TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:1

    1:1 Perambulation of the New Hampshire Line With the Adjoining States of Maine, Massachusetts and Vermont. – The boundary lines between the state of New Hampshire and the states of Maine and Vermont and the Commonwealth of Massachusetts shall be perambulated and the bounds renewed whenever necessary.

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

 Section 1:2 Notice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:2

    1:2 Notice. – The governor, with the advice and consent of the council, shall authorize the commissioner of the department of transportation in consultation with the attorney general to notify and make such arrangements with the proper authorities of the adjoining state as may be necessary to carry out the provisions of this chapter.

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

 Section 1:3 Return.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:3

    1:3 Return. – A return of each perambulation shall be made describing the marks and monuments of such line and particularly describing any change of location or resetting of any monument as authorized in this chapter, and such return shall be signed by the duly authorized representative of both states and a copy filed with the secretary of state.

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

 Section 1:4 Expense.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:4

    1:4 Expense. – All expenses incurred in each perambulation shall be shared equally between the 2 states. The governor is authorized to draw a warrant for New Hampshire's share out of any money in the treasury not otherwise appropriated.

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

 Section 1:5 Perambulation of the New Hampshire--Massachusetts State Line.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:5

    1:5 Perambulation of the New Hampshire--Massachusetts State Line. – The perambulation of the boundary line between the state of New Hampshire and the Commonwealth of Massachusetts shall be as established and marked on land under the provisions of 1901, 115:1.

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

 Section 1:6 Perambulation of New Hampshire--Maine State Line.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:6

    1:6 Perambulation of New Hampshire--Maine State Line. – The perambulation of the boundary line between the state of New Hampshire and the state of Maine shall be as established and marked on land under the provisions of the 1947, 115 and shall extend from Bryant's Rock at East Pond to the Canadian line.

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

 Section 1:7 Perambulation of New Hampshire--Vermont State Line.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:7

    1:7 Perambulation of New Hampshire--Vermont State Line. – The perambulation of the boundary line between the state of New Hampshire and the state of Vermont shall be as established and marked on land under the provisions of the opinion and associated decrees of the United States Supreme Court in the case of Vermont v. New Hampshire, 290 U.S. 579 (1933).

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

 Section 1:7 Perambulation of New Hampshire--Vermont State Line.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:7

    1:7 Perambulation of New Hampshire--Vermont State Line. – The perambulation of the boundary line between the state of New Hampshire and the state of Vermont shall be as established and marked on land under the provisions of the opinion and associated decrees of the United States Supreme Court in the case of Vermont v. New Hampshire, 290 U.S. 579 (1933).

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

 Section 1:8 Preservation of Monuments on State Boundaries.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:8

    1:8 Preservation of Monuments on State Boundaries. – No person shall willfully or maliciously disturb or injure, or, except as herein provided, remove, obliterate, deface or cover up any monument or mark designating a boundary line between the state of New Hampshire and an adjoining state. Any person desirous of removing and/or replacing any such monument or mark may apply to the commissioner of the department of transportation. In addition, no person shall begin or attempt to begin any alteration or improvement of the banks or bed of the Connecticut river, the erection of any building, dam, or other structure upon the banks or bed of said river or any other operations which will affect the waters or flow of said river so as to make difficult the ascertaining of the location of the boundary line between this state and the state of Vermont without first applying to the commissioner of the department of transportation.

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

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

 Section 1:11 Penalty for Alteration Without Application and Permit.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:11

    1:11 Penalty for Alteration Without Application and Permit. – Whoever violates the provisions of RSA 1:8 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

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

 Section 1:12 Notice.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:12

    1:12 Notice. – [Repealed 2000, 35:2, I, eff. Jan. 1, 2001.] Section 1:13 Return.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Section 1:13

    1:13 Return. – [Repealed 2000, 35:2, II, eff. Jan. 1, 2001.] Section 1:14 Extent.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:14

    1:14 Extent. – Subject to such lateral marine boundaries as have been, are herein or shall hereafter be legally established between this state and the state of Maine and the commonwealth of Massachusetts, the territorial limits and jurisdiction of this state shall extend to and over, and be exercisable with respect to, waters offshore the coast of this state as follows:
    I. MARGINAL SEA. The marginal sea to its outermost limits as said limits may from time to time be defined or recognized by the United States of America by international treaty or otherwise. The coastal baseline of this state from which the breadth of the marginal sea is measured shall be drawn in conformity with the treaties to which the United States is a party. Subject to future change as hereinabove set forth, the marginal sea is three nautical miles in breadth.
    II. THE HIGH SEA. Beyond the marginal sea, to the outer limits of the territorial sea of the United States of America and to whatever limits may be recognized by the usages and customs of international law or any treaty or otherwise according to law. This state claims title for a distance of two hundred nautical miles from the coastal baseline of the state, or to the base of the continental shelf, whichever distance is the greater.
    III. SUBMERGED LAND. All submerged land, including the subsurface thereof, lying under the aforementioned waters.

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

 Section 1:15 Lateral Boundaries.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:15

    1:15 Lateral Boundaries. – Until otherwise established by law, interstate compact or judgment of the supreme court of the United States, the lateral marine boundaries of this state shall be and are hereby fixed as follows:
    I. Adjoining the State of Maine: Beginning at the midpoint of the mouth of the Piscataqua River; thence southeasterly in a straight line to the midpoint of the mouth of Gosport Harbor of the Isles of Shoals; thence following the center of said harbor easterly and southeasterly and crossing the middle of the breakwater between Cedar Island and Star Island on a course perpendicular thereto, and extending on the last-mentioned course to the line of mean low water; thence 102%A1 East (true) to the outward limits of state jurisdiction as defined in RSA 1:14. As to that section of the lateral marine boundary lying between the mouth of the Piscataqua River and the mouth of Gosport Harbor in the Isles of Shoals, the so-called line of "lights on range'', namely, a straight line projection south-easterly to the Isles of Shoals of a straight line connecting Fort Point Light and Whaleback Light shall be prima facie the lateral marine boundary for the guidance of fishermen in the waters lying between Whaleback Light and the Isles of Shoals.
    II. Adjoining the Commonwealth of Massachusetts: As defined in chapter 115, 1901; and thence one hundred and seven degrees East (true) to the outward limits of state jurisdiction, as defined in RSA 1:14.
    III. The fixation of lateral marine boundaries herein is without prejudice to the rights of this state to other marine territory shown to belong to it. By the fixation of the foregoing lateral marine boundaries, this state intends to assert title to its just and proportional share of the natural resources in the Atlantic Ocean lying offshore its coastline and within the limits defined in RSA 1:14.

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

 Section 1:16 Ownership.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:16

    1:16 Ownership. – The ownership of the waters and submerged lands enumerated in or described in RSA 1:14 and 15 shall be in this state. The department of resources and economic development and the fish and game department, in cooperation with other interested agencies and departments of the state and with the approval of the governor and council, shall be authorized to issue rules and regulations for the purpose of protecting fishing rights, marine life, mining and mineral rights and oil and gas rights of the state and to control pollution in the seaward territory of the state as defined in RSA 1:14, II and III.

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

 Section 1:17 Application of Laws.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:17

    1:17 Application of Laws. – The jurisdiction of the courts of this state over civil and criminal matters shall extend to all territory within the marine boundaries of this state as defined in this subdivision, which has not been heretofore incorporated in any town, city or county. In such event, all such proceedings may be instituted in the district or municipal court of the district or municipality closest to the place where the alleged offense occurred or cause of action arose or in the superior court holden in Rockingham county, to the same extent as if the alleged offense occurred or cause of action arose within said district, municipality or county, any other jurisdiction or venue statute to the contrary notwithstanding.

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

 Section 1:18 Law Enforcement Zone.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:18

    1:18 Law Enforcement Zone. – Notwithstanding the provisions of RSA 1:17, the code of criminal laws of the state as set forth in RSA Titles LVIII and LXII, and the fish and game laws and regulations of the state in RSA Title XVIII shall not be applied and enforced easterly of the outer line of the marginal sea as defined in RSA 1:14, I, until such time as the governor by proclamation made with the advice and consent of the council determines that the public interest requires application of such laws and regulations easterly of such line and that the capacity of the state so permits. The limitations contained in this section are without prejudice to the claims of this state to the larger marine territory defined in RSA 1:14-16.

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

 Section 1:19 Penalty.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 1
STATE BOUNDARIES

Seaward Limits of Jurisdiction

Section 1:19

    1:19 Penalty. – Notwithstanding the provisions of RSA Title LXII, any person, natural or otherwise, convicted of violating any rule, regulation or specific laws promulgated for the purposes of protecting the rights enumerated in this subdivision, shall be punished by a fine not to exceed $10,000.

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.

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

 Section 2:2 Custody of Survey.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 2
AERIAL SURVEY

Section 2:2

    2:2 Custody of Survey. – [Repealed 1973, 450:5, eff. July 1, 1973.] Section 2:3 Disposal of Prints.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 2
AERIAL SURVEY

Section 2:3

    2:3 Disposal of Prints. – [Repealed 1973, 450:6, eff. July 1, 1973.] Section 2:4 Fund Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 2
AERIAL SURVEY

Section 2:4

    2:4 Fund Established. – [Repealed 1973, 450:7, eff. July 1, 1973.] Section 2:5 Cooperation with Other Agencies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 2
AERIAL SURVEY

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
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Compensation of Governor and Councilors

Section 4:42

    4:42 Councilors' Compensation. – The members of the governor's council shall be paid a salary as prescribed in RSA 94:1-a.

Source. RS 228:23. CS 224:22. 1866, 4311:1. GS 271:17, 21. 1876, 45:1. GL 289:17, 21. PS 286:21. 1905, 110:1. PL 19:36. RL 27:46. 1953, 265:1. RSA 4:42. 1957, 274:15. 1977, 600:35, eff. July 1, 1977.

 Section 4:43 Naming of Certain Buildings and Formations.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Miscellaneous Provisions

Section 4:43

    4:43 Naming of Certain Buildings and Formations. –
    I. No state park, bridge, mountain, road, river, or body of water under the control of the state, shall be renamed without legislative approval.
    II. Notwithstanding the provisions of paragraph I, if real estate is acquired by the state by gift or by purchase, and one of the requirements of the acquisition is that the real estate be named after a particular person or place, the real estate shall be so named without legislative approval.
    III. The commissioner of the department of resources and economic development may name certain buildings within the state park system, subject to the approval of governor and council.

Source. 1971, 100:1. 1995, 60:1, eff. July 8, 1995.

 Section 4:44 Hearing Prior to Confirmation of Judicial Appointment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Miscellaneous Provisions

Section 4:44

    4:44 Hearing Prior to Confirmation of Judicial Appointment. – Prior to making any judicial appointment with the governor under the provisions of the constitution, the executive council shall hold a public hearing to allow any member of the public who so desires to offer testimony on the prospective judicial appointee. Notice of the hearing shall be provided at least 7 days prior to the date of the hearing in at least 2 newspapers of statewide circulation. Prior to making the judicial appointment, the executive council shall consider the testimony made at the public hearing.

Source. 1997, 159:2, eff. Aug. 8, 1997.

