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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.
Propose a changeRepealed by 1985, 300:29, I, eff. Jan. 1, 1986.
Propose a changeThe 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.
Propose a changeRepealed by 1985, 300:29, I, eff. Jan. 1, 1986.
Propose a changeThe 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.
Propose a changeThe 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.
Propose a changeUnder 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.
Propose a changeI. 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.
Propose a changeI. 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 or lobbying 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. 2025, 141:78, eff. July 1, 2025.
Propose a changeThe 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 special counsel retained by the attorney general. Source. 1975, 180:1. 1985, 300:7, I(a), eff. Jan. 1, 1986. 2025, 141:76, eff. July 1, 2025.
Propose a changeI. 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.
Propose a changeAny 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 $6 million, with any amount in excess of $6 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. 2023, 79:485, eff. July 1, 2024.
Propose a changeI. 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.
Propose a changeI. 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.
Propose a changeHe 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.
Propose a changeHe 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.
Propose a changeI. 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.
Propose a changeI. 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 public safety and infrastructure bureau, as provided in RSA 21-M:12. (c) A civil rights unit, which shall be responsible for enforcing the New Hampshire Law Against Discrimination and the New Hampshire Civil Rights Act, bringing civil enforcement actions on behalf of the public to redress discriminatory acts and civil rights violations, and enforcing any other state or federal antidiscrimination laws that authorize the attorney general to enforce them. (d) A charitable trusts unit, which shall be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 7:32-a. (e) An election law unit, which shall be responsible for enforcing violations of New Hampshire election laws under RSA 7:6-c and the Uniform Law on Notarial Acts. Source. 1985, 410:3. 1987, 406:1, eff. July 25, 1987. 2018, 127:1, eff. July 29, 2018. 2025, 141:73, eff. July 1, 2025.
Propose a changeThe 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.
Propose a changeThe 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.
Propose a changeI. 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.
Propose a changeThe 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.
Propose a changeNothing 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.
Propose a changeI. 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.
Propose a changeI. 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.
Propose a changeSubject 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.
Propose a change7:14-b Repealed by 1967, 413:2, eff. July 1, 1967.
Propose a changeIf 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.
Propose a changeI. 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.
Propose a changeThe 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.
Propose a changeI. 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.
Propose a changeI. 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.
Propose a changeThe 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.
Propose a changeThe 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.
Propose a changeto 7:18-c Repealed by 1985, 300:29, III, eff. Jan. 1, 1986.
Propose a change7:18-e Repealed by 1985, 300:29, III, eff. Jan. 1, 1986.
Propose a changeI. 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 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 7:32-b 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. 2025, 141:77, eff. July 1, 2025.
Propose a changeI. 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.
Propose a changeI. 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.
Propose a changeThe 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.
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