University System of New Hampshire

USNH Charter

(RSA 187-A "State College & University System")

Table of Contents

University System
187-A:1   The University System of New Hampshire
187-A:2   Components of the University System
187-A:2-a   Governance
187-A:2-b   Legislative Oversight
187-A:2-c   Identification Cards
 
University of New Hampshire
187-A:3   University of New Hampshire
187-A:4   Colleges and Schools
187-A:5   College of Agriculture and Mechanic Arts
187-A:6   County Programs
187-A:7   The State Fund
187-A:8   Payment of State Fund
187-A:9   Two-Year Course
187-A:10   Out-of-State Students
187-A:10-a   Consulting Center
 
Other Colleges Within System
187-A:11   State Colleges
187-A:12   Merrimack Valley College [Repealed]
 
Administration
187-A:13   Trustees of University System
187-A:14   Terms of Trustees
187-A:15   Operation of the Board of Trustees
187-A:16   Authority of the Trustees
187-A:16-a   Prohibition on Preferential Treatment and Discrimination
187-A:16-b   Freedom of Association
 
Finances
187-A:17   Investments
187-A:18   Special Funds for Self-amortizing Projects
187-A:19   Free Tuition
187-A:20   Tuition Waived
187-A:20-a   Tuition Waived for Children of Certain Firefighters and Police Officers; Room and Board Scholarships
187-A:20-b   Tuition Waiver for Children in State Foster Care or Guardianship
187-A:20-c   Waver of Residency Requirement for In-State Tuition For Veterans
187-A:21   Other Income
187-A:22   Reports
187-A:23   Motor Vehicle Regulations
187-A:24   John G. Winant Memorial Foundation
187-A:25   Tax Exemption
187-A:25-a   Audit
 
Public Higher Education Study Committee
187-A:26   University System Study Committee [Repealed]
187-A:26-a   Membership [Repealed]
187-A:27   Duties [Repealed]
187-A:28   Report and Recommendations [Repealed]
187-A:28-a   Public Higher Education Study Committee
187-A:28-b   Membership
187-A:28-c   Duties
187-A:28-d   Report and Recommendations
187-A:29   Aid and Grants [Repealed]
 
Industrial Research Center
187-A:30   Purpose
187-A:31   Grant Program
187-A:32   Oversight Committee; Membership; Duties
187-A:33   Funding
187-A:33-a   Company Default on Matching Funds
187-A:33-b   Fees
187-A:33-c   Equipment Purchases
 
Inventors Assistance Act
187-A:34   Statement of Purpose
187-A:35   Program Established
187-A:36   Annual Report
187-A:37   Inventors Assistance Program Fund
 
Selective Service Registration Awareness and Compliance Act
187-A:38   Title
187-A:39   Application
187-A:40   Responsibility for Compliance
187-A:41   Exceptions
 
New Hampshire Estuaries Project
187-A:42   New Hampshire Estuaries Project

Medical and Surgical Benefits
187-A:43   Medical and Surgical Benefits; University System of New Hampshire

University System

187-A:1   The University System of New Hampshire. The university system of New Hampshire is established and made a body politic and corporate, the main purpose of which shall be to provide a well coordinated system of public higher education offering liberal undergraduate education encompassing the major branches of learning, emphasizing our cultural heritage, and cultivating the skills of reasoning and communication. The university system shall provide for professional and technical 2-year, 4-year and graduate programs which serve the needs of the state and the nation; for research which contributes to the welfare of mankind, to the development of the faculty, and to the educational experience of students; and for its faculty and staff to bring educational resources and professional experience to the benefit of the state and its people. The university system of New Hampshire is authorized to grant and confer in the name of the university system of New Hampshire all such degrees, literary titles, honors and distinctions as other universities may of right do.

187-A:2   Components of the University System. The university system of New Hampshire shall consist of the university of New Hampshire, (including the New Hampshire college of agriculture and the mechanic arts and its other colleges, schools and divisions), the Plymouth state university, the Keene state college, and the Granite state college.

187-A:2-a   Governance. The university system shall be governed by a single board of trustees who shall be responsible for ensuring that its components, each having a unique character and educational mission, operate as a well-coordinated system of public higher education.

187-A:2-b   Legislative Oversight.

I.   The general court finds that because of the importance of public higher education, elected officials should be aware of the activities and needs of the university system, exercising their responsibility for legislative oversight through (1) the consideration by the appropriate legislative committees of proposed legislation pertaining to the university system; and (2) the consideration of reports filed by the university system pursuant to RSA 187-A:16 and 187-A:22.

II.   The general court also recognizes the need to protect the institutions of the university system from inappropriate external influence which might threaten the academic freedom of faculty members or otherwise inhibit the pursuit of academic excellence. To this end, the general court has delegated broad authority to the board of trustees who shall be responsible for managing the university system in a manner which promotes academic excellence and serves the educational needs of the people of New Hampshire.

187-A:2-c   Identification Cards. If a college or university of the university system issues identification cards to students, all cards issued after January 1, 2014 shall bear a date of issuance.

University of New Hampshire

187-A:3   University of New Hampshire. A university is established and made a body politic and corporate, by the name of the "University of New Hampshire," the object of which shall be to teach such branches of learning and to prosecute such researches as may be necessary and desirable in the education of youth and advancement and development of the arts, the sciences and the industries, including the education and training of teachers for the public school systems of the cities and towns of the state, and of such nature, scope and standard as usually prevail in the tax supported universities of the several states. Such university is authorized to grant and confer in the name of the university of New Hampshire all such degrees, literary titles, honors and distinctions as other universities may of right do including associate, baccalaureate, master's and doctor's degrees. The trustees of said university are further authorized to define and prescribe the standard, scope and nature of the instruction and attainments necessary in order to qualify for such degrees, titles, honors and distinctions and to issue such bulletins, announcements and reports as may be found necessary or desirable in publishing and defining the standard, scope, quality and nature of the educational work of the corporation.

