reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 159-E - Presidential Executive Orders and Statutory Law Relating to the Right to Keep and Bear Arms › Section 159-E:2 - Application.

159-E:2 Application. –
In light of the long-standing practice of cooperation between federal, state, and local law enforcement agencies, nothing in this chapter shall prevent a state, county, or local official from cooperating with or rendering aid or assistance to federal officials in any circumstance where there is reasonable suspicion to believe that a person who is the subject of an investigation for violation of federal firearms law covered by RSA 159-E:1 also has committed, is committing, or is about to commit a violation of New Hampshire law or a violation of a federal law, regulation, order, or practice not covered by RSA 159-E:1. Nothing in this chapter shall prevent a state, county, or local official from providing authorized federal officials, upon their request, with official state, county, or local records that are available to the public or which constitute criminal history records maintained by an agency of state, county, or local government, or taking any other action necessary to fulfill or comply with the state's obligations under the National Crime Prevention and Privacy Compact approved and ratified in RSA 106-B:14, III, provided that the provisions of this chapter shall not provide for the distribution of information required to be destroyed pursuant to 18 U.S.C. section 922(t)(2)(C). Nothing in this chapter shall prohibit the judicial branch from entering protective order information into law enforcement databases.
Source.
2022, 258:1, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 159-E - Presidential Executive Orders and Statutory Law Relating to the Right to Keep and Bear Arms › Section 159-E:3 - Severability.

159-E:3 Severability. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Source.
2022, 258:1, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:1 - Definitions.

160-B:1 Definitions. –
As used in this chapter:
I. "Fireworks" means fireworks as defined in 27 C.F.R. section 555.11.
II. [Repealed.]
III. [Repealed.]
IV. "Commissioner" means the commissioner of the department of safety.
V. "Display" means the use, explosion, activation, ignition, discharge, firing or any other activity which is intended to cause or which causes a firework to do what it was manufactured to do.
V-a. [Repealed.]
V-b. [Repealed.]
V-c. [Repealed.]
VI. "Sale" or "sell" means to sell, give or transfer to another, with or without consideration.
VII. "Retail" means the sale to any consumer or person not engaged in the business of making sales of fireworks.
VIII. "Wholesale" means engaging in the business of making sales to any other person engaged in the business of making sales of fireworks. "Wholesale" shall not include any making of sales to consumers or persons not engaged in the business of making sales of fireworks. To constitute a wholesale sale a sale must be for a minimum amount of $1,000. This minimum may be increased by the commissioner by rule adopted pursuant to RSA 541-A.
IX. "Consumer fireworks" means consumer fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class C common fireworks.
X. "Display fireworks" means display fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class B special fireworks.
Source.
1991, 286:2. 1992, 44:1, 8 I. 1994, 123:1. 1996, 54:2, 3, 8. 1997, 177:1. 1998, 37:1. 1999, 69:1; 348:3, 4, 21, I-IV. 2011, 160:1, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:2 - Sale; Penalty.

160-B:2 Sale;  Penalty. –
I. No person shall sell fireworks other than a person who meets all of the following requirements:
(a) Has a federal permit to sell fireworks issued in accordance with title 18 of the United States Code.
(b) Has a state license to sell display and consumer fireworks issued pursuant to RSA 160-B:6.
(c) Has a local permit to sell display and consumer fireworks issued pursuant to RSA 160-B:6.
II. No person shall sell fireworks other than either:
(a) To a person who presents a certificate of competency issued pursuant to RSA 160-B:7 and RSA 158:9-f and leaves a copy of such certificate and who presents a permit to display issued pursuant to RSA 160-B:7 and leaves a copy of such permit; or
(b) To a person who possesses and shows a license for the storage of class B fireworks issued pursuant to RSA 158:9-f; or
(c) At wholesale to a person engaged in the sale of fireworks meeting all of the specifications in RSA 160-B:6, VII.
III. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Source.
1991, 286:2. 1999, 348:5, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:3 - Display; Penalty.

