Law

RSA 4 Powers of the Governor and Council in Certain Cases

New Hampshire · 4 · statute

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Contents: 119 provisions
  1. 4:1 Removal of Public Officials for Cause.
  2. 4:2 Vacating Office of Trustee of State Institution.
  3. 4:3 Anticipation of Vacancies.
  4. 4:4 Adjustment of Terms of Office.
  5. 4:5 Temporary Department Heads.
  6. 4:6 Repealed by 1985, 399:24, I, eff. July 1, 1985.
  7. 4:6-a Office Space; Secretary of State.
  8. 4:7 Availability of Space.
  9. 4:7-a Identifying Information Required in Correspondence.
  10. 4:8 Gifts to the State.
  11. 4:8-a Gifts for Historic Sites and the Community College System of New Hampshire.
  12. 4:9 Portraits or Other Memorials.
  13. 4:9-a Law Enforcement Memorial.
  14. 4:9-b Committee Established; Special Account.
  15. 4:9-c Committee Membership.
  16. 4:9-d Repealed by 2022, 323:12, eff. Sept. 6, 2022.
  17. 4:9-e September 11 Memorial.
  18. 4:9-f to 4:9-h Repealed by 2010, 368:1(36), eff. Dec. 31, 2010.
  19. 4:9-i Public Works Employee Memorial.
  20. 4:9-j Committee Established; Special Account.
  21. 4:9-k Committee Membership and Duties.
  22. 4:9-l, 4:9-m Repealed by 2024, 322:5, III, eff. Aug. 2, 2024.
  23. 4:9-n Fallen State Troopers' Memorial.
  24. 4:9-o Committee and Special Account Established.
  25. 4:9-p Commission Established; Special Account.
  26. 4:9-q Commission Membership and Duties.
  27. 4:9-r Defense and Indemnification.
  28. 4:9-s Establishing the Bridges House Special Account Fund.
  29. 4:10 Protection of State Water Rights.
  30. 4:11 Eligibility of Councilor to Other Office.
  31. 4:12 Governor's Staff.
  32. 4:12-a Repealed by 1986, 141:4, eff. July 1, 1986.
  33. 4:12-b Appointment.
  34. 4:12-c Duties.
  35. 4:12-cc Executive Council Operations.
  36. 4:12-d to 4:12-f Repealed by 1987, 283:11, eff. May 25, 1987.
  37. 4:12-g to 4:12-p Repealed by 1987, 283:11, eff. May 25, 1987.
  38. 4:12-q, 4:12-r Repealed by 1987, 283:11, eff. May 25, 1987.
  39. 4:12-s to 4:12-v Repealed by 1987, 283:11, eff. May 25, 1987.
  40. 4:13 Repealed by 1970, 46:2, eff. July 1, 1970.
  41. 4:13-a Repealed by 1959, 217:2, eff. Aug. 16, 1959.
  42. 4:13-b Lafayette Day.
  43. 4:13-c Constitution Days.
  44. 4:13-d American History Month.
  45. 4:13-e Law Enforcement Memorial Week.
  46. 4:13-f New Hampshire Pearl Harbor Day.
  47. 4:13-g Teacher Appreciation Day.
  48. 4:13-h Gold Star Mother's Day.
  49. 4:13-i United States Army, Navy, Air Force, Coast Guard, and Marine Corps; Anniversary of Founding Commemorated.
  50. 4:13-j Destroyer Escort Day.
  51. 4:13-k Congenital Heart Defect Awareness Day.
  52. 4:13-l General John Stark Day.
  53. 4:13-m Firefighters Memorial Day.
  54. 4:13-n Emergency Medical Services Provider Recognition Day.
  55. 4:13-o Portsmouth Peace Treaty Day.
  56. 4:13-p Proper Observance of September 11, 2001.