187-A:4   Colleges and Schools. The university shall include a college of engineering and physical sciences, a college of liberal arts, a college of life sciences and agriculture, a school of business and economics, a school of health studies, a college at Manchester, a graduate school, and may include a school of social work and such other colleges, schools, departments and divisions as are consistent with such organization.

187-A:5   College of Agriculture and Mechanic Arts. The New Hampshire college of agriculture and the mechanic arts shall be a division of the university of New Hampshire, established pursuant to the provisions of RSA 187-A:3.

I.   The leading object of the college shall be, without excluding other scientific and classical studies and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in conformity to an act of congress entitled "An act donating land to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862.

II.   The state gives its assent to the purpose of and accepts for the benefit of the New Hampshire college of agriculture and the mechanic arts the grants of money authorized by act of congress, approved August 30, 1890, for the further endowment and support of the colleges for the benefit of agriculture and the mechanic arts and "to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life and the facilities for such instruction," as provided in said act of congress. The treasurer of the university of New Hampshire shall receive all grants of money made to this state under the provisions of said act of congress.

III.   The work of the college shall be carried on in connection with, and as a part of the work of, the university, in such manner as to be consistent with the provisions of the aforesaid act of congress and the supplements to and amendments of said act, and with the terms of the bequest made to the state by Benjamin Thompson of Durham, and of other gifts made to the college or to the state for the benefit of the college, and with the continuance of the corporate existence of the college as a division of the university of New Hampshire.

IV.   The funds derived from the sale of land scrip of the United States, and now in the possession of the state, shall be held by it as a trust fund for the benefit of the college of agriculture and the mechanic arts until otherwise ordered by the legislature; and the state shall pay to the treasurer of the university of New Hampshire, semi-annually, interest on the fund at the rate of six percent per annum.

V.   Nothing in this chapter shall repeal any of the provisions of the laws of 1891, 361, entitled "An act providing for the removal of the New Hampshire college of agriculture and the mechanic arts from Hanover to Durham, and for other purposes."

187-A:6   County Programs; University of New Hampshire Cooperative Extension Outreach Programs.

I.   The purpose and intent of university of New Hampshire cooperative extension programs shall be as provided in RSA 24:10.

II.   The university of New Hampshire cooperative extension shall, through its county outreach centers, take full advantage of communication technologies and distance-learning capabilities to bring university-based research and knowledge to the citizens of New Hampshire.

III.   The memorandum of understanding between the division of forests and lands (DRED) and the university of New Hampshire cooperative extension, which provides cooperative extension with funds for forest education purposes, shall continue.

IV.   The state recognizes and applauds the relationships between cooperative extension and other state agencies and encourages the development and continuance of the memorandum of understanding between the appropriate parties.

V.   There shall be appropriated annually by the state a sum of money consistent with the purpose of conducting cooperative extension outreach programs in the various counties of the state in cooperation with the appropriate federal agencies and the counties and in furtherance of the so-called Smith-Lever Act as accepted by the state under the provisions of the laws of 1915, 194 and 195. The sums appropriated shall be expended through the university of New Hampshire cooperative extension to support outreach programs in the counties.

187-A:7   The State Fund.

I.   For the purpose of providing a fund to be known as the university system of New Hampshire fund, the state treasurer shall credit to such fund the appropriation made to the university system for each fiscal year.

II.   All sums so credited are appropriated to said university system for the support and maintenance thereof, including payments of salaries and wages to employees, and current expenses; the construction of additional buildings; the taking of land by eminent domain; the purchase of land, library books, and periodicals; the making of necessary repairs and replacements; the building of roads and walks; the improvement of the grounds; the construction, extension and maintenance of water, sewer and heating systems; and in general for the payment of all such expenses incident to the management of the university system as the trustees thereof may from time to time determine.

III.   This fund shall constitute a continuing appropriation for the benefit of the university system. Any amount remaining to the credit of the university system at the close of any fiscal year shall be carried over and credited to its account for the succeeding year. No part of the fund shall be used for the payment of salaries or expenses of extension service agents resident in the counties of the state.

187-A:8   Payment of State Fund. Money in the state fund shall be paid to the treasurer of the university system on manifests approved by the governor and council in the same manner as other state claims are paid; provided, that there shall be advanced to the treasurer such money as may be requested by the treasurer of the university system and approved by the governor and council; and provided, further, that manifests covering the money so advanced shall be submitted according to regular procedure at the earliest practicable time.

187-A:9   Two-Year Course. A two-year course in practical and theoretical agriculture is established in the Thompson school of applied science of the university of New Hampshire, to which students shall be admitted who can pass such fair and reasonable examination in reading, spelling, writing, arithmetic, English grammar, and the geography and history of the United States as may be approved by the trustees. In this course students are not required to take higher mathematics or any foreign language. In addition, they may take any other exercises or studies for which they are qualified and which are provided by the Thompson school of applied science or the university of New Hampshire in other courses. Those who successfully complete said two-year program of instruction in the Thompson school of applied science shall receive an appropriate associate degree as authorized by the trustees.

187-A:10   Out-of-State Students. The number of undergraduate students enrolled in the university of New Hampshire from domiciles outside the state in any year shall not exceed 25 percent of the maximum capacity for regular undergraduate students at the university as determined by the board of trustees. The limitation on out-of-state enrollment at the university may be suspended by vote of the board of trustees whenever the trustees find that such suspension benefits the state and the university without impairing the opportunity for qualified students of the state of New Hampshire to attend the university. However, any such suspension shall be made for not more than one year at a time but may be continued from year to year upon vote of said trustees. The limitation on out-of-state enrollment at the university of New Hampshire shall not apply to the following divisions of the university: Thompson school of applied science, summer school and graduate school. Nor shall the limitation apply to students attending the university under reciprocal agreements and contracts with other educational institutions.