 Section 4:45 State of Emergency Declaration; Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Miscellaneous Provisions

Section 4:45

    4:45 State of Emergency Declaration; Powers. –
    I. The governor shall have the power to declare a state of emergency, as defined in RSA 21-P:35, VIII, by executive order if the governor finds that a natural, technological, or man-made disaster of major proportions is imminent or has occurred within this state, and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. The general court shall have the same power to declare a state of emergency by concurrent resolution of the house and senate. An executive order or concurrent resolution declaring a state of emergency shall specify the:
       (a) Nature of the emergency;
       (b) Political subdivisions or geographic areas subject to the declaration;
       (c) Conditions that have brought about the emergency; and
       (d) Duration of the state of emergency, if less than 21 days.
    II. (a) A state of emergency shall terminate automatically 21 days after its declaration unless it is renewed under the same procedures set forth in paragraph I of this section. The governor may, by executive order, renew a declaration of a state of emergency as many times as the governor finds is necessary to protect the safety and welfare of the inhabitants of this state.
       (b) If the governor finds that maintaining the state of emergency is no longer justified, the governor shall issue an executive order terminating the state of emergency.
       (c) The legislature may terminate a state of emergency by concurrent resolution adopted by a majority vote of each chamber. The governor's power to renew a declaration of a state of emergency shall terminate upon the adoption of a concurrent resolution under this subparagraph; provided, however, that such resolution shall not preclude the governor from declaring a new emergency for different circumstances under paragraph I of this section.
    III. During the existence of a state of emergency, and only for so long as such state of emergency shall exist, the governor shall have and may exercise the following additional emergency powers:
       (a) To enforce all laws, rules, and regulations relating to emergency management and to assume control of any or all emergency management forces and helpers in the state.
       (b) To sell, lend, lease, give, transfer, receive, or deliver materials or perform services for emergency management purposes on such terms and conditions as the governor shall prescribe and without regard to the limitations of any existing law, and to account to the state treasurer for any funds received for such property.
       (c) To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the state and to take such steps as are necessary for the receipt and care of such evacuees.
       (d) Subject to the provisions of the state constitution, to remove from office any public officer having administrative responsibilities under RSA 21-P:34 through 21-P:48. Such removal shall be upon charges after service upon such person of a copy of such charges and after giving him or her an opportunity to be heard in his or her defense. Pending the preparation and disposition of charges, the governor may suspend such person for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section shall be filled by the governor until it is filled as otherwise provided by law.
       (e) To perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population.
       (f) To declare an emergency temporary location or locations for the seat of state government at such place or places within this state as the governor may deem advisable under the circumstances and to take such action and issue such orders as may be necessary for an orderly transaction of the affairs of state government to such emergency temporary location or locations. Such emergency temporary location or locations shall remain the seat of government until the legislature shall by law establish a new location or locations or until the state of emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

Source. 2002, 257:4, eff. July 1, 2002.

 Section 4:46 Taking of Private Property; Compensation and Use.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Miscellaneous Provisions

Section 4:46

    4:46 Taking of Private Property; Compensation and Use. –
    I. Whenever a state of emergency is declared or invoked and the taking of real or personal property is required, the governor with the advice and consent of the executive council may, by warrant specifying the particular real property and the personal property by specification of the types, quantities, and general location, together with the names of the owners, when known, authorize the director of the division of fire safety and emergency management, by his or her agents, to:
       (a) Take possession of any private real estate and the improvements on it for a limited period.
       (b) Take title in the name of the state to any such improvement when the exigencies of the situation require its destruction.
       (c) Take possession or title in the name of the state to:
          (1) Any high explosives, except small arms ammunition.
          (2) Any horses, vehicles, motor vehicles, aircraft, ships, boats, or any other means of conveyance, including the rolling stock of railroads or of motor bus transportation.
          (3) Any cattle, poultry, provisions for man or beast, clothing, bedding, medicines and medical supplies in excess of the reasonable and immediate needs of the owner and the owner's household.
          (4) Any fuel for heating or other necessary purposes.
          (5) Any gasoline or other means of engine propulsion, or any communications equipment or systems.
    II. Takings under this section shall be strictly limited to the necessities of the situation. The person proposing to take possession of any such property in the name of the state shall present to the owner or person in possession or control of the property a copy of the warrant under which the person purports to act certified by the director of the division of fire safety and emergency management. Upon taking possession or control of such property the person shall present a receipt specifically listing the property so taken and specifically referring to the warrant authorizing the taking.
    III. Whenever possession of any real estate or title to any personal property is taken under this section, its owner or possessor, hereinafter referred to as the claimant, shall be entitled to damages on account of such taking. Upon the taking of any such property, the chief justice of the superior court is authorized to appoint a commission of 3 suitable persons to assess fair and just compensation in cases in which the amount cannot be determined by agreement. The chief justice shall fix the per diem compensation of the members of the commission and fill any vacancies which may occur. The commission shall determine what sum shall justly compensate the claimant for the property so taken and may in the performance of its duties hire, and the state shall pay for the services of, such skilled and disinterested appraisers as the commission shall deem necessary to assist it in the performance of its duty.
    IV. Any claimant aggrieved by the award made by the commission may appeal to the superior court from the decision within 60 days from the granting of the award. All final awards of judgments entered against the state in such proceedings and the fees and expenses of the commission shall be promptly paid by the state treasurer, on warrant of the governor and council, from any money in the general fund of the treasury not otherwise appropriated.
    V. The property taken under this section shall be used in such manner as the governor, with the advice and consent of the executive council, shall deem in the best interests of the state, its inhabitants or the United States, which manner may include the sale at the prevailing market price or the gratuitous distribution of the articles enumerated in subparagraphs I(c)(3), (4) and (5). All moneys derived from the sale of any such property shall be paid over to the state treasurer and deposited in the general fund of the state.
    VI. Any person who willfully takes possession of, or attempts to take possession of, property, purporting to act under this section but without authority to so act, whether by false pretense or otherwise, upon conviction, shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person, and 1/2 of any fine imposed shall be paid to the owner of the property and 1/2 to the county.

Source. 2002, 257:4, eff. July 1, 2002.

 Section 4:47 Emergency Management Powers.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 4
POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES

Miscellaneous Provisions

Section 4:47

    4:47 Emergency Management Powers. – The governor shall have emergency management authority as defined in RSA 21-P:35, V, and pursuant to such authority may exercise emergency management powers including:
    I. The power to enter into mutual aid agreements with other states relative to emergency management issues.
    II. The power to provide for emergency lines of succession to such appointive offices in the state government as the governor in his or her discretion deems to be necessary to insure reasonable continuity of state government in the event of a disaster.
    III. The power to make, amend, suspend and rescind necessary orders, rules and regulations to carry out the provisions of this subdivision in the event of a disaster beyond local control.
    IV. The power to cooperate with the President of the United States and the commanders of the United States armed forces, the Emergency Management Agency of the United States, and other appropriate federal officers and agencies of other states in matters pertaining to the emergency management of the state and nation, including the direction and control of:
       (a) Drills, mobilization of emergency management forces, and other tests and exercises;
       (b) Warnings and signals for drills or actual emergencies and the mechanical devices to be used in connection with them; and
       (c) The evacuation and reception of the civilian population.

Source. 2002, 257:4, eff. July 1, 2002.

 Section 4-A:1 Declaration of Purpose.

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.

Source. 1979, 436:4. 1988, 121:11, eff. Oct. 1, 1988.

 Section 5:6-c Printing.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:6-c

    5:6-c Printing. – The secretary of state is authorized to contract for printing in connection with his duties under the election laws. The provisions of RSA 8 relative to competitive bidding for state purchases shall not apply to contracts entered into by the secretary of state hereunder.

Source. 1979, 436:4, eff. July 1, 1979.

 Section 5:7 to 5:9 Repealed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:7-9

    5:7 to 5:9 Repealed. – [Repealed 1971, 353:1, eff. Aug. 24, 1971.] Section 5:10 Office Fees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:10

    5:10 Office Fees. – Except as otherwise provided, the following fees shall be paid to the secretary of state for the use of the state: For every commission issued to a justice of the peace or to a notary public, $50; for every certificate pertaining to the existence of a corporation, trade name, or other business entity, or writ served on the same, $5; for every such certificate in long form, $10; for every other certificate under seal of the state, $5; for engrossing private acts, $1 for each page of 240 words.

Source. RS 229:23. CS 245:23. GS 272:24. GL 290:24. PS 287:29. 1893, 64:2. 1919, 59:1. 1921, 84:1. PL 14:15. RL 21:15. 1949, 265:12. RSA 5:10. 1977, 563:35. 1987, 393:7. 1990, 3:19, eff. Feb. 20, 1990.

 Section 5:11 Account of Fees.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:11

    5:11 Account of Fees. – [Repealed 1994, 381:2, eff. June 9, 1994.] Section 5:12 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:12

    5:12 Reports. – [Repealed 1995, 201:5, eff. Aug. 11, 1995.] Section 5:13 Commissions and Boards Functioning Within Department.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:13

    5:13 Commissions and Boards Functioning Within Department. – The ballot law commission, the boxing and wrestling commission, the board of accountancy and the joint board of engineers, architects, land surveyors, and natural scientists shall each function within the department of state as a separate organizational entity and with all the powers and duties as heretofore provided, except as otherwise provided by law.

Source. 1950, 5, part 4:2. RSA 5:13. 1985, 416:13. 1989, 37:1, eff. June 11, 1989.

 Section 5:13-a New Hampshire Real Estate Commission Administratively Attached.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:13-a

    5:13-a New Hampshire Real Estate Commission Administratively Attached. – The New Hampshire real estate commission established under RSA 331-A:1-a shall be administratively attached, under RSA 21-G:10, to the department of state.

Source. 1987, 287:3, eff. May 25, 1987.

 Section 5:13-b Real Estate Appraiser Board.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:13-b

    5:13-b Real Estate Appraiser Board. – The real estate appraiser board established under RSA 310-B shall be administratively attached, under RSA 21-G:10, to the department of state.

Source. 1990, 167:1, eff. April 27, 1990.

 Section 5:14 Licensing Board or Commission Regulations to be Available.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:14

    5:14 Licensing Board or Commission Regulations to be Available. – The secretary of state shall have available the rules and regulations affecting the issuance of licenses or certificates of registration by each professional or trade licensing or registering board or commission enumerated in RSA 5:13; he shall require from the secretary of each of said boards or commissions such information as will enable him to carry out the purposes hereof.

Source. 1950, 5, part 4:2, eff. June 30, 1950.

 Section 5:15 Uniform Records for Licensing Boards and Commissions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:15

    5:15 Uniform Records for Licensing Boards and Commissions. – So far as practicable, and after consultation with the professional and trade licensing and registering boards and commissions within the department of state, the secretary of state shall prescribe uniform procedures for all secretarial and recording activities of said boards and commissions.

Source. 1950, 5, part 4:2, eff. June 30, 1950.

 Section 5:15-a Trade Agreement With Canada.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Department and Secretary of State

Section 5:15-a

    5:15-a Trade Agreement With Canada. – The department of state, in accordance with the Free Trade Agreement between the United States and Canada, shall provide any corporate registration information necessary under RSA 293-A for the purpose of promoting business, labor and trade opportunities with Canada.

Source. 1989, 180:1, eff. July 16, 1989.

 Section 5:16 Oath; Bond; Removal.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Deputy Secretary

Section 5:16

    5:16 Oath; Bond; Removal. – The deputy secretary of state before entering upon the duties of his office shall take the oaths required by article 84 of the constitution, and give bond in the sum of $10,000, with sufficient sureties to the satisfaction of the governor and council, for the faithful and punctual performance of such duties. He may be removed by the secretary.

