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Full text of "Laws of the State of New Hampshire"

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UniversiU) of 
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Library 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1961 

LEGISLATURE CONVENED JANUARY 4, 1961 

ADJOURNED JULY 1, 1961 




CONCORD, N. H. 
1961 



WH 



Printed by 

Evans Printing Company, Inc. 

Concord, N. H. 



Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor Wesley Powell 

Councilors Philip A. Robertson 

Andrew H. Jarvis 
Roofer E. Brassard 
Harold Weeks 
James H. Hayes 

Adjutant General Francis B. McSwiney 

Aeronautics Commission, N. H. 

Director W. Russell Hilliard 

Agriculture, Commissioner of Perley I. Fitts 

Attorney-General Gardner C. Turner 

Deputy Attorney-General Maurice J. Murphy 

Assistant Attorneys-General Elmer T. Bourque 

William F. Cann 
Frederic T. Greenhalge 
William J. O'Neil 

Charitable Trusts, Director of .... Ernest R. D'Amours 

Bank Commissioner Harrison S. King 

Deputy Commissioner James W. Nelson 

Cancer Commission, State George W. Boynton 

Joseph W. Epply 
Joseph N. Friborg 
Frank Wesley Lane, Jr. 
James W. Jameson 

Comptroller Leonard S. Hill 

Education, Commissioner of Charles F. Ritch, Jr. 

Fire Control, State Board 

State Fire Marshal Aubrey G. Robinson 

Fish and Game Department, Director Ralph C. Carpenter, 2d 

V 



vi State Officers 

Forestry a)id Recreation Department 

State Forester William H, Messeck, Jr. 

Director of Recreation Russell B, Tobey 

Health Department, State 

State Health Officer Edward W. Colby 

Deputy State Health Officer Mary M. Atchison 

Registrar of Vital Statistics Marian Maloon Colby 

Insurance Commissioner Donald Knowlton 

Deputy Commissioner Simon M. Sheldon 

Judicial Council Frank R. Kenison 

John H. Leahy 
Harry C. Lichman 
Robert W. Upton 
Maurice F. Devine 
H. Thornton Lorimer 
Edward }. Gallagher 
Robert E. Farley 
Donald R. Bryant 

Labor Commissioner Robert M. Duvall 

Deputy Labor Commissioner Ruth G. Morgan 

Employment Security 

Division, Commissioner Benjamin C. Adams 

Employment Service Bureau, 

Director Francis Tucker 

Unemployment Compensation 
Bureau, Director William C. Chamberlin 

Library Commission, State Robert B. Dishman 

John P. Wright 
Charlotte Morrison 
Elwin L. Page 
Addie E. Towne 

State Librarian Mildred Peterson McKay 

Assistant State Librarian Emil W. Allen, Jr. 

Liquor Commission, State Franklin Flanders 

William A. Styles 
Costas S. Tentas 



State Officers 

Milk Control Board Eralsey C. Ferguson 

Mabel LaMontagne 
Royal W. Smith 

Motor Vehicle Commissioner Kennard E. Goldsmith 

Deputy Commissiojier Joseph C. Duranty 

Director of Safety Ralph V, Gould 

Road Toll Administrator Johi^ S. Mara 

Personnel Coinmission, Director .... Roy Y. Lang 

Planning and Development 
Commission, State 
Promotion Director John Brennan 

Industrial Director Winfred L. Foss 

Planning Director Mary Louise Hancock 

Police, State, Superintendent Ralph W. Caswell 

Probation, Board of Amos N. Blandin, Jr. 

Ada C. Taylor 
Richard F. Cooper 

Director Francis C. Reagan 

Public Utilities Commission Warren E. Waters 

Edward R. Thornton 
Frederick N. Clarke 

Public Welfare, Commissioner of . . . James J. Barry 

Public Works and Highiuays, 

Commissioner of John O. Morton 

Deputy Commissioner Robert H. Whitaker 

Assistant Commissioner J. Harold Johnson 

Purchase and Property, Director .... Richard N. Peale 

Racing Commission, State Kenneth E. Shaw 

Emmet J. Kelley 
Lyle E. Hersom 

Secretary of State Robert L. Stark 

Deputy Edward C. Kelley 



Vll 



viii State Officers 

State Buildings ajid Grounds, 

Superintendent Wayne B. Elwell 

Tax Commission, State Lawton B. Chandler 

Oliver W. Marvin 
John B. Evans 

Treasurer, State Alfred S. Clones 

Deputy Philip D. Mclnnis 

Veterans Council, State Director Charles R. Cunningham 

Water Resources Board, 

Chairman Walter G. White 



Courts ix 



SUPREME COURT 

Chief Justice Frank R. Kenison 

Associate Justices Amos N. Blandin, Jr. 

Laurence I. Duncan 
Edward J. Lampron 
Stephen M. Wheeler 

State Reporter George O. Shovan 



SUPERIOR COURT 

Chief Justice John H. Leahy 

Associate Justices George R. Grant, Jr. 

Robert F. Griffith 
William A. Grimes 
Dennis E. Sullivan 
William W. Keller 
Thomas J. Morris 



THE LEGISLATURE OF 1961 

SENATE 

President — Samuel Green, Manchester 
Clerk — Benjamin F. Greer, Grasmere 
Counsel to the Senate — Arthur G. Marx, Alstead 
Senate Recorder — Esther T. Hurd, Concord 
Sergeant-At-Arms — Nathan A. Tirrell, Goffstown 
Messenger — Maurice F. Youmans, Warner 
Assistant Messenger — Richard McCarty, Manchester 
Doorkeeper — Daniel Cronin, Manchester 



SENATORS 



Laurier Lamontagne, Berlin 
Arthur M. Drake, Lancaster 
Norman A. McMeekin, Haverhill 
Howard P. Sawyer, Brookfield 
Robert S. Monahan, Hanover 
Edith B. Gardner, Gilford 
James C. Cleveland, New London 
Marion L. Phillips, Claremont 
Philip S. Dunlap, Hopkinton 
Charles C. Eaton, Stoddard 
Robert English, Hancock 
Nelle L. Holmes, Amherst 



Louis W. Paquette, Nashua 
John E. Bunten, Dunbarton 
Charles H. Cheney, Sr., Concord 
Samuel Green, Manchester 
Marye Walsh Caron, Manchester 
Paul E. Provost, Manchester 
Paul H. Daniel, Manchester 
Lucien E. Bergeron, Rochester 
Thomas C. Dunnington, Dover 
Frank T. Buckley, Deny 
Nathan T. Battles, Kingston 
Cecil Charles Humphreys, New Castle 



HOUSE OF REPRESENTATIVES 

Speaker — Stewart Lamprey, Moultonborough 

Clerk — Francis W. Tolman, Nelson 

Assistant Clerk — ^John M. Street, Sharon 

Sergeant-at-Arms — Lloyd E. Fogg, Milan 

Chaplain — Rev. J. W. Pennington, Concord 

Counsel to the House — R. Wayne Crosby, Hillsborough 

Custodian of Mail and Supplies — Forrest A. Bucklin, Laconia 

Doorkeeper — Bertha E. Boutwell, Concord 

Doorkeeper — Harry J. A, Robinson, Dover 

Doorkeeper — Herbert R. Richardson, Randolph 

Doorkeeper — Florence M. Gould, Wentworth's Location 

Doorkeeper — George Young, Campton 



The Legislature of 1961 



XI 



ROCKINGHAM COUNTY 



Atkinson, George W. White, Sr., r. 
Auburn, Margaret A. Griffin, r. 
Brentwood, Mary T. Vey, r. 
Candia, Karl J. Persson, r. 
Chester, Victor B. Spollett, r. 
Danville, George H. Deming, r. 
Deerfield, Walter B. Scott, r. 
Derry, Cliarles H. Gay, r. 

Hayford T. Kimball, r. 

John L. Scott, r. 

James H. White, r. 
East Kingston, Guy E. Nickerson, r. 
Epping, John D. Hackett, r. 
Exeter, Lyman E. Collishaw, r. 
Edwin W. Eastman, r. 
James A. Purington, r. 
James A. Tufts, Jr., r. 
Fremont, William B. Wylie, r. 
Greenland, Edna B. Weeks, r. 
Hampstead, Doris Spollett, r. 
Hampton, Herbert A. Casassa, r. 

Douglass E. Hunter, r. 
Kingston, Ernest D. Clark, r. 
Londonderry , Howell F. Shepard, r. 
New Castle, T. Wade Jenkins, r. 
Newington, Gordon D. Hislop, r. 
Newmarket, F. Albert Sewall, d. 
John Twardus, d. 



Neiuton, George L. Cheney, r. 
North Hampton, George G. Carter, r. 
Northwood, Ernest L. Pinkham, r. 
Nottingham, Arthur W. McDaniel, r. 
Plaistow, Mildred L. Palmer, r. 
Portsmouth, 

Ward 1, Timothy J. Driscoll, d. 

William F. Keefe, d. 
Ward 2, Raimond Bowles, r. 

Henry S. Murch, Jr., r. 
Ernest E. Stafford, r. 
Ward 3, C. Cecil Dame, r. 

Clayton E. Osborn, r. 
Ward 4, Melvin H. Chandler, r. 

Julia H. White, r. 
Ward 5, Edward J. Ingraham, d. 

Edna K. White, r. 
Ward 6, Charles W. Carkin, r. 
Amelia H. Cross, r. 
Raymond, Calvin J. Langford, r. 
Rye, Elizabeth A. Greene, r. 
Salem, William A. Magoon, r. 
Leonard B. Peever, r. 
Marjorie L. Roulston, r. 
Seabrook, Myron B. Felch, r. 
Stratham, Nelson E. Barker, r. 
Windham, Thomas Waterhouse, Jr., r. 



STRAFFORD COUNTY 



Barrington, Dorothy B. Berry, r. 
Dover, 

Ward 1, Alice F. Blanchette, d. 
Max W. Leighton, r. 
Guy M. Wiggin, r. 
Ward 2, Frank J. Grimes, d. and r. 

Patrick N. H. O'York, d. 
Ward 3, Carroll E. Fellows, r. 

Philip T. Stonemetz, r. 
Ward 4, William E. Colbath, r. 
Paul G. Karkavelas, r. 
Harriett W. B. Richardson, r. 
Ward 5 , Emmet J. Flanagan, d. 
Durham, Laurence A. Bevan, r. 
L. Franklin Heald, r. 
Albert D. Littlehale, r. 
Farmington, Robert B. Drew, r. 
George Oilman, r. 
Lee, Shirley M. Clark, r. 
Madbury, Eloi A. Adams, r. 



Milton, *Warren H. Reid, r. 
Rochester, 

Ward 1, Ernest Rolfe, r. 

Ward 2, Maurice E. Marsan, r. 
Fred Maxfield, r. 

Ward 3 , Sumner W. Watson, d. 

Ward 4 , George J. Potvin, d. 

Angeline M. St. Pierre, d. 

Ward 5 , Harry S. Johnson, r. 

Ward 6, Arnold T. Clement, r. 
Edgar G. Varney, r. 
Rollinsford, Fred L. Green, r. 
Somersworth, 

Ward 1, Sarkis N. Maloomian, d. 

Ward 2, Napoleon A. Habel, d. 

Ward 3, Clovis Joseph Cormier, d. 

Ward 4, Arthur J. Vincent, d. 

Ward 5, Leon J. Littlefield, d. 
Strafford, Eugene H. Wyatt, r. 



Xll 



The Legislature of 1961 



BELKNAP COUNTY 



Alton, Arthur S. Rollins, r. 
Bnrnstead, Arthur H. McAllister, r. 
Belmont, Lyle N. Watson, y. 
Center Harbor, L. Keith Matheson, r. 
Gilford, Marion M. Lord, r. and d. 
Gilmanton, William T. Robertson, r. 
Loconia, 

Ward 1, Rene C. Lacaillade, r. 
Walter D. McCarthy, r. 

Ward 2, Walter A. Harkins, d. 
Paul L. Normandin, d. 

Ward 3, Ellis J. Ayre, r. 



Ward 4, Oscar C. Prescott, r. 

Frederick B. Stothart, r 
Ward 5, Lucien R. Dulac, d. 

David O'Shan, r. 
Ward 6, Charles K. Jones, r. 

Donald W. Maclsaac, r. 
Meredith, Stuart B. Allan, r. 
Joseph F. Smith, r. 
New Hampton, H. Thomas Urie, r. 
Sanbornton, Olin A. Joslyn, r. 
Tilton, Herbert E. Howe, r. 



CARROLL COUNTY 



Bartlett, Earle W. Chandler, r. 
Conway, Esther AL Davis, r. 

Carroll A. Hill, r. 

Milburn F. Roberts, r. 
Effingham , John G. Thompson, r. 
Madison, Percy Blake, Jr., r. 
Moultonborough, Stewart Lamprey, r. 



Ossipee, John H. Taylor, r. 
Sandwich, Mary S. Brown, r. 
Tamworth, George R. Nickerson, r. 
Tuftonboro, J. Edward Kurth, r. 
Wakefield, Arthur H. Fox, r. 
Wolfeboro, Leslie M. Chamberlain, r. 
Russell G. Claflin, r. 



MERRIMACK COUNTY 



Allenstown, Narcisse V. Guilbeault, d. 
Andover, Victor E. Phelps, d. 
Boscaivcn, George D. Kenevel, r. and d. 
Bow, Richard D. Hanson, r. 
Bradford, Reuben S. Moore, r. and d. 
Canterbury, William D. Asby, r. 
Chichester, John B. Hutchinson, r. 
Concord, 

Ward 1, John M. Allen, r. 

Edward H. York, d. 
Ward 2, Alice Davis, r. 
Ward 3, Arthur F. Henry, r. 
Ward 4, Alfred J. Audet, r. 
Harold C. Gibson, r. 
Stuart Hancock, r. 
Ward 5, James C. Bingham, r. 

John B. Seamans, r. 
Ward 6, George W. Lovejoy, d. 
Herbert Quinn, r. 
* Ernest W. Saltmarsh, r. 
Horace W. Sanders, r. 
Ward 7, Harold L. Barnard, r. 
William P. Gove, r. 
Paul B. Maxham, r. 
Henry C. Newell, r. 



Ward 8, Donald J. Welch, r. 
Ward 9, Thomas B. Jennings, r. 
Pasquale V. Rufo, r. 
Danbury, Andrew R. Brown, r. 
Dunbarton, John W. McKay, r. 
Epsom, Henry L. Stevens, r. 
Franklin, 

Ward 1, Leslie N. Boomhower, r. 
Ward 2, Eugene S. Daniell, Jr., d. 

Wiggin S. Oilman, d. 
Ward 3, Peter P. Charland, d. 
John P. Dempsey, d. 
Henniker, Lewis H. Carpenter, r. 
Hooksett, Rutger Broek, r. 

John B. Mulaire, r. 
Hopkinton, William L. Newell, r. 
Loudon, George B. Brown, r. 
New London, M. Roy London, r. 
North field, Doris L. Thompson, r. and d. 
Pembroke, Robert E. Plourde, d. 

George D. Thibeault, d. 
Pittsfield, Ralph W. Brewster, r. 
Harriet B. Tarrant, r. 
Sutton, Edwin H. Keith, r, 
Warner, L. Waldo Bigelow, Jr., r. 



The Legislature of 1961 



xiu 



HILLSBOROUGH COUNTY 



Amherst, Orson H. Bragdon, r. 
Antrim, Ellerton H. Edwards, r. 
Bedford, Ralph M. Wiggin, Sr., r. 
Bennington, Theodore Aucella, r. 
Brookline, Grover C. Farwell, r. and d. 
Goffstown, F. Arthur Bartlett, d. 

A. Kenneth Hambleton, r. 
Rufus L. Jennings, r. 
Elmer B. Nickerson, r. 
Greenville, Alexander M. Taft, r. 
Hancock, Julius Q. Pickering, r. 
Hillsborough, Joseph M. Eaton, r. 
Hollis, Daniel Brocklebank, r. 
Hudson, Thomas J. Claveau, d. 

Christopher F. Gallagher, d. and 

r. 
George J. Provencal, d. 
Lyndeborough, Edward G. Warren, r. 
Manchester, 

Ward 1, Greta M. Ainley, r. and d. 
George A. Lang, r. 
James Pettigrew, r. 
Emile J. Soucy, r. 
Ward 2, Edward I. Carmen, r. and d. 
Joseph H. Geisel, r. 
Henry F. Goode, r. 
James L. Mahony, d. 
John Pillsbury, r. 
Ward 3, George A. Bruton, d. and r. 
Nick Hart, d. and r. 
James F. Hayes, d. 
Louis Israel Martel, d. 
Ward 4, Walter J. Burke, d. 

William J. Cullity, d. 
Thomas F. Nolan, d. 
Ward 5, Stanley J. Betley, d. 

Herbert Pat Linehan, d. 
Thomas E. Manning, d. 
Joseph J. Szelog, d. 
Edward J. Walsh, d. 
Ward 6, Denis F. Casey, d. 

Edward D. Clancy, d. 
Claude E. Dupont, d. 
Joseph F. Ecker, d. 
Daniel J. Healy, d. 
Michael F. O'Connor, d. 
Ward 7, Edward T. LaFrance, d. 
Charles J. Leclerc, d. 
♦Francis P. Plante, d. 
Alonzo J. Tessier, d. 
Ward 8, Joseph T. Compagna, d. 
William A. Cote, d. 
William H. Craig, Jr., d. 



Eugene Delisle, Sr., d. 

Edward C. Healy, d. 
Ward 9, Beatrice Beaulieu Gary, d. 

Edward W. Morris, d. 
Ward 10, Gerard H. Belanger, d. 

Alfred A. Bergeron, d. 

John J. Kearns, d. 

John W. King, d. 
Ward 11, George J. Hurley, d. 

Maurice H. Noel, d. 

John M. Roche, d. 
Ward 12, Alfred J. Dumas, d. 

Joseph Lemay, d. 

Alphonse Levasseur, d. 

Joseph C. Nalette, d. 
Ward 13, Edmond Allard, d. 

Rolland Chapdelaine, d. 

Charles E. Daniel, d. 

Origene E. Lesmerises, d. 

Hector J. Rousseau, d. 
Ward 14, *Roger J. Crowley, Sr., d. 

Willibert Gamache, d. 

Marcel A. Vachon, d. 
Merrimack, Edward J. Haseltine, r. 
Milford, David Deans, Jr., r. 

William M. Falconer, r. 
Charles P. Hayward, r. 
Mont Vernon, William B. Buckley, r. 
Nashua, 

Ward 1, Martha Cole, r. 

Mabel Thompson Cooper, r. 

James R. Milliken, r. 

George W. Underbill, r. 
Ward 2, George A. Dionne, d. 

Theodore W. Rosedoff, d. 
Ward 3, Agenor Belcourt, d. 

Paul Kirkorian, d. 
Ward 4, Cornelius Brosnahan, d. 

Frank J. Sullivan, d. 
Ward 5, Albert Maynard, d. 

George S. Pappagianis, d. 
Ward 6, John B. Dionne, d. 

Ernest Marcoux, d. 
Ward 7, Ralph W. Boisvert, d. 

Arthur Chartrain, d. 
Samuel L. Mason, d. 
Ward 8, Oscar P. Bissonnette, d. 

Arthur Bouley, d. 

Alfred P. Grandmaison, d. 

William O. Lavallee, d. 
Frank C. Sabluski, d. 
Ward 9, Paul E. Bouthillier, d. 
♦Joseph E. Houde, d. 



XIV 



The Legislature of 1961 



New Boston, Edward F. Locke, r. 
Neiv Ipswich, Theodore H. Karnis, r. 
Pelham, Ardiur H. Peabody, d. 
Peterborough, Walter R. Peterson, Jr., r. 
Benjamin M. Rice, r. 



Temple, Herbert A. Willard, r. 
Weare, Scott F. Eastman, d. and r. 
Wilton, George G. Draper, Sr., r. 



CHESHIRE COUNTY 



Alstead, Ralph W. Totman, r. 
Chesterfield, James E. O'Neil, r. 
Dublin, Belle F. Gowing, r. 
Fitz-william, \Villiam J. \Vatkinson, r. 
Gilsum, Arthur F. Turner, r. 
Harrisville, John N. Clark, d. 
Hinsdale, Clifford D. Stearns, r. 
Jaffrcy, Wilfred W. Cournoyer, d. 
Raymond J. Desmarais, d. 
Keene, 

Ward 1, Charles P. Haley, r. 

Jeremiah J. Keating, d. 
Roy L. Terrill, r. 
Ward 2, *James E. McCullough, r. 

Clarence H. Parker, r. 
Ward 3, Frank J. Bennett, r. 
Edward E. Brown, r. 



Ward 4, Ellen Faulkner, r. 

James B. Miskelly, r. 
Ward 5, Walter P. Kretowicz, d. 

Laurence M. Pickett, d. and r. 
Marlborough, Wallace B. Oliver, r. 
Rindge, James F. Allen, r. 
Surry, Robert M. Grain, r. and d. 
Swanzey, Jacob M. Hackler, r. 

Joseph Kershaw, r. 
Troy, Robert H. Congdon, d. 
Walpole, Louis S. Ballam, r. and d. 

Robert L. Galloway, Sr., r. 
Westmoreland, George S. Wildey, Ind. 
Winchester, Forest A. Frost, r. 
John B. Sawyer, r. 



SULLIVAN COUNTY 



Acworth, Glenn N. Bascom, r. 
Charlestown, Martha McD. Frizzell, r. 
Claremont, 

Ward 1, Chauncey L. Cann, d. 
William L. Gaffney, d. 
Leroy H. Prudhomme, d. 
Ward 2, George W. Angus, r. 
Allan P. Campbell, r. 
Sam J. Nahill, r. 
Ward 3, Arthur W. Barrows, d. 

Carmine F. D'Amante, d. 
Alton G. Desnoyer, d. 



Cornish, Charles E. Guest, Sr., r. 
Croydon, Margaret L. Weber, r. 
Goshen, Stanley H. Williamson, r. 
Neioport, Elsie C. Bailey, d. 

Maurice J. Downing, d. 

Jesse R. Rowell, r. 

*Joseph D. Vaughan, r. 
Plainfield, Tracy M. Spalding, r. 
Sunapee, George R. Merrifield, r. and d. 
Unity, Margaret B. DeLude, r. and d. 



GRAFTON COUNTY 



Ashland, Ernest J. Paquette, r. 
Bath, Arthur H. Gilbert, Sr., r. 
Bethlehem, Malcolm J. Stevenson, r. 
Bristol, Bowdoin Plumer, r. 
Campton, Philip S. Willey, r. and d. 
Canaan, Joseph C. Chandler, r. 
Ellsworth, * Phoebe Downing Powers, r. 
Enfield, Walter C. Morse, d. 
Franconia, Ernest F. Johnson, r. and d. 



Grafton, A. Stuart Gage, r. 
Hanover, John P. Bowler, r. 

Elizabeth W. Hayward, r. 

Fletcher Low, r. 

Genevieve S. Neale, d. 
Haverhill, Paul I. LaMott, r. 

Wilfred J. Larty, r. and d. 
Holderness, Herbert H. Karsten, r. 



The Legislature of 1961 



XV 



Lebanon, 

Ward 1, Arthur F. Adams, r. 

George H. Beard, r. and d. 
Ward 2, Ernest R. Coutermarsh, d. and 
r. 
Mary E. Demers, d. 
Ward 3, J. Daniel Porter, r. 

Gladys L. Whipple, r. 
Lincoln, George M. McGee, Sr., d. and r. 
Lisbon, Rita Collyer, r. 
Littleton, L. Fay Burrill, r. 
Robert C. Hill, r. 
Eda C. Martin, r. 



Lyme, Harold W. Haskins, r. and d. 
Orford, Charles L. Cushman, d. 
Piermont, Meda L. Kinghorn, d. and r. 
Plymouth, Kenneth G. Bell, r. 

Suzanne Loizeaux, r. 
Riimney, Jesse A. Barney, r. 
Thornton, Richard L. Bradley, r. 
Warren, Fayne E. Anderson, r. 
Woodstock, St. Clair A. Berringer, r. 



COOS COUNTY 



Berlin, 

Ward 1, Guy J. Fortier, d. 

Philip H. Perrault, d. 
Edgar J. Roy, d. 
Ward 2, Romeo A. Desilets, d. 

Frank H. Sheridan, d. and r. 
Ward 3, Raymond Dumont, d. 

Fay Vashaw, d. 
Ward 4, Arthur A. Bouchard, d. 
Jennie G. Fontaine, d. 
Rebecca A. Gagnon, d. 
Carroll, Ovila L. Ledoux, r. 
Colebrook, Harry N. Marsh, r. 
Columbia, Lovell V. Oakes, r. 



Dalton, William O. Emerson, r. 
Gorham, Frank L. Crockett, r. and d. 

George W. W. Graham, r. 
Jefferson, Phyllis A. Kimball, r. 
Lancaster, Louis E. Bragg, r. and d. 

*Walter E. Swett, r. and d. 
Milan, *R. Wilbur Potter, r. 
Northumberland, Walter O. Bushey, d. 
Natalie M. Potter, r. 
and d. 
Pittsburg, Harvey H. Converse, r. 
Stewartstoion, Darwin M. Brooks, r. 
Stratford, Bert Stinson, d. 
Whitefield, Ada C. Taylor, r. and d. 



*Warren H. Reid deceased 

*Ernest W. Saltmarsh deceased replaced by Elwood Peaslee, r. 

♦Francis P. Plante deceased 

* Roger J. Crowley, Sr. deceased 

*Joseph E. Houde, deceased 

*James E. McGullough deceased 

*Joseph D. Vaughan deceased 

*Phoebe Downing Powers resigned, replaced by Chester A. Avery, r. 

*Walter E. Swett deceased, replaced by Ralph D. Shute, r. 

*R. Wilbur Potter deceased 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1961 



CHAPTER 1. 

AN ACT RELATIVE TO NAMES OF BUSINESS CORPORATIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

1:1 Business Corporations. Amend RSA 294 by inserting after sec- 
tion 120 the following new section: 294:120-a Fee for Name. Any person 
who chooses a name for a corporation which is available for use may in 
writing request the secretary of state to hold such name for him until 
he has had an opportunity to prepare the record of organization. Upon 
such request, and upon payment of a fee of five dollars, the secretary of 
state shall hold such name for use by the person requesting the same for 
a period of not exceeding sixty days. During svich sixty-day period no 
other person shall be permitted to register such name either as a trade 
or corporate name. The fee for such service by the secretary of state shall 
be in addition to any other fees which may be required when the corpora- 
tion papers are filed. 

1:2 Takes Effect. This act shall take effect sixty days after its passage. 
[Approved February 10, 1961.] 
[Effective date April 11, 1961.] 



CHAPTER 2. 

AN ACT RELATIVE TO REGULATIONS FOR USE OF LIMITED ACCESS HIGHWAYS. 

Be it Ejiacted by the Senate and House of Representatives in General 
Court convened: 

2:1 Limited Access Highways. Amend RSA 236:9 by striking out 
in the fifth line the words "the use of such facilities by pedestrians" and 
inserting in place thereof the words, other use of such facilities, so that 
said section as amended shall read as follows: 236:9 Regulations; Posting. 
The commissioner of public works and highways may regulate, restrict, 



2 Chapter 3 [1961 

or prohibit the use of such limited access facilities by trucks, busses, and 
other commercial vehicles, may regulate or prohibit the use of such facili- 
ties by all other types of vehicles, and may regulate or prohibit other 
use of such facilities. Such regulations shall be posted on every such high- 
Avay and a return thereof shall be filed with the state department of public 
works and highways to be kept in a special book which shall be open to 
public inspection. 

2:2 Takes Effect. This act shall take effect sixty days after its passage. 
[Approved February 10, 1961.] 
[Effective date April 11, 1961.] 



CHAPTER 3. 

AN ACT RELATIVE TO PURCHASES BY THE SOLDIERS HOME. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

3:1 Appropriation. The sum of two thousand five hundred dollars 
is hereby appropriated to be expended by the superintendent of the 
soldiers home for the purchase of a station wagon and for maintenance 
of said vehicle. The governor is authorized to draw his warrant for the 
sum hereby appropriated out of any money not otherwise appropriated. 

3:2 Purchases. The superintendent of the soldiers home is author- 
ized to make purchases from the inventory at the Laconia state school. 
Notwithstanding any other provisions of law any funds received by the 
Laconia state school from sales to the soldiers home shall be credited to 
the state school. 

3:3 Takes Effect. This act shall take effect upon its passage. 
[Approved February 10, 1961.] 
[Effective date February 10, 1961.] 



CHAPTER 4. 



AN ACT RELATIVE TO CLASSIFICATION OF TURNPIKES AND 
INTERSTATE HIGHWAYS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

4:1 State Highways. Amend RSA 230 by inserting after section 2 
the following new section: 230:2-a Turnpikes and System of Interstate 
and Defense Highways. The turnpikes, as established by RSA 256 and 



1961] Chapter 5 3 

RSA 257, and the approved national system of interstate and defense 
highways, shall be a part of the primary state highway system. 

4:2 Class I Highways. Amend paragraph I of RSA 230:4 (supp) as 
amended by 1955, 333:2 and 1957, 181:1 by inserting at the end thereof 
the following: provided that the portions of the turnpikes and the na- 
tional system of interstate and defense highways within the compact sec- 
tions of cities and towns of four thousand inhabitants and over shall be 
class I highways, so that said paragraph as amended shall read as follows: 
I. Class I highways shall consist of all existing or proposed highways on 
the primary state highway system, excepting all portions of such high- 
ways within the compact sections of cities or towns of four thousand in- 
habitants and over, provided that the portions of the turnpikes and the 
national system of interstate and defense highways within the compact 
sections of cities and towns of four thousand inhabitants and over shall 
be class I highways. 

4:3 Takes Effect. This act shall take effect sixty days after its passage. 
[Approved February 10, 1961.] 
[Effective date April 11, 1961.] 



CHAPTER 5. 

AN ACT RELATING TO REPORTS OF THE COMMISSIONER OF 
PUBLIC WORKS AND HIGHWAYS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

5:1 Change of Date. Amend RSA 229:16 by striking out the words 
"year ending December thirty-first" in the third line and inserting in 
place thereof the words, fiscal year ending June thirtieth, so that said 
section as amended shall read as follows: 229:16 Report. The commis- 
sioner shall annually report to the governor and council the work done 
and expenditures incurred by his department for the fiscal year ending 
June thirtieth. 

5:2 Interim Reports. For the interim period between January first 
and June 30, 1961 the commissioner shall make a special report of work 
done and expenditures incurred for the said period of six months. 

5:3 Takes Effect. Section 2 of this act shall take effect as of the pass- 
age of this act and section 1 shall take effect as of June 30, 1961. 

[Approved February 10, 1961.] 

[Effective date: Section 1 — June 30, 1961, Section 2 — February 10, 

1961.] 



4 Chapter 6 [1961 

CHAPTER 6. 

AN ACT RELATIVE TO AUXILIARY SERVICE ROADS AND THEIR CLASSIFICATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

6:1 Limited Access Facilities. Amend RSA 236 by inserting after 
section 7 the following new section: 236:7-a Auxiliary Roads. Any 
service roads constructed by the state in conjunction with but not a part 
of a limited access facility shall be classified by the commissioner of public 
works and highways as a class IV or class V highway. In the case of such 
auxiliary roads after such classification the provisions of RSA 236:8 and 9 
shall not apply and such roads shall thereafter be maintained by the city 
or town. 

6:2 Takes Effect. This act shall take effect sixty days after its passage. 
[Approved February 10, 1961.] 
[Effective date April 11, 1961.] 



CHAPTER 7. 



AN ACT NAMING AN INTERSTATE HIGHWAY THE GENERAL FRANK D. MERRILL 

HIGHWAY, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

7:1 General Frank D. Merrill Highway. National Interstate and 
Defense Highway 89, beginning at its interchange connection with In- 
terstate Route 93 (the Frederic E. Everett Highway) in Bow and extend- 
ing to the New Hampshire-Vermont state line in Lebanon shall be known 
as the General Frank D. Merrill Highway. 

7:2 Takes Effect. This act shall take effect sixty days after its passage. 
[Approved February 14, 1961.] 
[Effective date April 15, 1961.] 



CHAPTER 8. 



AN ACT RELATIVE TO PERFORMANCE BONDS ON FEDERAL AID HIGHWAY 

PROJECTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

8:1 Federal Aid Highway Projects. Amend RSA 447 by inserting 
after section 16 the following new section: 447:16-a Application of 



1961] Chapter 9 5 

Statute. The limitation contained in RSA 447:16 relative to bonds re- 
quiring that they be negotiated for, procured from and the premium 
paid to a resident agent of an insurance company registered in this state, 
and prohibiting such resident agent or such insurance company from 
allowing, giving or paying any part of this commission to any non-resi- 
dent agent or broker, shall not apply to bonds for contracts involving 
highway projects in cases where federal funds authorized by any federal 
aid highway act are used in whole or in part, provided, however, that 
nothing herein contained shall be construed as affecting the requirements 
of RSA 405:18. 

8:2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 15, 1961.] 
[Effective date February 15, 1961.] 



CHAPTER 9. 

AN ACT RELATIVE TO EXPENDITURE OF REVENUE FROM TURNPIKES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

9:1 Expenditure of Funds. The commissioner of public works and 
highways, subject to the approval of the governor and council, may ex- 
pend revenue from the Eastern New Hampshire Turnpike as may be 
required to provide for normal maintenance and operation of any part 
of said turnpike. The commissioner, subject to like approval, may expend 
revenue from the Central New Hampshire Turnpike as may be required 
to provide for normal maintenance and operation of any part of said 
turnpike. 

9:2 Repeal. The provisions relative to use of revenue from the turn- 
pikes as found in the second paragraph of the "note" at the end of 1959, 
269:1 is hereby repealed. 

9:3 Takes Effect. This act shall take effect upon its passage. 
[Approved February 16, 1961.] 
[Effective date February 16, 1961.] 



CHAPTER 10. 

AN ACT RELATIVE TO REPORTS OF INQUESTS BY MEDICAL REFEREES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

10:1 Reports of Inquests. Amend RSA 611:19 by striking out the 
words "a copy to the attorney-general or county solicitor" in the fourth 



6 Chapter 11 [1961 

line and inserting in place thereof the words, copies thereof to the attor- 
ney general and to the county attorney, so that said section as amended 
shall read as follows: 611:19 Report of Referee. The referee who shall 
preside at such inquest shall report in writing his conclusions, when, 
■where and by what means the person came to his death, to the superior 
court of the county, and furnish copies thereof to the attorney general 
and to the county attorney, and, if it appears to him that it was a case 
of homicide, or was occasioned in the manner described in section 4, he 
shall state the name of the person who contributed to such death, if 
knoAvn to him. 

10:2 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved February 27, 1961.] 
[Effective date April 28, 1961.] 



CHAPTER 11. 



AN ACT PROVmiNG FOR FORFEITURE OF FISH OR WILD ANIMALS ILLEGALLY 
IMPORTED INTO THIS STATE. 

Be it Enacted by the Senate and House of Representatives in General 
Court conveyied: 

11:1 Importing or Releasing Wild Life. Amend RSA 207 by insert- 
ing after section 15 the following new section: 207:15-a Seizure. All fish 
or the fry thereof, living wild birds or the eggs thereof or wild animals 
imported or released in this state contrary to the provisions of this sub- 
division shall be seized and forfeited as provided in RSA 207:17. 

11:2 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved February 27, 1961.] 
[Effective date April 28, 1961.] 



CHAPTER 12. 

AN ACT RELATIVE TO FORFEITURE OF FISH AND GAME NOT LEGALLY POSSESSED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

12:1 Penalties. Amend RSA 207:17 by inserting after the word 
"taken" in the second line the words, or possessed, so that said section as 
amended shall read as follows: 207:17 Fish and Game, Etc. All fish, 
birds, and animals protected by this title, found in the possession of any 



1961] Chapter 13 7 

person and not legally taken or possessed, shall be seized and forfeited. 
All such fish, birds, and animals so forfeited shall be disposed of by a 
conservation officer upon instructions from the director. 

12:2 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved February 27, 1961.] 
[Effective date April 28, 1961.] 



CHAPTER 13. 



AN ACT RELATING TO EMINENT DOMAIN PROCEEDINGS BY HOUSING 

AUTHORITIES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

13:1 Housing Authorities. Amend RSA 203 by inserting after sec- 
tion 12 the following new section: 203:12-a Vesting of Title to Property. 

At the time of the entry of any order under the provisions of section 12 
that the authority be permitted to enter immediately upon the real prop- 
erty described in the petition, or any part thereof, or at any time there- 
after, the court shall, upon petition of the authority enter an order vesting 
title to any such property in the authority. 

13:2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 27, 1961.] 
[Effective date February 27, 1961.] 



CHAPTER 14. 



AN ACT DESIGNATLNG THE HOUSE OF CORRECTION IN ROCKINGHAM COUNTY 

AS A JAIL. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

14:1 Rockingham County. Amend RSA 619:5 by inserting after 
the word "of" in the second line the word, Rockingham; by inserting after 
the word "either" in the seventh line the words, the Rockingham; and 
by inserting after the word "either" in the twelfth line the word, Rock- 
ingham, so that said section as amended shall read as follows: 619:5 
Rockingham, Strafford, Cheshire, Merrimack and Sullivan Counties. 
All prisoners sentenced to jail by any court within the counties of Rock- 
ingham, Strafford, Cheshire, Merrimack and Sullivan shall be committed 
to the houses of correction at the county farms in said counties unless 



8 Chapter 15 [1961 

the judge sentencing the prisoners shall designate some other jail within 
the state for such confinement. Said houses of correction are designated 
as jails for the confinement of prisoners. In the event that a prisoner is 
sentenced to either the Rockingham, the Strafford, the Cheshire, the 
Merrimack, or the Sullivan house of correction, the committing magis- 
trate may, while said sentence is in effect, designate some other jail within 
the state for such confinement for the balance of the term of said prisoner's 
sentence upon good cause being shown by the county commissioners of 
either Rockinofham, Strafford, Cheshire, Merrimack or Sullivan counties. 
The expenses of removing and maintaining such prisoner shall be de- 
frayed by the county from which he is removed. 

14:2 Takes Effect. This act shall take effect upon its passage. 
[Approved Februai^ 27, 1961.] 
[Effective date February 27, 1961.] 



CHAPTER 15. 



AN ACT RELATIVE TO THE SALARY OF THE JUSTICE OF THE CONCORD 
MUNICIPAL COURT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

15:1 Concord Municipal Court. Amend paragraph I of RSA 502:7 
(supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1; 1957, 66:1, 83:1, 
108:1, 125:1, 175:1, 209:1, 227:1, 234:1, 243:1; 1959, 7:1, 40:1, 212:1, by 
striking out the words "In Concord, three thousand five hundred dollars" 
and inserting in place thereof the words, In Concord, four thousand 
dollars, so that said paragraph as amended shall read as follows: I. Sal- 
aries of justices of municipal courts shall be paid from the treasury of 
the city or town in which such courts are located, may be paid quarterly 
or monthly, and shall be in the following sums per annum: 

In Manchester, five thousand one hundred dollars; 

In Nashua, four thousand dollars; 

In Concord, four thousand dollars; 

In Portsmouth, three thousand five hundred dollars; 

In Dover, two thousand five hundred dollars; 

In Laconia, three thousand dollars; 

In Keene, three thousand dollars; 

In Claremont, two thousand three hundred dollars; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand eight hundred dollars; 

In Lebanon, one thousand five hundred dollars; 

In Newport, one thousand one hundred and fifty dollars; 

In Derry, twelve hundred dollars; 



1961] Chapter 16 

In Franklin, one thousand two hundred dollars; 

In Exeter, twelve hundred dollars; 

In Somersworth, twelve hundred dollars; 

In Littleton, eight hundred dollars; 

In Hampton, one thousand dollars; 

In Milford, six hundred dollars; 

In Haverhill, eight hundred dollars; 

In Salem, one thousand dollars. 

15:2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 27, 1961.] 
[Effective date February 27, 1961.] 



CHAPTER 16. 



AN ACT RELATIVE TO THE SALARY OF THE SPECIAL JUSTICE OF THE CONCORD 

MUNICIPAL COURT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

16:1 Concord Municipal Court. Amend RSA 502:8 (supp) as 
amended by 1955, 253:1; 1957, 125:2; 1957, 175:2, 1957, 204:1; 1957, 
209:2, by striking out the words "of Concord one thousand dollars" and 
inserting in place thereof the words, of Concord one thousand two hun- 
dred dollars, so that said section as amended shall read as follows: 502:8 
Compensation of Special Justices. The special justice and justice of the 
peace requested to sit owing to the disqualifications of the justice and 
special justice shall be paid, from the treasury of the city or town wherein 
said court is located, ten dollars a day for each day or part thereof that 
he shall serve in said capacity, provided that the annual salaries of the 
special justices of the municipal courts of the following cities and town 
shall be as follows, of Manchester two thousand dollars, of Nashua two 
thousand five hundred dollars, of Dover two hundred dollars, of Con- 
cord one thousand two hundred dollars, of Portsmouth four hundred 
dollars, of Laconia five hundred dollars, of Somersworth two hundred 
dollars and of Hampton three hundred and fifty dollars, to be paid by 
said cities and town, respectively, quarterly, and shall be in lieu of any 
other compensation or fees to such justices; provided, further, that the 
special justice of the municipal court of Berlin shall be paid from the 
treasury of the city six hundred dollars per annum. 

16:2 Takes Effect. This act shall take effect upon its passage. 
[Approved February 27, 1961.] 
[Effective date February 27, 1961.] 



10 Chapter 17 [1961 

CHAPTER 17. 

AN ACT RELATIVE TO THE CLASSIFICATION OF A HIGHWAY IN THE 
CITY OF LEBANON. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

17:1 Highway in Lebanon. The class IV highway in the city of 
Lebanon designated as Route U. S. 4 from the Vermont boundary on 
the Connecticut River bridge to the Junction of Route 10 in West Leba- 
non shall hereafter be classified as a class II highway. 

17:2 Maintenance. Upon completion of painting and repairs by 
the city of Lebanon that will place the New Hampshire portion of the 
bridge over the Connecticut River on this highway in suitable condition 
for acceptance by the state, the department of public works and high-^vays 
shall assume full maintenance and control of the bridge. 

17:3 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved February 27, 1961.] 
[Effective date April 28, 1961.] 



CHAPTER 18. 

AN ACT RELATIVE TO LIABILITY FOR SUPPORT IN CERTAIN CASES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

18:1 Liability for Support. Amend RSA 167 by inserting after sec- 
tion 3 the following new section: 167:3-a Liability of Grandparents. 
Assistance rendered under this chapter or RSA 161 to anyone "vvho is the 
illegitimate child of a minor whose father or mother, grandparent of 
the illegitimate child, has a weekly income or other resources more than 
sufficient to provide a reasonable subsistence compatible with decency 
and health, may be recovered from such giandparent in the same manner 
and by the same proceedings as provided in RSA 167:2 and 167:3 for 
recovery from other legally liable relatives. 

18:2 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved February 28, 1961.] 
[Effective date April 29, 1961.] 



1961] Chapter 19 11 

CHAPTER 19. 

AN ACT REGULATING THE PRACTICE OF PROFESSIONAL ENGINEERING. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

19:1 Engineer-in-training. Amend paragraph (d) of RSA 319:13 
(supp) as inserted by 1959, 38:3 by inserting after the words "for registra- 
tion" in the first line the words, except an engineer-in-training certified 
by the board, so that said paragraph as amended shall read as follows: 
(d) An applicant for registration, except an engineer-in-training certified 
by the board, who has no registration in another state or country, shall 
be a resident of this state or have a position of permanent employment 
herein. 

19:2 Requirements. Amend RSA 319:21 by striking out the words 
"when filed with public authorities" in the sixteenth line so that said 
section as amended shall read as follows: 319:21 Certificates; Seals. The 
board shall issue a certificate of registration upon payment of registration 
fee as provided for in this act, to any applicant who, in the opinion of the 
board, has satisfactorily met all the requirements of this act. In case of 
a registered engineer, the certificate shall authorize the practice of "pro- 
fessional engineering." Certificates of registration shall show the full 
name of the registrant, shall have a serial number, and shall be signed 
by the chairman and the secretary of the board under seal of the board. 
The issuance of a certificate of registration by the board shall be prima 
facie evidence that the person named therein is entitled to all the rights 
and privileges of a registered professional engineer, while the said certifi- 
cate remains unrevoked or unexpired. Each registrant hereunder shall 
upon registration obtain a seal of the design authorized by the board, 
bearing the registrant's name and the legend, "Registered Professional 
Engineer." Plans, specifications, plats, and reports prepared by a regis- 
trant during the life of the registrant's certificate, shall be stamped with 
the said seal, but it shall be unlawful for any one to stamp or seal any 
documents with said seal after the certificate of the registrant named 
thereon has expired or has been revoked, unless said certificate shall have 
been renewed or reissued. 

19:3 Procedure for Rehearings and Appeals. Amend RSA 319:28 
(supp) as amended by 1955, 124:5 by striking out said section and insert- 
ing in place thereof the following: 319:28 Review of Orders. Orders of 
the board shall be subject to rehearing and appeal in the manner pre- 
scribed by RSA 541 and any amendments thereto. 

19:4 Takes Effect. This act shall take effect sixty days after its pass- 
age. 

[Approved March 1, 1961.] 
[Effective date April 30, 1961.] 



12 Chapter 20 [1961 

CHAPTER 20. 

AN ACT RELATIVE TO EDUCATIONAL ASSISTANCE TO THE BLIND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

20:1 Education of the Blind. Amend RSA 167:37 by striking out 
the Avords "upon the recommendation of the department" in the first line 
and by striking out the words "governor and council" in the fourth line 
and inserting in place thereof the words, board of public welfare, so that 
said section as amended shall read as follows: 167:37 State Aid. As- 
sistance shall be furnished to such blind persons, in such amounts and 
at such asylums, schools, or other institutions designed for the purpose, 
as the board of public welfare shall direct. 

20:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 1, 1961.] 
[Effective date March 1, 1961.] 



CHAPTER 21. 

AN ACT RELATING TO THE MENTAL TREATMENT OF JUVENILES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

21:1 Children's Study Home. Amend RSA 169 by inserting after 
section 17 the following new section: 169:17-a Orders for Physical and 
Mental Treatment. If it is alleged in any complaint or it appears at any 
time during the progress of the case that a neglected or delinquent child 
is in need of physical treatment, the failure to receive which is a con- 
tributing cause of neglect or delinquency, due notice of that fact shall 
be given as provided in section 4. If the court, upon hearing, finds that 
such treatment is reasonably required, he shall order the parent, guardian 
or custodian of the child to provide it. If this order is not obeyed within 
a reasonable time, the court shall require such treatment to be provided 
at the expense of the town in which the child resides, and recovery of the 
expenses thereby incurred shall be had from the person or persons charge- 
able by law for the child's necessities. Upon like terms and subject to 
like payment, the court may order mental treatment for a neglected child. 
Any court finding that a juvenile is delinquent may, before making dis- 
position of the case as provided in section 14, order such delinquent to 
be taken for examination to the nearest mental hygiene clinic, having 
regard to time and place, that is served by or qualified by the commis- 
sion of mental health. If at the clinic the juvenile delinquent shall not 
appear to present a case for further mental study and treatment, the clinic 
shall report to the court that fact and such other findings as may be per- 
tinent, and the court shall dispose of the case as provided in section 14. 



1961] Chapter 22 13 

It the juvenile shall appear to present a case for further study and treat- 
ment that fact shall be reported by the said clinic to the court, and if the 
court finds that fact to be true, upon hearing and after notice as provided 
in section 4, it may make an order for such care, treatment or commit- 
ment to any public or private institution providing psychiatric treatment, 
including the state hospital, as the welfare of the child and society require, 
and may thereafter modify the order disposing of the petition as justice 
may require. The expense of any commitment, care or treatment ordered 
by the court as provided herein shall be recovered in the same manner 
as provided for in connection with physical treatment. 

21:2 Repeal. RSA 169:17, relative to orders for treatment of neg- 
lected and delinquent children, is hereby repealed. 

21:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 8, 1961.] 
[Effective date May 7, 1961.] 



CHAPTER 22. 



AN ACT TO PROVIDE A PENALTY FOR OBTAINING TELECOMMUNICATIONS 
SERVICE FRAUDULENTLY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

22:1 Frauds. Amend RSA 580 by inserting after section 1 the fol- 
lowing new section: 580: 1-a Obtaining Telecommunications Service. 

Any person who, with intent to defraud another of the lawful charge for 
any telecommunications service, obtains, or attempts to obtain, any tele- 
communications service by any trick, stratagem, false representation, or 
false pretense, or by installing, or tampering with, any facilities or equip- 
ment, or by any other device or means, shall be fined not more than five 
hundred dollars, or imprisoned not more than one year, or both. 

22:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 8, 1961.] 
[Effective date May 7, 1961.] 



14 Chapter 23 [1961 

CHAPTER 23. 

AX ACT RELATIVE TO THE OPERATION OF THE FOREST HILLS HOTEL IN 
FRANCONIA BY THE TRUSTEES OF THE UNIVERSITY OF NEW HAMPSHIRE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

23:1 Laws Inapplicable. Amend RSA 187 by inserting after section 
8 the follo^ving new section: 187:8-a Operation of the Forest Hills Hotel. 

In the o^vnership and operation of the Forest Hills Hotel for university 
purposes by the board of trustees of the University of New Hampshire 
pursuant to the provisions of RSA 187:8, the provisions of RSA 9:27 and 
RSA 187:37 shall be inapplicable. 

23:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 8, 1961.] 
[Effective date March 8, 1961.] 



CHAPTER 24. 

AN ACT RELATIVE TO TAKING BEAVER BY THE USE OF TRAPS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

24:1 Beaver. Amend RSA 210:5 (supp) as amended by 1957, 228:1 
by striking out said section and inserting in place thereof the following: 
210:5 Open Season. In any county in the state during the period from 
November first to April fifteenth, the director with the approval of the 
commission, may declare an open season on beaver, by the use of traps 
only, if he deems that beaver are detrimental to fishing or hunting or to 
lumber operations, or if he receives written complaint from a water com- 
pany or a land owner that beaver are polluting a water supply or doing 
actual and substantial damage to property. He may make such rules and 
regulations as he deems necessary as to length of season and bag limit. 

24:2 Eliminating of Fee. Amend RSA 210:8 (supp) as amended by 
1955, 57:1 by striking out the words "upon receipt of a fee of seventy-five 
cents" in the fifth line so that said section as amended shall read as fol- 
lows: 210:8 Stamping; Sale of Skins. Whenever a person shall lawfully 
take beaver during the open season as provided in sections 5 and 7 he shall 
present the skin of such beaver, within ten days from the closing of said 
open season, to a conservation officer who shall stamp or seal the same. 
Beaver skins lawfully taken, stamped or sealed may be bought and sold. 

24:3 Takes Effect. This act shall take effect upon its passage. 
[Approved March 16, 1961.] 
[Effective date March 16, 1961.] 



1961] Chapter 25 15 

CHAPTER 25. 

AN ACT AUTHORIZING SELECTMEN AND CITY COUNCILS TO LAY OUT 
LIMITED ACCESS HIGHWAYS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

25:1 Authority Granted. Amend RSA by inserting after chapter 
236 the following new chapter: 

Chapter 236-A 

Special Limited Access Highways 

236-A:l Limited Access Highways. Notwithstanding any other pro- 
visions of law selectmen of towns and mayors and aldermen of cities are 
hereby authorized to lay out limited access highways. 

236-A:2 Definition. A limited access highway as authorized by sec- 
tion 1 is defined as a highway especially designed for through traffic and 
over, from or to which owners or occupants of abutting land or other 
persons have no right or easement or only a limited right or easement of 
access, light, air, or view by reason of the fact that their property abuts 
on such limited access highway or for any other reason. 

236-A:3 Lay Out, Construction. In laying out the limited access 
highways hereby authorized the selectmen of towns and mayors and 
aldermen of cities shall have all the powers granted by RSA 236:2 (supp) 
to a commission authorized to lay out a limited access facility. Provided, 
however, that said limited access highways shall be laid out in accordance 
with the procedure outlined in RSA 234. The selectmen and mayors and 
aldermen are authorized to regulate, restrict or prohibit access to said 
highways as to best serve the traffic for which the highways are intended. 
Said highways or alterations thereof may be constructed with town, city, 
state or federal funds but shall be maintained as class IV or V highways. 

236-A:4 Restrictions. The provisions of RSA 236:4, 5, 8, 9, and 10 
relative to exclusion of commercial enterprises, regulations and penalties, 
shall, insofar as may be consistent herewith, apply to the limited access 
highways hereby authorized. 

25:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 17, 1961.] 
[Effective date March 17, 1961.] 



16 Chapter 26 [1961 

CHAPTER 26. 

AN ACT RELATING TO THE INSTALLATION OF PUBLIC TELEPHONES ON 
STREETS AND PUBLIC WAYS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

26:1 Public Ways. Amend Paragraph VII of RSA 47:17 by insert- 
ing after the word "steps", in the sixth line, public telephones, telephone 
booths, and other appurtenances thereto, so that said paragraph as 
amended shall read as follows: VII. Use of Public Ways. To regulate 
all streets and public ways, wharves, docks, and squares, and the use there- 
of, and the placing or leaving therein any carriages, sleds, boxes, lumber, 
wood, or any articles or materials, and the deposit of any waste or other 
thing whatever; the removal of any manure or other material therefrom; 
the erection of posts, signs, steps, public telephones, telephone booths, 
and other appurtenances thereto, or awnings; the digging up the ground 
by traffic thereon or in any other manner, or any other act by which the 
public travel may be incommoded or the city subjected to expense there- 
by; the securing by railings or otherwise any well, cellar, or other dan- 
gerous place in or near the line of any street; to prohibit the rolling of 
hoops, playing at ball or flying of kites, or any other amusement or prac- 
tice having a tendency to annoy persons passing in the streets and side- 
walks, or to frighten teams of horses within the same; and to compel 
persons to keep the snow, ice, and dirt from the sidewalks in front of the 
premises owned or occupied by them. 

26:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1961.] 
[Effective date May 16, 1961.] 



CHAPTER 27. 



AN ACT TO APPROPRIATE SUFFICIENT MONEY TO ENABLE THE STATE TO MAKE 

AN EQUAL CONTRIBUTION TO THE LOCAL COMMUNITIES TO THE EXPENSE 

OF ESTABLISHING AN EASTERN SLOPES REGIONAL AIRPORT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

27:1 The sum of four thousand nine hundred eleven dollars and 
seventy-one cents is hereby appropriated to be expended by the New 
Hampshire Aeronautics Commission, together with ten thousand dollars 
from the funds of said commission, to contribute to the establishment 
and construction of the Eastern Slopes Regional Airport to be con- 
structed in the town of Fryeburg, Maine, so that the state's contribution 



1961] Chapter 28 17 

to the establishment of said airport shall equal the sum contributed there- 
to by the local communities in New Hampshire in said region. The 
governor is hereby authorized to draw his warrant for said sum from 
any money in the treasury not otherwise appropriated. 

27:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 17, 1961.] 
[Effective date March 17, 1961.] 



CHAPTER 28. 



AN ACT RELATIVE TO DEFINITION OF ADULTERATION OF MILK AND 
MILK PRODUCTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

28:1 Milk. Amend RSA 184:41 by striking out said section and 
inserting in place thereof the following: 184:41 Adulteration, etc. If 
any person shall sell, offer for sale, or have in his custody or possession 
with intent to sell, exchange or deliver, milk, skim milk or cream to 
which water has been added, or any milk or milk product defined in 
section 36 which contains a preservative, or any substance which is un- 
wholesome or may be deleterious to the quality of the product, or any 
milk produced from sick or diseased cows, fie shall be fined not less than 
twenty-five nor more than two hundred dollars, or imprisoned not more 
than sixty days, or both. 

28:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1961.] 
[Effective date May 16, 1961.] 



CHAPTER 29. 



AN ACT ELIMINATING THE REQUIREMENT FOR CERTAIN REPORTS TO THE 
STATE BOARD OF HEALTH. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

29:1 Repeal. RSA 135:24, relative to certain reports being made 
to the state board of health as to commitments to certain state institu- 
tions, is hereby repealed. 



18 Chapter 30 [1961 

29:2 Repeal. RSA 457:14 (supp) as amended by 1957, 275:1 rela- 
tive to reports required to be filed with the state board of health as to 
imbeciles, teeble-minded, idiotic and insane persons, is hereby repealed. 

29:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1961.] 
[Effective date May 16, 1961.] 



CHAPTER 30. 



AN ACT RELATIVE TO COLLECTION OF TAXES ON REAL ESTATE WHEN SUCH 
SALE IS OF LESS THAN THE WHOLE ESTATE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

30:1 Proceedings Against Real Estate. Amend RSA 80 by inserting 
after section 24 the following new section: 80:24-a Manner of Sale. 
When such sale is of less than the whole estate the collector shall sell 
only a common and undivided interest in the property and no portion 
thereof shall be sold in severalty by metes and bounds. 

30:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1961.] 
[Effective date May 16, 1961.] 



CHAPTER 31. 

AN ACT RELATIVE TO DUTIES OF THE STATE HISTORICAL COMMISSION 
AS TO ERECTION OF HISTORIC SIGNS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

31:1 Marking Location of Public and Historic Incidents. Amend 
RSA 249:38-a (supp) as inserted by 1955, 199:1 by striking out the words 
"board established by section 45 hereof, as hereinafter provided" and in- 
serting in place thereof the words, state historical commission, so that 
said section as amended shall read as follows: 249:38-a Authority for 
Erection. The commissioner of public works and highways may on his 
own motion or shall, upon petition of twenty or more citizens of the state, 
erect, within the right-of-way of any class 1, II, or III highway, signs for 
the purpose of indicating the occurrence of historic events, at an expense 
not to exceed five hundred dollars per year. Prior to the erection of any 



1961] Chapter 32 19 

such signs the commissioner shall consult and secure the approval of the 
state historical commission. Nothing herein shall be construed to permit 
the erection of signs which will interfere with the reasonable use of said 
highway. 

31:2 State Historical Commission. Amend RSA 249:38-b (supp) 
as inserted by 1955, 199:1 by striking out said section and inserting in 
place thereof the following: 249:38-b Duties. It shall be the duty of 
the state historical commission, established under RSA 227-A, to consult 
with the commissioner of public works and highways and to approve the 
wording on, and the location of, signs commemorating historical events. 
Said commission shall make such investigation, including consultation 
with available historians and the holding of public hearings, as may be 
necessary to ascertain facts relative to said events and the appropriateness 
of the location where the signs are to be erected. 

31:3 Takes Effect. Notwithstanding any other provisions of law 
this act shall take effect upon its passage. 
[Approved March 17, 1961.] 
[Effective date March 17, 1961.] 



CHAPTER 32. 



AN ACT RELATIVE TO FEES FOR FISH AND GAME LICENSES, AND ELIMINATING 
THE SO-CALLED LICENSE STAMPS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

32:1 Fish and Game Licenses. Amend RSA 214:8 (supp) as amended 
by 1955, 277:2 and 1959, 254:2 by striking out said section and inserting 
in place thereof the following: 214:8 Form. The director shall prepare 
books containing consecutively numbered licenses in triplicate. Such 
license, when issued to the licensee, shall bear the date of issuance, and 
shall contain the name, age, color of hair and eyes and residence of the 
licensee and such other information as may be requested by the director. 
The license, to be valid, must be countersigned by the licensee on the 
face of the license in the space provided. 

32:2 Fees. Amend paragraphs I, II, III, and VIII, of RSA 214:9 
(supp) as amended by 1955, 324:1 by striking out said paragraphs and 
inserting in place thereof the following: 

I. If the applicant is a resident of this state and wishes to hunt, 
three dollars and twenty-five cents, and the agent shall thereupon issue 
a resident hunting license which shall entitle the licensee to hunt, shoot, 
kill or take, except by the use of traps, and to transport game birds and 
game animals under the restrictions of this title. 



20 Chapter 33 [1961 

II. If the applicant is a resident of this state and wishes to fish, three 
dollars and twenty-five cents, and the agent shall thereupon issue a resi- 
dent fishing license, which shall entitle the licensee to kill, take and trans- 
port fish and salt water smelt under the restrictions of this title. 

III. If the applicant is a resident of this state and wishes to hunt 
and fish, four dollars and seventy-five cents, and the agent shall thereupon 
issue a resident hunting and fishing license, which shall entitle the li- 
censee to hunt, shoot, kill or take, except by use of traps, and to trans- 
port game birds, game animals, fish, and salt water smelt, under the 
restrictions of this title. 

VIII. If the applicant is a non-resident and wishes to take fresh 
water fish or salt water smelt only, eight dollars, and the agent shall there- 
upon issue a non-resident fishing license which shall entitle the licensee 
to kill, take and transport fresh water fish and salt water smelt under 
the restrictions of this title, provided that if said applicant wishes to take 
said fish or smelt for fifteen consecutive days, five dollars, and the agent 
shall thereupon issue a fifteen-day non-resident fishing license for said 
time only under the restrictions of this title, and further provided that 
if said applicant wishes to take said fish or smelt for three consecutive 
days, three dollars and fifty cents, and the agent shall thereupon issue a 
three-day non-resident fishing license for said time only under the re- 
strictions of this title. 

32:3 Eliminating Fish and Game Stamp. Amend RSA 214:15 (supp) 
as amended by 1959, 254:3 by striking out the last two sentences, so that 
said section as amended shall read as folloAvs: 214:15 Agent's Accounting. 
The agent shall collect from the licensee a fee of twenty-five cents for each 
license issued and shall account to the director for the full face value of 
the licenses. He shall on the first day of each month, pay to the director 
the full face value of all licenses sold and shall report the names and 
addresses of all persons to whom licenses have been sold and such other 
information as may be requested on blanks to be furnished by the di- 
rector. 

32:4 Takes Effect. This act shall take effect as of August 1, 1961. 
[Approved March 17, 1961.] 
[Effective date August 1, 1961.] 



CHAPTER 33. 

AN ACT RELATIVE TO ASSESSMENT OF TAXES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

33:1 Taxes. Amend RSA 76:10-a (supp) as inserted by 1955, 108:1 
by striking out said section and inserting in place thereof the following: 
76:10-a Jeopardy Assessment. Whenever it shall appear to the selectmen 



1961] Chapter 34 21 

or assessors that it is necessary that the assessment of taxes assessed against 
any property be made as soon as possible in order to insure the payment 
of the taxes and to protect the public interest, they may, on or after April 
first, make a reasonable jeopardy assessment of the taxes against the owner 
or person to whom such property is assessed and commit a warrant to 
the collector for the same, and the collector after making presentation 
of a bill for such taxes may immediately use any of the remedies pro- 
vided by law to collect the taxes committed to him in such warrant. If 
it later appears that such jeopardy tax payment was in excess of the taxes 
due the over plus together with interest at the rate of six per cent per 
annum from the time of payment to the time of refund shall be refunded 
to the person from whom the tax was collected. If such tax payment was 
insufficient to pay the actual tax later found to be due, then a further 
assessment may be made and may be collected in the same manner as the 
original assessment. 

33:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 17, 1961.] 
[Effective date March 17, 1961.] 



CHAPTER 34. 

AN ACT RELATIVE TO PARI-MUTUEL POOLS AT HORSE RACES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

34:1 Horse Racing. Amend RSA 284:22 (supp) as amended by 
1955, 74:1 and 1957, 122:1 by striking out the figures "1941-1966" in the 
fifth line and inserting n place thereof the figures, 1941-1976, so that 
said section as amended shall read as follows: 284:22 Pari-Mutuel Pools. 
Within the enclosure of any race track where is held a race or race meet 
licensed and conducted under this chapter, but not elsewhere, the sale 
of pari-mutuel pools by the licensee under such regulations as may be 
prescribed by said commission is hereby permitted and authorized during 
the calendar years 1941-1976, inclusive. 

I. Commissions on such pools at tracks or race meets conducting 
a running horse race or running horse meet shall be uniform throughout 
the state at the rate of fourteen per cent of each dollar wagered plus the 
odd cents of all redistribution to be based upon each dollar wagered, 
exceeding a sum equal to the next lowest multiple of ten, known as 
"breakage," one-half of which breakage shall be retained by the licensee 
and the balance shall be paid to the state treasurer for the use of the state 
in accordance with the provisions of section 2. Said maximum shall in- 
clude the seven per cent tax hereinafter prescribed. 



90 



Chapter 35 [1961 



II. Commissions on such pools at tracks or race meets conducting 
a harness horse race or harness horse meet, including tracks or race meets 
for harness racing conducted by agricultural fairs, shall be uniform 
throughout the state at the rate of seventeen per cent of each dollar 
■svagered plus the odd cents of all redistribution to be based upon each 
dollar Avagered, exceeding a sum equal to the next lowest multiple of 
ten, known as "breakasre," one-half of which breakasje shall be retained 
by the licensee and the balance shall be paid to the state treasurer for 
the use of the state in accordance with the provisions of section 2. Said 
maximum shall include the five and one-half per cent tax hereinafter 
prescribed. 

III. For the purposes set forth in this section, an "agricultural fair" 
shall be deemed to be such an association as does provide for and pay 
premiums of five thousand dollars or more, annually, as is determined 
by the commissioner of agriculture, in accordance with section 25 of this 
chapter. 

34:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 17, 1961.] 
[Effective date May 16, 1961.] 



CHAPTER 35. 

AN ACT RELATING TO THE PROTECTION OF PUBLIC WATER SUPPLY SOURCES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

35:1 Additional Land. Amend RSA 148 by inserting after section 
22 the following new section: 148:22-a Power to Require Acquisition 
of Land. The acquisition of adjacent or marginal lands necessary to 
provide reasonable sanitary control over the quality of a public water 
supply shall be deemed an improvement in sanitary conditions which is 
within the power of the state board to require under the provisions of 
section 22. 

35:2 Trespassing Prohibited. Amend RSA 572 by inserting after 
section 6 the following new section: 572:6-a Trespass on Lands Held for 
Protection of Public Water Supply. If any person shall, without right, 
enter upon or remain on any lands held by a municipal water department 
or a water utility for the sanitary control of the quality of its water sup- 
ply, when notice has been posted prohibiting such trespass, he shall be 
fined not more than fifty dollars. 



1961] Chapter 36 23 

35:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 21, 1961.] 
[Effective date May 20, 1961.] 



CHAPTER 36. 



AN ACT TO APPLY THE PRINCIPLES OF HOME RULE TO THE ESTABLISHING 
OF SALARIES OF CITY OFFICIALS AND EMPLOYEES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

36:1 City Officials and Employees. Amend RSA 44 by inserting 
after section 9 the following new section: 44:9-a Fixed by Governing 
Body. Salaries of all city officials and employees, excluding court person- 
nel, shall be fixed in accordance with the provisions, if any, of the respec- 
tive city charter; otherwise by the governing body of the city. 

36:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 21, 1961.] 
[Effective date May 20, 1961.] 



CHAPTER 37. 

AN ACT RELATIVE TO EMERGENCY ADMISSIONS TO STATE HOSPITAL. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

37:1 State Hospital. Amend RSA 135 by adding the following new 
section after section 21 thereof: 135:21-a Emergency Admissions. In an 
emergency a person may be admitted to the state hospital on the certifi- 
cate of one examining physician; provided, however, that the person so 
admitted shall not be detained at said hospital for a period longer than 
twenty-four hours unless a second examining physician shall certify in 
writing that in his opinion such person is in need of institutionalization 
by reason of mental illness, based upon a personal examination made 
within twenty-four hours after admission to the hospital. Both the ad- 
mitting physician and the second examining physician mentioned herein 
shall be within the scope of the requirements for examining physicians 
specified in the preceding section. The certificates of said physicians shall 
be in such form as may be prescribed by the commission of mental health. 
For the purposes of this section "emergency" shall mean that the person's 



24 Chapter 38 [1961 

mental state is so disturbed as to constitute a threat to his own life and/or 
a danger to his family or the community. 

37:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 23, 1961.] 
[Effective date March 23, 1961.] 



CHAPTER 38. 



AN ACT RELATIVE TO COMMITMENT, DISCHARGE AND TEMPORARY ABSENCES 

OF THE MENTALLY ILL. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

38:1 Commitment to State Hospital. Amend RSA 135:21 (supp) as 
inserted by 1955, 316:1 by striking out the same and inserting in place 
thereof the following: 135:21 Physicians' Certificates. No person shall 
be committed to the state hospital, except as otherwise specially provided, 
without the certificate of two reputable physicians that in their opinion 
such person is in need of institutionalization by reason of mental illness, 
given after a personal examination made within one week of the com- 
mittal. "Mental illness" shall mean mental disease to such extent that a 
person so afflicted requires care and treatment for his own welfare, or 
the welfare of others, or of the community. Such certificate shall be ac- 
companied by a certificate of a judge of the superior or probate court, 
a county commissioner, mayor, or city clerk, or a justice of the municipal 
court, or a chief or deputy chief of police of a city, or one of the selectmen 
of a town, or the town clerk, certifying to the genuineness of the signa- 
tures and the respectability of the signers. The physicians making such 
examination shall be legally registered to practice medicine in this state, 
and in the actual practice of their profession at the time of said examina- 
tion and for at least three years prior thereto. It shall not be mandatory 
for said physicians to examine such person at the same time and place 
but they must deliberate jointly regarding their respective examinations 
before such certificate shall be signed by the second examining physician. 
Said certificate shall bear the date or dates on which such person was 
examined. Neither of said physicians shall be a relative of the person 
alleged to be mentally ill or an official of the institution to which it is 
proposed to commit him. The certificate of mental illness shall be in the 
form prescribed by the commission of mental health and shall contain 
the facts and circumstances upon which the judgment of the physicians 
is based. 

38:2 Discharge from State Hospital. Amend RSA 135:28 by striking 
out the words "commission of lunacy" in the second line and inserting in 
place thereof the word, superintendent, so that said section as amended 



1961] Chapter 39 25 

shall read as follows: 135:28 Discharge. Any person committed to the 
hospital may be discharged by the superintendent, or by a justice of the 
superior court, whenever a further detention at the hospital is in their 
opinion unnecessary; but any person so discharged who was under sen- 
tence of imprisonment at the time of his commitment, the period of 
which has not expired, shall be remanded to prison. 

38:3 Temporary Absences from State Hospital. Amend RSA 135:31 
by striking out the words "six months" in the fourth line and inserting in 
place thereof the words, one year, so that said section as amended shall 
read as follows: 135:31 Temporary Absences. The superintendent of 
the hospital, with the approval of the trustees, may permit any inmate 
thereof temporarily to leave said institution in charge of his guardian, 
relatives, or friends, for a period not exceeding one year, and may receive 
him when returned by such guardian, relatives, or friends within said 
period, or may take and recommit him when necessary, without any 
further order of commitment. 

38:4 Takes Effect. This act shall take effect upon its passage. 
[Approved March 23, 1961.] 
[Effective date March 23, 1961.] 



CHAPTER 39. 



AN ACT RELATING TO BONDS FOR HOUSING PROJECTS AND REDEVELOPMENT 

PROJECTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

39:1 Housing Authorities. Amend RSA 203:23 by inserting at the 
end thereof the following new paragraph: XII. Any municipality may 
issue and sell its general obligation bonds or notes to raise funds to be 
donated to a housing authority or used in the exercise of any of the other 
powers granted to the municipality under the provisions of RSA 203 and 
RSA 205. 

39:2 Ratification of Acts of Municipalities. Each and every ordi- 
nance or resolution approved by the governing body of a municipality 
prior to the passage of this act and authorizing the issue or sale of bonds 
or notes for the purpose of raising funds to be donated to a housing au- 
thority or used in the exercise of any of the other powers granted to 
municipalities under RSA 203 and RSA 205 is hereby validated, ratified, 
confirmed and approved, and bonds or notes may be issued and sold in 
accordance with the terms of any such ordinance or resolution notwith- 
standing the requirements of any general or special law pertaining to the 



26 Chapter 40 [1961 

estimated life of the improvement provided, however, that any bond 
maturity schedule prescribed in any such ordinance or resolution shall 
be adjusted to permit the payment of the loan in the amounts and over 
the number of years prescribed, the first payment to be made within one 
year from the date of the bonds. Any and all bonds or notes heretofore 
issued for the purposes stated above are validated, ratified, confirmed and 
approved. 

39:3 Takes Effect. This act shall take effect upon its passage. 
[Approved March 23, 1961.] 
[Effective date March 23, 1961.] 



CHAPTER 40. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE WATERS OF 
THE PISCATAQUA RIVER WATERSHED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

40:1 Classification. On and after the effective date of this act the 
following surface waters shall be classified in accordance with provisions 
ofchapter 149, RSA: 

I. Dearborn Brook and all its tributaries, in the towns of Exeter and 
Stratham, from their sources to the crest of the Exeter Reservoir water 
supply dam, Class A. 

II. Folletts Brook and all its tributaries, in the towns of Newmarket, 
Lee, and Durham, which serve as a source of public water supply for the 
town of Newmarket, from their sources to the confluence with the Pis- 
cassic River, Class A. 

III. Piscassic River and all its tributaries, in the towns of Brent- 
wood, Epping, Exeter, Fremont, Newfields, Newmarket, and Raymond, 
except Folletts Brook and all its tribtitaries in paragraph II above, from 
their sources to the crest of the Newmarket emergency water supply dam. 
Class A. 

IV. Oyster River and all its tributaries, in the towns of Barrington, 
Durham, Lee, Madbury and Nottingham from their sources to the crest 
of the Durham Reservoir water supply dam. Class A. 

V. Bellamy River and all its tributaries, in the towns of Barrington 
and Madbury and the city of Dover, from their sources to the crest of the 
dam at Bellamy Park municipal swimming area in Dover, Class A. 

VI. Berrys River and all its tributaries, in the towns of Farmington, 
Strafford, and the city of Rochester, from their sources to the crest of the 
Rochester water supply diversion dam, Class A. 



1961] Chapter 41 27 

VII. Rochester water supply reservoir and all its tributaries, in the 
towns of Barrington and Strafford and the city of Rochester, from their 
sources to the crest of the reservoir dam. Class A. 

VIII. Round Pond and all its tributaries which serve as a source of 
water supply for Rochester, in the town of Barrington and the city of 
Rochester, from their sources to the pond. Class A, 

IX. Willand Pond and all its tributaries which serve as a source of 
water supply for Dover, in the cities of Dover and Somersworth, from 
their sources to the pond. Class A. 

X. All other surface waters of the Piscataqua River watershed, in- 
cluding Great Bay, Little Bay, Berrys Brook, Sagamore Creek, Witch 
Creek and Little Harbor and all their tributaries, and all other tidewaters 
and their tributaries, in the basin hitherto unclassified, except those por- 
tions in paragraphs I, II, III, IV, V, VI, VII, VIII, and IX, in and around 
the cities of Dover, Portsmouth, Rochester and Somersworth, and the 
towns of Barnstead, Barring;:ton, Brentwood, Brookfield, Candia, Chester, 
Danville, Deerfield, Derry, Durham, East Kingston, Epping, Exeter, 
Farmington, Fremont, Greenland, Hampstead, Hampton, Hampton Falls, 
Kensington, Kingston, Lee, Madbury, Middleton, Milton, New Castle, 
New Durham, Newfields, Newington, Newmarket, North Hampton, 
Northwood, Nottingham, Raymond, Rollinsford, Rye, Sandown, Straf- 
ford, Stratham, Wakefield, and Wolfeboro, from their sources to a 
straight line from Whaleback Light tangent to Odiorne's Point in Rye, 
Class B-1. 

40:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 29, 1961.] 
[Effective date May 28, 1961.] 



CHAPTER 41. 

AN ACT RELATIVE TO TAXATION OF HOUSETRAILERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

41:1 Taxation. Amend RSA 72 by inserting after section 7 the fol- 
lowing new section: 72:7-a House Trailers. House trailers, travel trailers 
and mobile homes suitable for use for domestic, commercial or industrial 
purposes are taxable as real estate provided they were brought into this 
state on or before April first and remain here after April thirtieth in any 
year; and provided further that any house trailer, travel trailer or mobile 
home brought into the state on or before April first which shall be re- 
moved from the state before the succeeding May first in any year and 



28 Chapter 41 [1961 

shall thereafter be brought into the state again before the following De- 
cember thirty-first shall be taxable as though the same had been in the 
state continuously from the time it was originally brought into the state; 
provided further, however, that travel trailers, as determined by the state 
tax commission, registered in this state for touring or pleasure and not 
remaining in any one town, city or unincorporated place for more than 
thirty days, except for storage only, shall be exempt from taxation here- 
under, provided, however, that any house trailer or mobile home or 
so-called travel trailer owned by a non-resident of this state shall not be 
subject to taxation if said house trailer, mobile home or so-called travel 
trailer shall not remain in any one town, city or unincorporated place in 
this state for more than thirty consecutive days during the year. Nothing 
herein contained shall be construed as changing the method of taxing 
house trailers and mobile homes held by a manufacturer or dealer as part 
of his stock in trade. 

41:2 Definition. Amend RSA 260:23 by striking out said section 
and inserting in place thereof the following: 260:23 Scope of Term 
"Motor Vehicle." The words motor vehicle as used in this subdivision 
shall include all trailers, travel trailers as determined by the state tax 
commission, and semi-trailers, except house trailers and mobile homes, 
used in connection with a vehicle of the tractor type. 

41:3 House Trailers. Amend RSA 260 by inserting after section 
260:12-a (supp) as inserted by 1955, 210:1 the following new section: 
260:12-b Payment of Taxes Required. No house trailer or mobile home 
shall be registered in accordance with the provisions of this chapter after 
a tax has been assessed upon said house trailer or mobile home unless 
the o^vner or person requesting registration has satisfied the commissioner 
that all taxes assessed thereon for the year for which registration is sought 
have been paid; except that if registration is sought before a tax for that 
year has been assessed against said house trailer or mobile home, the com- 
missioner may issue such registration which he may revoke at any time 
upon notice by the collector of taxes that the taxes have been assessed and 
billed and remain unpaid. 

41:4 Repeal. RSA 72:21-a (supp) as inserted by 1955, 137:1, rela- 
tive to house trailers, is hereby repealed. 

41:5 Takes Effect. This act shall take effect April 1, 1961. 
[Approved March 29, 1961.] 
[Effective date April 1, 1961.] 



1961] Chapter 42 29 

CHAPTER 42. 

AN ACT CHANGING THE NAME OF CRESCENT ISLAND IN LAKE WINNIPESAUKEE 
TO LITTLE SIX MILE ISLAND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

42:1 Change of Name. The name of Crescent Island annexed to the 
town of Moultonborough by chapter 274 of the Laws of 1909 is hereby 
changed to Little Six Mile Island. 

42:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 43. 



AN ACT PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A SPECIAL HEAD 

TAX FOR STATE PURPOSES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

43:1 Special Head Tax. There is hereby levied and assessed in 1961 
and 1962 for the use of the state a special head tax of five dollars upon 
each and every resident of the state, as defined herein, over twenty-one 
and under seventy years of age. 

43:2 Resident Defined. The word "resident" as used herein shall 
mean a person, whether a citizen or an alien, except paupers and insane 
persons, who has resided in this state for at least six months next preced- 
ing the date of each assessment of the head tax hereunder. 

43:3 Time of Payment. Said head tax shall be assessed upon April 
1, 1961, and April 1, 1962, and payable upon demand on or after each of 
said dates. 

43:4 Collection. The selectmen of towns and assessors of cities shall 
on or before June 1, 1961 and June 1, 1962, make a list of all head taxes 
by them assessed against residents of their respective towns and cities 
and commit the same together with a warrant under their hands and 
seals to the collector of taxes for such town or city directing said collector 
to collect such head taxes on or before December first next following 
and keep the same in a special account, and monthly, or oftener, pay the 
same over to the town or city treasurer as the same are collected. Upon 
receipt of the original head tax warrant in each year the collector shall 



30 Chapter 43 [1961 

forth^vith certify to the state treasurer, upon a form prescribed and pro- 
vided by the state treasurer, the total amount thereof. Upon application 
by the assessors the tax commission for good cause may extend the time for 
such delivery. 

43:5 Penalty. There shall be added to any special head tax not paid 
in ftill on or before December first following the assessment thereof the 
sum of fifty cents which shall be collected with the tax as incident thereto. 

43:6 Remedies for Collection. Said special head taxes may be col- 
lected by all of the means and methods provided in RSA 80 and the pro- 
visions of RSA 214:10 and RSA 260:4-6 as amended by 1955, 39:1, 2, 
50:17, 125:1 and 1957, 13 shall apply to the special head tax assessed 
hereunder. 

43:7 Husband Liable. A husband shall be liable for the payment 
of the special head tax assessed against his wife, if, when it was assessed, 
they -were living together. 

43:8 Liability of Cities and Towns. Each town and city shall be 
liable to the state for all special head taxes lawfully assessed in such town 
or city. 

43:9 Payment to State. On or before the fifteenth day of the months 
of September, December, March and June, each town and city shall cause 
its tax collector to certify such information as the state treasiuer shall 
require and the treasurer to pay over to the state treasurer all special 
head taxes and penalties collected during the preceding three months 
after first deducting ten per cent of the head taxes collected. Such deduc- 
tion shall be for the use of the town or city to offset all expenses incurred 
in the assessment and collection of the special head taxes; provided how- 
ever that in towns where the collector of taxes is paid on a part time or 
commission basis not less than thirty per cent of the sum so deducted 
shall be paid to said collector for his services in collecting said head taxes. 
If any town or city shall fail to make its payment when due the deduction 
of the ten per cent to be retained by it shall be reduced by one quarter 
of one per cent for each week or part thereof said payment is overdue. 

43:10 Final Payment. Each town and city shall cause its treasurer 
on the fifteenth day of June in the year following the assessment to pay 
to the state treasurer an amount equal to all tmcollected head taxes for 
which the city or town is then liable less the ten per cent deduction pro- 
vided that the total deduction retained from all payments to the state 
treasurer shall not exceed ten per cent of the total amount of the original 
warrant less the amount of all lawful abatements certified to the state 
treasurer. If the payment is not made as above provided the state treasurer 
shall withhold the amount of any head taxes and penalties due to the 
state for which the town or city may be liable, from any amounts payable 
by the state to the city or town failing to make the payments of head taxes 



1961] Chapter 43 31 

as aforesaid. The state treasurer shall not pay to any city or town any 
amounts that may be due to it from the state until all payments of head 
taxes then due have been paid to him. 

43:11 Extents. The state treasurer shall also issue his extent for the 
amounts of all head taxes and penalties which have been collected and 
not remitted by any town or city as provided herein. 

43:12 Abatements. Selectmen and assessors may abate any special 
head tax assessed against persons not subject thereto as provided in sec- 
tions I and 2 of this chapter and upon written application may abate 
such tax when it appears that the payment thereof would impose an un- 
due hardship upon the applicant or after all methods of collection pro- 
vided by law have proved ineffective. They shall make a written record 
of all abatements made by them and certify the names, addresses and pre- 
cise reasons for all abatements made because of undue hardship and in- 
ability to collect the same to the tax commission for review. If, upon 
review, the tax commission decides that the abatement should not have 
been made it shall disallow the abatement and upon notice thereof the 
town shall pay to the state the amount of all abatements so disallowed. 

43:13 Supplementary Bond of Collector. Whenever the tax com- 
mission deems it necessary, a collector of taxes or town manager may be 
required to furnish a further and additional bond beyond that required 
by other provisions of law with sufficient sureties, in such form and 
amount as the commission may approve. The premiums shall be paid 
by the state. 

43:14 Supplies, Bills and Postage. The tax commission shall pro- 
vide each city and town, without charge, printed tax bills, envelopes, 
postage, or postal cards, and other supplies, to be used in assessing and 
collecting such special head taxes and in keeping the necessary records 
relating thereto. It may reimburse any city or town in which it seems 
more practicable and advisable for it to obtain its own supplies, materials 
and postage, for the cost thereof provided that the purchase of such sup- 
plies, materials and postage by city or town has been previously approved 
by the tax commission. The expenses incurred or reimbursements author- 
ized by the tax commission hereunder and for supplemental bonds re- 
quired hereunder shall be a charge against the funds collected by the state 
under the provisions hereof. 

43:15 Exemptions. All persons on active duty in the armed forces 
of the United States of America on the date of assessment shall be exempt 
from payment of the special head tax. Veterans totally and permanently 
disabled from service connection who are drawing federal compensation 
or pension and whose income, exclusive of said compensation or pension, 
is less than one thousand dollars a year, upon written request filed on or 
before April fifteenth, shall be exempt from the special head tax. 



32 Chapter 44 [1961 

43:16 Disposition of Taxes. All funds received by the state treasurer 
under the provisions hereof, less costs of collection as provided in sections 
9 and 14, shall be deposited in the general funds of the state. 

43:17 Refund of Tax Paid. If it shall appear that a person has paid 
a head tax for which he was not liable and said tax has been paid to the 
state treasurer by the town or city where it was collected, the state treas- 
urer, after investigation by the tax commission, upon order of the tax 
commission, shall pay to the person who paid the tax the amount of the 
tax paid, provided application therefor is made to the tax commission on 
or before June thirtieth in the year next following the date of assess- 
ment. 

43:18 Application of Statutes. No person obtaining an abatement 
under section 12 of this act shall for that action be precluded from voting 
under section 1 of chapter 54 RSA. 

43:19 Takes Effect. This act shall take effect as of April 1, 1961. 
[Approved March 30, 1961 — 1:17, P.M.] 
[Effective date April 1, 1961.] 



CHAPTER 44. 

AN ACT RELATIVE TO CHECKLISTS FOR CO-OPERATIVE SCHOOL DISTRICTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

44:1 Co-operative School Districts. Amend RSA 195:4 by inserting 
after paragraph II the following new paragraph: Il-a Notwithstanding 
the provisions of paragraph II whenever each of the pre-existing school 
districts is coextensive with the town in which it is located the co-opera- 
tive school district may, at an annual co-operative school district meeting, 
under an article in the warrant for such meeting, vote that the super- 
visors of each town, acting as the supervisors of the co-operative school 
district, shall make, post and correct in each pre-existing district a check- 
list of the voters in each pre-existing district and shall certify to the same 
acting as supervisors of the co-operative school district. At each annual 
meeting for the election of officers of the co-operative district the check- 
lists prepared by the supervisors in each pre-existing district in accordance 
with the provisions of this paragraph shall be used and the town super- 
visors from each pre-existing district shall attend said annual meeting. 
The voters of the co-operative district shall be those whose names appear 
on the check-lists as provided by this paragraph. The supervisors shall be 
paid such compensation as the district may provide. 



1961] Chapter 45 33 

44:2 Takes Effect. This act shall take effect upon its passage. 
[Approved March 30, 1961.] 
[Effective date March 30, 1961.] 



CHAPTER 45. 



AN ACT RELATIVE TO ENLARGING OR REDUCING THE MEMBERSHIP OF SCHOOL 

BOARDS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

45:1 Changing Number of Members. Amend RSA 197:15 by in- 
serting after the word "by law" in the fourth line the words, adopted at 
any annual meeting. At any annual meeting, so that said section as 
amended shall read as follows: 197:15 School Board. While any district 
maintains a high school, or unites with another district in maintaining 
one, it may have a school board consisting of three, six, or nine members, 
as it shall determine by vote or bylaw adopted at any annual meeting. At 
any annual meeting any such district, having a board of nine or six 
members, may vote to decrease the membership of said board and in 
that case said district shall determine by vote what number of members 
shall be elected to the board each year to fill vacancies, so that the board 
will decrease an equal number each year until it shall be composed of 
only six or three members. Whenever such district ceases to maintain 
or to unite in maintaining a high school, it shall thereafter elect only 
one member to the school board each year to fill vacancies occurring from 
expiration of term of service, so that the board will decrease in numbers, 
year by year, until it shall be composed of only three members. 

45:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 46. 

AN ACT RELATIVE TO A SCHOOL OF BUSINESS AND ECONOMICS AT THE 
UNIVERSITY OF NEW HAMPSHIRE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

46:1 University of New Hampshire. Amend RSA 187:4 by striking 
out said section and inserting in place thereof the following: 187:4 — 



34 Chapter 47 [1961 

Departments. The university shall also include a college of technology, 
a college of liberal arts, a school of business and economics, and such 
schools, departments and divisions as are consistent with such organiza- 
tion, and such other colleges, schools, departments or divisions as the 
legislature may authorize. 

46:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 47. 



AN ACT GIVING INJUNCTIVE RELIEF FOR VIOLATIONS OF WATER POLLUTION 

COMMISSION ORDERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

47:1 Injunctive Relief. Amend RSA 149:8 by inserting after para- 
graph III the following new paragraph: IV. On application of the water 
pollution commission, the superior court or any justice thereof, in term 
time, or in vacation may enjoin any act in violation of any lawful order 
of the commission. 

47:2 Takes Efifect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 48. 

AN ACT ESTABLISHING THE UNAUTHORIZED INSURERS FALSE ADVERTISING 

PROCESS ACT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

48:1 New Chapter. Amend RSA by inserting after chapter 406 the 
following new chapter: 

Chapter 406-A 

Unauthorized Insurers False Advertising Process Act 

406-A: 1 Purpose of Chapter, (a) The purpose of this chapter is to 
subject to the jurisdiction of the insurance commissioner of this state and 



1961] Chapter 48 35 

to the jurisdiction of the courts of this state insurers not authorized to 
transact business in this state which place in or send into this state any 
false advertising designed to induce residents of this state to purchase 
insurance from insurers not authorized to transact business in this state. 
The legislature declares it is in the interest of the citizens of this state 
who purchase insurance from insurers which solicit insurance business 
in this state in the manner set forth in the preceding sentence that such 
insurers be subject to the provisions of this chapter. In furtherance of 
such state interest, the legislature herein provides a method of substituted 
service of process upon such insurers and declares that in so doing, it 
exercises its power to protect its residents and also exercises powers and 
privileges available to the state by virtue of Public Law 15, 79th Congress 
of the United States, Chapter 20, 1st Session, S. 340, which declares that 
the business of insurance and every person engaged therein shall be sub- 
ject to the laws of the several states; the authority provided herein to be 
in addition to any existing powers of this state. 

(b) The provisions of this chapter shall be liberally construed. 

406-A:2 Definitions. When used in this chapter: 

(a) "The commissioner" shall mean the insurance commissioner of 
this state. 

(b) "Unfair trade practice act" shall mean Revised Statutes An- 
notated, chapter 417, entitled Unfair Insurance Trade Practices. 

(c) "Residents" shall mean and include person, partnership or cor- 
poration, domestic, alien or foreign. 

406-A:3 Notice to Domiciliary Supervisory Official. No unauthor- 
ized foreign or alien insurer of the kind described in section 1 shall make, 
issue, circulate or cause to be made, issued or circulated, to residents of 
this state any estimate, illustration, circular, pamphlet, or letter, or cause 
to be made in any newspaper, magazine or other publication or over any 
radio or television station, any announcement or statement to such resi- 
dents misrepresenting its financial condition or the terms of any contracts 
issued or to be issued or the benefits or advantages promised thereby, or 
the dividends or share of the surplus to be received thereon in violation 
of the unfair trade practice act, and whenever the commissioner shall 
have reason to believe that any such insurer is engaging in such unlawful 
advertising, it shall be his duty to give notice of such fact by registered 
mail to such insurer and to the insurance supervisory official of the dom- 
iciliary state of such insurer. For the purpose of this section, the domicil- 
iary state of an alien insurer shall be deemed to be the state of entry or 
the state of the principal office in the United States. 

406-A:4 Actions by Commissioner. If after thirty days following 
the giving of the notice mentioned in section 3 such insurer has failed 
to cease making, issuing, or circulating such false misrepresentations or 



36 Chapter 48 [1961 

causing the same to be made, issued or circulated in this state, and if the 
commissioner has reason to believe that a proceeding by him in respect 
to such matters would be to the interest of the public, and that such in- 
surer is issuing or delivering contracts of insurance to residents of this 
state or collecting premiums on such contracts or doing any of the acts 
enumerated in section 5, he shall take action against such insurer under 
the unfair trade practice act. 