  57. 4:13-q New Hampshire History Week.
  58. 4:13-r Blue Star Mother's Day.
  59. 4:13-s Canine Veterans Day.
  60. 4:13-t New Hampshire Genocide Awareness Month.
  61. 4:13-u Lyme Disease Awareness Month.
  62. 4:13-v Cancer Prevention Month, Cancer Prevention Day, and Cure all Cancer Month.
  63. 4:13-w Childhood Cancer Awareness Month.
  64. 4:13-x New Hampshire Recovery Month.
  65. 4:13-y Post-Traumatic Stress Injury Awareness Day and Post-Traumatic Stress Injury Awareness Month.
  66. 4:13-z Pollyanna of Littleton New Hampshire Recognition Day.
  67. 4:13-aa Juneteenth Proclamation.
  68. 4:13-bb New Hampshire D-Day Remembrance Day.
  69. 4:13-cc Overdose Awareness Day.
  70. 4:13-dd Old Man of the Mountain Day.
  71. 4:14 Disbursements.
  72. 4:15 Department Expenditures.
  73. 4:16 Incidental Expenses.
  74. 4:17 Purchases of Surveyors' Maps, and Other Records.
  75. 4:18 Emergency Fund.
  76. 4:19 Emergency Repairs.
  77. 4:20 Borrowing for.
  78. 4:21 Petitions for Pardon or Commutation of Sentence.
  79. 4:22 Commissioner of Corrections to Report on.
  80. 4:23 Commutation.
  81. 4:24 Respite.
  82. 4:25 Conditional Pardons.
  83. 4:26 Breach of Condition.
  84. 4:27 Procedure After Arrest.
  85. 4:27-a Repealed by 1977, 595:4, eff. July 1, 1977.
  86. 4:28 Summoning of Witnesses.
  87. 4:29 By Purchase.
  88. 4:30 By Eminent Domain.
  89. 4:30-a Acquisition of Municipal Land Used for Conservation or Recreation.
  90. 4:30-b Acquisition of Substitute Recreation Land.
  91. 4:31 Repealed by 1983, 297:13, I, eff. Aug. 17, 1983.
  92. 4:32 Repealed by 1983, 297:13, II, eff. Aug. 17, 1983.
  93. 4:33 Repealed by 1983, 297:13, III, eff. Aug. 17, 1983.
  94. 4:34 Repealed by 1983, 297:13, IV, eff. Aug. 17, 1983.
  95. 4:35 Repealed by 1983, 297:13, V, eff. Aug. 17, 1983.
  96. 4:36 Repealed by 1983, 297:13, VI, eff. Aug. 17, 1983.
  97. 4:37 Attorney General to Act.
  98. 4:38 Payment.
  99. 4:39 Property, How Held.
  100. 4:39-a New Hampshire Hospital Real Estate.
  101. 4:39-b Approval of State Agency Leases Exceeding 5 Years.
  102. 4:39-c Disposal of Highway, Federal, or Turnpike Funded Real Estate.
  103. 4:39-d Leasing of State-Owned Real Estate on Public Waters.
  104. 4:39-e Real Property Owned by State Agencies; Reporting Requirement.
  105. 4:39-f Bulk Disposal of Highway or Turnpike Funded Real Estate.
  106. 4:40 Disposal of Real Estate.
  107. 4:40-a Grant of Right.
  108. 4:40-b Petition.
  109. 4:40-c Deed.
  110. 4:40-d Payments.
  111. 4:40-e Penalty.
  112. 4:41 Repealed by 1961, 221:6, eff. July 1, 1961.
  113. 4:42 Councilors' Compensation.
  114. 4:43 Naming of Certain Buildings and Formations.
  115. 4:44 Hearing Prior to Confirmation of Judicial Appointment.
  116. 4:45 State of Emergency Declaration; Powers.
  117. 4:46 Taking of Private Property; Compensation and Use.
  118. 4:47 Emergency Management Powers.
  119. 4:48 Executive Order Registry.

