reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:17 - Supply Contracts.

38:17 Supply Contracts. –
Any such municipality may contract to supply electricity, gas, or water to individuals, corporations, other municipalities, or any person for any of the purposes named or contemplated in this chapter, and make such contracts, and establish such regulations and such reasonable rates for the use thereof, as may from time to time be authorized by the commission.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:18 - Commissioners.

38:18 Commissioners. –
For the more convenient management of any such electric, gas, or water works system, any such municipality may vest the construction, management, control, and direction of the same in a board of commissioners to consist of 3 or more citizens of such municipality, the commissioners to have such powers and duties as the municipality may prescribe. Their term of office shall be for 3 years and until their successors are elected and qualified. The first board of commissioners may be chosen for terms of one, 2, and 3 years, respectively, by the legal voters of the municipality at any legal meeting or election at which the provisions of this chapter are accepted, or at any special meeting or election thereafter called for that purpose, and their successors shall be elected at each annual meeting or election thereafter in the manner or form as the municipality may determine.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:19 - Appointment.

38:19 Appointment. –
The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, or by the commissioners of the district if the municipality fails to elect or votes to allow appointments.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:20 - Compensation and Organization.

38:20 Compensation and Organization. –
The compensation of the commissioners shall be fixed by the municipality. They shall be sworn to the faithful discharge of their duties. They shall annually organize by choosing one of their number as chairperson of their board. They shall appoint a clerk and a superintendent of the works and such other officers as they may deem necessary, and shall thereupon furnish a certificate of such organization to the clerk of the municipality, who shall record the same in the clerk's records. The commissioners shall fix the compensation of all officers and agents appointed by them, and all officers and agents shall be sworn to the faithful discharge of their duties.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:21 - Reports.

38:21 Reports. –
The commissioners shall annually, at the time other city, town, or district officers report, make a report to the municipality of the condition of the plant financially and otherwise, showing the funds of the department, the expenses and income of the department, and all other material facts. This report shall be published in the annual report of the municipality.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:23 - Security Deposits from Tenants.

38:23 Security Deposits from Tenants. –
Notwithstanding any other provision of law, any public utility, including any municipal corporation, providing electricity or gas services other than for resale to a customer who is not the owner of the premises serviced by the utility and who has a separate electric or gas meter, for the premises serviced, may obtain a security deposit from the customer only, and shall not obtain a security deposit from the owner of the premises. The owner of the premises shall not be liable for the failure of a tenant to pay the utility bill when such tenant's premises has a separate meter, and the utility shall not have any lien on the property of the landlord under RSA 38:22 for the tenant's failure to pay the utility bill.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:24 - Effect on City Charters.

38:24 Effect on City Charters. –
Nothing contained in this chapter shall affect, alter or change the provisions of any city charter with respect to the management, control, and direction of electric, gas, or water works.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:25 - Water Control.

38:25 Water Control. –
Any municipality which shall have received an order from the department of environmental services under the provisions of RSA 147, 485 or 485-A shall proceed forthwith, after a majority vote in favor of such action, by the governing body, to acquire whatever easements and lands as are necessary to comply with the order and may enter upon, for the purpose of survey leading to land description, any land within the municipality. In so proceeding, the selectmen of the town, commissioners of the district, county commissioners, or mayor and aldermen of a city shall institute any necessary land taking in accordance with the provisions of RSA 38:15 and RSA 38:16, and anything contained in RSA 231 or in the statutes generally notwithstanding, the decision of the officials authorized by this section to institute proceedings shall not be vacated and any subsequent appeal or other action by the owner or owners shall be based solely on the amount of damages assessed, and the duly authorized agents of the municipality shall have full right of immediate entry for the purposes of detailed surveys, borings, or the conduct of any and all other actions necessary or desirable to aid the municipality in the implementation of the order of the department.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:25-a - Village District Hearings.

