reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:1 - Definitions.

161-L:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Covered drugs" means drugs that are on the New Hampshire preferred drug list.
III. "Department" means the department of health and human services.
IV. "Dispensing fee" means a fee for each prescription dispensed by a pharmacy that is paid to the pharmacy.
V. [Repealed.]
VI. "Initial discounted price" for a drug means the price which has been discounted from a pharmacy's usual and customary charge that participating retail pharmacies may charge qualified residents participating in the program for that drug.
VII. "Labeler" means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 C.F.R. section 207.20.
VIII. "Participating retail pharmacy" or "retail pharmacy" means a retail pharmacy located in this state, or another business licensed to dispense prescription drugs in this state, that participates in the program.
IX. "Program" means the New Hampshire Rx advantage program established under this chapter.
X. "Qualified resident" means a resident of this state who has a family income equal to or less than 300 percent of the federal poverty level and who self-qualifies as an enrollee in the program. "Qualified resident" also means a resident of this state whose family incurs unreimbursed expenses for prescription drugs that equal 5 percent or more of family income or whose total unreimbursed medical expenses equal 15 percent or more of family income. For purposes of this definition, the cost of drugs provided under this chapter shall be considered an expense incurred by the family for eligibility determination purposes.
XI. "Secondary discounted price" means the initial discounted price minus any further discounts.
XII. "Usual and customary charge" means the charge a pharmacy charges a customer for a prescription drug.
Source.
2007, 297:7, eff. Jan. 1, 2008. 2019, 134:8, I, 9, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:2 - New Hampshire Rx Advantage Program Established.

161-L:2 New Hampshire Rx Advantage Program Established. –
The department shall establish the New Hampshire Rx advantage program. The department may coordinate this program with other programs and may take actions to enhance efficiency, reduce the cost of prescription drugs, and maximize the benefits to the programs and enrollees, including providing the benefits of this program to enrollees in other programs. The components of the program shall be as follows:
I. A drug manufacturer or labeler that sells prescription drugs in this state through any other publicly-supported pharmaceutical assistance program may enter into a rebate agreement with the department for this program. The rebate agreement shall require the manufacturer or labeler to make rebate payments to the state each calendar quarter or according to a schedule established by the department.
II. The commissioner shall negotiate the amount of the rebate required from a manufacturer or labeler in accordance with this paragraph.
(a) The commissioner shall take into consideration the rebate calculated under the Medicaid Rebate Program pursuant to 42 U.S.C. section 1396r-8, the average wholesale price of prescription drugs, and any other information on prescription drug prices and price discounts.
(b) The commissioner shall use the commissioner's best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under rebates pursuant to 42 U.S.C. section 1396r-8.
(c) With respect to the rebate taking effect no later than October 1, 2009, the commissioner shall use the commissioner's best efforts to obtain an amount equal to or greater than the amount of any discount, rebate, or price reduction for prescription drugs provided to the federal government.
III. Each participating retail pharmacy shall sell covered drugs to qualified residents at the lower of the initial discounted price and the secondary discounted price as such prices are determined by the department pursuant to this chapter.
(a) The department shall establish discounted prices for drugs covered by a rebate agreement and shall promote the use of efficacious and reduced-cost drugs, taking into consideration reduced prices for state and federally-capped drug programs, differential dispensing fees, administrative overhead, and incentive payments.
(b) Beginning July 1, 2008, a participating retail pharmacy shall offer the initial discounted price.
(c) No later than October 1, 2009, a participating retail pharmacy shall offer the secondary discounted price if available.
Source.
2007, 297:7, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:3 - Retail Pharmacies; Rules; Operation of Program.