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119 provisions

4:13-a Repealed by 1959, 217:2, eff. Aug. 16, 1959.

Repealed by 1959, 217:2, eff. Aug. 16, 1959.

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4:13-b Lafayette Day.

The governor shall annually issue a proclamation calling for a proper observance of May 20, the anniversary of the death of General Marquis de Lafayette, revolutionary war hero, in lasting recognition of his gallant and illustrious service in the war for American independence. Source. 1955, 126:1, eff. May 9, 1955.

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4:13-c Constitution Days.

The governor shall annually issue on the following dates a proclamation calling for a proper observance of State Constitution Day which is January 5 and September 17 as Federal Constitution Day, so that the people may be reminded annually on these dates of the blessings of liberty which they enjoy by the adoption of the Constitution of the United States, the Bill of Rights and the Constitution of the State of New Hampshire. Source. 1975, 53:1, eff. June 6, 1975.

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4:13-d American History Month.

The governor shall annually proclaim February as "American History Month" and request the citizens of the state to observe the month with appropriate events. Source. 1981, 90:6, eff. June 19, 1981.

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4:13-e Law Enforcement Memorial Week.

In recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and inviting the governments, communities, and people of this state to observe such week with appropriate ceremonies and activities, the governor shall proclaim the calendar week of May 15 of each year as Law Enforcement Memorial Week in honor of the federal, state, and municipal officers who have been killed or disabled in the line of duty. Source. 1996, 11:2, eff. April 2, 1996.

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4:13-f New Hampshire Pearl Harbor Day.

I. The governor shall proclaim December 7 of each year as New Hampshire Pearl Harbor Remembrance Day. II. The proclamation issued by the governor shall call on the people of New Hampshire to observe the day with appropriate ceremonies and activities and shall urge all state agencies and academic institutions, and interested organizations, groups, and individuals, to fly the flag of the United States at half-staff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor. Source. 1996, 281:2, eff. Aug. 9, 1996.

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4:13-g Teacher Appreciation Day.

The governor shall annually proclaim the first Tuesday in May as Teacher Appreciation Day, and shall urge local communities, school administrative units, and school districts to observe such day in recognition of the dedication and service of New Hampshire's teachers. Source. 1997, 168:2, eff. Aug. 8, 1997.

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4:13-h Gold Star Mother's Day.

The governor shall annually issue a proclamation calling for the proper observance of the first Sunday after Easter which shall be known as Gold Star Mother's Day recognizing and honoring all mothers who have lost sons or daughters while on duty in the United States armed forces. The governor shall urge the citizens of the state to observe this day with appropriate events. Source. 1999, 72:1, eff. July 27, 1999.

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4:13-i United States Army, Navy, Air Force, Coast Guard, and Marine Corps; Anniversary of Founding Commemorated.

In recognition of the men and women who have served in the finest traditions of United States Army, Navy, Air Force, Coast Guard, and Marine Corps, and to commemorate the anniversary of the founding of each of these branches of the armed forces, the governor shall annually order the flags of the respective branches to be flown over the state house as follows: I. United States Air Force, September 18. II. United States Army, June 14. III. United States Coast Guard, August 4. IV. United States Navy, October 13. V. United States Marine Corps, November 10. VI. United States Space Force, December 20. Source. 2000, 102:1. 2004, 22:1, eff. June 4, 2004. 2023, 21:1, eff. July 3, 2023.

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4:13-j Destroyer Escort Day.

The governor shall annually proclaim June 20 as Destroyer Escort Day and shall urge cities, towns, and communities throughout the state to observe this day in commemoration of the bravery and valor of those individuals who lost their lives while serving aboard these gallant vessels during World War II, the Korean Conflict, and the Vietnam Conflict. Source. 2000, 135:1, eff. July 14, 2000.

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4:13-k Congenital Heart Defect Awareness Day.

The governor shall annually proclaim February 14 as Congenital Heart Defect Awareness Day and shall urge cities and towns throughout the state to observe this day in an appropriate manner in recognition of the thousands of citizens of this state affected by congenital heart defects, nationally the number one birth defect as a cause of infant deaths, and the need for public awareness, research, and support for victims and their families. Source. 2002, 16:1, eff. May 31, 2002.

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4:13-l General John Stark Day.

The governor shall annually proclaim the second Monday in April as General John Stark Day in commemoration of General Stark's gallant and illustrious service to New Hampshire and his country. Schools are encouraged to commemorate the day with appropriate educational activities. Source. 2003, 183:2. 2011, 77:1, eff. July 15, 2011. 2017, 8:1, eff. June 12, 2017.

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4:13-m Firefighters Memorial Day.