160-B:3 Display;  Penalty. –
I. No person shall display fireworks other than a person who meets all of the following requirements:
(a) Has obtained a certificate of competency issued pursuant to RSA 158:9-f which shall be in such person's possession at the time of display and which has not been revoked or suspended.
(b) Has obtained a municipal permit to display issued pursuant to RSA 160-B:7 which shall be in such person's possession and which has not been revoked or suspended.
II. Any person who violates the provisions of this section by displaying display fireworks shall be guilty of a misdemeanor.
III. Any person who violates the provisions of this section by displaying consumer common fireworks shall be guilty of a violation for a first offense and a misdemeanor for any subsequent offense.
Source.
1991, 286:2. 1998, 37:2. 1999, 348:6, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:4 - Possession; Penalty.

160-B:4 Possession;  Penalty. –
I. No person shall possess fireworks other than the following:
(a) A person who has in the person's possession a certificate of competency issued pursuant to RSA 158:9-f and a valid permit to display issued pursuant to RSA 160-B:7.
(b) A person who has a federal permit to sell display fireworks issued in accordance with title 18 of the United States Code, a state license issued pursuant to RSA 160-B:6, and a municipal permit issued in accordance with RSA 160-B:6, or an employee of such person. For the purposes of this subparagraph, "employee" shall be limited to a person who is reported as an employee for state and federal tax purposes and for unemployment compensation purposes.
(c) A common carrier which is in possession of a bill of lading indicating that fireworks are being shipped to or from a licensed and permitted seller or a person who has a certificate of competency and a permit to display.
(d) Any manufacturer or common carrier shipping fireworks in interstate commerce through the state of New Hampshire which are not being delivered or received in this state.
(e) A person who has a licensed facility for the storage of display fireworks pursuant to RSA 158:9-c.
II. Any person who violates the provisions of this section shall be guilty of a violation unless the person possesses with intent to sell, in which case such person shall be guilty of a misdemeanor.
Source.
1991, 286:2. 1998, 37:3, 4. 1999, 348:7, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:5 - Issuance of Permit; Penalty.

160-B:5 Issuance of Permit;  Penalty. –
I. No person shall issue a permit or license to display fireworks contrary to this chapter.
II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Source.
1991, 286:2, eff. Mar. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:7 - Requirements for Display of Fireworks.

160-B:7 Requirements for Display of Fireworks. –
I. The commissioner may issue a certificate of competency to display fireworks as provided in RSA 158:9-f to a person who meets the requirements established under that section.
II. Any municipality, fair association, amusement park or other organization may apply for a permit to display fireworks and shall include in the application the name of a person who has been issued a certificate of competency who shall be responsible for conducting the display and a copy of that individual's certificate.
III. The chief of police, licensing board, or governing body of the municipality, after an inspection has been conducted by the fire chief, may issue a permit to display fireworks. The permit shall specify the date on which the display is to be conducted and any other conditions that may be imposed.
IV. The display shall be of such a character, and so located and displayed, as in the opinion of the chief of the fire department or fire ward, after proper inspection, that it shall not be hazardous to property or endanger any person.
V. An application for a display permit shall be made in writing at least 15 days in advance of the date of the display. The town, city, or village district may charge a reasonable fee for a permit to display fireworks. No display permit granted under this section shall be transferable, and each display permit shall be valid for only one display to be held on the date permitted. If, in the opinion of the chief of the fire department, conditions deteriorate during the 15 days before the date for which such permit is granted so that a fire hazard exists, the chief may revoke the permit. At least 72 hours prior to the date of display, the operator of the display shall transmit a copy of the completed display permit, with proof of insurance for the display, approved by the town, city, or village district, to the department of safety.
Source.
1991, 286:2. 1998, 37:7. 2008, 192:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:8 - Rulemaking.

160-B:8 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A relative to:
I. The procedure and reasons for suspending or revoking a license issued pursuant to RSA 160-B:6.
II. Increasing the amount of sale necessary to constitute a wholesale sale, to account for inflation or other economic factors.
III. Expanding the definition of fireworks to cover any other devices used for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation which are not covered by the federal regulations governing display and consumer fireworks but which are deemed by the commissioner to constitute a threat to public safety.
IV. Insurance, bonding, or other evidence of financial responsibility to be required of any person licensed under this chapter.
V. Forms for applications and local permits to sell fireworks and forms for applications and local permits to display fireworks.
V-a. [Repealed.]
V-b. [Repealed.]
V-c. [Repealed.]
VI. All matters necessary to implement the provisions of RSA 160-B:12, relative to exceptions.
VII. Forms for applications and state licenses to sell fireworks.
VIII. Requirements for the safe use, handling, and storage of fireworks.
Source.
1991, 286:2. 1992, 44:3, 8, II. 1994, 123:3, 4. 1996, 54:1. 1999, 348:9, 10, 21, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:9 - Enforcement.