Source. Const. II, 69. 1857, 1969:2. 1866, 4269:1. GS 13:7. GL 14:7. PS 15:2. PL 14:9. RL 21:9.

 Section 5:17 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Deputy Secretary

Section 5:17

    5:17 Duties. – The deputy secretary of state shall exercise the duties of the office of secretary of state while the latter is absent, or unable from any cause to act.

Source. Const. II, 69. GS 13:9. GL 14:9. PS 15:3. PL 14:10. RL 21:10.

 Section 5:18 Salary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Deputy Secretary

Section 5:18

    5:18 Salary. – The annual salary of the deputy secretary of state shall be that prescribed by RSA 94:1-4.

Source. 1866, 4269:2. GS 271:3. GL 289:3. PS 286:4. 1893, 1:1. 1909, 81:1, 2. 1915, 24:1. 1917, 220:8. 1919, 117:1. 1921, 118:1. PL 14:13. 1927, 133:1. RL 21:13. 1953, 265:1, eff. July 1, 1953.

 Section 5:18-a Requirements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Contracts

Section 5:18-a

    5:18-a Requirements. – In addition to any other requirements, no contract for personal services, under which the total of payments equals $1,000 or more, in lump sum or installments, between the state and a nonresident corporation, partnership or association or between the state and a resident doing business under a name other than his own, shall be valid unless the contract shall have attached to it evidence of registration with the secretary of state as required under RSA 293-A, 305-A or 349. This requirement shall not apply to a nonresident corporation not organized for profit, except that each contract between the state and a resident or nonresident corporation, partnership or association shall have attached to the contract evidence of authority of the parties to execute and be bound by the contract.

Source. 1969, 85:1. 1975, 215:1. 1989, 256:1, eff. May 26, 1989.

 Section 5:19 Preservation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Province Records

Section 5:19

    5:19 Preservation. – The records of all the courts of the province of New Hampshire and all the records of deeds and all the probate records, and all the original papers of the province of New Hampshire prior to the time the act for the division of said province into counties took effect, shall be kept by the secretary of state in the division of records management and archives.

Source. 1897, 55:1. 1899, 63:1, 2. PL 14:16. RL 21:16. RSA 5:19. 1994, 381:1, eff. June 9, 1994.

 Section 5:20 Copies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Province Records

Section 5:20

    5:20 Copies. – The secretary of state, whenever requested and paid for so doing, shall furnish copies of any of said records, and such copies, when certified by the secretary or his deputy and authenticated by the seal of the state, shall be evidence in like manner as the originals.

Source. 1899, 63:3. PL 14:17. RL 21:17.

 Section 5:21 Fee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Province Records

Section 5:21

    5:21 Fee. – The fee for furnishing copies of records as provided in the preceding section shall be $1 for each page of 240 words.

Source. 1949, 265:13, eff. June 22, 1949.

 Section 5:22 Facsimile Signature.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Facsimile Signature

Section 5:22

    5:22 Facsimile Signature. – The secretary of state, the deputy secretary of state, or the designee of either may affix a facsimile signature to any record or certificate required or permitted to be issued by them.

Source. 1977, 407:36, eff. Sept. 3, 1977.

 Section 5:23 Assistant Secretary of State; Office Supervisor.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Assistant Secretaries of State

Section 5:23

    5:23 Assistant Secretary of State; Office Supervisor. –
    I. The secretary of state may appoint assistant secretaries of state within the limits of the appropriation made for the department of state who shall serve at the pleasure of the secretary of state. The salary of an assistant secretary of state shall be set by the secretary of state in accordance with the provisions of RSA 94:1-4.
    II. If there is a vacancy in the office of an assistant secretary of state appointed under paragraph I, the secretary of state may instead appoint an office supervisor in accordance with state personnel rules. The appropriation for the vacant assistant secretary of state position shall be used to fund the position of office supervisor. The office supervisor shall be a classified employee and shall be classified at least labor grade 22. The office supervisor shall perform such duties as may be assigned by the secretary of state.

Source. 1977, 600:18. 1985, 292:3. 1987, 275:1. 1989, 254:2, eff. July 25, 1989.

 Section 5:24 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Assistant Secretaries of State

Section 5:24

    5:24 Duties. – An assistant secretary of state shall perform such duties as may be assigned to him by the secretary of state.

Source. 1977, 600:18, eff. Oct. 26, 1977.

 Section 5:25 Declaration of Policy.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:25

    5:25 Declaration of Policy. – The legislature declares that a program for the efficient and economical management of state and local records will promote economy and efficiency in the day-to-day record-keeping activities of the state government and will facilitate and expedite government operations. The legislature further declares that the interests of the state and of posterity require the establishment of archives in which may be preserved records, papers, and documents having permanent and historical value.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:26 Short Title.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:26

    5:26 Short Title. – This subdivision shall be known as "Records Management and Archives Act.''

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:27 Division Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:27

    5:27 Division Established. – There shall be a division of records management and archives in the department of state, under the executive direction of the state archivist.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:28 Appointment of Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:28

    5:28 Appointment of Director. – The secretary of state, with the approval of governor and council, shall appoint the director of the division of records management and archives, who shall be known as the state archivist and who shall be an unclassified state employee. The director shall have a minimum of a master's degree in library science or history and prior experience as an archivist or experience in a related field. The term of office for the state archivist shall be for 4 years. Any vacancy shall be filled for the unexpired term. The salary of the state archivist shall be as specified in RSA 94:1-a.

Source. 1987, 353:1. 1989, 65:1, eff. June 18, 1989.

 Section 5:29 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:29

    5:29 Definitions. – In this subdivision:
    I. "Agency'' means any department, office, commission, board, or other unit, however designated, or the executive branch of state government.
    II. "Archives'' means records having permanent or historical value.
    III. "Director'' means the director of the division of records management and archives of the department of state.
    IV. "Local record'' means a record of any county, city, town, district, or authority or of any public corporation or political entity whether organized and existing under charter or under general law, unless the record is designated or treated as a state record under state law.
    V. "Record'' means document, book, paper, manuscript, drawing, photograph, map, sound recording, microform, or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for library use or exhibition purposes, extra copies of documents preserved only for convenience or reference, and stocks of publications and of processed documents are "nonrecord materials'' and are not included within this definition of records.
    VI. "Records center'' means the depository of records and archives.
    VII. "State record'' means:
       (a) A record of a department, office, commission, board, or other agency, however designated, of the state government;
       (b) A record of the state legislature;
       (c) A record of any court of record, whether of statewide or local jurisdiction; or
       (d) Any other record designated or treated as a state record under state law.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:30 Duties of Director.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:30

    5:30 Duties of Director. – The director shall, with due regard for the functions of the agencies concerned, and subject to the approval of the secretary of state:
    I. Establish standards, procedures, and techniques for effective management of records.
    II. Make continuing surveys of paperwork operations and recommend improvements in current records management practices including the use of space, equipment, and supplies employed in creating, maintaining, storing, and servicing records.
    III. Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposal of state records no longer possessing sufficient administrative, legal, or fiscal value to warrant their further keeping.
    IV. Establish standards and formulate procedures for the transfer of records having permanent and historical value to the archives.
    V. Require such reports from agencies as are required for the administration of the program.
    VI. Provide guidance to municipal officials in the arrangement, description, conservation, preservation, and accessibility of municipal archives.
    VII. Collect, arrange, transcribe, and cause to be printed such portions of the early state and provincial records as he may deem expedient in such style, form, and printed quality as he may determine.
    VIII. Provide for the deposit at the records center of photo reproductions of unrecorded documents pertaining to the affairs of public importance of any town or division of the state prior to 1975 which are accompanied by an affidavit recording the source of the document.
    IX. Require town officials having custody of town or parish records, plans, documents, or public papers from prior to the year 1910, to deposit the same at the archives for the purpose of being copied and indexed as specified in RSA 41:64.
    X. Maintain a descriptive inventory and photographic reproduction collection of all portraits and artifacts that belong to the state.
    XI. Maintain, publish, and edit documents which encourage the study of the history of New Hampshire and its constitution through its documented and artifactual heritage.
    XII. Establish and maintain a central microfilming laboratory and establish micrographic standards for public records.
    XIII. Determine which records deposited at the records center shall be microfilmed.
    XIV. Determine the original records to be destroyed upon review and approval of the microfilm of such records.

Source. 1987, 353:1. 1989, 65:2, eff. June 18, 1989.

 Section 5:31 Records Center; Rules.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:31

    5:31 Records Center; Rules. – The director, subject to the supervision of the secretary of state, shall have charge of the records center. He shall, subject to the provisions of RSA 5:40, adopt rules governing:
    I. The organization of the records center.
    II. Transfer of records to the records center.
    III. The inventory of materials in the records center.
    IV. The means of access and reference to records and archives at the records center.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:32 Building and Facilities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:32

    5:32 Building and Facilities. – The state records and archives shall control all space in the state records and archives center. The division of plant and property management shall maintain the state records and archives center in suitable repair and condition for use by the division of records management and archives.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:33 Agency Heads.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:33

    5:33 Agency Heads. – The head of each agency shall:
    I. Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency, consistent with the rules adopted by the director and under the director's supervision.
    II. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agency's activities.
    III. Submit to the director, in accordance with the standards established by him in rules adopted under RSA 5:40, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. The head of each agency shall submit lists of state records in his custody that are of permanent and historical value to the state. He shall likewise submit lists of state records in his custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant their further keeping.
    IV. Cooperate with the director in the conduct of surveys made by him pursuant to the provisions of this subdivision.
    V. Comply with the rules and procedures adopted by the director.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:34 Construction of Subdivision.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:34

    5:34 Construction of Subdivision. – Nothing in this subdivision shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administration of their several departments, or to compel the removal of records deemed necessary by them in the performance of their statutory duties. Any records made confidential by law shall be so treated in the records center.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:35 Local Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:35

    5:35 Local Records. – The director shall accept for permanent storage in the state archives such local records as the municipal records board established under RSA 33-A:4-a may require. Any material so stored may be withdrawn pursuant to rules adopted by the municipal records board.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:36 Assistance to Legislative and Judicial Branches.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:36

    5:36 Assistance to Legislative and Judicial Branches. – Upon request, the director shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of state government pursuant to the provisions of this subdivision.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:37 Records not to be Damaged or Destroyed.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:37

    5:37 Records not to be Damaged or Destroyed. – All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and shall not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:38 Disposal of Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:38

    5:38 Disposal of Records. – Unless otherwise provided by law with respect to particular departments or particular records, records not having a permanent or historical value may be destroyed at the end of 4 years from their making, provided that the rules of the director, as adopted under RSA 5:40, may provide that designated records may be destroyed at an earlier period or require their retention for a longer period.

Source. 1987, 353:1, eff. July 24, 1987. 1996, 239:1, eff. Aug. 9, 1996.

