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RSA 7 Attorneys General, Director of Charitable Trusts, and County Attorneys

New Hampshire · 7 · statute

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Contents: 109 provisions
  1. 7:1 Appointment; Attorney General and Deputy.
  2. 7:2 Repealed by 1985, 300:29, I, eff. Jan. 1, 1986.
  3. 7:3 Authority.
  4. 7:4 Repealed by 1985, 300:29, I, eff. Jan. 1, 1986.
  5. 7:5 Offices.
  6. 7:6 Powers and Duties as State's Attorney.
  7. 7:6-a Law Enforcement Manual.
  8. 7:6-b Certain Records of Communications Common Carriers.
  9. 7:6-c Enforcement of the Election Laws.
  10. 7:6-d Private Practice Prohibited.
  11. 7:6-e Disposition of Funds Obtained by the Attorney General.
  12. 7:6-f Disposition of Consumer Protection Settlement Funds.
  13. 7:6-g Health Care Consumer Protection Trust Fund Established.
  14. 7:6-h Health Care Consumer Protection Advisory Commission Established.
  15. 7:7 Opinions to Legislature.
  16. 7:8 Advice to Departments; Supervision.
  17. 7:8-a Division of Public Protection.
  18. 7:8-b Division of Legal Counsel.
  19. 7:9 Direction by Governor.
  20. 7:10 Direction by Public Utilities Commission.
  21. 7:10-a Missing Child Bulletin.
  22. 7:10-b Missing Adults.
  23. 7:11 Duties Not Exclusive.
  24. 7:12 Assistants.
  25. 7:13 Transfer of Attorneys From Other Departments.
  26. 7:14 Clerical Force.
  27. 7:14-a, 7:14-b Repealed by 1967, 413:2, eff. July 1, 1967.
  28. 7:15 Incapacity.
  29. 7:15-a Collection of Debts Owed to the State.
  30. 7:15-b Debt Collection Attorney.
  31. 7:16 Assistant Attorneys General.
  32. 7:16-a Temporary Classification.
  33. 7:17 Duties.
  34. 7:18 Salary.
  35. 7:18-a to 7:18-c Repealed by 1985, 300:29, III, eff. Jan. 1, 1986.
  36. 7:18-d, 7:18-e Repealed by 1985, 300:29, III, eff. Jan. 1, 1986.
  37. 7:19 Authority; Register Authorized; Pecuniary Benefit Limited.
  38. 7:19-a Regulation of Certain Transactions Involving Directors, Officers, and Trustees of Charitable Trusts.
  39. 7:19-b Standards for Acquisition Transactions Involving Health Care Charitable Trusts and Review by Director of Charitable Trusts.
  40. 7:20 Director of Charitable Trusts.
  41. 7:21 Definitions.
  42. 7:22 Rules.
  43. 7:23 Inspection of Register.
  44. 7:24 Investigation.
  45. 7:25 Notice to Attend Investigation.
  46. 7:26 Repealed by 1987, 260:4, I, eff. July 19, 1987.
  47. 7:27 Testimonial Privilege.
  48. 7:28 Reports by Trustees of Charitable Trusts.
  49. 7:28-a Filing Fees.
  50. 7:28-b Reports of Solicitations for Charitable Purposes by a Fund Raising Counsel.
  51. 7:28-c Registration, Contract and Disclosure Requirements for a Paid Solicitor.
  52. 7:28-d Charitable Sales Promotions.
  53. 7:28-e Fiduciary Capacity.
  54. 7:28-f Acts Unlawful; Suspension, Revocation, Penalties and Enforcement.
  55. 7:28-g Handling Charges.
  56. 7:29 Information From Clerk.
  57. 7:29-a Charity Protection Act.
  58. 7:30 Repealed by 1998, 155:10, I, eff. July 8, 1998.
  59. 7:31 Employees.
  60. 7:32 Federal Assistance.
  61. 7:32-a Directory.
  62. 7:32-b Criminal Penalties.
  63. 7:32-c Purpose.
  64. 7:32-d Definitions.
  65. 7:32-e Community Benefits Plans.
  66. 7:32-f Community Needs Assessment.
  67. 7:32-g Notice to Director of Charitable Trusts and Public; Administrative Fine.
  68. 7:32-h Charity Care.
  69. 7:32-i Enforcement.
  70. 7:32-j Exemption.
  71. 7:32-k Effect on Eligibility for Property Tax Exemption.
  72. 7:32-l Combined Needs Assessments, Planning, Reporting.
  73. 7:33 Election; Temporary Vacancies.
  74. 7:33-a Repealed by 1996, 124:6, I, eff. July 15, 1996.
  75. 7:33-b Contract Assistant County Attorney.
  76. 7:33-c Repealed by 1996, 124:6, II, eff. July 15, 1996.
  77. 7:33-d Repealed by 1988, 63:2, I, eff. June 10, 1988.
  78. 7:33-e Repealed by 1988, 63:2, II, eff. June 10, 1988.
  79. 7:33-f Assistant County Attorneys Permitted.
  80. 7:33-g Special Assistant County Attorneys Permitted.
  81. 7:34 Duties.
  82. 7:34-a Private Practice Prohibited; Rockingham County.
  83. 7:34-b Private Practice Prohibited; Cheshire County.
  84. 7:34-c Private Practice Restricted; Belknap County.
  85. 7:34-d Private Practice Prohibited; Sullivan County.
  86. 7:34-e Private Practice Prohibited; Strafford County.
  87. 7:34-f Private Practice Prohibited; Carroll County.
  88. 7:34-g Private Practice Prohibited; Coos County.
  89. 7:35 Repealed by 1971, 514:18, I, eff. Jan. 1, 1973.
  90. 7:35-a Repealed by 1971, 514:8, II, eff. Jan. 1, 1973.
  91. 7:35-b Repealed by 1971, 514:8, III, eff. Jan. 1, 1973.
  92. 7:35-c Repealed by 1971, 514:8, IV, eff. Jan. 1, 1973.
  93. 7:35-d Repealed by 1971, 514:18, V, eff. Jan. 1, 1973.
  94. 7:35-e Repealed by 1971, 514:18, VI, XXX, eff. Jan. 1, 1973.
  95. 7:35-f Repealed by 1971, 514:18, XXX, eff. Jan. 1, 1973.
  96. 7:35-g Repealed by 1973, 436:3, eff. June 30, 1973.
  97. 7:36 Expenses; Payment.
  98. 7:37 Report of Attorney General.
  99. 7:38 Of County Attorneys.
  100. 7:39 To County Commissioners.
  101. 7:40 Statistical Analysis Center.
  102. 7:41 Findings and Purpose.
  103. 7:42 Definitions.
  104. 7:43 Address Confidentiality Program.
  105. 7:44 Certification Cancellation.
  106. 7:45 Agency Use of Designated Address.
  107. 7:46 Voting by Program Participants.
  108. 7:47 Disclosure of Records Prohibited; Exceptions.
  109. 7:48 Assistance for Program Applicants.

