, 308:42, eff. Sept. 1, 1995. 2000, 223:1, eff. July 31, 2000.

Section 14:10 Preservation of Committee Papers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:10

14:10 Preservation of Committee Papers. – The clerk of each senate, house, and joint committee shall properly classify, arrange, and file all papers laid before his committee, and preserve those which are not returned to the senate or house, and at the close of the session shall deposit them with the clerk of that branch of the legislature from which the business to which they relate was sent to the committee.

Source. RS 2:5; 3:1. CS 2:5; 3:1. GS 3:4; 4:1. GL 3:4; 4:1. 1883, 79:1. PS 4:10, 11. PL 4:10. RL 9:10.

Section 14:11 Preservation of Papers of General Court.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:11

14:11 Preservation of Papers of General Court. – The clerks of each house at the close of each session shall properly classify, arrange, file and preserve all papers in their possession, except that all bills and joint resolutions having final action shall be deposited by them with the secretary of state, who shall preserve them.

Source. RS 2:5; 3:1. CS 2:5; 3:1. GS 3:4; 4:1. GL 3:4; 4:1. 1883, 79:1. PS 4:10, 11. PL 4:11. RL 9:11. RSA 14:11. 1975, 472:2, eff. June 23, 1975.

Section 14:12 Stenographic and Clerical Assistants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:12

14:12 Stenographic and Clerical Assistants. – The clerks may employ such stenographic and other clerical assistance as the president of the senate and the speaker of the house of representatives may deem necessary.

Source. 1919, 3:3. PL 4:12. RL 9:12.

Section 14:13 Unfinished Business.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:13

14:13 Unfinished Business. – [Repealed 1971, 20:1, eff. May 28, 1971.] Section 14:14 Oaths of Witnesses.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:14

14:14 Oaths of Witnesses. – Any senator or representative, while acting as a member of a committee of the legislature, may administer an oath to any person who may be examined before such committee.

Source. RS 2:6. CS 2:6. GS 3:9. GL 3:9. PS 4:13. PL 4:14. RL 9:14.

Section 14:14-a Non-legislative Use of Chambers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:14-a

    14:14-a Non-legislative Use of Chambers. –
    I. HOUSE. No person shall use the house chamber, anterooms, or cloakrooms at any time for any purpose other than a meeting of the house, of a committee thereof, or of a joint committee of the house and senate, without prior permission of the speaker of the house or his designee.
    II. SENATE. No person shall use the senate chamber, anterooms, or cloakrooms at any time for any purpose other than a meeting of the senate, or a committee thereof, or of a joint committee of the house and senate, without prior permission of the president of the senate or his designee.

Source. 1969, 29:1, eff. May 3, 1969.

Section 14:14-b Office Space and Parking Facilities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Section 14:14-b

    14:14-b Office Space and Parking Facilities. – Notwithstanding any other provision of law to the contrary the following shall be assigned for use by the speaker of the house and the president of the senate:
    I. The legislative parking facility;
    II. The legislative office building; and
    III. All rooms and other spaces in the basement and on the first and third floors of the state house, with the exception of rooms numbered 122, 123 and 124 and the passageway immediately adjacent thereto.

Source. 1975, 479:2. 1979, 434:91, eff. July 1, 1979.

Section 14:15 Travel Allowance to Members.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:15

14:15 Travel Allowance to Members. – [Repealed 1963, 284:2, eff. Jan. 2, 1963.] Section 14:15-a Travel Allowance for Members.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:15-a

    14:15-a Travel Allowance for Members. – A member of the general court shall be allowed mileage by choosing the method in either paragraph I or II prior to the first mileage reimbursement payment in the term:
    I. (a) In the computation of mileage under the provisions of this paragraph, the word "day'' shall be deemed to be a calendar day; and, whenever a legislative session shall be continued beyond 12 o'clock midnight, the members present shall be entitled to additional mileage for another day's attendance; provided, however, that any member of the general court absent for any cause from such attendance shall not be allowed mileage for the day the member is so absent.
       (b) A member of the general court shall be allowed mileage for the round trip to and from the member's home to the state house in Concord for each day of attendance at the following rates:
          (1) For the first 45 miles, $.38 per mile; and
          (2) For all miles in excess of 45 miles, $.19 per mile.
    II. A member of the general court shall be allowed compensation for actual travel expenses of the round trip to and from the member's home to the state house in Concord. Mileage shall be paid at the maximum rate established in the United States Internal Revenue Code and Regulations for the number of miles traveled.

Source. 1909, 160:1. PL 4:16. 1935, 136:1. RL 9:15. 1943, 14:1. 1949, 117:1. 1951, 251:3. RSA 14:15. 1955, 228:1. 1957, 272:1. 1961, 203:1. 1963, 284:1. 1965, 337:1. 1975, 438:1. 1979, 294:1; 434:109. 1983, 38:1, eff. Jan. 5, 1983. 1997, 110:1, eff. Aug. 8, 1997.

Section 14:15-b Computation of Distance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:15-b

14:15-b Computation of Distance. – Each member of the general court shall at the organizational session of the legislature furnish to the committee on mileage a statement of the distance from his home to the state house in Concord. The committee on mileage shall then compute the mileage allowance to be allowed said member and said committee shall be arbiters of all disputes and claims involving payment of mileage to members. Said committee may consult with the department of public works and highways relative to the distances as set forth in the statement furnished by the member but the establishment of the distance shall be made by the committee, from its study and investigation.

Section 14:17-a

14:17-a Attaches. – For the purpose of the computation of travel allowance for officers or employees of the general court, residing in wards 2 to 9 of the city of Concord, in accordance with the provisions of RSA 14:18 the mileage allowance shall be based upon a distance of 6 miles for a one-way trip.

Source. 1959, 168:1. 1961, 203:2, eff. Jan. 4, 1961.

Section 14:17-b Additional Mileage Allowance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:17-b

14:17-b Additional Mileage Allowance. – [Repealed 1997, 110:3, Aug. 8, 1997.] Section 14:18 Travel Allowance to Officers and Employees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:18

14:18 Travel Allowance to Officers and Employees. – Any officer or employee of the senate or house of representatives shall be allowed mileage at the same rate as other state employees for each day of attendance up to a maximum of 100 miles for the round trip. Any fractional part of a mile shall be deemed to be one mile for the purposes hereof. The committee on mileage shall be the arbiters of all disputes and claims involving payment of mileage to such officers and employees.

Section 14:21

14:21 Assistant Clerks. – The compensation of the assistant clerks of the senate and of the house shall be set at a rate to be determined by the appropriate house or senate subcommittees of the legislative facilities committee as established by RSA 17-E:5. The president of the senate or the speaker of the house, as the case may be, shall determine what days the assistant clerk shall be in attendance.

Source. 1866, 4308:1. GS 271:20. GL 289:20. PS 286:25. 1895, 84:3. PL 4:22. RL 9:20. 1951, 85:1, par. 20. RSA 14:21. 1955, 335:6. 1961, 280:7. 1965, 1:1. 1969, 300:3. 1976, 45:6. 1977, 600:81, eff. July 1, 1977.

Section 14:22 Special Sessions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

Section 14:22

14:22 Special Sessions. – If there is a special session of the legislature the clerks and assistant clerks shall be paid such compensation for services thereat as shall be voted them by the legislature.

Section 14:26

14:26 Absence from Duties. – In case any one of the clerks, assistant clerks, stenographers, mileage clerks, attaches or other employees of the senate or house of representatives shall be absent from his or her duties, his or her compensation shall be suspended during said absence from duty, unless the presiding officers of the senate or the presiding officers of the house of representatives shall otherwise determine, for good cause shown.

Source. 1953, 2:2. RSA 14:26. 1995, 9:6, eff. June 11, 1995.

Section 14:27 Mileage Clerk.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Compensation, etc.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Printing of Bills Before Legislature Convenes

Section 14:39

14:39 Proposed Bills. – Any senator-elect or representative-elect, after the day of his election, may file with the director of legislative services any proposed bill he desires to introduce. The director shall notify, immediately after the biennial election, each senator-elect and representative-elect of the provisions of this section and of the bill drafting service available in the office of legislative services. The clerk of the house and of the senate, respectively, shall cause sufficient copies of each bill to be printed, and shall make copies available to persons who request them.

Source. 1927, 121:1. RL 9:26. 1949, 128:1. RSA 14:39. 1963, 297:3. 1969, 47:1. 1987, 225:3, eff. May 18, 1987.

Section 14:40 Research Analyst to Senate Finance Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Research Analyst

Section 14:40

14:40 Research Analyst to Senate Finance Committee. – [Repealed 1971, 317:4, eff. Aug. 24, 1971.] Section 14:41 Information and Office Space.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Research Analyst

Section 14:41

14:41 Information and Office Space. – [Repealed 1971, 317:4, eff. Aug. 24, 1971.] Section 14:42 Senate Finance Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Research Analyst

Section 14:42

14:42 Senate Finance Committee. – [Repealed 1971, 317:2, eff. Aug. 24, 1971.] Section 14:43 Transfer.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14
LEGISLATIVE OFFICERS AND PROCEEDINGS

Research Analyst

Source. 1993, 343:1, eff. July 1, 1993.

Section 14-A:1 Vacancy in Committee Chairman.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:1

14-A:1 Vacancy in Committee Chairman. – If the office of chairman of a committee of either branch of the general court becomes vacant for any reason at any time after the adjournment of the biennial session and before the dissolution of the general court under the constitution, the presiding officer of the branch of the general court in which the vacancy occurs may appoint a chairman to fill the vacancy from among any of the members of the committee in which the vacancy exists.

Source. 1965, 7:1, eff. May 15, 1965.

Section 14-A:2 Resignations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:2

    14-A:2 Resignations. –
    I. A member of the general court may resign his office by delivering a written resignation to the presiding officer of the branch in which the member serves. When the general court is in session the resignation becomes effective by delivering the letter of resignation to the presiding officer concerned at the state house in Concord, by mail or otherwise. If the general court is in recess, the resignation becomes effective on the delivery of the letter of resignation to the presiding officer concerned at his place of residence, by mail or otherwise. The presiding officer who receives a letter of resignation shall send it to the secretary of state for filing.
    II. If the general court is not in session, and if the office of the presiding officer is vacant, a resignation from the general court may be made and becomes effective by delivering a letter of resignation to the secretary of state at his office in the state house, by mail or otherwise. The secretary of state shall file the letter of resignation in his office, and he shall notify the clerk of the branch in which the resignation occurs of the existence of the vacancy. The secretary of state shall also notify the town or city clerk of the town or ward in which the vacancy occurs.

Source. 1965, 32:1, eff. May 31, 1965.

Section 14-A:3 Travel and Expenses When on Legislative Business.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:3

    14-A:3 Travel and Expenses When on Legislative Business. –
    I. A member of the general court shall be entitled to a mileage allowance at the rates specified by RSA 14:15-a for miles actually traveled while on legislative business. Except as otherwise specifically provided only travel paid out of legislative travel funds shall be considered legislative travel. The presiding officer of the house of representatives or senate, or his respective designee, shall determine what constitutes travel on legislative business for the members of his respective house.
    II. In addition to legislative mileage, the president of the senate or the speaker of the house may authorize payment of expenses incident to travel by a member of his respective house on official legislative business, provided that no additional expenses shall be paid for such business at Concord on a day when the general court meets.
    III. Any member of the general court who travels on official state business which is not legislative business as determined by the president of the senate or the speaker of the house shall be reimbursed for his actual travel by the appropriate state agency at the same rate provided for state employees. Except as otherwise specifically provided, no mileage paid out of executive agency funds shall be considered legislative business.
    IV. The provisions of this section shall not apply to members of the general court traveling on official business pursuant to a specific statute which provides for legislative mileage. In such cases, the members shall receive legislative mileage at the rate provided for in RSA 14:15-a, notwithstanding that the mileage is paid out of executive agency funds.

Source. 1965, 239:16. 1979, 294:2, eff. Dec. 3, 1980.

Section 14-A:4 Members Entitled to Health Screening.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:4

14-A:4 Members Entitled to Health Screening. – Every 2 years, the department of health and human services shall provide, at no charge, health screening to be conducted at the state house for each member of the general court who chooses to receive it. Such screening shall include oral cancer, diabetes, glaucoma, hypertension and nutritional counseling. The speaker of the house and the president of the senate shall determine the date, time and place for administering these examinations.

Source. 1979, 84:1. 1988, 139:1. 1995, 310:181, eff. Nov. 1, 1995.

Section 14-A:5 Financial Disclosure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:5

14-A:5 Financial Disclosure. – [Repealed 1986, 206:3, eff. June 6, 1986.] Section 14-A:6 Group Insurance Participation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-A
MEMBERS OF THE GENERAL COURT

Section 14-A:6

    14-A:6 Group Insurance Participation. –
    I. Members of the general court may participate at their own expense in a group health and dental insurance arrangement for members of the general court during their tenure in office. Such group health and dental insurance arrangement shall be the state employees group insurance plan afforded full-time state employees. Participation in such state employees group insurance plan by a member of the general court shall not be considered by any judicial, administrative, executive or any other body as evidence that a member of the general court is an employee of the state.
    II. Notwithstanding the terms of any state employee group insurance contract or other state law to the contrary, members of the general court who have participated in a group health and dental insurance arrangement for members of the general court during their tenure in office, shall elect, within 30 days after they leave the general court, either to continue to participate fully in that arrangement for as long as they choose to do so at their own expense, or to discontinue their participation.

Source. 1988, 162:1. 1991, 69:1, eff. July 1, 1991. 1998, 339:1, eff. Aug. 25, 1998.

Section 14-B:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:1

    14-B:1 Definitions. – In this chapter:
    I. "Jurisdiction of the committee'' means those actions which allege a violation of law, guideline, rule or regulation and relate to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature.
    II. "Sworn complaint'' means a statement of facts within the personal knowledge of the complainant alleging a violation of law, guideline, rule or regulation of the legislature and relating to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature.

Source. 1991, 105:1. 1994, 329:1, eff. Aug. 7, 1994.

Section 14-B:2 Committee Established; Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:2

    14-B:2 Committee Established; Membership. –
    I. There is hereby established a legislative ethics committee to develop standards for legislative ethics and resolve, through procedures established in this chapter, issues, questions or complaints involving legislators and legislative staff and officers. The committee shall have the power to investigate allegations of improper conduct as set forth in this chapter. The committee shall consist of the following members, at least one of whom shall be an attorney who is a member of the New Hampshire bar:
       (a) One house member, appointed by the speaker of the house.
       (b) One house member, appointed by the house minority leader.
       (c) One public member, appointed by the speaker of the house.
       (d) One senator, appointed by the senate president.
       (e) One senator, appointed by the senate minority leader.
       (f) One public member, appointed by the senate president.
       (g) [Repealed.]
       (h) One public member, appointed jointly by the speaker of the house, the house minority leader, the senate president, and the senate minority leader.
    II. No person registered with the secretary of state as a lobbyist under RSA 15 shall serve as a member of the legislative ethics committee.
    III. A committee meeting shall be called within 60 days of the convening of each biennial session. The members shall elect a chairperson and vice-chairperson at this meeting. The members shall serve for the biennium and shall not be removed from the committee for any reason except for good cause by unanimous vote of the remaining committee members. Members shall receive no compensation, except that legislative members shall receive mileage at the legislative rate and public members shall receive mileage at the state employee rate.

Source. 1991, 103:2; 105:1. 1994, 329:2, 5, 6, eff. Aug. 7, 1994. 1997, 113:1, eff. July 1, 1997. 2001, 215:1, 2, eff. July 11, 2001.

Section 14-B:3 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:3

    14-B:3 Duties. –
    I. The committee shall be authorized to:
       (a) Issue guidelines to elucidate proper and appropriate conduct for individuals relating to the performance of their duties as members, officers, or employees of the legislature. Such guidelines shall be consistent with statute.
       (b) Issue interpretative rulings explaining and clarifying any law, guideline, rule or regulation within the jurisdiction of the committee.
       (c) Render an advisory opinion, in writing within a reasonable time, in response to a written request by a member, officer, or employee, concerning the application of any law, guideline, rule, or regulation within its jurisdiction to a specific factual situation pertinent to the conduct or proposed conduct of the person seeking the advisory opinion. Any advisory opinion concerning any person subject to the provisions of this chapter who acted in reliance thereon, shall be binding upon the committee, and it shall be an absolute defense in any complaint brought under this chapter that the person complained against acted in reliance upon such advisory opinion.
       (d) Receive sworn complaints, and investigate allegations of improper conduct which may reflect upon the legislature, relating to the conduct of individuals in the performance of their duties as members, officers, or employees of the legislature, and make appropriate findings of fact and conclusions with respect to such conduct. Deliberations on such sworn complaints shall be conducted in nonpublic session and in accordance with procedures set forth in RSA 14-B:4 and established by the committee under RSA 14-B:5. The committee shall consider any sworn complaint and shall conduct its initial review of each complaint in a confidential manner, unless otherwise requested by the legislator, officer, or employee complained against.
       (e) Investigate any unauthorized disclosure of information by any committee member or employee of the committee and report to the legislature concerning any allegation which it finds to be substantiated.
    II. Before guidelines or amendments thereto become effective, the committee shall distribute such guidelines or amendments to the members of the senate and the house of representatives. Specific guidelines or amendments shall be brought to a vote and approved by a majority vote of both houses within a period of 3 legislative days after distribution before they shall become effective.
    III. All actions of the committee shall require an affirmative vote of 4 or more members of the committee before becoming effective.

Source. 1991, 105:1. 1994, 329:3. 1995, 196:1, 2, eff. Aug. 11, 1995. 2001, 215:3, eff. July 11, 2001.

Section 14-B:4 Complaints; Procedures.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:4

    14-B:4 Complaints; Procedures. –
    I. Each complaint shall be submitted in writing and signed under oath by the complainant. The sworn complaint shall be filed confidentially with the committee and shall contain the name and address of the complainant. The legislator, officer, or employee of the legislature complained against shall be furnished with a copy of the complaint and a copy shall be sent to each member of the committee for review. The committee shall conduct an initial review of each complaint promptly after receipt to ascertain whether the committee has jurisdiction to consider the complaint or whether the complaint is without merit or is unfounded.
    II. Any person who knowingly and willfully swears falsely to a sworn complaint does so under penalty of perjury, and the committee may refer any such case to the attorney general for prosecution.
    III. Except as provided in this chapter, all proceedings, information, communications, materials, papers, files, and transcripts, written or oral, received or developed by the committee in the course of its work, shall be confidential. Any violation of these provisions relating to confidentiality may result in action by the committee, at the request of the non-violating party or on its own motion, to terminate the proceedings with or without public comment.
    IV. Upon completion of its initial review of a complaint, the committee shall make available for public inspection all records, other than its work product and internal memoranda, relating to any complaint it does not dismiss, and shall conduct any subsequent proceedings, other than its deliberations, in public session.
    V. If, after receiving a sworn complaint, the committee concludes by a recorded vote that the alleged conduct is not within the committee's jurisdiction or is without merit or is unfounded, the committee shall dismiss the complaint and shall report such conclusion to the complainant and to the legislator, the officer, or the employee of the legislature together with an explanation of the basis of such determination.
    VI. If the committee concludes that the complaint is within its jurisdiction and has merit, then by recorded vote, the committee may conduct a preliminary investigation.
    VII. Upon completion of its preliminary investigation, the committee shall conclude by recorded vote that:
       (a) No action is appropriate because no improper conduct occurred;
       (b) The violation is inadvertent, technical or of a de minimis nature and shall be addressed by informal methods; or
       (c) The conduct complained of is of a serious nature and formal proceedings should be instituted to inquire further into the complaint. The committee shall then make a statement of formal charges and hold a hearing on the complaint.
    VIII. Upon completion of the hearing, the committee shall conclude by recorded vote that:
       (a) No action is appropriate because no improper conduct occurred; or
       (b) No action is appropriate because there is not clear and convincing evidence that improper conduct occurred; or
       (c) There was improper conduct based upon clear and convincing evidence, but such conduct does not justify formal disciplinary action and should be resolved by informal methods; or
       (d)(1) There was improper conduct based upon clear and convincing evidence, and the improper conduct was of a serious nature so as to warrant formal disciplinary action by the general court in the case of a legislator or officer of the legislature, or formal disciplinary action by the joint committee on legislative facilities in the case of an employee of the legislature, except in the case of an employee of the legislature employed by the legislative budget assistant, in which case the formal disciplinary action shall be taken by the fiscal committee of the general court. The committee shall submit to the speaker of the house and senate president in the case of a legislator or officer of the legislature, to the joint committee on legislative facilities in the case of an employee of the legislature, or to the fiscal committee of the general court in the case of an employee of the legislature employed by the legislative budget assistant, a summary report of the deliberations regarding the complaint and of its findings. The report shall contain any specific recommendations concerning disciplinary actions to be imposed. With respect to any recommendations for disciplinary actions against a legislator, the committee may recommend one or more of the following:
             (A) Reprimand.
             (B) Censure.
             (C) Expulsion from the senate or house of representatives.
             (D) Denial or limitation of any right, power, privilege, or immunity of the legislator that the constitution of New Hampshire permits the general court to deny or limit.
          (2) Before any disciplinary action may be taken against a legislator or against an officer of the legislature, the report shall be ratified by the legislator's or by the officer's respective body of the general court. Such ratification need not occur during the biennium in which the complaint was submitted, but may be considered and acted upon by the general court in the next succeeding session; provided that no action shall be taken against an individual who is no longer a member of the general court.
          (3) In a case involving an employee of the legislature, the joint committee on legislative facilities shall determine what disciplinary action shall be taken against the employee. In a case involving an employee of the legislature who is employed by the legislative budget assistant, the fiscal committee of the general court shall determine what disciplinary action shall be taken against the employee. In making its determination, the joint committee on legislative facilities or the fiscal committee of the general court as appropriate may use any of the specific recommendations concerning disciplinary actions which are contained in the report which it receives.
    IX. In processing complaints filed under this chapter, the committee shall have subpoena powers. If the legislator, the officer, or the employee of the legislature refuses to participate in the proceedings, the committee may refer the complaint to the attorney general for appropriate action.
    X. Any member of the legislative ethics committee who is directly or indirectly involved in any complaint before the committee shall not participate in any proceedings regarding the complaint. In the event that a member does not participate in a particular case, the appointing authority shall designate an alternate to serve on the committee for that case only.

Source. 1991, 105:1. 1994, 329:4. 1995, 196:3, eff. Aug. 11, 1995. 2001, 215:4, eff. July 11, 2001.

Section 14-B:5 Rules; Procedures and Standards.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:5

14-B:5 Rules; Procedures and Standards. – The committee shall adopt, publish, and make available to the public rules governing its procedures as well as guidelines referred to in RSA 14-B:3, II consistent with the procedures set forth in RSA 541-A.

Source. 1991, 105:1, eff. July 1, 1991.

Section 14-B:6 Retention of Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 14-B
LEGISLATIVE ETHICS COMMITTEE

Section 14-B:6

14-B:6 Retention of Records. – All records required to be filed with the office of secretary of state under the provisions of this chapter, or the rules or guidelines adopted in accordance with RSA 14-B:5, shall be maintained by the office of secretary of state for a period of 3 years in their original form and then in electronic format for a period of 20 years following their filing.

Source 2001, 215:5, eff. July 11, 2001.

Section 15:1 Registration.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:1

15:1 Registration. – Any person who is employed for a consideration by any other person in a representative capacity to promote or oppose directly or indirectly any legislation pending or proposed before the general court shall first enter his appearance with the secretary of state in a book to be kept for that purpose, which book shall be open to public inspection. Such entry shall show the full names of employer and employed, their respective residences, the usual occupation of each, the date and character of the employment or agreement therefor, the duration of the employment if it can be determined, and the special subjects of legislation, if any, to which the employment relates. If the employment varies from time to time, such entries shall be varied accordingly. All registrations required under this section shall expire on December 1.

Source. 1909, 53:1. PL 4:28. RL 9:27. RSA 15:1. 1986, 166:1, eff. Dec. 1, 1986.

Section 15:2 Registration Fee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:2

15:2 Registration Fee. – The fee for registration as a lobbyist under RSA 15:1 for any one legislative session shall be $50 for each employer. Each individual who acts as a lobbyist shall pay the above registration fee regardless of his affiliation with any registered lobbyist.

Source. 1951, 95:1. RSA 15:2. 1957, 78:1. 1969, 123:1. 1981, 154:1. 1986, 166:2, eff. Dec. 1, 1986.

Section 15:2-a Name Tag.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:2-a

    15:2-a Name Tag. –
    I. Any person who is required to register as a lobbyist under RSA 15:1 shall wear on his outer garment a clearly visible name tag when lobbying in the state house or the legislative office building. Such name tag shall have white lettering on a hunter orange background and shall be at least 1- 1/2 inches high and 2- 1/2 inches long. This name tag shall consist of lobbyist's first and last name and the word "lobbyist'' or the name of the organization represented in letters at least 1/4 inch high.
    II. A person whose lobbying activity is appearing to testify before a legislative committee in an open hearing session is exempt from the requirements of paragraph I.

Source. 1977, 571:1, eff. Sept. 14, 1977.

Section 15:3 Statements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:3

    15:3 Statements. –
    I. Each lobbyist shall file with the secretary of state itemized statements under oath of his fees and expenditures in connection with his legislative employment, including by whom paid or to whom charged. The statements shall be in the form prescribed by the secretary of state, and shall be open to public inspection.
    II. Lobbyists registered for a legislative session shall file statements on April 15, August 15, and December 15. The statement due on April 15 shall cover from the time of registration to April 1. The statement due on August 15 shall cover the period from the time of registration or April 1, whichever is later, to August 1. The statement due on December 15 shall cover the period from the time of registration or August 1, whichever is later, to December 1.
    III. [Repealed.]
    IV. [Repealed.]
    V. The secretary of state shall maintain the statements required by this section for 6 years from the date of filing, after which time the statements may be destroyed.

Source. 1909, 53:2. PL 4:29. RL 9:28. RSA 15:3. 1981, 154:2. 1986, 166:3, 6, eff. Dec. 1, 1986. 2001, 231:1, eff. July 13, 2001.

Section 15:4 Blanks.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:4

15:4 Blanks. – The secretary of state shall provide suitable books and blanks to carry out the requirements of this chapter and shall preserve all books and blanks used pursuant hereto.

Source. 1909, 53:3. PL 4:30. RL 9:29.

Section 15:5 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:5

15:5 Penalty. – Whoever violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Whoever shall make and file any statement under this chapter which is to his knowledge false shall be deemed guilty of perjury and punished accordingly.

Source. 1909, 53:4. PL 4:31. RL 9:30. RSA 15:5. 1973, 529:3, eff. at 11:59 P.M., Oct. 31, 1973.

Section 15:6 Examination of Statements of Fees and Expenditures.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:6

15:6 Examination of Statements of Fees and Expenditures. – It shall be the duty of the attorney general to examine the statements of fees and expenditures which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.

Source. 1987, 298:3, eff. May 25, 1987.

Section 15:7 Testimonial Privilege.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15
LOBBYISTS

Section 15:7

15:7 Testimonial Privilege. – No person shall be excused from testifying in a proceeding instituted against another person under the foregoing sections for the reason that he might thereby incriminate himself; but no testimony so given by him shall be used directly or indirectly as evidence against him in any prosecution, nor shall he be prosecuted for any offenses so disclosed by him.

Source. 1909, 53:5. PL 4:33. RL 9:32.

Section 15-A:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-A
FINANCIAL DISCLOSURE

Section 15-A:1

    15-A:1 Definitions. – In this chapter:
    I. "Business'' means any corporation or any legal entity organized for profit.
    II. "Business association'' means any business in which the person filing for state or county office at a state election is the owner, partner, director, officer, employee, or investor and who received income in excess of $10,000 in either year, ending June 1, from such business association during the previous 24 months.
    III. "Income'' means any money or thing of value received.
    IV. "Primary occupation'' means any business, business association, public sector employment, nonprofit employment, or self-employment which provides the largest source of income for the candidate.

Source. 1987, 298:1, eff. May 25, 1987.

Section 15-A:2 Filing Requirement.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-A
FINANCIAL DISCLOSURE

Section 15-A:2

15-A:2 Filing Requirement. – All candidates who file for state or county office during the filing period or all persons filing an acceptance of nomination form shall disclose on the declaration of candidacy or acceptance form their primary occupation and all business associations.

Source. 1987, 298:1, eff. May 25, 1987.

Section 15-A:3 Form of Disclosure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-A
FINANCIAL DISCLOSURE

Section 15-A:3

15-A:3 Form of Disclosure. – The secretary of state shall determine the forms required under this chapter, which shall appear as part of the acceptance of nomination form and the declaration of candidacy form. The forms shall include the definitions which appear in RSA 15-A:1, and adequate space to provide the required information. The secretary of state shall maintain the declaration of candidacy form for 6 years from the date of filing, after which time it may be destroyed.

Source. 1987, 298:1, eff. May 25, 1987. 2001, 231:2, eff. July 13, 2001.

Section 15-A:4 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-A
FINANCIAL DISCLOSURE

Section 15-A:4

15-A:4 Penalty. – Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false statement shall be guilty of a misdemeanor.

Source. 1987, 298:1, eff. May 25, 1987.

Section 15-A:5 Examination of Disclosures.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-A
FINANCIAL DISCLOSURE

Section 15-A:5

15-A:5 Examination of Disclosures. – It shall be the duty of the attorney general to examine the financial disclosures which are made under this chapter to the secretary of state and to compel such disclosures be made to comply with the law.

Source. 1987, 298:1, eff. May 25, 1987.

Section 15-B:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:1

    15-B:1 Definitions. –
    I. "Elected official'' means the governor, members of the executive council, members of the general court, county commissioners, county sheriffs, county treasurers, county attorneys, registers of deeds, and registers of probate.
    II. "Gift'' means any money or thing of value received in excess of $50. "Gift'' shall not include contributions as defined in RSA 664; a commercially reasonable loan made in the ordinary course of business; meals and beverages consumed in the course of official business; ceremonial gifts or awards which have insignificant monetary value; unsolicited gifts of nominal value or trivial items of informational value; reasonable expenses for food, travel and lodging for an in-state meeting at which the elected official participates in a panel or a speaking engagement; gifts of tickets or free admission extended to an elected official to attend charitable or political events, if the purpose of such gift or admission is a courtesy customarily extended to the office; gifts that are purely private and personal in nature; or gifts from relatives by blood or marriage, or a member of the same household.
    III. "Honorarium'' means a payment in excess of $50 to an elected official for services on which no fee is set or legally obtainable.
    IV. "Testimonial'' means an affair of any kind or nature including, but not limited to, receptions, breakfasts, luncheons, dinners, dances, or picnics intended to raise funds on behalf of an elected official.

Source. 1987, 298:2. 1994, 225:1, 2, eff. July 26, 1994.

Section 15-B:2 Disclosure Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:2

15-B:2 Disclosure Required. – Every elected state and county official, including members of the general court, shall file a statement annually with the secretary of state by June 15 showing any income received by the official during the preceding 12 months ending June 1 from testimonials, gifts, honorariums, donations, or any other source, when the receipt of such income is attributable to the office held by the official. This report shall not include campaign contributions, income received by the official in his regular course of employment or business or salary, mileage, or expense payments made to the official by the state or county for performance of official duties for the preceding 12 months. The statement shall give in alphabetical order the full name, post office address, occupation, and principal place of business if any, of all contributors who gave an individual or an aggregate total of more than $50 of such income and the date received. The statement shall be a public record under RSA 91-A. For the purpose of this section, "income attributable to the office held by the official'' means any gift, honorarium, or testimonial income which is received by an official in his official capacity, and which would not have been received by the official but for the office he holds.

Source. 1987, 298:2. 1994, 225:3, eff. July 26, 1994.

Section 15-B:2-a Information Required on Financial Disclosure Form.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:2-a

    15-B:2-a Information Required on Financial Disclosure Form. –
    I. Each elected official shall disclose any gift or honorarium the official received in excess of $50 and the nature and value of such gift. Each elected official shall disclose income received from an individual contributor through gifts and honorariums or, through gifts or honorariums which exceeds that individual contributor''s aggregate total of $50.
    II. For testimonials, each elected official shall disclose the total amount of income received, the expenses of holding the testimonial, and the testimonial net income raised after paying those expenses. Each elected official shall also disclose income received from individual contributors in excess of $50, and shall follow the disclosure requirements of RSA 15-B:2.

Source. 1994, 225:4, eff. July 26, 1994.

Section 15-B:3 Financial Disclosure Form.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:3

15-B:3 Financial Disclosure Form. – Each elected official shall be required to file a statement under this chapter in substantially the following form. No spaces shall be left blank on the form; however, "not applicable'' may be entered when appropriate.

STATEMENT OF FINANCIAL INTERESTS FOR TESTIMONIALS, GIFTS, AND HONORARIUMS

(use additional paper as necessary)

    List each contributor of income from any gift, honorarium or testimonial as defined in RSA 15-B:1 for the past year ending June 1, ___.
    Provide in alphabetical order the full name, post office address, occupation, and principal place of business, if any, of all contributors who gave an individual or an aggregate total of more than $50.
    Additionally provide the amount received from testimonials, the expenses for the testimonial, and the net income received from the testimonial.

Contributor (Name, Post Office

Address, Occupation, and Principal

Place of Business, if any) Amount Date Received

__________________________________ __________ _________________

Date Report Filed: __________ Signature of Official _____________

Source. 1987, 298:2. 1994, 225:5, eff. July 26, 1994.

Section 15-B:4 Forms; Place of Filing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:4

15-B:4 Forms; Place of Filing. – The secretary of state shall furnish all forms required under this chapter. All persons filing a statement under this chapter shall file with the secretary of state. The statements shall be held in the original form for 6 years from the date of filing, after which time they may be destroyed.

Source. 1987, 298:2, eff. May 25, 1987. 2001, 231:3, eff. July 13, 2001.

Section 15-B:5 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:5

15-B:5 Penalty. – Any person who knowingly fails to comply with the provisions of this chapter or knowingly files a false statement shall be guilty of a misdemeanor.

Source. 1987, 298:2, eff. May 25, 1987.

Section 15-B:6 Examination of Statements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 15-B
GIFTS, TESTIMONIALS, AND HONORARIUMS

Section 15-B:6

15-B:6 Examination of Statements. – It shall be the duty of the attorney general to examine the statements which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.

Source. 1987, 298:2, eff. May 25, 1987.

Section 16:1 Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:1

16:1 Powers. – During any recess the general court may convene itself in special session in the manner herein provided.

Source. 1945, 134:1, par. 1, eff. April 26, 1945.

Section 16:2 Petition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:2

16:2 Petition. – There shall be filed with the secretary of state a petition for the calling of a special session of the general court which petition shall be signed by not less than 50 members of the house of representatives, not more than 10 of whom shall reside in the same county, and signed by not less than 8 members of the senate. Said petition shall state the reason or reasons why the public welfare requires a special session of the general court.

Source. 1945, 134:1, par. 2, eff. April 26, 1945.

Section 16:3 Notice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:3

16:3 Notice. – Upon receiving such petition, the secretary of state shall forthwith mail a copy thereof to each member of the general court together with a ballot upon which shall be stated the following question: "Are you of the opinion that the general court should meet in special session?''

Source. 1945, 134:1, par. 3, eff. April 26, 1945.

Section 16:4 Vote Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:4

16:4 Vote Required. – If within 10 days after the date of the mailing of said ballot by the secretary of state a majority of the members of the house and a majority of the members of the senate shall return said ballot marked in the affirmative, the general court shall be called in special session.

Source. 1945, 134:1, par. 4, eff. April 26, 1945.

Section 16:5 Calling.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:5

16:5 Calling. – Upon receipt of the affirmative votes above required, the secretary of state shall set a day for the convening of the general court which day shall not be more than 15 days thereafter and notice thereof shall be sent by the secretary of state to each member of both houses.

Source. 1945, 134:1, par. 5, eff. April 26, 1945.

