reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:90 - Stockholders.

228:90 Stockholders. –
Whenever a common carrier by rail organized under the laws of this state shall issue (1) additional shares of its capital stock having unconditionally the general right to vote or (2) securities convertible into shares of such capital stock, it shall, except as hereinafter provided, first offer such shares or convertible securities proportionately to holders of its stock having such voting right in such manner as shall have been determined by its directors; provided, however, that if the charter, articles of agreement or stockholder votes authorizing the outstanding stock have limited or eliminated the rights of holders of such outstanding stock to subscribe to such shares or convertible securities, such offer need not be made, except to the extent, if any, required by said charter, articles of agreement or votes.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:91 - Stockholders' Liability.

228:91 Stockholders' Liability. –
Whenever a common carrier by rail incorporated under the laws of this state shall apply to the department for authority to issue any stock requiring the approval of the department, the stockholders shall not become individually liable for debts and contracts of the corporation under RSA 296:30, if the amount of stock which the department authorized the corporation to issue upon any such application is paid in and a certificate of the treasurer and a majority of the directors to that effect is executed, filed and recorded in the manner provided by RSA 296:30 within 90 days after the filing in the office of the secretary of state of the order of the department authorizing the issue of such stock; provided that, in cases where such stock is an increase of prior capital, the whole amount of the prior capital as theretofore fixed and limited by the corporation, or so much thereof as the stockholders have voted to issue, or as the department has authorized to be issued, has also been paid in and that the certificate so filed by the treasurer and directors shows that fact.
Source.
1985, 402:14.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:92 - Exclusions.

228:92 Exclusions. –
I. Any common carrier by rail which is subject to the provisions of 49 U.S.C. section 11301 shall be subject to the provisions of RSA 228:82 but shall not be subject to any of the other provisions of this subdivision.
II. Any common carrier which is subject to RSA 359-T or RSA 376 shall not be subject to the provisions of this subdivision.
Source.
1985, 402:14. 2013, 100:8, eff. Aug. 23, 2013. 2022, 14:4, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:98 - Statement of Purpose.

228:98 Statement of Purpose. –
The purpose of this subdivision is to enable New Hampshire to respond to the planning and improvement objectives of the federal Intermodal Surface Transportation Efficiency Act, as amended.
Source.
1994, 283:1, eff. July 1, 1994.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:100 - Governor's Advisory Commission on Intermodal Transportation (GACIT) Established.

228:100 Governor's Advisory Commission on Intermodal Transportation (GACIT) Established. –
There is established a governor's advisory commission on intermodal transportation. The members of the commission shall include the members of the executive council. The commissioner of the department of transportation shall serve as a nonvoting member of the commission.
Source.
1994, 283:1, eff. July 1, 1994. 2012, 193:6, eff. June 11, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:101 - Definitions.

228:101 Definitions. –
In this subdivision:
I. "Intermodal transportation" means the movement of passengers from one mode of transport to another.
II. "Park and ride facility" means parking lots and related facilities, including terminals, intended for use by commuters, persons engaged in intermodal transportation, and persons sharing a motor vehicle by carpooling or vanpooling.
Source.
2008, 210:1, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:102 - Power to Operate Facilities.

228:102 Power to Operate Facilities. –
The commissioner shall have the power to establish, operate, maintain, and improve park and ride facilities that are part of the state highway system and to ascertain what further facilities, improvements, or parking fees may be necessary for the efficient operation of the park and ride facilities and the economic well-being of the state. When appropriate the commissioner shall consult with transportation operators on site.
Source.
2008, 210:1, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:103 - Restricted Use of Park and Ride Facilities.

228:103 Restricted Use of Park and Ride Facilities. –
I. Park and ride facilities are intended for the short-term use of motorists using carpools, vanpools, public transportation, or intermodal transportation.
II. The commissioner may control and manage park and ride facilities to ensure that the intended uses have priority over any other use. The commissioner may delegate authority under this paragraph to an entity with which the commissioner contracts to operate such a facility.
Source.
2008, 210:1, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:104 - Removal and Disposition of Abandoned or Illegally Located Vehicles and Other Devices.