161-L:3 Retail Pharmacies;  Rules;  Operation of Program. –
I. The New Hampshire pharmacy board, established in RSA 318, shall adopt rules, pursuant to RSA 541-A, requiring disclosure by participating retail pharmacies to qualified residents relative to the amount of savings provided as a result of the program. The rules shall include protection of any information that is proprietary in nature.
II. The department shall not impose transaction charges under this program on retail pharmacies that submit claims or receive payments under the program.
III. A participating retail pharmacy shall submit claims to the department to verify the amount charged to qualified residents.
IV. On a weekly or biweekly basis, the department shall reimburse a participating retail pharmacy for the difference between the initial discounted price and the secondary discounted price provided to qualified residents under the program.
V. The department shall conduct ongoing quality assurance activities.
VI. The commissioner shall negotiate a per prescription dispensing fee which shall not be less than the medicaid dispensing fee to be paid to participating pharmacies.
Source.
2007, 297:7, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:4 - Nonparticipating Manufacturers and Labelers.

161-L:4 Nonparticipating Manufacturers and Labelers. –
I. The names of manufacturers and labelers who do and do not enter into rebate agreements pursuant to this chapter shall be public information. The department shall release such information to health care providers and the public on a regular basis and shall publicize participation by manufacturers and labelers that is of particular benefit to the public.
II. The department may impose prior authorization requirements in the program, as permitted by law, to the extent the department determines it is appropriate to do so in order to encourage manufacturer and labeler participation in the program and if the additional prior authorization requirements remain consistent with the goals of the program and the requirements of the federal Social Security Act, Title XIX.
Source.
2007, 297:7, see effective date note below.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:5 - Repealed by 2019, 134:8, II, eff. June 25, 2019.

161-L:5 Repealed by 2019, 134:8, II, eff. June 25, 2019. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:6 - Rulemaking.

161-L:6 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A, relative to:
I. Procedures for issuing program enrollment cards.
II. Outreach efforts to build public awareness of the program and to maximize enrollment of eligible residents.
III. Content and format of any forms required under this chapter.
IV. Procedures for entering into rebate agreements with drug manufacturers or labelers.
V. Manner of releasing information to the public under RSA 161-L:4.
Source.
2007, 297:7, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-L - New Hampshire Rx Advantage Program › Section 161-L:7 - Annual Report Required.

161-L:7 Annual Report Required. –
The commissioner shall make an annual report beginning January 1, 2009 relative to the enrollment and financial status of the program, including any recommendations for legislation, to the speaker of the house of representatives, the president of the senate, and the governor.
Source.
2007, 297:7, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-M - Senior Citizens Bill of Rights › Section 161-M:1 - Purpose.

161-M:1 Purpose. –
The purpose of this chapter is to establish a senior citizens bill of rights, which shall apply to the management of housing for older persons and independent living retirement communities, as defined in this chapter.
Source.
2014, 203:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-M - Senior Citizens Bill of Rights › Section 161-M:2 - Definition.

161-M:2 Definition. –
In this chapter, "facility" means "housing for older persons" as defined in RSA 161-J:2, III, and "independent living retirement community" as defined in RSA 161-J:2, III-a. In this chapter "facility" shall not include continuing care retirement communities as defined in RSA 420-D, condominiums as defined in RSA 356-B:3, V, manufactured housing parks as defined in RSA 205-A:1, or any facility licensed under RSA 151.
Source.
2014, 203:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-M - Senior Citizens Bill of Rights › Section 161-M:4 - Gardens.

161-M:4 Gardens. –
Each facility shall allow residents to establish and maintain a garden if the facility has land appropriate for use as a garden; provided, that any such resident establishing a garden shall consult with the management of the facility regarding the type of herbs, fruits, flowers, vegetables or other plants the resident would like to plant in the garden.
Source.
2014, 203:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-M - Senior Citizens Bill of Rights › Section 161-M:5 - Posting Requirement.

161-M:5 Posting Requirement. –
The management of a facility shall conspicuously post in an area accessible to residents, employees, and visitors the following:
I. A copy of the senior citizens bill of rights as provided in RSA 161-M:3. Management of a facility shall provide each resident with a copy of the senior citizens bill of rights at the time of initial lease execution and upon each lease renewal.
II. A description of the complaint procedures established by the management of a facility pursuant to the senior citizens bill of rights, including the name, address, and telephone number of a person authorized to receive complaints.
III. A notice informing a resident that a violation of the senior citizens bill of rights constitutes an unfair or deceptive act or practice under the consumer protection laws of this state. The notice shall inform the resident of the right to file a complaint with the New Hampshire department of justice, office of the attorney general, consumer protection and antitrust bureau, including the telephone number and name of the person in the consumer protection and antitrust bureau authorized to receive such complaints.
Source.
2014, 203:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-M - Senior Citizens Bill of Rights › Section 161-M:6 - Penalty.