Section 16:6 Postponement.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:6

16:6 Postponement. – In the event that the governor prorogues the reassembly of the general court under the provisions of Article 50, Part II of the constitution, the general court shall reassemble the Tuesday following the expiration of the time of such postponement, unless the majority of the membership of each house shall have filed with the secretary of state not less than 7 days prior thereto a statement in writing that a special session no longer is desired. In either event the secretary of state shall give notice thereof to each member.

Source. 1945, 134:1, par. 6, eff. April 26, 1945.

Section 16:7 Compensation and Mileage.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 16
SPECIAL LEGISLATIVE SESSIONS

Section 16:7

16:7 Compensation and Mileage. – In the event that the general court convenes itself in special session in the manner provided by this chapter, the officers and members shall receive for attendance compensation of $3 per day for a period not exceeding 15 days and the usual mileage. The attaches of the general court shall receive for attendance compensation at the rate of the next previous session, and the usual mileage.

Source. 1954, 2:1, eff. April 6, 1954.

Section 17-A:1 Office Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:1

    17-A:1 Office Established. – There shall be a director of legislative services, appointed as hereinafter provided, who shall have the following functions and duties:
    I. To draft bills for both houses of the general court and the individual members and incoming members thereof, both during sessions and while the general court is not in session, and to check and examine all bills and joint resolutions prior to final engrossment.
    II. Pursuant to the direction of the president of the senate and the speaker of the house, to perform or cause to be performed, as circumstances will permit, research and drafting service requested by any committee of the general court in connection with the performance of its functions; to give such consideration to and service concerning any measure before the general court as circumstances will permit and which is in any way requested by the house or senate or any committee of the general court having the matter before it; and to assist and cooperate with any interim legislative committee or commission. Research and drafting assignments made to him by joint or concurrent action of the general court shall be given priority over other research and drafting requests received.
    III. The director shall perform a continuing review, revision and codification of the Revised Statutes Annotated, as amended, and all statutes of a public and general nature which are enacted at any session of the general court. The director shall prepare legislation providing for the revision and recodification of such statutes, and any revisions and recodifications contained in such legislation shall take effect only after they have been enacted into law.

Source. 1963, 297:1. 1975, 278:1; 465:5. 1987, 225:4, eff. May 18, 1987.

Section 17-A:2 Appointment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:2

17-A:2 Appointment. – The joint committee on legislative facilities shall appoint the director of legislative services and fix his salary. He shall hold office for a term of 2 years coterminous with the biennial legislative term. He shall be chosen without reference to party affiliation and solely on the ground of his fitness, qualifications and experience to perform the duties of his office. In the performance of its duties under this chapter, said joint committee may act whether or not the general court is then in session; and 7 members thereof shall constitute a quorum.

Source. 1963, 297:1. 1975, 465:2. 1987, 225:5, eff. May 18, 1987.

Section 17-A:3 Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:3

17-A:3 Office. – The director of legislative services shall maintain a permanent office in the state house or legislative office building where he shall be provided with suitable and sufficient offices convenient to the chambers of the house and senate and shall be in attendance upon all sessions of the general court. Said office shall be kept open during the time provided for other state offices, and when the general court is in session at such hours, day and night, as are most convenient for members of the general court.

Source. 1963, 297:1. 1975, 479:3, eff. July 1, 1975.

Section 17-A:4 Assistants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:4

17-A:4 Assistants. – The director may, subject to the approval of the joint committee on legislative facilities, appoint and fix the compensation of such additional professional, technical, clerical or other employees necessary to perform his functions and duties under this chapter. He may, subject to like approval, designate one of said employees to be his deputy to act in his absence.

Source. 1963, 297:1. 1975, 465:3, eff. June 22, 1975.

Section 17-A:5 Attorney General's Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:5

17-A:5 Attorney General's Office. – [Repealed 1987, 225:6, I, eff. May 18, 1987.] Section 17-A:6 Gender Neutral Drafting.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-A
DIRECTOR OF LEGISLATIVE SERVICES

Section 17-A:6

    17-A:6 Gender Neutral Drafting. –
    I. It is the intent of the general court that the office of legislative services continue its efforts to draft all bills, resolutions and amendments using words that are neutral as to gender, to the extent practicable.
    II. In addition, the office of legislative services shall continue to study the issues involved in gender neutral drafting, including the development and utilization of sexually neutral terms to replace masculine gender terms currently in use.
    III. All members of the general court are encouraged to support the use of gender neutral terms in the drafting of legislation.

Source. 1994, 104:1, eff. July 10, 1994.

Section 17-C:1 Establishment and Functions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-C
COMMITTEE ON LEGISLATOR ORIENTATION

Section 17-C:1

    17-C:1 Establishment and Functions. – There is hereby established the continuing committee on legislator orientation whose function it shall be:
    I. To prepare, print and distribute a legislator's manual before the legislator's orientation program scheduled pursuant to paragraph II in the even numbered years which may consider the following: The house rules, the joint house and senate rules, suggested rules for procedure of legislative committees, a map of Concord, floor plans of state house, a department directory, parking, the procedure for filing a bill, the location of committee rooms, an explanation of the telephone system, a roster of members, food and lodging locations, rules on mileage, tax status of mileage, caucuses, election of certain officers, election of attaches, operation of the organizational session, events on the first day of the regular session, salary payments, state library facilities, legislative services, and a brief sketch of parliamentary procedures.
    II. To prepare and run a legislator's orientation program primarily for new legislators which shall be held in Concord between the date of election and the date of the organizational session.

Source. 1969, 357:1. 1976, 45:7, 8, eff. July 31, 1976.

Section 17-C:2 Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-C
COMMITTEE ON LEGISLATOR ORIENTATION

Section 17-C:2

17-C:2 Membership. – The committee is composed of 3 members of the house of representatives appointed by the speaker of the house, 2 members of the senate appointed by the president of the senate, the clerks of both houses, the president of the senate, the speaker of the house and the director of legislative services or his designee. A chairman shall be elected by the members of the committee.

Source. 1969, 357:1, eff. Aug. 30, 1969.

Section 17-C:3 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-C
COMMITTEE ON LEGISLATOR ORIENTATION

Section 17-C:3

17-C:3 Compensation. – The members of said committee shall serve without compensation. All the legislative members of the committee, when engaged on business of the committee, shall receive legislative mileage.

Source. 1969, 357:1, eff. Aug. 30, 1969.

Section 17-D:1 Committees Authorized.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:1

17-D:1 Committees Authorized. – The house of representatives and the senate are authorized to designate permanent standing committees in such number as they may determine necessary. When created and designated by rule of the house and senate, such permanent standing committees shall exist, both during and between sessions, until the general court is dissolved; and they shall be empowered to exercise all lawful functions and authority of both standing and interim committees including, but not limited to, those powers provided by this chapter.

Source. 1971, 489:1, eff. July 2, 1971.

Section 17-D:2 Meetings and Rules.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:2

17-D:2 Meetings and Rules. – Each permanent standing committee of the house and senate shall meet at such times as they shall determine, and are authorized to adopt such rules of procedure as they deem advisable.

Source. 1971, 489:1, eff. July 2, 1971.

Section 17-D:3 Investigations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:3

17-D:3 Investigations. – Each permanent standing committee of the house and senate is authorized to invite public officials and employees and private individuals to appear before it for the purpose of submitting information to it. Each such committee shall be authorized to maintain a continuous review of the work of the state agencies concerned with its subject area and the performance of the functions of government within each such subject area, and for this purpose, to request reports, from time to time in such form as the committee shall designate, concerning the operation of any state agency and presenting any proposals or recommendations such agency may have with regard to existing laws or proposed legislation in its subject area.

Source. 1971, 489:1, eff. July 2, 1971.

Section 17-D:4 Reports of Permanent Standing Committees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:4

17-D:4 Reports of Permanent Standing Committees. – Each permanent standing committee of the house and senate shall prepare a report or reports of its findings and submit it to the speaker of the house and president of the senate prior to the time at which the session of the legislature by which the committee was established is dissolved.

Source. 1971, 489:1, eff. July 2, 1971.

Section 17-D:5 Assistance to Committees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:5

17-D:5 Assistance to Committees. – [Repealed 1987, 225:6, II, eff. May 18, 1987.] Section 17-D:6 Interim Mileage.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-D
PERMANENT STANDING COMMITTEES OF THE GENERAL COURT

Section 17-D:6

17-D:6 Interim Mileage. – [Repealed 1979, 294:3, eff. Dec. 3, 1980.] Section 17-E:1 Committee Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:1

17-E:1 Committee Established. – A joint committee on legislative facilities is hereby established.

Source. 1975, 430:1, eff. June 18, 1975.

Section 17-E:2 Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:2

    17-E:2 Membership. – The committee shall consist of:
    I. The president of the senate or designee;
    II. The speaker of the house or designee;
    III. The majority leaders of each house;
    IV. The minority leaders of each house;
    V. The chairperson of the senate finance committee;
    VI. The chairperson of the house finance committee;
    VII. Two members of the house appointed by the speaker of the house; and
    VIII. Two members of the senate appointed by the president of the senate.

Source. 1975, 430:1. 1995, 9:10, eff. June 11, 1995.

Section 17-E:3 Chairman.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:3

17-E:3 Chairman. – The chairmanship of the committee shall rotate biennially between the president of the senate or his designee and the speaker of the house or his designee, provided that the speaker shall serve as the first chairman. In the event that the presiding officer or his designee serving as chairman resigns or for any reason is unable to serve, the other presiding officer or his designee shall become chairman, provided that such substitution shall not change the rotation hereinabove provided for.

Source. 1975, 430:1, eff. June 18, 1975.

Section 17-E:4 Meetings.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:4

17-E:4 Meetings. – The committee shall meet on a regular stated date monthly and at such other times at the call of the chair or upon written request of 4 members and any such special meeting shall be held within 5 days of such call or request.

Source. 1975, 430:1, eff. June 18, 1975.

Section 17-E:5 House and Senate Subcommittees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:5

17-E:5 House and Senate Subcommittees. – The house members, with the speaker as chairman, shall be a subcommittee for legislative management for the house; and the senate members, with the president as chairman, shall be a subcommittee for legislative management of the senate. All transfers within the house or senate appropriations and all salaries of legislative attaches and other employees unless otherwise specifically provided by statute shall require the approval of the respective subcommittee. The salaries as determined hereunder shall be a charge upon the appropriation made for the legislature.

Source. 1975, 430:1, eff. June 18, 1975.

Section 17-E:6 Committee Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-E
JOINT COMMITTEE ON LEGISLATIVE FACILITIES

Section 17-E:6

17-E:6 Committee Records. – A record of the minutes of committee and subcommittee meetings shall be available to the public and shall be maintained in accordance with the provisions of RSA 91-A:2, II. The record of the minutes of the joint committee on legislative facilities shall be available at the office of legislative accounting. The record of the minutes of the house and senate subcommittees shall be available at the office of the clerk of the appropriate chamber.

Source. 2002, 135:1, eff. July 8, 2002.

Section 17-H:1 Committee Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:1

17-H:1 Committee Established. – A joint legislative committee on elderly affairs is hereby established.

Source. 1978, 42:1, eff. Aug. 26, 1978.

Section 17-H:2 Membership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:2

17-H:2 Membership. – The committee shall consist of 9 members: 6 representatives appointed by the speaker of the house, and 3 senators, or their designees, appointed by the president of the senate.

Source. 1978, 42:1. 1988, 16:1, eff. May 14, 1988.

Section 17-H:3 Officers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:3

17-H:3 Officers. – The committee shall choose from its membership a chairman, a vice-chairman and a clerk.

Source. 1978, 42:1, eff. Aug. 26, 1978.

Section 17-H:4 Terms of Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:4

17-H:4 Terms of Office. – All members shall be appointed to serve on the committee for a term coterminous with their elected legislative office, but they may be reappointed if re-elected to the same office.

Source. 1978, 42:1, eff. Aug. 26, 1978.

Section 17-H:5 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:5

    17-H:5 Duties. – The duties of the committee shall be as follows:
    I. Serve as the legislative liaison for the New Hampshire state council on aging, other organizations both public and private which are concerned with elderly affairs and individual private citizens seeking legislative assistance for the elderly citizen.
    II. Conduct a continuing investigation and study of the major problems facing elderly citizens and recommend legislative action to provide the necessary relief.
    III. Hold such public hearings as may be necessary on matters pertaining to the elderly. Such hearings may be conducted in any part of the state as circumstances may require.

Source. 1978, 42:1, eff. Aug. 26, 1978.

Section 17-H:6 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-H
JOINT LEGISLATIVE COMMITTEE ON ELDERLY AFFAIRS

Section 17-H:6

17-H:6 Compensation. – The members of the committee shall serve without compensation; however, they shall receive legislative mileage when performing their duties hereunder.

Source. 1978, 42:1, eff. Aug. 26, 1978.

Section 17-I:1 Committee Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:1

17-I:1 Committee Established. – There is hereby established a joint legislative historical committee. The committee shall consist of the president of the senate and a senator appointed by him, the speaker of the house and a representative appointed by him, and the majority and minority leaders of the house and senate.

Source. 1981, 451:1, eff. June 23, 1981.

Section 17-I:2 Responsibilities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:2

    17-I:2 Responsibilities. – The committee shall have the following responsibilities:
    I. To purchase and restore historical items, including paintings and memorial plaques, for the state house, the legislative office building, and other buildings or facilities under the jurisdiction of the general court.
    II. To oversee the historical fund established under RSA 177:8.
    III. To research and record the history, background, and achievements of the general court.
    IV. To accept and expend funds appropriated by the general court or received from any other source for the purposes authorized by this chapter.
    V-VII. [Repealed.]

Source. 1981, 45:1. 1986, 166:5. 1990, 59:1; 255:2. 1991, 129:2, I-III, eff. July 19, 1991.

Section 17-I:3 State Historian.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:3

17-I:3 State Historian. – The committee may appoint a state historian and determine his compensation.

Source. 1981, 451:1, eff. June 23, 1981.

Section 17-I:4 Staff.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:4

17-I:4 Staff. – The committee shall employ staff and consultants needed to carry out its responsibilities, to be paid from the historical fund.

Source. 1981, 451:1, eff. June 23, 1981.

Section 17-I:5 Annual Appropriation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:5

17-I:5 Annual Appropriation. – There is hereby appropriated annually the sum of $10,000 to the joint legislative historical committee established in RSA 17-I for deposit in the nonlapsing historical fund established under RSA 177:8, II for the purpose of carrying out its statutory duties. The governor is authorized to draw his warrant for said sum out of any money in the treasury not otherwise appropriated.

Source. 1986, 166:4. 1990, 255:3, eff. July 1, 1990.

Section 17-I:6 New Hampshire Heritage Trust Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:6

17-I:6 New Hampshire Heritage Trust Fund. – [Repealed 1991, 129:2, IV, eff. July 19, 1991.] Section 17-I:7 Advisory Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:7

17-I:7 Advisory Board. – [Repealed 1991, 129:2, V, eff. July 19, 1991.] Section 17-I:8 Gifts; Grants; Donations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-I
JOINT LEGISLATIVE HISTORICAL COMMITTEE

Section 17-I:8

17-I:8 Gifts; Grants; Donations. – [Repealed 1991, 129:2, VI, eff. July 19, 1991.] Section 17-J:2 Membership and Organization.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-J
CAPITAL BUDGET OVERVIEW COMMITTEE

Section 17-J:2

    17-J:2 Membership and Organization. –
    I. The members of the committee shall be:
       (a) Chairperson of the house public works and highways committee;
       (b) Two other members of the house public works and highways committee, appointed by the speaker of the house;
       (c) Three members of the house finance committee, appointed by the speaker of the house;
       (d) Chairperson of the senate capital budget committee; and
       (e) Three other senators appointed by the president of the senate.
    II. In voting, the members from each house shall vote as a block, casting a single vote. The committee shall elect its own officers.

Source. 1981, 551:1. 1995, 9:11, eff. June 11, 1995.

Section 17-J:3 Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-J
CAPITAL BUDGET OVERVIEW COMMITTEE

Section 17-J:3

17-J:3 Terms. – All members shall be appointed to the committee for a term ending when their elected legislative term ends.

Source. 1981, 551:1, eff. June 30, 1981.

Section 17-J:4 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-J
CAPITAL BUDGET OVERVIEW COMMITTEE

Section 17-J:4

17-J:4 Duties. – The capital budget overview committee shall review the status of capital budget projects both during and between legislative sessions. Each state agency with capital budget projects shall submit to the committee a status report on the projects every 60 days.

Source. 1981, 551:1, eff. June 30, 1981.

Section 17-M:1 Committee Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-M
LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE

Section 17-M:1

17-M:1 Committee Established. – There is hereby established a committee to be known as the long range capital planning and utilization committee. The committee shall consist of one member designated by the governor, 4 members of the senate appointed by the president, not more than 3 of whom shall be of the same party, and 4 members of the house of representatives appointed by the speaker, not more than 3 of whom shall be of the same party. The president of the senate and the speaker of the house may, at any time, appoint alternate senate and house members to replace regular members who are unable to appear at a committee meeting. The commissioner of administrative services or his designee, and the commissioner of transportation or his designee shall be advisory members, without a vote. The legislative members shall serve for the balance of their elected terms and the representative of the governor shall serve for the balance of the term of the governor. The committee shall choose a chairman, vice-chairman and clerk from among its members. The members shall receive no compensation for their services, but the legislative members shall receive legislative mileage while on official business. Each member shall be reimbursed for his expenses incurred on official business.

Source. 1983, 428:4. 1985, 399:3, I. 1986, 224:4, eff. Aug. 5, 1986.

Section 17-M:2 Powers and Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-M
LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE

Section 17-M:2

    17-M:2 Powers and Duties. –
    I. (a) The committee shall conduct a study of the physical needs and financial resources of the state. The study shall include, but not be limited to, the following matters:
          (1) A continuing review of the need for additional space for all state agencies;
          (2) A continuing review of all buildings and land presently owned by the state, together with those under consideration for construction or purchase and those under consideration for disposal;
          (3) A continuing review of the quantity, type, sufficiency and cost of all space presently being leased or rented by state agencies;
          (4) A plan to coordinate the physical plant needs and capital resources of the state into a feasible, long range capital improvement program for the entire state;
          (5) Periodic recommendations for improvement in the capital budget process; and
          (6) Investigation of the use of public property for low-income housing sites.
       (b) In addition to its duties under subparagraph (a), the committee shall:
          (1) Oversee the implementation of the "Master Plan for the New Hampshire Hospital Campus'' dated October 31, 1994, as developed under 1992, 100 and 1993, 293.
          (2) Review any changes in the master plan, monitor the effectiveness of the plan under subparagraph (b)(1), and continually review the management of the New Hampshire hospital campus.
          (3) Make recommendations in the report required under RSA 17-M:3 from time to time for improvements in the buildings on the campus and for the effective management of the campus.
    II. In conducting its study, the committees may hold hearings at such times and in such places as the committee deems advisable.
    III. The committee may require the assistance of any state department, commission, board, agency or institution in conducting its study, and such departments, commissions, boards, agencies and institutions are directed to assist the committee whenever the committee so requests.
    IV. The committee may, with the approval of the senate president and the speaker of the house, employ a consultant to assist the committee in its duties; provided, any consultant employed shall receive compensation for his services only from federal or private funds, or from both.
    V. The committee shall act in an advisory capacity to the director of the office of state planning.

Source. 1983, 428:4. 1986, 224:3, eff. Aug. 5, 1986. 1996, 101:2, eff. July 14, 1996.

Section 17-M:3 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-M
LONG RANGE CAPITAL PLANNING AND UTILIZATION COMMITTEE

Section 17-M:3

17-M:3 Reports. – The committee shall compile and issue the results of its study in the form of a report on or before December 1 in each even numbered year. The committee shall deliver the report to the governor and council and the presiding officer of each house. The report shall be a public document available to the public.

Source. 1983, 428:4, eff. Aug. 23, 1983.

Section 17-N:1 Performance Audit and Oversight Committee Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 17-N
LEGISLATIVE PERFORMANCE AUDIT AND OVERSIGHT

Section 17-N:1

    17-N:1 Performance Audit and Oversight Committee Established. –
    I. There is hereby established a joint legislative performance audit and oversight committee of the general court.
    II. The committee shall consist of 10 members, 5 of whom shall be members of the house of representatives, 3 appointed by the speaker of the house and 2 appointed by the house minority leader, and 5 of whom shall be senators, 3 appointed by the president of the senate, and 2 appointed by the senate minority leader. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy, and the initial appointments under this section shall be made within 30 days of the effective date of this section. The members shall choose from their number a chairman, provided that the chairmanship shall rotate biennially between the house and senate members.
    III. The committee shall, while the general court is in session and during the interim, consider the need to review state departments, boards, institutions, commissions, and agencies and shall make recommendations to the fiscal committee for such reviews as provided in RSA 14:30-a, II.

Source. 1987, 416:12, eff. July 1, 1987.

Section 18:1 Commission Created.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 18
COMMISSION TO STUDY UNIFORM STATE LAWS

Section 18:1

18:1 Commission Created. – There shall be a commission to study uniform state laws consisting of 2 members of the New Hampshire bar appointed by the governor with the consent of the council for terms of 4 years, and the attorney general ex officio; provided, however, that the present attorney members of the commission on uniform state laws shall be members of the commission created hereunder until the expiration of the terms for which they were appointed to the commission on uniform state laws.

Source. 1947, 100:1, par. 1. 1950, 5, part 5:6, par. 1, eff. June 30, 1950.

Section 18:2 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 18
COMMISSION TO STUDY UNIFORM STATE LAWS

Section 18:2

18:2 Duties. – It shall be the duty of said commissioners to promote uniformity in state laws on all subjects where uniformity is desirable and practicable, and to meet and act with other similar commissions appointed from other states for the above purpose, to be represented at each annual conference of the national commissioners, and to file with the secretary of state not later than the last December 1 preceding each legislative session, for the use of the governor and the general court, a report of the progress of uniform legislation both within and without the state to the end that uniform legislation, where desirable and practical, be adopted in this state. The attorney general shall act as secretary of the commission and shall maintain a record of its proceedings in his office.

Source. 1947, 100:1, par. 2. 1950, 5, part 5:6, par. 2, eff. June 30, 1950.

Section 18:3 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 18
COMMISSION TO STUDY UNIFORM STATE LAWS

Section 18:3

18:3 Compensation. – Said appointive commissioners shall serve without compensation but shall be reimbursed for expenses incurred while engaged in their official duties, in attending the national conference and in making the biennial report.

Source. 1947, 100:1, par. 3. 1950, 5, part 5:6, par. 3, eff. June 30, 1950.

Section 18:4 Appropriations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 18
COMMISSION TO STUDY UNIFORM STATE LAWS

Section 18:4

18:4 Appropriations. – The legislature shall annually appropriate sums sufficient for promoting and continuing the national conferences of commissioners on uniform state laws and for the purpose of paying expenses for attendance at said national conferences.

Source. 1947, 100:1, par. 4. 1950, 5, part 5:6, par. 4. RSA 18:4. 1955, 35:1, eff. July 1, 1955.

Section 19-A:1 Declaration of Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:1

19-A:1 Declaration of Policy. – It is hereby found that many of our citizens lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture, and the performing and fine arts generally. It is hereby further found that, with increasing leisure time, the practice and enjoyment of the arts are of increasing importance and that the general welfare of the people of the state will be promoted by giving further recognition to the arts as a vital aspect of our culture and heritage and as a valued means of expanding the scope of our educational programs. It is hereby declared to be the policy of the state to join with private patrons and with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of our communities will continue to grow and will play an ever more significant part in the welfare and educational experience of our citizens. It is further declared that all activities undertaken by the state in carrying out this policy shall be directed toward encouraging and assisting rather than in any ways limiting the freedom of artistic expression that is essential for the well-being of the arts.

Source. 1965, 194:1, eff. Aug. 27, 1965.

Section 19-A:2 Council Created.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:2

19-A:2 Council Created. – A state council, to be known as the New Hampshire state council on the arts, is hereby created and established. The council shall consist of 15 members, broadly representative of all fields of the performing and fine arts, to be appointed by the governor with the advice and consent of the council from among private citizens who are widely known for their professional competence and experience in connection with the performing and fine arts. In making such appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional associations and groups, concerned with or engaged in the production or presentation of the performing and fine arts generally.

Source. 1965, 194:1. 1981, 16:3. 1985, 268:27, eff. Jan. 1, 1986.

Section 19-A:3 Terms of Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:3

19-A:3 Terms of Office. – The term of office of each member shall be 5 years, provided, however, that of the members first appointed, 3 shall be appointed for terms of one year, 3 for terms of 2 years, 3 for terms of 3 years. The governor shall designate a chairman from the members of the council, to serve as such. The chairman shall be the chief executive officer of the council. All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments.

Source. 1965, 194:1. 1985, 268:28, eff. Jan. 1, 1986.

Section 19-A:4 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:4

19-A:4 Compensation. – No member of the council shall receive any compensation for his services.

Source. 1965, 194:1. 1985, 268:28, eff. Jan. 1, 1986.

Section 19-A:5 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:5

    19-A:5 Duties. – The duties of the council shall be:
    I. To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein.
    II. To make such surveys as may be deemed advisable of public and private institutions engaged within the state in artistic and cultural activities, including, but not limited to, music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state.
    III. To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state''s cultural resources.
    IV. To advise the commissioner of cultural resources in all matters concerning the arts.
    V. To meet at least quarterly and at such other times as it deems necessary.
    VI. To hold public hearings as it deems necessary.
    VII. To administer any federal funds received from the National Endowment of the Arts and the art fund established under RSA 19-A:9.
    VIII. To accept restricted gifts where appropriate.

Source. 1965, 194:1. 1985, 268:28. 1989, 35:1. 1990, 73:1, eff. June 5, 1990. 1998, 363:3, eff. Aug. 25, 1998.

Section 19-A:6 Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-A
COUNCIL ON THE ARTS

Section 19-A:6

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:1

19-B:1 Commission Established; Vacancy. – There is hereby created a state commission on the status of women, hereinafter called the commission, consisting of 15 members. All members of the commission shall be appointed by the governor and council for terms of 3 years each, provided that 5 persons appointed in 1982 shall serve one year terms, 5 persons appointed in 1982 shall serve 2 year terms, and 5 persons appointed in 1982 shall serve 3 year terms. If a vacancy occurs on the commission, the governor and council shall appoint a new member to fill the vacancy for the remainder of the term.

Source. 1971, 394:2. 1973, 287:1. 1979, 251:1. 1981, 357:3, eff. Jan. 1, 1982.

Section 19-B:1-a Consecutive Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:1-a

19-B:1-a Consecutive Terms. – Members of the commission shall be limited to 2 consecutive terms.

Source. 1981, 357:5, eff. Jan. 1, 1985.

Section 19-B:2 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:2

19-B:2 Compensation. – The members of the commission shall receive no compensation and shall not be entitled to reimbursement for expenses but shall be entitled to reimbursement for mileage at the same rate provided for state employees.

Source. 1971, 394:2. 1979, 251:2, eff. Aug. 19, 1979.

Section 19-B:3 Officers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:3

19-B:3 Officers. – The governor and council shall designate the chairman, vice-chairman, secretary and treasurer of the commission.

Source. 1971, 394:2. 1979, 251:3, eff. Aug. 19, 1979.

Section 19-B:4 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:4

    19-B:4 Duties. – The duties of the commission shall be as follows:
    I. Stimulate and encourage throughout the state study and revision of the statutes relative to women in this state.
    II. Recommend methods of overcoming discrimination against women in public and private employment and civil and political rights.
    III. Promote more effective methods for enabling women to develop their skills, and continue their education.
    IV. Secure, so far as possible, appropriate recognition of women's accomplishments and contributions to the state.

Source. 1971, 394:2, eff. Aug. 27, 1971.

Section 19-B:5 Cooperation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:5

19-B:5 Cooperation. – The commission may cooperate with any state or federal agency or any private organization in conducting investigations and studies in the area of the status of women.

Source. 1971, 394:2, eff. Aug. 27, 1971.

Section 19-B:6 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:6

19-B:6 Report. – The commission shall submit a biennial report of its activities to the governor and council and the secretary of state. Said report may include any recommendations it may approve for legislation.

Source. 1971, 394:2. 1987, 288:3, eff. May 25, 1987.

Section 19-B:7 Authority to Accept Gifts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:7

19-B:7 Authority to Accept Gifts. – The commission may accept any gifts, donations or grants from any source whatsoever provided said gifts, donations or grants so received shall be used exclusively in the furtherance of the duties of the commission.

Source. 1971, 394:2, eff. Aug. 27, 1971.

Section 19-B:8 Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:8

19-B:8 Records. – The commission shall file and keep its records in space and facilities made available for such purposes in the offices of the secretary of state by the secretary of state.

Source. 1971, 394:2. 1987, 288:4, eff. May 25, 1987.

Section 19-B:9 Administratively Attached.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-B
COMMISSION ON THE STATUS OF WOMEN

Section 19-B:9

19-B:9 Administratively Attached. – The commission shall be administratively attached to the office of the secretary of state.

Source. 1987, 288:5, eff. May 25, 1987.

Section 19-C:1 Commission Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-C
AMERICAN AND CANADIAN FRENCH CULTURAL EXCHANGE COMMISSION

Section 19-C:1

19-C:1 Commission Established. – There is hereby created and established an American and Canadian French cultural exchange commission to consist of 11 members, all of whom shall be American citizens fluent in the French language and residents of the state, to be appointed by the governor and council for terms of 7 years. The governor and council shall designate one of the members as chairman and shall fill vacancies for the unexpired term. The members shall serve without compensation. The commission is authorized to accept any gifts, grants or donations and to disburse and administer the same for the purposes of this chapter with governor and council approval.

Source. 1973, 401:1, eff. June 29, 1973. 2000, 185:1, eff. July 25, 2000.

Section 19-C:2 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-C
AMERICAN AND CANADIAN FRENCH CULTURAL EXCHANGE COMMISSION

Section 19-C:2

19-C:2 Duties. – The commission shall establish, maintain and develop cultural ties between French-Canadians and French speaking Americans; foster a special interest in the historical and cultural background of both groups, as well as in the economic, political, social and artistic life of the countries involved; and shall help establish or promote French language programs in the schools of the state.

Source. 1973, 401:1, eff. June 29, 1973.

Section 19-C:3 Terms of Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-C
AMERICAN AND CANADIAN FRENCH CULTURAL EXCHANGE COMMISSION

Section 19-C:3

    19-C:3 Terms of Office. –
    I. Of the members first appointed to the American and Canadian French cultural exchange commission, established under RSA 19-C:1, one shall be appointed for a term of 3 years, 3 for a term of 2 years and 3 for a term of one year. Upon the expiration of the term of any such member, a successor shall be appointed for a term of 7 years.
    II. Of the 4 members appointed in 2000, one shall be appointed for a term of 3 years, 2 for a term of 2 years, and one for a term of one year. Upon the expiration of the term of any such member, a successor shall be appointed for a term of 7 years.

Source. 1973, 401:1, eff. June 29, 1973. 2000, 185:2, eff. July 25, 2000.

Section 19-C:4 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-C
AMERICAN AND CANADIAN FRENCH CULTURAL EXCHANGE COMMISSION

Section 19-C:4

19-C:4 Reports. – The commission shall make interim reports to the governor and the legislature from time to time.

Source. 1973, 401:1, eff. June 29, 1973.

Section 19-H:1 Volunteer NH; Board of Directors; Executive Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:1

    19-H:1 Volunteer NH; Board of Directors; Executive Director. –
    I. There is hereby established Volunteer NH, a 501(c)(3) nonprofit organization that incorporates the previous responsibilities and programs of the New Hampshire office of volunteerism, the governor's council on volunteerism, and the New Hampshire commission for national and community service (AmeriCorps). The board of directors of Volunteer NH shall consist of at least 15 members but not more than 25 members. The board shall include, as a minimum:
       (a) The following members, appointed by the governor and executive council:
          (1) An individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth.
          (2) An individual with experience in promoting the involvement of adults 55 years of age or older in service and volunteerism.
          (3) A representative from a community-based agency or community-based organization with volunteer participation.
          (4) A representative from local government.
          (5) A representative from a local labor organization.
          (6) At least one representative from the business community.
          (7) An individual between 16 and 25 years of age, inclusive, who is or has been a participant or supervisor in a service program.
          (8) A representative of a national service program described in section 122(a) of the National and Community Service Act of 1990, as amended.
          (9) A representative from the religious community.
          (10) A representative from the philanthropic community.
          (11) A representative from post-secondary education.
       (b) The governor, or designee.
       (c) One member of the senate, appointed by the senate president.
       (d) One member of the house of representatives, appointed by the speaker of the house.
       (e) The commissioner of education, or designee.
       (f) The chairperson of the Volunteer NH advisory council, if any.
    II. The members in subparagraph (a) shall serve for renewable terms of one, 2, or 3 years. The terms for members listed in subparagraphs (b) through (f) shall be coterminous with their term of office. Vacancies shall be filled for the remainder of the term in the same manner and from the same group as the original appointment.
    III. The board shall appoint an executive director who shall serve for a renewable term of 4 years. If a vacancy occurs, the board shall appoint a new executive director to fill the vacancy for the remainder of the term.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:2 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:2

19-H:2 Compensation. – The executive director shall receive no state compensation.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:3 Staff.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:3

19-H:3 Staff. – The executive director may employ staff, including volunteers, necessary to carry out the responsibilities and programs of Volunteer NH.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:4 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:4

    19-H:4 Duties. –
    I. The board may organize an advisory council and program committees to develop, promote, execute, sustain, and provide education and recognition to volunteer activities and programs in New Hampshire.
    II. Volunteer NH shall:
       (a) Promote volunteerism and community service as a value in the state.
       (b) Promote and support national, state, and local community service initiatives.
       (c) Assume responsibility for duties established for state commissions in section 178 of the National and Community Service Act of 1990, as amended.
       (d) Assist and advise state agencies and political subdivisions to establish, maintain, and expand volunteer programs.
       (e) Serve as a resource to coordinate and collaborate with other nonprofit and volunteer organizations throughout the state.
       (f) Provide technical assistance to state agencies and political subdivisions, including a database that details the needs and capabilities of volunteers and volunteer organizations throughout the state.
       (g) Take other appropriate actions to promote active participation of volunteers which would enrich state and local programs without supplanting public employees.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:5 Cooperation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:5

19-H:5 Cooperation. – Volunteer NH may cooperate with any state or federal agency or any private organization in conducting studies, programs, and joint efforts in the areas of service and volunteerism.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:6 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:6

19-H:6 Report. – The board shall submit an annual report of its activities to the governor and council, the senate president, and the speaker of the house of representatives.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:7 Authority to Accept Gifts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:7

19-H:7 Authority to Accept Gifts. – Volunteer NH may accept any gifts, donations, bequests, federal, state, or local funds, or grants from any source if the gifts, donations, bequests, funds, or grants received are used to sustain the organization and to further the duties and programs of Volunteer NH.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:8 Administratively Attached.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:8

19-H:8 Administratively Attached. – Volunteer NH shall be administratively attached to the department of administrative services and shall receive in-kind office space and essential services and support from the state.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-H:9 Limitation on Service.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-H
VOLUNTEER NH

Section 19-H:9

19-H:9 Limitation on Service. – No volunteer whose service or activities are promoted, coordinated, or assisted by Volunteer NH shall be used in the enforcement of any law, or in any civil or criminal investigation.

Source. 2001, 288:1, eff. Sept. 15, 2001.

