reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 487 - Control of Marine Pollution and Aquatic Growth › Section 487:43 - Aquatic Invasive Species Decal.

487:43 Aquatic Invasive Species Decal. –
I. No person shall operate a powerboat registered in another state on New Hampshire public waters without displaying a New Hampshire aquatic invasive species decal from the department of environmental services.
II. Boats operating on interstate waters shared with the state of Maine shall be exempt from the requirement in paragraph I if they are displaying the equivalent aquatic invasive species decal issued by that state. The provisions of this paragraph shall not be valid unless the state of Maine enacts legislation that is substantially the same as the decal requirements in this section and gives reciprocal exemptions to a boat displaying the New Hampshire aquatic invasive species decal.
III. A decal shall be purchased from the department for $20. The revenue from each decal shall be distributed to the lake restoration and preservation fund established in RSA 487:25 in the same proportions as the addition to the boat fee under RSA 487:25, I.
IV. The New Hampshire aquatic invasive species decal shall:
(a) Be displayed within 3 inches of a boat's valid registration decal.
(b) Expire on December 31 each year.
(c) Change color each calendar year. The color of the decal shall not conflict with the New Hampshire registration validation decal in any year.
(d) Measure 3 inches by 3 inches.
V. Failure to purchase or display the New Hampshire aquatic invasive species decal in accordance with this section shall be a violation. For purposes of his section, the boat operator shall have 48 hours to demonstrate compliance with this section. The boat operator may present proof of purchase with a valid transaction date as proof of compliance.
VI. Any person who violates this section shall be guilty of a violation punishable by a fine of $50 for a first offense, $100 for a second offense, and $250 for any subsequent offense. The authority to enforce these sections shall extend to all peace officers in the state of New Hampshire. All fines collected under this paragraph shall be paid to department of safety for deposit into the navigation and safety fund established in RSA 270-E:6-a.
VII. The commissioner may enter into contracts with individuals, public or private corporations, or institutions for assistance in developing, implementing, and issuing the aquatic invasive species decal. The commissioner shall adopt rules under RSA 541-A relative to any matters necessary to implement the provisions of this subdivision.
Source.
2019, 114:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:1 - Statement of Purpose.

488:1 Statement of Purpose. –
This chapter provides for uniform statewide collection of water use data to understand how water resources are utilized in the state by establishing procedures and standards for the registration, measurement, and reporting of water use. The legislature recognizes the fundamental importance of water resources and intends to provide a framework to obtain and maintain basic water use data for the state. The legislature recognizes that information describing the major water uses of the state along with assessing the amount of water in a given watershed or aquifer are integral to all water resource quantity assessments and management decisions. Water use data is necessary to understand the effects of cumulative uses, transfers, discharges, and consumptive water losses in aquifers and watersheds in the state. Water use data also identifies the quantity and timing of existing water uses, and this information can be used to estimate future water needs of the state. Water use data is also necessary for verifying compliance with and equitable enforcement of state laws pertaining to groundwater and surface water.
Source.
2005, 240:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:2 - Definitions.

488:2 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of environmental services.
II. "Department" means the department of environmental services.
III. "Discharge" means the return of water to the environment.
IV. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations.
V. "Person" means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.
VI. "Surface waters" means any lake, pond, river, stream, wetland, or tidal waters.
VII. "Transfer" means any conveyance of water from one real property or place of business to another or incorporation into a product for subsequent distribution.
VIII. "Withdrawal" means the removal or collection of water by pumping or gravity from surface water or groundwater.
Source.
2005, 240:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:3 - Registration Required.

488:3 Registration Required. –
I. No person shall withdraw or discharge a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business without registering the withdrawal or discharge with the department. Transfers of such volume of water shall also be registered. Registration shall be in addition to any required permits.
II. No registration shall be transferred to another person without written notification to the commissioner.
Source.
2005, 240:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:4 - Measurement Required.

488:4 Measurement Required. –
Each withdrawal, discharge, or transfer required to be registered under this chapter shall be metered or measured by a technically appropriate and verifiable method approved by the commissioner. Withdrawals and discharges shall be measured at the point of withdrawal or discharge, respectively. Transfers shall be measured at a technically appropriate point approved by the commissioner.
Source.
2005, 240:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:4-a - Measurement of Withdrawals for Snowmaking.