187-A:10-a   Consulting Center. The university of New Hampshire consulting center shall be an administrative unit of the university of New Hampshire research office. The consulting center shall report to the director of the research office and, through the director, to the vice president for academic affairs. The purpose of the consulting center shall be:

I.   To promote interaction between the faculty and students of the university of New Hampshire and members of the private sector, nonprofit organizations, and state and local governmental units.

II.   To aid New Hampshire businesses, nonprofit organizations, and state and local governmental units by providing access to the facilities and expertise offered by the university of New Hampshire.

III.   To address the needs of clients, who may be either public or private organizations, by forming project teams composed of faculty and students of the university of New Hampshire. The purpose of the project teams shall be to find solutions to client problems.

IV.   To promote the transfer of technology from the university to New Hampshire businesses and industries.

Other Colleges Within System

187-A:11   State Colleges.

I.   Keene state college is established and made a body corporate and politic and a division of the university system of New Hampshire.

II.   Plymouth state university is established and made a body corporate and politic and a division of the university system of New Hampshire.

II-a.   Granite state college is established and made a body corporate and politic and a division of the university system of New Hampshire and is authorized to award associate, baccalaureate, and masters degrees.

III.   Keene state college and Plymouth state university shall be multipurpose institutions of higher education providing instruction in the liberal arts and sciences and in selected applied fields to better serve the needs of its respective area. Each institution shall continue to provide special instruction in teacher training. Procedures for integrating the various functions of these colleges shall be developed by the board of trustees as the need for integration and coordination arises.

IV.   Keene state college and Plymouth state university are hereby authorized to offer 2-year programs and to award the degree of associate in arts or associate in science to those who successfully complete such programs. Keene state college and Plymouth state university are also authorized to award a baccalaureate degree or a master's degree. Plymouth state university is authorized to award a doctoral degree.

187-A:12   Merrimack Valley College. [Repealed 1985, 140:9, eff. July 1, 1985.]

Administration

187-A:13   Trustees of University System. The general government of the university system and its constituent divisions and institutions shall be vested in a single board of trustees composed as follows and in accordance with the following conditions:

I.   Eight ex officio members: the governor of the state, the chancellor of the university system, the commissioner of agriculture, markets and food, the commissioner of education, the president of the university of New Hampshire, the president of Plymouth state university, the president of Keene state college, the president of the Granite state college.

II.   Ten members appointed by the governor with the advice and consent of the council.

III.

(a)   Two members shall be students enrolled at Keene state college, Plymouth state university, Granite state college, or the university of New Hampshire who shall serve as student trustees, for the term indicated in this paragraph, on a rotating basis in the order listed below:

(1)   One student each from the university of New Hampshire and Plymouth state university.

(2)   One student each from Plymouth state university and Granite state college.

(3)   One student each from Granite state college and Keene state college.

(4)   One student each from Keene state college and the university of New Hampshire.

(b)   The student trustees shall be elected by the student body at the school responsible for providing the student trustees. The term of the student trustees shall be for one year commencing July 1 of the year for which the student was elected and ending June 30 of the next year. Student trustees shall be expected to serve the full duration of their elected term. In the event that a student trustee ceases for any reason to attend the school from which the student was elected, the chancellor of the university system shall declare a vacancy in that student trustee position, and the school causing the vacancy shall elect a replacement student trustee who shall serve for the remainder of the predecessor's term. Graduation of a student trustee shall not constitute a vacancy under this paragraph.

IV.   Four members elected by the alumni of the university of New Hampshire.

V.    One member elected by the alumni of Keene state college.

VI.   One member elected by the alumni of Plymouth state university.

VII.  One member elected by the alumni of Granite state college.

VIII. The senate president or designee from the senate leadership, who shall be a nonvoting member.

IX.    The speaker of the house of representatives or designee from the house leadership, who shall be a nonvoting member.

At all times, 2 members of the board shall be farmers and both major political parties shall be represented on the board.

187-A:14   Terms of Trustees.

I.   The terms of office of the appointed and elected members, except the student member, shall be 4 years. The terms of the elected members and student member, shall end on June 30.

II.   Each member, except the student member, shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment or election in the same manner as the original appointment, except that a vacancy in an alumni trustee position shall be filled in accordance with the bylaws of the alumni association at the institution with which the position is associated.

187-A:15   Operation of the Board of Trustees.

I.   The board shall elect its own chairperson annually;

II.   The board shall choose a secretary, who shall keep a record of proceedings, and a treasurer, who shall give a bond satisfactory to the trustees for the faithful discharge of duties as treasurer. The trustees may, in their discretion, require a bond for any other persons employed by or administering the affairs of the institutions of the university system. Said trustees shall determine the amount and sufficiency of the surety of said treasurer's bond or any other bonds required under this section.

III.   The board shall meet at such times and places as it may determine but shall hold at least one meeting each year at Keene state college and one at Plymouth state university. The chairperson shall call special meetings upon the written request of any 5 members or on the chairperson's own motion;

IV.   Fourteen members shall constitute a quorum for the transaction of business, but not less than 14 affirmative votes shall be required to elect the chancellor of the university system or a college or university president;

V.   Members shall receive no compensation for their services but shall be reimbursed for expenses reasonably incurred by them in the performance of their duties.