161-M:6 Penalty. –
Any facility or person who violates any provision of this chapter shall be guilty of an unfair or deceptive act or practice as provided in RSA 358-A and shall be penalized in accordance with RSA 358-A:6.
Source.
2014, 203:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-N - Home Health Care Agency Services › Section 161-N:1 - Purpose.

161-N:1 Purpose. –
Older adults and people with disabilities, including children with special health care needs, require the support of home health care services. The purpose of this chapter is to ensure medically-necessary home health care services are available to Medicaid recipients at their residences and in non-institutional locations outside of the residence in which normal life activities take place.
Source.
2016, 273:1, eff. June 16, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-N - Home Health Care Agency Services › Section 161-N:2 - Definitions.

161-N:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Home health care services" means care provided by a home health care agency licensed under RSA 151, when that care is provided at the residence of the recipient or in a non-institutional setting where normal life activities take place. The residence of the recipient shall not include a hospital, a nursing facility, or an intermediate care facility for individuals with intellectual disabilities, except for home health care services in an intermediate care facility for individuals with intellectual disabilities that are not required to be provided by the facility.
Source.
2016, 273:1, eff. June 16, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-N - Home Health Care Agency Services › Section 161-N:3 - Home Health Care Services Location.

161-N:3 Home Health Care Services Location. –
Medicaid coverage of medically-necessary home health care services shall be available to Medicaid recipients at their residences and in any non-institutional setting in which normal life activities take place.
Source.
2016, 273:1, eff. June 16, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-N - Home Health Care Agency Services › Section 161-N:4 - Rulemaking.

161-N:4 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Further definition of home health care services under RSA 161-N:3.
II. Content and format of forms required under this chapter.
III. Any other matter necessary to the proper administration of this chapter.
Source.
2016, 273:1, eff. June 16, 2016.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:1 - Declaration of Need and Purpose.

162-A:1 Declaration of Need and Purpose. –
It is declared that there is a statewide need for the preservation and development of business and industry for the betterment of the economy of the state and its inhabitants. It is the purpose of this chapter to provide for the preservation, establishment, and redevelopment of business and industry, together with adequate transportation, water, sewage and other necessary facilities, so as to provide and encourage orderly development, create or preserve employment opportunities, protect the physical environment, preserve or increase the social welfare or economic prosperity of the state or its political subdivisions, and promote the general welfare of the state's citizens. It is further declared that the business finance authority, created in this chapter shall be regarded as performing an essential governmental function in carrying out the provisions of this chapter.
Source.
1992, 262:3, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:3 - Authority Created.

162-A:3 Authority Created. –
There is hereby created the business finance authority, formerly operating and known as the industrial development authority, which shall be a body corporate and politic having a distinct legal existence separate from the state and not constituting a department of state government having the powers and jurisdiction enumerated in this chapter and such other and additional powers as shall be conferred upon it by the legislature. The authority is hereby deemed to be a public instrumentality and the exercise by the authority of the powers conferred upon it by the legislature shall be deemed and held to be the performance of public and essential governmental functions of the state.
Source.
1992, 262:3. 1993, 335:2. 1997, 329:1, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:4 - Management.

