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

    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

    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

    3:3-a Display of POW-MIA Flag. –
I. The POW-MIA flag shall be displayed above the state house in Concord, all state facilities, and national guard armories and other state-owned military facilities whenever the flag of the United States is flown until all questions concerning the fate of America's POWs and MIAs are sufficiently resolved.
II. When the POW-MIA flag is flown on the same flagstaff as the flag of the United States, the POW-MIA flag shall be flown immediately below the flag of the United States. If a state flag or other flag will be flown on the same flagstaff, the order from top to bottom shall be: the flag of the Unites States, the POW-MIA flag, then the state flag or other flag.
III. If the POW-MIA flag is flown from a flagstaff of equal height adjacent to the flag of the United States, the flag of the United States shall be the first in order from the viewer's left, the POW-MIA flag shall be flown on the flagstaff to the immediate left (the viewer's right) of the flag of the United States, and the state or other flag shall be flown farther left (the viewer's right) of the POW-MIA flag.

Source. 1987, 44:1. 1998, 6:1. 2007, 357:1. 2010, 165:1, eff. Aug. 16, 2010.

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

    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-A, 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 3:4-a

    3:4-a State Flag, United States Flag, POW-MIA Flag; Place of Manufacture. – Any state flag, United States flag, or POW-MIA flag purchased with state funds or displayed in a state facility shall be manufactured in the United States. This paragraph shall only apply to flags acquired after the effective date of this section.

Source. 2012, 89:1, eff. July 28, 2012.

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

    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

    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.
X. "Live Free or Die" with words and music by Barry Palmer.

Source. 1949, 38:1. 1977, 224:1. 1983, 190:1. 2007, 142:1, eff. June 18, 2007.

Section 3:7-a to 3:7-c

    3:7-a to 3:7-c Repealed by 1977, 224:2, eff. June 15, 1977. –

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

    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 TLRbull1; OF TLRbull1; THE TLRbull1; STATE TLRbull1; OF TLRbull1; 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:
NH-seal, size-12 picas, type-DPI
NH-seal.tif
NHS.SOS.008035635.00010

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

    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 thing for carrying or transporting merchandise, or sell, expose for sale, give away, or have in possession for sale or to give away or for any purpose any article or thing to advertise or promote services, upon which shall have 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

    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. Oct. 31, 1973 at 11:59 p.m.

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

    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

    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

    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

    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

    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 3:15

    3:15 State Gem. – Smoky quartz is hereby designated as the official state gem of New Hampshire.

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

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

    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

    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

    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

    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

    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

    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

    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 3:24

    3:24 State Fruit. – The pumpkin is hereby designated as the official state fruit of New Hampshire.

Source. 2006, 93:1, eff. July 5, 2006.

Section 3:25

    3:25 State Dog. – The chinook is hereby designated as the official state dog of New Hampshire.

Source. 2009, 62:1, eff. Aug. 7, 2009.

Section 3:26

    3:26 State Beverage. – Apple cider is hereby designated as the official state beverage of New Hampshire.

Source. 2010, 277:1, eff. Sept. 6, 2010.

Section 3:27

    3:27 State Vegetable. – The white potato is hereby designated as the official state vegetable of New Hampshire.

Source. 2013, 54:1, eff. Aug. 3, 2013.

Section 3:28

    3:28 State Wildcat. – The bobcat (Lynx rufus) is hereby designated as the official state wildcat of New Hampshire.

Source. 2015, 90:1, eff. Aug. 4, 2015.

Section 3:29

    3:29 State Poultry. – The New Hampshire Red is hereby designated as the official state poultry of New Hampshire.

Source. 2018, 268:1, eff. June 18, 2018.

Section 3:30

    3:30 State Raptor. – The red-tailed hawk, Buteo jamaicensis, is hereby designated as the state raptor of New Hampshire.

Source. 2019, 73:1, eff. June 14, 2019.

Section 3:31

    3:31 State Spider. – The daring jumping spider (Phidippus audax) is hereby designated as the official state spider of New Hampshire.

Source. 2021, 75:1, eff. June 11, 2021.