Section 19-I:1 Commission Established; Members; Appointment and Vacancy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:1

    19-I:1 Commission Established; Members; Appointment and Vacancy. –
    I. There is hereby created a state commission on the status of men, hereinafter called the commission, consisting of 7 members.
    II. All members of the commission shall be appointed by the governor and council for terms of 3 years each, provided that the initial appointees to the commission shall serve the following terms:
       (a) The first 2 persons appointed shall serve one-year terms.
       (b) The second 2 persons appointed shall serve 2-year terms.
       (c) The last 3 persons appointed shall serve 3-year terms.
    III. At least one member shall be invited from the university system of New Hampshire.
    IV. If a vacancy occurs on the commission, the governor and council shall appoint a new member to fill the vacancy for the remainder of the term.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:2 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:2

19-I:2 Compensation. – The members of the commission shall receive no compensation and shall not be entitled to reimbursement for expenses but shall be entitled to reimbursement for mileage at the same rate provided for state employees.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:3 Officers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:3

19-I:3 Officers. – The governor and council shall designate the chairperson, vice-chairperson, secretary, and treasurer of the commission.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:4 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:4

    19-I:4 Duties. – The duties of the commission shall include, but not be limited to:
    I. Examining issues and effects of cultural biases and stereotyping beginning with childhood experiences and progress in public schools, and extending to include a study of male suicide and adult concerns such as family relations, promoting education, and policies which bring fathers and children closer together.
    II. Studying health problems unique to men or which predominantly affect men, and making appropriate recommendations.
    III. Promoting initiatives and programs that will enable men to develop career skills and continue their education so that they become productive and responsible citizens.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:5 Cooperation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:5

19-I:5 Cooperation. – The commission shall cooperate with any state or federal agency or any private organization in conducting investigations and studies in the area of the status of men. All state agencies shall assist the commission in carrying out its duties.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:6 Report.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:6

19-I:6 Report. – The commission shall submit a biennial report of its activities on or before November 1 to the governor and council, the commissioner of administrative services, the president of the senate, and the speaker of the house. The report shall include any recommendations the commission finds for the general court to consider.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:7 Funding; Authority to Accept Gifts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:7

19-I:7 Funding; Authority to Accept Gifts. – The commission may accept any gifts, donations, or grants from any source whatsoever provided the gifts, donations, or grants so received shall be used exclusively in the furtherance of the duties of the commission. No state general funds shall be appropriated to the commission for any purpose.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:8 Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:8

19-I:8 Records. – The commission shall file and keep its records in space and facilities made available for such purposes in the offices of the secretary of state by the secretary of state.

Source. 2002, 267:2, eff. July 1, 2002.

Section 19-I:9 Administratively Attached.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 19-I
STATE COMMISSION ON THE STATUS OF MEN

Section 19-I:9

19-I:9 Administratively Attached. – The commission shall be administratively attached to the department of administrative services.

Source. 2002, 267:2, eff. July 1, 2002.

Section 20:1 Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:1

    20:1 Laws. –
    I. At the close of a legislative session, the director of legislative services shall cause such number of copies of all the acts and resolves thereof, with an appropriate index, to be printed as the joint committee on legislative facilities shall determine.
    II. Such acts and resolves shall be numbered consecutively as chapters, beginning with number one, in the order in which they were enacted and shall be uniform in style with the Revised Statutes Annotated.
    III. The director of legislative services shall cause such number thereof to be bound as said committee shall determine:
       (a) In paper, and
       (b) In hard cover.
    IV. All the printed copies of the laws which are to be sold or distributed by the state librarian shall be delivered to the state librarian for distribution, sale, and storage.
    V. (a) The state librarian shall distribute one free copy of the hard bound laws to the following:
          (1) The governor.
          (2) Each member of the executive council.
          (3) Each agency and institution of the state.
          (4) The justices and clerks of the supreme and superior court.
          (5) The Library of Congress.
          (6) New Hampshire state government information access libraries designated under RSA 202-B.
          (7) The state or territorial library of each state and territory in the United States, provided that if any state or territory makes a charge to the New Hampshire state library for copies of its laws, the state librarian is hereby authorized to make the proper charge for copies of the laws of New Hampshire when forwarded to the state or territorial library of such state or territory.
          (8) Each free public library established under the laws of the state, upon written request to the state librarian on or before September 1 of each year for the laws enacted in that calendar year.
          (9) The town clerk of each town, upon written request submitted to the state librarian on or before September 1 of each year for the laws enacted in that calendar year.
       (b) Each member of the legislature shall be furnished one copy of the paper bound session laws upon request to the house or senate clerk, as appropriate.
       (c) After retaining sufficient copies for the required distribution, the state librarian shall sell copies of paper bound or hard bound laws to other persons requesting them. The state librarian is authorized to recover the costs of mailing and distribution of those volumes which are sold and may add such costs to the sale price established under paragraph VI.
    VI. (a) The joint committee on legislative facilities shall determine and fix the price for the sale of hard and paper bound copies of the laws. The state librarian may retain the difference between the cost of printing and the sale price for any hard and paper bound laws sold. The state librarian shall return to the director of legislative services for deposit in the general fund an amount equal to the cost of printing for all hard and paper bound laws sold.
       (b) The state librarian may sell any unsold copies of the laws in the possession of the state librarian after 5 years from the date the joint committee on legislative facilities fixed the price for such copies, at a price set by the state librarian. The state librarian may retain all proceeds from such sales.

Source. 1919, 3:1. 1921, 66:1. PL 5:1. RL 10:1. RSA 20:1. 1955, 2:1. 1969, 98:1. 1975, 464:1. 1979, 380:1, eff. June 23, 1979. 1997, 351:38, eff. July 1, 1997. 2001, 281:1, eff. Sept. 14, 2001.

Section 20:1-a Advance Printing and Distribution of Acts and Resolves.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:1-a

20:1-a Advance Printing and Distribution of Acts and Resolves. – During each legislative session the director of legislative services shall provide for the advance printing and distribution of all acts and resolves, together with an index thereof, of such session. Each justice of the supreme, superior, probate, district and municipal courts shall be furnished a set of this publication without charge. The senate shall receive at least 2 such sets and the house of representatives at least 3 such sets. The state library shall be furnished a set for its own use and sets for distribution to New Hampshire state government information access libraries designated under RSA 202-B, and upon request, sufficient sets to exchange with other states.

Source. 1955, 23:1. 1975, 464:2, eff. June 20, 1975. 1997, 351:39, eff. July 1, 1997. 2001, 281:2, eff. Sept. 14, 2001.

Section 20:1-b Index.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:1-b

20:1-b Index. – As soon as possible after every final adjournment of a session of the general court and in any case consistently with the schedule of performance set forth in contracts for printing and binding of session laws of the general court, the state librarian shall prepare and furnish the director of legislative services with a complete index of the acts and resolves passed by the general court during the session.

Source. 1969, 300:6. 1975, 464:3; 480:3. 1994, 7:1, eff. April 5, 1994.

Section 20:2 --Bound Copies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:2

20:2 --Bound Copies. – [Repealed 1975, 464:4, eff. June 20, 1975.] Section 20:2-a Examination Before Printing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:2-a

20:2-a Examination Before Printing. – After any bill or joint resolution has been enacted by the general court, but prior to the printing of the acts and resolves of any session, the director of legislative services shall reexamine the same. If such reexamination shows any error or omission in the references to statutes, or other technical or clerical errors, the director is authorized to make the necessary corrections and the bill as thus corrected shall be printed.

Source. 1969, 26:1. 1975, 464:5, eff. June 20, 1975.

Section 20:2-b Revised Statutes Annotated.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:2-b

20:2-b Revised Statutes Annotated. – The director of legislative services is hereby authorized to contract, with the approval of the joint committee on legislative facilities, for the editorial preparation and publication of original, replacement or revised volumes of the official Revised Statutes Annotated and periodic supplements thereto, as necessary.

Source. 1975, 464:7. 1993, 150:1, eff. May 17, 1993. 1997, 351:40, eff. July 1, 1997.

Section 20:3 Daily Journals.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:3

    20:3 Daily Journals. – The clerks of the senate and house of representatives shall:
    I. Cause to be printed in pamphlet form at the close of each legislative day 1,200 copies of the daily journals of their respective body, and
    II. Cause one copy of each to be distributed to each member of the general court before the beginning of the session on the next legislative day, and
    III. Cause 35 copies of each to be delivered to the state library each day.

Source. RS 3:6. CS 3:6. 1857, 2009:1. GS 4:10. GL 4:10. 1879, 20:1. PS 5:9. 1919, 3:3. PL 5:3. RL 10:3. 1949, 128:2. RSA 20:3. 1969, 300:7. 1972, 60:76. 1975, 480:1. 1985, 45:3, eff. June 18, 1985.

Section 20:3-a Permanent Journals.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:3-a

    20:3-a Permanent Journals. – The clerks of the senate and house of representatives shall at the close of each legislative session:
    I. Cause such numbers of copies of the permanent journals with indexes as the president of the senate and speaker of the house shall respectively direct to be printed and bound in paper and in hard cover.
    II. Distribute copies without charge as follows:
       (a) One hard cover copy each to the library of congress and the secretary of state;
       (b) Six hard cover copies to the state library for its own use and for the use of the law library and the supreme court and 10 paper bound copies to the state library for its exchange program;
       (c) As many hard cover copies and paper bound copies as requested by the president of the senate and the speaker of the house.
    III. Sell all other copies of the journals, paper or hard cover, at prices to be established by the respective presiding officers of the senate and the house.

Source. 1975, 480:2. 1979, 230:1, eff. Aug. 11, 1979.

Section 20:3-b Indexing by State Librarian.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:3-b

20:3-b Indexing by State Librarian. – As soon as possible after final adjournment of each session of the general court and in any case consistently with the schedule of performance set forth in contracts for printing and binding of the permanent journals of the general court, the state librarian shall prepare and furnish the clerk of each house with a complete index of the journal of his house.

Source. 1975, 480:2. 1994, 7:2, eff. April 5, 1994.

Section 20:4 Bills and Resolutions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:4

20:4 Bills and Resolutions. – The clerks of the senate and house of representatives may cause to be printed sufficient copies of every bill and joint resolution after its second reading, and shall make sufficient copies available to each member of those bodies as soon as printed. Thirty-five copies of each shall be delivered to the state library.

Source. 1869, 1:7. GL 5:7. 1891, 7:9. PS 6:8. 1919, 3:4. PL 5:4. RL 10:4. 1949, 128:3. RSA 20:4. 1985, 45:4, eff. June 18, 1985.

Section 20:5 Manual.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:5

20:5 Manual. – The secretary of state, under the direction of the governor and council, shall prepare and cause to be printed a manual for each session of the legislature which follows the November general election, containing such matter as may be useful to the members thereof, and shall determine the style, form, and quantity of such manuals. Manuals shall be distributed without charge as follows: not more than 3 copies to each member of the general court; one copy to the clerk of each city and town; one copy to each member of the congressional delegation; one copy to each public library in the state; one copy to each public and private secondary school library in the state; 5 copies to the governor's office; one copy to each member of the governor's council; 15 copies to the office of legislative services; copies to each state department, agency, board, institution, and to the state library on request; and one copy to each member of the press corps regularly covering the proceedings of the general court. The secretary of state may distribute additional copies of the manual to the persons and bodies listed in this section under such conditions and terms as he deems to be necessary. Copies of the manual not distributed without charge pursuant to this section shall be offered for sale by the secretary of state at a a price determined by the governor and council. Revenue derived from sale of manuals shall be deposited in the general fund.

Source. 1887, 159:1. PS 15:14. 1919, 3:5. PL 5:5. RL 10:5. RSA 20:5. 1969, 253:1. 1985, 142:1, eff. July 19, 1985.

Section 20:6 Agency Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:6

20:6 Agency Reports. – All agencies and institutions of the state shall submit their reports to the governor and council, who may limit the amount of matter to be published in each. The agencies and institutions shall cause their reports to be printed in such number as they think wise, and they shall cause the originals thereof to be filed in their respective offices as public documents.

Source. 1879, 70:1. PS 5:11. 1901, 71:1. 1919, 3:6. PL 5:6. RL 10:6. RSA 20:6. 1973, 140:1, eff. Jan. 1, 1974.

Section 20:7 Issuance of Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:7

20:7 Issuance of Reports. – The following agency reports shall be issued annually: secretary of state, state treasurer, bank commissioner, insurance commissioner, division of personnel, commissioner of revenue administration, sweepstakes commission, pari-mutuel commission, liquor commission, department of transportation, department of environmental services, adult parole board and the board of trustees of the state colleges and university. All other reports shall be issued biennially. All reports shall cover periods ending on June 30, and be submitted to the governor and council by October 1. Biennial reports shall cover periods ending in odd-numbered years.

Source. 1895, 32:1. 1919, 3:6. PL 5:7. RL 10:7. RSA 20:7. 1973, 140:1; 544:8. 1986, 12:4, I. 1989, 339:5, eff. Jan. 1, 1990.

Section 20:8 Special Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:8

20:8 Special Reports. – The governor and council may cause to be printed such special reports of state officers and institutions as they deem expedient.

Source. 1895, 32:2. 1903, 117:1. 1919, 3:7. PL 5:8. RL 10:8.

Section 20:9 State and Provincial Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:9

20:9 State and Provincial Records. – The secretary of state, with the approval of the governor and council, may from time to time collect, arrange, transcribe, and cause to be printed such portions of the early state and provincial records as he may deem expedient. He shall determine the style, form, and quantity to be printed and may employ such assistants as the governor and council may approve.

Source. 1919, 3:8. PL 5:9. 1931, 28:1. RL 10:9.

Section 20:9-a List of Counties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:9-a

20:9-a List of Counties. – In all publications of the state or any subdivision, branch, department or commission thereof, other than in statutes enacted by the general court, the counties of the state shall be listed in alphabetical order.

Source. 1963, 19:1, eff. July 1, 1963.

Section 20:10 Distribution of Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:10

20:10 Distribution of Records. – The publications authorized under RSA 20:9 shall be distributed as follows: one copy to each city and town in the state, one copy to such of the public libraries requesting them, 50 copies to the New Hampshire Historical Society, 50 copies to the state library and the remainder to be placed in the custody of the secretary of state, who is authorized to exchange the same for similar publications by other states.

Source. 1931, 28:2. RL 10:10. RSA 20:10. 1973, 140:1, eff. Jan. 1, 1974.

Section 20:11 Distribution of Publications and Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:11

20:11 Distribution of Publications and Reports. – One copy of each publication provided for in RSA 20:5, 6, and 7 shall be sent by the agency responsible for its issue, free of charge, to each of the following officers and bodies: governor, each member of the council, each agency and institution of the state, state house press room, the justices and clerks of the supreme and superior courts, each free public library established under the laws of the state, the town clerk of each town, the Library of Congress, and the state or territorial library of each state and territory in the United States. The agencies may make such further free distribution of such publications as they may deem wise, or as the governor and council may direct. Each member of the legislature shall be furnished one copy of the manual and, upon request, one copy of each departmental and institutional report. However, each free public library and the town clerk of each town shall not be furnished a copy of the annual or biennial report of each state agency or institution.

Source. 1919, 3:9. 1925, 9:1. PL 5:10. 1931, 28:3. 1941, 22:1. RL 10:11. RSA 20:11. 1973, 140:1. 1975, 464:6, eff. June 20, 1975. 1997, 351:41, eff. July 1, 1997.

Section 20:11-a Additional Distribution of the Manual and Session Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:11-a

20:11-a Additional Distribution of the Manual and Session Laws. – Upon request of the speaker of the house of representatives or the president of the senate, additional copies of the manual and of the paper bound and hard bound session laws, from any which have not been otherwise distributed under this chapter, shall be delivered to the clerks of the house and senate for distribution, as the speaker of the house of representatives or the president of the senate may direct.

Source. 1975, 8:1. 1979, 380:2, eff. June 23, 1979.

Section 20:12 Distribution Discontinued.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:12

20:12 Distribution Discontinued. – The secretary of state shall discontinue distribution of books or reports to any free public library when notified by its trustees that they have voted not to receive them.

Source. 1933, 70:1. RL 10:12.

Section 20:13 Disposition of Books and Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:13

20:13 Disposition of Books and Reports. – Books and reports furnished free by state agencies and institutions to any free public library may be disposed of at the best price obtainable, but only with the approval of the state librarian and of the secretary of state.

Source. 1933, 70:1. RL 10:13. 1943, 90:3. RSA 20:13. 1973, 140:1, eff. Jan. 1, 1974.

Section 20:14 Preparation for Publication.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:14

20:14 Preparation for Publication. – The commission appointed under the provisions of chapter 221, Laws of 1953, to revise, codify, and amend the Revised Laws of the state of New Hampshire, is authorized and directed to prepare for publication and to publish the act passed at this session entitled, House Bill No. 75, "An Act to revise and codify, the Revised Laws of the State of New Hampshire.'' The commission is authorized to make corrections in the numbering and the subtitles of sections and in the references to sections; to correct errors in typography, spelling, and punctuation; to correct errors in citations to sources; and to add such preface, annotations, cross references, and notes as it shall judge suitable. The commission shall file with the secretary of state, to be deposited with the engrossed bill, a report listing all corrections to H. B. 75 hereby authorized. The constitution and the amendments thereto, shall be inserted in the publication. The commission shall cause to be prepared by such means as it shall judge suitable, and to be inserted in the publication, a complete index of subjects embraced therein.

Source. 1955, 231:1, eff. June 30, 1955.

Section 20:15 Publication.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:15

20:15 Publication. – The whole act with the changes, additions and corrections authorized by RSA 20:14 shall be published in one or more volumes as the commission shall determine. The volume shall be bound in a manner suitable for the insertion of cumulative pocket parts to contain subsequent session laws and annotations. The complete publication shall be entitled and cited as "Revised Statutes Annotated,'' or "RSA'', and citation to a chapter and section shall be in the following form, e.g. RSA 1:1.

Source. 1955, 231:2, eff. June 30, 1955.

Section 20:16 Distribution of Revised Statutes Annotated.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:16

    20:16 Distribution of Revised Statutes Annotated. –
    I. Unless otherwise directed by the joint committee on legislative facilities, the director of legislative services is authorized to distribute official bound volumes of the Revised Statutes Annotated, replacement volumes thereof and periodic supplements thereto free of charge to each of the following: the clerk of the Supreme Court of the United States, each judge of the circuit court of the United States for this district, the district court of the United States for this district, the United States Department of Justice, the Library of Congress, the New Hampshire Historical Society, and a sufficient number of copies to the state library and law library for use and for distribution to each state or territorial library of the United States on an exchange basis. If any state or territory makes a charge to this state for copies of its laws such state or territory shall in a like manner be required to pay to the state library or law library a price for copies of the Revised Statutes Annotated which shall be determined by the joint committee on legislative facilities.
    II. The joint committee on legislative facilities shall determine the allocation of volumes of the Revised Statutes Annotated other than those provided for in paragraph I among the following:
       (a) For the legislative branch, to the director of legislative services, who shall distribute a sufficient number of copies to meet the needs of the general court and all of its agencies as shall be determined by the joint committee on legislative facilities.
       (b) For the executive branch, to the secretary of state, who shall distribute such copies to the officers, departments, divisions, boards, commissions and institutions of the executive branch as shall be directed by the governor and council.
       (c) For the judicial branch, to the clerk of the supreme court, who shall distribute such volumes to the supreme, superior and probate courts, which shall include retired judges of the courts mentioned, as shall be directed by the chief justice of the supreme court.
    III. The joint committee on legislative facilities is authorized to establish a charge for volumes allocated to the secretary of state for distribution under paragraph II(b) and to the clerk of the supreme court for distribution under paragraph II(c) to recover the actual costs incurred by the director of legislative services in having such volumes printed and distributed pursuant to RSA 20:2-b. The secretary of state and the clerk of the supreme court may each recover any charges for which he may be liable under this paragraph on a per volume basis from the persons to whom and the courts to which the volumes are distributed. If a charge is made for the printing and distribution of volumes, the secretary and the clerk shall remit the charge to the director of legislative services and the sums so received shall be credited to the legislative appropriation for joint printing and binding.
    IV. This section shall not be construed to limit any branch of state government from purchasing such volumes of the Revised Statutes Annotated as it may determine it needs in excess of the number of volumes allocated to it under this section.

Source. 1955, 231:3. 1970, 14:4. 1971, 300:1. 1973, 307:3. 1979, 380:3. 1994, 7:3, eff. April 5, 1994.

Section 20:17 Distribution of Remaining Volumes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:17

20:17 Distribution of Remaining Volumes. – Remaining copies of the Revised Statutes Annotated, furnished to the secretary of state by the publisher, may be sold by the secretary of state at such price or prices as the governor and council may determine.

Source. 1955, 231:4, eff. June 30, 1955.

Section 20:18 Laws of 1955.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:18

20:18 Laws of 1955. – The separate volume of the session laws for the 1955 session published pursuant to RSA 20:2 shall not include H. B. 75 "An Act to revise and codify, the Revised Laws of the State of New Hampshire,'' the publication of which is herein authorized to be published as the Revised Statutes Annotated.

Source. 1955, 231:5, eff. June 30, 1955.

Section 20:19 Laws of 1959.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20
PUBLICATION AND DISTRIBUTION OF BILLS, JOINT RESOLUTIONS, LEGISLATIVE MANUAL, STATUTES, JOURNALS, AND REPORTS

Section 20:19

20:19 Laws of 1959. – The separate volume of the session laws for the 1959 session published pursuant to RSA 20:2 shall not include this act adopting the uniform commercial code. This act shall be published in the Revised Statutes Annotated.

Source. 1959, 247:5, Commercial Code, eff. July 1, 1961.

Section 20-A:1 Authority Granted.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-A
CENTRALIZED BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS

Section 20-A:1

20-A:1 Authority Granted. – The governor, whenever he finds that it would be in the best interests of the state to do so, may establish within any department of the state a bureau for the mimeographing, photostating, multilithing, microfilming, or reproducing by any other similar methods, of forms, letters, papers, reports and the like for the various state departments and agencies.

Source. 1955, 258:1, eff. July 1, 1955.

Section 20-A:2 Rules and Regulations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-A
CENTRALIZED BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS

Section 20-A:2

20-A:2 Rules and Regulations. – If such a bureau is established, the governor may make rules and regulations relative to the reproduction of forms, letters, papers, reports and the like by said bureau.

Source. 1955, 258:2, eff. July 1, 1955.

Section 20-A:3 Personnel Transferred.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-A
CENTRALIZED BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS

Section 20-A:3

20-A:3 Personnel Transferred. – The governor is hereby authorized to transfer to the bureau of mimeographing any employee of any state department or agency, except as hereinafter provided, authorized to do work on mimeographing, photostating or multilithing or other such machines and all unexpended appropriations and funds allocated for the payment of such employee's salary shall be transferred to the bureau so established. Any such employee so transferred or employed by the expenditure of such funds and appropriations shall be directly responsible to the head of the department wherein said bureau is established.

Source. 1955, 258:3, eff. July 1, 1955.

Section 20-A:4 Limitations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-A
CENTRALIZED BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS

Section 20-A:4

20-A:4 Limitations. – Provided however that no employee and funds shall be transferred under the authority of the preceding section where such transfer would affect the receipt of federal assistance in any way and provided further that no employee so transferred shall receive less compensation than he was receiving from the department from which transferred.

Source. 1955, 258:4, eff. July 1, 1955.

Section 20-A:5 Equipment and Funds Transferred.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-A
CENTRALIZED BUREAU FOR THE REPRODUCTION OF STATE DOCUMENTS

Section 20-A:5

20-A:5 Equipment and Funds Transferred. – The governor is authorized to transfer to the bureau so established any equipment belonging to any department or agency used in the mimeographing, photostating, multilithing, microfilming or by any other method of reproducing forms, letters, papers, reports and the like, except in cases where such transfer would affect the receipt of federal aid to such department or agency. The governor is also authorized to transfer any materials used in connection with such reproducing machines and funds which may have been appropriated for the upkeep of such machines.

Source. 1955, 258:5, eff. July 1, 1955.

Section 20-B:1 Orientation Information.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 20-B
ORIENTATION INFORMATION FOR BOARD AND COMMISSION MEMBERS

Section 20-B:1

20-B:1 Orientation Information. – Every state regulatory board, commission, advisory board, advisory committee, and authority shall provide orientation information for its new members. The orientation information may include the business procedures of the regulatory board, commission, advisory board, advisory committee, or authority, the mailing address and phone number of the office, a list of the members and staff, the customary meeting schedule, and any other pertinent information.

Source. 2002, 51:1, eff. Jan. 1, 2003.

Section 21:1 Application.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:1

21:1 Application. – In the construction of all statutes the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislature or repugnant to the context of the same statute.

Source. RS 1:30. CS 1:30. GS 1:1. GL 1:1. PS 2:1. PL 2:1. RL 7:1.

Section 21:2 Common Usage.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:2

21:2 Common Usage. – Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed and understood according to such peculiar and appropriate meaning.

Source. Mass. Gen. St. 3:7. GS 1:2. GL 1:2. PS 2:2. PL 2:2. RL 7:2.

Section 21:3 Number; Gender.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:3

21:3 Number; Gender. – Words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; and words importing the masculine gender may extend and be applied to females.

Source. RS 1:1, 2. CS 1:1, 2. GS 1:3. GL 1:3. PS 2:3. PL 2:3. RL 7:3.

Section 21:4 State; United States.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:4

21:4 State; United States. – The word "state,'' when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States'' shall include said district and territories.

Source. RS 1:3. CS 1:3. GS 1:4. GL 1:4. PS 2:4. PL 2:4. RL 7:4.

Section 21:5 Town.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:5

21:5 Town. – The word "town'' shall extend and be applied to any place incorporated, or whose inhabitants are required to pay any tax, and shall mean that city, town, ward, or place in which the subject-matter referred to is situate, or in which the persons referred to are resident, unless from the context, a different intention is manifest.

Source. RS 1:4. CS 1:4. GS 1:5. GL 1:5. PS 2:5. PL 2:5. RL 7:5.

Section 21:6 Resident; Inhabitant.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:6

21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.

Source. RS 1:5. CS 1:5. GS 1:6. GL 1:6. PS 2:6. PL 2:6. RL 7:6. RSA 21:6. 1981, 261:1, eff. June 16, 1981.

Section 21:6-a Residence.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:6-a

21:6-a Residence. – Residence or residency shall mean a person's place of abode or domicile. The place of abode or domicile is that designated by a person as his principal place of physical presence for the indefinite future to the exclusion of all others. Such residence or residency shall not be interrupted or lost by a temporary absence from it, if there is an intent to return to such residence or residency as the principal place of physical presence.

Source. 1981, 261:1, eff. June 16, 1981.

Section 21:7 Biennial; Annual.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:7

21:7 Biennial; Annual. – The words "biennial'' and "biennially,'' when applied to meetings and elections in towns, shall mean the biennial meetings and elections required by law to be holden in the month of November biennially, dating from the commencement of biennial elections in 1878; and the word "annual,'' when applied to meetings and elections in towns, shall mean the annual meetings and elections required by law to be holden in the month of March.

Source. RS 1:6. CS 1:6. GS 1:7. GL 1:7. PS 2:7. PL 2:7. RL 7:7.

Section 21:8 Month; Year.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:8

21:8 Month; Year. – The word "month'' shall mean a calendar month, and the word "year'' a calendar year, unless otherwise expressed; and the word "year'' shall be equivalent to the expression "year of our Lord.''

Source. RS 1:7. CS 1:7. CS 1:8. GL 1:8. PS 2:8. PL 2:8. RL 7:8.

Section 21:9 Person.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:9

21:9 Person. – The word "person'' may extend and be applied to bodies corporate and politic as well as to individuals.

Source. RS 1:8. GS 1:8. GS 1:9. GL 1:9. PS 2:9. PL 2:9. RL 7:9.

Section 21:10 Charter.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:10

21:10 Charter. – The word "charter'' may include the articles of agreement by which a corporation is formed under the general laws.

Source. PS 2:10. PL 2:10. RL 7:10.

Section 21:11 Seal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:11

21:11 Seal. – When the seal of a court, public officer, or corporation is required by law to be affixed to any paper the word "seal'' shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. The seal of a corporation upon a corporate bond or other corporate obligation for the payment of money may be a facsimile, engraved or printed, where such bond or other obligation is authenticated or certified by a trustee.

Source. RS 1:9. CS 1:9. GS 1:10. GL 1:10. PS 2:11. PL 2:11. RL 7:11. RSA 21:11. 1963, 38:3, eff. June 4, 1963.

Section 21:12 Justice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:12

21:12 Justice. – The word "justice,'' when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter.

Source. RS 1:10. CS 1:10. GS 1:11. GL 1:11. PS 2:12. PL 2:12. RL 7:12.

Section 21:14 Said; Such.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:14

21:14 Said; Such. – The words "said'' and "such,'' when used by way of reference to any person or thing, shall apply to the same person or thing last mentioned.

Source. RS 1:12. CS 1:12. GS 1:13. GL 1:13. PS 2:14. PL 2:14. RL 7:14.

Section 21:15 Joint Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:15

21:15 Joint Authority. – Words purporting to give a joint authority to 3 or more public officers shall give such authority to a majority of them, unless otherwise expressly declared.

Source. RS 1:13. CS 1:13. GS 1:14. GL 1:14. PS 2:15. PL 2:15. RL 7:15.

Section 21:16 Grantor; Grantee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:16

21:16 Grantor; Grantee. – The word "grantor'' may include every person by or from whom any estate or interest in land passes in or by any deed; and the word "grantee'' may include every person to whom any such estate or interest passes in like manner.

Source. RS 1:14. CS 1:14. GS 1:15. GL 1:15. PS 2:16. PL 2:16. RL 7:16.

Section 21:17 Mortgagor; Mortgagee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:17

21:17 Mortgagor; Mortgagee. – The word "mortgagor'' or "mortgagee'' may include any person claiming under such party or having his right.

Source. RS 131:17. CS 137:17. GS 1:16. GL 1:16. PS 2:17. PL 2:17. RL 7:17.

Section 21:18 Insane.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:18

21:18 Insane. – The words "insane'' or "insane person'' shall include every idiot, non-compos, lunatic, insane, or distracted person.

Source. RS 1:15. CS 1:15. GS 1:17. GL 1:17. PS 2:18. PL 2:18. RL 7:18.

Section 21:19 Spendthrift.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:19

21:19 Spendthrift. – The word "spendthrift'' shall include anyone who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, debauchery or vicious habits of any kind, or who is unable to manage his affairs with prudence.

Source. Mass. Gen. St. 3:7. GS 1:18. GL 1:18. PS 2:19. PL 2:19. RL 7:19. RSA 21:19. 1967, 106:1, eff. July 10, 1967.

Section 21:20 Issue.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:20

21:20 Issue. – The word "issue,'' as applied to the descent of estates, shall include all the lawful lineal descendants of the ancestor.

Source. RS 1:16. CS 1:16. GS 1:19. GL 1:19. PS 2:20. PL 2:20. RL 7:20.

Section 21:21 Land; Real Estate.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:21

    21:21 Land; Real Estate. –
    I. The words "land,'' "lands'' or "real estate'' shall include lands, tenements, and hereditaments, and all rights thereto and interests therein.
    II. Manufactured housing as defined by RSA 674:31 shall be included in the term "real estate.''

Source. RS 1:17. CS 1:17. GS 1:20. GL 1:20. PS 2:21. PL 2:21. RL 7:21. RSA 21:21. 1983, 230:1, eff. Aug. 17, 1983.

Section 21:23 Written.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:23

21:23 Written. – The words "written'' or "in writing'' may include printing or any other mode of representing words and letters, except where the written signature of a person is required. The signature of any corporate officer upon a corporate bond or other corporate obligation for the payment of money, or upon any interest coupons attached thereto, may be a facsimile, engraved or printed, where such bond or other obligation is authenticated or certified by a trustee.

Source. RS 1:19. CS 1:19. GS 1:22. GL 1:22. PS 2:23. PL 2:23. RL 7:23. RSA 21:23. 1963, 38:2, eff. June 4, 1963.

Section 21:24 Oath.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:24

21:24 Oath. – The word "oath'' shall include "affirmation'' in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn'' shall include the word "affirmed.''

Source. RS 1:20. CS 1:20. GS 1:23. GL 1:23. PS 2:24. PL 2:24. RL 7:24.

Section 21:25 Sworn; Public Officers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:25

21:25 Sworn; Public Officers. – The word "sworn,'' when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases.

Source. GS 1:24. GL 1:24. PS 2:25. PL 2:25. RL 7:25.

Section 21:26 Highway.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:26

21:26 Highway. – The word "highway'' or "road'' shall include all bridges thereon.

Source. RS 1:21. CS 1:21. GS 1:25. GL 1:25. PS 2:26. PL 2:26. RL 7:26.

Section 21:27 County.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:27

21:27 County. – The word "county'' may mean the county in which the subject matter referred to is situate, belongs, or is cognizable.

Source. RS 1:22. CS 1:22. GS 1:26. GL 1:26. PS 2:27. PL 2:27. RL 7:27.

Section 21:27-a County Attorney.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:27-a

21:27-a County Attorney. – The words "county solicitor'' or the word "solicitor'' when referring to the county law official, shall mean the county attorney.

Source. 1959, 12:1, eff. May 10, 1959.

Section 21:28 Selectmen; Town Clerk.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:28

21:28 Selectmen; Town Clerk. – The word "selectmen'' may mean the selectmen of the town or ward, or the mayor and aldermen of the city, to which the subject matter to be acted upon belongs or in which it is situate; and the words "town clerk'' may mean the clerk of the town, ward, or city to which the subject matter referred to belongs or in which it is situate.

Source. RS 1:23. CS 1:23. GS 1:27. GL 1:27. PS 2:28. PL 2:28. RL 7:28.

Section 21:28-a Clerk; Election Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:28-a

21:28-a Clerk; Election Laws. – The word "clerk'' as used in the election laws shall mean city clerk, town clerk or ward clerk unless specifically defined otherwise.

Source. 1975, 188:1. 1979, 436:10, eff. July 1, 1979.

Section 21:29 School Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:29

21:29 School Board. – The words "school board'' may mean any agent, committee, school board, or board of education entrusted with the hiring of teachers and the management of the prudential affairs of the district.

Source. PS 2:29. PL 2:29. RL 7:29.

Section 21:30 Place.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:30

21:30 Place. – The word "place'' may mean city or town, unless some other meaning is implied by the context.

Source. GS 1:28. GL 1:28. PS 2:30. PL 2:30. RL 7:30.

Section 21:31 Designation of Office Title.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:31

21:31 Designation of Office Title. – When a court, officer, or board is named by official title, such designation shall apply to the court, officer, or board of the county, town, or district within and for which they are qualified to act in such capacity.

Source. RS 1:24. CS 1:24. GS 1:29. GL 1:29. PS 2:31. PL 2:31. RL 7:31.

Section 21:31-a Governor and Council.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:31-a

21:31-a Governor and Council. – The phrase "governor and council'' shall mean the governor with the advice and consent of the council.

Source. 1957, 3:1, eff. Feb. 6, 1957.

Section 21:32 Publication of Notice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:32

21:32 Publication of Notice. – By the words "publish,'' "published,'' "publishing,'' or "publication,'' when notice is required or permitted to be given by publication, shall be intended publication in a newspaper circulated in the vicinity, and the publication shall be for 3 weeks successively, and the last publication one week, at least, before the day or thing of which notice is given, unless otherwise specially provided.

Source. GS 1:30. GL 1:30. PS 2:32. PL 2:32. RL 7:32.

Section 21:32-a Registered Mail.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:32-a

21:32-a Registered Mail. – The words "registered mail'' when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail.

Source. 1955, 242:1, eff. June 30, 1955.

Section 21:33 Intoxicating Liquors.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:33

21:33 Intoxicating Liquors. – By the words "spirit,'' "liquor,'' "spirituous liquor,'' "intoxicating liquor'' shall be intended all distilled liquors, or rectified spirits; vinous, fermented, brewed, and malt liquors; and any beverage, by whatever name called, containing more than one percent of alcohol by volume at 60 degrees Fahrenheit; and any beverage any part of which is intoxicating.

Source. GS 1:31. GL 1:31. PS 2:33. 1903, 122:5. 1911, 193:1. 1917, 147:60. PL 2:33. RL 7:33.

Section 21:33-a Terms of Appointment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:33-a

    21:33-a Terms of Appointment. – Whenever a statute provides for appointment to a position in a state office, agency, commission, or board for a term of stated and limited duration by the governor and council or requires approval or confirmation of such an appointment by the governor and council, such statute shall be construed, unless it shall be exempted from the application of this section by language expressly referring to this section, to provide:
    I. That the language in such statute creating a term of stated and limited duration shall create a term of the position, not of the appointee thereto, with the first such term, to a position to which no appointment has previously been made, to commence on the date of such appointment, confirmation or approval by the governor and council.
    II. That a vacancy in such position shall be filled for the unexpired term.
    III. That an appointee to such position shall serve for the appropriate term or unexpired portion thereof and until his successor is appointed and qualified.
    IV. That when an appointment is made and when a vacancy is filled, one of the factors which may be taken into consideration shall be the gender balance in the population which is served or regulated by the state office, agency, commission, or board, so that when the position is filled, it may result in a state office, agency, commission, or board which reflects that gender balance.