162-A:4 Management. –
I. The management of the authority shall be vested in a board of 14 directors, who shall serve without compensation. The governor, with the consent of the council, shall appoint 9 members of the board, who shall include an executive director of a regional planning commission and one elected or appointed local official. The governor shall designate one of the board members as chairperson. Each board member appointed by the governor shall hold office for 3 years, or until a successor has been appointed. The state treasurer shall serve as a voting ex officio member of the board. Two members of the house of representatives, who shall be appointed by the speaker of the house of representatives, and 2 members of the senate, who shall be appointed by the president of the senate, shall serve as nonvoting members of the board. A director serving as a member of the house of representatives or as a member of the senate shall serve for a term ending when the general court dissolves.
II. A director, officer, or employee of the authority shall not use his or her office for personal gain or act in a manner contrary to the public interest. A director shall abstain from voting on matters in which the director has a financial interest, whether personally or through a spouse or dependent. If in doubt, the director may submit a written request for advice to the chairperson, who shall make a ruling as to whether the director may vote on a matter.
Source.
1992, 262:3. 1997, 329:2, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:5 - Vacancy, Removal, or Suspension.

162-A:5 Vacancy, Removal, or Suspension. –
I. If a vacancy shall occur by death, resignation, or otherwise of a director appointed by the governor, then the governor, with the advice and consent of the council, shall fill the same for the unexpired term. The governor and council may at any time remove a director appointed by the governor for inefficiency, neglect of duty, or malfeasance in office, but no such director shall be removed without a hearing, after notice in writing of the charges against the director. A director who is appointed to the board as a member of the house of representatives shall serve at the pleasure of the speaker of the house of representatives. A director who is appointed to the board as a member of the senate shall serve at the pleasure of the president of the senate.
II. If a director is appointed to the board as an executive director of a regional planning commission or as an elected or appointed local official and the director ceases to hold such office, the director shall continue as a director for the remainder of the unexpired term and shall be treated for purposes of RSA 162-A:4 as if the director continued to hold such office. If a director is appointed to the board as a member of the house of representatives or as a member of the senate and the director ceases to be a member of the house of representatives or the senate, such director shall also cease to be a director.
Source.
1992, 262:3. 1997, 329:3, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:5-a - Administrative Officers; Compensation.

162-A:5-a Administrative Officers;  Compensation. –
I. The board shall appoint an executive director, a senior credit officer, a chief financial officer, and other personnel determined by the board to be necessary to carry out the purposes of this chapter. The executive director, the senior credit officer, and the chief financial officer shall serve at the pleasure of the board and shall be qualified by reason of professional competence, education, and experience.
II. [Repealed.]
Source.
1993, 335:3; 358:9. 2001, 158:109, III, eff. Dec. 28, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:5-b - Access to Capital Funding for Community Health Centers.

162-A:5-b Access to Capital Funding for Community Health Centers. –
The board shall develop a mechanism to open access to capital for New Hampshire community health centers. The mechanism may include prioritization within pools of funding, loans, state loan guarantees, and any other mechanisms to increase capital funding of the expansion for community health centers. For the purposes of this section, "community health centers" are nonprofit primary care providers who provide community-based primary care to the state's uninsured and Medicaid populations regardless of the patient's ability to pay.
Source.
2008, 156:2, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:7 - Aid to Local or Regional Development Organizations.

162-A:7 Aid to Local or Regional Development Organizations. –
I. The authority may expend or loan money upon such terms and conditions as prescribed by the authority to acquire, develop, redevelop, construct, renovate, or expand real or personal property for business use. No expenditure or loan shall be made by the authority under this section unless it is with the approval of, or in cooperation with, a local development organization.
II. Prior to the expenditure or loan of any money under this section, the authority shall enter into one or more agreements with such organization to provide for the conditions on which the expenditures or loans will be made, the terms of repayment of such expenditure or loan, the time and manner of such repayment, conditions under which the property is to be used by or leased to one or more businesses, the form and amount of security if any, to be pledged to the authority for such repayment, and such other provisions as the authority may determine are necessary or desirable. Repayment of any expenditure or loan made by the authority may be with or without interest and may take the form of cash, real or personal property, or services.
III. Any property acquired, developed, redeveloped, constructed, renovated, or expanded under this section may be leased by the authority or the local development organization, as appropriate, for business use, and under such terms and conditions as they shall deem appropriate. Any such lease may include options of the lessee to purchase the property, provided that the purchase price upon the exercise of any such option shall not be less than the amount necessary to reimburse the authority, with interest if applicable, for any unpaid balance of expenditures made by the authority for such property. Any lease shall obligate the lessee to pay all costs and expenses of upkeep, maintenance and operation of the property during the lease term.
IV. The authority shall not expend or loan any money or make a binding commitment to spend any money for a particular project under this section unless after a hearing the governor and council have made the findings specified in RSA 162-A:18.
Source.
1992, 262:3. 1993, 335:5, eff. June 29, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:7-b - Annual Grants to Regional Economic Development Corporations.

