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. 2001, 192:1, eff. Sept. 3, 2001.
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
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 4:4
4:4 Adjustment of Terms of Office. –
In cases where the terms of office of the members of any permanent state board, commission or committee do not expire in successive years, the governor, with the advice and consent of the council may in making any appointment or filling any vacancy to such office, appoint any person for a period less than the full term in order to adjust the commissions of each member so that their terms of office will expire in successive years.
Source. 1943, 39:2, eff. March 3, 1943.
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
4:6 Assignment of Rooms to Departments. –
[Repealed 1985, 399:24, I, eff. July 1, 1985.]
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
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
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
4:8 Gifts to the State. –
I. 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.
II. Notwithstanding paragraph I, the commissioner of corrections may accept gifts of personal property for the benefit of the department of corrections valued at $1,000 or less.
Source. 1923, 32:1, 2. PL 19:8. RL 27:13. 2009, 140:1, eff. Aug. 28, 2009.
Section 4:8-a
4:8-a Gifts for Historic Sites and the Community College System of New Hampshire. –
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, community college system of New Hampshire, may accept gifts of personal property and money pursuant to RSA 188-F:6. 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. 1998, 272:41; 363:3, eff. Aug. 25, 1998. 2007, 361:3, eff. July 17, 2007.
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
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. For the purpose of this section the provisions of RSA 21-I shall not apply.
(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. 2004, 81:5, eff. Jan. 1, 2005.
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
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. 1998, 363:3. 1999, 296:3, eff. Sept. 14, 1999.
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, construction, and maintenance 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. 2004, 81:6, eff. Jan. 1, 2005.
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
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
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
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 4:9-i
4:9-i Public Works Employee Memorial. –
I. There shall be a memorial to commemorate New Hampshire public works employees who were killed while performing public works duties on behalf of a municipality, a county, or the state. The memorial shall be situated on a site to be determined by the committee established in RSA 4:9-j. The governor is authorized to accept in the name of the state the public works employee memorial as a private gift upon its completion.
II. (a) The director of operations, subject to the direction and supervision of the commissioner of transportation, shall act as the custodian of the public works employee memorial, and shall have charge of all matters relating to the care, maintenance, repair, and additions to the memorial.
(b) The director of operations, subject to the direction and supervision of the commissioner of transportation, shall administer and disburse to the committee established in RSA 4:9-j the moneys in the special account established under RSA 4:9-j. 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 public works employee memorial.
Source. 2009, 109:1, eff. Aug. 14, 2009.
Section 4:9-j
4:9-j Committee Established; Special Account. –
I. A committee is established to oversee the location, design, and construction of a public works employee memorial and to privately raise and expend all the funds necessary for its construction and maintenance. 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 non-lapsing account in the state treasury, to be expended for the purposes of the public works employee 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 public works employee memorial for the purpose of overseeing maintenance and approving any change to the memorial, such as the addition of names to the memorial. Any site change for the memorial shall be made under the supervision of the director of operations of the department of transportation, according to the provisions of RSA 4:9-i, II.
Source. 2009, 109:1, eff. Aug. 14, 2009.
Section 4:9-k
4:9-k Committee Membership and Duties. –
I. The members of the committee established in RSA 4:9-j shall be as follows:
(a) One member appointed by the New Hampshire Public Works Association.
(b) One member appointed by the New Hampshire Road Agents Association.
(c) One member appointed by the New Hampshire Municipal Association.
(d) The commissioner of transportation, or designee.
(e) One member, who shall be a classified state employee of the department of transportation, appointed by the New Hampshire State Employees Association.
(f) One member, who shall be a family member of a public works employee who died in the course of performing public works duties on behalf of the state, appointed by the governor.
II. The members of the committee shall elect a chairperson from among the members. The commissioner of transportation, or designee, shall call the first meeting of the committee. Four members of the committee shall constitute a quorum.
III. The committee shall select the location and design for the public works employee memorial and oversee the construction and maintenance of the memorial. The award of the contract for the construction of the public works employee memorial shall be subject to the approval of the governor and council. The committee shall advise and inform the municipality in which the memorial is located as to the design, construction plans, and location for the memorial.
IV. The committee, through the New Hampshire public works community, shall privately raise all the money necessary for the planning, design, construction, and maintenance of the public works employee memorial. Notwithstanding RSA 4:9-i, II(b), the committee shall have the authority to expend the money raised without the approval of governor and council.
Source. 2009, 109:1, eff. Aug. 14, 2009.
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
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
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
4:12-a Coordinator of Federal Funds. –
[Repealed 1986, 141:4, eff. July 1, 1986.]