228:104 Removal and Disposition of Abandoned or Illegally Located Vehicles and Other Devices. –
I. No person shall park or otherwise leave any vehicle, trailer, equipment, or other device at a park and ride facility in violation of any official sign regulating parking at the facility.
II. The commissioner may remove, tow, impound, and dispose of, or arrange for or order the removal, towing, impoundment, or disposal of vehicles, trailers, equipment, or other devices abandoned at a park and ride facility or parked or located in violation of paragraph I, or for any reason set forth in RSA 262:32. Each vehicle, trailer, equipment, and other device removed, towed, or impounded by or on behalf of the commissioner or the commissioner's designee shall be stored at a secure location until it is claimed by the person lawfully entitled to possession of the vehicle.
III. The commissioner may contract with an entity or entities to enforce the provisions of paragraph II, and may allow the entity to assess reasonable towing, storage, and other related fees.
IV. Notwithstanding the provisions of RSA 259:4-a, or any other provision of law, the commissioner may enforce RSA 262:31 through RSA 262:40-c relative to the removal and impoundment of abandoned vehicles.
(a) The commissioner of transportation or the commissioner's designee shall have any power, duty, or responsibility assigned to the commissioner of safety or a head of a law enforcement agency under RSA 262:31 through RSA 262:40-c.
(b) A designated employee of the department of transportation, or of an entity under contract with the department of transportation, shall have any power, duty, or responsibility assigned to an "authorized official" under RSA 262:31 through RSA 262:40-c.
Source.
2008, 210:1, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:105 - Authority to Enter Into Agreements.

228:105 Authority to Enter Into Agreements. –
The commissioner may enter into agreements with federal, state, or local agencies or other entities to assist with the planning, construction, maintenance, and management of park and ride facilities.
Source.
2008, 210:1, eff. Aug. 15, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:107 - Public-Private Partnership Infrastructure Oversight Commission Established.

228:107 Public-Private Partnership Infrastructure Oversight Commission Established. –
There is established a public-private partnership transportation infrastructure oversight commission to consider and recommend to the commissioner of transportation projects that may be suitable for delivery using design-build-finance-operate-maintain or design-build-operate-maintain services. The commission shall act as an advisory board during the execution of a public-private partnership project, supporting the department in the development of a request for proposals and in the preparation of agreements for public-private partnership projects.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:108 - Membership.

228:108 Membership. –
I. The commission established in RSA 228:107 shall have the following members: 2 members who shall reside in different geographic regions of the state, to be appointed by the governor for terms of 2 years; 2 members to be appointed by the president of the senate for terms of 2 years; 2 members to be appointed by the speaker of the house of representatives for terms of 2 years; and one member to be appointed by the state treasurer, who shall not be an employee of the state treasurer, for a term of 2 years. The commissioner, or designee, shall serve as a non voting member of the commission.
II. Each member of the commission shall be an expert with experience in the fields of transportation law, public policy, public finance, management consulting, transportation, or organizational change; provided that one of the members appointed by the governor shall be an expert in the field of public finance, and one member appointed by the governor shall be an expert in the field of transportation. The governor shall appoint a chairperson from among the members. The members may be eligible for reappointment; however, no member shall serve for more than 3 terms.
III. No person shall be appointed a voting member of the commission who is registered or was registered within the prior one-year period with the secretary of state as a lobbyist under RSA 15; no voting member shall have been a member or employee of the general court or an employee of the executive branch for a period of 6 months prior to his or her appointment; and no member shall have been employed by an organization that has business before the commission, for a period of at least one year prior to his or her appointment.
IV. The commissioner shall call the first meeting within 90 days of the effective date of this section.
V. Members of the commission shall receive mileage at the state employee rate when attending to the duties of the commission.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:109 - Duties.

