N.H. Code Admin. R. Res 8404.04 - Terms of Ownership

(a) No equipment previously purchased through the grant-in-aid program shall be sold or traded by a grantee except as follows:

(1) For class 1 or 2 equipment previously purchased through the GIA program, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if the equipment has been in the possession of the club for 7 years from the date of the purchase;

(2) For any equipment that was in new condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

a. The equipment has been in the possession of the club for 7 years from the date of purchase; and

b. The equipment has had 3000 hours of operation;

(3) For any equipment that was in used condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

a. The equipment has been in the possession of the club for 5 years from the date of purchase; and

b. The equipment has had 1300 hours of operation;

(4) For any trail grooming or maintenance implements purchased through the GIA program, the club may sell or trade the implement and the state shall no longer claim an interest in the property if the implement has been in the possession of the club for 7 years from the date of purchase;

(5) If (1), (2), (3), and (4) above do not apply, and the equipment is no longer being used to provide trail maintenance or grooming services on trails used by the general public, then the club may sell the property provided that upon receipt of the sale proceeds the club shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

(6) For any equipment owned by a club that ceases to participate in the GIA program, maintain public trails, disbands without reforming, or disbands without being absorbed into another participating organization, and to which (1) through (5) do not apply, the club shall:

a. Give the bureau the first opportunity to purchase the equipment for the non-GIA proportion of the equipment's value; and

b. If the bureau does not purchase the property pursuant to (a) above, reimburse the GIA program a portion of the sale price in the same proportion as the bureau funded the initial sale price;

(7) If a piece of equipment is replaced in violation of (1) through (6), above, then the replacement equipment shall be subject to the same terms and conditions set forth upon the original grant funded equipment for the remainder of the time period during which the club could not sell or trade that equipment without further violating 8404.04;

(b) The State of New Hampshire shall retain an interest in the form of a lien on any and all equipment purchased through the grant-in-aid program. The Bureau shall file a financing statement with the Secretary of State pursuant to RSA 382-A:9. The financing statement shall:

(1) Describe the equipment subject to the lien;

(2) Identify the club that owns the equipment; and

(3) Identify the State of New Hampshire as the secured party.

Notes

N.H. Code Admin. R. Res 8404.04

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

New. #7238, eff 5-1-00, EXPIRED: 5-1-08

New. #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08

Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10850, Effective 6/17/2015, Expires6/17/2025.