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109 provisions

7:34 Duties.

The county attorney of each county shall be under the direction of the attorney general, and, in the absence of the latter, he or she shall perform all the duties of the attorney general's office for the county. If no other representation is provided, under the direction of the county commissioners he or she shall prosecute or defend any suit in which the county is interested. The county attorney shall tax all costs arising in state or county suits in his or her county for the consideration of the court. Source. RS 13:5. CS 13:5. GS 15:5. GL 16:5. PS 17:6. PL 16:19. RL 24:19. 2003, 319:167, eff. July 1, 2003.

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7:34-a Private Practice Prohibited; Rockingham County.

The Rockingham county attorney shall not directly or indirectly engage in the private practice of law, nor shall he accept any fees or emoluments other than his official salary for any legal services. Private practice of law shall not include the provision of legal services without charge to the members of the county attorney's family when the same shall not conflict with the county attorney's official duties. Source. 1977, 256:1, eff. Aug. 21, 1977.

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7:34-b Private Practice Prohibited; Cheshire County.

The Cheshire county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties. Source. 1981, 269:1, eff. Aug. 15, 1981.

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7:34-c Private Practice Restricted; Belknap County.

The Belknap county attorney shall not directly or indirectly engage in the private practice of criminal law or accept any fees or compensation other than his official salary for any legal services in the field of criminal law. He may engage in the private practice of civil law. Source. 1982, 41:9. 1988, 125:1, eff. July 1, 1988.

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7:34-d Private Practice Prohibited; Sullivan County.