187-A:16   Authority of the Trustees. The trustees shall have the management and control of all the property and affairs of the university system of New Hampshire, the university of New Hampshire (including the New Hampshire college of agriculture and the mechanic arts), and all its divisions and departments, the Keene state college, the Plymouth state university, and the Granite state college. They shall not change the name of the Plymouth state university, the Keene state college, or the Granite state college nor shall they cease operating these colleges without legislative authority. It is the intent of the general court that the trustees, when exercising their responsibilities under this chapter, recognize and foster the unique character and educational mission of each institution of the system. To this end, the institutions are to be permitted to operate with the highest measure of autonomy and self-governance, subject to the supervision of the board of trustees. In addition to this general authority, the trustees are authorized to:

I.   Appoint and fix the compensation of a president of the university of New Hampshire, a president of Keene state college, a president of Plymouth state university, and a president of the Granite state college, who shall be the chief academic and administrative officers of their respective institutions. The chief executive officer of each institution shall have the authority for and be responsible for the general administration and supervision of all aspects of the institutional, research and service programs of that institution.

II.   Appoint and fix the compensation and duties of the administrative officers of each component institution of the university system.

III.   Appoint and fix the compensation of a chancellor of the university system who shall serve as the chief executive officer of the university system, as the university system's primary liaison with the general court and other elements of state government, and as chief spokesman for the university system. The chancellor shall serve as chairperson of the administrative board of the university system, leading and coordinating the efforts of the chief officers of the component institutions of the university system, and shall have such other duties as the board of trustees may determine.

IV.   Establish an administrative board, comprised of the chief executive officers of each component institution together with the chancellor of the university system, which shall be the coordinating body for the university system. The board is responsible for recommending and implementing policies and procedures which assist the campus presidents in discharging their responsibilities in such a manner as to provide for maximum institutional initiative and responsibility within a unified university organization.

V.   Appoint and fix the compensation and duties of such other university system administrators as are needed to provide a well coordinated system of public higher education. These system administrators shall provide assistance needed by the component institutions in order to fulfill their individual educational missions and shall provide services which facilitate coordination in order to serve the educational needs of the people of New Hampshire.

VI.   Appoint a faculty of instruction, prescribe their duties, and invest them with such powers for the immediate government and management of each institution as the trustees may deem conducive to the best interests of each institution and the university system.

VII.   Accept legacies and other gifts to or for the benefit of the university or any of its divisions or departments.

VIII.   Accept all moneys accruing to the institutions of the university system, all moneys appropriated by or received from the government of the United States or the state of New Hampshire, all dividends and interest accruing to these institutions, all gifts of securities and property, real and otherwise, all grants and matching funds from any source, and all moneys from sales, tuition fees, admissions and guarantees and from bills receivable.

IX.   Acquire water by purchase, development or otherwise and to construct reservoirs or water towers, erect pumping machinery, lay water mains and pipes, install gates, valves and hydrants.

X.   Furnish and sell water in the town of Durham to manufacturers, private corporations and individuals for fire protection, manufacturing and domestic use, and collect payment or rentals for the same.

XI.   Construct and maintain sewers, culverts, conduits and pipes, with all necessary inlets and appliances for surface, under surface and sewage drainage for the health, comfort and convenience of the inhabitants and the sanitary improvement of the town of Durham, and fix and regulate the price of connection therewith to corporations, firms and individuals.

XII.   Enter into agreements and contract with other colleges and universities for the purpose of further education of any qualified New Hampshire student in fields of study not provided for in the curricula of the university system or any of its divisions or component institutions.

XIII.   Contract with any city or town in this state for the maintenance of practice schools therein in connection with its teacher-trainees and to provide for the payment of such portion of the compensation of the supervising teachers employed in said practice schools as it may deem just and equitable.

XIV.   Authorize the retention by Keene state college or Plymouth state university of the income received and due from all sources, including bequests, trusts, student fees and tuition charges, rents, sales and any other income from whatever source derived, and to authorize the use thereof in such manner as the trustees may determine or as may be provided by law or by the conditions incident to the trusts, gifts and bequests involved.

XV.   Transfer funds among the institutions of the university system, and their divisions and departments, when such action shall appear necessary and in the best interests of the state and the institutions of the university system. The university system shall report the amount and purpose of all transfers of funds from one program appropriation unit of the budget to a different program appropriation unit to the legislative fiscal committee of the general court by November 1 of each year. Copies of such reports shall be sent to the house education committee and the senate education committee.

XVI.   Employ such other persons as may be necessary to carry out the purposes for which the university system and any of its divisions or component institutions have been created and to prescribe their duties.

XVII.   By and with the consent of the governor and council, borrow on the credit of the university system in anticipation of income, for the purpose of forwarding its building program, not exceeding $500,000 in any one fiscal year. All amounts so obtained in any fiscal year shall be repaid from the income of the next succeeding fiscal year.

XVIII.   Establish a differential in the rate of tuition to be charged all in-state and out-of-state students based on the dual legislative policy of:

(a)   Limiting the number of out-of-state students who may attend the university system; and

(b)   Giving due weight to the fact that the support of the university system is substantially dependent upon the legislative appropriations derived from revenue contributed by persons domiciled within the state of New Hampshire.

XIX.   Adopt rules pursuant to RSA 541-A establishing criteria for determining whether students shall be classified as in-state students or out-of-state students for tuition purposes, and to delegate the administration of such rules to a subcommittee or agent. Any student in the university system who is aggrieved by a final determination of the board of trustees or of any subcommittee or agent of the board denying in-state status for tuition purposes may appeal to the superior court in the county in which the particular division of the university involved is located. Such appeal shall be filed within 30 days after the final determination by the board of trustees. In the superior court, the burden of proof shall be on the appellant to show that the determination of the board of trustees is unreasonable or unlawful and all findings by the board or its properly designated subcommittee or agent shall be deemed to be prima facie lawful and reasonable. The determination of the board of trustees shall be set aside only if, on all the evidence, the court is satisfied that it is unlawful or unreasonable according to the policy as set forth in this section, and additional criteria as may be established and published, to the student bodies of the institutions constituting the university system by the board of trustees.