 Section 5:39 Transfer of State Records.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:39

    5:39 Transfer of State Records. – Subject to the limitations of the constitution, the secretary of state may transfer any of his records to the records center and he may transfer reports of state agencies to the state library.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:40 Rules.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:40

    5:40 Rules. – The director, under the supervision of the secretary of state, shall establish a manual of uniform rules necessary and proper to effectuate the purpose of this subdivision. Such rules and any subsequent revisions, when approved by the governor and council, shall be binding upon all officers and employees of the state. Any rules adopted pursuant to this section shall be adopted in accordance with RSA 541-A.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:41 Records from Rockingham County Registry of Deeds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Records Management and Archives

Section 5:41

    5:41 Records from Rockingham County Registry of Deeds. – All records of the Rockingham county registry of deeds recorded as Rockingham county registry of deeds volumes 101-239, inclusive, which do, in fact, contain records of transfers of land now located in other counties of the state, shall be removed by the division of records management and archives from the county building in Exeter to the records and archives center, at a time mutually agreed upon by the director and the Rockingham county register of deeds. The purpose of this section is to remove from the Rockingham county registry of deeds all records concerning real property now located in counties other than Rockingham county.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:42 State Historical Records Advisory Board Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Historical Records Advisory Board

Section 5:42

    5:42 State Historical Records Advisory Board Established. – There is hereby established the state historical records advisory board composed of the state archivist who shall be chairman of the state historical records advisory board and at least 7 members to be appointed by the governor and council. The term of office for each of said appointed members shall be for 3 years. Each member shall hold office until his successor is appointed and qualified. In case of a vacancy other than by expiration of the term, the appointment shall be for the balance of the unexpired term.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:43 Qualifications.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Historical Records Advisory Board

Section 5:43

    5:43 Qualifications. – A majority of the appointed members of the board shall be persons of recognized professional qualifications and experienced in the administration of historical records or in a field of research which makes extensive use of such records. The composition of the board shall be as broadly representative as possible of the public and private archival and research institutions and organizations of the state.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:44 Compensation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Historical Records Advisory Board

Section 5:44

    5:44 Compensation. – The members of the state historical records advisory board shall serve without compensation, but shall be reimbursed their reasonable expenses incurred in the performance of their duties under this subdivision.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:45 Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Historical Records Advisory Board

Section 5:45

    5:45 Duties. – The state historical records advisory board shall serve as a central advisory body for historical records, planning for projects developed and carried out under the program established under RSA 5:25 in the state and in compliance with the National Historical Publications and Records Commission. The board may:
    I. Sponsor surveys regarding the condition and needs of historical records in the state.
    II. Solicit and develop plans for historical records projects.
    III. Review and make recommendations regarding historical records projects proposed by institutions in the state.
    IV. Develop and revise state plans for historical records projects according to established priorities.
    V. Review the operation and progress of approved historical records projects in the state, financed by the National Historical Publications and Records Commission, through the board.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:46 Cooperation with Other Bodies.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

State Historical Records Advisory Board

Section 5:46

    5:46 Cooperation with Other Bodies. – The state historical records advisory board is authorized to cooperate with cities, towns, private groups, and institutions in the state and with agencies of state government, with respect to matters of interest in collecting and preserving historical records.

Source. 1987, 353:1, eff. July 24, 1987.

 Section 5:47 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Local Government Records Management Improvement Program

Section 5:47

    5:47 Definitions. – In this subdivision:
    I. "Fund'' means the New Hampshire local government records management improvement fund.
    II. "Local government'' means cities, towns, or unincorporated places.
    III. "Local government records manager'' means the liaison between the division of records management and archives and the municipalities who shall coordinate the local government records management improvement program.

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

 Section 5:48 Fund Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Local Government Records Management Improvement Program

Section 5:48

    5:48 Fund Established. –
    I. There is hereby established a special fund to be known as the New Hampshire local government records management improvement fund. The fund shall consist of such moneys as may be appropriated or federal and other non-state source grants or funds received for the purposes of this subdivision. The fund shall be managed by the state treasurer, shall be nonlapsing, and shall be continually appropriated for the purposes of this subdivision.
    II. Use of the fund shall be solely for the development and continuance of a full-time local government records management component in the state records management and archives program, and for grants to local governments for records management improvement as provided under RSA 5:51. Such programs shall be responsible for providing aid, advice, and assistance to local governments concerning the proper management and preservation of the public records in their custody and care, as state law requires. Funds shall be expended to support grants for local government records management improvement, and for administrative and other costs associated with the provision of consultative and technical services, including, but not limited to, education programming, technical publications, website development, and micrographics and digitization services.

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

 Section 5:49 Duties of Local Government Records Manager; Position Established.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Local Government Records Management Improvement Program

Section 5:49

    5:49 Duties of Local Government Records Manager; Position Established. – There is established in the division of records management and archives, department of state, the position of local government records manager who shall be a classified state employee. The local government records manager shall have the following duties:
    I. It shall be the responsibility of the local government records manager to advise local governments on planning and administering programs for the creation, maintenance, preservation, reproduction, retention, and disposition of their records; to advise local governments on the development of micrographics systems, automated data processing systems, and other systems that rely on technology to create, store, manage, and reproduce information or records; and to advise local governments on the preservation and use of vital records with enduring value for historical or other research purposes.
    II. It shall be the responsibility of the local government records manager to advise the municipal records board concerning local government records policies and procedures, state services and financial support needed to assist or advise local officials, regulations pertaining to local government records, and grants for local government records management improvement pursuant to RSA 5:51.
    III. The local government records manager is authorized to employ specialists in records management, archives, and administration, and other specialists necessary to provide advisory, consultative, and technical assistance to local governments from moneys available for this purpose in the fund.
    IV. The local government records manager shall provide a quarterly financial statement of the fund to members of the municipal records board and an annual financial and narrative report of the program to the state archivist for incorporation in the annual report of the division of records management and archives submitted to the secretary of state. Each year the municipal records board shall review and make recommendations on a proposed operational and expenditure plan for the fund prior to its adoption by the state archivist. The annual expenditure plan shall be subject to the approval of the secretary of state.

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

 Section 5:50 Grants Review Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Local Government Records Management Improvement Program

Section 5:50

    5:50 Grants Review Committee. –
    I. The New Hampshire municipal records board, established in RSA 33-A:4-a, shall appoint a grants review committee that shall be responsible for screening the grant applications for completeness, conformity, soundness of budget, and relevance to objectives of the program. The grants review committee shall review the applications and make its recommendations on funding to the state archivist. The grants review committee shall consist of the following:
       (a) Two members of the municipal records board, appointed by the chairman.
       (b) The president of the New Hampshire Tax Collectors' Association, or his or her representative.
       (c) The president of the New Hampshire City and Town Clerks' Association, or his or her representative.
       (d) One individual having the combined office of town clerk and tax collector, who shall be named jointly by the presidents of the New Hampshire Tax Collectors' Association and the president of the New Hampshire City and Town Clerks' Association.
    II. The terms of the municipal records board appointees to this committee shall be concurrent with their terms to the municipal records board. The terms of the presidents of the New Hampshire City and Town Clerks' Association and the New Hampshire Tax Collectors' Association, or their representatives, shall be concurrent with the terms as president of their respective associations. The term of the individual having the combined office of town clerk and tax collector shall be for one year from the date of appointment, but that individual shall continue to serve in said capacity until a successor is named or the individual is reappointed.

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

 Section 5:51 Grants for Local Government Records Management Improvement.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5
DEPARTMENT OF STATE

Local Government Records Management Improvement Program

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

    5-B:6 Declaration of Status; Tax Exemption; Liability. –
    I. Any pooled risk management program meeting the standards required under this chapter is not an insurance company, reciprocal insurer, or insurer under the laws of this state, and administration of any activities of the plan shall not constitute doing an insurance business for purposes of regulation or taxation.
    II. Any such program operating under this chapter, whether or not a body corporate, may sue or be sued; make contracts; hold and dispose of real property; and borrow money, contract debts, and pledge assets in its name.
    III. Participation by a political subdivision in a pooled risk management program formed and affirmed under this chapter shall not subject any such political subdivision to any liability to any third party for the acts or omissions of the pooled risk management program or any other political subdivision participating in the program.

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

 Section 5-B:7 Confidentiality of Certain Claims Information.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 5-B
POOLED RISK MANAGEMENT PROGRAMS

Section 5-B:7

    5-B:7 Confidentiality of Certain Claims Information. – Notwithstanding any provision of law to the contrary, any information of any pooled risk management program formed or affirmed under this chapter pertaining to claims analysis or claims management shall be privileged and confidential and not subject to disclosure to any third party.

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

 Section 6:1 Election; Transition.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:1

    6:1 Election; Transition. –
    I. The state treasurer 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.
    II. The term of office for the new state treasurer shall begin on the first Wednesday following the first Tuesday in January. The new state treasurer shall assume the duties of office upon taking the oath of office.
    III. It shall be the duty of the outgoing state treasurer to make available to the new treasurer all official documents and vital information necessary for a full and complete understanding of the operation of the office of state treasurer.

Source. Const. II, 67. RS 12:1. CS 12:1. GS 14:1. GL 15:1. PS 16:1. PL 15:1. RL 22:1. 1949, 107:1. RSA 6:1. 1976, 45:11. 1989, 72:2, eff. June 18, 1989.

 Section 6:2 Salary.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:2

    6:2 Salary. – The annual salary of the state treasurer shall be that prescribed by RSA 94:1-4.

Source. RS 228:3. CS 244:3. GS 271:4. 1874, 68:1. GL 289:4. PS 286:5. 1901, 56:1. 1917, 220:2. 1919, 8:1. 1921, 118:1. PL 15:22. RL 22:22. 1953, 265:1, eff. July 1, 1953.

 Section 6:3 Bond.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:3

    6:3 Bond. – Before entering upon the duties of the office, the state treasurer shall give bond in the sum of $200,000, with sufficient sureties, to be approved by the governor and council, conditioned for the faithful discharge of the duties of the office of state treasurer, including duties as custodian of trust funds of state institutions and of the several funds of the state employees' retirement, teachers' retirement, policemen's retirement, firemen's retirement systems and the New Hampshire retirement system. Upon the failure of the legislature to elect a state treasurer on the first Wednesday of December of the biennium, the state treasurer previously elected shall give a new bond in the sum of $200,000 with sureties, to be approved by the governor and council, which bond shall be conditioned upon the satisfactory discharge of the duties of said office until a successor is elected.

Source. RS 12:2. CS 12:2. GS 14:2. GL 15:2. PS 16:2. PL 15:2. RL 22:1. 1949, 107:2. 1951, 252:1. RSA 6:3. 1973, 493:1. 1976, 45:12, eff. July 31, 1976. 1997, 95:1, eff. Aug. 2, 1997.

 Section 6:3-a Rulemaking.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:3-a

    6:3-a Rulemaking. – The treasurer may adopt rules under RSA 541-A and after a public hearing pursuant to:
    I. Payments to the treasurer.
    II. Deposits and investments.
    III. Disbursements.
    IV. Custodial duties.
    V. Administration of RSA 471-C.
    VI. Notifications required under RSA 6-B:3.
    VII. Access to confidential records.

Source. 1983, 419:13. 1986, 204:4, eff. June 3, 1986; 204:5, eff. Jan. 1, 1987. 1997, 208:1, eff. Aug. 17, 1997.

 Section 6:4 Books and Accounts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:4

    6:4 Books and Accounts. – He shall provide, at the expense of the state, suitable books in which he shall enter, according to forms approved by the governor and council, fair, detailed and correct records of all sums of money received into and paid from the treasury and of all his other official acts. Insofar as the governor and council shall approve or direct, he shall also record all amounts receivable and payable and other assets and liabilities of the state. He shall take vouchers for all payments made by him, and shall carefully preserve all vouchers and records pertaining to his office.

