TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 7
ATTORNEYS GENERAL, DIRECTOR OF CHARITABLE TRUSTS, AND COUNTY ATTORNEYS
The Attorney General
Section 7:1
7:1 Appointment; Attorney General and Deputy. –
The attorney general and deputy attorney general shall be appointed as provided in RSA 21-M:3.
Source. Const. II, 46. RSA 13:2. CS 13:1. GS 15:1. GL 16:1. PS 17:1. PL 16:1. RL 24:1. 1943, 39:6. RSA 7:1. 1985, 300:9, eff. Jan. 1, 1986.
Section 7:2
7:2 Repealed by 1985, 300:29, I, eff. Jan. 1, 1986. –
Section 7:3
7:3 Authority. –
The deputy attorney general shall act as attorney general whenever the latter is absent or unable to act from any cause, or whenever there is a vacancy in the office, provided he shall not so act when the governor and council have appointed an acting attorney general in accordance with the provisions of RSA 7:15.
Source. PS 286:13. 1911, 190:8. 1921, 118:1. 1925, 181:1. PL 16:4. 1941, 20:1. RL 24:4. 1950, 5, part 5:4. 1953, 265:1. RSA 7:3. 1971, 134:1, eff. July 20, 1971.
Section 7:4
7:4 Repealed by 1985, 300:29, I, eff. Jan. 1, 1986. –
Section 7:5
7:5 Offices. –
The offices of the attorney general, the deputy attorney general, and the assistant attorneys general shall be in Concord and each shall have been admitted to the practice of law in New Hampshire.
Source. PS 286:13. 1911, 190:8. 1921, 118:1. 1925, 181:1. PL 16:4. 1941, 20:1. RL 24:4. 1950, 5, part 5:4, eff. June 30, 1950.
Section 7:6
7:6 Powers and Duties as State's Attorney. –
The attorney general shall act as attorney for the state in all criminal and civil cases in the supreme court in which the state is interested, and in the prosecution of persons accused of crimes punishable with death or imprisonment for life. The attorney general shall have and exercise general supervision of the criminal cases pending before the supreme and superior courts of the state, and with the aid of the county attorneys, the attorney general shall enforce the criminal laws of the state. The attorney general shall have the power to collect uncollected debts owed to the state as set forth in RSA 7:15-a.
Source. RS 13:2. CS 13:2. GS 15:2. GL 16:2. 1881, 82:1. PS 17:4. 1911, 190:2, 4. PL 16:5. RL 24:5. 1996, 124:1. 2007, 346:2, eff. July 1, 2007.
Section 7:6-a
7:6-a Law Enforcement Manual. –
Under the direction of the attorney general there shall be prepared and distributed from time to time a law enforcement manual, with revisions and supplements. This manual shall contain interpretations of law pertaining to the duties of peace officers, law of arrest, admissibility of evidence, trial procedure, instructions in the handling of missing child and missing adult cases, and such other material as the attorney general deems necessary. This manual and its revisions and supplements shall be for distribution to such law enforcement officials as the attorney general may determine upon the payment of such price therefor as determined by the attorney general, and in addition at no charge one copy to each member of the general court requesting the same and 6 copies to the office of legislative services.
Source. 1957, 205:1. 1971, 435:1. 1985, 318:1. 2005, 247:1, eff. Sept. 12, 2005.
Section 7:6-b
7:6-b Certain Records of Communications Common Carriers. –
I. Every communications common carrier, as defined in RSA 570-A:1, IX, upon the written demand of the attorney general that the attorney general has reasonable grounds for belief that the service furnished to a person or to a location by such communications common carrier has been, is being, or may be used for an unlawful purpose, shall furnish to the attorney general:
(a) The names and addresses of persons to whom stated listed or unlisted telephone numbers are assigned.
(b) The names and addresses of persons to whom any stated or identified services are provided.
(c) Any local and long distance billing records for any subscriber to, or customer of telephone service or wireless telephone service as defined in RSA 638:21, XI.
(d) The length of service provided to a subscriber or customer by the communications common carrier.
(e) The types of services provided to the subscriber or customer by the communications common carrier, and
(f) The telephone number or other subscriber number or identity.
II. No such communications common carrier nor any agent, servant, or employee thereof, shall be civilly or criminally responsible or liable for furnishing or delivering any records or information in compliance with said demand and the attorney general shall not disclose any information obtained as a result of said demand except as it is essential to the proper discharge of the attorney general's duties. Any such written demand by the attorney general shall be understood to constitute an administrative subpoena for purposes of determining compliance with federal law.
III. The attorney general may delegate authority under this section to any assistant attorney general. Where the offense under investigation is defined in RSA 318-B or RSA 649-B, the attorney general may delegate authority under this section to a county attorney. A county attorney may further delegate authority under this section to any assistant county attorney in the county attorney's office. The county attorney may exercise this authority only in cases within the jurisdiction of that county attorney. The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Circumstances under which an assistant attorney general, a county attorney, or an assistant county attorney may issue such demands to communications common carriers under this section.
(b) The procedures for applying for such demands.
(c) The records of such demands which shall be kept and maintained.
Source. 1969, 298:1. 2001, 181:1, eff. Sept. 3, 2001.
Section 7:6-c
7:6-c Enforcement of the Election Laws. –
I. Upon receipt of a signed written complaint, or upon his or her own motion, the attorney general may in his or her discretion, conduct investigations to determine whether any violation of the election laws has occurred and may prosecute anyone responsible for such a violation. In conducting an investigation under this section the attorney general may enlist the aid of the county attorneys, the state police, and other public officers. In the exercise of his or her powers and duties under this section, the attorney general may hold hearings and require the attendance of individuals by the use of subpoena and may require the production of books, documents, records, and other tangible goods by use of subpoena duces tecum. Any testimony required by the attorney general at a hearing which he or she is empowered to hold under this section shall be given under oath. The attorney general shall maintain records of complaints and investigations of alleged violations of the election laws.
II. (a) Beginning January 31, 2013, the attorney general shall, at least once during every 6-month period, provide a rolling report to the general court on the status of all complaints of alleged violations of the election laws received. The attorney general shall submit the report to the standing committees of the senate and house of representatives with jurisdiction over election law.
(b) The report shall include, but not be limited to the following:
(1) A summary of complaints received during the preceding 6 months, or during the period since the previous report if such period is less than 6 months, including the number of complaints categorized by type of complaint and month received.
(2) For each complaint investigated, the results of the investigation and a description of actions taken following the investigation.
(3) For each complaint not investigated, an explanation of why the complaint was not investigated.
(c) The requirements of subparagraph (b)(2) or (b)(3) may be satisfied by including with the report, for the complaint described, a closure letter, settlement agreement, cease and desist order, or complaint filed with a court, or any other official communication.
Source. 1971, 314:1. 2012, 95:1, eff. May 29, 2012.
Section 7:6-d
7:6-d Private Practice Prohibited. –
The attorney general, deputy attorney general, assistant attorneys general and all attorneys employed by the department of justice shall not directly or indirectly engage in the private practice of law, nor shall they accept any fees or emoluments other than their official salaries for any legal services. Private practice of law shall not include the provision of legal services without charge to the members of an attorney's family when the same shall not conflict with the attorney's official duties. The provisions of this section shall not apply to the director of charitable trusts, nor to special counsel retained by the attorney general.
Source. 1975, 180:1. 1985, 300:7, I(a), eff. Jan. 1, 1986.
Section 7:6-e
7:6-e Disposition of Funds Obtained by the Attorney General. –
I. No money received by the attorney general, on behalf of the state or its citizens as a result of any civil judgment, settlement of a claim, settlement of threatened litigation, suit, petition, or other action or threatened action, shall be expended or otherwise distributed until authorized by the fiscal committee of the general court, except in those instances where the disposition of money received by the attorney general is already provided for in statute. Additionally, whenever the department of justice receives judgment or settlement money in excess of $1,000,000, the first 10 percent of those funds shall be transferred to the revenue stabilization reserve account established in RSA 9:13-e.
II. Upon resolving a matter described in paragraph I, the attorney general shall promptly report to the fiscal committee of the general court any money received under this section. All reports under this paragraph shall include, but shall not be limited to:
(a) The date of the judgment or settlement.
(b) The reason for the judgment or settlement.
(c) The purpose for which the judgment or settlement is to be used.
(d) The amount of the judgment or settlement.
(e) An accounting of the allocation of each judgment or settlement.
III. This section shall not apply to fines received by the attorney general in criminal cases, penalty assessment funds, drug forfeiture funds as provided in RSA 318-B:17-b and RSA 318-B:17-c, fines or civil penalties authorized by state law as a result of enforcement actions taken by state agencies or the attorney general, and money received on behalf of a victim or the state as restitution.
Source. 2014, 214:2, eff. Sept. 9, 2014. 2016, 329:6, eff. Jan. 1, 2017.
Section 7:6-f
[RSA 7:6-f effective until July 1, 2024; see also RSA 7:6-f set out below.]
7:6-f Disposition of Consumer Protection Settlement Funds. –
Any funds received by the attorney general on behalf of the state or its citizens as a result of any civil judgment or settlement of a claim, suit, petition, or other action under RSA 358-A or related consumer protection statutes shall be deposited in a consumer protection escrow account. The consumer protection escrow account shall at no time exceed $5 million, with any amount in excess of $5 million deposited into the general fund, except as otherwise provided in RSA 126-A:83. The attorney general shall not include language in any consumer protection settlement that restricts any payments to the state for attorneys' fees, investigation and litigation costs, consumer education, or consumer protection enforcement to the consumer protection escrow account or any other account or fund.
Source. 2015, 276:216, eff. July 1, 2015. 2020, 39:56, eff. July 1, 2020.
Section 7:6-g
7:6-g Health Care Consumer Protection Trust Fund Established. –
I. In this section:
(a) "Acquisition transaction" or "acquisition" means transfer of control, direct or indirect, of a health care organization, or of 25 percent or more of the assets thereof, including, but not limited to, purchases, mergers, leases, gifts, consolidations, exchanges, joint ventures, or other transactions involving transfer of control or of 25 percent or more of assets. However, changes in membership of the governing body of a health care organization occurring through regular election or filling of vacancies in accordance with the bylaws thereof do not of themselves constitute acquisition transactions within the meaning of this section.
(b) "Health care organization" means an entity organized to provide health care services including, but not limited to, hospitals, community health services, and medical-surgical or other diagnostic or therapeutic facilities or services, or an entity operating as a health insurer or health maintenance organization.
II. There is hereby established in the state treasury, the health care consumer protection trust fund that shall be kept separate and distinct from all other funds. All proceeds received by the state from any settlement, judgment, or other resolution related to any acquisition or acquisition transaction shall be deposited into the trust fund, provided that any proceeds obtained to reimburse the department of justice pursuant to RSA 356:4-b, or RSA 358-A:6, IV for all costs related to the review, investigation, or litigation of any acquisition or acquisition transaction may be deposited in appropriate funds as designated by the attorney general. The fund may also receive moneys through private contributions or appropriations from the general court. Any amount received in connection with an acquisition or acquisition transaction that would have been deposited into the general fund under RSA 7:6-e or RSA 7:6-f shall be deposited into the trust fund. All moneys in the trust fund shall be nonlapsing and continually appropriated to the department of justice. Any earnings on trust fund moneys shall be added to the trust fund.
III. The attorney general shall administer the health care consumer protection trust fund and may only expend funds in the trust fund upon approval by the health care consumer protection advisory commission established in RSA 7:6-h and the governor and council.