XX.   Enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the reciprocal exchange of students. Such agreement may include provisions for waiver or reduction of out-of-state tuition rates for designated categories of students and may include contractual payments to such out-of-state institutions within the availability of appropriations. The board shall have the power to make such agreements on a continuing basis with mutual credits and offsets which need not be balanced in any given year. One purpose to be accomplished thereby shall be to make available to in-state students of the university system educational facilities not available within the state of New Hampshire in exchange for acceptance by the university system of out-of-state students from jurisdictions where such facilities are made available for New Hampshire students.

XXI.   Acquire all risk insurance to cover donated property, real and personal, and to cover the equipment of New Hampshire public television as may be essential to remain eligible for federal funding of public television, notwithstanding the provisions of RSA 9:27 to the contrary; provided, however, that the costs of such insurance shall be borne by New Hampshire public television from private moneys and that no state funds shall be used for this purpose.

XXII.   Maintain and operate all housing facilities, dining halls or other food service facilities, student unions, and bookstores for students and faculty on all campuses of the university system, and to collect rents from such facilities.

XXIII.   Require every student admitted after December 31, 2012 and receiving the in-state rate of tuition to execute an affidavit attesting he or she is a legal resident of the United States.

XXIV.   Apply for medical and surgical benefits in accordance with RSA 187-A:43.

187-A:16-a   Prohibition on Preferential Treatment and Discrimination.

I.   Within the state college and university system, there shall be no preferential treatment or discrimination in recruiting, hiring, promotion, or admission based on race, sex, national origin, religion, or sexual orientation.

II.   Notwithstanding paragraph I:

(a)   Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.

(b)   Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.

187-A:16-b   Freedom of Association. No institution within the university system of New Hampshire which accepts state funds shall prohibit, as a condition of admission or continued enrollment, any student from becoming a member of any group or organization, nor shall an institution take disciplinary action against a student based solely on the student's membership in a group or organization.

Finances

187-A:17   Investments. The governor, the treasurer of the university system, and 3 members of the board of trustees, to be selected by the board of trustees, shall constitute a finance committee who may, except as provided in RSA 187-A:8, make such changes from time to time in the investment of the funds of the institutions of the university system as their interests, in the committee's judgment, may require.

 

187-A:18   Special Funds for Self-amortizing Projects. The trustees of the university system shall keep the income from each of the following specified facilities in a separate fund for each division or campus of the university system: housing facilities, dining halls and other food service facilities, student unions, and bookstores. From each such fund shall be paid the proportionate part of the annual interest on the state borrowing for the purpose of constructing any of the 4 specified facilities at the particular division or campus, and a like proportionate payment of installments of principal as the same become due until such time as all obligations incurred by the state for any of said 4 facilities at any division or campus have been met. All operating and maintenance expenses of the 4 specified facilities shall be paid from the applicable separate fund.

 

187-A:19   Free Tuition. The trustees of the university system shall furnish free tuition to indigent students, so far as practicable.

 

187-A:20   Tuition Waived. If a person is domiciled in this state while serving in or with the armed forces of the United States and is, after February 28, 1961, reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged or captured by the enemy during the South East Asian conflict, any child of such person, enrolled after August 16, 1981, in the university of New Hampshire, Plymouth state university, or Keene state college shall, so long as said person is so reported, listed, interned, beleaguered, besieged or captured, not be required to pay tuition for attendance at such institutions. Any person entitled to free tuition under this section shall apply to the board of trustees of the university system, and said board may require such proof as they may deem necessary in order for a person to qualify for free tuition under this section.

 

187-A:20-a   Tuition Waived for Children of Certain Firefighters and Police Officers; Room and Board Scholarships.

I.   A person who is a New Hampshire resident, who is under 25 years of age, and who enrolls in a program leading to a certificate, associate, or bachelor degree at any public postsecondary institution within the state shall not be required to pay tuition for attendance at such institution if he or she is the child of a firefighter or police officer who died while in performance of his or her duties, and whose death was found to be compensable pursuant to RSA 281-A.

II.

(a)   Any person entitled to a waiver of tuition under this section may apply for a room and board scholarship while attending the institution, to the extent of available funds. The board of trustees of the university system of New Hampshire and the board of trustees of the community college system of New Hampshire shall have the authority to develop policies for their respective institutions relative to the development of criteria for awarding scholarships, development of scholarship application forms, application deadlines, scholarship amounts, provisions for continuing eligibility, and other procedures necessary to administer the room and board scholarships.

(b)   There is hereby established in the office of the state treasurer a nonlapsing fund to be known as the room and board scholarship fund. The state treasurer shall invest the fund pursuant to RSA 6:8 and earnings shall be added to the fund. The fund shall be continually appropriated to the university system of New Hampshire for the purpose of providing room and board scholarships as provided in this section, and shall not be diverted or used for any other purpose. The board of trustees of the university system of New Hampshire and the board of trustees of the community college system of New Hampshire may apply for and accept gifts, grants, and donations from any source to be used for the purpose of providing room and board scholarships as provided in this section.

III.

(a)   There is hereby established in the office of the treasurer the chancellor's scholarship endowment trust fund which shall be kept distinct and separate from all other funds. The chancellor and trustees of the university system may seek and accept private donations, which shall be credited to the trust fund to provide room and board scholarships for persons who qualify for tuition waivers under this section.

(b)   The state treasurer shall be the trustee of the trust fund established in this chapter and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund.

(c)   All moneys in the trust fund shall be nonlapsing and shall be continually appropriated to the board of trustees of the university system for purposes of providing room and board scholarships under this paragraph.