38:25-a Village District Hearings. –
Prior to authorizing the expansion of a franchise area of a water company owned or operated by a water village district, the public utilities commission shall, after notice, hold a public hearing in each town or city in which the village district is located, at which it shall hear testimony and receive evidence from any interested party.
Source.
2002, 174:1, eff. May 15, 2002.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:26 - Bylaws and Ordinances.

38:26 Bylaws and Ordinances. –
I. In municipalities with public water systems the governing body, or the board of water commissioners, if any, may adopt such ordinances and bylaws relating to the system or structures as required for proper maintenance and operation.
II. Any person who violates any ordinance or bylaw adopted pursuant to paragraph I of this section shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:27 - Assessment for Water Supply.

38:27 Assessment for Water Supply. –
The governing body, or board of water commissioners if any, may assess upon the persons who are served by the water system, or whose lands receive special benefit from the water system, their just share of the expense of constructing, acquiring, and operating the system or paying any capital debt or interest incurred for the system.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:28 - Water Rates.

38:28 Water Rates. –
For the defraying of the cost of acquisition, construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of water systems, or construction, enlargement, or improvement of such systems, the governing body, or the board of water commissioners, if any, may establish a scale of rates to be called water rates, may prescribe the manner in which and the time at which such rates are to be paid and may change such scale from time to time as may be deemed advisable. The amount of such rates may be based upon the consumption of water on the premises connected to the water system, or the number of persons served on the premises, or upon some other equitable basis.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:30 - Protection of Water Supply.

38:30 Protection of Water Supply. –
Any municipality or municipal water company supplying water to the public for domestic use shall have the power to take by the exercise of the right of eminent domain any property needed to protect the purity of the water so supplied, upon petition to the superior court or in the case of a village district to the board of selectmen of the town or towns within which the district is situated and proceedings thereon as in case of a petition for the laying out of a highway.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:31 - Discontinuance of Service.

38:31 Discontinuance of Service. –
I. Notwithstanding any other provision of law to the contrary, except as provided in paragraph V of this section, no municipal water company shall disconnect service to a customer if any part of the service provided accrues to the benefit of one or more parties known by company to be residential tenants, unless the company gives written notice to the tenants. Such notice shall set forth:
(a) The date on or after which the company proposes to disconnect service.
(b) A statement that the reason for disconnection is a dispute between the company and the landlord.
(c) A statement that the tenant should contact the landlord for more information.
(d) An address and telephone at which the tenant may contact the utility in order to make arrangements to maintain service.
II. A municipal water company shall refrain from terminating service to the affected premises if so requested by the tenant, provided that the tenant agrees to be responsible for service provided as of the date of the tenant's request. However, the water company may continue to list the landlord's past due balance on the tenant's bill, and the lien created pursuant to RSA 38:22 shall include any past due charges which accrue after the company begins billing the tenant. The utility shall provide direct service to the person requesting it on terms and conditions applicable to all residential customers. Such service may include other charges, such as sewer and fire protection service, if customarily included with water service billing.
III. Immediately upon learning that a tenant has been disconnected without the notice required in paragraph I, the water company shall reconnect service and may charge a reasonable reconnection fee which may be added to the existing arrearage.
IV. The notice required by paragraph I shall be provided to the tenant no less than 7 days in advance of the proposed disconnection, by posting a conspicuously lettered notice on the main entrance door to each building in which service is being terminated. In addition, the company shall post the notice on a back door or side door to which the company has reasonable access, or in a common area of each building. The company, at its option, may notify the tenants in the affected property by mail rather than by posting.
V. The notice to tenants required by paragraph I of this section shall not be required when necessary to avoid danger to life or property, and upon the order of a duly constituted public authority such as police, firefighters, public health officer, and building inspectors.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:32 - Exemption for Municipal Small Scale Power Facility.