228:109 Duties. –
I. The commission shall:
(a) Establish a general framework for public-private partnership contracts that establishes a process for the submission and evaluation of all such projects and provides a format and forms to enable the bidder to comply with the requirements including terms and conditions.
(b) Provide for the submission of unsolicited proposals, including setting qualification criteria for unsolicited proposals and establishing a process for evaluating unsolicited proposals.
(c) Provide a method and structure for using public advisors for strategic planning, proposal evaluations, and project monitoring and utilize public professionals on a case-by-case basis.
(d) Perform an analysis to determine whether a project is suitable for a public-private partnership whenever the department notifies the commission of its intent to pursue a public-private partnership contract.
(e) Hold a minimum of 2 publicly noticed hearings per project to establish whether public-private partnership is the appropriate procurement method. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
(f) Make recommendations to the commissioner, subject to the approval of the governor and council and the capital project overview committee, concerning the use of public-private partnerships for certain projects.
(g) Upon approval of the governor and council and the capital project overview committee, the commission shall support the department in the development of a request for proposals.
(h) Provide criteria for qualifications to bid per project, including but not limited to, adequate equipment to perform, financial stability, and proven record on projects of this type.
(i) Assure that any public-private partnership agreement is advanced in accordance with the department's design, permitting, and right of way acquisition process and complies with all federal and state design criteria.
(j) Estimate the costs associated with hiring qualified private and public support personnel to advance and oversee any public-private partnership contract.
(k) Hold a minimum of one publicly noticed hearing per project to solicit public feedback concerning the draft request for proposals. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
II. Once the commission is satisfied that the request for proposals is complete, governor and council approval shall be obtained before it is released by the department.
Source.
2016, 276:3, eff. Aug. 15, 2016. 2023, 192:4, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:110 - Procedure.

228:110 Procedure. –
Whenever the department notifies the commission that it is contemplating the use of a public-private partnership contract for design-build-finance-operate-maintain or design-build-operate-maintain services, the department shall submit a written request to the commission for its consideration. The commission shall provide an initial written response to the request to consider a public-private partnership contract within 15 days. No request for proposals shall be issued by the department for a public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services without the commission's written recommendation and concurrence by governor and council of both the procurement method and content of the request for proposals.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:111 - Commission Report.

228:111 Commission Report. –
The commission shall issue the following reports:
I. Within 6 months of the first meeting of the commission a copy of the framework establishing the process for the submission and evaluation of public-private partnership projects shall be provided to the chairpersons of the public works and highways committee and the senate transportation committee and the governor and council. The framework shall include the process for the submission of both solicited and unsolicited proposals and a process for evaluating such proposals. It shall also include how public advisors may be utilized for planning, evaluating, and monitoring of projects.
II. Annually thereafter, a report on the work of the commission shall be provided to the individuals listed in paragraph I, including but not limited to, the number of projects reviewed, the recommendations for such projects, and the number of requests for proposals being developed.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:112 - Project Reports.

228:112 Project Reports. –
I. For each request to establish a public-private partnership contract for design-build-finance-operate-maintain or design-build-operate-maintain services, the commission shall report on issues surrounding the project including, but not limited to:
(a) The impact on current state employees.
(b) The policy and regulatory structure for overseeing a privately operated transportation facility and ongoing legislative oversight.
(c) Issues of taxation, profit-sharing, and resolution of new revenue producing ideas.
(d) Advertising and marketing.
(e) Use of new technologies.
(f) Lease terms and termination clauses.
(g) Additional responsibilities by both the private infrastructure operator and the state during the lease period.
(h) The financial valuation of the state transportation facility.
(i) Issues of public concern.
(j) The anticipated advantages of entering into the anticipated public-private agreement for design-build-finance-operate-maintain or design-build-operate-maintain services.
II. The report shall be delivered within 30 days of the commission's recommendation concerning the use of design-build-finance-operate-maintain or design-build-operate-maintain services to the chairpersons of the public works and highways committee and the senate transportation committee and the governor and council.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:113 - Contributions from Other States.