488:4-a Measurement of Withdrawals for Snowmaking. –
Notwithstanding RSA 488:4, water use associated with snowmaking shall be measured at the point water is withdrawn from any natural source of water for use by a snowmaking system and at the point that water is entering into the snowmaking system, and such water withdrawal and use shall be measured by an appropriate and calculable method such as a weir, stream gauge, meter, or a technically appropriate and calculable method utilizing the manufacturer's plated specifications as they relate to gallons of water pumped per minute. Diversions from natural sources into storage reservoirs may be measured by using the measurement of the amount of water entering a snowmaking system and by calculating the change in the amount of water stored in the storage reservoir, provided separate records of the water withdrawn from each natural source are maintained.
Source.
2011, 142:1, eff. Aug. 6, 2011.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:6 - Recordkeeping.

488:6 Recordkeeping. –
The registrant shall keep records that include the amount of water being withdrawn, discharged, or transferred, the location, the frequency, date, time, and the rate of withdrawal, discharge, or transfer and other information the commissioner may require to fulfill the purpose of this chapter. The registrant shall submit records to the department in a form and at a frequency prescribed by the commissioner.
Source.
2005, 240:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:6-a - Record Keeping for Snowmaking Withdrawals.

488:6-a Record Keeping for Snowmaking Withdrawals. –
Notwithstanding RSA 488:6, water use records associated with snowmaking shall be maintained and documented monthly, and 24-hour maximum volumes of water withdrawn from each natural water source and the water entering the snowmaking system shall be maintained and documented monthly.
Source.
2011, 142:2, eff. Aug. 6, 2011.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:7 - Compliance.

488:7 Compliance. –
I. Registration and withdrawal of water under RSA 488:3 shall be deemed to grant permission to the department to enter onto the registered property to review compliance with the provisions of the registration.
II. Upon obtaining credible information that any person is not registered in accordance with RSA 488:3, I and is withdrawing, discharging, or transferring a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business, the department may obtain an administrative inspection warrant in accordance with RSA 595-B to determine compliance with the registration requirements.
III. The commissioner may issue an order to any person who violates this chapter, or any rule or permit authorized under this chapter, and require such actions as may be necessary. Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the county in which the subject facility or property is situated. A recorded order shall run with the land; provided, that an appropriate description of the land involved including the accurate name of the owner thereof is included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.
IV. If the department finds that an emergency exists requiring immediate action to protect the public safety, it may issue an order stating that an emergency exists and requiring that such action be taken as necessary to meet the emergency. Any person to whom such an order is directed shall comply immediately, but may appeal to the water council established under RSA 21-O:7.
Source.
2005, 240:1, eff. Jan. 1, 2006. 2019, 263:9, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:8 - Administrative Fines.

488:8 Administrative Fines. –
I. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who knowingly:
(a) Violates any provision of this chapter or any rule or order adopted or issued under it.
(b) Makes any material false statement in any document required to be filed or maintained.
(c) Renders inaccurate, falsifies, or tampers with any monitoring device or method.
II. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541.
III. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner may assess additional fines upon any person who has received written notification from the department regarding violations of the provisions of this chapter or rules adopted pursuant to this chapter, if the violations have not been mitigated within 30 days of receipt of notification.
IV. Each day of violation shall constitute a separate offense.
Source.
2005, 240:1, eff. Jan. 1, 2007. 2019, 263:9, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 488 - Water Management › Section 488:9 - Rulemaking.

488:9 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The content and structure of all forms pertaining to registrations to be received or issued by the department, including information and other materials to be submitted with the registration.
II. The form, content, structure, and frequency of filing of the records required under this chapter. The commissioner shall balance resource management objectives with the economic impact of filings when determining the substance of this rule and shall also give consideration to proprietary and confidentiality concerns.
III. Criteria and methodology for water withdrawal, transfer, and discharge measurement.
IV. Criteria to identify actions that constitute withdrawals, transfers, or discharges required to be registered pursuant to this chapter.
V. A schedule of administrative fines which may be imposed under this chapter for violation of this chapter or rules adopted pursuant to this chapter.
VI. Procedures for notice and hearing prior to the imposition of an administrative fine.
VII. Forms and frequency for reporting to the department the records required under RSA 488:6-a regarding snowmaking and water withdrawals for snowmaking.
Source.
2005, 240:1. 2011, 142:3, eff. Aug. 6, 2011.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:1 - Purpose.