IV. Funds from the health care consumer protection trust fund shall be expended solely for the purpose of benefiting health care consumers in the state and in accordance with any relevant terms of the settlement, judgment, or other resolution by which the funds were received. Expenditures from the trust fund may include, but are not limited to, expenditures by the department of justice, grants to state agencies, grants to municipalities, or grants to non-governmental recipients.
V. The attorney general may, if necessary, negotiate terms in a settlement, judgment, or other resolution that specify a particular use or reasonable restrictions for funds deposited into the health consumer protection trust fund, provided that any specified use must be one that benefits health care consumers in the state.
Source. 2023, 79:490, eff. July 1, 2023.
Section 7:6-h
7:6-h Health Care Consumer Protection Advisory Commission Established. –
I. There is hereby established the health care consumer protection advisory commission, which shall consult with and advise the attorney general relative to the proper administration and management of the health care consumer protection trust fund, as established in RSA 7:6-g, and shall approve all expenditures from that trust fund.
II. The commission shall consist of the following members:
(a) The attorney general, or designee.
(b) The commissioner of the department of health and human services, or designee.
(c) The commissioner of the department of insurance, or designee.
(d) One member of the house of representatives, appointed by the speaker of the house of representatives.
(e) One member of the senate, appointed by the president of the senate.
(f) Two public members with experience in the health care industry, appointed by the governor.
III. Each member of the advisory commission shall have one vote, with all actions being taken by an affirmative vote of the majority of present members. Four members shall constitute a quorum. The advisory commission shall elect a chair and vice-chair from among its members. Public members of the advisory commission shall serve 2- year terms.
IV. Members of the advisory commission shall receive no compensation except for legislative members who shall receive the legislative rate for mileage when attending to their duties on the commission.
V. Meetings of the advisory commission shall be conducted in accordance with RSA 91-A and take place as necessary to ensure efficient and responsible expenditure of funds.
VI. The department of justice shall provide administrative support to the advisory commission.
Source. 2023, 79:490, eff. July 1, 2023.
Section 7:7
7:7 Opinions to Legislature. –
He shall, when required by either branch of the general court, give his opinion upon any question of law submitted to him therefrom.
Source. 1911, 190:1. PL 16:7. RL 24:6.
Section 7:8
7:8 Advice to Departments; Supervision. –
He shall, when requested, advise any state board, commission, agent or officer as to questions of law relating to the performance of their official duties, and he shall, under the direction of the governor and council, exercise a general supervision over the state departments, commissions, boards, bureaus, and officers, to the end that they perform their duties according to law.
Source. 1911, 190:1. PL 16:8. RL 24:7.
Section 7:8-a
7:8-a Division of Public Protection. –
I. There is hereby established within the office of the attorney general a division of public protection. The division shall be supervised by a division director who shall be an associate attorney general appointed under RSA 7:16.
II. The division shall include the following units:
(a) a bureau of criminal justice;
(b) a bureau of consumer protection;
(c) a bureau of environmental protection.
Source. 1985, 410:3, eff. July 3, 1985.
Section 7:8-b
7:8-b Division of Legal Counsel. –
I. There is hereby established, within the office of the attorney general, a division of legal counsel. The division shall be supervised by an associate attorney general appointed under RSA 7:16.
II. The division of legal counsel shall consist of the following units:
(a) A bureau of civil law.
(b) A transportation and construction bureau.
(c) An office of the solicitor general.
III. The division shall also be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 7:32-a.
Source. 1985, 410:3. 1987, 406:1, eff. July 25, 1987. 2018, 127:1, eff. July 29, 2018.
Section 7:9
7:9 Direction by Governor. –
The governor and council may, in any action or proceeding, wherever pending, represent to the attorney general that he should appear to protect the interests of the state or of the people, and thereupon it shall be his duty to appear.
Source. 1911, 190:1. PL 16:9. RL 24:8.
Section 7:10
7:10 Direction by Public Utilities Commission. –
The public utilities commission may, in any action or proceeding before it, represent to the attorney general that he should appear to protect the interests of the people of the state or of any subdivision thereof, and thereupon it shall be his duty to appear.
Source. 1929, 144:1. RL 24:9.
Section 7:10-a
7:10-a Missing Child Bulletin. –
I. The department of safety, under the direction of the attorney general, shall prepare a periodic information bulletin concerning missing children who may be present in this state, from information contained in the national crime information center computer. The bulletin shall indicate the names and addresses of those minors who are the subject of missing children cases and other information that he considers appropriate.
II. The department of safety shall send a copy of each periodic bulletin prepared pursuant to this section to each law enforcement agency in this state. The department shall provide a copy of the bulletin, upon request, to other persons or entities. The department may establish a reasonable fee for a copy of a bulletin provided to persons or entities other than law enforcement agencies in this or other states or of the federal government, governmental entities of this state, and libraries in this state.
Source. 1985, 318:2, eff. July 1, 1985.
Section 7:10-b
7:10-b Missing Adults. –
The attorney general shall establish uniform procedures for law enforcement agencies to follow when receiving reports of missing adult persons and conducting investigations to determine whether the person is missing. These procedures shall include methods of communicating descriptive information about the missing person to other law enforcement agencies, to the extent allowed by federal law.
Source. 2005, 247:2, eff. Sept. 12, 2005.
Section 7:11
7:11 Duties Not Exclusive. –
Nothing herein contained shall relieve any officer or person of any duty prescribed by law relative to the enforcement of any criminal law, but such officer or person, in the enforcement of such law, shall be subject to the control of the attorney general whenever in the discretion of the latter he shall see fit to exercise the same.
Source. 1911, 190:9. PL 16:10. RL 24:10.
Section 7:12
7:12 Assistants. –
I. With the approval of the joint legislative fiscal committee and the governor and council, the attorney general may employ counsel, attorneys, detectives, experts, accountants and other assistants in case of reasonable necessity, and may pay them reasonable compensation, on the warrant of the governor, out of any money in the treasury not otherwise appropriated.
II. With the approval of the joint legislative fiscal committee and the governor and council, the attorney general may expend funds in excess of budgeted amounts to pay witness fees. Such fees may be paid on the warrant of the governor, out of any money in the treasury not otherwise appropriated.
Source. 1911, 190:5. PL 16:11. 1929, 144:2. RL 24:11. RSA 7:12. 1989, 408:1. 2005, 177:186, eff. July 1, 2005.
Section 7:13
7:13 Transfer of Attorneys From Other Departments. –
I. If an agency head, in consultation with the attorney general, deems it to be in the best interests of the agency or department to transfer an employee authorized to do legal work to the department of justice, the agency head and the attorney general shall make such a request to the governor. If the governor deems such action to be in the best interest of the state, he or she is hereby authorized to transfer the employee, and all unexpended appropriations and funds allocated for the payment of such employee's salary, from the department or agency of the state to the department of justice, provided that if the unexpended appropriations and funds of the transferring agency are restricted by law, then the employee shall continue to perform legal work exclusively for the transferring agency in compliance with the funding restrictions. Upon transfer from the agency to the department of justice, the position shall be converted to an unclassified position. The transferring agency shall be responsible for any termination payouts due to the employee.
II. The attorney general shall be notified whenever an attorney position in an agency becomes vacant. The attorney general, in consultation with the agency head, shall evaluate whether the transfer of the vacant position to the department of justice would advance the provision of legal services to that agency. A transfer shall not be considered if the position is for a hearings examiner or an attorney who represents the state in child abuse and neglect proceedings, or requires specialized legal knowledge or experience in a subject matter unique to the agency. Upon request of the attorney general, the governor is authorized to transfer any vacant attorney position if the governor deems such transfer to be in the best interests of the state. If the agency head disagrees with the attorney general's request, he or she shall be afforded the opportunity to confer with the governor before a decision on the transfer request is made. When a transfer is made, all unexpended appropriations and funds allocated for the payment of the salary associated with such position shall be transferred from the agency to the department of justice, provided that if the unexpended appropriations and funds of the transferring agency are restricted by law, then any person filling the transferred position shall continue to perform legal work exclusively for the transferring agency in compliance with the funding restrictions. Upon transfer from the agency to the department of justice, the position shall be converted to an unclassified position.
Source. 1950, 5, part 5:1. 1981, 576:10. 1985, 300:7, I(a), eff. Jan. 1, 1986. 2015, 276:20, eff. July 1, 2015.
Section 7:14
7:14 Clerical Force. –
Subject to the state personnel regulations, and within the limits of available appropriations and funds, he may employ a law clerk and such clerical and stenographic assistants as may be necessary.
Source. 1911, 190:6. 1921, 75:1; 118:2. 1923, 124:1. 1925, 175:1; 179:1. PL 16:12. RL 24:12. 1950, 5, part 2:4, eff. June 30, 1950.
Section 7:14-a, 7:14-b
7:14-a, 7:14-b Repealed by 1967, 413:2, eff. July 1, 1967. –
Section 7:15
7:15 Incapacity. –
If the attorney general shall become incapacitated to perform his duties, the governor and council shall appoint an acting attorney general, who shall serve during such incapacity and be paid a reasonable compensation for his services and expenses.
Source. 1911, 190:7. PL 16:13. RL 24:13.
Section 7:15-a
7:15-a Collection of Debts Owed to the State. –
I. State agencies and departments may refer any uncollected debt owed to the state to the attorney general for collection after determining that a debt owed to the state cannot be collected through means other than an action in court. All debts collected pursuant to this section shall be credited to the debt recovery fund established in paragraph IV.
II. No debt may be referred to the attorney general unless:
(a) There have been at least 2 documented attempts in writing to notify the debtor of the existence of the debt and of the fact that the debt may be assigned to the attorney general for collection if it is not paid;
(b) At least 30 days have elapsed from the last notice attempt; and
(c) All applicable administrative remedies have been exhausted.
III. The attorney general may:
(a) Compromise the claim.
(b) Extend for a reasonable period the time for payment of the debt by agreeing to accept monthly or other periodic payments.
(c) Cancel the debt or cause it to be cancelled if the attorney general finds, after investigation, that any debt due and owing to the state cannot be reasonably collected.
IV. (a) There is established in the office of the state treasurer a nonlapsing fund to be known as the debt recovery fund which shall be kept distinct and separate from all other funds. The debt recovery fund is established to receive all recoveries of debts paid to the state under this section.
(b) A percentage of each amount collected under this section shall be retained in the debt recovery fund for the purpose of funding the costs of all debt collection. The percentage shall be set annually by the attorney general in consultation with the commissioner of the department of administrative services at 150 percent of the total costs and expenses of the debt collection during the prior fiscal year divided by the total debt collected. Any amount remaining in the fund at the end of a fiscal year in excess of 200 percent of the costs and expenses of debt collection during the fiscal year shall be paid in a proportional amount to the accounts for which they were collected.
(c) The treasurer shall deposit in the debt recovery fund all amounts collected by the department of justice under this section. The attorney general is authorized to accept, budget, and expend moneys in the debt recovery fund received from any party without the approval of the governor and council for the purposes of:
(1) After deducting the amounts authorized in subparagraph IV(b), transferring on a quarterly basis a proportional amount recovered to the accounts for which they were collected; and
(2) Recruitment, training, administration, overhead, and supervision of such assistant attorneys general and support staff as necessary for the purposes of this section.
(d) All moneys in the debt recovery fund shall be continually appropriated to the department of justice and shall not lapse.