 

187-A:20-b   Tuition Waiver for Children in State Foster Care or Guardianship.

I.   An eligible individual who enrolls full-time in a program leading to a certificate, associate, or bachelor degree at any public postsecondary institution within the state shall not be required to pay tuition or fees for attendance at such institution.

II.   In this section, an eligible individual is a person who is less than 23 years of age and who is or was:

(a)   In state foster care for the immediate 6-month period prior to his or her 18th birthday;

(b)   In state guardianship or custody at the time of his or her 18th birthday;

(c)   Adopted while in state guardianship or adopted from the care, custody, and control of the department following a surrender of parental rights; or

(d)   In an out-of-home placement under the supervision of the division for juvenile justice services at the time of his or her 17th birthday.

III.

(a)   Eligible individuals interested in a tuition waiver shall annually apply on forms provided and within the deadlines established by the university system of New Hampshire and the community college system of New Hampshire for their respective institutions. No more than 10 tuition waivers per year shall be granted by the university system of New Hampshire and no more than 10 tuition waivers per year shall be granted by the community college system of New Hampshire. The university system of New Hampshire and the community college system of New Hampshire shall have the authority to develop eligibility criteria for their respective institutions designed to give the children with the greatest financial need first priority in the tuition waiver program. Such eligibility criteria shall also include provisions for continuing eligibility based on continued full-time enrollment and satisfactory academic progress as defined by the institution.

(b)   Beginning November 1, 2008, and no later than November 1 each year thereafter, the division of children, youth, and families shall submit a report to the health and human services oversight committee, established in RSA 126-A:13, and the house children and family law committee, or their successor committees, detailing the status of the tuition waiver program.

IV.   An eligible individual may also apply for a room and board scholarship under the provisions of RSA 187-A:20-a, II without having to comply with the provisions of RSA 187-A:20-a, I.

 

187-A:20-c   Waver of Residency Requirement for In-State Tuition For Veterans. A veteran of the armed forces who establishes a residence in New Hampshire shall immediately after establishing such residence be eligible for in-state tuition rates when attending any institution in the university system of New Hampshire.

 

187-A:21   Other Income. The income received and due to the institutions of the university system from all other sources, including bequests, trusts, income from bequests and trusts, student fees and tuition charges, rents, sales, and any other income, from whatever source derived for the institutions of the university system, shall be retained by the treasurer of the university system and be used in such manner as the trustees may determine or as is provided by law or by the conditions incident to trusts, gifts, or bequests.

 

187-A:22   Reports.

I.   The trustees shall file with the governor and council, by November 1 of each year, a report of the operations, progress and financial condition of the university system and its constituent institutions. They shall include in the report an account of improvements made. One copy thereof shall be transmitted to each college endowed under the act of Congress cited in RSA 187-A:5, I; one copy to the Secretary of the Interior; one copy to the legislative fiscal committee; one copy to the house education committee and one copy to the senate education committee.

 

187-A:23   Motor Vehicle Regulations. Other provisions of law notwithstanding, the university system of New Hampshire is hereby directed to adopt the provisions of the state manual of procedure relative to state-owned motor vehicles as promulgated by governor and council as may be amended. The annual report of motor vehicle operations shall also be filed in the same manner and in the same detail as that prescribed for all other state agencies. The university shall purchase compact cars consistent with the policy established for all state agencies.

 

187-A:24   John G. Winant Memorial Foundation. There is hereby established a charitable and educational foundation to be known as the John G. Winant memorial foundation. The purpose of said foundation shall be to administer a fund in memory of the late John G. Winant for aid to needy students at the university of New Hampshire, with special emphasis upon assistance to students majoring in economics and social welfare.

I.   The trustees of the university system of New Hampshire and their successors are hereby constituted the trustees of the foundation. The trustees shall receive no compensation for their services to the foundation, except expenses reasonably incurred by them shall be paid from its funds.

II.   The trustees may receive by gift, grant, devise or otherwise and may hold, possess and enjoy for the purposes of the foundation real and personal estate and shall likewise have the power to invest and reinvest its holdings of real or personal property according to the best judgment of the board of trustees. The income from any property real or personal held by said trustees under the provisions of this section shall be expended for charitable and educational purposes as set forth in this section.

 

187-A:25   Tax Exemption. The property of the university system of New Hampshire and each of its constituent institutions and divisions is exempt from taxation, as provided in RSA 72:23.

 

187-A:25-a   Audit. The governor shall be a member ex officio of each audit committee appointed by the board of trustees. The governor may designate another member of the board of trustees to serve in the governor's place as a member of the audit committee. The board of trustees shall submit to the governor, for concurrence, the board's recommendation with respect to the selection of external auditors. The external auditors selected by the board of trustees shall render their report and findings to the board of trustees, to the governor, and to the legislative fiscal committee. Such auditors shall provide to the governor and to the legislative fiscal committee any information normally provided to the audit committee and shall respond to any request from the governor or from the legislative fiscal committee relative to the financial conditions, operations, and systems of the university that the board reviewed during its audit.

Industrial Research Center

187-A:30   Purpose. To promote the economic well-being of its citizens, the general court finds it desirable to establish an industrial research center at the University of New Hampshire for the purpose of providing a mechanism to promote applied and basic scientific, engineering, and associated marketing research and technological transfer to support the New Hampshire industrial and business community. This center will provide the means for improving the competitiveness of New Hampshire industry and the upgrading and development of new and old products through the support and cooperation of the state with industry and business. The supported research, innovation and technology transfer activities will preserve and increase the number of jobs in New Hampshire.