406-A:5 Service upon Unauthorized Insurer, (a) Any of the follow- 
ing acts in this state, effected by mail or otherwise, by any such unauthor- 
ized foreign or alien insurer: (1) the issuance or delivery of contracts of 
insurance to residents of this state, (2) the solicitation of applications 
for such contracts, (3) the collection of premiums, membership fees, 
assessments or other considerations for such contracts, or (4) any other 
transaction of insurance business, is equivalent to and shall constitute an 
appointment by such insurer of the insurance commissioner and his suc- 
cessor or successors in office, to be its true and lawful attorney, upon 
whom may be served all statements of charges, notices and lawful process 
in any proceeding instituted in respect to the misrepresentations set forth 
in section 3 hereof under the provisions of the unfair trade practice act, 
or in any action, suit or proceeding for the recovery of any penalty therein 
provided, and any such act shall be signification of its agreement that such 
service of statement of charges, notices or process is of the same legal force 
and validity as personal service of such statement of charges, notices or 
process in this state, upon such insurer. 

(b) Service of a statement of charges and notices under said unfair 
trade practice act shall be made by any deputy or employee of the depart- 
ment of insurance delivering to and leaving with the commissioner or 
some person in apparent charge of his office, two copies thereof. Service 
of process issued by any court in any action, suit or proceeding to collect 
any penalty under said act provided, shall be made by delivering and 
leaving with the commissioner, or some person in apparent charge of his 
office, two copies thereof. The commissioner shall forthwith cause to be 
mailed by registered mail one of the copies of such statement of charges, 
notices or process to the defendant at its last known principal place of 
business, and shall keep a record of all statements of charges, notices and 
process so served. Such service of statement of charges, notices or process 
shall be sufficient provided they shall have been so mailed and the de- 
fendant's receipt or receipt issued by the post office with which the letter 
is registered, showing the name of the sender of the letter and the name 
and address of the person to whom the letter is addressed, and the affi- 
davit of the person mailing such letter showing a compliance herewith 
are filed with the commissioner in the case of any statement of charges or 
notices, or with the clerk of the court in which such action is pending 
in the case of any process, on or before the date the defendant is required 
to appear or within such further time as may be allowed. 



1961] Chapter 48 37 

(c) Service of statement of charges, notices or process in any such 
proceeding, action or suit shall in addition to the manner provided in 
subsection (b) of this section be valid if served upon any person within 
this state who on behalf of such insurer is (1) soliciting insurance, or (2) 
making, issuing or delivering any contract of insurance, or (3) collecting 
or receiving in this state any premium for insurance; and a copy of such 
statement of charges, notices or process is sent within ten days thereafter 
by registered mail by or on behalf of the commissioner to the defendant 
at the last known principal place of business of the defendant, and the 
defendant's receipt, or the receipt issued by the post office with which 
the letter is registered, showing the name of the sender of the letter, the 
name and address of the person to whom the letter is addressed, and the 
affidavit of the person mailing the same showing a compliance herewith, 
are filed with the commissioner in the case of any statement of charges 
or notices, or with the clerk of the court in which such action is pending 
in the case of any process, on or before the date the defendant is required 
to appear or within such further time as the court may allow. 

(d) No cease or desist order or judgment by default under this sec- 
tion shall be entered until the expiration of thirty days from the date of 
the filing of the affidavit of compliance. 

(e) Service of process and notice under the provisions of this chapter 
shall be in addition to all other methods of service provided by law, and 
nothing in this chapter shall limit or prohibit the right to serve any state- 
ment of charges, notices or process upon any insurer in any other manner 
now or hereafter permitted by law. 

406-A:6 Constitutionality. If any provision of this chapter or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions or application of the chapter 
which can be given effect without the invalid provision or application, 
and to this end the provisions of this chapter are declared to be severable. 

406-A:7 Short Title. This chapter may be cited as the Unauthorized 
Insurers False Advertising Process Act. 

48:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



38 Chapter 49 [1961 

CHAPTER 49. 

AN ACT PERTAINING TO TAXATION OF FALLOUT SHELTERS. 

Whereas, in case of enemy attack radioactive fallout would present 
a grave danger to the lives and health of the people of New Hampshire, 
and 

Whereas, a fallout shelter is the only safe defense against fallout, and 

Whereas, it is the purpose of this act to encourage the building of 
fallout shelters throughout the state, now therefore, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

49:1 Taxation. Amend RSA 107 by inserting after section 22 (supp) 
as inserted by 1955, 218:5 the following new sections: 

107:23 Fallout Shelters. Fallout shelters conforming to the office 
of civil and defense mobilization specifications or standards, built in or 
adjacent to, existing business buildings, multi-family dwellings or single 
family dwellings, and fallout shelters conforming to office of civil and 
defense mobilization specifications or standards, incorporated in the plans 
and /or construction of new business buildings, multi-family dwellings 
and single family dAvellings shall be exempt from taxation, provided that 
such shelters are btiilt solely for protection from radioactive fallout. 

— 107:24 Limitation. The exemption from taxation provided in sec- 
tion 23 shall not exceed two hundred dollars per person, based on the 
shelter capacity. 

107:25 Inspection, It shall be the duty of the local civil defense 
director to inspect all shelters erected in his jurisdiction and to report 
to the mayor or board of selectmen of the municipality whether or not 
said shelters conform to office of civil and defense mobilization specifica- 
tions or standards. 

49:2 Takes Effect. This act shall take effect as of April 1, 1962. 
[Approved March 30, 1961.] 
[Effective date April 1, 1962.] 



CHAPTER 50. 

AN ACT RELATIVE TO ASSISTANCE TO NEEDY BLIND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

50:1 Needy Blind. Amend paragraph I of RSA 167:4 by striking 
out said paragraph and inserting in place thereof the following: I. In 



1961] Chapter 51 39 

the determination of sufficiency of income in the administration of aid 
to the needy blind the first eighty-five dollars per month of earned in- 
come plus one-half of earned income in excess of eighty-five dollars per 
month shall be disregarded. 

50:2 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved March 30, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 51. 

AN ACT ESTABLISHING THE EMERGENCY INTERIM SUCCESSION ACT. 

Whereas, the constitution was amended by adding Article 5A, part 
second to allow the legislature to pass laws which would become tempo- 
rarily effective in the event of an enemy attack so that persons other than 
elected and appointed officers and officials of government could then 
carry on governmental duties promptly until the vacancies caused by 
death or disability of government officers and officials by such attack could 
be filled by proper elections and appointments under regular govern- 
ment requirements; and 

Whereas, said constitutional amendment became effective on No- 
vember 8, 1960; and 

Whereas, the New Hampshire Revised Statutes annotated should 
be amended to conform to the said constitutional amendment, now there- 
fore Be it Enacted by the Senate and House of Representatives in Gen- 
eral Court convened: 

51:1 Continuity of government. Amend RSA by inserting after 
chapter 108 the following new chapter: 

Chapter 108-A 

Emergency Interim Succession Act 
Interim Legislative Succession 

108-A: 1 Declaration of Policy. The legislature declares: 

(1) that recent technological developments make possible an enemy 
attack of unprecendented destructiveness, which may result in the death 
or inability to act of a large proportion of the membership of the legis- 
lature; (2) that to conform in time of attack to existing legal requirements 
pertaining to the legislature would be impracticable, would admit of 
undue delay, and would jeopardize continuity of operation of a legally 
constituted legislature; and (3) that it is therefore necessary to adopt 
special provisions as hereinafter set out for the effective operation of the 
lesrislature. 



40 Chapter 51 " [1961 

108-A:2 Definitions. As used in this subdivision: 

I. "Attack" means any attack or series of attacks by an enemy of the 
United States causing, or which may cause, substantial damage or in- 
jury to civilian property or persons in the United States in any manner 
by sabotage or by the use of bombs, missiles, shellfire, or atomic, radio- 
logical, chemical, bacteriological, or biological means or other weapons 
or processes. 

II. "Unavailable" means absent from the place of session (other 
than on official business of the legislature), or unable, for physical, mental 
or legal reasons, to exercise the powers and discharge the duties of a legis- 
lator, whether or not such absence or inability would give rise to a 
vacancy under existing constitutional or statutory provisions. 

108-A:3 Designation of Emergency Interim Successors to Legislators. 

Each legislator shall designate not fewer than three or more than five 
emergency interim successors to his powers and duties and specify their 
order or succession. Each legislator shall review and, as necessary, prompt- 
ly revise the designations of emergency interim successors to his powers 
and duties to insure that at all times there are at least three such qualified 
emergency interim successors. 

108-A:4 Status, Qualifications and Term of Emergency Interim 
Successors. An emergency interim successor is one who is designated for 
possible temporary succession to the powers and duties, but not the office, 
of a legislator. No person shall be designated or serve as an emergency 
interim successor unless he may under the constitution and statutes hold 
the office of the legislator to whose powers and duties he is designated to 
succeed, but no constitutional or statutory provision prohibiting a legis- 
lator from holding another office or prohibiting the holder of another 
office from being a legislator shall be applicable to an emergency interim 
successor. An emergency interim successor shall serve at the pleasure of 
the legislator designating him or of any subsequent incumbent of the 
legislative office. 

108-A:5 Recording and Publication. Each designation of an emer- 
gency interim successor shall become effective when the legislator making 
the designation files with the secretary of state the successor's name, ad- 
dress and rank in order of succession. The removal of an emergency 
interim successor or change in order of succession shall become effective 
when the legislator so acting files this information with the secretary of 
state. All such data shall be open to public inspection. The secretary of 
state shall inform the governor, the state office of civil defense, the presi- 
dent of the senate and speaker of the house, concerned and all emergency 
interim successors, of all such designations, removals and changes in order 
of succession. The clerk of each branch shall enter all information regard- 
ing emergency interim successors for its respective branch in its public 
journal at the beginning of each legislative session and shall enter all 



1961] Chapter 51 41 

changes in membership or order of succession as soon as possible after 
their occurrence. 

108-A:6 Oath of Emergency Interim Successors. Before performing 
any duty as such interim successor, each such emergency successor shall 
take the oath of office required by the constitution. 

108-A:7 Duty of Emergency Interim Successors. Each emergency 
interim successor shall keep himself generally informed as to the duties, 
procedures, practices and current business of the legislature, and each 
legislator shall assist his emergency interim successors to keep themselves 
so informed. 

108-A:8 Assumption of Powers and Duties of Legislator by Emer- 
gency Interim Successor. If in the event of an attack as defined herein, a 
legislator is unavailable, his emergency interim successor highest in order 
of succession who is not unavailable shall, except for the power and duty 
to appoint emergency interim successors, exercise the powers and assume 
the duties of such legislator. An emergency interim successor shall exer- 
cise these powers and assume these duties until the incumbent legislator, 
an emergency interim successor higher in order of succession, or a legis- 
lator appointed or elected and legally qualified can act. Each branch of 
the legislature shall, in accordance with its own rules, determine who is 
entitled under the provisions hereof to exercise the powers and assume 
the duties of its members. All constitutional and statutory provisions 
pertaining to ouster of a legislator shall be applicable to an emergency 
interim successor who is exercising the powers and assuming the duties 
of a legislator. 

108-A:9 Privileges, Immunities and Compensation of Emergency 
Interim Successors. When an emergency interim successor exercises the 
powers and assumes the duties of a legislator, he shall be accorded the 
privileges and immunities to which a legislator is entitled. In the event 
of an attack, each emergency interim successor, whether or not called 
upon to exercise the powers and assume the duties of a legislator, shall 
be accorded the privileges and immunities of a legislator while traveling 
to and from a place of session and shall be compensated for his travel 
in the same manner and amount as a legislator. This section shall not in 
any way affect the privileges, immunities, compensation, allowances or 
other perquisites of office of an incumbent legislator. 

Interim Executive and Judicial Succession 

108-A:10 Declaration of Policy. Because of the existing possibility 
of attack upon the United States of unprecedented size and destructive- 
ness, and in order, in the event of such an attack, to assure continuity of 
government through legally constituted leadership, authority and re- 
sponsibility in offices of the government of the state and its political sub- 
divisions; to provide for the effective operation of governments during 
an emergency; and to facilitate the early resumption of functions tempo- 



42 Chapter 51 [1961 

rarily suspended, it is found and declared to be necessary to provide for 
additional officers who can exercise the powers and discharge the duties 
of governor; to provide for emergency interim succession to governmental 
offices of this state, and its political subdivisions, in the event the incum- 
bents thereof (and their deputies, assistants or other subordinate officers 
authorized, pursuant to law, to exercise all of the powers and discharge 
the dtities of such offices) are unavailable to perform the duties and 
functions of such offices; and to provide for emergency justices who can 
exercise the powers and discharge the duties of judicial offices in the 
event regular justices are unavailable. 

108-A:11 Definitions. Unless otherwise clearly required by the 
context, as used in this subdivision: 

I. "Unavailable" means either that a vacancy in office exists and 
there is no deputy authorized to exercise all of the powers and discharge 
the dtities of the office, or that the lawful incumbent of the office (includ- 
ing any deputy exercising the powers and discharging the duties of an 
office becatise of a vacancy) and his duly authorized deputy are absent 
or unable to exercise the powers and discharge the duties of the office. 

II. "Emergency interim successor" means a person designated pur- 
suant hereto, in the event the officer is unavailable, to exercise the powers 
and discharge the duties of an office until a successor is appointed or 
elected and qualified as may be provided by the constitution, statutes, 
charters and ordinances or until the lawful incumbent is able to resume 
the exercise of the powers and discharge the duties of the office. 

III. "Office" includes all state and local offices, the powers and duties 
of which are defined by the constitution, statutes, charters, and ordi- 
nances, except the office of governor, the members of the governor's 
council, and except those in the legislature and the judiciary. 

IV. "Attack" means any attack or series of attacks by an enemy of 
the United States causing, or which may cause, substantial damage or 
injury to civilian property or persons in the United States in any manner 
by sabotage or by the use of bombs, missiles, shellfire, or atomic, radio- 
logical, chemical, bacteriological, or biological means or other ^veapons 
or processes. 

V. "Political subdivision" includes counties, cities, towns, village 

7 7 ' o 

districts, authorities, and other public corporations and entities whether 
organized and existing under charter or general law. 

108-A:12 Additional Successors to Office of Governor. In the event 
that the governor, for any of the reasons specified in the constitution, is 
not able to exercise the powers and discharge the duties of his office, or is 
unavailable, and in the event the president of the senate, and the speaker 
of the house be for any of the reasons specified in the constitution not 
able to exercise the powers and discharge the duties of the office of gov- 
ernor, or be unavailable, the attorney general and secretary of state, shall, 



1961] Chapter 51 43 

in the order named, if the preceding named officers be unavailable, exer- 
cise the powers and discharge the duties of the office of governor until a 
new governor is elected and qualified, or until a preceding named officer 
becomes available; provided, however, that no emergency interim suc- 
cessor to the aforementioned offices may serve as governor. 

108-A:13 Emergency Interim Successors to Council. Each of the 
five councilors for advising the governor shall appoint his own successors, 
which shall be not less than three nor more than five in number, and shall 
so inform the governor and the secretary of state. 

108-A:14 Emergency Interim Successors for State Officers. All state 
officers, subject to such regulations as the governor (or other official au- 
thorized under the constitution or this chapter to exercise the powers and 
discharge the duties of the office of governor) may issue, shall, upon ap- 
proval of this chapter, in addition to any deputy authorized pursuant to 
law to exercise all of the powers and discharge the duties of the office, 
designate by title emergency interim successors and specify their order of 
succession. The officer shall review and revise, as necessary, designations 
made pursuant to this chapter to insure their current status. The officer 
will designate a sufficient number of such emergency interim successors 
so that there will be not less than three, nor more than five, such deputies 
or emergency interim successors or any combination thereof, at any time. 
In the event that any state officer is unavailable following an attack, and 
in the event his deputy, if any, is also unavailable, the said powers of his 
office shall be exercised and the said duties of his office shall be discharged 
by his designated emergency interim successors in the order specified. 
Such emergency interim successors shall exercise said powers and dis- 
charge said duties only until such time as the governor under the con- 
stitution or authority other than this chapter (or other official authorized 
under the constitution or this chapter to exercise the powers and discharge 
the duties of the office of governor) may, where a vacancy exists, appoint 
a successor to fill the vacancy or until a successor is otherwise appointed, 
or elected and qualified as provided by law; or an officer (or his deputy 
or a preceding named emergency interim successor) becomes available 
to exercise, or resume the exercise of, the powers and discharge the duties 
of his office. 

108-A:15 Enabling Authority for Emergency Interim Successors for 
Local Offices. With respect to local offices of cities, towns, village dis- 
tricts, and counties the legislative bodies are hereby authorized to enact 
by-laws or ordinances providing for emergency interim successors to 
offices of the aforementioned governmental units. Such resolutions and 
ordinances shall not be inconsistent with the provisions of this chapter. 

108-A:16 Emergency Justices. In the event that any justice of any 
court is unavailable to exercise the powers and discharge the duties of 
his office, and in the event no other justice authorized to act in the event 



44 Chapter 51 [1961 

of absence, disability or vacancy or no justice appointed in accordance 
with the provisions of the constitution or statutes is available to exercise 
the powers and discharge the duties of such office, the duties of the office 
shall be discharged and the powers exercised by the emergency justices 
hereinafter provided for: 

I. The governor with the advice and consent of the council upon 
approval of this chapter, shall designate for each member of the supreme 
court and superior court emergency justices in the number of not less 
than three nor more than five for each member of said court and shall 
specify their order of succession. 

II. The governor, with the advice and consent of the council, upon 
the approval of this chapter, shall designate not less than three nor more 
than five emergency judges of probate in each of the counties of the state, 
and not less than three nor more than five emergency justices for each 
municipal court justice and special justice in each city of the state, and 
in every town where there is a municipal court shall designate one emer- 
gency justice for said court. 

III. Such emergency judges shall, in the order specified, exercise 
the powers and discharge the duties of such office in case of the unavail- 
ability of the regular justice or justices or persons immediately preceding 
them in the designation. The governor with the advice and consent of 
the council shall review and revise, as necessary, designations made pur- 
suant to this chapter to insure their current status. 

IV. Said emergency justices shall discharge the duties and exercise 
the powers of such office until such time as a vacancy which may exist 
shall be filled in accordance with the constitution and statutes or until 
the regular justice or one preceding the designee in the order of succession 
becomes available to exercise the powers and discharge the duties of the 
office. 

108-A:17 Formalities of Taking Office. At the time of their designa- 
tion, emergency interim successors and emergency justices shall take 
such oath as may be required for them to exercise the powers and dis- 
charge the duties of the office to which they may succeed. Notwithstanding 
any other provision of law, no person, as a prerequisite to the exercise 
of the powers or discharge of the duties of an office to which he succeeds, 
shall be required to comply with any other provision of law relative to 
taking office. 

108-A:18 Period in Which Authority May be Exercised. Officials 
authorized to act as governor pursuant to this act, emergency interim 
successors to council, emergency interim successors and emergency jus- 
tices are empowered to exercise the powers and discharge the duties of 
an office as herein authorized only after an attack, as defined herein, has 
occurred. The legislature may terminate the authority of said emergency 



1961] Chapter 52 45 

interim successors and emergency justices to exercise the powers and 
discharge the duties of office as herein provided. 

108-A:19 Removal of Designees. Until such time as the persons 
designated as emergency interim successors or emergency justices of any 
court are authorized to exercise the powers and discharge the duties of 
an office in accordance with this chapter, including Section 18 hereof, 
said persons shall serve in their designated capacities at the pleasure of 
the designating authority and may be removed or replaced by said 
designating authority at any time, with or without cause. 

108-A:20 Disputes. Any dispute concerning a question of fact aris- 
ing hereunder with respect to an office in the executive branch of the 
state government (except a dispute of fact relative to the office of gover- 
nor) shall be adjudicated by the governor (or other official authorized 
under the constitution or this chapter to exercise the powers and discharge 
the duties of the office of governor) and his decision shall be final. 

108-A:21 Termination of Operation of Provisions of this Act: The 

operation of the provisions of this act shall expire two years following 
the inception of an attack, but nothing herein shall prevent the resump- 
tion before such time of the filling of legislative vacancies and the calling 
of elections for the legislature in accordance with applicable constitu- 
tional and statutory provisions. The governor, acting by proclamation, 
or the legislature, may from time to time extend or restore such authority 
or the operation of any of such provisions upon a finding that events 
render the extension or restoration necessary, but no extension or restora- 
tion shall be for a period of more than one year. 

51:2 Takes Effect. This act shall take effect upon its passage, 
[Approved March 30, 1961.] 
[Effective date March 30, 1961.] 



CHAPTER 52. 

AN ACT PROVIDING FOR THE ATTORNEY GENERAL TO REPRESENT A CITY OR 
TOWN IN CERTAIN TAX ABATEMENT PROCEEDINGS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

52:1 Tax Abatement Proceedings. Amend RSA 71 by adding after 
section 15 the following new section: 71:15-a Legal Counsel. Whenever 
an assessment or reassessment made upon order of the tax commission 
or made by the tax commission under RSA 71:12 results in a petition 
being brought in the superior court by a taxpayer against a city or town 
for abatement of the tax so assessed the attorney general in his discretion, 



46 Chapter 53 [1961 

upon request of the tax commission, may represent the town or city in- 
volved at no cost or expense to the town or city. All costs and expenses of 
said proceeding, for which the town or city would otherwise be liable, 
excepting the salaries of the attorney general or his staff member engaged 
therein, shall be a proper charge against the appropriation for the tax 
commission. Nothing herein shall be construed as authorizing the attor- 
ney general to appear for a town or city in any actions which may be 
brought against said town or city in tax abatement proceedings other 
than as specifically authorized hereunder. 

52:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 53. 



AN ACT RELATIVE TO AFFIDAVITS TO BE SIGNED BY CANDIDATES FOR THE 
OFFICE OF STATE SENATOR OR REPRESENTATIVE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

53:1 Elections. Amend RSA 56 by inserting after section 7 the fol- 
lowing new section: 56:7-a Qualification of Candidates. The form for 
affidavit prepared by the secretary of state for candidates for the office of 
state senator or representative, as required by RSA 56:7, shall specifically 

provide the following: (For use by candidate for state senate): I 

candidate for the office of senator for the district hereby certify 

that I am at least thirty years of age, have been an inhabitant of the state 
of New Hampshire for at least seven years immediately preceding the 
election at which I am a candidate and at the present time am an in- 
habitant of senatorial district No (For use by candidate for 

representative to the general court): I candidate for the office 

of representative from the (town) (ward) hereby certify that 

I am at least twenty-one years of age, that for two years, at least, prior 
to the election at which I am a candidate, I have been an inhabitant of 
the state of New Hampshire, and at the present time am an inhabitant of 
the town (ward) or place I may be chosen to represent. 

53:2 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved March 30, 1961.] 
[Effective date January 1, 1962.] 



1961] Chapter 54 47 

CHAPTER 54. 

AN ACT FOR EMERGENCY LOCATION OF STATE AND MUNICIPAL GOVERNMENT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

54:1 Emergency Powers. Amend RSA 107:8 by inserting after sub- 
section (e) the following new subsection: 107:8 (f) To declare an emer- 
gency temporary location, or locations, for the seat of state government at 
such place, or places, within this state as the governor may deem ad- 
visable under the circumstances and to take such action and issue such 
orders as may be necessary for an orderly transaction of the affairs of 
state government to such emergency temporary location, or locations; 
such emergency temporary location, or locations, shall remain the seat 
of government until the legislature shall by law establish a new location 
or locations, or until the emergency is declared to be ended by the gov- 
ernor and the seat of s^overnment is returned to its normal location. 

54:2 Local Organization for Civil Defense. Amend RSA 107:10 by 
inserting after subsection (b) the following new subsection: 108:10 (c) 
In carrying out the provisions hereof each political subdivision, in which 
any disaster as described in section 2 hereof occurs, may meet at any place 
within or without the territorial limits of such political subdivision and 
shall proceed to establish and designate by ordinance, resolution or other 
manner, alternate or substitute sites or places as the emergency temporary 
location, or locations, of such government where all, or any part, of the 
public business may be transacted and conducted during the emergency 
situation; said latter sites or places may be within or without the terri- 
torial limits of such political subdivision, but must be within this state. 

54:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 55. 



AN ACT MAKING COUNTIES ELIGIBLE FOR STATE AID FOR WATER POLLUTION 

CONTROL. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

55:1 State Aid to Counties. Amend RSA 149-B:1 (supp) as inserted 
by 1959, 267:1 by striking out said section and inserting in place thereof 
the following: 149-B:1 State Contributions. The state of New Hamp- 



48 Chapter 56 [1961 

shire shall, in addition to the federal grant made available under the 
provisions of Public Law 660, 84th Congress (subsequent amendments 
thereof, or any other federal legislation), pay annually on or before June 
30, t^venty per cent of the yearly amortization charges on the original 
costs resulting from the acquisition and construction of sewage disposal 
facilities by miuiicipalities (meaning counties, cities, towns or village 
districts) for the control of water pollution. The word construction shall 
include engineerings services, in addition to the construction of new sew- 
age treatment plants, pumping stations and intercepting sewers; the alter- 
ing, improving or adding to existing treatment plants, pumping stations 
and intercepting sewers; provided the construction has been directed 
by the water pollution commission, the state department of health, or 
constitutes a voluntary undertaking designed to control or reduce pollu- 
tion in the surface waters of the state as defined in RSA 149:1, and the 
plan therefor is approved in compliance with the provisions of RSA 
148:25. The term "original costs" as used herein shall mean the entire 
cost of the construction as defined in Public Law 660, 84th Congress (sub- 
sequent amendments thereof, or any other relative federal legislation), 
excluding land acquisition. In computing said costs no deduction shall 
be made for federal grants therefor. 

55:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 56. 

AN ACT RELATING TO DEVISES AND BEQUESTS TO TRUSTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

56:1 New Chapter. Amend RSA by inserting after chapter 563 the 
following new chapter: 

Chapter 563-A 
Uniform Testamentary Additions to Trusts Act 
563-A: 1 Testamentary Additions to Trusts. A devise or bequest, 
the validity of which is determinable by the law of this state, may be 
made by a will to the trustee or trustees of a trust established or to be 
established by the testator or by the testator and some other person or per- 
sons or by some other person or persons (including a funded or unfunded 
life insurance trust, although the trustor has reserved any or all rights 
of ownership of the insurance contracts) if the trust is identified in the 



1961] Chapter 57 49 

testator's will and its terms are set forth in a written instrument (other 
than a will) executed before or concurrently with the execution of the 
testator's will or in the valid last will of a person who has predeceased 
the testator (regardless of the existence, size, or character of the corpus 
of the trust). The devise or bequest shall not be invalid because the trust 
is amendable or revocable, or both, or because the trust was amended 
after the execution of the will or after the death of the testator. Unless 
the testator's will provides otherwise, the property so devised or be- 
queathed (a) shall not be deemed to be held under a testamentary trust 
of the testator but shall become a part of the trust to which it is given 
and (b) shall be administered and disposed of in accordance with the 
provisions of the instrument or will setting forth the terms of the trust, 
including any amendments thereto made before the death of the testator 
(regardless of whether made before or after the execution of the testator's 
will), and, if the testator's will so provides, including any amendments to 
the trust made after the death of the testator. A revocation or termination 
of the trust before the death of the testator shall cause the devise or be- 
quest to lapse. 

563-A:2 Effect on Prior Wills. This act shall apply to devises and 
bequests made by wills of testators who die subsequent to the effective 
date of this act. 

563-A:3 Uniformity of Interpretation. This act shall be so con- 
strued as to effectuate its general purpose to make uniform the law of 
those states which enact it. 

563-A:4 Short Title. This act may be cited as the Uniform Testa- 
mentary Additions to Trusts Act. 

56:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved March 30, 1961.] 
[Effective date May 29, 1961.] 



CHAPTER 57. 

AN ACT RELATIVE TO STATE ADVERTISING, 

Whereas, under the provisions of Laws 1959, chapter 340 sixty thou- 
sand dollars were appropriated for the fiscal year ending June 30, 1960, 
for state advertising and promotional projects, and 

Whereas, forty thousand dollars were expended during said fiscal 
year but the balance was not expended due to misunderstanding relative 
to the time when such appropriation would lapse, now therefore 



50 Chapter 58 [1961 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

57:1 Appropriation. The sum of twenty thousand dollars is hereby 
appropriated to be expended by the planning and development commis- 
sion for the completion and publication of a new combined map-brochure 
of the state. The governor is authorized to draw his warrants for the sum 
hereby appropriated out of any money in the treasury not otherwise ap- 
propriated. 

57:2 Takes Effect. Notwithstanding other provisions of law this act 
shall take effect upon its passage. 
[Approved April 5, 1961.] 
[Effective date April 5, 1961.] 



CHAPTER 58. 



AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES OF 

THE LEGISLATURE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

58:1 Supplemental Appropriation. The sum of two hundred fifty 
thousand dollars is hereby appropriated for the fiscal year ending June 
30, 1961 for expenses of the legislature. This appropriation shall be in 
addition to any other sums appropriated for the legislature, shall not 
lapse and shall not be transferred to any department, institution or ac- 
count. The sum hereby appropriated shall be a charge on the general 
fund. 

58:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 6, 1961, 12:01 P.M.] 
[Effective date April 6, 1961.] 



CHAPTER 59. 



AN ACT PROVIDING FOR THE ELECTION OF COUNTY COMMISSIONERS FOR THE 
COUNTY DISTRICTS OF COOS COUNTY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

59:1 County Commissioners, Election. Amend RSA 64:1 (supp) as 
amended by 1955, 261:1 and 317:1 by inserting after the word "Grafton" 



1961] Chapter 58 51 

in the seventh line the word, Coos, and by striking out the word "solicitor" 
in the third line and inserting in place thereof the word, attorney, so that 
said section as amended shall read as follows: 64:1 Election; Term. 
There shall be chosen at each biennial election by ballot, by the in- 
habitants of the several towns in each county qualified to vote for state 
senators, a sheriff, a county attorney, a county treasurer, a register of 
deeds, a register of probate and three county commissioners, each of whom 
shall take office on January first next succeeding his election, and shall 
hold the same for two years and until his successor is chosen and quali- 
fied, provided, however, that in the counties of Grafton, Coos and Hills- 
borough the inhabitants of the several towns in each of the commissioner 
districts, so qualified, shall choose at each election one commissioner for 
said district. 

59:2 Commissioner Districts. Amend RSA 64 by inserting after 
section 1-b (supp), as inserted by 1955, 317:2, the following new section: 
64:l-c Coos County Districts. The county of Coos is divided into three 
districts, as provided in RSA 64:11, paragraph VII, for the purpose of 
choosing county commissioners and each district is entitled to elect one 
commissioner. 

59:3 Qualifications. Amend RSA 64:2 (supp) as amended by 1955, 
261:3 and 317:3 by striking out the word "solicitor" in the second line 
and inserting in place thereof the word, attorney, and by inserting after 
the word "Grafton" in the fourth line the word, Coos, so that said section 
as amended shall read as follows: 64:2 Eligibility. No person is eligible 
to the office of sheriff, county attorney, county treasurer, register of deeds, 
register of probate or county commissioner unless he is a resident of the 
county for which he is chosen, and, in the case of the county commis- 
sioners of the counties of Grafton, Coos and Hillsborough unless he is a 
resident also of the district for which he is chosen. No person shall hold 
two of said offices at the same time, and the acceptance of one of them 
shall be a resignation of the others. 

59:4 Commissioners. Amend RSA 64:12 (supp) as amended by 1955, 
317:4, by inserting after the word "Grafton" in the fifth line the word, 
Coos, so that said section as amended shall read as follows: 64:12 Com- 
missioners, Eligibility, Voting and Election. In the foregoing counties, 
no person shall be eligible to be a candidate for county commissioner 
except from the district in which he is a resident. The inhabitants of said 
counties may vote for not more than one candidate from each district, 
except in the counties of Grafton, Coos and Hillsborough where the in- 
habitants of each district therein may vote for not more than one candi- 
date from said district. In all of said counties the candidate receiving the 
highest number of votes in any one district shall be declared elected county 
commissioner from that district. 

59:5 Takes Effect. This act shall take effect for the nomination and 
election of Coos county commissioners at the biennial election in 1962, 



52 Chapter 60 [1961 

but nothing herein shall be construed as affecting the term of office or 
the qualifications of county commissioners in office at the time this act 
takes effect. 
[Approved April 6, 1961.] 



CHAPTER 60. 

AN ACT RELATIVE TO RADIATION PROTECTION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

60:1 State Department of Health. Amend RSA 125 by adding after 
section 41 (supp) as inserted by 1957, 282:1 the following new subdivision: 

Radiation Protection 
125:42 Public Policy. Whereas ionizing radiations and their sources 
can be instrumental in the improvement of health, welfare and produc- 
tivity of the public if properly utilized, and may be destructive of life or 
health if carelessly or excessively employed, or may impair the industrial 
and agricultural potentials of the state if improperly utilized, it is hereby 
declared to be the public policy of this state to encourage the constructive 
uses of radiation and to prohibit unnecessary radiation. 

125:43 Definitions. The following words as used in this subdivision 
shall have the following meanings: "Board" means the state board of 
health; "department" means the state department of health; "person" is any 
individual, corporation, association, institution, firm, partnership, agency 
or other organizational entity; and "unnecessary radiation" means the 
use of gamma rays, X-Rays, alpha and beta particles, high speed electrons, 
neutrons, protons, and other atomic or nuclear particles or rays in such 
manner as may present a substantial hazard to the health of the people 
or the industrial or agricultural potentials of the state as determined by 
the consensus of opinion of competent scientific authorities. 

125:44 Rules and Regulations. The state board of health shall have 
power to formulate and promulgate, amend and repeal codes and rules 
and regulations, including registration of sources of radiation as may be 
necessary to prohibit and prevent unnecessary radiation; provided, hoAV- 
ever, that no such code, rule, regulation, amendment or repeal shall be 
adopted except after public hearing. Said public hearing shall be held by 
the state board of health or its duly authorized representatives provided 
that thirty days' notice thereof shall be given by public advertisement 
stating the date, time and place of the hearing; provided further that no 
such amendment or repeal shall be or become effective until thirty days 
after such public hearing. 



1961] Chapter 60 53 

125:45 Functions and Powers of Department of Health. The state 
health officer or his duly authorized representatives may: (a) Administer 
this subdivision and codes, rules, or regulations promvdgated hereunder; 
(b) Develop comprehensive policies and programs for the evaluation and 
determination of hazards associated with the use of radiation, and for 
their amelioration; (c) Advise, consult, and cooperate with other agencies 
of the state, state co-ordinator of atomic development activities, agencies 
of the federal government, other states and interstate agencies, and with 
affected groups, political subdivisions, and industries; (d) Accept and 
administer according to law loans, grants, or other fimds or gifts from 
the federal government and from other sources, public or private, for 
carrying out its functions hereunder; (e) Encourage, participate in, or 
conduct studies, investigations, training, research, and demonstrations 
relating to the control of radiation hazard, the measurement of radiation, 
the effects on health of exposure to radiation, and related problems as it 
may deem necessary or advisable for the discharge of its duties hereunder; 
(f) Collect and disseminate health education information relating to radia- 
tion protection; (g) Review plans and specifications for radiation sources 
submitted pursuant to codes, rules or regulations promulgated here- 
under; (h) Inspect radiation sources, their shielding and immediate sur- 
roundings and records concerning their operation for the determination 
of any possible radiation hazard; (i) All data obtained as a result of regis- 
trations or investigations shall be kept confidential by the department. 

125:46 Use of Radiation Sources. All sources of radiation shall be 
shielded, transported, handled, used and kept in such a manner as to 
prevent all users thereof and all persons within effective range thereof 
from being exposed to unnecessary radiation. 

125:47 Notification of Violation and Order of Abatement. When- 
ever the department finds upon inspection and examination of a source 
of radiation as constructed, operated or maintained that there has been 
a violation of any of the provisions of this subdivision or any codes, rules 
or regidations promulgated hereunder, it shall notify any person found 
to be causing, allowing or permitting such violation, of the nature of that 
violation and order that prior to a time fixed by the department, which 
time shall not be later than ten days from the date of service of the notice, 
that such person shall cease and abate causing, allowing or permitting 
such violation and take such action as may be necessary for the source 
of radiation to be constructed, operated or maintained in compliance 
with this subdivision and codes, rules or regulations promulgated here- 
under. Any person aggrieved by the finding or order of the department 
may request a hearing before the board at any time within fifteen days 
after notification and the board may affirm the finding or order of the 
department or reverse or modify the finding or order of the department. 
Any person aggrieved by the finding or order of the board may bring a 
civil action in superior court at any time within thirty days after being 



54 Chapter 60 [1961 

notified thereof, and said court may proceed in a summary manner or 
otherwise, and thereupon may affirm the finding or order of the board or 
department or reverse or modify the finding or order of the board or 
department in Avhole or in part as the court shall deem just and reason- 
able. 

125:48 Authority of the State Health Officer in Cases of Emergency. 

"Whenever the state health officer finds that an emergency exists requir- 
ing immediate action to protect the public health or welfare, he may issue 
an order reciting the existence of such an emergency and requiring that 
such action be taken as he deems necessary to meet the emergency. Such 
order shall be effective immediately. Any person to whom such order is 
directed shall comply therewith immediately, but on application to the 
board shall be afforded a hearing within fifteen days. On the basis of such 
hearing the board shall continue such order in effect, revoke it, or modify 
it. 

125:49 Injunctive Relief. A civil action may be instituted in su- 
perior court on behalf of the department for injunctive relief to prevent 
the violation of the provisions of this subdivision or codes, rules or regu- 
lations promulgated hereunder, and said court may proceed in the action 
in a summary manner or otherwise and may restrain in all such cases 
any person from violating any of the provisions of this subdivision or said 
codes, rules or regulations. 

125:50 Exceptions. Nothing herein shall be interpreted as limiting 
intentional exposure of patients to radiation by members of any legal 
recognized healing profession as authorized by law. 

125:51 Conflicting Laws. This subdivision shall not be construed 
as repealing any laws of the state relating to radiation sources, exposures, 
radiation protection, and professional licensure, but shall be held and 
construed as auxiliary and supplementary thereto, except to the extent 
that the same are in direct conflict herewith. Nothing in this subdivision 
or in any code, rules or regulations promulgated pursuant thereto shall 
preclude the right of any governing body of a municipality or board of 
health to adopt ordinances or regulations not inconsistent herewith or 
any code, rules or regulations promulgated pursuant thereto. 

125:52 Right of Entry. The state health officer or his duly author- 
ized representative shall have the power to visit any premise at any 
reasonable time for the purpose of inspecting and investigating condi- 
tions relative to the purposes of this subdivision and to examine any 
records or memoranda pertaining to radiation sources and exposure to 
radioactive materials insofar as they may pertain to the public health 
and welfare. 

125:53 Penalty. Any person who violates any of the provisions of 
this subdivision or rule or regulation of the board, or who violates any 



1961] Chapter 61 55 

order of the department promulgated pursuant thereto shall be fined not 
less than fifty dollars nor more than five hundred dollars or imprisoned, 
not exceeding six months, or both, and in addition thereto may be en- 
joined from continuing such violation. Each day any person neglects or 
refuses to comply therewith shall constitute a separate offense. 

125:54 Existing Remedies Unimpaired. No existing civil or crim- 
inal remedy for any wrongful action which is a violation of any code, 
rule or regulation promulgated hereunder shall be excluded or impaired 
by this subdivision. 

125:55 Protection of Powers. The powers and functions vested in 
the state board of health or the state department of health under the pro- 
visions hereof shall not be construed to affect in any manner the powers, 
duties and functions vested in the state board of health or the state de- 
partment of health under any other provisions of law. 

60:2 Takes Effect. This act shall take effect as of Jidy 1, 1961. 

[Approved April 10, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 61. 

AN ACT RELATIVE TO MEETINGS OF THE INTER-DEPARTMENTAL COMMITTEE 
ON WELFARE AND INSTITUTIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

61:1 Meetings. Amend RSA 163:2 by striking out the word "month- 
ly" in the second line and inserting in place thereof the word, bi-monthly, 
so that said section as amended shall read as follows: 163:2 Powers and 
Duties. The inter-departmental committee on welfare and institutions 
shall meet bi-monthly and shall consider problems common to the agen- 
cies represented on the committee; it shall advise the respective admin- 
istering boards on such problems and shall make recommendations as to 
desirable legislation affecting the agencies. 

61:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1961.] 
[Effective date June 9, 1961.] 



56 Chapter 62 [1961 

CHAPTER 62. 

AN ACT RELATIVE TO THE ELIGIBILIT\' FOR RELEASE ON PAROLE AT THE 
EXPIRATION OF THE MINIMUM TERM. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

62:1 Parole of Prisoners. Amend RSA 607:39 by striking out said 
section and inserting in place thereof the following: 607:39 Release at 
End of Minimum Term. Any convict, sentenced as aforesaid, whose 
record of conduct shows that he has faithfully observed all the rules of 
said prison, and has not been subjected to punishment, may be entitled 
to release from said prison upon the expiration of the minimum term 
of his sentence, if there shall appear to said board of parole to be a reason- 
able probability that he will remain at liberty without violating the 
law and will conduct himself as a good citizen. Any convict so released 
shall be given a permit to be at liberty from said prison during the unex- 
pired portion of the maximum term of his sentence. 

62:2 Takes Effect. This act shall take effect upon its passage. 

[Approved April 10, 1961.] 
[Effective date April 10, 1961.] 



CHAPTER 63. 



AN ACT TO PERMIT THE STATE LIBRARY COMMISSION TO ENTER INTO 
AGREEMENTS OR COMPACTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

63:1 State Library. Amend RSA 201 by inserting at the end of said 
chapter the following new section: 201:28 Cooperative Agreements. 
The library commission, with the approval of the governor and council, 
may enter into any agreement or compact with any other state or states, 
with the United States, and with agencies public and private for the 
purpose of developing, improving or operating library facilities and 
services on a basis of mutual advantage and thereby providing more effi- 
cient or economical library service. 

63:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1961.] 
[Effective date June 9, 1961.] 



1961] Chapter 64 57 

CHAPTER 64. 

AN ACT RELATIVE TO IMMUNITIES OF MEMBERS OF THE NATIONAL GUARD. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

64:1 Immunities of Members of the National Guard. Amend para- 
graph I of RSA 110-A:77 (supp) as inserted by 1957, 147:1 by striking out 
said paragraph and inserting in place thereof the following: I. No officer 
or enlisted person shall be liable, either civilly or criminally, for any 
damage to property or injury to any person, including death resulting 
therefrom, caused by him or by his order, Avhile performing a military 
duty lawfully ordered under any provision of this chapter, unless the act 
or order causing such damage or injury was manifestly beyond the scope 
of the authority of such officer or enlisted person. 

64:2 Repeal. Paragraph II of RSA 110-A:77 (supp) as inserted by 
1957, 147:1, relative to actions against members of the national guard, is 
hereby repealed. 

64:3 Takes Effect. This act shall take effect upon its passage. 

[Approved April 10, 1961.] 
[Effective date April 10, 1961.] 



CHAPTER 65. 

AN ACT RELATING TO THE AMERICAN FLAG. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

65:1 Offenses. Amend RSA 572:23 by striking out all of section 23 
and inserting in its place the following: 572:23 Removing Flag. No per- 
son shall remove, without permission of the cemetery authority or select- 
men, an American flag which is in an unserviceable condition or marker 
from the grave of any person who served in the armed forces of The 
United States during any war unless he shall replace the same with a new 
American flag or marker. Any person violating the provisions of this 
section shall be fined fifty dollars. 

65:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1961.] 
[Effective date June 9, 1961.] 



58 Chapter 66 [1961 

CHAPTER 66. 

AN ACT ESTABLISHING THE LAKE SUNAPEE REGIONAL PLANNING AUTHORITY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

66:1 Declaration of Purpose. It is expressly declared to be in the 
public interest that cities and towns that share the benefits and responsi- 
bilities arising from the location within their respective boundaries of 
such a common natural resource, as a river, lake or other physical endow- 
ment, should be enabled to act in concert to develop, to use, to protect 
and to enjoy such resources. 

66:2 Planning Authority Established. In order to preserve the purity 
of the waters of Lake Sunapee, to promote, facilitate and protect the use 
and enjoyment thereof and to benefit the owners of property in the towns 
of Newbury, New London and Sunapee and the inhabitants of this state 
there is hereby established a Lake Sunapee Regional Planning Authority. 

66:3 Personnel of Planning Authority. Said planning authority shall 
consist of nine members, namely, the selectmen in office for the time being 
of each of the towns of Newbury, New London and Sunapee. 

66:4 Organization and Meetings. Said planning authority shall 
elect its chairman from among its members and create and fill such other 
offices as it may deem necessary for its work. The term of office of the 
chairman shall be for one year. The authority shall hold at least one regu- 
lar meeting every three months. 

66:5 Staff and Finances. Said authority may appoint such employees 
and determine their compensation as it may deem necessary for its work, 
within appropriations made or funds available. The expenditures of the 
authority, exclusive of gifts, shall be -within the amounts appropriated 
for the purpose by the three respective towns. Each of said towns is hereby 
authorized and empowered to raise and appropriate such sums as it may 
deem to be necessary or advisable for the authority's work provided an 
article therefor is in the warrant for the meeting at which action is to be 
taken. The towns shall have the right to accept gifts of money, services 
or anything of value and transfer them to the authority in the exercise of 
its functions. 

66:6 Power of Authority. The power of the authority shall be ad- 
visory only. Within this limitation it is empowered to do any and all 
things necessary to carry out its purposes as defined in section 2 of this act. 

66:7 Takes Effect. This act shall take effect upon its passage. 

[Approved April 10, 1961.] 
[Effective date April 10, 1961.] 



1961] Chapter 67 59 

CHAPTER 67. 

AN ACT RELATIVE TO THE SALARY OF THE JUSTICE OF THE NORTHUMBERLAND 

MUNICIPAL COURT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

67:1 Municipal Court Justice. Amend RSA 502 by inserting after 
section 7-a (supp) as inserted by 1959, 40:2 the following new section: 
502:7-b Northumberland. The salary of the justice of the municipal 
court of the town of Northumberland shall be in the amount of eight 
hundred dollars per annum. Said salary shall be paid from the treasury 
of the town of Northumberland. 

67:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 10, 1961.] 
[Effective date June 9, 1961.] 



CHAPTER 68. 



AN ACT PROVIDING FOR THE PUBLICATION OF THE COMMERCIAL CODE AS A 
PART OF THE REVISED STATUTES ANNOTATED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

68:1 Commercial Code. The secretary of state is authorized and 
directed to contract for the publication of the act passed at the 1959 
session entitled "An Act entitled the Uniform Commercial Code" as a 
part of the Revised Statutes Annotated. This act shall be published as 
Volume 3-A of the RSA, with annotations. 

68:2 Appropriation. For the purpose of providing funds for the 
publication authorized by section 1 there is hereby appropriated the sum 
of twenty-one thousand dollars. The governor is authorized to draw his 
warrant for the sum hereby appropriated out of any money in the treasury 
not otherwise appropriated. 

68:3 Distribution Authorized. The secretary of state is hereby au- 
thorized to distribute official bound copies of volume 3-A of the Revised 
Statutes Annotated free of charge in the following manner: One copy 
to each of the following officers and bodies: The governor, the president 
of the senate, the speaker of the house, the members of the New Hamp- 
shire Revision Commission, each justice and clerk of the supreme and 
superior courts, each court of probate, the clerk of the supreme court 



60 Chapter 69 [1961 

of the United States, each judge of the circuit court of the United States 
for this district, the district court of the United States for this district, the 
United States department of justice, the Library of Congress, the New 
Hampshire Historical Society, the state reporter, a sufficient number of 
copies to the state library for its use and for distribution to each state or ter- 
ritorial library of the United States on an exchange basis, any state or terri- 
tory making a charge to this state for copies of its laws shall in a like 
manner be required to pay to the secretary of state the regular price for 
copies of volume 3-A of the Revised Statutes Annotated, the secretary of 
state, the state treasurer, the comptroller and seven copies to the office 
of the attorney general. 

68:4 Distribution of Remaining Volumes. Remaining copies of 
volume 3-A of the Revised Statutes Annotated, furnished to the secretary 
of state by the publisher, may be sold by the secretary of state at such 
price or prices as the governor and council may determine. 

68:5 Takes Effect. This act shall take effect upon its passage. 

[Approved April 10, 1961.] 
[Effective date April 10, 1961.] 



CHAPTER 69. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS UNDER THE MUNICIPAL 

BUDGET LAW. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

69:1 Municipal Budget Law. Amend RSA 32:8 by striking out the 
last sentence thereof and inserting in place thereof the following: The 
ten per cent increase herein allowable above the total amount specified 
in the budget for said meeting shall be computed on the total amount 
recommended less that part of any appropriation item which is to be 
raised by the issuance of bonds and notes, so that said section as amended 
shall read as follows: 32:8 Limitation of Appropriations. So long as the 
provisions of this chapter shall remain in force in any town the total 
amount appropriated at any annual meeting shall not exceed by more 
than ten per cent the total amount specified in the budget for said meet- 
ing, and no appropriation shall be made for any purpose not included 
in said budget, provided, however, that the budget committee may also 
submit, without approval items which they do not wish to recommend 
but which they believe the voters should be allowed to consider and act 
upon, either favorably or unfavorably. Money may be raised and appro- 
priated for such items, but not to an amount which would increase the 



1961] Chapter 71 61 

total appropriations, as recommended by the budget committee, by more 
than the ten per cent allowed hereunder. The ten per cent increase herein 
allowable above the total amount specified in the budget for said meeting 
shall be computed on the total amount recommended less that part of 
any appropriation item which is to be raised by the issuance of bonds and 
notes. 

69:2 Special Authority. Amend RSA 32:10-a (supp) as inserted by 
1959, 78:3 by striking out said section and inserting in place thereof the 
follo^ving: 32:10-a Emergencies. When an unusual circumstance arises 
during the year which makes it necessary to expend money in excess of 
an appropriation which may result in an over expenditure of the total 
amount appropriated, for all purposes, at the meeting or when no ap- 
propriation has been made, the selectmen or village district commissioners 
upon application to the tax commission and the school board upon ap- 
plication to the state board of education, may be given authority to 
make such expenditure. Such application shall be made prior to the 
making of such expenditure provided however that the tax commission 
or the board of education may accept and approve an application after 
an expenditure if caused by a sudden or unexpected emergency. No such 
authority shall be granted until a majority of the budget committee has 
approved the application in writing. 

69:3 Takes Effect. This act shall take effect sixty days after its 
passage, 

[Approved April 10, 1961.] 
[Effective date June 9, 1961.] 



CHAPTER 70. 

AN ACT RELATIVE TO INFORMATION REPORTS FROM SO-CALLED SMALL BUSINESS 

CORPORATIONS 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

70:1 Taxation of Income. Amend RSA 77 by inserting after section 
17 the following new section: 77:17-a Small Business Corporations, In- 
formation Reports. Every small business corporation within this state, 
the stockholders of which have been elected, or elect, to report their share 
of the corporation's taxable income upon their individual federal income 
tax returns, pursuant to federal tax laws and regulations, shall annually 
on or before May first, file a list of the names and addresses of all stock- 
holders during the preceding year together with the amount of dividends 
paid to each with the director of interest and dividends of the state tax 



62 Chapter 71 [1961 

commission. Pro\ided, however, the information report shall not be filed 
in any year that no such dividends are paid and provided further that 
stockholders not legally residents in the state of New Hampshire shall 
not be listed. 

70:2 Takes Effect. This act shall take effect as of January 1, 1962. 

[Approved April 10, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 71. 

AN ACT TO BROADEN THE CURRICULUM AT TEACHERS' COLLEGES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

71:1 Teachers' Colleges, Instruction. Amend RSA 186:18 by strik- 
ing out said entire section and inserting in place thereof the following: 
186:18 Instruction. The instruction in the teachers colleges shall include 
curricula for the preparation of teachers for the public schools, and may 
include other curricula needed by New Hampshire students and approved 
by the state board of education. 

71:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 12, 1961.] 
[Effective date June 11, 1961.] 



CHAPTER 72. 



AN ACT RELATIVE TO TRANSPORTATION OF CYLINDERS OF LIQUEFIED 

PETROLEUM GAS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

72:1 Operation of Vehicles. Amend RSA 263:78 by striking out 
said section and inserting in place thereof the following: 263:78 Inflam- 
mable Liquids and Cylinders of Liquefied Petroleum Gas. Every ve- 
hicle used for the transportation of inflammable liquids in cargo tanks, 
whether loaded or empty, or for the transportation of cylinders of lique- 
fied petroleum gas shall, upon approaching any railroad grade crossing, 
be brought to a full stop not more than fifty feet and not less than fifteen 



1961] Chapter 73 63 

feet from the nearest rail of such grade crossing, and shall not proceed 
until due caution has been taken to ascertain that the course is clear, 
except that a full stop need not be made at: 

(1) A streetcar crossing within a business or residence district of a 
municipality; 

(2) A railroad grade crossing where a police officer or a traffic con- 
trol signal (not a railroad flashing signal) directs traffic to proceed; 

(3) An abandoned or exempted grade crossing which is clearly 
marked as such by or with the consent of the proper state authority, when 
such marking can be read from the driver's position. 

The term "cylinders of liquefied petroleum gas," as used in this sec- 
tion, shall not be deemed to include the following: (1) portable jugs of 
the nature used by tradesmen such as steamfitters, painters, plumbers, etc., 
or (2) bottled gas cylinders when attached to house trailers in transit. 
Any person convicted of a violation of any provision of this section shall 
be fined not more than fifty dollars for the first offense, and not more 
than two hundred dollars for any subsequent offense committed during 
any calendar year, and for such conviction hereunder the commissioner 
may revoke his license to operate a motor vehicle and no new license 
shall be issued to such person for at least ninety days after the date of such 
revocation. 

72:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



CHAPTER 73. 

AN ACT RELATIVE TO THE METHOD OF TAKING WILD DEER IN THE TOWN OF 

DURHAM. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

73:1 Wild Deer. Amend RSA 208:3 by inserting at the end of said 
section the following: Strafford County, Durham, so that the said section 
as amended shall read as follows: 208:3 Taking; Mode. Wild deer shall 
not be taken by the use of any firearm, other than a shotgun loaded with 
a sinsfle ball or loose buckshot, or bow and arrow, in the towns of the 
following counties as follows: 

Belknap County: Laconia. 



64 Chapter 74 [1961 

Hillsborough County: Amherst; Bedford; Brookline; Goffstown; 
Hollis; Hudson; Litchfield; Manchester; Merrimack; Milford; Nashua; 
Pelham. 

Merrimack County: Concord; Hooksett — that part lying from the 
town line of Allenstown, on the westerly side of U. S. No. 3, to a point 
where the old Portsmouth Railroad crosses said highway, thence south 
of said Railroad to the town line of Candia; Pembroke — that part lying 
westerly of the following line: Starting at the Concord town line at Red 
Bridge on Sheep Davis road, south to Burrough road, thence easterly on 
Burrough road to Fourth Range road, thence southerly on Fourth Range 
road to N. H. Rt. 28, thence southwesterly on Rt. 28 to the Allenstown 
town line. 

Rockingham County: Atkinson; Brentwood; Chester; Danville; 
Derry; East Kingston; Exeter; Fremont; Greenland; Hampstead; Hamp- 
ton; Hampton Falls; Kensington; Kingston; Londonderry; New Castle; 
Newfields; Newington; Newmarket; Newton; North Hampton; Plaistow; 
Portsmouth; Rye; Salem; Sandown; Seabrook; South Hampton; Stratham; 
Windham. 

Strafford County: Durham. 

73:2 Takes Effect. This act shall take effect as of October 1, 1961. 
[Approved April 14, 1961.] 
[Effective date October 1, 1961.] 



CHAPTER 74. 



AN ACT RELATIVE TO VIOLATIONS OF HUNTING AND BOATING LAWS BY 
MINORS UNDER EIGHTEEN YEARS OF AGE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

74:1 Hunting and Boating Laws. Amend paragraph II of RSA 
169:30 by striking out the same and inserting in place thereof the follow- 
ing: II. As applying in the case or cases of persons sixteen years of age 
or over who are charged with the violation of a motor vehicle la^v, an 
aeronautics law, a law relating to navigation of boats or a game law that 
pertains to hunting any wild bird or wild animal of any kind. 

74:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



1961] Chapter 75 65 

CHAPTER 75. 

AN ACT RELATIVE TO NON-FORFEITURE BENEFITS AND RESERVE VALUATIONS 
OF LIFE INSURANCE POLICIES AND CONTRACTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

75:1 Non-forfeiture Provisions Required. Amend paragraph (f) of 
RSA 409:2 by striking out the first six lines thereof and inserting in place 
thereof the following: (f) A statement that the cash surrender values and 
the paid-up non-forfeiture benefits available under the policy are not 
less than the minimum values and benefits required by or pursuant to 
the insurance law of the state in which the policy is delivered; an ex- 
planation of the manner in which the cash surrender values and the paid- 
up non-forfeiture benefits are altered by the existence of any paid-up 
additions credited to the policy or any indebtedness to the company on 
the policy; if a detailed statement of the method of computation of the 
values and benefits shown in the policy is not stated therein, a statement 
that such method of computation has been filed with the insurance super- 
visory official of the state in which the policy is delivered; and a statement 
of the method to be used in calculating the cash surrender value and 
paid-up non-forfeiture benefit available under the policy on any policy 
anniversary beyond the last anniversary for which such values and bene- 
fits are consecutively shown in the policy. 

75:2 Adjusted Premiums. Amend RSA 409:5 (supp) as amended by 
1959, 161:2 by striking out said section and inserting in place thereof the 
following: 409:5 Adjusted Premiums. Except as provided in the third 
paragraph of this section, tlie adjusted premiums for any policy shall be 
calculated on an annual basis and shall be such uniform percentage of 
the respective premiums specified in the policy for each policy year, ex- 
cluding any extra premiums charged because of impairments or special 
hazards, that the present value, at the date of issue of the policy, of all 
such adjusted premiums shall be equal to the sum of (i) the then present 
value of the future guaranteed benefits provided for by the policy; (ii) 
two per cent of the amount of insurance, if the insurance be uniform 
in amount, or of the equivalent uniform amount, as hereinafter defined, 
if the amount of insurance varies with duration of the policy; (iii) forty 
per cent of the adjusted premium for the first policy year; (iv) twenty-five 
per cent of either the adjusted premium for the first policy year or the 
adjusted premium for a whole life policy of the same uniform or equiva- 
lent uniform amount with uniform premiums for the whole of life issued 
at the same age for the same amount of insurance, whichever is less. 
Provided, however, that in applying the percentages specified in (iii) 
and (iv) above, no adjusted premium shall be deemed to exceed four per 
cent of the amount of insurance or uniform amount equivalent thereto. 



66 Chapter 75 [1961 

The date of issue of a policy for the purpose of this section shall be the 
date as of ^vhich the rated age of the insured is determined. 

In the case of a policy providing an amount of insurance varying 
with duration of the policy, the equivalent uniform amount thereof for 
the purpose of this section shall be deemed to be the uniform amount 
of insurance provided by an otherwise similar policy, containing the same 
endo'wment benefit or benefits, if any, issued at the same age and for the 
same term, the amount of which does not vary with duration and the 
benefits inider ^vhich have the same present value at the date of issue as 
the benefits under the policy, provided, however, that in the case of a 
policy providing a varying amount of insurance issued on the life of a 
child under age ten, the equivalent uniform amount may be computed 
as though the amount of insurance provided by the policy prior to the 
attainment of age ten were the amount provided by such policy at age ten. 

The adjusted premiums for any policy providing term insurance 
benefits by rider or supplemental policy provision shall be equal to (a) 
the adjusted premiums for an otherwise similar policy issued at the same 
age without such term insurance benefits, increased, during the period 
for which premiums for such term insurance benefits are payable, by (b) 
the adjusted premiums for such term insurance, the foregoing items (a) 
and (b) being calculated separately and as specified in the first two para- 
graphs of this section except that, for the purposes of (ii), (iii) and (iv) of 
the first such paragraph, the amount of insurance or equivalent uniform 
amount of insurance used in the calculation of the adjusted premiums 
referred to in (b) shall be equal to the excess of the corresponding amount 
determined for the entire policy over the amount used in the calculation 
of the adjusted premiums in (a). 

Except as otherwise provided in section 5-a, all adjusted premiums 
and present values referred to in this chapter shall for all policies of ordi- 
nary insurance be calculated on the basis of the Commissioners 1941 
Standard Ordinary Mortality Table, provided that for any category of 
ordinary insurance issued on female risks, adjusted premiums and present 
values may be calculated according to an age not more than three years 
younger than the actual age of the insured. Such calculations for all poli- 
cies of industrial insurance shall be made on the basis of the 1941 Stan- 
dard Industrial Mortality Table. All calculations shall be made on the 
basis of the rate of interest, not exceeding three and one-half per cent 
per annum, specified in the policy for calculating cash surrender values 
and paid-up non-forfeiture benefits. Provided, however, that in calculat- 
ing the present value of any paid-up term insurance with accompanying 
pure endowment, if any, offered as a non-forfeiture benefit, the rates of 
mortality assumed may be not more than one hundred and thirty per cent 
of the rates of mortality according to such applicable table. Provided, 
further, that for insurance issued on a sub-standard basis, the calculation 
of any such adjusted premiums and present values may be based on such 



1961] Chapter 75 67 

other table of mortality as may be specified by the company and approved 
by the insurance commissioner. 

75:3 Exceptions. Amend RSA 409:6 (supp) as amended by 1959, 
161:4 by striking out said section and inserting in place thereof the fol- 
lo^ving: 409:6 Method of Calculating Cash SuiTender Values and Non- 
forfeiture Benefits. Any cash surrender value and any paid-up non-for- 
feiture benefit, available inider the policy in the event of default in a 
premium payment dtie at any time other than on the policy anniversary, 
shall be calctilated with allowance for the lapse of time and the payment 
of fractional premiums beyond the last preceding policy anniversary. 
All values referred to in sections 3, 4, 5 and 5-a may be calculated upon 
the assumption that any death benefit is payable at the end of the policy 
year of death. The net value of any paid-up additions, other than paid-up 
term additions, shall be not less than the dividends used to provide such 
additions. Notwithstanding the provisions of section 3, additional bene- 
fits payable (a) in the event of death or dismemberment by accident or 
accidental means, (b) in the event of total and permanent disability, (c) 
as reversionary anntiity or deferred reversionary annuity benefits, (d) as 
term insurance benefits provided by a rider or supplemental policy pro- 
vision to which, if issued as a separate policy, this chapter would not 
apply, (e) as term insurance on the life of a child or on the lives of chil- 
dren provided in a policy on the life of a parent of the child, if such term 
insurance expires before the child's age is twenty-six, is uniform in 
amount after the child's age is one, and has not become paid-up by reason 
of the death of a parent of the child, and (f) as other policy benefits addi- 
tional to life instnance and endowment benefits, and premiums for all 
such additional benefits, shall be disregarded in ascertaining cash sur- 
render values and non-forfeiture benefits required by this chapter, and 
no such additional benefits shall be required to be included in any paid- 
up non-forfeiture benefits. 

75:4 Standard Valuation Law. Amend RSA 410:2 by inserting after 
the word "state" in the sixth line thereof the words, except that in the case 
of an alien company, such valuation shall be limited to its United States 
business, so that said section as amended shall read as follows: 410:2 
Valuation of Reserves for Life Insurance Policies and Annuity and Pure 
Endowment Contracts. The insurance commissioner shall annually value, 
or cause to be valued, the reserve liabilities (hereinafter called reserves) 
for all outstanding life insurance policies and annuity and pure endow- 
ment contracts of every life insurance company doing business in this 
state, except that in the case of an alien company, such valuation shall 
be limited to its United States business, and may certify the amount of 
any such reserves, specifying the mortality table or tables, rate or rates of 
interest and methods (net level premium method or other) used in the 
calculation of such reserves. In calculating such reserves, he may use 
group methods and approximate averages for fractions of a year or other- 



68 Chapter 75 [1961 

wise. In lieu of the valuation of the reserves herein required of any for- 
eign or alien company, he may accept any valuation made, or caused to 
be made, by the insurance supervisory official of any state or other juris- 
diction when such valuation complies with the minimum standard herein 
provided and if the official of such state or jurisdiction accepts as sufficient 
and valid for all legal purposes the certificate of valuation of the com- 
missioner Tvhen such certificate states the valuation to have been made in 
a specified manner according to which the aggregate reserves would be 
at least as large as if they had been computed in the manner prescribed 
by the law of that state or jurisdiction. 

75:5 Minimum Standards for Valuation of Policies and Contracts. 

Amend RSA 410:3 by striking out paragraphs (c), (d), (e) and (f) and 
inserting in place thereof the following new paragraphs: 

(c) For individual annuity and pure endowment contracts, exclud- 
ing any disability and accidental death benefits in such policies — the 
1937 Standard Annuity Mortality Table or, at the option of the com- 
pany, the Annuity Mortality Table for 1949, Ultimate, or any modifica- 
tion of either of these tables approved by the commissioner. 

(d) For group annuity and pure endowment contracts, excluding 
any disability and accidental death benefits in such policies — the Group 
Annuity Mortality Table for 1951, any modification of such table ap- 
proved by the commissioner, or, at the option of the company, any of the 
tables or modifications of tables specified for individual annuity and pure 
endowment contracts. 

(e) For total and permanent disability benefits in or supplementary 
to ordinary policies or contracts — for policies or contracts issued on or 
after January 1, 1966, the tables of Period 2 disablement rates and the 
1930 to 1950 termination rates of the 1952 Disability Study of the So- 
ciety of Actuaries, with due regard to the type of benefit; for policies or 
contracts issued on or after January 1, 1961 and prior to January 1, 1966, 
either such tables or, at the option of the company, the Class (3) Disability 
Table (1926); and for policies issued prior to January 1, 1961, the Class 
(3) Disability Table (1926). Any such table shall, for active lives, be com- 
bined with a mortality table permitted for calculating the reserves for 
life insurance policies. 

(f) For accidental death benefits in or supplementary to policies — 
for policies issued on or after January 1, 1966, the 1959 Accidental Death 
Benefits Table: for policies issued on or after January 1, 1961 and prior 
to January 1, 1966, either such table or, at the option of the company, the 
Inter-Company Double Indemnity Mortality Table; and for policies 
issued prior to January 1, 1961, the Inter-Company Double Indemnity 
Mortality Table. Either table shall be combined with a mortality table 
permitted for calculating the reserves for life insurance policies. 



1961] Chapter 76 69 

(g) For group life insurance, life insurance issued on the sub-stan- 
dard basis and other special benefits, such tables as may be approved by 
the commissioner. 

75:6 Commissioner's Reserve Valuation Method. Amend the last 
paragraph of RSA 410:4 by adding at the end thereof the words, except 
that any extra premiums charged because of impairments or special 
hazards shall be disregarded in the determination of modified net premi- 
ums, so that said last paragraph as amended shall read as follows: Reserves 
according to the commissioners reserve valuation method for (1) life 
insurance policies providing for a varying amount of insurance or requir- 
ing the payment of varying premiums, (2) annuity and pure endowment 
contracts, (3) disability and accidental death benefits in all policies and 
contracts, and (4) all other benefits, except life insurance and endowment 
benefits in life insurance policies, shall be calculated by a method con- 
sistent with the principles of the preceding paragraph, except that any 
extra premiums charged because of impairments or special hazards shall 
be disregarded in the determination of modified net premiums. 

75:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



CHAPTER 76. 

AN ACT RELATIVE TO ABSENTEE VOTING. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

76:1 Form of Application. Amend paragraph II (supp) of RSA 60:2 
as amended by 1955, 307:1 by adding after the blank after the word 

"town" in the fourth line the words, Mail absent voter's ballot to , 

and by adding after the word "state" in the seventh line the words, and 
country, so that said paragraph as amended shall read as follows: 

II. Blank forms of application for such ballots worded as follows: 

To the city or town clerk of I hereby apply for an 

official absent voting ballot. I am a duly qualified voter and entitled to 

vote in ward city or town Mail absent voter's 

ballot to 

(Signature) 

(Street and number) 

(City or town, state and country) 



70 Chapter 77 [1961 

76:2 Duties of Clerk. Amend RSA 60:4 (supp) as amended by 1955, 
307:2 by striking out said section and inserting in place thereof the fol- 
loAving: 60:4 Ascertaining If Applicant Is on Check-List. When an 
application for an official absent voting ballot is received by the clerk of 
a city or town, whether on the form supplied by the secretary of state, 
or by written statement or oral request containing the information re- 
quired by paragraph II of section 2, said clerk shall check the same forth- 
^vith and ascertain if the person is on the check-list of the town or city. 
If such person is found to be on such check-list said clerk shall, without 
delay, deliver or mail to such person the papers described in paragraphs 
I, III and IV of section 2. If the address to which the absent voter's ballot 
is sent is outside the continental United States or is in Alaska such papers 
shall be sent by air mail. Said clerk shall keep lists of the names and ad- 
dresses, arranged by voting places, of all persons to whom official absent 
voting ballots have been sent. Copies of said lists shall be open to inspec- 
tion and shall be posted at the polling places during the day of election. 

76:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



CHAPTER 77. 

AN ACT IN RELATION TO AUTOMOBILE LIABILITY INSURANCE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

11 A New Hampshire Assigned Risk Plan. Amend RSA 412 by 
inserting after section 19 the following new section: 412:19-a Adoption 
of Assigned Risk Plan. Every insurer authorized to transact in this state 
the business of motor vehicle bodily injury and property damage liability 
insurance shall, as a condition precedent to the issuance or continuation 
of such authorization, subscribe to and in every respect be bound by the 
rules of the New Hampshire assigned risk plan now in effect in this state 
and on file in the office of the insurance commissioner. Amendments to 
the assigned risk plan may be proposed from time to time by the insur- 
ance commissioner or by the subscriber to the plan. Amendments pro- 
posed by the insurance commissioner shall become effective and binding 
upon all subscriber companies unless disapproved in writing filed ^vith 
the insurance commissioner not more than thirty days after their pro- 
posal by at least ten percent of all the subscribers writing not less than 
twenty per cent of the direct premiums for motor vehicle liability in- 
surance in the state. Amendments proposed by the subscribers shall be 



1961] Chapter 78 71 

submitted to the insurance commissioner through the manager of the 
plan and shall not become effective until approved by the insurance 
commissioner. 

77:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



CHAPTER 78. 

AN ACT RELATING TO SALE OF HORSES FOR SLAUGHTER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

78:1 Working Horses Sold for Slaughter. Amend RSA 575-A (supp) 
as inserted by 1959, 234:1 by inserting after section 2 the following new 
section: 575-A:2-a — Prohibition. No person who has taken possession of 
a horse, ostensibly for slaughter, shall use or deliver possession of said 
animal for any other purpose. 

78:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961.] 
[Effective date June 13, 1961.] 



CHAPTER 79. 



AN ACT RELATIVE TO TAXATION OF ROAD BUILDING OR CONSTRUCTION 
EQUIPMENT TO BE USED FOR A TEMPORARY PURPOSE. 

Be it Enacted by the Senate and House of Represeyitatives in General 
Court convened: 

79:1 Taxation of Road Building or Construction Equipment. 

Amend RSA 73 by inserting after section 5 the following ne^v section: 
73:5-a Permit for Temporary Use. Whenever after April first and before 
December thirty-first a person, firm or corporation brings into any town 
in the state any road building, road repairing or construction machinery 
or equipment to be used for a temporary purpose and said machinery or 
equipment has not been taxed in the state for that year, said machinery 
or equipment may be used in said town for a period not exceeding ten 
days without being subject to taxation provided the owner or the person 



72 Chapter 80 [1961 

having the custody and control of said machinery or equipment obtains 
a permit to use said property in said town from the town clerk and pays 
the required fee therefor before using said property. The fee for said 
permit shall be ten dollars for each day and fractional part thereof for 
each piece of machinery or equipment. If the machinery or equipment is 
removed from the town before the time limitation of the permit has ex- 
pired, a proportional part of the fee for the permit shall be refunded to 
the holder of the permit by the town treasurer upon order of the select- 
men. If said machinery and equipment remains in said town for more 
than ten days then the same shall be taxable and the amount of the permit 
fee paid shall be a credit against the amount of the tax assessed against 
the property. Failure to obtain a permit as herein provided before using 
said machinery or equipment shall be a misdemeanor punishable by a 
fine not exceeding two hundred dollars which, less the costs of court, shall 
be for the use of the town where the machinery was used. 

79:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 14, 1961.] 
[Effective date April 14, 1961.] 



CHAPTER 80. 



AN ACT RELATIVE TO THE COMPENSATION OF CHESHIRE COUNTY 
COMMISSIONERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

80:1 Cheshire County. Amend RSA 28:28 (supp) as amended by 
1955, 247:4; 269:1; 1957, 182:1; 246:1 by striking out the words "In 
Cheshire, one thousand six hundred dollars" and inserting in place there- 
of the words, In Cheshire, two thousand dollars, so that said section as 
amended shall read as follows: 28:28 Commissioners. The annual salary 
of each commissioner of the following counties shall be as follows, payable 
monthly by the county: 

In Rockingham, eighteen hundred dollars. 

In StrafEord, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, three thousand seven hundred and fifty dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, twelve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, fifteen hundred dollars. 



1961] Chapter 81 73 

To the foregoing sums shall be added, in all counties, a reasonable 
sum for all necessary expenses, upon order of the county auditors. 

80:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 14, 1961.] 
[Effective date April 14, 1961.] 



CHAPTER 81. 



AN ACT RELATIVE TO PERMISSION TO TOWNS TO APPROPRIATE MONEY FOR 
PAYMENT OF ASSOCIATION DUES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

81:1 Town Appropriations. Amend RSA 31:4 by adding after para- 
graph XXXV (supp) as inserted by 1957, 287:1 the following new para- 
graph: XXXVI. Association Dues. To pay membership fees and dues 
to the New Hampshire Municipal Association for membership therein so 
long as the said association shall not engage in partisan political activity 
by endorsing, or otherwise supporting, any political party or candidate. 

81:2 Permissible Expenditures of Town Officers. Amend RSA 31 
by adding after RSA 31:8 the following new section: 31:8-a Authoriza- 
tion to Pay Dues. The board of selectmen may vote to pay, from amounts 
appropriated by the town for town officers' expenses, such amounts as 
shall be payable for annual membership in the New Hampshire Munici- 
pal Association and expenses incurred in attending regular meetings of 
the said association, provided that the appropriation of such dues has not 
previously been rejected by a vote at the annual town meeting and pro- 
vided further that the association shall not record association positions 
before the general court or committees thereof on matters which do not 
directly affect New Hampshire towns and cities, nor engage in partisan 
political activity by endorsing, or otherwise supporting, any political 
party or candidate. 

81:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 14, 1961] 
[Effective date June 13, 1961.] 



74 Chapter 82 [1961 

CHAPTER 82. 

AN ACT INCREASING THE SALARY OF THE CLERK OF THE PORTSMOUTH 

MUNICIPAL COURT. 

Be it Enacted by the Senate and House of Representatives iyi General 
Court convened: 

82:1 Portsmouth Municipal Court Clerk. Amend RSA 502:17 
(supp) as amended by 1957, 17:1; 1957, 108:2; and 1957, 234:2, by strik- 
ing out the ^vord "twelve" in the second line and inserting in place thereof 
the ^vord, fifteen, so that said section as amended shall read as folloAvs: 
502:17 Salaries. The clerk of the Portsmouth municipal court shall re- 
ceive an annual salary of fifteen hundred dollars, the clerk of the Man- 
chester municipal court shall receive an annual salary of thirty-three 
hundred dollars, the clerk of the Dover municipal court shall receive an 
annual salary of one thousand dollars, to be paid by the respective cities 
in equal monthly payments; the salaries of all other clerks of municipal 
courts in cities and towns of five thousand population or more shall be 
not less than three hundred dollars, and as much more as the city or town 
in which said court is located may vote to pay. 

82:2 Takes Effect. This act shall take effect March 1, 1961. 
[Approved April 14, 1961.] 
[Effective date March 1, 1961.] 



CHAPTER 83. 

AN ACT RELATIVE TO FROZEN DESSERTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

83:1 Pure Foods. Amend RSA 146 by inserting after section 15 
the foUowino; new section: 146:15-a Frozen Desserts. I. Prohibitions. 

Any food, regardless of the name by which it is represented, made in 
semblance of frozen desserts or quiescently frozen confections, or pre- 
pared as such foods are customarily prepared or frozen, shall be deemed 
adulterated or misbranded, unless 

(1) It conforms to the definition and standards of identity for frozen 
desserts or quiescently frozen confections as established by regulations of 
the board, and 

(2) Its label bears the name of the food specified in the definition 
and standard, and, insofar as may be required by such regulations, the 
common names of optional ingredients present in such foods, and 



1961] Chapter 84 75 

(3) It was manufactured, distributed and sold in conformity to all 
sanitary requirements as established by regulations of the board, and 

(4) It conforms to the bacterial standards as may be established by 
the board for frozen desserts, quiescently frozen confections or for the 
ingredients from which these are to be made. 

II. Regulations. The board may, when not inconsistent with exist- 
ing law, adopt regulations setting forth definitions and standards of 
identity for frozen desserts, and shall adopt such regulations as may from 
time to time be promulgated under federal law. The board may make 
regulations setting standards of identity for quiescently frozen confections 
as well as setting bacterial standards for frozen desserts and quiescently 
frozen confections and for the ingredients from which they are to be made. 
The board nray make regulations governing the sanitary requirements 
relative to the manufacture, distribution and sale of all such food prod- 
ucts. 

83:2 Repeal. RSA 146:15 relative to frozen desserts, is hereby 
repealed. 

83:3 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved April 14, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 84. 



AN ACT TO PROVIDE FOR CUMULATIVE POCKET SUPPLEMENTS FOR 
REVISED STATUTES ANNOTATED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

84:1 Revised Statutes Annotated. The secretary of state, ^vith the 
approval of the attorney general, is authorized and directed to contract 
with a competent and qualified law book publisher in the name of the 
state for the preparation, publication and distribution of cumulative 
pocket supplements to the Revised Statutes Annotated for the statutes of 
a public and general nature passed at the 1963 session of the general 
court and any special session prior thereto. Such supplements shall follow 
the general scheme used for the pocket supplements for the 1955, 1957, 
1959 and 1961 sessions of the general court, in accordance with the con- 
tract entered into by the secretary of state under the authority of 1955, 
278:1. The provisions of RSA 8 relative to competitive bidding for state 
purchases shall not apply to the contract authorized hereunder. 



76 Chapter 85 [1961 

84:2 Appropriation. The sum of nine thousand dollars is hereby 
appropriated for the purposes of this act. The governor is authorized to 
dra'^s^ his Avarrant for the sum hereby appropriated, or so much thereof as 
may be necessary not otherwise appropriated. 

84:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



CHAPTER 85. 



AN ACT PROVmiNG ADDITIONAL RETIREMENT ALLOWANCES FOR CERTAIN 

RETIRED TEACHERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

85:1 Teachers' Retirement System. Amend RSA 192 (supp) as 
amended by 1959, 301:1 by inserting after section 22 the following new 
section: 192:23 1962 Allowances. Any beneficiary who retired prior to 
July 1, 1957 and who is in receipt of a retirement allowance on January 
1, 1962 including any teacher retired under the teachers' retirement sys- 
tem as established by chapter 136, Revised Laws, shall beginning with 
the month of January 1962 and monthly thereafter but not beyond the 
month of December 1962 have his allowance increased in the proportion 
which the Consumers Price Index issued by the United States Depart- 
ment of Labor, Bureau of Labor Statistics, for the month of December 
1958 bears to the corresponding index for the year in which the member 
retired; except that in the case of service beneficiaries, such increased 
retirement allowance shall be at least forty dollars for each year of credit- 
able service at retirement not exceeding thirty years, and in the case of 
disability beneficiaries, such increased retirement allowance shall be at 
least thirty-eight dollars for each year of creditable service at retirement 
not exceeding thirty years. Provided, however, if any such beneficiary has 
filed an election in accordance with RSA: 13 II, his retirement allowance 
shall be increased for said period only in the proportion -which the Con- 
sumers Price Index issued by the United States Department of Labor, 
Bureau of Labor Statistics, for the month of December 1958 bears to the 
corresponding index for the year in which the member retired. In the 
event the retired member is receiving a reduced retirement allowance 
because of having elected an option, such increased retirement allowance 
shall be reduced in the same proportion as the retirement allowance prior 
to optional modification was reduced at retirement. If the beneficiary of 
a retired member who retired prior to July 1, 1957 and elected an option 



1961] Chapter 85 77 

providing for a survivor annuity is in receipt of such survivor annuity on 
January 1, 1962, such beneficiary shall be paid beginning with the month 
of January 1962 and monthly thereafter but not beyond the month of 
December 1962 an increased retirement allowance which shall be the 
same proportion of the increased retirement allowance the member would 
have been entitled to receive, if any, prior to any optional modification 
had he been living on January 1, 1962 as the survivor annuity bears to 
the full allowance prior to optional modification of such former retired 
member at retirement. When the increased retirement allowance of any 
one beneficiary shall be ascertained under the terms of the before men- 
tioned provisions the difference between said increased retirement al- 
lowance and the retirement allowance said beneficiary is then receiving, 
as of December 31, 1961 shall be multiplied by two and the said sum 
shall be paid to said beneficiary, in twelve monthly installments during 
the period from January 1, 1962 to December 31, 1962. Nothing herein 
shall be construed as affecting the regular retirement allowance of any 
beneficiary. The payment of the additional retirement allowances pay- 
able hereunder shall be contingent on the payment by the state of the 
additional amounts required to meet the current disbursements of such 
additional retirement allowances. 

85:2 Appropriation. In order to provide funds for the payment of 
the supplemental allowances provided under RSA 192:23 as hereinbefore 
inserted, the sum of seventy thousand, three hundred and nine dollars 
is hereby appropriated for the fiscal year ending Jinie 30, 1962, and the 
sum of sixty-five thousand, four hundred and sixty-four dollars is hereby 
appropriated for the fiscal year ending June 30, 1963. The first sum here- 
in mentioned shall be expended by the teachers' retirement system for the 
payment of supplemental benefits for the period from January 1, 1962 
to June 30, 1962, and the second sum herein mentioned shall be expended 
by said system for the payment of supplemental benefits for the period 
from July 1, 1962 to December 31, 1962. The governor is authorized to 
draw his warrant for the sums hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

85:3 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved April 20, 1961.] 
[Effective date January 1, 1962.] 



78 Chapter 86 [1961 

CHAPTER 86. 

AN ACT EXTENDING THE TIME DURING WHICH AN ACT RELATIVE TO A CERTAIN 
BRIDGE OVER THE MERRIMACK RIVER SHALL BE EFFECTIVE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

86:1 Time Extended. Amend 1959, 288:5 by striking out the figure 
"1961" in the last line and inserting in place thereof the figure, 1963, 
so that said section as amended shall read as follows: 288:5 Boscawen- 
Canterbury Bridge. Whereas, the town of Canterbury has made appli- 
cation for town bridge aid on a certain bridge over the Merrimack river, 
which application is still pending and whereas, the town of Boscawen 
has not yet made such application for such aid on said Boscawen-Canter- 
bury bridge, the application by the town of Canterbury shall be deemed 
to be in compliance with RSA 242 and shall be sufficient to authorize 
the posting at the eastern end of said bridge in accordance with the pro- 
visions of RSA 251:16, as hereinbefore amended, and the commissioner 
of public ^vorks and highways is authorized to proceed under said ap- 
plication in accordance with the applicable provisions of law. Nothing 
herein shall be construed as relieving the town of Boscawen of its duties 
and responsibilities in connection with the maintenance of this structure 
until it shall have made application for town bridge aid in accordance 
with the provisions of RSA 242. The provisions of this section shall be 
effective only from the date of the passage of this act until April 1, 1963. 

86:2 Takes Eflect. This act shall take effect upon its passage. 
[Approved April 20, 1961.] 
[Effective date April 20, 1961.] 



CHAPTER 87. 



AN ACT RELATIVE TO CLASSIFICATION OF CERTAIN HIGHWAYS IN THE TOWNS 
OF BEDFORD AND NEW BOSTON AND RELATIVE TO CERTAIN ACCESS HIGHWAYS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

87:1 Highway in Bedford and New Boston. The highway in the 
towns of Bedford and New Boston known as the New Boston road and 
the Chestnut Hill road running from the Manchester-Bedford line by 
the missile tracking station in New Boston to the New Boston-Amherst 
town line shall hereafter be classified as a Class II highway. The com- 
missioner of public works and highways shall designate said highway for 
winter maintenance under the provisions of RSA 229:7. 



1961] Chapter 88 79 

87:2 Certain Highways in Bedford. The highways in Bedford known 
as the North Amherst road and the Back River road now classified as 
Class II highways shall hereafter be classified as Class V highways. 

87:3 Access Highways. Amend RSA 229 by inserting after section 

22 (supp) as inserted by 1959, 283:1 the following new subdivision: 

Classification of Special Highways 
229:23 Classification Authorized. With the approval of governor 
and council the commissioner of public works and highways is hereby 
authorized to classify as a Class I highway any existing or proposed public 
highway which is needed to provide essential highway transportation 
services from a military reservation or defense industry or activity to suit- 
able transportation facilities. 

229:24 Acceptance of Federal Funds. The commissioner of public 
works and high^vays is authorized to accept federal funds for the construc- 
tion, improvement or maintenance of the highways classified in section 

23 hereof. 

229:25 Reversion to Previous Status. When a military reservation 
or defense industry or activity is closed or it is determined that the high- 
ways classified in section 23 hereof are no longer necessary the commis- 
sioner of public works and highways is authorized with the approval of 
governor and council to revert any such highway to its previous classifica- 
tion or to discontinue unneeded portions of such highways. 

87:4 Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1961.] 
[Effective date April 20, 1961.] 



CHAPTER 88. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

88:1 Definition of Employer. Amend RSA 282: 1-G by inserting 
after paragraph (6) the following new paragraph (7): (7) Any employing 
unit which fails for whatever reason to keep records which would support 
a claim with respect to any individual under section 1-H(3) of this chap- 
ter, or to keep the records of employment required by this chapter and 
by the rules and regulations of the commissioner shall be deemed to be 
an employer liable for the payment of contributions pursuant to the 



80 Chapter 88 [1961 

provisions of this chapter regardless of the number of individuals em- 
ployed by such employing unit. 

88:2 Employment Office. Amend subsection I of RSA 282:1 by 
striking out the ^vhole of the same and inserting in place thereof the fol- 
lowing: I. "Employment office" means a free public employment office 
or branch thereof operated by the New Hampshire department of em- 
ployment security. 

88:3 State. Amend subsection L of RSA 282:1 by striking out said 
subsection and inserting in place thereof the following: L. "State" in- 
cludes, in addition to the states of the United States of America, the Dis- 
trict of Columbia. 

88:4 Total and Partial Unemployment. Amend subsection (3) of 
RSA 282: 1-M (supp) as amended by 1955, 141:5 by inserting between 
the last two words thereof the words, or hourly, so that said subsection as 
amended shall read as follows: (3) As used in this subsection, the term 
"wages" shall not include: the first three dollars compiued to the nearest 
dollar earned during any week, or any sum paid pursuant to an arbitra- 
tion award, or any similar payment under any state or federal statute, 
or vacation pay paid subsequent to the vacation period, or any retro- 
active payment made by reason of the establishment or adjustment of a 
piece or hourly rate. 

88:5 Repeal. Subparagraph (a) of RSA 282:1-0(1) (supp) as amended 
by 1955, 141:6 relative to wage exclusions, is hereby repealed. 

88:6 Annual Earnings. Amend paragraph (2) of RSA 282:1-0 by 
striking otu said paragraph and inserting in place thereof the follo^ving: 
(2) "Annual Earnings." The commissioner of the department of em- 
ployment security shall compute annual earnings for each individual by 
crediting him to the nearest dollar with the wages, subject to contribu- 
tions imposed by this chapter, paid him for employment during each 
base period in accordance with such rules and regulations as the com- 
missioner of the department of employment security may prescribe. 

88:7 Weekly Benefit Amount. Amend paragraph (1) of RSA 282: 2-B 
(supp) as amended by 1955, 7:1 and 1959, 28:1 by striking out the whole 
of the same and inserting in place thereof the following: (1) Each eligible 
individual who is totally unemployed in any week shall be paid with 
respect to such week benefits in the amount shown in column B of the 
schedule delineated in this paragraph on the line on which in column 
A there is indicated the individual's annual wage class except as other- 
wise provided in paragraph (2) of this subsection. The maximum total 
amount of benefits payable to any eligible individual during any benefit 
year shall be the amount shown in column C of the schedule delineated in 
this paragraph on the line on which in column A there is indicated the 



1961] Chapter 88 81 

individual's annual wage class except as otherwise provided in paragraph 
(2) of this subsection. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


in Base Period 


Amount 


Benefits 


$500.00 


$10 


$260 


600.00 


11 


286 


700.00 


12 


312 


800.00 


13 


338 


900.00 


14 


364 


1000.00 


15 


390 


1100.00 


16 


416 


1200.00 


18 


468 


1300.00 


19 


494 


1400.00 


20 


520 


1500.00 


21 


546 


1600.00 


22 


572 


1700.00 


23 


598 


1800.00 


24 


624 


1900.00 


•25 


650 


1950.00 


26 


676 


2000.00 


27 


702 


2100.00 


28 


728 


2200.00 


29 


754 


2300.00 


30 


780 


2400.00 


31 


806 


2500.00 


32 


832 


2600.00 


33 


858 


2700.00 


34 


884 


2800.00 


35 


910 


2900.00 


36 


936 


2950.00 


37 


962 


3000.00 


38 


988 



88:8 Weekly Benefit Amount. Amend paragraph (2) of RSA 282: 2-B 
(supp) as amended by 1955, 7:1 by striking out the whole of the same and 
inserting in place thereof the following: (2) If at any tiine the fund shall 
fail to equal or fail to exceed twelve million dollars and shall be main- 
tained at less than that figure for a period of two consecutive calendar 
months, each eligible individual who is totally unemployed in any "week 
shall be paid ^vith respect to such week benefits in the amount shown in 
column B of the schedule delineated in this paragraph on the line on -which 
in column A there is indicated the individual's annual wage class. The 
maximum total amount of benefits payable to any eligible individual 
during any benefit year shall be the amount sho^vn in column C of the 
schedule delineated in this paragraph on the line on which in column A 



82 Chapter 88 [1961 

there is indicated the individual's annual wage class. The schedule de- 
lineated in this paragraph shall take effect on the first day of the month 
immediately following the two-month period in this paragraph above 
mentioned. 



A 


B 


C 


Total Annual Earnings 


Weekly Benefit 


Maximum 


in Base Period 


Amount 


Benefits 


$400.00 


$8 


$184 


500.00 


9 


207 


600.00 


10 


230 


700.00 


11 


253 


800.00 


12 


276 


900.00 


13 


299 


1000.00 


14 


322 


1100.00 


15 


345 


1200.00 


16 


368 


1300.00 


17 


391 


1400.00 


18 


414 


1500.00 


19 


437 


1600.00 


20 


460 


1650.00 


21 


483 


1700.00 


22 


506 


1800.00 


23 


529 


1900.00 


24 


552 


2000.00 


25 


575 


2100.00 


26 


598 


2200.00 


27 


621 


2300.00 


28 


644 


2400.00 


29 


667 



88:9 Registration for Work. Amend subsection A of RSA 282:3 
(supp) as amended by 1955, 141:8 by striking out the whole of the same 
and inserting in place thereof the following: A. He has been classified 
in accordance with his experience and abilities and so registered for em- 
ployment with and by the commissioner and has reported and continues 
thereafter to report at an employment office in accordance with such 
regulations as the commissioner may prescribe. 