489:1 Purpose. –
This chapter is intended to:
I. Establish an integrated land development permit option that may be sought, at the discretion of the applicant, as an alternative to seeking one or more individual land development permits or approvals issued by the department of environmental services.
II. Provide a coordinated approach and holistic perspective in regulating land development activities to protect the quality and functions of New Hampshire's natural environment.
III. Establish an alternative project review and permitting process to improve communication and coordination between multiple organizations and entities involved in the permitting of proposed projects.
IV. Establish a structured pre-application process to provide enhanced guidance earlier in the project design process to facilitate compliance and improved environmental performance.
V. Encourage and facilitate implementation of environmentally superior projects.
VI. Recognize that the degree of relatedness of the affected programs presents a unique opportunity to achieve efficiencies and savings that are not possible to achieve by similar means within the other programs administered by the department.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:2 - Definitions.

489:2 Definitions. –
In this chapter:
I. "Abutter" means any person who owns land immediately contiguous to the subject property or who owns flowage rights on such land. The term does not include the owner of any land that is separated by a public road or public waterway from the subject property or, in the absence of a public road or waterway, is more than 1/4-mile from the limits of the proposed work. If any land that is immediately contiguous to the subject property is owned in whole or in part by the person who is proposing the work or is necessary to meet any frontage requirement, the term includes the person owning the next contiguous property.
II. "Affected programs" means the following programs implemented by the department:
(a) The terrain alteration program established under RSA 485-A:17 and rules adopted pursuant thereto;
(b) The subdivision and individual sewage disposal systems program established under RSA 485-A:29 through RSA 485-A:44 and rules adopted pursuant thereto;
(c) The wetlands program established under RSA 482-A and rules adopted pursuant thereto; and
(d) The shoreland water quality protection program established under RSA 483-B and rules adopted pursuant thereto.
III. "Applicant" means the person who initiates the application process for an integrated land development permit. If the applicant is not the owner of the property on which the project is proposed to occur, the applicant shall be authorized in writing by the property owner to undertake all actions and representations required under this chapter.
IV. "Department" means the department of environmental services.
V. "Integrated land development permit" means a single permit issued by the department in lieu of issuing separate permits or approvals under one or more of the affected programs.
VI. "Permittee" means a person who obtains an integrated land development permit under this chapter.
VII. "Subject property" means the property on which a project is proposed or, after issuance of a permit, is undertaken.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:5 - Conceptual Preliminary Discussions.

489:5 Conceptual Preliminary Discussions. –
Any person interested in pursuing an integrated land development permit may consult with the department regarding the applicable procedures and requirements. Applicants may request and participate in conceptual pre-application discussions with the department prior to initiating the formal pre-application technical review process under RSA 489:6. Such conceptual pre-application discussions shall not replace the formal pre-application technical review process.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:8 - Rulemaking.

489:8 Rulemaking. –
The commissioner of the department shall adopt rules under RSA 541-A relative to:
I. Requirements and procedures for the pre-application process and technical review, including requirements for notification of and coordination with municipalities, other state and federal agencies, local river management advisory committees, and other entities.
II. Application requirements and procedures for processing a final application for an integrated land development permit, including requirements for notification of and coordination with municipalities, other state and federal agencies, local river management advisory committees, and other entities.
III. Applicability of technical criteria of the affected program.
IV. Time extensions and duration of a permit, and procedures and requirements for amending a permit issued pursuant to this chapter.
V. Procedures and requirements for projects requiring a public hearing.
VI. Terms and conditions for permits issued under this chapter to ensure compliance with this chapter and affected programs.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:9 - Waivers.