Source. RS 12:3, 4. CS 12:3, 4. GS 14:3, 4. GL 15:3, 4, 13. PS 16:3. 1925, 165:1. PL 15:3. RL 22:3. RSA 6:4. 1973, 493:2, eff. July 1, 1973.

 Section 6:4-a Insurance.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:4-a

    6:4-a Insurance. – He may procure registered mail, certified mail or other shipping insurance to protect the state against losses, due to fire or other casualty, of negotiable securities shipped or mailed from and by the treasurer's office.

Source. 1969, 353:1, eff. July 1, 1969.

 Section 6:5 Assistants.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:5

    6:5 Assistants. – Subject to the state personnel regulations, and within the limits of available appropriations and funds, he may employ such clerical assistance as may be necessary.

Source. 1915, 58:5. PL 15:4. RL 22:4. 1950, 5, part 2:3, eff. June 30, 1950.

 Section 6:6 Destruction of Documents.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:6

    6:6 Destruction of Documents. – The state treasurer may destroy documents, cancelled checks, and papers filed in his office at the end of 7 years from the time of filing as herein provided. All checks issued prior to July 1, 1945 may be destroyed without microfilming or photostating or other process of reproduction. All checks of which a microfilm or photostat record has been made or which have been accurately reproduced by some other process may be destroyed at the end of 2 years from the time of filing. He shall submit to the governor and council a statement describing documents, checks and papers that he desires to remove from the files and a committee of the council shall examine the same. If the committee approves such destruction a record shall be made of all such documents, checks and papers, and they shall then be destroyed by the state treasurer in the presence of the committee.

Source. 1921, 11:1, 2. PL 15:5. RL 22:5. 1953, 16:1, eff. Feb. 19, 1953.

 Section 6:6-a Facsimile Signature.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:6-a

    6:6-a Facsimile Signature. – [Repealed 1959, 217:2, eff. Aug. 16, 1959.] Section 6:7 Bank Deposits.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:7

    6:7 Bank Deposits. – The treasurer may deposit any portion of public moneys, in the treasurer's possession, in such national banks, trust companies, and savings banks within the United States having a branch within the state of New Hampshire, as shall be approved at least once each year by the governor and council. At the discretion of the treasurer, balances may be collateralized if those balances are deemed to be significant in relation to the equity position of the bank, trust company, or savings bank. Other conditions being equal, those banks, trust companies, or savings banks shall receive preference which allow interest on balances. As used in this section the term "public moneys'' shall include the general funds of the state and any funds of which the state treasurer acts as custodian or agent.

Source. 1903, 125:1. 1905, 68:1. PL 15:6. 1927, 3:1. 1937, 104:1. RL 22:6. RSA 6:7. 1955, 248:1. 1977, 90:1. 1986, 204:3. 1987, 49:1, eff. June 21, 1987. 1997, 208:2, eff. Aug. 17, 1997.

 Section 6:7-a Cost of Bank Services.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:7-a

    6:7-a Cost of Bank Services. – The state treasurer may pay for the cost of bank services, securities transactions fees, and investment management fees from income generated by the treasury department.

Source. 1993, 39:1, eff. June 7, 1993. 1998, 150:4, eff. Aug. 7, 1998.

 Section 6:8 Investment of Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:8

    6:8 Investment of Funds. – All funds over which the state has exclusive control, aside from such sums of money as the treasurer may deem necessary to hold or deposit for meeting current expenses, shall be invested by the treasurer, with the approval of the governor and council, in obligations of the United States government, in obligations of any county government, municipal government, or district or division thereof within the state of New Hampshire, in obligations which are legal investments for savings banks and trust companies, in all types of savings accounts, in participation units in the public deposit investment pool established pursuant to RSA 383:22, in certificates of deposit of state or federally chartered banking institutions within New Hampshire, or in certificates of deposit of national banks within the commonwealth of Massachusetts.

Source. 1903, 125:2. PL 15:7. RL 22:7. RSA 6:8. 1969, 245:1. 1973, 224:1. 1991, 268:3, eff. Aug. 9, 1991. 1999, 1:3, eff. Jan. 7, 1999. 2001, 2:1, eff. Feb. 22, 2001.

 Section 6:8-a Agreement with Banks Authorized.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:8-a

    6:8-a Agreement with Banks Authorized. – The treasurer is authorized to enter into an agreement with a bank or banks for the purpose of providing a payment and custodial service for bonds and coupons issued by the state. The agreement shall provide that the said bank or banks will maintain an accounting of all bonds and coupons paid and will provide periodic statements indicating the unpaid items. The agreement shall further provide that the bank or banks will hold the paid bonds and coupons until they may be destroyed pursuant to this section. After the close of each fiscal year, the bank or banks shall provide for the destruction of those bonds and coupons which were paid in the fiscal year ending one year prior to the fiscal year just closed and shall file a destruction certificate with the state treasurer and the secretary of state.

Source. 1973, 144:5, eff. July 21, 1973; 493:7, eff. July 1, 1973.

 Section 6:8-b Agreements Relating to Registered Bonds and Notes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:8-b

    6:8-b Agreements Relating to Registered Bonds and Notes. –
    I. In connection with the issuance by the state of original or replacement bonds or notes in registered form, the treasurer is authorized to contract for and engage the services of banks, trust companies, banking or financial institutions or other persons within or without the state to perform authentication, registration, transfer, exchange and record or book entry functions, and prepare and maintain reports and accounts and perform related duties relative to the preparation, signing and issuance of checks in payment of those bonds or notes and the interest thereon. The treasurer may also enter into agreements with custodian banks and financial intermediaries and nominees of any of them in connection with the establishment and maintenance by others of a central depository system for the transfer of bonds and notes or of interests therein.
    II. Any agreement entered into under this section shall include provisions for indemnifying the state for losses sustained by it on account of the negligence of a designated bank, trust company, banking or financial institution or on account of the failure of such designated bank, trust company, banking or financial institution to perform faithfully its duties and obligations under the agreement. The agreement may include additional provisions, necessary or desirable, to protect the state and may provide for the limitation of liabilities of the parties, indemnification or payment of liquidated damages.

Source. 1983, 468:1, eff. June 30, 1983.

 Section 6:8-c Swap Agreements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:8-c

    6:8-c Swap Agreements. –
    I. In this section:
       (a) "Obligations'' means bonds, notes or other evidences of indebtedness, or lease, installment purchase, or other similar agreements or certificates of participation therein.
       (b) "Swap agreement'' means:
          (1) An agreement, including terms and conditions incorporated by reference therein, which is a rate swap agreement, basis swap, forward rate agreement, commodity swap, interest rate option, forward foreign exchange agreement, rate cap agreement, rate floor agreement, rate collar agreement, currency swap agreement, cross-currency rate swap agreement, currency option, or any other similar agreement, including any option to enter into any of the foregoing;
          (2) Any combination of the agreements in subparagraph (1); or
          (3) A master agreement for any of the agreements in subparagraphs (1) and (2), together with all supplements.
    II. The treasurer, with the approval of the governor and council, may from time to time enter into and amend any swap agreements that the treasurer determines to be necessary or desirable for the purpose of managing an interest rate, currency, commodity price, investment or similar risk that arises in connection with, or is incidental to, the issuance, carrying or securing of obligations or the acquisition or carrying of investments. Swap agreements entered into by the state shall contain such provisions, including payment, term, security, default and remedy provisions, and shall be with such parties, as the treasurer shall determine to be necessary or desirable after due consideration to the creditworthiness of those parties.
    III. In connection with entering into any swap agreement the treasurer, with the approval of the governor and council, may enter into credit enhancement or liquidity agreements on behalf of the state, with such payment, security, default, remedy, and other terms and conditions as the treasurer determines.

Source. 1993, 305:3, eff. Aug. 22, 1993.

 Section 6:9 Examining Committee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:9

    6:9 Examining Committee. – [Repealed 1973, 144:6, I, eff. July 21, 1973.] Section 6:10 Disbursements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:10

    6:10 Disbursements. – The treasurer shall pay, out of any moneys not otherwise appropriated, all sums due by virtue of general or special appropriations of the legislature, on warrants drawn by the governor, and the principal or interest on all loans which may at any time become due. All bills and obligations of the state shall be paid from his office. In the performance of this duty, the treasurer shall accept checks prepared by the department of centralized data processing. The director of the department of centralized data processing shall be responsible for any overpayment, duplicate payment, or any other unauthorized payment resulting from the use of such checks caused intentionally or inadvertently by any personnel, or failure or error of programming, or procedures of the department of centralized data processing. The director and any other personnel the data processing commission deems necessary or advisable shall be bonded for the faithful discharge of the duties of the department of centralized data processing provided for by this section.

Source. RS 12:5. CS 12:5. GS 14:5. GL 15:5. PS 16:4. 1919, 14:7. PL 15:9. RL 22:9. RSA 6:10. 1973, 493:3, eff. July 1, 1973.

 Section 6:10-a Checks to be Void.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:10-a

    6:10-a Checks to be Void. – The state treasurer is authorized and directed to cancel of record, and refuse to honor, all state checks, except those drawn on special funds created under RSA 282-A, which have not been presented for payment within one year from the date of issue. The records of all checks outstanding, as maintained by the state treasurer during the period prior to cancellations, shall be exempt from the provisions of RSA 91-A.

Source. 1963, 84:1. 1993, 124:1, eff. July 16, 1993. 1997, 208:3, eff. Aug. 17, 1997.

 Section 6:10-b Disposition of Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:10-b

    6:10-b Disposition of Funds. – All state funds held on deposit for the payment of such checks shall, upon cancellation of the record of the checks by the treasurer, be reported as unclaimed property and be held subject to the provisions of RSA 471-C.

Source. 1963, 84:1, eff. July 16, 1963. 1997, 208:3, eff. Aug. 17, 1997.

 Section 6:10-c Payment.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:10-c

    6:10-c Payment. – Upon the application of the person entitled thereto, the state treasurer, with the approval of the governor and council, shall pay to such person, out of any funds in the treasury not otherwise appropriated, the sum represented by any such check.

Source. 1963, 84:1, eff. July 16, 1963.

 Section 6:10-d Reimbursements.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:10-d

    6:10-d Reimbursements. – Whenever the treasurer shall pay a general or special appropriation from the general fund on behalf of any state agency and the source of funds for such appropriation is from a fund separate from the general fund, such agency shall reimburse the treasurer concurrently. If such agency fails to reimburse the treasurer concurrently, the treasurer may transfer funds from the agency's account to cover the payment and lost interest.

Source. 1989, 252:1, eff. July 25, 1989.