160-B:9 Enforcement. –
Upon application, the superior court or district court is authorized to permit the law enforcement officials or certified fire citation officers of the state, counties, or any city or town to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter. Nothing in this section shall be construed to restrict or limit any other authority granted by law to law enforcement officials or certified fire citation officers.
Source.
1991, 286:2. 1992, 44:4, eff. April 9, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:10 - Local Option.

160-B:10 Local Option. –
Any municipality in the state, by action of its local legislative body or local governing body, may vote to allow or to prohibit, within that municipality, the issuance of permits or licenses to the extent authorized under RSA 160-B:6 and 160-B:7. If the municipality has voted to prohibit the issuance of permits or the display of fireworks prior to March 1, 1992, such decision shall remain in effect unless subsequent action is taken under this section.
Source.
1991, 286:2. 1992, 44:5. 1999, 348:11, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:11 - Civil Liability.

160-B:11 Civil Liability. –
In addition to any other penalties imposed under this chapter, any person who violates the provisions of this chapter shall be liable, in any civil action, to any person for damages resulting from the illegal sale or use of fireworks, and neither assumption of risk nor contributory negligence shall be a defense for such violator.
Source.
1991, 286:2, eff. Mar. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:12 - Exceptions.

160-B:12 Exceptions. –
The commissioner may issue permits granting exceptions to the provisions of this chapter to persons who intend to use fireworks for agricultural, railroad, or military purposes, provided that the type of fireworks to be used are designed in such a way as to accomplish the purpose for which the permit is sought and provided that the person who applies for the exception has first received approval by the appropriate local official.
Source.
1991, 286:2, eff. Mar. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:13 - Appeal.

160-B:13 Appeal. –
Any person aggrieved by a decision of the commissioner pursuant to this chapter may appeal pursuant to RSA 541.
Source.
1991, 286:2, eff. Mar. 1, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:14 - Immediate Suspension Authority.

160-B:14 Immediate Suspension Authority. –
Notwithstanding any other provision of law to the contrary, the commissioner may immediately suspend a license issued pursuant to RSA 160-B:6 if the commissioner has evidence that the licensee is selling fireworks contrary to any of the provisions of RSA 160-B or any rules adopted under this chapter. Any person whose license is suspended pursuant to this section shall be given the opportunity for a hearing within 10 days of the suspension. Any person found to be selling fireworks after the person's license has been suspended pursuant to this section shall not have the license reinstated for a minimum of one year from the date of suspension.
Source.
1992, 44:6. 1998, 37:8, eff. May 5, 1998.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:15 - Advertising.

160-B:15 Advertising. –
I. No person shall advertise fireworks by means of radio, television, newspaper, flyer, catalog, billboard, mobile or stationary sign, or any other means in such a way as to confuse or mislead the public about:
(a) The conditions under which fireworks may be purchased.
(b) The conditions under which fireworks may be used.
(c) The requirements contained in RSA 160-B, RSA 160-C, or any other provision of state or federal law or regulations.
II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
III. [Repealed.]
Source.
1992, 44:6. 1999, 348:21, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:16 - Certain Sparklers Prohibited; Penalties.

160-B:16 Certain Sparklers Prohibited;  Penalties. –
I. Notwithstanding any law to the contrary, the sale, possession or display of class "C" sparklers or those sparklers consisting of a wire or stick which contain chlorates or perchlorates is prohibited.
II. Any person who sells or possesses with intent to sell class "C" sparklers or sparklers consisting of a wire or stick which contain chlorates or perchlorates shall be guilty of a misdemeanor.
III. Any person who displays or possesses without intent to sell class "C" sparklers or sparklers consisting of a wire or stick which contain chlorates or perchlorates shall be guilty of a violation.
Source.
1992, 44:6, eff. April 9, 1992.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:16-a - Repealed by 2011, 160:6, I, eff. June 14, 2011.