489:9 Waivers. –
I. No waiver from any affected program's requirement in rule or statute shall be granted unless the applicant requesting the waiver demonstrates that:
(a) There will be no substantial loss of wetland functions and values;
(b) Water quality will be protected to the maximum extent practicable and in compliance with the anti-degradation requirements of the federal Clean Water Act and departmental rules; and
(c) A superior overall environmental outcome will be achieved or an equivalent overall environmental outcome at reduced cost.
II. The demonstration required by paragraph I shall be made based on project design, mitigation, submission of modeling results, engineering calculations, relevant scientific studies, or such other documentation the applicant believes supports the requested waiver.
III. No waiver shall be granted if doing so results in a violation of any state statute or regulation outside those governing the affected programs, unless the statute or regulation expressly provides that the provisions may be waived.
IV. No waiver shall be granted if doing so results in a violation of any federal requirement, unless the federal requirement expressly provides that its provisions may be waived and the federal agency charged with enforcing the requirement agrees with the waiver.
V. Municipalities may adopt an innovative land use control ordinance pursuant to RSA 674:21, authorizing the planning board to allow a project that does not fully conform to the local zoning ordinance to proceed as approved by the department under this chapter, provided the planning board makes a finding that such a project meets the criteria of paragraph I.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489 - Integrated Land Development Permit › Section 489:11 - Compliance.

489:11 Compliance. –
I. The following shall constitute noncompliance with this chapter:
(a) Failure to comply with this chapter or any rule adopted or permit issued under this chapter.
(b) Failure to comply with an order of the commissioner issued relative to this chapter or any rule adopted or permit issued under this chapter.
(c) Misrepresentation by any person of a material fact made in connection with any application filed under this chapter or any permit issued under this chapter.
II. The permittee shall be responsible for ensuring that all work done under the permit complies with the permit and all other applicable requirements. Any person who performs work under an integrated land development permit shall comply with the permit and all other applicable requirements.
III. The department may issue a written order to any person in noncompliance with this chapter as specified in paragraph I to cease any continuing noncompliance and to remediate or restore any land or water areas affected by the noncompliance.
IV. Any noncompliance with this chapter as specified in paragraph I may be enjoined by the superior court upon application of the attorney general.
V. Any person who knowingly fails to comply with this chapter as specified in paragraph I shall be subject to all remedies available under law in the applicable affected programs. For purposes of this paragraph, a permit issued under this chapter shall constitute a permit issued under each of the applicable affected programs.
Source.
2013, 270:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:1 - Definitions.

489-C:1 Definitions. –
In this chapter:
I. "Apply salt" means to apply salt or a salt alternative to roadways, parking lots, or sidewalks for the purpose of winter maintenance.
II. "Commercial applicator" means any individual who applies or supervises others who apply salt, but shall not include municipal or state employees.
III. "Commissioner" means the commissioner of the department of environmental services.
IV. "Department" means the department of environmental services.
IV-a. "Municipal winter maintenance certification program" means a program implemented by a governmental unit as defined in RSA 507-B:1, I to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.
V. "Salt" means sodium chloride, calcium chloride, magnesium chloride, or any other substance containing chloride.
VI. "Salt alternative" means any substance not containing chloride used for the purpose of de-icing or anti-icing.
Source.
2013, 144:122, eff. Sept. 26, 2013. 2021, 204:2, Pt. III, Sec. 1, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:2 - Commercial Applicator Certification Option.

489-C:2 Commercial Applicator Certification Option. –
I. Commercial applicators may elect to be certified by the department. Applicator certificates shall be issued by the department and may be renewed annually.
II. Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief supervisor, and commercial applicators employed by the business may obtain either an individual certificate or a subordinate certificate to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating with a subordinate certificate under its master certificate receive the required training and shall provide the required record keeping on behalf of all commercial applicators working under the master certificate.
III. The department shall charge an annual fee for master, individual, and subordinate certificates. Annual fees for a subordinate certificate obtained under a master certificate shall be significantly less than the fees for a master certificate. Annual fees for individual certificates shall be higher than the fee for a subordinate certificate but less than the fee for a master certificate.
Source.
2013, 144:122, eff. Sept. 26, 2013. 2021, 204:2, Pt. III, Sec. 2, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:2-a - Municipal Winter Maintenance Certification Program Option.