38:32 Exemption for Municipal Small Scale Power Facility. –
Except in municipalities which have acquired, expanded, or established a plant under this chapter, the development by a municipality of any small scale power facility, as defined in RSA 374-D:1, IV shall not be subject to the provisions of this chapter. Nothing in this section shall be construed as exempting municipalities from the provisions of this chapter with respect to the acquisition of a utility plant and equipment if there exists a dispute between the municipality and the utility.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:33 - Consequential Damages.

38:33 Consequential Damages. –
In matters over which the Federal Energy Regulatory Commission does not have jurisdiction, or has jurisdiction but chooses to grant jurisdiction to the state, the commission shall determine, to a just and reasonable extent, the consequential damages such as stranded investment in generation, storage, or supply arrangements resulting from the purchase of plant and property from a utility and shall establish an appropriate recovery mechanism for such damages. The commission need not make such a determination when the municipality and utility agree upon the sale of utility plant and property.
Source.
1997, 206:1, eff. July 1, 1997. 2000, 164:3, eff. May 23, 2000.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:34 - Unbundling Rates and Open Access.

38:34 Unbundling Rates and Open Access. –
Municipal electric utilities established after July 1, 1997, shall unbundle their rates and allow for open access to competitive retail electric supply markets as soon as retail electric competition is certified to exist anywhere in the state pursuant to RSA 38:36. Municipal electric utilities established prior to July 1, 1997, may voluntarily unbundle their rates and allow open access to competitive retail electric supply markets.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:35 - Financial Responsibility.

38:35 Financial Responsibility. –
I. Any retail electric customer located within a municipality that has established a municipal electric utility after July 1, 1997, but who is not within the service area of such utility, shall not be responsible for, and no entity may require the customer to pay, through taxes or otherwise, any costs associated with such utility except for electric power and services consumed directly by the municipality, and any electric power and services sold by the utility to the customer.
II. Any retail electric customer located within the service area of a municipal electric utility established after July 1, 1997, who does not purchase generation services by or acquired through such municipal electric utility, as allowed by RSA 38:34, shall not be responsible for, and no entity may require the customer to pay, through taxes or otherwise, any costs of generation services from such municipal electric utility, except for electric power consumed directly by the municipality. Nothing in this paragraph shall prevent any property owners or retail electric customers from signing contracts of any duration with such municipal electric utility after retail electric competition is certified to exist pursuant to RSA 38:36, and being bound by their terms, including damages for termination.
III. If any municipal electric utility acquires existing plant and equipment used for the generation of electric power, the municipal electric utility shall make payments in lieu of property taxes in the amount that the plant and equipment would have paid taxes if they had been owned by a private owner. Such payments in lieu of taxes shall be included in "costs of generation services" as provided in paragraph II.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:36 - Certification.

38:36 Certification. –
The chairman of the public utilities commission shall certify to the secretary of state the date that retail electric competition exists in each portion of the state.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:37 - Limitation on Purchase, Construction, or Operation of Certain Fossil Fuel Facilities.

38:37 Limitation on Purchase, Construction, or Operation of Certain Fossil Fuel Facilities. –
I. Except as provided in paragraph II, no municipal electric utility or municipality may, after July 1, 2000, purchase, construct, or operate any fossil fuel plants for the manufacture of electricity and sale to customers beyond the bounds of the municipality.
II. Following consultation with the department of environmental services to adequately address present and future environmental impacts, a municipality or a municipal electric utility may petition the department for specific permission for such acquisition, operation, or construction.
Source.
2000, 293:4, eff. June 21, 2000.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:38 - Broadband Access.