[RSA 162-A:7-b repealed by 2023, 79:593, effective June 30, 2033.]
162-A:7-b Annual Grants to Regional Economic Development Corporations. –
The sum of $200,000 is hereby appropriated annually to the authority for the purpose of providing equal grants to regional economic development corporations in furtherance of the objectives set forth in RSA 162-A:1. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Funds appropriated to the authority under this section shall be excluded from the repayment provisions of RSA 162-A:30.
Source.
2023, 79:592, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:9 - Temporary Loans to Business.

162-A:9 Temporary Loans to Business. –
I. The authority may lend money to businesses for any project. Any such loan shall be on such terms and conditions as prescribed by the authority and shall be evidenced by a promissory note given by the business to the authority. In addition, prior to making any loan, the authority and the business shall enter into a loan agreement specifying the terms and conditions of the loan. Any loan agreement shall specify the terms of repayment of the loan, provide for the payment of an appropriate interest rate, and obligate the business to pay all the costs and expenses of upkeep, maintenance, and operation of the project being financed. A loan agreement may also provide such terms and conditions as the authority shall deem necessary or desirable, including, without limitation, provisions requiring that collateral be pledged to secure the loan, restrictions on the use of loan proceeds, restrictions on the use and operation of any project financed or assisted by the loan, controls on the requisition of loan proceeds, appropriate events of default, provisions for payment to the authority of origination fees, late charges and additional interest on overdue payments of principal, interest or other charges, appropriate financial covenants, and provisions for the establishment of reserves for the project or the loan.
II. Any loan made under this section shall meet the following minimum requirements:
(a) The total principal amount of any loan or loans made to one borrower under this section shall not exceed $2,000,000.
(b) The final maturity date of any loan or loans, including renewals, shall not be later than the later of 3 years from the date the loan is made or one year after the project was placed in service.
III. The authority shall not make any loan or enter into any loan agreement under this section unless after a hearing the governor and council have made the findings specified in RSA 162-A:18.
Source.
1992, 262:3. 1995, 128:4, eff. May 19, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:9-a - Energy Conservation Loan Program.

162-A:9-a Energy Conservation Loan Program. –
I. The authority shall establish an energy conservation loan program to encourage small businesses and agricultural entities to improve energy efficiency, particularly through the adoption of conservation and cogeneration initiatives. Pursuant to the terms and conditions for loan guarantees under RSA 162-A:8 and for temporary loans under RSA 162-A:9, the authority shall provide loan guarantees and direct loans to small businesses and agricultural entities for energy efficiency improvements.
II. The authority shall not make any loan or enter into any loan agreement under this section unless, after a hearing, the governor and council have made the findings specified in RSA 162-A:18.
Source.
2006, 159:1, eff. July 21, 2006.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:11 - Guarantee Fund Established.