In recognition of the service given by the men and women who, night and day, serve the people of this state as firefighters, and inviting the governments, communities, and people of this state to observe such day with appropriate ceremonies and activities, the governor shall proclaim the last Saturday or Sunday in September of each year as Firefighters Memorial Day in honor of the firefighters who have been killed or disabled in the line of duty and those still serving. Source. 2007, 275:1, eff. Sept. 1, 2007. 2014, 15:1, eff. May 14, 2014.

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4:13-n Emergency Medical Services Provider Recognition Day.

In recognition of the service given by the men and women who, night and day, serve the people of this state as first responders, emergency medical technicians, and paramedics, and inviting the governments, communities, and people of this state to observe such day with appropriate ceremonies and activities, the governor shall proclaim the first Saturday in May of each year as Emergency Medical Services Provider Recognition Day in honor of the emergency medical services providers who have been killed or disabled in the line of duty and those still serving. Source. 2008, 78:1, eff. July 20, 2008.

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4:13-o Portsmouth Peace Treaty Day.

The governor shall annually issue a proclamation calling for the proper observance of September 5 as Portsmouth Peace Treaty Day and shall call on the citizens of New Hampshire to observe the day with appropriate ceremonies and activities commemorating this important day in New Hampshire history. Source. 2010, 376:2, eff. Oct. 16, 2010.

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4:13-p Proper Observance of September 11, 2001.

The governor shall annually issue a proclamation calling for a proper observance of September 11 in honor and remembrance of the people who lost their lives on September 11, 2001. The proclamation issued by the governor shall call on the people of New Hampshire to observe the day with appropriate ceremonies, including, but not limited to, the requirements of section 144 of Public Law 107-89. Source. 2011, 61:1, eff. July 15, 2011.

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4:13-q New Hampshire History Week.

The governor shall annually issue a proclamation calling for the proper observance of the third week of October as New Hampshire History Week and shall call on the citizens and schools of New Hampshire to observe the week with appropriate ceremonies and activities commemorating New Hampshire history and promoting its preservation. Source. 2011, 174:2, eff. Aug. 13, 2011.

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4:13-r Blue Star Mother's Day.

The governor shall annually proclaim the first Sunday after Mother's Day as Blue Star Mother's Day recognizing and honoring all mothers who now have, or have had, children honorably serving in the United States armed forces. The governor shall urge the citizens of this state to observe this day with appropriate events. Source. 2012, 274:1, eff. June 19, 2012.

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4:13-s Canine Veterans Day.

In recognition of the service given by the dogs who, night and day, serve the people of this country and the state, and inviting the governments, communities, and people of this state to observe such day with appropriate ceremonies and activities, the governor shall proclaim March 13th of each year as Canine Veterans Day in honor of the dogs who have bled, suffered, and died while serving in all of our wars and those still serving; as well as police canine units, customs canine units, border patrol canine units, secret service canine units, search and rescue canine units, airport police canine units, federal bureau of investigation canine units, and the local police and fire canine units who protect our neighborhoods should be honored accordingly. Source. 2014, 127:1, eff. Aug. 15, 2014.

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4:13-t New Hampshire Genocide Awareness Month.

The governor shall annually proclaim the month of April as New Hampshire Genocide Awareness Month and shall urge cities and towns throughout the state to observe this month in an appropriate manner commemorating the victims of genocides and educating the public about the importance of preventing intolerance, bigotry, antisemitism, and national, ethnic, racial, and religious hatred and genocide against any group of people. Source. 2014, 181:1, eff. Sept. 9, 2014. 2020, 29:15, eff. Sept. 21, 2020.

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4:13-u Lyme Disease Awareness Month.

The governor shall annually proclaim the month of May as Lyme disease awareness month and shall urge cities and towns throughout the state to observe this month in an appropriate manner educating the public about the prevention, diagnosis, and treatment of Lyme disease. Source. 2015, 42:2, eff. May 14, 2015.

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4:13-v Cancer Prevention Month, Cancer Prevention Day, and Cure all Cancer Month.

The governor shall annually proclaim February as Cancer Prevention month, February 4th as Cancer Prevention day, and August as Cure all Cancer month and shall urge cities and towns throughout the state to observe these dates in an appropriate manner in recognition of the thousands of citizens of this state affected by all types of cancer and the need for public awareness, research, and support for victims and their families. Source. 2016, 128:2, eff. July 19, 2016.