88:10 Claims Determinations. Amend paragraph (2) of RSA 282:5-B 
(supp) as inserted by 1955, 141:10 by striking out the whole of the same 
and inserting in place thereof the following: (2) Determination. A de- 
termination shall be a decision by the certifying officer on a claim and 
shall be made, except as otherwise specifically provided in this chapter, 
as follows: 

(a) A determination on the first claim in a benefit year and not 
immediately followed by a claim for waiting-period credit shall include: 



1961] Chapter 88 83 

the annual earnings in the base period with the name of each employer 
reporting wages paid to the claimant, and the amount thereof, the maxi- 
mum benefits then available, the maximum weekly benefit amount and 
the maximum duration thereof, and shall be mailed to the claimant. 

(b) A determination on the first claim in a benefit year which is 
immediately followed by a claim for waiting-period credit shall be made 
promptly following the waiting period and shall include: the maximum 
benefits then available, the maximum weekly benefit amount and maxi- 
mum duration thereof, whether or not with the reasons therefor, the 
claimant will be payable for the week immediately following the waiting 
period and for consecutive weeks thereafter for which claims are filed 
(no other facts appearing to the contrary during such period), and identi- 
fication of the employer whose account will be charged with benefits to 
be paid by reason of such determination. This determination shall in any 
case be mailed to all interested parties. 

(c) A determination on an initial claim for total or partial benefits 
for any week except as in (a) and (b) above shall include: the maximum 
benefits then available, the maximum weekly benefit amount and maxi- 
mum duration thereof, whether or not, with the reasons therefor, the 
claimant is payable for such week and for consecutive weeks thereafter 
for which claims are filed (no other facts appearing to the contrary during 
such period), and identification of the employer whose account will be 
charged with benefits to be paid by reason of such determination. This 
determination shall in every case be mailed to all interested parties except 
the claimant where the determination is that he is payable. 

(d) A determination shall be made by a certifying officer on any 
claim for benefits, though not an initial claim, where, in his judgment, 
there appears an issue relative to the entitlement of the claimant to bene- 
fits. The determination shall be in the manner provided in (c) immedi- 
ately above and the interested parties shall be notified in the same manner. 

(e) Nothing in this subsection shall be construed to require that a 
determination be made with respect to a claim for any week where the 
week follows immediately after a waiting period, or is one of any of the 
consecutive weeks for which benefits are paid immediately following 
such waiting period, or is one of any of the consecutive weeks for which 
benefits are paid immediately following the week with respect to which 
a determination is made under (2) (c) above except as provided in (2) (d) 
above. 

88:11 Appeals. Amend paragraph (6) of RSA 282:5-B (supp) as 
inserted by 1955, 141:10 by striking out the whole of the same and in- 
serting in place thereof the following: (6) Any interested party may 
appeal from a certifying officer's determination by filing an appeal to an 
appeal tribunal within seven calendar days after the determination was 
mailed to his last known address. Provided, that if the commissioner finds 



84 Chapter 88 [1961 

sufficient grounds to justify or excuse a delay in filing an appeal, the time 
for filing said appeal may be extended by him, 

88:12 Appeal Tribunals. Amend subsection C of RSA 282:5 by 
striking out the whole of the same and inserting in place thereof the fol- 
lowing: C. Appeal Tribunals. (1) Composition and Jurisdiction. Ap- 
peal from a certifying officer's determination shall be to an impartial tri- 
bunal appointed by the commissioner. Each such tribunal shall be known 
as an appeal tribunal, and shall consist of three members, one of whom 
shall be a representative of employees, one of whom shall be a representa- 
tive of employers and the other shall be an employee of the department 
of employment security and shall serve as chairman, or shall consist of 
only the chairman. No person shall participate as a member of an appeal 
tribunal in any case in which he is an interested party or is the employee 
of an interested party. The chairman shall not be disqualified in appeals 
concerning individuals claiming benefits by reason of state or federal 
employment. 

(2) Tenure. The appointed members shall serve at the pleasure of 
the commissioner and shall be paid twenty dollars for each day or any 
part thereof during which they perform services at the request of the 
commissioner, and shall be reimbursed for all expenses determined by 
the commissioner to be necessary to the performance of their duties. 

(3) A chairman may allow an appeal to be ^vithdrawn by the ap- 
pellant, but in such case the chairman shall by registered mail send notice 
of his allowance of the withdrawal to all interested parties at the last ad- 
dress of each according to the records of the department of employment 
security, and simultaneously with the mailing of such notice the deter- 
mination of the certifying officer from which the appeal had been taken 
shall become final and no subsequent appeal of any type may be taken 
by the appellant in connection there^vith. 

(4) Procedure. The hearings shall be conducted in such a manner 
as to ensure a fair and impartial hearing to the interested parties. The 
appeal tribunal shall hear the appeal de novo and shall not be bound by 
prior findings or determinations of the department of employment se- 
curity, though the records of said department shall be part of the evidence 
to be considered by the tribunal. The manner in which appeals shall be 
filed and presented and the conduct of such proceedings shall be in ac- 
cordance with regulations prescribed by the commissioner, and such 
regulations need not conform to common law or statutory rules of evi- 
dence and other technical rules of procedure. The place and time of hear- 
ings shall be determined by the commissioner. In no case shall a hearing 
proceed unless the chairman is present. 

(5) Records. A full and complete record shall be kept of all proceed- 
ings in connection with an appeal, and all testimony at any hearing shall 
be recorded verbatim. 



1961] Chapter 88 85 

(6) Decisions. In every appeal, except as is provided in paragraph 
(3) above, the chairman shall prepare a written decision which shall be 
sent by registered mail to each interested party at the last address of each 
according to the records of the department of employment security. The 
decision, among other necessary things as determined by the commis- 
sioner, shall: set forth all the material findings necessary to support the 
conclusions; identify the interested parties and the account, whether fund 
or employer, to which benefits will be charged, if allowed; identify the 
week or period during Avhich benefits are denied, if denied; identify the 
first week and subsequent period with respect to which benefits will be 
paid, if allowed; determine all things necessary to finally dispose of the 
case; identify the members of the tribunal. The decision of an appeal 
tribunal shall be deemed to be the decision of the commissioner of the 
department of employment security for all subsequent actions in con- 
nection therewith. The decision shall become final upon the expiration 
of the tenth day following the date on which the decision is mailed. 

88:13 Appearance and Postponement. Amend subsection D of RSA 
282:5 (supp) as amended by 1955, 77:1 by striking out the whole of the 
same and inserting in place thereof the follo'^ving: D. Appearance and 
Postponement. Where the commissioner, in his sole judgment, finds 
sufficient grounds to justify or excuse an interested party from appearing 
or requesting a postponement, in order to protect the rights of the in- 
terested parties he shall direct the appeal tribunal to hold a further hear- 
ing, and such further hearing shall be de novo notwithstanding that a 
decision may have become final. 

88:14 Reopening of Appeal Tribunal Decision. Amend subsection 
E of RSA 282:5 by striking out the whole of the same and inserting in 
place thereof the following: E. Reopening of Appeal Tribunal Decision. 
(1) Procedure. The commissioner may, upon -written request of an in- 
terested party or upon his own initiative, in any case in which a decision 
has been rendered reopen the case on the basis of fraud, mistake, or newly 
discovered evidence. Such request shall set forth the facts or argument 
considered to be the basis for the reopening. No reopening will be con- 
sidered by the commissioner unless the request is received in his office 
within ninety days immediately following the date of mailing of the ap- 
peal tribunal's decision. The commissioner shall promptly notify in writ- 
ing other interested parties of the request for reopening. 

(2) Commissioner's Determination. The commissioner shall render 
his determination within a reasonable period after all the facts or argu- 
ment are made available to him. The determination of the commissioner 
shall be sent by registered mail to each interested party at the last address 
of each according to the records of the department of employment se- 
curity. The same appeal tribunal Avhich rendered the original decision 
shall upon direction to reopen proceed in the same manner as though 
an appeal in said case were being taken from a determination of a certi- 



86 Chapter 88 [1961 

tying officer; provided, however, that the further hearing shall be limited 
to the introduction of evidence or argument relative to and concerning 
the factors Avhich constitute the basis or grounds for the reopening. 

88:15 Repeal. Subsection F of RSA 282:5 relative to witnesses' and 
sheriffs' fees is hereby repealed. 

88:16 Appeals to Court. Amend subsection G of RSA 282:5 (supp) 
as amended by 1955, 141:11 by striking out the whole of the same and 
inserting in place thereof the following: G. Appeals to Court. (1) Any 
interested party aggrieved by any decision of an appeal tribunal in pro- 
ceedings under this chapter may, within ten days after the date of mailing 
of such decision, appeal therefrom to the superior court in the manner 
provided in paragraph (3) of this subsection. 

(2) Any interested party aggrieved by any decision of an appeal 
tribunal in proceedings under this chapter, who within ten days after 
the date of mailing of such decision requests the commissioner to direct 
the appeal tribunal to reopen the case and hold a further hearing to re- 
consider the case on the grounds of fraud, mistake, or newly discovered 
evidence (as required in subsection E of this section), may within ten 
days after the date of mailing of the decision of the commissioner which 
finally refuses the request for reopening of the case, appeal therefrom to 
the superior court in the manner provided in paragraph (3) of this sub- 
section. 

'^ (3) Appeal to superior court in (1) and (2) above shall be to the 
superior court for the county in which is located the employment bureau 
or branch in which the original claim was filed. The appeal shall be per- 
fected by filing a petition with the clerk of said superior court within 
the time limits specified in (1) and (2) above, and such petition must set 
forth specifically the grounds upon which it is claimed that the decision 
is in error, and no bond shall be required as a condition of entering such 
appeal. Thereupon the clerk of said superior court shall issue a citation 
to all interested parties, including in every case the commissioner, re- 
turnable at any time within ten days after the date of issue. The com- 
missioner shall file with said clerk before trial a certified copy of the record 
on the claim ^vhich shall, upon being so filed, become part of the record 
of the case and part of the evidence in the case to be considered by the 
court. The superior court shall hear the case de novo. An appeal may 
be taken from the decision of the superior court to the supreme court in 
the same manner as is provided in civil actions. Upon the final determina- 
tion of such judicial proceeding, the commissioner shall enter an order 
in accordance with such determination. 

(4) Any interested party aggrieved by any decision of an appeal 
tribunal in proceedings under this chapter, who fails within the ten-day 
period after the date of mailing of such decision, for whatever reason, 
either to request the commissioner to direct a reopening for the purpose 



1961] Chapter 88 87 

of reconsidering the case on the grounds of fraud, mistake, or newly dis- 
covered evidence, or to appeal to superior court under paragraph (1) 
above, but who at some subsequent time within the ninety days allowed 
in subsection E of this section requests the commissioner to direct such 
reopening, may, within ten days after the date of mailing of the decision 
of the commissioner which finally refuses the request for reopening of 
the case, appeal therefrom to the superior court for the county in which 
is located the employment bureau or branch in which the original claim 
was filed. Judicial review by said superior court under this paragraph 
shall be confined to ^vhether or not the commissioner's decision was the 
result of arbitrary, unreasonable or capricious action, or contrary to 
law. The appeal under this paragraph shall be perfected by filing a peti- 
tion with the clerk of said superior court within the time limit above 
specified, and the petition must set forth specifically the grounds on which 
it is alleged that the action of the commissioner was arbitrary, unreason- 
able or capricious, or contrary to law, and no bond shall be required as a 
condition of entering such appeal. Thereupon the clerk of said superior 
court shall issue a citation to all interested parties, returnable at any time 
^vithin ten days after the date of issue. The commissioner shall file with 
said clerk before trial or hearing a certified copy of the entire record on 
the claim which shall, upon being so filed, become the record of the case. 
An appeal may be taken from the decision of the superior court to the 
supreme court in the same manner as is provided in civil actions. Upon 
the final determination of such judicial proceeding, the commissioner 
shall enter an order in accordance with such determination. 

(5) Any interested party aggrieved by any decision in proceedings 
under section 14-D of this chapter may appeal to superior court in the 
manner provided in section 5-G(3) of this chapter. 

(6) A petition of appeal shall not act as a supersedeas or stay imless 
the commissioner shall so order. 

(7) The commissioner may of his own motion transfer to the su- 
preme court any question of law arising in the administration of this 
chapter. 

88:17 Payment of Contributions. Amend subsection A of RSA 282:6 
by striking out the whole of the same and inserting in place thereof the 
following: A. Payment of Contributions. Contributions shall accrue and 
become payable by each employer for each calendar year, in which he is 
subject to this chapter, in an amount equal to 2.7 per centum, except as 
otherwise provided in subsection D of this section, of the wages paid for 
employment during such calendar year, provided that contributions on 
account of wages in excess of three thousand dollars which have been 
paid to an individual in any calendar year shall be paid only so long as 
such contributions may be credited by any employer against the tax 
imposed by the Federal Unemployment Tax Act, as amended. Such con- 



88 Chapter 88 [1961 

tribiitions shall become due and be paid by each employer to the com- 
missioner of the department of employment security for the fund in ac- 
cordance Avith such regulations as the commissioner of the department 
of employment security may prescribe, and shall not be deducted, in 
Avdiole or in part, from the wages of individuals in such employer's em- 
ploy; provided that the contributions of an employer becoming subject to 
the law Avithin any calendar year shall be first due and payable after such 
employer has satisfied the conditions with respect to becoming an em- 
ployer. For the purposes of this subsection, the term wages shall include 
service subject to contribution under any employment security law of 
another state. 

In the payment of any contributions, a fractional part of a cent shall 
be disresfarded unless it amounts to one-half cent or more in which case 
it shall be increased to one cent. 

88:18 Repeal. Subsection B of RSA 282:6 relative to rate of con- 
tribution is hereby repealed. 

88:19 Separate Accounts. Amend paragraph (1) of RSA 282:6-C 
(supp) as amended by 1955, 141:12 by striking out the whole of the same 
and inserting in place thereof the following: (1) The commissioner shall 
maintain a separate account for each employer and shall credit his ac- 
count with all contributions timely paid by him or on his behalf but 
nothing in this chapter shall be construed to grant any employer or in- 
dividuals in his service prior claims or rights to the amounts paid by 
him into the fund, either on his own behalf or on behalf of such indi- 
viduals. Benefits paid to an eligible individual shall be charged against 
the account of the claimant's most recent employer. 

88:20 Repeal. Subparagraph (a) of RSA 282:6-C(2) (supp) as amend- 
ed by 1955, 141:12, relative to benefit charges to the fund, is hereby 
repealed. 

88:21 Merit Rate Schedule. Amend paragraph (8) of RSA 282:6-D 
(supp) as amended by 1955, 7:3 and 141:13 by striking out the whole 
of the same and inserting in place thereof the following: (8) The com- 
putation date will be January 1 (to include contributions on that year's 
and prior years' employment paid through the succeeding January 31). 
The total for all past years of all benefits charged as of the computation 
date against an employer's separate account shall be subtracted from the 
total of all contributions paid on an employer's own behalf and credited 
as of the computation date to his separate account for all past years. If 
contributions so credited exceed benefits so charged, the excess shall be 
computed as a per centum of the employer's average annual pay roll 
which per centum shall determine his contribution rate, subject to the 
provisions and conditions of this section otherwise provided, in the fol- 
lowing per centum: 



1961] Chapter 88 89 

Schedule I 

Per Centum of Average Annual Contribution 

Pay Roll Equals or Exceeds Rate 

8% 2.5% 

9% 2.3% 

10% 2.0% 

11% 1.8% 

12% 1.5% 

14% 1.2% 

15% 1.0% 

88:22 Merit Rate Schedule. Amend paragraph (9) of RSA 282:6-D 
(supp) as amended by 1955, 7:3 and 141:13 by striking out the whole of 
the same and inserting in place thereof the following: (9) It is further 
provided that, subject to the provisions and conditions hereinabove fully 
described as to the status of the unemployment compensation fund being 
equal to or exceeding twenty million dollars, said employer's contribu- 
tion rate effective as hereinabove provided shall, after computation is 
made in the manner described in the next preceding paragraph, and sub- 
ject to the provisions and conditions of this section otherwise provided, 
be in the following per centum: 

Schedule II 

Per Centum of Average Annual 
Pay Roll Equals or Exceeds 

5% 

6% 

8% 

9% 
10% 
11% 
12% 
14% 

88:23 Repeal. Paragraph (10) of RSA 282: 6-D (supp) as amended by 
1955, 7:3 and 141:13, relative to minimum merit rate, is hereby repealed. 

88:24 Repeal. Paragraph (11) of RSA 282:6-D (supp) as amended by 
1955, 7:3 and 141:13, relative to merit rate qualification, is hereby re- 
pealed. 

88:25 Repeal. Paragraph (12) of RSA 282:6-D (supp) as amended by 
1955, 7:3 and 141:13, relative to finality of rate determination, is hereby 
repealed. 

88:26 Repeal. Paragraph (13) of RSA 282:6-D (supp) as amended by 
1955, 7:3 and 141:13, relative to finality of rate determination, is hereby 
repealed. 



Contribution 


Rate 


2.5% 


2.3% 


1.9% 


1.6% 


1-2% 


.9% 


.6% 


.5% 



90 Chapter 88 [1961 

88:27 Successorship. Amend paragraph (1) of RSA 282:6-E (supp) 
as amended by 1955, 141:14 by striking out the whole of the same and 
inserting in place thereof the following: (1) Total Acquisition. An em- 
ploying unit ^vhich acquires substantially all of the New Hampshire 
assets of any employer with the intent to continue said employer's organ- 
ization, trade or business, excepting in any such case, any assets retained 
by such employer incident to the liquidation of his obligations (whether 
or not such acquiring employing unit was an employing unit within the 
meaning of this chapter prior to such acquisition), shall within thirty 
days notify the commissioner thereof, and shall assume, for the purpose 
of liability, the position of such employer with respect to such employer's 
separate accoimt and contribution liability, as if no change with respect 
to such separate account and liability had occurred and with the same 
effect for such purpose as if the operations of such employer had at all 
times been carried on by such employing unit. Such separate account 
shall be transferred by the commissioner to such employing unit and, 
as of the date of such acquisition, shall become the separate account or 
part of the separate account, as the case may be, of such employing unit, 
and the benefits thereafter chargeable to such employer on account of 
employment prior to the date of such acquisition shall be charged to the 
former employer's separate account until the fact of successorship is de- 
termined by the commissioner and thereafter shall be charged to the ac- 
count of the acquiring employing unit. 

88:28 Successorship. Amend paragraph (3) of RSA 282:6-E (supp) 
as amended by 1955, 141:14 by striking out the whole of the same and 
inserting in place thereof the following: (3) Acquisition of Segregable 
Unit, (a) Whenever any employing unit, whether or not an employing 
unit at the time, in any manner succeeds to, or has succeeded to, or ac- 
quires, or has acquired, a segregable portion of an employer's organiza- 
tion, trade, or business, and all of the assets of that employer devoted to 
that segregable portion, with the intent to continue the organization, the 
trade and the business of that segregable portion, it may assume for all 
purposes the position of such employer with respect to such employer's 
separate account and contribution liability to the extent such separate 
account and contribution liability is assignable to such segregable unit. 

(b) If such succeeding employing unit is at the time of acquisition 
an employer it shall continue to pay contributions at the rate assigned 
to it until the end of the then current tax year. 

(c) If such succeeding employing unit is not at the time of acquisi- 
tion an employer it shall pay contributions at the rate assigned to the 
transferring employer until the end of the then current tax year. 

(d) No transfer of a portion of an employer's separate account shall 
be made under this subsection except upon application of the succeeding 
employing unit and waiver by the transferring employer of all its rights 



1961] Chapter 88 91 

and interest in such segregable portion of its separate account. Applica- 
tion in writing together -with the notarized waiver shall be filed with the 
commissioner within thirty days from the date on which the acquisition 
occurs. 

(e) For the purpose of this subsection segregable unit shall mean a 
separately maintained, housed and conducted establishment whose activi- 
ties have been physically detached from the other plants, factories or 
premises of the employer and for which the employer has maintained 
separate books of account including payrolls. A unit shall be considered 
segregable only for the periods during which such separation of location 
and books of account are maintained. 

88:29 Employer Liability Determinations. Amend section 6 of RSA 
282 by inserting after subsection E (supp) as amended by 1955, 141:14 
the following new subsection F: F. Employer Liability Determinations. 
(1) The commissioner of the department of employment security or 
his authorized representative shall make an initial determination on all 
questions relating to the liability of em.ploying units and/or employers, 
including the amount of contributions, the rate at which contributions 
shall be paid and successorship. A copy of the initial determination shall 
be sent by registered mail to the last address, according to the records of 
the department, of each employing unit or employer affected thereby. 

(2) The affected employing unit and/or employer may appeal in 
writing to the commissioner from the initial determination. No appeal 
shall be entertained by the commissioner unless filed in his office within 
ten (10) days, and not thereafter no matter what the reason, from the date 
on which the initial determination is mailed. If an appeal is not so filed, 
the initial determination shall ^vath the expiration of said period become 
final and conclusive in all respects and for all purposes. 

(3) Formal hearing on each such appeal shall be conducted accord- 
ing to the regulations promulgated by the commissioner, whether or not 
such regulations conform to common law or stattitory rules of evidence 
and other technical rules of procedure, and a complete record of such 
hearings shall be made and kept by the commissioner except that such 
record may be destroyed as provided in section 9 of this chapter. The 
record shall include the evidence, the commissioner's findings of fact and 
his decision. A copy of the decision of the commissioner shall be sent by 
registered mail to the last address, according to the records of the depart- 
ment, of each employing unit or employer affected thereby. 

(4) The commissioner's decision on said appeal shall be final and 
conclusive as to the liability of the employing unit and/or employer, un- 
less within ten (10) days after the date of mailing of such decision the 
employing unit and/or employer files an appeal with the clerk of the 
superior court for Merrimack County or that county of this state in which 
the employing unit and/or employer has his principal place of business. 



92 Chapter 88 [1961 

Every such appeal shall be decided by the court from the record as certi- 
fied and filed by the commissioner, without the aid of a jury; and the 
findings of fact by the commissioner shall not be set aside if supported 
by any evidence. If the court finds that the findings of fact are not sup- 
ported by any evidence, it shall remand the case to the commissioner for 
further proceedings in accordance therewith. If the court finds that the 
commissioner has made an error of law, the court shall reverse or modify 
the commisisoner's decision and enter an appropriate judgment. Appeals 
brought under this provision shall be given the same preference on court 
calendars Tvhich is provided for other matters in section 12-C of this 
chapter. 

(5) The procedures set forth above shall be exclusive for the de- 
termination of all questions relating to the liability of employing units 
and/or employers except matters determined under section 5 of this 
chapter. No questions relating to the liability of employing units and/or 
employers Avhich have been determined prior to the effective date of this 
section shall be reviewed hereunder. 

88:30 Department of Employment Security. Amend subsection A 
of RSA 282:9 (supp) as amended by 1957, 118:9 by striking out the whole 
of the same and inserting in place thereof the following: A. Department 
of Employment Security. There shall be a department of employment 
security which shall include an unemployment compensation bureau and 
an employment service bureau. 

88:31 Commissioner. Amend subsection B of RSA 282:9 (supp) as 
amended by 1957, 118:10 by striking out the whole of the same and in- 
serting in place thereof the following: B. Commissioner. There shall be 
a commissioner of the department of employment security who shall be 
appointed by the governor with the advice and consent of the Governor 
and Council. 

88:32 Deputy Commissioner. Amend subsection E-1 of RSA 282:9 
(supp) as inserted by 1955, 141:21 by striking out the whole of the same 
and inserting in place thereof the following: E-1. Deputy Commissioner. 
There shall be a deputy commissioner of the department of employment 
security who shall act as commissioner whenever the commissioner of the 
department of employment security is incapacitated, absent or unable 
to act for any cause. The deputy commissioner shall also act as commis- 
sioner of the department of employment security until a new commis- 
sioner is duly appointed whenever there is no commissioner. During 
such period as the deputy commissioner acts as commissioner his status 
as a classified state employee shall continue and shall in no way be altered, 
affected or changed. 

88:33 Annual Audit. Amend subsection G of RSA 282:9 by striking 
out the whole of the same and inserting in place thereof the following: 
G. Duties and Powers of Commissioner. 



1961] Chapter 88 93 

(1) It shall be the duty of the commissioner of the department of 
employment security to administer this chapter and he shall have power 
and authority to adopt, amend, or rescind such rules and regulations, to 
employ such persons, make such expenditures, require such reports, make 
such investigations, and take such other action as he deems necessary or 
suitable to that end. Such rules and regulations shall be effective upon 
publication in the manner, not inconsistent with the provisions of this 
chapter, which the commissioner shall prescribe. The commissioner shall 
determine his own organization and methods of procedure in accordance 
with the provisions of this chapter. Not later than the thirtieth day of 
June of each year, the commissioner shall submit to the governor a report 
covering the administration and operation of this chapter during the 
preceding calendar year and shall make such recommendations for amend- 
ments to this chapter as he deems proper. Such reports shall include a 
balance sheet of the moneys in the fund in which there shall be provided, 
if possible, a reserve against the liability in future years to pay benefits 
in excess of the then current contributions, which reserve shall be set up 
by the commissioner in accordance with accepted actuarial principles 
on the basis of statistics of employment, business activity, and other rele- 
vant factors for the longest possible period. Whenever the commissioner 
believes that a change in contribution or benefit rates will become neces- 
sary to protect the solvency of the fimd, he shall promptly so inform the 
governor and the legislature, and make recommendations with respect 
thereto. 

(2) For the purpose of establishing and maintaining free public 
employment offices, the commissioner of the department of employment 
security is authorized to enter into agreements with the railroad retire- 
ment board, or any other agency of the United States charged ^vith the 
administration of an unemployment compensation law, with any political 
subdivision of this state, or with any private, non-profit organization, and 
as a part of any such agreement the commissioner may accept moneys, 
services, or quarters as a contribution to the employment service account. 

(3) Annual Audit. It shall be the duty of the commissioner to pro- 
vide for an annual audit by a private firnr of certified public accomitants 
of the various fimds and accounts provided for or maintained under this 
chapter. 

88:34 Subpoenas. Amend subsection P of RSA 282:9 by striking out 
the ^vhole of the same and inserting in place thereof the follo^ving: P. 
Subpoenas. (1) In the case of contumacy by, or refusal to obey a sub- 
poena issued to, any person, any court of this state •\vithin the jurisdiction 
of which the inquiry is carried on or Avithin the jurisdiction of ^vhich said 
person guilty of contumacy or refusal to obey is found or resides or trans- 
acts business, upon application by the commissioner of the department of 
employment secmity, the chairman of an appeal tribunal, or any duly 
authorized representative of either of them shall have jurisdiction to 



94 Chapter 88 [1961 

issue to such person an order requiring such person to appear before the 
commissioner, the chairman of an appeal tribunal or any duly author- 
ized representative of either of them, there to produce evidence if so 
ordered or there to give testimony touching the matter under investiga- 
tion or in question; and any failure to obey such order of the court may 
be punished by said court as a contempt thereof. Any person who shall 
without just cause fail or refuse to attend and testify or to answer any 
la^s'ful inquiry or to produce books, papers, correspondence, memoranda, 
and other records, if it is in his power so to do, in obedience to a subpoena 
of the commissioner, the chairman of an appeal tribunal, or any duly 
authorized representative of either of them, shall be fined not more than 
t^vo hundred dollars or imprisoned for not more than sixty days, or by 
both such fine and imprisonment, and each day such violation continues 
shall be deemed to be a separate offense. 

(2) Witnesses' and Sheriffs' Fees. Witnesses subpoenaed pursuant to 
this chapter shall be allowed fees at the rate established for witnesses in 
the superior court. Sheriffs shall be allowed the customary fees for service 
and travel. Such fees shall be deemed a part of the expenses of admin- 
istering this chapter. 

88:35 Removal from Records of Amounts Due. Amend section 9 
of RSA 282 by inserting after subsection S the following new subsection 
T: T. Removal from Records of Amounts Due. Upon a written deter- 
mination by the commissioner of the department of employment security 
with the approval of the attorney general that the best interests of the 
state would be served by taking no finther action to collect any sum or 
sums due under the provisions of this chapter, the same may be removed, 
by said commissioner, from the books and records of the department; 
provided that in the case of contributions, interest and late-filing fees, 
no such action shall be taken within the four-year period immediately 
following the due date thereof. 

88:36 Contingent Fund. Amend subsection C of RSA 282:10 (supp) 
as amended by 1955, 141:16 by striking out the whole of the same and 
inserting in place thereof the following: C. Contingent Fund. There is 
hereby created in the state treasury a special fund to be known as the 
contingent fund. All interest, fines and penalties collected under the pro- 
visions of this chapter, after the effective date of this subsection, shall be 
paid into this fund. The monies in this fund may be used by the com- 
missioner: (1) as a revolving fund to cover expenditures (necessary and 
proper under the law) for which federal funds have been duly requested 
but not yet received, subject to the charging of such expenditures against 
such funds when received, (2) for an annual audit by a private firm of 
certified public accountants, such firm to be designated by the state comp- 
troller with approval of the governor and council, of the various funds 
provided for under this chapter and the employers' separate accounts 
maintained pursuant thereto, (3) for training and education of employ- 



1961] Chapter 88 95 

ment security personnel in their work, when money for such is not avail- 
able from the federal government, (4) for rents, fees, salaries and 
equipment when money for such is not available from the federal gov- 
ernment, (5) for any other purpose which is found by the governor and 
council to be in furtherance of the administration of this chapter. Monies 
in this fund shall not be expended or available for expenditure in any 
manner which would permit their substitution for (or a corresponding 
reduction in) federal funds which would, in the absence of said monies, 
be available to finance expenditures for the administration of this chap- 
ter. This fund shall be used by the commissioner for the payment of costs 
of administration which are found not to have been properly and validly 
chargeable against federal grants (or other funds) received for or in the 
unemployment compensation and employment service administration 
fund on or after the effective date of this subsection. The monies in this 
fund are hereby specifically made available to replace, within a reason- 
able time, any monies received by this state pursuant to section 302 of 
the federal Social Security Act, as amended, which, because of any action 
or contingency, have been lost or expended for purposes other than, or 
in amounts in excess of, those necessary for the proper administration of 
this chapter. The monies in this fund shall be continuously available to 
the commissioner for expenditure in accordance with the provisions of 
this subsection and shall not lapse at any time or be transferred to any 
other fund except as herein provided. Provided, however, that on June 
30 of each year all monies in excess of five thousand dollars in this fund 
shall be transferred to the unemployment compensation fund. In the 
event that a refund of interest, a fine or a penalty is found necessary, and 
such interest, fine or penalty has been deposited in the contingent fund, 
such refund shall be made from the contingent fund. This fund shall 
be administered and disbursed in the same manner and under the same 
conditions as other special funds of the state treasury. 

88:37 Administrative Hearings. Amend subsection D of RSA 282:14 
(supp) as amended by 1955, 141:20 by striking out the whole of the same 
and inserting in place thereof the following: D. Whoever wilfully makes 
a false statement or representation or knowingly fails to disclose a ma- 
terial fact, whether before a representative of the department of employ- 
ment security of the state of New Hampshire or in another state before a 
representative of the unemployment compensation agency of that state 
which is acting in the capacity of agent for the state of New Hampshire, 
to obtain or increase any benefit or other payment under this chapter, 
or under the laws of any other state or the federal government, either for 
himself, or for any other person, may, in the discretion of the commis- 
sioner or his authorized representative, be determined to be disqualified 
for benefits for each week directly affected by the false statement or repre- 
sentation or failure to disclose a material fact, and all benefits received 
for each week of such disqualification shall be deemed overpaid and 
restitution in an amount equal to such overpayment shall be ordered by 



96 Chapter 88 [1961 

the commissioner or his authorized representative. In addition to such 
disqualification he shall be deemed ineligible to receive benefits for not 
less than tour nor more than fifty-two consecutive weeks, beginning with 
the "week in ^vhich the decision is made, as determined by the commis- 
sioner or his authorized representative. For each week of determined 
ineligibility an amount equal to the individual's maximum weekly benefit 
rate during such week shall be deducted from the maximum benefits 
a\ailable to him during the benefit year in which such -^veek falls, but 
no change shall be made in his weekly benefit amount because of this 
deduction. Any proceeding or action taken under this subsection shall 
be in lieu of and not in addition to any proceeding or action taken under 
subsection A of this section. 

88:38 Recovery for Another State. Amend subsection H of RSA 
282:14 (supp) as inserted by 1955, 141:20 by striking out the whole of 
the same and inserting in place thereof the following: H. Recovery for 
Another State. On request of an agency of another state which admin- 
isters an employment security law and Avhich has found, in accordance 
with the provisions of such law, that an individual is liable to repay bene- 
fits received under such law, the commissioner may collect from such 
individual the amount of such benefits, to be refunded to such agency, 
and such amounts may be collected by civil action in the name of the 
commissioner acting as agent for such agency. 

88:39 Continuation in Office. The director of the department of 
employment security in office at the time of passage of this act shall be- 
come commissioner of the department of employment security and shall 
receive the same salary as he Avas entitled to receive as director of said 
department. 

88:40 Continuation in Office. The deputy director of the depart- 
ment of employment security in office at the time of passage of this act 
shall become deputy commissioner of the department of employment 
security and his position in the state classified service shall be not less 
than existing at the time of passage of this act. 

88:41 Application of Statutes. Wherever in the statutes the Avords 
"director" or "director of the department of employment security" are 
used they shall be construed to mean commissioner of the department of 
employment security. All functions, po^vers and duties heretofore con- 
ferred on said director are hereby transferred to the said commissioner. 

88:42 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



1961] Chapter 89 97 

CHAPTER 89. 

AN ACT RELATIVE TO AIRCRAFT SERVICE OPERATOR CERTIFICATE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

89:1 Aircraft Service Operators. Amend RSA 422:24 by inserting 
after the word "areas" in the second line the words, aircraft service oper- 
ators, and by adding at the end of said section the following sentence, 
For the purpose of this section an aircraft service operator is defined 
as any person who engages in the operation of aircraft for hire as a com- 
mon carrier of persons or in connection with flight training or who for 
hire engages in the repair and maintenance of aircraft, so that said section 
as amended shall read as follows: 422:24 State Registration Certificates. 
The commission is empowered to issue registration certificates for airmen, 
aircraft, landing areas, aircraft service operators, and air carriers and 
establish the requirements for and the terms, conditions and limitations 
of such certificates. For the purpose of this section an aircraft service 
operator is defined as any person who engages in the operation of aircraft 
for hire as a common carrier of persons or in connection with flight train- 
ing or ^vho for hire engages in the repair and maintenance of aircraft. 

89:2 Fees. Amend RSA 422:37 by adding at the end thereof the 
following new paragraph: XL For each aircraft service operator certifi- 
cate, ten dollars. 

89:3 Prohibitions. Amend RSA 422:34 by inserting after VIII the 
following new paragraph: 

IX. For any person to engage in the operation of aircraft for hire as 
a common carrier of persons or in connection with flight training or for 
hire engage in the repair and maintenance of aircraft without an aircraft 
service operator's certificate. 

89:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



CHAPTER 90. 

AN ACT RELATIVE TO REGISTRATION OF TAX APPRAISERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

90:1 Tax Appraisals. Amend RSA 71 by adding after section 29 
(supp) as inserted by 1955, 246:1 the following new section: 71:30 Regis- 



98 Chapter 91 [1961 

tration of Appraisers. Every person, firm or corporation which shall in- 
tend to engage in the business of making appraisals for tax assessment 
purposes for any town or city in this state shall register with the state 
tax commission. Every applicant for registration shall furnish such in- 
formation as the tax commission shall require regarding its financial 
condition, its officers, and the persons it intends to employ in such work 
relative to their skill, training and experience and such other information 
as the tax commission shall require. Any person, firm or corporation 
which intends to negotiate with a town or city relative to an appraisal 
of any property for tax assessment purposes shall inform the tax com- 
mission in writing of such intention prior to any negotiation. 

90:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1961.] 
[Effective date April 20, 1961.] 



CHAPTER 91. 



AN ACT RELATIVE TO VARIANCES IN FEDERAL CENSUS FIGURES FOR THE 
APPORTIONMENT OF STATE REPRESENTATIVES. 

Whereas, the constitution of the state was amended by vote of the 
people in November, 1960, to provide that in making up the apportion- 
ment of representatives for any ten-year period the legislature could make 
variations in the figures of population as set forth in the census taken by 
the United States with reference to non-residents, now therefore 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

91:1 Authority Granted. The planning and development commis- 
sion shall forthwith examine the figures set forth by the federal census 
of 1960 to ascertain what number of non-residents were included in the 
population of certain towns and city wards of the state. Said commission 
shall determine what figures should be used to ascertain the population 
of towns and city wards in the apportionment of representatives to the 
general court and such figures shall be used by the committee appointed 
to prepare said apportionment. 

91:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1961.] 
[Effective date April 20, 1961.] 



1961] Chapter 92 99 

CHAPTER 92. 

AN ACT RELATIVE TO TRESPASSING ON PRIVATE ROADWAYS WITH A MOTOR 

VEHICLE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

92:1 Trespass. Amend RSA 572:15 (supp), as amended, by striking 
out said section and inserting in place thereof the following: 

572:15 Penalty. Whoever without right enters upon the cultivated 
land of another, or upon land within two hundred yards of a building, 
said land having been posted as provided in section 16, or without right 
and using a motor vehicle enters or drives upon any private roadway or 
woods road where at least two notices as provided in section 16 have been 
posted at the entrance thereof, shall be fined not less than twenty-five 
dollars nor more than fifty dollars or imprisoned not more than six 
months, or both, provided, however, that whenever any such roadway 
or woods road intersects or merges with another such roadway or woods 
road, such point shall be deemed to be an entrance within the meaning 
of this section. 

92:2 Takes EfiEect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



CHAPTER 93. 

AN ACT RELATING TO THE ANNUAL REPORT OF THE RACING COMMISSION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

93:1 Change of Date. Amend RSA 284:11 by striking out the word 
"February" in the second line and inserting in place thereof the word, 
April, so that said section as amended shall read as follows: 284:11 Report 
of the Commission. The commission shall make an annual report to the 
governor on or before the first day of April in each year, including therein 
an account of its actions, receipts derived under the provisions hereof, 
the practical effects of the application of this chapter, and any recom- 
mendation for legislation which the commission deems advisable. 

93:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



100 Chapter 94 [1961 

CHAPTER 94. 

AN ACT RELATIVE TO INVESTMENTS LEGAL FOR TRUSTEES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

94:1 Limitation on Investments. Amend paragraph IV of RSA 
564:18 by striking out said paragraph and inserting in place thereof the 
following: IV. In such bonds or stocks or other securities, including the 
shares of an open-end or closed-end management type investment com- 
pany or investment trust which is registered under the Federal Invest- 
ment Company Act of 1940 as from time to time amended and which 
may be sold under the rules, regulations and exemptions of the insurance 
department of the state of New Hampshire, as a prudent man would 
purchase for his own investment having primarily in view the preserva- 
tion of the principal and the amount and regularity of the income to be 
derived therefrom. 

Trustees shall be accountable for, and may be licensed to sell, stocks, 
bonds and other written evidence of debt. 

94:2 Takes Effect. This act shall take effect July 1, 1961. 
[Approved April 20, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 95. 

AN ACT RELATIVE TO INVESTMENTS LEGAL FOR GUARDIANS AND CONSERVATORS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

95:1 Limitation on Investments. Amend paragraph V of RSA 463:22 
by striking out said paragraph and inserting in place thereof the follow- 
ing: V. In such bonds or stocks or other securities, including the shares 
of an open-end or closed-end management type investment company or 
investment trust which is registered under the Federal Investment Com- 
pany of 1940 as from time to time amended and which may be sold under 
the rules, regulations and exemptions of the insurance department of 
the state of New Hampshire, as a prudent man would purchase for his 
own investment having primarily in view the preservation of the prin- 
cipal and the amount and regularity of the income to be derived there- 
from; provided, however, that no guardian of a beneficiary of the Veterans' 
Administration shall invest funds of his ward's estate under this para- 
graph. 



1961] Chapter 96 101 

95:2 Takes Effect. This act shall take effect July 1, 1961. 

[Approved April 20, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 96. 

AN ACT RELATIVE TO THE HOMESTEAD RIGHT OF MINOR CHILDREN, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

96:1 Owner. Amend RSA 480 by inserting after section 3 the fol- 
lowing new section: 480:3-a Duration. The owner and the husband or 
wife of the owner are entitled to occupy the homestead right during the 
owner's lifetime. After the decease of the o^vner the surviving wife or 
husband of the o^v^ner is entitled to the homestead right during the life- 
time of such survivor. 

96:2 Conveyances. Amend RSA 480 by inserting after section 5 the 
following new section: 480:5-a Encumbering. No deed shall convey or 
encumber the homestead right except a mortgage made at the time of 
purchase to secure payment of the purchase money, unless it is executed 
by the owner and wife or husband, if any, with the formalities required 
for the conveyance of land. 

96:3 Estate Not Affected. Amend RSA 480 by inserting after section 
6 the following new section: 480:6-a Devise. No devise of the home- 
stead shall affect the estate of the surviving wife or husband in the home- 
stead right. 

96:4 Petition, Superior Court. Amend RSA 480 by inserting after 
section 8 the following new section: 480:8-a Establishing Right. The 
superior court, upon petition of the owner of a homestead, or the wife or 
husband surviving such owner, or upon petition of a judgment creditor 
and such notice as it may order, may appoint appraisers and cause the 
homestead right to be set off, and a record of the proceedings being made 
in the registry of deeds, the right shall be established as against all persons. 

96:5 Repeal. RSA 480:3; 480:5; 480:6 and 480:8, relating to the 
homestead right of minor children, are hereby repealed. 

96:6 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



102 Chapter 97 [1961 

CHAPTER 97. 

AN ACT RELATIVE TO PROCEDURE FOR ESTABLISHMENT OF COMMERCIAL CODE 
RECORDS IN THE OFFICE OF THE SECRETARY OF STATE, 

Whereas, the general court in 1959 enacted the uniform commercial 
code, said code to be effective as of July 1, 1961, and 

Whereas, the secretary of state in order to be ready for the filings 
on July 1, 1961, will be required to purchase equipment and set up pro- 
ceedings therefor prior to the effective date of the code, and 

Whereas, in said legislation no appropriation was made for the pur- 
chase of the necessary equipment for filing of records as required by said 
legislation, nor for necessary additional personnel for preparing forms, 
etc., now therefore 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

97:1 Office of the Secretary of State. For the purpose of preparation 
for the operation of the commercial code in the office of the secretary of 
state there are hereby appropriated the following sums: 

Division of commercial code: 

Personal services: 

Permanent $686.79 

Other — consultant fees 500.00 

Current expenses 200.00 

Equipment 4,020.00 

Furniture 600.00 



Total $6,006.79 

The sum of $6,006.79 herein appropriated shall be a continuing appro- 
priation and shall not lapse. The governor is authorized to draw his war- 
rant for the sum hereby appropriated out of any money in the treasury 
not otherwise appropriated, 

97:2 Takes Effect. This act shall take effect upon its passage. 
[Approved April 20, 1961,] 
[Effective date April 20, 1961.] 



1961] Chapter 98 103 

CHAPTER 98. 

AN ACT RELATIVE TO RELEASED TIME FOR MUSIC INSTRUCTION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

98:1 Repeal. RSA 193:6, relative to released time from school work 
for instruction in music, is hereby repealed. 

98:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[ Effective date June 1 9, 1 96 1 .] 



CHAPTER 99. 



AN ACT PROVIDING FOR THE CLASSIFICATION OF CERTAIN SURFACE WATERS 
OF THE OTTER BROOK WATERSHED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

99:1 Classification. On and after the effective date of this act the 
following surface waters shall be classified in accordance with the pro- 
visions of RSA 149: 

I. Otter brook and all its tributaries, in the city of Keene and the 
towns of Nelson, Roxbury, Stoddard, and Sullivan, from their sources to 
the outlet of the flood control dam in the city of Keene and the town of 
Roxbury, Class B-1. 

II. All other surface waters of the Otter brook watershed hitherto 
unclassified and not included in paragraph I in the city of Keene and the 
towns of Nelson, Roxbury, Stoddard, and Sullivan downstream to the 
outlet of the flood control dam in the city of Keene and the town of Rox- 
bury, Class B-1. 

99:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



104 Chapter 100 [1961 

CHAPTER 100. 

AN ACT RELATING TO ATTACHMENT LIENS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

100:1 Release. Amend RSA 511:48 by striking out the words "in 
term time or vacation" in the third line and by striking out the word 
"thirty" in the eighth line and inserting in place thereof the word, sixty, 
so that said section as amended shall read as follows: 511:48 Petition; 
Bond. A defendant whose interest in real estate is attached on mesne 
process may apply by a petition in writing to a justice of the superior 
court to have the attachment released, and upon reasonable notice to all 
parties interested, or their attorneys, and hearing, the justice may order 
the petitioner to give bond to the plaintiff, with sufficient sureties, con- 
ditioned to pay the judgment which may be recovered by the plaintiff, 
with his costs on such petition, within sixty days after judgment. 

100:2 Less Value. Amend RSA 511:49 by striking out the word 
"thirty" in the fifth line and inserting in place thereof the word, sixty, 
so that said section as amended shall read as follows: 511:49 Bond; 
Amount. If, on the hearing, the justice shall find the real estate so at- 
tached, or the interest of the defendant therein, to be of less value than 
the amount ordered in the writ to be attached the bond shall be condi- 
tioned to pay the value of such interest so found, and costs on the petition, 
Av^ithin sixty days after judgment. 

100:3 Expiration. Amend RSA 511:55 by striking out the word 
"thirty" in the second line and inserting in place thereof the word, sixty, 
so that said section as amended shall read as follows: 511:55 Duration. 
Property attached shall be holden until the expiration of sixty days from 
the time of rendering a judgment in the action in favor of the plaintiff 
on which he can take execution, and if there are several attachments the 
property shall be holden to the creditors in the order in which their at- 
tachments were made. 

100:4 Subsequent Attachments. Amend RSA 511:56 by striking 
out the word "thirty" in the sixth line and inserting in place thereof the 
word, sixty, so that said section as amended shall read as follows: 511:56 
Several Attachments. When there are several attachments of the same 
property, in different suits, if an action in which a prior attachment was 
made shall be continued in court, the plaintiff in a suit wherein a subse- 
quent attachment was made may take judgment and execution at any 
time, and the lien of his attachment in its order of priority shall be pre- 
served until the expiration of sixty days from the rendition of judgment 
in the suit wherein the prior attachment was made. 

100:5 Amount Secured. Amend RSA 511:57 by striking out the 
word "thirty" in the fifth line and inserting in place thereof the word, 



1961] Chapter 101 105 

sixty, so that said section as amended shall read as follows: 511:57 Pro- 
ceeds of Sale. The proceeds of property sold on a writ, and the amount 
secured by a bond as provided in this chapter, shall be holden to pay the 
executions issuing in the actions in which the attachments were made in 
the order in which they were made, if demanded by the officer to whom 
such executions are committed, within sixty days after judgment is 
rendered. 

100:6 Previous Term. Amend RSA 511:58 incorrectly numbered 
511:28) by striking out the word "thirty" in the fourth line and inserting 
in place thereof the word, sixty, so that said section as amended shall read 
as follows: 511:58 Judgment Nunc Pro Tunc. If judgment for the plain- 
tiff is rendered by direction of the court as of previous term, the clerk 
shall enter of record the day on which the order of court is dated, and 
property attached shall be holden until the expiration of sixty days from 
that date. 

100:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1961.] 
[Effective date June 19, 1961.] 



CHAPTER 101. 

AN ACT PROVIDING THAT THE STATE OF NEW HAMPSHIRE MAY ENTER INTO A 
COMPACT WITH ANY OF THE NEW ENGLAND STATES TO PROVIDE FOR THE 
CONTROL, DEVELOPMENT AND EXECUTION OF PROGRAMS OF COOP- 
ERATION FOR THE CONFINEMENT, TREATMENT AND REHABILI- 
TATION OF OFFENDERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

101:1 Interstate Compact. Amend RSA by inserting after chapter 
622 the following new chapter: 

Chapter 622-A 

New England Interstate Corrections Compact 
622-A: 1 Name. This chapter may be cited as the New England 
interstate corrections compact. 

622-A:2 Compact. The New England interstate corrections compact 
is hereby enacted into law and entered into by this state with any other 
of the hereinafter mentioned states legally joining therein in the form 
substantially as follows: 



106 Chapter 101 [1961 

New England Interstate Corrections Compact 

Article I 

Purpose and Policy 

The party states, desiring by common action to fully utilize and 
improve their institutional facilities and provide adequate programs for 
the confinement, treatment and rehabilitation of various types of of- 
fenders, declare that it is the policy of each of the party states to provide 
such facilities and programs on a basis of cooperation with one another, 
thereby serving the best interests of such offenders and of society and 
effecting economies in capital expenditures and operational costs. The 
purpose of this compact is to provide for the mutual development and 
execution of such programs of cooperation for the confinement, treatment 
and rehabilitation of offenders with the most economical use of human 
and material resources. 

Article II 
Definitions 

As used in this compact, unless the context clearly requires otherwise: 

(a) "State" means a state of the United States, located in New Eng- 
land, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecti- 
cut, Rhode Island. 

(b) "Sending state" means a state party to this compact in which 
conviction or court commitment was had. 

(c) "Receiving state" means a state party to this compact to which 
an inmate is sent for confinement other than a state in which conviction 
or court commitment was had. 

(d) "Inmate" means a male or female offender who is committed, 
under sentence to or confined in a penal or correctional institution. 

(e) "Institution" means any penal or correctional facility (includ- 
ing but not limited to a facility for the mentally ill or mentally defective) 
in which inmates as defined in (d) above may lawfully be confined. 

Article III 
Contracts 

(a) Each party state may make one or more contracts with any one 
or more of the other party states for the confinement of inmates on behalf 
of a sending state in institutions situated within receiving states. Any such 
contract shall provide for: 

1. Its duration. 

2. Payments to be made to the receiving state by the sending state 
for inmate maintenance, extraordinary medical and dental expenses, and 
any participation in or receipt by inmates of rehabilitative or correctional 
services, facilities, programs or treatment not reasonably included as part 
of normal maintenance. 

3. Participation in programs of inmate employment, if any; the dis- 
position or crediting of any payments received by inmates on account 



1961] Chapter 101 107 

thereof; and the crediting of proceeds from or disposal of any products 
resulting therefrom. 

4. Delivery and retaking of inmates, 

5. Such other matters as may be necessary and appropriate to fix the 
obligations, responsibilities and rights of the sending and receiving states. 

(b) Subject to legislative approval by the states concerned and prior 
to the construction or completion of construction of any institution or 
addition thereto by a party state, any other party state or states may con- 
tract therewith for the enlargement of the planned capacity of the institu- 
tion or addition thereto, or for the inclusion therein of particular 
equipment or structures, and for the reservation of a specific percentum 
of the capacity of the institution to be kept available for use by inmates 
of the sending state or states so contracting. Any sending state so contract- 
ing may, to the extent that monies are legally available therefor, pay to 
the receiving state, a reasonable sum as consideration for such enlargement 
of capacity, or provision of equipment or structures, and reservation of 
capacity. 

(c) The terms and provisions of this compact shall be a part of any 
contract entered into by the authority of or pursuant thereto, and nothing 
in any such contract shall be inconsistent therewith. 

Article IV 
Procedures and Rights 

(a) Whenever the duly constituted authorities in a state party to 
this compact, and which has entered into a contract pursuant to Article 
III, shall decide that confinement in, or transfer of an inmate to, an insti- 
tution within the territory of another party state is necessary or desirable 
in order to provide adequate quarters and care or an appropriate program 
of rehabilitation or treatment, said officials may direct that the confine- 
ment be within an institution within the territory of said other party 
state, the receiving state to act in that regard solely as agent for the send- 
ing state. 

(b) The appropriate officials of any state party to this compact shall 
have access, at all reasonable times, to any institution in which it has a 
contractual right to confine inmates for the purpose of inspecting the 
facilities thereof and visiting such of its inmates as may be confined in the 
institution. 

(c) Inmates confined in an institution pursuant to the terms of this 
compact shall at all times be subject to the jurisdiction of the sending 
state and may at any time be removed therefrom for transfer to a prison 
or other institution within the sending state, for transfer to another in- 
stitution in which the sending state may have a contractual or other right 
to confine inmates, for release on probation or parole, for discharge, or 
for any other purpose permitted by the laws of the sending state; pro- 
vided that the sending state shall continue to be obligated to such pay- 



108 Chapter 101 [1961 

ments as may be required pursuant to the terms of any contract entered 
into under the terms of Article III. 

(d) Each receiving state shall provide regular reports to each send- 
ing state on the inmates of that sending state in institutions pursuant to 
this compact including a conduct record of each inmate and certify said 
record to the official designated by the sending state, in order that each 
inmate may have official review of his or her record in determining and 
altering the disposition of said inmate in accordance with the law which 
may obtain in the sending state and in order that the same may be a source 
of information for the sending state. 

(e) All inmates who may be confined in an institution pursuant to 
the provisions of this compact shall be treated in a reasonable and humane 
manner and shall be treated equally with such similar inmates of the 
receiving state as may be confined in the same institution. The fact of 
confinement in a receiving state shall not deprive any inmate so confined 
of any legal rights which said inmate would have had if confined in an 
appropriate institution of the sending state. 

(f) Any hearing or hearings to which an inmate confined pursuant 
to this compact may be entitled by the laws of the sending state may be 
had before the appropriate authorities of the sending state, or of the re- 
ceiving state if authorized by the sending state. The receiving state shall 
provide adequate facilities for such hearings as may be conducted by the 
appropriate officials of a sending state. In the event such hearing or 
hearings are had before officials of the receiving state, the governing law 
shall be that of the sending state and a record of the hearing or hearings 
as prescribed by the sending state shall be made. Said record together 
with any recommendations of the hearing officials shall be transmitted 
forthwith to the official or officials before whom the hearing would have 
been had if it had taken place in the sending state. In any and all pro- 
ceedings had pursuant to the provisions of this subdivision, the officials 
of the receiving state shall act solely as agents of the sending state and no 
final determination shall be made in any matter except by the appropriate 
officials of the sending state. 

(g) Any inmate confined pursuant to this compact shall be released 
within the territory of the sending state unless the inmate, and the send- 
ing and receiving states, shall agree upon release in some other place. 
The sending state shall bear the cost of such return to its territory. 

(h) Any inmate confined pursuant to the terms of this compact 
shall have any and all rights to participate in and derive any benefits or 
incur or be relieved of any obligations or have such obligations modified 
or his status changed on account of any action or proceeding in which he 
could have participated if confined in any appropriate institution of the 
sending state located within such state. 

(i) The parent, guardian, trustee, or other person or persons en- 
titled under the laws of the sending state to act for, advise, or otherwise 



1961] Chapter 101 109 

function with respect to any inmate shall not be deprived of or restricted 
in his exercise of any power in respect of any inmate confined pursuant to 
the terms of this compact. 

Article V 
Acts Not Reviewable in Receiving State: Extradition 

(a) Any decision of the sending state in respect of any matter over 
which it retains jurisdiction pursuant to this compact shall be conclusive 
upon and not reviewable within the receiving state, but if at the time 
the sending state seeks to remove an inmate from an institution in the 
receiving state there is pending against the inmate within such state any 
criminal charge or if the inmate is formally accused of having committed 
within such state a criminal offense, the inmate shall not be returned 
without the consent of the receiving state until discharged from prosecu- 
tion or other form of proceeding, imprisonment or detention for such 
offense. The duly accredited officers of the sending state shall be permitted 
to transport inmates pursuant to this compact through any and all states 
party to this compact without interference. 

(b) An inmate who escapes from an institution in which he is con- 
fined pursuant to this compact shall be deemed a fugitive from the send- 
ing state and from the state in which the institution is situated. In the 
case of an escape to a jurisdiction other than the sending or receiving 
state, the responsibility for institution of extradition or rendition pro- 
ceedings shall be that of the sending state, but nothing contained herein 
shall be construed to prevent or affect the activities of officers and agencies 
of any jurisdiction directed toward the apprehension and return of an 
escapee. 

Article VI 
Federal Aid 

Any state party to this compact may accept federal aid for use in 
connection with any institution or program, the use of which is or may 
be affected by this compact or any contract pursuant hereto and any in- 
mate in the receiving state pursuant to this compact may participate in 
any such federally aided program or activity for which the sending and 
receiving states have made contractual provision provided that if such 
program or activity is not part of the customary correctional regimen the 
express consent of the appropriate official of the sending state shall be 
required therefor. 

Article VII 
Entry into Force 

This compact shall enter into force and become effective and bind- 
ing upon the states so acting when it has been enacted into law by any 
two states from among the states in New England. Thereafter, this com- 
pact shall enter into force and become effective and binding as to any 
other of said states upon similar action by such state. 



110 Chapter 101 [1961 

Article VIII 
Withdrawal and Termination 

This compact shall continue in force and remain binding upon a 
party state until it shall have enacted a statute repealing the same and 
providing for the sending of formal written notice of withdrawal from the 
compact to the appropriate officials of all other party states. An actual 
withdrawal shall not take effect until one year after the notices provided 
in said statute have been sent. Such withdrawal shall not relieve the with- 
drawing state from its obligations assumed hereunder prior to the effective 
date of withdrawal. Before the effective date of withdra^val, a withdraw- 
ing state shall remove to its territory, at its own expense, such inmates 
as it may have confined pursuant to the provisions of this compact. 

Article IX 
Other Arrangements Unaffected 

Nothing contained in this compact shall be construed to abrogate 
or impair any agreement or other arrangement which a party state may 
have Avith a non-party state for the confinement, rehabilitation or treat- 
ment of inmates nor to repeal any other laws of a party state authorizing 
the making of cooperative institutional arrangements. 

^ Article X 

Construction and Severability 

The provisions of this compact shall be liberally construed and shall 
be severable. If any phrase, clause, sentence or provision of this compact 
is declared to be contrary to the constitution of any particular state or of 
the United States or the applicability thereof to any government, agency, 
person or circumstance is held invalid, the validity of the remainder of 
the compact and the applicability thereof to any government, agency, 
person or circumstance shall not be affected thereby. If this compact shall 
be held contrary to the constitution of any state participating therein, 
the compact shall remain in full force and effect as to the remaining states 
and in full force and effect as to the state affected as to all severable 
matters. 

622-A:3 Authority of Warden. The warden of the state prison is 
hereby authorized and directed to do all things necessary or incidental 
to the carrying out of the compact in every particular. 

101:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 4, 1961.] 
[Effective date May 4, 1961.] 



1961] Chapter 102 111 

CHAPTER 102. 

AN ACT RELATIVE TO ACQUISITION OF LAND FOR PROPAGATION OF GAME. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

102:1 Land for Propagation of Game. Amend RSA 212:2 by insert- 
ing after the word "fish" in the fourth line the words, and game, so that 
said section as amended shall read as follows: 212:2 Acquisition by Con- 
demnation. Whenever, in the opinion of the governor and council, it 
becomes expedient for the state to own any lands, or water rights, that 
are needed by the state for the protection and propagation of fish and 
game, and when it is unable to purchase the same for a reasonable price, 
it may enter upon and take the same in the manner following. 

102:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



CHAPTER 103. 

AN ACT RELATIVE TO TOTAL POPULATION FIGURE AT LACONIA STATE SCHOOL. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

103:1 Limitations on Committals. Amend RSA 171:23 (supp) as 
inserted by 1957, 211:1 by striking out said section and inserting in place 
thereof the following: 171:23 Fixing Total Permissible. The trustees 
may from time to time fix a total population figure for the school which 
shall be based upon available facilities at the school as well as upon leg- 
islative appropriations approved for the school and each such total 
population figure shall be submitted to the governor and council for 
their consideration. Following approval of a total population figure for 
the school by the governor and council, the trustees and/or superintend- 
ent of the school shall not be required to accept committals which would 
cause the total population of the school to exceed such approved figure 
and this section shall prevail against any other provision of law pertain- 
ing to committals to the school. 

103:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



112 Chapter 104 [1961 

CHAPTER 104. 

AN ACT RELATING TO REVOCATION OF HUNTING AND FISHING LICENSES. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

104:1 Purchase of New License Prohibited. Amend RSA 214:21 by 
striking out said section and inserting in place thereof the following: 
214:21 Hunting, etc. After Revocation; Eligibility for License. No per- 
son shall hunt, fish or trap in this state after the suspension or revocation 
of his license until the same has been restored by the director. A person 
whose license has been revoked indefinitely or for any period of time 
under any provision of this chapter shall be ineligible to purchase a new 
license before the expiration of the stated period without the prior writ- 
ten approval of the director. No person shall be eligible to receive any 
license issued by the fish and game department if he is in arrears for any 
fines or costs for a violation of the laws relative to fish and game. 

104:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 196L] 
[Effective date July 3, 1961.] 



CHAPTER 105. 

AN ACT TO CHANGE THE PERSONNEL OF THE BOARD OF MANAGERS OF THE 
NEW HAMPSHIRE SOLDIERS' HOME. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

105:1 New Hampshire Soldiers' Home. Amend RSA 119:2 by strik- 
ing out said section and inserting in place thereof the following: 119:2 
Board of Managers. The government of the home is vested in the board 
of managers of the New Hampshire Soldiers' Home, consisting of the 
commanders of the following veterans' departments of New Hampshire 
ex officiis, United Spanish War Veterans, American Legion, Veterans of 
Foreign Wars, a member of the Disabled American Veterans, Veterans 
of World War I of the U. S. A., and six citizens of the state, five of whom, 
at least, served in the armed forces of the United States in any war in 
which the United States has been, is, or shall be engaged, and who are, 
or shall be, discharged or separated therefrom under conditions other 
than dishonorable, to be appointed by the governor with the advice and 
consent of the council, and provided further that at least one of said ap- 
pointees shall be a member of the said department of the United Spanish 
War Veterans, one of the said department of the American Legion, one 



1961] Chapter 106 113 

ot the said department of Veterans of Foreign Wars, one member of the 
Disabled American Veterans and one member of the Veterans of World 
War I of the U. S. A., Inc. Each appointed member shall hold office for 
a term of five years and until his successor is appointed and qualified; 
and in case of any vacancy, an appointment shall be made for the unex- 
pired term. 

105:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



CHAPTER 106. 

AN ACT RELATIVE TO TAX ASSESSMENTS IN UNINCORPORATED PLACES. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

106:1 Unincorporated Places. Amend RSA 81:1 (supp) as amended 
by 1955, 224:1 by striking out said section and inserting in place thereof 
the following: 81:1 Appraisal. The tax commission shall annually ap- 
praise all real and personal estate in each luiincorporated or unorganized 
place. 

106:2 Tax Commission. Amend RSA 81:2 (supp) as amended by 
1955, 224:1 by striking out said section and inserting in place thereof the 
following: 81:2 Annual Assessment. The tax commission shall annually 
as of April first assess the real and personal estate in each unincorporated 
or unorganized place to the o^vner or claimant thereof for all the taxes 
apportioned to such place for the time being and shall certify the same 
to the director of interest and dividends of the tax commission on or be- 
fore July first of each year. 

106:3 Payment to State Treasurer. Amend RSA 81:3 (supp) as 
amended by 1955, 224:1 by striking out said section and inserting in place 
thereof the following: 81:3 Collection. The director of interest and 
dividends shall collect the taxes as certified to him and shall have full 
power and authority to use any of the powers and remedies available to 
collectors of taxes under the provision of RSA 80. Upon collection of 
such taxes the said director shall pay over the same to the state treasurer 
certifying to him the amount of county taxes contained therein. 

106:4 Payment to County Treasurer. Amend RSA 81 (supp) as in- 
serted by 1955, 224:1 by inserting after section 3 the following new sec- 
tion: 81:3-a Distribution. The state treasurer upon order of the tax 
commission shall on or before December 7 of each year make payment 



114 Chapter 107 [1961 

to the county treasurer of the county concerned the county taxes which 
have been paid over to him by the director of interest and dividends to 
date. 

106:5 Repeal. RSA 73:6, relative to taxation of personal property 
in unorganized places, is hereby repealed. 

106:6 County Taxes. Amend RSA 29:11 by striking out said section 
and inserting in place thereof the following: 29:11 Tax Warrants and 
Extents. The treasurer shall issue his warrant to the selectmen of the 
several towns in the county liable to pay state taxes, requiring them to 
assess, collect, and pay to the treasurer, within such time as shall be there- 
in directed, their just proportion of all taxes granted by the county con- 
vention, according to their proportion of public taxes for the time being, 
and shall enforce the collection and payment thereof, together with in- 
terest at ten per cent a year from December seventh upon all taxes not 
then paid, in the same manner as the state treasurer may enforce the col- 
lection of state taxes, and the county tax assessed against any town shall 
not be deemed paid until the whole amount of the warrant together with 
said interest from December seventh to the date of payment has been 
received by said treasurer. 

106:7 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved May 4, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 107. 

AN ACT INCREASING THE SALARY OF THE GRAFTON COUNTY ATTORNEY. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

107:1 Grafton County Attorney. Amend RSA 7:35 (supp) as amend- 
ed by 1955, 247:2, 1957, 34:1, 211:1 and 1959, 6:1 by striking out the 
words "In Grafton, twenty-four hundred dollars" and inserting in place 
thereof the words, In Grafton, three thousand dollars, so that said section 
as amended shall read as follows: 7:35 Salaries. The annual salaries of 
the county attorneys in the several counties shall be as follows: 

In Rockingham, twenty-two hundred dollars. 

In Strafford, twenty-five hundred dollars. 

In Belknap, two thousand dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-eight hundred dollars. 

In Cheshire, three thousand dollars. 



1961] Chapter 108 115 

In Sullivan, two thousand dollars. 
In Grafton, three thousand dollars. 
In Coos, twenty-four hundred dollars. 

107:2 Takes Effect. This act shall take effect as of January 1, 1961. 
[Approved May 4, 1961.] 
[Effective date January 1, 1961.] 



CHAPTER 108. 

AN ACT RELATIVE TO ADMINISTRATION OF SMALL ESTATES. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

108:1 Small Estates. Amend RSA 553 by inserting after section 30 
the following new section: 553:31 Administration of Small Estates. If 

the estate of a deceased person consists entirely of personal property of a 
gross value not exceeding fifteen hundred dollars and after the expira- 
tion of thirty days from the date of his death, no petition under any other 
section of this chapter 553 has been filed, his surviving spouse, parent, 
lineal descendant, brother or sister, if of legal age and legal capacity and 
an inhabitant of this state, may file with the probate court in the county 
in which the deceased was domiciled at the time of his death an affidavit 
stating that the affiant has undertaken to act as voluntary administrator 
of such an estate and will administer the same according to law. Such 
voluntary administrator shall, at the time of filing such affidavit also file 
a report of gifts and transfers under RSA 86:22 with the register of pro- 
bate and with the division of inheritance taxes, state tax commission. 
The form of this affidavit and the rules governing proceedings under this 
section shall be prescribed in the manner provided by RSA 547:33. 

Upon payment of a fee of three dollars the register of probate shall, 
if no other petition for administration of such estate is pending, issue 
an attested copy of the affidavit which shall constitute sufficient legal 
authority to all persons owing any money, having custody of any property 
or acting as register or transfer agent of any evidence of interest, indebt- 
edness, property or right belonging to the estate and to persons purchas- 
ing or otherwise dealing with the estate, to make payment or transfer 
to the affiant with the same effect as if made to a duly appointed personal 
representative of the deceased person. 

Out of the assets which the voluntary administrator collects, he shall 
pay debts and expenses in accordance with RSA 554:19. If any balance 
remains, he shall distribute it to the surviving spouse, if any, and if not, 
in accordance with RSA 561:6. The voluntary administrator may not 
take any fee for his services. A voluntary administrator is liable as an 
executor in his own wrong as provided in RSA 553:17 to all persons 



116 Chapter 109 [1961 

aggrieved by his administration, and if letters testamentary or of adminis- 
tration are later granted, then to the rightful executor or administrator. 
If a personal representative of the deceased person is appointed under 
any other section of this chapter 553, the powers of the voluntary admin- 
istrator shall cease, 

108:2 Takes Effect. This act shall take effect sixty days after its 
passage, 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



CHAPTER 109. 

AN ACT RELATIVE TO LIABILITY FOR VIOLATION OF LAW OF THE ROAD. 

Be it Enacted by the Senate and House of Representatives in Gerieral 
Court Convened: 

109:1 Law of the Road. Amend RSA 250:4 by striking out the word 
"ten" and inserting in place thereof the word, fifty, and by striking the 
words "but no such action for such damages shall be sustained unless 
begun within one year" so that said section as amended shall read as fol- 
lows: 250:4 Penalty. If any person shall violate any of the provisions 
of the three preceding sections he shall be fined not more than fifty dol- 
lars and in addition thereto shall be liable for the damages occasioned 
thereby. 

109:2 Takes Effect. This act shall take effect sixty days after its 
passage, 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



CHAPTER 110. 

AN ACT RELATIVE TO SUPERSTRUCTURES OVER HIGHWAYS IN CITIES AND TOWNS. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

110:1 Encroachments on Highways. Amend RSA 249:19 by insert- 
ing at the end thereof the following: Superstructures from one building 
to another, extending over a highway, not less than sixteen feet above 
the surface of the highway, approved by the governing body of a munici- 
pality charged with the duty of inspection or supervision of buildings, 
shall not be considered obstructions within the meaning of this section, so 
that said section as amended shall read as follows: 249:19 Purprestures; 
Barbed Wire. If any building, structure or fence is erected or continued 



1961] Chapter 111 117 

upon or over any highway, or if any fence, any part of which within six 
feet from the ground is barbed wire, is erected, maintained or continued 
adjoining or adjacent to any street or highway within the compact part 
of any town or within the limits of any village district or city, it shall be 
deemed a public nuisance. Cornices or other projections upon buildings, 
extending a reasonable distance into a highway, twelve feet or more above 
the surface of the highway, shall not be considered obstructions within 
the meaning of this section. Superstructures from one building to an- 
other, extending over a highway, not less than sixteen feet above the 
surface of the highway, approved by the governing body of a municipality 
charged with the duty of inspection or supervision of buildings, shall not 
be considered obstructions within the meaning of this section. 

110:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 4, 1961.] 
[Effective date July 3, 1961.] 



CHAPTER 111. 



AN ACT RELATIVE TO NOTICE OF CUTTING AND REPORT OF CUT UNDER THE 
SO-CALLED TIMBER TAX LAW. 

Be it Enacted by the Senate and House of Representatives in General 
Court Convened: 

111:1 Requirements. Amend RSA 79:10 (supp) as inserted by 1955, 
287:1 and amended by 1959, 277:2, by striking out the word "duplicate" 
in the third and eighth lines and inserting in place thereof the word, 
triplicate, and further amend said section by adding after the word 
"officials" in the eleventh line thereof the following: and a copy of each 
notice to the forestry division of the forestry and recreation commission, 
so that said section as amended shall read as follows: 79:10 Notice of 
Cutting. The state, a county, a municipality, or public agency or any 
o^vner who intends to cut growing wood and timber shall file a notice 
of intent to cut, in triplicate, prior to such cutting with the state tax com- 
mission upon a form prescribed and provided by said commission, setting 
forth his name, residence, an estimate of the amount and species of wood 
to be cut, and such other information as may be required. He may at 
his option furnish the stumpage price paid. A supplemental notice of 
intent to cut, in triplicate, shall be filed on or before October first for 
all operations not completed or terminated and which will continue after 
September 30 in any year. A copy of each notice shall be forwarded by 
the tax commission to the proper assessing officials, and a copy of each 
notice to the forestry division of the forestry and recreation commission. 
The tax commission shall assign a number to each operation for which 
it receives a notice of intent to cut and shall notify the owner and the 



118 Chapter 111 [1961 

assessing officials thereof. It shall furnish without cost to the owner a 
certificate sho^ving that the notice of intent to cut has been filed. Such 
certificate shall be posted by the owner in a conspicuous place within 
the area of the cutting. Failure to file a notice of intent to cut shall consti- 
tute a misdemeanor punishable by a fine not exceeding fifty dollars. 

111:2 Further Requirements. Amend RSA 79:11 (supp) as inserted 
by 1955, 287:1 and amended by 1959, 277:3 by striking out the word 
"duplicate" in the second line and inserting in place thereof the word, 
triplicate, and further amend said section by adding after the word 
"chapter" in the eighteenth line the following new sentence: The tax 
commission shall also forward a copy of the report of cut to the forestry 
division of the forestry and recreation commission, so that said section 
as amended shall read as follows: 79:11 Report. The state, a county, a 
municipality, public agency or any owner shall make under the pen- 
alties of perjury and file in triplicate a report of the wood or timber 
severed with the state tax commission on or before October 15 covering 
all wood or timber severed up to October first next preceding. If deemed 
necessary by the assessing officials a report shall be filed immediately upon 
the completion or termination of the cutting referred to in the notice 
of intent to cut. Such reports shall be made on a form prescribed and 
provided by said commission which shall contain the name and residence 
of the person making the report, and volume of wood and timber cut by 
species or species groups and such other information as the tax commis- 
sion may deem necessary to enable the assessing officials to locate, identify, 
verify and determine the full amount and true stumpage value of all 
'^v^ood and timber cut. A report of wood and timber severed covering 
operations still in progress through September 30 shall be filed not later 
than October 15 for all wood and timber cut up to October 1 next pre- 
ceding. Upon receipt of a report of cut the tax commission shall forward 
a copy to the proper assessing officials, who shall assess a tax in accordance 
with the provisions of this chapter. The tax commission shall also for- 
ward a copy of the report of cut to the forestry division of the forestry 
and recreation commission. Whoever shall fail to file a report of cut, as 
provided in this section shall be guilty of a misdemeanor punishable by 
a fine not exceeding one hundred dollars. 

111:3 Tabulation. Amend RSA 225:10 by striking out said section 
and inserting in place thereof the following new section: 225:10 Tabula- 
tion of Statistics. The forestry division of the forestry and recreation 
commission shall tabulate the cut of forest products from information 
derived from the reports of cut received from the tax commission under 
the provisions of RSA 79:11 as amended and may publish such statistics 
as it may determine. 



1961] Chapter 112 119 

111:4 Takes Effect. Sections 1 and 2 hereot shall take effect October 
1, 1961 and section 3 hereof shall take effect January 1, 1962. 
[Approved May 4, 1961.] 
[Effective date: 

Sections 1 and 2 — October 1, 1961 

Section 3, January 1, 1962.] 



CHAPTER 112. 

AN ACT RELATING TO FEES FOR COPIES OF CERTIFICATES AND MINOR 
TECHNICAL CORRECTIONS IN THE UNIFORM COMMERCIAL CODE. 

Be it Enacted by the Seriate and House of Representatives in General 
Court Convened: 

112:1 Commercial Code. RSA 382: A, the Uniform Commercial 
Code, as enacted by the session of 1959, is hereby amended as follows: 

I. Amend paragraph (b) of section 2-615, Article 2, Part 6, by strik- 
ing out the word "clauses" in the first line and inserting in place thereof 
the word, causes, so that said paragraph as amended shall read as follows: 
(b) Where the causes mentioned in paragraph (a) affect only a part of 
the seller's capacity to perform, he must allocate production and deliveries 
among his customers but may at his option include regular customers 
not then under contract as well as his own requirements for further 
manufacture. He may so allocate in any manner which is fair and reason- 
able. 

II. Amend paragraph (3) of section 3-102 of Article 3, Part 1, by 
striking out the definition "Documentary Draft. Section 4-104." in the 
ninth line. 

III. Amend paragraph (1) of section 5-107, Article 5, by striking 
out the word "other" in the first line and inserting in place thereof the 
word, otherwise, so that said paragraph as amended shall read as follows: 
(1) Unless otherwise specified an advising bank by advising a credit issued 
by another bank does not assume any obligation to honor drafts drawn 
or demands for payment made under the credit but it does assume obli- 
gation for the accuracy of its own statement. 

IV. Amend paragraph (4) of section 6-103, Article 6, by striking 
out the word "offer" in the second line and inserting in place thereof the 
word, officer, so that said paragraph as amended shall read as follows: (4) 
Sales by executors, administrators, receivers, trustees in bankruptcy, or 
any public officer under judicial process; 

V. Amend paragraph (1) of section 6-104, Article 6, by striking out 
the reference "6-108" in the second line and inserting in place thereof the 
reference, 6-107, so that said paragraph as amended shall read as follows: 



120 Chapter 112 [1961 

(1) Except as provided with respect to auction sales (Section 6-107), a 
bulk transfer subject to this Article is ineflfective against any creditor of 
the transferor unless: 

\'I. Amend section 6-105, Article 6, by striking out the reference 
"6-108" in the third line and inserting in place thereof the reference, 
6-107; further amend said section by striking out the reference "6-107" in 
the seventh line and inserting in place thereof the reference, 6-106, so 
that said section as amended shall read as follows: Section 6-105. Notice 
to Creditors. In addition to the requirements of the preceding section, 
any bulk transfer subject to this Article except one made by auction sale 
(Section 6-107) is ineffective against any creditor of the transferor unless 
at least ten days before he takes possession of the goods or pays for them, 
whichever happens first, the transferee gives notice of the transfer in the 
manner and to the persons hereafter provided (Section 6-106). 

VII. Amend paragraphs (1) and (2) of section 8-301, Article 8, Part 
3, by striking out the same and inserting in place thereof the following: 

(1) Upon delivery of a security the purchaser acquires the rights 
in the security which his transferor had or had actual authority to convey 
except that a purchaser who has himself been a party to any fraud or 
illegality affecting the security or who as a prior holder had notice of an 
adverse claim cannot improve his position by taking from a later bona 
fide purchaser. 

(2) A bona fide purchaser in addition to acquiring the rights of a 
purchaser also acquires the security free of any adverse claim. "Adverse 
claim" includes a claim that a transfer was or would be wrongful or that 
a particular adverse person is the owner of or has an interest in the 
security. 

VIII. Amend paragraph (1) of section 9-307, Article 9, Part 3, by 
striking out the word "interested" in the fifth line and inserting in place 
thereof the word, interest, so that said paragraph as amended shall read 
as follows: (1) A buyer in ordinary course of business (subsection (9) of 
Section 1-201) other than a person buying farm products from a person 
engaged in farming operations takes free of a security interest created 
by his seller even though the security interest is perfected and even 
though the buyer knows of its existence. 

IX. Amend paragraph (1) of section 9-402, Chapter 9, Part 4, by 
inserting after the word "concerned" in the tenth line the words, and 
the name of the known record owner thereof, so that said paragiaph as 
amended shall read as follows: (1) A financing statement is sufficient if it is 
signed by the debtor and the secured party, gives an address of the secured 
party from which information concerning the security interest may be ob- 
tained, sfives a mailings address of the debtor and contains a statement 
indicating the types, or describing the items, of collateral. A financing 
statement may be filed before a security agreement is made or a security 



1961] Chapter 112 121 

interest otherwise attaches. When the financing statement covers crops 
growing or to be grown or goods which are or are to become fixtures, the 
statement must also contain a description of the real estate concerned and 
the name of the known record owner thereof. A copy of the security agree- 
ment is sufficient as a financing statement if it contains the above informa- 
tion and is signed by both parties. 

X. Amend paragraph (3) of section 9-402, Chapter 9, Part 4, by 
striking out the same and inserting in place thereof the following: (3) A 
form substantially as follows is sufficient to comply with subsection (1): 

For Filing Office Use 

File No 

Maturity Date (if any) Date and Hour of Filing 



(Last Name First) 

Name of Debtor (or Assignor) Address 

Name (s) of Other Debtor (s) (or 

Assignor) (if any) Address 

Name of Secured Party (or Assignee) Address 

Name (s) of Other Secured Party or Parties 

(of Assignees) (if any) Address 

1. This financing statement covers the following types (or items) of prop- 
erty: Describe 

CHECK (X) THE ITEMS WHICH APPLY 

2. ( ) (If collateral is crops) The above described crops are growing or 
are to be grown on: (General description of real estate and name of record 
owner) 

3. ( ) (If collateral is goods which are or are to become fixtures) The 
above described goods are affixed or are to be affixed to: (General descrip- 
tion of real estate and name of record owner) 

4. ( ) Proceeds of collateral are also covered. 

5. ( ) Products of collateral are also covered. 

Signature (s) of Debtor (s) (Assignor (s)) Signature (s) of Secured 
Party or Parties (Assignee (s)) 



XL Amend paragraph (2) of section 9-403, Chapter 9, Part 4, by 
inserting before the word "financing" in the tenth line the word, filed, so 



122 Chapter 112 [1961 

said paragraph as amended shall read as follows: (2) A filed financing 
statement Avhich states a maturity date of the obligation secured of five 
years or less is effective until such maturity date and thereafter for a 
period of sixty days. Any other filed financing statement is effective for 
a period of five years from the date of filing. The effectiveness of a filed 
financing statement lapses on the expiration of such sixty day period after 
a stated maturity date or on the expiration of such five year period, as the 
case may be, unless a continuation statement is filed prior to the lapse. 
Upon such lapse the security interest becomes unperfected. A filed 
financing statement which states that the obligation secured is payable 
on demand is effective for five years from the date of filing. 

XII. Amend paragraph (5) of section 9-403, Chapter 9, Part 4, by 
inserting after the word "statement" in the second line the ^vords, or any 
amendment thereof, so that said paragraph as amended shall read as 
follows: (5) The fee for filing, indexing and furnishing filing data for an 
original or a continuation statement, or any amendment thereof, shall be 
two dollars. 

XIII. Amend paragraph (2) of section 9-407, Article 9 Part 4, by 
striking out said paragraph and inserting in place thereof the following: 
(2) Upon request of any person, the filing officer may issue his certificate 
showing whether there is on file on the date and hour stated therein, any 
presently effective financing statement naming a particular debtor and 
any statement of assignment thereof and if there is, giving the date and 
hour of filing of each such statement and the names and addresses of each 
secured party therein. The fee for such a certificate shall be two dollars. 
Upon request the filing officer shall furnish a copy of any filed financing 
statement, continuation statement, termination statement, statement of 
assignment or statement of release for a fee of one dollar and, if such 
statement consists of more than one page, an additional fee of one dollar 
for the second and each succeeding page. 

XIV. Amend section 4 of RSA 382-A, the Uniform Commercial 
Code as enacted by the session of 1959, by striking out the same and in- 
serting in place thereof the following: 382-A:4 Transactions Before 
Effective Date of This Act. (a) Transactions validly entered into before 
the effective date of this act and the rights, duties and interests flowing 
from them remain valid thereafter and may be terminated, completed, 
consummated or enforced as required or permitted by any statute or 
other law amended or repealed by this act as though such repeal or 
amendment had not occurred. 

(b) A chattel mortgage which is filed before July 1, 1961, as pro- 
vided in RSA 360 or a conditional sale which is filed before July 1, 1961, 
as provided under RSA 361 need not be refiled under the provisions of 
the Article on Secured Transactions (Article 9) of this act. 



1961] Chapter 113 123 

(c) A statement of trust receipt financing which is filed before July 
I, 1961, as provided in RSA 445 need not be refiled under the provisions 
of the Article on Secured Transactions (Article 9) of this act with respect 
to any trust receipt transaction, as defined in RSA 445, under which the 
entruster has acquired a security interest before July 1, 1961. 

(d) A notice of a factor's lien on merchandise or accounts receivable 
which is filed before July 1, 1961, as provided in RSA 446, need not be 
refiled under the provisions of the Article on Secured Transactions 
(Article 9) of this act with respect to any lien which such factor may be 
entitled to claim before July 1, 1961, under RSA 446. 

(e) The assignment of an account which is subject to RSA 333 and 
which is made before July 1, 1961, shall continue to be valid as provided 
in RSA 333, without compliance with the filing provisions of the Article 
on Secured Transactions (Article 9) of this act. 

(f) Any assignment of an account, contract right, chattel paper, or 
general intangible, (not subject to RSA 333), which is valid at common 
law and which is made before July 1, 1961, shall continue to be valid 
to the same extent as before, without compliance with the filing provi- 
sions of the Article on Secured Transactions (Article 9) of this act. 

(g) The Article on Secured Transactions (Article 9) of this act gov- 
erns the validity and perfection of any transaction occurring on and after 
July 1, 1961, which would previously have been included in any of the 
classes of transactions described in paragraphs (b) to (f) inclusive, of this 
section. 

(h) A financing statement which contains the information required 
by section 9-402 of the Article on Secured Transactions (Article 9) of 
this act may be filed on or after July 1, 1961, in the place specified for 
filing in section 9-401 of the same Article, with respect to transactions 
taking place before July 1, 1961. If a security interest arising from any 
such transaction was perfected under the law applicable thereto, filing 
under this act continues the perfected status of the interest. If any such 
interest was not perfected under applicable law, filing under this act 
perfects the interest from the time of filing. 

112:2 Takes Effect. This act shall take effect July 1, 1961. 
[Approved May 4, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 113. 

AN ACT RELATIVE TO TAXATION OF CORPORATION PROPERTY. 

Be it Enacted by the Senate and House of Representatives in General 

Court Convened: 

113:1 Taxation. Amend RSA 73:3 by striking out said section and 
inserting in place thereof the following: 73:3 Corporation Property. 



124 Chapter 114 [1961 

Taxable property belonging to a corporation and property taxable to a 
corporation shall be taxed to the corporation by its corporate name in 
the town where the corporation maintains its principal place of business, 
except as otherwise provided. 

113:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 6, 1961, 4:30 P.M.] 
[Effective date May 6, 1961.] 



CHAPTER 114. 

AN ACT RELATIVE TO PETITIONS FOR INQUIRY UNDER THE SEXUAL 
PSYCHOPATH ACT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

114:1 Sexual Psychopaths. Amend RSA 173 by inserting after sec- 
tion 4 thereof the following new section: 173:4-a Attorney General. 
When the county attorney is absent or unable to act for any cause the 
attorney general, the deputy attorney general, or any assistant attorney 
general may exercise the duties of the comity attorney under this chapter. 

114:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1961.] 
[Effective date July 10, 1961.] 



CHAPTER 115. 

AN ACT RELATIVE TO TAXATION OF ANNUITY PREMIUMS, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

115:1 Annuity Premiums. Amend RSA 402:61 by striking out said 
section and inserting in place thereof the following: 402:61 Tax; Life 
Companies. Every life insurance company shall pay to the state treasurer, 
within one month after receiving notice from the insurance commis- 
sioner of the amount thereof, a tax of two per cent upon the gross direct 
premiums received by it from residents of the state during the preceding 
year, less dividends actually returned or credited to policyholders upon 
business in this state during the year for which the tax is determined; 
provided, however, that with respect to considerations received for an- 
nuity contracts, the rate of tax shall be one and one-half per cent on such 
amounts received during the calendar year 1962, one per cent on such 
amounts received during the calendar year 1963, one-half of one per cent 



1961] Chapter 116 125 

on such amounts received during the calendar year 1964, and zero on 
such amounts received during the calendar year 1965 and thereafter. 

115:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 16, 1961.] 
[Effective date July 15, 1961.] 



CHAPTER 116. 

AN ACT AUTHORIZING THE ESTABLISHMENT OF AN INTERSTATE SCHOOL 
DISTRICT BY HANOVER, NEW HAMPSHIRE, AND NORWICH, VERMONT. 

Be it Enacted by the Senate and House of Representatives in General 
Court cojwened: 

116:1 Definitions. The following terms, wherever used or referred 
to in this chapter, shall have the following respective meanings, unless 
otherwise qualified or unless a different meaning clearly appears from the 
context: 

a. "District" shall mean the Hanover-Norwich Interstate School 
District, the establishment of which is authorized by this chapter. 

b. "Hanover" shall refer to the Hanover School District. 

c. "Norwich" shall mean the Norwich Town School District. 

d. "Directors" shall mean the board of directors of the district, act- 
ing by majority vote. 

e. "Board" shall mean the board of directors of the district. 

Establishment 
116:2 Establishment Authorized and Purposes. The establishment 
of the district as a body corporate and politic is authorized for the purpose 
of providing a unified school system on an educationally and economi- 
cally sound basis for the adjoining communities of Hanover, New Hamp- 
shire, and Norwich, Vermont. 

116:3 Requirements by New Hampshire, Vermont, and the United 
States Congress. The corporate existence of the district shall begin at 
such time as: 

a. The New Hampshire secretary of state shall receive and have 
recorded in his records a certificate from the Vermont secretary of state 
approved by the Vermont attorney general stating in substance that the 
laws of Vermont authorize the district and that all requirements of such 
laws for the establishment thereof have been met by the state of Vermont 
or its agencies or political subdivisions; and 



126 Chapter 116 [1961 

b. The \'^ermont secretary of state shall have received from the New 
Hampshire secretary of state a certificate approved by the New Hamp- 
shire attorney general stating in substance that the laws of New Hamp- 
shire authorize the district and that all requirements of such laws for 
the establishment thereof have been met by the state of New Hampshire 
or its agencies or political subdivisions; and 

c. This chapter and the legislation of the state of Vermont authoriz- 
ing the district shall have been approved by the United States Congress. 

116:4 New Hampshire Requirements. The requirements on the 
part of the state of New Hampshire and its agencies or political sub- 
divisions for the establishment of the district shall be the following: 

a. The warrant for the 1962 annual meeting of the Hanover school 
district shall include an article substantially as follows: 

"To see if the Hanover School District will vote to adopt the provi- 
sions of 'an act authorizing the establishment of an Interstate School 
District by Hanover, New Hampshire and Norwich, Vermont.' " 

A vote under such article shall be taken by ballot; and a two-thirds ma- 
jority of those present and voting shall be sufficient for the adoption of 
this chapter by Hanover. 

b. If Hanover votes to adopt this chapter, the Hanover clerk shall 
forward a certified copy of the warrant and minutes of the meeting to 
the New Hampshire secretary of state. The New Hampshire secretary 
of state shall prepare and submit to the New Hampshire attorney gen- 
eral for approval a certificate stating in substance that the existing la^vs 
of New Hampshire authorize the district, and that all requirements on 
the part of the state of New Hampshire and its agencies and political sub- 
divisions for the establishment of the district have been met. If approved 
by the attorney general, the New Hampshire secretary of state shall forth- 
with transmit a copy of such certificate with such approval indorsed there- 
on to the Vermont secretary of state. 

c. If the Hanover school district fails to adopt the provisions of this 
chapter at the 1962 annual meeting, the Hanover school board may in- 
clude a similar article in its warrant for any subsequent annual meetings 
in any year ending not later than December 31, 1964, with like effect. 
Unless the three requirements in section 3 hereof, on the part of the 
state of Vermont, the state of New Hampshire, and the United States 
Congress are all taken on or before December 31, 1964, this chapter shall 
then become ineffective. 

116:5 Vermont Requirements. The requirements on the part of 
the state of Vermont and its agencies or political subdivisions for the 
establishment of the district shall be as provided by Vermont law. 



1961] Chapter 116 127 

116:6 Evidence of Corporate Existence. Any third person shall be 
entitled to rely on a certificate of the secretary of state of either New 
Hampshire or Vermont as to the corporate existence of the district. 

116:7 Agreement Between Hanover and Norwich. Either before or 
after the corporate existence of the district begins, Hanover and Norwich 
shall enter into one or more agreements (not inconsistent with the pro- 
visions of this chapter) which shall: 

a. Express the rights and duties and procedures of Hanover and 
Norwich and the district in relation to each other, to the extent that such 
rights and duties and procedure are not expressed in this chapter and/or 
by Vermont law. 

b. Determine the grades of school to be included in the district 
school system. 

c. Place a valuation on the existing plant to be taken over and deter- 
mine Hanover's and Norwich's fair share of such valuation and the terms 
on which it is to be paid as hereinafter provided. 

d. Determine the ratio for the apportionment of expenses during 
the first two fiscal years. 

e. Establish the official name of the district. In addition, the agree- 
ments may include the transaction of any other business (except the elec- 
tion of officers) which might be transacted at the organization meeting. 
Stich ao^reements shall be executed on behalf of Hanover in written form 
signed by a majority of the Hanover School Board and approved or rati- 
fied by a two-thirds majority of those present and voting by voice or ballot 
at an annual or special meeting of the Hanover school district. Such 
agreements shall be executed on behalf of Norwich by such officer or 
officers of Norwich or of Vermont as may thereunto be dtily authorized. 