 Section 6:11 Payments to Treasurer.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:11

    6:11 Payments to Treasurer. –
    I. The treasurer shall establish deposit procedures for all state departments and institutions receiving money for the state. Such procedures shall include, but shall not be limited to, deposits to a department's bank accounts, related transfers to treasury bank accounts, electronically collecting state moneys and concurrence of the treasurer for the opening of department bank accounts.
    II. If more than $100 is in the possession of any state department or institution such funds shall be on deposit in the related department's bank account or in a treasury bank account. The treasurer shall transfer moneys from state departments and institutions to the treasurer's account in the most expeditious manner possible, including, but not limited to, the use of electronic transfers.
    III. All state departments and institutions, except the university system of New Hampshire, the building projects revolving fund of the state board of education, and the supreme court for the purposes of the escrow account for court facility improvements under RSA 490:26-c, receiving money for the state shall deposit the full amount of all such moneys into a state treasurer's bank account or into a state department's bank account from which the treasurer shall collect funds by automated means, unless the treasurer determines that such means cannot be implemented or concurs with department procedures for deposits and collection.
    IV. All state departments and institutions, except those state departments and institutions which are exempted in RSA 6:11, III, which are not depositing directly into a treasury bank account or which are not included in a treasury electronic collection system may deposit state moneys into a department's bank account and shall either:
       (a) Remit to treasury daily all moneys in excess of an amount established by each department with the concurrence of the treasurer; or
       (b) Deposit all moneys at the department of treasury daily in accordance with rules established under RSA 6:3-a, I.
    V. All state departments and institutions, except those state departments and institutions which are exempted in RSA 6:11, III, depositing moneys directly into a treasury bank account shall prepare and submit to treasury the appropriate accounting documentation with a copy of a bank deposit receipt as evidence of a deposit. Such departments and institutions shall make every effort to ensure that the documentation is received by treasury on the same day as the day of deposit.
    VI. All state departments and institutions depositing moneys into a department's bank account shall, in a timely manner, prepare and submit to treasury the appropriate accounting documentation related to treasury's daily automated collections as provided in RSA 6:11, III or a department's remittances as provided in RSA 6:11, IV(a).
    VII. All payments due to the state of New Hampshire for services provided shall be paid for in United States dollars. Any payment received in any other currency shall be returned to the payor. All outstanding obligations are subject to the terms and conditions of said payment. Exceptions to the provisions of this paragraph are subject to the approval of the treasurer.

Source. 1913, 154:1. 1921, 162:1. 1925, 163:1. PL 15:10. RL 22:10. 1953, 210:3. RSA 6:11. 1965, 239:13. 1967, 379:7. 1971, 44:1; 370:1. 1975, 252:1. 1976, 8:1. 1979, 144:1. 1982, 9:1. 1983, 419:3. 1985, 399:3, I. 1994, 74:1, eff. July 5, 1994. 1999, 137:1, eff. June 21, 1999.

 Section 6:11-a Return of Checks, Drafts and Money Orders; Fee.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:11-a

    6:11-a Return of Checks, Drafts and Money Orders; Fee. –
    I. Any check, draft or money order received by any state department or institution for the payment of a fee, license or product which is returned to the state department or institution as uncollectable may be returned to the sender and not deposited with the state treasurer. Whenever any check, draft or money order issued in payment of any fee or for any other purpose is returned to any state department or institution as uncollectable, the department or institution may charge a fee of $25 or 5 percent of the face amount of the check, whichever is the greater, plus all protest and bank fees, in addition to the amount of the check, draft or money order to the person presenting the check, draft or money order to the department or institution to cover the costs of collection.
    II. A check, draft or money order received by any state department or institution for the payment of a fee, license or product may be returned to the sender and not deposited with the state treasurer and any application received by a state department or institution may be returned to the sender under any of the following circumstances:
       (a) The amount of the check, draft or money order is incorrect.
       (b) The application is required to be submitted with the payment of a fee and is not so submitted or is improperly or incorrectly submitted.
       (c) A license applicant has not complied with one or more statutory requirements entitling him to make such application.
       (d) The requested product is unavailable.
    III. The department or institution may charge a fee, if appropriate, of at least $25 plus all protest and bank fees, if any, to the person presenting an application, check, draft or money order which is unacceptable to a state department or institution, as provided in paragraph II.

Source. 1977, 105:1. 1983, 419:4, 17; 431:1. 1993, 124:2, 3, eff. July 16, 1993; 322:1, 2, eff. July 1, 1993.

 Section 6:12 Application of Receipts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

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.]


       (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 $750,000, at which time moneys in excess of $750,000 shall be credited to the general fund.

[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.

[Paragraph I(lllllllll) repealed by 2002, 198:6, eff. June 30, 2007.]


       (lllllllll) Moneys received under RSA 490:27, II, which shall be deposited in the probate court mediation fund.
    II. The full amount allowed for the maintenance of each institution and department shall be appropriated by each legislature for the biennial period next following, and the money derived from the sale of farm and minor industrial products of institutions shall be credited to the appropriation for the institution from which derived.

Source. 1913, 154:2. 1915, 39:1. 1917, 40:1. 1921, 162:2. 1925, 164:1. PL 15:11. 1927, 130:2. 1935, 140:2. 1937, 134:21; 151:9. RL 22:11. 1945, 95:1. 1950, 5, part 14:5. 1951, 199:5, par. 22c; 244:2. RSA 6:12. 1961, 166:3; 223:3. 1965, 239:14. 1967, 345:3. 1977, 523:2. 1979, 80:2. 1981, 223:3; 493:19; 500:2; 546:2; 549:3. 1982, 39:3; 42:7, 81. 1983, 23:2; 169:2; 234:2; 379:3; 383:2, 3; 421:14; 425:3; 449:28, 31. 1985, 327:6. 1986, 169:2, 3; 232:3. 1987, 209:10. 1988, 17:2; 105:2; 196:3; 286:2. 1989, 141:12; 331:2; 339:4; 398:16; 407:1; 408:80, 82, I, II; 417:1. 1990, 163:5; 167:2; 197:7; 200:5; 229:13, XIII; 247:3; 253:15; 261:11. 1991, 30:1; 40:5; 226:3; 280:2; 289:2; 355:21, 23, 98; 366:3; 379:4. 1992, 165:2; 263:5; 265:3; 267:3; 289:12, 13, 47. 1993, 156:2; 180:2; 230:5; 312:4; 325:3; 329:13; 337:2; 354:3; 357:10; 358:90; 388:29. 1994, 3:1; 337:2; 370:2; 388:29. 1995, 130:4, eff. July 23, 1995; 282:5, eff. July 1, 1995; 282:13, eff. Dec. 31, 1999; 299:2, 3, eff. Jan. 1, 1996; 310:4, 5, 177, 181, 182, eff. Nov. 1, 1995. 1996, 233:7, I, eff. July 1, 2000; 263:9, eff. Jan. 1, 1997; 269:4, eff. June 10, 1996; 286:8, 9, 210:3; eff. July 1, 1997. 1997, 141:2, eff. Jan. 1, 1998; 210:3, eff. July 1, 1997; 332:6, eff. Aug. 22, 1997. 1998, 20:3, eff. June 16, 1998; 89:20, eff. July 18, 1998; 230:1, eff. June 24, 1998; 288:8, eff. Jan. 1, 1999; 317:4, eff. June 26, 1998; 323:2, eff. July 1, 1999; 324:4, eff. July 1, 1999; 355:1, eff. July 1, 1999. 1999, 17:2, eff. April 29, 1999; 22:2, eff. July 1, 1999; 183:4, eff. July 6, 1999; 193:1, eff. July 1, 1999; 208:5, eff. July 6, 1999; 261:1, eff. July 1, 1999; 285:2, eff. July 1, 1999; 317:7, eff. July 1, 1999. 1999, 343:4, eff. Nov. 18, 1999. 2000, 94:1, eff. June 26, 2000; 55:1, eff. July 1, 2000; 316:8, I, eff. July 1, 2000; 111:2, eff. July 7, 2000; 56:4, eff. July 1, 2003; 111:3, eff. Jan. 1, 2015; 328:1, eff. July 1, 2001. 2001, 91:2, eff. July 1, 2001; 133:14, eff. July 1, 2001; 138:1, eff. Aug. 28, 2001; 158:4, eff. July 1, 2001; 167:2, eff. July 1, 2001; 290:2, eff. July 1, 2001; 293:11, eff. July 1, 2001. 2002, 6:2, eff. July 1, 2002; 145:4, eff. July 12, 2002; 176:1, eff. July 1, 2003; 198:1, eff. July 14, 2002, 198:6, eff. June 30, 2007; 254:1, 2, 5, II, X-XII, eff. July 1, 2002; 254:7, eff. July 1, 2003.

 Section 6:12-a Refunds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:12-a

    6:12-a Refunds. – Whenever it shall appear that a state department or agency has in the course of its administration received funds from sources outside the state treasury designated as revenue, which said funds have been paid into the treasury, and it is later found that certain of said revenue so paid in is in excess of the amounts which should legally be paid to the state, the head of the department or agency concerned may certify the facts of such excess revenue to the commissioner of administrative services and request a repayment thereof to the persons entitled thereto. The governor, with the consent of the council, may, in such instances, draw his warrants for the repayment of such excess revenue from funds in the treasury not otherwise appropriated and the commissioner of administrative services and the treasurer shall credit such repayments to the proper revenue item for the department or agency concerned.

Source. 1959, 65:1. 1985, 399:3, 1, eff. July 1, 1985.

 Section 6:12-b Maintenance of Funds Collected Pursuant to Electric Utility Restructuring Orders.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:12-b

    6:12-b Maintenance of Funds Collected Pursuant to Electric Utility Restructuring Orders. – On request of the public utilities commission, the state treasurer shall maintain custody over funds collected by order of the public utilities commission consisting of only that portion of the system benefits charge directly attributable to programs for low income customers as described in RSA 374-F:4, VIII(c). All funds received by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with terms and conditions established by the public utilities commission. Plans for the administration of such funds shall be approved by the fiscal committee of the general court and the governor and council prior to submission to the public utilities commission. Appropriations and expenditures of such funds in fiscal years 2002 and 2003 shall be approved by the fiscal committee of the general court and the governor and council prior to submission to the public utilities commission. For each biennium thereafter, appropriations and expenditures of such funds shall be made through the biennial operating budget.

Source. 2000, 94:2, eff. June 26, 2000. 2001, 158:46, eff. Sept. 3, 2001.

 Section 6:12-c Trust and Agency Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:12-c

    6:12-c Trust and Agency Funds. – All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with RSA 4:8 and the terms and conditions of the referenced trust or account:
    I. The Caroline A. Fox fund of the department of resources and economic development.
    II. The Japanese charitable fund of the state treasurer.
    III. The rural rehabilitation corporation account of the state treasurer.
    IV. The Matthew Elliot memorial trust fund of the division of juvenile justice services, department of health and human services.
    V. The New Hampshire veteran's home benefit fund of the New Hampshire veterans' home.
    VI. The Sam Whidden trust of the state university system.
    VII. The Harriet Huntress trust of the department of education.
    VIII. The Hattie Livesey trust of the department of education.
    IX. The Laconia state school account.
    X. The New Hampshire hospital account.

Source. 2002, 254:3, eff. July 1, 2002.

 Section 6:12-d Custodial and Escrow Accounts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:12-d

    6:12-d Custodial and Escrow Accounts. – All funds received or held by the state treasurer pursuant to this section shall be kept separate from any other funds and shall be administered in accordance with the terms and conditions of the referenced account:
    I. The financial responsibility account of the department of safety.
    II. The road toll bonds account of the department of safety.
    III. The special fund for active cases account of the department of labor.
    IV. The special fund for second injuries account of the department of labor.
    V. The deferred compensation contributions escrow account of the state treasurer.
    VI. The dissolution of corporation account of the state treasurer.
    VII. The foreign escheated estates account of the state treasurer.
    VIII. The savings bond escrow account of the state treasurer.
    IX. The unclaimed and abandoned property account of the state treasurer.
    X. The Guy Thompson account of the New Hampshire veterans' home.
    XI. The veteran's home members administrative account of the veteran's home.
    XII. The water resources council accounts of the department of environmental services.
    XIII. The Deloitte and Touche escrow account of the commissioner of the department of health and human services.