38:38 Broadband Access. –
I. In this subdivision:
(a) "Access tariff" means the fee charged on a monthly or annual basis to broadband providers for access to the broadband infrastructure.
(b) [Repealed.]
(c) "Broadband" means the transmission of information, between or among points specified by the user, with or without change in the form or content of the information as sent and received, at rates of transmission greater than or equal to 100 megabits per second download and 20 megabits per second upload or at rates of transmission defined by the Federal Communications Commission as a wireline advanced telecommunications capability as defined by section 706 of the Telecommunications Act of 1996, whichever rates of transmission are greater, irrespective of the network technology used.
(d) "Broadband provider" means any provider of broadband services, except aggregators of broadband services, as defined in section 226 of the 1996 Telecommunications Act.
(e) "Broadband infrastructure" means all equipment and facilities, including all changes, modifications, and expansions to existing facilities, as well as the customer premises equipment used to provide broadband, as defined in subparagraph (c), and any software integral to or related to the operations, support, facilitation, or interconnection of such equipment.
(f) "Broadband service" means the offering of broadband for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(g) "Open network" means any broadband infrastructure which is open to any third party users in a nondiscriminatory manner on a fair and equitable basis using publicly available access tariffs for services.
(h) "Open network interfaces" means the technical and operational means, manners, and methods for any third party access to the broadband infrastructure, which shall be provided on the basis of generally acceptable industry standards available at the time of access.
II. A municipality may use its broadband infrastructure for the purpose of providing an open network and assuring that third party access is available in accordance with current state and federal regulations.
III. If a broadband provider does not respond to a request for information issued pursuant to sections RSA 33:3-g, III and RSA 33:3-g, IV, the locations served by that broadband provider shall be considered unserved unless those locations are served by a broadband provider who responded to that municipality's request for information.
Source.
2006, 225:6, eff. July 31, 2006. 2018, 118:6, 8, July 29, 2018. 2020, 28:3, eff. Sept. 20, 2020. 2023, 173:2, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:39 - Broadband Access Tariffs.

38:39 Broadband Access Tariffs. –
For defraying the cost of acquisition, construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of broadband infrastructure, or the construction, enlargement, or improvement of such systems, the governing body may establish a scale of rates called access tariffs, may prescribe the manner and the time for the payment of such tariffs, and may change such tariffs when it deems advisable.
Source.
2006, 225:6, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:40 - Broadband Fund.

38:40 Broadband Fund. –
I. The funds received from the collection of access tariffs shall be kept as a separate fund to be known as the broadband fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for the purposes specified in RSA 33:3 and RSA 33-B.
II. Except when a capital reserve fund is established pursuant to paragraph III, all broadband funds shall be held in the custody of the municipal treasurer. Estimates of anticipated revenues and anticipated expenditures from the broadband fund shall be prepared and submitted to the governing body as a special warrant article as set forth in RSA 32, if applicable, and shall be included as part of the municipal budget submitted to the local legislative body for approval. Expenditures shall be within amounts appropriated by the local legislative body.
III. At the option of the local governing body, all or part of any surplus in the broadband fund may be placed in one or more capital reserve funds held in the custody of the trustees of trust funds pursuant to RSA 35:10. If such a reserve fund is created, then the governing body, may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body, but all such expenditures shall be reported to the municipality pursuant to RSA 38:41. This paragraph shall not be construed to prohibit the establishment of other capital reserve funds for any lawful purpose relating to broadband access.
Source.
2006, 225:6, eff. July 31, 2006. 2018, 118:7, eff. July 29, 2018.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:41 - Broadband Fund Report.

38:41 Broadband Fund Report. –
The governing body shall annually make a report of the broadband fund to the municipality showing the expenses and income of the fund, and all other material facts. This report shall be published in the annual report of the municipality.
Source.
2006, 225:6, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:1 - Authority Granted.

38-A:1 Authority Granted. –
Towns and cities are hereby authorized and empowered to incorporate a public authority for the purpose of acquiring, owning, and operating, or causing to be operated, a mass transportation system within such city or town. As used herein, the term "mass transportation system" means all real and personal property, of whatever nature, and rights used or useful for transportation of passengers for hire, except taxicabs and airport limousines.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:2 - Articles of Incorporation.