The Sullivan county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties. Source. 1986, 208:2, eff. Jan. 1, 1987.

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7:34-e Private Practice Prohibited; Strafford County.

The Strafford county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his official duties. Source. 1986, 208:3, eff. June 6, 1986.

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7:34-f Private Practice Prohibited; Carroll County.

The Carroll county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than her or his official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with her or his official duties. Source. 1989, 162:1, eff. Jan. 1, 1991. 2019, 71:1, eff. Aug. 7, 2019.

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7:34-g Private Practice Prohibited; Coos County.

The Coos county attorney shall not directly or indirectly engage in the private practice of law or accept any fees or compensation other than his or her official salary for any legal services. Private practice of law does not include the provision of legal services without charge to the members of the county attorney's family, when the provision of these services does not conflict with his or her official duties. Source. 1998, 342:3, eff. Aug. 25, 1998.

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7:35 Repealed by 1971, 514:18, I, eff. Jan. 1, 1973.

Repealed by 1971, 514:18, I, eff. Jan. 1, 1973.

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7:35-a Repealed by 1971, 514:8, II, eff. Jan. 1, 1973.

Repealed by 1971, 514:8, II, eff. Jan. 1, 1973.

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7:35-b Repealed by 1971, 514:8, III, eff. Jan. 1, 1973.

Repealed by 1971, 514:8, III, eff. Jan. 1, 1973.

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7:35-c Repealed by 1971, 514:8, IV, eff. Jan. 1, 1973.

Repealed by 1971, 514:8, IV, eff. Jan. 1, 1973.

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7:35-d Repealed by 1971, 514:18, V, eff. Jan. 1, 1973.

Repealed by 1971, 514:18, V, eff. Jan. 1, 1973.

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7:35-e Repealed by 1971, 514:18, VI, XXX, eff. Jan. 1, 1973.

Repealed by 1971, 514:18, VI, XXX, eff. Jan. 1, 1973.

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7:35-f Repealed by 1971, 514:18, XXX, eff. Jan. 1, 1973.

Repealed by 1971, 514:18, XXX, eff. Jan. 1, 1973.

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7:35-g Repealed by 1973, 436:3, eff. June 30, 1973.

Repealed by 1973, 436:3, eff. June 30, 1973.

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7:36 Expenses; Payment.

The county attorneys are entitled to their actual expenses incurred in the discharge of their official duties. They shall be paid monthly for their salaries and expenses. They shall submit their expense accounts to a justice of the superior court for his approval before the accounts may be paid. Source. 1915, 141:1, 2. 1921, 69:1. PL 16:21. RL 24:21. RSA 7:36. 1965, 364:2. 1969, 205:1, eff. Aug. 4, 1969.

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7:37 Report of Attorney General.

The attorney general shall, on or before December 1 of each odd numbered year, file a report with the governor and council of his official acts and of all money received and the disposition made thereof by him during the preceding 2 years, and containing such statistics and other information concerning crimes and misdemeanors, and such recommendations with reference to their prevention and punishment, as in his judgment the public good requires. He shall include in each report copies of all opinions given by him during the period covered by the report; provided that he shall not be required to include any opinion the publication of which he deems detrimental to the public good. He shall report particularly as to any neglect of duty on the part of county attorneys and other officers charged with the enforcement of the criminal laws. When counsel are employed under the provisions of RSA 7:12, the attorney general shall report such employment, with the reason therefor, and an itemized account of the expense thereof. Source. RS 13:9. CS 13:9. GS 15:9. GL 16:9. PS 17:7. 1911, 190:3, 5. PL 16:22. RL 24:22. RSA 7:37. 1973, 140:30. 1985, 300:11, eff. Jan. 1, 1986.

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7:38 Of County Attorneys.

The county attorneys shall include in their annual reports full statistics regarding crimes and misdemeanors committed in their respective counties and such recommendations as in their judgment the public good requires. Source. PS 17:8. PL 16:24. RL 24:24.

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7:39 To County Commissioners.

The county attorney at the close of each term of court shall transmit to the county commissioners a list of all civil actions pending at the term in favor of or against the county, with the names of the parties, the nature and amount of the claims and the progress made in each case; and for neglect to make such return he shall be fined $20. Source. 1865, 4077:6. GS 24:16. GL 25:16. PS 17:9. PL 16:25. RL 24:25.