(e) The state treasurer, upon approval of the attorney general, shall pay the expenses of recruitment, training, administration, and supervision of assistant attorneys general and support staff as necessary for the purposes of this section, and transfer a proportional amount of unretained funds recovered to the accounts for which they were collected.
V. For purposes of this section, the term "debt" shall include fines and other debts or amounts owed to the state.
VI. Notwithstanding any other provision of this section, and subject to the supervision of the attorney general as to matters of law, state agencies and departments may seek collection of debts in small claims court without referring the debt to the attorney general. The authorization granted to seek collection of debts in small claims court under this paragraph shall not be construed to constitute a waiver of the sovereign immunity of the state, or any other defense, right, immunity, or other protection under law, including any statutory provision.
Source. 2007, 346:1, eff. July 1, 2007.
Section 7:15-b
7:15-b Debt Collection Attorney. –
The department of justice shall have the authority to hire a full-time support attorney and such staff as may be necessary, who shall be responsible solely for all duties associated with the collection of debt owed to the state. The position shall be funded through the debt recovery fund established in RSA 7:15-a, IV.
Source. 2007, 346:4, eff. July 1, 2007.
Assistant Attorneys General
Section 7:16
7:16 Assistant Attorneys General. –
I. The attorney general, subject to the approval of the governor and council, may appoint assistant attorneys general within the limits of the appropriation made for the department of justice, each of whom shall hold office for a term of 5 years and may be removed only as provided under RSA 4:1. Any vacancy in such office may be filled for the unexpired term.
II. Associate attorneys general and senior assistant attorneys general appointed under RSA 21-M:3, shall serve as such at the pleasure of the attorney general.
Source. 1915, 116:1. PL 16:14. RL 24:14. 1950, 5, part 5:2, par. 15. RSA 7:16. 1957, 315:1. 1963, 209:1. 1967, 413:1. 1970, 19:2; 55:2. 1972, 60:43. 1973, 376:68. 1974, 40:97. 1975, 505:12. 1977, 600:48. 1979, 434:100. 1981, 568:22. 1985, 300:10, eff. Jan. 1, 1986; 410:4, eff. July 3, 1985.
Section 7:16-a
7:16-a Temporary Classification. –
I. In the event of a vacancy in the office of assistant attorney general, the attorney general may downgrade such office to the position of attorney I, II or III in his discretion for the purpose of filling the same with a person lacking sufficient experience to qualify for the office of assistant attorney general. Said position, when downgraded, shall entitle the person holding the same to all the rights and privileges of the classified state system except that the persons holding the same shall serve at the pleasure of the attorney general; and provided, that no later than the expiration of 3 years from the initial date of employment, the person holding such position shall either be nominated and confirmed in the office of assistant attorney general as provided in RSA 7:16 for the unexpired term or shall be discharged. In the event that said person is discharged, the attorney general may fill the vacancy in the office of assistant attorney general for the unexpired term as provided in RSA 7:16 or may again downgrade the position to attorney I, II, or III.
II. The attorney general may designate up to 3 full-time unclassified assistant attorneys general positions as temporary, part-time positions, provided such positions are vacant at the time of such designation. For the duration of the designation of such positions the attorney general, with the approval of the governor and council, may hire attorneys as part-time assistant attorneys general, provided that the per diem compensation of such employees shall not exceed the maximum equivalent per diem compensation of an assistant attorney general pursuant to RSA 94:1-a. The attorney general may employ part-time assistant attorneys general up to the limit of funds available for the full-time positions designated by the attorney general for part-time employment. A part-time assistant attorney general shall be governed by the same terms and conditions of employment as a full-time assistant attorney general, including the prohibition of the private practice of law under RSA 7:6-d, except that a part-time assistant attorney general shall serve at the pleasure of the attorney general.
III. For the duration of the temporary part-time positions designated under paragraph II of this section, the funds that would have been paid for benefits for the designated full-time positions, with the exception of social security benefits, shall be paid into the general fund of this state.
Source. 1971, 440:1. 1988, 258:1. 1994, 179:1, eff. July 22, 1994.
Section 7:17
7:17 Duties. –
The attorney general shall direct the work of his department but may assign such of his duties to the deputy and assistant attorneys general as he may deem advisable and in the interest of the public welfare.
Source. 1915, 116:3. PL 16:16. RL 24:16. 1950, 5, part 5:2, par. 16, eff. June 30, 1950.
Section 7:18
7:18 Salary. –
The annual salary of each assistant attorney general, senior assistant attorney general and associate attorney general shall be that prescribed by RSA 94:1-a.
Source. 1953, 265:1. RSA 7:18. 1985, 410:5, eff. July 3, 1985.
Environmental Protection Bureau
Section 7:18-a to 7:18-c
7:18-a to 7:18-c Repealed by 1985, 300:29, III, eff. Jan. 1, 1986. –
Unemployment Compensation
Section 7:18-d, 7:18-e
7:18-d, 7:18-e Repealed by 1985, 300:29, III, eff. Jan. 1, 1986. –
Director of Charitable Trusts
Section 7:19
7:19 Authority; Register Authorized; Pecuniary Benefit Limited. –
I. RSA 7:19 through 32-a inclusive shall apply to all trustees holding property for charitable purposes and to all persons soliciting for charitable purposes or engaging in charitable sales promotions; and the attorney general shall have and exercise, in addition to all the common law and statutory rights, duties and powers of the attorney general in connection with the supervision, administration and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions, the rights, duties and powers set forth in RSA 7:19 through 32-a inclusive. The attorney general shall also have the authority to prepare and maintain a register of all charitable trusts heretofore or hereafter established or active in this state. However, this subdivision does not apply to the United States; any state, territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico or to any of their agencies or governmental subdivisions or to any religious organization which holds property for charitable or religious purposes or their integrated auxiliaries or to conventions or associations of churches.
II. Directors, officers, and trustees of charitable trusts shall serve on the governing boards of such charitable trusts only for the charitable purposes of the organization. If such directors, officers or trustees are serving for any other expressed or intended reasons, they shall not serve on the governing board of the organization.
Source. 1943, 181:1, par. 13-a. 1947, 94:4. RSA 7:19. 1971, 439:1. 1987, 260:1. 1994, 228:1. 1996, 302:1. 1997, 184:1, eff. Jan. 1, 1998.
Section 7:19-a
7:19-a Regulation of Certain Transactions Involving Directors, Officers, and Trustees of Charitable Trusts. –
I. Definitions. In this section:
(a) "Director, officer, or trustee" means a director, officer, or trustee of a charitable trust.
(b) "Financial interest" means an interest in a transaction exceeding $500 in value for any officer, director, or trustee, on an annual aggregate basis. An "indirect" financial interest arises where the transaction involves a person or entity of which a director, officer, or trustee, or a member of the immediate family of a director, officer, or trustee, is a proprietor, partner, employee, or officer.
(c) "Pecuniary benefit transaction" means a transaction with a charitable trust in which a director, officer, or trustee of the charitable trust has a financial interest, direct or indirect. However, the following shall not be considered as pecuniary benefit transactions:
(1) Reasonable compensation for services of an executive director, and expenses incurred in connection with official duties of a director, officer, or trustee;
(2) A benefit provided to a director, officer, or trustee or member of the immediate family thereof if:
(A) The benefits are provided or paid as part of programs, benefits, or payments to members of the general public; and
(B) The charitable trust has adopted written eligibility criteria for such benefit in accordance with its bylaws or applicable laws; and
(C) The director, trustee, or family member meets all of the eligibility criteria for receiving such benefit;
(3) A continuing transaction entered into by a charitable trust, merely because a person with a financial interest therein subsequently becomes a director, officer, or trustee of the charitable trust.
(d) "Charitable trust" does not include, for purposes of this section only, an organization qualified as a private foundation under the applicable provisions of the United States Internal Revenue Code.
II. A pecuniary benefit transaction shall be prohibited unless it is in the best interest of the charitable trust and unless all of the following conditions are met:
(a) The transaction is for goods or services purchased or benefits provided in the ordinary course of the business of the charitable trust, for the actual or reasonable value of the goods or services or for a discounted value, and the transaction is fair to the charitable trust;
(b) The transaction receives affirmative votes from at least a 2/3 majority of all the disinterested members of the governing board of the charitable trust, which majority shall also equal or exceed any quorum requirement specified in the bylaws of the charitable trust:
(1) After full and fair disclosure of the material facts of the transaction to the governing board and after notice and full discussion of the transaction by the board;
(2) Without participation, voting, or presence of any director, officer, or trustee with a financial interest in the transaction or who has had a pecuniary benefit transaction with the charitable trust in the same fiscal year, except as the board may require to answer questions regarding the transaction; and
(3) A record of the action on the matter is made and recorded in the minutes of the governing board;
(c) The charitable trust maintains a list disclosing each and every pecuniary benefit transaction, including the names of those to whom the benefit accrued and the amount of the benefit, and keeps such list available for inspection by members of the governing board and contributors to the charitable trust. The list shall also be reported to the director of charitable trusts each year as part of the charitable trust's annual report required under RSA 7:28;
(d) If the transaction, or the aggregate of transactions with the same director, officer, or trustee within one fiscal year, is in the amount of $5,000 or more, the charitable trust publishes notice thereof in a newspaper of general circulation in the community in which the charitable trust's principal New Hampshire office is located, (or if there is no such office, then in a newspaper of general circulation throughout the state), and gives written notice to the director of charitable trusts, before consummating the transaction. At a minimum, such notice shall state that it is given in compliance with this section and shall include the name of the charitable trust, the name of any director, officer, or trustee receiving pecuniary benefit from the transaction, the nature of the transaction, and the specific dollar amount of the transaction.
III. Every director, officer, or trustee, or member of the immediate family of such director, officer, or trustee, who engages in a pecuniary benefit transaction with a charitable trust shall provide copies of all contracts, payment records, vouchers, other financial records or other financial documents at the request of the director of charitable trusts in accordance with RSA 7:24. All documents so provided may be disclosed to the public for inspection and copying, subject to applicable confidentiality laws.
IV. Every charitable trust shall adopt policies pertaining to pecuniary benefit transactions and conflicts of interest.
V. No charitable trust shall lend money or property to its directors, officers, or trustees. Any director, officer, or trustee who assents to or participates in the making of any such loan shall be jointly and severally liable to the charitable trust for the amount of such loan until it is repaid.
VI. No charitable trust shall sell, lease for a term of greater than 5 years, purchase, or convey any real estate or interest in real estate to or from an officer, director, or trustee without the prior approval of the probate court after a finding that the sale or lease is fair to the charitable trust. However, this paragraph shall not apply to a bona fide gift of an interest in real estate to a charitable trust by a director, officer, or trustee of the charitable trust.
VII. A pecuniary benefit transaction undertaken in violation of this section is voidable. The director of charitable trusts may investigate complaints regarding pecuniary benefit transactions and if, after an investigation pursuant to RSA 7:24, the director determines that a pecuniary benefit transaction is in violation of this section, the director may institute appropriate proceedings under RSA 7:28-f to enforce these provisions.
VIII. Any member of the governing board of a charitable trust shall have standing to petition, pursuant to RSA 491:22, for a declaratory judgment that one or more pecuniary benefit transactions of the charitable trust are void.
IX. The provisions of this section shall not apply to transactions between a charitable trust and its incorporators, members, or other contributors who are not also directors, officers, or trustees of the charitable trust, provided that such transactions are fair to the charitable trust.