162-A:11 Guarantee Fund Established. –
In order to provide additional security to the state for any loan guarantees made under RSA 162-A:8, RSA 162-A:10, or RSA 162-A:13, there is hereby established a loan guarantee reserve fund, which shall be held by the authority apart from all of its other funds, and which shall be deemed irrevocably pledged to secure all loans guaranteed under RSA 162-A:8, RSA 162-A:10, III, or RSA 162-A:13. Whenever a loan guarantee is awarded under RSA 162-A:8, RSA 162-A:10, III, or RSA 162-A:13 the authority, the borrower, the lending financial institution, the local development organization, the purchaser of the loans, or any appropriate combination of them shall deposit in such fund an amount equal to not less than 10 percent of the guaranteed portion of the principal of the loan or loans. If a state guarantee is called upon to be honored, the authority, upon direction of its treasurer or assistant treasurer, shall draw upon such fund for the purpose of honoring such guarantee, and only when amounts in the fund are exhausted shall the governor be called upon to draw a warrant pursuant to RSA 162-A:8, II, RSA 162-A:10, III, or RSA 162-A:13, II. Interest earned on amounts invested in the fund shall be accumulated therein or paid to the authority upon its direction. If earnings are paid to the authority, they may be used by the authority for any of its purposes. If at any time the amount in the fund exceeds 10 percent of the guaranteed portion of the principal of all loans guaranteed under this section, or such higher amount as may be determined by the authority, the authority may withdraw the excess. Any loan guaranteed under this chapter shall be a permitted investment in this fund. The authority may enter into such trust agreements, depository agreements, or other arrangements with one or more state banks in order to carry out the purposes of this section.
Source.
1992, 262:3. 1997, 329:6, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:14 - Agreements Commercially Reasonable.

162-A:14 Agreements Commercially Reasonable. –
Any agreements entered into by the state or the authority under this chapter shall be deemed to be on commercially reasonable terms.
Source.
1992, 262:3, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:16 - Eligible Investments.

162-A:16 Eligible Investments. –
Bonds issued under the provisions of this chapter are hereby made securities in which all public officers, agencies and authorities of the state and of its political subdivisions, insurance companies, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency, authority or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is now or may hereafter be authorized by law.
Source.
1992, 262:3, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:19 - Hearings.

162-A:19 Hearings. –
I. Promptly after the beginning of each calendar year the authority shall conduct a public hearing regarding the use of any available contingent credit limit under RSA 162-A:22 and regarding the allocation of such available contingent credit limit among uses authorized by this chapter. Such hearing may be held before a hearing officer appointed by the authority who shall make a report of the hearing to the board before any final action is taken by the authority that uses a portion of the contingent credit limit.
II. Promptly after the beginning of each calendar year, before the authority makes its first assignment of state ceiling under RSA 162-M, the authority shall conduct a public hearing regarding the use of state ceiling by the authority for that year. Such hearing may be held before a hearing officer appointed by the authority who shall make a report of the hearing to the board before the authority assigns any state ceiling under RSA 162-M:2, III.
III. Any hearing required to be held by the governor and council under this chapter may be held by a single councilor as their designee, who shall make a report of the hearing to the governor and council prior to the making of any findings.
IV. Any hearings held under this chapter shall be for the information of the governor and council or the authority and shall not be treated as determining the rights, duties, or privileges of any entity or person. Neither the authority nor the governor and council shall be required to conduct adjudicative proceedings under RSA 541-A:31-36 in connection with any action taken under this chapter.
V. The authority shall hold the first hearings under RSA 162-A:19, I and II at the beginning of calendar year 1993.
Source.
1992, 262:3. 1994, 412:19. 1995, 128:17, eff. May 19, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:20 - Meetings.

162-A:20 Meetings. –
The authority shall hold its meetings in a building that is accessible to persons with disabilities. Six voting members of the board shall constitute a quorum, and the affirmative vote of a majority of members in attendance at a meeting shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the power of a quorum to exercise all rights and perform all duties of the authority. Notwithstanding RSA 91-A or any other law to the contrary, members of the board shall be permitted to participate in meetings by telephone, provided that any board member so participating shall be able to be heard by and to hear every other member of the board participating in the meeting, and, unless the board is meeting in a nonpublic session as permitted by RSA 91-A:3, shall be able to be heard by all members of the public attending the meeting. Voting members of the board participating by telephone shall be treated as present at the meeting for all purposes, including the establishment of a quorum. Any meeting at which one or more board members are participating by telephone shall be recorded verbatim by magnetic tape or otherwise, and such recording shall be made available for public inspection to the same extent as minutes of the meeting, provided that the accidental destruction of a recording or the accidental failure to record any meeting shall not invalidate any action taken at that meeting.
Source.
1992, 262:3. 1997, 329:11, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:21 - Revenues and Expenses of Authority.