Source. 1973, 425:1. 1992, 56:1, eff. June 12, 1992.

Section 21:34 Filling Vacancy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:34

21:34 Filling Vacancy. – The term "vacancy shall be filled for the unexpired term'', when used in connection with appointments to the state service by the governor and council shall be construed to mean that the successor shall be commissioned for a term equal in length to the unexpired balance of the term of his predecessor and where an appointee has held over beyond the expiration date of his commission, so far as the appointment of a successor is concerned, a vacancy shall be deemed to have been created.

Source. 1943, 39:1, eff. March 3, 1943.

Section 21:34-a Farm, Agriculture, Farming.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:34-a

    21:34-a Farm, Agriculture, Farming. –
    I. The word "farm'' means any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. Structures shall include all farm outbuildings used in the care of livestock, and in the production and storage of fruit, vegetables, or nursery stock; in the production of maple syrup; greenhouses for the production of annual or perennial plants; and any other structures used in operations named in paragraph II of this section.
    II. The words "agriculture'' and "farming'' mean all operations of a farm, including:
       (a)(1) The cultivation, conservation, and tillage of the soil.
          (2) The use of and spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal manure, septage, and, where permitted by municipal and state rules and regulations, other lawful soil amendments.
          (3) The use of and application of agricultural chemicals.
          (4) The raising and sale of livestock, which shall include, but not be limited to, dairy cows and the production of milk, beef animals, swine, sheep, goats, as well as domesticated strains of buffalo or bison, llamas, alpacas, emus, ostriches, yaks, elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), and reindeer (Rangifer tarandus).
          (5) The breeding, boarding, raising, training, riding instruction, and selling of equines.
          (6) The commercial raising, harvesting, and sale of fresh water fish or other aquaculture products.
          (7) The raising, breeding, or sale of poultry or game birds.
          (8) The raising of bees.
          (9) The raising, breeding, or sale of domesticated strains of fur-bearing animals.
          (10) The production of greenhouse crops.
          (11) The production, cultivation, growing, harvesting, and sale of any agricultural, floricultural, forestry, or horticultural crops including, but not limited to, berries, herbs, honey, maple syrup, fruit, vegetables, tree fruit, flowers, seeds, grasses, nursery stock, sod, trees and tree products, Christmas trees grown as part of a commercial Christmas tree operation, trees grown for short rotation tree fiber, or any other plant that can be legally grown and harvested extensively for profit or subsistence.
       (b) Any practice on the farm incident to, or in conjunction with such farming operations, including, but not necessarily restricted to:
          (1) Preparation for market, delivery to storage or to market, or to carriers for transportation to market of any products or materials from the farm.
          (2) The transportation to the farm of supplies and materials.
          (3) The transportation of farm workers.
          (4) Forestry or lumbering operations.
          (5) The marketing or selling at wholesale or retail, on-site and off-site, where permitted by local regulations, any products from the farm.
          (6) Irrigation of growing crops from private water supplies or public water supplies where not prohibited by state or local rule or regulation.
    III. A farm roadside stand shall remain an agricultural operation and not be considered commercial, provided that at least 35 percent of the product sales in dollar volume is attributable to products produced on the farm or farms of the stand owner.
    IV. Practices on the farm shall include technologies recommended from time to time by the university of New Hampshire cooperative extension, the New Hampshire department of agriculture, markets, and food, and appropriate agencies of the United States Department of Agriculture.

Source. 1961, 140:1. 1977, 95:1. 1979, 60:1. 1985, 6:1, eff. May 31, 1985. 1997, 250:1, eff. Aug. 18, 1997. 1999, 191:2, eff. Sept. 4, 1999.

Section 21:35 Time, How Reckoned; Days Included and Excluded.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:35

21:35 Time, How Reckoned; Days Included and Excluded. – Except where specifically stated to the contrary, when a period or limit of time is to be reckoned from a day or date, that day or date shall be excluded from and the day on which an act should occur shall be included in the computation of the period or limit of time.

Source. RS 1:25. CS 1:25. GS 1:33. GL 1:32. PS 2:34. PL 2:34. RL 7:34. RSA 21:35. 1994, 348:1, eff. July 1, 1994.

Section 21:36 Standard Time.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:36

21:36 Standard Time. – The standard time within the state, except as hereinafter provided, shall be based on the mean astronomical time of the seventy-fifth degree of longitude west from Greenwich, known and designated by the federal statute as "Eastern Standard Time.'' At 2 o'clock ante-meridian of the first Sunday in April of each year, the standard time in this state shall be advanced one hour, at 2 o'clock ante-meridian of the last Sunday in October of each year, the standard time in this state shall, by the retarding of one hour, be made to coincide with the astronomical time hereinbefore described as Eastern Standard Time, so that between the first Sunday in April at 2 o'clock ante-meridian and the last Sunday in October at 2 o'clock ante-meridian in each year the standard time in this state shall be one hour in advance of the United States Standard Time. In all laws, statutes, orders, decrees, rules and regulations relating to the time of performance by any officer or department of this state, or of any county, city, town, or district thereof, or relating to the time in which any rights accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of this state, or of any county, city, town, or district thereof, and in all contracts or choses in action made or to be performed in this state, it shall be understood and intended that the time shall be as set forth in this section.

Source. 1921, 15:1. 1923, 105:1, 2. PL 42:76. 1937, 95:1. RL 51:95. 1954, 2:4. RSA 21:36. 1987, 10:1, eff. April 3, 1987.

Section 21:37 Effect of Repeal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:37

21:37 Effect of Repeal. – The repeal of an act shall in no case affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceeding had or commenced in any civil case, before the time when repeal shall take effect.

Source. RS 1:26. CS 1:26. GS 1:34. GL 1:33. PS 2:35. PL 2:35. RL 7:35.

Section 21:38 Pending Prosecution, etc.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:38

21:38 Pending Prosecution, etc. – No suit or prosecution, pending at the time of the repeal of any act, for any offense committed or for the recovery of a penalty or forfeiture incurred under the act so repealed, shall be affected by such repeal.

Source. RS 1:27. CS 1:27. GS 1:35. GL 1:34. PS 2:36. PL 2:36. RL 7:36.

Section 21:39 No Revival.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:39

21:39 No Revival. – The repeal of an act shall not revive any other act which has been repealed.

Source. RS 1:28. CS 1:28. GS 1:36. GL 1:35. PS 2:37. PL 2:37. RL 7:37.

Section 21:41 Declaration of Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:41

21:41 Declaration of Purpose. – [Repealed 1983, 278:3, eff. Aug. 1, 1983.] Section 21:42 Effective Dates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:42

21:42 Effective Dates. – [Repealed 1983, 278:3, eff. Aug. 1, 1983.] Section 21:43 Security Interests.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:43

21:43 Security Interests. – Statutes using the words "pledge'', "mortgage'', "conditional sale'', "lien'', "assignment'' and like terms in referring to a security interest in personal property shall also apply to a corresponding type of security interest under RSA 382-A.

Source. 1959, 247:2(II) Commercial Code, eff. July 1, 1961.

Section 21:44 Age of Majority; Adults.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:44

21:44 Age of Majority; Adults. – Notwithstanding any provision of law to the contrary, the words "adult'', "majority'', "age of majority'', "full age or lawful age'', and all other terms of referring to those persons who are to be considered adults, shall mean those persons who have attained the age of 18 years.

Source. 1973, 72:72, eff. June 3, 1973.

Section 21:45 "Bylaw'' or "Ordinance''.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:45

21:45 "Bylaw'' or "Ordinance''. – The term "bylaw'' when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment.

Source. 1975, 300:1, eff. Aug. 6, 1975.

Section 21:46 Mobile Homes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:46

21:46 Mobile Homes. – The words "mobile home'' shall mean manufactured housing as defined by RSA 674:31.

Source. 1983, 230:2, eff. Aug. 17, 1983.

Section 21:47 Legislative Body.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:47

21:47 Legislative Body. – When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "legislative body'' shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention.

Source. 1989, 205:1, eff. July 21, 1989.

Section 21:48 Governing Body.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:48

21:48 Governing Body. – When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "governing body'' shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners.

Source. 1989, 205:1, eff. July 21, 1989.

Section 21:49 Sexual Orientation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21
STATUTORY CONSTRUCTION

Section 21:49

21:49 Sexual Orientation. – "Sexual orientation'' means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure the basic rights afforded under New Hampshire law.

Source. 1997, 108:2, eff. Jan. 1, 1998.

Section 21-B:1 Age of Majority Changed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-B
COMMON LAW RULE ABROGATED

Section 21-B:1

21-B:1 Age of Majority Changed. – The common law rule that a person is a minor to the age of 21 is hereby abrogated. A person who has reached his eighteenth birthday is hereby declared to be of majority for all purposes, except as prohibited by the constitution of New Hampshire and of the United States.

Source. 1973, 72:73, eff. June 3, 1973.

Section 21-B:2 Recognition of Emancipation Decrees From Other States.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-B
COMMON LAW RULE ABROGATED

Section 21-B:2

21-B:2 Recognition of Emancipation Decrees From Other States. – A person who is under the age of 18 years, but who has documentation which supports a claim that he has been emancipated in accordance with the laws of the state in which he previously had been residing, shall be considered to be emancipated in the state of New Hampshire.

Source. 1990, 201:1, eff. June 26, 1990.

Section 21-G:1 Short Title.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:1

21-G:1 Short Title. – This chapter shall be known as the Executive Branch Reorganization Act of 1983.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:2 Declaration of Findings.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:2

    21-G:2 Declaration of Findings. – The general court finds that:
    I. The state constitution provides for the separation of powers within state government among the legislative, the executive and the judicial branches. The legislative branch has the broad objective and responsibility to determine policies and programs and to review and oversee program performance and implementation of policy previously established. The executive branch has the responsibility to implement and administer these policies and programs. The judicial branch has the responsibility to resolve disputes arising from the interpretation or application of the laws;
    II. The growth of the executive branch from 32 constitutional offices and state agencies in 1900, to 96 in 1970, to more than 140 in 1983, has created an unwieldy and confusing state government structure. This structure has developed piecemeal, resulting in lack of policy coordination, excessive costs, inefficient use of personnel and capital, overlapping agency jurisdictions, duplication, and the ineffective use of the state's limited financial resources; and
    III. The size and complexity of the executive branch, including the unnecessarily confusing current array of administrative terms, titles, and appointment processes, has unintentionally altered some of the constitutionally contemplated checks and balances by an unplanned shifting of policy direction and implementation toward the independent, non-elected executive branch agencies. This reduces the ability of the legislature to assert its primary role as policymaker and the ability of the governor to manage the implementation of that policy.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:3 Declaration of Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:3

    21-G:3 Declaration of Policy. – The general court declares the following to be the policy and objectives of the state:
    I. The organization of state government should assure its responsiveness to popular control, as expressed through the state's elected officials. It is the goal of reorganization to improve legislative policymaking capability and to improve the administrative capability of the executive to carry out these policies.
    II. The organization of state government should facilitate communication between citizens and government. It is the goal of reorganization through coordination of related programs in function-oriented departments to improve public understanding of government programs and policies, by more clearly defining the jurisdiction of departments, and to improve the relationships between citizens and administrative agencies.
    III. The organization of state government should assure efficient, effective and responsive administration of the policies established by the legislature. It is the goal of reorganization to improve the coordination and management of state services by establishing clear lines of authority, responsibility and accountability for program implementation within the executive branch.
    IV. The governor should meet regularly with the heads of all agencies. Communication and exchange of information and ideas among the agency heads, as well as between agency heads and the governor, should be the goal of these meetings.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:4 Guidelines for Reorganization.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:4

    21-G:4 Guidelines for Reorganization. – The following provisions shall serve as general guidelines for accomplishing executive branch reorganization consistent with the policy and objectives of the state:
    I. In order to allow the chief executive to efficiently and effectively implement legislative policy and programs, the governor should be provided with a manageable administrative structure and the authority to direct its operations.
    II. The large number of existing executive branch agencies, departments, boards, commissions, authorities and institutions should be significantly reduced by consolidating them into a reasonable number of departments.
    III. The consolidation of agencies in the executive branch should be on a functional basis, so that programs can be coordinated and comprehensive planning can be undertaken.
    IV. Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs, and the coordination of existing programs, in response to changing public needs.
    V. There should be a uniform process for administrative appeals to an impartial body provided for each department established following July 1, 1983.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:5 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:5

    21-G:5 Definitions. – In this chapter, the following words shall have the following meanings:
    I. "Administratively attached agency'' means an independent agency linked to a department for purposes of reporting and sharing support services.
    II. "Advisory committee'' means a committee established pursuant to RSA 21-G:11 which shall furnish advice, gather information, make recommendations and perform such other activities as may be instructed or as may be necessary to fulfill advisory functions or to comply with federal funding requirements, but which shall not administer a program or function or set policy.
    III. "Agency'' means any department, commission, board, institution, bureau, office, or other entity, by whatever name called, other than the legislative and judicial branches of state government, established in the state constitution, statutes, session laws or executive orders.
    IV. "Bureau'' means the principal unit within a division, which is directly responsible to the division level and is concerned with individual program management.
    V. "Commissioner'' means the individual in charge of the operations of a department, who is directly responsible to the governor.
    VI. "Department'' means the principal administrative unit within the executive branch of state government, which is concerned with broad functional responsibilities.
    VII. "Division'' means the principal unit within a department, which is directly responsible to the department level and is concerned with related major functional programs and activities.
    VIII. "Field operations'' means district or area offices which may combine division, bureau and section functions.
    IX. "Section'' means the principal unit of a bureau, which is directly responsible to the bureau level and is concerned with direct provision of services to the public or other state agencies.
    X. "Subsection'' means the principal unit of a section which is directly responsible to the section level and is concerned with direct provision of services to the public or other state agencies.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:5-a Statements of Financial Interest for Board and Commission Members.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:5-a

    21-G:5-a Statements of Financial Interest for Board and Commission Members. –
    I. Every member of every executive branch board, commission, advisory committee, board of directors, and authority, whether regulatory or administrative, shall file by July 1 of each year a verified written statement of financial interests in accordance with the provisions of this section, unless the member has already filed a statement in that calendar year. Every member shall file the verified written statement required by this section regardless of whether or not the member is reimbursed for performing the member's duties.
    II. No member shall be allowed to enter into or continue the member's duties, unless the member has filed a statement of financial interests with the secretary of state.
    III. Statements of financial interests shall contain the following information:
       (a) The name, address, and type of any professional, business, or other organization in which the reporting individual was an officer, director, associate, partner, proprietor, or employee, or served in any other professional or advisory capacity, and from which any income in excess of $10,000 was derived during the preceding calendar year.
       (b) The description of any debt and the name of the creditor for all debts in excess of $10,000 owed by the reporting individual, as well as the description of any debt and the name of the debtor for all debts in excess of $10,000 owed to the reporting individual, but only if the creditor or debtor, respectively, or any guarantor of the debt, has done work for or business with the state in the preceding calendar year. Loans issued by financial institutions whose normal business includes the making of loans of the kind received by the reporting individual, and which are made at the prevailing rate of interest and in accordance with other terms and conditions standard for such loans at the time the debt was contracted need not be disclosed. Debt issued by publicly held corporations and purchased by the reporting individual on the open market at the price available to the public need not be disclosed.
    IV. The statement of financial interests shall be completed by typewriting or hand printing, and shall be verified, dated, and signed by the reporting individual personally. It shall be submitted on a form prescribed by the secretary of state.
    V. The secretary of state shall maintain the statement of financial interests for 6 years, after which time the statement may be destroyed.

Source. 1993, 238:1, eff. July 1, 1994. 2001, 231:4, eff. July 13, 2001.

Section 21-G:6 Structure of Executive Branch.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:6

    21-G:6 Structure of Executive Branch. – All departments of the state established following July 1, 1983, shall be structured as follows, unless otherwise provided for specifically by the general court:
    I. The department shall be the principal administrative unit of the executive branch, and each department shall be headed by a commissioner. Each department shall bear a title beginning with the words "The State of New Hampshire Department of ..........'' and continuing with the name designated for the department.
    II. All departments shall adhere to the following operational structure and standard terminology:
       (a) The principal unit of the department shall be the division; and each division shall be headed by a director.
       (b) The principal unit of the division shall be the bureau; and each bureau shall be headed by an administrator.
       (c) The principal unit of the bureau shall be the section; and each section shall be headed by a supervisor.
       (d) If further subdivision is necessary, sections may be divided into subsections; and each subsection shall be headed by a chief.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:7 Field Operations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:7

    21-G:7 Field Operations. –
    I. A department shall not establish field operations unless specifically authorized to do so by statute; except that temporary field operations may be established upon a specific written declaration by the governor and council that an emergency exists. A temporary field operation shall not be continued beyond the adjournment of the next regular or special session of the general court following a declaration of emergency.
    II. Legislative proposals by a department seeking establishment of field operations shall include evidence of the commissioner's written certification to the governor and council that all other agencies with field operations in the same vicinity of the state have been consulted to determine the feasibility of combining such field operations.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:8 Commissioners and Division Directors; Appointment; Term.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:8

    21-G:8 Commissioners and Division Directors; Appointment; Term. –
    I. The commissioners of all departments established after July 1, 1983, shall be appointed by the governor, with the consent of the council, except as otherwise provided by law. Each commissioner shall be an unclassified employee.
    II. Each commissioner shall nominate for appointment by the governor, with the consent of the council, each division director within the commissioner's department, for all departments established after July 1, 1983, except as otherwise provided by law. Each division director shall be an unclassified employee.
    III. Commissioners shall serve terms of 4 years. Such terms shall end on March 31 of an odd-numbered year. Initial terms for some commissioners may be for approximately 2 years so that the terms of one-half of the commissioners will end in each gubernatorial term.
    IV. Division directors shall serve terms of 4 years. Such terms shall end on March 31 of an even-numbered year. Initial terms for some directors may be for approximately 2 years so that the terms of one-half of the directors will end one year after a commissioner's terms commences and one-half 3 years after that date.

Source. 1983, 372:1. 1985, 418:1. 1995, 226:2, eff. Aug. 13, 1995.

Section 21-G:9 Powers and Duties of Commissioners.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:9

    21-G:9 Powers and Duties of Commissioners. – The commissioner shall be the chief administrative officer of the department and shall have the following powers and duties:
    I. The commissioner shall manage all operations of the department and administer and enforce the laws with which the commissioner or the department is charged. The commissioner shall report directly to the governor.
    II. To perform the commissioner's duties, the commissioner shall have every power enumerated in the laws, whether granted to the commissioner, the department, or any administrative unit of the department. In accordance with these provisions, the commissioner shall:
       (a) Biennially compile a comprehensive program budget which reflects all fiscal matters related to the operation of the department and each program and activity of the department.
       (b) Adopt all rules of the department, whether the rulemaking authority delegated by the legislature is granted to the commissioner, the department, or any administrative unit or subordinate official of the department. All rules shall be adopted pursuant to RSA 541-A, unless specifically and explicitly exempted by law. The provisions of this subparagraph shall control existing legislative enactments unless the provisions of RSA 21-H through RSA 21-P that created the department specifically and clearly confer rulemaking authority on an administrative unit or a subordinate official. The provisions of this subparagraph shall also apply to subsequent legislative enactments unless such enactments are contained in RSA 21-H through RSA 21-P or are specifically exempted from the application of the provisions of this subparagraph by language expressly referring to this subparagraph. For the purposes of this subparagraph, "commissioner of the department of education'' means the state board of education.
       (c) Exercise general supervisory and appointing authority over all department employees, subject to applicable personnel statutes and rules.
       (d) Delegate authority to subordinates as the commissioner deems necessary and appropriate, except that rulemaking authority shall not be delegated. The commissioner shall provide by delegation for a division director to exercise all authority of the commissioner in the commissioner's absence. All such delegations shall be made in writing, shall be disseminated to all division directors, shall clearly delineate the authority delegated and the limitations thereto, and shall be kept on file in the commissioner's office.
       (e) Adopt practices which will improve the efficiency of the department and the provision of services to the citizens of the state.
       (f) Provide cooperation, at the request of the heads of administratively attached agencies, in order to:
          (1) Minimize or eliminate duplication of services and jurisdictional conflicts;
          (2) Coordinate activities and resolve problems of mutual concern; and
          (3) Resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies.
       (g) Give bond, and require division directors to give bond, to the state as specified in RSA 93-B.
       (h) Where functions of departments overlap or a function assigned to one department could better be performed by another department, a commissioner shall recommend appropriate legislation to the next regular session of the legislature.
    III. The commissioner may adopt such reasonable internal practices and procedures as may be necessary to carry out the duties of the department and its divisions consistent with this chapter.
    IV. The commissioner may not accept, on behalf of the department, any grants of money without first obtaining the express consent of the legislative fiscal committee established by RSA 14:30-a.
    V. It shall be the duty of all commissioners of executive branch agencies to continually reassess the organization of their agencies, especially with regard to new programs and functions assigned to them, and to propose legislation to the general court to accomplish internal reorganizations deemed desirable.

Source. 1983, 372:1. 1995, 226:3-6, eff. Aug. 13, 1995.

Section 21-G:10 Administratively Attached Agency.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:10

    21-G:10 Administratively Attached Agency. –
    I. An agency administratively attached to a department shall:
       (a) Exercise its powers, duties, functions and responsibilities independently of the department and without approval or control of the department, except as otherwise specifically provided by statute;
       (b) Submit the budget requests required by RSA 9 through the department; and
       (c) Submit reports required of it by law or by the governor through the department.
    II. The department to which an agency is administratively attached shall:
       (a) Provide budgeting, recordkeeping and related administrative and clerical assistance to the agency, if mutually agreed to in writing, provided that the agency shall pay the department on a cost allocation basis for such services;
       (b) Include the agency's budget requests, as submitted and without changes, in the departmental budget.
    III. Unless otherwise provided by law, the administratively attached agency shall hire personnel in accordance with state personnel laws.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:11 Advisory Committees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:11

    21-G:11 Advisory Committees. –
    I. A commissioner, with the approval of the governor, may create advisory committees.
    II. Each department shall file a record of each advisory committee created with the secretary of state, showing the committee's:
       (a) Name;
       (b) Composition;
       (c) Appointed members' names and addresses; and
       (d) Purpose and term of existence.
    III. The governor shall appoint the members of each advisory committee, with the advice of the commissioner, who shall have prescribed the functions of each advisory committee created.
    IV. Each advisory committee created under this section shall be designated by name as follows: the ".......... advisory committee of the department of ...''.
    V. A majority of the membership of an advisory committee shall constitute a quorum.
    VI. No member of an advisory committee shall receive any compensation, for services rendered the advisory committee, except mileage payments at the state employee rate, within the limits of the department's appropriations.
    VII. Each advisory committee created under this section after July 1, 1995, shall include a provision for its termination after a 3-year period unless continued by legislative action.

Source. 1983, 372:1. 1995, 257:1, eff. July 1, 1995.

Section 21-G:12 Conflicts of Law.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:12

21-G:12 Conflicts of Law. – If the provisions of RSA 21-G:9 or RSA 21-G:11 conflict with the powers and duties specifically granted by statute to a particular commissioner, the specific powers and duties shall control. If the provisions of RSA 21-G:9 or RSA 21-G:11 conflict with other statutes specifically limiting the powers of a commissioner, the specific limitations shall control.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:13 Transfer of Functions of Abolished Agencies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:13

    21-G:13 Transfer of Functions of Abolished Agencies. –
    I. The powers, duties, functions, responsibilities, programs and operations of each agency abolished pursuant to acts of the general court relative to executive branch reorganization shall, upon and after the date of each abolition, be exercised and performed by the commissioner of the department to which such powers, duties, functions and responsibilities are transferred.
    II. The commissioner of each department shall have full authority, consistent with this chapter, to assign powers, duties, functions, responsibilities, programs and operations of abolished agencies to any division within the department, or may determine that any or all of them shall be exercised in such other manner as shall be allowed by law. The commissioner shall make such assignment or determination in accordance with the general functions of each division, as established by the general court.
    III. Upon the abolition of each agency whose powers, duties, functions and responsibilities are transferred in accordance with this section, any pending or unfinished business of each such agency shall be taken over and be completed by the department to which transferred and its commissioner, with the same power and authority as that of the agency abolished. The department and its commissioner shall be the successor in every way to each such agency, and every act done by the department or its commissioner in the exercise of the functions of each shall be deemed to have the same force and effect under any provisions of the constitution and laws in effect on July 1, 1983, as if done by the agency abolished.
    IV. Upon the abolition of each agency whose powers, duties, functions and responsibilities are transferred in accordance with this section, the existing rules of each agency shall continue in full effect, without interruption, as the rules of the department to which those powers, duties, functions and responsibilities have been transferred. Rules so continued shall be effective for the remainder of the period originally established under RSA 541-A:17, I.

Source. 1983, 372:1. 1986, 41:32. 1994, 412:4, eff. Aug. 9, 1994.

Section 21-G:14 Legal Proceedings and Documents.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:14

    21-G:14 Legal Proceedings and Documents. –
    I. For purposes of this section, legal proceeding includes, but is not limited to, any suit, action, incidental demand or action, claim, and any other matter filed or pending before any court, administrative agency, or other quasi-judicial body.
    II. For purposes of this section, document includes, but is not limited to, any petition, application, exception, motion, rule, answer, citation, notice, return, affidavit, certificate, oath, bond or other security, summons, subpoena, writ, interrogatory, deposition, inventory, appraisal, evidence, court record, instruction, verdict, judgment, order, injunction, confirmation, appointment, warrant, letter, and any other pleading or instrument whatsoever permitted or required in any legal proceeding.
    III. Any legal proceeding to which any agency which is abolished, whose powers, duties, functions, and responsibilities are transferred in accordance with the provisions of this chapter, is a party, and which is filed, initiated, or otherwise pending before any court on the effective date of such abolition and transfer, and all documents involved in or affected by such legal proceeding, shall retain their effectiveness and shall be continued in the name of the agency abolished. All further legal proceedings and documents in the continuation, disposition, and enforcement of such legal proceedings shall be in the name of the original party agency which is abolished; and the department to which the powers, duties, functions, and responsibilities of the agency are transferred shall be substituted for the original party agency without necessity for amendment of any document to substitute the name of the department or the name or title of any subdivision, official, employee, or other agent or representative of the department.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:15 Protection of Obligations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:15

    21-G:15 Protection of Obligations. –
    I. The general court hereby specifically states that this chapter is in no way and to no extent intended to, nor shall it be construed in any manner to, impair the contractual or other obligations of any agency abolished by the general court or of the state of New Hampshire. It is hereby specifically provided that all obligations of any agency abolished, whose powers, duties, functions, and responsibilities are transferred in accordance with this chapter, hereafter shall be deemed to be the obligations of the department to which the powers, duties, functions, and responsibilities of the agency are transferred, and of its commissioner, to the same extent as if originally made by them. In like manner, and in order to prevent any violation of the provisions, terms, or conditions of any gift, donation, deed, will, trust, or other instrument or disposition by which property of any kind has been vested in an agency abolished by the general court, or diversion from the purposes for which such property was thus vested in any such agency, it is hereby specifically provided that each such instrument or disposition hereafter shall be deemed to have been vested in the department to which the powers, duties, functions, and responsibilities of the agency are transferred, and its commissioner, in the same manner and to the same extent as if originally so done.
    II. The department to which the powers, duties, functions, and responsibilities of each such agency are transferred and its commissioner shall be the successor in every way to each such agency, including all of the obligations and debts of each such agency. All funds heretofore dedicated by or under authority of the constitution and laws of this state, or any of its subdivisions, to the payment of any bonds issued for construction or improvements for any institution or facility under the control of any such agency shall continue to be collected and dedicated to the payment of those bonds. In like manner, all other dedications and allocations of revenues and sources of revenues heretofore made shall continue in the same manner, to the same extent, and for the same purposes as were provided prior to the enactment of this chapter, and shall so continue, notwithstanding the passage of any laws by the general court relative to reorganization of the executive branch.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:16 Effect on Federal Law.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:16

21-G:16 Effect on Federal Law. – This chapter and any laws enacted by the general court relative to executive branch reorganization shall not be construed or applied in any way which will prevent full compliance by the state, or any department, office, or agency thereof, with the requirements of any act of the Congress of the United States or any regulation made thereunder by which federal aid or other federal assistance has been or hereafter is made available to this state, or any department, office, agency, or subdivision thereof; and such compliance hereafter shall be accomplished by the commissioner insofar as such compliance affects any abolished agency whose powers, duties, functions, and responsibilities are transferred in accordance with the provisions of this chapter and any laws enacted by the general court relative to executive branch reorganization.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:17 Transfer of Property.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:17

21-G:17 Transfer of Property. – All books, papers, records and unexpended appropriations or other funds, actions, and other property of every kind, movable and immovable, real and personal, heretofore possessed, controlled, or used by each agency abolished whose powers, duties, functions and responsibilities are transferred in accordance with this chapter and any laws enacted by the general court relative to executive branch reorganization are hereby transferred to the department to which such powers, duties, functions, and responsibilities are transferred.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:18 Transfer of Employees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:18

21-G:18 Transfer of Employees. – All employees heretofore engaged in the performance of duties in each agency abolished whose powers, duties, functions, and responsibilities are transferred in accordance with this chapter and any laws enacted by the general court relative to executive branch reorganization are hereby transferred to the department to which such powers, duties, functions, and responsibilities are transferred to the extent the commissioner deems necessary to carry out the functions of the abolished agency and shall, insofar as practicable and necessary, continue to perform the duties heretofore performed, subject to applicable personnel statutes.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:19 Reference to Abolished Agency.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:19

21-G:19 Reference to Abolished Agency. – Wherever any agency abolished, whose powers, duties, functions, and responsibilities are transferred in accordance with this chapter and any laws enacted by the general court relative to executive branch reorganization, is referred to or designated by any law or contract or other document after the effective date of the abolition of such agency, such reference or designation shall be deemed to apply to the department to which the transfer is made or to its commissioner.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-G:20 New Agencies and Programs.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-G
ORGANIZATION OF EXECUTIVE BRANCH

Section 21-G:20

    21-G:20 New Agencies and Programs. –
    I. After July 1, 1983, no agency, as defined in RSA 21-G:5, III, shall be established unless it shall be structured in accordance with this chapter.
    II. After July 1, 1983, no new powers, duties, functions, responsibilities or programs shall be assigned to any agency, as defined in RSA 21-G:5, III, except an agency which exists on July 1, 1983, or an agency established by the general court in accordance with the provisions of this chapter and any laws enacted by the general court relative to executive branch reorganization.

Source. 1983, 372:1, eff. July 1, 1983.

Section 21-H:1 Purpose.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:1

21-H:1 Purpose. – The purpose of this chapter is to improve the administration of state government by consolidating and providing unified direction of policies, procedures and programs in the field of corrections. It is the intent of the general court that this consolidation lead to improved integration of state corrections programs and increased efficiency and effectiveness in the administration of these programs. It is also the intent of the general court that the department of corrections provide for consistency and continuity in the collection, retention and analysis of management information and records and reduction in the administrative and operating costs of corrections agencies.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:2 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:2

    21-H:2 Definitions. – As used in this chapter, the following words shall have the following meanings:
    I. "Adult'' means, notwithstanding RSA 21:44, any person 17 years of age or older or any person under the age of 17 who has been certified as an adult pursuant to RSA 169-B:24.
    II. "Commissioner'' means the individual in charge of the operations of the department of corrections, who is directly responsible to the governor.
    III. "Correctional facility'', "facility'', or "institution'' means any building, enclosure, space, or structure used for the confinement of persons committed to the custody of the commissioner, or for any other matter related to such confinement.
    IV. "Delinquent'' or "delinquent child'' means, notwithstanding RSA 21:44, a person who has committed an offense before reaching the age of 17 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.
    V. "Department'' means the department of corrections.
    VI. "Division'' means a principal unit within the department, which is directly responsible to the commissioner.
    VII. "Inmate'' means any adult committed by law to the custody of the commissioner.
    VIII. "Offender'' means any adult person convicted of a crime or offense under the laws of this state.

Source. 1983, 461:1. 1995, 308:97, 98, eff. Jan. 1, 1996.

Section 21-H:3 Establishment; General Functions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:3

    21-H:3 Establishment; General Functions. –
    I. There is hereby established a department of corrections, an agency of the state.
    II. The department of corrections, through its officials, shall be responsible for:
       (a) Providing for, maintaining and administering such state correctional facilities and programs as may be required for the custody, safekeeping, control, correctional treatment and rehabilitation of inmates.
       (b) Supervising persons placed on probation and persons released on parole and administering probation and parole services.
       (c) Acting in an advisory capacity in assisting law enforcement agencies and communities in the prevention of crime and delinquency.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:4 Internal Organizational Units.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:4

    21-H:4 Internal Organizational Units. – The department shall include the following internal organizational units performing the following major functions:
    I. The division of administration, under the supervision of a director of administration, who shall, in accordance with applicable laws:
       (a) Be responsible to provide for:
          (1) Accounting, purchasing and budget control;
          (2) Personnel management;
          (3) Property, contracts and grant management;
          (4) Data processing;
          (5) Assistance to the commissioner with short and long range department level planning activities; and
          (6) Centralized records retention.
       (b) Exercise, subject to the supervision of the commissioner, superior authority over the directors of the other divisions of the department relative to areas of responsibility specified in this paragraph.
       (c) Be responsible for the operation of the special school district, established under RSA 194:60, which shall provide appropriate education services to eligible offenders held in facilities operated by the department of corrections.
    II. The division of field services, under the supervision of a director of field services, who shall be responsible for supervising adults placed on probation and inmates placed on parole.
    III. [Repealed.]
    IV. The division of medical and psychiatric services, under the joint supervision of a medical director and a non-medical director, who shall respectively have the duties and responsibilities provided in RSA 622:43, and who shall act in an advisory and coordinative capacity in assisting other agencies and activities in the provision of mental health and psychiatric services to persons involved in the criminal justice system.

Source. 1983, 461:1. 1988, 170:1. 1993, 321:1, 2, eff. July 1, 1993. 1996, 159:8, eff. July 1, 1996. 1998, 270:1, eff. July 1, 1999.

Section 21-H:5 Internal Structure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:5

    21-H:5 Internal Structure. –
    I. For its internal structure the department shall adhere to the following standard terms:
       (a) The principal unit of the department shall be the division, and each division shall be headed by a director.
       (b) The principal unit of the division shall be the bureau, and each bureau shall be headed by an administrator.
       (c) The principal unit of the bureau shall be the section, and each section shall be headed by a supervisor.
       (d) If further subdivision is necessary, a section may be divided into units known as subsections, and each subsection shall be headed by a chief.
    II. Whenever the commissioner determines that the administration of the functions of the department may be more efficiently performed by eliminating, merging, or consolidating existing statutory internal units, or by establishing a new division, he shall present a plan to the general court for its consideration.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:6 Commissioner, Assistant Commissioner, and Division Directors; Appointment; Term.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:6

    21-H:6 Commissioner, Assistant Commissioner, and Division Directors; Appointment; Term. –
    I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years from the date of appointment and until a successor is appointed.
    I-a. The commissioner of the department shall nominate for appointment of the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.
    II. The commissioner shall nominate for appointment by the governor, with the consent of the council, each division director and the wardens of all the New Hampshire state prisons. All division directors and the wardens of the New Hampshire state prisons shall serve at the pleasure of the commissioner.

Source. 1983, 461:1, eff. July 1, 1983. 1996, 159:3, eff. July 1, 1996. 1999, 296:10, eff. Sept. 14, 1999. 2001, 179:1, eff. Sept. 3, 2001; 2001, 237:8, 9, eff. July 1, 2001.

