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