187-A:31   Grant Program. To carry out the purposes of this subdivision the department of resources and economic development shall enter into a grant program with the university of New Hampshire to establish a Center for Industrial Research at the Durham campus. Through the grant program, the center shall provide applied and basic scientific, engineering, and associated marketing research capability and technology transfer in support of New Hampshire's industrial and business community. The center may pool its funds with those of other entities, either public or private, for the purpose of delivering services to New Hampshire businesses and industries. To be eligible to receive grant-funded services, businesses and industries must have an ongoing business within the state or an announced intention to locate a business in the state.

187-A:32   Oversight Committee; Membership; Duties.

I.   An oversight committee is hereby established to oversee the operations of the center. The committee shall consist of the following members:

(a)   The commissioner of the department of resources and economic development, or designee.

(b)   One member of the house, appointed by the speaker of the house.

(c)   One member of the senate, appointed by the president of the senate.

(d)   The dean of the college of engineering and physical sciences.

(e)   The university's vice-president for research.

(f)   Five members representing business and industry, 3 of whom shall represent small and medium sized businesses, appointed by the governor.

(g)   The associate provost for academic affairs of Dartmouth College.

(h)   One faculty member from Franklin Pierce Law Center's intellectual property, science and technology program, appointed by the law center.

II.   The members of the committee appointed by the governor shall serve 3-year staggered terms. The terms of office for other members of the committee shall be co-terminus with the term of office in the position that qualifies that member to be a member of the committee.

III.   The committee, in consultation with the board of trustees, shall establish criteria and procedures relative to the general operation of the center. Such criteria shall include, but not be limited to, the following:

(a)   Administrative leadership for the center.

(b)   Submission, acceptance and awarding of proposals for funding.

(c)   Cooperative agreements with neighboring states.

IV.   The officers of the committee shall be selected by the committee from its membership.

V.   The committee shall coordinate and cooperate with the appropriate state agencies.

187-A:33   Funding. Any center project utilizing state appropriations except for certain short-term, fee-based activities authorized by the oversight committee, shall match state funds at least dollar for dollar with funds generated by the center from the net income of any of the following operations of the center: the center's research clients, profit and nonprofit organizations, the federal government, or local political subdivisions. In kind and equipment contributions may be accepted as matching funds under criteria established by the committee.

187-A:33-a   Company Default on Matching Funds. In the event that a company defaults on all or a portion of its matching obligations, the state's obligated pro rata portion of the project costs incurred will still be paid to the university to minimize its losses for the work that has already been completed. The university shall notify the state within 45 days of the time a company's matching portion payment has not been received when due.

187-A:33-b   Fees. The industrial research center may assess fees on the business or industry involved with a project of up to 5 percent of the total cost of the project under RSA 187-A:31. The center shall reimburse the university of New Hampshire or Dartmouth College for its administrative expenses incurred out of these fees.

187-A:33-c   Equipment Purchases. Any center project which includes the purchase of equipment shall contain a provision that allows either the company, the university of New Hampshire, or Dartmouth College to retain possession of such equipment when the project is completed and the company has paid its matching share in full. Final disposition of equipment shall be agreed to by the company and the center and approved by the oversight committee in advance of a project starting date. A company which purchases equipment deemed necessary to the conduct of the project may count the purchase price as part of its matching fund requirement.

Inventors Assistance Act

187-A:34   Statement of Purpose. The general court recognizes the numerous benefits to the state's economic base from the establishment of businesses by inventors and the numerous benefits provided by inventors which include industrial diversification, broadening of the economic base, a great proliferation of jobs, providing financial benefits to our citizens through a greatly expanded tax base, and new products and processes for the nation's consumers. A great number of inventions are never authoritatively considered primarily because inventors are unfamiliar with the business environment or financial structure necessary for implementing their proposals. The general court, therefore, recognizes a need to encourage and assist inventors and, at the same time, to position this state as a leader in advanced and high technology and to foster a climate for those leaders of this state, the nation and the world.

187-A:35   Program Established.

I.   A program to provide assistance to inventors shall be established at the industrial research center at the University of New Hampshire at Durham. The center shall develop, implement, publicize, and operate the program within the limits of available resources and in a manner which will give greatest effect to the purposes of the program. In so doing the center may charge a reasonable fee for proposals submitted. The administrative head of the program shall be the executive director of the industrial research center. The administrative head shall be responsible to the oversight committee established in RSA 187-A:32.

II.   With the prior approval of the committee, which approval shall include the affirmative votes of both senate and house representatives on that committee, the administrative head may elect to provide services to specific inventors or persons with intellectual property for the purposes of assisting such inventors or persons in the development of the invention or intellectual property. The assistance may include limited patent searches, patent applications, copyright registration, market analysis, product or process research and development, assistance in obtaining financing, including financing from private sources, and business counseling. The administrative head shall establish guidelines relative to the provision of services and governing the choice of services offered to individual persons, which guidelines will be approved by the committee.

III.   No offer of assistance made by the center under this section to any person shall be taken to create a contractual obligation, either express or implied, on the part of the center to do any act or thing on behalf of the person.

187-A:36   Annual Report. The center shall submit an annual report on or before December 31 of each year to the governor, the governor's executive council, and the oversight committee established in RSA 187-A:32. The report shall include statistics for the following:

I.   Proposals submitted for review and evaluation.

II.   Proposals accepted for development and the number rejected.

III.   Products receiving patents.

IV.   Products developed to the commercial stage.

V.   Jobs created and preserved as a result of the manufacturing, marketing, packaging, warehousing, and distribution of products.

187-A:37   Inventors Assistance Program Fund. [Repealed 2002, 254:5, VI, eff. July 1, 2002.]