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7:40 Statistical Analysis Center.

There shall be a statistical analysis center under the supervision of the attorney general. The center shall provide complete, accurate, and current criminal and juvenile justice statistics to public officials and law enforcement operational, managerial, and planning personnel. The attorney general shall oversee and coordinate the work of the center in maintaining, coordinating, and improving the state criminal and juvenile justice statistics system; analyzing and publishing criminal justice data; and supervising the management and administrative statistics program. Source. 1979, 495:5. 1981, 553:8. 1985, 300:12, eff. Jan. 1, 1986.

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7:41 Findings and Purpose.

The legislature finds that persons attempting to escape from actual or threatened domestic violence, stalking, or sexual assault frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this program is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, stalking, or sexual assault, to enable interagency cooperation with the attorney general in providing address confidentiality for victims of domestic violence, stalking, or sexual assault, and to enable state and local agencies to accept a program participant's use of an address designated by the attorney general as a substitute mailing address. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:42 Definitions.

As used in this subdivision: I. "Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this subdivision. II. "Program participant" means a person certified as a program participant under RSA 7:43. III. "Domestic violence" means an act as defined in RSA 173-B and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers. IV. "Sexual assault" means an act as defined in RSA 632-A. V. "Stalking" means an act as defined in RSA 633:3-a. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:43 Address Confidentiality Program.

I. An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the attorney general to have an address designated by the attorney general serve as the person's address or the address of the minor or incapacitated person. The attorney general shall approve an application if it is filed in the manner and on the form prescribed by the attorney general and if it contains: (a) A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, or sexual assault; and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made; (b) A designation of the attorney general as agent for purposes of service of process and for the purpose of receipt of mail; (c) The mailing address where the applicant can be contacted by the attorney general, and the phone number or numbers where the applicant can be called by the attorney general; (d) The new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, stalking, or sexual assault; and (e) The signature of the applicant and the date on which the applicant signed the application. II. Applications shall be filed with the attorney general. III. Upon filing a properly completed application, the attorney general shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date. IV. A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be guilty of a class B misdemeanor. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:44 Certification Cancellation.

I. If the program participant obtains a name change, he or she loses certification as a program participant and may immediately reapply for certification under his or her new name. II. The attorney general may cancel a program participant's certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the attorney general notice of the change of address within 7 days. III. The attorney general may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable. IV. The attorney general shall cancel certification of a program participant who applies using false information. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:45 Agency Use of Designated Address.

I. A program participant may request that state and local agencies use the address designated by the attorney general as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the attorney general as a program participant's substitute address, unless the attorney general had determined that: (a) The agency has a bona fide statutory or administrative requirement for the use of the address which would otherwise be confidential under this subdivision; and (b) This address will be used only for those statutory and administrative purposes. II. A program participant may use the address designated by the attorney general as his or her work address. III. The attorney general shall forward all first class mail to the appropriate program participants. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:46 Voting by Program Participants.

I. A program participant who is otherwise qualified to vote may apply as an absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual is domiciled in the same manner as absentee voters pursuant to RSA 657:15. Notwithstanding RSA 654, neither the name nor the address of a program participant shall be included in any list of registered voters available to the public. II. The city or town clerk shall not make the participant's address contained in voter registration records available for public inspection or copying except under the following circumstances: (a) If requested by a law enforcement agency, to the law enforcement agency; and (b) If directed by a court order, to a person identified in the order. Source. 2000, 265:1. 2003, 289:2, eff. Sept. 1, 2003.

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7:47 Disclosure of Records Prohibited; Exceptions.

The attorney general shall not make any records in a program participant's file available for inspection or copying, other than the address designated by the attorney general, except under the following circumstances: I. If requested by a law enforcement agency, to the law enforcement agency; II. If directed by a court order, to a person identified in the order; III. If certification has been cancelled; or IV. To verify the participation of a specific program participant, in which case the attorney general may only confirm participation in the program. Source. 2000, 265:1, eff. Jan. 1, 2001.

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7:48 Assistance for Program Applicants.

The attorney general shall refer participants to crisis centers that provide counseling and shelter services to either victims of domestic violence, stalking, or sexual assault to assist persons applying to be program participants. Source. 2000, 265:1, eff. Jan. 1, 2001.

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