489-C:2-a Municipal Winter Maintenance Certification Program Option. –
I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually.
II. Any governmental unit holding a municipal winter maintenance program certificate shall ensure that each applicator operating under its certificate receives the required training approved by the department and shall provide record keeping on behalf of all applicators working under the municipal winter maintenance certificate. A governmental unit may meet the training requirement by requiring its employees to obtain commercial applicator individual certificates.
III. The department may create more than one class of certificate to recognize different complexity levels of municipal winter maintenance programs. If such classes are created, the department shall, through rules adopted pursuant to RSA 541-A, identify the criteria, required record keeping, and other requirements as may apply to each level.
IV. The department shall charge an annual fee for a municipal winter maintenance program certificate.
Source.
2021, 204:2, Pt. III, Sec. 3, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:3 - Rulemaking Authority.

489-C:3 Rulemaking Authority. –
The commissioner shall adopt rules pursuant to RSA 541-A, relative to:
I. Policies and goals for applying salt.
II. Receiving and allocating federal grants and other funds or gifts for the purpose of carrying out any of the provisions of this chapter.
III. The types and frequency of training programs required for certification.
IV. Procedures for commercial applicators to obtain certification.
V. Recordkeeping and reporting requirements for certificate holders.
VI. Establishing and collecting fees to cover the cost of program implementation.
VII. Procedures for governmental units to obtain certification for their municipal winter maintenance programs.
Source.
2013, 144:122, eff. Sept. 26, 2013. 2015, 229:19, eff. July 1, 2015. 2021, 204:2, Pt. III, Secs. 4 and 5, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:4 - Application for Certification.

489-C:4 Application for Certification. –
Applications for certification shall be on a form prescribed by the department and shall include the following:
I. The full name and address of the person applying for the certification.
II. The name and address of a person whose domicile is in the state, and who is authorized to receive and accept service of summons and legal notices of all kinds for the applicant.
III. The type of apparatus used to apply salt or salt alternative whether liquid or dry.
IV. Any other information deemed necessary by the department.
Source.
2013, 144:122, eff. Sept. 26, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 489-C - Salt Applicator Certification Option › Section 489-C:5 - Administration and Enforcement.

489-C:5 Administration and Enforcement. –
I. The commissioner shall administer and enforce the provisions of this chapter.
II. The department may issue an order to any person who is in violation of any provision of this chapter, an applicator certificate issued under this chapter, or a rule adopted under this chapter, to cease and desist from any act in violation of such provision, certification, or rule. Orders of the department under this section shall be effective immediately.
III. The commissioner, after notice and hearing pursuant to RSA 541-A, may revoke the certification of any person who violates this chapter. Rehearings and appeals relating to revocation shall be governed by RSA 541.
IV. There is hereby established a salt application fund. This nonlapsing fund shall be continually appropriated to the department and used to administer the salt applicator certification program under this chapter. Certification fees collected by the department shall be deposited with the state treasurer to the credit of such fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. No funds from the general fund shall be used to cover the cost of the salt applicator certification program.
Source.
2013, 144:122, eff. Sept. 26, 2013. 2015, 229:20, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:1 - Justices.

490:1 Justices. –
The supreme court shall consist of 5 justices appointed and commissioned as prescribed by the constitution. On the effective date of this section, the administrative position of chief justice shall be held by the justice with the most seniority on the court for a period of up to 5 years. Each succeeding chief justice shall serve for a period of up to 5 years and shall be the justice with the most seniority of service on the court who has not yet served as chief justice. A justice may decline to serve as chief justice; however, no justice shall be permitted to serve successive terms as chief justice. In the event that all 5 justices have served a term as chief justice, succeeding chief justices shall serve rotating 5-year terms based on seniority.
Source.
RS 171:1. CS 181:1. 1855, 1659:1. 1859, 2211:4. 1874, 97:1. 1876, 25:1. GS 189:1. 1877, 25:1. GL 208:1. PS 204:1. 1901, 78:1. PL 315:1. RL 369:1. 1945, 174:3. RSA 490:1. 1978, 33:1. 2001, 50:1, eff. Dec. 31, 2003.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:3 - Disqualification; Temporary Justices.