38-A:2 Articles of Incorporation. –
The incorporation of any such authority shall be accomplished by adoption of articles of incorporation by the city council, aldermen, town council, or selectmen, in the same manner and by the same procedure as such city or town enacts ordinances, except that no such articles of incorporation shall take effect until after a public hearing in relation thereto. Notice of the time and place of such hearing shall be published in a paper of general circulation in such town or city at least 30 days before such articles of incorporation shall become effective. Within 5 days after the effective date of such articles of incorporation, one printed copy thereof, certified as a "true copy" by the town or city clerk of such town or city, shall be filed with the secretary of state. The authority shall become operative at the time provided in the articles of incorporation.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:3 - Contents.

38-A:3 Contents. –
The articles of incorporation shall state the name of the authority, the purposes for which it is created, the power, duties, and limitations of the authority and its officers, the method of electing its governing body and officers, and any other matters which such city or town council, aldermen, or selectmen shall deem advisable, all of which shall be subject to the provisions of the constitution of the state of New Hampshire and of this chapter.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:4 - Governing and Administrative Bodies of the Authority.

38-A:4 Governing and Administrative Bodies of the Authority. –
The authority shall be composed of 5 members who shall be appointed by the board of aldermen, city council, or selectmen in such town or city as follows: One member to serve for a period of 5 years, one member to serve for a period of 4 years, one member to serve for a period of 3 years, one member to serve for a period of 2 years, and one member to serve for a period of one year. Each member shall serve for the term for which he is appointed and until his successor has been appointed and qualified. Members shall be eligible for reappointment. Beginning with the first appointment made due to expiration of term members shall be appointed to serve for a period of 5 years. Vacancies, whether occurring by expiration of term, by resignation, or for other cause shall be filled by the appropriate board of aldermen, city council, or board of selectmen. Appointment shall be for the unexpired term when made to fill vacancies created by cause other than expiration of term. If the officials who have the power and duty of appointment shall fail to fill any vacancy within 30 days following the creation thereof, then such vacancy may be filled by the remaining members of the authority.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:5 - Requirements; Compensation.

38-A:5 Requirements;  Compensation. –
Each member of the authority shall be, and shall hold office only so long as he is, a resident of and registered voter in the town or city in which the authority is located. Each member of the authority shall be reimbursed for actual necessary traveling and other expenses incurred by him in the performance of his duties, payable exclusively out of funds of the authority available therefor. No member of the authority shall be allowed any other fees, perquisites, or emoluments, reward or compensation for his services as a member of the authority.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:6 - Limitations.

38-A:6 Limitations. –
No person shall be eligible for membership who at the time of his appointment to such authority holds any remunerative public office or position or any employment for compensation (except as an independent contractor) with the United States, the state of New Hampshire, or any political subdivision of either.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:7 - Officers.

38-A:7 Officers. –
The authority shall appoint a chairman, who shall be a member of the authority, and shall appoint a secretary and treasurer. The authority may also appoint a vice chairman from its members, said vice chairman to act as chairman in the absence or inability of the chairman. The secretary may be a member of the authority. The treasurer shall not be a member of the authority. The authority may appoint a general manager, to hold office during the pleasure of the authority, and subject to the general control of the authority.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:8 - Bond of Treasurer.

38-A:8 Bond of Treasurer. –
The treasurer shall execute a bond with corporate sureties to be approved by the authority, which bond shall be payable to the authority in whatever penal sum may be directed by the authority conditioned upon the faithful performance of the duties of the office and the payment of all money received by him according to law and the orders of the authority.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:9 - Quorum.

38-A:9 Quorum. –
A majority of the members of the authority constitute a quorum for the transaction of business and all action of the authority shall be by a majority vote of its members.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:11 - Bonds.

38-A:11 Bonds. –
The revenue bonds of the authority shall, upon default in any payment of interest or principal, become a debt of the city or town in which the authority operates. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. Revenue bonds issued by the authority hereunder shall be authenticated and validated in accordance with the procedure set forth in RSA 33:11, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the authority.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:12 - Details.