Section 21-H:7 Qualifications and Compensation of Certain Officials.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:7

    21-H:7 Qualifications and Compensation of Certain Officials. –
    I. The commissioner and assistant commissioner of the department shall be qualified to hold such positions by reason of education and experience.
    II. The directors of all divisions of the department shall be qualified to hold their respective positions by reason of education and experience.
    III. The salaries of the commissioner, assistant commissioner, and the division directors of the department shall be as specified in RSA 94:1-a.

Source. 1983, 461:1, eff. July 1, 1983. 2001, 237:10, 11, eff. July 1, 2001.

Section 21-H:8 Powers and Duties of Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:8

    21-H:8 Powers and Duties of Commissioner. – The commissioner shall be the chief administrative officer of the department and shall have the following powers and duties:
    I. The commissioner shall manage all operations of the department and administer and enforce the laws with which he or the department is charged. He shall report directly to the governor.
    II. To perform his duties, the commissioner shall have every power enumerated in the laws, whether granted to the commissioner, the department or any administrative unit of the department. In accordance with these provisions, the commissioner shall:
       (a) Biennially compile a comprehensive program budget which reflects all fiscal matters related to the operation of the department and each program and activity of the department.
       (b) Adopt all rules of the department, pursuant to RSA 541-A, whether the rulemaking authority delegated by the legislature is granted to the commissioner, the department or any administrative unit or subordinate official of the department either by this chapter or by existing statutes.
       (c) Exercise general supervisory and appointing authority over all department employees, subject to applicable personnel statutes and rules.
       (d) Delegate authority to subordinates as the commissioner deems necessary and appropriate, except that rulemaking authority shall not be delegated. The commissioner shall provide by delegation for the assistant commissioner or a division director to exercise authority in the commissioner's absence. All such delegations shall be made in writing, shall be disseminated to all division directors, shall clearly delineate the authority delegated and the limitations thereto, and shall be kept on file in the commissioner's office. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.
       (e) Adopt practices which will improve the efficiency of the department and the provision of services to the citizens of the state.
       (f) Provide cooperation, at the request of the heads of administratively attached agencies in order to:
          (1) Minimize or eliminate duplication of services and jurisdictional conflicts;
          (2) Coordinate activities and resolve problems of mutual concern; and
          (3) Resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies.
       (g) Give bond, and require division directors to give bond, to the state as specified in RSA 93-B.
       (h) Where functions of departments overlap or a function assigned to one department could better be performed by another department, recommend appropriate legislation to the next regular session of the general court.
    III. The commissioner shall adopt such reasonable internal practices and procedures, which shall not be considered rules subject to the provisions of RSA 541-A, as may be necessary to carry out the duties of the department and its divisions, consistent with this chapter. These procedures shall include at least the following elements:
       (a) A comprehensive manual of procedures for the operation of the state prison and other adult correctional facilities of the department, including provisions for the humane treatment of inmates.
       (b) A classification system for evaluating probationers and parolees to establish the appropriate level of supervision.
       (c) Criteria used to determine when probationers will be reported to the court for violations of probation or when parolees shall be reported to the parole board for violation of the conditions of parole.
       (d) A policy on notification of law enforcement agencies for parolees who abscond from supervision.
       (e) Criteria for determining when a parolee who has absconded to another state shall be returned to this state.
    IV. The commissioner may not accept, on behalf of the department, any grants of money without first obtaining the express consent of the legislative fiscal committee established by RSA 14:30-a.
    V. The commissioner shall have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
    VI. The commissioner may enter into contracts with the state's counties, the governments of other states, and the federal government, and appropriate private agencies or facilities and make proper and necessary arrangements with them for the transfer and reception of inmates and allow transfers to state prisons of any person. Any person who is confined awaiting trial on a felony charge may be transferred to the state prison from the county correctional facility, upon the recommendation of the superintendent of the county department of corrections, and with the approval of the county commissioners of said county.
    VII. The commissioner may order the assignment and transfer of persons committed to his custody to correctional facilities of the department or facilities under contract with the department.
    VIII. The commissioner shall appoint probation-parole officers as provided in RSA 504-A:8 through RSA 504-A:12-a.
    IX. The commissioner shall report annually to the governor and council and to the general court with respect to the department's operation for the preceding year, and render such other reports as the governor and council or the general court shall from time to time request.
    X. The commissioner shall develop, publish, and periodically revise an annual comprehensive plan for the state's correctional system which shall indicate, among other things, the department's goals, objectives, resources, current conditions, and needs. The report shall contain information on any substantial modification of existing facilities, the progress on construction of new facilities, and whether such construction or modification is being undertaken by public or private entities. The commissioner shall annually submit such comprehensive plan to the governor and council, speaker of the house, president of the senate, and governing bodies of municipalities where state corrections facilities are located.
    XI. The commissioner and the commissioner of the department of health and human services shall jointly establish procedures for sharing data, at least in the aggregate, on delinquents and offenders for purposes of correctional planning and needs assessments. These procedures shall not be considered rules subject to RSA 541-A and shall be established so as to ensure compliance with state and federal confidentiality and privacy laws.
    XI-a. The commissioner shall be the principal administrator of the secure psychiatric unit established pursuant to RSA 622:41. He shall establish the treatment standards for the unit after consultation with the commissioner of the department of health and human services. The commissioner shall:
       (a) Administer the unit;
       (b) [Repealed.]
       (c) Consult with the commissioner of the department of health and human services regarding transfers to the unit;
       (d) Transfer persons in his custody to the unit if treatment is needed for mental disturbance;
       (e) Discharge persons pursuant to RSA 622:48;
       (f) Review, at least annually, the mental health programs with the commissioner of the department of health and human services to determine what policies, standards, or practices should be revised to improve treatment;
       (g) Appoint qualified persons to positions established in RSA 622:43, I;
       (h) Administer the unit in such a manner as to meet accreditation standards and to seek accreditation; and
       (i) Perform other tasks necessary to carry out the administration of RSA 622:40-48.
    XI-b. Whenever it appears to the commissioner that a person who has been committed to the custody of the department of corrections is substantially deprived of his capacity to manage his own affairs and is as a result at risk of substantial harm to himself or his estate and such person does not have a legal guardian, the commissioner shall take such steps as are appropriate to safeguard such person as are consistent with RSA 464-A and RSA 547-B, including the nomination of a guardian when no less restrictive alternative is available.
    XII. If this section conflicts with other powers and duties specifically granted by statute to the commissioner, the specific powers and duties shall control. If this section conflicts with other statutes specifically limiting the powers of the commissioner, the specific limitations shall control.

Source. 1983, 291:1; 461:1. 1985, 337:2. 1988, 170:2, 3. 1992, 143:1. 1994, 212:2. 1995, 181:1, eff. July 1, 1995; 310:66, 170, I, 182, eff. Nov. 1, 1995. 1996, 13:7, eff. July 1, 1996; 232:1, eff. Aug. 9, 1996. 1998, 386:1, 2, eff. Aug. 26, 1998. 1999, 296:1, 4, eff. Sept. 14, 1999.

Section 21-H:8 Powers and Duties of Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:8

Section 21-H:9 Site Visits by Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:9

21-H:9 Site Visits by Commissioner. – To ensure that the programs of the department operate efficiently and effectively, and that persons committed to his custody are treated humanely, the commissioner shall frequently visit the institutions, units and field offices of the department. At least one such visit each year shall be unannounced.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:10 Commitment of Adults.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:10

    21-H:10 Commitment of Adults. –
    I. All offenders committed by a court for a period of incarceration of more than one year shall be committed to the custody of the commissioner. The commissioner shall assign a newly committed inmate to an appropriate correctional facility.
    II. The sentence of imprisonment of any adult committed to the custody of the commissioner shall begin to run from the date on which the person is received at a correctional facility, except that if such a person is committed to a detention facility to await transportation to the appropriate correctional facility his sentence shall begin to run from the date on which he is received at that detention facility.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:11 Female Inmates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:11

21-H:11 Female Inmates. – Females committed to the custody of the commissioner shall be housed in appropriate institutions or quarters which shall be separate from those for males.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:12 Transfer of Inmates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:12

    21-H:12 Transfer of Inmates. –
    I. The commissioner may transfer any inmate, provided that whenever a transfer involves a county facility, a contract specifying the conditions of that transfer shall have been executed in advance.
    II. A transfer may be made whenever the commissioner determines that an inmate cannot be properly or safely kept at the correctional facility at which he is confined or that such transfer is in the best public interest or furthers legitimate penological objectives. When any transfer involves a county facility, the commissioner of corrections shall obtain the approval of the appropriate county correctional administrator before making such a transfer.

Source. 1983, 461:1, eff. July 1, 1983.

Section 21-H:13 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:13

    21-H:13 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
    I. Standards for the management, and operation, of all state correctional facilities.
    II. The administration of the institutions and other facilities under his control.
    II-a. The administration of the secure psychiatric unit as required under RSA 622:44.
    III. Standards for the management and operation of rehabilitation related programs, including, but not limited to:
       (a) Classification;
       (b) Diagnosis;
       (c) Education;
       (d) Casework;
       (e) Counseling;
       (f) Therapy;
       (g) Vocational training;
       (h) Guidance;
       (i) Work, including the terms and conditions of work release; and
       (j) Library.
    IV. Standards for health and medical services provided at correctional facilities.
    V. Payment and collection of all fees for which the department is responsible.
    VI. The activities of visitors to all institutions and facilities of the department.

Source. 1983, 461:1. 1985, 337:3, eff. July 1, 1985.

Section 21-H:14 Behavior of Inmates.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-H
DEPARTMENT OF CORRECTIONS

Section 21-H:14

Section 21-I:11

    21-I:11 Division of Plant and Property Management. – There is hereby established the division of plant and property management under the supervision of an unclassified director of plant and property management who shall be responsible for the following functions, in accordance with applicable law:
    I. With reference to the division of plant and property management and the rulemaking authority of the commissioner in this area, the following definitions shall apply:
       (a) "Supplies'' shall mean all materials, equipment, printing, furniture, furnishings, and books, of every name and nature.
       (b) "Agency'' shall mean any board, department, commission, hospital, sanitarium, home, library, school, college, prison or other institution conducted or operated by or for the state of New Hampshire.
       (c) "Purchase'' shall mean all contracts for the purchase of supplies or services, as well as the act of purchasing.
       (d) "Emergency'' shall mean any situation requiring the immediate purchase of supplies arising from any unavoidable casualty or disaster.
       (e) "Governing board'' shall mean the board, commission, board of trustees, department head or other administrative body responsible for the conduct of any agency.
       (f) "Services'' shall mean services provided for general agency use including, but not restricted to, the following: credit card agreements, elevator maintenance, hazardous waste testing and removal, janitorial services, laboratory services, rubbish removal, security services, snow removal, soil testing, transportation, office machine maintenance, vehicle repair, vehicle rental and leasing, and warehousing. "Services'' shall not mean services provided solely to one agency.
    II. Purchasing all materials, equipment, supplies, and services for all departments and agencies of the state including contracting for the purchase or rental of data processing equipment and contracting for the purchase of electric power supply and services, except as otherwise provided by law. Insofar as practicable all such purchases shall be made in such quantities and manner as shall be most economical for the state.
       (a) The director, division of plant and property management, with the assistance of all state agencies, shall cooperate with the generators and managers of waste materials which may be recycled and with the producers of products which use recycled materials to maximize the state's use of those materials and products. Not later than January 15 of each odd-numbered year, the director, division of plant and property management, shall submit a report to the governor, the house environment and agriculture committee, the senate environment committee, the senate president, the speaker of the house, the senate clerk, the house clerk, and the state library on the extent to which recycled products are purchased.
       (b) Vendors shall, to the extent practicable, be required to include information on the percentage of post consumer recycled waste material content for all responsible bids submitted for paper and other products.
    III. Requiring competitive bidding before making any purchase for the state pursuant to the laws of the state applicable to the director of plant and property management, except:
       (a) When the best interests of the state would be served thereby and the purchase involves a total expenditure of not more than $2,000 or is a purchase in an approved class;
       (b) When after reasonable investigation, it appears that any required unit or item of supply, or brand of such unit or item, is procurable by the state from only one source;
       (c) When, after reasonable investigation, it appears that any required service, unit or item of supply, or brand of such unit or item, has a fixed market price at all sources available to the state;
       (d) When, in the opinion of the governor, an emergency exists of a nature which requires the immediate procurement of supplies, he may authorize the director of plant and property management to make a purchase without competitive bidding; and where the rates filed with and approved by the insurance commissioner are uniform, the purchase of state insurance and public state official and employee bonds are specifically excluded from competitive bidding as to price; provided, however, that nothing contained in this subparagraph shall preclude the director of plant and property management from inviting plans of insurance coverage from any resident licensed insurance agent.
    III-a. [Repealed.]
    IV. Except where competitive bidding has been employed, no purchase involving an expenditure of more than $2,000 or purchase in an approved class may be made by the director of plant and property management without the written approval of the commissioner. In requesting such approval, the director shall first state in writing his reasons for not employing competitive bidding.
    V. Promptly furnishing to any agency and to the comptroller, a copy of any purchase order executed by him for supplies for the said agency.
    VI. Having custody of all state owned real and personal property not specifically charged to some other department.
    VII. Maintaining a central inventory record of all state owned real property, physical plant and equipment, which record shall be made available to the comptroller to assist him in complying with accounting principles. In order to compile this record the director shall:
       (a) Advise each state agency how to establish and maintain a perpetual inventory record system for real property, physical plant and equipment; and
       (b) Require each state agency to report annually, in such form as prescribed by the director, an inventory of the real property, physical plant and equipment under its jurisdiction. The form of such report shall not be considered a rule subject to the provisions of RSA 541-A.
    VIII. Recommend to the commissioner fair and equitable charges to be assessed according to rules adopted pursuant to RSA 21-I:14, XIII, against any recipients receiving any donated surpluses from the surplus distribution section which shall:
       (a) Be sufficiently high to defray all administrative, warehousing, processing, distribution and transportation costs incurred by the surplus distribution section, and to allow the accumulation of a working capital reserve equal to the cost of 6 months'' operation of the surplus distribution section so that the operation of said section shall result in no expense to the state; and
       (b) Be maintained by the treasurer as a separate, restricted fund.
    IX. Provide the text of any rule adopted pursuant to RSA 21-I:14, XIII, to each recipient of donated commodities or surpluses distributed by the surplus distribution section.
    X. Subject to the direction and supervision of the commissioner of administrative services, act as custodian of the state house, legislative office building, state house annex, state library, and grounds connected with each, and have charge of all matters relating to the care, maintenance and repair of said property.
    XI. Requiring, prior to an agency's submission of a request for proposal for state data processing equipment, software, or services exceeding $5,000 in total cost, that the agency obtain approval of the proposal by the director of the office of information technology to ensure that the procurement is consistent with the state information technology plan.
    XII. Requiring agencies to submit the approval from the director of the office of information technology in support of requests for purchases of information technology equipment or software in excess of $5,000.

Source. 1983, 416:40; 469:130, 131. 1985, 4:4; 188:4; 399:16-18. 1986, 77:1-3. 1988, 227:18. 1990, 247:2. 1991, 346:6. 1995, 9:13, eff. June 11, 1995. 1996, 57:3, eff. June 23, 1996; 79:2, eff. July 12, 1996.

Section 21-I:11-a Fund Restrictions; Cash Reserves Prorated.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:11-a

    21-I:11-a Fund Restrictions; Cash Reserves Prorated. –
    I. Expenditures from the fund established by 21-I:11, VIII(b), shall be restricted to defraying the following costs incurred as a result of transferring donated commodities or surpluses from the consignee point of delivery or point of origin to the ultimate point of consumption:
       (a) Compensation and travel expenses of individuals directly connected with the distribution of donated commodities.
       (b) Supplies, equipment, warehousing and storage costs.
       (c) Labor and transportation costs.
       (d) Such other related costs as may be required to effect orderly distribution of commodities.
    II. If the program of distribution of donated commodities and surpluses carried out by the surplus distribution section is discontinued due to failure to receive surpluses for distribution, the cash reserves shall be prorated back to the recipients who contributed to such reserves during the previous 3 years.

Source. 1985, 188:5, eff. May 28, 1985.

Section 21-I:12 Internal Organization; Division of Plant and Property Management.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:12

    21-I:12 Internal Organization; Division of Plant and Property Management. – The division of plant and property management shall include the following internal organizational units:
    I. A function of purchase and property under the supervision of a classified administrator of purchase and property who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Inspecting and testing deliveries for compliance with purchase orders.
       (b) Maintaining and operating such central storage facilities as may be practical.
       (c) Charging property and equipment to the using departments, as he shall deem advisable, and expressly specifying the responsibilities for maintenance of the same.
       (d) Transferring unused supplies and equipment from one department or agency to another where needed and determining the value thereof; where such unused supplies and equipment cannot be so transferred, providing for disposal to the public by competitive bid whenever the estimated value of any unit or total of units is $100 or more, otherwise in such manner as appears to be in the best interest of the state.
       (e) There shall be within the function of purchase and property a surplus distribution section, which shall continue to operate for such period of time as surpluses or donated commodities of any kind are made available for distribution to the state by any department, division, or agency of the United States government or by any other source. The surplus distribution section shall be under the supervision of a classified supervisor of surplus distribution, who shall be responsible for the following functions, in accordance with applicable laws:
          (1) Requesting, transporting, receiving, warehousing, allocating, enforcing compliance and delivering, where deemed expedient, any surpluses or commodities made available to the state by the federal government or by any other source.
          (2) Assuring that all contracts, agreements, leases or other documents entered into by the commissioner in order to operate the program of distribution of federal commodities and surpluses comply with the regulations and directives of the federal government.
          (3) In his discretion, receiving, allocating and distributing food supplies and other school food services supplies in cooperation with the New Hampshire School Food Service Association Co-operative, Inc., and such activities shall in no way constitute a restriction of trade.
          (4) In his discretion, participating and cooperating in informational projects relating to distributions made by the agency.
    II. A bureau of planning and management under the supervision of a classified administrator of planning and management who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Recommending assignment of office and office related space, including rented space, to the director, who shall report such recommendations to the commissioner.
       (b) Preparing and maintaining an inventory of all physical space used by the state, including rented space and the cost thereof. This inventory shall be made available to the comptroller in order to assist him to comply with accounting principles.
       (c) Planning for any additional office space needs of the state in consultation with the department of public works and highways.
       (d) Planning for any major renovation to state office buildings in consultation with the department of public works and highways.
    III. A bureau of general services under the supervision of a classified administrator of general services who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Providing support services, including but not limited to, mailing, messenger and telephone service to state government.
       (b) Providing for the general maintenance of state owned buildings and grounds, except as otherwise provided by law.
    IV. (a) A bureau of graphic services under the supervision of a classified administrator of graphic services who shall be responsible for the following functions:
          (1) Supervising all state printing and its procurement.
          (2) Ensuring that all legislative printing within the capability of the bureau of graphic services shall, at all times, have priority over other work of the bureau.
          (3) Providing the capability to levy cost charges on the use of each state photocopier.
          (4) Using the prison printshop to the extent it can efficiently do so to function as a vocational rehabilitation facility under the direct supervision of prison authority, provided the prison printshop shall be entitled to bid on any appropriate state printing job.
          (5) Managing a service operation which shall provide graphic services to all state agencies.
       (b) With reference to the bureau of graphic services and the rulemaking authority of the commissioner in this area, "graphic services'' shall mean any method of producing written or pictorial representations and shall include, but not be limited to, all forms of photography, photocopy, duplicating and printing.
       (c) The following exceptions to the authority of the administrator of graphic services shall apply:
          (1) He shall exercise no management or other authority over the state police photo laboratory.
          (2) He shall exercise no management or other authority over the printing, duplication, photocopying, photographic or other graphic services equipment or personnel of the university system of New Hampshire, the department of transportation, the department of employment security, and the general court.

Source. 1983, 416:40. 1985, 188:1; 399:19. 1991, 346:7, eff. July 1, 1991.

Section 21-I:13 Duties of Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:13

    21-I:13 Duties of Commissioner. – In addition to the powers, duties and functions otherwise vested by law in the commissioner of the department of administrative services, he shall:
    I. Represent the public interest in the administration of the functions of the department and be responsible to the governor, the general court and the public for such administration.
    II. Develop and implement, subject to approval by the governor and the legislature, a long range 6-year financial plan for the state of New Hampshire.
    III. Attend all meetings of the executive council and joint legislative fiscal committee, answer questions and give information called for by these bodies, and their members, relative to financial operations of the state and its several agencies.
    IV. Furnish to any committee of either house of the legislature having jurisdiction over revenue or appropriations such aid and information regarding the financial affairs of the state as it may request.
    V. Receive cooperation from all agencies in providing information which he shall request in order to carry out his statutory functions.
    VI. Have authority to destroy at the end of 6 years from the time of filing any records, reports, or miscellaneous papers in the department which, in his opinion, are no longer of value to the state, provided that any such destruction shall have the prior approval of the legislative budget assistant.
    VII. Assign physical facilities, including rented office space, for the use of state agencies, after consultation with the governor and the joint fiscal committee, except:
       (a) In the legislative office building and the state house.
       (b) In any facilities under the control of the judicial branch of government.
    VIII. Have the authority to temporarily assign and reassign the personnel of the department among the organizational units of the department. Transfers involving enhanced 911 services shall require the concurrence of the bureau of emergency communications which administers enhanced 911 services.
    IX. Administer all state employee benefit programs, other than those administered by the retirement system, as provided by RSA 21-I:28.
    X. Supervise the operation of the program of distribution of surpluses and commodities made available to the state by the federal government or any other source, including entering into all necessary contracts and agreements.
    XI. Administer the retirement benefits for certain legislative and constitutional officers as provided in RSA 14:27-c.
    XII. Ensure that clerical support is provided for the enhanced 911 commission and the bureau of emergency communications established in RSA 106-H.
    XIII. Have the authority to contract with an outside consulting group knowledgeable in the area of employee compensation of state officers, for the purpose of the commissioner's duty under RSA 94:3-b, in an amount not to exceed $20,000 annually. The cost of such contract shall be funded from the salary adjustment fund.

Source. 1983, 416:40. 1985, 188:6; 399:20, 21. 1986, 65:2. 1993, 231:1, 2, eff. June 10, 1993. 2001, 158:103, eff. Dec. 28, 2001.

Section 21-I:13-a Requests for Financial Information.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:13-a

    21-I:13-a Requests for Financial Information. –
    I. Members of the general court, in the performance of their duties as such, shall not be charged for financial information under the control of the commissioner of administrative services, but requests for such information shall be made to the commissioner on forms supplied by him; provided, however, that members shall not have access to information where availability is prohibited by statute such as, but not limited to, RSA 91-A:5. Members of the general court shall have access only to that information available to the legislative budget assistant under RSA 14:31, IV-a.
    II. No information shall be available to the public, the members of the general court or its staff, notwithstanding the provisions of RSA 91-A:4, concerning specific invitations to bid or other proposals for public bids, from the time the invitation or proposal is made public until the bid is actually awarded, in order to protect the integrity of the public bidding process.

Source. 1985, 399:28, eff. July 1, 1985.

Section 21-I:14 Rulemaking Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:14

    21-I:14 Rulemaking Authority. – The commissioner of administrative services shall adopt rules, pursuant to RSA 541-A, relative to:
    I. A comprehensive and uniform system of state financial management as required by RSA 21-I:8, I(a). Rules relating to accounting and financial reporting shall conform with generally accepted accounting principles. Rules adopted by the commissioner under this paragraph shall be contained in a written manual, to be updated and revised as he deems necessary, that clearly explains procedures applicable to all state agencies, officers and employees other than the legislative branch and the state judicial branch. Rules adopted pursuant to this section shall not be filed in final form with the director of legislative services until they shall be approved by the governor, with the consent of the council.
    II. Loss prevention guidelines for the purpose of risk management.
    III. Standards governing state data processing facilities, including the acquisition of data processing equipment.
    IV. [Repealed.]
    V. Standards for the provision of graphic services which will insure efficiency and high quality work.
    VI. Standards governing the purchase and continuing ownership of graphic services equipment by agencies not exempted by RSA 21-I:9, VIII.
    VII. Standards governing the allocation and use of state photocopiers by the agencies not exempted by RSA 21-I:9, VIII.
    VIII. Standards necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
    IX. Standards for the format, content and style of agency annual or biennial reports, after consultation with the administrator of the bureau of graphic services with regard to format. These standards shall require that agency reports provide statistical information on agency activities and operations in addition to narrative discussions; and that agency reports analyze the operational efficiency of state operations and program performance in terms of explicitly stating the statutory functions each agency is to perform and how these statutory functions are being accomplished, in terms of unit-cost measurement, workload efficiency data, and program output standards established by the commissioner.
    X. Qualification, continuing eligibility and disqualification of recipients to receive commodities distributed by the surplus distribution section established by RSA 21-I:12, I, and procedures for determining the same. Such rules shall:
       (a) Comply with requirements, if any, established by the department, division or agency of the United States which is the source of the commodities.
       (b) Be binding on all recipient agencies and shall have the force of law. No recipient agency, nor any officer or employee thereof, shall be liable for damages for any claimed injury arising from a determination made in accordance with said rules.
    XI. Fair and equitable charges to be assessed against recipients receiving any donated surpluses from the surplus distribution section based on recommendations provided according to RSA 21-I:11, VIII.
    XII. Standards and procedures governing the purchase of all materials, supplies and equipment by the division of plant and property management.
    XII-a. Procedures for the waiver of certain provisions of RSA 21-I relative to purchasing under RSA 21-I:18, II.
    XIII. Management of the state employees group insurance program authorized by RSA 21-I:26 through 21-I:36.
    XIV. The administration of retirement benefits for certain legislative and constitutional officers as provided in RSA 14:27-c.
    XV. The general liability insurance provisions of standard state contracts to reflect that a contractor, which qualifies for nonprofit status under section 501(c)(3) of the Internal Revenue Code and whose annual gross amount of contract work with the state does not exceed $500,000, shall provide such insurance in amounts of not less than $1,000,000 per claim or occurrence and $2,000,000 in the aggregate.

Source. 1983, 416:40. 1985, 188:7; 399:22. 1986, 65:3. 1991, 346:18, IV; 355:2. 1994, 183:1, eff. Jan. 1, 1995.

Section 21-I:14-a Recycled Materials.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:14-a

    21-I:14-a Recycled Materials. –
    I. Each state agency, under the direction of the director, division of plant and property management, shall develop a recycling program for post consumer recycled waste materials for which markets have been identified.
    II. Funds received by state agencies for recyclable materials sold under programs established pursuant to RSA 21-I:14-a, I shall be deposited into a recycling fund to be administered by the director, division of plant and property management. The director of the division shall first deduct the reasonable costs associated with the administration of the fund. Other moneys in the fund shall be used to conduct the recycling program at the Tobey School in accordance with the funding requirements for such program as submitted by the Tobey School. Any remaining moneys in the fund may be used to assist in the establishment of recycling programs in state agencies.
    III. (a) Uncoated printing and writing paper purchased by or for state agencies shall contain not less than 30 percent post consumer waste material and coated printing paper purchased by or for state agencies shall contain not less than 10 percent post consumer waste material.
       (b)(1) "Post consumer waste material'' means a substance or a finished product which has served its original or intended use and has been discarded for disposal or recovery, but does not include any substance or by-product generated by the original manufacturing process. "Post consumer waste material'' for paper means de- inked paper and recovered textiles cleaned and bleached for use in the manufacturing of printing and writing papers.
          (2) If compliance with this paragraph cannot be met by following current industry standards for any item or items, the director of plant and property management may exempt specific items of printing and writing papers from the requirements of this paragraph.
    IV. On June 30 of each year each state agency shall submit to the director, division of plant and property management, on a form supplied by the division, certification that the agency is complying with this section.

Source. 1988, 227:19. 1990, 247:1. 1993, 137:1, 2, eff. Jan. 1, 1994. 1996, 57:1, 2, eff. June 23, 1996. 2001, 3:1, eff. May 27, 2001.

Section 21-I:14-b Prohibition on Future Employment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

General Provisions

Section 21-I:14-b

    21-I:14-b Prohibition on Future Employment. –
    I. No commissioner, financial data manager, accounting director, director of plant and property management of the department of administrative services, or director of the office of information technology management shall accept any employment, including work as a consultant or lobbyist, with any vendor of goods or services holding a valid contract with the department, in excess of $10,000 over the previous 2 years, until one year after he shall become separated from the department.
    II. No vendor of goods or services holding a valid contract with the department, in excess of $10,000 over the previous 2 years, shall employ any commissioner, financial data manager, accounting director, director of plant and property management of the department, or director of the office of information technology management until one year after such employee has become separated from the department. Any such vendor who violates the provisions of this paragraph shall be barred from bidding on any future contract with the department for 5 years after such violation.

Source. 1989, 321:2. 1991, 346:8, eff. July 1, 1991.

Section 21-I:15 Sundry Materials and Supplies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:15

    21-I:15 Sundry Materials and Supplies. –
    I. The director of plant and property management may purchase materials and supplies in advance of requisition by state departments and institutions, and such purchases shall be a charge against each departmental or institutional appropriation upon requisition and delivery.
    II. The state treasurer upon presentation by the director of plant and property management of manifests covering said supplies is authorized to pay the same from any money in the treasury not otherwise appropriated.
    III. The director of plant and property management is authorized to assess a fair and equitable charge with respect to such materials and supplies, such charge to be made against the departmental or institutional appropriation upon requisition and delivery. Such charges shall be sufficiently high to defray all administrative, warehousing, processing, distribution and transportation costs incurred by the division of plant and property management plus the cost of supplies necessary to the operation of the division.
    IV. The funds arising from such charges shall be separately accounted for, and are hereby appropriated to and made available for expenditure by the director of plant and property management, subject to the approval of the commissioner of administrative services, for the purposes set forth in paragraph III.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:16 Furniture.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:16

21-I:16 Furniture. – All furniture bought shall be charged to the proper department, and shall not be a charge upon the appropriation for the care, maintenance, and repair of the state buildings.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:17 Additional Purchasing Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:17

    21-I:17 Additional Purchasing Authority. –
    I. The director of plant and property management may purchase supplies for any county, city, town, school district, special district or precinct, or any other governmental subdivision, or any nonprofit agency certified under the provisions of section 501(c) of the federal Internal Revenue Code whenever the governing body thereof so desires and the director deems that he can make such purchases advantageously.
    II. The director of plant and property management may purchase supplies for the New Hampshire College and University Council, a nonprofit New Hampshire corporation, whenever its governing body so desires and the director deems that he can make such purchases advantageously.

Source. 1985, 399:1. 1988, 269:7, eff. June 30, 1988.

Section 21-I:17-a Delegation of Purchasing Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:17-a

    21-I:17-a Delegation of Purchasing Authority. –
    I. The director of plant and property management may, upon written application of the governing board of any agency, authorize such governing board, or one or more individuals designated by such board, to purchase supplies for the agency directly from vendors by the use of field purchase orders; provided, however, that no such field purchase order shall be used where a total expenditure of more than $500 is involved. The form and use of such field purchase orders shall be prescribed by rules adopted by the commissioner of administrative services, pursuant to RSA 541-A. The director may also authorize purchases using the integrated financial system for contracted commodities and services, provided that the total expenditure involved does not exceed $5,000.
    II. Upon the joint recommendation of the commissioner of administrative services and the governing board of any agency, the governor and council, in their discretion, may authorize such governing board, or one or more individuals designated by such governing board to purchase supplies for the agency directly from vendors in such quantities and for such sums as the governor and council shall prescribe; provided, however, that any such authority shall be subject to the limitations of the amounts appropriated and the purposes authorized by the legislature for the agency, and provided further that all such delegations of purchasing authority shall expire on December 31 of the even numbered years. Whenever such purchasing authority is so delegated to any agency, the requirements of RSA 21-I:11, IV and V, and rules adopted pursuant to RSA 21-I:14, X, shall apply to the governing board or its authorized agent exercising such delegated authority.

Source. 1985, 399:31. 1994, 89:1, eff. July 5, 1994.

Section 21-I:17-b Purchase of Electricity by Competitive Bidding.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:17-b

    21-I:17-b Purchase of Electricity by Competitive Bidding. –
    I. When evaluating bids for electric power supply and services, the quality of service, the reliability of service, the coordination of services, and other reasonable factors shall be considered in addition to the price of electricity. The bidding process shall be open to bids which serve less than the entire needs of the state, or which provide electric power supply or services separately, in order to increase the number of potential suppliers.
    II. When submitting electric power supply bids, vendors should include information, to the extent practicable, on the fuel sources and air pollutant emission profiles of significant sources of generation under the proposed bid.

Source. 1996, 79:3.

Section 21-I:18 Exemptions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:18

    21-I:18 Exemptions. –
    I. To the extent indicated in this section, the following agencies and purchases are exempted from the provisions of this chapter. All exempt purchases shall be made in accordance with the existing laws governing such purchases:
       (a) The university system of New Hampshire shall not be required to make any purchases through the director of plant and property management, unless it wishes to do so. If it does, the director shall be required to follow the provisions of this chapter. The university system shall make purchases under competitive bidding requirements except when waived by the chancellor of the university system or his authorized agent upon written justification.
       (b) The purchasing powers now vested in the state liquor commission by RSA 176:11, RSA 176:15, and RSA 177:1 shall remain in effect. All other purchases by or for said commission shall be subject to the provisions of this chapter.
       (c) The legislature, secretary of state, and the state reporter are completely exempted from the provisions of this chapter; except for the provisions of RSA 21-I:14-a.
       (d) This chapter shall not apply to any contracts made or entered into by the director of plant and property management or any agency under the terms of which contractors with the state purchase their own supplies directly.
       (e) The purchase of materials, supplies and merchandise by the department of resources and economic development as provided by RSA 219:21 shall not be subject to the provisions of this chapter, except for the provisions of RSA 21-I:14-a.
       (f) All state agencies are exempted in the matter of the purchase of books and periodicals.
       (g) The purchase of gaming tickets and their dispensing equipment by the sweepstakes commission. The commission shall make such purchases under competitive bidding requirements, except when waived by the commission or its authorized agent with written justification.
       (h) The purchase of client rehabilitative equipment, supplies and services for disabled persons by the bureau of vocational rehabilitation, including adaptive equipment as provided by RSA 200-C:16, shall not be subject to the provisions of this chapter.
       (i) Purchases of services from nonprofit organizations by the department of education, division of educational improvement and the department of health and human services for severely disabled or severely emotionally disturbed children as provided by RSA 186-C:22 shall not be subject to the provisions of this chapter.
       (j) The court systems are completely exempted from the provisions of this chapter.
       (k) The purchases of materials, supplies, and merchandise by the fish and game department as provided by RSA 206:22-b shall not be subject to the provisions of this chapter.
       (l) Purchases of services from private contractors by the department of revenue administration with respect to the administration of low and moderate income homeowners property tax relief claims.
       (m) Purchases of services from private contractors by the department of revenue administration with respect to the establishment of assessing enforcement procedures.
    I-a. The New Hampshire regional community-technical colleges shall not be required to make purchases through the director of plant and property management unless it so chooses. The regional community-technical colleges shall make purchases under competitive bidding requirements except when waived by the commissioner of the regional community-technical colleges, or a designated agent, upon written justification.
    II. Notwithstanding any other provision of law, the commissioner of the department of administrative services, or his designee, may waive the provisions of RSA 21-I, relative to the purchase of materials, supplies, and merchandise, when requested by the executive head of any department or agency or his designee to prevent the loss of any federal or other funds subject to recapture. Such waiver shall be acted upon in a timely manner, and approval shall not be unreasonably withheld.

Source. 1985, 399:1. 1986, 171:4. 1987, 284:3. 1988, 269:8. 1989, 35:2. 1990, 140:2, X; 255:4. 1991, 355:3. 1992, 198:2. 1993, 137:3-5; 322:3. 1994, 246:3; 379:20, 21. 1995, 310:181, eff. Nov. 1, 1995. 1998, 272:1, eff. Jan. 1, 1999. 1999, 338:19, eff. Nov. 3, 1999. 2001, 158:30, eff. July 1, 2001; 158:83, eff. July 1, 2002.