490:3 Disqualification;  Temporary Justices. –
I. The provisions as to the disqualification of justices of the superior court apply to justices of the supreme court. Whenever a justice of the supreme court shall be disqualified or otherwise unable to sit in any cause or matter pending before such court, the chief or senior associate justice of the supreme court may assign another justice to sit according to the provisions of paragraph II of this section.
II. Upon the retirement, disqualification, or inability to sit of any justice of the supreme court, the chief justice or senior associate justice of the supreme court may assign a justice of the supreme court who has retired from regular active service or, if a retired supreme court justice is unavailable, shall assign a justice of the superior court who has retired from regular active service to sit during supreme court sessions while the vacancy continues. The selection of a retired supreme or superior court justice shall be on a random basis. However if no retired supreme or superior court justice is available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the superior court. In the event that no superior court justices are available, then the selection of a replacement justice shall be made on a random basis from a pool of full-time justices of the district and probate courts. The clerk of the supreme court shall maintain a list of superior, probate, and district court judges who are willing to serve as temporary supreme court judges.
II-a. If a vacancy occurs within 7 days of the scheduled oral argument of a case, the chief justice of the supreme court may assign to the case a temporary justice on a non-random basis if the assigned justice was assigned randomly to another case scheduled at the same monthly argument session or if the assigned justice is the chief justice of the superior court.
II-b. The chief justice of the supreme court may assign to a cause or matter as a temporary justice on a non-random basis a justice of the supreme court who sat in the cause or matter while it was pending before such court and who retired before the decision thereof. This paragraph shall not apply to any subsequent hearing of the same cause or matter.
III. A justice assigned to sit temporarily on the supreme court pursuant to paragraph II of this section shall have all the authority of a supreme court justice to hear arguments, render decisions, and file opinions. No justice shall be assigned to sit on the supreme court in the determination of any cause or matter upon which the justice has previously sat or for which such justice is otherwise disqualified nor without such justice's consent.
Source.
PL 315:19. RL 369:17. 1947, 110:1. RSA 490:3. 1978, 33:2. 2004, 112:1. 2007, 46:1, eff. May 21, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:4 - Jurisdiction.

490:4 Jurisdiction. –
The supreme court shall have general superintendence of all courts of inferior jurisdiction to prevent and correct errors and abuses, including the authority to approve rules of court and prescribe and administer canons of ethics with respect to such courts, shall have exclusive authority to issue writs of error, and may issue writs of certiorari, prohibition, habeas corpus, and all other writs and processes to other courts, to corporations and to individuals, and shall do and perform all the duties reasonably requisite and necessary to be done by a court of final jurisdiction of questions of law and general superintendence of inferior courts.
Source.
RS 171:2, 3. CS 181:5, 6. 1855, 1659:1, 10. 1859, 2211:3. GS 189:1. GL 208:1. 1885, 42:1. PS 204:2. 1901, 78:7. PL 315:2. RL 369:2. RSA 490:4. 1971, 341:1, eff. Aug. 24, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:4-a - Law Enforcement Officers; Wearing of Firearms.

490:4-a Law Enforcement Officers;  Wearing of Firearms. –
Notwithstanding any other rule, regulation or order to the contrary, law enforcement officers shall be permitted to wear firearms in any courtroom in the state.
Source.
1975, 72:1, eff. June 7, 1975.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5 - Jurisdiction; By Special Provisions.

490:5 Jurisdiction;  By Special Provisions. –
The supreme court shall have jurisdiction of all other proceedings and matters to be entered or heard therein by special provisions of law.
Source.
RS 171:5. CS 181:8. 1855, 1659:11. GS 189:2. 1870, 2:1. GL 208:2. 1885, 42:3. PS 204:3. PL 315:3. RL 369:3.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5-a - New Hampshire Court Accreditation Commission.

490:5-a New Hampshire Court Accreditation Commission. –
There is hereby established the New Hampshire court accreditation commission consisting of 12 members as follows: one shall be appointed by the governor, one shall be a member of the house appointed by the speaker, one shall be a member of the senate appointed by the senate president, one shall be the commissioner of administrative services or designee, one shall be the commissioner of safety or designee, one shall be the director of security for the administrative office of the courts, one shall be a county sheriff appointed by the president of the New Hampshire Sheriffs' Association, and 5 shall be appointed by the supreme court. Of the 5 members appointed by the supreme court, one shall be a justice of the supreme court or a designee of the supreme court, one shall be a justice of the superior court, one shall be a justice of the circuit court, one shall be a lawyer of experience in the trial of cases at all court levels, and one shall be a layman. The supreme court shall designate one of the members as chairman.
Source.
1971, 382:1. 1987, 307:1. 1989, 371:1, eff. July 1, 1989. 2010, 157:1, eff. June 17, 2010. 2019, 236:1, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5-b - Term; Compensation; Retirement.