Public Higher Education Study Committee

187-A:26   (Repealed)

187-A:26-a   (Repealed)

187-A:27   (Repealed)

187-A:28   (Repealed)

187-A:28-a   Public Higher Education Study Committee. Educational opportunity in New Hampshire must involve all the components of education. The general court acknowledges that education does not start or end at any particular point. There is hereby established a permanent public higher education study committee for the state of New Hampshire. The study committee shall be composed of 8 members and shall examine the goals, purposes, organization, and financing of public higher education in New Hampshire, and shall evaluate and make recommendations on the university of New Hampshire, Plymouth state university, Keene state college, Granite state college, and the regional community-technical college system.

187-A:28-b   Membership. The committee shall be appointed as follows: 3 senators, including the chairperson of the senate education committee and a member of the senate finance committee, by the president of the senate; 5 representatives, including the chairperson and at least 2 other members of the house education committee and a member of the house finance committee, by the speaker of the house of representatives. The chair of the study committee shall rotate biennially between the chairperson of the house education committee and the chairperson of the senate education committee. A member shall only serve while a member of the general court. The members shall not be entitled to any salary but are entitled to reimbursement for mileage and other expenses incurred in carrying out their duties. The committee may hire necessary consultants and professional or clerical personnel.

187-A:28-c   Duties.

I.   The committee shall study, among other things, the following:

(a)   The operation of public higher education.

(b)   The goals and purposes of public higher education.

(c)   The organization of public higher education.

(d)   The size of public higher education.

(e)   The financing of public higher education.

(f)   Any other areas which will act as a guide to the legislature and trustees in formulating policies for the future.

(g)   The economic effects of student activities on higher education campuses as reported in studies by the university system of New Hampshire and municipalities. The committee shall study possible solutions and recommend legislation. Possible solutions for the committee to study include payments to the municipalities by institutions of higher education in lieu of taxes; additional fees or assessments; and any other remedy suggested by the municipalities affected by higher education campuses.

I-a.   In addition to the duties set forth in paragraph I, the committee shall study the feasibility of granting state franchise rights to the providers of on-line education courses which may include but is not limited to, the institutions of the university system of New Hampshire and the regional community-technical college system. The committee may consult with any individual or organization with information or expertise relevant to this aspect of the committee's duties.

II.   The committee shall act as liaison between the university system, the regional community-technical colleges, the general court, and the public to promote better understanding and communications between public higher education, the general court, and the public.

III.   The committee shall hold at least 4 meetings per year to be called by the chairperson.

187-A:28-d   Report and Recommendations. The committee shall submit a report to the general court by January 15 of each year. Copies of the report shall be submitted to the governor and council, the senate finance and education committees, the house of representatives finance and education committees, the board of trustees of the university system, the commissioner of the regional community-technical college system, and to any other individual or organization as the committee deems advisable.

Selective Service Registration Awareness and Compliance Act

187-A:38   Title. This subdivision shall be known as the Selective Service Registration Awareness and Compliance Act.

187-A:39   Application.

I.   No person who is not in compliance with the Military Selective Service Act as provided in 50 U.S.C. app. section 451 et seq. shall:

(a)   Be permitted to enroll in a state-supported institution of postsecondary or higher education.

(b)   Be eligible to receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education supported by state revenue, including federal funds, gifts, or grants accepted by the state, or to receive a student loan guaranteed by the state.

(c)   Having attained the age of 18 years, be eligible for employment by or service to the state or any political subdivision of the state, including all state boards, commissions, departments, agencies, and institutions.

II.   A person who has authorized the department of safety to submit information to the Selective Service System pursuant to RSA 263:5-c shall be considered to be in compliance with the Selective Service Act for purposes of this section.

187-A:40   Responsibility for Compliance. It shall be the duty of any official having charge of or authority over the hiring of employees by the state or its political subdivisions, and over state supported institutions of postsecondary higher education, and over decisions relating to the granting of state-supported financial assistance for postsecondary higher education as described in this subdivision, to assure themselves that applicants are in compliance with the provisions of RSA 187-A:39.

187-A:41   Exceptions. The provisions of this subdivision shall not apply if:

I.   The requirement for the person to register under the Military Selective Service Act has terminated, or otherwise become inapplicable to such person; or

II.   The person is serving or already has served in the military, or has a condition that would, under military rules and regulations, preclude military service.

New Hampshire Estuaries Project

187-A:42   New Hampshire Estuaries Project. The university of New Hampshire shall administer the New Hampshire estuaries project.

Medical and Surgical Benefits

187-A:43   Medical and Surgical Benefits; University System of New Hampshire. The university system of New Hampshire may participate in the state group health insurance plan if the board of trustees applies for such benefits to the commissioner of the department of administrative services in writing. Upon receipt of the application, the commissioner shall conduct a cost analysis pursuant to paragraph VI and shall seek legislation authorizing application of such benefits and provided further that:

I.   The university system of New Hampshire agrees to accept the terms of the state group health insurance plan that is collectively bargained every 2 years by the department of administrative services.

II.   The board of trustees, when applying in writing, shall agree that these benefits shall apply to all employees and no other group health insurance plans shall be offered by the system while employees are part of the state group health insurance plan.

III.   The university system shall pay all associated administrative costs of managing university system employee and dependent participation, including any periodic cost increases, additional department of administrative services staff requirements, reserve adjustments and reserve requirements.

IV.   The university system agrees to maintain current employee records including eligibility and enrollment data as required by the department of administrative services.

V.   The university system agrees to remain in the state group health insurance plan for a minimum of 5 years from the date of entry.

VI.   Cost analysis, including costs associated with the risk management unit staff, shall be paid for by the university system. The university system shall pay all associated costs of transferring data into the state group health insurance plan and all costs associated with data collection, data manipulation associated with transferring from one plan to another, and costs of university system changes, including staff costs.

VII.   The university system shall provide to the risk management unit a file of medical and pharmaceutical claims for the previous 2 years which shall not contain any personally identifiable information.