X. Notwithstanding subparagraph I(c) of this section, in the case of hospitals, "pecuniary benefit transaction" shall not include reasonable compensation for professional services of members of the hospital's professional medical or nursing staff who also serve as members of the governing board of the hospital, if persons receiving such compensation do not constitute more than 25 percent of the membership of such board or the governing board of the charitable trust which owns the hospital.
XI. Notwithstanding subparagraph I(c) of this section, in the case of educational organizations normally maintaining a regular faculty and curriculum and normally having a regularly enrolled body of pupils or students in attendance at the place where their educational activities are regularly carried on, "pecuniary benefit transaction" shall not include reasonable compensation for professional services of members of the organization's faculty and staff who also serve as members of the governing board of the educational organization if such persons do not constitute more than 25 percent of the membership of such board.
Source. 1996, 302:2. 1997, 184:2, 3, eff. Jan. 1, 1998.
Section 7:19-b
7:19-b Standards for Acquisition Transactions Involving Health Care Charitable Trusts and Review by Director of Charitable Trusts. –
I. In this section:
(a) "Acquisition transaction" or "acquisition" means transfer of control, direct or indirect, of a health care charitable trust, or of 25 percent or more of the assets thereof, including, but not limited to, purchases, mergers, leases, gifts, consolidations, exchanges, joint ventures, or other transactions involving transfer of control or of 25 percent or more of assets. However, changes in membership of the governing body of a health care charitable trust occurring through regular election or filling of vacancies in accordance with the bylaws thereof do not of themselves constitute acquisition transactions within the meaning of this section.
(b) "Acquirer" means a person acquiring control, direct or indirect, of a health care charitable trust, or of 25 percent or more of the assets thereof.
(c) "Control" of a health care charitable trust means the power to elect a majority or more of the membership of the governing body thereof, or otherwise to direct the affairs thereof.
(d) "Health care charitable trust" means a charitable trust organized to provide health care services including, but not limited to, hospitals, community health services, and medical-surgical or other diagnostic or therapeutic facilities or services, or a charitable trust operating as a health insurer or health maintenance organization. "Health care charitable trust" shall not include any testamentary or inter vivos trust which is not organized to provide health care services.
II. The governing body of a health care charitable trust, or any other persons having authority to direct the affairs of a health care charitable trust, shall not approve the acquisition thereof unless the governing body has acted in good faith and in a manner consistent with its fiduciary duties to the health care charitable trust, and unless the following minimum standards are met:
(a) The proposed transaction is permitted by applicable law, including, but not limited to, RSA 7:19-32, RSA 292, and other applicable statutes and common law;
(b) Due diligence has been exercised in selecting the acquirer, in engaging and considering the advice of expert assistance, in negotiating the terms and conditions of the proposed transaction, and in determining that the transaction is in the best interest of the health care charitable trust and the community or communities which it serves, including the community's or communities' need for access to quality and affordable physical and mental health care services;
(c) Any conflict of interest, or any pecuniary benefit transaction as defined in this chapter, has been disclosed and has not affected the decision to engage in the transaction;
(d) The proceeds to be received on account of the transaction constitute fair value therefor;
(e) The assets of the health care charitable trust and any proceeds to be received on account of the transaction shall continue to be devoted to charitable purposes consistent with the charitable objects of the health care charitable trust and the needs of the community or communities which it serves, including the community's or communities' need for access to quality and affordable physical and mental health care services;
(f) If the acquirer is other than another New Hampshire health care charitable trust, control of the proceeds shall be independent of the acquirer; and
(g) Reasonable public notice of the proposed transaction and its terms has been provided to the community or communities served by the health care charitable trust, including, but not limited to, transaction documents and an analysis of how the transaction will meet the community's or communities' need for access to quality and affordable physical and mental health care services, along with reasonable and timely opportunity for such community, through well-noticed public hearings and other similar methods, to inform the deliberations of the governing body of the health care charitable trust regarding the proposed transaction.
III. Notice of a proposed acquisition transaction shall be given to the director of charitable trusts in writing to be received by the director no less than 180 days before consummation of the transaction. Such notice shall identify all parties to the transaction; shall set forth all material terms thereof, including, without limitation, any changes in control or ownership of assets, any acquisition price, any change in the capital structure and management, and any and all compensation paid or to be paid in connection therewith; shall include a copy of the minutes and other documents evidencing the decision of the governing body of the health care charitable trust, including documentation of steps taken to comply with paragraph II(g) of this section and any changes in the proposed transaction resulting therefrom, any relevant community needs assessment developed by the health care charitable trust, data and analysis demonstrating how the transaction will meet the community's or the communities' need for access to quality and affordable physical and mental health care services, and a copy of the acquisition agreement and financial statements of all parties; and shall include a certification signed by those members of the governing body or other person approving the acquisition on behalf of the health care charitable trust that the standards set forth in paragraph II of this section have been considered in good faith and complied with, together with such explanations and other documentation as may be necessary to demonstrate such compliance. The notice shall also include a statement from the acquirer specifying the manner in which it proposes to continue to fulfill the charitable objects of the health care charitable trust. Any information submitted pursuant to this section shall be subject to RSA 91-A.
IV. (a) Within a reasonable time, not to exceed 180 days after receipt of the notice specified in the preceding paragraph, the director shall determine compliance with the standards set forth in paragraph II of this section and shall notify the parties either that the director will take no further action with respect thereto, or that the director objects to the transaction on specified grounds. Within 90 days following receipt of the notice specified in the preceding paragraph, the director may require submittal of such additional information as may be reasonably necessary to make such a determination. In making such a determination, the director shall accept public comment and may conduct public hearings relating thereto within the time specified in this paragraph and may direct the health care charitable trust to publish notice thereof in a manner reasonably specified by the director. Such hearing may be conducted informally or in conformity with RSA 541-A, at the discretion of the director. The expenses of such public hearing shall be paid for by the parties to the proposed transaction, after consultation with the parties. Where the acquisition transaction involves assets, the fair value of which are in excess of $5,000,000, after consultation with the parties, the director may employ, at the parties' expense, expert assistance, including independent counsel and independent financial advisors that are reasonably necessary to make the determination specified in this paragraph.
(b) The director shall seek input and advice from the commissioner of the department of health and human services and the insurance commissioner and may obtain from them confidential health care data and information in performing his or her functions under this section.
V. In addition to all other powers conferred by statute or common law, the director may bring judicial proceedings to enjoin consummation of any acquisition transaction in which notice has not been provided in accordance with paragraph III of this section. Any acquisition transaction which has been consummated following the effective date of this section without such notice having been provided, or any acquisition transaction of which such notice was deceptive or materially inaccurate, shall be voidable through appropriate judicial proceedings instituted by the director of charitable trusts.
VI. (a) Nothing in this section shall derogate from authority of the attorney general, or the rights of others, provided by common law or other statute.
(b) This section shall not supplant or restrict the general powers of the probate courts with respect to charitable trusts pursuant to RSA 498, RSA 547:3 through 547:3-h, RSA 564-B:2-203, article 4 of RSA 564-B, or at common law. Nor do the standards set forth in paragraph II of this section supplant or restrict the standards that may lawfully be applied in connection with the doctrines of cy pres, deviation, and termination as applicable by the probate courts of this state in such proceedings.
(c) Notwithstanding the provisions of this section, the commissioner of insurance retains full jurisdiction to regulate any charitable trust operating as a health insurer or health maintenance organization, including through the application of RSA 401-B. If the insurance commissioner determines that an acquisition or acquisition transaction otherwise subject to the provisions of this section is necessary to avoid the future impairment or insolvency of either or both of the merging health insurers or health maintenance organizations, the commissioner may waive any of the provisions of this section.
Source. 1997, 280:1. 2004, 130:2, eff. Oct. 1, 2004. 2019, 293:1-3, eff. Jan. 1, 2020.
Section 7:20
7:20 Director of Charitable Trusts. –
The director of charitable trusts shall be appointed in the same manner as an assistant attorney general under RSA 7:16. The director, under the supervision of the attorney general, shall have and exercise all the common law and statutory rights, duties, and powers of the attorney general in connection with the supervision, administration, and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions.
Source. 1949, 39:1. 1955, 246:2. RSA 7:20. 1987, 406:2, eff. July 25, 1987.
Section 7:21
7:21 Definitions. –
For the purposes of this subdivision, the following words shall have the following meanings unless the context clearly indicates otherwise:
I. "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer shall benefit, in whole or in part, a charitable trust or purpose.
II. (a) "Charitable trust" means any fiduciary relationship with respect to property arising under the law of this state or of another jurisdiction as a result of a manifestation of intention to create it, and subjecting the person by whom the property is held to fiduciary duties to deal with the property within this state for any charitable, nonprofit, educational, or community purpose. Charitable trust includes, but is not limited to "charitable organization," as that term is defined in subparagraph (b). The fact that any person or entity sought to be charged with fiduciary duties is a corporation, association, foundation, or any other type of organization that, under judicial decisions or other statutes, has not been recognized as, or has been distinguished from, a charitable trust does not provide a presumption against its being a charitable trust as defined in this paragraph.
(b) "Charitable organization" means the following:
(1) Any person or entity that is determined by the Internal Revenue Service to be a tax exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, as that section now exists or may hereafter be amended; or
(2) Any other person or entity that is or holds itself out to be established, in whole or in part, for any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or other charitable purpose or any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. "Charitable organization" is not limited to those organizations to which contributions are tax deductible under section 170 of the Internal Revenue Code.
III. "Commercial co-venturer" means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable trusts or purposes and who conducts a charitable sales promotion.
IV. "Contribution" means the grant, promise, or pledge of money, credit, property, financial assistance, or other thing of any kind or value in response to a solicitation. It does not include bona fide fees, dues or assessments paid by members, provided that membership is not conferred solely as consideration for making a contribution in response to a solicitation.
V. "Fund raising counsel" means a person who for compensation plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable trust, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. No lawyer, investment counsellor, or banker who advises a person to make a contribution shall be deemed, as a result of such advice, to be a fund raising counsel. A bona fide salaried officer, employee or volunteer of a charitable trust shall not be deemed to be a fund raising counsel.
VI. "Paid solicitor" means a person who for compensation performs for a charitable trust any service in connection with which contributions are or shall be solicited in this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. No lawyer, investment counsellor, or banker who advises a person to make a charitable contribution shall be deemed, as the result of such advice, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable trust shall not be deemed to be a paid solicitor.
VII. "Solicit" and "solicitation" means the request directly or indirectly for money, credit, property, financial assistance, or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing of any kind or value, or any portion thereof, shall be used for a charitable purpose or benefit a charitable trust. Without limiting the scope of such terms, these words shall include the following methods of requesting or securing such money, credit, property, financial assistance or other thing of value:
(a) Any oral or written request.
(b) The making of any announcement to the press, by radio, television, telephone, or telegraph concerning an appeal or campaign by or for any charitable trust or purpose.
(c) The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support.
(d) The sale of, offer, or attempt to sell any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies, or other tangible item in connection with which any appeal is made for any charitable trust or purpose, or where the name of any charitable trust is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale shall be used for any charitable purpose or benefit any charitable trust. A solicitation shall be deemed to have taken place whether or not the person making the same receives any contribution.
VIII. "Trustee" means:
(a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust or charitable purpose.
(b) A corporation formed for the administration of a charitable trust pursuant to the directions of the settlor or at the instance of the trustee.