490:5-b Term;  Compensation;  Retirement. –
The members of the commission shall each serve for a term of 3 years and shall receive no compensation for the performance of their duties hereunder, but they shall be reimbursed for mileage and other reasonable expenses actually incurred by them in visiting any court as provided for herein. Such reimbursement shall be made from the receipts of any court so visited on presentation of an invoice detailing the subject expenses. The mileage allowance shall be the rate then in effect as to other state officials and employees.
Source.
1971, 382:1. 1987, 307:2, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5-c - Duties.

490:5-c Duties. –
The commission shall operate under the supervision of the supreme court and shall perform such duties as directed by the supreme court to include:
I. Prescribing minimum standards for all courts with respect to size, adequacy of facilities, security, decor and design, judicial chambers, conference rooms, stenographic and clerical assistance, decorum, parking facilities, respect for the rights of the public, law enforcement personnel, and the accused, and such other features as the supreme court shall direct;
II. Regularly causing every superior, probate, district, and municipal court in New Hampshire to be visited and inspected;
III. Periodically reporting its findings, conclusions, and recommendations for improvements to court facilities and procedures to the supreme court;
IV. Reviewing for the supreme court the adequacies of court facilities and reporting its findings and recommendations to the supreme court for its consideration in January of each year.
Source.
1971, 382:1. 1981, 256:1; 562:7. 1983, 381:5; 383:37. 1985, 404:8, I. 1989, 371:2. 2006, 44:1. 2007, 306:1, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5-d - Rating; Accreditation.

490:5-d Rating;  Accreditation. –
The commission shall rate each court inspected as herein provided as "accredited-excellent", "accredited-satisfactory", "not accredited" or give each court a rating established by the commission which substantially reflects these rating categories, in accordance with the criteria set forth in RSA 490:5-c. The commission rating shall be a matter of public record and shall be transmitted in written form to each court.
Source.
1971, 382:1. 1981, 256:1, eff. Aug. 14, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:5-e - Notice of Nonaccreditation.

490:5-e Notice of Nonaccreditation. –
Written notice of an intention to rate or designate a court as "not accredited" shall be mailed by the commission to the presiding justice of the court, to the owner of the facility, if the owner is not the state, and to the person responsible for the maintenance and repair of the facility, if that person is not also the owner. Notice shall be mailed not less than 90 days prior to the date the official rating or designation is ordered.
Source.
1971, 382:1. 1985, 404:4, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:6 - Sessions.

490:6 Sessions. –
There shall be one general term of the supreme court in each year to be held in Concord for the purpose of hearing arguments, making orders, rendering decisions and filing opinions.
Source.
1901, 78:3. PL 315:4. RL 369:4. RSA 490:6. 1970, 48:4. 1973, 214:1. 1981, 328:1, eff. Aug. 16, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:6-a - Emergency Powers.

490:6-a Emergency Powers. –
I. The chief justice of the supreme court or, if the chief justice is unavailable, the most senior associate justice available, shall have the power, upon the request of the governor, attorney general, or the chief justice of the superior court or the administrative judge of the district or probate court or the judicial branch family division, or on his or her own motion, in the event of a declared state of emergency, as defined in RSA 4:45, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief for a period of up to 21 calendar days from time deadlines imposed by otherwise applicable statutes and rules of procedure regarding speedy trial procedures in criminal and juvenile court proceedings, all civil and equitable court process and court proceedings, and all appellate court time limitations. Such order or orders may be renewed by a majority of the justices of the supreme court as justice may require; provided, however, that any such renewal with respect to applicable statutes shall be effective only upon the concurrence of the governor.
II. The general court may terminate any order entered pursuant to paragraph I of this section to the extent that it deals with applicable statutes by concurrent resolution adopted by a majority vote of each chamber. The justices' authority to renew such an order to the extent that it deals with applicable statutes shall terminate upon the adoption of a concurrent resolution under this paragraph.
Source.
2008, 346:1, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:7 - Quorum.