Source. 2002, 254:3, eff. July 1, 2002.

 Section 6:13 Borrowing Money.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:13

    6:13 Borrowing Money. –
    I. When it is anticipated that there will not be sufficient general funds in the treasury for the payment of obligations, the treasurer, under the direction of the governor and council, is authorized to borrow on the state's credit such sums as may be necessary, not to exceed the amount authorized by the governor and council, provided that at no time shall the indebtedness of the state, pursuant to the authority granted by this section exceed the sum of $200,000,000.
    II. Unless otherwise provided by the governor and council, the treasurer shall have the authority to borrow at one time, or from time to time, up to the aggregate amount authorized by the governor and council under this section, and to determine the amounts, dates, maturities, and other details of each borrowing.
    III. The treasurer, when authorized by the governor and council, may enter into agreements with banks or other financial institutions, within or without the state, in the form of lines or letters of credit or other banking arrangements in connection with any indebtedness incurred under this section or RSA 6-A:4. The agreement may include covenants and provisions for protecting and enforcing the rights, security and remedies of the lenders as, in the discretion of the treasurer, may be reasonable and proper and not in violation of law. Notes issued under this section or RSA 6-A:4 shall bear interest at such rate or rates as the treasurer may deem proper, including rates variable from time to time as determined by any index, banker's loan rate or other method specified in any such agreement.

Source. 1851, 1142:1. CS 12:6. GS 14:6. GL 15:6. PS 16:6. 1905, 82:1. 1921, 30:1. PL 15:12. 1935, 7:1. RL 22:12. RSA 6:13. 1959, 63:1. 1965, 188:1. 1967, 114:1. 1971, 1:1; 557:71. 1973, 144:1. 1981S, 2:1, 2. 1983, 468:2. 1991, 378:1. 1992, 289:1, eff. June 17, 1992. 1996, 257:8, eff. June 10, 1996. 1999, 137:2, eff. June 21, 1999.

 Section 6:13-a Fish and Game Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:13-a

    6:13-a Fish and Game Fund. – When it is anticipated that there will not be sufficient fish and game funds in the treasury for the payment of obligations, 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 one year, at the lowest net interest cost to the state, such sums as may be necessary, provided that at no time shall the indebtedness of the state pursuant to the authority granted by this section exceed the sum of $500,000. The short term loans authorized hereunder shall be repaid from the fish and game fund.

Source. 1965, 188:2. 1973, 144:2. 1979, 96:3, eff. May 2, 1979.

 Section 6:13-b Highway Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:13-b

    6:13-b Highway Fund. – When it is anticipated that there will not be sufficient highway funds in the treasury for the payment of obligations, 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 one year, at the lowest net interest cost to the state, such sums as may be necessary, provided that at no time shall the indebtedness of the state pursuant to the authority granted by this section exceed the sum of $15,000,000. The short term loans authorized hereunder shall be repaid from highway income or from federal reimbursement for highway purposes.

Source. 1971, 353:2. 1973, 144:3, eff. July 21, 1973.

 Section 6:13-c Christa McAuliffe Planetarium Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:13-c

    6:13-c Christa McAuliffe Planetarium Fund. – [Repealed 1988, 160:7, eff. April 22, 1988.] Section 6:14 Exchange of Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:14

    6:14 Exchange of Bonds. – The treasurer is authorized to issue registered bonds of $100 each, and multiples thereof, in exchange for coupon or other registered bonds of the state, respectively bearing the same rate of interest as the bonds received in exchange, and payable at the same time. If the payee of a registered bond duly assigns it to another party, it shall be the duty of the treasurer or a designated agent engaged under RSA 6:8-b to issue to the assignee thereof a new bond as aforesaid, upon request and surrender of the old bond thus assigned. The bonds so issued shall be signed by the treasurer, countersigned by the governor, and attested, under the seal of the state, by the secretary, subject to the provisions of RSA 93-A; provided, that if a transfer agent or similar agent is engaged under RSA 6:8-b, the bonds may be executed with the facsimile signatures of the treasurer, the governor and the secretary and the manual signature of a duly authorized officer of said agent. The treasurer or designated agent shall keep a record of the new bonds, showing the serial number, date, and amount of each, and to whom and when payable.

Source. 1877, 18:1, 2, 3. GL 15:14, 15. PS 16:7. PL 15:13. RL 22:13. RSA 6:14. 1983, 468:3, eff. June 30, 1983.

 Section 6:15 Cancelling Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:15

    6:15 Cancelling Bonds. – [Repealed 1983, 468:8, I, eff. June 30, 1983.] Section 6:16 Forestry Funds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:16

    6:16 Forestry Funds. – [Repealed 2002, 254:5, IV, eff. July 1, 2002.] Section 6:17 Reports.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:17

    6:17 Reports. – The state treasurer shall make an annual report showing the details of receipts and disbursements, together with the aggregate amount of funded debt of the state. It shall also show the details of receipts and disbursements of all trust funds and/or funds held by him as custodian. It shall contain a particular statement of all transactions affecting the funds belonging to or held in trust by the state, including new investments of any portion of the same made during the preceding year.

Source. 1915, 58:5. PL 15:16. RL 22:16. RSA 6:17. 1973, 144:4, eff. July 21, 1973.

 Section 6:18 Treasurer Relieved of Certain Accounting Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:18

    6:18 Treasurer Relieved of Certain Accounting Duties. –
    I. The state treasurer is hereby relieved of all duties in respect to the keeping of records and accounts and of rendering reports except such as are necessary to enable him duly to account for all moneys received, held in custody and disbursed by him or by depositories of public funds acting as fiscal agents of the state.
    II. Other provisions of law notwithstanding, the state treasurer is hereby relieved of maintaining any accounts by appropriation or division code and shall only maintain on his records the fund to which the money belongs.

Source. RL 23:15. RSA 6:18. 1975, 169:1, eff. July 1, 1975.

 Section 6:18-a Use of Facsimile Signature.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:18-a

    6:18-a Use of Facsimile Signature. – When endorsing the state's guarantee on any bond or note issued by any political subdivision of the state, the state treasurer may cause such guarantee to be executed with an engraved or printed facsimile of his signature in lieu of his manual signature. Such facsimile shall have the same effect as the manual signature of the state treasurer.

Source. 1970, 8:1, eff. June 20, 1970.

 Section 6:19 Removal of Treasurer.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:19

    6:19 Removal of Treasurer. – Upon representation made to the governor by any person, under oath, that the treasurer is insane or manifestly insolvent, or that he has absconded or concealed himself, or is guilty of any conduct which is to the hazard of the public treasure, the governor and council shall examine into the truth of the representation and, if it shall appear to be true, remove him from office.

Source. RS 12:6. CS 12:7. GS 14:7. GL 15:7. PS 16:13. PL 15:17. RL 22:17.

 Section 6:20 Commissioner During Vacancy in Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

State Treasurer

Section 6:20

    6:20 Commissioner During Vacancy in Office. – Upon the death, resignation, or removal of the treasurer, the governor, with the advice of the council, shall appoint some suitable person as commissioner, to take charge of the money, books, and papers in the office, and to perform all the duties of treasurer until a treasurer is elected and qualified. Before entering upon the discharge of his duties the commissioner shall give bond as provided for the treasurer in RSA 6:3.

Source. RS 12:7. CS 12:8. GS 14:8. GL 15:8. PS 16:14. PL 15:18. RL 22:18.

 Section 6:21 Appointments; Removal; Duties.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Deputy State Treasurers

Section 6:21

    6:21 Appointments; Removal; Duties. –
    I. The state treasurer shall appoint 2 deputies who shall hold office while the treasurer remains in office unless sooner removed. The treasurer may remove either deputy at pleasure, and the governor and council may remove either of the deputies for cause as they may remove the treasurer. A commissioner shall appoint deputies to hold office in like manner.
    II. The treasurer shall designate one deputy as chief deputy who shall perform such duties as may be assigned by the treasurer. During the absence or disability of the treasurer, the chief deputy shall perform all duties of the office of treasurer. The other deputy shall perform such duties as may be assigned by the treasurer.

Source. 1891, 6:1. PS 16:15. PL 15:19. RL 22:19. RSA 6:21. 1983, 419:8, eff. June 24, 1983. 1999, 137:3, eff. June 21, 1999.

 Section 6:22 Oath; Bond.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Deputy State Treasurers

Section 6:22

    6:22 Oath; Bond. – Before entering upon the duties of their offices, the deputy treasurers shall be sworn and shall be bonded in accordance with RSA 93-B in the amount of $40,000 each with sufficient sureties, conditioned on the faithful discharge of the duties of their offices. The bonds shall be filed and preserved in the office of the secretary of state.

Source. 1891, 6:1. PS 16:16. 1903, 57:1. PL 15:20. RL 22:20. RSA 6:22. 1983, 419:9, eff. June 24, 1983.

 Section 6:24 Salaries.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Deputy State Treasurers

Section 6:24

    6:24 Salaries. – The annual salary of the chief deputy state treasurer and deputy state treasurer shall be that prescribed by RSA 94:1-4 for deputy state treasurers.

Source. 1891, 6:4. PS 286:7. 1909, 81:1, 2. 1917, 220:3. 1919, 117:2. 1921, 118:1. PL 15:23. 1927, 133:2. RL 22:23. 1953, 265:1. RSA 6:24. 1983, 419:11, eff. June 24, 1983.

 Section 6:24-a Sinking Fund.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6
STATE TREASURER AND STATE ACCOUNTS

Receipts from Harness Race Fund

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.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:2 Denominations; Form and Maturities.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:2

    6-A:2 Denominations; Form and Maturities. – The bonds shall be issued by the state treasurer when authorized by the governor and council. They may be issued at one time or in a series from time to time. The maturity dates of each series shall be determined by the governor and council, but in no case shall they be later than 20 years from the date of issue. The bonds may be redeemable before maturity at the option of the governor and council at such price or prices and under such terms and conditions as may be fixed by the governor and council prior to the issue of the bonds. The bonds shall be in such form and denominations as the governor and council shall determine and, subject to RSA 6:14 and 6:15, may be nonregistrable or registrable as to principal only or registrable as to both principal and interest. Subject to the provisions of RSA 93-A, they shall be signed by the treasurer and countersigned by the governor. They shall be deemed a pledge of the faith and credit of the state.

Source. 1967, 88:1. 1981, 98:2, eff. April 21, 1981.

 Section 6-A:3 Accounts.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:3

    6-A:3 Accounts. – [Repealed 1997, 95:2, eff. Aug. 2, 1997.] Section 6-A:4 Short Term Notes.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:4

    6-A:4 Short Term Notes. – Pending the issue of bonds, the state treasurer, when authorized by the governor and council, may borrow money on short term notes in anticipation of the bonds. At no time shall the amount due on such short term notes exceed the amount of the appropriation for the same purposes. Each such note shall mature within 5 years from its date, provided that notes issued for a shorter period may be refunded from time to time by the issue of other such notes maturing within 5 years from the date of the original loan being refunded. The notes may also be refunded by the issue of bonds hereunder or may be paid from any cash in the treasury. The notes shall be deemed a pledge of the faith and credit of the state.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:5 Advances from the Treasury.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:5

    6-A:5 Advances from the Treasury. – Pending the issue of bonds or notes hereunder or in lieu of the issue of notes hereunder, the state treasurer may use any cash in the treasury for the purposes for which the bonds were authorized. Such advances shall be repaid without interest from the proceeds of bonds or notes issued hereunder.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:6 Sale of Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:6

    6-A:6 Sale of Bonds. – Bonds issued hereunder shall be sold by the state treasurer with the approval of the governor and council in such manner as the governor and council deem to be most advantageous to the state.