160-B:16-a Repealed by 2011, 160:6, I, eff. June 14, 2011. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:17 - to 160-B:19 Repealed by 1992, 44:8, III, eff. April 1, 1994.

160-B:17 to 160-B:19 Repealed by 1992, 44:8, III, eff. April 1, 1994. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:19-a - Emergency Removal From Sale or Use of Unsafe Devices.

160-B:19-a Emergency Removal From Sale or Use of Unsafe Devices. –
I. The commissioner may, upon the recommendation of the state fire marshal or the director of state police, prohibit the sale or use of any display or consumer fireworks that pose an imminent threat to life and property.
II. Upon notification by the commissioner or designee that a display or consumer firework is prohibited for sale or use, a person licensed to sell display or consumer fireworks shall remove the item from the sales area and shall not sell the item to any person.
III. Any person who sells a display or consumer firework after being notified by the commissioner or designee that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator's license for a minimum period of 30 consecutive days.
IV. Any person who uses a display or consumer firework after being notified by the commissioner or designee, or by a law enforcement officer or fire official that the item is prohibited for sale or use shall be guilty of a class A misdemeanor for the first offense and a class B felony for the second offense. In addition, the commissioner may revoke the violator's certificate of competency for a minimum period of 30 consecutive days.
V. Any license holder or certificate holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.
Source.
1999, 348:13, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-B - Fireworks › Section 160-B:20 - to 160-B:23 Repealed by 1999, 348:21, VII, eff. Jan. 21, 2000.

160-B:20 to 160-B:23 Repealed by 1999, 348:21, VII, eff. Jan. 21, 2000. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:1 - Definitions.

160-C:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of safety.
II. "Consumer fireworks" means consumer fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class C common fireworks.
III. "Display fireworks" means display fireworks as defined in 27 C.F.R. section 555.11 and formerly known as class B special fireworks.
IV. "Fireworks" means fireworks as defined in 27 C.F.R. section 555.11.
V. "Permissible fireworks" means consumer fireworks, except for those items that are prohibited pursuant to RSA 160-B:16.
VI. "Retail" means the sale to any consumer or person not engaged in the business of making sales of fireworks.
VII. "Sale" or "sell" means to sell, give, or transfer to another, with or without consideration.
Source.
1999, 348:14. 2010, 115:1. 2011, 160:1, 2, eff. June 14, 2011. 2017, 79:1, eff. June 2, 2017. 2018, 38:2, eff. May 15, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:2 - Sale of Permissible Fireworks; Penalty.

160-C:2 Sale of Permissible Fireworks;  Penalty. –
I. No person shall sell fireworks other than a person who meets all of the following requirements:
(a) Has a federal permit to sell display fireworks issued in accordance with Title 18 of the United States Code.
(b) Has a state license to sell permissible fireworks issued pursuant to RSA 160-C:3.
(c) Has a local permit to sell permissible fireworks issued pursuant to RSA 160-C:3.
II. No person shall sell permissible fireworks:
(a) To any person less than 21 years of age, unless the person is between 18 and 21 years of age and is on active duty with the United States armed forces or has been called to active service as a member of the state guard; or
(b) To any person who appears to be under the influence of alcohol or drugs.
III. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
Source.
1999, 348:14. 2009, 234:1, eff. July 16, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:4 - Rulemaking.

160-C:4 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A relative to:
I. The procedure and reasons for denying, suspending, or revoking an application or a license issued pursuant to RSA 160-C:3.
II. Insurance or other evidence of financial responsibility to be required of any person licensed under this chapter, except that no bonding requirement shall be imposed on retail sellers of permissible fireworks.
III. Forms for applications and local permits to sell permissible fireworks.
IV. Forms for applications and state licenses to sell permissible fireworks.
V. Requirements for the safe use, handling, and storage of permissible fireworks.
Source.
1999, 348:14. 2004, 247:5, eff. June 15, 2004.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:5 - Enforcement.

160-C:5 Enforcement. –
Upon application, the superior court or district court is authorized to permit the law enforcement officials or certified fire citation officers of the state, counties, or any city or town to seize, take, remove, or cause to be removed at the expense of the owner all stocks of permissible fireworks offered or exposed for sale, stored, or held in violation of this chapter. Nothing in this section shall be construed to restrict or limit any other authority granted by law to law enforcement officials or certified fire citation officers.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:6 - Local Option.