Powers 
1 16:8 Powers. The district shall have the following powers: 

a. To acquire, construct, extend, improve, staff, operate, manage 
and govern public schools in Hanover and Norwich. 

b. To sue and be sued, subject to the limitations of liability herein- 
after set forth. 

c. To have a seal and alter the same at pleasure. 

d. To adopt, maintain and amend bylaws. 

e. To acquire, hold and dispose of personal property for its pur- 
poses. 

f. To acquire by purchase, condemnation, lease or otherwise any 
real property, and rights or easements therein deemed by it necessary or 
desirable for its purposes and to use and dispose of such property. 



128 Chapter 116 [1961 

g. To make contracts with and accept grants and aid from the 
United States, the state of New Hampshire, the state of Vermont, any 
agency or municipality thereof and private corporations and individuals 
for the construction, maintenance, reconstruction, operation and financ- 
ing of its schools; and to do any and all things necessary in order to avail 
itself of such aid and cooperation. 

h. To employ such assistants, agents and servants as it shall deem 
necessary or desirable for its purposes. 

District Meetings 
116:9 Legislative Body. The legislative body of the district shall 
consist of all of the eligible legal voters of Hanover and Norwich as- 
sembled in a duly warned meeting. Such meetings may be held in either 
Hanover or Norwich. 

116:10 Eligibility of Hanover Voters. Any Hanover resident who 
would be eligible to vote in a meeting of the Hanover School District 
being held at the same time, shall be eligible to vote at a meeting of the 
district. The supervisors of the checklist of the Hanover school district 
shall prepare a checklist of eligible Hanover voters for each meeting of 
the district in the same manner and they shall have all the same powers 
and duties with respect to the eligibility of such Hanover voters as for a 
meeting of the Hanover school district. 

116:11 Eligibility of Norwich Voters. The eligibility of a Norwich 
resident to vote shall be determined by the duly constituted officers of 
the to^vn or town school district of Norwich, Vermont, in the same man- 
ner as though a Norwich town school district meeting were being held 
at the same time. 

116:12 Warning of Meetings. A meeting shall be warned by a war- 
rant addressed to the residents of the Interstate school district qualified 
to vote in district affairs, stating the time and place of the meeting and 
the subject matter of the business to be acted upon. The Avarrant shall be 
signed by the clerk and by a majority of the directors. Upon the written 
application of ten or more voters in the district, presented to the directors 
or one of them at least twenty-five days before the day prescribed for an 
annual meetings the directors shall insert in their warrant for such meet- 
ing any subject matter specified in such application. 

116:13 Posting and Publication in Hanover. The directors shall 
cause an attested copy of the warrant to be posted at the place of meeting 
and a like copy at one other public place in the town of Hanover, fourteen 
days before the date of the meeting. The directors when calling a special 
meeting shall, within one week after posting the ^varrant therefor, cause 
a copy of said warrant to be published once in a newspaper of general 
circulation in the town of Hanover. 



1961] Chapter 116 129 

116:14 Posting and Publication in Vermont. The directors shall 
cause an attested copy of the warrant to be published and/or posted in 
Norwich at such times and in such places as the laws of Vermont may 
require. 

116:15 Return of Warrant. The warrant with a certificate thereon, 
verified by oath, stating the time and place when and where copies of it 
were posted, shall be given to the clerk of the interstate school district 
at or before the time of the meeting, and shall be recorded by him in the 
records of the interstate school district. 

116:16 Organization Meeting. Within sixty days after corporate 
existence begins, an organization meeting of the district shall be held. 
Such meeting shall be warned by a majority of the members of the Han- 
over school board and a majority of the Norwich school directors. It may 
be called to order by any Hanover or Norwich voter. At the organization 
meeting the following business shall be transacted: 

a. A temporary moderator and a temporary clerk shall be elected 
from among the qualified voters who shall serve until a moderator and 
clerk respectively have been elected and qualified. 

b. A moderator, a clerk, a treasurer, and three auditors shall be 
elected to serve until the next annual meeting and until their successors 
are elected and qualified. 

c. The date for the annual meeting shall be established. 

d. The total membership of the board of directors of the district 
shall be established and the representation of Hanover and Norwich on 
such board shall be determined. 

e. Provision shall be made for the payment of any organizational 
or other expense incurred on behalf of the district before the organiza- 
tional meeting including the cost of architects, surveyors, contractors, 
attorneys and educational or other consultants or experts. 

f. Any other business, the subject matter of which has been included 
in the warrant and, which the voters would have had power to transact at 
an annual meeting. 

116:17 Annual Meetings. An annual meeting of the district shall 
be held between February fifteenth and June first of each year at such 
time as the district may by vote determine. Once determined, the date 
of the annual meeting shall remain fixed until changed by vote of the 
district at a subsequent annual or special meeting. At each annual meet- 
ing the following business shall be transacted: 

a. A moderator, a clerk, a treasurer and one auditor shall be elected. 

b. Money shall be appropriated for the support of the district 
schools for the fiscal year beginning the following July 1st and such ap- 
propriation shall be apportioned between Norwich and Hanover. 



130 Chapter 116 [1961 

c. Such other business as may properly come before the meeting. 

116:18 Special Meetings. A special meeting of the district shall be 
held Avhenever, in the opinion of the directors, there is occasion therefor 
or whenever ten or more voters shall have made written application to 
the directors therefor, setting forth the subject matter upon which such 
action is desired. No special meeting shall appropriate money and obli- 
gate Hanover to raise any share thereof without compliance with RSA 
197:3, in which case any petition to the New Hampshire superior court 
may be signed by a majority of the directors. 

Officers 

116:19 Officers: General. The officers of the district shall be a board 
of school directors, a chairman of the board, a vice chairman of the board, 
a secretary of the board, a moderator, a clerk, a treasurer and three audi- 
tors. Except as otherwise specifically provided, they shall be eligible to 
take office immediately following their election; they shall serve for a 
period of one year; and they shall serve imtil their successors are elected 
and qualified. Each shall take oath for the faithful performance of his 
duties before the moderator or a notary public or justice of the peace in 
the state in which the oath is administered. Except as otherwise provided, 
their compensation shall be fixed by vote of the district. No person shall 
be eligible to any district office (except that of superintendent) unless he 
is a voter in the district. No member of the board of directors shall at the 
same time act as treasurer or auditor of the district or be employed as a 
teacher or principal. 

116:20 Board of Directors. How Chosen. Each member of the 
school board of the Hanover school district shall be ex officio a director 
of the district. When voting in district affairs, each Hanover director 
shall be entitled to cast votes and/or fractions thereof equal to the repre- 
sentation to which Hanover is entitled, divided by the actual number 
of members of such Hanover school board. The Norwich members shall 
be elected in such manner as may be provided by the laws of Vermont. 
When voting in district affairs, each Norwich director shall be entitled 
to cast votes and/or fractions thereof equal to the representation to which 
Norwich is entitled, divided by the actual number of Norwich directors. 

116:21 Term. The terms of the Hanover directors shall be concur- 
rent with their terms as members of the Hanover school board. The terms 
of the Norwich directors shall be as provided by the laws of Vermont. 

116:22 Duties of Board of Directors. The board of directors shall 
have and exercise all of the powers of the district not reserved herein to 
the voters of the district. 

116:23 Proportional Representation on Board. Hanover and Nor- 
wich shall each be entitled to three places on the board. The larger shall 



1961] Chapter 116 131 

be entitled to such additional representation as to make the representa- 
tion of each (rounded to the nearest whole number) substantially pro- 
portionate to the average daily membership for the preceding school year 
of pupils from each, 

116:24 Chairman of the Board. The chairman of the board shall be 
elected by the board from among its members at its first meeting follow- 
ing the annual meeting. The chairman shall preside at the meetings of 
the board and shall perform such other duties as the board may assign 
to him. 

116:25 Vice Chainnan of the Board of Directors. The vice chairman 
of the board shall be elected in the same manner as the chairman. He 
shall represent a town other than that represented by the chairman. He 
shall preside in the absence of the chairman and shall perform such other 
duties as may be assigned to him by the board. 

116:26 Secretary of the Board. The secretary of the board shall be 
elected in the same manner as the chairman. The secretary of the board 
shall keep the minutes of its meetings and perform such other duties as 
may be assigned to him by the board. 

116:27 Moderator. The moderator shall preside at the district meet- 
ings, regulate the business thereof, decide questions of order and make a 
public declaration of every vote passed. He may prescribe rules of pro- 
cedure; but such rules may be altered by the district. He may administer 
oaths to district officers in either state. 

116:28 Clerk. The clerk shall keep a true record of all proceedings 
of each meeting, shall make an attested copy of any record of the district 
for any person upon request and tender of reasonable fees therefor, and 
shall perform such other duties as may be required by law or custom. 

116:29 Treasurer. The treasurer shall have custody of all of the 
monies belonging to the district and shall pay out the same only upon 
the order of the board. He shall keep a fair and accurate account of all 
sums received into and paid from the district treasury and at the close 
of each fiscal year he shall make a report to the district giving a particular 
account of all receipts and payments during the year. He shall furnish 
to the directors statements from his books and submit his books and 
vouchers to them and to the district auditors for examination whenever 
so requested. He shall make the returns called for by RSA 71:25. Before 
entering on his duties, the treasurer shall give a bond with sufficient 
sureties and in such sum as the directors may require. 

116:30 Auditors. At the organization meeting of the district, three 
auditors shall be chosen, one to serve for a term of one year, one to serve 
for a term of two years and one to serve for a term of three years. After 
the expiration of each original term, the successor shall be chosen for 
a three year term. At least one auditor shall be a resident of Hanover and 



132 Chapter 116 [1961 

one auditor shall be a resident of Norwich. Instead of electing auditors, 
the district may vote to employ a certified public accountant to perform 
the duties of the auditors. The auditors shall carefully examine the ac- 
counts of the treasurer and the directors at the close of each fiscal year, 
and at other times whenever necessary, and report to the district whether 
the same are correctly cast and properly vouched. 

116:31 Superintendent. The superintendent of schools shall be 
elected by a majority vote of the board of directors of the district. No 
person shall be elected superintendent of schools unless he has been ap- 
proved for that office by the commissioner of education in New Hamp- 
shire and the commissioner of education in Vermont. The term of office, 
certification requirements, provisions for employment, membership in 
a state retirement system and his duties and responsibilities relative to a 
supervisory union in New Hampshire and Vermont shall be determined 
by the commissioners of education of New Hampshire and Vermont. 

116:32 Vacancies. Any vacancy among the directors shall be filled 
in accordance with the laws of New Hampshire or Vermont, as the case 
may be. Any vacancy among the auditors shall be filled by the directors 
until the next annual meeting. All other vacancies shall be filled by the 
directors for the unexpired term. 

Appropriation and Apportionment of Funds 

116:33 Budget. Before each annual meeting, the directors shall 
prepare a report of expenditures for the preceding fiscal year, an estimate 
of expenditures for the current fiscal year and a budget for the succeed- 
ing fiscal year. Such report shall be printed and distributed in Hanover 
in the same manner as the report of the Hanover school board; and it 
shall be presented to the finance committee or budget committee or other 
similar committees from time to time existing in Hanover in the same 
manner as the Hanover budget. Such report shall be printed, distributed 
and presented in Norwich in such manner as may be required by custom 
or by Vermont law. 

116:34 Appropriation. The board of directors shall likewise present 
such report at the annual meeting. The district shall appropriate a sum 
of money for the support of its schools and for the discharge of its obliga- 
tions for the ensuing fiscal year. 

116:35 Apportionment of Appropriation. Such appropriation shall 
be divided between Hanover and Norwich in the proportion that the 
average daily membership of each in the district's schools for the preced- 
ing fiscal year bears to the total average daily membership for such year. 

116:36 Hanover's Share. The directors shall certify Hanover's share 
of the total appropriation to the Hanover school board which shall add 
such sum to the amount appropriated by the Hanover school district for 
the ensuing year and raise such sum in the same manner as though the 



1961] Chapter 116 133 

appropriation had been voted at a Hanover school district meeting. Any 
borrowing in anticipation of taxes shall not be undertaken by the dis- 
trict but shall be undertaken by the town of Hanover in accordance with 
RSA 33:7 with respect to Hanover's share in the same manner as though 
the appropriation had been made directly by Hanover. The district shall 
not set up its own capital reserve funds, but Hanover may set up a capital 
reserve fund in accordance with RSA chapter 35 to be turned over to the 
district in payment of Hanover's share of any anticipated obligations. 

116:37 Norwich's Share. The directors shall certify Norwich's share 
of the total appropriation to Norwich. It shall thereupon become the 
obligation of Norwich to raise and pay to the district its share of the total 
appropriation. 

Borrowing 
116:38 Purposes and Vote Required. The district shall have the 
power to appropriate money and to cause the same to be raised by bor- 
rowing by a vote of two-thirds of the voters present and voting at a duly 
warned meeting of the district, for one or more of the following purposes: 

a. The acquisition or improvement of land. 

b. The construction, reconstruction, alteration, enlargement or pur- 
chase of school buildings. 

c. The acquisition of equipment of a lasting character. 

d. The payment of judgments. 

116:39 Apportionment of Borrowing. The sum to be raised by 
borrowing shall be apportioned between Hanover and Norwich in the 
proportion that the average daily membership of each in the schools of 
the district for the fiscal year last preceding the date of the vote bears to 
the total average daily membership of the schools of the district for such 
year. Hanover shall raise its share of the appropriation and Norwich shall 
raise its share of the appropriation in the manner hereinafter provided. 

116:40 Hanover's Share of Borrowing. Such a vote of the district 
shall have the same effect as though a duly warned meeting of the Han- 
over school district had voted to appropriate and borrow a sum equal to 
Hanover's share. In order to raise Hanover's share, the Hanover school 
board shall issue the bonds or notes of the Hanover school district, which 
shall be the general obligation of the Hanover school district and pay- 
ment of which shall be unconditionally guaranteed by the Hanover school 
district. The Hanover school board shall determine the maturities, rate 
of interest, manner of sale and other details (which may include provi- 
sions for redemption with or without premium). Except as otherwise 
specifically provided herein the provisions of RSA chapter 33 relating 
to municipal bonds and RSA chapter 196 relating to school district bonds 
shall apply to Hanover. The Hanover school board shall turn over the 
net proceeds from the sale of the bonds or notes after payment of the 



134 Chapter 116 [1961 

expenses incurred in connection therewith to the district in return for 
the district's covenant to reimburse Hanover for all sums paid out upon 
principal and interest and charges in connection with such bonds or 
notes as and when they fall due. Hanover's share of the borrowing shall 
be considered an indebtedness of the Hanover school district for the 
purpose of its debt limit. 

116:41 Norwich's Share of Borrowing. Such a vote of the district 
shall have the same effect as though a duly warned meeting of the Nor- 
wich town district had voted with the requisite formalities to appropriate 
and borro^v a sum equal to Norwich's share. The Norwich town school 
district acting through its duly authorized officers shall issue the bonds or 
notes of Norwich in order to raise Norwich's share. The manner of issu- 
ance of the bonds or notes, the maturities, rate of interest, manner of sale 
and other details in connection therewith shall be determined in accord- 
ance with the provisions of Vermont law. The Norwich school board shall 
turn over the net proceeds from the sale of the bonds or notes after pay- 
ment of the expenses incurred in connection therewith to the district in 
return for the district's covenant to reimburse Norwich for all sums paid 
out upon principal and interest and charges in connection with such 
bonds or notes as and when they fall due. 

116:42 Reimbursement of Hanover and Norwich for Principal and 
Interest Payment. The district shall reimburse Hanover and Nor^vich 
for all amounts which they pay out as principal and interest on account 
of such bonds or notes. The district shall raise the money necessary for 
such reimbursement by appropriation and by apportionment of the same 
between Hanover and Norwich in the same manner as for current operat- 
ing expenses. 

Taking Over Property 

116:43 Taking Over Existing Plant. It is contemplated that the 
first step in the unification of Hanover-Norwich school system shall be 
limited to four or six grades of high school. In such case, the district shall 
take over such part of the existing Hanover high school plant (including 
real and personal property) as may be required to carry out its activities. 
A valuation for such property and Norwich's fair share of such valuation 
shall be determined by agreement as above provided. Hanover shall con- 
vey such property to the district in return for Norwich's obligation to 
pay to Hanover a sum equal to its fair share of the valuation in not more 
than twenty annual installments, upon such others terms as may be agreed 
upon. 

116:44 Taking Over Additional Property. Additional property may 
be taken over either from Hanover or Norwich and the number of grades 
in the system may be changed by further agreement substantially in the 
manner above provided. 



1961] Chapter 116 135 

116:45 Effect on Hanover's Debt Limit. Any obligation of Nor- 
wich under section 43 to reimburse Hanover shall reduce, and any obliga- 
tion of Hanover to reimburse Norwich shall increase the total indebted- 
ness of the Hanover school district for the purpose of its statutory debt 
limit. 

Miscellaneous Provisions 
116:46 Studies. In addition to the studies required by the laws of 
the state in which a district school is located, the board of directors shall 
see that any studies required by the other state are offered. 

116:47 Textbooks. Textbooks and scholars' supplies shall be pro- 
vided at the expense of the district for pupils attending its schools. 

116:48 Transportation, The district shall not be required to trans- 
port any of its pupils. Hanover and Norwich shall each provide such 
transportation as may be required by the laws of its state or as voted by it, 

116:49 Location of School Houses. In any case where a new school 
house or other school facility is to be constructed or acquired, the board 
of directors shall first determine whether it shall be located in Hanover 
or Norwich. If it is to be located in Hanover, RSA chapter 199 relating 
to schoolhouses shall apply. 

116:50 Fiscal Year, The fiscal year of the district shall begin on 
July first of each year and end on June thirtieth of the following year. 

116:51 Applicability of New Hampshire Laws. With respect to any 
school of the district located in Hanover, the following provisions of New 
Hampshire law shall apply to the district, except that the powers and 
duties of a school board shall be exercised and discharged by the board 
of directors and the powers and duties of the union superintendent shall 
be exercised and discharged by the district superintendent: 

RSA 189:1 Weeks of School 

2 Reduction of Time 

3 Other Modifications 

4 Decisions of the State Board 

10 Studies 

11 Of Constitutions 

13 Dismissal of Teacher 

14 Liability of District 

14-a Failure to be Renominated or Reelected 
14-b Review by State Board 

15 Regulations 

16 Textbooks; Supplies 

17 Flag; Penalty 

18 Patriotic Exercises 

19 English Required 

20 Foreign Languages 



136 Chapter 116 [1961 

24 Standard School 

25 Elementary School 

26 Books Excluded 

27 Register; Examinations 

28 Reports 

29 Penalty for Failure to Report 

3 1 Removal of Teacher 

32 Appeal 

33 Conferences; Reports 

39 Teachers; How Chosen 

40 School Sessions 

41 Institutes 

42 Registers 

RSA 191:1-5 Teachers Loyalty 

RSA 192:1-21 Teachers' Retirement System 

RSA 194:14 Nonresident Pupils 

15 School Year 

16 Military Drill 

17 Instruction in Use of Firearms 
RSA 199:1-26 Schoolhouses 

RSA 200: 1-25 Health and Sanitation 

RSA 281:7 Workmen's Compensation — Election by municipalities 
RSA 412:3 Liability insurance — Procured by Governmental 
Agency 

116:52 New Hampshire State Aid. The Hanover school district shall 
be entitled to receive such amount of state aid for capital expenditures, 
operating expenditures and otherwise, as though its share of the district's 
expenses were Hanover's expenses and as though Hanover pupils attend- 
ing the district's schools were attending Hanover's schools. 

116:53 Continued Existence of Hanover School District. The Han- 
over school district and the Hanover school board shall continue in ex- 
istence and shall have all the powers and be subject to all of the obligations 
imposed by law and not herein delegated to the district. It shall remain 
liable on its existing indebtedness; and the district shall not become liable 
therefor. Any trust funds or funds in capital reserve and any property not 
taken over shall be retained by the Hanover school district and held or 
disposed of according to law. 

116:54 Immunity from Tort Liability. Notwithstanding the fact 
that the district may derive income from operating profit, fees, rentals 
and other services, it shall be immune from suit and from liability for 
injury to persons or property and for other torts caused by it or its agents, 
servants or independent contractors, except insofar as it may have under- 
taken such liability under RSA 281:7 relating to the workmen's com- 
pensation or RSA 412:3 relating to the procurement of liability insurance 
by a governmental agency and except insofar as it may have undertaken 



1961] Chapter 116 137 

such liability by any substantially similar laws of Vermont relating to 
workmen's compensation and liability insurance. 

116:55 Suit and Service of Process in New Hampshire. The courts 
of New Hampshire shall have the same jurisdiction over the district and 
the venue in case of suit in New Hampshire shall be the same as though 
the Hanover school district were a party instead of the district. The serv- 
ice necessary to institute suit in New Hampshire shall be made on the 
district by leaving a copy of the writ or other proceedings in hand or at 
the last and usual place of abode of two of the directors and by mailing a 
like copy to the clerk by certified mail with return receipt requested. 

116:56 Suit and Service of Process in Vermont. The courts of Ver- 
mont shall have jurisdiction over the district and the venue and method 
of service in case of suit in Vermont shall be determined as provided in 
the laws of Vermont. 

116:57 Administrative Agreement Between Commissioners of Edu- 
cation. The commissioners of education of New Hampshire and Vermont 
may enter into an administrative agreement prescribing the relationship 
between the district and each of the two state departments of education, 
in which agreement any conflicts between the two states in procedure, 
regulations and administrative practice shall be resolved. 

116:58 Amendments. Neither state shall amend its enabling legis- 
lation or any agreement authorized thereby without the consent of the 
other in such manner as to substantially adversely affect the rights of 
the other state or its people, or as to substantially impair the rights of the 
holders of any bonds or notes or other evidences of indebtedness then 
outstanding or the rights of the district to procure the means for payment 
thereof, provided that nothing in this section shall prevent amendments 
enlarging the district by the admission of a new member community and 
the reapportionment accordingly of capital costs of the district repre- 
sented by bonds or notes or other evidences of indebtedness of the inter- 
state district then outstanding and of interest thereon. Subject to the 
foregoing, any reference herein to other statutes of either state shall refer 
to such statute as it may be amended or revised from time to time. 

116:59 Separability. If any of the provisions of this act shall be held 
invalid or unconstitutional in relation to any of the applications thereof, 
such invalidity or unconstitutionality shall not affect other applications 
thereof or other provisions thereof; and to this end the provisions of this 
act are declared to be severable. 

116:60 Takes Effect. This act shall take effect upon its passage. 
[Approved May 16, 1961.] 
[Effective date May 16, 1961.] 



138 Chapter 117 [1961 

CHAPTER 117. 

AN ACT RELATIVE TO APPEALS FOR PERMANENT STATE EMPLOYEES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

117:1 State Employees. Amend RSA 98:15 by inserting before the 
^\ord "employee" in the first line the word, permanent, so that said sec- 
tion as amended shall read as follows: 98:15 Appeal. Any permanent 
employee ^vho is dismissed or demoted or who is suspended for more than 
thirty days in any one year, may, within fifteen days after such dismissal, 
demotion, or suspension, appeal to the commission for review thereof. 
Upon such review, both the appealing employee and the appointing 
authority whose action is reviewed shall have the right to be heard pub- 
licly. At the hearing of such appeals, the commission may establish such 
reasonable rules of procedure and for the admission of evidence as it 
deems advisable. If the commission finds that the action complained of 
Avas taken by the appointing authority for any political, religious or racial 
reason, the employee shall be reinstated to his former position or a posi- 
tion of like seniority, status and pay, without loss of pay for the period 
of his suspension. In all cases, the commission may reinstate an employee 
or otherwise change or modify any order of the appointing authority, 
or make such other order as it may deem just. Any action or decision 
taken or made hereunder shall be subject to rehearing and appeal as pro- 
vided in chapter 541 of the Revised Statutes Annotated. 

117:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 16, 1961.] 
[Effective date July 15, 1961.] 



CHAPTER 118. 

AN ACT RELATIVE TO COOPERATIVE ARRANGEMENTS BETWEEN TOWNS FOR 
PUBLIC RECREATIONAL FACILITIES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

118:1 Public Recreational Facilities. Amend RSA 31 by inserting 
after section 50 the following new section: 31:50-a Cooperative Arrange- 
ments Between Towns. Two or more towns may severally vote to estab- 
lish cooperative arrangements between those towns for carrying out the 
purposes of this subdivision and may contract with each other regarding 
apportionment of the cost thereof. The management and control of the 



1961] Chapter 119 139 

facilities and programs shall be vested in the authorized recreation agen- 
cies of the participating towns. 

118:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 16, 1961.] 
[Effective date July 15, 1961.] 



CHAPTER 119. 

AN ACT NAMING AN INTERSTATE HIGHWAY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

119:1 Alan B. Shepard, Jr. Highway Named. That portion of the 
proposed Interstate Highway 93 beginning at the Massachusetts-New 
Hampshire state line in Salem and extending north to its connection 
^vith the F. E. Everett Turnpike in Hooksett shall be kno^vn as the Alan 
B. Shepard, Jr. Highway. 

119:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 17, 1961.] 
[Effective date May 17, 1961.] 



CHAPTER 120. 

AN ACT RELATIVE TO FINANCING INDUSTRIAL WASTE TREATMENT FACILITIES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

120:1 Definition. Amend the definition of net indebtedness in RSA 
33:1 (supp) as amended by 1955, 329:3 and 1957, 142:3 by inserting after 
the word "sewage" in the seventh line the words, or waste, so that said 
definition as amended shall read as follows: "Net Indebtedness," all out- 
standing and authorized indebtedness, heretofore or hereafter incurred 
by a municipality, exclusive of unmatured tax anticipation notes issued 
according to law, debts incurred for supplying the inhabitants with water 
or for the construction, enlargement, improvement or maintenance of 
water works, debts incurred to finance the cost of sewerage systems or 
enlargements or improvements thereof, or sewage or waste disposal ^vorks 
^dien the cost thereof is to be financed by server rents or sewer assessment, 
debt incurred pursuant to RSA 31:10, debts incurred outside the statutory 
debt limit of the municipality under any general law or special act here- 



140 Chapter 120 [1961 

tofore or hereafter enacted (unless otherwise provided in such legislation), 
and sinking funds and cash applicable solely to the payment of the prin- 
cipal of debts incurred within the debt limit. 

120:2 Municipal Sewerage Systems. Amend RSA 33:5-b (supp) as 
inserted by 1957, 213:1 by inserting after the word "facilities" in the 
fourth line the words, or waste treatment plants, so that said section as 
amended shall read as follows: 33:5-b Voluntary Projects. Any city, 
tOAvn, village district or other political subdivision may vote to incur 
debt for the purpose of installing a sewage disposal plant including treat- 
ment -works or sewerage facilities or waste treatment plants or the im- 
provement, replacement or extension thereof, although at the time of 
such vote it has not received an order from the water pollution commis- 
sion or from the state board of health directing such installation under 
RSA 147, RSA 148:23 or RSA 149. Any such debt shall at no time be 
included in the net indebtedness of said city, town, village district or 
other political subdivision for the purpose of ascertaining its borrowing 
capacity provided the approval of the governor and council hereinafter 
provided for is obtained. 

120:3 Village Districts. Amend RSA 52:1 (supp) as amended by 
1957, 179:1 by inserting after the word "sewers" in the eighth line the 
words, the construction, operation and maintenance of sewage and waste 
treatment plants, so that said section as amended shall read as folloAvs: 
52:1 Establishment. Upon petition of ten or more legal voters, inhabit- 
ants of any village situate in one or more towns, the selectmen of such 
town or towns shall fix, by suitable boundaries, a district including such 
parts of the town or towns as may seem to them convenient, for any or 
all of the following purposes: The extinguishment of fires, the lighting 
or sprinkling of streets, the planting and care for shade and ornamental 
trees, the supply of water for domestic and fire purposes, the construc- 
tion and maintenance of sidewalks and main drains or common servers, 
the construction, operation and maintenance of sewage and waste treat- 
ment plants, the construction, maintenance, and care of parks or com- 
mons, the maintenance of activities for recreational promotion, the 
construction or purchase and maintenance of a municipal lighting plant, 
the control of pollen, insects and pests, and the appointing and employing 
of watchmen and police officers. They shall cause a record of the petition 
and their doings thereon to be recorded in the records of the towns in 
which the district is situate. 

120:4 Construction by Cities. Amend RSA 252:4 by inserting after 
the word "sewers" in the second line the words, sewage and/or ^vaste 
treatment works, and by striking out the words "and health" in the third 
line and inserting in place thereof the words, health or welfare, so that 
said section as amended shall read as follows: 252:4 Construction. The 
mayor and aldermen of any city may construct and maintain all main 
drains or common sewers, sewage and/or waste treatment -^vorks As^hich 



1961] Chapter 120 141 

they adjudge necessary for the public convenience, health or welfare. 
Such drains and sewers shall be substantially constructed of brick, stone, 
cement or other material adapted to the purpose, and shall be the prop- 
erty of the city. 

120:5 Cities; Contracts. Amend RSA 252:6 by striking out said 
section and inserting in place thereof the following: 252:6 Contracts; 
Sewage or Waste Treatment Facilities. The mayor and aldermen of any 
city may lease, enter into contracts to provide, sell or purchase sewage 
or waste treatment facilities to or from any other city, town, village dis- 
trict or person whenever they judge the same necessary for the public 
convenience, health and welfare. 

120:6 Cities; Assessments. Amend RSA 252:9 by striking out the 
words "or common sewers" in the second line and inserting in place there- 
of the words, common sewers or treatment facilities, so that said section as 
amended shall read as follows: 252:9 Levying. The mayor and aldermen 
may assess upon the persons whose drains enter such main drains, common 
sewers or treatment facilities, or whose lands receive special benefit there- 
from in any way, their just share of the expense of constructing and main- 
taining the same. 

120:7 Newly Constructed Systems. Amend RSA 252:10 by inserting 
after the word "constructed" in the fourth line the words, sewage or waste, 
so that said section as amended shall read as follows: 252:10 Sewer 
Rentals. For the defraying of the cost of construction, payment of the 
interest on any debt incurred, management, maintenance, operation, and 
repair of newly constructed sewer systems, including newly constructed 
sewage or waste treatment and disposal works, the mayor and aldermen 
may establish a scale of rents to be called sewer rents, and to prescribe 
the manner in which and the time at which such rents are to be paid and 
to change such scale from time to time as may be deemed advisable. Such 
rents may be based upon either the metered consumption of water on 
premises connected with the sewer system, making due allowances for 
commercial use of water, the number and kind of plumbing fixtures con- 
nected with the sewer system or the number of persons served by said 
server system, or upon any other equitable basis. 

120:8 Municipal Contribution Permitted. Amend RSA 252:18 by 
striking: out the words "or common sewers" in the fourth line and insert- 
ing in place thereof the words, common sewers or sewage and waste treat- 
ment facilities, so that said section as amended shall read as follows: 
252:18 Assessment Not Required. Nothing herein contained shall be 
construed to prevent any city from providing, by ordinance or otherwise, 
that the whole or a part of the expense of constructing, maintaining and 



142 Chapter 121 [1961 

repairing main drains, common sewers or sewage and waste treatment 
facilities shall be paid by such city. 

120:9 Takes Effect. This act shall take effect sixty days after its 

passage. 

[Approved May 18, 1961.] 

[Effective date July 17, 1961.] 



CHAPTER 121. 

AN ACT RELATIVE TO THE TRANSPORTATION OF DEER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

121:1 Transportation of Deer. Amend RSA 208:14 by striking out 
the words "preceding section" in line two of said section and inserting in 
place thereof the words, the two preceding sections, so that said section as 
amended shall read as follows: 208:14 Special Permit. Any transporta- 
tion of deer not covered in the two preceding sections shall be allowed 
only under the terms of a special permit, signed by the director, except 
that a child under sixteen years of age, hunting without a license but 
accompanied by a licensee twenty-one years of age or over, may transport 
a deer killed by him, by identifying it with a tag bearing his name, resi- 
dence, and the date shot, until such time as he is able to secure a special 
permit from the director. 

121:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 122. 

AN ACT RELATIVE TO DATA PROCESSING SYSTEMS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

122:1 Purchase of Equipment. Amend RSA 411 by inserting after 
section 16 the following new section: 411:16-a Data Processing Systems. 
Any such company may purchase and hold electronic computers and 
electronic and mechanical machines and equipment constituting a data 
processing and accounting system, provided that the cost thereof shall be 
amortized in not more than ten years, and provided further that the un- 



1961] Chapter 123 143 

amortized cost thereof shall not at any time exceed one per cent of the 
company's admitted assets without the approval of the insurance com- 
missioner. 

122:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 123. 

AN ACT PROHIBITING HUNTING AND THE USE OF FIREARMS IN THE TOWN OF 

NEW CASTLE. 

Whereas, the town of New Castle is a small compact island, and is 
having a large increase in population, and 

Whereas, the use of firearms in the town is a particular menace, due 
to the particular circumstances and location of the town, now therefore 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

123:1 Town of New Castle. No person shall within the limits of 
said town fire or discharge any pistol or rifle loaded with live ammuni- 
tion, with the following exceptions: 

(1) For the protection of persons or property. 

(2) For the purpose of target practice, entirely within a building 
where adequate safety precautions have been taken. 

No shotgun loaded with live ammunition shall be fired or discharged in 
the town of New Castle, with the following exceptions: 

(1) For hunting purposes along the water edges of the town, where 
the gun is discharged over the water. 

(2) By a property owner on his own land in such a manner that the 
shot falls either on his own land or in the water surrounding the 
town. 

(3) By others on private land where the user of the gun has obtained 
and has on his person the written permission of the owner of said 
land, and under the same conditions as noted in the above para- 
graph. 

123:2 Limitation. The provisions of this act shall not apply to police 
or other enforcement officials when engaged in official duties nor to the 
use of firearms on any federal property situated within the limits of said 
town. 



144 Chapter 124 [1961 

123:3 Penalty. Whoever violates any of the provisions of this act 
shall be fined fifty dollars, for the use of the town. 

123:4 Takes Effect. This act shall take effect upon its passage. 
[Approved May 18, 1961.] 
[Effective date May 18, 1961.] 



CHAPTER 124. 

AN ACT RELATIVE TO THE SALARY OF THE JUSTICE AND SPECIAL JUSTICE OF 
THE DOVER MUNICIPAL COURT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

124:1 Dover Municipal Court. Amend paragraph I of RSA 502:7 
(supp) as amended by 1955, 133:1, 182:1, 279:1, 296:1, 1957, 66:1, 83:1, 
108:1, 125:1, 175:1, 209:1, 227:1, 234:1, 243:1, 1959, 7:1, 40:1 and 212:1 
and 1961, 15:1 by striking out the words "In Dover, two thousand five 
hundred dollars" and inserting in place thereof the words. In Dover, three 
thousand five hundred dollars, so that said paragTaph as amended shall 
read as follows: I. Salaries of justices of municipal courts shall be paid 
from the treasury of the city or town in which such courts are located, 
may be paid quarterly or monthly, and shall be in the following sums per 
annum: 

In Manchester, five thousand one hundred dollars; 

In Nashua, four thousand dollars; 

In Concord, four thousand dollars; 

In Portsmouth, three thousand five hundred dollars; 

In Dover, three thousand five hundred dollars; 

In Laconia, three thousand dollars; 

In Keene, three thousand dollars; 

In Claremont, two thousand three hundred dollars; 

In Berlin, twenty-two hundred dollars; 

In Rochester, one thousand eight hundred dollars; 

In Lebanon, one thousand five hundred dollars; 

In Newport, one thousand one hundred and fifty dollars; 

In Derry, twelve hundred dollars; 

In Franklin, one thousand two hundred dollars; 

In Exeter, twelve hundred dollars; 

In Somersworth, twelve hundred dollars; 

In Littleton, eight hundred dollars; 

In Hampton, one thousand dollars; 

In Milford, six hundred dollars; 

In Haverhill, eight hundred dollars; 

In Salem, one thousand dollars. 



1961] Chapter 125 145 

124:2 Increase in Salary. Amend RSA 502:8 (supp) as amended by 
1955, 253:1; 1957, 125:2; 175:2; 204:1; and 209:2 and 1961, 16:1 by strik- 
ing out the words "of Dover two hundred dollars" and inserting in place 
thereof the words, of Dover six hundred dollars, so that said section as 
amended shall read as follows: 502:8 Compensation of Special Justices. 
The special justice and justice of the peace requested to sit owing to the 
disqualifications of the justice and special justice shall be paid, from the 
treasury of the city or town wherein said court is located, ten dollars a 
day for each day or part thereof that he shall serve in said capacity, pro- 
vided that the annual salaries of the special justices of the municipal 
courts of the following cities and town shall be as follows, of Manchester 
two thousand dollars, of Nashua two thousand five hundred dollars, of 
Dover six hundred dollars, of Concord one thousand two hundred dol- 
lars, of Portsmouth four hundred dollars, of Laconia five hundred dollars, 
of Somersworth two hundred dollars and of Hampton three hundred and 
fifty dollars, to be paid by said cities and to^vn, respectively, quarterly, 
and shall be in lieu of any other compensation or fees to such justices; 
provided, further, that the special justice of the municipal court of Berlin 
shall be paid from the treasury of the city six hundred dollars per annum. 

124:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 125. 

AN ACT RELATIVE TO RANCH BRED MINK. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

125:1 Fish and Game. Amend RSA 207 by adding after section 1 
thereof the following new section: 207: 1-a Ranch Bred Mink. The pro- 
visions of this title shall not apply to ranch bred mink. 

125:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



146 Chapter 126 [1961 

CHAPTER 126. 

AN ACT PROVIDING FOR A CLOSED SEASON ON BLACK BEAR. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

126:1 Open Season Established. Amend RSA 208 by adding at the 
end thereof the following new section: 208:22 Wild Black Bear. Wild 
black bear, outside of game preserves, may be taken and possessed from 
one-half hour before sunrise to one-half hour after sunset in all counties of 
the state from October 1 to December 10 provided that no bear shall be 
taken at any time on any island or in any waters or lakes or ponds. Wild 
black bear may be taken by the aid and use of dogs during the months 
of May, September and October with written permission of the director 
or his agents. Wild black bear may be taken by the aid and use of dogs, 
firearms and by bow and arrow provided that no person shall take bear 
by the aid or use of a jack or artificial light, trap, snare, swivel, pivot or 
set gun or calibre .22 rimfire firearm unless otherwise herein provided. 
Any person who kills a wild bear as provided by this section shall report 
as outlined in RSA 470: 1-a. Landowners, or their agents, shall be per- 
mitted to set traps for bear doing actual or substantial damage to prop- 
erty. Such trapping shall only be permitted after the director or his agents 
has been notified of damage and have investigated said complaint. The 
director or his agents may then issue a special permit for the use of traps. 
Said permit shall state the location of traps and the dates when trapping 
shall be alloAved. Any traps set as hereinbefore described shall be arranged 
and set in accordance with RSA 210:15. The carcass of a bear legally taken 
and reported may be bought and sold. Live bear may not be offered for 
sale at any time unless by a person permitted so to do by the director. 
Any person who violates any provision of this section shall be fined not 
more than five hundred dollars or imprisoned not more than thirty days, 
or both. 

126:2 Self-hunting Dogs, Amend RSA 466:33 (supp) as amended by 
1957, 154:1 by striking out in line five thereof the words "bear or" so 
that said section as amended shall read as follows: 466:33 Dog at Large. 
It shall be unlawful for the owner or custodian of any self-hunting dog to 
permit such a dog to run at large in territory inhabited by game birds or 
quadrupeds, or on lands where sheep are pastured, between April first 
and September first of any year, provided that bobcat may be hunted 
between April first and June first with dogs under owner's control and 
supervision. Provided that any organized club may hold an American 
Kennel Club licensed or sanctioned field trial on game which is other- 
wise protected. Said club shall secure permission from the owner of the 
land on which said trial is to be held, and shall notify the director of the 
fish and game department, at least two weeks in advance, of the date 



1961] Chapter 127 147 

and place of the trial. Whoever violates the provisions of this section shall 
be fined not more than twenty dollars. 

126:3 Takes Effect. This act shall take effect October 1, 1961. 
[Approved May 18, 1961.] 
[Effective date October 1, 1961.] 



CHAPTER 127. 

AN ACT PROVIDING PENALTIES FOR ILLEGAL OPERATION OF BOATS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

127:1 Boats. Amend RSA 570:28 (supp) as amended by 1959, 143:1 
by inserting after the word "boat" in the tenth line the words, or outboard 
motor, so that said section as amended shall read as follows: 570:28 
Operation of Boats While Under the Influence of Liquor or Drugs — 
Recklessly or Negligently. It shall be unlawful for any person to operate 
a power boat or outboard motor: 

I. While under the influence of intoxicating liquor or any narcotic 
or habit-producing drug; or 

II. To operate such a boat or motor recklessly or so that the lives 
or safety of others may be endangered; or 

III. To operate in a grossly careless or grossly negligent manner, 
which operation does not constitute reckless operation. Any person con- 
victed of a violation of this section shall not operate any such boat or 
outboard motor upon the waters of this state for a period of one year, 
and shall be fined not more than one hundred dollars, or imprisoned not 
more than six months or both. 

127:2 Suspension. Amend RSA 570 by inserting after section 28, 
as amended, the following new section: 570:28-a Period of Suspension. 
The period of suspension of the right to operate prescribed in RSA 
570:28 shall be computed from the date of initial conviction, whether 
or not such conviction is appealed, and shall continue for one year or 
until the conviction in the lower court has been reversed. Any person 
who shall operate a boat or outboard motor upon the public waters of 
this state during the period when his right to operate is suspended shall 
be fined not more than one hundred dollars, or imprisoned not more than 
six months, or both. 

127:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



148 Chapter 128 [1961 

CHAPTER 128. 

AN ACT RELATIVE TO PURCHASE OF MILK FOR RESALE OR MANUFACTURE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

128:1 Purchase of Milk. Amend RSA 185:4 (supp) as amended by 
1959, 122:1 by striking out the word "April" wherever it appears in this 
section and inserting the word, August, in the place thereof, and insert- 
ing after the word "purchases" in the fifth line the words, from producers, 
so that said section as amended shall read as follows: 185:4 — Issuance; 
Renewal. Upon the filing of the statement required by section 2 hereof, 
poAver of attorney, if any is required, the depositing of bond, mortgage 
or other security and the payment of a license fee of ten dollars the com- 
missioner of agriculture shall license such applicant to make such pur- 
chases from producers within the state until the first day of the next 
August if the applicant shall be found by the commissioner to have 
sufficient real estate within the state or shall have filed sufficient other 
security, for the protection of those from whom such applicant purchases 
the aforesaid products. Annually thereafter on August first such license 
may upon application be renewed upon payment of a like fee and filing 
of such bond, mortgage or other security as the commissioner deems 
necessary. 

128:2 Filing Requirements. Amend RSA 185:5 by adding at the 
end the words: Bonds or such other security must be filed "with the com- 
missioner of agriculture thirty days prior to rene^val date of license, so 
that said section as amended shall read as follows: 185:5 Security. Any 
applicant not having sufficient real estate shall be permitted to furnish 
security by a bond signed by such applicant and some surety company 
authorized to do business in the state or such other security as the com- 
missioner of agriculture may approve, in such sum and upon such condi- 
tions as the commissioner may require. Bonds or such other security must 
be filed with the commissioner of agriculture thirty days prior to renewal 
date of license. 

128:3 Violations. Amend RSA 185:15 by inserting after the word 
"cream" in the second line the words, from producers, so that said section 
as amended shall read as follows: 185:15 Prosecutions; Penalty. Who- 
ever makes a false statement to secure a license, purchases milk or cream 
from producers Avithin this state in violation of the provisions hereof, or 
having obtained a license shall continue to do such business after being 
notified by the commissioner of agriculture that such license has been 
suspended, and before permission to resume such business has been 
granted, shall be fined not more than five hundred dollars, or imprisoned 
not more than one year, or both. Municipal courts shall have concurrent 
jurisdiction with the superior court of prosecutions hereunder. 



1961] Chapter 129 149 

128:4 Application; Effective Dates. This act shall take effect as of 
August 1, 1961, provided, however, that nothing herein shall be con- 
strued as affecting valid licenses or renewals in effect as of August 1, 1961. 
Said licenses unless revoked or suspended shall be effective until August 
1, 1962. No additional fee shall be required for this extension of licenses. 
[Approved May 18, 1961.] 
[Effective date as specified.] 



CHAPTER 129. 

AN ACT RELATIVE TO RULES AND REGULATIONS AND PERMIT FEES FOR 
RECEIVING STATIONS FOR MILK. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

129:1 Receiving Stations for Milk. Amend RSA 184 by inserting 
after section 60-a (supp) as inserted by 1955, 86:2 the following new sec- 
tions: 184:60-b Rules and Regulations; Fees. The commissioner may 
make rules and regulations governing the application for and the grant- 
ing of permits under the provisions of section 60-a. The fee for each such 
permit shall be two dollars. Permits issued shall expire as of August first 
each year, and may be renewed upon payment of the annual fee. A permit 
may be revoked by the commissioner if after due notice the owner of the 
permit fails or has failed to comply with the law or the rules and regula- 
tions under which the permit was granted. 184:6-c Penalty. Any person 
who purchases milk from producers in this state using the bulk tank 
collector system of collecting milk and who fails to have a valid permit 
from the commissioner to operate each individual route shall be fined 
not more than twenty-five dollars. 

129:2 Application; Effective Dates. This act shall take effect as of 
August 1, 1961, provided, however, that nothing herein shall be con- 
strued as affecting valid permits in effect as of August 1, 1961. Said per- 
mits, unless otherwise revoked, shall be effective until August 1, 1962. No 
additional fee shall be required for this extension of permits. 
[Approved May 18, 1961.] 
[Effective date August 1, 1961, except as specified.] 



150 Chapter 130 [1961 

CHAPTER 130. 

AN ACT TO PERMIT THE WAIVER OF HEARING BEFORE THE PUBLIC UTILITIES 
COMMISSION WHEN ALL PARTIES ARE IN AGREEMENT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

130:1 Public Utilities Commission. Amend RSA 374:26 by insert- 
ing at the end of said section the following: Such permission may be 
granted without hearing when all interested parties are in agreement, 
so that said section as amended shall read as follows: 374:26 Permission. 
The commission shall grant such permission whenever it shall, after due 
hearing, find that such engaging in business, construction or exercise of 
right, privilege or franchise would be for the public good, and not other- 
wise; and may prescribe such terms and conditions for the exercise of the 
privilege granted under such permission as it shall consider for the public 
interest. Such permission may be granted without hearing when all in- 
terested parties are in agreement. 

130:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 131. 

AN ACT RELATING TO APPEALS FROM MUNICIPAL COURTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

131:1 Municipal Courts. Amend RSA 599 by inserting after section 
1 the following new section: 599: 1-a Petition; Late Appeal. A person 
sentenced for an offense by a municipal court who fails to appeal as pro- 
vided in 599:1 may petition said court to enter a late appeal. Said 
petition shall be in writing and shall be made within three days from 
the date sentence is declared. Said court shall grant such petition pro- 
vided that the person appealing shall appear in person, or by his attorney, 
at the next regular session of the court, or at such time and place as the 
justice of said court shall designate, to perfect his appeal by providing 
such bail as is determined proper by the court. All other requirements 
provided for in 599:1 shall be in force. 

131:2 Superior Court. Amend RSA 599 by inserting after section 
1-a the following new section: 599: 1-b Petition for Appeal. Any person 
aggrieved by a decision of a municipal court who was prevented from 
appealing therefrom, as provided in 599:1 or 599: 1-a, through mistake. 



1961] Chapter 132 151 

accident or misfortune, and not from his own neglect, may petition the 
superior court at any time within thirty days from the time the sentence 
is declared, to be allowed an appeal, setting forth his interest, his reason 
for appealing and the cause of his delay. The court may make such order 
thereon as justice may require. 

131:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 132. 

AN ACT TO PROVIDE FOR THE SALE OF QUAIL. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

132:1 Propagation and Sale. Amend RSA 212:30-b (supp) as in- 
serted by 1955, 87:1 by adding in the first, fourth and seventh lines after 
the word "pheasant" the word, quail, so that said section as amended shall 
read as follows: 212:30-b Sale of Pheasant, Partridge and Quail. Pheasant, 
quail and chukar partridge raised by any such licensee may be possessed, 
bought and sold for use as food, to hotels, restaurants, and food stores, 
provided, however, that there shall be attached to each pheasant, quail 
or chukar partridge or part thereof so possessed, bought or sold a special 
tag, provided by the director at a nominal fee, which tag shall remain 
attached to the pheasant, quail or chukar partridge or part thereof until 
immediately prior to cooking. 

132:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 133. 



AN ACT RELATING TO ACKNOWLEDGMENTS BY PERSONS SERVING IN ARMED 
FORCES OR THEIR DEPENDENTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

133:1 Acknowledgments. Amend RSA 456:12 by striking out said 
section and inserting in place thereof the following: 456:12 Acknowl- 



132 Chapter 133 [1961 

edgment by Persons Serving in or With the Armed Forces of the United 
States or Their Dependents, Within or Without the United States. In 

addition to the acknowledgment of instruments in the manner and form 
and as otherwise authorized by this chapter, persons serving in or with 
the armed forces of the United States or their dependents, wherever lo- 
cated, may acknowledge the same before any commissioned officer in 
active service of the armed forces of the United States with the rank of 
second lieutenant or higher in the army, air force, or marine corps, or 
ensign or higher in the navy or coast guard. The instrument shall not be 
rendered invalid by the failure to state therein the place of execution 
or ackno^vledgment. No authentication of the officer's certificate of ack- 
nowledgment shall be required but the officer taking the acknowledgment 
shall indorse thereon or attach thereto a certificate substantially in the 
following form: 

On this the day of , 19 , before me, , 

the undersigned officer, personally appeared , Serial No. 

, known to me (or satisfactorily proven) to be (serving in 

or with the armed forces of the United States) (a dependent of 

, Serial No. , a person serving in or with the 

armed forces of the United States) and to be the person whose name 
is subscribed to the within instrument and acknowledged that 

he executed the same for the purposes therein 

contained. And the undersigned does further certify that he is at the 
date of this certificate a commissioned officer of the rank stated be- 
— low and is in the active service of the armed forces of the United 
States. 

Signature of the Officer 



Rank and Serial No. of Officer and 
Command to which attached 

133:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



1961] Chapter 134 153 

CHAPTER 134. 

AN ACT RELATIVE TO ELECTION OF SCHOOL DISTRICT OFFICERS AT TOWN 

MEETING. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

134:1 School Meetings. Amend RSA 197:1 by striking out the same 
and inserting in place thereof the following: 

197:1 Annual. A meeting of every school district shall be holden 
annually between March first and April twentieth, inclusive, for raising 
and appropriating money for the support of schools for the fiscal year 
beginning July first, next succeeding, the transaction of other district 
business and, in those districts not electing their district officers at town 
meeting, for the choice of district officers. 

134:2 Election of Officers. Amend RSA 197 by inserting after section 
1 the following new sections: 

197: 1-a Election at Town Meeting. Any school district, which is 
coextensive with the town in which it is located, may at any annual school 
meeting, or at any special school meeting held in 1961, under an article 
in the warrant for such meeting, vote to elect its district officers at the 
annual town meeting in such town, and may rescind such action in like 
manner. Such action shall not take effect until the calendar year next 
following the year in which such action is taken. The newly elected officers 
shall take office as of said annual town meeting at which they are chosen, 
except for the treasurer who shall take office at the close of the fiscal year 
of the school district. The oath of office shall be administered to said 
officers by the town moderator, clerk, one of the selectmen or a justice of 
the peace in accordance with chapter 42 RSA. 

197: 1-b Check-list and Nonpartisan Ballot System. If it has not 

already done so, the school district shall, simultaneously with such action, 
be deemed to have adopted the check-list of the town in accordance with 
section 12-a of chapter 197, RSA, and the nonpartisan ballot system in ac- 
cordance with section 77 of chapter 59, RSA. 

197: 1-c Duties of Clerk of School District. Declarations of can- 
didacy for school district offices shall be filed with the clerk of the school 
district. The clerk of the school district shall prepare the official ballots 
for his district, and shall deliver the same to the town election officers be- 
fore the opening of the polls at the annual town meeting. Said ballots shall 
be of a different color from any other ballot being used at said meeting. 

197: 1-d Election Officials; Counting Ballots. The town election 
officials shall act in like capacity for the school district in conducting 
such school district elections. After the close of the polls the town election 
officials shall turn all school district ballots over to the moderator of the 



154 Chapter 135 [1961 

school district, who shall then proceed to count said ballots publicly with 
the assistance of such legal voters of the district as he shall appoint. 

197:1-6 Other Coordination of Town and School District Elections. 

Nothing herein shall preclude other appropriate coordination of school 
district and town elections consistent with all applicable requirements of 
law where school district and town meetings are simultaneously in session 
and school districts have duly voted to adopt as official for school district 
purposes the check-list of the town, as well as the town polls and election 
machinery. 

197: 1-f Inapplicability to Cities. Nothing in the provisions for elec- 
tion of school district officers at town meetings shall be construed as affect- 
ing any city charter nor is a city authorized to adopt the provisions 
hereof. 

134:3 District Clerk. Amend RSA 197:27 by striking out the word 
"meeting" in the second line and inserting in place thereof the ^vords, 
election of district officers, so that said section as amended shall read as 
follows: 197:27 Report to State Board. Every district clerk, within thirty 
days after the annual election of district officers, shall report to the state 
board of education the names and post office addresses of the local school 
board. Any district clerk who neglects to make reports as required by 
this section shall be fined twenty dollars for each failure, one half for 
the use of the department to which he fails to report and the other half 
for the use of the district. 

134:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 135. 

AN ACT RELATIVE TO FOSTER DAY CARE HOMES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

135:1 Foster Day Care Homes. Amend RSA 170:2 (supp) as amended 
by 1957, 116:2 by inserting after the word "include" the words, a foster 
day care home, so that said section as amended shall read as follo^vs: 170:2 
Child-Caring Agency. A child-caring agency is defined for the purposes 
of this chapter as any person, firm, corporation or association who operates 
or maintains a boarding home or foster home for children or who re- 
ceives for foster care, control or custody, one or more children under the 
age of sixteen years unrelated by blood or marriage and separated from 



1961] Chapter 135 155 

parent or guardian, except children committed by a court. The term 
"child-caring agency" shall not include a foster day care home, a bona 
fide summer camp, a hospital, a day nursery school, a public school, a 
private school approved by the state board of education or a private home 
in which a child is left by his parent or guardian for temporary care for 
a period not exceeding thirty days in any calendar year. Such private 
home shall keep a register of the name and address of each such child, 
the name and address of his parent or guardian and the dates of his arrival 
and departure. Such register shall be available at any time for the inspec- 
tion of the commissioner of public welfare or his authorized representa- 
tive. 

135:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 18, 1961.] 
[Effective date July 17, 1961.] 



CHAPTER 136. 

AN ACT RELATING TO BANKS AND BUILDING AND LOAN ASSOCIATIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

136:1 Tax on Personalty of Nonresidents. Amend RSA 89:4 by 
inserting after the word "bank" in the eighth line thereof the words, state 
bank, mutual savings bank, guaranty savings bank, national banking 
association, building and loan association, co-operative bank, Morris plan 
bank, federal savings and loan association, credit union, so that said sec- 
tion as amended shall read as follows: 89:4 Exceptions. The provisions 
of this chapter shall not apply to the stock or obligations of a corporation 
organized under New Hampshire laws, and owned by a nonresident, if, 
at the time of the death of the owner, all the business conducted by the 
corporation under the authority of its charter (except stockholders' or 
directors' meetings and the duties performed by the clerk with reference 
thereto) is actually carried on outside of the state; nor to the deposits of 
a nonresident decedent at the time of his death in any bank, state bank, 
mutual savings bank, guaranty savings bank, national banking associa- 
tion, building and loan association, co-operative bank, Morris plan bank, 
federal savings and loan association, credit union, or trust company with- 
in the jurisdiction of this state; nor to buildings on land at Hampton in 
the county of Rockingham owned by lessees (or sub-lessees) of real estate 
owned by the town of Hampton and leased by said town to the Hampton 
Beach Improvement Company and directly to other lessees. 

136:2 Savings Banks and Other Institutions. Amend RSA 384 by 
inserting at the end thereof the following new subdivision: 



156 Chapter 136 [1961 

Lost Passbooks and Certificates 

384:33 Lost Passbooks and Lost Certificates. When a passbook, 
issued by any corporation as defined by RSA 384:1, has been lost, stolen 
or destroyed, the person in whose name it was issued, or his legal repre- 
sentative, may make written application to such institution for payment 
ot the amount of the deposit represented by said book or for the issuance 
of a duplicate book therefor. Thereupon, with the written consent of 
the bank, he may give, or authorize the institution at his expense to give 
public notice of such application by advertising the same at least once 
a week for three successive weeks in a newspaper published in or near 
the town where such institution is situated. If such book shall not be 
presented to said institution within thirty days after the date of the first 
advertisement, as aforesaid, the institution shall, upon proof that such 
notice has been given, pay the amount due on said book or issue a dupli- 
cate book therefor; and upon such payment or delivery of a new book, 
all liability of the institution on account of the original book shall cease. 
The provisions of this section shall apply to trust company certificates 
of deposit, to the various types of certificates of co-operative banks or 
building and loan associations and to passbooks and certificates herein- 
above referred to issued by an institution which subsequently merged in, 
consolidated with or transferred its deposit liability to another institution. 

384:34 Petition to Court. If any adverse claim shall be made to 
such passbook or certificate before a duplicate has been issued, or if the 
issuance of a duplicate therefor shall be refused, such claimant or de- 
positor may petition the superior court for relief, and such court may, 
after due notice and hearing, make such order as justice shall require. 

384:35 Pledge of Savings Accounts in Joint Tenancy. The pledge 
to any federal savings and loan association, national bank or any institu- 
tion enumerated in section 1 of this chapter of all or part of any type 
of savings account in joint tenancy signed by that person or those persons 
who are authorized in writing to make withdrawals from the account 
shall, unless the terms of the savings account provide specifically to the 
contrary, be a valid pledge and transfer to the association of that part of 
the account pledged, and shall not operate to sever or terminate the joint 
and survivorship ownership of all or any part of the account. 

136:3 Repeal. RSA 386:31, 32 and 33 (supp) as amended by 1955, 
14:1, relative to lost passbooks is hereby repealed. 

136:4 Building and Loan Associations. Amend RSA 393:18 by 
striking out said section and inserting in place thereof the following: 
393:18 Limitations on Amount of Real Estate Loans and Investments. 

An association may loan its funds upon the security of a first lien on real 
estate provided that not more than ten thousand dollars shall be loaned 
upon the security of a first lien on any one property except that if the 
aggregate amount owing to it on all its mortgage loans exceeds five hun- 



1961] Chapter 136 157 

died thousand dollars, in which event it may make such loan in an 
amount equal to two and one-half per cent of its assets or fifteen thousand 
dollars, whichever amount is greater, but in no event shall any such loan 
exceed twenty thousand dollars or one-half of one per cent of the assets 
of the association, Avhichever is greater. Loans in excess of ten thousand 
dollars shall not exceed eighty per cent of the appraised value of the 
property in question. Loans of twenty thousand dollars or more on one 
piece of property shall not exceed seventy per cent of the appraised value 
of the property. The total amount owing to an association upon all such 
loans and investments in excess of twenty thousand dollars shall not 
exceed ten per cent of the aggregate amount owing to it on all of its mort- 
gage loans at the time any such loan or investment in excess of twenty 
thousand dollars is made. These limitations shall not apply to loans in- 
sured with the Federal Housing Administration or the Veterans Adminis- 
tration. Notwithstanding the foregoing limitations, an association may 
make a loan in connection with the sale of real estate acquired by the 
association under a foreclosure or a deed in lieu of foreclosure, in an 
amoinit not to exceed the sale price the association receives for such real 
estate. 

136:5 Limitations. Amend RSA 393:22 by striking out said section 
and inserting in place thereof the following: 393:22 Borrowing. It may, 
without consent of the commissioner, borrow not in excess of seven and 
one-half per cent of its share capital and may pledge as collateral for such 
borrowings real estate mortgages, notes and other securities. It may with 
the consent of the commissioner, borrow in excess of seven and one-half 
per cent of its share capital, and with his approval may pledge as col- 
lateral, real estate mortgages, notes, and other securities. 

136:6 Extension of Investments. Amend paragraph V of RSA 393:27 
by striking out said paragraph and inserting in place thereof the follow- 
ing: V. In notes secured by any book of deposit issued by any savings 
bank or by a savings department of a state bank existing under the laws 
of the state of New Hampshire, or a national bank whose principal place 
of business is located in Nevv Hampshire, or in notes secured by the share- 
holders passbook of any building and loan association or co-operative 
bank of this state, or federal savings and loan association whose principal 
place of business is located in the state of New Hampshire; and in notes 
secured by any book of deposit issued by any savings bank, national bank, 
or in notes secured by the shareholders passbook of any building and loan 
association or co-operative bank or federal savings and loan association 
whose principal place of business is located outside the state of New 
Hampshire provided that such savings bank, national Hank, building 
and loan association, co-operative bank or federal savings and loan asso- 
ciation located outside the state of New Hampshire is insured by the 
Federal Savings and Loan Insurance Corporation or the Federal Deposit 
Insurance Corporation, and provided further that the investment in the 



138 Chapter 136 [1961 

case of banks shall not be in excess of the amount due the depositor as 
shown in said deposit book and in the case of building and loan associa- 
tions, federal savings and loan associations and co-operative banks shall 
not be in excess of the withdrawal value due the shareholder. 

136:7 Insured Funds. Amend RSA 393:27 by adding at the end 
thereof the following new paragraph: VI. In deposits of its funds in a 
commercial or savings account with any national bank, mutual savings 
bank, guaranty savings bank, state bank or trust company, provided the 
institution where such funds are deposited is insured with the Federal 
Savings and Loan Insurance Corporation or the Federal Deposit Insur- 
ance Corporation, and provided also that such institution is located in 
one of the New England states. Such deposit shall not exceed one-half 
of the capital funds (as defined in paragraph IV of RSA 387:1) of the 
depository institution. 

136:8 Municipal Funds. Amend RSA 35:9 by inserting after the 
\vord "company" in the fourth and fifth lines the words, cooperative bank, 
building and loan association, or federal savings and loan association, so 
that said section as amended shall read as follows: 35:9 Investment. The 
moneys in each such fund shall be kept in a separate account and not 
intermingled with other funds of said municipality. Said capital reserve 
fund shall be invested only by deposit in some savings bank or in the 
savings department of a national bank or trust company, cooperative 
bank, building and loan association, or federal savings and loan associa- 
tion, in this state, or in bonds, notes or other obligations of the United 
States government, or in bonds or notes of this state and when so invested 
the trustees hereinafter named shall not be liable for the loss thereof. 
Any interest earned or capital gains realized on the moneys so invested 
shall accrue to and become a part of the fund. Deposits in banks shall be 
made in the name of the town, district or county which holds the same 
as a reserve, and it shall appear upon the books thereof that the same is 
a capital reserve fund. 

136:9 Insurance of Accounts; Agents. Amend RSA 393 by adding 
at the end thereof the following new subdivision: 

Insurance of Accounts, Act as Agent 

393:56 Insurance of Accounts with the Federal Savings and Loan 
Insurance Corporation. Any building and loan association or co-opera- 
tive bank is empowered to insure its accounts "with the Federal Savings 
and Loan Insurance Corporation. 

393:57 Fiscal Agent. Building and loan associations or co-operative 
banks shall have the power to act as fiscal agent of the United States, 
and, when so designated by the secretary of the treasury, it shall perform 
under such regulations as he may prescribe all reasonable duties as fiscal 
agent of United States as he may require, and shall have power to act as 



1961] Chapter 137 159 

agent for any instrumentality of the United States as an agent of this state 
or any instrumentality thereof. 

136:10 Takes Effect, This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1961.] 
[Effective date July 21, 1961.] 



CHAPTER 137. 

AN ACT PROVIDING SPECIAL LICENSES FOR LOUNGES AT MUNICIPAL AIRPORTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

137:1 License to Sell Liquor. Amend RSA 178 by inserting after 
section 5 the following new section: 178:5-a Airport Lounges. The com- 
mission may issue a special license to the Manchester Airport Authority, 
the Lebanon Regional Airport, the Berlin Airport Authority, the Laconia 
Airport Authority, Concord Airport and/or the city of Keene for the 
Dillant-Hopkins Municipal Airport or their designees. Said special li- 
cense shall permit the licensee to serve liquor and beverages in such 
rooms as may be designated by the commission only to patrons and bona 
fide guests and only during the hours set by the commission for such 
service in private clubs, and only if in said rooms there shall also be served 
food and coffee. The commission may grant, regulate, suspend or revoke 
said special license or licenses without affecting any other license and 
permit which may be granted by said commission in said airport or air- 
ports. The fee for any such special license shall be two hundred dollars 
a year. 

137:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1961.] 
[Effective date July 21, 1961.] 



CHAPTER 138. 

AN ACT REGULATING THE PROVISIONS FOR SELLING AND SERVING MILK. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

138:1 Dairy Products. Amend RSA 184 by inserting after section 30 
the following new subdivision: 



160 Chapter 138 [1961 

Milk for Drinking 

184:30-a Pasteurization Required. No milk or milk products as 
defined in section 36 shall be sold, offered for sale or served unless pasteur- 
ized. This shall not serve to prohibit the direct sale of ra^v milk or cream 
from the producer, store or milk pasteurization plant to the final con- 
sumer, or milk or cream from a producer to stores, nor the serving of 
raw milk at bona fide boarding houses where the milk is produced on 
the premises, provided that in the dining room of such boarding houses 
a sign is prominently displayed stating that such raw milk is served 
therein. 

184:30-b Original Containers. It shall be unlawful for any fixed 
and mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheon- 
ette; grille; soda fountain; tearoom; cocktail lounge; roadside stand; 
hospital and other institution; industrial feeding establishment; school; 
private organization routinely serving the public; catering kitchen; com- 
missary or similar places in which food is prepared for sale or for service 
on the premises or elsewhere, or any eating or drinking establishment 
^vhere food is served to or provided for the public with or without charge 
to sell or serve milk or ffuid milk products unless pasteurized and in the 
original individual containers in which they were packaged at the milk 
plant. 

184:30-c Exceptions. Nothing contained in section 30-b shall be 
construed to prevent the sale of pasteurized milk in mixed drinks at soda 
fountains nor shall it serve to prohibit the serving of pasteurized milk 
or other pasteurized fluid milk products from dispensers approved by 
the state board of health provided the dispensing container shall be filled 
at a milk pasteurization plant and shall be sealed with two seals in such 
a manner as to make it impossible to withdraw any part of its contents 
without breaking one seal, and impossible to introduce any substance 
without breaking the other. The state board of health is hereby author- 
ized to make rules and regulations granting exceptions to the provisions 
of section 30-b relative to the dispensing of cream, ^vhipped cream and 
coffee cereal special as well as to the serving of milk or other fluid milk 
products at hospitals and other institutions. 

184:30-d Use of Milk Containers. No milk and milk product con- 
tainer shall be used as a receptacle for any substance other than dairy 
products. 

184:30-e Enforcement. The state and local board of health shall be 
charged with the enforcement of the provisions of this subdivision. 

184:30-f Penalty. Any person who shall violate any of the provisions 
of this subdivision shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than twenty-five dollars nor more than fifty dollars. 
or imprisoned for not less than thirty days nor more than ninety days 
or both. 



1961] Chapter 139 161 

138:2 Repeal. RSA 184:24 to 184:30, inclusive (supp) as amended 
by 1957, 183:1 and 1959, 51:1, relative to milk for drinking and the care 
and use of cans used for transportation of milk or cream, are hereby re- 
pealed. 

138:3 Repeal. RSA 184:16 to 19, inclusive, relative to certified and 
inspected milk, is hereby repealed. 

138:4 Repeal. RSA 184:37 relative to the sale of substandard natu- 
ral milk is hereby repealed. 

138:5 Takes Effect. This act shall take effect as of September 1, 
1961. 

[ApprovedMay 26, 1961.] 
[Effective date September 1, 1961.] 



CHAPTER 139. 

AN ACT RELATIVE TO GRADING, PACKING, SHIPPING AND SALE OF APPLES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

139:1 New Chapter. Amend RSA by inserting after chapter 341 
the following new chapter: 

Chapter 341 -A 
Apples 
341-A:1 Official Grades. The commissioner of agriculture shall 
establish and promulgate official grades of apples packed or repacked 
within the state, and may from time to time amend or modify such grades. 
Before establishing, amending or modifying any such grades, the com- 
missioner shall consult with growers and shippers of apples relative to 
proposed grades, or, upon written petition of ten or more growers pro- 
ducing annually an aggregate of not less than one hundred thousand 
bushels of apples, the commissioner shall after reasonable notice, specify- 
ing the date, place and purpose of the proposed hearing, hold a public 
hearing for the purpose of obtaining information with a view to estab- 
lishing, or amending, or modifying as the case may be, such official grades. 
The grades so established and promulgated shall include grades identical 
in name and requirements with all grades or standards of apples as pro- 
mulgated from time to time by the Secretary of Agriculture of the United 
States and commonly known as the United States Grades. The commis- 
sioner may, in an emergency and after consultation with representative 
growers, establish temporary grades, without holding a public hearing, but 
he shall indicate the period for which such temporary grades will be in 
effect. Apples not conforming to official grades, or, if conforming, not 



162 Chapter 139 [1961 

branded in accordance therewith, shall be considered "Unclassified" and 
so branded. Each package shall be packed so that the apples in the shown 
face shall be reasonably representative in size, color and quality of the 
contents of the package. 

341-A:2 Other Designations Forbidden. The marks indicating the 
grade, as described in the preceding section, shall not be accompanied 
by any other designation of grade or brand which is inconsistent with the 
marks required by section 5. 

341-A:3 Minimum Size; Term Defined, etc. The minimum size of 
all apples in all grades, except unclassified apples as defined in section 1, 
shall be marked upon the package and shall be determined by taking the 
transverse diameter of the smallest fruit in the package at right angles to 
the stem and blossom ends. Minimum sizes shall be stated in variations of 
one-eighth of an inch, such as two inches, two and one-eighth inches, two 
and one-quarter inches and so forth, in accordance -with the facts. 

341-A:4 Exception. If apples are packed in diagonal, layer, cells, 
trays, or other count type packages the number of apples may be stated in 
place of the minimum size. 

341-A:5 Certain Information to be Marked on Packages. Each 
package of apples packed or repacked within the state and intended for 
sale within or without the state shall be marked or branded except as 
otherwise provided at the time of packing, repacking or closing with a 
statment of (a) the quantity of the contents, (b) the name and address of 
the person by whose authority the apples were packed, (c) the true name 
of the variety, (d) the official grade or the term "Unclassified", and (e) the 
minimum size or count of the apples contained therein in accordance 
with sections 1, 3 and 4, except that when offered for sale at retail, only 
the variety, grade and size or count need be so marked and one sign giv- 
ing this information, prominently displayed with the apples so offered, 
may be substituted for the statements otherwise required for individual 
packages. If the true name of the variety is not known to the packer or 
other person by whose authority the apples are packed, the statement 
shall include the words "Variety unknown". If apples are repacked, the 
package shall bear the name and address of the person by whose authority 
it is repacked in place of that of the person by whose authority it was 
originally packed. 

341-A:6 Special Closed Packages. Notwithstanding the provisions 
of section 5 the commissioner of agriculture may, by authorization of the 
agricultural advisory board and after public hearing, make special regu- 
lations as to the information to be marked on packages of apples enclosed 
in sealed bags or containers made of transparent material. 

341-A:7 Sales Advertisements. All sales advertisements by radio, 
television, newspaper and/or other medium, open bulk display signs, 
and printed sales statements shall state the variety, official grade, size of 



1961] Chapter 139 163 

apples, or the term "Unclassified" whenever the price is shown, stated 
or written in connection with the sale of apples. 

341-A:8 Controlled Atmosphere. No person shall sell or exchange 
or offer or expose tor sale or exchange or transport for sale any 
apples represented as having been exposed to "controlled atmosphere", 
"modified atmosphere", alone or with other words, or shall so use any 
such term or form of words or symbols of similar import on any container 
or lot of apples advertised, sold, offered for sale or transported for sale 
within this state unless such apples have been kept in a room or storage 
building Avith not more than five percent oxygen for a minimum of ninety 
days. A record on a form approved by the commissioner shall be kept at 
a convenient location adjacent to said room or storage building from 
the day of sealing to the day of opening of said room or storage building, 
and shall be subject to review by the commissioner or his authorized 
agents at any time for a period of at least one year. 

341-A:9 Markings. All markings shall be conspicuous, clear and 
legible. 

34I-A:I0 Misbranded Apples; Term Defined. For the purpose of 
this chapter, sales advertisements or any package of apples packed or 
repacked within or without the state shall be deemed to be misbranded 
unless conforming to the requirements of the preceding sections, or to 
uniform rules and regulations of the commissioner of agriculture; pro- 
vided that no package shall bear any statement, design or device regarding 
such article or its contents which in any particular shall be false or mis- 
leading or falselv branded. 

341-A:11 Administrative Authority. The commissioner of agricul- 
ture shall make and may modify uniform rules and regulations for carry- 
ing out the provisions of this chapter. He shall, in person, or by his deputy 
or agent, have free access at all reasonable hours to any place, building, 
or vehicle in which apples are packed, stored, sold, offered, or exposed 
for sale or held for transportation. He shall also have power, in person 
or by his deputy or agent, to open any box, barrel, or other container, 
and may upon tendering the market price, take such container and its 
contents or samples therefrom. He shall have general authority to admin- 
ister and enforce the provisions of this chapter and the rules and regula- 
tions made hereunder, and to prosecute violations thereof. 

341-A:12 Violations, Notice and Hearing. When the commissioner 
learns of any violation of any provision of this chapter he shall cause 
notice of such violation, together with a copy of the findings, to be given 
to the person or persons concerned. Persons so notified may be given a 
hearing under the rules and regulations prescribed by the commissioner. 
Notices of such hearings shall specify the date, hour, and place of the 
hearing. Affidavits under oath may be received by the commissioner of 
agriculture. 



164 Chapter 140 [1961 

341-A:13 Penalties. "Whoever himself or by his servant or agent 
misbrands apples within the meaning of this chapter or packs, sells, dis- 
tributes, offers, or exposes for sale or distribution, apples in violation of 
any provision hereof, shall be fined for the first offense not exceeding 
fifty dollars and for a subsequent offense not exceeding two hundred 
dollars. Whoever violates any rule or regulation made by the commis- 
sioner under this chapter, or obstructs or hinders the commissioner or 
his deputy or agent in the performance of his duties hereunder, shall be 
fined not less than ten nor more than one hundred dollars. 

341-A:14 Interpretation. Nothing in this chapter shall be construed 
as interfering with the powers of the state board of health or with statutes 
relating to public health and sanitary inspection, production, and dis- 
tribution of food. 

139:2 Repeal. RSA 341 (supp) as amended by 1957, 100:1 relative 
to grading apples, is hereby repealed. 

139:3 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved May 26, 1961.] 
[Effective date July I, 1961.] 



CHAPTER 140. 

AN ACT DEFINING AGRICULTURE, FARMING AND FARMS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

140:1 Definitions. Amend RSA 21 by adding after section 34 the 
following new section: 21:34-a Farm, Agriculture, Farming. The word 
"farm" shall mean any land and/or buildings or structures on or in which 
agriculture and farming operations are carried on and shall include the 
residence or residences of owners, occupants, or employees located on 
such land. The words "agriculture" and "farming" shall mean all opera- 
tions of a farm such as the cultivation, conserving, and tillage of the soil, 
dairying, greenhouse operations, the production, cultivation, growing 
and harvesting of any agricultural, floricultural, or horticultural com- 
modities, the raising of livestock, bees, fur-bearing animals or poultry, 
or any practices on the farm as an incident to or in conjunction with such 
farming operations including, but not necessarily restricted to, the fol- 
lowing: preparation for market, delivery to storage or to market, or to 
carriers for transportation to market, of any products or materials from 
the farm; the transportation to the farm of supplies and materials; the 
transportation of farm workers; forestry or lumbering operations; the 
removal of sand, gravel, clay, soil or earth; the marketing or selling at 
wholesale or retail or in any other manner any products from the farm 



1961] Chapter 141 165 

and of other supplies that do not exceed in average yearly dollar volume 
the value of products from such farm. 

140:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1961.] 
[Effective date July 25, 1961.] 



CHAPTER 141. 

AN ACT RELATIVE TO THE NESMITH TRUST FUND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

141:1 Expenditure of Fund. Amend RSA 167:42 by striking out 
the words "governor and council, as may be recommended from time to 
time by the board of public welfare" in the sixth and seventh lines and 
inserting in place thereof the words, board of public welfare, so that said 
section as amended shall read as follows: 167:42 Nesmith Fund. There 
shall be appropriated annually thirty-seven hundred dollars, less the an- 
nual income derived from the Nesmith trust fund, to comply with the 
terms of the trust under the will of John Nesmith. And said thirty-seven 
hundred dollars shall be expended for the aid, support, maintenance, 
and education of the indigent blind of the State of New Hampshire under 
the direction of the board of public welfare. 

141:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1961.] 
[Effective date July 25, 1961.] 



CHAPTER 142. 

AN ACT RELATIVE TO POWERS OF COUNTY CONVENTION OVER APPROPRIATION 

TRANSFERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

142:1 Appropriations Transfers. Amend RSA 24:14 by adding at 
the end thereof the words, the county convention may require that the 
county commissioners obtain written authority from the executive com- 
mittee before transferring any appropriation or part thereof under the 
provisions of section 15, so that said section as amended shall read as 



166 Chapter 143 [1961 

follows: 24:14 Appropriations. Appropriations by the county conven- 
tion shall be itemized in detail and a record thereof shall be kept by the 
clerk of the convention. The executive committee of the county shall 
have authority to review the expenditures of the county after adoption 
of the county budget. Such review may occur as often as voted by the 
executive committee, but no less than quarterly each year. The conven- 
tion may require the county commissioners to report once each quarter 
to the convention or to the executive committee, the expenditures of the 
county as compared to the budget as voted, in such detail as determined 
by the convention. The county convention may require that the county 
commissioners obtain written authority from the executive committee 
before transferring any appropriation or part thereof under the provisions 
of section 15. 

142:2 County Commissioners. Amend RSA 24:15 by inserting after 
the ^vord "payment" in the eighth line the words, unless otherwise ordered 
by the county convention under the provisions of section 14, so that said 
section as amended shall read as follows: 24:15 Exceeding Appropria- 
tions. No county commissioner shall pay, or agree to pay, or incur any 
liability for the payment of, any sum of money for ^vhich the county con- 
vention has made no appropriation, or in excess of any appropriation so 
made except for the payment of judgments rendered against the county. 
In the case of an emergency, however, county commissioners may apply 
to the executive committee, which, after a public hearing, may grant 
to the county commissioners authority in writing to make such emergency 
payment. Unless otherwise ordered by the county convention under the 
provisions of section 14, whenever it appears that the amount appropri- 
ated for a specific purpose will not be used in whole or in part for such 
purpose, the county commissioners may use such sum to augment other 
appropriations, if necessary, provided the total payments for all purposes 
do not exceed the total sum of appropriations in any year made by the 
county convention. 

142:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1961.] 
[Effective date July 25, 1961.] 



CHAPTER 143. 

AN ACT RELATIVE TO LICENSING AND BOND FOR POULTRY DEALERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

143:1 Poultry Buyer's Bond. Amend RSA 344:1 (supp) by striking 
out said section and inserting in place thereof the following: 344:1 Li- 



1961] Chapter 144 167 

cense Required. No person shall engage in the business of buying live 
poultry in this state, the meat or meat product of which is to be sold or 
used for food, from the owner thereof, as defined in this section, unless he 
has a license from the commissioner of agriculture. Licenses shall be 
issued in two forms: 

(1) An unlimited license to each person who shall furnish a bond 
with sufficient surety in an amount to be determined by the commissioner 
of agriculture, but not to exceed fifty thousand dollars, payable to the 
state of New Hampshire and conditioned for the faithful performance 
of all legal obligations incurred in the buying and selling of live poultry, 
the meat or meat product of which is to be sold or used for food; such 
bond shall be held by the commissioner to satisfy any court judgment 
obtained or execution issued against any licensee because of failure to 
perform such legal obligation; and (2) a limited license ^vhich shall permit 
the licensee to do business on a United States currency, certified check, 
cashier's check or traveler's check basis only. Applications for licenses 
herein provided shall be made in such manner and upon such forms as the 
commissioner of agriculture shall prescribe. (3) For purposes of this sec- 
tion "owner" is defined as any person having title to live poultry during 
the periods of time in ^vhich such poultry is being grown to marketable 
size or being kept for egg production. 

143:2 Takes Effect. This act shall take effect as of July 1, 1961. 
[ApprovedMay 26, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 144. 

AN ACT RELATIVE TO THE TATTOOING OF MINORS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

144:1 Tattooing Minors. Amend RSA chapter 571 by inserting after 
section 23 thereof the follo^ving new section: 571:24 Tattooing Minors. 
Any person who shall tattoo any minor under the age of eighteen years 
shall be fined not less than ten dollars nor more than one hundred dollars, 
or imprisoned not less than ten days nor more than six months, or both at 
the discretion of the court. This section shall not apply to any tattooing 
done by or under the direct supervision of and in the presence of a doc- 
tor licensed to practice medicine and surgery in this state. 

144:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 26, 1961.] 
[Effective date July 25, 1961.] 



168 Chapter 145 [1961 

CHAPTER 145. 

AN ACT PERTAINING TO PROCESSED LOBSTER MEAT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

145:1 Sale of Processed Lobster Meat. Amend RSA 211:29 (supp) 
as amended by 1955, 308:9, by adding at the end thereof the following: 
Nothing in the provisions of this section or section 27 shall prohibit the 
processing and distributing within the state by packers or processors lo- 
cated within or without the state of processed lobster meat for the pur- 
pose of canning or freezing for resale as processed stews, newburgs, 
choAvders or pies, or prohibit wholesalers and retailers from selling proc- 
essed lobster meat packed in stews, newburgs, chowders or pies providing 
they are licensed as required by RSA 211:38, so that said section as 
amended shall read as follows: 211:29 Lobster Meat. No person, firm 
or corporation shall transport, possess or offer for sale lobster meat from 
sources outside the jurisdiction of this state unless such meat shall com- 
ply with section 27 of this chapter. The inclusion of any such meat of 
less than the prescribed legal length within any container, package, re- 
ceptacle or tray shall subject all such meat included in said container, 
package, receptacle, or tray to be forfeited and the possessor of such meat 
shall be subject to the penalty imposed for violation of section 27. Pro- 
vided, however, that the provisions of this section shall not prohibit the 
sale of lobsters canned in hermetically sealed cans not requiring refrigera- 
tion when the contents of the cans do not weigh over eight ounces net. 
Nothing in the provisions of this section or section 27 shall prohibit the 
processing and distributing within the state by packers or processors lo- 
cated within or without the state of processed lobster meat for the purpose 
of canning or freezing for resale as processed stews, newburgs, cho^vders 
or pies, or prohibit wholesalers and retailers from selling processed lobster 
meat packed in stews, newburgs, chowders or pies providing they are li- 
censed as required by RSA 211:38. 

145:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 26, 1961.] 
[Effective date May 26, 1961.] 



CHAPTER 146. 

AN ACT TO PROVIDE EXTRA FACILITY LICENSES FOR THE SALE OF LOBSTER 

MEAT. 

Be it Enacted by the Senate and House of Representatives in General 

Court convened: 

146:1 Licenses. Amend RSA 211:38 by striking out said section and 
inserting in place thereof the following: 211:38 Lobster Meat. No 



1961] Chapter 147 169 

person except hotels and restaurants serving cooked lobster meat to guests 
tor immediate consumption on their premises as food shall sell lobster 
meat which has not been processed and sealed within containers which 
do not require refrigeration without first procuring a license so to do. 
The director shall issue such license for a period of one calendar year 
which license shall expire on December 31 of each year. A separate license 
shall be required for each market, store, vehicle or other facility where 
lobster meat is sold. The following fees shall apply for licenses issued 
under this section: To a resident, for lobster meat license, two dollars, 
and for each lobster meat license for additional facility, two dollars; to 
a nonresident for a lobster meat license, ten dollars, and for each lobster 
meat license for additional facility five dollars. 

146:2 Takes Effect. This act shall take effect January 1, 1962. 
[Approved May 26, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 147. 

AN ACT PROVIDING FOR OPEN SEASON FOR TAKING FISHER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

147:1 Fur-bearing Animals. Amend RSA 210:3 by striking out the 
word "fisher" so that said section as amended shall read as follows: 210:3 
Sable, Marten. There shall be no open season for sable and marten. 

147:2 Fisher. Amend RSA 210 by inserting after section 3 the fol- 
lowing new section: 210:3-a Open Season. There shall be no open season 
for fisher, except that fisher may be taken and possessed from November 
first to November thirtieth with the aid of and by the use of dog and 
gun and/or traps in the counties of Strafford and Rockingham. All fisher 
skins shall be sealed wathin ten days after the close of said season in the 
same manner and at the same fee as outlined in section 8. Whoever vio- 
lates the provisions of this section shall be fined not less than ten dollars 
for the first and not more than fifty dollars for each additional fisher taken 
and possessed in violation hereof. 

147:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



170 Chapter 148 [1961 

CHAPTER 148. 

AN ACT RELATIVE TO THE SALE OF LIQUOR AND BEVERAGES ON SUNDAYS BY 
FIRST CLASS RESTAURANTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

148:1 First-Class Restaurants. Amend RSA 176 by inserting after 
section 11 the following new section: 176:1 1-a Sales. Notwithstanding 
the provisions of section 1 1 any first class restaurant holding a license 
under the provisions of RSA 178:3-a may make sales of liquor or bever- 
ages on Sundays but only to bona fide guests with meals in the restaurant 
dining room. 

148:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



CHAPTER 149. 

AN ACT RELATIVE TO DAMAGE TO GAME AND HUNTING WITH DOGS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

149:1 Hunting with Dogs. Amend RSA 466:33 (supp) as amended 
by 1957, 154:1 and 1961, 126:2 by striking out the word "April" where 
it occurs in the fourth and fifth lines and inserting in place thereof the 
^s^ord, January, and by inserting after the word "supervision" in the sixth 
line the words, and further provided that hares and rabbits may be hunted 
^vith dogs during the open season therefor under the owner's control and 
supervision, so that said section as amended shall read as follows: 466:33 
Dogs at Large. It shall be unlawful for the owner or custodian of any 
self-hunting dog to permit such a dog to run at large in territory inhab- 
ited by game birds or quadrupeds, or on lands where sheep are pastured, 
between January first and September first of any year, provided that 
bobcat may be hunted between January first and June first Avith dogs 
under the owner's control and supervision and further provided that 
hares and rabbits may be hunted with dogs during the open season there- 
for under the owner's control and supervision. Provided that any organ- 
ized club may hold an American Kennel Club licensed or sanctioned field 
trial on game which is otherwise protected. Said club shall secure per- 
mission from the owner of the land on which said trial is to be held, and 
shall notify the director of the fish and game department, at least two 
^veeks in advance, of the date and place of the trial. Whoever violates the 
provisions of this section shall be fined not more than t^v^enty dollars. 



1961] Chapter 150 171 

149:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



CHAPTER 150. 

AN ACT RELATING TO TRUST COMPANIES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

150:1 Minimum Par Value of Capital Stock. Amend RSA 392:25 
and 392:26 by striking out said sections and inserting in place thereof 
the following new sections: 392:25 Limits; Shares. The capital stock of 
such corporation shall be not less than fifty thousand dollars. In to^vns 
and cities of more than six thousand inhabitants it shall be not less than 
one-hundred thousand dollars; and in those of more than fifty thousand 
inhabitants it shall be not less than two hundred thousand dollars. In 
no event shall the capital stock exceed five hundred thousand dollars. It 
shall be divided into shares of par value of not less than one dollar each. 
392:26 Change in Par Value. Any such corporation, heretofore organ- 
ized and actually doing business under the provisions of this chapter, 
may divide its existing shares into shares of a par value of not less than 
one dollar each. Such division shall be authorized by the stockholders 
of the corporation at a meeting called for such purpose, whether special 
or annual, and the action taken shall be subject to the approval of the 
incorporation board. 

150:2 Residence of Directors. Amend RSA 392:32 by striking out 
the words "town or city where said corporation is located" in the second 
sentence and inserting in place thereof the word, state, so that said sec- 
tion as amended shall read as follows: 392:32 Directors. No person shall 
be a director of any such corporation unless he is a stockholder thereof, 
owning in his own right not less than one thousand dollars of the par 
value of unpledged stock. A majority of the directors shall be citizens of 
and residents in the state. 

150:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



172 Chapter 151 [1961 

CHAPTER 151. 

AN ACT TO REGULATE THE SALE AND USE OF HYDRAULIC BRAKE FLUIDS FOR 

MOTOR VEHICLES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

151:1 Hydraulic Brake Fluids, Sale and Use of. Amend RSA 263 
by adding after section 6 thereof the following new section: 263:6-a 
Hydraulic Brake Fluid. 

I. The term "hydraulic brake fluid" as used in this section shall 
mean the liquid medium through which force is transmitted to the brakes 
in the hydraulic brake system of a vehicle. 

II. Hydraulic brake fluid shall be distributed and hydraulic brake 
systems shall be serviced with due regard to the safety of the occupants 
of the vehicle and the public and in accordance Avith provisions of this 
section. 

III. The commissioner shall adopt and publish standards and speci- 
hcations for hydraulic brake fluid, which shall be correlated with and so 
far as practicable conformed to, the current standards and specifications 
of the Society of Automotive Engineers applicable to such fluid and shall 
approve such fluids as meet said standards and specifications, upon pay- 
ment of such fee as he may determine. The commissioner may adopt and 
enforce regulations for the administration of this section. 

IV. No person shall distribute, have for sale, offer for sale, sell or 
service any vehicle with any hydraulic brake fluid unless it complies with 
the requirements of this section. 

V. Any person violating any provision of this section shall be guilty 
of a misdemeanor and subject to a fine of not less than fifty dollars nor 
more than five hundred dollars for such violation. 

151:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



CHAPTER 152. 

AN ACT AUTHORIZING THE SECRETARY OF STATE TO REMOVE THE NAMES OF 
CANDIDATES NOT QUALIFIED TO BE ON THE BALLOT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

152:1 Elections. Amend RSA 56:69 by striking out said section 
and inserting in place thereof the following: 56:69 Withdrawal. Where 



1961] Chapter 153 173 

a nomination has been made as herein provided, or where a candidate 
has duly filed according to law for a primary election, no withdrawal or 
declination of a candidate shall be accepted by the secretary of state sub- 
sequent to the last dates for filing as hereinbefore stated, except as pro- 
vided in section 69-a. 

152:2 Substitution of Names. Amend RSA 56 by inserting after 
section 69 the following new section: 56:69-a Disqualification of Candi- 
dates. In case a person who is a candidate to be voted for at any primary 
or general election, for office of state senator or representative, between 
the date of nomination or filing and the day of election, shall make oath 
that he does not qualify for the public office which he seeks because of 
age or residence, the secretary of state may remove said person's name 
from the ballot and, if the ballots have not been printed, a new candidate 
may be substituted under the authority of the party committee of the 
state, town or ward as the case may require and the name of the substitute 
candidate shall be printed on the ballots. In the case of the office for state 
senator the appropriate party committee to fill such vacancies shall be 
the state committee of the party affected. If the ballots have been printed 
and time "will permit the secretary of state may cause adhesive slips or 
pasters, without any name thereon to be printed, or authorize the same 
to be done and send or cause the same to be sent to the various town or 
city clerks representing the territory wherein the disqualified candidate 
was to be voted for. Said town or city clerks shall deliver said slips or 
pasters to the election officers before the opening of the polls, and they 
shall paste them in the proper place on the ballot before it is handed to 
the voter. Except as provided in this section or in section 71 no adhesive 
slips, pasters, or stickers shall be used on any ballot and their use shall 
invalidate that vote for all candidates for the office where they are so used. 