Source. 1967, 88:1. 1971, 353:3, eff. Aug. 24, 1971.

 Section 6-A:7 Proceeds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:7

    6-A:7 Proceeds. – The proceeds from the sale of bonds and notes hereunder, except premiums and accrued interest, and from any advances under RSA 6-A:5 shall be held by the state treasurer and paid out by him upon warrants drawn by the governor for the purposes for which the bonds were authorized. The governor, with the advice and consent of the council, shall draw his warrant for the payments from such funds of all sums expended or due for such purposes.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:8 Consolidation.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:8

    6-A:8 Consolidation. – The bonds authorized by one or more acts of the legislature may be combined by the state treasurer, and with the approval of the governor and council, upon their issue into one or more consolidated issues. The particular bonds of such consolidated issue issued under each authority may but need not be designated by number or otherwise.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:9 Expiration of Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:9

    6-A:9 Expiration of Office. – Any bonds or notes issued pursuant to this chapter, if properly executed by the officers of the state in office on the date of the signing or on the date of imprinting of the facsimile signature, as the case may be, shall be valid and binding according to their terms notwithstanding that before delivery thereof and payment therefor any or all such officers shall have for any reason ceased to hold office.

Source. 1967, 88:1, eff. April 27, 1967.

 Section 6-A:10 Refunding Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:10

    6-A:10 Refunding Bonds. – The governor and council may authorize the issuance of refunding bonds in order to pay, at maturity or upon earlier redemption or acceleration, all or part of any issue of bonds then outstanding that were issued by the state or with a direct state guarantee; provided, however, that unless the governor and council specifically provide otherwise no such bonds shall be issued unless the treasurer determines that the present value, discounted at such rate as the treasurer deems appropriate, of the principal and interest payments on the refunding bonds is less than the present value, discounted at the same rate, of the principal and interest payments on the bonds to be refunded. The proceeds of such refunding bonds may be used to pay the principal of the refunded bonds, any redemption premium thereon, all or part of the interest coming due on or prior to the date or dates on which the refunded bonds are paid, and the costs of issuing and marketing the refunding bonds. The issue of refunding bonds shall be subject to the same requirements and provisions of law as would then be applicable to the issue of the bonds being refunded, except as provided in this section. The proceeds of refunding bonds, exclusive of any amounts used to pay costs of issuing and marketing the refunding bonds, shall be held in a separate fund and in trust until they are applied to pay bonds. While such proceeds are held in trust they may be invested in accordance with RSA 6:7 and RSA 6:8 and the income derived from such investment may be expended by the treasurer to pay the principal of, redemption premium if any, and interest on the refunded bonds until they are paid.

Source. 1981, 98:3. 1987, 54:2, eff. April 22, 1987. 1996, 257:6, eff. June 10, 1996.

 Section 6-A:11 Revenue Bonds.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:11

    6-A:11 Revenue Bonds. – The governor and council may authorize the state treasurer to issue revenue bonds in accordance with this section. Revenue bonds may be authorized whenever the proceeds of such bonds are to be used for revenue-producing facilities or to refund bonds, the principal of which was used for revenue-producing facilities, and the revenues from such facilities are expected to be sufficient to pay the principal, premium, if any, and interest on such bonds. As used in this section, revenue-producing facilities means any facility from the operation of which revenues are to be derived by the state. The proceedings authorizing the issuance of revenue bonds shall contain a description of the facilities financed or to be financed and the revenue generated or expected to be generated by said facility. The principal of, premium, if any, and interest on revenue bonds issued pursuant to this section shall be paid solely from the revenue generated by the facility constructed. In authorizing the issuance of such bonds, the governor and council are hereby empowered to pledge and dedicate the revenue from such facility to be used first to pay the principal of, premium, if any, and interest on said bonds as the same become due and the state treasurer shall keep such revenue in a separate account for such purpose and is hereby authorized to expend the same for such purpose. Revenue bonds issued pursuant to this section shall not be considered a pledge of the faith and credit of the state and shall not be deemed debt of the state in determining its borrowing capacity under any applicable law. All provisions of RSA 6-A not inconsistent with the provision of this section shall be applicable to revenue bonds issued hereunder.

Source. 1985, 332:18, eff. June 14, 1985.

 Section 6-A:12 Bonds Sold at Discount.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:12

    6-A:12 Bonds Sold at Discount. – For the purpose of determining the amount of bonds issued by the state pursuant to this chapter or any other law, the amount of any issue of bonds sold at a discount shall be equal to the net proceeds thereof, determined by adding to the face amount of the bond issue the premium, if any, related to bonds of that issue and then subtracting the discount related to bonds of that issue. The amount of bonds of any such issue considered outstanding at any time, for the purpose of computing any statutory debt limit, shall be determined by multiplying the face amount of the bonds of that issue then outstanding by a fraction, the numerator of which is the net proceeds of the issue as determined above, and the denominator of which is the face amount of the issue. For the purpose of determining the amount of bond proceeds expended by the state for purposes specified by any law, such proceeds in the case of any issue of bonds sold by the state at discount shall be equal to the expenditure of the net proceeds of the issue, as determined above.

Source. 1989, 182:1, eff. July 16, 1989.

 Section 6-A:13 Cost of Debt Issuance; Application of Premium.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-A
STATE BONDS

Section 6-A:13

    6-A:13 Cost of Debt Issuance; Application of Premium. – The state treasurer may incur bond issuance costs and bond discounts, if applicable, which shall be offset with any bond premiums, if applicable, for bonds sold under this chapter. Any remaining premium shall be credited to the general fund. In order to provide funds to pay the cost of issuing bonds or the bond discount or to establish estimated revenue for the bond premium, the governor, upon request of the state treasurer, shall draw a warrant for such payments out of any money in the treasury not otherwise appropriated from each fund as appropriate.

Source. 1993, 305:1, eff. Aug. 22, 1993. 1999, 137:4, eff. June 21, 1999.

 Section 6-B:1 Office of Investment and Debt Management.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-B
INVESTMENT AND DEBT MANAGEMENT

Section 6-B:1

    6-B:1 Office of Investment and Debt Management. – There is established within the state treasury an office of investment and debt management which shall be under the executive direction of a deputy treasurer appointed by the treasurer. The deputy treasurer shall be a person qualified by training and experience and shall serve at the pleasure of the treasurer.

Source. 1983, 419:5, eff. June 24, 1983.

 Section 6-B:2 Duties of Office.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-B
INVESTMENT AND DEBT MANAGEMENT

Section 6-B:2

    6-B:2 Duties of Office. – The office of investment and debt management shall, subject to any restrictions in RSA 6 and RSA 6-A, assist the treasurer in performing functions and duties as follows:
    I. Analyze and manage short-term and long-term cash flow requirements.
    II. Maximize the returns on state investments, considering cash flow and liquidity requirements.
    III. Coordinate and monitor cash needs for investment and debt activity.
    IV. Develop a long-term debt plan, including criteria for the issuance of debt and an evaluation of how much total debt is justified.
    V. Evaluate revenue projections for each proposed revenue bond issue and report findings to the governor and the capital budget overview committee.
    VI. Advise the general court on all investment and debt matters, including, but not limited to, new bond issues, the status of state debt, and the status of state investments.
    VII. Report quarterly or more often if required to the governor and council, the commissioner of administrative services and the joint legislative fiscal committee the total amount of funds in the treasury, the amount belonging to each separate fund, a summary of the funds on deposit and the investments held, and the interest income earned thereon, and any information pertaining to the duties of his office he may think proper or the governor or legislature may require.
    VIII. Perform all other functions of the state treasury relative to state investment and debt management, including, but not limited to, the making of debt service payments, the sale of bonds, and the preparation of policies for the investment of state funds for yearly review and adoption by the state treasurer.

Source. 1983, 419:5. 1985, 399:3, I, eff. July 1, 1985. 1996, 209:1, eff. Aug. 9, 1996.

 Section 6-B:3 Notification of Proposed Bond Issues.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-B
INVESTMENT AND DEBT MANAGEMENT

Section 6-B:3

    6-B:3 Notification of Proposed Bond Issues. –
    I. Notwithstanding any other provisions of state law, for the purpose of coordinating state activity in the bond market, all state and local governmental entities authorized by law to issue bonds, including, but not limited to: all state agencies, the university system of New Hampshire, the New Hampshire municipal bond bank, the New Hampshire housing finance agency, all counties, cities, towns, village districts, school districts, precincts, housing authorities, local development corporations, and any special purpose districts or authorities shall provide the office of investment and debt management with the notification of intent to borrow or issue bonds at the earliest possible date; provided, however, that such issuers shall, no later than 30 days prior to the sale of any debt issue at public or private sale, give written notice of the proposed sale to the office of investment and debt management, by mail, postage prepaid. Failure to give this notice shall not affect the validity of the sale.
    II. The treasurer may adopt rules pursuant to RSA 541-A concerning the information to be included in and the form of notifications required under paragraph I.

Source. 1983, 419:5. 1985, 357:7, eff. June 18, 1985. 1997, 208:4, eff. Aug. 17, 1997.

 Section 6-B:4 Informational Clearinghouse.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-B
INVESTMENT AND DEBT MANAGEMENT

Section 6-B:4

    6-B:4 Informational Clearinghouse. – The treasurer through the office of investment and debt management shall:
    I. Collect, maintain, and provide information on state and local debt authorized, sold, and outstanding and serve as an information center for all state and local debt issues.
    II. Upon request of any state or local government unit assist in the planning, preparation, marketing and sale of new debt issues to reduce costs and to ensure the protection of the issues and of the state's credit.
    III. Maintain contact with state and municipal bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for state and local government debt issues.
    IV. Recommend changes in state law and local practices to improve the sale and servicing of state and local debt.

Source. 1985, 357:7, eff. June 18, 1985.

 Section 6-C:1 Definitions.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-C
DEBT MANAGEMENT

Section 6-C:1

    6-C:1 Definitions. – In this chapter, "net tax supported debt'' of the state means the principal amount of any bonds, notes (excluding revenue anticipation or other temporary notes payable no later than one year from their dates), loans, leases in excess of 5 years or other evidence of indebtedness, excluding refinanced debt, which has been authorized but not yet repaid or otherwise cancelled, for whatever period or purpose incurred, for which debt service payments are either:
    I. Made directly by the state from taxes and other unrestricted general fund revenues, unless, and then only to the extent that, specific revenues are segregated or pledged for such debt service payments; or
    II. Guaranteed by the state, unless, and then only to the extent that:
       (a) Specific revenues are segregated or pledged for such debt service payments; or
       (b) The guaranteed indebtedness is either a general obligation of a municipal corporation, for the payment of which property taxes may be levied, or is otherwise self-supporting.

Source. 1991, 335:1, eff. July 1, 1991.

 Section 6-C:2 Affordable Debt Limit.

TITLE I
THE STATE AND ITS GOVERNMENT

CHAPTER 6-C
DEBT MANAGEMENT

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.