160-C:6 Local Option. –
Any municipality in the state, by action of its local legislative body or local governing body, may vote to allow or to prohibit, within that municipality, the issuance of permits or licenses to sell permissible fireworks or the display or possession of permissible fireworks. If the municipality has voted to prohibit the issuance of permits or licenses or the display or possession of permissible fireworks prior to the effective date of this section, such decision shall remain in effect unless subsequent action is taken under this section.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:7 - Civil Liability.

160-C:7 Civil Liability. –
In addition to any other penalties imposed under this chapter, any person who violates the provisions of this chapter shall be liable, in any civil action, to any person for damages resulting from the illegal sale or use of permissible fireworks, and neither assumption of risk nor contributory negligence shall be a defense for such violator.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:8 - Immediate Suspension Authority.

160-C:8 Immediate Suspension Authority. –
Notwithstanding any other provision of law to the contrary, the commissioner may immediately suspend a license issued pursuant to RSA 160-C:3 if the commissioner has evidence that the licensee is selling fireworks contrary to any of the provisions of RSA 160-C or any rules adopted under this chapter. Any person whose license is suspended pursuant to this section shall be given the opportunity for a hearing within 10 days of the suspension. Any person found to be selling permissible fireworks after the person's license has been suspended pursuant to this section shall not have the license reinstated for a minimum of one year from the date of suspension.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:9 - Advertising.

160-C:9 Advertising. –
I. No person shall advertise permissible fireworks by means of radio, television, newspaper, flyer, catalog, billboard, mobile or stationary sign, or any other means in such a way as to confuse or mislead the public about:
(a) The conditions under which fireworks may be purchased.
(b) The conditions under which fireworks may be used.
(c) The requirements contained in RSA 160-B, 160-C, or any other provision of state or federal law or regulations.
II. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
III. Any advertisement for the sale of permissible fireworks shall at a minimum contain the words: "Check with your local fire department to see if permissible fireworks are allowed in your community."
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:10 - Sales of Permissible Fireworks Allowed; Penalty.

160-C:10 Sales of Permissible Fireworks Allowed;  Penalty. –
I. Any person who sells permissible fireworks shall post in a conspicuous place on the sales premises a list, prepared by the commissioner, of all municipalities in the state where the display or possession of permissible fireworks is prohibited.
II, III. [Repealed.]
IV. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
Source.
1999, 348:14. 2011, 160:6, II, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:11 - Possession and Display of Permissible Fireworks; Penalty.

160-C:11 Possession and Display of Permissible Fireworks;  Penalty. –
I. Notwithstanding RSA 160-B:4, a person who is 21 years of age or older may possess permissible fireworks except in a municipality which has voted to prohibit possession pursuant to RSA 160-C:6. A person who is 21 years of age or older may display permissible fireworks on private property with the written consent of the owner or in the owner's presence, except in a municipality which has voted to prohibit display of permissible fireworks pursuant to RSA 160-C:6.
II. Any person who violates the provisions of this section shall be guilty of a violation if a natural person, or guilty of a class B misdemeanor if any other person.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:12 - Distribution of Pamphlet Required.

160-C:12 Distribution of Pamphlet Required. –
Any person engaged in selling permissible fireworks shall make available to the purchaser a pamphlet, approved by the commissioner, detailing the appropriate and safe use of the permissible fireworks being sold.
Source.
1999, 348:14. 2011, 160:3, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:12-a - Retail Sale of Bottle Rockets and Rocket Launchers.

160-C:12-a Retail Sale of Bottle Rockets and Rocket Launchers. –
I. No person shall purchase a bottle rocket unless the person also purchases a rocket launcher or enables the seller to verify that he or she has a rocket launcher appropriate for use with the bottle rocket being purchased.
II. In this section, "bottle rocket" means a bottle rocket as defined by the American Pyrotechnics Association in APA Standard 87-1 (2001) 3.1.2.1, as amended.
Source.
2018, 38:3, eff. May 15, 2018.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:13 - Permissible Fireworks Advisory Committee.