228:113 Contributions from Other States. –
When a project involves one or more other states, the commissioner may receive and accept capital contributions and funding from such other states and may approve the transfer of support personnel and experts.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:114 - State and Federal Funding.

228:114 State and Federal Funding. –
Any public-private partnership projects shall be approved as part of the state 10-year transportation improvement program in accordance with RSA 240.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:115 - Liability Insurance.

228:115 Liability Insurance. –
Any contract for public-private design-build-finance-operate-maintain or design-build-operate-maintain services shall provide for securing and maintaining a liability insurance policy for contractors and engineers in the design phase of a project which shall be limited to 10 percent of the cost of such project. A certificate of liability compliance shall be included in the bid. Any such contract shall require a bond under RSA 447:16 for the design-build and bonds, letters of credit, or other forms of security for the operations and maintenance phases of the project.
Source.
2016, 276:3, eff. Aug. 15, 2016.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:116 - Coastal Risk and Hazards Preparedness.

228:116 Coastal Risk and Hazards Preparedness. –
If abandonment of any state highway is considered because of sea-level rise, storm surge, and extreme precipitation events, or in anticipation of such events as projected by the Coastal Risk and Hazards Commission final report, "Preparing New Hampshire for Projected Storm Surge, Sea-Level Rise, and Extreme Precipitation," and subsequent science and technical advisory panel reports under RSA 483-B:22, the department of transportation shall coordinate procedures with affected municipalities, the Rockingham planning commission, the Strafford regional planning commission, the department of business and economic affairs, and with business, real estate, tourism, and other affected economic interests. The process shall also consider mitigation policies and potential funding for owners of affected properties served by such roadways and projected impacts to the environment and natural and cultural resources. The final approval for such projects and related funding shall be through the 10-year plan process and shall be included in the 10-year plan.
Source.
2019, 318:6, eff. Oct. 2, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:1 - Title; Definitions.

228-A:1 Title;  Definitions. –
This chapter may be referred to as the "Federal Highway Anticipation Bond Act." For purposes of this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings:
I. "Bonds" means any bonds, notes, or other evidences of indebtedness issued under this chapter.
II. "Federal highway construction program" means the state's federally assisted highway program, as it may be provided for from time to time, including without limitation, projects financed by the issuance of bonds under this chapter or any other federal highway project previously undertaken or to be undertaken at any time hereafter while any such bonds are outstanding as part of such program.
III. "Federal highway construction trust funds" means all federal highway construction reimbursements and any other federal highway assistance received from time to time by the state with respect to the federal highway construction program, or received from time to time by the state under any successor program established under federal law.
IV. "Project costs" means all the costs of constructing, reconstructing, altering, or dismantling any highway eligible to receive federal funds in accordance with RSA 235:7 or any other applicable federal or state law, and, without limiting the generality of the foregoing, may include the costs of planning, designing, constructing, reconstructing, altering, dismantling, and landscaping any such highway and all approaches, bridges, and roads connecting thereto or connecting parts thereof, of all lands, property rights, rights-of-way, easements, and franchises necessary or convenient for such construction, of all machinery and equipment, and of traffic estimates, administration, engineering, architectural and legal services, labor, plans, specifications, surveys, and estimates of costs and revenues, financing charges, interest prior to or during construction, and all such other expenses as may be necessary or incident to the financing and construction of such highway and the placing of the same fully in operation, and may include the funding of reserves for debt service and other expenses as may be determined in a bond resolution or trust or security agreement adopted or entered into pursuant to this chapter.
V. "Revenues" means all federal aid for highways received by the state pursuant to Title 23 of the United States Code and all other federal laws, heretofore or hereafter enacted, relating to federal aid for highways and all rights to receive the same, and any grants, loans, and other contributions from any governmental unit relating thereto or to projects financed, in whole or in part, pursuant to this chapter, investment earnings, and the proceeds of any borrowing hereunder or of any sale or disposition or insurance of any highway assets of the state.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:2 - Issuance of Revenue Bonds.