Source. 1943, 181:1, par. 13-b. 1947, 94:1. RSA 7:21. 1971, 439:2. 1987, 260:1. 1997, 184:4, eff. Jan. 1, 1998.
Section 7:22
7:22 Rules. –
The attorney general shall adopt such rules under RSA 541-A as may be reasonable or necessary to secure records and other information for the operation of the register and for the supervision, investigation, and enforcement of charitable trusts, charitable solicitations, and charitable sales promotions.
Source. 1943, 181:1, par. 13-c. 1947, 94:4. RSA 7:22. 1987, 260:1, eff. July 19, 1987.
Section 7:23
7:23 Inspection of Register. –
The register established under RSA 7:22 shall be open to the inspection of any person at such reasonable times and for such legitimate purposes as the attorney general may determine, provided, however, that the attorney general may by rule under RSA 541-A provide that the investigation of charitable trusts shall not be so open to public inspection.
Source. 1943, 181:1, par. 13-d. 1947, 94:4. RSA 7:23. 1987, 260:1, eff. July 19, 1987.
Section 7:24
7:24 Investigation. –
The attorney general may investigate at any time charitable trusts, charitable solicitations, and charitable sales promotions for the purpose of determining and ascertaining whether they are administered in accordance with law and with the terms and purposes thereof. For the purposes of such investigation the attorney general may require any person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency administering a trust, charitable solicitation, or charitable sales promotion or having an interest therein or knowledge thereof, to appear at such time and place as the attorney general may designate then and there under oath to produce for the use of the attorney general any and all books, memoranda, papers of whatever kind, documents of title or other evidence of assets or liabilities which may be in the ownership or possession or control of such person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency and to furnish such other available information relating to said trust, charitable solicitation, or charitable sales promotion as the attorney general may require. Any person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency administering a trust, charitable solicitation, or charitable sales promotion or having an interest therein or knowledge thereof, that is subject to an appearance by the attorney general has the right to have such appearance be in a physical location as determined by the office of the attorney general.
Source. 1943, 181:1, par. 13e. 1947, 94:4. RSA 7:24. 1987, 260:1, eff. July 19, 1987. 2023, 79:260, eff. July 1, 2023; 205:1, eff. Jan. 1, 2024.
Section 7:25
7:25 Notice to Attend Investigation. –
Whenever the attorney general may require the attendance of any such person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency, as provided in RSA 7:24, he shall issue a notice setting the time and place when such attendance is required and shall cause the same to be delivered or sent by registered mail to such person, agent, trustee, fiduciary, beneficiary, institution, association, corporation, or political agency at least 14 days before the date fixed in the notice for such attendance.
Source. 1943, 181:1, par. 13f. RSA 7:25. 1987, 260:1, eff. July 19, 1987.
Section 7:26
7:26 Repealed by 1987, 260:4, I, eff. July 19, 1987. –
Section 7:27
7:27 Testimonial Privilege. –
No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the attorney general, when ordered to do so by the attorney general, upon the ground that the testimony or evidence, book or document required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which under oath, after claiming his privilege, he shall by order of the attorney general have testified or produced documentary evidence.
Source. 1943, 181:1, par. 13h, eff. July 1, 1943.
Section 7:28
7:28 Reports by Trustees of Charitable Trusts. –
I. Every trustee subject to this chapter who has received property for charitable purposes shall file with the attorney general, within 6 months after any part of the income or principal is authorized or required to be expended for a charitable purpose, a copy of the instrument providing for the title, powers or duties of the trustee. If any part of the income or principal is authorized or required to be expended for a charitable purpose at the time this act takes effect, the filing shall be made within 6 months after the effective date of this act.
II. Except as otherwise provided, every trustee subject to this chapter shall, in addition to filing copies of the instruments required by RSA 7:28, I file with the attorney general periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the trustee, the property so held or administered, the receipts and expenditures in connection therewith, the names and addresses of the beneficiaries thereof, the conduct of any charitable solicitation by the trustee, or the conduct of any charitable solicitation or charitable sales promotion on its behalf by others, and such other information as he may require, in accordance with the rules of the attorney general.
III. The attorney general shall make rules and regulations as to the time for filing reports, the contents thereof, and the manner of executing and filing them. He may classify trusts and other relationships concerning property held for a charitable purpose as to purpose, nature of assets, duration of the trust or other relationship, amount of assets, amounts to be devoted to charitable purposes, nature of trustee, or otherwise, and may establish different rules for the different classes as to time and nature of the reports required to the ends (a) that he shall receive reasonably current, periodic reports as to all charitable trusts or other relationships of a similar nature, which will enable him to ascertain whether they are being properly administered, and (b) that periodic reports shall not unreasonably add to the expense of the administration of charitable trusts. The attorney general may suspend the filing of reports as to a particular charitable trust for a reasonable, specifically designated, time upon written application of the trustee filed with the attorney general and after the attorney general has filed in the register of charitable trusts a written statement that the interests of the beneficiaries will not be prejudiced thereby and that periodic reports are not required for proper supervision by his office.
III-a. Any charitable organization with revenue, gains, and other support of $500,000 or more that is required to file an Internal Revenue Service Form 990 with the attorney general shall also submit the organization's latest financial statement prepared in accordance with generally accepted accounting principles.
III-b. Any charitable organization with revenue, gains, and other support of $2,000,000 or more that is required to file an Internal Revenue Service Form 990 with the attorney general shall also submit the organization's latest audited financial statement prepared in accordance with generally accepted accounting principles.
III-c. Charitable organizations for which compliance with paragraphs III-a or III-b would constitute a financial burden may request an exemption according to criteria established and administered by the director of charitable trusts. An exemption, if granted, shall be valid for 3 years from the date of issuance unless revoked by the director of charitable trusts and written notice of such revocation is provided to the charitable organization.
IV. A copy of an account filed by the trustee in any court having jurisdiction of the trust or other relationship, if the account substantially complies with the rules and regulations of the attorney general, may be filed as a report required by this section.
V. The first report for a trust or similar relationship hereafter established, unless the filing thereof is suspended as herein provided, shall be filed not later than 4 months and 15 days following the close of the first calendar or fiscal year in which any part of the income or principal is authorized or required to be applied to a charitable purpose and annually thereafter, unless excused by the attorney general under RSA 7:28, III. If any part of the income or principal of a trust previously established is authorized or required to be applied to a charitable purpose at the time this act takes effect, the first report, unless the filing thereof is suspended, shall be filed within 6 months after the effective date of this act.
VI. Failure for 2 successive years to file a report shall, unless excused by the attorney general under RSA 7:28, III, constitute a breach of trust and the attorney general shall take such action as may be appropriate to compel compliance.
Source. 1943, 181:1, par. 13i. 1945, 92:1. 1947, 94:2. RSA 7:28. 1971, 439:3. 1987, 260:2. 2004, 213:1, eff. Aug. 10, 2004. 2022, 173:3, eff. Aug. 6, 2022.
Section 7:28-a
7:28-a Filing Fees. –
I. Any instrument required by RSA 7:28, I to be filed with the attorney general shall be accompanied by a filing fee of $25.
II. Any periodic written report required by RSA 7:28, II to be filed with the attorney general shall be accompanied by a filing fee of $75.
III. Any charitable organization subject to RSA 7:28, II which has assets of less than $5,000 and the sole purpose of which is aiding the state in maintaining state-owned property shall be exempt from the filing fee required under paragraph II of this section.
Source. 1981, 568:24. 1985, 87:1. 1989, 408:99. 1993, 43:1. 2002, 200:1, eff. July 1, 2002.
Section 7:28-b
7:28-b Reports of Solicitations for Charitable Purposes by a Fund Raising Counsel. –
I. There shall be a written contract between a charitable trust and a fund raising counsel which shall be filed by the fund raising counsel with the attorney general prior to the performance by the fund raising counsel of any material services pursuant to it. The contract shall contain information which shall enable the attorney general to identify the services the fund raising counsel is to provide, including whether the fund raising counsel shall at any time have custody of contributions.
II. A fund raising counsel shall comply with subparagraphs (a) and (b) of this paragraph. A fund raising counsel who at any time has custody of contributions from a solicitation shall also comply with subparagraphs (c) through (e) of this paragraph:
(a) He shall register with the attorney general. Applications for registration or re-registration shall be in writing, under oath, in the form prescribed by the attorney general, and shall be accompanied by a fee of $150. The application shall contain such information as the attorney general shall require. Each registration is valid for one year and may be renewed for additional one-year periods upon application and payment of the fee.
(b) [Repealed.]
(c) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the fund raising counsel shall account to the charitable trust with whom it has contracted for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable trust for 3 years, and shall be available to the attorney general upon request.
(d) Each contribution collected by the fund raising counsel shall, in its entirety and within 5 days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable trust with whom the fund raising counsel has contracted, and the charitable trust shall have sole control of all withdrawals from the account.
(e) The fund raising counsel shall maintain during each solicitation campaign and for not less than 3 years after its completion, the following records:
(1) A record of all contributions at any time in the custody of the fund raising counsel, including the name and address of each contributor and the date and amount of the contribution; and
(2) The location and account number of all bank or other financial institution accounts in which the fund raising counsel has deposited revenue from the solicitation campaign.
III. No person shall act as a fund raising counsel without first complying with the requirements of this section.
IV. The attorney general shall examine such fund raising counsel contract and registration application to determine compliance with the applicable requirements of this subdivision. The attorney general shall notify the fund raising counsel within 10 days of receipt of a contract or registration application of any deficiencies in it; otherwise it shall be deemed accepted as filed.
Source. 1987, 260:3. 1989, 408:100. 2003, 135:1. 2007, 116:1, eff. Aug. 10, 2007.
Section 7:28-c
7:28-c Registration, Contract and Disclosure Requirements for a Paid Solicitor. –
I. For the purposes of this section, the following words have, in addition to the meanings ascribed to them by RSA 7:21, the following special meanings:
(a) "Charitable program" means any program sponsored by a police, law enforcement or firefighters' association.
(b) "Charitable trust" means any police, law enforcement or firefighters' association.
(c) "Paid solicitor" means any person who for compensation performs for a police, law enforcement or firefighters' association any service which, if performed by such person for a charitable trust, would constitute such person a paid solicitor as defined by RSA 7:21, VI.
(d) "Solicit" and "solicitation" means any request made for or on behalf of a police, law enforcement or firefighters' association which, if made on behalf of a charitable trust, would constitute a solicitation as defined by RSA 7:21, VII.
II. A paid solicitor shall register with the attorney general prior to engaging in any solicitation. Applications for registration or re-registration shall be in writing, under oath, in the form prescribed by the attorney general, and shall be accompanied by a fee of $500. The application shall contain such information as the attorney general shall require. Each registration is valid for one year and may be renewed for additional one-year periods upon application and payment of the fee.
III. A paid solicitor shall, at the time of making application for registration and renewal of registration, file with and have approved by the attorney general a bond, in which the paid solicitor shall be the principal obligor in the sum of $20,000, with one or more responsible sureties whose liability in the aggregate as such sureties shall at least equal that sum. The paid solicitor shall maintain the bond in effect as long as the registration is in effect. The bond, which may be in the form of a rider to a larger blanket liability bond, shall be with a surety company authorized to do business in this state, and shall run to the state and to any person who may have a cause of action against the principal obligor of the bond for any liabilities resulting from the obligor's conduct of any activities subject to this subdivision or arising out of a violation of this subdivision or any rule adopted pursuant to this subdivision.