Section 21-I:19 Products and Services of Persons With Disabilities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchase of Supplies

Section 21-I:19

    21-I:19 Products and Services of Persons With Disabilities. – Notwithstanding any other provision of law to the contrary, whenever products or services of persons with disabilities are available, the director of plant and property management may purchase the same at their fair market value in accordance with the following:
    I. The director shall determine the fair market price on all suitable products manufactured by persons with disabilities and services rendered by persons with disabilities and offered for sale to the state or any of its agencies by any charitable nonprofit agency for the disabled, which is incorporated under the laws of this state, and which manufactures merchandise and provides services within the state and which is approved for such purpose by the director of the division of plant and property management. The director shall revise such prices from time to time, in accordance with changing market conditions, and shall adopt such rules regarding specifications, time of delivery and other relevant matters as are necessary to carry out the provisions of this section. At the request of the director of plant and property management, the commissioner of education shall assist the director in distributing requests for goods and services of persons with disabilities among approved agencies for the disabled.
    II. If products or services are available for procurement from any department or agency of the state, and procurement therefrom is required by the provisions of any other section of this chapter or any other law, procurement of such products shall be made in accordance with such other provisions of law.

Source. 1985, 399:1. 1990, 140:3, eff. June 18, 1990.

Section 21-I:19-a Energy Efficient Measures; State Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Facility Energy Cost Reduction

Section 21-I:19-a

    21-I:19-a Energy Efficient Measures; State Policy. –
    I. It shall be the policy of the state of New Hampshire to maximize the use of economical energy efficient measures in the construction, renovation, and maintenance of buildings owned or leased by the state. Further, it shall be the policy of the state to encourage municipalities to incorporate such measures into their buildings to the greatest extent possible.
    II. The department of administrative services shall consider energy efficiency and the life cycle costing of energy cost saving measures a significant criterion in its purchasing and leasing decisions.

Source. 1993, 74:1, eff. April 23, 1993.

Section 21-I:19-b Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Facility Energy Cost Reduction

Section 21-I:19-b

    21-I:19-b Definitions. – In this subdivision:
    I. "Energy cost saving measure'' means any construction, improvement, repair, alteration, or betterment of any building or facility or any equipment, fixture, or furnishing to be added to or used in any building or facility that will be a cost effective energy-related project. This shall include any project that will lower energy or utility costs in connection with the operation or maintenance of such building or facility and will achieve energy cost savings sufficient to recover any project costs or incurred debt service within 10 years from the date of project implementation.
    II. "Energy performance contract'' means an agreement for the provision of energy services or equipment or both. This shall include, but shall not be limited to, energy conservation-enhancing projects in buildings and alternate energy technologies, in which a private sector person or company agrees to finance, design, construct, install, maintain, operate, or manage energy systems or equipment to improve the energy efficiency of, or produce energy in connection with, a state government agency or facility in exchange for a portion of the energy cost savings or specified revenues. The level of payments made would be contingent upon measured energy cost savings or energy production.
    III. "Positive cash flow financing'' means an agreement among an agency, a capital leasing firm, and a provider of design/build energy management services under which the leasing cost of the project, including all interest payments, is equal to or less than the energy cost the project avoids.
    IV. "Shared-savings contract'' means an agreement under which a private sector person or company undertakes to design, implement, install, operate, and maintain improvements to the agency's or municipality's procedures, equipment or facilities, and the agency or municipality agrees to pay a contractually specified amount of measured or estimated energy cost savings.
    V. "Date of project implementation'' means the expected date established in the energy performance contract that the construction, improvement, repair, alteration, or betterment is to be completed and become operational. If the energy performance contract includes more than one energy cost saving measure, the "date of project implementation'' may be alternatively defined by the contracting state agency or municipality to be the date that the last of the energy cost saving measures is expected to become operational.

Source. 1993, 74:1, eff. April 23, 1993. 1999, 225:6, eff. July 1, 1999. 2000, 276:5, eff. June 16, 2000.

Section 21-I:19-c Interagency Energy Efficiency Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Facility Energy Cost Reduction

Section 21-I:19-c

21-I:19-c Interagency Energy Efficiency Committee. – The interagency energy efficiency committee (IEEC) is established to evaluate energy performance contracts, which shall include but not be limited to, shared savings contracts and positive cash flow financing agreements. It shall consist of the director, governor's office of energy and community services; the commissioner, department of administrative services; the commissioner, department of transportation; or their designees; one member from the minority party and one member from the majority party from the science, technology and energy committee, appointed by the speaker of the house. A majority vote of the committee members present and voting shall be required before an agency may proceed to implement such contracts and agreements. The director of the governor's office of energy and community services shall serve as IEEC chairman, and the IEEC's necessary staff and resources shall be drawn from the governor's office of energy and community services.

Source. 1993, 74:1, eff. April 23, 1993.

Section 21-I:19-d Energy Performance Contracting.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Facility Energy Cost Reduction

Section 21-I:19-d

    21-I:19-d Energy Performance Contracting. –
    I. Any state agency or municipality may enter into an energy performance contract for the purpose of undertaking or implementing energy conservation or alternate energy measures in a facility. An energy performance contract may include, but shall not be limited to, options such as joint ventures, shared-savings contracts, positive cash flow financing or energy service contracts, or any combination thereof, provided that at the conclusion of the contract the agency will receive title to the energy system being financed, if the agency so desires. The agency that is responsible for a particular facility shall review and make recommendations regarding energy performance contract arrangements for the facility to the IEEC.
    II. Notwithstanding any law to the contrary relating to the award of public contracts, any agency desiring to enter into an energy performance contract shall do so in accordance with usual contracting procedures and the following provisions:
       (a) The agency shall issue a public request for proposals, advertised in the same manner as other programs, concerning the provision of energy efficiency services or the design, installation, operation, and maintenance of energy equipment, or both. The request for proposals shall contain terms and conditions relating to submission of proposals, evaluation and selection of proposals, financial terms, legal responsibilities, and other matters as may be required by law and as the agency determines appropriate.
       (b) Upon receiving responses to the request for proposals, the agency may select the most qualified proposal or proposals on the basis of the experience and qualifications of the proposals, the technical approach, the financial arrangements, the overall benefits to the agency, and other factors determined by the agency to be relevant and appropriate.
       (c) Upon the approval by the IEEC and governor and council, the agency may enter into an energy performance contract with the person or company whose proposal is selected as the most qualified based on the criteria established by the agency.
       (d) The term of any energy performance contract entered into pursuant to this section shall not exceed 10 years from the date of project implementation.
       (e) Any contract entered into shall contain the following annual allocation dependency clause: "The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the applicable funding authority. If that authority fails to appropriate sufficient funds to provide for the continuation of the contract, the contract shall terminate on the last day of the fiscal year for which allocations were made.''
       (f) Any energy performance contract should require the contractor to include all energy efficiency improvement in selected buildings that are calculated to recover all costs within 10 years from the date of project implementation at existing energy prices. The contract shall require that the public utility or energy services provider be repaid only to the extent of energy cost savings guaranteed by the contractor to accrue over the term of the contract. Repayments to the public utility or energy services provider shall be interest-free.

Source. 1993, 74:1, eff. April 23, 1993. 1999, 225:7, eff. July 1, 1999. 2000, 276:6-7, eff. June 16, 2000.

Section 21-I:19-e Energy Cost Savings Revert to General Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Facility Energy Cost Reduction

Section 21-I:19-e

21-I:19-e Energy Cost Savings Revert to General Fund. – The cost savings remaining after meeting the obligations under an energy performance contract, shared-savings contract, or lease of energy saving equipment or services or any similar program shall revert to the general fund.

Source. 1993, 74:1, eff. April 23, 1993.

Section 21-I:20 State Contracts; Withholding Percentage of Money Due.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Certain State Contracts

Section 21-I:20

    21-I:20 State Contracts; Withholding Percentage of Money Due. – Under any contract made or awarded by a state agency which exceeds a total of $500,000 and on which a state agency withholds a percentage of the money due the contractor until the state agency has accepted the contract, the contractor may withdraw the whole or a portion of the amount retained under the following conditions:
    I. A negotiable certificate of deposit, United States treasury notes, United States treasury certificates of indebtedness, United States treasury bills, or bonds or notes of the state of New Hampshire or of any political subdivision of the state of New Hampshire in an amount equivalent to the amount to be withdrawn shall be first deposited with the treasurer of the state of New Hampshire. The initial amount deposited shall be at least $10,000. No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or the par value of such securities, whichever is lower. The minimum value of any individual security shall be $5,000.
    II. With prior notification to the contracting agency of the state and the state treasurer, the contractor shall be allowed to substitute securities for those deposited under paragraph I; provided that the market value of the new securities at the time of substitution or the par value of such securities, whichever is lower, shall be equal to or exceed the amount withheld by the state agency.
    III. The state treasurer shall collect all interest or income when due on the obligations so deposited and shall pay the same, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the state treasurer shall deliver each coupon as it matures to the contractor. The state treasurer shall have the power to enter into a contract or agreement with any national bank, trust company or safe deposit company located in New England for custodial care and servicing of any securities deposited with him under this section. Such services shall consist of the safekeeping of the securities and of all services required to effect the purposes of this section.
    IV. Any amount deducted by a state agency, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted, first from that portion of the retained payments for which no security has been substituted, then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after such amount has been deducted.
    V. Any assignment of retained payments made by the contractor shall be honored by the state treasurer as part of the procedure to accomplish the substitution of securities under this section, provided that the assignment shall not be made without prior approval by the contracting state agency and the state treasurer. The assignment shall not impair the equitable rights of the contractor's surety in the retained payments, in the securities substituted for retained payments in the event of the contractor's default in the performance of the contract, or in the payment of labor and material bills or other obligations covered by the surety's bond.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:21 Rulemaking of State Treasurer.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Certain State Contracts

Section 21-I:21

21-I:21 Rulemaking of State Treasurer. – The state treasurer may adopt rules, pursuant to RSA 541-A, relative to the substitution of securities for the amount retained on state contracts.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:22 Selection of Engineers, Architects, and Surveyors.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Certain State Contracts

Section 21-I:22

    21-I:22 Selection of Engineers, Architects, and Surveyors. –
    I. As used in this section:
       (a) "Agency'' means any executive department, commission, board, institution, bureau, office, or other agency of state government, by whatever name called, that uses, disburses, expends, or receives any state funds, but excluding the university system of New Hampshire.
       (b) "Engineering, architectural, and surveying services'' includes those professional services of an engineering, architectural or surveying nature, as well as incidental services that members of these professions and those in their employ may logically and justifiably perform.
       (c) "Members of these professions'' means any individual, firm, partnership, corporation, association or other legal entity permitted by law to practice in this state the professions of engineering, architecture, or surveying.
    II. The general court hereby declares that it shall be the policy of the state and its agencies to negotiate contracts for engineering, architectural, and surveying services on the basis of demonstrated competence and qualifications for the type of professional services required, and at fair and reasonable prices.
    III. All state agencies, when seeking professional services, shall publish a request for proposals or, when a definite scope of work is not yet defined, a request for qualifications for each project for which engineering, architectural, or surveying services are to be procured.
    IV. Each agency engaging these professional services shall prepare a description of its procedures for procurement of architectural, engineering or surveying services. These descriptions shall be distributed to interested professionals subject to the provisions of this section. The agency, for each proposed project, shall publish a request for qualifications (RFQ) or request for proposals (RFP) and shall review and consider the qualifications after receiving qualifications or proposals. The agency shall then establish a short list of not less than 3 firms. The agency shall, for purposes of negotiation, arrange the firms deemed to be best qualified in order of preference as determined in accordance with the prescribed procedures of the agency. An interview may be held with the short list firms or, in the case of selection based on an RFQ and where the scope of work has been further defined, detailed technical proposals may be requested.
    V. The agency shall negotiate a contract with the highest qualified firm for architectural, engineering, or surveying services at compensation which the agency determines is fair and reasonable to the state. In making such determination, the agency shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered.
    VI. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the state, negotiations with that firm should be formally terminated. The agency should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency should terminate negotiations. The agency should then undertake negotiations with the third most qualified firm.
    VII. Should the agency be unable to negotiate a satisfactory contract with any of the selected firms, the agency shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
    VIII. Once negotiations have been completed and the agency has had its contract approved by the governor and council, all proposals submitted for a project shall become available for public review.

Source. 1985, 399:1. 1992, 127:1, eff. June 30, 1992.

Section 21-I:22-a Request for Purchases and Request for Quotes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchases and Quotes

Section 21-I:22-a

21-I:22-a Request for Purchases and Request for Quotes. – Notwithstanding the provisions of RSA 21-I:18, every request for purchases (RFP), request for quotes (RFQ) or other procurement which is greater than $35,000 that is undertaken by the state or by a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, shall contain within the body of the document the objective criteria by which each submission will be reviewed, if there are particular requirements that will receive more weight in the review of the submission, and the standards upon which any award will be based.

Source. 1995, 266:1, eff. Aug. 18, 1995.

Section 21-I:22-b Awards.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Purchases and Quotes

Section 21-I:22-b

21-I:22-b Awards. – Notwithstanding the provisions of RSA 21-I:18, awards which are made by the state or by a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, under this subdivision shall not be made on criteria that are unknown to the parties submitting bids or proposals. Nothing in this subdivision shall prevent the state or a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, from making judgments on the capabilities of vendors to complete the work requested if this option is clearly stated in the body of the document and if used as the reason for the award, is so stated.

Source. 1995, 266:1, eff. Aug. 18, 1995.

Section 21-I:22-c State Contracts for Consultants and Consulting Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Contracts for Consultants

Section 21-I:22-c

21-I:22-c State Contracts for Consultants and Consulting Services. – Notwithstanding the provisions of RSA 21-I:18, every request for consulting services by the state or by a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, which would cost more than $35,000 shall contain the particular requirements of the project contemplated in a statement of work to be accomplished. Each statement of work to be accomplished shall be written using objective project standards and shall not contain criteria that are consultant specific. Every request for consulting services which would cost more than $35,000 shall be written to encourage participation by various suppliers. If there are particular requirements that will receive more weight in the review of the submission, these must be so stated.

Source. 1996, 118:1, eff. July 14, 1996.

Section 21-I:22-d Awards.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Contracts for Consultants

Section 21-I:22-d

21-I:22-d Awards. – Notwithstanding the provisions of RSA 21-I:18, awards which are made by any branch of state government or by a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, under this subdivision shall be based on criteria that are published in the request for proposal and are known to all the parties responding. Nothing in this subdivision shall prevent the state or a state agency as defined in RSA 21-I:11, I(b), including those agencies referenced in RSA 21-I:18, from making judgments on the capabilities of consultants to complete the work requested if this option is clearly stated in the body of the document and, if used as the reason for the award, is so stated.

Source. 1996, 118:1, eff. July 14, 1996.

Section 21-I:23 Workers' Compensation Commission for State Employees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Workers' Compensation Commission for State Employees

Section 21-I:23

21-I:23 Workers' Compensation Commission for State Employees. – [Repealed 1995, 297:2, II, eff. Aug. 20, 1995.] Section 21-I:24 Authority for Payment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Workers' Compensation Commission for State Employees

Section 21-I:24

    21-I:24 Authority for Payment. –
    I. The commissioner of administrative services is hereby authorized to pay such sum or sums as may be awarded to state employees under the provisions of RSA 281-A, and the expense of managed care programs authorized by RSA 281-A:23-a and similar services directly related to the provision and monitoring of workers' compensation benefits payable to state employees.
    II. If the injured claimant was employed in a department or agency which has received a legislative appropriation for this purpose, the commissioner of administrative services shall charge said sum or sums to the legislative appropriation. In the event there are not sufficient funds appropriated to the commissioner of administrative services to make payments hereunder, the governor upon request of the commissioner of administrative services is authorized to draw his warrant for such sums from any money in the treasury not otherwise appropriated; provided that payments made to employees paid from the highway fund shall be a charge upon said highway fund, that payments made to employees paid from the fish and game fund shall be a charge upon said fish and game fund, that payments made to employees paid from special funds shall be a charge upon said special funds, and that payments made to employees paid from other funds shall be a charge upon the general fund.
    III. If federal regulations prohibit the direct assessment of payments made pursuant to RSA 21-I:24, I from otherwise applicable federal funds, said payments shall be a charge against the general fund in the first instance, but the commissioner of administrative services shall seek recovery of these payments in such amount and under such conditions as the federal regulations applicable to each affected agency may prescribe.
    IV. If managed care program expenses, or other expenses directly related to the provision and monitoring of workers' compensation benefits payable to state employees, are procured by the payment of a group insurance premium or other risk shifting method, the commissioner of administrative services shall charge state agencies the cost of such general expenses in proportion to the number of agency employees who receive the services in question in the manner provided by RSA 21-I:24, II.

Source. 1985, 399:1. 1994, 158:18, eff. May 23, 1994.

Section 21-I:25 Exception.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Workers' Compensation Commission for State Employees

Section 21-I:25

21-I:25 Exception. – [Repealed 1994, 158:24, I, eff. May 23, 1994.] Section 21-I:25-a Procurement of Managed Care and Other Risk-Shifting Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Workers' Compensation Commission for State Employees

Section 21-I:25-a

21-I:25-a Procurement of Managed Care and Other Risk-Shifting Services. – By following the procedures of RSA 21-I:28, the commissioner of administrative services, after consultation with the governor and council, may contract for or purchase managed care program services and similar services directly related to the provision and monitoring of workers' compensation benefits payable to state employees. Such services may be combined with one or more group health insurance contracts authorized by RSA 21-I:28.

Source. 1994, 158:19. 1995, 297:1, eff. Aug. 20, 1995.

Section 21-I:26 Purpose and Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:26

21-I:26 Purpose and Policy. – This subdivision is to provide permanent group life insurance and group hospitalization, hospital medical care, surgical care and other medical and surgical benefits for New Hampshire state employees and their families, and retired state employees and their spouses. In view of the accepted value of group insurance to the well-being and efficiency of employees on the part of small and large private employers and the other 5 New England states in obtaining benefits of this type of insurance for their employees, the state of New Hampshire implements this subdivision in order that the state shall compare favorably to the standards now commonly accepted by private employers and the state employees in the other 5 New England states by making available to state employees and their families and retired state employees and their spouses permanent group life insurance and group hospitalization, hospital medical care, surgical care and other medical and surgical insurance benefits.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:27 Administration.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:27

21-I:27 Administration. – Administration of the state employees permanent group life and group hospitalization, hospital medical care, surgical care and other medical and surgical insurance benefits shall be the responsibility of the commissioner of administrative services.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:28 Contract.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:28

21-I:28 Contract. – The commissioner of administrative services shall be authorized to enter into permanent group life insurance contracts with an insurance company or companies, or other group licensed to do business in the state of New Hampshire. The commissioner of administrative services shall be authorized to enter into group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits contracts with an insurance company or companies, third party administrators, or any organization necessary to administer and provide a health plan under the provisions of this subdivision. The commissioner of administrative services, in consultation with the fiscal committee of the general court, shall from time to time assess the medical insurance coverage given by its present insurer and by others in order to determine which of various contracts would best serve the interests of the state employees.

Source. 1985, 399:1, eff. July 1, 1985. 2001, 251:1, eff. Sept. 11, 2001.

Section 21-I:29 Permanent Group Life Insurance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:29

21-I:29 Permanent Group Life Insurance. – The state shall provide a permanent life insurance, accidental death and dismemberment group plan for all permanent state employees. The permanent group life insurance program shall provide for a $1,000 face value death benefit with a paid up value upon retirement or leaving state service. The state shall pay the term portion of the life insurance premium and the state employees shall pay for the permanent portion of the life insurance premium on payroll deduction.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:30 Medical and Surgical Benefits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:30

    21-I:30 Medical and Surgical Benefits. –
    I. The state shall pay a premium for each state employee and permanent temporary or permanent seasonal employee as defined in RSA 98-A:3 including spouse and minor, fully dependent children, if any, and each retired employee, as defined in paragraph II of this section, and his or her spouse, or retired employee's beneficiary, only if an option was taken at the time of retirement and the employee is not now living, toward group hospitalization, hospital medical care, surgical care and other medical benefits plan or a self-funded alternative within the limits of the funds appropriated at each legislative session and providing any change in plan or vendor is approved by the fiscal committee of the general court prior to its adoption. Funds appropriated for this purpose shall not be transferred or used for any other purpose.
    II. For the purposes of this section, "retired employee'' means each group II state employee who retires. "Retired employee'' also means each group I state employee who:
       (a) Has at least 10 years of creditable service for the state and who also is at least 60 years of age at the time of retirement; or
       (b) Has at least 30 years of creditable service for the state at the time of retirement, regardless of the employee''s age; or
       (c) Is but for the provisions of 1989, 376:10, otherwise eligible to receive medical and surgical benefits under this section notwithstanding subparagraphs (a) and (b), and paragraph IV, on June 30, 1989, and who retires between July 1, 1989, and June 30, 1994; or
       (d) Dies or retires and is eligible for accidental death or accidental disability retirement benefits, regardless of the state employee's age or number of years of creditable service; or
       (e) Retires and is eligible for ordinary disability retirement benefits, regardless of the state employee's age; or
       (f) Dies and is eligible for ordinary death retirement benefits, if the state employee was eligible for service retirement at the time of his death, if the state employee had at least 10 years of creditable service for the state.
    III. Any vested deferred state retiree may receive medical and surgical benefits under this section if the vested deferred state retiree is eligible. To be eligible, a vested deferred state retiree shall have at least 10 years of creditable service with the state. In addition, if the vested deferred state retiree is a member of group I, such retiree shall be at least 60 years of age to be eligible. If the vested deferred state retiree is a member of group II, such retiree shall not be eligible until 20 years from the date of becoming a member of group II and shall be at least 45 years of age.
    IV. Each state employee who has at least 10 years of creditable service for the state and who elects to take a reduced service retirement allowance shall be defined as a "retired employee'' for the purposes of being eligible to receive medical and surgical benefits under this section when the state employee reaches age 60.
    V. No state employee who terminates his state service before he becomes eligible for retirement benefits as a "retired employee'' as defined under paragraphs II-IV shall be eligible for medical and surgical benefits under this section.

Source. 1985, 399:1. 1990, 209:1. 1991, 355:4. 1993, 276:1, 2, eff. July 1, 1993; 358:86, eff. at 12:01 a.m., July 1, 1993. 2001, 251:2, eff. Sept. 11, 2001.

Section 21-I:30-a Additional Medical and Surgical Benefits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:30-a

    21-I:30-a Additional Medical and Surgical Benefits. –
    I. The state shall pay a premium for permanent group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits for the surviving spouse and dependent children of a deceased group I or group II state employee or retirement system member who dies as the natural and proximate result of injuries suffered while in the performance of duty, provided that:
       (a) Any such child shall qualify as a dependent under the provisions of RSA 21-I:26-36 and be under 18 years of age, or if a full-time student, be under 23 years of age.
       (b) Any such surviving spouse shall cease to be qualified for medical and surgical benefits under this section upon the remarriage of the surviving spouse.
       (c) No surviving spouse or dependent children shall be qualified or continue to be qualified for medical and surgical benefits under this section while receiving medical insurance or health care benefits from any other employer-sponsored plan.
       (d) The state shall pay the premium for supplemental medical and surgical benefits under this section for any such child who qualifies as a dependent under the provisions of RSA 21-I:26-36 and who is eligible for medicare benefits.
    II. In the case of the surviving spouse and dependent children of a group I or group II state employee or retirement system member who are eligible for medical and surgical benefits under this section and also under the provisions of RSA 100-A:50-55, the state shall pay the difference between the amount paid under RSA 100-A:52 and the premium paid under paragraph I.
    III. The additional benefits provided under this section shall be available to the surviving spouse and dependent children of a full-time employee of the state, an agency of the state, or any political subdivision of the state adopting the provisions of RSA 100-A, including full-time elected or appointed officers.
    IV. The additional benefits provided under this section shall not be available to any employee, teacher, police officer, or firefighter of a political subdivision of the state if the political subdivision belongs to an organization or association that offers, through the organization or association or its affiliate, insurance coverage with the exception of insurance coverage required to be offered by the Consolidated Omnibus Budget Reconciliation Act (COBRA).
    V. Funding to pay the premium for benefits under this section shall come from the benefit adjustment account.

Source. 1995, 279:2, eff. July 1, 1995. 1998, 233:1, eff. Aug. 23, 1998.

Section 21-I:30-b Restrictions on Self-Insured Plans.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:30-b

    21-I:30-b Restrictions on Self-Insured Plans. – The following restrictions apply to self-insured group health plans administered under this subdivision:
    I. To the extent that the state assumes the risk with respect to the medical and surgical benefits provided under RSA 21-I:30, the state shall maintain a reserve at least equal to the sum of:
       (a) An amount estimated to be necessary to pay claims and administrative costs for the assumed risk for 3 months; and
       (b) The amount determined annually by a qualified actuary to be necessary to fund the unpaid portion of ultimate expected losses, including incurred but not reported claims, and related expenses incurred in the provision of benefits for eligible participants, less any credit, as determined by a qualified actuary, for excess or stop-loss insurance. The reserve amount shall be maintained in the fund established under RSA 21-I:30-c. If the state self-insures for more than one employee group plan, a reserve meeting the requirements of this paragraph must be maintained for each plan.
    II. The state may purchase excess or stop-loss insurance for any plan, with attachment levels and limits as recommended by a qualified actuary.
    III. For the purposes of this section, "qualified actuary'' shall mean an actuary who is a member of the American Academy of Actuaries qualified as to health reserving methodologies.

Source. 2001, 251:3, eff. Sept. 11, 2001.

Section 21-I:30-c Reserve Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:30-c

21-I:30-c Reserve Fund. – In the event that the medical and surgical benefits under RSA 21-I:30 are provided using a self-funded alternative, a reserve fund shall be established to protect the state from unexpected losses and self-insured losses and related expenses incurred in the provision of such a plan. Such reserve fund shall be administered by the commissioner of administrative services and shall be nonlapsing.

Source. 2001, 251:3, eff. Sept. 11, 2001.

Section 21-I:31 Dividends.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:31

21-I:31 Dividends. – Any dividends which may be received from this life insurance program and the group hospitalization, hospital medical care, surgical care and other medical and surgical benefits shall be paid to the state to be used to extend greater coverage by increasing the face value of the life insurance program.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:32 Eligibility.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:32

21-I:32 Eligibility. – Only full time state employees shall be authorized to participate, on a voluntary basis, in the permanent group life insurance program. All full time state employees and retired state employees shall be authorized to participate, on a voluntary basis, in the group hospitalization, hospital medical care, surgical care and other medical and surgical benefits program.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:33 Leave of Absence.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:33

21-I:33 Leave of Absence. – Employees who are participating in the permanent group life insurance program, and who go on an approved leave of absence, may have their permanent group life insurance program continued by the payment to the state of the term portion of the life insurance premium during such leave of absence up to a maximum period of one year.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:34 Age Limit.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:34

21-I:34 Age Limit. – There shall be no age limit to participate in either the permanent group life insurance or in the group hospitalization, hospital medical care, surgical care, and other medical and surgical benefits program.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:35 Examinations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:35

21-I:35 Examinations. – There shall be no physical examination or health statement required for coverage under either the permanent group life insurance or group hospitalization, hospital medical care, surgical care and other medical and surgical benefit programs; provided, however, that, if a state employee otherwise eligible fails to apply for any such insurance coverage within the time required by the insurance contract, the insurer may require that the employee submit satisfactory evidence of insurability as a condition for becoming insured.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:36 Hearings.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:36

21-I:36 Hearings. – The commissioner of administrative services shall have the power to hold hearings and make inquiries as he deems necessary to carry out his functions and exercise his powers under the provisions of this chapter. For the purpose of such hearings and inquiries, the commissioner of administrative services shall have the power to administer oaths and affirmations, to examine witnesses and documents, to take testimony and receive evidence, and to compel the attendance of witnesses and the production of documents by the issuance of subpoenas.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:36-a Health Insurance Group Coverage Survey Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

State Employees Group Insurance

Section 21-I:36-a

21-I:36-a Health Insurance Group Coverage Survey Required. – [Repealed 1996, 18:1, eff. June 14, 1996.] Section 21-I:37 Federal Exceptions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Data Processing

Section 21-I:37

21-I:37 Federal Exceptions. – If any department or agency of the state is advised by the federal government that its data processing equipment or its forms, methods or techniques in utilizing said equipment do not comply with any federal rule, regulation or law, then the governor and council may authorize the department or agency to alter its data processing equipment or its forms, methods or techniques to comply with any such rule, regulation or law. Automated data processing facilities and equipment of any department or agency of the state paid for completely by federal funds shall be utilized to the fullest extent permitted by federal rule, regulation or law for the general benefit of the state for applications not in conflict with other provisions of this chapter; and all data in said equipment which by federal rule, regulation or law must not be kept confidential shall be made available by any such department or agency to all state agencies including the department of administrative services to the maximum extent permitted by federal rule, regulation or law in a form approved by the department of administrative services; except that in the case of the department of employment security, such form shall be approved jointly by the department of administrative services and the department of employment security. Any dispute arising between any such department or agency and any other state agency as to the utilization requested by the department of administrative services of said facilities, equipment and data shall be resolved by the governor.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:38 Work Order Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Data Processing

Section 21-I:38

    21-I:38 Work Order Required. –
    I. Notwithstanding any other provision of law to the contrary, any provider department, excluding the legislative branch, prior to performing systems development or computer operation services for any user agency, shall obtain a written work order which:
       (a) Defines the services being requested by the user agency and the product to be delivered by the provider department.
       (b) Describes the effort which the provider department must expend in order to accomplish the services requested and, if 5 man-days or more are required to complete the work, includes a cost estimate.
       (c) Is agreed to by both the provider department and the user agency, as evidenced by the signatures of representatives of both parties on the work order.
    II. Any change or modification to the services requested by the user agency shall likewise be agreed to in writing by a supplement to the pertinent work order approved by both parties.
    III. The work order form shall be furnished to the user agency by the provider department.
    IV. As used in this section, "user agency'' means any department, board, commission, institution or other agency or office of the state utilizing data processing services provided by any other department, excluding the legislative branch.

Source. 1985, 399:1. 1991, 346:9, eff. July 1, 1991.

Section 21-I:39 Municipal Data Processing Contracts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Data Processing

Section 21-I:39

21-I:39 Municipal Data Processing Contracts. – [Repealed 1991, 346:18, V, eff. July 1, 1991.] Section 21-I:40 Payment to Department of Administrative Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Data Processing

Section 21-I:40

21-I:40 Payment to Department of Administrative Services. – [Repealed 1991, 346:18, VI, eff. July 1, 1991.] Section 21-I:41 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Penalties

Section 21-I:41

21-I:41 Penalty. – If any person shall injure, deface, or misuse any of the property listed in RSA 21-I:11, X, or shall violate any rules relating thereto, he shall be guilty of a violation.

Source. 1985, 399:1, eff. July 1, 1985.

Section 21-I:42 Division of Personnel.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel

Section 21-I:42

    21-I:42 Division of Personnel. – There is hereby established within the department of administrative services the division of personnel, under the supervision of an unclassified director of personnel appointed under RSA 21-I:2, who shall be responsible for the following functions in accordance with applicable laws:
    I. Managing a centralized personnel operation which shall provide for the recruitment, appointment, compensation, promotion, transfer, layoff, removal and discipline of state employees.
    II. Preparing, maintaining and periodically revising a position classification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same classification. Any new position classification plan shall be based upon the recommendations of the personnel system task force and shall not be considered a rule subject to RSA 541-A. The plan shall be prepared with due consideration for:
       (a) The availability of personnel capable of filling the requirements of any position; and
       (b) Any requirement for an employee to live on the premises of the place of employment as a condition of employment.
    III. Allocating the position of every employee in the classified service to one of the classifications in the classification plan.
    IV. Conducting periodic investigations of the administration of personnel in the state service. These reviews shall be conducted with the approval of the commissioner of administrative services and with the cooperation of the head of the department in question. These investigations shall include analysis of:
       (a) Turnover rates within agencies and among specific groups or classes of employees.
       (b) Supervisory ratios within agencies.
       (c) The use of sick and annual leave by state employees.
       (d) Agency implementation of the performance evaluation system required by paragraph XIII of this section.
       (e) Agency practices regarding discipline of state employees.
       (f) Other agency policies and procedures relative to the management of classified personnel.
    V. Reviewing and making recommendations to the commissioner of administrative services regarding the operation of and proposed changes in the compensation plan provided for in RSA 99.
    VI. Developing a program for the recruitment, selection, and placement of qualified applicants in the state service.
    VII. Preparing an annual report detailing the work of the division. This report, which shall include a narrative summary of the findings of division investigations conducted under RSA 21-I:42, IV, shall be submitted to the governor and council and the commissioner of administrative services.
    VIII. Overseeing administration of all employee benefit programs other than those related to the New Hampshire retirement system.
    IX. Providing all necessary and reasonable clerical support requested by the personnel appeals board established by RSA 21-I:45. At a minimum the director shall:
       (a) Provide all necessary clerical and support personnel and services in order to:
          (1) Prepare notices and other documents required under RSA 541-A as directed by the appeals board and distribute such notices and documents upon the approval of the appeals board;
          (2) Schedule the conduct of all appeals board proceedings, with the approval of the appeals board, so as to insure timely and efficient conduct of such proceedings; and
          (3) Prepare and maintain the record, required by RSA 541-A, of all adjudicative proceedings conducted by the appeals board.
       (b) Provide comfortable and adequate space for the use of the appeals board in performing its official duties.
       (c) Prepare, maintain as a public record, and continuously update a document which shall summarize the findings and decisions of the appeals board.
    X. Advising the commissioner, and, upon request, the governor and the executive council regarding personnel administration.
    XI. Administering those provisions of RSA Title VI affecting classified state employees which require administrative action by a central personnel organization.
    XII. Providing technical assistance to the administrators of state departments on matters related to personnel administration and the adoption and use of modern and effective personnel management techniques throughout state government. This shall include training of and assistance to agency managers in:
       (a) Recruitment and selection of personnel.
       (b) The development and implementation of training programs.
       (c) The development of nonmonetary incentive or award systems.
       (d) Evaluation of employee performance.
       (e) Supervision and discipline of employees.
    XIII. Developing and implementing, in accordance with the recommendations of the personnel system task force, a performance evaluation system for all classified employees. The evaluation system shall include the following elements:
       (a) All full-time classified employees shall be evaluated on a regular basis.
       (b) Evaluations shall be in writing and shall be conducted at least annually.
       (c) Evaluations shall be conducted by an employee's immediate supervisor.
       (d) Evaluations shall be based upon specific written performance expectations or criteria developed for the position in question and employees shall be made aware of these performance expectations in advance of any evaluation.
       (e) The evaluation format shall include a narrative summary on the employee's performance.
       (f) Employees shall be permitted to participate in the evaluation process, shall be given a copy of their evaluation, and shall have an opportunity to comment, in writing, on their evaluation, and such comments will be included in the employee's permanent record.
       (g) Employees shall have a right to nonconcur, in writing, with their evaluation.
       (h) Employees shall certify, in writing, that they have reviewed their evaluation.
       (i) Evaluation reports shall be reviewed by the supervisor of the official completing the evaluation who shall concur or nonconcur in writing with each evaluation report.
The division may authorize agencies to develop supplemental evaluation systems for specific groups of employees.
    XIV. Developing and implementing a training information management system to collect and record data on agency training efforts. All state agencies shall notify the division of personnel of planned training programs for classified employees. The division shall make this information available to all state agencies on a regular basis to encourage efficient use of training programs.
    XV. Publishing and distributing to all state agencies a comprehensive technical assistance manual containing information describing the responsibilities of the division of personnel and state agencies in all personnel transactions. This document shall be revised, and updates sent to all state agencies, on a regular basis. This document shall not be considered a rule subject to the provisions of RSA 541-A.
    XVI. Developing and implementing an equal employment opportunity program that will ensure the employment of all qualified people regardless of age, sex, race, color, sexual orientation, ethnic background, marital status, or physical or mental disability. This program shall include a review and revision of the job classification process and testing process to ensure that they are free from either conscious or inadvertent bias.
    XVII. Provide training for and publish and distribute training and education materials to state and municipal employees.
       (a) A nonlapsing revolving fund, which shall not exceed $20,000 on June 30 of each year, shall be established in the division of personnel, department of administrative services. Any amounts in excess of $20,000 on June 30 of each year shall be deposited in the general fund as unrestricted revenue. The moneys in this fund shall be used for the purpose of:
          (1) Providing training to state and municipal employees. A reasonable charge shall be established for such training. This charge shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, advertising, and other associated costs. Such training shall be conducted in geographically dispersed locations.
          (2) Printing training materials for distribution. A reasonable charge shall be established for each copy of a training document. This charge shall be only in the amount necessary to pay the cost of producing such document. The division of personnel shall first make a request to state-owned printing facilities to perform the printing functions required under this subdivision. If state-owned printing facilities are unable to perform this request, the division of personnel may then seek privately owned printing facilities to fulfill this request.
          (3) Implementing a certified public manager program. The department of administrative services, division of personnel, shall implement a certified public manager program that adopts the "use of modern and effective personnel management techniques throughout state government' as required by RSA 21-I:42, XII. The registration fee for such course shall be fixed to reflect the cost of payments to experts to provide the training, the cost of written training materials, rental facilities, training for state instructors, advertising, and other associated costs.
       (b) No appropriation or other capitalization of the revolving fund shall be required. The division of personnel, department of administrative services, is authorized to expend budgeted funds for the purpose of initial printing of publications or the provision of training programs, with the moneys assessed for such publications or the provision of training to be deposited in the revolving fund.