228-A:2 Issuance of Revenue Bonds. –
The state may issue bonds under this chapter to be known as "federal highway grant anticipation bonds." The bonds may be issued from time to time for the purpose of financing project costs related to the widening of Interstate 93 from Manchester to the Massachusetts border and any other federally aided highway project hereafter authorized by the general court to be financed under this chapter. Bonds issued hereunder shall be special obligations of the state and the principal of, premium, if any, and interest on all bonds shall be payable solely from the particular funds provided therefor under this chapter. The issuing of bonds shall be contingent upon the availability of sufficient anticipated federal aid over the term of the bonds. The bonds shall be issued by the treasurer in such amounts as the fiscal committee of the general court and the governor and council shall determine, and shall not exceed $490,000,000. Debt service for federal highway grant anticipation bonds (GARVEE bonds) for the projects shall be paid from a portion of future federal funds. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate, or other method as may be determined by the treasurer, and shall mature at such time or times as may be determined by the treasurer, except that no bond shall mature more than 15 years from the date of its issue. Bonds may be made redeemable before maturity either at the option of the state or at the option of the holder, or on the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the treasurer prior to the issue of bonds. The treasurer shall determine the form and details of bonds. Subject to RSA 93-A, the bonds shall be signed by the treasurer and countersigned by the governor. The bonds may be sold in such manner, either at public or private sale, for such price, including above or below par value, at such rate or rates of interest, or at such discount in lieu of interest, as the treasurer may determine.
Source.
2005, 58:1, eff. July 1, 2005. 2010, 231:13, eff. June 28, 2010. 2012, 193:16, eff. June 11, 2012. 2014, 326:2, eff. Aug. 1, 2014. 2016, 324:2, eff. June 24, 2016. 2020, 33:23, eff. July 24, 2020.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:3 - Trust or Security Agreement or Resolution.

228-A:3 Trust or Security Agreement or Resolution. –
I. Any bonds issued under this chapter may be secured by a resolution or by a trust or security agreement between the state and a corporate trustee or by a trust or security agreement directly between the state and the purchasers of the bonds. Any corporate trustee that is a party to such resolution or trust or security agreement may be any trust company or bank having the powers of a trust company within or without the state. Any such resolution or trust or security agreement shall be in such form and executed in such manner as may be determined by the treasurer, with the approval of the governor and council. Such trust or security agreement or resolution may pledge or assign, in whole or in part, the revenues, as defined in RSA 228-A:1, held or to be received by the state and any contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the state, and any proceeds thereof. Such trust or security agreement or resolution may contain such provisions for protecting and enforcing the rights, security, and remedies of the bondholders as may, in the discretion of the treasurer, be reasonable and proper and not in violation of law. Without limiting the generality of the foregoing, such agreement or resolution may include:
(a) Provisions defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities, and
(b) Covenants setting forth the duties of, and limitations on, the state in relation to:
(1) The custody, safeguarding, investment and application of moneys;
(2) The issue of additional or refunding bonds;
(3) The use of any surplus bond proceeds;
(4) The establishment of reserves;
(5) The construction and operation of any highway or project related thereto;
(6) Any contracts relating thereto; and
(7) Subsequent amendments of such provisions and contracts.
II. It shall be lawful for any bank or trust company to act as a depository or trustee of the proceeds of bonds, revenues, or other moneys under a trust or security agreement or resolution. It shall be lawful for any bank or trust company to furnish such indemnification or to pledge such securities and issue such letters or lines of credit or other credit facilities as may be required by the state acting under this chapter. Any such trust or security agreement or resolution may set forth the rights and remedies of bondholders and of the trustee and may restrict the individual right of action by bondholders.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:4 - Credit Facilities and Insurance.