IV. Prior to the commencement of each solicitation campaign, the paid solicitor shall file with the attorney general a completed "solicitation notice" on forms prescribed by the attorney general. The solicitation notice shall include a copy of the contract described in paragraph IV of this section, the projected dates when soliciting shall commence and terminate, the location and telephone number from where the solicitation shall be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor shall at any time have custody of contributions, and a full description of the charitable program for which the solicitation campaign is being carried out. The charitable trust on whose behalf the paid solicitor is acting shall certify that the solicitation notice and accompanying material are true and complete to the best of its knowledge. The solicitation notice shall be accompanied by a fee of $200.
V. (a) There shall be a written contract between a paid solicitor and a charitable trust which shall clearly state:
(1) The respective obligations of the paid solicitor and the charitable trust.
(2) The amount of the gross revenue from the solicitation campaign that the charitable trust shall receive. Said amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of subparagraphs (b), (c), and (d) of this paragraph.
(3) In addition, for charitable trusts defined under RSA 7:28-c, I(b) and any political subdivision of the state of New Hampshire: that the name and address of each person pledging to contribute, together with the date and amount of the pledge, shall be the sole exclusive property of the charitable trust with no rights to transfer, sell, rent, or otherwise cause to be used except by the originating charitable trust.
(b) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.
(c) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all of the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable trust is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(d) The stated percentages required by subparagraphs (b) and (c) shall exclude any amount which the charitable trust is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged.
(e) The paid solicitor shall provide the charitable trust with access to and use of the donor list data base both during and after the solicitation campaign.
VI. A paid solicitor shall be responsible for complying with, or for causing compliance with, each of the following requirements:
(a) Prior to orally requesting a contribution or contemporaneously with a written request for a contribution, the following shall be clearly and conspicuously disclosed at the point of solicitation:
(1) The name of the paid solicitor as on file with the attorney general and that the solicitation is being conducted by a paid solicitor.
(2) If requested by the contributor, the fixed percentage of the gross revenue or the reasonable estimate, expressed as a percentage of the gross revenue, as identified in paragraph V of this section.
(b) In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, a written confirmation shall be sent to each person who has contributed or pledged to contribute, within 5 days after that person has been solicited, which shall include a clear and conspicuous disclosure of the information required by subparagraph (a) of this paragraph.
(c) No representation shall be made that any part of the contributions received shall be given or donated to any other charitable trust unless such organization has consented in writing to the use of its name, prior to the solicitation. The written consent shall be signed by any 2 authorized officers, directors, or trustees of the charitable trust.
(d) It shall not be represented that tickets to events shall be donated for use by another, unless the following requirements have been met:
(1) The paid solicitor shall have written commitments from charitable trusts stating that they shall accept donated tickets and specifying the number of tickets they are willing to accept; and
(2) No more contributions for donated tickets shall be solicited than the number of ticket commitments received from charitable trusts.
VII. Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor and the charitable trust shall file with the attorney general a joint financial report for the campaign, including gross revenue and an itemization of all expenses incurred. The report shall be completed on a form prescribed by the attorney general. The report shall be signed by an authorized official of the paid solicitor and an authorized official from the charitable trust, and they shall certify, under oath, that it is true to the best of their knowledge. The director of charitable trusts shall prepare and make available in a searchable format on the state website the percentage of contributions retained by or paid to the solicitor and the percentage retained by the charitable trust for each solicitation campaign.
VIII. (a) The paid solicitor shall maintain during each solicitation campaign and for not less than 3 years after its completion, the following records:
(1) The name and the address of each person pledging to contribute, together with the date and amount of the pledge.
(2) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation.
(3) A record of all contributions at any time in the custody of the paid solicitor.
(4) A record of all expenses incurred by the paid solicitor of which the charitable trust is liable for payment.
(5) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign.
(b) If the paid solicitor sells tickets to an event and represents that tickets shall be donated for use by another, the paid solicitor shall also maintain for the same period as specified in subparagraph (a) of this paragraph:
(1) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
(2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization.
(c) All records described in this paragraph shall be available for inspection by the attorney general upon request.
IX. Each contribution in the custody of the paid solicitor shall, in its entirety and within 5 days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable trust with whom the paid solicitor has contracted, and the charitable trust shall have sole control of all withdrawals from the account.
X. Any material change in any information filed with the attorney general pursuant to this section shall be reported in writing to the attorney general within 7 days after the change occurs.
XI. The attorney general shall examine each paid solicitor registration application and solicitation notice to determine compliance with applicable requirements of this subdivision. The attorney general shall notify the paid solicitor within 10 business days of receipt of a registration notice or solicitation notice of any deficiencies in it; otherwise it shall be deemed approved as filed.
XII. Any person who has been convicted within the prior 5 years of any violation of this chapter, any rule adopted under this chapter, or a felony in this or any other state is prohibited from acting as a paid solicitor.
Source. 1987, 260:3. 1992, 239:1. 1999, 247:1. 2002, 57:1. 2003, 135:2, 3, eff. July 1, 2003. 2013, 55:1, eff. Aug. 3, 2013.
Section 7:28-d
7:28-d Charitable Sales Promotions. –
I. Every charitable trust which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the attorney general a notice of such promotion prior to its commencement within this state. Such notice shall state the names of the charitable trust and commercial co-venturer, that they intend to conduct a charitable sales promotion, and the date such promotion is expected to commence.
II. Every charitable trust which agrees to permit a charitable sales promotion to be conducted on its behalf shall, prior to the commencement of the charitable sales promotion within this state, obtain a written agreement from the commercial co-venturer which shall be available to the attorney general upon request. The agreement shall be signed by an authorized representative of the charitable trust and the commercial co-venturer and it shall include, at a minimum, the following:
(a) The goods or services to be offered to the public.
(b) The geographic area where, and the starting and final date when, the offering shall be made.
(c) The manner in which the charitable trust's name shall be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that shall benefit the charitable trust.
(d) If applicable, the maximum dollar amount that shall benefit the charitable trust.
(e) The estimated number of units of goods or services to be sold or used.
(f) A provision for a final accounting on a per unit basis to be given by the commercial co-venturer to the charitable trust and the date by which it shall be made.
(g) A statement that the charitable sales promotion is subject to the requirements of this subdivision.
(h) The date by, and the manner in which, the benefit shall be conferred on the charitable trust.
III. The final accounting for the charitable sales promotion is to be kept by the commercial co-venturer for 3 years after the final accounting date and shall be available to the attorney general upon request.
IV. The commercial co-venturer shall disclose in each advertisement for the charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that shall benefit the charitable trust or purpose. If the actual dollar amount or percent cannot reasonably be determined prior to the final date of the charitable sales promotion, the commercial co-venturer shall disclose an estimated dollar amount or percent. Any such estimate shall be reasonable and shall be based upon all of the relevant facts known to the commercial co-venturer and the charitable trust regarding the charitable sales promotion.
Source. 1987, 260:3, eff. July 19, 1987.
Section 7:28-e
7:28-e Fiduciary Capacity. –
Every person soliciting, collecting, or expending contributions for charitable purposes, and every officer, director, trustee, and employee of any such person concerned with the solicitation, collection, or expenditure of such contributions, shall be deemed to be a fiduciary and acting in a fiduciary capacity.
Source. 1987, 260:3, eff. July 19, 1987.
Section 7:28-f
7:28-f Acts Unlawful; Suspension, Revocation, Penalties and Enforcement. –
I. The following acts and practices are declared unlawful:
(a) Operating in violation of, or failing to comply with, any of the requirements of RSA 7:19-32-a, inclusive, or any rules under this subdivision.
(b) Utilizing any unfair or deceptive acts or practices. In deciding whether an act or practice is unfair or deceptive within the meaning of this section, definitions, standards, and interpretations relating to such terms under RSA 358-A shall apply.
(c) Utilizing any representation that implies the contribution is for or on behalf of a charitable trust, or utilizing any emblem, device, or printed matter belonging to or associated with a charitable trust, without first obtaining written authorization to do so by the charitable trust.
(d) Utilizing a name, symbol, or statement so closely related or similar to that used by another charitable trust that the use thereof would tend to confuse or mislead a solicited person.
(e) Misrepresenting or misleading anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable trust or that the proceeds of such solicitation or charitable sales promotion shall be used for charitable purposes, if such is not the fact.
(f) Misrepresenting or misleading anyone, in any manner, to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion, when such other person has not given written consent to the use of his name for these purposes.
(g) Utilizing or exploiting the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state.
(h) Representing directly or by implication that a charitable trust shall receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than identified in RSA 7:28-c, V(a) or VI(a)(2).
II. (a) The registration of any charitable trust, fund raising counsel, or paid solicitor which makes a false statement in any registration statement, annual report, or other information required to be filed by this subdivision or any rules adopted under it, or which otherwise violates any provision of this subdivision may be suspended or revoked by the attorney general.
(b) Any suspension or revocation of a registration under the provisions of this subdivision shall be in accordance with rules adopted under RSA 541-A.
(c) The attorney general may, in addition to all other actions authorized by law, bring an action to enjoin and prosecute all acts or practices declared unlawful under this subdivision or any rules adopted under it.
(d) Upon a finding that any person has engaged in or is engaging in any act or practice declared unlawful under this subdivision or any rules adopted under it, the court may make any necessary order or judgment including, but not limited to, injunctions, restitution, awards of reasonable attorneys' fees and costs of investigation and litigation and may award to the state civil penalties up to $10,000 for each violation of RSA 7:19-32-a or any rules adopted thereunder. No such order shall require the payment of civil penalties until the process of appeal has been exhausted. In ordering injunctive relief, the attorney general shall not be required to establish irreparable harm but only a violation of statute or rule or that the requested order promotes the public interest. It shall be an affirmative defense to the assessment of civil penalties under this section that the defendant acted pursuant to a good faith misunderstanding concerning the requirements of this subdivision or any rules adopted under it.
(e) Any person who violates the terms of an injunction or other order entered under this section shall, in addition to all other penalties, pay to the state a civil penalty of not more than $10,000 for each violation which may be recovered in a civil action brought by the attorney general. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey said order, each day of continuance of such failure or neglect shall be deemed a separate offense.
(f) No charitable trust may indemnify an officer, employee, or director for any costs, fees, restitution, fines, or penalties assessed against that individual by the court pursuant to this section unless the individual is determined by the court to have conducted himself in good faith and reasonably believed the conduct was in or not opposed to the best interests of the charitable trust.
(g) In any case in which the attorney general has authority to institute an action or proceeding under this subdivision or any rules adopted under it, in lieu thereof, he may accept an assurance of discontinuance of any method, act, or practice in violation of this subdivision or any rules adopted under it, from any person alleged to be engaged or to have been engaged in such method, act, or practice. Such assurance may, among other terms, include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons, or both. Any such assurance of discontinuance shall be in writing and be filed with the superior court for that county in which the organization has its principal place of business in this state, and, if none, in Merrimack county. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest. Evidence of a violation of such assurance shall be prima facie evidence of a violation of this subdivision or any rule adopted under it, in any subsequent proceeding brought by the attorney general.
Source. 1987, 260:3. 1999, 247:2, eff. Sept. 7, 1999.