490:7 Quorum. –
Sessions of the court shall be held by at least 3 supreme court justices. A lesser number, or the clerk, if no justice attends, may adjourn the sessions from day to day until 3 justices attend. If one or more of the justices present is disqualified to sit in any case, one or more temporary justices may be assigned in accordance with RSA 490:3; provided that at least 3 justices, either full-time or temporarily appointed, must sit, participate, and decide.
Source.
1855, 1659:15. GS 192:7. GL 211:7. PS 207:7. PL 315:5. RL 369:5. RSA 490:7. 1978, 33:3. 1999, 176:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:8-a - Publication of the Status of Cases.

490:8-a Publication of the Status of Cases. –
I. Beginning with notices of appeal filed on January 1, 2002, the supreme court shall make available to the public a record of cases pending before the court. The record shall be by calendar year, with the current year recording all cases filed with the court in that year. The record for prior years shall only document cases pending. Cases pending shall be those cases in which a decision has not been made as to accepting the notice of appeal or the accepted appeal has not been decided. The record shall be updated and printed quarterly and shall be available not later than 15 days after the end of each quarter. This report shall list the following data:
(a) Name and docket number.
(b) Date of acceptance or rejection of the notice of appeal and if the appeal was accepted or rejected.
(c) Date of oral argument.
(d) Date of decision.
II. At the end of each calendar year, all cases for which the notice of appeal was rejected and all cases decided shall be removed from the list.
Source.
2001, 268:1, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:14-a - Penalties for Frivolous Appeals.

490:14-a Penalties for Frivolous Appeals. –
If upon the hearing of any appeal, reserved case or bill of exceptions, it clearly appears that the appeal, reserved case or bill of exceptions is frivolous, immaterial or intended for delay, then the court, upon motion of a party or its own motion, may award against the moving party double the amount of the costs incurred by the prevailing party beginning with the entry of the appeal, reserved case of bill of exceptions, and also interest at the rate of 12 percent per annum on any amount which has been previously found due or for which a verdict has been recovered or which the moving party has been ordered to pay.
Source.
1971, 456:12, eff. Aug. 29, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:18 - Expenses.

490:18 Expenses. –
The justices shall be entitled to receive their actual personal expenses when absent from the court in the performance of their official duties. A justice who resides more than 50 miles from the court may be reimbursed for money paid for office rent. The justices shall not be reimbursed for mileage to commute from the justice's residence to the court except for any mileage in excess of 50 miles each way. A temporary justice shall be entitled to receive the same expenses and reimbursements, except for office rent, for the period of such service.
Source.
1901, 78:14. 1905, 107:1. 1913, 141:2. 1917, 212:1. 1919, 77:1. 1921, 147:1; 148:1. PL 315:16. RL 369:16. RSA 490:18. 1978, 33:4. 2004, 91:1. 2009, 60:1, eff. Aug. 2, 2009.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:18-a - Revolving Funds Authorized.

490:18-a Revolving Funds Authorized. –
The administrative office of the courts is authorized to establish revolving funds for the purposes of the printing and sale of forms, publications and educational materials; and such funds shall not lapse.
Source.
1983, 383:17, eff. Jan. 1, 1984. 2010, 193:1, eff. June 21, 2010.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:19 - Clerk.

490:19 Clerk. –
The court shall appoint a clerk, who shall be removable at pleasure. He shall perform all the duties herein specifically required of him and such other duties as usually appertain to that office. His salary shall be in full compensation for the performance of all duties as clerk, pursuant to the court's compensation system.
Source.
1901, 78:10. PL 315:20-23. RL 369:18. 1953, 265:1. RSA 490:19. 1970, 48:5. 1983, 383:18, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 490 - Supreme Court › Section 490:20 - Messenger.

490:20 Messenger. –
The court may appoint a messenger, who shall perform such duties with reference to the courtroom and apartments occupied by the justices as they may prescribe, and who shall receive such compensation as the court shall certify to be just and reasonable.
Source.
1901, 78:11. PL 315:24. RL 369:19.