228-A:4 Credit Facilities and Insurance. –
Any bonds issued under authority of this chapter may be issued pursuant to lines of credit or other banking arrangements under such terms and conditions not inconsistent with this chapter, and under such agreements with the purchasers or makers thereof, as the treasurer may determine to be in the best interests of the state. In addition to other security provided herein or otherwise by law, bonds issued by the state under this chapter may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the state by any bank, trust company, or other financial institution, within or without the state, and the state may pledge or assign any of the revenues as security for the reimbursement by the state to the issuers of such letters or lines of credit, insurance, or credit facilities of any payments made thereunder.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:5 - Pledge of Revenues or Other Property.

228-A:5 Pledge of Revenues or Other Property. –
Any pledge of revenues or other property made by the state under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and other laws from the time when the pledge is made; the revenues, moneys, rights, and proceeds so pledged and then held or thereafter acquired or received by the state shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of such pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the state, irrespective of whether such parties have notice thereof. No such revenues may be used in a manner inconsistent with the pledge. Neither the resolution, any trust or security agreement, nor any other agreement by which a pledge is created need be filed or recorded except in the records of the secretary of state and no filing need be made under RSA 382-A.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:6 - Enforcement of Rights.

228-A:6 Enforcement of Rights. –
Any owner of a bond issued under the provisions of this chapter and any trustee under a trust or security agreement or resolution securing the same, except to the extent the rights given in this section may be restricted by such agreement or resolution, may bring suit upon the bonds and may, either at law or in equity, by suit, action, mandamus, or other proceeding for legal or equitable relief, protect and enforce any and all rights under the laws of the state or granted hereunder, or under such trust or security agreement or resolution, and may enforce and compel the performance of all duties required by this chapter or by such agreement or resolution, to be performed by the state or by any officer thereof.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:7 - Refunding Bonds.

228-A:7 Refunding Bonds. –
The treasurer, when authorized by the governor and council, may issue refunding bonds for the purpose of paying any bonds issued under the provisions of this chapter at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at such times prior to the maturity or redemption of the bonds being refunded as the treasurer may determine. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other expenses from the proceeds of such refunding bonds as may be required by a trust or security agreement or resolution securing the bonds. The authorization and issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the state in respect to the same shall be governed by the provisions of this chapter relating to the issue of the bonds other than refunding bonds insofar as the same may be applicable.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:8 - Bonds Not General Obligations.

228-A:8 Bonds Not General Obligations. –
Except as provided in the following sentence, bonds issued under the provisions of this chapter shall not be general obligations of the state for which its full faith and credit is pledged, nor shall they be payable out of any funds other than the funds provided therefor in this chapter, nor shall they be deemed debt of the state in determining its borrowing capacity under any applicable law. Notwithstanding the foregoing, the general court may from time to time authorize the use of any other funds of the state to pay any portion of bonds issued under the provisions of this chapter.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:9 - Separate Funds.

228-A:9 Separate Funds. –
Any debt service fund, construction fund, debt service reserve fund, or other fund established in connection with the issuance of bonds under this chapter shall be kept separate from other moneys of the state. The moneys deposited in any such funds, together with income derived from any investments held as part of such funds, shall be expended without further authorization or appropriation as provided for in the trust or security agreement or resolution establishing such funds.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:10 - Trust Funds.