160-C:13 Permissible Fireworks Advisory Committee. –
I. There is hereby established a permissible fireworks advisory committee. The composition of this committee shall be as follows: one senator, appointed by the senate president; one representative, appointed by the speaker of the house of representatives; the state fire marshal, or designee; the director of the division of state police, or designee; and 3 public members, 2 of whom shall be engaged in the retail sale of consumer fireworks in New Hampshire and one of whom shall be a regular purchaser of consumer fireworks, appointed by the governor. No vote of the committee shall take place unless 3 members of the committee are present. The term of office of each member appointed by the governor shall be 2 years and until a successor is appointed and qualified. The other members of the committee shall serve terms coterminous with their terms in office. Vacancies shall be filled in the same manner for the unexpired terms. Members shall serve without compensation, except that the legislative members shall receive mileage at the legislative rate. The committee shall elect a chairperson annually.
II. The committee shall meet at least once per calendar year, prior to October 1, and within 30 days of any emergency removal from retail sale of permissible fireworks pursuant to RSA 160-C:16. The purpose of the meeting following the emergency removal of permissible fireworks shall be to review the basis for the commissioner's decision and to make a recommendation to the commissioner as to whether the items are properly classified pursuant to 27 C.F.R. section 555.11.
III. The committee shall review the rules and standards of the Consumer Product Safety Commission regarding consumer fireworks so as to provide information and advice to the commissioner on the application and enforcement of the state's fireworks laws.
IV. On or before December 1, 2011, and each December 1 thereafter the committee shall make a report of the committee's activities and any recommendations for legislation to the commissioner, the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, and the state library.
Source.
1999, 348:14. 2003, 6:1. 2004, 247:4. 2011, 160:4, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:14 - Transportation.

160-C:14 Transportation. –
It shall not be unlawful for a person who has legally purchased permissible fireworks to transport them from the point of purchase to a municipality that has not prohibited the possession of permissible fireworks pursuant to RSA 160-C:6.
Source.
1999, 348:14, eff. Jan. 21, 2000.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:15 - Repealed by 2011, 160:6, III, eff. June 14, 2011.

160-C:15 Repealed by 2011, 160:6, III, eff. June 14, 2011. –
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:16 - Emergency Removal From Retail Sale of Permissible Fireworks.

160-C:16 Emergency Removal From Retail Sale of Permissible Fireworks. –
I. (a) The commissioner may, upon the recommendation of the state fire marshal or the director of state police, at any time and with notice to the permissible fireworks advisory committee, suspend from retail sale or otherwise order the removal from retail sale of any permissible firework item that poses an imminent threat to life and property.
(b) The commissioner shall, within 15 days of action taken pursuant to this paragraph, file a report and request a finding from the federal Consumer Product Safety Commission, a determination on the legal status of the permissible consumer firework item being suspended or removed by the commissioner from retail sale.
(c) The commissioner's suspension or removal of any such firework items shall continue in force and effect until such time as a determination can be made and shall not supersede any finding by the Consumer Product Safety Commission pursuant to the commissioner's report and request.
II. Upon notification by the commissioner or designee that a permissible firework is prohibited from being sold, a person licensed to sell permissible fireworks shall remove the item from the public sales area and shall not sell the item to any person.
III. Any person who sells a permissible firework item after being notified by the commissioner or designee that the item is prohibited from being sold shall be guilty of a class B misdemeanor. In addition, the commissioner may revoke the violator's license for a minimum period of 10 consecutive days, but not to exceed 30 days. On the third violation of this section, the commissioner shall revoke the license for the remainder of the licensure term.
IV. Any license holder aggrieved by the action of the commissioner pursuant to this section may appeal pursuant to RSA 541.
Source.
1999, 348:14. 2011, 160:5, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 160-C - Permissible Fireworks › Section 160-C:17 - Fireworks Inspector.

160-C:17 Fireworks Inspector. –
There is hereby established in the office of the state fire marshal the full-time classified position of fireworks inspector. The fireworks inspector shall be under the direction and supervision of the state fire marshal and shall:
I. Inspect fireworks sales outlets.
I-a. Inspect sites and facilities for the display or storage of display fireworks, as defined in RSA 160-B:1, X.
I-b. Coordinate enforcement activities relative to illegal sales, including the disposal or proper storage of illegal fireworks.
II. [Repealed.]
III. [Repealed.]
IV. Develop an informational booklet on fireworks to be issued to police and fire agencies throughout the state.
V. Coordinate media releases and public education efforts concerning fireworks.
Source.
1999, 348:14. 2008, 192:2, 3. 2011, 160:6, IV, eff. June 14, 2011.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:2-a - Local Officials Authorized to be Issuing Agent for Food Stamps.