152:3 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved June 1, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 153. 

AN ACT RELATING TO PERMANENT POLICE OFFICERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

153:1 Police Officers. Amend RSA 41:48 by inserting after the 
word "hereof" in the second line the words, or any full time police officer 
appointed under the provisions of RSA 105:1 (supp), 1957, 206:1, so that 
said section as amended shall read as follows: 41:48 Tenure of Office. 
Any permanent constable or police officer elected in conformity to a 
town vote, as provided in section 47 hereof, or any full time police officer 



174 Chapter 154 [1961 

appointed under the provisions of RSA 105:1 (supp) 1957, 206:1, shall 
continue to hold such office during good behavior unless sooner removed 
for cause by the selectmen, after notice and hearing, or unless the town 
has rescinded its action as hereinbefore provided. Any such elected per- 
manent constable or police officer shall be deemed to be a permanent 
policeman, and entitled to benefits, under the provisions of RSA chapter 
103, if otherwise qualified. 

153:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 1, 1961.] 
[Effective date July 31, 1961.] 



CHAPTER 154. 

AN ACT IN FAVOR OF MILO H. CHENEY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

154:1 Appropriation. The sum of three hundred twenty-eight dol- 
lars is hereby appropriated to be paid to Milo H. Cheney of Wentworth, 
Ne^v Hampshire, to reimburse him for the cost of repairing the damage 
to his motor vehicle and the cost of medical and hospital expenses and 
to compensate him for loss of earnings incurred and sustained as a result 
of the collision of his car "\vith a tree which had fallen across the traveled 
portion of the Sawyer Highway, so called, a state high^vay. The sum here- 
by appropriated shall be a charge upon the highway fund and shall be 
paid out of that fund. 

154:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 1, 1961.] 
[Effective date June 1, 1961.] 



CHAPTER 155. 

AN ACT FOR THE ENCOURAGEMENT OF COMMUNITY COLLEGES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

155:1 Establishment. Amend RSA by inserting after chapter 292 the 
following new chapter: 

Chapter 292-A 

292-A:l Incorporation. Five or more persons of la^vful age may asso- 
ciate together by articles of agreement to form a corporation under the 



1961] Chapter 154 175 

provisions of RSA 292, for the purpose of the establishment of a com- 
munity college. 

292-A:2 Term Defined. A community college shall mean an area 
educational institution offering courses on a college level. 

292-A:3 Prohibition. No voluntary corporation shall be entitled to 
use the term "community college" unless it shall be organized under the 
provisions of this chapter. 

292-A:4 Limitations and Powers. I. A commimity college may not 
offer academic degrees nor be considered a junior college but courses 
which are developed of suitable content and quality of teaching may, 
when approved by the University of New Hampshire or an accredited 
education institution, be credited toward a degree at the university, the 
teachers colleges or elsewhere. 

II. Non-credit courses offered may entitle students to receive a 
course certificate issued by the community college. 

III. Extension courses of the university or other institutions within 
or Avithout the state may be a part of the curriculum of a community col- 
lege and in such a case the institution offering the extension course shall, 
on mutually agreed terms, control its content and teaching. 

292-A:5 Community College Advisory Council. There is hereby 
established a community college advisory council. The members of said 
association shall be the commissioner of education, the president of the 
university of New Hampshire, the president of Keene teachers college, 
the president of Plymouth teachers college and the presidents of com- 
munity colleges. Said association shall organize by the election of a chair- 
man from among its members and shall meet at least once a year at the 
call of the commissioner of education. 

292-A:6 Duties. The association as established under section 5 shall 
offer advice and guidance to existing community colleges and also assist 
in the establishment of a community college. It shall recommend legisla- 
tion when desirable. It shall endeavor to encourage the creation of com- 
munity colleges as defined herein as a step toward meeting the greatly 
increased needs for higher education by high school graduates and adults 
in the years ahead. 

155:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1961.] 
[Effective date August 1, 1961.] 



176 Chapter 156 [1961 

CHAPTER 156. 

AN ACT RELATIVE TO ENTRANCE FEES OF CREDIT UNIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

156:1 Annual Meeting. Amend RSA 394:12 by inserting after the 
word "fee" in the second line the words, if any, so that said section as 
amended shall read as follows: 394:12 Entrance Fee; Dividends. The 

members at each annual meeting shall fix the amount of the entrance 
fee, if any, for the ensuing year, which may be made proportional to the 
number of shares issued to a member, and, upon recommendation of the 
board of directors, may declare dividends. 

156:2 Entrance Fee. Amend RSA 394:26 by striking out the words 
"amount of" in the seventh line and inserting after the word "fee" in 
said line the words, if any, so that said section as amended shall read as 
follo^vs: 394:26 Directors' Powers. The board of directors shall have 
the general direction of the affairs of the union, and shall meet as often 
as may be necessary. It shall be their special duty to act upon all applica- 
tions for membership and upon the expulsion of members, to determine 
the rate of interest on loans and deposits, to fill vacancies in the board 
of directors until new members shall be elected and qualified, to make 
recommendation to the members of the union relative to the entrance 
fee, if any, to be charged new members, the maximum amount to be 
loaned any one member, the advisability of declaring a dividend and 
the amount to be declared, the need of amendments to the by-laws, and 
any other matters upon which, in their opinion, the members should 
act at any meeting. 

156:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 157. 

AN ACT RELATIVE TO SALARIES OF HILLSBOROUGH COUNTY COMMISSIONERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

157:1 County Commissioners. Amend RSA 28:28 (supp) as amended 
by 1955, 247:4, 269:1, 1957, 182:1, 246:1 and 1961, 80:1 by striking out 
the words "In Hillsborough, three thousand seven hundred and fifty 
dollars" and inserting in place thereof the words, In Hillsborough, four 
thousand dollars, so that said section as amended shall read as follows: 



1961] Chapter 158 177 

28:28 Commissioners. The annual salary of each commissioner of the 
following counties shall be as follows, payable monthly by the county: 

In Rockingham, eighteen hundred dollars. 
In Strafford, fifteen hundred dollars. 
In Belknap, fifteen hundred dollars. 
In Carroll, twelve hundred dollars. 
In Merrimack, two thousand dollars. 
In Hillsborough, four thousand dollars. 
In Cheshire, two thousand dollars. 
In Sullivan, twelve hundred dollars. 
In Grafton, eighteen hundred dollars. 
In Coos, fifteen hundred dollars. 

To the foregoing sums shall be added, in all counties, a reasonable sum 
for all necessary expenses, upon order of the county auditors. 

157:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 158. 

AN ACT RELATING TO RETIREMENT BENEFITS FOR HAZEL D. LORD, MARION 
N. SARGEANT, EVA ROBITAILLE AND GLADYS D. CHARTER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

158:1 Application Extended. The retirement and election of Op- 
tion 2 by the late Edgar L. Lord, an employee of the Claremont School 
District and a member of the teachers retirement system of the state of 
New Hampshire and the nomination of his widow. Hazel D. Lord, his 
beneficiary; the retirement and election of Option 2 by the late Maurice 
Sargeant, an employee of the Manchester School District and a member 
of the teachers retirement system of the state of New Hampshire and the 
nomination of his widow, Marion N. Sargeant, his beneficiary; the re- 
tirement and election of Option 2 by the late Charles Robitaille, an 
employee of the Manchester School District and a member of the teachers 
retirement system of the state of New Hampshire and the nomination 
of his widow, Eva Robitaille, his beneficiary; the retirement and election 
of Option 2 by the late Allen H. Charter, an employee of the Manchester 
School District and a member of the teachers retirement system of the 
state of New Hampshire and the nomination of his widow, Gladys D. 
Charter, his beneficiary, under the provisions of RSA chapter 192, are 
hereby approved, legalized, ratified and confirmed. 



178 Chapter 159 [1961 

158:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 7, 1961.] 
[Effective date June 7, 1961.] 



CHAPTER 159. 

AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESSMENT OF 

PUBLIC TAXES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

159:1 Apportionment. That of every thousand dollars of public 
taxes hereinafter to be raised, the proportion which each town and place 
shall pay, and for which the treasurer of the state is hereby authorized to 
issue his warrant, shall be as follows, to wit: 

Rockingham County, ($467,561,287), $178.58 

Atkinson 5,642,764 $2.16 

Auburn 4,882,397 1.87 

Brentwood 2,904,442 1.11 

Candia 4,423,494 1.69 

Chester 4,557,592 1.74 

Danville 1,514,982 .58 

Deerfield 4,095,372 1.56 

Derry 26,657,406 10.18 

East Kingston 2,315,470 .88 

Epping 5,341,912 2.04 

Exeter 39,650,945 15.14 

Fremont 2,445,316 .93 

Greenland 4,715,079 1.80 

Hampstead 6,597,923 2.52 

Hampton 48,089,153 18.37 

Hampton Falls 3,999,402 1.53 

Kensington 2,772,620 1.06 

Kingston 7,193,374 2.75 

Londonderry 7,117,343 2.72 

New Castle 4,060,768 1.55 

Newfields 2,656,279 1.01 

Newington 13,024,149 4.97 

Newmarket 11,509,224 4.40 

Newton 4,194,288 1.60 

North Hampton 12,307,607 4.70 

Northwood 6,180,934 2.36 

Nottingham 3,214,905 1.23 

Plaistow 10,516,426 4.02 



1961] Chapter 159 179 

Portsmouth 113,681,236 43.42 

Raymond 6,936,262 2.65 

Rye 21,977,863 8.39 

Salem 40,103,230 15.32 

Sandown 2,672,889 1.02 

Seabrook 13,694,923 5.23 

South Hampton 2,028,108 .77 

Stratham 3,452,200 1.32 

Windham 10,433,010 3.99 

Strafford County, ($211,954,789), $80.95 

Barrington 3,582,200 $1.37 

Dover 69,573,048 26.57 

Durham 12,484,311 4.77 

Farmington 9,820,114 3.75 

Lee 3,112,104 1.19 

Madbury 1,965,320 .75 

Middleton 992,096 .38 

Milton 7,918,670 3.02 

New Durham 3,584,344 1.37 

Rochester 60,822,390 23.23 

Rollinsford 6,185,706 2.36 

Somersworth 28,326,562 10.82 

Strafford 3,587,924 1.37 

Belknap County, ($171,425,603), $65.48 

Alton 16,915,684 $6.46 

Barnstead 5,248,564 2.01 

Belmont 5,560,039 2.12 

Center Harbor 3,833,492 1.46 

Gilford 19,648,918 7.51 

Gilmanton 4,449,198 1.70 

Laconia 75,136,196 28.70 

Meredith 21,143,878 8.08 

New Hampton 5,974,316 2.28 

Sanbornton 4,274,803 1.63 

Tilton 9,240,515 3.53 

Carroll County, ($114,409,053), $43.69 

Albany 1,013,757 $0.39 

Bartlett 3,573,157 1.36 

Brookfield 1,273,801 .49 

Chatham 746,062 .28 

Conway 20,338,147 7.77 

Eaton 1,304,918 .50 

Effingham 1,648,063 .63 

Freedom 3,407,615 1.30 

Hart's Location 71,520 .03 



180 

Jackson 

Madison 

jMoultonboro 

Ossipee 

Sandwich 

Tamworth 

Tuftonboro 

Wakefield 

Wolfeboro 

Allenstown 

Andover 

Boscawen 

Bow 

Bradford 

Canterbury 

Chichester 

Concord 

Danbury 

Dunbarton 

Epsom 

Franklin 

Henniker 

Hill 

Hooksett 

Hopkinton 

Loudon 

Newbury 

New London 

Northfield 

Pembroke 

Pittsfield 

Salisbury 

Sutton 

Warner 

Webster 

Wilmot 



Merrimack County, 



Amherst 

Antrim 

Bedford 

Bennington 

Brookline 

Deering 

Francestown 



Hillsborough County, 



Chapter 159 


[1961 


3,099,126 


1.18 


4,117,432 


1.57 


18,227,277 


6.96 


8,771,430 


3.35 


5,312,112 


2.03 


5,925,948 


2.26 


9,351,441 


3.57 


6,960,132 


2.66 


19,267,115 


7.36 


mty, ($275,611,292), $105.27 




5,259,711 


$2.01 


4,301,918 


1.64 


5,505,695 


2.10 


15,578,093 


5.95 


3,391,504 


1.30 


2,310,016 


.88 


2,110,088 


.81 


112,780,723 


43.08 


1,515,524 


.58 


2,733,072 


1.04 


3,339,226 


1.28 


27,903,029 


10.66 


5,512,555 


2.11 


2,139,340 


.82 


14,656,749 


5.60 


11,663,073 


4.45 


2,992,453 


1.14 


4,660,710 


1.78 


11,763,548 


4.49 


4,781,722 


1.83 


9,512,942 


3.63 


7,130,440 


2.72 


1,962,511 


.75 


3,414.906 


1.30 


4,403,711 


1.68 


2,309,306 


.88 


1,978,727 


.76 


mty, ($648,853,668), $247.83 




9,601,003 


$3.67 


4,910,929 


1.88 


16,240,520 


6.20 


3,940,371 


1.51 


2,958,763 


1.13 


1,956,311 


.75 


2,604,465 


1.00 



1961] 


Chapter 159 


181 


Goffstown 


22,381,592 


8.55 


Greenfield 


2,505,042 


.96 


Greenville 


4,017,123 


1.53 


Hancock 


5,850,715 


2.23 


Hillsborough 


9,828,256 


3.75 


Hollis 


6,412,065 


2.45 


Hudson 


15,659,083 


5.98 


Litchfield 


2,485,001 


.95 


Lyndeborough 


2,634,009 


1.01 


Manchester 


301,413,262 


115.13 


Mason 


1,547,438 


.59 


Merrimack 


9,511,327 


3.63 


Milford 


22,286,025 


8.51 


Mont Vernon 


2,256,712 


.86 


Nashua 


138,213,116 


52.79 


New Boston 


3,882,888 


1.48 


New Ipswich 


5,394,957 


2.06 


Pelham 


10,690,853 


4.08 


Peterborough 


21,443,838 


8.19 


Sharon 


685,500 


.26 


Temple 


1,560,450 


.60 


Weare 


5,403,433 


2.06 


Wilton 


10,271,992 


3.92 


Windsor 


306,629 
Cheshire County, ($201,403,777), $76.93 


.12 


Alstead 


3,696,964 


$1.41 


Chesterfield 


7,929,529 


3.03 


Dublin 


6,443,067 


2.46 


Fitzwilliam 


4,833,497 


1.85 


Gilsum 


860,216 


.33 


Harrisville 


3,756,257 


1.43 


Hinsdale 


9,317,930 


3.56 


Jaffrey 


15,422,274 


5.89 


Keene 


88,260,957 


33.71 


Marlborough 


4,714,432 


1.80 


Marlow 


988,601 


.38 


Nelson 


2,329,968 


.89 


Richmond 


976,955 


.37 


Rindge 


6,925,336 


2.65 


Roxbury 


469,952 


.18 


Stoddard 


2,464,775 


.94 


Sullivan 


953,696 


.36 


Surry 


1,269,924 


.49 


Swanzey 


11,323,769 


4.33 


Troy 


5,913,444 


2.26 



182 


Chapter 159 


[1961 


Walpole 


12,051,014 


4.60 


Westmoreland 


2,752,273 


1.05 


Winchester 


7,748,947 
Sullivan County, ($100,535,124), $38.40 


2.96 


Acworth 


1,390,252 


$0.53 


Charlestown 


8,868,441 


3.39 


Claremont 


46,902,353 


17.91 


Cornish 


3,670,146 


1.40 


Croydon 


1,302,806 


.50 


Goshen 


937,518 


.36 


Grantham 


676,470 


.26 


Langdon 


1,012,621 


.39 


Lempster 


935,155 


.36 


Newport 


16,183,828 


6.18 


Plainfield 


3,809,754 


1.45 


Springfield 


1,648,273 


.63 


Sunapee 


9,833,073 


3.75 


Unity 


1,196,609 


.46 


Washington 


2,167,825 
Grafton County, ($251,616,731), $96.10 


.83 


Alexandria 


1,557,543 


$0.60 


Ashland 


6,570,826 


2.51 


Bath 


1,795,453 


.69 


Benton 


251,213 


.10 


Bethlehem 


7,018,775 


2.68 


Bridgewater 


3,412,490 


1.30 


Bristol 


8,783,460 


3.35 


Campton 


5,079,171 


1.94 


Canaan 


4,680,492 


1.79 


Dorchester 


358,821 


.14 


Easton 


635,642 


.24 


Ellsworth 


97,170 


.04 


Enfield 


6,183,587 


2.36 


Franconia 


3,965,497 


1.51 


Grafton 


1,272,378 


.49 


Groton 


786,023 


.30 


Hanover 


29,127,207 


11.13 


Haverhill 


9,046,832 


3.46 


Hebron 


2,482,906 


.95 


Holdemess 


8,545,111 


3.26 


Landaff 


493,547 


.19 


Lebanon 


33,513,904 


12.80 


Lincoln 


7,938,190 


3.03 


Lisbon 


7,513,379 


2.87 


Littleton 


56,395,706 


21.54 



1961] 


Chapter 159 


183 


Lyman 




790,783 


.30 


Lyme 




3,098,521 


1.18 


Monroe 




11,229,754 


4.29 


Orange 




352,701 


.13 


Orford 




2,566,942 


.98 


Piermont 




2,224,203 


.85 


Plymouth 




10,744,197 


4.10 


Rumney 




3,542,478 


1.35 


Thornton 




2,285,120 


.87 


Warren 




1,688,420 


.64 


Waterville 




196,403 


.08 


Wentworth 




1,360,229 


.52 


Woodstock 




4,031,657 


1.54 


Coos 


County, 


($173,796,793), $66.38 




Berlin 




93,123,765 


$35.57 


Carroll 




2,829,797 


1.08 


Clarksville 




848,537 


.32 


Colebrook 




5,617,860 


2.15 


Columbia 




1,186,147 


.45 


Dalton 




• 1,555,067 


.59 


Dummer 




892,607 


.34 


Errol 




1,238,240 


.47 


Gorham 




18,503,372 


7.07 


Jefferson 




2,397,072 


.92 


Lancaster 




10,073,641 


3.85 


Milan 




1,934,638 


.74 


Northumberland 




13,215,387 


5.05 


Pittsburg 




3,937,795 


1.50 


Randolph 




1,955,491 


.75 


Shelburne 




2,012,133 


.77 


Stark 




896,701 


.34 


Stewartstown 




1,868,426 


.71 


Stratford 




3,223,623 


1.23 


Wentworth's Location 




466,091 


.18 


Whitefield 




6,020,403 


2.30 


Unincorporated Places, ($987,965), $0.39 




Cambridge 




70,623 


$.02 


Crawford's Purchase 




9,216 


.01 


Dix Grant 




25,908 


.01 


Dixville 




297,239 


.11 


Erving's Grant 




4,800 


.01 


Gilmanton & Atkinson Academy 






Grant 




23.618 


.01 


Green's Grant 




53,125 


.02 


Hale's Location 




2,592 


.01 



[1961 

.03 
.03 
.05 
.02 
.03 
.03 

159:2 Limitation. The same shall be the proportion of assessment 
of public taxes until a new apportionment shall be made and established, 
and the treasurer for the time being shall issue his warrant accordingly. 

159:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 7, 1961.] 
[Effective date June 7, 1961.] 



184 


Chapter 


160 


Millsfield 




78,811 


Odell 




84,522 


Sargent's Purchase 




131,375 


Second College Grant 




59,500 


Success 




81,636 


Thompson & Meserve Purchase 


65,000 



CHAPTER 160. 

AN ACT RELATIVE TO THE CLASSIFICATION OF A HIGHWAY IN THE TOWN OF 
GOFFSTOWN AND THE CIT\' OF MANCHESTER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

160:1 Highway in Goffstown and Manchester. The highway in the 
town of Goffstown known as the Goffstown Back Road starting at route 
NH 114 in Goffstown village and running easterly to route NH 3A in 
West Manchester shall hereafter be classified as a class II highway. 

160:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 161. 

AN ACT RELATIVE TO FREE FISH AND GAME LICENSES FOR RESIDENT MEMBERS 

OF ARMED FORCES. 

Be it Enacted by the Senate and House of Representatives m General 
Court convened: 

161:1 Resident Members Armed Forces. Amend RSA 214:3 (supp) 
as amended by 1955, 100:1 and by 1957, 267, by striking out said section 
and inserting in place thereof the following: 214:3 Member of Armed 
Forces. Any resident of this state who is on regular active duty with any 
branch of the armed forces of the United States, and who was a legal 



1961] Chapter 162 185 

resident prior to entry into said armed forces, and who is stationed out- 
side the state of New Hampshire, may make application to the director 
of the fish and game department or his designated agent for a special 
license to hunt and fish to cover that period while on leave or furlough. 
Such applicant shall submit satisfactory evidence of his residence and 
membership in the service of the United States and a copy of leave or 
furlough papers when making application for said license. The director 
or his agent may in his discretion issue to such applicant special license 
for the period designated as furlough or leave which shall entitle the 
licensee to hunt, shoot, kill or take, except by the use of traps, and to 
transport game birds, game animals, fish and salt water smelt, under the 
restrictions of title XVIII of the Revised Statutes Annotated, except as 
otherwise provided in this section. Such license shall have marked or 
stamped thereon the words "resident serviceman's license" and the date 
of expiration shall be plainly marked on the face thereof. There shall be 
no fee for such license. 

161:2 Takes Effect. This act shall take effect as of September 1, 
1961. 

[Approved June 7, 1961.] 
[Effective date September 1, 1961.] 



CHAPTER 162. 

AN ACT RELATING TO ISSUANCE OF DUPLICATE FISH AND GAME LICENSES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

162:1 Fish and Game Licenses. Amend RSA 214 by inserting after 
section 9-a (supp) as inserted by 1959, 281:1 the following new section: 
214:9-b Lost License, Duplicate. A person who loses, or by mistake or 
accident destroys, his license may, upon application to the director, and 
upon payment of a fee of fifty cents, receive a duplicate license provided 
that such application is accompanied by an affidavit setting forth the cir- 
cumstances of said loss or destruction and by a statement from the agent 
who issued the original license, or his successor, which statement shall 
contain the name, residence and personal description of the licensee, the 
kind of license so issued, the number and date thereof and the fee paid 
therefor. Such duplicate license shall have marked or stamped thereon 
the word "duplicate" and, to be valid, must be countersigned by the li- 
censee. Unless the affidavit accompanying such application for a duplicate 
of any hunting license contains a statement that a section A2 coupon as 
provided for by section 16 of chapter 208, RSA, was attached to said 
license at the time of its loss or destruction and also so lost or destroyed. 



186 Chapter 163 [1961 

the director shall, before issuing such duplicate, detach therefrom and 
destroy the section A2 coupon. 

162:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 163. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE W^ATERS OF THE 
LAKE MASSABESIC WATERSHED AND THE MILLERS RIVER WATERSHED. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

163:1 Classification. On and after the effective date of this act the 
following surface waters shall be classified in accordance with provisions 
of chapter 149, RSA: 

I. Lake Massabesic and all its tributaries in the city of Manchester 
and in the towns of Allenstown, Auburn, Candia, Chester and Hooksett 
from their sources to the crest of the outlet dam at the downstream end 
of the Manchester Water Works canal serving the low pressure pumping 
station, Class A. 

II. All other surface waters of the Lake Massabesic watershed hither- 
to unclassified down to the crest of the outlet dam at the downstream 
end of the Manchester Water Works canal serving the low pressure pump- 
ing station. Class A. 

III. All surface waters of the Millers River watershed in the towns 
of Fitzwilliam, Jaffrey, New Ipswich, Richmond, Rindge and Troy, 
hitherto unclassified, Class B-1. 

163:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 164. 

AN ACT RELATIVE TO FEES FOR PRIVATE BOAT REGISTRATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

164:1 Private Boat Registration. Amend RSA 270 (supp) as amended 
by 1959, 53:2 by inserting after section 5 the following new section: 



1961] Chapter 165 187 

270:5-a — Issuing Agents. If any private boat registration is issued for 
the commission by one of their duly authorized agents not on the payroll 
of said commission, such agent shall collect from the registrant a fee of 
fifty cents in addition to the fees prescribed by paragraphs III and IV of 
section 5. Each application for private boat registration shall have printed 
thereon the words and figures, "agent's fee $.50". Such agent shall retain 
said additional fee as compensation for his services in connection with 
the issuance of such registration. 

164:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 165. 

AN ACT RELATIVE TO COLLECTION OF TAXES FROM CONTRACTORS AND 

SUBCONTRACTORS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

165:1 Collection of Taxes. Amend RSA 80:7 by striking out said 
section and inserting in place thereof the following: 80:7 Contractors' 
Taxes. Whenever any person, firm or corporation enters into a contract 
or agreement with the state or any political subdivision thereof it shall 
be a term or condition of such contract that the state or such political sub- 
division shall withhold or retain from the contract price provided for in 
such contract such sum or sums as will secure the payment of the taxes 
levied and assessed against the property of such contractor or against 
property for which such contractor may be liable for the payment of taxes 
thereon, until such taxes are paid by such contractor, or are authorized 
paid by him from the sums so withheld, provided the collector of taxes 
or other person responsible for the collection of such taxes notifies the 
treasurer of the state or political subdivision that such taxes have been 
assessed but are unpaid. Such notice shall not be given to the treasurer 
as aforesaid until the expiration of a period of ten days after the collector 
or other person responsible for the collection of the taxes has presented 
or sent by first class mail, postage prepaid, addressed to the last known 
address of such contractor a tax bill, or a duplicate or copy of the tax 
bill presented or sent to a subcontractor or leasee for the payment of 
whose taxes said contractor is liable together with a notation to said con- 
tractor stating therein a date certain when said collector or other person 
responsible for the collection of such taxes will notify the treasurer as 
aforesaid. If the taxes so assessed are not paid by the person, firm or cor- 
poration liable therefor by December first of the year of assessment, the 



188 Chapter 165 [1961 

treasurer, upon notice from the collector of taxes that the taxes remain 
unpaid, shall pay over the amounts withheld to the collector and take 
his receipt therefor which shall be a full and complete discharge of the 
treasurer from any further liability for the sum so withheld. If on De- 
cember first the person, firm or corporation is not entitled to sufficient 
sums under the contract from which the treasurer can withhold the 
amount of taxes due, the treasurer as soon thereafter as sufficient sums are 
available for the purpose shall immediately pay over to the collector the 
sums so withheld. If the person, firm or corporation shall pay to the col- 
lector the taxes for which he or it is liable after notice to withhold by 
the collector to the treasurer, the collector shall immediately notify the 
treasurer so -withholding, and the sum so withheld shall be paid to the 
person, firm or corporation, if otherwise due. 

165:2 Payment of Taxes. Amend RSA 80 by inserting after section 
7 the following new sections: 80:7-a Subcontractors' Taxes. Whenever 
a person, firm or corporation enters into a contract or agreement with 
the state or any political subdivision thereof and such contractor employs 
a subcontractor to perform any of the work contemplated by such con- 
tract or agreement, it shall be a stated term or condition of such contract, 
that said contractor will be liable for the payment of any taxes assessed 
in the name of and upon the property of the subcontractor, used by said 
subcontractor in the performance of said sub-contract if assessed while 
said contract is being performed, to the extent of any sum or sums that 
may be due from the contractor to the subcontractor at the time of or 
after the contractor has been notified by the collector of taxes in Avriting 
that payment of said taxes has been demanded of said subcontractor but 
said subcontractor has failed, neglected or refused to pay the same. Said 
contractor may retain from the contract price the amount for which he 
is liable hereunder. The amount of the taxes for which the said con- 
tractor may be liable hereunder may be withheld or retained from the 
contract price under the provisions of RSA 80:7. 

80:7-b User's Taxes. Whenever a person, firm or corporation enters 
into a contract or agreement with the state or any political subdivision 
thereof and such contractor has in his possession and uses any taxable 
property owned by another upon the job to be performed under the 
contract or agreement, it shall be a stated term or condition of such con- 
tract that the contractor having such property in his possession shall be 
liable for the amount of taxes assessed against such property in the name 
of the owner of such property while the same is in the possession of such 
contractor to the extent of the amount of any sum or sums of money 
that may be due from said contractor to the owner of such property for 
rental or hire thereof at the time of or after the collector of taxes has 
notified said contractor in writing that he has made demand upon the 
owner of such property for payment of the taxes assessed upon said prop- 
erty but that the owner of such property has failed, neglected or refused 
to pay said taxes. Said contractor may retain from the sums to be paid 



1961] Chapter 166 189 

tor the use of such property the amount for which he is liable hereunder. 
The amount of the taxes for which the said contractor may be liable here- 
under may be withheld or retained from the contract price under the 
provisions of RSA 80:7. 

80:7-0 Exemption from Attachment. The sums so withheld by the 
treasurer of the state or any political subdivision thereof upon notice from 
a collector of taxes under the provisions of RSA 80:7 and the sums so 
withheld and to be withheld by any contractor under the provisions of 
80:7-a and 80:7-b shall be exempt from attachment, garnishment and 
trustee process by any person except in an action or suit brought by the 
collector of taxes to collect such taxes. 

165:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 7, 1961.] 
[Effective date August 6, 1961.] 



CHAPTER 166. 

AN ACT TO ESTABLISH A DEPARTMENT OF SAFETY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

166:1 Declaration of Purpose. The purpose of this act is to im- 
prove the administration of state government by providing unified 
direction of related functions in the field of public safety, a single high- 
way patrol, consolidating criminal enforcement functions in the divi- 
sion of state police, and making possible increased economy and effi- 
ciency from the integrated administration and operation of these and 
other safety functions of the state government. 

166:2 General Provisions. I. Upon the recommendation of the 
commissioner of safety the governor and council are authorized to ap- 
prove such changes in internal administrative departmental organiza- 
tion as the governor and coinicil find from time to time may improve 
or make more economical the administration of the department; pro- 
vided, however, that no such change shall eliminate any then existing 
position within the classified services. 

II. With the approval of the governor and council and of the 
personnel commission the commissioner of safety is authorized to trans- 
fer classified personnel, appropriations or portions thereof relating 
thereto as well as necessary equipment, within or between any division 
of the department; provided, that no such transfer shall eliminate the 
classified position transferred. Vacancies in classified positions occurring 



190 Chapter 166 [1961 

after July 1, 1961 in any department functions to be transferred to the 
new department of safety shall not be filled without the approval of the 
governor and council, provided that after written notification of va- 
cancies to be filled are received by governor and council from depart- 
ment directors, and if no action is taken on these requests within 30 
days, the director of the division concerned may fill such vacancy or 
vacancies forthwith. No permanent classified employee in the state serv- 
ice upon the effective date of this act shall be required to take an ex- 
amination to remain in his position. 

III. Except as may be specifically provided to the contrary in this 
act, nothing herein shall be construed to eliminate any position in the 
classified service of the state or to reduce existing salary or emoluments 
attendant upon any classified position. 

166:3 Department of Safety. Amend RSA by inserting after chapter 
106 the following new chapter: 



CHAPTER 106-A 

Department of Safety 

106-A: 1 Establishment. There shall be a department of safety under 
the executive direction of a commissioner of safety, consisting of a divi- 
sion of state police, a division of motor vehicles and a division of safety 
services. 

106-A:2 Commissioner of Safety. The executive direction of the 
department of safety shall be under a commissioner of safety, who 
shall be appointed by the governor and council. He shall hold office for 
a term of five years from the date of his appointment and until his suc- 
cessor is appointed and qualified. A vacancy shall be filled for the un- 
expired term. It shall be the responsibility of the commissioner to or- 
ganize and direct the work of the department of safety. 

106-A:3 Directors of Divisions. Upon nomination of the commis- 
sioner of safety the governor and council shall appoint a director of 
motor vehicles, a director of state police and a director of safety services, 
each of whom shall serve for a term of four years from the date of his 
appointment and until his successor is appointed and qualified. Any 
vacancy in such office shall be filled for the unexpired term in the same 
manner as the original appointment. It shall be the responsibility of each 
director under the supervision of the commissioner to organize and direct 
the work of his division. 

106-A:4 Salaries. The annual salaries of the commissioner of safety, 
the director of motor vehicles, the director of safety services and the 



1961] Chapter 166 191 

director of state police shall be as provided in RSA 94 as hereinafter 
provided. 

106-A:5 Motor Vehicle Department; Transfer. The motor vehicle 
department, established by RSA 259, as amended, and all its functions, 
powers and duties as therein and otherwise set forth, together with its 
records, property and classified personnel, except as otherwise specifi- 
cally provided herein, is hereby transferred to the department of safety, 
division of motor vehicles. The term of office of the commissioner and 
deputy commissioner of motor vehicles shall expire upon the appoint- 
ment and qualification of the director of motor vehicles provided by 
section 3 of this chapter. 

106-A:6 Substitution of Titles; General Application. Wherever 
the words "commissioner of motor vehicles" appear in the statutes they 
shall henceforth be construed to mean the director of the division of 
motor vehicles of the department of safety except where a different 
meaning is clearly apparent from language or context. 

106-A:7 Motor Vehicle Examiners; Transfer. All motor vehicle 
examiner positions authorized by RSA 259:17 within the existing motor 
vehicle department engaged in inspectional services, and all functions, 
powers and duties connected therewith, are hereby transferred to the 
department of safety, division of state police. 

106-A:8 Road Toll and Financial Responsibility Administrators; 
Appointment. The director of motor vehicles, with the approval of the 
commissioner of safety, shall appoint the following assistants who shall 
serve during the pleasure of the commissioner. 

I. A road toll administrator who shall assume, under the control 
of the director of motor vehicles, the responsibility of the administration 
of the motor vehicle road toll law. The director may delegate to said 
administrator authority to sign and execute any documents pertaining 
to his work and such documents so signed by the administrator shall 
have the same effect as though signed by the director; 

II. A financial responsibility administrator who shall assume, under 
the control of the director of motor vehicles, the responsibility of the 
administration of the motor vehicle responsibility law. The director 
may delegate to said administrator authority to sign and execute any 
documents pertaining to his work and such documents so signed by the 
administrator shall have the same effect as though signed by the director. 

106-A:9 Transfer of Personnel. The road toll administrator in 
office at the effective date of this act shall continue as road toll admin- 
istrator within the department of safety, division of motor vehicles. 

106-A:10 Passenger Tramway Safety Board; Transfer. The func- 
tions, powers and duties of the passenger tramway safety board, estab- 



192 Chapter 166 [1961 

lished pursuant to RSA 225-A (supp) are hereby transferred to the 
department of safety, division of safety services. From and after the 
effective date of this act, decisions and regulations of the passenger tram- 
way safety board shall require the concurrence of the director of safety 
services. 

106-A:11 Registration and Enforcement Functions and Personnel 
of Public Utilities Commission; Transfer. All of the revenues, functions, 
poAvers and duties heretofore held and exercised by the public utilities 
commission under the provisions of RSA 270, except those prescribed 
in sections 7-10 of said chapter, are hereby transferred to the department 
of safety. All of the personnel of the public utilities commission primarily 
engaged in performing services required pursuant to said RSA 270 and 
those primarily engaged in the issuance of registration plates under the 
provisions of RSA 375 and 376, with the exception of the transportation 
director and two inspectors, to be designated by the public utilities 
commission, are likewise transferred to the department of safety. 

106-A:12 Divisions. Those powers, duties, functions and personnel, 
relating to the registration of boats and motors, motor carriers of property 
and motor carriers of passengers, shall be within the division of motor 
vehicles, and all other revenues, duties, functions and personnel, trans- 
ferred by section 11, shall be within the division of safety services. 

106-A:13 Disposition of Revenues and Payment of Fees. All fees 
and fines collected under RSA 270 and all sums received from the state 
treasurer on account of the unrefunded motor vehicle road tolls shall be 
made available to the department of safety, division of safety services, 
for the promotion of the safety of navigation and the administration and 
enforcement of RSA 270. 

106-A:14 Supervision of Navigation, Duties of Department of 
Safety. Wherever the term "commission" is used in RSA 270, relative to 
navigation, it shall be construed to mean the director of safety services, 
department of safety. Wherever the words "public utilities commission" 
appear in RSA 149-A (supp) sections 6, 7, 8, 9 and 11, it shall be con- 
strued to mean department of safety, division of motor vehicles. Wherever 
the words "said commission" appear it shall be construed to mean said 
division. 

106-A:15 State Board of Fire Control; Transfer. The state board 
of fire control, established pursuant to RSA 153, together with all of 
its powers, duties, authority and personnel, is hereby transferred to the 
department of safety, division of safety services. From and after the effec- 
tive date of this act, decisions and regulations of the state board of fire 
control shall require the concurrence of the director of safety services. 

106-A:16 Division of State Police; Transfer. All records, property 
and classified personnel of the department of state police as of the effective 



1961] Chapter 166 193 

date of this act are hereby transferred to the department of safety, divi- 
sion of state police. The term of office of the superintendent of state 
police shall expire upon the appointment and qualification of the direc- 
tor of state police established by section 3 of this chapter. 

166:4 Division of State Police. Amend RSA by inserting after chap- 
ter 106-A, as hereinbefore inserted, the following new chapter: 



CHAPTER 106-B 
The State Police 
106-B: 1 Definitions. As used in this chapter: 

I. "Division" shall mean the division of state police. 

II. "Employee" shall mean any employee of the division. 

III. "Police employee" shall mean any employee who is assigned 
to police work. 

IV. "Commissioner" shall mean the commissioner of safety. 

106-B:2 Division of State Police. There shall be a division of state 
police within the department of safety. The head of the division shall be 
designated director and he shall be appointed by the governor and coun- 
cil, upon the nomination of the commissioner of safety, to serve for a 
term of four years, unless removed for cause, which in respect to this 
office shall consist of misconduct or incompetency. Misconduct shall in- 
clude failure to competently perform his official duties, taking part direct- 
ly or indirectly in a political campaign, rally, caucus or other political 
gathering, other than to vote, or failure to be of good behavior. 

106-B:3 Qualifications of Director. The director shall be a citizen 
of the United States and have had experience in the investigation of crime 
and criminal prosecution at the time of his appointment, and have had 
experience in the enforcement of traffic laws. 

106-B:4 Ranks and Qualifications; Establishment. The director of 
state police shall hold the rank of colonel. Within the division of state 
police there shall be not less than one major, t^vo field officers with the 
rank of captain, six troop commanders ^vith the rank of lieutenant, six 
assistant troop commanders with the rank of sergeant and six corporals- 
at-large. With the exception of classified personnel transferred to the 
division from the department of motor vehicles, every police employee 
shall have had not less than five years' service within the department to 
become eligible for promotion of any type except from probationary 
status to trooper, and no member of the division ^vith less than two years' 
service in a next louver rank shall be eligible for promotion to the next 
higher rank provided that no member of the division shall be eligible 
for promotion in any event, unless his record is free from the commis- 
sion of any major infraction of divisional discipline within the last seven 



194 Chapter 166 [1961 

consecutive years of such service. In addition to the foregoing, the per- 
sonnel commission, with the advice of the director, shall establish suitable 
classification for additional grades, positions and ranks and for each 
classification shall fix standards of health, education, training and ex- 
perience, as "well as the conduct and manner of taking of competitive 
examinations for promotion within the division. 

106-B:5 Director's Authority. Any police employee may be sus- 
pended, discharged or demoted by the director for cause, with the ap- 
proval of the commissioner of safety, but shall be entitled to a public 
hearing before discharge or demotion, but not suspension, if he so re- 
quests in writing addressed to the director not later than ten days after 
notice of said discharge or demotion. 

106-B:6 Training Facilities and Requirements. W^ith the approval 
of the commissioner of safety, the director shall arrange for the training 
of employees of the department and such training facilities as may be 
developed shall be available under such reasonable regulations as he may 
prescribe to any local governmental unit within the state. 

106-B:7 Power to Make Regulations. The director shall have author- 
ity, with the approval of the commissioner of safety, to make such reason- 
able rules and regulations as may be desirable for the efficient admin- 
istration of the division. He may, within the limits of the appropriation 
for said division, employ such civilian employees as may be necessary 
and determine their duties, and may require any employee to give bond. 

106-B:8 Divisional Uniforms and Equipment. With the approval 
of the commissioner, the director shall provide for employees uniforms 
and equipment necessary to the performance of their duties, but all such 
property shall remain the property of the state. All employees of the 
division of state police when in uniform shall wear an identical uniform 
except in respect to such markings as may be utilized to indicate rank. 
The director may sell such uniforms and equipment as shall have become 
damaged, obsolete or otherwise unserviceable and all moneys received 
therefor shall be paid into the state treasury. He shall maintain an in- 
ventory and shall charge against each employee the value of the property 
of the division issued to such employee. If it shall be determined by the 
director that any loss or destruction of such property was due to care- 
lessness or neglect on the part of such employee, the value of such prop- 
erty shall be paid for by such employee and the amount thereof may be 
deducted from such employee's pay. 

106-B:9 Traveling Expenses to be Allowed. With the approval of 
the commissioner, the director shall have authority to approve vouchers 
to be paid out of the division's funds in payment of expenses incurred 
by employees in the discharge of their duties. 

106-B:10 Disposition of Fines and Forfeitures. Any fee for the per- 
formance of an act in line of duty or reward for the apprehension or con- 



1961] Chapter 166 195 

viction of any person, for the recovery of any property, received by or 
payable to an employee, shall be paid by him to the director of motor 
vehicles who shall immediately forward the same to the state treasurer. 
All fines and forfeitures assessed against any violator of any law of the 
state relative to the use and operation of motor vehicles apprehended 
or prosecuted by a police employee shall be sent, except as hereinafter 
provided, by the court collecting the same from such law violator to the 
director of motor vehicles within seven days from their payment, and by 
him immediately paid into the state treasury. The director of motor 
vehicles shall forward to the director of state police such information as 
he may direct relative to said fees and fines. In case of fines collected 
hereunder by a municipal court which would under the provisions hereof 
be payable to the director of motor vehicles the municipal court shall, 
before forwarding, deduct five dollars from each fine and ten per cent of 
that part of the fine which exceeds five dollars. Said fines shall be dis- 
posed of as provided in RSA 502:14 (supp). 

106-B:11 Cooperation with Other Police Forces. The director and 
employees shall cooperate and exchange information with any other law 
enforcement agency both within and without this state, including federal 
authorities, for the purpose of preventing and detecting crime and ap- 
prehending criminals. With the approval of the commissioner of safety, 
the director may, on the request of any responsible offical of any such 
agency, assist such official by detailing to him such police employees, for 
such length of time and under such conditions as the director may deem 
proper. The director may designate for liaison with the offices of the 
respective county attorneys or sheriff such number of state police em- 
ployees as he may deem advisable for each county. 

106-B:12 Authority and Duties of Police Employees. Police em- 
ployees shall be ex-officiis constables throughout the state, shall patrol 
the highways, enforce the highway traffic laws and regulations, enforce 
the motor vehicle laws relative thereto, and the director, division of 
state police, shall report to the director, division of motor vehicles, all 
violations of and prosecutions under the motor vehicle laws. Police em- 
ployees shall have general power to enforce all criminal processes and 
make arrests, under proper warrants, in all counties. They shall not serve 
civil processes. No police employee shall act, be used or called upon for 
service within any town in any industrial dispute unless actual violence 
has occurred therein, and then only upon order of the governor. When 
any police employee shall apprehend any person who has committed or 
attempted to commit a felony the director shall immediately make a 
report to the attorney and the sheriff of the county in which the offense 
was, or was suspected of being, committed and such cases shall be in- 
vestigated and prosecuted by said county officials with the cooperation 
of said police employees. 



196 Chapter 166 [1961 

106-B:13 Power to Take Identification Data. The employees shall 
ha\ e authority to take fingerprints and, in addition thereto, such identifi- 
cation data as shall be prescribed by the director of all persons taken into 
custody by them in the discharge of their duties. 

106-B:14 Criminal Records, Reports. With the approval of the 
commissioner of safety, the director shall make such rules and regula- 
tions as may be necessary to secure records and other information relative 
to persons who have been convicted of a felony or an attempt to commit 
felony ^vithin the state, or who are known to be habitual criminals, or 
■^dio have been placed under arrest in criminal proceedings. Such records 
and information shall not be open to the inspection of any person except 
those ^\'ho may be authorized to inspect the same by the director. The 
clerks of the superior and municipal courts, or if there is no clerk the 
justice thereof, sheriffs, deputy sheriffs, police officers, jailers, and superin- 
tendents of houses of correction shall secure and forward to the director 
all such information as he may direct relative to persons brought before 
said courts or arrested or in the custody of such officers. Any person 
violating the provisions of this section or any rule or regulation made 
hereunder shall be fined twenty-five dollars for each offense. 

106-B:15 Restrictions in Municipalities. A police employee shall 
not act within the limits of any toAvn or city having an organized police 
force, except when he witnesses a crime or is in pursuit of a law violator 
or suspected violator, or when in search of a person -^vanted for a crime 
committed outside its limits, or when in search of a witness of such crime 
or ^\^hen requested to act by an official of another law enforcing agency, 
as provided under section 1 1, or Avhen ordered by the governor. 

106-B:16 Annual Report and Special Reports. On or before July 
thirty-first in each year the director shall make a report as of June 
thirtieth to the commissioner of safety, with a copy to the governor, con- 
cerning the activities of the division. The report shall include such 
recommendations as the director and the commissioner of safety may 
deem desirable. Upon request of the governor, or upon his own initiative, 
the director may at any time submit special reports. 

166:5 Salaries. Amend RSA 94:1 (supp) as amended by 1955, 153:2; 
321:1; 323:4,6; 335:8, 1957, 90:1; 223:2; 274:4,7; 315:2, 1959, 199:4, and 
268:12, by striking out the following lines: "Motor vehicle commissioner. 
Minimum $8866, maximum, $10192" and "Superintendent, state police, 
minimum 8866, maximum 10192" and inserting in the proper alpha- 
betical place the following salaries: 

Minimum Maximum 

Commissioner of safety $ 1 2800 $ 1 4800 

Director of Motor vehicles 9800 1 1 800 

Director of safety services 8800 10800 

Director of state police 9800 1 1 800 



1961] Chapter 166 197 

166:6 Transfer of Funds. Any funds provided in the appropriation 
acts for the year ending June 30, 1962 and the year ending June 30, 1963, 
relating to services and facilities transferred to the department of safety 
are hereby deemed to be appropriated for the same purposes in the new 
department of safety established herein. Provided, however, that specific 
sums appropriated for unclassified personnel, where the positions have 
been changed as to title and duties by this act, shall be deemed to be ap- 
propriated for unclassified positions in the new department hereby cre- 
ated, as the governor and council shall approve. 

166:7 Appropriation. In addition to other funds made available 
to the department of safety there is hereby appropriated the sum of 
thirteen thousand, two hundred dollars for the fiscal year ending June 30, 
1962, or so much thereof as may be necessary, for the salary of the com- 
missioner of safety, and the sum of thirteen thousand and six hundred 
dollars is hereby appropriated for the fiscal year ending June 30, 1963, 
for the salary of the commissioner of safety. The sums hereby appro- 
priated shall be a charge upon revenue received by the departments af- 
fected by this act. Said sums shall be allocated to the various funds in 
proportion to the extent of supervision over each former department. No 
part of the appropriations hereunder shall be a charge against the general 
funds of the state. 

166:8 Retirement Benefits. Any person who is a member of the 
employees retirement system at the effective date of this act and who, be- 
cause of the terms of this act shall be transferred and be reclassified as a 
member of the division of state police or any person ^vho is a member of 
the employees retirement system at the effective date of this act and who 
because of the terms of this act shall be transferred and who shall have 
been a member of the motor vehicle department ^vith inspectors service 
for ten years on the effective date of this act shall have an option to con- 
tinue his membership in the state employees retirement system or may 
transfer his membership in said system to the police retirement system in 
accordance with the provisions of RSA 100:23 and 100:24. 

166:9 Repeal. I. RSA 259:18, 19 and 20, relative to the powers 
and duties of motor vehicle examiners, are hereby repealed. 

II. RSA 259:2, 3 and 4, relative to a commissioner of motor ve- 
hicles, are hereby repealed. 

III. RSA 259:7 and 8, relative to assistants in the department of 
motor vehicles, are hereby repealed. 

IV. RSA 106, relative to the department of state police, is hereby 
repealed. 

166:10 Motor Cai'riers. Amend RSA 376:28 by adding at the end 
thereof the ^vords, except that the costs of issuance of registration plates 
shall be paid therefrom to the department of public safety, division of 



198 Chapter 166 [1961 

motor vehicles, so that said section as amended shall read as follows: 
376:28 Disposition of Revenues. All fees and fines collected pursuant to 
the provisions of this chapter and chapter 375, RSA, shall be made avail- 
able to the commission in a joint account for the purposes of administra- 
tion and enforcement of this chapter and chapter 375, except that the 
costs of issuance of registration plates shall be paid therefrom to the de- 
partment of public safety, division of motor vehicles. 

166:11 Registration Certificates. Amend RSA 375:2 by striking out 
said section and inserting in place thereof the following: 375:2 Common 
Carrier Registration. No person, corporation, partnership, association, 
railroad or railway company, shall operate any motor vehicle, not run- 
ning upon rails or tracks, upon any public highway transporting prop- 
erty for hire as a common carrier, between points within this state, with- 
out first obtaining a registration certificate and special number plates 
from the department of safety, division of motor vehicles and payment 
of the fee therefor as hereinafter prescribed. Before applying for such 
registration certificate and special number plates, the applicant shall 
file ^vith the public utilities commission, hereinafter called the commis- 
sion, the following: 

I. The schedule of rates to be charged applying to the service of 
transportation to be rendered. 

II. An indemnity bond or insurance policy which shall adequately 
provide for the reasonable protection of the owner or owners of the prop- 
erty transported. 

III. The routes over the highways within the state over which it is 
proposed to operate such motor vehicle or vehicles as common carriers. 

If the indemnity bond or insurance policy is satisfactory the com- 
mission shall so certify to the division of motor vehicles, and the division 
of motor vehicles shall issue a registration certificate and special number 
plates upon the payment of said fee. 

166:12 Contract Carriers. Amend RSA 375:3 by striking out the 
same and inserting in place thereof the following: 375:3 Contract Carrier 
Registration. The term contract carrier as used herein shall include every 
person, firm, or corporation transporting property for hire by motor 
vehicle on any public way in this state, other than common carriers, those 
transporting products of their own manufacture or labor, and those ex- 
empt in section 4. Whether or not any person, firm or corporation is so 
transporting property shall be a question of fact. No contract carrier 
shall operate any motor vehicle for the transportation of property for 
hire on any public way between points within this state without first ob- 
taining a registration certificate and special number plates from the 
department of safety, division of motor vehicles, and payment of the fee 
therefor as hereinafter prescribed. If any contract carrier operates upon 
any public way in this state in competition with any common caiTier or 



1961] Chapter 166 199 

common carriers, such contract carrier shall file with the commission 
the rates, rules, or regulations applying to such service, provided, how- 
ever, that such filing shall not be necessary if property is to be transported 
tor any common carrier ^vhen the rates charged the public for the trans- 
portation of such property are filed with the commission. 

166:13 Payment of Fees. Amend RSA 375:8 (supp) as amended by 
1959, 227:1, by striking out said section and inserting in place thereof the 
following: 375:8 Fees. There shall be paid to the department of safety, 
division of motor vehicles annually the following fees: 

I. For each application for registration certificate and number plates 
as a common carrier, five dollars; 

II. For each application for registration certificate and number 
plates as a contract carrier, three dollars; 

III. For each transfer of a motor vehicle registration certificate of 
a common or contract carrier of property, one dollar; 

IV. A copy of said certificate and the number plates shall at all 
times be displayed on each motor vehicle to which they are assigned. 
Plates shall not be changed from one vehicle to another without the con- 
sent of the commission and certification thereof to the division of motor 
vehicles. No certificate issued hereunder shall be effective after midnight 
upon the thirty-first day of March next following the date of its issue. 
The department of safety, division of motor vehicles, shall deduct from 
the fees received hereunder the actual cost of issuing such registration 
certificate and number plates, and shall forward the balance to the com- 
mission to be used by it in the administration of this chapter. 

166:14 Revocation and Suspension. Amend RSA 375:10 by striking 
out the same and inserting in place thereof the follo^ving: 375:10 Revo- 
cation. The public utilities commission shall have authority, after notice 
and hearing, to cause to be suspended or revoked any registration certifi- 
cate issued in accordance "with the provisions of this chapter for violation 
of the provisions hereof. Upon a determination that such registration 
certificate should be suspended or revoked the commission shall so certify 
to the division of motor vehicles, and said division shall thereupon revoke 
such registration certificate or suspend the same for the period specified 
by the commission. 

166:15 Certificates of Motor Carriers; Suspension; Change and 
Revocation. Amend RSA 376:10 by inserting at the end thereof the fol- 
lo^v'ing sentence, "ivhenever the commission shall suspend, revoke or 
terminate such certificate, it shall so certify to the division of motor ve- 
hicles, and said division shall thereupon revoke or terminate the registra- 
tion of each vehicle operated under the provisions of such certificate or 
permit issued under the provisions of RSA 376:24, or suspend the same 
for such period as the commission shall designate in such certification, 



200 Chapter 166 [1961 

so that said section, as amended, shall read as follows: 376:10 Suspension, 
Change and Revocation of Certificates and Permits. Certificates and 
permits issued under the provisions of this chapter authorizing operations 
as a motor carrier shall be effective from the date specified therein and 
shall remain in effect until suspended, revoked or terminated as herein 
provided. The commission may, after notice and hearing, upon applica- 
tion or upon its o^vn initiative amend, suspend, or revoke any such certifi- 
cate or permit, in whole or in part, for wilful failure to comply with any 
provision of this chapter or with any lawful order, rule or regulation of 
the commission promulgated thereunder or with any term, condition or 
limitation of such certificate or permit. Whenever the commission shall 
suspend, revoke or terminate such certificate, it shall so certify to the 
division of motor vehicles, and said division shall thereupon revoke or 
terminate the registration of each vehicle operated under the provisions 
of such certificate or permit issued under the provisions of RSA 376:24, 
or suspend the same for such period as the commission shall designate in 
such certification. 

166:16 Motor Carriers of Passengers. Amend RSA 376:24 by strik- 
ing out the same and inserting in place thereof the following: 376:24 
Vehicles to be Registered. Each motor carrier holding a certificate or a 
permit under the provisions of this chapter shall annually apply to the 
department of safety, division of motor vehicles, on blanks to be fur- 
nished by it, for the registration of each vehicle operated under the pro- 
visions of such certificate or permit and pay to said department fees as 
provided for in section 25. Upon receipt of such application and fee a 
distinguishing number plate or plates and registration certificate shall 
be furnished by the division for each vehicle applied for and said plates 
shall be prominently displayed on the vehicle in such manner as the 
director of the division shall prescribe. No such plates shall be trans- 
ferred from one vehicle to another, except upon authority and with the 
consent of the public utilities commission which said authority and con- 
sent shall be certified by the commission to the division, and the payment 
of the fees prescribed in said section 25. Registration certificates and 
number plates issued under the provisions of this section shall be used 
coincidental with, and shall expire with the corresponding registration 
certificate and number plates issued by the division of motor vehicles, 
department of safety, of this state under the provisions of title XXI, RSA: 
provided, however, that if the vehicle so registered as a motor carrier is 
not registered with the division of motor vehicles, department of safety 
of this state under said title XXI, said carrier registration certificate and 
number plates shall expire on March thirty-first next following the date 
of issue. 

166:17 Takes Effect. Insofar as the limitation on filling vacancies 
is concerned, as set forth in paragraph II of section 2 of this act, the effec- 
tive date shall be July 1, 1961. The remaining provisions of this act shall 



1961] Chapter 167 201 

take effect July 1, 1962, unless the governor by proclamation prescribes 
an earlier effective date which, however, shall not be earlier than July 1, 
1961, in which event said remaining provisions shall take effect on the 
date so prescribed by the governor. 
[Approved June 13, 1961.] 
[Effective date as specified.] 



CHAPTER 167. 

AN ACT RELATIVE TO SPECIAL FISH AND GAME LICENSES FOR NONRESIDENT 
MEMBERS OF THE ARMED FORCES OF THE UNITED STATES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

167:1 Members of the Armed Forces. Amend RSA 214:4 by striking 
out said section and inserting in place thereof the following: 214:4 Mili- 
tary Personnel. Military personnel and their dependents permanently 
stationed at military bases within the state are eligible to purchase hunt- 
ing and fishing licenses at the same fee as is charged a legal resident of 
the state. These licenses are to be issued only at military installations 
within the state or from the fish and game department headquarters. 

167:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1961.] 
[Effective date August 13, 1961.] 



CHAPTER 168. 

AN ACT AUTHORIZING CITIES AND TOWNS TO CONSTRUCT MOVING SIDEWALKS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

168:1 Town Appropriations. Amend RSA 31:4 by inserting after 
paragraph XXXVI (supp) as inserted by 1961, 81:1 the following new 
paragraph: XXXVII. Moving Sidewalks. To construct, operate and 
maintain within the limits of a public highway, moving sidewalks or 
other mechanical devices for the transportation of persons from one grade 
to another. 

168:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1961.] 
[Effective date August 13, 1961.] 



202 Chapter 169 [1961 

CHAPTER 169. 

AX ACT EXTENDING THE PROVISIONS OF LAW RELATIVE TO AN ACCELERATED 
HIGHWAY AND CONSTRUCTION AND IMPROVEMENT PROGRAM. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

169:1 Extension of Provisions. The provisions of 1959, 276 relative 
to providing funds for an accelerated highway construction and improve- 
ment program for the state is hereby extended and made applicable dur- 
ing the 1962, 1963 biennium. Any balance of the funds provided by said 
chapter shall be expended under the direction of the commissioner of 
public works and highways for the purposes as provided by said chapter 
276. 

169:2 Maturity of Bonds. Amend 1959, 276:3 by striking out said 
section and inserting in place thereof the following: 276:3 Form. The 
governor and council shall determine the form of such notes or bonds, 
their rate of interest, the dates when interest shall be paid, the places 
where principal and interest shall be paid and the time or times of issue. 
The maturity dates of such notes or bonds shall be determined by the 
governor and council, and may be redeemable before maturity at the 
option of the governor and council, at such price or prices and under such 
terms and conditions, as may be fixed by the governor and council prior 
to the issuance of the bonds. Such bonds or notes shall be signed by the 
treasurer and countersigned by the governor. The treasurer may sell 
such bonds or notes under the direction of the g;Overnor and council. 

169:3 Limitation. Not more than six million dollars of the thirty- 
one million dollars appropriated by 1959, 276:1 may be expended for 
the acquisition of right-of-ways, construction or reconstruction on the 
system of state highways where federal matching funds are not available. 
Any part of said thirty-one million dollars expended prior to the eflFective 
date of this act for the acquisition of right-of-ways, construction or recon- 
struction on the system of state highways where federal matching funds 
were not available shall be included in said six million dollar limitation. 

169:4 Repeal. Laws 1959, 276:6 relative to a requirement for prior 
approval of certain highway work by departments of the federal govern- 
ment, is hereby repealed. 

169:5 Takes Effect. Due to the emergency nature of this act it shall 
take effect upon its passage. 
[Approved June 14, 1961.] 
[Effective date June 14, 1961.] 



1961] Chapter 170 203 

CHAPTER 170. 

AN ACT RELATIVE TO RECLASSIFICATION OF ROADS IN COLEBROOK AND 
STEWARTSTOWN AND THE EAST SIDE RIVER ROAD IN THE TOWN OF MILAN. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

170:1 Colebrook and Stewartstown. Amend RSA 231 by inserting 
after section 6 the following new section: 231:6-a Class III Recreational 

Roads. In addition to the roads classified as Class III recreational roads 
by RSA 231:6 the department of public works and highways shall assume 
full control of reconstruction and maintenance of the following roads 
which shall be known as recreational roads: I. The Diamond Pond road 
in the towns of Colebrook and Stewartstown starting at the northerly end 
of Class II highway northerly of Upper Kidderville in Colebrook and 
running to and ending at Diamond Pond in Stewartstown. II. The 
Annett state park road in the town of Rindge beginning at the Cathedral 
of the Pines and running to said Annett state reservation. 

170:2 Repeal. Laws 1959, 235 being a special act to reclassify a 
road in the town of Rindge, is hereby repealed, since said road is hereby 
made a part of the recreational road by paragraph II RSA 231:6-a. 

170:3 Road in Milan. That section of the so-called East Side River 
road in the town of Milan (now a class V highway) beginning at the 
Berlin-Milan line and extending northerly about three and one-half 
miles to the present class II highway near the bridge over the Androscog- 
gin river at Milan is hereby classified as a class II highway. 

170:4 Takes Effect. This act shall take effect upon its passage. 
[Approved June 14, 1961.] 
[Effective date June 14, 1961.] 



CHAPTER 171. 

AN ACT PROHIBITING USE OF CERTAIN BOATS ON ABBOTT FOREST POND IN 

STODDARD, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

171:1 Restrictions on Boating. Amend RSA 486:1 by striking out 
said section and inserting in place thereof the following: 486:1 Lake 
Whittemore and Abbott Forest pond in Stoddard. On and after the date 
of the passage of this act, no person shall use or operate any motor boat 
or other boat equipped with an outboard motor on the waters of Lake 



204 Chapter 172 [1961 

"Whittemore in the to-^vn of Bennington or on the Avaters of Abbott Forest 
pond in the town of Stoddard. 

171:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 14, 1961.] 
[Effective date June 14, 1961.] 



CHAPTER 172. 

AN ACT RELATIVE TO JURISDICTION OF DIRECTOR OF TOBACCO PRODUCTS 

DIVISION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

172:1 Unfair Sales. Amend RSA 78:23 by striking out said section 
and inserting in place thereof the following: 78:23 Jurisdiction of 
Director. The director of the tobacco products division of the state tax 
commission shall have concurrent power to enforce and restrain violations 
of the provisions of RSA 358, as they apply to the retail sale of tobacco 
products. 

172:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 14, 1961.] 
[Effective date June 14, 1961.] 



CHAPTER 173. 

AN ACT RELATIVE TO NOTICE TO DEPARTMENT OF EMPLOYMENT SECURITY OF 
LICENSED EMPLOYMENT OFFICES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

173:1 Licensed Employment Offices. Amend RSA 274 by inserting 
after section 6 the following new section: 274:7 Notice to Department of 
Employment Security of Issue of Licenses. The clerk of the city or town 
in Tvhich any license is granted shall on June 1 of each year send to the 
New Hampshire department of employment security a record of all li- 
censes granted under the provisions of section 3 during the immediately 
preceding eighteen months together with information required by said 
section. 

173:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1961.] 
[Effective date August 13, 1961.] 



1961] Chapter 174 205 

CHAPTER 174. 

AN ACT ESTABLISHING THE OFFICE OF JUDICIAL REFEREE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

174:1 New Chapter. Amend RSA by inserting after chapter 493 the 
following new chapter: 

Chapter 493-A 
Judicial Referees 

493-A: 1 Judicial Referees, Powers and Duties. Each justice of the 
supreme or superior court ^v^ho shall hereafter be retired therefrom by 
reason of age limitation after having served on either or both of said 
courts prior to such retirement for an aggregate period of ten or more 
years however combined and ^vhether before or after the passage of this 
act shall upon retirement become a judicial referee. A judicial referee 
may be assigned to hear and determine particular cases in either court 
or may be assigned by the chief justice of the superior court to assist a 
presiding justice of said court in any county in the general disposition of 
any matters pending in such court; provided however that he shall not be 
authorized to preside at trials by jury or to enter judgments. A judicial 
referee shall have authority to administer oaths. In addition to any powers 
hereby granted, he shall have all the powers of a referee, auditor, or 
master as provided by statute or rule of court, and the procedure in hear- 
ings before him shall be the same as is or may be provided by applicable 
law or rule of court. Judicial referees shall be allo^ved actual expenses 
and office rent as provided for justices of the superior court. They shall 
be subject to the same disqualifications with respect to the practice of 
law as are provided by RSA 492: 1. 

493-A:2 Compensation. Any judicial referee, and any justice retired 
under the provisions of RSA 490:2 or RSA 491:2 after having served as 
hereinbefore provided for ten or more years, shall as additional compen- 
sation for services rendered after the date of enactment of this statute and 
as compensation for any services which he may render as judicial referee 
be paid as long as he shall serve as such an annual sum equal to three- 
fourths of the currently effective annual salary of an associate justice 
of the court from which he is retired, payable in the same manner that 
salaries of justices are paid. Such payments shall be a charge against the 
biennial appropriations for the superior court and included by the comp- 
troller in its requests for appropriations and shall be in lieu of any rights 
or benefits under RSA 490:2 or 491:2 to which such justice would other- 
wise be entitled. Any justice who is a member of the state employees re- 
tirement system may terminate his membership at any time after the 
passage of this act and thereupon any accumulated contributions as de- 
fined in RSA 100 shall be paid over to him on written request. No justice 



206 Chapter 175 [1961 

whose membership is not so terminated before his retirement shall be 
eligible for payments under this section. 

493-A:3 Findings and Rulings. All questions of law with respect to 
findings and rulings of a judicial referee assigned to the superior court, 
including the question of the sufficiency of the evidence to support such 
findings, may in the discretion of said court be transferred to the supreme 
court without hearing or ruling by the superior court. 

174:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 15, 1961.] 
[Effective date August 14, 1961.] 



CHAPTER 175. 

AN ACT RELATIVE TO THE SALARY OF THE SHERIFF OF ROCKINGHAM COUNTY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

175;1 Salary. Amend RSA 104:29 (supp) as amended by 1955, 172:1; 
1955, 247:1; and 1957, 156:1 by striking out the words "In Rockingham 
fifteen hundred dollars" in the third line. Further amend said section by 
striking out the last line thereof "The salary of the sheriff of Grafton 
County shall be paid monthly" and insert in place thereof the following: 
In Rockingham the annual salary of the sheriff shall be eighty-five hun- 
dred dollars and shall be payment in full for all his services to the county. 
He shall not be entitled or be paid any fee for services performed for 
the state, county, any political subdivision or any court. The county shall 
provide him with suitable transportation and he shall not be allowed 
the established rates for mileage allowable to other sheriffs. He shall be 
allowed reasonable expenses incurred during the performance of his 
duties and such expenses shall be subject to the approval of a justice of 
the superior court. The salaries of the sheriffs of Grafton and Rocking- 
ham counties shall be paid monthly, so that said section as amended shall 
read as follows: 104:29 Salaries of Sheriffs. The annual salaries of the 
sheriffs of the several counties shall be as follows: 

In Strafford, two thousand dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, two thousand four hundred dollars. 

In Cheshire, fifteen hundred dollars. 

In Sullivan, eight hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, two thousand dollars. 



1961] Chapter 176 207 

In Rockingham the annual salary of the sheriff shall be eighty-five 
hundred dollars and shall be payment in full for all his services to the 
county. He shall not be entitled or be paid any fee for services performed 
for the state, county, any political subdivision or any court. The county 
shall provide him with suitable transportation and he shall not be al- 
lowed the established rates for mileage allowable to other sheriffs. He 
shall be allowed reasonable expenses incurred during the performance 
of his duties and such expenses shall be subject to the approval of a justice 
of the superior court. The salaries of the sheriffs of Grafton and Rocking- 
ham counties shall be paid monthly. 

175:2 Takes Effect. This act shall take effect July 1, 1961. 
[Approved June 15, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 176. 

AN ACT RELATING TO CONSTITUTIONAL CONVENTIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

176:1 New Chapter. Amend Title IV of the Revised Statutes An- 
notated by inserting after Chapter 68 the following new chapter: 

CHAPTER 68-A. 
Constitutional Conventions 
68-A:l Delegates; Election. Whenever the qualified voters of 
the state under the provisions of the constitution shall determine that 
there is necessity for the calling of a convention to revise the constitution, 
the general court shall, as is required by the constitution, call such con- 
vention and shall set the day for the election of delegates and the day 
and time for the assembly of said delegates in the capitol at Concord. 

68-A:2 Delegates; Eligibility. Any person shall be eligible to a 
seat in the convention who by the laws of this state is a qualified voter 
in the town or ward from which he may be elected. 

68-A:3 Delegates; Number. Delegates shall be proportioned as 
representatives to the general court are, except that each town shall be 
entitled to at least one delegate. 

68-A:4 Secretary of State; Duties. The secretary of state shall pre- 
pare and furnish to the towns and wards necessary material, including 
certificates of election, for a record of the choice of all delegates. 

68-A:5 Organization. The delegates chosen shall assemble in con- 
vention in Concord on the day and time specified in the call by the gen- 



208 Chapter 176 [1961 

eral court and shall proceed to organize by choosing one of their number 
by ballot to serve as president, and such other officers as they deem neces- 
sary; they shall be the judges of election and returns of their own mem- 
bers, and may establish rules of proceedings and proceed to recommend 
constitutional amendments. 

68-A:6 Books and Papers Furnished. The secretary of state shall 
furnish to the convention such books, papers, stationery and printing as 
the convention shall require or order. 

68-A:7 Amendments. The amendments to the constitution as are 
agreed to by such convention shall be submitted so that they can be voted 
on by the qualified voters either separately or by groups as the convention 
may determine. The convention shall prescribe the time and mode of 
submitting amendments to the voters for their approval, shall provide 
for ascertaining the voters' decision and the publication of the same by 
executive proclamation which shall be the effective date unless other- 
wise determined by the convention, and may do any and all other things 
necessary to carry out the purposes of the convention. 

68-A:8 Compensation. Each delegate shall receive three dollars 
a day for his attendance on the convention and the same allowance for 
mileage as is provided for members of the general court. 

68-A:9 Resignation. A delegate to a constitutional convention 
may resign his office as such by filing his intention of resignation in writ- 
ing with the secretary of state. The resignation shall become effective 
^v^hen approved in -writing by the president of the constitutional conven- 
tion. 

68-A:10 Death or Removal. Whenever a delegate to a constitu- 
tional convention shall decease or remove from the town or -ward in 
which he was elected, the clerk of such to^vai and the city clerk of the 
city in which such ward is located shall notify the secretary of state of 
such death or removal. 

68-A:ll Election to Fill Vacancies. The vacancy caused by the 
death, resignation or removal from a town or ward of a delegate may be 
filled by a special election held in said town or ward. Said special elec- 
tion may be held on the same day as another meeting of the town or ward 
is held or at a different time. An article therefor shall be inserted in the 
warrants calling said meeting and all the laws relating to the election of 
representatives to the general court, so far as the same may be applicable, 
shall apply to the special election to fill vacancy in the office of delegate. 

176:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 15, 1961.] 
[Effective date June 15, 1961.] 



1961] Chapter 177 209 

CHAPTER 177. 

AN ACT PROVIDING FOR TRAINING IN SAFE HANDLING OF FIREARMS BY 

CERTAIN MINORS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

177:1 Course of Instruction for Certain Minors. Amend RSA 214 
by inserting after section 23 the following new subdivision: 

Handling of Firearms by Minors 
23-a Certificate of Competency Required for Certain Minors. On 

and after January 1, 1963 no hunting license shall be issued to any res- 
ident or non-resident person between the ages of sixteen and nineteen 
unless he presents to the person authorized to issue such license either: 
(1) evidence that he held a. hunting license issued under the provisions 
of this chapter effective for the year prior to application, or (2) a certifi- 
cate of competency as provided under this subdivision, or (3) satisfactory 
proof that he is or has been a member of any branch of the armed forces 
of the United States including any women's auxiliary unit. 

23-b Program. The director is authorized to establish a program 
for training persons in the safe handling of firearms and for this purpose 
may cooperate with any public or private association or organization 
having as one of its objectives the promotion of safety in firearms han- 
dling. The director shall prescribe the type of instruction, qualifications 
of the instructors and time and place of examination, the successful com- 
pletion of ^vhich shall qualify a person for said certificate of competency. 

23-c Instructors. Each instructor authorized by the director to 
conduct the program for training in safe handling of firearms by minors 
shall be covered by liability insurance protecting him from liability for 
damages during the time when instruction is being furnished. The cost 
of such insurance shall be borne by the state and shall be a charge against 
the fish and game fund. 

177:2 Takes Effect. This act shall take effect January 1, 1963. 
[Approved June 15, 1961.] 
[Effective date January 1, 1963.] 



CHAPTER 178. 

AN ACT PROVIDING FOR CONTROL OF AQUATIC NUISANCES ON LAKE 

WINNISQUAM. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

178:1 Appropriation. The sum of twenty-four thousand dollars is 
hereby appropriated to be expended by the water pollution commission 



210 Chapter 179 [1961 

in the chemical control of aquatic nuisances in the waters of Lake Win- 
nisquam. The commission is authorized to utilize such methods of ap- 
plication and to engage such personnel and equipment as, in its judg- 
ment, ^vill provide optimum control results in the waters to be treated. 
The sum hereby appropriated shall be a charge upon the general funds 
of the state and the governor is authorized to draw his warrant for said 
sum out of any money in the treasury not otherwise appropriated. 

178:2 Reports. Monthly progress reports shall be made by the com- 
mission to the legislative budget assistant in such form as he may require. 

178:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1961.] 
[Effective date June 20, 1961.] 



CHAPTER 179. 

AN ACT RELATIVE TO THE DEPARTMENT OF EMPLOYMENT SECURITY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

179:1 General Counsel o£ the Department of Employment Security. 

There shall be a general counsel of the department of employment se- 
curity and the legal affairs of said department shall be under his direction 
and control. The commissioner of the department of employment secur- 
ity, subject to the approval of the governor, shall appoint the general 
counsel Avho shall be licensed to practice law in New Hampshire and 
shall have been engaged in the practice of law for not less than five years, 
and who shall hold office during good behavior. The general counsel may 
be removed by the governor and council only as provided in RSA 4:1. 
All provisions of RSA 94 (supp) which apply to the position of assistant 
attorney general shall equally apply to the position of general counsel. 
On the effective date of this act the attorney III in the department of 
employment security shall become the general counsel and shall be placed 
in the corresponding step in the new salary range as his length of service 
justifies. 

179:2 Counsel. There shall be one or more counsel in the depart- 
ment of employment security under the direction and control of the 
general counsel. The counsel shall be appointed by the commissioner of 
the department of employment security and shall be licensed to practice 
law in New Hampshire and shall have been engaged in the practice of 
law for not less than three years, and who shall hold office during good 
behavior. The counsel may be removed by the governor and council only 
as provided in RSA 4:1. AH provisions of RSA 94 (supp) which apply to 
the position of assistant attorney general shall equally apply to the posi- 



1961] Chapter 180 211 

tion of counsel, except that the annual salary shall in each step be seven 
hundred dollars less. On the effective date of this act the attorney II in 
the department of employment security shall become counsel and shall 
be placed in the corresponding step in the new salary range as his length 
of service justifies. 

179:3 Takes Effect. This act shall take effect July 1, 1961. 
[Approved June 20, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 180. 

AN ACT RELATIVE TO PAYMENT OF EXPENSES OF THE 1959 SESSION OF THE 
CONSTITUTIONAL CONVENTION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

180:1 Appropriation. The sum of fifteen thousand dollars is hereby 
appropriated to be expended through the office of the comptroller for 
per diem and mileage for members attending the special session of 1959 
of the constitutional convention, for payroll and mileage for attaches 
serving at such session, and for the printing and distribution of the jour- 
nal of the proceedings of such session. The governor is authorized to 
drawn his warrant for the sum hereby appropriated out of any money in 
the treasury not otherwise appropriated. 

180:2 Payment to Estates. In case any member entitled to per diem 
and mileage under the provisions of section 1 hereof shall have deceased 
prior to the effective date of this act the amounts due on account of his 
attendance at said session shall be paid to his estate. 

180:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1961.] 
[Effective date June 20, 1961.] 



CHAPTER 181. 

AN ACT PROVIDING FUNDS FOR THE PERAMBULATION OF THE MAINE-NEW 
HAMPSHIRE BOUNDARY LINE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

181:1 Perambulation of Boundary Line. In accordance with the 
provisions of RSA l:8-a-l:8-c the boundary line between the state of New 



212 Chapter 182 [1961 

Hampshire and the state of Maine, as established and marked on land 
under the provisions of chapter 115 of the Laws of 1947 shall be peram- 
bulated and the line marked and bounds renewed. There is hereby ap- 
propriated the sum of five thousand dollars to carry out the provisions 
of this act. The governor is authorized to draw his warrant for the sum 
hereby appropriated out of any money in the treasury not otherwise 
appropriated. 

181:2 Limitation. The perambulation provided for in the preced- 
ing section shall be made at any time during the calendar years 1961 or 
1962 provided that no work shall be done or money expended hereunder 
until or unless the state of Maine shall have appropriated funds for the 
same purpose. 

181:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 20, 1961.] 
[Effective date June 20, 1961.] 



CHAPTER 182. 

AN ACT INCREASING THE STATE GUARANTEE OF MUNICIPAL BONDS ISSUED 
FOR WATER POLLUTION PROJECTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

182:1 State Guarantee. Amend RSA 149:5 (supp) as amended by 
1957, 213:2 by striking out the word "ten" in the first sentence and in- 
serting in place thereof the word, fifteen, so that said section as amended 
shall read as follows: 149:5 State Guarantee. In view of the general pub- 
lic benefits resulting from the elimination of pollution from the public 
'^v^aters of the state, the governor and council are authorized in the name 
of the state of New Hampshire to guarantee unconditionally, but at no 
time in excess of the total aggregate sum for the entire state of fifteen 
million dollars, the payment of all or any portion, as they may find to 
be in the public interest, of the principal of and interest on any bonds or 
notes issued by any municipality, town, city, county, or district for con- 
struction of sewage systems, sewage treatment and disposal plants, or 
other facilities necessary, required or desirable for pollution control, 
and the full faith and credit of the state are pledged for any such guar- 
antee. The state's guarantee shall be endorsed on such bonds or notes 
by the state treasurer; and all notes or bonds issued with state guarantee 
shall be sold (1) at public sealed bidding, (2) after publication of adver- 
tisement for bids, (3) to the highest bidder. Any and all such bids may be 
rejected and a sale may be negotiated with the highest bidder. In the 



1961] Chapter 183 213 

event of default in payment of any such notes or bonds, the state may 
recover any losses suffered by it by action against the town as provided 
in RSA 530. 

182:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 21, 1961.] 
[Effective date August 20, 1961.] 



CHAPTER 183. 

AN ACT RELATIVE TO RETIRED MEMBERS OF THE POLICEMEN'S RETIREMENT 

SYSTEM. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

183:1 Additional Allowances for Certain Retired Permanent Police- 
men. Any retired permanent policeman whose retirement benefit under 
the provisions of RSA 103 is less than one hundred dollars per month 
and who retired prior to May 1, 1961, shall, beginning with the month of 
January 1962, and monthly thereafter, but not beyond the month of 
December 1962, receive an additional monthly retirement allowance 
equal to twice the amount by which his regular monthly retirement 
benefit is less than one hundred dollars. 

183:2 Appropriation. In addition to any other sums appropriated 

for the policeman's retirement system there is hereby appropriated the 
sum of ten thousand dollars for the purpose of providing funds for the 
payment of the additional monthly retirement allowances provided for 
by section 1. The governor is authorized to draw his warrant for the sum 
hereby appropriated out of any money in the treasury not otherwise 
appropriated. 

183:3 Takes Effect. This act shall take effect January 1, 1962. 
[Approved June 21, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 184. 

AN ACT NAMING THE KANCAMAGUS HIGHWAY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

184:1 Highway Named. The Federal Forest Highway, also known 
as the New Hampshire Forest Highway 8, in the towns of Lincoln, Liver- 



214 Chapter 186 [1961 

more, Waterville, Albany and Conway, classified as a class II highway 
by 1957, 268, shall hereafter be known as the Kancamagus Highway and 
the commissioner of public ^vorks and highways shall properly designate 
said highway by signs thereon. 

184:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 22, 1961.] 
[Effective date June 22, 1961.] 



CHAPTER 185. 

AN ACT RELATIVE TO THE ISSUANCE OF SHORT TERM LOANS FOR HIGHW^AY 

PURPOSES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

185:1 Short Term Loans. Amend 1959, 139:1 by striking out the 
word "ten" in the eighth line and inserting in place thereof the word, 
fifteen, so that said section as amended shall read as follows: 139:1 Short 
Term Loans. If money due from the state on account of expenditures 
for highway purposes is demanded and there are not sufficient funds in 
the highway funds in the treasury available for the payment of the same 
the treasurer, under the direction of the governor and council, is author- 
ized to borrow on the state's credit at the lo^v^est rate of interest obtainable 
on short term loans, such sums as may be necessary but the entire indebt- 
edness incurred under this section shall not exceed the sum of fifteen 
million dollars at any one time. The short term loans authorized here- 
under shall be repaid from highv/ay income or from federal reimburse- 
ment for highway purposes. 

185:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 22, 1961.] 
[Effective date June 22, 1961.] 



CHAPTER 186. 

AN ACT RELATIVE TO LICENSES FOR TAKING CLAMS AND OYSTERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

186:1 Clams and Oysters. Amend RSA 211 by inserting after sec- 
tion 62-a (supp) as inserted by 1959, 194:2 the following new section: 
211:62-b Agents' Fees. Agents who are authorized to issue licenses under 
the provisions of RSA 211:62-a shall be entitled to retain for each such 



1961] Chapter 187 215 

license issued the sum of twenty cents and shall remit to the fish and 
game department the balance of the fee, namely one dollar and eighty 
cents. The action by any agent prior to July 1, 1961, in retaining for his 
own use twenty cents for each such license issued is hereby ratified and 
confirmed. 

186:2 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved June 22, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 187. 

AN ACT TO PROVIDE FOR RECORDING OF INSTRUMENTS AND ACTS IN 
UNINCORPORATED PLACES WHICH HAVE NO CLERK. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

187:1 Place of Record. Amend RSA 53 by adding at the end there- 
of the following new subdivision: 

Recording 
53:7 Recording When No Clerk. Any instrument, paper or act 
which is required by law to be recorded in the office of the clerk of a 
town, the identity of which town is determinable by the location of a 
person's residence or place of business, the location where personal prop- 
erty is kept, or any similar standard of location, may, if such location is 
in an unincorporated or unorganized place having no clerk, be recorded 
in the office of the register of deeds for the county in which such unin- 
corporated or unorganized place is situated; and any such recording shall 
be valid and lawful to the same extent as if it had been recorded in the 
office of the proper town clerk. 

187:2 Takes Effect. This act shall take effect July 1, 1961. 
[Approved June 22, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 188. 

AN ACT TO INCLUDE WILD ANIMALS WITH RESPECT TO OPEN SEASONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

188:1 Fish and Game Definitions. Amend the definitions of open 
and closed season found in RSA 207:1 by inserting after the word "game" 



216 Chapter 189 [1961 

■^viiere it occurs in said definitions the word, wild, so that said definitions 
as amended shall read as follows: 

Open Season: That period of time during which fish, game, wild or 
fur-bearing animals may be legally taken or killed. 

Closed Season: That period of time during which fish, game, wild or 
fur-bearing animals may not be taken or killed, and all periods of time not 
included "\vithin the open season. 

188:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 21, 1961.] 
[Effective date August 21, 1961.] 



CHAPTER 189. 

AN ACT TO ENLARGE THE RIGHTS OF STUDENTS UNDER TWENT\'-ONE YEARS OF 
AGE TO CONTRACT TO BORROW MONEY TO FINANCE HIGHER EDUCATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

189:1 Rights of Minors to Borrow Money for Educational Expense. 

Amend RSA 193:26 (supp) by striking out said section and inserting in 
place thereof the following new section: 193:26 Powers of Minors to 
Borrow for Educational Expense. Notwithstanding any statutory pro- 
visions or rule of law to the contrary, any minor who contracts to borrow 
money to defray the expenses of attending any institution of higher edu- 
cation, shall have full legal capacity to act in his own behalf and shall 
have all the rights, powers and privileges and be subject to the obligations 
of persons of full age with respect to any such contracts. 

189:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1961.] 
[Effective date August 21, 1961.] 



CHAPTER 190. 

AN ACT RELATIVE TO THE REGISTRATION AND LICENSING OF GUIDES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

190:1 Licensing of Guides. Amend RSA 215 by adding after section 
2 the following new section: 215:2-a Information; Register of Licensed 



1961] Chapter 191 217 

Guides. The director shall furnish a copy of the rules and regulations 
under which such licenses are issued, with the necessary application form 
to applicants for license under this chapter. The director shall maintain 
a register of all persons licensed as guides in this state. 

190:2 Change in Fees. Amend RSA 215:4 by striking out said sec- 
tion and inserting in place thereof the following: 215:4 Fee for License. 
Every resident applicant for a license as a guide to hunt shall pay to the 
director therefor the sum of four dollars. Every resident applicant for a 
license as a guide to fish shall pay to the director therefor the sum of 
four dollars. Every resident applicant for a license as a guide to hunt 
and fish shall pay to the director therefor the sum of six dollars. Every 
non-resident applicant for a license as a guide to hunt or fish, or the com- 
bination shall pay to the director therefor the sum of thirty dollars. 

190:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1961.] 
[Effective date August 21, 1961.] 



CHAPTER 191. 

AN ACT RELATIVE TO POLICEMEN'S RETIREMENT SYSTEM, THIRTY YEAR PLAN. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

191:1 Policemen's Retirement. Amend RSA 103:7 (supp) as amend- 
ed by 1957, 50:2; 189:1, by striking out said section and inserting in place 
thereof the following: 103:7 Retirement Fund; Assessment on Salaries. 
The retirement and other compensation provided for by this chapter 
shall be paid out of a retirement fund, which shall consist of all moneys 
collected from assessments or appropriations or gifts provided for herein. 
At the beginning of each fiscal year the board shall fix the applicable rate 
of assessment upon the annual salaries of all permanent policemen ^vho 
accept the provisions hereof. Prior to July 1, 1953 such rate shall be four 
per cent, commencing July 1, 1953 and prior to July 1, 1957 it shall be 
five and three-fourths per cent, and commencing July 1, 1957 it shall be 
six and eighty-five one-hundredths per cent of each policeman's annual 
salary; provided, however, that in the case of policemen employed by a 
city having a population of more than thirty-four thousand inhabitants, 
such rate shall be four per cent prior to July 1, 1957, commencing July 
1, 1957 and prior to July 1, 1961 it shall be four and one-half per cent, 
and commencing July 1, 1961 it shall be five per cent until the governing 
body of said city shall elect to discontinue its present policy of paying a 
supplementary retirement benefit to any permanent policeman employed 
by the city who may thereafter be granted a retirement benefit under the 



218 Chapter 191 [1961 

provisions of the New Hampshire Policemen's Retirement System. Sub- 
sequent to the aforesaid election of the governing body of such city the 
applicable rate of assessment upon the annual salaries of all permanent 
policemen employed by the city shall be six and eighty-five one-hun- 
dredths per cent. The board shall, in such manner as it may prescribe, 
give notice of the rate and amount of assessment of each permanent 
policeman's salary to the treasurer or other disbursing officer of the state, 
city, town, village or precinct where such permanent policeman is em- 
ployed. All assessments imder this section shall be payable in equal 
monthly installments on the last business day of each calendar month. 
It shall be the duty of the treasurer or other disbursing officer of the state, 
city, town, village, or precinct, employing permanent policemen, Avho 
accept the provisions hereof, to withhold from the monthly salary of each 
permanent policeman and to pay the board an amount equal to the 
monthly assessment against such permanent policeman's salary, as be 
fore provided. All permanent policemen who shall accept the provisions 
hereof by such acceptance agree that the treasurer or other disbursing 
officer of the state, city, town, village or precinct which employs them 
shall have the power to withhold from their monthly salaries the amounts 
as aforesaid. However, in the case of any policeman assessed by the board 
at the rate of five and three-fourths per cent prior to July 1, 1957 and at 
the rate of six and eighty-five one-hundredths per cent thereafter, no 
assessment shall be made prior to July 1, 1957 upon that part of his an- 
nual salary in excess of three thousand four hundred dollars, and com- 
mencing July 1, 1957 and prior to July 1, 1961 no assessment shall be 
made upon that part of his annual salary in excess of three thousand six 
hundred dollars. In the case of any policeman assessed by the board at 
the rate of four per cent prior to July 1, 1957 and at the rate of four and 
one-half per cent commencing July 1, 1957 and prior to July 1, 1961 and 
five per cent commencing July 1, 1961 no assessment shall be made upon 
that part of his annual salary in excess of t^vo thousand four hundred dol- 
lars. Anything in this section to the contrary notwithstanding, any police- 
man who is over thirty-five years of age at the time he accepts the pro- 
visions of this chapter shall be assessed by the board on the part of his 
annual salary which would have been assessable had he been under age 
thirty-five on the date of such acceptance, at the increased rate determined 
in accordance "\vith the following table: 

Age at Accepting the Percentage Rate 

Provisions of the Chapter of Assessment 

36 6.90% 

37 6.95 

38 7.00 

39 7.05 

40 7.10 

41 7.16 

42 7.22 



1961] Chapter 191 219 



Chapter 191 




43 


7.28 


44 


7.34 


45 


7.41 


46 


7.47 


47 


7.53 


48 


7.59 


49 


7.65 


50 


7.72 


51 


7.78 


52 


7.85 


53 


7.92 


54 


7.99 


55 


8.06 


56 


8.13 


57 


8.20 


58 


8.28 


59 and over 


8.36 



191:2 Increase. Amend RSA 103:10 by striking out said section and 
inserting in place thereof the following: 103:10 Contributions by State. 
On account of eacli policeman accepting the provisions hereof there shall 
be appropriated annually by the state for the purposes of this act a current 
service contribution of six-tenths of one per cent of the annual salary of 
each such policeman. In addition, there is hereby appropriated for the 
purposes of this act a past service contribution, which shall be payable 
until any deficit on account of past service has been liquidated, equal to 
the sum of one hundred and fifty thousand dollars annually and the gov- 
ernor is hereby authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. Of the assessments 
made upon the state on account of employees of the state police depart- 
ment, under the provisions of section 9, eighty-five per cent thereof shall 
be a charge upon the revenues of the motor vehicle department from 
motor vehicle registration, and the balance shall be a charge upon the 
general funds of the state and the governor is hereby authorized to draw 
his warrant for said balance out of any money in the treasury not other- 
wise appropriated. 

191:3 Thirty Year Service. Amend RSA 103:12 (supp) as amended 
by 1957, 50:3; 189:2, by striking out said section and inserting in place 
thereof the following: 103:12 Retirement. Any permanent policeman 
who accepts the provisions of this chapter may retire from active service 
after serving as a permanent policeman for a period of thirty continuous 
years, regardless of his then attained age, or after reaching the age of 
sixty-five regardless of his period of service as a permanent policeman. All 
permanent policemen who accept the provisions hereof and who have 
served as permanent policemen for thirty continuous years shall retire 
from active service at the age of seventy. Any permanent policeman ac- 



220 Chapter 191 [1961 

cepting the provisions hereof ^vho shall be dismissed from service after 
having served as a permanent policeman for a period of thirty continuous 
years, regardless of his then attained age, or after reaching the age of 
sixty-five regardless of his period of service as a permanent policeman, 
shall be entitled to the benefits of this chapter. Upon retirement a perma- 
nent policeman shall no longer be obligated to pay assessments to the 
retirement fund. The board may, if it deems proper, in a case of a break 
in a policeman's continuous service of not more than three years, construe 
as a period of continuous service the total service of such policeman, by 
adding his service before the break to his service after the break. 