Section 7:28-g
7:28-g Handling Charges. –
If the attorney general collects a fee electronically for any registration, any annual report, any notice, any document, or any other purpose related to the duties of the director of charitable trusts, the attorney general shall collect a handling charge for each fee paid electronically. The amount of the handling charge shall be equal to the amount charged to the attorney general for processing the fee by credit card, electronic check, or other electronic means.
Source. 2023, 79:259, eff. July 1, 2023.
Section 7:29
7:29 Information From Clerk. –
Each clerk shall furnish such copies of papers and such information as to the records and files in his office relating to charitable trusts as the attorney general may require. Such clerk shall also permit an examination of the files and records in the probate office by representatives of the attorney general for the purpose of establishing and maintaining said register of charitable trusts. A refusal or neglect by the clerk so to send such copies or refuse such information or to refuse access to the probate records relating to charitable trusts shall be a breach of his official bond. Upon the offering for probate in solemn form of any document purporting to be a will or testament containing clauses creating a charitable trust as defined herein, and upon presentation of any petition or other matter concerning a charitable trust and in all proceedings related thereto, the clerk shall seasonably notify the attorney general of the pendency thereof in advance of hearing thereon. As soon as possible after the probate in common form of any will containing clauses creating a charitable trust, the clerk shall notify the attorney general thereof. No charitable trust shall be terminated by decree of the probate court until the attorney general has been given an opportunity to be heard, if he so desires.
Source. 1943, 181:1, par. 13j. 1947, 94:3. 2011, 88:20, eff. July 1, 2011.
Section 7:29-a
7:29-a Charity Protection Act. –
I. Except where specifically required or authorized by federal law, no state agency or state official shall impose any annual filing or reporting requirements on an organization regulated or specifically exempted from regulation in RSA 7:19 through RSA 7:32-l that are more stringent, restrictive, or expansive than the requirements authorized by New Hampshire law.
II. This section shall not apply to state grants, state contracts, or fraud investigations and shall not restrict enforcement actions against specific nonprofit organizations.
III. Nothing in this section shall prohibit the attorney general from adopting rules related to charitable trusts, charitable solicitations, and charitable sales promotions under RSA 7:22.
IV. Nothing in this section shall be construed to limit or restrict the powers, duties, remedies, or penalties available to the attorney general, the state of New Hampshire, or any private person under any other provision of statutory or common law.
Source. 2022, 173:2, eff. Aug. 6, 2022.
Section 7:30
7:30 Repealed by 1998, 155:10, I, eff. July 8, 1998. –
Section 7:31
7:31 Employees. –
Subject to the state personnel regulations, and within the limits of available funds, the attorney general may employ and fix the compensation of such employees as may be necessary to carry out the provisions of this subdivision.
Source. 1943, 181:1, par. 13m. RSA 7:31. 1971, 439:4, eff. Aug. 29, 1971.
Section 7:32
7:32 Federal Assistance. –
The governor and council, upon the request and recommendation of the attorney general, are hereby authorized to cooperate with and enter into such agreements with the federal government or any agency thereof as they may deem advisable to secure funds or assistance for the purpose of carrying out the provisions of this subdivision.
Source. 1943, 181:1, par. 13n, eff. July 1, 1943.
Section 7:32-a
7:32-a Directory. –
The director of charitable trusts shall prepare and make available on the state website a directory of information relative to charitable trusts. The electronic directory shall be accessible to the public at no cost.
Source. 1967, 203:1. 2007, 115:1, eff. Aug. 10, 2007.
Section 7:32-b
7:32-b Criminal Penalties. –
Any person who knowingly violates any provision of RSA 7:19-7:32-a shall be guilty of a misdemeanor if a natural person and guilty of a felony if any other person.
Source. 1992, 239:2, eff. July 1, 1992.
Community Benefits
Section 7:32-c
7:32-c Purpose. –
The purpose of this subdivision is to ensure that health care charitable trusts provide the communities they serve with benefits in keeping with the charitable purposes for which the trusts were established and in recognition of the advantages the trusts enjoy. It acknowledges that each community is unique and its particular health care problems and needs should be examined and the community benefits provided by health care charitable trusts which serve it should be directed toward addressing the issues and concerns of that community. Community involvement in the development of community benefits plans is necessary to make the health care charitable trusts more responsive to the true needs of the community. State oversight of the planning process and public access to the community benefits plans will assure appropriate use of the resources of health care charitable trusts.
Source. 1999, 312:1, eff. Jan. 1, 2000.
Section 7:32-d
7:32-d Definitions. –
In this subdivision:
I. "Charity care" means health care services provided by a health care charitable trust for which the trust does not expect and has not expected payment and which health care services are not recognized as either a receivable or as revenue in the trust's financial statements.
II. "Community" means the service area or patient population for which a health care charitable trust provides services.
III. "Community benefits" means a health care charitable trust's activities that are intended to address community health care needs including, but not limited to, any of the following:
(a) Charity care.
(b) Financial or in-kind support of public health programs even if the programs extend beyond the trust's service area, including support of recommendations in any state health plan developed by the department of health and human services.
(c) Allocation of funds, property, services, or other resources that contribute to community health care needs identified in a community benefits plan.
(d) Donation of funds, property, services, or other resources which promote or support a healthier community, enhanced access to health care or related services, health education and prevention activities, or services to a vulnerable population.
(e) Support of medical research and education and training of health care practitioners, including the pooling of funds by different health care charitable trusts for this purpose.
IV. "Community benefits plan" means a written document prepared by a health care charitable trust which identifies health care needs in the area served by the trust and describes the activities the trust has undertaken and will undertake to address the identified needs.
V. "Health care charitable trust" means a charitable trust organized to directly provide health care services, including, but not limited to, hospitals, nursing homes, community health services, and medical-surgical or other diagnostic or therapeutic facilities or services. "Health care charitable trust" shall not include any testamentary or inter vivos trust which is not organized to provide health care services.
VI. "Vulnerable population" means any population that is at risk of not receiving health services due to medical, financial, or other barriers.
Source. 1999, 312:1. 2003, 232:1, eff. Sept. 5, 2003.
Section 7:32-e
7:32-e Community Benefits Plans. –
Within 90 days of the start of its fiscal year every health care charitable trust shall develop a community benefits plan. The plan shall be developed in accordance with the following criteria on forms supplied by the attorney general:
I. The trust shall adopt a mission statement which shall be included in its plan and which shall be reaffirmed by the trust on an annual basis.
II. The plan shall take into consideration a community needs assessment conducted in accordance with RSA 7:32-f and shall identify the health care needs that were considered in development of the plan.
III. The plan shall identify the activities the trust expects to undertake or support which address the needs determined through the community needs assessment process or which otherwise qualify as community benefits and shall include all charity care in a discrete category.
IV. The plan shall include a report on the community benefit activities undertaken by the trust in the preceding year and information describing the results or outcomes of the trust's community benefit activities. The report shall also include the means used to solicit the views of the community served by the trust, identification of community groups, members of the public, and local government officials consulted on the development of the plan, and an evaluation of the plan's effectiveness.
V. (a) To the extent practicable, the plan shall include:
(1) An estimate of the cost of each activity expected to be undertaken or supported in the ensuing year; and
(2) A report on the unreimbursed cost of each activity undertaken in the preceding year.
(b) For reporting purposes, the cost of contributed services shall be determined in accordance with the rates, costs, units of service, or other statistical measures used for general accounting purposes by the health care charitable trust. In addition, each charitable trust shall include in its report the ratio of its gross receipts from operations to its net operating costs, as shown in its final statement of accounts for the preceding fiscal year.
VI. The process for development of the plan shall include an opportunity for members of the public in the trust's service area to provide input into development of the plan and comment upon the trust's proposed plan.
Source. 1999, 312:1, eff. Jan. 1, 2000.
Section 7:32-f
7:32-f Community Needs Assessment. –
Every health care charitable trust shall, either alone or in conjunction with other health care charitable trusts in its community, conduct a community needs assessment to assist in determining the activities to be included in its community benefits plan. The needs assessment process shall include consultation with members of the public, community organizations, service providers, and local government officials in the trust's service area, in the identification and prioritization of community needs that the health care charitable trust can address directly, or in collaboration with others. The community needs assessment shall be updated at least every 5 years.
Source. 1999, 312:1. 2004, 213:2, eff. Aug. 10, 2004.
Section 7:32-g
7:32-g Notice to Director of Charitable Trusts and Public; Administrative Fine. –
I. Every health care charitable trust shall submit its community benefits plan to the director of charitable trusts on an annual basis no later than 90 days after the start of the trust's fiscal year. The trust and the director of charitable trusts shall make all community benefits plans available to the public and, where practicable, shall place the reports on an internet site or web page. Every health care charitable trust shall at least annually provide notice to the public of the availability and process for obtaining a copy of its community benefits plan and shall prominently display such notice in its lobby, waiting rooms, or other area of public access.
II. An extension of time for filing the community benefits plan may be granted by the director, for a period of time not to exceed 12 months.
III. The director may impose an administrative fine upon a charitable organization that violates any provision of RSA 7:32-g, I, in an amount not to exceed $1,000 plus attorneys fees and costs for each such violation.
Source. 1999, 312:1. 2001, 205:1, eff. July 11, 2001.
Section 7:32-h
7:32-h Charity Care. –
The provision of charity care may be included in a community benefits plan by a health care charitable trust only to the extent that it:
I. Does not include any sums identified as bad debt, a receivable, or revenue by the trust in accordance with generally accepted accounting principles.
II. Is provided in accordance with a written policy which is available to the public, which allows any individual to make application and receive a prompt decision on eligibility for and the amount of charity care, and notice of which is prominently displayed in the trust's lobby, waiting rooms, or other area of public access or otherwise is provided to service applicants and recipients who are served in their own homes or in locations other than a facility of the trust.
Source. 1999, 312:1, eff. Jan. 1, 2000.
Section 7:32-i
7:32-i Enforcement. –
Nothing in this subdivision shall derogate from authority of the attorney general, or the rights of others, provided by common law or other statute.
Source. 1999, 312:1, eff. Jan. 1, 2000.
Section 7:32-j
7:32-j Exemption. –
If the total value of the fund balances of a health care charitable trust do not exceed $100,000, the trust shall have no obligation to comply with the provisions of this subdivision. In addition, those health care charitable trusts for which compliance would be a financial or administrative burden, according to criteria established and administered by the director of charitable trusts, may request an exemption from the provisions of this subdivision. An exemption, if granted, shall be valid for 3 years from the date of issuance unless it is revoked by the director of charitable trusts and written notice of such revocation is provided to the health care charitable trust.
Source. 1999, 312:1, 2, eff. Jan. 1, 2001.
Section 7:32-k
7:32-k Effect on Eligibility for Property Tax Exemption. –
Compliance with this subdivision shall not establish eligibility for a property tax exemption under RSA 72:23, V, but may be considered if relevant to the criteria established in RSA 72:23, RSA 72:23-l, and at common law.
Source. 1999, 312:1, eff. Jan. 1, 2000.
Section 7:32-l
7:32-l Combined Needs Assessments, Planning, Reporting. –
Health care charitable trusts may satisfy the requirements of RSA 7:32-e, RSA 7:32-f, and RSA 7:32-g, individually or in a combination with other health care charitable trusts, provided that information required to be reported under RSA 7:32-e, V(a) and (b) shall be specifically reported for each health care charitable trust participating in a combined plan or report.
Source. 1999, 312:1, eff. Jan. 1, 2000.