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4:13-w Childhood Cancer Awareness Month.

The governor shall annually proclaim September as childhood cancer awareness month and shall urge cities and towns throughout the state to observe this month in an appropriate manner to raise awareness about pediatric cancers and possible environmental triggers and observe such month with appropriate ceremonies and activities. Source. 2018, 351:2, eff. Aug. 31, 2018.

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4:13-x New Hampshire Recovery Month.

The governor shall annually proclaim September as "New Hampshire Recovery Month." Source. 2018, 328:1, eff. June 25, 2018.

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4:13-y Post-Traumatic Stress Injury Awareness Day and Post-Traumatic Stress Injury Awareness Month.

The governor shall annually proclaim June 27 as Post-Traumatic Stress Injury (PTSI) Awareness Day and June as Post-Traumatic Stress Injury (PTSI) Awareness Month. The governor shall urge cities and towns throughout the state to observe the dates in an appropriate manner in recognition of the citizens of this state affected by post-traumatic stress injuries (PTSI) and the need for continued public outreach and education regarding the causes, symptoms, and treatment of PTSI. Source. 2018, 326:1, eff. June 25, 2018.

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4:13-z Pollyanna of Littleton New Hampshire Recognition Day.

The governor shall annually issue a proclamation calling for a proper observance of the second Saturday in June as Pollyanna of Littleton New Hampshire Recognition Day in recognition and celebration of the bronze fine art sculpture of Pollyanna on the lawn of the Littleton public library as an attraction and a welcoming symbol of the gladness and optimism of the people of New Hampshire. The governor shall urge schools, libraries, and citizens to commemorate the day with appropriate ceremonies and activities. Source. 2019, 67:1, eff. June 6, 2019.

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4:13-aa Juneteenth Proclamation.

The governor shall annually issue a proclamation calling for the proper observance of June 19 as Juneteenth and shall call on the citizens of New Hampshire to observe the day with appropriate ceremonies and activities commemorating the abolition of slavery. Source. 2019, 95:1, eff. June 19, 2019.

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4:13-bb New Hampshire D-Day Remembrance Day.

I. The governor shall proclaim June 6 of each year as New Hampshire D-Day Remembrance Day. II. The proclamation issued by the governor shall call on the people of New Hampshire to observe the day with appropriate ceremonies and activities and shall urge all state agencies and academic institutions, and interested organizations, groups, and individuals, to fly the flag of the United States at half-staff each June 6 in honor of the individuals who died as a result of their service in the invasion of Normandy in World War II. Source. 2020, 29:4, eff. Sept. 21, 2020.

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4:13-cc Overdose Awareness Day.

The governor shall annually issue a proclamation calling for the proper observance of August 31 as Overdose Awareness Day, a day to honor and remember those who have died or suffered a permanent injury as a result of an overdose, to raise awareness of the epidemic, and to reduce the stigma associated with addiction, overdoses, and overdose fatalities. Source. 2020, 29:4, eff. Sept. 21, 2020.

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4:13-dd Old Man of the Mountain Day.

The governor shall issue an annual proclamation calling for the proper observance of May 3 as Old Man of the Mountain Day in honor of the day the iconic rock formation collapsed. Source. 2023, 8:1, eff. May 3, 2023.

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4:14 Disbursements.

Whenever any money is due from the state to any person, by force of a general law, special act or resolution, the governor is empowered, and it shall be his duty, with advice of the council, to draw his warrant upon the treasury therefor in favor of such person. Source. GS 18:1. GL 19:1. PS 20:1. PL 19:1. RL 27:1.

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4:15 Department Expenditures.

The expenditure of any moneys appropriated or otherwise provided to carry on the work of any department of the state government shall be subject to the approval of the governor, with the advice of the council, under such general regulations as the governor and council may prescribe with reference to all or any of such departments, for the purpose of securing the prudent and economical expenditures of the moneys appropriated. Heads of departments, assistants and employees thereof shall not be allowed as expenses travel between their places of residence and their department offices, nor shall they be allowed board or lodging while in the place in which their offices are located. Notwithstanding the preceding provision, the governor and council may by general regulation provide for the allowance of travel expenses where the department head, assistant or employee has a work assignment away from the place where his department office is located and it is more efficient for such person to proceed directly from his place of residence to such work assignment without reporting at his office. Source. 1915, 49:1. PL 19:11. 1927, 131:1. 1941, 31:1. RL 27:17. RSA 4:15. 1969, 256:1, eff. Aug. 19, 1969.