Source. 1986, 12:1. 1990, 140:2, XI. 1993, 227:2, eff. July 1, 1993. 1997, 108:3, eff. Jan. 1, 1998.

Section 21-I:43 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel

Section 21-I:43

    21-I:43 Rulemaking. –
    I. The provisions of RSA 21-G:9, II(b) shall not apply to the rules adopted pursuant to this section. It is the intent of the general court that the director of personnel shall have the sole authority to adopt and interpret, subject to the appeals process established under this chapter, the rules provided for in this section. The commissioner shall review all proposed rules of the director and may comment on them in writing.
    II. The director of personnel shall adopt rules, pursuant to RSA 541-A, which shall apply to employees in the classified service of the state, relative to:
       (a) Classification, except for the classification plan.
       (b) Compensation and rates for employee maintenance reimbursement.
       (c) Recruitment.
       (d) Examination.
       (e) Selection.
       (f) Appointment.
       (g) Promotion.
       (h) Demotion.
       (i) Transfer.
       (j) Discipline.
       (k) Removal.
       (l) Layoff.
       (m) Attendance and leave.
       (n) Holidays.
       (o) Training.
       (p) Merit rating.
       (q) The information which shall be required to be listed on the employee roster.
       (r) Availability of division records for public inspection, including identification of those records or portions of records for which exemption under RSA 91-A:5 is claimed.
       (s) Evaluation.
       (t) Designation of the employee's work place.
       (u) What constitutes a completed request for reclassification.
    III. The director shall consult with a designee of each labor organization certified to represent classified state employees regarding all proposals to adopt, amend, or repeal rules prior to filing a notice of proposed rule under RSA 541-A:6.

Source. 1986, 12:1. 1994, 412:5, eff. Aug. 9, 1994.

Section 21-I:43-a Compensation for State Employees Injured in Line of Duty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel

Section 21-I:43-a

21-I:43-a Compensation for State Employees Injured in Line of Duty. – Any injury received by any state employee who is injured in the line of duty by a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature that requires the employee to be hospitalized or renders the employee temporarily unable to perform the duties of his or her position shall not be charged against annual leave or sick leave for the time lost due to the injury. During such time, the employee shall remain on the active payroll. The executive head of the employee's agency shall make the determination as to whether an injury is in the line of duty and due to a hostile or overt act, or an act caused by another during the performance of duties which are considered dangerous in nature, and, after approval by the governor and council, the determination shall be final. The compensation provided for in this section shall be in addition to any other compensation or remedy available to the employee.

Source. 2001, 291:1, eff. July 1, 2001.

Section 21-I:44 Internal Organization.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel

Section 21-I:44

    21-I:44 Internal Organization. –
    I. Except as set forth in paragraph II, the director of the division of personnel shall be responsible for establishing the internal organizational units of the division. The director shall adhere to the provisions of RSA 21-G:6 in structuring the internal units of the division.
    II. There is established within the division a bureau of employee relations, under the direction of an unclassified manager of employee relations who shall serve a 4-year term and who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Administering employee benefit programs.
       (b) Conducting ongoing studies of alternative financing methods and benefit offerings.
       (c) Administering the state employee group insurance program.
       (d) Administering all collective bargaining agreements with classified employees.
       (e) Providing professional support and assistance to the governor in the conduct of negotiations with representatives of classified employees.
       (f) Representing the state, in cooperation with the attorney general, in all grievance actions related to collective bargaining agreements before the public employee labor relations board.
    III. In order to provide for the development and implementation of programs for the training and education of state employees, there shall be an unclassified education and training officer within the division of personnel. The education and training officer shall develop and coordinate the implementation of a training program plan for executive departments. Any training program conducted under this plan in any department shall not be limited to employees of that department. In addition, the education and training officer shall perform such duties as are assigned by the director.
    IV. The director of personnel shall nominate the manager of employee relations and the education and training officer who shall be appointed by the governor, with the consent of the council. The manager of employee relations and the education and training officer shall be qualified by reason of education and experience and shall each serve a 4-year term. The salary of the manager of employee relations and the education and training officer shall be as specified in RSA 94:1-a.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:44-a Dependent Care Assistance Program Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Flexible Spending Programs

Section 21-I:44-a

21-I:44-a Dependent Care Assistance Program Established. – There is established a dependent care assistance program to be administered by the division of personnel, department of administrative services. Under this program, an employee may have a certain amount of his salary withheld, before taxes, for the purpose of day care expenses.

Source. 1990, 3:32, eff. Feb. 20, 1990.

Section 21-I:44-b Medical and Related Expenses Program Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Flexible Spending Programs

Section 21-I:44-b

21-I:44-b Medical and Related Expenses Program Established. – There is established a medical related expenses program to be administered by the division of personnel, department of administrative services. Under this program, an employee may have a certain amount of his salary withheld, before taxes, for the purpose of medical expenses.

Source. 1990, 3:32, eff. Feb. 20, 1990.

Section 21-I:44-c Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Flexible Spending Programs

Section 21-I:44-c

21-I:44-c Rulemaking. – The director, division of personnel, shall adopt rules, pursuant to RSA 541-A, relative to the implementation of the programs established in RSA 21-I:44-a and 44-b.

Source. 1990, 3:32, eff. Feb. 20, 1990.

Section 21-I:44-d Administrative Costs of Programs; Obligation of Employee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Flexible Spending Programs

Section 21-I:44-d

21-I:44-d Administrative Costs of Programs; Obligation of Employee. – The director, division of personnel may use moneys in the employee benefit adjustment account, established under RSA 9:17-c, for the purposes of paying the administrative fees for the programs established under RSA 21-I:44-a and 21-I:44-b. The director may also use such moneys in the event money must be paid to the contracting party in advance to cover the employee's medical expenses, when the employee has not contributed all of such costs from his payroll deductions, provided that the employee benefit adjustment account shall be repaid when the employee fulfills his obligation.

Source. 1991, 326:1, eff. Aug. 27, 1991.

Section 21-I:44-e Equipment Depository.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Equipment Depository

Section 21-I:44-e

[RSA 21-I:44-e repealed by 2001, 212:3, I, effective June 30, 2006.] 21-I:44-e Equipment Depository. –
There is hereby established an equipment depository within the division of personnel. Moneys contained in the disabled persons' employment fund, established by RSA 21-I:44-f, shall be used to purchase adaptive equipment and accommodations to enable disabled persons to become gainfully employed by the state. The division shall determine the equipment or services, or both to be purchased. The purchases shall be limited to equipment and services which provide reasonable, and not extraordinary, accommodations to the needs of employees with disabilities, such as telephone adapters, adjustable desks, and other like equipment, or such other accommodations which permit employees with disabilities to perform their job tasks efficiently and effectively. The division shall have authority to reissue equipment returned to the depository and to dispose of any equipment that is no longer useful and to deposit any sale proceeds in the fund established by RSA 21-I:44-f.

Source. 2001, 212:1, eff. July 1, 2001.

Section 21-I:44-f Disabled Persons' Employment Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Equipment Depository

Section 21-I:44-f

[RSA 21-I:44-f repealed by 2001, 212:3, II, effective June 30, 2006.] 21-I:44-f Disabled Persons' Employment Fund. –
There is hereby established a nonlapsing fund to be known as the disabled persons' employment fund to be used solely for the purposes of RSA 21-I:44-e and which shall be continually appropriated to the division of personnel for that purpose. The division, with the approval of governor and council, may accept private donations for deposit in the fund established by this section.

Source. 2001, 212:1, eff. July 1, 2001.

Section 21-I:45 Composition of Board; Compensation; Removal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel Appeals Board

Section 21-I:45

    21-I:45 Composition of Board; Compensation; Removal. – There is hereby established a personnel appeals board as follows:
    I. The board shall consist of 3 members, not more than 2 of whom shall be from the same political party. There shall also be 2 alternate members of the board, not more than one of whom shall be a member of the same political party. At least 2 members of the board shall have been gainfully employed as a labor relations or personnel professional for a minimum of 5 years. One member shall have been employed within the public personnel field of employment for a minimum of 3 years. Each member and alternate shall be appointed by the governor with the consent of the council for a term of 3 years, and a person appointed to fill a vacancy shall be appointed for the unexpired term. Each member of the board and alternate shall hold office until his successor is appointed and qualified. The governor shall designate one member as chairman of the board. The board shall elect one member to serve as vice chairman. Either the chairman or vice chairman shall be a member of the New Hampshire bar. No member of the board shall be a member of any state or national committee of a political party, nor an officer or member of a committee in any partisan political club or organization, nor shall hold, or be a candidate for, any remunerative elective public office during his term of office and shall not be otherwise employed in any of the agencies of the state government.
    II. Members of the board shall each be paid $100 for each day devoted to the work of the board, but not more than $5,000 each in any one year. They shall be reimbursed for necessary expenses in connection with their official duties.
    III. Members of the board shall be removed only as provided in RSA 4:1.

Source. 1986, 12:1. 1988, 269:1, eff. June 29, 1988.

Section 21-I:46 Powers and Duties of Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel Appeals Board

Section 21-I:46

    21-I:46 Powers and Duties of Board. –
    I. The personnel appeals board shall hear and decide appeals as provided by RSA 21-I:57 and 21-I:58 and appeals of decisions arising out of application of the rules adopted by the director of personnel except those related to:
       (a) Performance evaluations of classified employees; provided, however, that an employee who is disciplined or has other adverse action taken against him as the result of an evaluation may appeal that action.
       (b) The refusal of an appointing authority to grant a leave of absence without pay.
       (c) Classification decisions of the director of personnel when the reasons for appeal are based on any of the following:
          (1) The personal qualifications of an employee exceed the minimum requirements for the position in question.
          (2) The employee has held the position for a long period of time.
          (3) Any positions previously held by the employee or any examinations passed by the employee which are not required for the position in question.
          (4) The employee has reached the maximum of the assigned salary grade.
          (5) The cost of living or related economic factors.
    II. The board shall meet as often as necessary to conduct its business, provided that no more than 30 days shall elapse between meetings whenever there is any appeal pending before the board. Two members of the board shall constitute a quorum.
    III. In the event that a member of the board is unable, for any reason, to attend a meeting of the board, the chairman shall designate an alternate member to serve in his place. In the absence of the chairman, the vice chairman shall designate the alternate member to serve.
    IV. The board shall have the power to subpoena witnesses, and administer oaths in any proceeding before it, and to compel the production of any books, papers or other memoranda or documents by subpoena duces tecum.
    V. The board may advise the director with regard to all existing rules of the division. The director shall submit all proposals to adopt rules to the board for their advice prior to filing a notice of proposed rule under RSA 541-A:6.
    VI. The board shall by September 1 of each year submit an annual report to the governor, commissioner of administrative services, and director of personnel. This report shall include a narrative summary of the work of the board during the previous fiscal year. The report shall also include a description of problems related to the personnel system and the board's recommendations for dealing with those problems.
    VII. The board shall adopt rules under RSA 541-A regarding procedures for the conduct of its business.
    VIII. The board may, with the approval of the governor and council, contract for legal services in any action in which the attorney general determines that he cannot provide such services to the board. The governor shall draw his warrant on funds not otherwise appropriated to cover the costs of such legal services.
    VIII-a. The board shall be limited to existing job titles within the classification plan when rendering decisions regarding appeals of denial of reclassification. The board is explicitly prohibited from creating new job classifications or job titles.
    IX. The board shall issue final decisions on all appeals within 45 days of the date of hearing or upon the receipt of relevant evidence requested by the board as a result of such hearing, whichever is later. If the board determines that it requires additional time for the proper investigation or determination of the facts or issues involved, it shall notify the employee or employees making the appeal in writing of the reasons for the delay and provide an estimate to such employee or employees of the additional time required.

Source. 1986, 12:1. 1988, 269:2. 1994, 412:6, eff. Aug. 9, 1994.

Section 21-I:47 Executive Secretary to Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Personnel Appeals Board

Section 21-I:47

    21-I:47 Executive Secretary to Board. –
    I. The director of personnel shall assign, with the approval of the board, an employee of the division of personnel to serve as executive secretary to the board. Neither the director of personnel nor any bureau administrator within the division of personnel shall be appointed to this position.
    II. The executive secretary shall perform such duties for the board as the board may assign.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:48 Approval of Governor or Council Not Required.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:48

21-I:48 Approval of Governor or Council Not Required. – Neither the governor nor council shall be required to approve the employment, or salary, of any employee within the state classified service except as such approval may be specifically required by law.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:49 Classified Service and Exemptions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:49

    21-I:49 Classified Service and Exemptions. – The classified service to which the personnel provisions of this chapter shall apply shall comprise all positions in the state service now existing or hereafter established, except:
    I. Those elected by popular vote or by the legislature.
    II. Those appointed and commissioned by the governor or the governor and council.
    III. The chief executive officer of each department and institution and independent agency.
    IV. The deputy of any department head provided for by special statute.
    V. Those officers whose salary is specified or provided by special statute.
    VI. Personnel of the university system of New Hampshire.
    VII. Personnel of the Pease development authority.

Source. 1986, 12:1. 1990, 161:8, eff. April 26, 1990.

Section 21-I:50 Exception; Department of Employment Security.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:50

21-I:50 Exception; Department of Employment Security. – In the case of any employee of the department of employment security where the federal government has determined that the state classification system does not meet federal standards, as required by RSA 282-A:115, the provisions of the federal standards applicable to a merit system of personnel administration in state employment security agencies shall be controlling and the state classification system shall not be applicable in any such case insofar as inconsistent with the federal standards.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:51 Applicant's Criminal Record.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:51

21-I:51 Applicant's Criminal Record. – No applicant for state employment shall be required by the state to answer any question concerning whether the applicant has ever been arrested or indicted for a crime. This section shall not prohibit asking an applicant whether he has ever been convicted of a crime.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:52 Prohibitions; Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:52

    21-I:52 Prohibitions; Penalty. –
    I. No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored or discriminated against with respect to employment in the classified service because of the person's political opinions, religious beliefs or affiliations, age, sex, or race. In addition, no person shall have any such employment action taken on account of such person's sexual orientation. Nothing in this section shall require the appointment or prevent the dismissal of any person who advocates the overthrow of the government by unconstitutional and violent means. No person shall use, or promise to use directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. No employee in the state classified service shall hold any remunerative elective public office, or have other employment, either of which creates an actual, direct and substantial conflict of interest with the employee's employment, which conflict cannot be alleviated by said employee abstaining from actions directly affecting such classified employment. Determination of such conflict shall be made by the personnel appeals board after the parties are afforded rights to a hearing pursuant to RSA 21-I:58. The burden of proof in establishing such a conflict shall be upon the party alleging it. No action affecting said employee shall be taken by the appointing authority because of such public office or other employment until after a full hearing before and approval of such action by the personnel appeals board. If an actual, direct and substantial conflict of interest, which cannot be alleviated by abstention by the employee, is found by the personnel appeals board, the board must approve any action proposed by the appointing authority; and the employee shall be given a reasonable amount of time to leave the employee's public office or other employment or otherwise end the conflict before the appointing authority initiates that action.
    II. If any person in state service shall willfully violate this section, his position of service with the state shall be declared vacant by the governor and council.

Source. 1986, 12:1. 1990, 261:3, eff. July 1, 1990. 1997, 108:4, eff. Jan. 1, 1998.

Section 21-I:52-a Employee Assistance Program; Confidential Communications.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:52-a

21-I:52-a Employee Assistance Program; Confidential Communications. – The confidential relations and confidential communications between an employee of the state of New Hampshire and a representative or representatives of an employee assistance program shall be placed on the same basis as those provided by law between attorney and client. Except as otherwise provided by law, no representative of an employee assistance program shall be required to disclose either the nature of the program's relationship with the state employee or any privileged and confidential communications, either oral or written, made between the state employee and the representative or representatives of the program in the context of that relationship.

Source. 1995, 310:61, eff. Nov. 1, 1995.

Section 21-I:53 Cooperation of State Officers and Employees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:53

21-I:53 Cooperation of State Officers and Employees. – All officers and employees of the state shall comply with and aid in carrying out the provisions of this chapter relative to the classified personnel system. Any employee in any department may be excused, with the approval of the department head, from his regular duties for the time required to assist in the preparation and rating of tests when designated by the director of personnel.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:54 New Positions and Reclassification of Positions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:54

    21-I:54 New Positions and Reclassification of Positions. –
    I. Notwithstanding any provision of law to the contrary, no new position in the classified service for employment of over one calendar year shall be established except upon approval of the governor and council. A request from a department head for additional personnel beyond those considered as line items in the budget as enacted as a budgetary amount, if said employment is for a period in excess of one calendar year, shall be considered a new position requiring the approval as specified in this section. In addition, a request made either to the division of personnel or the governor and council for the reclassification or reallocation of positions to a different class series shall be considered as a request for a new position and shall require the approval of the governor and council, except as provided in RSA 21-I:56, IV.
    II. The division of personnel shall submit to the general court on or before January 15 of each legislative year a report containing a list of all new positions created subsequent to the report made to the preceding session of the general court giving the reason for the action taken in each case and stating clearly the effect of such action upon the amounts for personnel services appropriated by the preceding general court. The report shall also include a list of all reclassifications or reallocations of positions allowed during the previous year by either the director or the personnel appeals board. The report shall state how many employees were affected by each reclassification or reallocation and the cost of each reclassification or reallocation.
    III. The director shall make a decision on any request for reclassification or reallocation from department heads or position incumbents within 45 days of receipt of a completed request for reclassification or reallocation as defined by rules adopted under RSA 21-I:43, II(u). No increases in salary shall be allowed for any request until a final decision is made by the director, or if the director's decision is appealed, by the personnel appeals board. Increases in salary due to reclassification or reallocation shall become effective at the beginning of the next pay period following the final decision of the director or the board.

Source. 1986, 12:1. 1989, 408:106. 1995, 310:58, eff. Nov. 1, 1995.

Section 21-I:55 Exception; Department of Transportation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:55

21-I:55 Exception; Department of Transportation. – Temporary employees of the department of transportation whose positions have been approved for continuance for a period of more than one year as provided in this chapter shall be classified as permanent employees if and after they shall have continuously occupied and carried out the duties of their respective positions for a period of 2 years.

Source. 1986, 12:1, eff. March 27, 1986.

Section 21-I:56 Reclassification of Positions or Increases.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:56

    21-I:56 Reclassification of Positions or Increases. –
    I. Any request for reclassification of a position to a different class series as provided in RSA 21-I:54 shall require the approval of governor and council.
    II. Any request to increase the salary of a classified position beyond grade 34 as provided in RSA 99:8 shall require the approval of the fiscal committee of the general court before it is submitted to the governor and council for its approval.
    III. Notwithstanding the provisions of RSA 9:16, 9:17 and 17-a, whenever the director of personnel in consultation with the affected department shall determine that the personal services-permanent line item in any PAU and the salary adjustment fund cannot cover the cost of funding a reclassification and a transfer of funds from other line items is required, the director of personnel shall notify the governor and council and the fiscal committee as soon as possible. No such transfer shall be permitted without approval first of the fiscal committee and then of governor and council.
    IV. Notwithstanding any other provision of law, the commissioner of the department of health and human services shall have the authority to reallocate or reclassify any position within the department of health and human services, in consultation with the director of personnel, to implement the 1995 Department of Health and Human Services Reorganization Act. This authority shall terminate on December 31, 1998.

Source. 1986, 12:1. 1987, 416:5. 1992, 289:3. 1995, 310:59, eff. Nov. 1995.

Section 21-I:57 Allocation Review.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:57

21-I:57 Allocation Review. – The employee or the department head, or both, affected by the allocation of a position in a classification plan shall have an opportunity to request a review of that allocation in accordance with rules adopted by the director under RSA 541-A, provided such request is made within 15 days of the allocation. If a review is requested by an employee, the director shall contact the employee's department head to determine how the employee's responsibilities and duties relate to the responsibilities and duties of similar positions throughout the state. The employee or department head, or both, shall have the right to appeal the director's decision to the personnel appeals board in accordance with rules adopted by the board under RSA 541-A. If the board determines that an individual is not properly classified in accordance with the classification plan or the director's rules, it shall issue an order requiring the director to make a correction.

Source. 1986, 12:1. 1988, 269:3, eff. June 29, 1988.

Section 21-I:58 Appeals.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Classified Employees

Section 21-I:58

    21-I:58 Appeals. –
    I. Any permanent employee who is affected by any application of the personnel rules, except for those rules enumerated in RSA 21-I:46, I and the application of rules in classification decisions appealable under RSA 21-I:57, may appeal to the personnel appeals board within 15 calendar days of the action giving rise to the appeal. The appeal shall be heard in accordance with the procedures provided for adjudicative proceedings in RSA 541-A. If the personnel appeals board finds that the action complained of was taken by the appointing authority for any reason related to politics, religion, age, sex, race, color, ethnic background, marital status, or disabling condition, or on account of the person's sexual orientation, or was taken in violation of a statute or of rules adopted by the director, the employee shall be reinstated to the employee's former position or a position of like seniority, status, and pay. The employee shall be reinstated without loss of pay, provided that the sum shall be equal to the salary loss suffered during the period of denied compensation less any amount of compensation earned or benefits received from any other source during the period. "Any other source' shall not include compensation earned from continued casual employment during the period if the employee held the position of casual employment prior to the period, except to the extent that the number of hours worked in such casual employment increases during the period. In all cases, the personnel appeals board may reinstate an employee or otherwise change or modify any order of the appointing authority, or make such other order as it may deem just.
    II. Any action or decision taken or made under this section shall be subject to rehearing and appeal as provided in RSA 541.
    III. In the event of an appeal from a decision of the personnel appeals board in accordance with the provisions of RSA 541, the fee for the copy of the record and such testimony and exhibits as shall be transferred, and the fee for manifold copies shall be established by the governor and council and collected by the director of personnel from the party making the appeal. Any fees collected by the director of personnel under the provisions of this section shall be credited to the appropriation for the division of personnel. The appeals board shall not be required to certify the record upon any such appeal, nor shall the appeal be considered until the fees for the copies have been paid.

Source. 1986, 12:1. 1988, 269:4. 1990, 140:2, XII, eff. June 18, 1990. 1997, 108:5, eff. Jan. 1, 1998.

Section 21-I:59 Definition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:59

21-I:59 Definition. – In this subdivision "agency'' means any state department, commission, board, institution, bureau, office or other entity, by whatever name called, established in the state constitution, statutes, session laws, or executive orders, including those within the legislative branch of state government but not including those within the judiciary branch of state government.

Source. 1990, 261:12. 1993, 107:1, eff. July 3, 1993.

Section 21-I:60 Statewide Recycling Program for State Agencies; Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:60

    21-I:60 Statewide Recycling Program for State Agencies; Fund. –
    I. The commissioner shall establish a mandatory waste reduction and recycling program which shall include a separate recycling program for each agency on or before November 30, 1990. The commissioner shall also adopt rules relative to guidelines for agencies to follow in their proposed individual plans. A special fund shall be established within the office of the state treasurer, to receive recycling revenue, which shall be utilized for purposes of this program. Agencies shall forward all recycling revenue to the state treasurer on a monthly basis. The commissioner may use moneys in the fund for the purposes of recycling and solid waste reduction.
    II. Funds accruing to the liquor commission from the sale of corrugated boxes shall be exempt from the provisions of paragraph I. The liquor commission shall report quarterly to the director, division of plant and property management, on the use of such funds in its recycling program. Excess funds generated by the recycling program of the liquor commission which are not used by June 30 of each year shall lapse to the fund established in RSA 21-I:60, I.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:61 Individual Agency Plans.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:61

21-I:61 Individual Agency Plans. – Each agency shall submit a proposed written waste reduction and recycling plan to the commissioner within 6 months of the effective date of this section. Within the plan, the agency shall identify and propose changes to any agency rules, policies, or practices which discourage solid waste reduction and recycling, or unnecessarily favor the use of virgin material instead of recycled material. Each agency shall also bring to the commissioner's attention any law which discourages such reduction and recycling, with the agency's recommended changes.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:62 Commissioner to Provide Assistance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:62

21-I:62 Commissioner to Provide Assistance. – The commissioner shall provide consultation and technical assistance to each agency, in consultation with the department of environmental services.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:63 Implementation of Agency Plans.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:63

21-I:63 Implementation of Agency Plans. – Each agency shall implement its plan as soon as practicable, but in no event later than December 31, 1990. In addition, each agency shall review its bid specifications for materials purchased and shall revise any such specifications that unnecessarily prohibit the use of recycled products or which require the use of a new or virgin product.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:64 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:64

    21-I:64 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, relative to:
    I. What constitutes recycled or recyclable materials. Recyclable materials shall include, but not be limited to, separated clear and colored glass, aluminum, ferrous and non-ferrous metals, plastics, corrugated cardboard, batteries, tires, and all paper.
    II. Suggested standards for agencies to use in developing their proposed individual waste reduction and recycling plans.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:65 Recycled Materials Purchase Plan.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Waste Reduction and Recycling Program

Section 21-I:65

    21-I:65 Recycled Materials Purchase Plan. –
    I. The department of administrative services, as the state's procurement agency, shall conduct its procurement operations so as to incorporate recycled and recyclable products into its purchasing decisions. Such products shall be made available to agencies whenever feasible, acceptable, and appropriate.
    II. The department of administrative services shall promote awareness of and prevent discrimination against products which contain recycled materials in the following manner:
       (a) The department shall include an appropriate bid specifications line asking bidders what percentage of the materials in their products are recycled and shall note that the state is seeking to increase procurement of products containing such materials.
       (b) As soon as practicable, but in no event later than December 31, 1990, the department shall review bid specifications for materials purchased and revise any such specifications that unnecessarily prohibit the use of recycled products or that require the use of a new or virgin product.
    III. The department shall strive to achieve goals for the increased purchase of papers containing recycled fiber content with a primary goal of a minimum of 25 percent of paper purchases being recycled paper by 1993.
    IV. The department shall, to the greatest extent possible, avoid the purchase of specified materials or products which contribute to global environmental degradation and shall not purchase such materials when reasonable substitute materials are available.

Source. 1990, 261:12, eff. April 28, 1990.

Section 21-I:66 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:66

    21-I:66 Definitions. – In this subdivision:
    I. "Director'' means the director of information technology management.
    II. "Information technology'' means the equipment and software used in electronic data processing and in voice and data communications.
    III. "Information technology management'' means the management of the equipment, software, personnel, budgets, and other resources involved in the operation of electronic data processing and voice and data communications.

Source. 1991, 346:2, eff. July 1, 1991.

Section 21-I:67 Division Established; Functions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:67

    21-I:67 Division Established; Functions. – There is hereby established within the department a division of information technology management, which shall be under the supervision of a director of information technology management, who shall be responsible for the following:
    I. Providing technical information technology consultation to any agency which requests it, including technical advice during the development or acquisition of information systems.
    II. Monitoring technological trends and informing all state employees and officials about state of the art information systems and management techniques.
    III. Developing a formal information technology planning process for approving agency information technology plans.
    IV. Preparing and maintaining a statewide information technology plan based upon agency data processing plans.
    V. Reviewing, assessing, and approving the feasibility of agency plans, including cost estimates and impacts on other agencies and political subdivisions of the state.
    VI. Developing standards and processes for collaborative stakeholder involvement to assure that hardware, software, and telecommunications systems acquired or developed by the state are as compatible among themselves and with other systems of the state and political subdivisions as are necessary and practical.
    VII. Providing training and educational programs to technicians and managers.
    VIII. Monitoring and reporting to the governor and legislature on the effectiveness of the use of information technology resources and on statewide progress in implementing technology plans.
    IX. Coordinating information technology development efforts that affect multiple agencies or other levels of government.
    X. Assigning to the various data centers throughout the state the data processing operations service responsibilities for those state agencies which do not have access to a data center and which request to be provided with such a service.
    XI. Developing in concert with the commissioner of administrative services and the budget director the capital and operating budget requests for implementing each agency's information technology plan, including, but not limited to, appropriate standards for the uniform presentation of the general budget requests.
    XII. Developing in concert with the director of plant and property management specifications for the procurement of computer equipment and software.

Source. 1991, 346:2, eff. July 1, 1991. 1997, 351:14, 15, 16, eff. July 1, 1997. 2000, 320:2, eff. Aug. 20, 2000.

Section 21-I:68 Director; Qualifications; Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:68

    21-I:68 Director; Qualifications; Compensation. –
    I. The commissioner of administrative services shall nominate a director of information technology management as provided in RSA 21-I:2, II.
    II. The director of the division shall be qualified by reason of education and experience. The director shall possess a broad working knowledge, with demonstrated expertise and proven organizational skills in the field of information technology management.
    III. The salary of the director of the division shall be as specified in RSA 94:1-a.

Source. 1991, 346:2, eff. July 1, 1991. 1997, 351:17, eff. July 1, 1997.

Section 21-I:69 Special Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:69

    21-I:69 Special Duties. – In addition to the powers, duties, and functions otherwise vested in the director by RSA 21-I:67, the director shall:
    I. Develop and implement, subject to approval by the governor and the legislature, a long-range information technology plan for the state of New Hampshire.
    II. Report to the governor and to the legislature on January 1 of each year as to the progress made in implementing the state information technology plan.
    III. [Repealed.]
    IV. Establish technical committees to advise division staff in the development of technical standards, procedures, and processes.

Source. 1991, 346:2, eff. July 1, 1991. 1997, 351:18, eff. July 1, 1997. 2002, 166:3, eff. July 14, 2002.

Section 21-I:70 Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:70

21-I:70 Rulemaking. – Notwithstanding any other provision of law, the director shall have the authority to adopt rules, pursuant to RSA 541-A, and to enforce such rules.

Source. 1991, 346:2, eff. July 1, 1991.

Section 21-I:71 Information Technology Management Advisory Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:71

    21-I:71 Information Technology Management Advisory Board. –
    I. There is hereby established the information technology management advisory board. The board shall advise the division on policy matters, strategic direction, and emerging trends in information technology, and shall review the information technology management office plan and state information technology plans.
    II. The board shall consist of the following members:
       (a) The director of the division of information technology management.
       (b) The commissioner of administrative services.
       (c) The commissioner of transportation.
       (d) The commissioner of health and human services.
       (e) The commissioner of safety.
       (f) The commissioner of revenue administration.
       (g) The legislative budget assistant.
       (h) Two heads of departments, appointed by the governor.
       (i) Two senior information technology executives from the private sector, appointed by the governor for a 3-year term.
       (j) One representative of municipal government, appointed by the governor for a 3-year term.
       (k) One representative of county government, appointed by the governor for a 3-year term.
       (l) Two state senators, who shall serve as non-voting members, appointed by the senate president for the duration of their legislative term.
       (m) Two state representatives, who shall serve as non-voting members, appointed by the speaker of the house of representatives for the duration of their legislative term.
       (n) The chancellor of the university system of New Hampshire, or designee, who shall serve as a non-voting member.
       (o) The governor, or designee, who shall serve as the chairperson of the board.

Source. 1991, 346:2, eff. July 1, 1991. 1997, 351:18, eff. July 1, 1997. 2001, 248:3, eff. Sept. 11, 2001. 2002, 166:1, 2, eff. July 14, 2002.

Section 21-I:72 Technical Committees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-I
DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Information Technology Management

Section 21-I:72

    21-I:72 Technical Committees. – The director shall establish technical committees to advise the director of the division of information technology management and staff on technical issues. Each technical committee shall include personnel from all 3 branches of government who are expert in the specific issue that is the focus of the committee. These issues may include but are not limited to:
    I. Hardware, software, and telecommunications standards.
    II. Information technology planning process.
    III. Development of statewide policies and procedures.
    IV. Emerging Internet and "intranet'', or limited network, technologies.

Source. 1991, 346:2, eff. July 1, 1991. 1997, 81:1, eff. Aug. 2, 1997.

Section 21-J:1 Establishment; General Functions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:1

    21-J:1 Establishment; General Functions. –
    I. There is established the department of revenue administration, an agency of the state, under the executive direction of a commissioner of revenue administration.
    II. The department of revenue administration, through its officials, shall be responsible for the following general functions:
       (a) Overseeing the collection of state taxes, assigned by specific tax law.
       (b) Providing information collected through tax administration activities to the governor and general court for public policy decisions. This information shall not include material which identifies, or permits identification of, particular taxpayers.
       (c) Establishing a uniform system of financial reports and accounting for the state's political subdivisions.

Source. 1985, 204:1. 1987, 109:3, eff. July 5, 1987; 408:3, eff. May 26, 1987.

Section 21-J:1-a Boards Administratively Attached.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:1-a

    21-J:1-a Boards Administratively Attached. – The following boards shall be administratively attached to the department of revenue administration, under RSA 21-G:10:
    I. The current use board, established under RSA 79-A:3.
    II. The assessing standards board, established under RSA 21-J:14-a.
    III. The equalization standards board, established under RSA 21-J:14-c.

Source. 1991, 281:1, eff. Aug. 17, 1991. 2001, 297:1, eff. Sept. 15, 2001.

Section 21-J:2 Commissioner; Directors; Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:2

    21-J:2 Commissioner; Directors; Compensation. –
    I. The commissioner of the department of revenue administration shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years. The commissioner of revenue administration shall be qualified by reason of professional competence, education, and experience.
    II. The commissioner shall nominate a director, division of audits, and a director, division of returns processing, for appointment by the governor, with the consent of the council. These division directors shall serve at the pleasure of the commissioner. The directors of the divisions shall be qualified by reason of professional competence, education, and experience.
    III. The salaries of the commissioner and the director, division of audits, and the director, division of returns processing, shall be as specified in RSA 94:1-a.

Source. 1985, 204:1, eff. July 1, 1985.