162-A:21 Revenues and Expenses of Authority. –
The revenues received by and due to the authority from any and all sources under this chapter and RSA 162-I shall be retained by the authority and shall be used in such manner as may be determined by the authority consistent with the provisions of this chapter. The authority may expend said funds in connection with transactions and projects consummated or reasonably expected to be consummated under the provisions of this chapter and RSA 162-I as it shall determine in its sole discretion. It is the intent of the legislature that the authority be self-funding and that payment of its operating expenses shall not require state appropriation.
Source.
1992, 262:3. 1993, 335:12, eff. June 29, 1993.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:21-a - Administration of Additional Funds Received by the Authority.

162-A:21-a Administration of Additional Funds Received by the Authority. –
The authority may receive funds from any source in accordance with a public or private program, provided that such program shall have as a principal function the promotion, encouragement, or development of economic activity. The authority shall administer, loan, advance, or otherwise utilize such funds in such manner as may be determined by the authority in its sole discretion consistent with the provisions of this chapter.
Source.
1995, 128:9, eff. May 19, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:22 - Unified Contingent Credit Limit.

162-A:22 Unified Contingent Credit Limit. –
The total amount of state guarantees in force under RSA 162-A:7-a, RSA 162-A:8, RSA 162-A:10, III, RSA 162-A:13, RSA 162-A:13-a, RSA 162-A:17, and RSA 162-I:9-b shall not exceed in the aggregate at any time $50,000,000 plus interest, provided that such amount shall be increased to $80,000,000 plus interest on January 1, 1993, to $95,000,000 plus interest on January 1, 1994, and to $115,000,000 plus interest on May 1, 2015, and to $200,000,000 plus interest on June 1, 2023.
Source.
1992, 262:3. 1993, 335:14. 2000, 10:4, eff. July 1, 2000. 2015, 47:1, eff. May 21, 2015. 2019, 346:163, eff. July 1, 2019. 2023, 79:263, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:23 - Reports.

162-A:23 Reports. –
The accounts of the authority shall be subject to an annual audit performed by an independent certified public accountant selected by the authority. The authority shall submit annually to the speaker of the house of representatives, the president of the senate, the senate clerk, the house clerk, the state library, the committee on commerce, small business, consumer affairs and economic development of the house of representatives, the committee on economic development of the senate, and the governor and council a report on its operations and its audited financial statements for the preceding fiscal year.
Source.
1992, 262:3. 1995, 9:19, eff. June 11, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:23-a - Reports on Economic Development Programs.

162-A:23-a Reports on Economic Development Programs. –
I. The authority shall include, as part of its annual report or as a separate report published and made available to the public annually on or before September 1, beginning September 1, 1997, the following information regarding each economic development program funded, bonded, or guaranteed by the authority:
(a) Information regarding the number of jobs to be created or saved and the related wages and benefits levels.
(b) The growth potential of the program.
(c) The environmental impact of the program.
(d) The amount of the loan, grant, loan guarantee, bond guarantee, or tax incentives awarded.
II. The annual report shall also include information regarding the criteria for the awarding of economic development assistance and the means by which the authority tracks the progress which each awardee makes in meeting the job, wage, and benefit projections included in its application for assistance.
Source.
1996, 189:4, eff. Aug. 2, 1996.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:24 - Tax Exemption and Payment for Services in Lieu of Taxes.

162-A:24 Tax Exemption and Payment for Services in Lieu of Taxes. –
Any property while owned by the authority is declared to be public property and shall be exempt from all taxes and special assessments of the state or any political subdivision of the state. In lieu of such taxes and special assessments, the state or the political subdivision shall require any business that is a tenant, occupant or user of the property to make payments annually to the municipality in which the property is located, for its just share of the public expense, including, but not limited to, education, highway maintenance, fire and police protection and other similar public expenses and governmental services. The board of tax and land appeals shall determine, after a hearing, that the payments constitute a just share of the public expense.
Source.
1992, 262:3, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:25 - Construction and Effect of Other Laws.