228-A:10 Trust Funds. –
All moneys received pursuant to the provisions of this chapter, whether as proceeds from the issue of bonds, as revenues, or otherwise, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. All such trust funds shall be deposited, upon receipt, into the federal highway grant anticipation bond trust fund, which is hereby established as a subaccount of the highway fund. In order to increase the marketability of any bonds issued by the state pursuant to this chapter at the lowest possible cost to the state, all federal highway construction trust funds, any other funds hereafter appropriated to the federal highway grant anticipation bond trust fund and investment earnings on funds held or credited to the federal highway grant anticipation bond trust fund or on the proceeds of any bonds issued pursuant to this chapter and secured by the federal highway grant anticipation bond trust fund are hereby impressed with a trust for the benefit of the owners from time to time of such bonds. Such funds may be applied by the state, without appropriation, solely for the purposes of paying the principal or purchase price of, redemption premium, if any, and interest on such bonds in the fiscal year in which such funds are received, or in any subsequent fiscal year, as such amounts come due or may be paid or deemed paid prior to maturity in accordance with their terms and further satisfying the terms of any trust or security agreement or resolution entered into in accordance with RSA 228-A:3 or credit facility entered into in accordance with RSA 228-A:4. Such payments with respect to the bonds may include, without limitation, the payment of any fees and expenses related to the bonds, maintaining reserves, if any, under any trust or security agreement or resolution or credit facility and paying reimbursement amounts in respect of any credit facility.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:11 - Investment of Funds.

228-A:11 Investment of Funds. –
Moneys in any fund or account created under the provisions of this chapter, subject to the terms and provisions of any trust or security agreement or resolution applicable thereto, may be invested in accordance with RSA 6:7 and RSA 6:8. Except as otherwise provided by any such trust or security agreement or resolution, obligations so purchased as an investment of moneys in said fund or account shall be deemed at all times to be a part of said fund or account, and the interest thereon and any profit arising on the sale thereof shall be credited to said fund or account, and any loss resulting on the sale thereof shall be charged to said fund or account, respectively.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:12 - Agreement With Bondholders.

228-A:12 Agreement With Bondholders. –
The state pledges to and agrees with the holders of bonds issued under this chapter that until such bonds, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged, or unless expressly permitted or otherwise authorized by the terms of each contract and agreement made or entered into by or on behalf of the state with or for the benefit of such holders, the state shall:
I. Carry out and perform, or cause to be carried out and performed, each and every promise, covenant, agreement, or contract made or entered into by the state or on its behalf by or under the provisions of this chapter and on its behalf to be performed; and
II. Not issue any bonds, notes, or other evidences of indebtedness, other than federal highway grant anticipation bonds, having any rights secured by any pledge of or other lien or charge on the revenues or any moneys or securities paid or to be paid to or held or to be held by the state or the treasurer hereunder, and shall not create or cause to be created any lien or charge on the revenues, any such moneys or securities, other than a lien and pledge thereon created by or pursuant to the provisions of this chapter; provided that nothing in this section shall prevent the state from issuing evidences of indebtedness which:
(a) Are secured by a pledge or lien which is and shall on the face of said evidences of indebtedness be expressed to be subordinate and junior in all respects to every lien and pledge created by or pursuant to the provisions of this chapter;
(b) Pledge the full faith and credit of the state and which are not expressly secured by any specific lien or charge on revenues or any such moneys or securities; or
(c) Are secured by a pledge of or lien on moneys or funds to be derived on and after such date as every pledge or lien thereon created by or pursuant to the provisions of this chapter shall be discharged and satisfied; and
III. Not divert federal highway construction trust funds from the purposes identified herein except as provided in the trust or security agreement or resolution or credit facility relating thereto nor shall the trusts with which they are hereby impressed be broken, and the pledge and dedication in trust of such funds shall continue unimpaired or unabrogated.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:13 - Prior Covenants and Contracts Not Affected.

228-A:13 Prior Covenants and Contracts Not Affected. –
The provisions of this chapter shall not in any way limit, restrict, or alter the obligation or powers of the state to carry out and perform in every detail each and every promise, covenant, agreement, or contract made or entered into, prior to the enactment of this chapter, or limit, restrict, or alter the powers, rights, authority, duties, or obligations of the treasurer or the commissioner of transportation or any other officer of the state to do and perform each and every act or thing required on the part of the state or any such officer to be done or performed by any such promise, covenant, agreement, or contract.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:14 - Tax Exemption.