Section 21-J:3 Duties of Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:3

    21-J:3 Duties of Commissioner. – In addition to the powers, duties, and functions otherwise vested by law, including RSA 21-G, in the commissioner of the department of revenue administration, the commissioner shall:
    I. Represent the public interest in the administration of the department and be responsible to the governor, the general court, and the public for such administration.
    II. Prepare and furnish to selectmen and assessors, at the expense of the state, a sufficient number of inventory blanks upon which individuals and corporations shall list taxable property for return to said selectmen and assessors.
    III. Procure and furnish to the selectmen of towns and assessors of cities, on or before April 1 of each year, blanks upon which to make certificates of the number of individuals and the valuation of the ratable estates of their respective towns and cities. The certificates when completed shall be returned to the commissioner.
    IV. Determine from such certificates the average rate of taxation throughout the state.
    V. Exercise general supervision over the administration of the assessment and taxation laws of the state and over all assessing officers in the performance of their duties, except the board of tax and land appeals, to the end that all assessments of property be made in compliance with the laws of the state.
    VI. Confer with, advise, and give the necessary instructions and directions to local assessing officers throughout the state as to their duties, and to that end to call meetings of such assessing officers, to be held at convenient places, for the purpose of receiving instructions from the commissioner as to the laws governing the assessment and taxation of all classes of property.
    VII. Direct proceedings, actions, and prosecutions to be instituted to enforce the laws relating to the liability and punishment of individuals, public officers, and officers and agents of corporations for failure or neglect to comply with the provisions of the law of this state governing returns for the assessment and taxation of property.
    VIII. Require county, city, town, and other public officers to report information as to the assessment of property, collection of taxes, and such other information required by the commissioner, in such form and upon such blanks as the commissioner may prescribe. All county, city, town, and other public officers shall furnish the commissioner with the information required.
    IX. Summon witnesses to appear and give testimony, and to produce books, records, papers, and documents relating to any tax matter which the commissioner has authority to investigate or determine.
    X. Cause depositions of witnesses residing within or without this state, or absent from the state, to be taken in like manner as depositions of witnesses are taken in civil actions in the superior court, in any matter which the commissioner has authority to investigate or determine.
    XI. Formulate and recommend any legislation as he may deem expedient to prevent the evasion of assessment and tax laws, and to secure just and equal taxation and improvement in the system of taxation in the state.
    XII. File with the secretary of state his report showing all the taxable property in the state and its assessed value, in tabulated form, and such other statistics and information as may be deemed of interest. This report shall be filed not later than 30 days after all necessary figures became available.
    XIII. Equalize annually by May 1 the valuation of the property as assessed in the several towns, cities, and unincorporated places in the state including the value of property exempt pursuant to RSA 72:37, 72:37-b, 72:39-a, 72:62, 72:66, and 72:70 by adding to or deducting from the aggregate valuation of the property in towns, cities, and unincorporated places such sums as will bring such valuations to the true and market value of the property, and by making such adjustments in the value of other property from which the towns, cities, and unincorporated places receive taxes or payments in lieu of taxes as may be equitable and just, so that any public taxes that may be apportioned among them shall be equal and just. In carrying out the duty to equalize the valuation of property, the commissioner shall follow the procedures set forth in RSA 21-J:9-a.
    XIV. Conduct required audits of local units of government.
    XV. Establish and approve tax rates as required by law.
    XVI. Have the authority to abate, in whole or in part, any taxes, additions to tax, penalties, or interest wrongfully assessed under this title or which, in his judgment, are uncollectible or for which the administrative and collection costs involved would not warrant collection of the amount due or for such other good cause as the commissioner shall determine.
    XVII. Appoint a chief of field audits and field team leaders who shall be unclassified employees and who shall serve at the pleasure of the commissioner.
    XVIII. Hear appeals on disputed taxes, penalties, and interest and on certification suspension, revocation, or rejection under RSA 21-J:14-g.
    XIX. Have the authority to administer oaths and to examine under oath any person with respect to any matter within the department's jurisdiction.
    XX. Enter in contractual agreements with financial institutions to receive and process tax returns or documents and deposit tax revenues received with such documents.
    XXI. Except as provided in RSA 78-A:8, have authority to require a taxpayer to remit taxes by electronic funds transfer when the taxpayer, including combined return filers, had a tax liability in the prior tax year of $100,000 or more.
    XXII. Have authority subject to appropriation to establish the electronic transfer of departmental information intended for the public, and to recover reasonable costs for the service, all of which shall be returned to the general fund as unrestricted revenue.
    XXIII. [Repealed.]
    XXIV. Have the authority subject to appropriation to publish and distribute a "Package X'' containing department-administered tax forms and instructions, and to recover reasonable costs for such publication, all of which shall be returned to the general fund as unrestricted revenue.
    XXV. Petition the board of tax and land appeals to issue an order for reassessment of property pursuant to the board's powers under RSA 71-B:16-19 whenever the valuation of property in a particular city, town, or unincorporated place is disproportional to the valuation of other property within that city, town, or unincorporated place.
    XXVI. Review each municipality's assessments once within every 5 years and certify the assessments of the municipality if such assessments are valued in accordance with RSA 75:1. In carrying out the duty to certify the assessments of property, the commissioner shall follow the procedures set forth in RSA 21-J:11-a.

Source. 1985, 204:1. 1987, 408:4. 1988, 232:1, 2. 1989, 50:1. 1991, 163:2; 362:6. 1993, 61:1. 1995, 45:1, eff. July 2, 1995; 308:121, eff. July 1, 1995. 1997, 351:12, eff. July 1, 1997. 1998, 383:1, eff. July 1, 1998. 1999, 17:3-5, 58III, eff. April 29, 1999. 2000, 239:1, eff. Aug. 5, 2000. 2001, 158:55, eff. Sept. 3, 2001; 297:3, 14, 15, eff. Sept. 15, 2001.

Section 21-J:4 Assistant Commissioner.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:4

    21-J:4 Assistant Commissioner. –
    I. The commissioner of revenue administration shall nominate an assistant commissioner for appointment by the governor, with the consent of the council. The assistant commissioner shall serve for a term of 4 years. The assistant commissioner shall be qualified to hold that position by reason of education and experience.
    II. The assistant commissioner shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.
    III. The salary of the assistant commissioner shall be as specified in RSA 94:1-a.

Source. 1985, 204:1, eff. July 1, 1985.

Section 21-J:5 Division Directors.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:5

    21-J:5 Division Directors. –
    I. Each director shall be bonded in such amount and with such sureties as are sufficient under RSA 93-B.
    II. The director of each division shall have the power to require, subject to approval by the commissioner, the production of books, affidavits, papers, and documents of all kinds and the appearance of any person as may be necessary to carry out the powers, duties, and authority vested in such division.
    III. Subject to the approval of the governor and council, each division may incur necessary expenses in the administration of its powers, duties, and authority and the governor is hereby authorized to draw his warrant for the expenses.
    IV. The commissioner shall appoint an assistant director for each division. Assistant division directors shall be classified employees, except for the assistant director of audits and director of document processing, who shall be unclassified employees.

Source. 1985, 204:1. 1988, 232:3. 1994, 158:6, eff. May 23, 1994. 1998, 105:1, eff. Aug. 1, 1998.

Section 21-J:6 Administration Unit.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:6

    21-J:6 Administration Unit. – There is hereby established within the department an administration unit. The assistant commissioner shall supervise the administration unit and shall be responsible for the following functions, in accordance with applicable laws:
    I. Budget, personnel, payroll, and purchasing matters.
    II. Handling of all taxes receivable and the accounts receivable for the municipal services and property appraisal divisions.
    III. Assistance to the commissioner with short and long range department level planning activities.

Source. 1985, 204:1, eff. July 1, 1985.

Section 21-J:6-a Division of Automated Information Systems.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:6-a

    21-J:6-a Division of Automated Information Systems. –
    I. There is established within the department a division of automated information systems, under the supervision of a classified director of automated information systems who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Planning, developing, and implementing an automated information management system for the department.
       (b) Providing the procedures, processes, and training needed for the storage and retrieval of information and the utilization of automated information systems by the department.
    II. The systems developed under this section shall be designed to support the department's tax administration activities and to provide analytic summaries of data obtained through the tax administration process. The system shall include but shall not be limited to:
       (a) The storage of all data available to the department that may be needed for revenue forecasting or for the development of fiscal notes for proposed legislation.
       (b) The collection, reporting, and basic analysis of data useful to the governor and general court for public policy decisions.

Source. 1987, 236:4, eff. July 1, 1987.

Section 21-J:6-b Revenue Counsel.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:6-b

    21-J:6-b Revenue Counsel. –
    I. There is established within the department the position of revenue counsel who shall be responsible for providing advice and legal representation for the department in all matters of administration of the tax laws assigned to the department.
    II. The commissioner shall appoint the position of revenue counsel.
    III. The salary of the revenue counsel shall be as specified in RSA 94:1-a.

Source. 1991, 355:6, eff. July 1, 1991.

Section 21-J:7 Division of Audits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:7

    21-J:7 Division of Audits. – There is established within the department the division of audits, under the supervision of an unclassified director of audits who shall be responsible for the following functions, in accordance with applicable laws:
    I. Classifying for possible audit all returns, reports, or other documentation submitted by taxpayers or their authorized representatives for all taxes administered by the department.
    II. Office and field examinations on all returns, reports or other documentation submitted by taxpayers or their authorized representatives for all taxes administered by the department.
    III. [Repealed.]

Source. 1985, 204:1. 1987, 408:10. 1991, 163:3, eff. May 27, 1991.

Section 21-J:8 Division of Collections.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:8

    21-J:8 Division of Collections. –
    I. There is established within the department the division of collections, under the supervision of a classified director of collections who shall be responsible for the following functions, in accordance with applicable laws:
       (a) Collecting all outstanding taxes owed to the state which are within the department's jurisdiction.
       (b) Securing all delinquent returns required to be filed with the state by any taxpayer.
       (c) [Repealed.]
    II. In the exercise of its powers and duties, the division shall have the powers of a tax collector under RSA 80, except that state taxes administered by the department which are outstanding shall not take precedence over prior recorded first and second mortgages.

Source. 1985, 204:1. 1989, 266:1. 1993, 114:3, eff. Jan. 1, 1994.

Section 21-J:9 Division of Property Appraisal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:9

    21-J:9 Division of Property Appraisal. – There is established within the department the division of property appraisal, under the supervision of a classified director of property appraisal who shall be responsible for the following functions, in accordance with applicable laws:
    I. Assisting and supervising municipalities and appraisers in appraisals and valuations as provided in RSA 21-J:10 and RSA 21-J:11.
    II. Appraising state-owned forest and recreation land under RSA 227-H and RSA 216-A.
    III. Annually determining the total equalized valuation of properties in the cities and towns and unincorporated places according to the requirements of RSA 21-J:9-a.
    IV. Preparing a standard appraisal manual which may be used by assessing officials, and holding meetings throughout the state with such officials to instruct them in appraising property.

Source. 1985, 204:1. 1990, 9:1. 1994, 258:1; 325:1, 2. 1995, 299:6, eff. Jan. 1, 1996. 1999, 17:6, eff. April 29, 1999.

Section 21-J:9-a Equalization Procedure.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:9-a

    21-J:9-a Equalization Procedure. – The following procedures shall apply in determining the equalization of property within the cities, towns, and unincorporated places as required by RSA 21-J:3, XIII:
    I. The commissioner shall annually conduct a sales-assessment ratio study which shall include arm's length sales or transfers of property that occurred 6 months prior to and 6 months following April 1 of the tax year for which such equalization is made.
    II. In determining the arm's length sales or transfers that are included in the sales-assessment ratio study, the commissioner may use a randomly selected sample of such sales and transfers the size of which shall be determined by the total taxable parcels in the city, town, or unincorporated place.
    III. If less than 2 percent of the total taxable parcels in a city, town, or unincorporated place has been transferred by an arm's length sale or transfer during the 6 months prior to and 6 months following April 1 of the tax year for which such equalization is made or the commissioner determines the sales are unrepresentative of the property within the municipality, the commissioner may choose one or more of the following options:
       (a) Include appraisals of any of the taxable property of such city, town, or unincorporated place in the sales-assessment ratio study. Such appraisals shall be based on full and true value pursuant to RSA 75:1 and shall be performed by department appraisers. The property to be appraised shall be selected by the commissioner.
       (b) Include arm's length sales or transfers in the city, town, or unincorporated place, within 2- 1/2 years preceding April 1 of the year preceding the tax year for which such equalization is made.
       (c) Consider recent equalization ratio activity in adjoining cities, towns, or unincorporated places.
    IV. The commissioner may use the inventory of property transfers authorized by RSA 74:18 in determining the equalized value of property and may consider such other evidence as may be available to the commissioner on or before the time the final equalized value is determined.
    V. A report filed by the assessing officials of each city, town, and unincorporated place shall certify sales-assessment information necessary for the commissioner to conduct the annual sales-assessment ratio study required under paragraph I. This report shall be filed within 45 days after receipt from the commissioner. Municipalities which fail to timely file the report due to willful neglect or intentional disregard of laws or rules and not reasonable cause shall pay a penalty to the state in the amount of $100 for each day that the report is not timely filed. Within 30 days after the imposition of the penalty by the commissioner, officials of the city, town, or unincorporated place upon which the penalty was imposed may appeal by written application to the board of tax and land appeals or the superior court in the county in which the city, town, or unincorporated place is located. The board of tax and land appeals or the superior court, as the case may be, shall determine de novo the correctness of the commissioner's actions.

Source. 1999, 17:7, eff. April 29, 1999. 2000, 239:2, 3, eff. Aug. 5, 2000. 2001, 297:16, eff. Sept. 15, 2001.

Section 21-J:9-b Petition for Order of Reassessment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:9-b

    21-J:9-b Petition for Order of Reassessment. – The commissioner, in petitioning for an order of reassessment pursuant to RSA 21-J:3, XXV, may consider any information that indicates that property in a city, town, or unincorporated place is valued disproportionately to other property within that municipality in determining whether to petition the board of tax and land appeals to issue an order for reassessment. Additionally, the commissioner shall petition the board of tax and land appeals to issue an order for reassessment of property if the following criteria are met:
    I. The commissioner's most recent annual sales-assessment ratio study indicates that the coefficient of dispersion exceeds 20 employing a 95-percent level of confidence, provided however that if the sample size for a sales-assessment ratio study is less than 30, the commissioner may use a level of confidence as low as 70 percent;
    II. The municipality has not complied with the provisions of RSA 75:8-a.

Source. 2001, 297:17, eff. Sept. 15, 2001; 158:60, eff. Sept. 15, 2001, at 12:01 a.m.

Section 21-J:9-c Orders for Reassessment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:9-c

    21-J:9-c Orders for Reassessment. – The following provisions shall govern cases in which the board of tax and land appeals has certified an order for reassessment to the department pursuant to RSA 71-B:17:
    I. The commissioner may contract for the services of certified appraisers as needed to complete such reassessments in compliance with any certified orders of the board of tax and land appeals.
    II. All reasonable expenses incurred by the department in completing a reassessment shall be paid in the first instance from the appropriation for the department, but each city, town, or county in the case of an unincorporated place, shall, upon notification by the commissioner of the amount due, reimburse the department for such expenses incurred as follows:
       (a) The expenses for completing a reassessment, including, but not limited to, salaries of staff of the department for such time as the staff have spent on the reassessment, with the exception of expenses incurred by the department in the supervision and monitoring of appraisals pursuant to RSA 21-J:11, shall be reimbursed; and
       (b) The amount of such reimbursement to the department shall, without vote of the municipality, be assessed and collected.

Source. 2001, 297:17, eff. Sept. 15, 2001.

Section 21-J:10 Assistance to Municipalities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:10

21-J:10 Assistance to Municipalities. – The commissioner may assist any municipality in the appraisal and valuation of the taxable property therein upon written request by the proper municipal officers or when the municipality shall so vote. The department shall recover the full costs of providing such appraisal and valuation services, including the direct and indirect costs of appraisal staff and indirect administrative and support costs.

Source. 1985, 204:1. 1987, 408:6, eff. May 26, 1987.

Section 21-J:10-a Division of Community Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:10-a

21-J:10-a Division of Community Services. – There is established within the department the division of community services, under the supervision of an unclassified director of community services who shall be responsible for providing technical support and assistance to municipalities.

Source. 2001, 158:31, eff. July 1, 2001.

Section 21-J:11 Appraisals of Property for Ad Valorem Tax Purposes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:11

    21-J:11 Appraisals of Property for Ad Valorem Tax Purposes. –
    I. Every person, firm, or corporation intending to engage in the business of making appraisals on behalf of a municipality for tax assessment purposes in this state shall notify the commissioner of that intent in writing. No person, firm, or corporation engaged in the business of making appraisals of taxable property for municipalities and taxing districts shall begin any appraisal work without first submitting a copy of the contract or agreement to the commissioner along with the names and qualifications of all personnel to be employed under the contract or agreement. Any contract or agreement entered into for a reassessment or new assessment ordered by the board of tax and land appeals, pursuant to RSA 71-B, shall be first submitted to the commissioner for examination and approval. This paragraph shall not apply to municipal employees.
    II. The commissioner, at no expense to the municipality, shall monitor appraisals of property and supervise appraisers as follows:
       (a) Assure that appraisals comply with all applicable statutes and rules;
       (b) Assure that appraisers are complying with the terms of the appraisal contract or agreement;
       (c) Review the accuracy of appraisals by inspection, evaluation, and testing, in whole or in part, of data collected by the appraisers; and
       (d) Report to the governing body on the progress and quality of the municipality's appraisal process.
    III. The commissioner shall adopt rules under RSA 541-A relative to the:
       (a) Contract or agreement provisions for a full revaluation, a partial revaluation, or a statistical update; and
       (b) Methodology for inspection, evaluation, and testing of data for the purpose of appraisal monitoring.

Source. 1985, 204:1, eff. July 1, 1985. 1999, 17:8, eff. April 29, 1999. 2002, 249:6, eff. May 17, 2002.

Section 21-J:11-a Certification of Assessments.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:11-a

    21-J:11-a Certification of Assessments. –
    I. The commissioner shall certify that the assessments of a municipality comply with the provisions of RSA 75:1 when the commissioner determines that:
       (a) Level of assessments and uniformity of assessments are within acceptable ranges as prescribed by state assessing standards by considering, where appropriate, an assessment-to-sales-ratio study conducted by the department for the municipality;
       (b) Assessment practices substantially comply with applicable statutes and rules;
       (c) Exemption, credit, and abatement procedures substantially comply with applicable statutes and rules;
       (d) Assessments are based on reasonably accurate data; and
       (e) Assessments of various types of properties are reasonably proportional to other types of properties within the municipality.
    II. If the commissioner does not certify that the assessments of a municipality comply with RSA 75:1, the commissioner shall order in writing those corrective actions, including the time for completion, deemed necessary to assess the municipality's property in accordance with RSA 75:1; and:
       (a) If the governing body of the municipality agrees with the commissioner's determination, the municipality shall complete the corrective actions within the time prescribed by the commissioner.
       (b) If the governing body of the municipality does not agree with the commissioner's determination not to certify its assessments, with the corrective actions ordered, or the time allowed for completion, the commissioner shall petition the board of tax and land appeals to order that the municipality's property is not assessed in accordance with RSA 75:1 and to order such corrective action necessary to ensure that the municipality's assessment are in accordance with RSA 75:1.
    III. The commissioner shall adopt rules under RSA 541-A relative to acceptable ranges of level of assessments and uniformity of assessments, procedures for review of assessment practices, and procedures and forms for the commissioner's certification of assessments. Rules adopted by the commissioner under this paragraph shall remain effective until the assessing standards board adopts rules under RSA 21-J:14-b, II.
    IV. The assessing standards board shall study and recommend to the legislature whether municipalities should be reimbursed for expenses incurred as a result of changes in assessment practices resulting from legislation enacted in response to the judicial interpretation of part 2, article 6 of the New Hampshire constitution in Evelyn Sirrell et al v State of New Hampshire et al and, if reimbursement is appropriate, shall recommend a formula for implementation of a reimbursement program.

Source. 2001, 158:56, eff. Sept. 3, 2001.

Section 21-J:12 Document Processing Division.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:12

21-J:12 Document Processing Division. – There is established within the department the division of document processing, under the supervision of an unclassified director of document processing who shall be responsible for processing all tax returns filed with the department.

Source. 1985, 204:1. 1988, 232:4. 1991, 269:1, eff. July 1, 1991.

Section 21-J:13 Rulemaking Authority.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:13

    21-J:13 Rulemaking Authority. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
    I. The collection of state taxes administered by the department under RSA 21-J:1, II(a).
    II. The form of inventories used by individuals and corporations to list taxable property for return to selectmen and assessors, and the form of return blanks used by selectmen in towns and assessors in cities to make certificates of the number of individuals and the ratable valuation of the ratable estates under RSA 21-J:3, I.
    III. The uniform auditing of county accounts and a standardized chart of accounts for those county accounts kept by county officers under RSA 21-J:16.
    IV. The uniformity of municipal accounts through a standardized chart of accounts under RSA 21-J:17.
    V. [Repealed.]
    VI. The approval of appraisers of taxable property including:
       (a) Evidence of the financial responsibility and professional capability of personnel to be employed under contract under RSA 21-J:11; and
       (b) The content of the contract to be approved under RSA 21-J:11.
    VII. (a) The format and type of information to be submitted by local units of government which the commissioner needs to establish and approve tax rates.
       (b) Interpretations of any statutes used in establishing the tax rate.
       (c) The method by which a local unit of government may appeal a decision made by the department in the establishment of tax rates under RSA 21-J:3, XV.
    VIII. The criteria which must be met to qualify as a nonprofit housing or health care facility for the purposes of RSA 72:23-k.
    IX. The forms and any other information that shall be furnished to the department to perform the annual equalization as required under RSA 21-J:3, XIII and RSA 21-J:9, I(f).
    X. A method for collecting taxes by electronic transfer under RSA 21-J:3, XXI.
    XI. [Repealed.]
    XII. Certification, enforcement, and hearing requirements under RSA 21-J: 14-f and 21-J:14-g.

Source. 1985, 204:1. 1987, 194:2. 1989, 399:2, I. 1991, 269:2, 3. 1993, 61:2. 1994, 325:4, eff. July 1, 1995. 1999, 17:58, IV, eff. April 29, 1999. 2001, 297:4, eff. Sept. 15, 2001.

Section 21-J:13-a Exemption From Rulemaking Requirement.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:13-a

21-J:13-a Exemption From Rulemaking Requirement. – The commissioner shall be exempt from adopting, as rules pursuant to RSA 541-A, the requirements on the department's tax filing forms for the business profits tax, business enterprise tax, and interest and dividends tax.

Source. 1996, 164:4, eff. Aug. 2, 1996.

Section 21-J:14 Confidentiality of Department Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

General Provisions

Section 21-J:14

    21-J:14 Confidentiality of Department Records. –
    I. Notwithstanding any other provision of law, and except as otherwise provided in this chapter, the records and files of the department are confidential and privileged. Neither the department, nor any employee of the department, nor any other person charged with the custody of such records or files, nor any vendor or any of its employees to whom such information becomes available in the performance of any contractual services for the department shall disclose any information obtained from the department's records, files, or returns or from any examination, investigation or hearing, nor may any such employee or person be required to produce any such information for the inspection of any person or for use in any action or proceeding except as hereinafter provided.
    II. The information deemed confidential and privileged in paragraph I shall include any information received from the United States Internal Revenue Service in accordance with compacts for exchange of information between the department and the Internal Revenue Service, and likewise shall include any United States federal tax information obtained on New Hampshire tax returns.
    III. The information deemed confidential and privileged in paragraph I shall include any information received from any other state in accordance with compacts for the exchange of information between the department and any other state, which compacts the department is hereby authorized to enter.
    IV. The records and files deemed confidential and privileged under this section shall not include records or files related to the following areas of the department's activities:
       (a) Municipal service and regulatory responsibilities including, but not limited to, responsibilities under RSA 21-J:9, except RSA 21-J:9, I(e) and II, and RSA 21-J:15-24.
       (b) Tax related statistics, reports, summaries or other data prepared by the department which do not identify, or permit identification of, particular tax returns, reports, or related documents.
    V. The following exceptions shall apply to this section:
       (a) Delivery to a taxpayer or his duly authorized representative of a copy of any return or other papers filed by the taxpayer.
       (b) Disclosure of department records, files, or returns to the United States Internal Revenue Service in accordance with compacts for the exchange of information between the department and the Internal Revenue Service, but only for the purpose of, and to the extent necessary in, the administration of federal tax laws, and related statutes.
       (c) Disclosure of department records, files, returns, or information in a New Hampshire state judicial or administrative proceeding pertaining to state tax administration where the information is directly related to a tax issue in the proceeding, or the taxpayer whom the information concerns is a party to such proceeding, or the information concerns a transactional relationship between a person who is a party to the proceeding and the taxpayer.
       (d) Disclosure to the following officers and employees of the state of New Hampshire:
          (1) An officer or employee of the department for the purpose of, and only to the extent necessary in, the administration of the tax laws for which the department is responsible;
          (2) An officer or employee of the state of New Hampshire to whom such disclosure is necessary in connection with the processing, storage, and transmission of such information, or the programming, repair, maintenance, testing, or procurement of equipment used to process, store, or transmit such information;
          (3) A legal representative of the department who is directly engaged in a civil or criminal proceeding, or an investigation which may result in such a proceeding before a state administrative body, grand jury, or court, but only if the information is or may be related to the resolution of an issue in the proceeding or investigation or if:
             (A) The taxpayer whom the information concerns is or may be a party to such proceeding; or
             (B) The information concerns a transactional relationship between a person who is or may be a party to such proceeding and the taxpayer.
          (4) The legislative budget assistant in the performance of his or her duties under RSA 14:31-a, I(a) and (b) only, provided that disclosure of department records, files, returns, or information to the legislative budget assistant shall be only for the purpose of, and to the extent necessary for, conducting audits of the department's accounts and records as are required by law as provided in section 6103(d)(2)(A) and (B) of the Internal Revenue Code of 1954, as amended. This exception shall not be construed to authorize disclosure to any member of the legislature or to any expert consultants, including certified public accountants and data processing experts, hired by the legislative budget assistant to assist the legislative budget assistant in the carrying out of his or her duties.
          (5) An officer or employee of the office of reimbursements, department of health and human services, in the performance of his duties under RSA 126-A:37 and RSA 126-A:42, which disclosure shall be limited to the statement of the administrator or executor of the estate which lists whether legatees were living at time of the decedent's death, the names of the legatees, their relationships to the decedent, their ages at the time of the decedent's death, and the addresses of the legatees.
          (6) An officer or employee of the department of employment security, pursuant to an agreement for exchange of information between the department and the department of employment security, for the purposes of, and only to the extent necessary for, the administration and collection of contributions to the unemployment compensation fund, and administration and payment of unemployment compensation claims. The information disclosed pursuant to such exchange agreement shall not include records, files, returns, or information disclosed to officers or employees of the department by any other state pursuant to a compact for the exchange of information between the department and any other state unless permitted by such state or compact. In the event that the department of employment security may not obtain confidential taxpayer information from the United States Internal Revenue Service, disclosure under this exception shall cease and any agreement for exchange of information between the department and the department of employment security shall be void. Officers or employees of the department of employment security having in their custody or control any confidential taxpayer information obtained from the department pursuant to the exchange agreement authorized under this subparagraph shall be subject to the provisions of RSA 21-J:14.
          (7) The legislative budget assistant and the department of administrative services, provided that disclosure of department records, files, returns, or information to the legislative budget assistant and the department of administrative services shall be only for the purposes of, and to the extent necessary for, the development, maintenance, and updating of databases necessary for the operation of the tax policy simulation and forecasting models authorized pursuant to 1999, 338:23. The legislative budget assistant may disclose such information to any consultant under contract with the fiscal committee of the general court pursuant to 1999, 338:23 for the development, maintenance, or updating of the tax policy modeling system. Disclosure of confidential tax information under this exception shall be limited as follows:
             (A) Federal records shall only be disclosed according to federal law, regulations, and any compacts or agreements between the department and the Internal Revenue Service;
             (B) Information disclosed pursuant to this subparagraph shall not include records, files, returns, or information disclosed to officers or employees of the department by any other state pursuant to a compact for the exchange of information between the department and any other state unless permitted by such state or compact; and
             (C) Information disclosed shall not be further disclosed to persons other than officers or employees of the department of administrative services, of the legislative budget assistant, or of the consultant. Officers or employees of the department of administrative services, the legislative budget assistant, or the consultant having in their custody or control any confidential taxpayer information obtained from the department pursuant to this subparagraph shall be subject to the provisions of RSA 21-J:14.
       (e) Disclosure of department records, files, or returns to any other state in accordance with compacts for the exchange of information between the department and any other state, but only for the purpose of and to the extent necessary in the administration of tax laws of such other state.
    VI. No exception in paragraph IV or V shall be construed to authorize disclosure to the governor of New Hampshire or a designee or representative of the governor of New Hampshire.
    VII. The commissioner of the department of revenue administration may limit disclosure of information to a greater degree than provided for herein when such further limitation is necessary to comply with compacts for the exchange of information with the Internal Revenue Service of the United States and any other state which has entered into a compact with the department as provided in RSA 21-J:14, V(e).
    VIII. Violation of this section is a misdemeanor and if the offender is an officer or an employee of the state or an officer or employee of a vendor which has entered into a contractual agreement with the department under RSA 21-J:3, XX, or has entered into a contractual agreement with the state and is authorized by law to receive information made confidential and privileged by this section, such officer or employee or such vendor shall in addition be removed from office or dismissed from employment.
    IX. Persons who make unauthorized disclosures of confidential and privileged information disclosed under the exceptions contained in paragraph V and unauthorized persons who make any unauthorized disclosures of confidential and privileged information in violation of this section shall be subject to the penalties provided in paragraph VIII.
    X. Disclosure of returns and return information filed under RSA 87 may be made to the register of probate and the probate court having jurisdiction over the estate of the decedent, but only for the purpose of and to the extent necessary for the administration of such tax laws.
    XI. Returns or other documents mailed to a vendor of the department for the processing and depositing of tax revenues on behalf of the department shall be confidential records of the department upon their receipt by the vendor. The vendor and its employees having any access to this confidential information shall be subject to the provisions of RSA 21-J:14.

Source. 1985, 204:1. 1987, 391:4, II, III; 408:7, 8. 1991, 348:1; 362:7-9. 1992, 40:1. 1995, 310:6, eff. Nov. 1, 1995. 1997, 211:1, eff. July 1, 1997. 2001, 289:2, eff. July 17, 2001. 2002, 165:10, 11, eff. May 15, 2002; 232:2, eff. Jan. 1, 2003.

Section 21-J:14-a Assessing Standards Board; Members; Appointments; Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

Assessing Standards Board

Section 21-J:14-a

    21-J:14-a Assessing Standards Board; Members; Appointments; Terms. –
    I. There is hereby established an assessing standards board which shall be administratively attached to the department of revenue administration, as provided in RSA 21-J:1-a.
    II. The board shall be comprised of the following members:
       (a) Five members nominated by the New Hampshire Association of Assessing Officials and appointed by the governor with the consent of the council, one of whom shall be an assessing official for a town with a population of less than 5,000; one of whom shall be an assessing official for a town with a population of more than 5,000; and one of whom shall be an assessing official for a city. Each member shall hold office for the term of such member's position for 2 years and until a successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.
       (b) Two members of the senate appointed by the president of the senate. The term of each member shall be coterminous with the member's term as senator. A vacancy for an unexpired term shall be filled by the president of the senate.
       (c) Two members of the house of representatives appointed by the speaker of the house. The term of each member shall be coterminous with the member's term as representative. A vacancy for an unexpired term shall be filled by the speaker of the house.
       (d) The commissioner of the department of revenue administration, or the commissioner's designee.
       (e) Three members of the public appointed by the governor with the consent of the council, at least one of whom shall be a selectman in a town with a population of 5,000 or less.
    III. Members of the assessing standards board who are not state employees or legislators shall each be paid $25 a day for such time as the members are actually engaged in the work of the board. All members shall be paid their actual expenses incurred as the result of such work. Non-legislative members shall be paid mileage at the same rate as state employees, but legislative members shall receive mileage at the legislative rate.
    IV. The board shall annually elect a chairperson from among its members. The first meeting of the board shall be called by the first-named house member and shall be held within 30 days after the effective date of this section. A chairperson shall be elected from the board's membership at the first meeting and annually thereafter.

Source. 2001, 297:2, eff. Sept. 15, 2001.

Section 21-J:14-b Powers and Duties of the Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

Assessing Standards Board

Section 21-J:14-b

    21-J:14-b Powers and Duties of the Board. –
    I. The assessing standards board shall adopt rules, pursuant to RSA 541-A, and recommend appropriate legislation relative to:
       (a) The annual update and publication of an assessing procedures manual for selectmen and boards of assessors. Such manual shall include the department of revenue administration's appraisal manual, a calendar of tasks to be completed on a periodic basis including those tasks required by state statute, and such other information as the board deems necessary. The board shall examine the report of the expert hired by the department of revenue administration.
       (b) Standards to be followed by assessors, selectmen, and boards of assessors throughout the state, relating to the administration of the property tax and assessment of real property used in any state property tax system.
       (c) The establishment of certification, continuing education, and revocation and suspension standards for assessing officials. The commissioner of the department of revenue administration shall be responsible for enforcement of those standards.
       (d) The establishment of standards for monitoring of local assessment practices by the department of revenue administration, standards for the adequacy of tax maps and other records, and standards for audit by the department of revenue administration of municipalities.
       (e) The identification of practices which constitute sales-chasing and penalties to be adopted by the legislature regarding such practices.
       (f) Forms and procedures necessary to fulfill the duties of the board consistent with board recommendations and to assure a fair opportunity for public comment.
       (g) Any study conducted for the purpose of determining the status of assessing practices or the improvement of assessing in the state.
    II. All standards and practices developed or identified by the board, pursuant to this section, shall be reviewed and updated annually. The board shall hold a series of at least 3 public forums annually throughout the state to receive general comment through verbal and written testimony on assessing standards and practices. After the public forums are concluded and the board has made its recommended changes, in accordance with paragraph III, the board shall proceed to adopt any proposed rules.
    III. The board, on or before December 1 of each year, shall report its findings and recommendations for proposed legislation to the governor, the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, and the state library.

Source. 2001, 297:2, eff. Sept. 15, 2001.

Section 21-J:14-c Equalization Standards Board; Members; Appointments; Terms.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

Equalization Standards Board

Section 21-J:14-c

    21-J:14-c Equalization Standards Board; Members; Appointments; Terms. –
    I. There is hereby established an equalization standards board which shall be administratively attached to the department of revenue administration, as provided in RSA 21-J:1-a.
    II. The board shall be comprised of the following members:
       (a)(1)(A) One member nominated by the New Hampshire Association of Counties and appointed by the governor with the consent of the council.
             (B) One member nominated by the New Hampshire School Boards Association and appointed by the governor with the consent of the council.
             (C) One member nominated by the New Hampshire Municipal Association and appointed by the governor with the consent of the council.
             (D) Two members nominated by the New Hampshire Association of Assessing Officials and appointed by the governor with the consent of the council, one of whom shall be an assessing official for a town with a population of less than 5,000, the other of whom shall be an assessing official for a town or city with a population of more than 5,000.
          (2) Each member appointed under subparagraph (a)(1) shall hold office for 2 years, and until such member's successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.
       (b) Three members of the public, one of whom shall have experience with equalization processes and one with experience in statistics, appointed by the governor with the consent of the council. Each member shall serve for a term of 3 years and until such member's successor shall have been appointed and qualified. Any vacancy shall be filled for the unexpired term by the governor with the consent of the council.
       (c) Two members of the senate, appointed by the president of the senate. The term of each member shall be coterminous with the member's term as senator. A vacancy for an unexpired term shall be filled by the president of the senate.
       (d) Two members of the house of representatives, appointed by the speaker of the house. The term of each member shall be coterminous with the member's term as representative. A vacancy for an unexpired term shall be filled by the speaker of the house.
       (e) The commissioner of the department of revenue administration, or the commissioner's designee.
    III. Members of the equalization standards board who are not state employees or legislators shall each be paid $25 a day for such time as the members are actually engaged in the work of the board. All members shall be paid their actual expenses incurred as a result of such work. Non-legislative members shall be paid mileage at the same rate as state employees, but legislative members shall receive mileage at the legislative rate.
    IV. The first meeting of the board shall be called by the first-named senate member and shall be held within 30 days after the effective date of this section. A chairperson shall be elected from among the board's membership at the first meeting and annually thereafter.

Source. 2001, 297:2, eff. Sept. 15, 2001.

Section 21-J:14-d Powers and Duties of the Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 21-J
DEPARTMENT OF REVENUE ADMINISTRATION

Equalization Standards Board

Section 21-J:14-d

21-J:14-d Powers and Duties of the Board. – The equalization standards board shall have the following powers and duties:
I. The board shall meet, at least annually, to review the procedures of the prior year's ratio studies conducted by the department of revenue administration for the purposes of equa

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