191:4 Computation of Amounts. Amend RSA 103:14 (supp) as 
amended by 1957, 50:4; 189:3, by striking out said section and inserting 
in place thereof the following: 103:14 Retirement Benefits. Any perma- 
nent policeman who retires or is dismissed from service as provided in 
section 12, who accepted the provisions of this chapter prior to July 1, 
1957 and who retires prior to July 1, 1961, and who shall have complied 
"ivith all the provisions hereof and with the rules and regulations of the 
board, shall be entitled to receive from the retirement fund, for each 
year during the remainder of his life, a sum equal to one-half of his aver- 
age annual salary for the five years next preceding his retirement as de- 
termined by the board, but in no event shall this sum be less than twelve 
hundred dollars per year or more than one-half of the assessed part of 
his annual salary at retirement; provided, however, that if at the date of 
his retirement he shall not have completed thirty years of continuous 
service the sum so determined shall be reduced pro rata in the proportion 
'^v^hich the actual number of completed years of continuous service bears 
to thirty. The sum payable upon retirement of a permanent policeman 
who accepts the provisions of this chapter on or subsequent to July 1, 
1957 and who retires prior to July 1, 1961, shall be equal to one-sixtieth 
of the assessed part of his average annual salary for the five years next 
preceding his retirement as determined by the board, for each year of 
his continuous service rendered after his attainment of age thirty reduced 
by one-one hundred twentieth of the assessed part of such average salary 
for each year of such service rendered since June 11, 1941 and prior to 
July 1, 1957; but in no event shall the sum payable be more than one-half 
of the assessed part of his annual salary at retirement. Any permanent 
policeman ^vho retires or is dismissed from service as provided in section 
12, on or after July 1, 1961 and who shall have complied with all the 
provisions hereof and with the rules and regulations of the board, shall 
be entitled to receive from the retirement fund, for each year during the 
remainder of his life, a sum equal to one-half of his average annual salary 
for the five years next preceding his retirement as determined by the 
board, but in no event shall this sum be less than twelve hundred dollars; 
provided, however, that in the case of a policeman employed by a city 
having a population of more than thirty-four thousand inhabitants, such 
sum shall be equal to one-half of the assessed part of his average annual 



1961] Chapter 191 221 

salary tor the five years next preceding his retirement; and further pro- 
vided, that if at the time of liis retirement he shall have served as a perma- 
nent policeman for a period of less than thirty continuous years, such 
sum as computed above shall be reduced pro rata in the proportion which 
the actual number of completed years of continuous service bears to 
thnty. Anything to the contrary notwithstanding, an appropriate ad- 
justment, as determined by the board under rules uniformly applicable 
to all policemen similarly situated, shall be made in the sum otherwise 
payable to the policeman if at any time subsequent to July 1, 1953 or 
subsequent to the date of his accepting these provisions, if later, the rate 
of assessment upon the assessable part of his annual salary has been less 
than five and three-fourths per cent. Retirement benefits shall be paid in 
equal monthly installments on the first business day of each calendar 
month. 

191:5 Death or Permanent Disability. Amend RSA 103:15 (supp) 
as amended by 1957, 189:4, by striking out said section and inserting in 
place thereof the folloAving: 103:15 Compensation in Case of. Any 
permanent policeman accepting the provisions hereof who shall have 
become permanently and totally disabled to perform useful service, be- 
cause of injury received in the actual performance of his duty, may be 
retired by the board, and shall be entitled to the benefits hereunder and 
shall receive an annual sum equal to one-half of the assessed part of his 
annual salary at the date of his disability, for the duration of such dis- 
ability, as determined by the board, but in no case shall such payment 
be less than twelve hundred dollars per year. Any permanent policeman 
accepting the provisions hereof, who has performed faithful service in 
his department for at least twenty years and who shall become perma- 
nently and totally incapacitated from performing useful service, either 
mentally or physically, may be retired and shall be entitled to the benefits 
hereunder, and for the duration of his incapacity he shall receive an 
annual sum equal to one-half of his average annual salary for the five 
years next preceding the date of such permanent and total incapacity as 
determined by the board, but in no case shall such payment be less than 
t^velve hundred dollars per year or more than one-half of the assessed 
part of his annual salary at retirement; provided, that if at the date of 
his incapacity he shall not have completed thirty years of service the sum 
so determined shall be reduced pro rata in the proportion which the 
actual number of completed years of service bears to thirty, but in no 
case shall the policeman receive less than twelve hundred dollars per 
year; and further provided, that in the case of a policeman employed 
by a city having a population of more than thirty-four thousand in- 
habitants, such sum shall be twelve hundred dollars per year. However, 
an appropriate adjustment, as determined by the board under rules uni- 
formly applicable to all policemen similarly situated shall be made in 
the sum otherwise payable to the policeman disabled because of injury 
in the actual performance of duty or incapacitated from performing use- 



222 Chapter 191 [1961 

ful service, either mentally or physically, if at any time subsequent to 
July 1, 1953, or subsequent to the date of his accepting these provisions, 
if later, the rate of assessment upon the assessable part of his annual salary 
has been less than five and three-fourths per cent. The fact of such dis- 
ability or such incapacity shall be established from time to time as the 
board may require by a certificate of a physician designated by the board. 
In case a permanent policeman, accepting the provisions hereof, shall 
die as the result of injury received in line of duty, his widow, or if none, 
his minor child or children shall receive an annual sum equal to one-half 
the assessed part of the annual salary of such deceased policeman at the 
time of his death, but in no case less than twelve hundred dollars per 
year. This sum shall be payable until, in the case of a widow, she dies, or 
remarries, or in the case of a minor child or children, they die or reach 
the age of eighteen years, but if there is no wife, child or children under 
the age of eighteen years, surviving such policeman, then to his totally 
dependent father or mother, or both, or the survivor of them, as the 
board shall determine during dependency. In case the widow dies without 
remarrying and leaves a minor child or children, the payment shall con- 
tinue until such minor child or children die or reach the age of eighteen 
years or marry before reaching the age of eighteen years. Said sums shall 
be paid in equal monthly installments on the first business day of each 
calendar month. Should such deceased policeman leave no widow, minor 
child or children, or totally dependent father or mother, his estate shall 
be entitled to receive from the retirement fund all payments made thereto 
by him, without interest. In case a permanent policeman, accepting the 
provisions hereof, shall die not as the result of injury received in line of 
duty, his widow, or, if none, his living child or children under age 
eighteen shall receive, in addition to the amount payable under section 
16 hereof, a lump sum equal to the assessed part of the annual salary of 
such deceased policeman at the time of his death, but, in no case less than 
twelve hundred dollars if his death occurs prior to July 1, 1961, and, if 
his death occurs on or after July 1, 1961, a lump sum equal to three thou- 
sand six hundred dollars, except in the case of a policeman employed by 
a city having a population of more than thirty-four thousand inhabitants, 
in which case the lump sum shall be two thousand four hundred dollars. 

191:6 Refunds. Amend RSA 103:17 by striking out said section 
and inserting in place thereof the following: 103:17 Compensation Upon 
Death After Retirement. The estate of any permanent policeman -who 
shall die after having retired under the provisions of section 14 or section 
15 hereof shall be entitled to receive from the retirement fund any excess 
of the total payments made thereto by him, without interest, over the 
aggregate retirement allowance payments received by him prior to his 
death. In addition, if his death occurs on or after July 1, 1961, a lump 
sum equal to three thousand six hundred dollars shall be payable, except 
in the case of a former policeman who was employed by a city having a 
population of more than thirty-four thousand inhabitants, in which case 



1961] Chapter 192 223 

the lump sum shall be two thousand four hundred dollars, to his widow, 
or, if none, to his living children under the age of eighteen years. 

191:7 Appropriation. For the purpose of paying the state's share 
for the policemen's retirement system for the fiscal year ending June 30, 
1962, there is hereby appropriated the sum of $164,335 and a like sum is 
hereby appropriated for the fiscal year ending June 30, 1963. The sums 
hereby appropriated shall be a charge upon the funds of the state as pro- 
vided in RSA 103:10 as hereinbefore amended. 

191:8 Takes Effect. This act shall take effect as of July 1, 1961. 

[Approved June 26, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 192. 

AN ACT RELATIVE TO THE CONSTRUCTION OF A DORMITORY FOR WOMEN AT 
THE UNIVERSITY OF NEW HAMPSHIRE, AND TO BE LIQUIDATED FROM INCOME, 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

192:1 Appropriation. The sum of five hundred fifty thousand dol- 
lars is hereby appropriated for the purpose of constructing, furnishing, 
and equipping a residence hall at the University of New Hampshire. All 
contracts for the construction of all or any part of said building shall be 
let (1) at public sealed bidding, (2) only after an advertisement calling 
for bids has been published at least once in each of two successive calendar 
weeks in a newspaper of general circulation in New Hampshire, the first 
publication being not less than thirty days prior to the date the bids will 
be received, and (3) to the lowest responsible bidder. 

192:2 Borrowing. In order to provide funds for the appropriation 
made in section 1 hereof, the trustees of the university are hereby author- 
ized to request the governor and council to borrow upon the credit of the 
state not exceeding the sum of five hundred fifty thousand dollars. 

192:3 State Bonds or Notes. The governor, upon receipt of a re- 
quest from the board of trustees of the university, and by and with the 
consent of the council, may direct the state treasurer to borrow upon the 
faith and credit of the state a sum not exceeding five hundred fifty thou- 
sand dollars for the purpose of carrying into effect the provisions of this 
act, and for said purpose may issue bonds in the name and on behalf of 
the state at a rate of interest to be determined by the governor and coun- 
cil. The maturity dates of such bonds shall be determined by the gover- 
nor and council, but in no case shall they be later than thirty years from 
the date of issue. The bonds shall be in such form and denomination as 



224 Chapter 192 [1961 

the governor and council shall determine, may be registerable as to both 
principal and interest, shall be signed by the treasurer and countersigned 
by the governor and shall be deemed a pledge of the faith and credit of 
the state. The secretary of state shall keep an account of all such bonds 
shoAving the number and amount of each, the time of countersigning, the 
date of delivery to the state treasurer and the date of maturity. The state 
treasurer shall keep an account of each bond showing the number thereof, 
the name of the person to whom sold, the amount received from the 
same, the date of the sale and the date of maturity. 

192:4 Short Term Notes. Prior to the issuance of the bonds here- 
under, the state treasurer, with the approval of the governor and council, 
may for the purposes hereof borrow money from time to time on short 
term loans which may be refunded by the issuance of bonds hereunder. 
Provided, ho^vever, that at no one time shall the indebtedness of the 
state on such short term loans exceed the sum of five hundred fifty thou- 
sand dollars. 

192:5 Sale of Bonds or Notes. All notes or bonds, except short term 
loans, issued under the provision of this act shall be negotiated and sold 
by the treasurer by direction of the governor and council as they deem 
to be most advantageous to the state. The proceeds from the sale of such 
bonds shall be held by the state treasurer and paid out by him upon 
warrants drawn by the governor for the purpose of this act only and the 
governor, with the advice and consent of the council, shall draw his war- 
rant for the payments from the funds provided by this act of all sums 
expended or due for the purposes herein authorized. All interest from 
such bonds shall be exempt from taxation within the state. 

192:6 Liquidation. The trustees of the university are authorized 
to maintain the residence hall constructed under section 1 of this act, 
and to collect rents therefrom. The income from such charges shall be 
kept in a separate fund from which shall be paid the maintenance of said 
residence hall. The balance of said income, together with income from 
rents of other residence halls at the university not otherwise obligated, 
shall be used for the payment of the annual interest on the state borro-^v- 
ing for the purposes of said section 1 and for the payment of installments 
of principal as the same become due until such time as all obligations 
incurred under the provisions of section 1 have been met and thereafter 
said property shall become a part of the university property. 

192:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1961.] 
[Effective date August 25, 1961.] 



1961] Chapter 193 225 

CHAPTER 193. 

AN ACT RELATIVE TO MOTOR VEHICLE SALES FINANCE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

193:1 New Title. Amend RSA by inserting after Title XXXIII the 
following new title: 

Title XXXIII-A 

Retail Installment Sales 

Chapter 361 -A 

Retail Installment Sales of Motor Vehicles 

361-A:1 Definitions. Tiie following terms as used in this chapter 
shall have the following meanings unless the context or subject matter 
otherwise require. 

I. "Cash sale price" means the price stated in a retail installment 
contract for which tlie seller ^vould have sold to the buyer, and the buyer 
would have bought from the seller, the motor vehicle which is the subject 
matter of the retail installment contract, if such sale had been a sale for 
cash instead of a retail installment transaction. The cash sale price may 
include any taxes, registration, license and other fees and charges for 
accessories and their installation and for delivery, servicing, repairing or 
improving the motor vehicle. 

II. "Documentary fees" mean the fees for filing, recording or in- 
vestigating, perfecting and releasing or satisfying a retained title or a lien 
created by a retail installment contract, and shall not exceed four dollars. 

III. "Finance charge" means the amount agreed upon bet^veen the 
buyer and the seller, as limited in this chapter, to be added to the cash 
sale price, the amount, if any, included for insurance and other benefits, 
if a separate charge is made therefor, and documentary fees, in determin- 
ing the time price. 

IV. The "holder" of a retail installment contract means the retail 
seller of the motor vehicle under or subject to the contract or, if the con- 
tract is purchased by a sales finance company or other assignee, the sales 
finance company or other assignee. 

V. "Motor vehicle" means any device having a cash sale price of 
$7,500 or less, propelled or drawn by any power other than muscular 
power, in, upon or by which any person or property is or may be trans- 
ported or drawn upon a highway, excepting power shovels, road machin- 
ery, buses, agricultural machinery and house and boat trailers. 



226 Chapter 193 [1961 

Yl. "Person" means an individual, partnership, corporation, asso- 
ciation and any other group however organized. 

VII. "Retail buyer" or "buyer" means a person who buys a motor 
vehicle from a retail seller and who executes a retail installment contract 
in connection therewith. 

VIII. "Retail installment contract" or "contract" means an agree- 
ment, entered into in this state, pursuant to which the title to, the prop- 
erty in or a lien upon the motor vehicle, which is the subject matter of a 
retail installment transaction, is retained or taken by a retail seller from 
a retail buyer as security, in whole or in part, for the buyer's obligation. 
The term includes a chattel mortgage, a conditional sales contract, and a 
contract for the bailment or leasing of a motor vehicle by which the bailee 
or lessee contracts to pay as compensation for its use a sum substantially 
equivalent to or in excess of its value and by which it is agreed that the 
bailee or lessee is bound to become, or has the option of becoming, the 
owner of the motor vehicle upon full compliance with the provisions of 
the contract. 

IX. "Retail installment transaction" means any transaction evi- 
denced by a retail installment contract entered into between a retail 
buyer and a retail seller wherein the retail buyer buys a motor vehicle 
from the retail seller at a time price payable in one or more deferred in- 
stallments for purposes other than resale. The cash sale price of the motor 
vehicle, the amount included for insurance and other benefits if a sep- 
arate charge is made therefor, documentary fees and the finance charge, 
which may include insurance and other benefits, shall together constitute 
the time price. 

X. "Retail seller" or "seller" means a person who sells a motor ve- 
hicle to a retail buyer under or subject to a retail installment contract. 

XL "Sales finance company" means a person engaged, in whole or 
in part, in the business of purchasing retail installment contracts from 
one or more retail sellers. The term includes but is not limited to a bank, 
trust company, finance company, lending agency, industrial bank or in- 
vestment company, if so engaged. The term also includes a retail seller 
engaged in whole or in part in the business of holding retail installment 
contracts which in the aggregate exceed the sum of twenty-five thousand 
dollars in any one calendar year. The term does not include the pledgee 
of an ag[s:res:ate number of such contracts to secure a bona fide loan 
thereon. 

XII. "Commissioner" means the bank commissioner. 

361-A:2 Licensing of Sales Finance Companies and Retail Sellers 
Required. I. No person shall engage in the business of a sales finance 
company or retail seller in this state without a license therefor as pro- 
vided herein. No bank, trust company or industrial bank shall be re- 



1961] Chapter 193 227 

quired to obtain such a license but shall comply with all of the other 
provisions of this chapter, 

II. The application for such license shall be in writing, under oath 
and in the form prescribed by the bank commissioner. The application 
shall contain the name of the applicant; date of incorporation, if incor- 
porated; the address where the business is or is to be conducted and simi- 
lar information as to any branch office of the applicant; the name and 
resident address of the owner or partners or, if a corporation or associa- 
tion, of the directors, trustees and principal officers, the trade name, if 
any, under which the applicant proposes to conduct such business, and 
such other pertinent information as the bank commissioner may require. 

III. The license fee for each calendar year or part thereof shall be 
as follows: 

(1) For a retail seller, the sum of ten dollars for the principal place 
of business of the licensee within this state and the sum of five dollars for 
each branch of such licensee maintained in this state. 

(2) For a sales finance company, the sum of one hundred dollars 
for the principal place of business of the licensee within this state, and 
the sum of twenty-five dollars for each branch of such licensee maintained 
in this state. A person required to obtain a license under the provisions 
hereof shall not be required to obtain a license as a retail seller. 

IV. Each license shall specify the location of the office or branch 
and must be conspicuously displayed there. In case such location be 
changed, the bank commissioner shall endorse the change of location 
on the license without charge. 

V. Upon the filing of such application and the payment of said fee, 
the bank commissioner shall issue a license to the applicant to engage in 
the business of a sales finance company under and in accordance with 
the provisions of this chapter, for a period which shall expire the last 
day of December next following the date of its issuance. Such license 
shall not be transferable or assignable. No licensee shall transact any busi- 
ness provided for by this chapter, under any other trade names unless he 
shall have a separate license therefor. 

361-A:3 Suspension or Revocation of Licenses. I. A license may be 
suspended or revoked by the bank commissioner on the following grounds: 

(1) Material misstatement in application for license; 

(2) Wilful failure to comply with any provision of this chapter, 
relating to retail installment contracts; 

(3) Fraudulent misrepresentation, circumvention or concealment 
by the licensee through whatever subterfuge or device of any of the ma- 
terial particulars or the nature thereof required to be stated or furnished 
to the retail buyer under the provisions of this chapter. 



228 Chapter 193 [1961 

II. If a licensee is a partnership, association or corporation, it shall 
be sufficient cause for the suspension or revocation of a license that any 
officer, director or trustee of a licensed association or corporation or any 
member of a licensed partnership, has so acted or failed to act in behalf 
of said licensee as AS'ould be cause for suspending or revoking a license to 
such party as an individual. Each licensee shall be responsible for the 
acts of any or all of his employees while acting as his agent, if such licensee 
after actual knowledge of said acts retained the benefits, proceeds, profits 
or advantages accruing from said acts or otherwise ratified said acts. 

III. No license shall be suspended or revoked except after hearing 
thereon. The bank commissioner shall give the licensee at least ten days' 
written notice, in the form of an order to show cause, of the time and 
place of such hearing by registered mail addressed to the principal place 
of business in this state of such licensee. The said notice shall specify the 
grounds of complaint against the licensee and the hearing shall be con- 
fined thereto. Any order suspending or revoking such license shall recite 
the grounds upon which the same is based. The order shall be entered 
upon the records of the bank commissioner and shall not be effective 
until after thirty days' written notice thereof given after such entry for- 
warded by registered or certified mail to the licensee at such principal 
place of business. No revocation, suspension or surrender of any license 
shall impair or affect the obligation of any lawful retail installment con- 
tract acquired previously thereto by the licensee. 

IV. Within thirty days after receipt of notice of any such suspen- 
sion or revocation of a license, the person aggrieved may appeal there- 
from to any justice of the superior court by presenting to him a petition 
therefor, in term time or vacation. Such justice shall fix a time and place 
for hearing which may be in vacation and cause notice thereof to be given 
to the bank commissioner; and after hearing, such justice may affirm or 
reverse the decision of the bank commissioner. Either party may appeal 
from the decisions and rulings of the court upon matters of law arising 
upon the trial, in the same manner and with the same effect as is allowed 
in the superior court in the trial of cases without a jury, without specifical- 
ly reserving such right. Pending final judgment of the court, the license 
shall remain in effect. 

361-A:4 Filing of Complaints. Any retail buyer having reason to 
believe that the provisions of this chapter, relating to his retail install- 
ment contract has been violated may file with the bank commissioner a 
written complaint setting forth the details of such alleged violation and 
the bank commissioner, upon receipt of such complaint, may inspect the 
pertinent books, records, letters and contracts of the licensee and of the 
retail seller involved, relating to such specific written complaint. Said 
commissioner may also make inspections of the records of sales finance 
companies without the receipt of a specific complaint for any reasonable 
cause. 



1961] Chapter 193 229 

361-A:5 Powers of Bank Commissioner. The bank commissioner 
shall have the power to issue subpoena to compel the attendance of wit- 
nesses and the production of documents, papers, books, records and other 
evidence before him in any matter over which he has jurisdiction, control 
or supervision pertaining to the provisions of this chapter. He shall have 
the power to administer oaths and affirmation to any person whose testi- 
mony is required. If any person shall refuse to obey any such subpoena or 
to give testimony or to produce evidence as required thereby, any justice of 
the superior court may, upon application and proof of such refusal, order 
the issuance of a subpoena, or subpoena duces tecum, out of the superior 
court, for the witness to appear before the superior court to give testi- 
mony, and to produce evidence as required thereby. Upon filing such 
order in the office of the clerk of the superior court, the clerk shall issue 
such subpoena, as directed, requiring the person to whom it is directed, 
to appear at the time and place therein designated. If any person served 
with any such subpoena shall refuse to obey the same, and to give testi- 
mony, and to produce evidence as required thereby, the bank commis- 
sioner may apply to any justice of the superior court who, after proof 
of such refusal, shall issue such citation, directed to any sheriff, for the 
arrest of such person, and upon his being brought before such justice, 
proceed to a hearing of the case. The justice shall have power to enforce 
obedience to such subpoena, and the answering of any question, and the 
production of any evidence, that may be proper, by a fine not exceeding 
one hundred dollars or by imprisonment in the county jail, or by both. 

361-A:6 Assistants. For the enforcement of the provisions hereof, 
the bank commissioner is authorized to appoint, subject to the provisions 
of the personnel law, such personnel as are necessary. The salary, travel- 
ing expenses and all expenses of administration and enforcement of the 
provisions hereof, shall be paid out of fees received from licenses issued 
hereunder. 

361 -A: 7 Requirements and Prohibitions as to Retail Installment 
Contracts. 

I. (1) A retail installment contract shall be in writing, shall be 
signed by both the buyer and the seller and shall be completed as to all 
essential provisions or by memorandum as provided in paragraph VI 
prior to the signing of the contract by the buyer. 

(2) The printed portion of the contract, other than instructions for 
completion, shall be in at least eight point type. The contract shall con- 
tain in a size equal to at least ten point bold type: A specific statement 
that liability insurance coverage for bodily injury and property damage 
caused to others is not included, if that is the case; and the following 
notice: "Notice to the Buyer: 1. Read this contract before signing. 2. You 
are entitled to an exact copy of the contract you sign." 



230 Chapter 193 [1961 

(3) The seller shall deliver to the buyer or mail to him at his ad- 
dress shown on the contract, a copy of the contract signed by the seller. 
Until the seller does so, a buyer who has not received delivery of the motor 
vehicle shall have the right to rescind his agreement and to receive a re- 
fund of all payments made and return of all goods traded in to the seller 
on account of or in contemplation of the contract, or if such goods can- 
not be returned, the value thereof. Any acknowledgment by the buyer 
of delivery of a copy of the contract shall be in a size equal to at least ten 
point bold type and, if contained in the contract, shall appear directly 
above the buyer's signature. 

(4) The contract shall contain the names of the seller and the buyer, 
the place of business of the seller, the legal residence or place of business 
of the buyer as specified by the buyer and a description of the motor ve- 
hicle including its make, year model, model and identification numbers 
or marks. 

II. The contract shall contain the following: 

(1) The cash sale price of the motor vehicle; 

(2) The amount of the buyer's down payment, and whether made 
in money or goods, or partly in money and partly in goods; 

(3) The difference between items (1) and (2); 

(4) The amount, if any, included for insurance and other benefits 
specifying the types of coverage and benefits, stating separately by rate 
or in terms of dollars, the amount charged for credit sickness, accident 
and life insurance, whether issued under a group policy or not. 

(5) The amount of documentary fees; 

(6) The principal balance, which is the sum of (3), (4) and (5); 

(7 The amount of the finance charge, and specification of the types 
of coverage and benefits for any insurance coverage or other benefits 
included therein, with the rate for credit sickness, accident and life in- 
surance stated separately by rate or in terms of dollars, whether issued 
under a group policy or not. 

(8) The time balance, which is the sum of (6) and (7), payable in 
installments by the buyer to the seller, the number of installments, the 
amount of each installment and the due date or period thereof. The above 
paragraphs in paragraph II need not be stated in the sequence or order 
set forth. Additional paragraphs may be included to explain the calcula- 
tions involved in determining the stated time balance to be paid by the 
buyer. 

III. The amount, if any, included for insurance, -tvhich may be 
purchased by the holder of the retail installment contract, shall not ex- 
ceed the applicable premiums chargeable in accordance with the rates 



1961] Chapter 193 231 

filed with the insurance commissioner. If dual interest insurance on the 
motor vehicle is purchased by the holder he shall, within thirty days after 
execution of the retail installment contract, send or cause to be sent to 
the buyer a policy or policies or certificate of insurance, ^vritten by an 
insurance company authorized to do business in this state, clearly setting 
forth the amount of the premium, the kind or kinds of insurance, the 
coverages and all the terms, exceptions, limitations, restrictions and con- 
ditions of the contract or contracts of insurance. The buyer shall have 
the privilege of purchasing such insurance from an agent or broker of 
his own selection authorized by the insurance commissioner to do busi- 
ness in the state, but in such case the inclusion of the insurance premium 
in the retail installment contract shall be optional with the seller. 

IV. If any insurance is cancelled, unearned insurance premium 
refunds received by the holder shall be credited to the final maturing 
installments of the contract except to the extent applied toward payment 
for similar insurance protecting the interests of the buyer and the holder 
or either of them. 

V. The holder may, if the contract so provides, collect a delinquency 
and collection charge on each installment in default for a period not less 
than ten days in an amount not in excess of five per cent of each install- 
ment or six per cent per annum on the total unpaid balance, whichever 
is greater. In addition to such delinquency and collection charge, the 
contract may provide for the payment of reasonable attorneys' fees where 
such contract is referred for collection to an attorney not a salaried em- 
ployee of the holder of the contract plus the court costs and the financier's 
out-of-pocket collection expenses. 

VI. No retail installment contract shall be signed by any party 
thereto when it contains blank spaces to be filled in after it has been 
signed except that, if delivery of the motor vehicle is not made at the 
time of the execution of the contract, the identifying numbers or marks 
of the motor vehicle or similar information, and the due date of the first 
installment may be inserted in the contract after its execution; and ex- 
cept that said contract may be so signed provided the buyer is given at 
the time of such execution a bill of sale, invoice or similar memorandum 
clearly indicating the sales price, down payment, type or types of insur- 
ance coverage and the number, period and amount of payments; and 
provided said contract ^vhen completed conforms with said bill of sale, 
invoice or memorandum, and a copy of said contract is delivered to said 
buyer subject to adjustment only with reference to final closeout figure 
for any outstanding balance on a car traded in. The buyer's written ack- 
nowledgment, conforming to the requirements of (3) of paragraph I, of 
delivery of a copy of a contract shall be conclusive proof of such delivery, 
that the contract when signed did not contain any blank spaces except 
as provided, and of compliance Avith this section in any action or pro- 
ceeding by or against the seller or the holder of the contract. 



232 Chapter 193 [1961 

VII. Upon written request from the buyer at reasonable intervals, 
the holder of a retail installment contract shall give or forward to the 
buyer a written statement of the dates and amounts of payments and the 
total amount unpaid under such contract. A buyer shall be given a written 
or stamped receipt for any payment when made in cash. 

VIII. A provision in a retail installment contract (1) for confession 
of judgment, power of attorney therefor, or wage assignment; (2) for the 
subsequent inclusion of title to or lien upon any goods, other than the 
motor vehicle which is the subject matter of the retail installment sale 
or accessories therefor or special or auxiliary equipment used in connec- 
tion therewith, or in substitution, in whole or in part, for any such acces- 
sory or special or auxiliary equipment, as security for payment of the 
total time price; (3) whereby, in the absence of the buyer's default, the 
holder may accelerate the maturity of any part of all of the time balance; 

(4) whereby a seller or holder of the contract, or other person acting on 
his behalf, is authorized to enter the buyer's premises unlawfully, or to 
commit any breach of the peace in the repossession of a motor vehicle; 

(5) whereby the buyer waives any right of action against the seller or 
holder of the contract, or other person acting on his behalf, for any illegal 
act committed in the collection of payments under the contract or in the 
repossession of the motor vehicle; (6) whereby the buyer executes a power 
of attorney appointing the seller or holder of the contract, or other person 
acting on his behalf, as the buyer's agent in the collection of payments 
under the contract or in the repossession of the motor vehicle; or (7) 
whereby the seller is relieved from liability for any legal remedies which 
the buyer may have had against the seller under the contract, or any 
separate instrument executed in connection therewith, shall not be en- 
forceable. 

361-A:8 Finance Charge Limitation. 

I. Notwithstanding the provisions of any other law, the finance 
charge shall not exceed the following rates: 

Group 1. Any new motor vehicle designated by the manufacturer 
by a year model not earlier than the year in which the sale is made, seven 
dollars per one hundred dollars per year. 

Group 2. Any new motor vehicle not in class 1 and any used motor 
vehicle designated by the manufacturer by a year model of the same or 
not more than three years prior to the year in which the sale is made, nine 
dollars per one hundred dollars per year. 

Group 3. Any used motor vehicle not in class 2, twelve dollars per 
one hundred dollars per year. 

II. Such finance charge shall be computed on the principal balance 
as determined under paragraph II of section 7 on contracts payable 
in successive monthly payments substantially equal in amount. Such 



1961] Chapter 193 . 233 

finance charge may be computed on the basis of a full month for any 
fractional month period in excess of ten days. A minimum finance charge 
of twenty-five dollars may be charged on any retail installment trans- 
action. 

III. When a retail installment contract provides for unequal or 
irregular installment payments, the finance charge may be at the effective 
rates permitted in paragraph I, having due regard for the schedule of 
payments so that the finance charge may provide the same yield as is per- 
mitted in a regular payment transaction. 

IV. Any sales finance company may purchase or acquire or agree 
to purchase or acquire from any seller any contract on such terms and 
conditions as may be agreed upon between them. Filing of the assign- 
ment, notice to the buyer of the assignment, and any requirement that 
the holder maintain dominion over the payments or the motor vehicle 
if repossessed shall not be necessary to the validity of a written assign- 
ment of a contract as against creditors, subsequent purchasers, pledgees, 
mortgagees and lien claimants of the seller. Unless the buyer has notice 
of the assignment of his contract, payment thereunder made by the buyer 
to the last known holder of such contract shall be binding upon all sub- 
sequent holders. 

361-A:9 Credit Upon Anticipation of Payments. Notwithstanding 
the provisions of any retail installment contract to the contrary, any buyer 
may pay in full at any time before maturity the debt of any retail install- 
ment contract and in so paying such debt shall receive a refund credit 
thereon for such anticipation of payments. The amount of such refund 
shall represent at least as great a proportion of the finance charge after 
first deducting from such finance charge an acquisition cost of twenty-five 
dollars, as the sum of the monthly time balances after the month in which 
prepayment is made, bears to the sum of all the monthly time balances 
under the schedule of payments in the contract. Where the amount of 
credit is less than one dollar no refund need be made. 

361-A:10 Extending Retail Installment Contract. At the request 
of the buyer, the holder of a retail installment contract may extend the 
scheduled due date of all or a part of any installment or installments and 
in consideration thereof may contract for and receive from the buyer a 
finance charge, computed on the sums extended for the period of the 
extension, at an effective annual rate not in excess of that charged in 
the original contract, plus documentary fees expended incidental to the 
extension and the cost of continuing over the period of the extension 
insurance coverage and other benefits provided in the original contract. 
If the extension is made by agreement to refinance the unpaid balance of 
the original contract and provide a new schedule of payments, the holder 
may contract for and receive from the buyer in consideration thereof a 
finance charge, at an annual effective rate not in excess of that charged 



234 Chapter 194 [1961 

in the original contract, computed on the sum of the unpaid time balance 
of the original contract, plus delinquency and collection charges accrued, 
documentary fees expended incidental to the extension and the cost of 
continuing over the period of the extension insurance coverage and other 
benefits provided in the original contract; but after deduction of a refund 
credit on the original contract of not less than that to which the buyer 
would be entitled imder section 9 had he prepaid in full, except that the 
holder shall not be allowed the acquisition cost of twenty-five dollars. 
The buyer shall be furnished a copy of such an agreement, signed by the 
parties thereto, containing the description and amount of each item 
above used in the computation of the new time balance, the new time 
balance and the new schedule of payments. 

361-A:11 Penalties. I. Any person who shall wilfully and inten- 
tionally violate any provisions of this chapter, or engage in the business 
of a sales finance company in this state without a license therefor as pro- 
vided herein, shall be fined not exceeding five hundred dollars. 

II. Any person wilfully violating the provisions of sections 7 and 8 
shall be barred from recovering any finance charge, delinquency or col- 
lection charge on the contract. 

361-A:12 Waiver. Any waiver of the provisions of this chapter shall 
be unenforceable and void. 

193:2 Takes Effect. This act shall take effect as of October 1, 1961. 
[Approved June 26, 1961.] 
[Effective date October 1, 1961.] 



CHAPTER 194. 

AN ACT RELATIVE TO WORKMEN'S COMPENSATION LAW. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

194:1 Definitions. Amend paragraph I of RSA 281:2 (supp), as 
amended by 1957, 187:1 and 1959, 187:1, by inserting after the word 
"employees" in the twelfth line the words. Except where the context 
specifically indicates otherwise, the term "employer" shall be deemed 
to include the employer's insurance carrier, so that said paragiaph as 
amended shall read as follows: I. Employer, means a person, partner- 
ship, association, corporation and the legal representative of a person, 
partnership, association or corporation who employs three or more per- 
sons, ^vhether in one or more trades, businesses, professions or occupa- 
tions, and whether in one or more locations, except casual employees, 
farm labor and domestic service. In determining the number of persons 
employed there shall be included persons whose contract of employment 



1961] Chapter 194 235 

was entered into outside the state, if they are actually employed on work 
in this state. For the purpose of determining the number of persons em- 
ployed, executive officers elected or appointed and empowered in ac- 
cordance with the charter and by-laws of a corporation shall not be 
considered to be employees, except that such executive officers in excess 
of three shall be counted as employees. Except where the context spe- 
cifically indicates otherwise, the term "employer" shall be deemed to in- 
clude the employer's insurance carrier. Any other employer may elect 
to accept the provisions of this chapter in accordance with sections 3 and 7. 

194:2 Definitions. Amend paragraph III of RSA 281:2 (supp), as 
amended by 1957, 187:2 and 1959, 187:3, by inserting after the word 
"injury" in the eleventh line the words, except as hereinafter specifically 
provided, so that said paragraph as amended shall read as follows: III. 
Personal injury, or injury as used in and covered by this chapter shall 
mean accidental injury or death arising out of and in the course of the 
employment and the following diseases or death therefrom arising out 
of and in the course of employment: Anthrax, lead poisoning or its 
sequelae, dermatitis venenata, diseases due to the inhalation of poisonous 
gases or fumes or their sequelae, disability due to radioactive properties 
or substances or exposure to ionizing radiation, and silicosis and other 
pulmonary dust diseases subject to the provisions hereinafter set forth. 
For the purpose of determining the date of injury for an occupational 
disease the first date of treatment by a licensed physician shall be taken 
as the date of injury, except as hereinafter specifically provided. It shall 
not include other diseases or death therefrom unless they are the direct 
result of an accidental injury arising out of and in the course of employ- 
ment, nor shall it include a disease which existed at commencement of 
the employment, nor a disease the last injurious exposure to the hazards 
of which occurred prior to the effective date of this chapter. When silicosis 
and other pulmonary dust diseases or death therefrom occur within the 
above definition of "personal injury" or "injury," compensation shall be 
payable under the provisions of this chapter, provided, however, that (1) 
no compensation shall be payable for partial disability: (2) in the event 
of temporary or permanent total disability or death, notwithstanding 
any other provisions of this chapter, total compensation if disability or 
death occurred during July, 1947, shall not exceed the sum of five hun- 
dred dollars; thereafter the limit for total disability or death shall increase 
at the rate of fifty dollars each calendar month until the maximum al- 
lowed for other injuries under this chapter is reached; (3) the total 
amount of benefit in case of death shall not exceed the balance remaining 
between the amounts paid for disability and the total compensation pay- 
able under this chapter. 

194:3 Elections by Employers not Subject to Law. Amend RSA 
281:3 by striking out said section and inserting in place thereof the fol- 
lowing: 281:3 Elections by Employers not Subject to Law. Any employer 



236 Chapter 194 [1961 

of less than three persons or of farm labor or domestic servants may ac- 
cept the provisions of this chapter by filing an election with the labor 
commissioner. Such employer shall thereafter be liable to all of his em- 
ployees in the same manner as other employers. 

194:4 Revocation of Election by Certain Employers. Amend RSA 
281:4 by striking out the word "five" in the first line and inserting in 
place thereof the word, three, so that said section as amended shall read 
as follows: 281:4 — Revocation of Election. Any employer of less than 
three persons or of farm labor or domestic servants or any county, city, 
tOAv^n, school district, or any other district established by law, may re- 
voke his or its acceptance of the provisions of this chapter by filing a 
revocation ^vith the labor commissioner which shall be effective thirty 
days after such filing and by posting a notice of such revocation in a con- 
spicuous place on his or its premises. 

194:5 Employees Presumed to have Accepted. Amend RSA 281:12 
(supp), as amended by 1959, 187:4, by adding at the end thereof the words, 
or against the employer's insurance carrier as defined in paragraph VI 
of section 2, so that said section as amended shall read as follows: 281:12 
Employees Presumed to have Accepted. An employee of an employer 
subject to this chapter shall be conclusively presumed to have accepted 
the provisions hereof and to have waived his rights of action at common 
law to recover damages for personal injuries against his employer, or 
against the employer's insurance carrier as defined in paragraph VI of 
section 2. 

194:6 Election by Municipalities. Amend RSA 281:7 by inserting 
after the words "school district" in the first line the words, supervisory 
union, and by inserting after the word "thereof" in the tenth line the 
words, for a supervisory union by the supervisory union board thereof, 
so that said section shall read as follows: 281:7 Election by Munici- 
palities. Any county, city, town, school district, supervisory union, or any 
other district established by law, may accept for designated or for all 
workmen in its employ, the provisions of this chapter, and it shall there- 
after be liable to such workmen for any injury arising out of and in the 
course of employment in the manner provided in this chapter. The 
liability of any county, city, town, or district accepting said provisions 
shall not otherwise be enlarged or extended. The acceptance for a county 
may be made by the commissioners thereof, for a city by the city council, 
for a town by the selectmen thereof, for a school district by the school 
board thereof, for a supervisory union by the supervisory union board 
thereof, and for any other district by the commissioners thereof or other 
officers having by law the management of such district. Such acceptance 
shall be filed with the labor commissioner. 

194:7 Waiver. Amend RSA 281:12-a (supp) as inserted by 1957, 
187:5, by striking out the word "five" in the thirty-seventh line and in- 



1961] Chapter 194 237 

serting in place thereof the word, three, so that said section as amended 
shall read as follows: 281:12-a Waiver of Compensation. Whenever any 
person desiring to enter into a contract of employment, shall have any 
physical defect which imposes upon the prospective employer a further 
or unusual hazard, it shall be permissible for such person to waive in 
writing for himself or his dependents, or both, any rights to compensation 
under the provisions of this chapter for any personal injury arising out 
of and in the course of his employment, or death resulting therefrom 
which may be found by the labor commissioner to be attributable in a 
material degree to such physical defect. No waiver shall become effective 
unless the defect in question shall be plainly described therein, and ac- 
companied by a statement of the defect from a licensed physician, nor 
unless the labor commissioner finds that the person who signed such 
■^vaiver fully understood the meaning thereof and, if such person shall be 
a minor, that the parents or a guardian of such minor shall have ap- 
proved the same in writing, nor until application of such waiver shall 
have been sent to the labor commissioner. Any person already employed 
who shall suffer a physical defect which would impose upon his employer 
a similar further or unusual hazard may make application for a waiver as 
above described. Such waiver shall be effective on a temporary basis for 
not over sixty days, not including Sundays, from date it is sent to the 
labor commissioner pending his action thereon. The labor commissioner 
shall, in writing, approve such waiver and furnish each of the parties 
thereto with a copy thereof. In event the waiver is refused by the labor 
commissioner, the temporary waiver shall cease within seven days from 
the date of such denial. Application for cancellation of such waiver may 
be made by either party to the labor commissioner w4io may cancel same 
upon receipt of a statement by a licensed physician that such physical 
defect no longer exists, or with the consent of both parties. No such 
waiver shall be a bar to a claim by the person signing the same, or his de- 
pendents, for a compensation for any injury arising out of and in the 
course of his employment, or death resulting therefrom, which injury 
shall not be found to be attributable in a material degree to the particu- 
lar condition described therein. The rights and liabilities of the parties 
to such waiver to injuries arising out of and in the course of the employ- 
ment and within the terms of such waiver shall be such as are provided 
by the law in the case of an employer having regularly less than three 
employees, who shall not have accepted the provisions of this chapter. 
The term "physical defect" as used in this section shall not be construed 
to include an occupational disease, susceptibility thereto or a recurrence 
thereof. 

194:8 Liability of Third Person. Amend RSA 281:14 (supp) as 
amended by 1957, 187:6; and 1959, 187:5 by striking out said section and 
inserting in place thereof the following: 281:14 Liability of Third Per- 
son. 



238 Chapter 194 [1961 

I. When an injury for which compensation is payable under the 
provisions of this chapter has been sustained under circumstances creat- 
ing in some person other than the employer, or the employer's insurance 
carrier, a legal liability to pay damages in respect thereto, the injured 
employee, in addition to the benefits of this chapter, may obtain damages 
from or proceed at law against such other person to recover damages; 
provided, ho^vever, that the employer, or the employer's insurance carrier, 
shall have a lien on the amount of damages recovered by the employee, 
less the expenses and costs of action, to the extent of the compensation, 
medical, hospital or other remedial care already paid, or agreed or 
a^varded to be paid by the employer, or the employer's insurance carrier, 
under this chapter, less the employer's, or the employer's insurance car- 
rier's, pro rata share of expenses and costs of action as determined in 
paragraph IV hereof. 

II. When death of an employee has resulted under circumstances 
creating in some person other than the employer, or the employer's in- 
surance carrier, a legal liability to pay damages in respect thereto, the 
administrator of the employee's estate, in addition to the benefits of this 
chapter which are payable to the employee's dependents, may obtain 
damages from or proceed at law against such other person to recover 
damages. In such cases the employer, or the employer's insurance carrier, 
shall have a lien on the amount of damages recovered which remain after 
deduction of such of the expenses itemized in RSA 556:14 as are not 
paid by the employer, or the employer's insurance carrier, and after de- 
duction of the distributive share of any person to whom nothing is pay- 
able under section 22 of this chapter, to the extent of compensation, 
medical, hospital or other remedial care and funeral expenses already 
paid, or agreed or awarded to be paid by the employer, or the employer's 
insurance carrier, under this chapter. 

III. No settlement by an employee, or in case of death, by the ad- 
ministrator of his estate, of his or said administrator's claim for damages 
at law against such third person shall be binding until approved by the 
labor commissioner, or, if an action has been brought, by the court in 
^vhich such action is pending or to which the writ is returnable. The labor 
commissioner, or the court, as the case may be, shall make provisions for 
payment to the employer, or the employer's insurance carrier, of the 
amount of his lien after expenses and costs of action have been paid. In 
any case in which the employee, or, in case of death, the administrator of 
his estate, neglects to exercise his right of action by failing to proceed at 
law against such third person for a period of nine months after said in- 
jury, the employer, or the employer's insurance carrier, may so proceed 
and shall be subrogated to the rights of the injured employee or, in case 
of death, of such administrator, to recover against such third person, 
provided, if the employer, or the employer's insurance carrier, recovers 
from such other person damages, after expenses and costs of action have 



1961] Chapter 194 239 

been paid, in excess of the amount of his lien as defined herein, then any 
such excess shall be paid to the injured employee, or in the case of death, 
to the administrator of the employee's estate, for distribution in ac- 
cordance with the provisions of RSA 556:14. The procedure for approval 
of settlements and safeguarding the rights of the employee, or, in case 
of death, the rights of the administrator of his estate, in such cases shall 
be the same as is provided for protecting the rights of the employer, or 
the employer's insurance carrier, in cases of settlements made or actions 
at law brought by the employee or the administrator of his estate under 
this section. 

IV. Whenever there is a recovery against a third person under any 
of the preceding paragraphs, the labor commissioner or the superior 
court, as the case may be, shall order such division of expenses and costs 
of action, including attorneys' fees, between employer, or the employer's 
insurance carrier, and employee as justice may require. 

194:9 Medical, Hospital Care, etc. Amend RSA 281:21 by adding 
at the end thereof the following: Whenever an injured employee shall 
receive medical or hospital benefits, or other remedial care, after expira- 
tion of the first ninety days after an injury, or subsequent to expiration 
of extension thereof by the labor commissioner, and, due to accident, 
misfortune, or mistake, fails to file a request for an extension prior to 
receiving such medical or hospital, or other remedial care, the labor com- 
missioner, following notice to the employer giving opportunity to be 
heard, may grant an extension retroactively, so that said section as amend- 
ed shall read as follows: 281:21 Medical, Hospital Care, etc. During the 
first ninety days after an injury to an employee, an employer subject to 
this chapter, shall furnish to an injured employee, or cause to be fur- 
nished, free of charge, reasonable medical and hospital services, or other 
remedial care when needed, unless the injured employee shall decline 
or refuse to allow them to be furnished, and the injured employee, if 
he so chooses shall have the right of selection of a duly qualified physician 
or other remedial care upon due notice to the employer. Such ninety 
day period may be extended from time to time at the discretion of the 
labor commissioner upon written request of the injured employee to 
the labor commissioner and after the employer has been given an oppor- 
tunity to file objections thereto and to be heard thereon. In the event of 
the loss of an eye, limb, or other member, or the loss of hearing, by reason 
of said injury, an employer, in addition to the foregoing care, shall upon 
request, furnish, free of charge, an appropriate artificial appliance to 
replace such loss. Such aid shall not be considered under the provisions 
of sections 22 to 26. Whenever an injured employee shall receive medical 
or hospital benefits, or other remedial care, after expiration of the first 
ninety days after an injury, or subsequent to expiration of extension 
thereof by the labor commissioner, and, due to accident, misfortune, or 
mistake, fails to file a request for an extension prior to receiving such 



240 Chapter 194 [1961 

medical or hospital, or other remedial care, the labor commissioner, fol- 
lo\ving notice to the employer giving opportunity to be heard, may grant 
an extension retroactively. 

194:10 Compensation for Death. Amend the first paragraph of 
RSA 281:22 (snpp), as amended by 1957, 187:10 and 1959, 187:12 by 
striking out the word "forty" in the sixth line and inserting in place there- 
of the word, forty-two; further amend by striking out in the tenth and 
eleventh lines and in the thirteenth and fourteenth lines the words "thir- 
teen thousand six hundred and forty dollars" and inserting in each in- 
stance the words, fourteen thousand three hundred and twenty-two 
dollars, so that said paragraph as amended shall read as follows: If death 
results from the injury, the employer shall pay to, or for the dependents 
of the deceased employee, as defined in section 2, for a period not to ex- 
ceed three hundred and forty-one weeks, a weekly compensation equal 
to sixty-six and two-thirds per cent of the deceased employee's average 
weekly wages, but not less than twenty nor more than forty-two dollars 
per week unless the injured employee's average w^eekly wages as defined 
herein are less than twenty dollars per week, in which case the compen- 
sation shall be the full amount of said average weekly wages; provided 
that the total amount payable on account of a single death shall not ex- 
ceed the sum of fourteen thousand three hundred and twenty-two dollars. 
Any weekly payments made under sections 23, 25 or 26 shall be deducted 
from the total period of three hundred and forty-one weeks and the 
maximum of fourteen thousand three himdred and twenty-two dollars. 

194:11 Compensation for Temporary Total Disability. Amend RSA 
281:23 (supp), as amended by 1955, 98:5, 1957, 187:11 and 1959, 187:13 
by striking out in the seventh line the word "forty" and inserting in place 
thereof the word, forty-two, so that said section as amended shall read as 
follows: 281:23 Compensation for Temporary Total Disability. Where 
the injury causes total disability for work at any gainful occupation the 
employer, during such disability, but not including the first seven days 
thereof, unless such disability continues for seven days or longer, shall 
pay the injured employee a weekly compensation equal to sixty-six and 
two-thirds per cent of the employee's average weekly wages, but not less 
than fifteen dollars nor more than forty-two dollars per week, unless the 
injured employee's average weekly wages as defined herein are less than 
fifteen dollars per week, in which case the compensation shall be the 
full amount of said average weekly wages. Payments shall not continue 
after the disability ends nor longer than three hundred and forty-one 
weeks, and in case the total disability begins after a period of partial 
disability, the period of partial disability shall be deducted from such 
total period of three hundred and forty-one weeks. 

194:12 Compensation for Permanent Total Disability. Amend the 
last paragraph of RSA 281:24 (supp) as amended by 1955, 98:6 and 1957, 
187:2 by striking out the words "twelve thousand six hundred and seven- 



1961] Chapter 194 241 

teen" in the eighth and ninth lines and inserting in place thereof the 
words, fourteen thousand three hundred and twenty-two, so that said 
paragraph as amended shall read: 

The above enumeration is not to be taken as exclusive. Compensa- 
tion for permanent total disabilities shall be computed as provided in 
section 23, except that the minimum shall be not less than twenty dollars 
a week, unless the injured employee's average weekly wages as defined 
herein are less than twenty dollars per week, in which case the compensa- 
tion shall be the full amount of said average weekly wages. The total 
amount payable on account of one accident shall not exceed fourteen 
thousand three hundred and twenty-two dollars. 

194:13 Maximum Benefits. Amend RSA 281:30 (supp) as amended 
by 1955, 98:9; 1957, 187:14 and 1959, 187:14 by striking out said section 
and inserting in place thereof the following: 281:30 Maximum Benefits. 
In no case except as provided in sections 29 and 30-a, shall the weekly 
compensation payable under this chapter exceed sixty-six and two-thirds 
per cent of the average weekly wages, or exceed forty-t^vo dollars per 
week in amount, nor shall the total compensation exceed the sum of 
fourteen thousand three hundred and twenty-fwo dollars, nor shall any 
payments, including medical, hospital services, and other remedial care 
under section 21, extend over a period of more than three hundred and 
forty-one weeks from the date of the injury, provided, however, that in 
silicosis and other pulmonary dust disease cases said maximum period, 
for the purpose of payment of compensation, shall be deemed to run from 
the first date of disability and not from the date of injury as herein de- 
fined in such cases. 

194:14 Remedial Care. Amend RSA 281 by inserting after 281:30 
the follo^ving new section: 281:30-a Additional Medical, Hospital, or 
Other Remedial Care in Unusual Cases. Whenever an employee has 
received medical, hospital, or other remedial care during the last ninety 
days of the maximum benefit period, pursuant to a ninety day extension 
granted by the labor commissioner, as herein provided, the labor com- 
missioner may grant an extension of such medical and hospital benefits, 
or other remedial care, upon application duly made therefor, to such 
extent and for such additional period as he may determine, not exceed- 
ing one year, except as otherwise provided. The employer shall be given 
prompt notice of such request, and, unless the employer agrees to such 
request within ten days, no such request shall be granted until the in- 
jured employee shall have been examined by three duly licensed physi- 
cians, one nominated by the employee, one by the employer, and one by 
the labor commissioner. The labor commissioner's decision shall be based 
upon the written reports of such physicians, and shall be subject to review 
in the same manner as other decisions of the labor commissioner under 
this act. If, at the end of one year, any such benefits are still being received 
pursuant to an extension granted hereunder, the injured employee must 



242 Chapter 194 [1961 

file an additional request, and the same procedure shall apply, and may 
be repeated annually in the same manner. 

194:15 Hearings and Awards. Amend RSA 281:37 (supp) as amend- 
ed by 1955, 98:10 and 1959, 187:8 by striking out the word "sixty" in the 
t'omteenth line and inserting in place thereof the word, thirty, so that 
said section as amended shall read as follows: 281:37 Hearings and 
Awai'ds. If the compensation is not fixed by agreement, either party may 
petition for hearing and award in the premises to the labor commissioner, 
-^s'ho shall set a time and place for hearing and give at least fourteen days' 
notice thereof to the parties by giving notice in hand or by registered 
mail sent to their last kno^vn places of abode. At such hearing full con- 
sideration shall be given to all evidence which may be presented and 
within thirty days thereafter said commissioner shall render his decision 
and shall forthwith notify the parties thereof. Petition for hearing and 
a-^vard in the premises may be made by either party to the superior court, 
on appeal from an award made by the labor commissioner, the venue to 
be according to civil actions in personam between the same parties, and 
the court shall set a time and place for hearing and order at least fourteen 
days' notice thereof to the parties. Such petition shall be filed within 
thirty days of the date of said commissioner's award. At such hearing a 
full trial shall be had before a justice of the superior court, without jury, 
and within thirty days thereafter the court shall make its award setting 
forth its findings of fact and the law applicable thereto, and the clerk of 
court shall forthwith send to each of the parties and to the labor com- 
missioner copies of such award. The decision of said court shall be en- 
forceable in the same manner as an equity decree, and appeals from such 
decisions may be taken to the supreme court; but in no case shall such an 
appeal suspend the operation of an award unless the court from ^vhich 
such appeal is taken, shall so order. 

194:16 Review. Amend RSA 281:40 (supp) as amended by 1955, 
98:11; and 1959, 187:9 by striking out said section and inserting in place 
thereof the following: 281:40 Review of Eligibility for Compensation. 
Any party in interest may, under conditions hereinafter specified, file a 
petition with the labor commissioner, based upon change in conditions, 
mistake as to nature or extent of injury or disability, fraud, undue in- 
fluence, or coercion to review an employee's eligibility for compensation 
or to change the amount thereof. Such petition must be filed not later 
than one year after the date of the last payment of compensation fixed 
by agreement under section 36 or by award under section 37, or, if no 
compensation has previously been paid, not later than one year after the 
date of last medical or hospital treatment, resulting from the injury, the 
charges for which are payable under this chapter. This section shall have 
no application to requests for extension of medical and hospital benefits, 
or other remedial care, which shall be governed solely by those sections 
of this chapter relating thereto. Upon the filing of such petition, and 



1961] Chapter 195 243 

after notice to all other interested parties and hearing, the labor com- 
missioner shall enter an order either granting or denying an original 
award of compensation, if none has theretofore been paid, or for ending, 
diminishing or increasing the compensation previously fixed by agree- 
ment or awarded, subject to the maximum or minimum provided in this 
chapter and shall state his reasons therefor. When a petition is filed for 
reduction of compensation, or for ending the same, the petitioner must 
accompany such petition with medical evidence that the injured em- 
ployee is physically able to perform his regular work, or is able to engage 
in gainful employment. On the basis of such medical evidence the com- 
missioner may authorize suspension of further payments pending hearing 
on the petition; otherwise compensation shall continue on the basis of 
existing agreement or award pending hearing and any further order by 
the commissioner. Such a review shall not affect such agreement or award 
with respect to money already paid. All procedure on such a petition 
shall be the same as herein provided for original hearings. Appeal from 
the decision of the commissioner of labor to the superior court may be 
made in the same manner as provided in section 37. 

194:17 Petition for Right to Appeal, Amend RSA 281:42 by striking 
out the word "sixty" in the third line and inserting in place thereof the 
word, thirty, so that said section as amended shall read as follows: 281:42 
Petition for Right to Appeal. Any person, aggrieved by a decision of the 
commissioner, who was prevented from appealing therefrom within 
thirty days through mistake, accident, or misfortune and not his own 
neglect, may petition the superior court at any time within one year 
thereafter, to be allowed an appeal, setting forth his interest, his reason 
for appealing and the cause of his delay. 

194:18 Second Injury Fund. Such parts of RSA 281:48 as provide 
for payments into the second injury fund are hereby suspended for the 
period of July 1, 1961 to July 1, 1963, 

194:19 Takes Effect, This act shall take effect July 1, 1961, 
[Approved June 26, 1961,] 
[Effective date July 1, 1961,] 



CHAPTER 195. 

AN ACT RELATIVE TO CERTAIN DEPOSIT ACCOUNTS IN SAVINGS BANKS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

195:1 Certain Deposit Accounts. Amend RSA 386 by adding at the 
end thereof the following new subdivisions: 



244 Chapter 195 [1961 

Special Notice Account Deposits 

386:44 Authorization. Without limiting the authority and powers 
contained in the general laws or their respective charters and the by-laws 
enacted pursuant thereto, savings banks may, if their trustees so deter- 
mine, accept and receive deposits to be known as special notice account 
deposits, subject to the provisions ol: this subdivision. 

386:45 Special Notice Account Agreements. Any such deposits shall 
be received subject to a written agreement between the corporation and 
the depositor or joint depositors, which agreement shall contain the fol- 
lo^sdng provisions: 

I. Except as hereinafter provided in respect of dividends on such 
deposits, neither the whole nor any part of such deposits may be with- 
drawn other than pursuant to the terms of a written withdrawal notice of 
ninety days or more signed by such depositor or either of two joint de- 
positors and received by such corporation. Such notice shall state that 
stich depositor or joint depositor proposes in whole or in specified part 
to ^sdthdra-w such deposits during a withdrawal period commencing upon 
a day specified in such withdrawal notice (which day shall be not less 
than ninety days following the receipt by the corporation of such with- 
dra-^val notice) and terminating upon the expiration of the ninth day 
following or, if such ninth day shall be a Saturday, Sunday or legal holi- 
day, upon the expiration of the business day next succeeding such ninth 
day. 

II. Any ordinary, extra or additional dividend on such deposits may 
be withdrawn pursuant to a written permanent dividend order signed 
by such depositor or either of two joint depositors and received by such 
corporation prior to the declaration of such dividend or pursuant to a 
demand made by such depositor or either of two joint depositors within 
one year after the day upon which such dividend was declared. If not so 
withdrawn, no such dividend shall be withdrawn except as hereinbefore 
provided in subparagraph I. 

386:46 Withdrawals. No such corporation shall permit the whole or 
any part of such deposits or any ordinary, extra or additional dividend 
declared thereon to be withdrawn, in whole or in part, except in ac- 
cordance ^vith the terms of such agreements. 

386:47 Deposit Books. Each deposit book or other evidence of de- 
posit received under this subdivision shall contain, either in original 
text or by stamp inserted, the title "Special Notice Account" and shall 
also plainly set forth the phrase "Ninety Days' Written Notice Required 
for Withdrawal." 

Bonus Account Deposits 

386:48 Authorization. Without limiting the authority and powers 
contained in the general laws or their respective charters and the by-la^vs 



1961] Chapter 195 245 

enacted pursuant thereto, savings banks may, if their trustees so deter- 
mine, accept and receive deposits to be known as bonus account deposits, 
subject to the provisions of this subdivision, 

386:49 Bonus Account Agreements. Any such deposits shall be 
received subject to a written agreement between the corporation and the 
depositor or the joint depositors, which agreement shall contain the fol- 
lowing provisions: 

I. The corporation, in addition to its ordinary and any extra 
dividends, as authorized in section 10 of this chapter, shall, subject to the 
provisions of said section 10, pay on such deposits a bonus dividend at 
such time and rate as is hereinafter provided, on condition that the de- 
positor or joint depositors shall on or before a designated day in each 
month for a period of at least forty-eight months deposit with the cor- 
poration a specified monthly amount, not less than ten dollars, without 
a delay of more than thirty days or anticipation of more than three 
months in the deposit of any monthly amount, without the withwrawal 
of the whole or any part of such deposits or any ordinary or extra divi- 
dends declared thereon and without the taking of any loan from such 
corporation secured by such deposits under RSA 387:5. 

II. If the depositor or joint depositors shall make ninety-six month- 
ly deposits in accordance with the conditions of such agreement such 
bonus dividend shall be at a specified rate not exceeding one per cent 
per annum and shall be paid either on the designated day in the ninety- 
sixth month or on the day upon which the ninety-sixth monthly deposit 
is made, whichever is later. 

III. If the depositor or joint depositors, after having made at least 
forty-eight but before having made ninety-six monthly deposits in ac- 
cordance with the conditions of such agreement, shall withdraw all or 
any part of such deposits or any ordinary or extra dividends declared 
thereon, or shall fail on or before the expiration of the thirtieth day fol- 
lowing the designated day in any month to deposit with the corporation 
the monthly amount specified therein, or shall receive from such corpora- 
tion a loan secured by such deposits under RSA 387:5, such bonus divi- 
dend shall be at a specified rate not exceeding one-half per cent per an- 
num and shall be paid on the day of such withdrawal, such failure to 
deposit, or the receipt of such loan. 

IV. Upon the payment of a bonus dividend or upon the failure by 
the depositor or joint depositors to comply in any respect with the condi- 
tions of such agreement prior to making at least forty-eight monthly 
deposits, such deposits or the remainder thereof shall thereupon cease 
to be entitled to earn or be paid any bonus dividend and, within thirty 
days thereafter, shall be transferred by such corporation to and held by 
such corporation until withdrawn in, a deposit account ^vhich shall not 
be subject to any bonus account agreement, shall not earn or be paid 



246 Chapter 195 [1961 

any bonus dividend, and, for the purpose of determining eligibility for 
any ordinary and extra dividends which may thereafter be declared, shall 
be treated as having been on deposit in an account not subject to any 
bonus account agreement since the date or dates on \vhich such deposits 
were made. 

386:50 Deposit Books. Each deposit book or other evidence of de- 
posit received inider this subdivision shall contain, either in original text 
or by stamp inserted, the title "Bonus Account" and shall also plainly set 
forth the sentence: "No bonus dividend shall be earned if the depositor 
fails to make at least forty-eight monthly deposits in compliance with the 
conditions of the bonus account agreement." 

Dividends on Such Special Accounts 
386:51 Authorization. The payment of additional dividends on 
special notice account deposits and of bonus dividends on bonus account 
deposits shall be subject to the requirements of this subdivision. 

386:52 Dividend Period. An additional dividend on special notice 
account deposits shall be authorized and declared by the trustees at the 
same time and for the same periods as and for which ordinary dividends 
are declared. Additional dividends on special notice account deposits shall 
be declared from the net income available therefor, as provided in sec- 
tion 10 of this chapter, after making such provisions as the trustees shall 
determine, subject to the approval of the commissioner, to reserve a por- 
tion of such net income for the payment of bonus dividends on bonus 
account deposits. Bonus dividends on bonus account deposits shall be 
paid when due under the provisions of the applicable bonus account 
agreements and shall be paid from the net income which is reserved there- 
for at the time ordinary dividends are determined. 

386:53 Rate and Computation. Additional dividends on special 
notice account deposits shall be at such rate, not less than one-eighth nor 
more than one-half of one per cent per annum, as the trustees shall deter- 
mine. Bonus dividends on bonus account deposits shall be at the rate 
specified in the applicable bonus account agreement. If not withdrawn, 
additional dividends on special notice account deposits shall be treated 
as deposits added to the account upon which declared and, in computing 
the dividend next following, shall be considered as having been on de- 
posit for the preceding dividend period. If not withdrawn, bonus divi- 
dends on bonus account deposits shall be treated as deposits added to 
the account upon which paid and, in computing the dividend next 
following, shall be considered as having been on deposit since the date 
upon which such bonus dividends became due. 

195:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1961.] 
[Effective date August 25, 1961.] 



1961] Chapter 196 247 

CHAPTER 196. 

AN ACT RELATIVE TO SUPERVISORY UNIONS AND TEACHER CONSULTANTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

196:1 Teacher Consultants. Amend paragraph XXII of RSA 186:11 
by striking out said paragraph and inserting in place thereof the follow- 
ing: XXII. Superintendents; Assistant Superintendents; Teacher Con- 
sultants. Upon consultation with the local school boards in each super- 
visory union, and upon the nomination of said school boards of a suitable 
and competent person, employ such person as superintendent. It may 
employ by the same method one or more assistant superintendents or 
teacher consultants when that is reasonably necessary, and may remove 
a superintendent or assistant superintendent or teacher consultant when 
the interests of the schools require it. 

196:2 Salaries. Amend paragraph XXIII of RSA 186:11 (supp) as 
amended by 1957, 252:1, by striking out said paragraph and inserting 
in place thereof the following: XXIII. Salaries. Fix the state's share 
of the salary or salaries of the superintendent, assistant superintendent 
and approved teacher consultant for supervisory unions in such manner 
that financial support to supervisory unions shall recognize the element of 
financial need to the end that the supervisory and administrative services 
to public education shall be on a more equitable and efficient basis; pro- 
vided, however, that the total amounts so fixed in any one fiscal year shall 
not exceed the amount available to the state for this purpose from school 
districts under the provisions of RSA 194:12, and the amounts received 
under the provisions of said section 12 shall be maintained in a special 
fund by the state treasurer and be used for no other purpose than the 
salaries of superintendents, assistant superintendents and teacher con- 
sultants for supervisory unions. For the purpose of this paragi^aph the 
state's share of the superintendents' annual salary shall be fixed so that 
each of the amounts so fixed shall vary with specifically designated ranges 
of equalized valuation as listed in the following table: 

State's Share of Range of the Latest Equalized 

Superintendent's Salary Valuation per Union 

$4,500.00 -$14,999,999 

4,250.00 $15,000,000 - 16,999,999 

4,000.00 17,000,000 - 18,999,999 

3,750.00 19,000,000 - 20,999,999 

3,500.00 21,000,000 - 22,999,999 

3,250.00 23,000,000 - 24,999,999 

3,000.00 25,000,000 - 26,999,999 

2,750.00 27,000,000 - 28,999,999 

2,500.00 29,000,000 - and over 



248 Chapter 196 [1%! 

The state board of education is hereby instructed to adjust the state's 
share of the superintendents' salaries so that in so far as is possible, the 
present relationship bet-ween the equalized valuations of the supervisory 
unions and the state's share of the superintendents' salaries will be main- 
tained. The state's share of the annual salaries of any assistant superin- 
tendent or teacher consultant shall be fixed at twenty-five hundred dollars 
per year. 

196:3 Definition. Amend paragraph XXIV of RSA 186:11 (supp) as 
amended by 1957, 252:1, by striking out said paragraph and inserting in 
place thereof the following: XXIV. Teacher Consultant as referred to 
in paragraph XXIII, is defined as a teacher with specific training and 
experience which will enable her, or him, to give helpful advice, counsel 
and assistance to teachers, pupils and parents of a school system as a con- 
structive means of improving the educational growth and development 
of children, solving pupil problems of retardation and maladjustment, 
adopting the program of studies to meet the needs of the children and 
the community, bringing resources outside of the school to classroom 
teachers, pupils, parents and community and in general acting as a con- 
sultant to the entire staff and community in the recognition of the educa- 
tional needs. All teacher consultant positions hereinafter established shall 
be only after a majority of the school districts in the supervisory union 
representing not less than eighty-five per cent of the total pupils in the 
supervisory union have voted favorably upon the establishment of the 
position. 

196:4 Supervisory Union. Amend RSA 189:43 by striking out said 
section and inserting in place thereof the following: 189:43 Organization 
and Duties. The school boards of the several districts forming a super- 
visory union shall meet between April first and June first in each year, at 
a time and place fixed by the chairmen of the several boards, and organize 
by choosing a chairman, a secretary, and a treasurer. They shall, when 
necessary, nominate a superintendent or superintendents and teacher con- 
sultant, fix the salary or salaries, and apportion the same among the sev- 
eral districts and certify the apportionment to their respective treasurers 
and to the state board of education. 

196:5 Union Action. Amend RSA 189:44 by striking out said section 
and inserting in place thereof the following: 189:44 Additional Salaries. 
Any union may add such sum as it sees fit to the salary of the superin- 
tendent, assistant superintendent or teacher consultant as fixed by the 
state board, and in that event the treasurer of the union shall pay such 
excess salary or salaries into the state treasury, the proportion for each 
district to be as determined by the supervisory board for the union. 

196:6 Inclusions. Amend RSA 189:47 by striking out said section 
and inserting in place thereof the following: 189:47 Budget. At a meet- 
ing held before January first of each year the supervisory union board 



1961] Chapter 196 249 

shall adopt a budget required for the expenses of the supervisory union 
for the next fiscal year, which budget may include the salary and expenses 
of supervisors of health, physical education, music, art and guidance, 
and any other employees, and expenses necessary for the operation of the 
supervisory union. The regularly employed office personnel of the super- 
visory union office shall be deemed employees of the union in so far as 
payment of salaries and contributions to the employees retirement system 
of the state of New Hampshire are concerned. The supervisory union 
board shall apportion the total amount of the budget among the con- 
stituent school districts on the following basis, provided that each district 
shall be required to pay for only those services in which they share. The 
basis for the apportionment shall be one-half on the average membership 
for the previous school year and one-half on the equalized valuation of 
the district. Prior to January fifteenth in each year, the board shall certify 
to the chairman of the school board of each constituent school district 
the amount so apportioned. Each district within a supervisory union shall 
raise at the next annual district meeting the sum of money apportioned 
to it by the supervisory union board for the expenses of services which 
each district received in connection with the union office. The provisions 
of this section shall not apply to supervisory unions comprising only one 
district. The supervisory union board in adopting the budget shall not 
add any new service to the supervisory union budget unless a majority of 
the school districts in the supervisory union representing not less than 
eighty-five per cent of the total pupils in the supervisory union have voted 
favorably upon the establishment of the service. A vote to accept a new 
service shall not be construed as a vote to raise and appropriate money 
within the meaning of RSA 197:3. 

196:7 Superintendent. Amend RSA 189:48 by striking out said 
section and inserting in place thereof the following: 189:48 Reports. 
Each superintendent of a supervisory union shall annually prepare a 
report showing the total salary paid to the superintendent, -^vhich report 
shall sho\v in detail the amount derived from the per capita tax and the 
amount paid directly by each school district in the union. Said report 
shall be filed with the school board of each school district involved and 
shall be included in the annual report of the respective school district 
as a separate entry. A like report and entry shall be made for each assistant 
superintendent and each teacher consultant, if any is in service in the 
union. 

196:8 Liability Insurance. Amend RSA 412:3 by inserting after 
the words "school district" in the third line the words, supervisory union, 
so that said section as amended shall read as follows: 412:3 Procured by 
Governmental Agency. It shall be lawful for the state or any minricipal 
subdivision thereof, including any county, city, town, school district, 
supervisory union or other district, to procure the policies of insurance 
described in section 1 of this chapter. In any action against the state or 



250 Chapter 197 [1961 

any municipal subdivision thereof to enforce liability on account of a 
risk so insured against, the insuring company or state or municipal sub- 
division thereof, shall not be allowed to plead as a defense immunity from 
liability for damages resulting from the performance of governmental 
functions, and its liability shall be determined as in the case of a private 
corporation. Provided, however, that liability in any such case shall not 
exceed the limits of coverage specified in the policy of insurance, and 
the court shall abate any verdict in any such action to the extent that it 
exceeds such policy limit. 

196:9 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved June 26, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 197. 

AN ACT RELATIVE TO THE CONSTRUCTION OF A DINING HALL AT THE UNIVER- 
SITY OF NEW HAMPSHIRE, COST TO BE LIQUIDATED FROM INCOME. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

197:1 Appropriation. The sum of one million seven hundred thou- 
sand dollars is hereby appropriated for the purpose of constructing, fur- 
nishing, and equipping a dining hall, including a central commissary, 
and remodeling the existing commons building, at the University of New 
Hampshire. All contracts for the construction of all or any part of said 
building shall be let (1) at public sealed bidding, (2) only after an adver- 
tisement calling for bids has been published at least once in each of two 
successive calendar ^veeks in a ne^vspaper of general circulation in Ne'w 
Hampshire, the first publication being not less than thirty days prior to 
the date the bids will be received, and (3) to the lowest responsible bidder. 
This appropriation shall be a continuing appropriation and shall not 
lapse. 

197:2 Borrowing. In order to provide funds for the appropriation 
made in section 1 hereof, the trustees of the university are hereby author- 
ized to request the governor and council to borrow upon the credit of 
the state not exceeding the sum of one million seven hundred thousand 
dollars. 

197:3 State Bonds or Notes. The governor, upon receipt of a request 
from the board of trustees of the university, and by and with the consent 
of the council, may direct the state treasurer to borrow upon the faith 
and credit of the state a sum not exceeding one million seven hundred 
thousand dollars for the purpose of carrying into effect the provisions 
of this act, and for said purpose may issue bonds in the name and on be- 



1961] Chapter 197 251 

half of the state at a rate of interest to be determined by the governor 
and council. The maturity dates of such bonds shall be determined by 
the governor and council, but in no case shall they be later than thirty 
years from the date of issue. The bonds shall be in such form and denom- 
ination as the governor and council shall determine, may be registerable 
as to both principal and interest, shall be signed by the treasurer and 
countersigned by the governor and shall be deemed a pledge of the faith 
and credit of the state. The secretary of state shall keep an account of all 
such bonds showing the number and amount of each, the time of counter- 
signing, the date of delivery to the state treasurer and the date of ma- 
turity. The state treasurer shall keep an account of each bond showing 
the number thereof, the name of the person to whom sold, the amount 
received from the same, the date of the sale and the date of maturity. 

197:4 Short Term Notes. Prior to the issuance of the bonds here- 
under, the state treasurer, with the approval of the governor and council, 
may for the purposes hereof borrow money from time to time on short 
term loans which may be refunded by the issuance of bonds hereunder. 
Provided, however, that at no one time shall the indebtedness of the state 
on such short term loans exceed the sujn of one million seven hundred 
thousand dollars. 

197:5 Sale of Bonds or Notes. All notes or bonds, except short term 
loans, issued under the provisions of this act shall be negotiated and sold 
by the treasurer by direction of the governor and council as they deem to 
be most advantageous to the state. The proceeds from the sale of such 
bonds shall be held by the state treasurer and paid out by him upon war- 
rants drawn by the governor for the purpose of this act only and the 
governor, with the advice and consent of the council, shall draw his war- 
rant for the payments from the funds provided by this act of all sums 
expended or due for the purposes herein authorized. All interest from 
such bonds shall be exempt from taxation within the state. 

197:6 Liquidation. The trustees of the university are authorized 
to maintain the dining hall constructed under section 1 of this act and 
to collect charges for food served therein. The net income from such 
charges shall be kept in a separate fund from which shall be paid the 
maintenance of said dining hall. The balance of said net income, to- 
gether with the net income from other food service charges, shall be used 
for the payment of the annual interest on the state borrowing for the 
purposes of said section 1 and for the payment of installments of principal 
as the same become due until such time as all obligations incurred under 
the provisions of section 1 have been met and thereafter said property 
shall become a part of the university property. 

197:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1961.] 
[Effective date August 25, 1961.] 



252 Chapter 198 [1961 

CHAPTER 198. 

AN ACT RELATIVE TO AGREEMENTS WITH THE UNIVERSITY OF VERMONT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

198:1 Agieements Authorized. The governor is authorized to enter 
into agreements on behalf of the state ^vith the University of Vermont, 
whereby the state Avdll agree to pay said university sums not exceeding 
twenty-five hundred dollars per academic year beginning after September 
1, 1961, for each New Hampshire resident admitted and enrolled in the 
College of Medicine of said university. 

198:2 Payments Authorized. The governor is authorized to draw 
his warrants for such sums as may become due mider the agreements au- 
thorized in the preceding section. Such sums shall be a charge on the 
funds appropriated under a joint resolution entitled "Joint Resolution 
for appropriation for carrying out provisions relative to regional agree- 
ments for educational facilities for New Hampshire residents", approved 
March 16, 1961. The payments authorized hereunder shall not exceed the 
amount provided in said resolution. 

198:3 Inapplicability of Statutes. The provisions of RSA 200-A in 
so far as agreements and payments under this act are concerned shall not 
be applicable and the requirements set forth in the above mentioned 
resolution for regional agreements and the administration of expenditures 
thereunder by the New Hampshire members of the New England Board 
of Higher Education shall not apply to expenditures hereunder. 

198:4 Appropriation. There is hereby appropriated the sum of 
fifty-one thousand five hundred sixty dollars to be paid to the University 
of Vermont in full satisfaction of the present obligation of the state of 
New Hampshire to said university under a compact by the terms of which 
the university provided preferential admissions at its College of Medi- 
cine to students from the state of Ne^v Hampshire. The governor is au- 
thorized to draw his warrant for the sum hereby appropriated out of any 
money in the treasury not otherwise appropriated. 

198:5 Takes Effect. This act shall take effect upon its passage. 
[Approved June 26, 1961.] 
[Effective date June 26, 1961.] 



CHAPTER 199. 

AN ACT RELATIVE TO COUNTY CONVENTIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

199:1 County Conventions. Amend RSA 24 by inserting after sec- 
tion 9 the followinsf new sections: 



1961] Chapter 199 253 

24:9-a First Meeting. The first meeting of the county convention 
shall be convened on the second Wednesday of each biennial session of the 
general court at two o'clock in the afternoon in the city or town where 
the house of representatives meets. 

24:9-b — Notice. During the month of December in each even- 
numbered year the secretary of state shall mail, to each person elected a 
member of the county convention at the biennial election next preceding 
from a town not entitled to elect a representative, a notice stating: (1) the 
date when and the place where the first meeting of the county convention 
will be convened; (2) the member will be entitled to receive three dollars 
per day for actual attendance and mileage of ten cents a mile for travel 
to and from the place of meeting. A copy of the roster of new members of 
the legislature shall be mailed coinciden tally with the mailing of the 
notice. Notice of this meeting shall be printed for two legislative days in 
the journal of the house of representatives. 

24:9-c Further Meetings. The chairman of the convention or a 
majority of the members of the convention may, and the chairman of 
the convention upon the ^vritten request of the county commisisoners 
shall, call a further meeting or meetings of the county convention. On a 
day on which there is a meeting of the house of representatives such meet- 
ings may be held only in the city or town in which such meeting of the 
house of representatives is held. On days when there is no meeting of 
the house of representatives such meetings may be held at any place in 
the county. 

24:9-d — Notice. The clerk of the convention shall mail to each 
member of the convention a notice stating the time, place and purpose 
of the meeting at least seven days before the day of the meeting and shall 
cause to be published a like notice at least seven days before the day of 
the meeting in a newspaper of general circulation in the county, except 
that mailing such notice to any member who is a member of the house 
of representatives shall not be required during any session of the general 
court, provided such notice is printed for two legislative days in the jour- 
nal of the house of representatives. 

24:9-e Compensation of Members. Members of the county conven- 
tion shall be entitled to receive from the county treasury three dollars 
per day for actual attendance at meetings of the convention and ten cents 
a mile for travel to and from the place of meeting except that members 
of the house of representatives shall not be entitled to receive any com- 
pensation or mileage for attending such meetings on a day when there is 
a meeting of the house of representatives. 

24:9-f Meetings of Executive Committee. Either the chairman of 
the convention or the chairman of the executive committee may call 
meetings of the executive committee to be held at any time either at the 
state house in Concord or at any place within the respective county. The 



254 Chapter 200 [1961 

members of the executive committee shall be entitled to the same com- 
pensation and travel expenses for actual attendance at such meetings as 
is provided for attendance at meetings of the convention in section 9-e 
of this chapter, to be paid from the county treasury, provided that no 
such compensation and expenses shall be allowed when such meeting is 
held at the state house in Concord. 

199:2 Repeal. RSA 24:3 through 9 inclusive, relative to meetings 
of county convention and executive committee, are hereby repealed. 

199:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1961.] 
[Effective date August 25, 1961.] 



CHAPTER 200. 

AN ACT PROVmiNG FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES OF 

THE LEGISLATURE. 

Be it. Enacted by the Senate and House of Representatives in General 
Court convened: 

200:1 Supplemental Appropriation. The sum of one hundred fifty 
thousand dollars is hereby appropriated for the fiscal year ending June 
30, 1961 for expenses of the legislature. This appropriation shall be in 
addition to any other sums appropriated for the legislature, shall not lapse 
and shall not be transferred to any department, institution or account. 
The sum hereby appropriated shall be a charge on the general fund. 

200:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 26, 1961.] 
[Effective date June 26, 1961.] 



CHAPTER 201. 

AN ACT RELATING TO THE LIABILITY OF LANDOWNERS. 

Whereas, legislation is desirable to clarify and to codify the common 
law with respect to the duty of care owed by landowners to-^s^ards others 
who may be on their premises for sporting or recreational purposes and 
not for purposes connected with landowner's own business, now therefore 
Be it Enacted by the Senate and House of Representatives in General 

Court convened: 

201:1 Recreational. Amend RSA 212 by adding at the end therof 
the following new subdivision: 



1961] Chapter 202 255 

Liability of Landowners 

212:34 Duty of Care. I. An owner, lessee or occupant of premises 
owes no duty of care to keep such premises safe for entry or use by others 
for hunting, fishing, trapping, camping, water sports, hiking or sight- 
seeing, or to give any warning of hazardous conditions, uses of, structures, 
or activities on such premises to persons entering for such purposes, ex- 
cept as provided in paragraph III hereof. 

II. An owner, lessee or occupant of premises who gives permission 
to another to hunt, fish, trap, camp, hike or sightsee upon such premises 
does not thereby (a) extend any assurance that the premises are safe for 
such purpose, or (b) constitute the person to whom permission has been 
granted the legal status of an invitee to whom a duty of care is owed, or 
(c) assume responsibility for or incur liability for any injury to person 
or property caused by any act of such person to whom permission has 
been granted except as provided in paragraph III hereof. 

III. This section does not limit the liability which otherwise exists 
(a) for wilful or malicious failure to guard or warn against a dangerous 
condition, use, structure or activity; or (b) for injury suffered in any case 
where permission to hunt, fish, trap, cainp, hike or sightsee was granted 
for a consideration other than the consideration, if any, paid to said land- 
owner by the state; or (c) for injury caused by acts of persons to whom 
permission to hunt, fish, trap, camp, hike or sightsee was granted to third 
persons as to whom the person granting permission, or the owner, lessee 
or occupant of the premises, owed a duty to keep the premises safe or to 
warn of danger. 

IV. Nothing in this section creates a duty of care or ground of lia- 
bility for injury to person or property. 

201:2 Takes Effect. This act shall take effect sixty days after its 
passage, 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 202. 

AN ACT REQUIRING VOTING OF COUNTY BUDGETS ANNUALLY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

202:1 Budget Statement. Amend RSA 24:21 by striking out the 
words "February of each biennial session of the legislature" in the third 
line and inserting in place thereof the words, January annually; by strik- 
ing out the words "each of the two years" in the sixth line and inserting 



256 Chapter 203 [1961 

in place thereof the words, the year; by striking out the words "in any 
county Av^iere appropriations are made annually such statements shall be 
furnished annually by the last day of February," in the eighth and ninth 
lines; and by striking out the word "fourteen" in the eleventh line and 
inserting in place thereof the word, twenty-eight, so that said section as 
amended shall read as follo^s^s: 24:21 Budget Statement. The county 
commissioners shall deliver or mail to each member of the county con- 
vention and to the secretary of state prior to the last day of January an- 
nually a statement of the condition of the county treasury on the preceding 
December thirty-first, accompanied by their itemized recommendations 
of the sums necessary to be raised for the county in the year next ensuing, 
stating therein in detail the objects for which the money is required. No 
county convention shall vote appropriations for the ensuing budget 
period until twenty-eight days shall have elapsed from the mailing of 
such statements. 

202:2 Public Hearing on Budget Estimates. Amend RSA 24:23 by 
striking out the words "later than seven" in the first line and inserting in 
place thereof the words, earlier than ten nor later than twenty, so that 
said section as amended shall read as follows: 24:23 — Public Hearing. 
Not earlier than ten nor later than twenty days after the mailing of the 
commissioners' statement there shall be held within the county at such 
time and place as the chairman of the county convention may specify, 
a public hearing on the budget estimates as submitted by the commis- 
sioners. Notice of such public hearing shall be submitted by the clerk 
of the county convention, with a summary of the budget as submitted, 
for publication in a newspaper of general circulation in the county at 
least three days prior to the date of said hearing. 

202:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 203. 

AN ACT RELATIVE TO LEGISLATIVE MILEAGE. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

203:1 Mileage Rate Increased. Amend RSA 14:15 (supp) as amend- 
ed by 1957, 272:1 by striking out said section and inserting in place 
thereof the following: 14:15 Travel Allowance to Members. A member 
of the general court shall be allowed for mileage per mile of the round 
trip to and from his town or city ward each day of attendance at the fol- 
lowing rates, for the first forty-five miles thereof twenty-five cents per 



1961] Chapter 204 257 

mile, and for all miles in excess of forty-five miles eight cents per mile, 
provided, however, that mileage shall be computed on a minimum basis 
of twenty miles per round trip. Each member of the house of representa- 
tives shall present evidence of his attendance by signing in person the 
roll provided for that purpose and by complying with such other regula- 
tions with respect thereto as the house may from time to time adopt. Any 
member of the general court absent for any cause from such attendance 
shall not be allo^ved mileage for the day he is so absent. 

203:2 City of Concord. Amend RSA 14:17-a (supp) as inserted by 
1959, 168:1 by striking out said section and inserting in place thereof the 
following: 14;17-a Attaches. For the purpose of the computation of 
travel allowance for officers or employees of the general court, residing 
in ^vards 2 to 9 of the city of Concord, in accordance with the provisions 
of RSA 14:18 the mileage allowance shall be based upon a distance of six 
miles for a one-^vay trip. 

203:3 Additional Mileage Allowances in Certain Cases. Amend 
RSA 14 by inserting after section 17-a (supp) as inserted by 1959, 168:1 
the following new section: 14:17-b Additional Mileage Allowance. Any 

member of the general court 'ivhose home is at a greater distance from 
the state house than the distance specified for his town or ^vard in section 
17 shall be paid for such additional distance. 

203:4 Takes Effect. This act shall take effect as of January 4, 1961. 
[Approved June 28, 1961.] 
[Effective date January 4, 1961.] 



CHAPTER 204. 

AN ACT PROVIDING FOR THE DISPOSITION OF CERTAIN ABANDONED PROPERTY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

204:1 Abandoned Property Removed from Safe Deposit Boxes. 

Amend RSA 385 by adding after section 3 the following ne'^v sections: 
385:4 Delivery to State. At the expiration of five years after the removal 
of the contents of such safe or box, the corporation shall sell all the prop- 
erty or articles of value set out in said written statements at public auction, 
provided that a notice of the time and place of sale has been published 
once ^veekly for three consecutive weeks, the last such publication being 
no less than ten days before said public auction, in a newspaper published 
in the place where the sale is held, or having a general circulation in such 
place. 

385:5 Disposition of Proceeds. From the proceeds of said sale the 
corporation shall deduct all its charges for rental up to the time of open- 



258 Chapter 205 [1961 

ing said box or safe, the cost of opening, further cost of safekeeping all 
its contents and any costs of said public auction, and shall deliver the 
net cash proceeds from such public auction to the state treasurer together 
^\'ith a statement of all charges deducted from the proceeds of said auction 
^vhich shall be signed by the president, treasurer or superintendent of 
said corporation and acknowledged before a notary public or justice of 
the peace. The receipt of the state treasurer for the net cash proceeds 
realized from the contents of said box or safe shall constitute a full dis- 
charge of the corporation for such contents. 

385:6 Record. The state treasurer shall keep in a book provided 
for that purpose a record of all such cash, with the names of the persons 
to whom it belongs, and their residences, so far as known. 

385:7 Delivery Over; Escheat. The state treasurer shall deliver the 
net cash proceeds to the person or persons to whom it belongs, or to their 
legal representatives, whenever called for, provided however that said 
net cash proceeds delivered to the state treasurer and not claimed within 
twenty years after such delivery shall escheat to the state. 

204:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 205. 

AN ACT RELATIVE TO MUFFLERS ON MOTOR VEHICLES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

205:1 Mufflers On Motor Vehicles. Amend RSA 263:46 by striking 
out said section and inserting in place thereof the following new section: 
263:46 Muffler, Prevention of Noise. 

I. Every motor vehicle shall at all times be equipped with a muffler 
in good ^vorking order and in constant operation to prevent excessive or 
unusual noise, and no person shall use a muffler cut-out, by-pass or similar 
device upon a motor vehicle on a highway. 

II. The engine and power mechanism of every motor vehicle shall 
be so equipped and adjusted as to prevent the escape of excessi^•e fumes, 
smoke, flame, gas, oil or fuel residue. 

III. No person shall modify the exhaust system of a motor vehicle 
in any manner which will amplify or increase the noise emitted above 
that emitted by the original muffler installed in the vehicle and such 
original muffler shall comply with all the requirements of this section. 



1961] Chapter 206 259 

IV. A muffler is a device consisting of a series of chambers, or baffle- 
plates, or other mechanical design for the purpose of receiving exhaust 
gases and effectively reducing noise. 

205:2 Special Study Committee. There is hereby established a com- 
mittee consisting of five members: one to be appointed by the president 
of the senate, two to be appointed by the speaker of the house and two 
to be appointed by the governor. Said committee is hereby authorized, 
empowered and directed to study the advisability of defining excessive 
noise on the basis of decibels and the accuracy, efficiency and reliability 
of a sound meter so calibrated in relation to motor vehicle exhaust noises 
and to report its findings to the 1963 general court. 

205:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 206. 

AN ACT RELATIVE TO COOPERATIVE SCHOOL DISTRICTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

206:1 Procedure. Amend RSA 195:3 (supp) as amended by 1955, 
334:7 by adding at the end thereof the following new paragraph: III. 
When a school district has voted to petition the state board to become a 
part of a cooperative school district there shall be no further action taken 
by said school district until the state board has acted upon the petition. 

206:2 Number of Members of Cooperative School Board. Amend 
the first paragraph of paragraph II of RSA 195:4 by striking out the words 
"or nine" in the third line and inserting in place thereof the following 
words, nine or as many more to a limit of fifteen as shall be necessary to 
make it possible for each pre-existing district to have at least one member, 
so that said first paragraph of paragraph II as amended shall read as fol- 
lows: The first cooperative school board shall be elected at the organiza- 
tion meeting. Whether the number of members of the cooperative school 
board shall be five, seven, nine or as many more to a limit of fifteen as 
shall be necessary to make it possible for each pre-existing district to have 
at least one member, shall be determined by the voters at this meeting, 
before the election takes place. The school boards of the pre-existing 
districts shall make, post and correct a list of the legal voters in the dis- 
trict as supervisors are required to do and such lists shall be checked at 
the election of officers at this organization meeting. All school board 
members at this meeting and at subsequent annual district meetings shall 



260 Chapter 206 [1961 

be elected so as to insure each school district forming a part of the co- 
operative school district a member of the cooperative school board. Other 
members shall be elected at large or as determined by the voters. The 
first cooperative school board shall be elected by ballot by plurality vote 
of those qualified voters present and voting. The board member receiving 
the largest number of votes shall be elected for the longest term of office 
as adopted by the district with other members receiving their term of 
office in the same manner. Subsequent elections of school board members 
and the moderator shall be in accordance with the non-partisan ballot sys- 
tem provided for in RSA chapter 59. 