161:2-a Local Officials Authorized to be Issuing Agent for Food Stamps. –
Any town, city, or county official, so designated in a written agreement between the commissioner of the department of health and human services and the selectmen of a town, the city council of a city or the county commissioners of a county, may receive, store, issue and sell food stamps under the food stamp program established under RSA 161:2, XIII, as agent of the commissioner in the respective town, city or county, in accordance with and pursuant to the terms of said written agreement. Said designated official shall be bonded and insured as such agent in the manner and amount required by the commissioner, and the commissioner shall pay the cost thereof from funds appropriated for the administration of the food stamp program.
Source.
1975, 288:1. 1983, 291:1, II. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:2-b - Undeliverable Collections.

161:2-b Undeliverable Collections. –
Notwithstanding any other provision of law, any amount collected pursuant to RSA 161:2, XVI which is unclaimed or undeliverable to a recipient and which is in the opinion of the commissioner of health and human services unreturnable to the payor for a period of one year shall be deposited forthwith to the general fund as unrestricted revenue. In the event that such recipient or payor is later located and a claim is made, the commissioner of health and human services is hereby authorized to expend such sums as may be necessary to satisfy such claim and the governor is authorized to draw his warrant for such sums out of any money in the treasury not otherwise appropriated. The provisions of this section shall not be construed to require the commissioner of health and human services to return any sums collected to the payor if he is of the opinion that said sums should be retained for later disbursement to the recipient.
Source.
1981, 568:148. 1995, 310:176, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:5 - Destruction of Certain Records.

161:5 Destruction of Certain Records. –
The commissioner of the department of health and human services may destroy any reports, records and other documents in the department which in his opinion are no longer of any value to the state provided the records have been retained for a sufficient period of time to comply with federal regulations and provided that payrolls covering payments to recipients of benefits under public welfare programs and medical audits shall be held for a period of 10 years from the date of filing or until such records have been audited.
Source.
1943, 12:2. RSA 161:5. 1959, 232:1. 1979, 164:1. 1983, 291:1, II. 1995, 310:175, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:7 - Personnel; Duties.

161:7 Personnel;  Duties. –
Subject to the rules of the division of personnel, the commissioner shall appoint such personnel as may be necessary for the efficient performance of the duties prescribed in this chapter or RSA 167 and shall prescribe their duties.
Source.
1937, 202:5. RL 126:5. RSA 161:7. 1965, 352:12. 1983, 291:1, II. 1990, 250:3. 1995, 310:106, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:8 - Probation Duties.

161:8 Probation Duties. –
If appointed by a court of competent jurisdiction, the commissioner of the department of health and human services shall perform, under the supervision of such court, the function of probation officer or agent of the court in any welfare matters which may be before the court.
Source.
1937, 202:7. RL 126:7. RSA 161:8. 1983, 291:1, II. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:9 - Children in Need of Services.

161:9 Children in Need of Services. –
When the department is a petitioner or respondent in contested cases involving children in need of services, children who are alleged to be neglected or abused, and in contested termination of parental rights cases or contested cases involving protective services for adults, the commissioner may, with the approval of the attorney general, contract with attorneys to represent social workers of the department appearing in such cases. The commissioner may compensate attorneys at a reasonable rate for such representation.
Source.
1975, 89:1. 1979, 412:1. 1983, 291:1. 1986, 223:1. 1995, 310:107, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:10 - Supplemental Nutrition Assistance Program; Overpayment.

[RSA 161:10 contingently effective.  See contingent 2006 note set out below. ]
161:10 Supplemental Nutrition Assistance Program;  Overpayment. –
To the extent permitted by the Food Stamp Act of 1977, under 7 C.F.R. section 273.18(e), and federal regulations adopted thereunder, the department of health and human services shall terminate or waive any claim to reimbursement for the overpayment of supplemental nutrition assistance program (SNAP) benefits if the overpayment was the result of department error and the amount of the overpayment is not more than $450.
Source.
2006, 85:1; for effective date, see contingent 2006 amendment note set out below. 2023, 145:11, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161 - Human Service › Section 161:14 - Use of Corporal Punishment Prohibited.

