Title I, The State and Its Government

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 discreti…

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…

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 t…

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.

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.

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 …

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 recov…

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 provide…

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 o…

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.

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.

I. RSA 7:19 through 7:32-b 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 com…

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 basi…

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, e…

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 attorne…

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 pur…

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 char…

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 investi…

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 purp…

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 req…

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 requi…

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 p…

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 charit…

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 c…

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…

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 o…

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 …

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 whet…

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 electro…

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 represent…

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 string…

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 accordanc…

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.

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…

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.

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.

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 th…

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 fina…

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…

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 pro…

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 benefi…

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 pri…

Nothing in this subdivision shall derogate from authority of the attorney general, or the rights of others, provided by common law or other statute.

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 ad…

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.

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 …