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4:16 Incidental Expenses.

The governor and council are authorized to audit and allow, as incidental expenses of the state, all bills for postage, stationery, necessary department supplies, and other necessary incidental expenses of the state, and the governor is authorized to draw his warrant for the payment of the same out of any money in the treasury not otherwise appropriated. Source. 1879, 57:43. PS 20:6. 1901, 74:1. PL 19:10. RL 27:16.

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4:17 Purchases of Surveyors' Maps, and Other Records.

The governor and council may expend a sum not to exceed $5,000 in any calendar year for the purpose of purchasing from the estates of deceased surveyors and civil engineers such field notes, maps, and other records prepared by them as will be of value in preserving real estate records of the state, and may direct the highway commissioner or other engineers to examine such records as are for sale for the purpose of ascertaining their value to the public. The governor is authorized to draw his warrant for the payment of the same out of any money in the treasury not otherwise appropriated. Source. 1935, 30:1. RL 27:14.

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4:18 Emergency Fund.

There shall be an emergency fund consisting of such sums as may be appropriated for that purpose by the general court, which may be expended by the governor, with the consent of the council, to aid any state department in any emergency which may arise in carrying on the essential functions of state government and in protecting the interests of the state which have been impaired by said emergency. Source. 1879, 59:1. PS 286:2. 1925, 174:13. PL 19:35. 1927, 36:1. RL 27:44. 1949, 321:2. 1953, 17:1, eff. Feb. 26, 1953.

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4:19 Emergency Repairs.

In case of emergency occasioned by the partial or total destruction, failure, or damage, by fire or otherwise, of any building or any other property belonging to the state, or used by any state department, or in the case of destruction or failure of, or damage to, the physical or technological infrastructure of any department or other state entity, the governor, with the consent of the council, may provide by contract for such repairs, new building, new property, or new equipment or may provide by contract for such temporary accommodation as he or she may deem necessary to replace those destroyed, damaged, or which have failed, and may draw warrants in payment for the same from any money in the treasury not otherwise appropriated. Source. 1909, 176:2. PL 19:30. RL 27:36. 2009, 162:1, eff. Sept. 6, 2009.

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4:20 Borrowing for.

In case there shall not be sufficient funds in the treasury available for the payment of warrants so drawn the treasurer, under the direction of the governor and council, is authorized to borrow on the state's credit for a period of not more than 5 years, at the lowest rate of interest obtainable, such sums as may be necessary for the purposes aforesaid. Source. 1909, 176:3. PL 19:31. RL 27:37. RSA 4:20. 1993, 31:1, eff. June 7, 1993.

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4:21 Petitions for Pardon or Commutation of Sentence.

On all petitions to the governor and council for pardon or commutation of sentence written notice thereof shall be given to the state's counsel, and such notice to others as the governor may direct; and the prosecuting officer may be required to furnish a concise statement of the case as proved at the trial and any other facts bearing on the propriety of granting the petition. Source. GS 18:3. GL 19:3. PS 20:3. PL 19:4. RL 27:5.

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4:22 Commissioner of Corrections to Report on.

In all cases where the petition is for the pardon of a person serving a sentence in the state prison, the commissioner of corrections shall make a report upon the petition before it is referred to the council. Source. 1931, 117:1. RL 27:9.

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4:23 Commutation.

The governor, with advice of the council, upon application of any convict under sentence of death may grant him a pardon on condition that he shall be imprisoned for life or any term of years expressed in the pardon, and upon such further conditions as may be thought just; and the governor's warrant, reciting such conditions, shall be sufficient authority to all officers to carry into effect such conditions, as if the same were the original sentence. Source. GS 18:4. GL 19:4. PS 20:4. PL 19:5. RL 27:6.

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RSA 4 Powers of the Governor and Council in Certain Cases