162-A:25 Construction and Effect of Other Laws. –
I. The powers conferred by this chapter are supplemental and alternative to other powers conferred by law, and this chapter is intended as an independent and comprehensive conferral of powers to accomplish the purposes set forth in RSA 162-A:1.
II. No notice, hearing, proceedings or approval shall be required with respect to any action taken under this chapter except as provided in this chapter.
III. Purchases and contracts required in connection with a project may be made or let without regard to any provision of law relating to public purchases or contracts.
IV. The provisions of this chapter shall be liberally construed in order to effect its purposes.
V. If any provision of this chapter shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
VI. This chapter shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this chapter, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
VII. [Repealed.]
VIII. Neither the members of the board nor any officer or employee of the authority shall be personally liable in ordinary negligence by reason of the issuance of bonds under this chapter or RSA 162-I. The state shall indemnify a board member or officer or employee of the authority for expenses related to defense against an ordinary negligence action. Neither the state nor the authority nor any officer or employee of either of them shall be subject to any liability for actions taken to protect the interests of the state, the authority, or any owner of the authority's bonds, provided that such actions are not reckless or wanton.
Source.
1992, 262:3. 1997, 329:18, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:26 - Conflicts of Interest.

162-A:26 Conflicts of Interest. –
Any person or entity acting as an independent contractor for the authority shall avoid any conflict of interest. No person or entity employed or retained by the authority as an independent contractor shall, while so employed or retained, represent any interest before the authority other than those of the authority and the state. Any independent contractor who acts in a manner contrary to this section shall be dismissed by the authority unless such independent contractor takes prompt steps to eliminate any conflict of interest after receipt of notice from the authority that such a conflict exists. Nothing in this section shall prevent the authority from requiring any borrower to pay or reimburse the authority for the fees and expenses of any independent contractor in connection with the borrower obtaining assistance from the authority. Notwithstanding anything in this section to the contrary, an independent contractor may, with the written consent of the authority, represent a party other than the authority in connection with the issuance of bonds under RSA 162-I, provided the principal amount of the bond issue is not greater than $20,000,000.
Source.
1992, 262:3, eff. May 15, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:27 - False Statements Made to Business Finance Authority.

162-A:27 False Statements Made to Business Finance Authority. –
The authority may order, after hearing upon its own motion or upon complaint, that a person or entity shall be prohibited from applying to the authority for any guarantee, loan, or other credit enhancement under this chapter if the authority determines that such person or entity knowingly made a false statement, or knowingly misrepresented or failed to state a material fact necessary in order to make a statement not misleading in light of the circumstances under which the statement was made, in any document or other presentation submitted to the authority.
Source.
1995, 128:10, eff. May 19, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:28 - Exemption From Administrative Procedure Act and Rulemaking Authority.

162-A:28 Exemption From Administrative Procedure Act and Rulemaking Authority. –
The authority shall be exempt from the provisions of RSA 541-A and may adopt rules in accordance with its own procedures to facilitate, implement, and carry out the powers, duties, and purposes of the authority enumerated in this chapter and such other and additional powers and purposes as shall be conferred upon it by the legislature. The authority shall file in the office of legislative services a copy of all existing rules adopted by the authority. Any rule adopted after the effective date of this section or any amendment or repeal of any existing rule shall be filed in the office of legislative services within 7 days of such adoption, amendment, or repeal.
Source.
1997, 329:12, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:29 - Relation to Other Agencies.

162-A:29 Relation to Other Agencies. –
The financial and administrative operations of the authority shall be exempt from the rules of any department, commission, board, bureau, or agency of the state except to the extent and in the manner provided in this chapter.
Source.
1997, 329:12, eff. Oct. 1, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 162-A - Business Finance Authority › Section 162-A:30 - Authorization to Accept State Money.

162-A:30 Authorization to Accept State Money. –
The authority is authorized to accept such moneys as may be appropriated from time to time by the legislature for carrying out its corporate purpose. The authority shall repay the state all sums which are appropriated to the authority for organizational purposes in 5 annual installments, beginning with the fifth year after the receipt of such funds.
Source.
1997, 329:12, eff. Oct. 1, 1997.