38-A:12 Details. –
Bonds of the authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolutions, its trust indenture or mortgage may provide. In case any of the members or officers of the authority whose signatures appear on any bond or coupon shall cease to be such members or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes. All bonds may be signed on behalf of the authority by, or with the facsimile signatures of, such persons as at the actual date of such execution shall be the proper officers authorized by resolution of the authority to execute said bonds, notwithstanding the fact that on the day said bonds are dated, or on the date of the delivery thereof, any such person shall not have been such officer.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:13 - Obligations.

38-A:13 Obligations. –
Obligations of the authority other than certificates shall be payable from general funds of the authority and shall at no time be a charge against any special fund allocated to the payment of bonds except upon payment of current annual maturities and reserves thereof.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:14 - Bonds as Legal Investments.

38-A:14 Bonds as Legal Investments. –
Notwithstanding any restrictions on investments contained in any laws of this state, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any bonds or other obligations issued by the authority pursuant to this chapter, when such bonds or other obligations are secured by rentals or other monies to be paid by the United States of America or any department or agency thereof, and such bonds and other obligations shall be authorized security for all public deposits, it being the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this section shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:15 - Further Powers.

38-A:15 Further Powers. –
The authority may obligate itself for the payment of bonds and other debts incurred in the furtherance of its public purposes by the state of New Hampshire, or by any county, municipality, political subdivision or public corporation.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:16 - Powers.

38-A:16 Powers. –
The authority shall determine the time, form, and manner of the issuance of its bonds and the specific provisions for, and references to such time, form, and manner heretofore and hereinafter set forth in this chapter are illustrative of its powers and are not in limitation thereof. The authority may designate a bank or trust company, qualified to do business in this state, as a trustee for the authority and the holders of bonds issued hereunder, and may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:17 - Regulation of Fares by the Authority.

38-A:17 Regulation of Fares by the Authority. –
The authority may fix rates, fares, tolls, charges, rents or other charges for the use of the system acquired, constructed, operated, or maintained by the authority and may alter, change, or modify the same, all subject to the covenants of any revenue bond indenture pursuant to which revenue bonds have been issued and are outstanding which contains covenants entered into by the authority with respect to the fixing of such rates, fares, tolls, charges, and rents.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:18 - Contracts Made by the Authority.

38-A:18 Contracts Made by the Authority. –
I. The authority shall have the power to enter into contracts and agreements which it considers to be in the interests of its public purposes with any person or persons, with any public or quasi-public corporation with any state, and with the United States and any department or agency thereof. It shall have power (here stated in illustration and not in limitation of its power), to enter into agreements for the joint use of any property and rights by the authority and by any public utility operating any transportation facilities; to enter into agreements with any public utility operating any transportation facilities either within or without the metropolitan area for the joint use of any property of the authority or public utility, or the establishment of through routes, joint fares and transfer of passengers; and to enter into agreements with any person, or public corporation or quasi-public corporation for the maintenance, servicing, storage, operation or use of any transit facility, property or equipment on such basis as shall seem to the authority consonant with its public purposes.
II. The authority may make contracts, leases and agreements with any department or agency of the United States of America or of the state of New Hampshire, or with any person or municipality or labor union, and may generally perform all acts necessary for the full exercise of the powers vested in it. The authority may acquire rolling stock or other property under conditional sales contracts, leases, equipment, trust certificates, or any other form of contract or trust agreement. Contracts may be let by an officer or employee of the authority or by the superintending corporation in such manner as may be authorized from time to time by the authority. Any revenue bond indenture may provide limitations upon the exercise of the powers stated in this section and such limitations shall apply so long as any of the revenue bonds issued pursuant to such indenture are outstanding and unpaid.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:19 - Public Utilities Commission.

38-A:19 Public Utilities Commission. –
The authority shall not be subject to regulation by the New Hampshire public utilities commission except that such authority may not conduct its operations beyond the city or town limits in which it is located without the approval of the public utilities commission pursuant to procedure provided by the statute and regulations covering said commission pertaining to similar service by other common carriers operating under the jurisdiction of said commission.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:20 - Tax Exemption.