County Attorneys
Section 7:33
7:33 Election; Temporary Vacancies. –
There shall be a county attorney for each county, who shall be a member of the New Hampshire bar, elected biennially by the voters of the county; provided that, at the 2022 state general election, and at each subsequent state general election, the county attorney for Rockingham county shall be chosen in the county by the voters for a 4-year term. If the county attorney is absent at any term of court or unable to discharge the duties of the office, the superior court, acting as a body, shall appoint a county attorney, who shall be a member of the New Hampshire bar, for the time being and allow said appointee such compensation for his or her services as set by the county delegation.
Source. Const. II, 71. RS 13:4. CS 13:4. GS 15:4. GL 16:4. PS 17:5. PL 16:18. RL 24:18. 1951, 221:2. RSA 7:33. 1969, 114:1. 2003, 289:1, eff. Sept. 1, 2003. 2022, 283:1, eff. Aug. 30, 2022.
Section 7:33-a
7:33-a Repealed by 1996, 124:6, I, eff. July 15, 1996. –
Section 7:33-b
7:33-b Contract Assistant County Attorney. –
With the approval of the applicable county commissioners and attorney general, a county attorney is hereby authorized to employ a contract assistant county attorney to assist the county attorney whenever the criminal dockets are backlogged with caseloads such as to make it expedient to do so. The compensation for such officer shall be fixed by the executive committee of the county convention and shall be on a per diem basis.
Source. 1973, 281:1. 1996, 124:2, eff. July 15, 1996.
Section 7:33-c
7:33-c Repealed by 1996, 124:6, II, eff. July 15, 1996. –
Section 7:33-d
7:33-d Repealed by 1988, 63:2, I, eff. June 10, 1988. –
Section 7:33-e
7:33-e Repealed by 1988, 63:2, II, eff. June 10, 1988. –
Section 7:33-f
7:33-f Assistant County Attorneys Permitted. –
The county attorney, subject to the approval of the attorney general and the applicable county commissioners, may appoint assistant county attorneys within the limits of the appropriation made for the appointment of assistants. Assistant county attorneys shall serve at the pleasure of the county attorney.
Source. 1988, 63:1. 1996, 124:3, eff. July 15, 1996.
Section 7:33-g
7:33-g Special Assistant County Attorneys Permitted. –
The county attorney may appoint, with the approval of the attorney general, special assistant county attorneys to assist with criminal cases when the county attorney believes it is expedient to do so. Special assistant county attorneys shall act under the supervision, direction, and control of the county attorney and shall serve without compensation at the pleasure of the county attorney.
Source. 1996, 124:4, eff. July 15, 1996.
Section 7:34
7:34 Duties. –
The county attorney of each county shall be under the direction of the attorney general, and, in the absence of the latter, he or she shall perform all the duties of the attorney general's office for the county. If no other representation is provided, under the direction of the county commissioners he or she shall prosecute or defend any suit in which the county is interested. The county attorney shall tax all costs arising in state or county suits in his or her county for the consideration of the court.
Source. RS 13:5. CS 13:5. GS 15:5. GL 16:5. PS 17:6. PL 16:19. RL 24:19. 2003, 319:167, eff. July 1, 2003.
Section 7:34-a
7:34-a Private Practice Prohibited; Rockingham County. –
The Rockingham county attorney shall not directly or indirectly engage in the private practice of law, nor shall he accept any fees or emoluments other than his official salary for any legal services. Private practice of law shall not include the provision of legal services without charge to the members of the county attorney's family when the same shall not conflict with the county attorney's official duties.
Source. 1977, 256:1, eff. Aug. 21, 1977.
Section 7:34-b
7:34-b Private Practice Prohibited; Cheshire County. –
The Cheshire county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties.
Source. 1981, 269:1, eff. Aug. 15, 1981.
Section 7:34-c
7:34-c Private Practice Restricted; Belknap County. –
The Belknap county attorney shall not directly or indirectly engage in the private practice of criminal law or accept any fees or compensation other than his official salary for any legal services in the field of criminal law. He may engage in the private practice of civil law.
Source. 1982, 41:9. 1988, 125:1, eff. July 1, 1988.
Section 7:34-d
7:34-d Private Practice Prohibited; Sullivan County. –
The Sullivan county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties.
Source. 1986, 208:2, eff. Jan. 1, 1987.
Section 7:34-e
7:34-e Private Practice Prohibited; Strafford County. –
The Strafford county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties.
Source. 1986, 208:3, eff. June 6, 1986.
Section 7:34-f
7:34-f Private Practice Prohibited; Carroll County. –
The Carroll county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than her or his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with her or his official duties.
Source. 1989, 162:1, eff. Jan. 1, 1991. 2019, 71:1, eff. Aug. 7, 2019.
Section 7:34-g
7:34-g Private Practice Prohibited; Coos County. –
The Coos county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his or her official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his or her official duties.
Source. 1998, 342:3, eff. Aug. 25, 1998.
Section 7:35
7:35 Repealed by 1971, 514:18, I, eff. Jan. 1, 1973. –
Section 7:35-a
7:35-a Repealed by 1971, 514:8, II, eff. Jan. 1, 1973. –
Section 7:35-b
7:35-b Repealed by 1971, 514:8, III, eff. Jan. 1, 1973. –
Section 7:35-c
7:35-c Repealed by 1971, 514:8, IV, eff. Jan. 1, 1973. –
Section 7:35-d
7:35-d Repealed by 1971, 514:18, V, eff. Jan. 1, 1973. –
Section 7:35-e
7:35-e Repealed by 1971, 514:18, VI, XXX, eff. Jan. 1, 1973. –
Section 7:35-f
7:35-f Repealed by 1971, 514:18, XXX, eff. Jan. 1, 1973. –
Section 7:35-g
7:35-g Repealed by 1973, 436:3, eff. June 30, 1973. –
Section 7:36
7:36 Expenses; Payment. –
The county attorneys are entitled to their actual expenses incurred in the discharge of their official duties. They shall be paid monthly for their salaries and expenses. They shall submit their expense accounts to a justice of the superior court for his approval before the accounts may be paid.
Source. 1915, 141:1, 2. 1921, 69:1. PL 16:21. RL 24:21. RSA 7:36. 1965, 364:2. 1969, 205:1, eff. Aug. 4, 1969.
Reports
Section 7:37
7:37 Report of Attorney General. –
The attorney general shall, on or before December 1 of each odd numbered year, file a report with the governor and council of his official acts and of all money received and the disposition made thereof by him during the preceding 2 years, and containing such statistics and other information concerning crimes and misdemeanors, and such recommendations with reference to their prevention and punishment, as in his judgment the public good requires. He shall include in each report copies of all opinions given by him during the period covered by the report; provided that he shall not be required to include any opinion the publication of which he deems detrimental to the public good. He shall report particularly as to any neglect of duty on the part of county attorneys and other officers charged with the enforcement of the criminal laws. When counsel are employed under the provisions of RSA 7:12, the attorney general shall report such employment, with the reason therefor, and an itemized account of the expense thereof.
Source. RS 13:9. CS 13:9. GS 15:9. GL 16:9. PS 17:7. 1911, 190:3, 5. PL 16:22. RL 24:22. RSA 7:37. 1973, 140:30. 1985, 300:11, eff. Jan. 1, 1986.
Section 7:38
7:38 Of County Attorneys. –
The county attorneys shall include in their annual reports full statistics regarding crimes and misdemeanors committed in their respective counties and such recommendations as in their judgment the public good requires.
Source. PS 17:8. PL 16:24. RL 24:24.
Section 7:39
7:39 To County Commissioners. –
The county attorney at the close of each term of court shall transmit to the county commissioners a list of all civil actions pending at the term in favor of or against the county, with the names of the parties, the nature and amount of the claims and the progress made in each case; and for neglect to make such return he shall be fined $20.
Source. 1865, 4077:6. GS 24:16. GL 25:16. PS 17:9. PL 16:25. RL 24:25.
Statistical Analysis
Section 7:40
7:40 Statistical Analysis Center. –
There shall be a statistical analysis center under the supervision of the attorney general. The center shall provide complete, accurate, and current criminal and juvenile justice statistics to public officials and law enforcement operational, managerial, and planning personnel. The attorney general shall oversee and coordinate the work of the center in maintaining, coordinating, and improving the state criminal and juvenile justice statistics system; analyzing and publishing criminal justice data; and supervising the management and administrative statistics program.
Source. 1979, 495:5. 1981, 553:8. 1985, 300:12, eff. Jan. 1, 1986.
Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault
Section 7:41
7:41 Findings and Purpose. –
The legislature finds that persons attempting to escape from actual or threatened domestic violence, stalking, or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this program is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, stalking, or sexual assault, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, stalking, or sexual assault, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:42
7:42 Definitions. –
As used in this subdivision:
I. "Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this subdivision.
II. "Program participant" means a person certified as a program participant under RSA 7:43.
III. "Domestic violence" means an act as defined in RSA 173-B and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
IV. "Sexual assault" means an act as defined in RSA 632-A.
V. "Stalking" means an act as defined in RSA 633:3-a.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:43
7:43 Address Confidentiality Program. –
I. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the attorney general to have an address designated by the attorney general serve as the person's address or the address of the minor or incapacitated person. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general and if it contains:
(a) A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, or sexual assault; and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;
(b) A designation of the attorney general as agent for purposes of service of process and for the purpose of receipt of mail;
(c) The mailing address where the applicant can be contacted by the attorney general, and the phone number or numbers where the applicant can be called by the attorney general;
(d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, stalking, or sexual assault; and
(e) The signature of the applicant and the date on which the applicant signed the application.
II. Applications shall be filed with the attorney general.
III. Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date.
IV. A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be guilty of a class B misdemeanor.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:44
7:44 Certification Cancellation. –
I. If the program participant obtains a name change, he or she loses certification as a program participant and may immediately reapply for certification under his or her new name.
II. The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general notice of the change of address within 7 days.
III. The attorney general may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.
IV. The attorney general shall cancel certification of a program participant who applies using false information.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:45
7:45 Agency Use of Designated Address. –
I. A program participant may request that state and local agencies use the address designated by the attorney general as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general had determined that:
(a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this subdivision; and
(b) This address will be used only for those statutory and administrative purposes.
II. A program participant may use the address designated by the attorney general as his or her work address.
III. The attorney general shall forward all first class mail to the appropriate program participants.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:46
7:46 Voting by Program Participants. –
I. A program participant who is otherwise qualified to vote may apply as an absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual is domiciled in the same manner as absentee voters pursuant to RSA 657:15. Notwithstanding RSA 654, neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.
II. The city or town clerk shall not make the participant's address contained in voter registration records available for public inspection or copying except under the following circumstances:
(a) If requested by a law enforcement agency, to the law enforcement agency; and
(b) If directed by a court order, to a person identified in the order.
Source. 2000, 265:1. 2003, 289:2, eff. Sept. 1, 2003.
Section 7:47
7:47 Disclosure of Records Prohibited; Exceptions. –
The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances:
I. If requested by a law enforcement agency, to the law enforcement agency;
II. If directed by a court order, to a person identified in the order;
III. If certification has been cancelled; or
IV. To verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program.
Source. 2000, 265:1, eff. Jan. 1, 2001.
Section 7:48
7:48 Assistance for Program Applicants. –
The attorney general shall refer participants to crisis centers that provide counseling and shelter services to either victims of domestic violence, stalking, or sexual assault to assist persons applying to be program participants.
Source. 2000, 265:1, eff. Jan. 1, 2001.