161:14 Use of Corporal Punishment Prohibited. –
I. Each state agency shall provide in its policies and procedures related to children that all forms of corporal punishment are prohibited.
II. In this section:
(a) "Agency" means any executive branch department, institution, bureau, or office of the state, engaged in providing services to or for children. Agency shall include any public or private entity under contract or agreement with the department of health and human services or the department of education to provide services to or for a child or children.
(b) "Child" or "children" means a person under 18 years of age who has not been transferred to the adult criminal justice system, and includes a person under 22 years of age who is attending school and who has not received a high school diploma.
(c) "Corporal punishment" means any punishment in which physical force is issued and intended to cause some degree of pain or discomfort, and is exclusive of restraint as defined in RSA 126-U:1, IV or physical force used to protect self or others.
Source.
2022, 2:1, eff. Mar. 27, 2022.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:1 - Purpose.

161-B:1 Purpose. –
I. It is the responsibility of the state of New Hampshire through the department of health and human services, to conserve the expenditure of public assistance funds, whenever possible, in order that such funds shall not be expended if there are private funds available or which can be made available by judicial process or otherwise to partially or completely meet the financial needs of the children of this state. The failure of parents to provide adequate financial support and care for their children is a major cause of financial dependency on this state.
II. The purpose of this chapter is to provide this state, through the department of health and human services, a more effective and efficient way to effect the support of dependent children by the person or persons who, under the law, are primarily responsible for such support and to lighten the heavy burden of the taxpayer, who in many instances is paying toward the support of dependent children while those persons primarily responsible are avoiding their obligations. It is the intention of the legislature that the powers delegated to the department in this chapter shall be in addition to the powers granted by RSA 161, RSA 167, or other existing laws and shall be liberally construed to the end that persons legally responsible for the care and support of children within the state be required to assume their legal obligations in order to reduce the financial cost of the state in providing public assistance funds for the care of the children.
Source.
1977, 589:1. 1983, 291:1. 1995, 310:108, 175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:4 - Payment of Child Support to the Department.

161-B:4 Payment of Child Support to the Department. –
I. Child support payments shall be made payable through the office of child support enforcement services of the department upon written notice by the commissioner to a person responsible for the support of a dependent child or to a court or administrative agency having jurisdiction over such person that:
(a) The children for whom a support obligation exists are receiving or have received assistance pursuant to RSA 161 or RSA 167; or
(b) A person has applied for or is receiving support enforcement services under RSA 161-B:3, II, and such person has certified to the department that:
(1) The arrearage on the support obligation has accumulated to an amount equal to the support obligation for one month; or
(2) A court, pursuant to RSA 173-B or RSA 458:16, has issued a protective order enjoining a parent of a child from abusing or interfering with the liberty of the child's other parent, guardian, or legal representative, and that such order remains in full force and effect at the time the person applies for child support services.
II. Notice pursuant to paragraph I shall supersede any court or administrative order to the contrary. Any person who knowingly fails to comply with the requirement of such notice shall be guilty of a misdemeanor.
III. Nothing in paragraph I precludes the court, in its discretion, from ordering the payment of child support through the office of child support enforcement services of the department if the court finds upon the motion of any party that it is in the best interest of the child, obligee, or obligor to do so.
Source.
1977, 589:1. 1994, 398:1. 1995, 310:175, 183. 2001, 222:1, eff. Sept. 9, 2001.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:5 - Collection of Child Support.

161-B:5 Collection of Child Support. –
In order to carry out its responsibilities imposed under this chapter, the department is hereby authorized to commence or appear in any proceedings before any court or administrative agency for the purpose of obtaining, enforcing, or modifying an order of support on behalf of any dependent child or any other person for whom the department has a duty to obtain or enforce an order of support under this chapter. The department may commence or appear in any action on its own behalf or on behalf of any dependent child, parent of any dependent child, or on behalf of any other person for whom the department has a duty to obtain or enforce an order of support under this chapter.
Source.
1977, 589:1. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:5-a - Repealed by 1997, 263:34, I, eff. Oct. 1, 1997.

161-B:5-a Repealed by 1997, 263:34, I, eff. Oct. 1, 1997. –