38-A:20 Tax Exemption. –
The policy of the state of New Hampshire being to foster and insure, by means of an authority created for the purpose, the development of a mass rapid transit system in aid of a municipality faced with the necessity of a publicly sponsored solution of transit needs within its limits, all property owned or operated by any authority created hereunder shall be exempt from all taxes, fees, or other charges levied by the state of New Hampshire and all of its political subdivisions and taxing districts, and such authority shall likewise be required to pay no taxes or assessments upon its activities or upon any of its revenues.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-A - Municipal Transit Authority › Section 38-A:21 - Constitutional Construction and Legislative Intent.

38-A:21 Constitutional Construction and Legislative Intent. –
The provisions of this chapter are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling.
Source.
1963, 278:1, eff. Sept. 1, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:1 - Authority Granted.

38-B:1 Authority Granted. –
Cities and towns are hereby authorized to join to establish a regional transit district, by vote of the local legislative body.
Source.
1996, 6:2, eff. May 19, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:2 - Establishment of District.

38-B:2 Establishment of District. –
I. Before the establishment of a regional transit district is put to the local legislative body, the regional planning commission or metropolitan planning organization having jurisdiction shall make a recommendation on forming a district. Following the recommendation, the selectmen or mayor of each municipality intending to join shall present to the next annual or special town meeting, city council meeting, or board of aldermen meeting the following question: "Shall the city/town of __________ accept the provisions of RSA 38-B providing for the establishment of a regional transit district, together with the towns/cities of __________ , and the operation of a regional public transit system by the district?" If a majority of the local legislative body voting on the question shall vote in the affirmative, the municipality shall join the proposed regional transit district.
II. If some but not all of the towns and cities voting on the question in paragraph I vote in the affirmative, the district may be established representing those municipal jurisdictions voting in the affirmative.
Source.
1996, 6:2, eff. May 19, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:3 - Regional Transit District Board.

38-B:3 Regional Transit District Board. –
The affairs of the regional transit district shall be governed by a regional transit district board. Following the initial vote of a city or town to join the district, the selectmen, town or city council, or board of aldermen of each member city or town shall appoint members to the board as follows: a municipality with a population over 50,000 shall be entitled to have 5 voting representatives; a municipality with a population over 25,000 but less than 50,000 shall be entitled to 4 voting representatives; a municipality with a population over 10,000 but less than 25,000 shall be entitled to 3 voting representatives; and municipalities with less than 10,000 in population shall be entitled to 2 voting representatives. The district board shall adopt bylaws governing board membership, terms of office, officers, and other issues of the structure and procedures of the board.
Source.
1996, 6:2, eff. May 19, 1996.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38-B - Regional Transit Districts › Section 38-B:4 - Powers and Duties.

38-B:4 Powers and Duties. –
A regional transit district established under this chapter shall be a body corporate and politic and shall have the following powers and duties:
I. To adopt a name and corporate seal.
II. To sue or be sued, but only to the extent and upon the same conditions that a city or town may be sued.
III. To purchase, hold, lease, or use real or personal property for the purposes of operating a public transit system, and to dispose of property by sale, lease, or other means.
IV. To accept gifts, grants, or loans of money or other property, and to enter into contracts or other transactions with any federal or state agency, or any other public entity.
V. To enter into contracts or agreements with public or private transportation operators or other entities for management or operation of public transit services.
VI. To adopt rules governing the operations and affairs of the district.
VII. To receive and disburse funds for district purposes.
VIII. To publish an annual report and annual financial statement.
IX. To fix equitable fares or charges for district services.
X. To employ officers and staff necessary to conduct the business of the district.
XI. To do all things necessary for the conduct of district business and the efficient operation of public transit services, consistent with the provisions of this chapter.
Source.
1996, 6:2, eff. May 19, 1996.