228-A:14 Tax Exemption. –
Bonds issued under this chapter, their transfer and income therefrom, including any profit made on the sale or transfer thereof, shall at all times be exempt from all taxation by or within the state.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:15 - Investment Securities.

228-A:15 Investment Securities. –
Notwithstanding any of the provisions of this chapter or any recitals in any bonds issued under this chapter, all such bonds shall be deemed to be investment securities under RSA 382-A.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:16 - Eligible Investments.

228-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 of any political subdivision is now or may hereafter be authorized by law.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228-A - Federal Highway Grant Anticipation Bonds › Section 228-A:17 - Construction and Effect of Other Laws.

228-A:17 Construction and Effect of Other Laws. –
I. The provisions of this chapter shall be deemed to provide an additional and alternative method for the effectuation of the purposes of this chapter and shall be construed to be supplemental to, and not in derogation of, powers otherwise conferred by law; provided, however, that insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, administrative order or rule, or any limitation imposed by the state, the provisions of this chapter shall be controlling.
II. The provisions of this chapter are severable, and if any provision hereof shall be held invalid in any circumstances, such invalidity shall not affect or impair any other provisions or circumstances.
III. 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.
IV. This chapter shall be liberally construed to effect the purposes thereof.
Source.
2005, 58:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 229 - Highway System in the State › Section 229:1 - Highways Defined.

229:1 Highways Defined. –
Highways are only such as are laid out in the mode prescribed therefor by statute, or roads which have been constructed for or are currently used for motor vehicle, bicycle, or pedestrian public travel over land which has been conveyed to a city or town or to the state by deed of a fee or easement interest, or roads which have been dedicated to the public use and accepted by the city or town in which such roads are located, or roads which have been used as such for public travel, other than travel to and from a toll bridge or ferry, for 20 years prior to January 1, 1968, and shall include the bridges thereon. Highway does not include any bridge, trail, or path intended for use by off highway recreational vehicles, as defined in RSA 215-A:1, or snowmobiles, as defined in RSA 215-C:1.
Source.
RS 53:7. CS 57:7. GS 68:8. GL 74:8. PS 67:1. PL 74:1. RL 90:1. 1943, 57:1. 1945, 188:1, part 1:1. RSA 230:1. 1967, 283:1. 1981, 87:1, eff. April 20, 1981. 2017, 156:123, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 229 - Highway System in the State › Section 229:2 - Primary Highway System.

229:2 Primary Highway System. –
There shall be a system of highways known as the "Primary State Highways System" which shall consist of all existing or proposed highways designated on a map entitled "Primary State Highway System, 1945," prepared by the commissioner and filed in the office of the secretary of state.
Source.
1945, 188:1, part 1:2. RSA 230:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 229 - Highway System in the State › Section 229:3 - Turnpikes and System of Interstate and Defense Highways.

229:3 Turnpikes and System of Interstate and Defense Highways. –
The turnpikes, as established by RSA 237, and the approved national system of interstate and defense highways, shall be a part of the primary state highway system.
Source.
RSA 230:2-a. 1961, 4:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 229 - Highway System in the State › Section 229:4 - Secondary System.

229:4 Secondary System. –
There shall be a system of highways known as the "Secondary State Highway System" which shall consist of all existing or proposed highways designated on a map entitled "Secondary State Highway System, 1945," prepared by the commissioner and filed in the office of the secretary of state.
Source.
1945, 188:1, part 1:3. RSA 230:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 229 - Highway System in the State › Section 229:6 - Roads Laid Out by Courts of Common Pleas or County Commissioners.

229:6 Roads Laid Out by Courts of Common Pleas or County Commissioners. –
All roads laid out by the courts of common pleas or the county commissioners, which have not been maintained by them for at least 20 years, are town-owned rights-of-way and are legally subject to the actions of the town's legislative body.
Source.
1997, 78:1, eff. Aug. 2, 1997.