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
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
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-12-f
4:12-d to 4:12-f Repealed. –
[Repealed 1987, 283:11, eff. May 25, 1987.]
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.]
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.]
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
4:13 Governor's Secretary and Clerical Assistants. –
[Repealed 1970, 46:2, eff. July 1, 1970.]
Section 4:13-a
4:13-a Facsimile Signature of Governor. –
[Repealed 1959, 217:2, eff. Aug. 16, 1959.]
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
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
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
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
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
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
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
4:13-i United States Army, Navy, Air Force, Coast Guard, and Marine Corps; 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, Coast Guard, and Marine Corps, 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.
V. United States Marine Corps, November 10.
Source. 2000, 102:1, eff. July 7, 2000. 2004, 22:1, eff. June 4, 2004.
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
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 4:13-l
4:13-l General John Stark Day. –
The governor shall annually proclaim the fourth Monday in April as General John Stark Day and shall urge cities and towns throughout the state to observe this day in commemoration of General Stark's gallant and illustrious service to New Hampshire and his country.
Source. 2003, 183:2, eff. Aug. 23, 2003.
Section 4:13-m
4:13-m Firefighters Memorial Day. –
In recognition of the service given by the men and women who, night and day, serve the people of this state as firefighters, and inviting the governments, communities, and people of this state to observe such day with appropriate ceremonies and activities, the governor shall proclaim the second Sunday in October of each year as Firefighters Memorial Day in honor of the firefighters who have been killed or disabled in the line of duty and those still serving.
Source. 2007, 275:1, eff. Sept. 1, 2007.
Section 4:13-n
4:13-n Emergency Medical Services Provider Recognition Day. –
In recognition of the service given by the men and women who, night and day, serve the people of this state as first responders, emergency medical technicians, and paramedics, and inviting the governments, communities, and people of this state to observe such day with appropriate ceremonies and activities, the governor shall proclaim the first Saturday in May of each year as Emergency Medical Services Provider Recognition Day in honor of the emergency medical services providers who have been killed or disabled in the line of duty and those still serving.
Source. 2008, 78:1, eff. July 20, 2008.
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
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
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
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
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
4:19 Emergency Repairs. –
In case of emergency occasioned by the partial or total destruction, failure, or damage, by fire or otherwise, of any building or any other property belonging to the state, or used by any state department, or in the case of destruction or failure of, or damage to, the physical or technological infrastructure of any department or other state entity, the governor, with the consent of the council, may provide by contract for such repairs, new building, new property, or new equipment or may provide by contract for such temporary accommodation as he or she may deem necessary to replace those destroyed, damaged, or which have failed, and may draw 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. 2009, 162:1, eff. Sept. 6, 2009.
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.
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
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
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
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
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
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
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
4:27-a Petition; Award. –
[Repealed 1977, 595:4, eff. July 1, 1977.]
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.
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
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
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
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
4:31 Vesting of Title. –
[Repealed 1983, 297:13, I, eff. Aug. 17, 1983.]
Section 4:32
4:32 Notice. –
[Repealed 1983, 297:13, II, eff. Aug. 17, 1983.]
Section 4:33
4:33 Hearing. –
[Repealed 1983, 297:13, III, eff. Aug. 17, 1983.]
Section 4:34
4:34 Assessment of Damages. –
[Repealed 1983, 297:13, IV, eff. Aug. 17, 1983.]
Section 4:35
4:35 Jury Trial. –
[Repealed 1983, 297:13, V, eff. Aug. 17, 1983.]
Section 4:36
4:36 Decree. –
[Repealed 1983, 297:13, VI, eff. Aug. 17, 1983.]
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
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
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
4:39-a New Hampshire Hospital Real Estate. –
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 and be responsible for maintaining, with the exception of the interior maintenance and maintenance of grounds of certain properties pursuant to RSA 21-I:11, X, and leasing 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.
Source. 1987, 381:1. 1995, 310:181, eff. Nov. 1, 1995. 2005, 291:22, eff. July 25, 2005.
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 4:39-c
4:39-c Disposal of Highway or Turnpike Funded Real Estate. –
Disposal of real estate purchased with state or federal highway funds, or both, or with turnpike funds shall occur as follows:
I. Upon recommendation of the commissioner of the department of transportation to dispose of or lease property purchased with state or federal highway funds or both, or turnpike funds, the request for disposal or leasing shall be reviewed and approved by the long range capital planning and utilization committee before 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 government of 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. Sales of real property under this section shall be at not less than 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.
III. The proceeds from a sale, conveyance, transfer, or lease under this section shall be credited to either the highway fund or the turnpike fund, whichever fund provided money for the original purchase.