206:3 Election and Terms of Office of Members of Cooperative 
School Board. Amend RSA 195:4 by inserting after paragraph Il-a, as 
inserted by 1961, 44:1 the following new paragraph: Il-b. Notwithstand- 
ing any provision of paragraph II; (1) The voters of each pre-existing 
district may elect one member of the cooperative school board. A can- 
didate shall file with the clerk of his school district seven days before the 
date of the organization meeting. Each clerk shall cause to be prepared 
a ballot, bearing the name of the district and which may be of distinctive 
color, listing the candidate or candidates, and providing space for a write- 
in; (2) If there are to be more board members than the number of pre- 
existing school districts, these members at large shall be elected, upon 
nomination from the floor, after the elections of the members repre- 
senting the separate districts have been announced. Election shall be by 
plmality vote of those qualified voters present and voting. Those elected 
shall take office on adjournment of the meeting; (3) The term of office 
for a school board member shall be three years except that at the organ- 
ization meeting, as nearly as possible, one-third shall be elected for one 
year, one-third for two years, and one-third for three years. In the case 
of a five-member board, one shall be elected for one year; of a seven- 
member board, three shall be elected for one year; of a ten-member board, 
four shall be elected for one year; of an eleven-member board, three shall 
be elected for one year. For the larger districts the formula remains pro- 
portionately the same. The candidates receiving the largest number of 
votes shall have the longest terms of office. 

206:4 Apportionment of Costs of Capital Outlay and Operation. 

Amend RSA 195:7 (supp) as amended by 1955, 334:9 and 1959, 195:1 by 
adding at the end thereof the following new paragraph: III. Some other 
formula offered by the cooperative school board, adopted by the coopera- 
tive school district and approved by the board. 

206:5 Apportionment. Amend RSA 195:8 (supp) as amended by 
1955, 334:10 and 1959, 195:2 by striking out in line five thereof the words 
and figures "or formula 11" and inserting in place thereof the following, 
II or III, so that said section as amended shall read as follows: 195:8 — 
Five- Year Period Reconsideration. At the expiration of the first fi^ e-year 
period and at the expiration of each subsequent five-year period the basis 



1961] Chapter 207 261 

for the apportionment of all such costs shall be subject to review, and 
the cooperative school district may then by majority vote elect to appor- 
tion all such costs by the adoption of either formula I, II or III, as defined 
in section 7. 

206:6 Budgets. Amend RSA chapter 195 by inserting after section 
12 thereof the following new section 195:12-a I. Budget Committee. Any 
cooperative school district may at any annual meeting under a proper 
article in the warrant vote to establish a cooperative school budget com- 
mittee and may rescind such action in like manner. The membership 
on said committee shall be determined on the basis of the annual amount 
contributed by each pre-existing or component district for the expenses 
of the cooperative district. There shall be one member of the budget 
committee for the smallest contributor to the cooperative district and 
the membership from other districts shall be in proportion to their re- 
spective contributions, excluding the fractional parts. If the component 
districts continue to have their own annual school meetings the members 
of said committee shall be elected at said meetings. In all other cases the 
members of said committee from each pre-existing district shall be elected 
at the annual cooperative school district meeting. II. Powers and Duties. 
Such cooperative school budget committee shall have the powers and 
duties of the municipal btidget committee under the provisions of RSA 
32 in so far as the budget for the cooperative school district is concerned. 

206:7 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 207. 

AN ACT RELATIVE TO OVERPAYMENT OF INCOME TAXES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

207:1 Income Tax. Amend RSA 77 by inserting after section 21 the 
following new section: 77:21 -a Overpayments. If upon audit of a tax 
return it is found that an overpayment of the tax has been made in an 
amount not more than ten dollars, such overpayment shall be held and 
credited against the tax to be paid in the succeeding year unless the 
person making the overpayment upon inquiry by the director shall re- 
quest in writing that a refund of the amount overpaid be made to him. 

207:2 Takes Effect, This act shall take effect upon its passage. 
[Approved June 28, 1961.] 
[Effective date June 28, 1961.] 



262 Chapter 208 [1961 

CHAPTER 208. 

AN ACT INCREASING THE SALARY OF THE BELKNAP COUNTY ATTORNEY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

208:1 Belknap County Attorney. Amend RSA 7:35 (supp) as amend- 
ed by 1955, 247:2, 1957, 34:1; 211:1 and 1959, 6:1 and 1961, 107:1 by 
striking out the Avoids "in Belknap, two thousand dollars" and inserting 
in place thereof the words. In Belknap, three thousand dollars, so that 
said section as amended shall read as follows: 7:35 Salaries. The annual 
salaries of the county attorneys in the several counties shall be as follows: 

In Rockingham, twenty-two hundred dollars. 

In Strafford, twenty-five hundred dollars. 

In Belknap, three thousand dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, thirty-eight hundred dollars. 

In Cheshire, three thousand dollars. 

In Sullivan, two thousand dollars. 

In Grafton, three thousand dollars. 

In Coos, twenty-four hundred dollars. 

208:2 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved June 28, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 209. 

AN ACT FOR THE ACQUISITION OF THE ADAMS PROPERTY IN DURHAM FOR 
DEVELOPMENT OF WILDLIFE MANAGEMENT AREA. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

Whereas the fish and game commission desires to acquire a certain 
tract of land consisting of eighty acres more or less situated in Durham, 
New Hampshire owned by one Analesa M. Adams for the purpose of 
establishing a wildlife management area for the propagation, manage- 
ment and protection of water fowl, fish, shellfish and crustaceans and 
other wildlife on said land, with right of access by the public thereto for 
hunting, fishing and other purposes as approved by the fish and game 
commission, and 

Whereas the federal government has approved said site for such use 
under the Pitman-Robertson Federal Aid for Wildlife Management and 



1961] Chapter 209 263 

Research Act which provides for federal aid to states in the purchase of 
land to be devoted to said purposes, and 

Whereas the fish and game commission deems the acquisition of said 
land will be advantageous to the state, now therefore 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

209:1 Acquisition of Land. The director of fish and game is here- 
by authorized with the approval of the governor and council to purchase 
on behalf of the state a certain tract of land with the buildings thereon 
located in Durham, Nc^v Hampshire now owned by one Analesa M. 
Adams, including all her rights of access thereto by a private way leading 
from the Durham Point Road. The property so acquired shall be used 
for the establishment of a wildlife management area for the propagation, 
management and protection of ^vater fowl, fish, shellfish and crustaceans 
and other wildlife, with right of access thereto by the public for hunting, 
fishing and other purposes as approved by the fish and game commission. 

209:2 Appropriation. The sum of one hundred thousand dollars 
or so much thereof as may be necessary is hereby appropriated for the 
purpose of acquiring the land and buildings hereinbefore described. 
The sum hereby appropriated shall be a charge upon the fish and game 
fund. 

209:3 Payments. The director of fish and game with the approval 
of the governor and council shall pay the said Analesa M. Adams the 
sum of five thousand dollars each year for a period of ten years to^vard 
the purchase price of said property. Payments shall be made from the 
sums hereinbefore appropriated. Such annual payments shall be made 
to Analesa M. Adams or her heirs or devisees. At the end of the ten-year 
period if the said Analesa M. Adams survives, further payments in the 
amo.unt of five thousand dollars per year shall be made to said Analesa 
M. Adams only for an additional period of ten years or until her death, 
whichever first occurs. 

209:4 Additional Conditions. The state through the fish and game 
commission hereby consents to permit Analesa M. Adams to occupy and 
use the homestead building, barns and land adjacent thereto free of 
charge during her lifetime, including access to and from the family 
tomb, spring, cove and wharf area for her use and in connection Avith 
the sale of any of her personal property, subject to the right of access 
thereto by the public as hereinbefore set forth. 

209:5 Federal Assistance. The director of fish and game is hereby 
authorized to cooperate with and enter into any agreements with the fed- 
eral government or any agency thereof as may be necessary to secure 
federal funds in connection with the purposes hereof. 



264 Chapter 210 [1961 

209:6 Takes Effect. In order to expedite the acquisition of the land 
in question, if approval is given, this act shall take effect upon its passage. 
[Approved June 28, 1961.] 
[Effective date June 28, 1961.] 



CHAPTER 210. 

AN ACT RELATING TO THE SALARIES OF THE ROCKINGHAM COUNTY 

COMMISSIONERS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

210:1 Rockingham County. Amend RSA 28:28 (supp) as amended 
by 1955, 247:4; 1955, 269:1; 1957, 182:1; 1957, 246:1; 1961, 80:1 and 
1961, 157:1 by striking out the words "In Rockingham, eighteen hundred 
dollars" and inserting in place thereof the words. In Rockingham, twenty- 
five hundred dollars, so that said section as amended shall read as follows: 
28:28 Conunissioners. The annual salary of each commissioner of the 
following counties shall be as follows, payable monthly by the county: 

In Rockingham, twenty-five hundred dollars. 

In Strafford, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, four thousand dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, t^velve hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, fifteen hundred dollars. 

To the foregoing sums shall be added, in all counties, a reasonable 
sum for all necessary expenses, upon order of the county auditors. 

210:2 Takes Effect. This act shall take effect as of January 1, 1962. 
[Approved June 28, 1961.] 
[Effective date January 1, 1962.] 



CHAPTER 211. 

AN ACT RELATING TO THE DISINFECTION OF PUBLIC WATER SUPPLY SYSTEMS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

211:1 Water Supply Systems. Amend RSA 148 by inserting after 
section 24, the following new sections: 148:24-a Disinfection. Any public 



1961] Chapter 212 265 

water supply system serving thirty or more consumers (each family, tene- 
ment, store or other establishment being considered a single consumer) 
which system utilizes any of the surface waters of the state, as defined in 
RSA 149, as the source of supply, shall, as a minimum means of treatment, 
be provided with suitable chlorination or other disinfection facilities 
installed, operated and maintained in accordance with regulations of the 
state board of health promulgated hereunder. 

148:24-b Penalty. Any municipality, corporation or person who 
shall fail to install or to operate and maintain disinfection facilities in 
accordance with the foregoing requirements shall be fined not less than 
ten dollars nor more than twenty-five dollars for each day of failure to 
so install, operate or maintain such equipment. Said penalty shall not 
be invoked in the event of a bona fide emergency arising from an un- 
avoidable or unforeseen failure or casualty to such treatment facilities. 
It shall be the duty of the municipality, corporation or person in respon- 
sible charge of said public water supply system to give immediate notice 
of the emergency condition to the state board of health in order that ap- 
propriate action to safeguard the public health may be taken. 

211:2 Takes Effect. This act shall take effect six months after its 
passage. The state board of health shall forthwith take steps to give due 
publicity of the requirements of this act to those affected by its provisions. 
[Approved June 28, 1961.] 
[Effective date six months after.] 



CHAPTER 212. 

AN ACT MAKING IT POSSIBLE FOR TRUSTEES AND CUSTODIANS TO INVEST IN 
LIFE INSURANCE, ENDOWMENT AND ANNUITY CONTRACTS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

212:1 Life Insurance. Amend RSA 564:18 by adding after paragraph 
IV thereof the following new paragraph: V. In life insurance, endow- 
ment or annuity contracts, issued by any insurer authorized to do business 
in New Hampshire, on the life or for the benefit of any beneficiary of 
the trust. 

212:2 Definitions. Amend RSA 463-A:l, V by adding thereto the 
following new subparagraph: (d) A life insurance, endowment or annuity 
contract on the life of or for the benefit of the minor. 

212:3 Gifts to Minors. Amend the first sentence of paragraph I of 
RSA 463-A:2 (supp) as inserted by 1957, 74:1 by inserting after the word 
"money" in the second line the ^vords, or a life insurance, endowment or 
annuity contract, so that said sentence as amended shall read as follows: 



266 Chapter 213 [1961 

An adult person may, during his lifetime, make a gift of a security or 
money or a life insurance, endowment or annuity contract to a person 
"^vho is a minor on the date of the gift. 

212:4 Manner of Making Gift. Amend paragraph I of RSA 463-A:2 
(supp) as inserted by 1957, 74:1 by adding at the end thereof the follow- 
ing new subparagraph: 

(d) If the subject of the gift is a life insurance, endowment or an- 
nuity contract, by assigning it to himself, to another adult person or to a 

bank or trust company "as custodian for under 

(name of minor) 
the New Hampshire Uniform Gifts to Minors Law." 

212:5 Investment. Amend paragraph V of RSA 463-A:4 (supp) as 
inserted by 1957, 74:1 by adding at the end thereof the following: The 
cu'stodian may invest the custodial property in life insurance, endowment 
or annuity contracts on the life or for the benefit of the minor, so that 
said paragraph as amended shall read as follows: 

V. The custodian, notwithstanding statutes restricting investments 
by fiduciaries, shall invest and reinvest the custodial property as would a 
prudent man of discretion and intelligence who is seeking a reasonable 
income and the preservation of his capital, except that he may, in his 
discretion and without liability to the minor or his estate, retain a security 
given to the minor in a manner prescribed in this act. The custodian may 
invest the custodial property in life insurance, endowment or annuity con- 
tracts on the life or for the benefit of the minor. 

212:6 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 213. 

AN ACT RELATIVE TO LICENSING REAL ESTATE BROKERS AND SALESMEN. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

213:1 Real Estate Brokers and Salesmen. Amend RSA 331-A:4 
(supp) as amended by 1959, 222:1 by striking out said section and insert- 
ing in place thereof the following: 

331-A:4 Applications for Licenses. Applications for licenses as 
broker or salesman shall be made to the commissioner of insinance, on 
forms prescribed by him, stating the age, sex, domicile, and place of busi- 
ness of an individual applicant, the principal place of business of a part- 



1961] Chapter 213 267 

nership applicant, and the state of incorporation and principal place of 
business of a corporate applicant; and shall be accompanied by affidavits 
of three residents of the state, owners of real estate in the state, stating 
that the applicant or its members and officers is or are persons of good 
repute, trustworthy, and entitled to public confidence. A firm, partner- ' 
ship, or corporation shall designate in its application the individual or 
individuals ^vho are to serve as brokers under regulation. Upon comple- 
tion of the application, and the payment of the required fee, the com- 
missioner of insurance shall issue the appropriate license. A salesman 
may be licensed, as such, for only a single broker at any one time, and 
his license shall so indicate. No firm, partnership, or corporation shall be 
granted or allowed to hold a broker's license unless every member or 
officer thereof who actively participates in its business of real-estate 
brokerage holds a license either as a broker or salesman hereunder, and 
no fee for the broker's license of such organization shall be assessed in 
addition to the license fees paid by such individual members or officers. 
No license shall be issued to an unincorporated person, firm, or partner- 
ship doing business under a trade name unless and until such trade name 
shall have been lawfully registered as provided in RSA 349. No license 
shall be issued to an individual broker unless he shall have attained the 
age of twenty-one. 

213:2 Enforcement. Amend RSA 331-A:7 (supp) as amended by 
1959, 222:1 by striking out said section and inserting in place thereof the 
following t^vo new sections: 

331 -A: 7 Suspension or Revocation of License. Full po^ver to revoke 
or suspend licenses granted under the provisions of this chapter shall be 
vested in the commissioner of insurance subject to right of review by a 
special review board upon seasonable request. The commissioner of in- 
surance may, upon complaint or upon his own motion, after reasonable 
notice in writing of the charges and a hearing, revoke the license of any 
broker or salesman, or suspend such license for such period as may be 
just, upon finding that such licensee has been guilty of any unlawful, 
dishonest, deceitful or fraudulent conduct in connection with his busi- 
ness as such broker or salesman. The decision of the commisisoner shall 
be rendered in writing and signed by him, and, when so signed, shall be 
filed in the office of the commissioner. Copies thereof shall be mailed to 
the licensee, addressed to his place of business, and to the complainant, if 
any, within two days after the filing thereof. The decision of the commis- 
sioner revoking or suspending a license shall not become final until ten 
days after the filing thereof, and if, during such ten-day period, the li- 
censee shall petition in writing to the commissioner for a review thereof, 
his decision shall thereupon be automatically suspended pending final 
action on the case by a special review board. A special review board shall 
consist of the attorney general or his deputy or any one of his assistants, 
acting as chairman, a member of the public utilities commission desig- 



268 Chapter 213 [1961 

nated by its chairman, two licensed brokers having at least ten years' 
experience in the real-estate business in this state, and a member of the 
public at large residing in this state, who shall be appointed by the attor- 
ney general. Such a board shall be organized and convened by the attorney 
general upon request of the commissioner of insurance whenever there 
is occasion therefor, and it shall be dissolved upon the decision of any 
case for ^vhich it shall have been convened. The two brokers and public 
member of any such board shall serve without compensation but shall be 
reimbinsed for their necessary expenses of travel and subsistence. After 
hearing and for cause shown, such board, by majority vote, may revoke 
the license of any licensee hereunder or suspend the same for such period 
as it may deem just, upon the finding that such licensee has been guilty 
of any unlawful, dishonest, deceitful, or fraudulent conduct in connection 
with his business as such licensee, or, in the alternative it may dismiss the 
original charges. Any such special review board shall give the licensee at 
least fourteen days' written notice, prior to the date of hearing, of the 
charges to be reviewed by it, and shall afford such licensee an opportunity 
to be heard in person or by counsel in reference thereto. The hearings 
on such charges shall be at such time and place as the board shall pre- 
scribe. The board shall have the power to subpoena and bring before it 
any person or any revelant records or documents in this state or to take 
testimony by deposition, in the same manner as is prescribed by law in 
judicial proceedings. Such special revie^v board shall keep a complete 
stenographic record of its proceedings in such cases. For this purpose the 
cliairman thereof is authorized to employ a temporary reporter and fix his 
compensation, all expense of such proceedings shall be a charge upon the 
fund created by the payment of license fees under this chapter; and the 
governor is authorized to draw his warrant on the treasury for the pay- 
ment of such expense out of such fund or out of any money in the treasury 
not otherwise appropriated. Sheriffs and witnesses shall receive the same 
fees for the service of process and attendance before the board as are paid 
sheriffs and witnesses in matters pending before the superior court. The 
determinations of the board shall be in writing and officially signed. The 
origrinal of such determinations, when so signed, shall be filed in the office 
of the commissioner of insurance and copies thereof shall be mailed to the 
broker or salesman, addressed to his place of business, and to the com- 
plainant, if any, within two days after the filing thereof. The action of 
any such board in revoking or suspending a license shall be subject to 
appeal to the superior court at the instance of the licensee, within thirty 
days after the filing of the board's decision. An appeal shall suspend the 
board's decision. The appeal shall be tried in the superior court de novo 
without jury. The superior court may affirm, reverse, or modify the 
board's decision, as justice may require. 

331-A:7-a Adjustment by Conciliation. Upon receipt of a written 
complaint concerning the conduct of any licensee in connection with 
his business as such broker or salesman, the commissioner of insurance 



1961] Chapter 214 269 

may meet with complainant and the licensee and attempt to reconcile 
the differences between the parties. 

213:3 Takes Effect. This act shall take effect July 1, 1961. 
[Approved June 28, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 214. 

AN ACT TO REHABILITATE THE SUNAPEE STATE PARK SINKING FUND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

214:1 Transfer of Funds. There is hereby appropriated the sum 
of $79,270.56 to rehabilitate the Sunapee State Park sinking fund. The 
state treasurer is hereby authorized to transfer from the general funds 
to said sinking fund the amount hereby appropriated. 

214:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 28, 1961.] 
[Effective date June 28, 1961.] 



CHAPTER 215. 

AN ACT RELATIVE TO USE OF FUNDS BY CREDIT UNIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

215:1 Credit Unions. Amend RSA 394 by inserting after section 19 
the following new section: 394:19-a Purchase of Real Estate. Any such 
credit union may purchase, build, improve, hold, dispose of, mortgage, 
rent, lease, or exchange any property, real or personal, as follows: (a) neces- 
sary or incidental to its operation; (b) in which it occupies a portion of as 
office space; (c) is reasonably required for future expansion. 

215:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 28, 1961.] 
[Effective date June 28, 1961.] 



270 Chapter 216 [1961 

CHAPTER 216. 

AN ACT RELATIVE TO A CIVIL DEFENSE FIRE AND RESCUE TRAINING CENTER. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

216:1 Civil Defense. The civil defense agency is hereby authorized 
to establish in the to^vn of Gilford on land by Lily pond now owned by 
the city of Laconia a civil defense fire and rescue training center for use 
of all civil defense and fire-fighting organizations, provided the city of 
Laconia continues to make available to the state the area so specified 
Avithout charge. 

216:2 Fire Marshal. The state fire marshal is authorized and directed 
to act as the state coordinator for fire services in this training program. 

216:3 Federal Funds. The civil defense agency shall seek and may 
accept federal funds which may be made available to the state for the 
construction and establishment of the said training area. 

216:4 Appropriation. The sum of thirty-six thousand five hundred 
dollars is hereby appropriated to be expended by the civil defense agency 
for the following purposes: To^ver, smokehouse and rescue section cubi- 
cles, ten thousand dollars; buildins^ for classroom, kitchen, toilet facilities 
and heating, twenty thousand dollars; equipment, five thousand dollars; 
maintenance and personal services, one thousand five hundred dollars. 
The sum hereby appropriated is the total authorized to be spent from 
both state and federal funds. Any federal funds ^vhich may be received 
shall reduce the appropriation hereunder to the extent of such federal 
funds. Any federal funds which may be received for the purposes hereof 
which would, when added to state funds already then expended, exceed 
the total amount appropriated hereunder, shall be paid into the general 
funds of the state to the extent of such excess. The governor is authorized 
to draw his Avanant for the sum hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

216:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 217. 

AN ACT PERTAINING TO DILLANT-HOPKINS AIRPORT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

217:1 Keene, Emplaning Fees. The city of Keene is hereby author- 
ized and empowered: to collect from every passenger carrier by aircraft 



1961] Chapter 218 271 

and every passenger carrier by aircraft under contact, both as defined in 
RSA 422, wlio uses in connection with its business Dillant-Hopkins Al- 
port, or any successor airport thereto owned by said city of Keene, a service 
fee of one dollar with respect to each passenger emplaning upon its air- 
craft at such airport, so long as said city of Keene is indebted for funds 
borro^ved and expended at such airport by it to build runways or ter- 
minal buildings or to make additions or improvements thereto; and to 
prescribe, establish and adopt rules, regulations and ordinances reason- 
ably required to collect and implement the collection of said fee. Said 
service fee shall be used entirely and only to retire and pay off the prin- 
cipal amount of any such hereinabove described indebtedness. 

217:2 Termination of Service Fees. Amend RSA 422 by adding after 
section 44 thereof the following ne^v section: 422:45 TeiTnination of 
Service Fees. The service charges or fees provided for in section 43 and 
44 of this chapter shall be collected and paid with respect to any such 
public landing area, only so long as all or any part of any funds con- 
tributed by the state, as hereinabove referred to, used, employed or ex- 
pended at such public landing area have not been repaid to the state; 
and provided that said service charges or fees shall not be collected or 
paid relative to any aircraft with a gross weight of less than 12,500 pounds. 

217:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 28, 1961.] 
[Effective date August 27, 1961.] 



CHAPTER 218. 

AN ACT RELATIVE TO SALES OF LIQUOR AND BEVERAGES BY HOTELS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

218:1 Hotel Dining Rooms and Guests Rooms. Amend 178:3 
by striking out said section and inserting in place thereof the following: 
178:3 Licenses for Hotels. The commission may issue a license to any 
first-class hotel in any town if such hotel also holds a permit provided 
under RSA 181:4. The determination of what is a first-class hotel is to 
be within the discretion of the commission. The license issued under 
this section shall entitle the licensee to sell liquor by the glass and forti- 
hed wines by the bottle, if the cork is drawn, to bona fide guests -^vith 
meals in the dining room or in the rooms of guests. Notwithstanding the 
fact that the town where the hotel is located has voted not to approve 
the sale of beverages in said town the permit issued to a first-class hotel 
shall entitle the permittee to sell beverages to bona fide guests with meals 
in the dinino[ room or in the rooms of Quests. 



272 Chapter 219 [1961 

218:2 Cocktail Lounges. Amend RSA 178:4 by striking out in lines 
five, six, seven, eight and nine thereof the following, "No license pro- 
vided by this section shall be issued to any hotel in towns not accepting 
the provisions of RSA 179 unless such hotel is classified as a resort hotel 
by the commission, and sales of liquor and beverages in such hotels shall 
not be made to a resident of the to^vn in which such hotel is located" so 
that said section as amended shall read as follows: 178:4 Special License. 
The commission may issue a special license to any first-class hotel, hold- 
ing the license and permit provided under section 3 hereof, to serve 
liquor and beverages in any room of said hotel designated by the com- 
mission. Said room shall not have an immediate entrance upon any public 
Avay. The commission may grant, regulate, suspend, or revoke said special 
license -without affecting any other license and permit which may be 
granted to said hotel. The fee for such special license shall be one hundred 
dollars a year. 

218:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 29, 1961.] 
[Effective date June 29, 1961.] 



CHAPTER 219. 

AN ACT TO PROHIBIT DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

219:1 Places of Public Accommodation. Amend RSA 354:1 by strik- 
ing out said section and inserting in place thereof the following: 354:1 
Discrimination. No person shall directly or indirectly discriminate 
against persons of any race, creed, color, ancestry or national origin, as 
such, in the matter of board, lodging or accommodation, privilege or 
convenience offered to the general public at places of public accommoda- 
tion or in the matter of rental or occupancy of a dwelling in a building 
containing more than one dwelling. 

219:2 Limitation. Amend RSA chapter 354 by inserting after section 
4 thereof the following new section: 354:5 Civil Actions. Conviction of 
violation of the prohibitions contained in section 1 above may not be 
used as evidence in a civil action for damages or as a basis for such a civil 
action in any manner whatsoever. 

219:3 Penalty. Amend RSA 354:4 by striking out in lines two and 
three thereof the words "or imprisoned not less than thirty nor more than 
ninety days," so that section as amended shall read as follo-^s's: 354:4 
Penalty. Whoever violates any provisions of sections 1 or 3 shall be fined 
not less than ten nor more than one hundred dollars. 



1961] Chapter 220 273 

219:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 220. 

AN ACT AMENDING THE BENEFITS PAYABLE UPON RETIREMENT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

220:1 Employees Retirement System. Amend subparagraph (b) of 
paragraph II, section 6, chapter 100, RSA, (supp) as amended by 1955, 
301, Part IV: 3 and 1959, 80:2 by striking out said subparagraph and in- 
serting in place thereof the following: (b) A state annuity which together 
with his employee annuity shall be equal to the sum of the following: 
(1) one-one hundred and twentieth of his average final compensation not 
in excess of four thousand two hundred dollars multiplied by the ninnber 
of years of his creditable service not to exceed thirty years plus one-two 
hundred and fortieth of such compensation multiplied by the number of 
years of his creditable service in excess of thirty years, plus (2) one-sixtieth 
of the portion of his average final compensation in excess of four thousand 
t^vo hundred dollars multiplied by the number of years of his creditable 
service not to exceed thirty years plus one-one hundred and twentieth 
of such compensation multiplied by the number of years of his creditable 
service in excess of thirty years. Provided, however, that the state annuity, 
together with his employee annuity and primary insurance amount, shall 
be at least equal to one-sixtieth of his average final compensation for each 
year of creditable service not exceeding thirty years in total. 

220:2 Years of Service. Amend subparagraph (c) of paragraph II, 
section 6, chapter 100, RSA, (supp) as amended by 1955, part IV:3 by 
striking out said subparagraph and inserting in place thereof the follow- 
ing: (c) If the member has less than thirty years of creditable service and 
is retired on or after the attainment of age seventy, an additional state 
annuity in an amount, to be set by the governor and council, not in ex- 
cess of the retirement allowance provided in subparagraphs (a) and (b) 
hereof, nor in excess of an amount which when added to the retirement 
allowance provided under said subparagraphs shall equal the retirement 
allowance that would have been provided under said subparagraphs if 
the member had had thirty years of creditable service. 

220:3 Disability Benefits. Amend subparagraph (b) of paragraph 
II, section 7, chapter 100, RSA, (supp) as amended by 1955, 301, Part 
IV:4 by striking out said subparagraph and inserting in place thereof the 
following: (b) A state annuity payable prior to age sixty-five which, to- 



274 



Chapter 220 



[1961 



gether with his employee annuity, shall provide a retirement allowance 
equal to nine-tenths of one-sixtieth of his average final compensation, 
multiplied by the number of years of his creditable service not to exceed 
thirty years and nine-tenths of one-one hundred and twentieth of such 
compensation multiplied by the number of years of his creditable service 
in excess of thirty years, if such retirement allowance exceeds twenty-five 
per cent of his average final compensation; otherwise a state annuity 
which, together with his employee annuity, shall be equal to twenty-five 
per cent of his average final compensation but not more than the dis- 
ability retirement allowance which would have been payable on the 
basis of the total nmnber of years of creditable service he would have if 
he continued in service to age sixty-five without change in his average 
final compensation; and 

220:4 State Annuity. Amend subparagraph (c) of paragraph IV, 
section 7, chapter 100, RSA, (supp) as amended by 1955, 301, Part IV:5 
by striking out said subparagraph and inserting in place thereof the fol- 
lo^ving: (c) A state annuity payable after age sixty-five which, together 
with his employee anuity, shall be equal to the service retirement allow- 
ance that Avould be payable to him if he continued in service to age sixty- 
five without change in his average final compensation and had thirty 
years of creditable service. 

220:5 Accidental Death. Amend subparagraph (a) of paragraph II, 
section 9, chapter 100, RSA, (supp) as amended by 1955, 301, part IV:6 by 
striking out said subparagraph and inserting in place thereof the follow- 
ing: (a) Twenty-five per cent of the portion of his average final compensa- 
tion not in excess of four thousand two hundred dollars, and 

220:6 Annuity Savings Fund. Amend subparagraph (a) of paragraph 
I, section 14, chapter 100, RSA, (supp) as amended by 1955, 301, part 
IV: 7' by striking out said subparagraph and inserting in place thereof 
the following: (a) The employee annuity savings fund shall be a fund in 
which shall be accumulated contributions deducted from compensation 
of members to provide for their employee annuities. Such contributions 
shall be, for each member, at the rate determined in accordance with the 
following table: 



Age When 


Percentage of Earnable 


Percentage of Earn- 


Contribu- 


Compensation 


Not in 


able Compensation in 


tions Begin 


Excess of $4,200 


Excess of $4,200 


17 


2.81 




5.62 


18 


2.85 




5.69 


19 


2.87 




5.74 


20 


2.90 




5.79 


21 


2.93 




5.85 


22 


2.95 




5.90 


23 


2.98 




5.96 



1961] Chapter 220 275 

6.04 
6.11 
6.19 
6.29 
6.39 
6.50 
6.63 
6.78 
6.95 
7.12 
7.30 
7.50 
7.60 
7.69 
7.78 
7.88 
7.98 
8.08 
8.18 
8.29 
8.40 
8.52 
8.64 
8.76 
8.88 
9.00 
9.12 
9.25 
9.38 
9.51 
9.65 
9.79 
9.93 
10.08 
10.22 
10.36 
10.51 
10.62 
10.74 
10.86 
10.98 

As used in the foregoing table, the words "age when contributions begin" 
shall mean the age of the member when he last became a member of the 
system. 

The board of trustees shall certify to each employer, and each em- 
ployer shall cause to be deducted from the compensation of each member, 



] 


Chapter 220 


24 


3.02 


25 


3.06 


26 


3.10 


27 


3.15 


28 


3.20 


29 


3.25 


30 


3.32 


31 


3.39 


32 


3.48 


33 


3.56 


34 


3.65 


35 


3.75 


36 


3.80 


37 


3.85 


38 


3.89 


39 


3.94 


40 


3.99 


41 


4.04 


42 


4.09 


43 


4.15 


44 


4.20 


45 


4.26 


46 


4.32 


47 


4.38 


48 


4.44 


49 


4.50 


50 


4.56 


51 


4.63 


52 


4.69 


53 


4.76 


54 


4.83 


55 


4.90 


56 


4.97 


57 


5.04 


58 


5.11 


59 


5.18 


60 


5.26 


61 


5.31 


62 


5.37 


63 


5.43 


64 and over 


5.49 



276 Chapter 221 [1961 

on each and every payroll of such employer and every payroll period, the 
percentage of earnable income applicable to such member. Each em- 
ployer shall certify to the board on each and every payroll, or in such 
other manner as the board may prescribe, the amounts deducted. Each 
of such amounts when deducted shall be paid to the retirement system 
and credited to the individual account, in the employee annuity savings 
fund, of the member from whose compensation the deduction was made. 

220:7 Additional Allowance. Amend subparagraph (c) of paragraph 
I, section 14, chapter 100, RSA, (supp) as amended by 1955, 301, part 
IV: 8, by striking out said subparagraph and inserting in place thereof 
the foilo^ving: (c) In addition to the contribtitions deducted from the 
compensation of members as hereinbefore provided, and subject to the 
approval of the board of trustees and to such rules and regulations as the 
board may make ^vith respect to the crediting of interest thereon, any 
member may provide an additional retirement allowance by making con- 
tributions at an additional rate not in excess of the rate computed to be 
sufficient to provide an additional retirement allowance, which, together 
"with his regular retirement allowance, "will result in a total retirement 
allowance not in excess of (1) twenty-five per cent of the portion of his 
average final compensation not in excess of four thousand t^^vo hundred 
dollars, plus (2) fifty per cent of the portion of his average final compensa- 
tion in excess of four thousand t^vo hundred dollars. Such additional 
contributions shall become part of his accumulated contributions except 
in the case of retirement, when they shall be treated as excess contribu- 
tions returnable to the member in cash or as an employee annuity of 
equivalent actuarial value. 

220:8 Appropriation. For the purposes of this act there is hereby 
appropriated for the fiscal year ending June 30, 1962, the amount of 
$60,000 from the general funds of the state, or so much thereof as may 
be necessary, and a similar sum for the fiscal year ending Jime 30, 1963. 
The governor is authorized to draw his warrant for such sums as may be 
necessary from funds in the treasury not otherwise appropriated. 

220:9 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved June 30, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 221. 

AN ACT PROVIDING FOR SALARIES FOR CLASSIFIED AND UNCLASSIFIED 
STATE EMPLOYEES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

221:1 Classified State Employees. Amend RSA 99:1 (supp) as amend- 
ed by 1957, 274:1 by striking out said section and inserting in place 



1961] Chapter 221 277 

thereof the following: 99:1 Salaries Established. I. The salary ranges 
for all classified state employees excepting those in engineering positions 
shall be established as follows: 

Salary grade Minimum Maximum 

1 $2,737.80 $3,115.84 

2 2,824.90 3,200.86 

3 2,910.96 3,285.88 

4 2,963.48 3,460.60 

5 3,081.26 3,575.26 

6 3,196.70 3,688.62 

7 3,311.10 3,801.20 

8 3,391.96 4,001.14 

9 3,535.74 4,141.80 

10 " 3,647.02 4,370.08 

11 3,819.40 4,539.34 

12 4,008.16 4,728.10 

13 4,197.18 4,917.12 

14 4,386.46 5,106.40 

15 • 4,533.36 5,413.46 

16 4,764.24 5,644.34 

17 4,963.66 5,963.62 

18 5,226.00 6,226.22 

19 5,457.40 6,577.22 

20 5,751.46 6,871.28 

21 6,045.00 7,165.08 

22 6,339.06 7,459.14 

23 6,580.86 7,900.88 

24 6,927.18 8,247.08 

25 7,273.50 8,593.52 

26 7,567.56 9,087.78 

27 7,966.66 9,486.62 

28 8,365.50 9,885.72 

29 8,764.86 10,284.82 

30 9,163.96 10,683.92 

II. The salary ranges for all classified state employees in engineering 
positions determined to be such by the governor and council shall be 
established as follows: 

Salary grade Minimum Maximum 

11 $4,487.34 $5,351.32 

12 4,712.24 5,576.22 

13 4,937.40 5,801.12 

14 5,162.30 6,026.28 

15 5,291.26 6,148.22 

16 5,400.20 6,412.38 

17 5,628.74 6,778.72 



278 



Chapter 221 


[1961 


18 


5,928.00 


7,078.24 


19 


5,947.24 


7,179.12 


20 


6,269.38 


7,501.26 


21 


6,591.00 


7,823.14 


22 


6,913.14 


8,145.28 


23 


7,177.04 


8,629.66 


24 


7,557.16 


9,009.26 


25 


7,605.52 


9,259.64 


26 


7,913.62 


9,509.76 


27 


8,311.68 


9,927.84 


28 


8,749.52 


10,345.92 


29 


9,167.86 


10,763.74 


30 


9,985.82 


11,181.82 



221:2 Interpretations of Provisions. Amend RSA 99:3 (supp) as 
amended by 1957, 274:2 by striking out said section and inserting in 
place thereof the following: 99:3 Increases in Salary. Classified em- 
ployees of the state on July 1, 1961 shall be placed in the corresponding 
steps in the new salary ranges as their length of service justifies and their 
annual salaries shall be in accordance with the salary scale set forth in 
section 1. The provisions hereof shall not be construed as affecting so- 
called longevity payments which shall be in addition to the regular salary 
scale. 

221:3 Appropriations. There are hereby appropriated for the fiscal 
year ending June 30, 1962 for the salary increases for classified state em- 
ployees as provided herein, the following sums: $1,324,506.19 from the 
general funds of the state, $761,745.26 from highway funds, $80,767.96 
from fish and game funds, $173,525.13 from federal funds and $76,740.43 
from self-sustaining funds. Like amounts chargeable to the same funds 
are hereby appropriated for the fiscal year ending June 30, 1963. 

221:4 State Officials. Amend RSA 94:1 (supp) as amended by 1955, 
153:2; 321:1; 323:4, 6; 335:8; 1957, 90:1; 223:2; 274:4, 7; 315:2. 1959, 
199:4, 268:12 by striking out said section and inserting in place thereof 
the followino[: 94:1 Salaries Established. The annual salaries for the 
positions set forth shall be as follows: 

Governor $16,587.22 

Chief justice, supreme court 16,587.22 

Chief justice, superior court 16,587.22 

Associate justice, supreme court (4) 16,062.02 

Associate justice, superior court (6) 16,062.02 

Racing Commissioners (3) 2,412.02 

State entomologist 3,422.12 

Minimum Maximum 

Adjutant general $9,621.04 $10,947.04 

Assistant attorneys general (4) 8,993.14 10,241.14 



1961] Chapter 221 279 

Assistant bank commissioner 7,500.22 8,850.14 

Assistant business supervisor 7,765.16 8,831.16 
Assistant commissioner public ^vorks and 

highways 10,249.20 11,653.20 
Assistant state librarian 7,137.00 8,125.00 
Assistant superintendent, state hospital 10,634.00 12,220.00 
Attorney general 1 1 ,478.22 1 3,064.22 
Bank commissioner 10,866.18 12,192.18 
Business supervisor 8,993.14 10,241.14 
Chairman, water resources board 8,993.14 10,241.14 
Clerk of supreme court and court reporter 8,993.14 10,241.14 
Commandant, soldiers' home 5,035.16 5,711.16 
Commissioner of agriculture 9,621.04 10,947.04 
Commissioner of education 12,000.04 14,800.24 
Commissioner of public welfare 1 1,478.22 13,064.22 
Commissioner of public works and highways 12,106.12 13,770.12 
Commissioner of the department of employ- 
ment security 9,621.04 10,947.04 
Comptroller 11,478.22 13,064.22 
Deputy attorney general • 10,249.20 11,653.20 
Deputy bank commissioner 8,365.24 9,535.24 
Deputy commissioner of education 9,621.04 10,947.04 
Deputy commissioner of public ^\^orks and 

highways 10,249.20 11,653.20 
Deputy director, Ne^v Hampshire distribut- 
ing agency 7,441.20 8,381.10 
Deputy director of personnel 7,765.16 8,831.16 
Deputy director of recreation 7,765.16 8,831.16 
Deputy insurance commissioner 8,365.24 9,535.24 
Deputy labor commissioner 6,509.10 7,393.10 
Deputy motor vehicle commissioner 8,365.24 9,535.24 
Deputy secretary of state 7,765.16 8,831.16 
Deputy state treasurer 7,765.16 8,831.16 
Deputy superintendent, industrial school 5,908.24 6,688.24 
Deputy superintendent, Laconia state school 10,634.00 12,220.00 
Deputy warden, state prison 5,908.24 6,688.24 
Director, charitable trusts 4,197.18 5,255.12 
Director, division of accounts 8,993.14 10,241.14 
Director, division of purchase and property 8,993.14 10,241.14 
Director of aeronautics 7,765.16 8,831.16 
Director of civil defense 7,137.00 8,125.00 
Director of clinical services 10,634.00 12,220.00 
Director of correctional psychology 10,634.00 12,220.00 
Director of fish and game 9,621.04 10,947.04 
Director, mental hygiene and child guidance 

clinics 9,621.04 10,947.04 



280 



Chapter 221 



[1961 



Director, New Hampshire distributing agency 7,546.24 8,586.24 
Director, out-patient services 10,634.00 12,220.00 
Director of personnel 8,993.14 10,241.14 
Director of probation 8,365.24 9,535.24 
Director of psychiatric education and research 10,634.00 12,220.00 
Director of Recreation 9,621.04 10,947.04 
Director, veterans council 5,281.12 5,983.12 
Executive director of planning and develop- 
ment 9,621.04 10,947.04 
Farm supervisor 7,765.16 8,831.16 
Insurance commissioner 9,621.04 10,947.04 
Labor commissioner 8,365.24 9,535.24 
Liquor commissioner (3) 8,993.14 10,241.14 
Motor vehicle commissioner 9,621.04 10,947.04 
Parole officer 6,509.10 7,393.10 
President, teachers college (2) 9,621.04 10,947.04 
Public Utilities commissioner (3) 10,249.20 1 1 ,653.20 
Secretary of state 8,993.14 10,241.14 
Secretary, tax commission 10,249.20 11,653.20 
State fire marshal 7,765.16 8,831.16 
State forester 9,621.04 10,947.04 
State health officer 14,200.16 14,800.24 
State librarian 8,365.24 9,535.24 
State veterinarian 8,993.14 10,241.14 
State treasurer 8,993.14 10,241.14 
Superintendent, industrial school 8,365.24 9,535.24 
Superintendent, Laconia state school 11,000.08 13,500.24 
Superintendent, state hospital 13,232.18 14,896.18 
Superintendent, state police 9,621.04 10,947.04 
Superintendent, state sanatorium 9,621.04 10,947.04 
Tax commissioner (2) 8,365.24 9,535.24 
Warden, state prison 8,365.24 9,535.24 

Upon request of the appointing authority and recommendation of 
the joint senate finance and house appropriations committees, the gov- 
ernor and council are authorized, if in their judgment it is in the best 
interests of state service to establish a higher salary or higher salary range. 
Additional funds necessary to provide for such increases shall be deemed 
a just charge against the salary adjustment fund. 

Officials named in this section shall be placed in the corresponding 
steps in the new salary ranges as their length of service justifies and in 
accordance Avith RSA 94:3. Racing commissioners and the state ento- 
mologist only excepted, any official whose salary upon placement in the 
new salary range is less than that of a classified employee in his depart- 
ment shall be placed at the next higher step in range above said classi- 
fied employee and shall be entitled to any increase provided for herein 
until the maximum is reached. 



1961] Chapter 221 281 

221:5 Appropriation. There is hereby appropriated for the fiscal 
year ending Jinie 30, 1962, for salary increases provided for in section 4 
the following sums: $56,353.00 from the general funds of the state, 
$4,536.00 from highway funds, $755.00 from fish and game funds, 
$2,894.00 from self-sustaining funds and $755.00 from federal funds. 
Like amounts are hereby appropriated for the fiscal year ending June 30, 
1963. 

221:6 Repeal. RSA 4:41 (supp) as amended by 1957, 274:9, relative 
to salary of the governor, is hereby repealed. 

221:7 Repeal. RSA 490:17 (supp) as amended by 1957, 68:1, relative 
to salaries of chief justice and associate justices of the supreme court, is 
hereby repealed. 

221:8 Superior Court. Amend RSA 491:6 (supp) as amended by 
1957, 68:2 by striking out the same and inserting in place thereof the 
following: 491:6 Expenses. Actual expenses and office rent shall be al- 
lo^ved the justices as provided for justices of the supreme court. Each 
justice of the superior court shall forward his monthly expense account 
to the comptroller who shall prepare the manifest for payment of said 
accotmts. 

221:9 Racing Commissioner. Amend RSA 284:9 by striking out 
the same and inserting in place thereof the following: 284:9 Expenses. 
Each member of the commission shall be allowed his reasonable expenses, 
including transportation, incurred in the performance of his duties, to be 
audited and allowed by the governor and council. 

221:10 Repeal. Section 8 of chapter 274 of the Laws of 1957 relative 
to salaries for engineering positions is hereby repealed. 

221:11 Repeal. Section 17 of chapter 274 of the Laws of 1957 rela- 
tive to additional increases for certain classified state employees is hereby 
repealed. 

221:12 Repeal. RSA 8-A:4 (supp) as inserted by 1957, 284:1, relative 
to salaries of director and deputy director of the New Hampshire Dis- 
tributing Agency, is hereby repealed. 

221:13 Salary of State Entomologist. Amend RSA 437:1 by striking 
out the words "that fixed by the legislattire" in the sixth line and inserting 
in place thereof the words, as fixed by RSA 94:1, so that said section as 
amended shall read as follows: 437:1 State Entomologist. The com- 
missioner of agriculture shall appoint an assistant who shall be known as 
the state entomologist and who shall be fully qualified by scientific train- 
ing and experience and who, under the direction of the commissioner, 
shall be in charge of the suppression of pests as provided for in this 
chapter. The salary of said state entomologist shall be as fixed by RSA 
94:1 and he shall be allowed his actual expenses when on official duties 



282 Chapter 221 [1961 

else^\^here than in the office of the department. Said deputy, with the ap- 
proval of the commissioner, may appoint such agents or assistants as he 
may find necessary for the purposes hereof. 

221:14 Salaries of Superior Court Stenographers. Amend RSA 
519:26 (supp) as amended by 1955, 271:1 and 1957, 129:1; 140:1 by strik- 
ing out the words "five thousand five hundred" in the fifth and sixth lines 
and inserting in place thereof the words, six thousand eighty-seven and 
t^velve hundredths so that said section as amended shall read as follo^s^s: 
519:26 Appointment. The superior court, acting as a body, may appoint 
not more than eight official state court stenographers who shall report 
the proceedings of the superior court of any county to which they may 
from time to time be assigned by said court. Each court stenographer 
shall be sworn to the faithful discharge of his duties and shall receive 
from the state an annual salary of six thousand eighty-seven and t^velve 
hundredths dollars. He shall take full notes of all oral testimony and 
other proceedings in the trial of causes either at law or in equity including 
the charge of the justice in all trials before a jury and all comments and 
rulings of said justice in the presence of the jury during the progress of 
the trial as well as all statements and arguments of counsel addressed to 
the court, and during the trial shall furnish for the use of the court or 
either of the parties a transcript of so much of his notes as the presiding 
justice may direct. He shall also furnish a transcript of so much of the 
evidence and other proceedings taken by him as either party to the trial 
may require, on payment therefor by such party at the rate fixed by the 
court as provided in section 30. 

221:15 Salary Adjustment Fund. Amend RSA 99:4 by striking out 
said section and inserting in place thereof the following: 99:4 Salary 
Adjustment Fund. Whereas the appropriations for personal services in 
state departments and institutions include an annual increment for each 
position, and whereas upon occasion due to vacancies and personnel turn- 
over, salaries, increment increases and longevity as provided by the ap- 
propriations are not needed for said positions, each quarter the depart- 
ment of administration and control shall transfer said amount from the 
departmental or institutional appropriation to a special account to be 
known as the salary adjustment fund. This fund shall lapse at the end 
of each biennium and revert to the appropriate fund. Under no circum- 
stances will this fund be used for temporary positions or new positions. 
Upon the certification of the director of personnel, subject to the approval 
of governor and council, the salary adjustment fund shall be available 
for transfer to departments and institutions in amounts that are deemed 
necessary to comply with chapter 98, RSA. 

221:16 Advisory Committee. An advisory committee of five mem- 
bers is hereby established to study the salaries of state officials and em- 
ployees. One member shall be appointed by the speaker of the house 
from the membership of the house, one member shall be appointed by 



1961] Chapter 222 283 

the president of the senate from the membership of the senate, one mem- 
ber shall be appointed by the governor, one member shall be a state em- 
ployee designated by the state employee's association and one member 
shall be a state employee designated by the American Federation of State, 
County and Municipal Employees. Vacancies shall be filled in the same 
manner as original appointments are made. The members of the com- 
mittee shall serve without compensation. The advisory committee is 
directed to study and compare the salary scales of business, industry and 
other units of government in this area with those of the state. On or be- 
fore December 1 in each even numbered year said committee shall file a 
report with the clerk of the house of representatives on the results of its 
study and shall incorporate in said report a recommended schedule of 
salaries for those in state service which is commensurate Avith the average 
salary schedules of such other employing units. 

221:17 Takes Effect. This act shall take effect July 1, 1961. 
[Approved June 30, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 222. 

AN ACT ESTABLISHING A DEPARTMENT OF HEALTH AND WELFARE AND PROVID- 
ING FOR THE MERGER THEREIN OF CERTAIN DEPARTMENTS AND 
AGENCIES V/ITHIN THE STATE GOVERNMENT. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

222:1 Depaitment of Health and Welfare. Amend RSA by insert- 
ing after chapter 126 the following new chapter: 

Chapter 126-A 

Department of Health and Welfare 

126-A: 1 Declaration of Purpose. The purpose of this act is to estab- 
lish an integrated administration of agencies of the state government hav- 
ing function and duties relating to health and welfare, making possible 
increased efficiency and economy through the merger of various existing 
departments and agencies of the state government. 

126-A:2 General Provisions. I. The advisory commission created by 
this act shall meet not less than once within each quarter of each calendar 
year. Failure of a member to attend t^vo consecutive such quarterly meet- 
ings shall be deemed a resignation from membership and the position 
vacant by operation of la^v. 



284 Chapter 222 [1961 

II. Upon the recommendation of the commissioner of health and 
welfare, after consultation with the division directors affected, the ad- 
visory commission, and with the Avater pollution commission as it may 
be concerned, the governor and council are authorized to approve such 
intra-departmental organization as the governor and council find from 
time to time may improve or make more economical the administration 
of the department; provided, however, that no such change shall elim- 
inate any then existing position ^vithin the classified service unless such 
position shall then be vacant or, if filled, its incumbent has been trans- 
ferred to an equivalent or higher paid position of life tenure. 

III. With the approval of the governor and council and after con- 
sultation with directors of divisions affected, and ^vith the water pollution 
commission as it may be concerned, the commissioner of health and wel- 
fare is authorized to transfer appropriations or portions thereof relating 
thereto within and between any division of the department. The com- 
missioner of health and welfare is authorized to transfer classified per- 
sonnel, after consultation with the directors of divisions affected and with 
the water pollution commission as it may be concerned, within and be- 
tween any division of the department in accordance with rules and regu- 
lations of the personnel commission; provided, however, that no such 
transfer shall eliminate the classified position transferred. 

IV. Except as may be specifically provided to the contrary in this 
act, nothing herein shall imply nor be construed to eliminate any posi- 
tion in the classified service of the state nor to reduce existing salary or 
emoluments attendant upon any classified position affected by transfer 
or merger under this chapter. Vacancies in classified positions occurring 
after July 1, 1961 in any department functions to be transferred to the 
ne^v department of health and welfare shall not be filled ^vithoiu the ap- 
proval of the governor and council, provided that after '^vritten notifica- 
tion of vacancies to be filled are received by governor and council from 
the commissioner of health and welfare, and if no action is taken on these 
requests within thirty days, the commissioner of health and ^velfare may 
fill such vacancy or vacancies forthwith. No permanent classified em- 
ployee in the state service upon the effective date of this act shall be re- 
quired to take an examination to remain in his position. 

126-A:3 Department Established. There shall be a department of 
health and welfare under the executive direction of a commissioner of 
health and welfare, which department shall include the following divi- 
sions: (1) A division of public health services to which shall be transferred 
to the extent and in the manner specified by the provisions of this act the 
state board of health, the water pollution commission, subject to the 
specified limitations of section 21 of this chapter, the New Hampshire 
state sanatorium and the commission on alcoholism; (2) a division of 
welfare to which there shall be transferred in like manner the depart- 
ment of public welfare; and (3) a division of mental health, to Avhich 



19G1] Chapter 222 285 

shall be transferred in like manner the New Hampshire state hospital, 
the Laconia state school, the children's study home, and the New Hamp- 
shire child guidance and mental hygiene clinics. 

126-A:4 Commissioner of Health and Welfare. Administrative and 
executive direction of the department of health and welfare shall be 
under the direction of a commissioner of health and welfare, ^vho shall be 
appointed by the governor and council upon nomination by the advisory 
commission established by this chapter. He shall hold office for a term 
of four years from the date of his appointment and until his successor is 
appointed and qualified. A vacancy shall be filled for the imexpired term. 
It shall be the responsibility of the commissioner to organize and direct 
the work of the department of health and welfare. Directors of depart- 
mental divisions shall be subject to supervisory authority of the commis- 
sioner whenever in his discretion he shall see fit to exercise the same. Said 
authority shall include the po^ver to establish departmental and divisional 
policy as well as to control the actual operations of the department and 
all ne^v divisions therein. 

126-A:5 Acting Commissioner; Appointment. The commissioner 
of health and welfare shall appoint one member of his staff ^vho shall 
act in his stead when said commissioner is absent from the state and at 
such other times as he is so directed by the commissioner. When acting 
for the commissioner said person shall have all the power, duties and 
authority of the commissioner. 

126-A:6 Directors of Divisions. There shall be a director of the 
division of public health services, who shall be a physician trained in 
public health work, a director of welfare who should be duly qualified 
through training at an accredited school of social service with emphasis 
in public welfare administration and at least five years of executive ex- 
perience in the field of public ^velfare, and a director of the division of 
mental health who shall be a physician-psychiatrist eligible for licensure 
as an M. D. in New Hampshire certified or eligible for certification by 
the American Board of Neurology and Psychiatry. Directors of Divisions 
shall be responsible for the administration and operation of their respec- 
tive divisions subject to the supervisory authority of the commissioner 
as set forth in 126-A:4 of this chapter. Each shall be appointed by the 
governor and council, on nomination of the commissioner after consulta- 
tion ^vith the advisory commission, for a term of four years from the date 
of his appointment and until his successor is appointed and qualified. 
Notwithstanding any other provisions of this act the incumbent directors 
in office on the effective date of this act shall continue to hold office as 
though they had been initially appointed pursuant to the provisions of 
this chapter. 

126-A:6-a Acting Directors of Divisions; Appointments. Each divi- 
sion director with the approval of the commissioner shall appoint one 



286 Chapter 222 [1961 

member of his staff Avho shall act in his stead when said director is absent 
from the state and at such other time as he is so directed by the director. 
\Vhen acting for the director said person shall have all the power, duties 
and authority of the director. 

126-A:7 Salaries. The annual salaries of the commissioner of health 
and welfare, the director of the division of public health services, the 
director of the division of welfare, and of the director of the division of 
mental health shall be as hereinafter provided. In addition to his salary 
the director of mental health shall receive full maintenance. 

126-A:8 Advisory Coininission; Establishment. There shall be an 
advisory commission on health and welfare consisting of eleven members 
appointed by the governor and council for a term of five years and until 
their successors shall be appointed and qualified. The advisory commis- 
sion shall be comprised of one physician specializing in psychiatry, one 
pediatrician, and one general practitioner or internist, each of the fore- 
going to be first nominated for appointment by the New Hampshire State 
Medical Society, one psychologist to be nominated for appointment by 
the New Hampshire Psychological Association, one social worker to be 
nominated for appointment by the New Hampshire chapter of the Na- 
tional Association of Social Workers, one dentist to be nominated by the 
New Hampshire Dental Association and five members-at-large who are 
not members of the medical profession who shall include representatives 
of non-governmental organizations or groups concerned with the opera- 
tion, construction, or utilization of hospitals, including representatives 
of the consumers of hospital services, to be nominated and appointed by 
the governor and council, having due regard for their individual back- 
ground and interest in the field of health and/or welfare. The commis- 
sioner of health and welfare will be an additional member of the advisory 
commission when the commission is performing the duties now set forth 
in RSA 151:11 and RSA 152:5. Nominations to the governor and council 
shall be promptly submitted both with respect to initial and successor 
appointments as well as the filling of vacancies, to the end that there 
shall be the least possible period of less than full membership of the ad- 
visory commission. Whenever nominations to the governor and council 
from any sources are delayed for longer than a period of thirty days after 
receipt of notice from the secretary of state that the nomination is re- 
quired, the governor and council are authorized to appoint without such 
nomination, but having due regard to the qualifications required of each 
appointee as set forth herein. Initial appointments by the governor and 
council shall be as follows: three members for one year, two members for 
t^vo years, two members for three years, two members for four years, and 
two members for five years. Vacancies shall be filled for the unexpired 
term in the same manner as the original appointment. The commission 
shall have a chairman, who shall be designated by the governor from 
among its membership. The term of the chairman shall be for one year. 



1961] Chapter 222 287 

He may be reappointed as chairman but for not more three consecu- 
tive years, and thereafter shall be ineligible to be chairman. The com- 
mission shall meet not less frequently than quarterly and at such other 
times as it may be convened by the call of the chairman, the call of the 
commissioner, and on the petition of any three members it shall be 
the duty of the chairman to convene the commission forthwith. Members 
of the commission shall receive no per diem but shall be entitled to ex- 
penses including mileage when in the performance of duties required by 
this act. 

126-A:9 Advisory Commission; Duties. The advisory commission 
shall nominate for appointment by the governor and council, the com- 
missioner of health and welfare. It shall serve in an advisory capacity to 
the commissioner and to the department of health and welfare. It shall 
make a continuing study of the problems of public health, mental health 
and welfare in the state of New Hampshire, survey and examine the op- 
erations of the commissioner and of the directors of the divisions of the 
department in meeting these problems and from time to time make 
recommendations to the commissioner regarding the activities and opera- 
tions of the department. It shall submit. to the governor and council in 
each October an annual report of the activities of the department, which 
report shall be a public document. From within its membership the 
commission shall establish boards of visitation of not less than three 
members each, for the Laconia state school, the New Hampshire state 
hospital, the state sanatorium, and such other health facilities within 
the department as it may deem advisable. It shall be the duty of the mem- 
bers comprising each board of visitation to make inspection of their 
respective institutions, without previous notice, not less frequently than 
once each four months, and as often as each board may desire. Such in- 
spection shall have particular regard for the care and treatment of patients 
therein, provided, however, that nothing in this chapter shall be con- 
strued to abrogate the existing right of patients to communicate by writ- 
ing or in person upon a confidential basis with the chairman or any 
member of the advisory commission in respect to personal problems and 
no disciplinary action shall be taken against any patient exercising this 
privilege. Findings and recommendations of each board of visitation shall 
be submitted to the full advisory commission as occasion may require, 
and where made shall be incorporated in the annual report of the advisory 
commission to the governor and council. 

126-A:10 Additional Departmental Duties; Discretionary Assign- 
ment of Coordinator. The commissioner of health and welfare, upon 
recommendation of the director of mental health, is authorized to estab- 
lish within the division of mental health such administrative assignment 
of duties and responsibilities with respect to institutional services, educa- 
tional and research services and community mental health services as he 
shall from time to time deem necessary and desirable, after first consulting 



288 Chapter 222 [1961 

with and receiving the advice of the advisory commission. In the discre- 
tion of the commissioner, and Avith the approval of the advisory commis- 
sion and of the governor and council, the commissioner is authorized to 
establish ^vithin the division of mental health a classified position of co- 
ordinator of community mental health services, research and education, 
in accordance with rules and regulations of the personnel commission. 
The salary of the coordinator shall be from funds appropriated to the 
department not other^vise specifically appropriated. 

126-A:11 Agency Regulations; Approval of Commissioner. After 
the effective date of this act, rules and regulations of all agencies of state 
government merged within or transferred to the department of health 
and welfare shall become effective when promulgated by the commis- 
sioner, either on his own initiative or as a result of his approval of regu- 
lations recommended to him by the director of the division to ^v^hich 
such agency may be assigned within the department, unless otherwise 
specifically provided therein, provided, however, that existing rules and 
regulations shall remain in full force and effect until and unless amended 
or otherwise affected by action of the commissioner pursuant to this 
section. 

126-A:12 Department and State Board of Health; Transfer of. All 

powers, duties, functions, personnel, records and property of the state 
department of health established pursuant to RSA 125:1 are hereby trans- 
ferred to the department of health and welfare, division of public health 
services. All powers and duties vested in the state board of health pur- 
suant to any provision of the statutes are hereby vested in the department 
of health and welfare, division of public health services, except that the 
commissioner of health and welfare, or his designated representative, shall 
conduct fair hearings on applications for hospital construction projects. 
Wherever reference is made to the state board of health in Title X of 
the Revised Statutes Annotated as well as in the statutes generally, it shall 
henceforth be construed to mean the department of health and welfare, 
division of public health services, except as otherwise specifically provided 
herein. 

126-A:13 State Board of Health Abolished. The state board of health 
established by RSA 125:6 (supp) is hereby abolished. The tenure of office 
of its members shall cease upon the appointment and qualification of 
the director of public health services. 

126-A:14 State Health Officer; Tenure of Incumbent. The transfer 
of powers from the state board of health to the department of health and 
welfare, division of public health services, empowering the director of 
the division of public health services to appoint the state health officer 
shall not be construed to require reappointment of the state health officer 
in office on the effective date hereof, who shall continue to hold office 
subject to the provisions of RSA 125:19 and of this chapter. 



1961] Chapter 222 289 

126-A:15 Treatment, Study, and Care of Inebriates; Transfer of. 

All powers, duties, functions, personnel, records and property of the com- 
mission on alcoholism pursuant to RSA 172, are hereby transferred to 
the department of health and welfare, division of public health services. 

126-A:16 Commission on Alcoholism Abolished; Tenure of Com- 
missioners. The commission on alcoholism established pursuant to RSA 
172:3 is hereby abolished. The tenure of the members of the commission 
shall terminate upon the appointment and qualification of the director 
of public health services. 

126-A:17 State Sanatorium; Transfer of. All powers, duties, func- 
tions, personnel, records and property of the New Hampshire state sana- 
torium established pursuant to RSA 138, together with all of the 
functions, powers and duties of its trustees as therein and otherwise set 
forth, are hereby transferred to the department of health and welfare, 
division of public health services. 

126-A:18 Trustees of State Sanatorium Abolished; Tenure of. The 

board of trustees of the New Hampshire state sanatorium established by 
RSA 138:2 is hereby abolished. The tenure of the trustees shall terminate 
upon the appointment and qualification of the director of public health 
services. 

126-A:19 Powers of Director of Public Health Services in Respect 
to State Sanatorium. The director of the division of public health serv- 
ices within the department of health and welfare shall be a corporation, 
known as Director, New Hampshire State Sanatorium, with power to sue 
upon any contract to which it is by law authorized to be a party; to man- 
age and control the property and concerns of the sanatorium; to appoint 
with the approval of the commissioner of health and welfare a superin- 
tendent who shall be a physician; to appoint, in accordance with the state 
personnel regulations and the provisions of section 2 of this chapter, and 
within the limits of available appropriations and fimds, such assistants 
as he may, from time to time, deem necessary or proper; to take and hold 
in trust for the state any grant, devise, bequest or donation of property 
for the use of the santorium, or for the maintenance or help of any patient 
or patients therein; and to adopt with the approval of the commissioner 
of health and welfare such by-laws and rules as he may deem necessary 
or proper for the management of the business affairs and the government 
of the sanatorium. The transfer of the New Hampshire state santorium 
to the department of health and welfare, division of public health services, 
shall not be construed to require reappointment of the superintendent 
of the state sanatorium in office on the effective date hereof, and said 
superintendent shall continue to hold office as though he had been in- 
itially appointed pursuant to the provisions of this chapter. 

126-A:20 Charges at State Sanatorium. The charges for the support 
of patients in the sanatorium who are able to pay for their care and treat- 



290 Chapter 222 [1961 

ment shall be fixed by the director, division of public health services, with 
the approval of the commissioner of health and welfare. 

126-A:21 Water Pollution Commission: Transfer of. The water 
polhuion commission established pursuant to RSA 149, as amended, to- 
gether with all of its powers, duties, functions, personnel, records, and 
property, is hereby transferred to the department of health and welfare, 
division of public health services. Said transfer, however, is for the pur- 
pose of departmental organization and shall establish only administrative 
jurisdiction within the division of public health services. The water pollu- 
tion cornmission shall continue to function within the division of public 
health services and nothing in this section shall be construed to lessen its 
authority or powers except that in succeeding fiscal years the preparation 
of its budget shall require the concurrence of the commissioner of health 
and welfare and it shall be subject to the provisions of section 2 of this 
chapter. The provisions of section 1 1 of this chapter relating to agency 
regulations shall be inapplicable to regulations promulgated by the water 
polhuion commission. 

126-A:22 Department of Public Welfare; Transfer of. The depart- 
ment of public welfare established pursuant to RSA 161, together with 
all its powers, duties, functions, personnel, records and property, is hereby 
transferred to the department of health and welfare, division of welfare. 

126-A:23 Board of Public Welfare; Powers and Duties Transferred. 

All of the functions, powers, dtities, records and property of the board of 
public welfare are hereby transferred to and vested in the department of 
health and welfare, division of welfare. Wherever reference is made in 
the statutes to powers and duties of the board of public welfare it shall 
henceforth be construed to mean the director of the division of welfare 
within the department of health and welfare, except that the commis- 
sioner of health and welfare, or his designated representative, shall con- 
duct fair hearings of appeals by applicants for and recipients of public 
assistance. The board of public welfare, established by RSA 161:3 is 
hereby abolished. The tenure of members of the board shall terminate 
upon the appointment and qualification of the commissioner of health 
and welfare. 

126-A:24 Commissioner of Public Welfare; Appointment and Ten- 
ure. The commissioner of public welfare in office on the effective date 
of this act shall continue in office as director of the division of welfare, 
subject to the provisions of this act. His tenure and salary shall be as here- 
in established for the director, division of welfare. All of the powers, 
diuies, and functions heretofore performed by the commissioner of pub- 
lic welfare pursuant to any provision of the statutes shall henceforth be 
performed by the commissioner of health and welfare through the di- 
rector of the division of welfare. 



1961] Chapter 222 291 

126-A:25 New Hampshire State Hospital; Transfer of. All of the 

powers, duties, functions, personnel, records and property of the New 
Hampshire state hospital as a corporation established pursuant to RSA 
135 are hereby as a corporation transferred to and vested in the depart- 
ment of health and welfare, division of mental health. Trust funds trans- 
ferred hereby shall be managed, expended and invested by the director 
of the division of mental health with the approval of the advisory com- 
mission and advice of the state treasurer. 

126-A:26 New Hampshire State Hospital; Trustees Abolished; 
Transfer of Powers; Tenure. The board of trustees of the New Hamp- 
shire state hospital established by RSA 10:2, is hereby abolished. The 
tenure of the members of the board shall terminate upon the appoint- 
ment and qualification of the director of the division of mental health, 
department of health and welfare. All of the powers, duties, records, 
property and functions of the board of trustees are hereby transferred 
to and vested in the director of the division of mental health, department 
of health and welfare. Wherever reference is made to the board of trustees 
of the New Hampshire state hospital in any provision of the statutes, it 
shall henceforth be construed to mean, the director of the division of 
mental health, department of health and welfare. 

126-A:27 New Hampshire State Hospital; Superintendent, Appoint- 
ment and Tenure of. With the approval of the advisory commission and 
of the commissioner of health and welfare, the director of the division 
of mental health shall nominate for appointment by the governor and 
council, a superintendent of the New Hampshire .state hospital. The 
superintendent shall be the executive head of the state hospital. The 
superintendent in office on the effective date of this act shall continue 
to hold office subject to the provisions hereof as though he had been in- 
itially appointed pursuant to the provisions of this section. 

126-A:28 Commission of Mental Health Abolished. The commis- 
sion of mental health established by RSA 135:35 is hereby abolished. The 
functions, powers and duties heretofore performed pursuant to RSA 
135:36, 37 and 38, laws of 1947, c. 279, shall henceforth be performed 
by the director, division of mental health in consultation with the ad- 
visory commission established by section 8 of this act. All of the books, 
records and other property of the commission of mental health are hereby 
transferred to the director, division of mental health. The position of 
director of the child guidance clinic shall be a classified position, and 
said director in office on the effective date of this act shall continue in 
office subject to the provisions of the rules and regulations of the per- 
sonnel commission with no reduction in salary or emoluments. 

126-A:29 Laconia State School, Trustees Abolished; Tenure. The 

board of trustees of the Laconia state school established by RSA 10:2 
(supp) as amended by 1957, 146:3, is hereby abolished. The tenure of 



292 Chapter 222 [1961 

the members of the board shall terminate upon the appointment and , 
qualification of the director of the division of mental health, department 
of health and welfare. Wherever the word "trustees" appears in RSA 171, 
as inserted by 1955, 314, it shall henceforth be construed to mean the 
commissioner of health and welfare, director of mental health. 

126-A:30 Laconia State School; Superintendent. Upon nomination 
of the commissioner of health and welfare, with the approval of the ad- 
visory commission, the governor and council shall appoint a superintend- 
ent of the Laconia state school who, subject to the control of the director 
of the division of mental health, shall have charge of the lands, buildings, 
furniture, tools, implements, stock provisions, and other property of 
the institution. He shall keep, in suitable books, regular and complete 
accounts of all his receipts and expenditures, and of the debts, credits, 
contracts, and property of the institution, showing its income and ex- 
penses, and shall account to the director of the division of mental health 
annually, and at such other times as he may require, for all money re- 
ceived and paid out by him. Such accounts shall be specific, containing 
the dates and amounts of all receipts, and the date, quantity and price of 
every article purchased or procured. There is specifically excepted from 
the foregoing such accounts and accountability as is required otherwise 
by the department of administration and control. The superintendent 
shall be a constant resident at the institution, and he and subordinate 
officers of the school, under his direction, shall have custody and charge 
of the scholars therein, shall discipline, govern, instruct and employ them, 
and shall use their best endeavors to preserve their health, promote their 
improvement in such studies, trades, and employments as may be suited 
to their ages and capacities, and to secure the formation of moral, re- 
ligious and industrious habits. The superintendent of the Laconia state 
school in office on the effective date of this chapter shall continue in office, 
subject to all the provisions of this chapter as though initially appointed 
pursuant to this section. 

126-A:31 Laconia State School; Transfer of. The Laconia state 
school, established pursuant to RSA 171 (supp) as amended, with all of 
the powers, duties, functions, personnel, property and records of the 
board of trustees thereof, established by RSA 10:2 (supp) as amended by 
1957, 146:3, is hereby transferred to and vested in the department of 
health and welfare, division of mental health. 

126-A:32 Tuberculosis Commissicin Abolished; Transfer of Func- 
tions; Tenure. The tuberculosis commission established pursuant to 
RSA 136:1 is hereby abolished. The tenure of its members shall terminate 
upon the appointment and qualification of the director of the division 
of public health services, department of health and welfare. The func- 
tions, powers and duties heretofore performed by the tuberculosis com- 
mission pursuant to RSA 136 and RSA 137, shall henceforth be per- 
formed by the director of the division of public health services in 



1961] Chapter 222 293 

consultation with the advisory commission. All of the books, records and 
other property of the tuberculosis commission are hereby transferred 
to the department of health and welfare, division of public health serv- 
ices. The director of tuberculosis control in office on the effective date of 
this chapter shall continue in office, subject to the provisions hereof, as 
though initially appointed by the director of the division of public health 
services. Wherever reference is made to the tuberculosis commission in 
any provision of the statutes, it shall henceforth be construed to mean 
the department of health and welfare, director of the division of public 
health services. 

126-A:33 Hospital Advisory Council Abolished; Transfer of Func- 
tions; Tenure. The hospital advisory council established pursuant to 
RSA 151:10 is hereby abolished. The tenure of its membership shall 
terminate upon the appointment and qualification of the director of the 
division of public health services, department of health and welfare. The 
functions, powers and duties heretofore performed by the hospital ad- 
visory council pursuant to RSA 151:11 and any other provisions of the 
statutes, shall henceforth be performed by the advisory commission estab- 
lished herein. All of the books, records and other property of the hospital 
advisory council are hereby transferred to the department of health and 
welfare, division of public health services. 

222:2 Children's Study Home, Administration of, Transferred. 

Amend RSA 134:1 by striking out said section and inserting in its place 
the following new section: 134:1 Administration. The provisions of this 
chapter shall be administered by the commissioner of health and welfare, 
division of mental health in consultation with the advisory commission. 
Wherever the word "commission" appears herein it shall be construed 
to mean the director, division of mental health, department of health and 
welfare. 

222:3 Transfer of Funds. Any funds provided in the appropriation 
acts for the year ending June 30, 1962 and the year ending June 30, 1963, 
relating to services and facilities transferred to the department of healtli 
and welfare are hereby deemed to be appropriated for the same purposes 
in the new department of health and welfare established herein. Provided, 
however, that specific sums appropriated for unclassified personnel, where 
the positions have been changed as to title and duties by this act or trans- 
ferred by this act, shall be deemed to be appropriated for unclassified 
positions in the new department hereby created, as the governor and 
council shall approve. 

222:4 Appropriation. In addition to other funds made available to 
the department of health and welfare there is hereby appropriated the 
sum of twenty-five thousand dollars, or so much thereof as may be neces- 
sary, for the fiscal year ending June 30, 1962, and a sum of thirty thousand 
dollars for the fiscal year ending June 30, 1963. Said sums shall be avail- 



Minimum 


Maximum 


$15,000 


16,875 


14,200 


14,800 


11,478 


13,064 


14,500 


15,875 



294 Chapter 222 [1961 

able for the salary of the commissioner of health and welfare, and for any 
increase in the salary of the director, division of public health services, 
and for any increase in the salary of the director, division of welfare, over 
and above the amoinits appropriated for corresponding positions within 
the budget acts, and for the salary of the director, division of mental 
health. Said appropriation shall be a charge upon funds in the treasury 
not otherwise appropriated. 

222:5 Salaries. Amend RSA 94:1 (supp) as amended by striking out 
the following lines "Commissioner of public welfare, minimum $10,634, 
maximum $12,220" and "State health officer, minimum $11,232, maxi- 
mum $12,896" and inserting in the proper alphabetical place the follow- 
ing salaries: 

Commissioner of health and welfare 
Director, division of public health services 
Director, division of welfare 
Director, division of mental health 

222:6 Repeal. I. RSA 125:6, 7 & 8, relative to the state board of 
health are hereby repealed. 

II. RSA 133:1, 2 Sc 3, relative to the council of mental health are 
hereby repealed. 

III. RSA 138:1, 2 Sc 4, relative to trustees of the New Hampshire 
State Sanatorium are hereby repealed. 

IV. RSA 161:3 & 6, relative to the board and commissioner of pub- 
lic welfare are hereby repealed. 

V. RSA 163 relative to inter-departmental committee on welfare 
and institutions is hereby repealed. 

VI. RSA 171:3 (supp) relative to superintendent of the Laconia 
state school is hereby repealed. 

VII. RSA 172:3, 4 and 5 relative to the commission on alcoholism 
are hereby repealed. 

VIII. RSA 10-A (supp) as inserted by 1957, 164, relating to the 
board of institutions, corrections and hospitals is hereby repealed. 

IX. RSA 10:2-a and 2-b, as inserted by 1957, 146, relating to trustees 
of the Laconia state school are hereby repealed. 

X. RSA 136:1 relating to the tuberculosis commission is hereby 
repealed. 

222:7 Appropriation. The sum of one hundred thousand dollars is 
hereby appropriated to the department of health and welfare, division of 
mental health, for the implementation of the provisions of RSA 126-A:10. 
Seventy-five thousand dollars of said sum shall be used for commimity 
mental health services only and no part of the same shall be transferred 



1961] Chapter 223 295 

to any other appropriation. Upon the request of the commissioner, after 
consultation with the advisory commission and with the approval of the 
governor and council, transfers from the balance of this appropriation 
may be made to any appropriation within the department. This appro- 
priation shall not lapse on June 30, 1962 but shall continue to be avail- 
able for expenditures in the succeeding fiscal year. It shall be a charge 
upon any funds of the state not otherwise appropriated. 

222:8 Definitions. Amend paragraph III of RSA 172 by striking 
out said paragraph and inserting ip place thereof the following: III 
'Commission' means the department of health and welfare, division of 
public health services. 

222:9 Authority of Governor and Council. Provided that if further 
regulations and designations are required by the federal government in 
connection with eligibility of the Department of Health and Welfare to 
receive and use federal funds heretofore available to the existing agencies 
hereby merged or funds to be available to the new department, the gover- 
nor and council are hereby authorized to adopt such regulations and to 
make such designations as may be required to effectively accomplish the 
purpose hereof. The authority of the governor and council, to approve 
intra-departmental organization as set forth in paragraph II of RSA 
126-A:2 as hereinbefore inserted, and approve the filling of vacancies in 
the classified service after July 1, 1961 as set forth in paragraph IV of 
RSA 126-A:2 as hereinbefore inserted, shall terminate as of June 30, 1963. 

222:10 Effective dates. Insofar as the limitation on filling vacancies 
is concerned as set forth in paragraph IV of RSA 126-A:2 as hereinabove 
inserted, the effective date shall be July 1, 1961. Insofar as the merger of 
departments, agencies and commissions is concerned, the remaining pro- 
visions of this act shall take effect as follows: The governor is authorized 
to issue a proclamation setting a time when said provisions shall take 
effect, provided that if such proclamation is not issued for an effective 
date prior to July 1, 1962, this act shall take effect as of that date. 
[Approved June 30, 1961.] 
[Effective date as specified.] 



CHAPTER 223. 

AN ACT ESTABLISHING A DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOP- 
MENT, MERGING THEREIN PLANNING AND DEVELOPMENT, FORESTRY, RECREA- 
TION, AND TRANSFERRING THERETO FOR LIMITED PURPOSES THE WATER 
RESOURCES BOARD AND THE NEW HAMPSHIRE STATE PORT AUTHORITY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

223:1 Declaration of Purpose. The purpose of this act is to improve 
the administration of state government by providing unified direction 



296 Chapter 223 [1961 

of policies, programs and personnel in the field of resources and economic 
development making possible increased efficiency and economies from in- 
tegrated administration and operation of these related functions of the 
state government. 

223:2 General Provisions. I. Upon the recommendation of the 
commissioner of resources and economic development after consultation 
Avith division directors concerned and the advisory commission established 
by this chapter, the governor and council are authorized to approve 
revisions in internal administrative departmental organization as the 
governor and council find from time to time may improve or make more 
economical the administration of the department; provided, however, 
no such change shall eliminate any then existing position within the 
classified service unless such position shall then be vacant, or, if filled, its 
incumbent has been transferred to an equivalent or higher paid position 
of like tenure. 

II. With the approval of the governor and council and of the per- 
sonnel commission the commissioner of resources and economic develop- 
ment after consultation with directors of divisions concerned and the 
advisory commission is authorized to transfer classified personnel, appro- 
priations or portions thereof relating thereto as well as necessary equip- 
ment, within any division or between divisions of the department; 
provided, however, that no such transfer shall eliminate classified posi- 
tions so transferred. Vacancies in classified positions occurring after July 
1, 1961, in any department functions to be transferred to the new de- 
partment of resources and economic development shall not be filled 
without the approval of the governor and council, provided that after 
written notification of vacancies to be filled are received by the governor 
and council from department directors, and if no action is taken on these 
requests within thirty days, the director of the division concerned may 
fill such vacancy or vacancies forthwith. No permanent classified em- 
ployee in the state service upon the effective date of this act shall be re- 
quired to take an examination to remain in his position. The authority 
of the governor and council to approve the filling of vacancies in the 
classified service after July 1, 1961 as hereinabove provided, shall ter- 
minate as of June 30, 1963. 

223:3 Department of Resources and Economic Development. Amend 
RSA by inserting after chapter 12 the following new- chapter; 

Chapter 12-A 

Department of Resources and Economic Development 

12-A:1 Establishment. There shall be a department of resources 
and economic development under the executive direction of a commis- 
sioner of resources and economic development, consisting of a division 
of resources development, a division of economic development which 



1961] Chapter 223 297 

shall include but not be limited to subdivisions of research, planning, 
development and promotion and a division of parks. 

12-A:2 Commissioner of Resources and Economic Development. 

There shall be a commissioner of resources and economic development 
who shall be appointed by the governor and council for a term of four 
years from the date of his appointment and until his successor is ap- 
pointed and qualified. A vacancy shall be filled for the unexpired term. 
It shall be the responsibility of the commissioner to organize and direct 
the work of the department. The commissioner of resources and economic 
development shall appoint one member of his staff who shall act in his 
stead when said commissioner is absent from the state and at such other 
times as he is so directed by the commissioner. When acting for the com- 
missioner said person shall have all the power, duties and authority of 
the commissioner. Directors of departmental divisions shall be subject 
to the supervisory authority of the commissioner, which authority shall 
include power to establish department and divisional policy as well as 
to control the actual operations of the department and all divisions there- 
in. The commissioner shall consult with the advisory commission prior 
to the establishment of general and divisional departmental policy. 

12-A:3 Directors of Divisions. The commissioner shall nominate 
for appointment by the governor and council a director of resources de- 
velopment, a director of economic development and a director of parks, 
each of whom shall serve, subject to the provisions of RSA 4:1, for a term 
of four years from the date of his appointment and until his successor is 
appointed and qualified. Any vacancy in such office shall be filled for 
the unexpired term in the same manner as the original appointment. 
Directors of divisions shall be responsible for the administration and op- 
eration of their respective divisions subject to the supervisory authority 
of the commissioner as set forth in section 12-A:2 of this chapter. 

12-A:4 Salaries. The annual salaries of the commissioner of re- 
sources and economic development, and of the directors of the divisions, 
shall be as provided in RSA 94 (supp) as hereinafter amended. 

12-A:5 Advisory Commission Established. There shall be a com- 
mission advisory to the commissioner of resources and development con- 
sisting of seven members each of whom shall be appointed by the governor 
and council for a term of five years and until his successor is appointed 
and qualified. Provided, however, that the initial appointments here- 
under shall be for the following terms: two members for a term of five 
years, two members for a term of four years, one member for a term of 
three years, one member for a term of two years and one member for a 
term of one year. As the term of initial appointees expire succeeding ap- 
pointments shall be for terms of five years. In the event of a vacancy in 
membership, appointment shall be made in the same manner but for 
the unexpired term only. The commission shall be composed of residents 



298 Chapter 223 [1961 

ot the state of New Hampshire, at least one of whom shall be qualified, 
experienced and representative of manufacturing, one of agriculture, 
one of recreation, one of forestry, one from the general public, one of 
commerce and one of public relations. The governor shall designate a 
chairman from among its membership which he shall do annually there- 
after and no member shall be eligible to serve as chairman more than 
three years whether or not his service as such has been consecutive or 
interrupted. Members of the commission shall serve without compensa- 
tion but shall be entitled to receive mileage and expenses when in the 
performance of duties required hereunder. 

12-A:6 Advisory Commission; Duties. The commission shall consult 
with and advise the commissioner of resources and development with 
respect to the policy, programs and operations of the department upon 
a continuing basis and for said purposes shall meet with the commissioner 
not less frequently than quarterly in each calendar year and oftener as 
may be necessary or desirable. Failure to attend two consecutive quarterly 
meetings shall be deemed to effect a vacancy which shall be filled in ac- 
cordance with the requirements of section 12-A:5. The commission shall 
meet at the call of the chairman, at the call of the commissioner of re- 
sources and development through the chairman, and it shall be the duty 
of the chairman to convene the commission not later than ten days fol- 
lowing his receipt of written request therefor from any three or more 
members thereof. The commissioner shall attend any meeting of the 
commission upon request of a majority of its membership. The advisory 
commission shall submit to the governor and council in each February 
a written report of the activities of the department covering the previous 
calendar year which report shall be a public document. An executive 
session of the advisory commission may be called at any time upon ma- 
jority vote and shall consist solely of the members thereof. 

12-A:7 Planning and Development Commission Abolished; Transfer 
of Functions and Powers, Tenure. The state planning and development 
commission, established pursuant to RSA 12, as amended, is hereby abol- 
ished. All of its powers, duties, functions, personnel, records and property 
are hereby transferred to the department of resources and economic 
development. Wherever reference is made to the planning and develop- 
ment commission in the statutes, it shall henceforth be construed to mean 
the department of resources and economic development. The tenure of 
members of the planning and development commission shall terminate 
upon the appointment and qualification of the commissioner of resources 
and economic development and directors of the divisions of resources 
and economic development. The commissioner shall assign, with the 
approval of the advisory commission, such duties, functions, personnel, 
records and property transferred to the department by this section to the 
division of resources and to the division of economic development as in 
his discretion he deems necessary and advisable. 



1961] Chapter 223 299 

12-A:8 Forestry and Recreation Commission Abolished; Transfer 
of Functions and Powers, Tenure. The forestry and recreation commis- 
sion, established pursuant to RSA 216, as amended, is hereby abolished. 
All of its powers, duties, functions, personnel, records and property are 
hereby transferred to the department of resources and economic develop- 
ment. The commissioner of resources and economic development, with 
the approval of the advisory commission shall assign such thereof to the 
division of resources development and such to the division of parks as is 
found necessary and advisable. Wherever reference is made to the for- 
estry and recreation commission in the statutes, it shall henceforth be 
construed to mean the department of resources and economic develop- 
ment. The tenure of members of the forestry and recreation commission 
shall terminate upon the appointment and qualification of the directors 
of the divisions of resources development and of parks. 

12-A:9 Director of Resources Development; Initial Appointment 
and Tenure. The state forester in office on the effective date of this act 
shall continue in office as director of the division of resources develop- 
ment subject to the provisions of this act. His tenure and salary shall be 
as herein established for the director of the division of resources develop- 
ment. All of the powers, duties and functions heretofore performed by 
the state forester pursuant to any provision of the statutes shall hence- 
forth be performed by the director of the division of resources develop- 
ment subject to the provisions of this act. Wherever reference is made to 
the state forester in any provision of the statutes it shall henceforth be 
construed to mean the director, division of resources development, de- 
partment of resources and economic development. 

12-A:10 Director of Parks; Initial Appointment and Tenure. The 

director of recreation in office on the effective date of this act shall con- 
tinue in office as director of the division of parks subject to the provisions 
of this act. His tenure and salary shall be as herein established for the 
director of the division of parks. All of the powers, duties and functions 
heretofore performed by the director of recreation pursuant to any pro- 
vision of the statutes shall henceforth be performed by the director of 
parks subject to the provisions of this act. Wherever reference is made 
to the director of recreation in any provision of the statutes it shall hence- 
forth be construed to mean the director, division of parks, within the 
department of resources and economic development. 

12-A:11 Water Resources Board; Transfer as an Entity. The water 
resources board established pursuant to RSA 481 together with all of its 
powers, duties, fimctions, personnel, records and property is hereby trans- 
ferred as a corporation, to the department of resources and economic 
development. Said transfer is for purposes of departmental organization 
and shall confer upon the commissioner of resources and economic de- 
velopment neither regulatory authority nor administrative supervision 
over said board which shall continue to function within the department 



300 Chapter 223 [1961 

in accordance with the provisions of RSA 481, as amended, and of any 
other provisions of the statutes, except that in future fiscal years its budget 
shall be submitted as a part of the budget of the department of resources 
and economic development and shall require the concurrence of the 
commissioner. 

12-A:12 New Hampshire State Port Authority; Transfer as an En- 
tity. The New Hampshire state port authority established pursuant to 
RSA 271-A, together ■with all its powers, duties, functions, personnel, 
records and property is hereby transferred to the department of re- 
sources and economic development. Said transfer is for the purposes of 
departmental organization and shall confer upon the commissioner of 
resources and economic development neither regulatory authority nor 
administrative supervision over said authority which shall continue to 
function within the department in accordance '^vith the provisions of RSA 
271-A. Provided, however, that in future fiscal years its budget shall be 
submitted as a part of the budget of the department of resources and eco- 
nomic development and shall require the concurrence of the commis- 
sioner. 

223:4 Salaries. Amend RSA 94:1 (supp) by striking out the following 
lines, "state forester, minimum $8866, maximum $10192", "director of 
recreation, minimum $8866, maximum $10192", "executive director of 
planning and development, minimum $8866, maximum $10192" and 
inserting in the proper alphabetical place, the following lines: 

Minimum Maximum 
Commissioner of resources and economic 

development $12,800 $14,800 

Director of division of resources development 9,621.04 10,947.04 

Director of division of parks 9,621.04 10,947.04 

Director of division of economic development 9,621.04 10,947.04 

223:5 Transfer of Funds. Any fimds provided in the appropriation 
acts for the year ending June 30, 1962 and the year ending June 30, 1963, 
relating to services and facilities transferred to the department of re- 
sources and economic development are hereby deemed to be appropriated 
for the same purposes in the new department of resources and economic 
development established herein. Provided, however, the specific sums 
appropriated for unclassified personnel, where the positions have been 
changed as to title and duties by this act, shall be deemed to be appropri- 
ated for unclassified positions in the new department hereby created, as 
the governor and council shall approve. 

223:6 Appropriation. In addition to other funds made available to 
the department of resources and economic development there is hereby 
appropriated the sum of thirteen thousand eight hundred dollars for the 
fiscal year ending June 30, 1962, or so much thereof as may be necessary, 
for the salary of the commissioner of resources and economic develop- 



1961] Chapter 224 301 

ment, and the sum of fourteen thousand seventy-five dollars is hereby ap- 
propriated for the fiscal year ending June 30, 1963, or so much thereof 
as may be necessary, for like salary. 

223:7 Repeal. I. RSA 12:1, 2, 3 and 12 relating to the planning and 
development commission and the executive secretary thereof, are hereby 
repealed. 

II. RSA 162 relating to the council on resources and development is 
hereby repealed. 

III. RSA 216:1 and 2 relating to the forestry and recreation commis- 
sion are hereby repealed. 

IV. RSA 218:1, 2, 3, and 4 relating to the directors of forestrv and 
recreation and the assistant director of recreation are hereby repealed. 

223:8 Limitations on Membership of Resources and Development 
Advisory Commission. No more than four members of the advisory coun- 
cil herein established shall be members of the same political party. 

223:9 Effective Date. The governor is authorized to issue a proclama- 
tion setting a time when the provisions of this act shall take effect, pro- 
vided, that if surh proclamation is not issued for an effective date prior 
to July 1.1 962, this act shall take effect as of said date. 
[Approved June 30, 1961.] 
[Effective date as specified.] 



CHAPTER 224. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DEPART- 
MENTS OF THE STATE FOR THE YEAR ENDING JUNE 30, 1962. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

224:1 Appropriations: The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the state for the purposes specified 
for the departments herein named, for the fiscal year ending June 30, 
1962, to wit: A continuing appropriation which shall not lapse, shall not 
be transferred to any department, institution or account, and which shall 
be for the expenses of the legislature, including $52,500.00 for the office 
of legislative budget assistant to the appropriations and finance com- 
mittees, and $8,000.00 for the office of research analyst to the senate 
finance committee, as follows: (Salary of legislative budget assistant 
$11,300.00, other personal services $35,950.00, other expenditures $5,250.- 
00*) (Salary of research analyst to senate finance committee $7,500.00, 
other expenditures $500.00) ' $295,000.00 

Leofislative council** 2,500.00 



302 Chapter 224 [1961 

Council of state governments 2,500.00 



Total for legislative branch $300,000.00 



*In this appropriation $3,000.00, or so much as necessary, shall be 
expended by the legislative budget assistant for an audit of the state 
treasury. The legislative budget assistant shall designate a certified public 
accountant, not employed in state service, to make the annual audit of 
the state treasury and said legislative budget assistant may accept the 
findings and report of said certified public accountant as fulfilling the 
provisions of paragraph II, section 31, chapter 14, RSA, whereby the 
said legislative budget assistant is required to audit the accounts of the 
state treasurer. 