IV. This section shall not apply to the exchange of state-owned lands for other lands of equal or greater value, which are under the jurisdiction of the department of transportation and used by the department during right-of-way negotiations, or to the sale of buildings that need to be moved to clear such rights-of-way for public projects found necessary under other state laws.
Source. 2005, 12:1, eff. July 2, 2005. 2007, 100:1, eff. Aug. 10, 2007.
Section 4:39-d
4:39-d Leasing of State-Owned Real Estate on Public Waters. –
Beginning January 1, 2010 the following shall apply to new leases:
I. Portions of real estate owned by the state that are on the shores of public waters, as defined by RSA 271:20, and managed by a state agency, except for the lands managed by the bureau of rail and transit in the department of transportation according to RSA 228:57-a, may be leased for private, noncommercial use by owners of adjacent residentially developed properties that are either fully constructed or for which owners can demonstrate incurring substantial liabilities in a reasonable good faith reliance on the absence of controlling law or regulation, known as vested rights, prior to January 1, 2011. The following shall constitute sufficient evidence of vested rights:
(a) The activities are specifically identified in a building permit application that has been approved by the appropriate municipal board or official with authority over building permits prior to January 1, 2011; or
(b) At a minimum, a concrete foundation, or its equivalent, for the primary structure was installed prior to January 1, 2011.
II. Any property owner meeting the requirements of this section may request in writing to be allowed to lease such property from the state. However, when the adjacent property is owned by more than one individual, such as a condominium association, the association, only as a single entity, may request the lease. In no case shall more than one access point to the leased property be allowed.
III. In addition to paragraph I, portions of real estate owned by the state and managed by a state agency that are on the shores of public waters as defined by RSA 271:20, may be leased by persons who can demonstrate the intent to provide a public use or benefit by utilizing the state land, provided the proposed lease is reviewed in accordance with all relevant procedures related to the disposal of state-owned property and provided the lease is compliant with all statutory requirements for the use of the land.
IV. Leases shall be for a period of not more than 5 years.
V. Leases may be renewed after the initial lease period has expired, provided that the use of the leased property remains noncommercial and private, payments have been made by the lessee according to the lease, all statutory conditions are met, and the lessee is compliant with all state and federal permit requirements. Such lease renewals shall not be for more than 5 years at a time, unless extended by authorization of the long range capital planning and utilization committee and the governor and council. This paragraph shall apply to all lease renewals regardless of their date of origin.
VI. Leases and renewals under this section shall be subject to all other requirements related to the disposal or lease of state-owned property, including but not limited to RSA 4:39-c and RSA 4:40. Nothing in this section shall be interpreted as limiting the ability of the state to impose reasonable conditions and restrictions or to determine a reasonable price with respect to any leased property.
Source. 2009, 254:1, eff. Jan. 1, 2010.
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-c, RSA 228:31-b, and RSA 204-D, upon recommendation of the head of any state department having jurisdiction over the same, 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, with advice from the council on resources and development, 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.
III-a. All state agencies shall charge an administrative fee for the disposal of real property under this section. The administrative fee shall be at least $1,100 and shall be subject to the approval of the long range capital planning and utilization committee, except that the committee may waive or approve a fee less than $1,100 in appropriate circumstances, provided the authority of the committee to waive or lower the fee shall be applied in a fair and consistent manner. The revenue from the administrative fees shall be deposited into the general, highway, turnpike, or fish and game fund, depending on which fund initially purchased the property, except that for disposals of real property by the department of resources and economic development the administrative fee shall be deposited into the separate account within the forest improvement fund, as provided in RSA 227-G:5, II(b), for the purchase and improvement of areas suitable for state reservations.
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. 2005, 12:2, eff. July 2, 2005; 212:4, eff. Aug. 30, 2005; 291:23, eff. July 25, 2005; 291:26, eff. Aug. 30, 2005 at 12:01 a.m. 2006, 98:1, eff. July 8, 2006; 307:1, eff. July 1, 2006. 2008, 351:1, eff. Sept. 5, 2008.
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
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. 1996, 296:34, eff. Aug. 9, 1996.
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
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
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.
Compensation of Governor and Councilors
Section 4:41
4:41 Governor's Salary. –
[Repealed 1961, 221:6, eff. July 1, 1961.]
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.
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
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
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
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 commissioner of safety, 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.
(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.
I-a. Under no circumstances shall this section be construed to authorize the taking, confiscation, or seizure of firearms, ammunition, or ammunition components.
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 commissioner of safety. 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. 2003, 319:99, 100, eff. Sept. 4, 2003. 2006, 124:1, 2, eff. July 14, 2006.
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.