**The funds in this appropriation shall not lapse but shall be avail- 
able for expenditure in the following year. 

For executive branch: 
Office of governor: 

Salary of governor $15,500.00 

Other personal services: 

Other* 35,000.00 



$50,500.00 

Current expenses 5,650.00 

Travel 1,200.00 

Equipment** 8,500.00 



Total $65,850.00 

Contingent fund 7,500.00 

Special citations to state employees 300.00 

Governor's special fund*** 10,000.00 



Total for governor's office $83,650.00 

Executive council 
Personal services: 

Other — per diem, gover- 
nor's council $13,500.00 
Salary of secretary to gover- 
nor's council 2,500.00 

$16,000.00 



Current expenses 300.00 

Travel 3,200.00 



Total for executive council $19,500.00 

Emergency fund 75,000.00 



Total for executive branch $178,1 50.00 



1961] Chapter 224 303 

*Salaries paid out of this appropriation shall be at levels set by the 
governor. 

**In this appropriation $7,000.00 shall be for carpeting for the ex- 
ecutive suite. 

***The funds appropriated under this item are to be spent by the 
governor in his own and sole discretion for state purposes, including but 
not limited to participation in the activities of the United State's Gover- 
nors Conference, the New England Conference of Governors, and the 
Council of State Governments, for which monies are not otherwise ap- 
propriated. 

For judicial branch: 
For supreme court: 

Salaries of justices $76,182.00 

Salary of clerk-reporter 9,756.00 
Salary of supreme court 

assistant 5,140.28 
Other personal services: 

Other 1,760.00 

■■ $92,838.28 



Current expenses 3,655.00 

Travel 2,575.00 

Equipment 5,984.00f 
Other expenditures: 

N. H. supreme court reports 5,500.00* 



Total $110,552.28 

Less estimated revenue 650.00 



Net appropriation $109,902.28 

fin this appropriation $5,000.00 shall be for furnishings. 
*The funds in the appropriation shall not lapse, but shall be avail- 
able for expenditure in the following year. 

For superior court: 

Salaries of judges $105,762.27 

Current expenses ' 6,000.00 

Travel 13,000.00 



Total $124,762.27 

For judicial council 7,150.00** 

**The funds in this appropriation shall not lapse, but shall be avail- 
able for expenditures in the following year. In this appropriation $4,600.- 
00 shall be for the salary of the secretary. 



304 



Chapter 224 



[1961 



For probate court: 
Salaries of judges 
Salaries of registers 
Salaries of deputies 

Total 

For administrative committees: 
Administrative committee for 

municipal courts 
Administrative committee for 

probate courts 

Total 

Total for judicial branch 

For adjutant general's department: 
Central administrative office: 

Salary of adjutant general $10,192.00 

Other personal services: 

Permanent 26,203.68 

Current expenses 

Equipment 

Other expenditures: 

State flags 

National flags 

Total 

National guard: 
Personal services: 

Permanent 
Current expenses 
Travel 
Other expenditures: 

Social security 

Total 

Armories: 

Personal services: 

Permanent 84,495.33 

Other 3,566.00 

Current expenses 



$34,929.60 
30,864.56 
32,890.77 



$2,500.00 
750.00 



$36,395.68 
6,310.00 
8,596.30 

180.00 
400.00 



32,528.51 

14,275.00 

1,300.00 

300.00 



88,061.33 
96,100.00 



98,684.93 



$3,250.00 

$343,749.48 



$51,881.98 



$48,403.51 



Chapter 224 


3,100.00 


305 






187,261.33 


range: 


3,646.19 
850.00 





1961] 

Equipment 

Total 

National guard rifle and pistol range: 
Personal services: 

Permanent 
Current expenses 

Total 4,496.19 

Officers' uniform allowance: 

Current expenses 9,000.00 

State military reservation, Concord: 

Current expenses 29,925.00 

Travel 200.00 

Equipment 175.00 

Total 30,300.00 

State military reservation. Concord: 
Photostatic division: 
Personal services: 

Permanent 3,243.70 

Current expenses 650.00 



Total 3,893.70 

State military reservation, Grenier 
air force base, Manchester: 
Personal services: 

Permanent 9,802.82 

Current expenses 26,000.00 

Travel 300.00 

Equipment 465.00 



Total 36,567.82 

Drill expense: 

Travel 600.00 

New Hampshire military academy 5,000.00 



Total for adjutant general's department $377,404.53 

Less estimated revenue 54,972.12 



Net appropriation $322,432.41 



306 



Chapter 224 



[1961 



For administration and control: 
Division of budget and control: 

Salary of comptroller $11,779.86 

Salary of business supervisor 9,1 12.80 

Salary of Assistant business 

supervisor 8,019.06 

Salary of farm supervisor 8,177.86 

Other personal services: 

Permanent 6,847.49 



Current expenses 

Travel 

Equipment 

Other expenditures: 

Atlantic marine fisheries 
Firemen's relief 
League of N. H. arts and crafts 
New England board of higher 

education 
Oasi contributions: 
State employees 
Teachers 



$43,937.07 
2,500.00 
1,200.00 
1,695.00 

700.00 
4,000.00 
8,000.00 

3,500.00 

306,500.00 
230,000.00 



Total 

Division of accounts: 

Salary of director $9,240.06 

Other personal services: 

Permanent 60,445.21 



$602,032.07 



Current expenses 

Travel 

Equipment 

Division of investigation of accounts: 
Personal services: 

Permanent 
Current expenses 
Travel 
Equipment 

Total 

Division of buildings and grounds: 
Personal services: 

Permanent $129,990.19 

Other 5,150.00 



$69,685.27 

21,000.00 

200.00 

575.00 



24,295.37 

325.00 

4,561.03 

3,400.00 



$91,460.27 



$32,581.40 



$135,140.19 



1961] Chapter 224 307 

Current expenses 90,000.00 

Equipment 1,000.00 



Total 
Less estimated revenue 


$9,508.60 

41,494.61 
2,475.00 


$226,140.19 
48,701.00 




Net appropriation 

Mailing division: 
Personal services: 

Permanent 
Current expenses 


$10,909.08 
610.00 


$177,439.19 


Total 

Division of purchase and property 
Salary of director 
Other personal services: 

Permanent 

Other 


$53,478.21 

3,730.00 

800.00 

750.00 


11,519.08 


Current expenses 

Travel 

Equipment 






Total 

Less revenue 


$58,758.21 
600.00 





Net appropriation 58,158.21 

State historical commission: 
Personal services: 

Other 500.00 

Current expenses 250.00 

Travel 500.00 



Total 1,250.00 

N. H. distributing agency: 
Surplus foods: 

Salary of director $7,514.00 

Other personal services: 

Permanent 16,330.98 

Other 4,000.00 

$27,844.98 



Current expenses 16,450.00 

Travel 2,350.00 

Equipment 4,500.00 



308 



Chapter 224 



[1961 



Other expenditures: 
Oasi and retirement 



Other expenditures: 
Oasi and retirement 

Total 

Less estimated revenue and 
balance* 



1,684.54 



Total 

Less estimated revenu 
balance* 


le and 

$6,977.90 

14,698.48 
600.00 


$52,829.52 
52,829.52 


Net appropriation 

Surplus property: 

Salary of deputy director 
Other personal services: 

Permanent 

Other 


$22,276.38 

20,050.00 

1,910.00 

350.00 


Current expenses 

Travel 

Equipment 





1,354.98 

$45,941.36 

45,941.36 



Net appropriation 

*Authority is hereby given to utilize so much as may be 
necessary of the balance accumulated at June 30, 1961, or 
any surplus accumulating during the fiscal year 1962 Avithin 
this subdivision, with approval of the governor and council, 
to efficiently operate this division without the use of any 
other state funds. 

Total for administration and control 



0.00 



0.00 



$974,440.22 



For agriculture: 

Office of commissioner: 
Salary of commissioner 
Other personal services: 
Permanent 

Current expenses 

Travel 

Equipment 



$10,252.06 




33,109.37 


$43,361.43 

4,400.00 
4,200.00 





4,000.00 



1961] 



Chapter 224 



309 



Other expenditures: 
Feed, seed and fertilizer 
analytical services 



25,000.00 



Total 






$80,961.43 


Division of markets and standards: 








Bureau of markets: 








Personal services: 








Permanent 


$31,134.20 






Other 


1,286.00 


$32,420.20 
17,640.00 




Current expenses 






Travel 




3,500.00 




Equipment 




5,140.00 




Other expenditures: 








Cooperative grant to New England 






crop reporting services 




800.00 




Rodent control ^vork in cooperation 






with federal government 




100.00 




Federal supervision in connection with 






farm produce inspection 




250.00 




Total 




$59,850.20 


Bureau of weights and measure: 








Personal services: 








Permanent 




$24,900.81 




Current expenses 




3,500.00 




Travel 




4,825.00 




Equipment 




4,675.00 




Total 


$37,900.81 




Less estimated revenue 




15,000.00 





Net appropriation 

Division of animal industry: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Other expenditures: 

Sale of animals and birds 



$41,874.70 
2,064.25 



$43,938.95 
4,411.00 
6,500.00 
4,800.00 



22,900.81 



$200.00 



310 Chapter 224 

Less estimated revenue 200.00 



[1961 



Net appropriation 0.00 

Tubercular testing 32,000.00 
Brucellosis, vibrosis and leptospirosis 

testing 33,000.00 

Testing for mastitis control 2,500.00 

Indemnities for condemned animals 1,500.00 

Diagnostic services for domestic animals 1 2,500.00 

Other veterinarian services 200.00 

Total 

Insect and plant disease suppression and control: 
Personal services: 

Permanent $15,377.03 

Other 7,367.00 



141,349.95 



— 




$22,744.03 




Current expenses 




1,550.00 




Travel 




5,655.00 




Total 




$29,949.03 


Milk control: 








Personal services: 








Permanent 


12,290.58 






Other 


750.00 


$13,040.58 
1,965.00 




Current expenses 






Travel 




3,350.00 




Equipment 




395.00 




Other expenditures: 








Public hearings 




250.00 




Total 


$19,000.58 




Less estimated revenue 




18,000.00 




Net appropriation 




1,000.58 


Economics poison law: 




1,500.00 




Less estimated revenue 




1,500.00 




Net appropriation 




0.00 


Board of veterinary examiners 






450.00 


Tests for germination and purity of 








agricultural seeds 




$250.00 




Less revenue and balance 




250.00 





1961] Chapter 224 311 

Net appropriation 0.00 

Vesicular examthema $150.00 

Less revenue and balance 100.00 



Net appropriation 
Licensing of live poultry dealers 
Less revenue and balance 


$300.00 
300.00 


50.00 


Net appropriation 
Grants:* 

State soil conservation committee 
Eastern states exhibit 


$300.00 
2,000.00 


0.00 


Total 




2,300.00 



Total for department of agriculture $338,812.00 

*The provisions of RSA 441:5 are suspended for the fiscal year end- 
ing June 30, 1962. 

For attorney general: 

Office of attorney general: 

Salary of attorney general $12,280.00 

Salary of deputy attorney 

general 10,868.00 

Salaries of 4 asst. attorneys 

general 35,875.20 

Other personal services: 

Permanent 38,959.43 

Other 1,200.00 

$99,182.63 



Current expenses 5,700.00 

Travel 3,225.00 

Equipment 3,189.00 

Other expenditures: 

Investigation of subversive 
activities including personal 
services: $8,000.00* 

Commission on uniform laws 1,000.00 
Legal services re dept. of pub- 
lic works and highways 6,000.00 

15,000.00 



Total $126,296.63 

Less estimated revenue 31,265.00 



Net appropriation $95,031.63 



312 Chapter 224 [1961 

*Xo part of this appropriation shall be spent without the prior ap- 
proval of the governor. Monthly reports of the expenses shall be made by 
the attorney general to the legislative budget assistant in such form as he 
may require. 

Division of charitable trusts: 

Salary of director $4,818.06 

Other personal services: 

Permanent 4,720.30 

Other 400.00 

$9,938.36 



Current expenses 320.00 

Travel 301.50 

Equipment 565.00 



Total $11,124.86 

Total for attorney general $106,156.49 



For forestry division (forestry and recreation): 
Administration: 

Salary of state forester $10,252.06 

Other personal services: 

Permanent 34,092.41 

$44,344.47 

Current expenses 5,215.00 

Travel 600.00 



Total $50,159.47 

Less refunds (maintenance) 234.65 



Net appropriation $49,924.82 

District fire supervision: 
Personal services: 
Permanent $81,221.56 

Other 500.00 

$81,721.56 



Current expenses 16,520.00f 

Travel 12,583.00 

Equipment 10,000.00 



Total $120,824.56 

Less revenue and balance* 75,000.00 



Net appropriation 45,824.56 



1961] Chapter 224 313 

fin this appropriation $1,700.00 may be spent for no purpose other 
than bond premium and insurance, and $800.00 may be spent for no 
purpose other than clothing. 

*If the federal grant exceeds the above estimate, such excess may be 
expended for said purposes with the approval of the governor and council. 

Lookout stations: 
Personal services: 

Permanent $63,009.36 

Other 150.00 



Total 63,159.36 

Wardens' training conferences: 

Current expenses $3,000.00 

Other expenditures: 

State's share of town warden training 4,000.00 



Total 7,000.00 

Prevention of fires: 
Personal services: 

Other $2,725.98 

Current expenses 1,000.00 

Equipment 5,000.00 

Other expenses: 

State's share of prevention bills with 

towns 1,200.00 



Total 9,925.98 

White pine blister rust: 
Personal services: 

Permanent $37,912.04 

Other 1,000.00 

$38,912.04 



Current expenses 2,076.00 

Travel 7,244.00 

Equipment 2,550.00 



Total $50,782.04 

Less revenue and balance* 30,000.00 



Net appropriation 20,782.04 

*If the federal grant exceeds the above estimate, such excess may be 
expended for said purposes with the approval of the governor and council. 



314 Chapter 224 [1961 

Northeastern forest fire compact: 

Current expenses $592.50 

Travel 300.00 

892.50 



Total 












Nursery: 

Personal services: 
Permanent 
Other 


and balance 
(maintenanc 


$19,662.11 
9,000.00 


$28,662.11 

7,836.00 

535.00 

2,500.00 


Current expenses 

Travel 

Equipment 


* 
:e) 






Total 

Less revenue 

Less refunds 


39,533.11 

19,500.00 

293.02 



Net appropriation 19,740.09 

*If the federal grant exceeds the above estimate, such excess may be 
expended for said purposes with the approval of the governor and council. 

Cooperative forest management: 

Personal services: 
^^ Other 16,000.00 

Forest improvement fund: 
Administration: 
Personal services: 

Permanent $28,105.76 

Current expenses 4,110.00 

Travel 3,600.00 

Equipment 1,700.00 

State forest operations: 
Personal services: 
Other: 

Chopping, hauling, yarding $35,000.00 
Labor — silviculture 5,000.00 

40.000.00 



Other expenditures: 

Purchase of land and interest in land 10,000.00 

Timber tax 1,000.00 



Total $88,515.76 

Less revenue and balance* 88,515.76 



Net appropriation 0.00 



1961] Chapter 224 315 

*Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

Caroline A. Fox research fund: 
Personal services: 

Permanent $3,410.16 

Other 6,650.00 

$10,060.16 



Current expenses 3,545.00 

Travel 695.00 

Equipment 2,700.00 

Total $17,000.16 

Less revenue and balance 16,765.51 

Less refunds (maintenance) 234.65 



Net appropriation 0.00 

Total for forestry • $233,249.35 

For department of health: 
Administration: state 

Salary of state health officer $14,779.45 
Other personal services: 

Permanent 24,360.58 

Other 980.00 

$40,120.03 

Current expenses 13,500.00 

Travel 1,900.00 



Total $55,520.03 

Less credit transfers 5,169.52 



Net appropriation $50,350.51 

Administration: federal 
Personal services: 

Permanent $10,316.54 

Current expenses 5,750.00 

Travel 1,700.00 



Total* $17,766.54 

Less estimated revenue* 17,766.54 



Net appropriation 0.00 



316 Chapter 224 [1961 

Special health services: state 
Personal services: 

Permanent $11,770.11 

Other 12,250.00 

$24,020.11 

Current expenses 9,600.00 

Equipment 185.00 



Total 33,805.11 

Special health services: federal 
Personal services: 

Other $8,800.00 

Current expenses 8,259.30 

Travel 1,400.00 



Total* $18,459.30 

Less estimated revenue* 18,459.30 



Net appropriation 0.00 

Business management: state 
Personal services: 

Permanent $19,303.47 

Current expenses 1,700.00 

Equipment 3,000.00 



Total 24,003.47 

Business management: federal 
Personal services: 

Permanent $12,809.35 

Other 100.00 

$12,909.35 

Current expenses 2,991.00 

Travel 1,500.00 

Equipment 150.00 



Total* $17,550.35 

Less estimated revenue* 17,550.35 



Net appropriation 0.00 

Hospital services: state 
Personal services: 

Permanent 24,826.28 

Current expenses 800.00 



1961] 
Travel 


Chapter 224 

$30,127.71 
1,000.00 


2,600.00 


Total 

Vital statistics: state 
Personal services: 
Permanent 
Other 


$31,127.71 

3,795.10 

925.00 


Current expenses 
Equipment 





317 



28,226.28 



Totalf 35,847.81 

■fAny revenue received in addition to this appropriation shall be 
available for expenditure for said purposes 
Vital statistics: federal 



Personal services: 








Permanent 






2,390.40 


Current expenses 






2,300.00 


Travel 






550.00 


Total* 


$5,240.40 


Less estimate 


d revenue* 
ation 




5,240.40 


Net appropri 




Public health nursing: 


state 






Personal services: 








Permanent 






66,823.91 


Current expenses 






900.00 


Travel 






3,500.00 


Equipment 






200.00 


Total 




Public health nursing: 


federal 






Personal services: 








Permanent 




$26,816.86 




Other 




200.00 


$27,016.86 
3,060.00 


Current Expenses 






Travel 






11,250.00 


Total* 


$41,326.86 


Less estimated revenue* 




41,326.86 



0.00 



71,423.91 



Net appropriation 0.00 



318 



Chapter 224 



[1961 



Communicable disease control: state 
Personal services: 

Permanent $35,623.81 

Other 5,000.00 

Current expenses 

Travel 

Equipment 

Total 

Communicable disease control: federal 
Personal services: 

Other 
Current expenses 

Total* 

Less estimated revenue* 

Net appropriation 

Dental services: state 
Personal services: 

Permanent 
Current expenses 
Travel 
Other expenditures: 

Dental fees private 

Total 

Less revenue grants** 



$40,623.81 

33,910.00 

3,750.00 

800.00 



$3,000.00 
10,900.00 

513,900.00 
13,900.00 



i20,315.80 
375.00 
250.00 

5,095.00 

526,035.80 
5,095.00 



79,083.81 



0.00 



Net appropriation 20,940.80 

**Any revenue in excess of this estimate shall be available for fur- 



ther expenditure for said purpose. 



Dental services: federal 




Personal services: 




Other 


$5,095.00 


Current expenses 
Travel 


800.00 
2,000.00 


Total* 


$7,895.00 


Less estimated revenue* 


7,895.00 



Net appropriation 



0.00 



1961] Chapter 224 319 

Maternal and child health and crippled 
children's services: state 
Personal services: 

Permanent $21,692.32 

Other 4,200.00 

$25,892.32 



Current expenses 33,900.00 

Travel 600.00 
Other expenditures: 

Convalescent care and clinics*** 60,000.00 



Total 120,392.32 

***The division of investigation of accounts shall investigate the 
ability to pay of patients and those legally chargeable for their support 
and maintenance for care, treatment or maintenance furnished hereunder 
and the expenses of said care, treatment or maintenance may be re- 
covered in an action in the name of the state from the patient or those 
persons chargeable with his support where said person or persons have 
a weekly income or other resources more than sufficient to provide a 
reasonable subsistence compatible with decency and health. 

Maternal and child health and crippled 
children's services: federal 
Personal services: 

Permanent $16,722.42 

Other 18,239.94 

$34,962.36 



Current expenses 54,176.89 

Travel 2,000.00 

Equipment 525.00 
Other expenditures: 

Convalescent care and clinics 40,000.00 

Other awards and indemnities 7,750.00 



Total* $139,414.25 

Less estimated revenue* 139,414.25 



Net appropriation 0.00 

Occupational health: state 
Personal services: 

Permanent $35,853.63 

Current expenses 500.00 

Travel 1,350.00 

Equipment 1,200.00 

Total 38,903.63 



320 Chapter 224 [1961 

Occupational health: federal 
Personal services: 

Permanent $5,680.22 

Current expenses 2,000.00 

Travel 3,400.00 



Total* $11,080.22 

Less estimated revenue* 11,080.22 



Net appropriation 0.00 

Food and chemistry: state 
Personal services: 

Permanent $65,228.26 n: ' 

Other 1,900.00 

$67,128.26 



Current expenses 3,400.00 

Travel 11,800.00 

Equipment 800.00 

Total 83,128.26 

Sanitary engineering: state 
Personal services: 

Permanent $53,886.56 

Other** 10,590.00 

$64,476.56 



Current expenses 4,975.00 

Travel 8,000.00 

Equipment 1.500.00 

Total 78,951.56 

**In this appropriation the sum of $5,000.00 shall be for consultant 
sanitary engineering services and any unexpended balance shall be avail- 
able for expenditure in the following year. 

Diagnostic laboratory: state 

Current expenses $3,305.00 

Travel 703.00 

Equipment 1,500.00 

Total 5,508.00 

Diagnostic laboratory: federal 

Current expenses* $9,800.00 

Less estimated revenue* 9,800.00 



Net appropriation 0.00 



1961] Chapter 224 321 

Commission on alcoholism: state 
Personal services: 

Permanent $57,840.57 

Other 13,299.00 

$71,139.57 



Current expenses 12,725.00 

Travel 4,140.00 

Equipment 2.295.00 



Total 90,299.57 

Miscellaneous services: federal 
Other expenditures: 

Merit system participation, training of per- 
sonnel, and apha examinations $5,000.00* 
Less estimated revenue* 5,000.00 



Net appropriation 0.00 

Net appropriation • $760,865.04 



*A11 amounts asterisked (*) in this appropriation for department of 
health are available for expenditure only if funds are available as a fed- 
eral grant. If the federal grants exceed the estimate such excess may be 
expended for said purposes with the approval of the governor and council. 

For barbers' board:* 
Personal services: 

Other $1,400.00 

Current expenses 860.00 

Travel 1,400.00 

Equipment 110.00 

Other expenditures: 

Transfer to health dept. for salary of clerk 

IV and temporary clerk typist I 2,000.52 



Total $5,770.52 

Less estimated revenue 5,770.52 



Net appropriation 0.00 



*Any revenue in excess of $5,950.00 may be expended for said pur- 
poses with the approval of the governor and council. 
For cancer commission: 
State funds: 

Personal services: 

Permanent $9,500.40 



322 



Other 



Chapter 224 
17,200.00 



[1961 



Current expenses 
Travel 

Total 

Federal funds: 
Personal services: 
Permanent 

Other expenditures: 
Cancer registrations 
Other cancer control activities 

Total* 

Less estimated revenue* 

Net appropriation 

Total for cancer commission 
Less estimated revenue** 

Net appropriation 



$26,700.40 

109,560.00 

1,650.00 



$2,747.16 

15,000.00 

7,252.84 

$25,000.00 
25,000.00 



$137,910.40 



0.00 



$137,910.40 
32,000.00 

$105,910.40 



*This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes with the approval of the gover- 
nor and council. 

**Any revenue in excess of this estimate may be expended for said 
purposes with the approval of the governor and council. 
For board of chiropody: 



Personal services: 

Other 
Current expenses 



Total 

Less revenue and balance 

Net appropriation 



For dental board: 
Personal services: 

Other 
Current expenses 



$95.00 
50.00 



$145.00 
145.00 



$1,000.00 
500.00 



0.00 



1961] Chapter 224 323 

Travel 1,000.00 



Total $2,500.00 

Less revenue and balance* 2,500.00 



Net appropriation 0.00 



*Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

For board of registration of funeral directors and embalmers: 
Personal services: 

Other $2,350.00 

Current expenses 775.00 

Travel 2,525.00 

Equipment 65.00 



Total $5,715.00 

Less revenue and balance 5,715.00 



Net appropriation 0.00 



For board of hairdressers:* 
Personal services: 

Other $2,000.00 

Current expenses 1,080.00 

Travel 2,000.00 

Equipment 572.50 

Other expenditures: 

Teachers training course re-improved 

standards for beauty schools 500.00 

Transfer to health dept. for salary of clerk 

IV and temporary clerk typist I 3,220.00 



Total $9,372.50 

Less estimated revenue 9,372.50 



Net appropriation 0.00 



*Any revenue in excess of $10,700.00 shall be available for such fur- 
ther expenditures for said purposes as the governor and council shall 
approve. 



324 Chapter 224 [1961 



For board of registration in medicine: 






Personal services: 






Other 


$1,000.00 




Current expenses 


1,910.00 




Travel 


535.00 




Equipment 


865.00 




Total 


$4,310.00 




Less estimated revenue 


4,310.00 




Net appropriation 




0.00 


For pharmacy commission: 




Personal services: 






Other 


$2,300.00 




Current expenses 


700.00 




Travel 


1,300.00 




Total 




$4,300.00 



For insurance department: 
Office of commissioner: 

Salary of commissioner $10,312.12 

Salary of deputy commissioner 9,020.18 
Other personal services: 

Permanent 37,728.48 

$57,060.78 

Current expenses 7,300.00 

Travel 1,400.00 

Equipment 866.00* 



Total $66,626.78 

*In this appropriation $150.00 shall be for one postindex visible 
card file, $50.00 for a metal base, $30.00 for two 2 drawer card files, and 
$236.00 for a stenographer's desk. 



Rating division: 






Personal services: 






Permanent 


$6,704.24 




Other — insurance actuary* 


10,000.00 


$16,704.24 






Current expenses 




1,200.00 


Travel 




300.00 


Equipment 




235.00 



Total 18,439.24 



1961] Chapter 224 325 

*The funds in this appropriation are for the employment of neces- 
sary actuarial services and no part thereof shall be transferred to any other 
appropriation or expended for any other purpose. 
Real estate division: 

Personal services: 

Permanent $3,502.57 

Current expenses 1,185.00 

Travel 200.00 

Equipment 15.00 



Total 4,902.57 



Total for insurance department $89,968.59 



For department of labor: 
Office of commissioner: 



Salary of commissioner 


$7,760.00 




Salary of deputy commissioner 


7,206.16 




Other personal services 






Permanent 


3,116.10 




Other 


740.00 


$18,822.26 
6,950.00 


Current expenses 




Travel 




2,100.00 


Equipment 




250.00 


Total 


$28,122.26 


Factory inspections division: 






Personal services: 






Permanent 




$40,001.41* 


Current expenses 




2,250.00 


Travel 




10,000.00 


Equipment 




475.00 



Total $52,726.41 

*$3,700.16 of this amount shall be used to employ a new factory in- 
spector I. 

Workmen's compensation division: 
Personal services: 

Permanent $29,035.21 

Current expenses 3,790.00 

Equipment 1,000.00 

Total 33,825.21 



326 



Chapter 224 



[1961 



New Hampshire apprenticeship council: 
Other expenditures: 
Apprenticeship council 

Total for department of labor 

For motor vehicle department: 
Administration: 

Salary of commissioner $ 1 0,56 1.34 
Salary of deputy commissioner 9,020.18 
Other personal services: 

Permanent 174,873.60 

Other 28,050.00 



Current expenses 

Travel 

Equipment 

Other expenditures: 

Retirement 

OASI 

Total 

Gasoline road toll administration: 
Personal services 
Permanent 
Other 

Current expenses 

Travel 

Equipment 



$20,659.86 
500.00 



$222,505.12 

180,000.00 

2,245.00 

6,000.00 

13,000.00 
12,725.00 



$21,159.86 
1,260.00 
4,000.00 
2,225.00 



200.00 



$114,873.88 



$436,475.12 



Total 

Inspectional services: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Highway safety: 
Personal services: 
Permanent 



28,644.86 



$93,630.80 
7,500.00 



$101,130.80 

7,000.00 

23,000.00 

20,900.00 



152,030.80 



$44,696.52 



1961] 

Other 

Current expenses 

Travel 

Equipment 

Total 

Unemployment benefits 
Court returns: 

Personal services: 
Permanent 

Current expenses 

Equipment 

Total 



Less revenue 



Net appropriation 



Chapter 224 
2,000.00 


$46,696.52 

9,000.00 

10,500.00 

4,800.00 


327 








$6,035.80 
150.00 
350.00 


70,996.52 
500.00 






6,535.80 


licle department 


$695,183.10 
695,183.10 




0.00 



For personnel department: 






State funds: 






Salary of director 


$9,576.06 




Salary of deputy director 


8,284.12 




Other personal services: 






Permanent 


40,333.30 




Other 


2,151.60 


$60,345.08 






Current expenses 




2,064.61 


Travel 




1,684.50 


Total 


$64,094.19 


Federal funds: 






Personal services: 






Permanent 




$6,480.24 


Current expenses 




1,300.39 


Travel 




55.50 


Equipment 




1,002.50 


Other expenditures: 






Oasi and retirement 




344.00 


Total* 


$9,182.63 


Less estimated revenue* 




9,182.63 



328 Chapter 224 [1961 

Net appropriation 0.00 



Total for personnel department $64,094.19 



*This amount available for expenditure only if funds are available 
as a federal grant. 

For public welfare: 
Administration: 
Personal services: 

Permanent* $200,222.52 

Other 5,425.00 

$205,647.52 

Current expenses 41,607.00 

Travel 6,500.00 

Equipment 6,745.25 

Other expenditures: 

Personnel department (merit system) 3,000.00 

Employees retirement 22,035.00 

Oasi 22,094.00 

Educational leave 3,000.00 

Physical examination for applicants 500.00 



Total $311,128.77** 

*This amount includes $3,000.00 to be paid to the department of 
the attorney general for legal services. 

**This appropriation includes an amount of $6,596.26 ($6,036.26 for 
personal services — permanent; $200.00 for Current expenses, and $360.00 
for equipment) transferred from the division of state services. 
Field services: 

Personal services: 

Permanent* $419,190.64** 

Other 9,585.00 

$428,775.64 

Current expenses 45,896.00 

Travel 20,650.00 

Equipment 6,270.00 



Total 501,591.64 

*In this appropriation $8,100.04 shall be for the salary of an attorney 
I notwithstanding any increased rate authorized by RSA 98, or RSA 99, 
or the relation of this position to other positions in the department. 

**In the event the state does not accept the provisions of an act 
relative to medical aid for the aged at the 1961 session of the legislature 



1961] Chapter 224 329 

the following positions in the department shall be abolished, namely, 
one caseworker in each of the following district offices, Concord, Woods- 
ville, Nashua and Portsmouth, and one clerical position in the Man- 
chester district office. If such positions are abolished the $17,234.86 in- 
cluded in this figure for the salaries of said positions shall be eliminated. 



Blind services: 




Personal services: 




Permanent $18,394.16 




Other 600.00 






18,994.16 




Current expenses 


903.00 


Travel 


2,910.00 


Equipment 


215.00 


Other expenditures: 




Education of the blind 


50,000.00 


Sight conservation 


21,500.00 


Total 




Child welfare services: 




State funds: 




Personal services: 




Permanent 


$61,365.84 


Travel 


8,256.60 


Other expenditures: 




Educational leave 


1,376.10 


Conferences & institutes 


1,376.10 


Foster care 


1,146.75 


Specialized services 


458.70 


Total 




Federal funds: 




Personal services: 




Permanent 


$72,416.24 


Travel 


9,743.40 


Other expenditures: 




Educational leave 


1,623.90 


Conferences Sc institutes 


1,623.90 


Foster care 


1,353.25 


Specialized services 


541.30 


Total* 


$87,301.99 


Less estimated revenue* 


87,301.99 



94,522.16 



73,980.09 



Net appropriation 0.00 



330 



Chapter 224 



[1961 



\'ocational rehabilitation: 
State funds: 

Other expenditures: 

Extension and improvement 

Case services 

In service training 



$1,500.00 

17,387.86 

409.00 



Total 

Federal funds: 
Personal services: 



19,296.86 



Permanent 
Travel 
Equipment 

Other expenditures: 

Extension and improvement 

Case services 

In service training 


$18,837.61 

2,987.00 

540.00 

4,500.00 
8,244.14 
1,226.00 




Total* 

Less estimated revenue* 


$36,334.75 
36,334.75 




Net appropriation 
Special children's fund 
John Nesmith fund 

Old age assistance: 
State's share 

Less estimated revenue 


$917,681.25 
103,000.00 


0.00 
6,000.00 
3,700.00 


Net appropriation 

Towns and counties 

Less estimated revenue 


$1,176,633.75 
1,176,633.75 


814,681.25 


Net appropriation 

Federal* 

Less estimated revenue* 


$2,612,220.00 
2,612,220.00 


0.00 


Net appropriation 

Old age assistance to aliens: 
Towns and counties 

Less estimated revenue 


$161,889.00 
161,889.00 


0.00 



Net appropriation 



0.00 



1961] Chapter 224 331 

Federal* $215,124.00 

Less estimated revenue* 215,124.00 



Net appropriation 0.00 

Aid to dependent children: 

State's share $1,045,289.07 

Less estimated revenue 100,000.00 



Net appropriation 945,289.07 

Federal* $1,067,478.93 

Less estimated revenue* 1,067,478.93 



Net appropriation 0.00 

Aid to needy blind: 

State's share $144,338.04 

Less estimated revenue 2,700.00 



Net appropriation 141,638.04 

Federal* $130,685.04 

Less estimated revenue* 130,685.04 



Net appropriation 0.00 

Aid to permanently and totally disabled: 

State's share $138,816.84 

Less estimated revenue 3,700.00 



Net appropriation 135,116.84 

Towns and counties: $213,053.82 

Less estimated revenue 213,053.82 



Net appropriation 0.00 

Federal* $256,854.54 

Less estimated revenue* 256,854.54 



Net appropriation 0.00 



Total for public welfare $3,046,944.72 
Less town and county share of 

oasi administration 12,933.06 
Less transfer re administration 

from federal grants 307,224.00 

Less balance 588,557.69 



Net appropriation $2,138,229.97 



332 Chapter 224 [1961 

*A11 amounts asterisked (*) in this appropriation for public welfare 
are available for expenditure only if funds are available as a federal grant. 
If the federal grants exceed the estimate such excess may be expended for 
said purposes ^vith the approval of the governor and council. 

For the fiscal year ending June 30, 1962, the share which a county 
or town must reimburse the state for aid to totally and permanently dis- 
abled persons for Avhich county or town is liable shall be thirty-five per 
cent. Provisions of the law inconsistent with the provisions hereof are 
hereby suspended until June 30, 1962. 

For veterans council: 
Personal services: 

Permanent $12,378.08 

Current expenses 840.00 

Travel 1,910.00 

Equipment 400.00 

Other expenditures: 

Veterans burials 4,500.00 



Total $20,028.08 



For recreation division (Forestry and recreation): 
Administration: 

Salary of director $10,432.24 

Salary of assistant director 8,344.18 

Other personal services: 

Permanent 100,929.07 

Other 14,268.96 

$133,974.45 

Current expensesf 47,512.00 

Travel 6,000.00 

Equipment 15,000.00 

Other expenditures: 

Employees retirement 5,440.00 

Oasi 7,300.00 



Total $215,226.45 

fin this appropriation $19,490.00 shall be for advertising and no 
expenditure shall be made for this purpose without prior approval of the 
governor and council. 

Service parks: 
Personal services: 

Permanent $61,629.87 

Other 204,741.00 

266,370.87 



1961] Chapter 224 333 

Current expenses 73,000.00 

Travel 2,200.00 

Equipment 25,000.00 

Other expenditures: 

Injured employees 3,000.00 



Total 369,570.87 

Self supporting parks: 
Personal services: 

Permanent $249,112.37 

Other 175,000.00 

424,112.37 



Current expensesf 189,000.00 

Travel 2,000.00 

Equipment 27,000.00 
Other expendi tines: 

Injured employees 4,000.00 



Total 646,112.37 

fin this appropriation $45,665.00 shall be for advertising and no 
expenditure shall be made for this pinpose without prior approval of the 
governor and council. 

Bonds and interest: 

Recreation areas, laws of 1951, 

issue of 1954 $12,450.00 

Recreational facilities, laws of 1953, 

issue of 1954 49,775.00 

Recreational facilities, laws of 1953, 

issue of 1956 16,957.50 

Recreational facilities, laws of 1955 

as amended by laws of 1957, issue of 1959 36,488.75 
Recreational facilities, laws of 1957, 

issue of 1959 37,918.75 

Recreational facilities, laws of 1959, 

not yet issued 9,000.00* 



Total 162,590.00 



*No part of this appropriation shall be transferred to any other ac- 
count or used for any other purpose. 

Total for recreation $1,393,499.69 

Less revenue and balance* 1,393,499.69 



Net appropriation 0.00 



334 Chapter 224 [1961 

*Any actual excess of money over estimate after deduction of legis- 
lati\e appropriations may be expended upon approval of governor and 
council. 

Hampton beach parking facility: 

Personal services: 

Other $450.00 

Current expenses 11,425.00 

Other expenditures: 

Hampton sea walls bonds 50,000.00 

Interest on bonds 24,187.50 



Total $86,062.50 

Less estimated revenue 26,600.00 



Net appropriation $59,462.50 



For secretary of state: 






Office of secretary: 






Salary of secretary 


$8,613.60 




Salary of deputy secretary 


7,565.18 




Other personal services: 






Permanent 


34,431.86 




Other 


1,200.00 


51,810.64 
5,000.00 


Current expenses 




Travel 




700.00 


Equipment 




475.00 


Other expenditures: 






Preservation of state and 


provincial records 


500.00 


Total 


$58,485.64 


Elections: 






Personal services: 






Other 




$1,000.00 


Current expenses 




27,400.00* 


Travel 




75.00 



Total 28,475.00 

*In this appropriation $24,000.00 shall be for printing and binding 
and any balance shall not lapse, but shall be available for expenditure in 
the following year. 

Photostat division: 
Personal services: 

Permanent $3,964.82 



1961] 



Other 



Chapter 224 
200.00 



335 



Current expenses 

Total 

Trading stamp division: 
Other expenditures: 
Trading stamps 
Less estimated revenue 

Net appropriation 

Commercial code division: 
Personal services: 



$4,164.82 
3,000.00 



$450.00 
450.00 



7,164.82 



0.00 



Permanent 
Current expenses 


$2,747.16 
2,100.00 




Total 


$367.50 

1,467.00 

125.00 


4,847.16 


Total for secretary of state 


$98,972.62 


For board of accountancy: 
Personal services: 

Other 
Current expenses 
Travel 




Total 

Less revenue and balance 


$1,959.50 
1,959.50 




Net appropriation 


$850.00 

335.00 

100.00 

50.00 


0.00 


For board of registration for architects: 
Personal services: 

Other 
Current expenses 
Travel 
Equipment 




Total 

Less revenue and balance* 


$1,335.00 
1,335.00 




Net appropriation 




0.00 



336 Chapter 224 [1961 

*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 

For state athletic commission: 
Personal services: 

Other $635.00 

Current expenses 156.00 

Travel 290.00 



Total $1,081.00 

Less revenue and balance* 1,081.00 



Net appropriation 0.00 



*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 
For board of chiropractic examiners: 

Personal services: 

Other $700.00 

Current expenses 700.00 

Travel 1,000.00 



Total $2,400.00 



For board of registration of professional engineers: 
Personal services: 

Other $2,545.00 

Current expenses 1,380.00 

Travel 1,000.00 

Equipment 110.00 



Total $5,035.00 

Less revenue and balance* 5,035.00 



Net appropriation 0.00 

*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 
For board of registration in optometry: 

Personal services: 

Other $520.00 

Current expenses 200.00 



1961] 
Travel 



Chapter 224 



Total 



460.00 



337 



$1,180.00 



For state library: 
Administration: 
Salary of librarian 
Salary of assistant librarian 

Other personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Extension: 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Institute work shops 

Total 



$8,960.12 
7,488.00 

116,121.97 
6,100.92 



il38,671.01 

10,485.00 

800.00 

24,216.00 



$8,320.00 

2,800.00 

13,072.00 

300.00 



State aid: 

Grants-in-aid to rural libraries 

Federal aid: 

Personal services: 
Permanent 
Other 


$22,231.98 
4,001.16 


$26,233.14 

5,816.00 

1,000.00 

15,000.00 

11,359.43 
861.00 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Public relations 
Oasi 




Total* 

Less estimated revenue* 


$60,269.57 
60,269.57 



$174,172.01 



24,492.00 
2,000.00 



338 Chapter 224 

Net appropriation 
Total for state library 



[1961 
0.00 



$200,664.01 



*This amount available for expenditure only if funds are available as 
a federal sirant. 



For state police: 






Administration: 






Salary of superintendent 


$10,192.00 




Other personal services: 






Permanent 


638,641.93 




Other 


5,500.00 


$654,333.93 
62,750.00 


Current expenses 




Travel 




145,725.00 


Equipment 




89,392.74 


Other expenditures: 






Retirement and oasi 




38,022.33 


Expense of equipping ten new 




additional troopers 


< 


52,500.00 


Total for state police 


M,042,724.00 


Less transfer from high^vay fund 


786,348.16 


Less transfer from turr 


ipikes 


113,283.52 


Net appropriation 


$143,092.32 


For state treasury: 




Office of treasurer: 






Salary of treasurer 


$9,636.12 




Salary of deputy treasurer 


8,164.00 




Other personal services: 






Permanent 


71,064.01 




Other 


1,950.00 


$90,814.13 
23,323.00 


Current expenses 




Travel 




600.00 


Equipment 




2,115.00 


Other expenditures: 






Trust funds: 






Agricultural college fund $4,800.00 




Hamilton Smith fund 


400.00 




Benjamin Thompson 






fund 


31,895.27 


3709597 



1961] Chapter 224 339 

Expense re head tax 100.00 



Total for state treasury $154,047.40 

Less transfer from highway fund 17,429.08 



Net appropriation $136,618.32 



For industrial school: 






Administration: 






Salary of superintendent 


$8,840.00 




Salary of deputy super- 






intendent 


6,080.00 




Other personal services: 






Permanent 


16,443.86 


$31,363.86 






Current expenses 




5,435.00 


Travel 




1,100.00 


Equipment 




215.00 


Total 


$38,113.86 


Instruction: 






Personal services: 






Permanent 


$36,804.88 




Other 


3,136.80 


$39,941.68 






Current expenses 




1,630.00 


Equipment 




735.00 


Total 


42,306.68 


Custodial care:* 






Personal services: 






Permanent 


$221,280.11 




Other 


4,000.00 


$225,280.11 






Current expenses** 




63,250.00 


Equipment 




2,200.00 



Total 290,730.11 

**In this appropriation $21,760.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$21,760.00. 



340 



Chapter 224 [1961 



*Such sums as may be required for the custody of certain inmates 
shall be transferred from the emergency fund upon approval by the gov- 
ernor and council. 

Auxiliary to custodial care: 
Personal services: 

Other $3,500.16 



Current expenses 



60.00 



Travel 150-00 

Total 3,710.16 

Operation of plant: 
Personal services: 

Permanent $15,126.00 

Current expenses 36,485.00 

Equipment 5,11^.50 

Total 56.723.50 

Maintenance of plant: 
Personal services: 

Permanent $24,547.44 

Other 1,040.62 



$25,588.06 

Current expenses 12,195.00 

Equipment 964.50 



Total 38,747.56 

Agriculture: 

Personal services: 

Permanent $13,703.15 

Other 1,050.00 



$14,753.15 

Current expenses 14,880.00 

Equipment 3,700.00 



Total $13,333.15 

Less credit transfer 21,760.00 

Less estimated revenue 7,450.00 



Net appropriation 



4,123.15 



Boys' and girls' benefit fund: 

Current expenses ^,uuu.uu 

Parole: 

Personal services: «iq«70 76 

Permanent $19,870.7b 



1961] Chapter 224 341 

Current expenses 385.00 

Travel 1,900.00 

Equipment 215.00 



Total 22,370.76 



Total for industrial school $501,431.78 

Less refunds (maintenance) 8,650.00 

Net appropriation $492,781.78 



For Laconia state school: 
Administration: 

Salary of superintendent $12,562.65 

Salary of deputy super- 
intendent 11,030.59 
Other personal services: 

Permanent 50,658.21 

$74,251.45 



Current expenses 3,835.00 

Travel 1,770.00 

Equipment 2,400.00 



Total $82,256.45 

Professional care and treatment: 
Personal services: 

Permanent $607,958.41 

Other* 13,200.00 



621,158.41 

Current expenses 15,485.00 

Travel 450.00 

Equipment 3,000.00 



Total 640,093.41 

*In this appropriation $2,500.00 shall be for the services of a beau- 
tician, and this amount shall not be expended for any other purpose or 
transferred to any other appropriation. 

Custodial care: 
Personal services: 

Permanent $160,650.96 

Other 4,000.00 

$164,650.96 

Current expenses* 266,547.00 

Travel 100.00 



342 Chapter 224 [1961 

Equipment 1,535.00 



Total 432,832.96 

*In this appropriation $90,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$90,000.00. 

Operation of plant: 
Personal services: 

Permanent $43,658.76 

Other 600.00 



$44,258.76 

Current expenses* 84,000.00 

Equipment 7,500.00 



Total 135,758.76 

*In this appropriation $2,000.00 shall be for lumber used from the 
institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all lumber used even though in excess of 
$2,000.00. 

Maintenance of plant: 
Personal services: 

Permanent $27,071.81 

Current expenses* 37,000.00 

Equipment 85.00 



Total 64,156.81 

*In this appropriation $10,000.00 shall be for care of grounds, snow 
removal, etc., and the institution's farm shall receive credit for all sup- 
plies, work and services rendered even though in excess of $10,000.00. 
No part of this appropriation shall be transferred to any other appropria- 
tion or expended for any other purpose. 

Agriculture: 

Personal services: 

Permanent $51,212.63 

Other 2,900.00 

$54,112.63 



Current expenses 44,325.00 

Travel 55.00 

Equipment 7,625.00 



Total $106,117.63 



1961] Chapter 224 343 

Less credit transfers 102,000.00 

Less estimated revenue 4,500.00 



Net reduction — 382.37 

Training and education: 
Personal services: 

Permanent $159,904.73 

Other 7,576.60 

$167,481.33 



Current expenses 6,000.00 

Travel 175.00 

Equipment 6,500.00 

Total 180,156.33 



Total for Laconia state school $1,534,872.35 

Less refunds (maintenance) 15,000.00 



Net appropriation $1,519,872.35 



For prison industries: 
Personal services: 

Permanent $71,632.48 

Other 9,848.00 

$81,480.48 

Current expenses 142,520.00 

Travel 255.00 

Equipment 2,750.00 



Total $227,005.48 

Less estimated revenue and credits* 227,005.48 



Net appropriation 0.00 



*Any revenue in excess of $235,000.00 shall be available for such 
further expenditure for said purposes as the governor and council shall 
approve. 

For soldiers' home: 
State funds: 

Office of commandant: 

Salary of commandant $5,414.18 

Other personal services: 

Permanent $4,120.16 



344 Chapter 224 [1961 

Other 410.20 

4,530.36 



Total $9,944.54 

Custodial care: 
Personal services: 

Permanent $20,493.87 

Other 2,708.69 



Total 23,202.56 

Professional care and treatment: 
Personal services: 

Permanent $24,359.11 

Other 2,241.21 



Total 26,600.32 



Operation o£ plant: 
Personal services: 
Permanent 
Other 




$21,000.71 
1,000.00 


Total 




Maintenance of plant: 






Current expenses 
Federal (special) funds: 
Custodial care: 






Personal services: 
Permanent 
Other 


$6,322.36 
405.70 




Total 




$6,728.06 


Operation and maintenance: 
Current expenses 
Travel 
Knuioment 




20,135.00 
860.00 
500.00 



Other expenditures: 

Snow plowing, rubbish removal, 
laundry services, and notary 
public $885.00 

Inspection of fire protection 

system 200.00 



1,085.00 



22,000.71 
1,500.00 



Total $29,308.06 



1961] Chapter 224 345 

Less revenue and balance 29,308.06 



Net appropriation 0.00 



Total for soldiers' home $83,248.13 

Less refunds (maintenance) 1,000.00 



Net appropriation $82,248.13 



For state hospital: 
Administration: 

Salary of superintendent $14,896.00 

Salary of assistant super- 
intendent 11,610.00 

Other personal services: 

Permanent 105,499.20* 

Other 5,400.00 



$137,405.20 

Current expenses 46,000.00 

Travel 1,400.00 

Equipment 1,500.00 



Total $186,305.20 

*In this appropriation $7,350.20 shall be for the salary of one busi- 
ness administrator II and $5,195.16 shall be for the salaries of two clerk 
typists I. 

Professional care and treatment: 
Salary of director of psychiatric 

education and research $11,71 9.80 

Salary of director of correc- 
tional psychiatry 11,719.80 
Salary of director of clinical 

services 11,719.80 

Salary of director of Out- 
patient services 11,719.80 
Other personal services: 

Permanent 2,169,947.00 

Other 103,089.42 

$2,319,915.62 

Current expenses 103,000.00 

Travel 5,000.00 

Equipment 6,000.00 



Total 2,433,915.62 



346 Chapter 224 [1961 

Custodial care: 
Personal services: 

Permanent $546,535.72* 

Other 21,000.00 

$567,535.72 

Current expenses 659,490.50** 

Travel 90.50 

Equipment 13,500.00*** 



Total $1,240,616.72 

*In this appropriation $5,240.30 shall be for the salary of one dieti- 
tian III and said appropriation shall also include the salaries of two chefs 
II, four chefs I, thirty food service workers I, one food truck driver, and 
twelve laundry workers II. 

**In this appropriation $134,160.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$134,160.00. 

***In this appropriation $7,000.00 shall be for dishwashing ma- 
chines, $1,800.00 for air void food containers, and $1,200.00 for air void 
beverage containers. These sums shall not be transferred or used for any 
other purposes. 

Operation of plant: 
Personal services: 

Permanent $178,210.21 

Other 12,200.00 



$190,410.21 

Current expenses 260,000.00 

Travel 100.00 

Equipment 8,500.00 



Total 459,010.21 

Maintenance of plant: 
Personal services: 

Permanent $206,601.95 

Other 400.00 



$207,001.95 

Current expenses 67,000.00 

Equipment 1,184.00 

Total 275,185.95 



1961] 



Chapter 224 



347 



Diagnostic laboratory: 
Personal services: 

Permanent $78,691.71 

Other 1,000.00 

Current expenses 

Travel 

Equipment 

Total 

Memorial unit: 
Personal services: 

Permanent $18,456.22 

Other . 215.00 

Current expenses 

Total 

Agriculture: 

Personal services: 

Permanent $59,633.47 

Other 3,560.00 

Current expenses 

Travel 

Equipment 

Total 

Less credit transfer 

Less revenue 

Net reduction 

Total for state hospital 
Less refunds (maintenance) 

Net appropriation 

For state prison: 
Administration: 

Salary of warden $8,900.06 

Other personal services: 
Permanent 13,073.13 

Other 300.00 



$79,691.71 

2,700.00 

400.00 

2,000.00 



$18,671.22 
11.500.00 



$63,193.47 

51,000.00 

25.00 

6,000.00 

$120,218.47 

134,160.00 

3,000.00 



84,791.71 



30,171.22 



—16,941.53 

$4,693,055.10 
68,000.00 

$4,625,055.10 



$22,273.19 



:8 Chapter 224 




[1961 


Current expenses 




1,995.00 




Travel 




1,400.00 




Equipment 




150.00 




Total 




$25,818.19 


Instruction: 








Personal services: 








Permanent 






3,600.48 


Custodial care: 








Salary of deputy warden 


$6,350.24 






Other personal services: 








Permanent 


197,763.18 






Other 


24,240.00 


$228,353.42 










Current expenses* 




89,000.00 




Equipment** 




2,200.00 




Other expenditures: 








Custody of certain inmates*** 


3,000.00 





Total 322,553.42 

*In this appropriation $18,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$18,000.00. 

**In this appropriation $200.00 shall be for books and this sum shall 
not be transferred to any other appropriation or expended for any other 
purpose. 

***This appropriation shall be available for the custody of unman- 
ageable inmates in out-of-state institutions or federal penitentiaries when 
no suitable institiuion exists in New Hampshire. Any payments out of 
this appropriation shall be made with the approval of the governor and 
council. This fund may also be used for such inmates who have been 
sent to such out-of-state institutions from the Laconia state school and 
the state hospital. No part of this appropriation shall be transferred to 
any other appropriation or expended for any other purpose. 
Auxiliary to prison care and custody: 

Personal services: 

Other $6,500.00 

Current expenses 3,500.00 

Other expenditures: 

Awards — gate money 1,800.00 

Total 11,800.00 



1961] 



Chapter 224 



349 



Operation of plant: 
Personal services: 
Permanent 
Other 




$21,983.91 
275.00 




Total 




22.258.91 


Maintenance of plant: 
Current expenses 
Equipment 




$13,500.00 
1,900.00 




Total 




15,400.00 


Agriculture: 

Personal services: 
Permanent 
Other 


$10,815.48 
3,000.00 


$13,815.48 

23,498.00 

3,595.00 

1,000.00 
75.00 




Current expenses 

Equipment 

Other expenditures: 

Slaughtering, cutting and 
curing meat 

Registration fees 






Total 

Less credit transfer 

Less estimated revenue 


$41,983.48 
18,000.00 
25,000.00 




Net reduction 




—1,016.52 


Parole: 

Personal services: 
Permanent 
Other 


$23,223.70 
600.00 


$23,823.70 
1,200.00 
3,000.00 
2,083.00 




Current expenses 

Travel 

Equipment 


ice) 




Total 




30,106.70 


Total for state prison 
Less refunds (maintenan 


$430,521.18 
2,161.66 


Net appropriation 


$428,359.52 



350 Chapter 224 [1961 

For state sanatorium: 
Administration: 

Salary of superintendent $10,252.28 

Other personal services: 

Permanent 12,324.78 

Other* 1,300.00 

$23,877.06 



Current expenses 2,495.00 

Travel . 1,410.00 

Equipment 2,000.00 



Total $29,782.06 

*Of this amount the sum of $1,000.00 shall be paid to the superin- 
tendent, in addition to his regular salary, for extra work in connection 
^\'ith out-patient services. 

Professional care and treatment: 
Personal services: 
Permanent $116,392.96 

Other 7,700.00 

$124,092.96 

Current expenses 21,020.00 

Equipment 500.00 



Total 145,612.96 

Custodial care: 
Personal services: 

Permanent $64,895.89 

Other 2,950.00 



$67,845.89 

Current expenses* 37,685.00 

Equipment 1,000.00 



Total 106,530.89 

*In this appropriation $7,120.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institu- 
tion's farm shall receive credit for all products used even though in ex- 
cess of $7,120.00. 

Operation of plant: 
Personal services: 

Permanent $47,751.68 

Other 825.00 

$48,576.68 



Current expenses 24,617.00 



1961] 



Chapter 224 



351 



Equipment 

Other expenditures: 

Cutting wood for institu- 
tional buildings* 

Total 



2,600.00 



1,000.00 



76,793.68 



*This appropriation shall be for services, supplies and equipment 
used from the institution's farm for this purpose. The farm shall receive 
credit for all services, supplies and equipment used even though in excess 
of $1,000.00. 



Maintenance of plant: 
Personal services: 

Permanent 
Current expenses 
Equipment 

Total 

Agriculture: 

Personal services: 

Permanent $9,293.80 

Other 2,000.00 



Current expenses 
Equipment 

Total 

Less credit transfers 

Less estimated revenue 

Net appropriation 

Total for sanatorium 
Less refunds (maintenance) 

Net appropriation 

For University of New Hampshire: 
University of New Hampshire fund 
Extension work in counties 



$600.00 

9,000.00 

640.00 



111,293.80 
5,500.00 
2,875.00 

;19,668.80 

8,120.00 

11,005.00 



$3,927,234.11 
92,400.00 



10,240.00 



543.80 



$369,503.39 
12,900.00 

$356,603.39 



Total 



$4,019,634.11 



352 Chapter 224 [1961 

For board of education: 
Administration: 

Salary of commissioner $14,563.30 

Salary of deputy commis- 
sioner 10,492.04 

Personal services: 

Permanent 123,808.26 

Other 1,000.00 

$149,863.60 

Current expenses 15,500.00 

Travel 10,000.00 

Equipment 2,560.00 

Other expenditures: 

Revision of courses of study, curriculum 

development and other services 1,600.00 

Total $179,523.60 

Foundation aid: 

Other expenditures: 

State aid to school districts 1,600,000.00 

Unorganized districts aid: 
Other expenditures: 
- — Tuition and transportation 6,000.00 

School building construction: 
Other expenditures: 

Aid to school districts for school building construction* 949,924.12 

*These funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 

State-wide supervision: 
Other expenditures: 

Salaries and travel of superintendents, 
assistant superintendents and helping 
teachers* $615,473.20 

Superintendents' conference 2,000.00 



Total 617,473.20 

*The board of education shall receive for disbursement smns paid 
by school districts for the additional salaries of superintendents under the 
provisions of RSA 189:44. In the above appropriation $396,231.20 shall 
come from funds received under RSA 189:44 and the state's share shall 
not exceed $219,242.00. 



1961] Chapter 224 353 

Smith-Hughes: state 
Personal services: 

Permanent $6,609.69 

Current expenses 200.00 

Travel 1,000.00 



Total $7,809.69 

Smith-Hughes: federal 
Personal services: 

Permanent $6,609.69 

Current expenses 200.00 

Travel 1,100.00 

Other expenditures: 

Reimbursements for salaries and travel 

of teachers 24,595.31 



Total* $32,505.00 

Less estimated revenue* 32,505.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

George-Barden: state 
Personal services: 

Permanent $18,767.88 

Other 250.00 

$19,017.88 

Current expenses 200.00 

Travel 1,650.00 



Total 20,867.88 

George-Barden: federal 
Personal services: 

Permanent $19,011.83 

Other 250.00 

$19,261.83 



Current expenses 800.00 

Travel 1,950.00 

Other expenditures: 

Reimbursements for salaries and travel 

of teachers 112,988.17 



Total* $135,000.00 



354 Chapter 224 [1961 

Less estimated revenue* 135,000.00 



Total 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 



Vocational rehabilitation: state* 




Personal services: 




Permanent 


$12,134.89 


Current expenses 


1,000.00 


Travel 


2,000.00 


Other expenditures: 




Professional feed and medical consultants 


5,000.00 


Board, room and hospitalization 


15,000.00 


Artificial appliances, hearing aids, 




treatments 


5,000.00 


Trainee equipment 


1,000.00 


Tuition, tools and licenses, initial stock 


23,400.00 


Clients' travel 


500.00 


Educational leave — staff training 


100.00 



Total 65,134.89 

*It is directed that the full and ultimate responsibility for the sound 
administration of vocational rehabilitation rests in the person of the com- 
missioner of education. 



Dcational rehabilitation: federal 




Personal services: 




Permanent 


$20,930.23 


Current expenses 


1,724.80 


Travel 


3,449.60 


Other expenditures: 




Professional fees and medical consultants 


8,623.98 


Board, room and hospitalization 


25,871.94 


Artificial appliances, hearing aids, 




treatments 


8,623.98 


Trainee equipment 


1,724.80 


Tuition, tools and licenses, initial stock 


40,360.22 


Clients' travel 


862.40 


Retirement and social security 


1,268.37 


Educational leave — staff training 


900.00 


Total* 


$114,340.32 


Less estimated revenue* 


114,340.32 



Net appropriation 0.00 



1961] Chapter 224 355 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Oasi disability determination: federal 
Personal services: 

Permanent $28,192.62 

Current expenses 3,550.00 

Travel 1,600.00 

Other expenditures: 

Medical consultations and examinations 17,000.00 

Retirement and social security 1,708.47 

Clients' travel 1,050.00 



Total* $53,101.09 

Less estimated revenue* 53,101.09 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Education of deaf: 

Current expenses* $200,000.00 

Travel 400.00 



Total $200,400.00 

*These funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 

School lunch program: state 
Personal services: 

Permanent $14,707.72 

Current expenses 400.00 

Travel 1,200.00 



Total 16,307.72 

School lunch program: federal 
Other expenditures: 

Reimbursements to school districts for 

school lunches to children* $295,000.00 

Less estimated revenue* 295,000.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal erant. 



356 Chapter 224 [1961 

Special school milk program: federal 
Other expenditures: 

Reimbursements to school districts* $230,000.00 

Less estimated revenue* 230,000.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Area vocational schools: state 
Personal services: 

Permanent $2,840.11 

Current expenses 775.00 

Travel 950.00 

Other expenditures: 

Reimbursements to school districts 45,024.89 

49,590.00 



Total 




Practical nurse training: federal 




Personal services: 




Permanent 


$3,649.88 


Current expenses 


250.00 


Travel 


550.00 


Other expenditures: 




Reimbursements to school districts 


13,976.12 


Total* 


$18,426.00 


Less estimated revenue* 


18,426.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Veterans educational services: state 

Current expenses 590.00 

Veterans educational services: federal 

Personal services: 

Permanent $7,727.37 

Travel 1,200.00 



Total* $8,927.37 

Less estimated revenue* 8,927.37 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 



1961] Chapter 224 357 

Exeter hospital school of practical nursing: state 
Personal services: 

Permanent $10,362.42 

Other 706.68 



$11,069.10 

Current expenses 1,790.00 

Travel 187.00 

Equipment 400.00 



Total $13,446.10 

Less estimated revenue and balance 13,446.10 



Net appropriation 0.00 

Exeter hospital school of practical nursing: federal 
Personal services: 

Permanent $10,362.42 

Other 706.68 



$11,069.10 

Current expenses 1,015.00 

Travel . 187.00 

Equipment 400.00 



Total* $12,671.10 

Less estimated revenue* 12,671.10 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

N. H. Technical institute — Manchester: 
Personal services: 

Permanent $143,162.77 

Other 9,100.00 

$152,262.77 

Current expenses 54,000.00 

Travel 500.00 

Equipment 33,500.00 



Total $240,262.77 



Less estimated revenue: 

Tuition $55,000.00 

Other 23,100.00 



78,100.00 



Net appropriation 162,162.77 



358 Chapter 224 [1961 

N. H. Technical institute — Portsmouth: 
Personal services: 

Permanent $77,079.16 

Other 10,000.00 

$87,079.16 



Current expenses 33,467.00 

Travel 750.00 

Equipment 15,000.00 



Total ■ $136,296.16 

Less estimated revenue: 

Tuition $35,000.00 

Other 17,300.00 

52,300.00 



Net appropriation 83,996.16 

Keene teachers college: 
Administration: 

Salary of president $10,372.18 

Other personal services: 

Permanent** 32,584.60 

Other 2,300.00 

$45,256.78 



Current expenses 6,500.00 

Travel 1,000.00 

Equipment 1,000.00 



Total 53,756.78 

**In this appropriation $7,214.00 shall be for the salary of one busi- 
ness administrator II. 

Instruction: 

Personal services: 

Permanent $385,265.40 

Other • 71,700.00 

$456,965.40 

Current expenses 36,650.00 

Travel 6,860.00 

Equipment 15,000.00 

Other expenditures: 

Teachers retirement 4,500.00 

Library — current expenses 3,000.00 

Scholarships* 33,000.00 



1961] 



Chapter 224 



359 



Matching loan funds re national 
defense education act 

Total 



3,500.00 



559,475.40 



*It shall be a condition precedent to granting a scholarship to a per- 
son attending the teachers college that said person shall sign an agreement 
that after graduation he will teach in the state for as many years as he was 
recipient of said scholarship and that if he shall not so teach for the re- 
quired number of years he will reimburse the state for the amount of the 
scholarship aid he received. 

Custodial care: 
Personal services: 

Permanent $81,644.38 

Other . 34,850.00 

Current expenses 
Equipment 

Total 

Operation and maintenance of plant: 
Personal services: 

Permanent $45,311.18 

Other 9,200.00 



$116,494.38 

95,300.00 

4,000.00 



215,794.38 



Current expenses 
Equipment 

Total 

Amortization of investment in: 
Dormitory (Monadnock hall) 
Bonds and interest 
Book store and snack bar 

Total 

Less revenue 

Net appropriation 

Total for Keene teachers' college 

Less estimated revenue: 
Board and room 
Practice schools 
Extension courses 
Tuition 



$54,511.18 

89,175.00 

3,455.00 



147,141.18 



$21,187.50 
2,455.00 

$23,642.50 
23,642.50 



0.00 



$976,167.74 



$301,500.00 

67,000.00 

20,000.00 

198,600.00 



Chapter 224 




[1961 


Registration 
Other revenue 


$10,252.00 

33,507.76 
3,000.00 


18,050.00 
9,455.00 




Total revenue 
Deduct revenue applied 
against amortization 


$614,605.00 
23,642.50 


$590,962.50 




$46,759.76 

11,875.00 

1,000.00 

625.00 


Net appropriation 


$385,205.24 


Plymouth teachers' college 
Administration: 
Salary of president 
Other personal services: 
Permanent** 
Other 




Current expenses 

Travel 

Equipment 







Total $60,259.76 

**In this appropriation $7,264.76 shall be for the salary of one busi- 
ness administration II. 



Instruction: 






Personal services: 






Permanent 


$317,695.00 




Other 


28,500.00* 


$346,195.00 
15,445.00 


Current expenses 




Travel 




6,000.00 


Equipment 




10,000.00 


Other expenditures: 






Teachers retirement 




4,700.00 


Libraries: 






Current expenses 




2,050.00 


Books 




4,200.00 


Scholarships** 




23,000.00 


Matching loan funds 


re national 




defense education 


act 


3,000.00 



Total 414,590.00 

^In this appropriation $3,880.00 shall be for the salary of a librarian. 



1961] Chapter 224 361 

**It shall be a condition precedent to granting a scholarship to a 
person attending the teachers college that said person shall sign an agree- 
ment that after graduation he will teach in the state for as many years as 
he was recipient of said scholarship and that if he shall not so teach for 
the required number of years he will reimburse the state for the amount 
of the scholarship aid he received. 

Custodial care: 
Personal services: 

Permanent $74,535.32 

Other 23,000.00 

$97,535.32 



Current expenses 85,000.00 

Equipment 7,500.00 



Total 190,035.32 

Operation and maintenance of plant: 
Personal services: 

Permanent $53,330.71 

Other 4,000.00 

■ $57,330.71 



Current expenses 70,000.00 

Equipment 995.00 



Total 128,325.71 

Amortization of investment in: 
Men's dormitory: 

Bonds and interest $43,751.25 

Less revenue 43,751.25 



Net appropriation 0.00 



Total for Plymouth teachers' college $793,210.79 
Less estimated revenue 

Board and room $296,850.00 

Practice schools 63,000.00 

Extension courses 16,000.00 

Tuition 138,000.00 

Registrations 11,325.00 

Other revenue 3,500.00 



Total revenue $528,675.00 

Deduct revenue applied 

against amortization 43,751.25 



484,923.75 



362 Chapter 224 [1961 

Net appropriation $308,287.04 



National defense education act — title III: state 
Personal services: 

Permanent $13,093.79 

Current expenses 1,600.00 

Travel 1,500.00 

Other expenditures: 
Curriculum study and 

conferences 1,500.00 



Total $17,693.79 

National defense education act — title III: federal 
Personal services: 

Permanent $13,093.80 

Current expenses 1,600.00 

Travel 1,500.00 

Other expenditures: 
Curriculum study and 

conferences 1,500.00 

Reimbursements to school 

districts 206,457.00 



Total* $224,150.80 

Less estimated revenue* 224,150.80 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

National defense education act — title V: state 
Personal services: 

Permanent $4,184.94 

Current expenses 460.00 

Travel 475.00 



Total 5,119.94 

National defense education act — title V: federal 
Personal services: 

Permanent $4,184.93 

Current expenses 460.00 

Travel 475.00 



1961] Chapter 224 363 

Other expenditures: 

Reimbursements to school districts 42,383.07 



Total* $47,503.00 

Less estimated revenue* 47,503.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

National defense education act — title VIII: state 

Current expenses $200.00 

Travel 337.50 



Total 537.50 

National defense education act — title VIII: federal 
Current expenses $200.00 

Travel 337.50 

Other expenditures: 

Purchases in behalf of schools of 

technical training^ 31,423.50 



Total* $31,961.00 

Less estimated revenue* 31,961.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 



National defense education act - 


- title X: state 




Personal services: 






Permanent 




$5,318.17 


Current expenses 




1,100.00 


Travel 




400.00 


Equipment 




250.00 



Total $7,068.17 

National defense education act — title X: federal 
Personal services: 

Permanent $5,318.17 

Current expenses 3,628.00 

Travel 1,600.00 

Equipment 250.00 

Total* $10,796.17 



364 Chapter 224 [1961 

Less estimated revenue* 10,796.17 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Scholarships — world war orphans 

(as provided by RSA 193:19) 2,700.00 

Board of nursing education and nurse registration: 
Personal services: 

Permanent $17,528.16 

Other 600.00 

$18,128.16 



Current expenses 4,475.00 

Travel 1,025.00 

Equipment 200.00 

Other expenditures: 

Retirement and oasi 1,039.92 



Total* $24,868.08 

Less revenue and balance* 24,868.08 



Net appropriation 0.00 

*If the available balance and actual revenue is less than $24,868.08 
expenditures shall not exceed such available balance and revenue. 

Total for board of education $4,686,391.71 

Less estimated revenue 661,268.20 



Net appropriation $4,025,123.51 



In addition to the above appropriation, said department shall receive 
for disbursement any actual excess over the estimates in the income of the 
teachers colleges' facilities (dormitories, auditoriums and gymnasiums), 
tuition, practice schools, extension courses, and revenue from tuition and 
supplies received by the Manchester and Portsmouth technical institutes, 
provided, however, that said department may disburse any such excess, 
with the approval of the governor and council, only in connection with 
those services from which the excess arose. Any income in excess of 
$13,500.00 from the cafeteria at Manchester technical institute shall be 
available for further expenditure in connection with the cafeteria, and 
likewise any income in excess of $10,200.00 from the cafeteria at Ports- 
mouth technical institute shall be available for further expenditure in 
connection with the cafeteria. No nursery school program shall be al- 
lowed at either Keene or Plymouth teachers colleges, and no funds out of 



1961] Chapter 224 365 

this appropriation or any other available funds shall be used for this pur- 
pose. All helping teacher positions hereinafter established shall be only 
after a majority of the school districts in the supervisory union represent- 
ing not less than eighty-five per cent of the total pupils in the supervisory 
union have voted favorably upon the establishment of the position. No 
child under five years of age shall be eligible for education by the state 
under the program for the deaf. 

For board of fire control:* 

Salary of fire marshal $8,224.06 

Other personal services: 

Permanent 17,662.58 

$25,886.64 



Current expenses 2,483.00 

Travel - 4,625.00 

Equipment 4,867.50 



Total $37,862.14 



^Monthly progress reports shall be made by the board to the legisla- 
tive budget assistant in such form as he may require. 

For board of probation: 

Salary of director $9,020.18 

Other personal services: 

Permanent* 170,875.43 

Other** 2,000.20 

$181,895.81 



Current expenses 14,000.00 

Travel 16,600.00 

Equipment 1,422.00 



Total for probation $213,917.81 

Less refund 5,606.64 



Net appropriation $208,3 11.17 



*Notwithstanding the provisions of any other statute to the con- 
trary, the position of assistant director shall not be filled during the fiscal 
year ending June 30, 1962. 

**In this appropriation $1,800.00 shall be for the salary of a woman 
probation officer. This position is to receive a salary increase proportion- 
ate with that granted all classified employees in labor grade 16 (law 
enforcement). Funds necessary to grant this increase shall be drawn from 
the same source as all other increases so voted. 



366 



Chapter 224 



[1961 



For water resources board: 
Salary of ciiairman 
Other personal services: 
Permanent 
Other 



$9,756.18 

33,048.64 
400.00 



Current expenses 

Travel 

Equipment 

Other expenditures: 
Maintenance of dams 
Dams in disrepair (construction)** 
Stream flow gauging 

Connecticut river valley flood 
control commission: 
Per diems and expenses of 

N. H. commission $1,200.00 

State's contribution to 

commission 1,000.00 



Total 

Merrimack valley flood 
control commission: 
Per diems and expenses of 

N. H. commission 
State's contribution to 

commission 

Total 



1,000.00 
4,000.00 



Taxation re Pittsburg and Clarkesville, as pro- 
vided by RSA 481:14 (supplement) 
Survey and investigation re ground water 



$43,204.82 

2,164.50 

3,700.00 

410.00 

2,000.00 
10,000.00 
20,234.00 



$2,200.00 



resources 



5,000.00 



12.500.00 



10,000.00 



Total for water resources board 
Less transfer from highway 6,000.00 
Less transfer from Pitts- 
burg project*** 10,710.87 



Less transfer from Winni- 

pesaukee project*** 5,121.60 

Less estimated revenue 1,835.00 



111,413.32 



$23,667.47 



Net appropriation 



$87,745.85 



1961] Chapter 224 367 

**Expenditure of these funds shall be subject to approval of the 
governor and council. 

***Transf erred by vote of the directors. 
For aeronautics commission: 

Administration: 

Salary of director $8,404.18 

Other personal services: 

Permanent 18,056.22 

Other 300.00 

$26,760.40 

Current expenses 2,875.00 

Travel 2,200.00 

Equipment 1,600.00 



Total $33,435.40 

Less estimated revenue 4,250.00 

Less transfer from airways toll fund 3,239.08 



Net appropriation ■ $25,946.32 

Airways toll fund:* 

Transfer to administration $3,239.08 

Other expenditures: 

Establishment and maintenance of air 
navigation facilities on the state air- 
ways system 8,760.92 



Total $12,000.00 

Less transfer and balance 12,000.00 



Net appropriation 0.00 



Total for aeronautics commission $25,946.32 



*Expenditures shall not exceed existing balance and revenue. 
For bank commissioner: 

Salary of commissioner $12,192.00 

Salary of deputy commissioner 9,585.16 

Salary of assistant commissioner 9,210.24 
Other personal services: 

Permanent 113,944.11 

Other 6,284.00 

$151,215.51 

Current expenses 24,065.00 

Travel . 27,250.00 



368 Chapter 224 

Equipment 5,165.00 

Other expenditures: 

Retirement and oasi 7,812.43 



[1961 



Total for bank commissioner $215,507.94 

Less revenue* 203,315.94 



Net appropriation $12,192.00 



*The bank commissioner shall collect in the manner as indicated in 
section 3 of this act, from the institutions, the condition and management 
of Avhich he is required to examine and supervise under the provision of 
RSA 383:9 as the cost of such supervision and examination, a sum equal 
to the amount of the difference between the total amount appropriated 
for the bank commissioner's department and the amount designated here- 
in as the salary of the commissioner, for the fiscal year ending Jtme 30, 
1962. Any excess collected under the provisions hereof shall be used to 
reduce the amount required to be collected from the above mentioned 
institutions in the fiscal year 1963. 

For liquor commission: 

One4ialf of salaries of three 

commissioners $14,240.40 

Other personal services: 

Permanent 87,914.73 

Other 3,950.00 

$106,105.13 

Current expenses 30,000.00 

Travel 2,900.00 

Equipment 1,295.00 

Other expenditures: 

Retirement 3,150.00 

Oasi 2,825.00 



Total $146,275.13 

Beer administration: 

One-half salaries of three 

commissioners $14,240.40 



Other personal services: 

Permanent 88,637.41 

Other 2,425.00 



$105,302.81 



1961] 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Retirement 
Oasi 

Total 

Liquor entorcement: 
Personal services: 
Permanent 
Other 

Current expenses 
Travel 

Other expenditures: 
Retirement 
Oasi 

Total 

Stores operation: 
Personal services: 

Permanent $751,829.59 

Other 60,000.00 

$811,829.59 

Current expenses 313,300.00 

Travel 11,000.00 

Equipment 12,500.00 

Other expenditures: 

Retirement 23,500.00 

Oasi 24,600.00 



Chapter 224 


13,000.00 

22,000.00 

1,295.00 

3,200.00 
2,900.00 


369 






$147,697.81 


$28,970.50 
100.00 


$29,070.50 

200.00 

7,500.00 










925.00 
850.00 








$38,545.50 



Total . $1,196,729.59 

Warehouse: 

Personal services: 

Permanent $86,502.61 

Other 5,500.00 

$92,002.61 

Current expenses 10,335.00 

Equipment 5,150.00 

Other expenditures: 

Retirement 2,700.00 



370 



Chapter 224 



[1961 



Oasi 



2,800.00 



Total 

Total for liquor commission 
Less revenue 

Net appropriation 

For planning and development commission: 
Salary of executive directorf $9,947.20 

Other personal services: 

Permanent 159,019.91 

Other 12,307.28 



112,987.61 

$1,642,235.64 
1,642,235.64 

0.00 



Current expenses 




$181,274.39 
168,350.00 




Travel 




16,000.00 




Equipment 




1,742.50 




Other expenditures: 








Regional associations* 




27,000.00 




Eastern states exposition 




8,000.00 




Montreal office 




10,000.00 




New York office 




10,000.00 




Economic growth survey 




3,500.00 




Promotion, planning and 


[ advertising*** 


75,000.00 




Total 




500,866.89 


Geology booklets 




$1,500.00 




Less revenue and ba' 


lanceff 


1,500.00 




Net appropriation 




0.00 


Vacation bulletin 




$1,000.00 




Less revenue and bs 


ilancefff 


1,000.00 





Net appropriation 

Port authority: 
Personal services: 
Permanent^ 
Other 

Harbor masters 



9,657.18 
3,500.00 



0.00 



13,157.18 



1961] Chapter 224 371 

Other expenditures: 

Expenses of the authority 5,342.82 



Total $18,500.00 

Urban planning assistance: 
Personal services: 

Other $52,000.00 

Current expenses 5,000.00 

Travel 5,000.00 

Other expenditures: 

Planning assistance 2,000.00 



Total $64,000.00 

Less revenue** 62,000.00 



Net appropriation $2,000.00 



Total for planning and development commission $521,366.89 



•j-No amount shall be paid to an executive director of the planning 
and development commission during the biennium ending June 30, 1963, 
unless said executive director has been appointed to such position by the 
governor with the approval of the council from among those nominated 
by the commission, 

*This appropriation shall be administered by the state planning and 
development commission for the aid of the regional development associa- 
tions. Not more than $4,500.00 may be allotted by the commission to any 
one regional association whose bounds, form of organization and program 
shall have first been approved by the commission. Any unexpended por- 
tion of this appropriation shall not be transferred to any other state ap- 
propriation, but shall lapse. 

ffAny revenue and balance in excess of $1,500.00 shall be available 
for such further expenditure for said purposes as the governor shall ap- 
prove. 

j-ffAny revenue and balance in excess of $1,000.00 shall be available 
for such further expenditure for said purposes as the governor shall 
approve. 

**Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. The state's share in the above appropriation shall 
not exceed $2,000.00. 

***No expenditure shall be made from this appropriation without 
prior approval by the governor and council. 



372 



Chapter 224 



[1961 



^Included in this amount is $6,910.02 for one Senior industrial agent, 
and $2,747.16 for one clerk stenographer II. 

For public utilities commission: 
Office of the commission: 
Salaries of three commis- 



sioners 


$32,844.24 




Other personal services 






Permanent 


75,061.45 




Other 


1,475.00 


$109,380.69 






Current expenses 




5,690.00 


Travel 




2,500.00 


Equipment 




140.00 


Total 


$117,710.69 


Motor carriers: 






Personal services 






Permanent 




6,665.12 


Current expenses 




1,100.00 


Travel 




1,000.00 


Equipment 




75.00 


Other expenditures: 






Retirement and oasi 




470.00 



Total* 

Less revenue and balance* 

Net appropriation 



9,310.12 
9,310.12 



0.00 



*Expenditures in this appropriation shall not exceed revenues and 
balance. Any revenue actually received and balance in excess of $9,310.12 
shall be available for such further expenditure as provided by statute and 
approved by the governor and council. 



Motor boat registration: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Retirement and oasi 



$35,907.91 
50,000.00 



$85,907.91 

45,000.00 

32,200.00 

6,000.00 

5,400.00 



1961] 



Chapter 224 



373 



Total* 

Less revenue and balance* 



174,507.91 
174,507.91 



Net appropriation 0.00 

*Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $174,507.- 
91 shall be available for such further expenditure as provided by statute 
and approved by governor and council. 

Total for public utilities commission $117,710.69 



For racing commission: 
Thoroughbred racing: 

Salary of three commissioners $6,000.51 



Other personal services: 
Permanent 
Other* 


19,629.84 
28,950.00 


$54,580.35 

4,495.00 

4,000.00 

75.00 




Current expenses 

Travel 

Equipment 






Total 

Less revenue 


$63,150.35 
63,150.35 




Net appropriation 




0.00 


Harness racing: 
Personal services: 
Permanent 
Other* 


$8,672.26 
75,460.00 


$84,132.26 

4,365.00 

12,803.00 

1,450.00 




Current expenses 

Travel 

Equipment 


lission 




Total 

Less revenue 


$102,750.26 
102,750.26 




Net appropriation 
Total for racing comn 




0.00 
0.00 



*Such portion of this amount as constitutes the compensation of the 
official steward or associate judge of this state racing commission shall 
be reimbursed to the state by the person, association, or corporation con- 
ductingr the race or meet. 



374 Chapter 224 [1961 

For tax commission: 
Office of commission: 

Salaries of two commissioners $17,774.71 
Salary of secretary 11,048.18 

Other personal services: 

Permanent 58,979.30 

Other* 40,073.45 

$127,875.64 



Current expenses 12,000.00 

Travel 23,700.00 

Equipment 7,800.00 



Total $171,375.64 

Less estimated revenue 45,677.06 



Net appropriation $125,698.58 

*In this appropriation $27,176.68 shall be for the salaries of six tem- 
porary property appraisers II; $7,400.38 shall be for the salaries of two 
temporary property appraisers I; $4,177.80 shall be for the salary of one 
temporary personal property appraiser; and $1,318.59 shall be for one- 
half the salary of one clerk typist II. 

Municipal accounting: 
Personal services: 

Permanent $56,804.06 

Other 2,068.59 

$58,872.65 

Current expenses 1,550.00 

Travel 5,850.00 



Total $66,272.65 

Less estimated revenue 30,000.00 



Net appropriation 36,272.65 

Intangible tax: 
Personal services: 

Permanent $18,776.26 

Current expenses 2,875.00 

Travel 350.00 

Equipment 840.00 

Other expenditures: 

Retirement and oasi 1,127.68 

Total $23,968.94 



1961] Chapter 224 

Less estimated revenue 
Net appropriation 



Total 



23,968.94 



Utilities tax: 

Personal services: 

Permanent 
Current expenses 


$17,952.64 
6,000.00 


$3,239.08 
100.00 


Total 

Less estimated revenue 


$3,339.08 
3,339.08 


Net appropriation 

Inheritance tax: 
Personal services: 
Permanent 
Other 


$23,952.64 

2,220.00 

100.00 

410.00 


Current expenses 

Travel 

Equipment 


$28,471.93 
400.00 


Total 

Tobacco products tax: 
Personal services: 
Permanent 
Other 


$28,871.93 

11,000.00 

5,400.00 

2,520.00 


Current expenses 

Travel 

Equipment 





375 



0.00 



0.00 



26,682.64 



47,791.93 



Reimbursements to cities and towns for flood control purposes 

as provided under RSA 122* 67,000.00 

*No part of this amount shall be transferred to any other appropria- 
tion. If this appropriation shall be insufficient to fulfill the requirements 
of RSA 122:4 relative to reimbursements to cities and towns, the tax com- 
mission may use so much as may be necessary of the funds received from 
the commonwealth of Massachusetts imder RSA 487-A: 1 (supplement) as 
reimbrsement to the state of New Hampshire under article V of the Mer- 
rimack river flood control compact. 

Forest conservation aid for purposes provided under RSA 79 (supplement) 
Forest conservation aid $41,500.00 



376 Chapter 224 [1961 

Special aid for heavily timbered towns 13,500.00 



Total 55,000.00 

Total for tax commission $358,445.80 



For ^vater pollution commission: 
State funds: 

Personal services: 

Permanent $67,794.42 

Other 3,937.50 

$71,731.92 

Current expenses 7,500.00 

Travel 9,200.00 

Equipment 1,000.00 



Total $89,431.92 

Federal funds: 
Personal services: 

Permanent $12,250.52 

Other 3,000.00 

$15,250.52 

Cmrent expenses 2,000.00 

Travel 2,300.00 

Equipment 1,500.00 



Total* $21,050.52 

Less estimated revenue and balance* 21,050.52 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate, such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

New England interstate water pollution commission: 
Personal services: 

Other $1,000.00 

Current expenses 1,150.00 

Travel 1,300.00 



Total $3,450.00 

State aid to municipalities 143,000.00** 



Total for water pollution commission $235,881.92 



1961] Chapter 224 377 

**No part of this appropriation shall be expended directly or in- 
directly tor any anti-pollution or sewage disposal project that will ad- 
versely affect or infringe upon any federal, state, municipal or private 
property now designated or used for a public park or public reser\iition 
area or a state fish and game preserve or an accepted historical site as 
designated by the State Historical Commission, except in special circum- 
stances of necessity with the approval of the governor and council. 

For civil defense: 
Personal services: 

Permanent $25,241.29 

CiuTent expenses 5,700.00 

Travel 750.00 

Other expenditures: 

Training^ at federal schools 1,000.00 



Total $32,691.29 

Field staff: 

Current expenses $300.00 

Travel . 3,000.00 



Total 3,300.00 



For employees retirement system: 
Personal services: 



Permanent 
Other 


for gene 
avenue 


$18,860.42 
4,514.00 


$23,374.42 

1,627.40 

365.00 

400.00 

218,380.00 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Normal contribution 
employees 


ral 


Total 

Less estimated r( 


$244,146.82 
10,400.00 



Total for civil defense $35,991.29 



For civil air patrol — current expenses $10,500.00 



Net appropriation $233,746.82 



378 Chapter 224 

For firemen's retirement system 

For policemen's retirement system 

For teachers' retirement system: 
Personal services: 

Permanent $18,304.72 

Other 4,350.00 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Normal contribution 

Total for teachers' retirement system 

For mental hygiene and child guidance clinics: 
State funds: 

Salary of director $10,372.18 

Other personal services: 

Permanent 46,681.97 
(3ther 1,500.00 

Current expenses 
Travel 

Other expenditures: 

Consultants and grants-in-aid to 
communities* 

Total 



$22,654.72 

2,105.00 

1,010.00 

125.00 



363,427.99 



$58,554.15 
5,000.00 
1,300.00 



20,000.00 



[1961 
$68,000.00 

$59,000.00 



$389,322.71 



$84,854.15 



*No part of this amount shall be transferred to any other appropria- 
tion or expended for any other purpose. 



Federal funds: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 



$19,652.67 
4,072.33 



$23,725.00 

800.00 

1,000.00 

600.00 



1961] 



] Cha 

Other expenditures: 

Merit system 
Retirement and oasi 
Grants to communities for 

professional services 
Consultants 


PTER 224 

and child gii 


175.00 
1,200.00 

3,300.00 
9,200.00 


379 


Total* 

Less estimated revenue* 


40,000.00 
40,000.00 




Net appropriation 


lidance clinics 


0.00 


Total for mental hygiene 


$84,854.15 



*This amount available for expenditure only if funds are available 
as a federal grant. 

For public ^vorks division of 

department of public works and higliAvays: 
Personal services: 

Permanent 
Current expenses 
Travel 



Other expenditures: 

Consultants, temporary, part time 
Administrative cost to dept. of 
public works and highways 

Total 

Less estimated credits 



$66,050.96 
14,600.00 
15,000.00 

40,000.00 

5,000.00 

$140,650.96 
76,000.00 



Net appropriation 

For fish and game department: 
Commission 

Current expenses 
Travel 

Total 

Administration: 
Salary of director 
Other personal services 
Permanent 
Other 



$64,650.96 



$10,372.18 

44,173.82 
1,500.00 



$50.00 
2,000.00 



$2,050.00 



$56,046.00 



380 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Employees' retirement 
Oasi 


Chapter 224 

$221,718.12 
8,975.30 


36,000.41 

1,250.00 

538.00 

22,750.00 
23,475.00 


[1961 


Total 

Conservation officers: 
Personal services: 
Permanent 
Other 


$230,693.42 
25,000.00 
80,000.00 
10,000.00 


140,059.41 


Cmrent expenses* 

Travel 

Equipment 








Total 




345,693.42 



*No charge against this appropriation, or any other appropriation 
of the fish and game department, shall be made for telephone service for 
conservation officers, except for toll service. 

Bounties: 

Other expenditures: 

Bobcat bounties 8,000.00 



Damage: 

Personal services: 
Permanent 
Other 


$5,059.86 
3,375.00 


$8,434.86 

5,000.00 

300.00 

1,600.00 


Current expenses 

Travel 

Equipment 




Other expenditures: 

Grants — damage by game 




7,000.00 


Total 




Education: 

Personal services: 
Permanent 
Other 


$17,409.86 
500.00 


$17,909.86 

12,000.00 

3,100.00 

1,965.00 


Current expenses 

Travel 

Equipment 





22,334.86 



1961] Chapter 224 381 

Other expenditures: 

Shows 3,000.00 



Total 37,974.86 

Propagation of fish: 
Personal services: 

Permanent $231,181.94 

Other 3,000.00 



$234,181.94 

Current expenses 113,825.00 

Travel 9,350.00 

Equipment 9,000.00 

Other expenditures: 

Nutrition project — U. N. H. 2,000.00 



Total 368,356.94 

Propagation of game: 
Personal services: 

Permanent $16,373.12 

Other 1,000.00 

$17,373.12 

Current expenses 16,000.00 

Travel 325.00 

Equipment 1,080.00 



Total 34,778.12 

Management and research: 
Personal services: 

Permanent $120,566.84 

Other 8,178.28 

$128,745.12 



Current expenses 41,560.00 

Travel 8,975.00 

Equipment 12,900.00 

Other expenditures: 

U. N. H. contract 10,000.00 

Dams 3,000.00 



Total 205,180.12 

Maintenance and construction: 
Personal services: 

Permanent $58,077.45 

Other 7,000.00 

$65,077.45 



382 Chapter 224 [1961 

Current expense 38,750.00 

Travel 4,800.00 

Equipment 7,755.00 

Other expenditures: 

Dams 10,000.00 

Land acquisition, pond access 

and improvement 8,000.00 

Fish ladders and barriers. 

Newfound lake — dam 5,000.00 



Total 139,382.45 



Total for fish and game department $1,303,810.18 

Less revenue and balance 1,303,810.18 



Net appropriation 0.00 



In addition to the above appropriation, the fish and game depart- 
ment may receive for disbursement any unexpended balances from previ- 
ous years. Such balances shall be expended under the direction of the 
fish and game commission with the approval of the governor and council. 
Any sums actually received as revenue in excess of the estimated amount 
hereunder may also be expended imder the direction of the fish and game 
commission with the approval of the governor and council. 

For public works and highways: 
Administration: 

Salary of commissioner $12,956.06 

Salary of deputy commissioner 11,108.24 
Salary of assistant commissioner 11,288.16 

Other personal services: 

Permanent 215,473.24 

Other 4,300.00 

$255,125.70 

Current expenses 82,407.00 

Travel 3,000.00 

Equipment 4,000.00 

Total $344,532.70 

Engineering: 

Personal services: 

Permanent $2,239,444.73 

Other: 

Consultants 450,000.00 



1961] 



Chapter 224 



383 



Temporary services 

Current expenses 

Travel 

Equipment 

Total 

Materials and research: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Mechanical: 

Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Planning and economics: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Road maintenance: 
Personal services: 
Permanent 
Other 

Current expenses 
Travel 



250,000.00 



$196,721.09 
16,000.00 



$331,355.17 
11,508.00 



2,939,444.73 

154,921.00 

189,838.34 

15,000.00 



$117,300.81 
9,500.00 



$2,492,223.52 
250,000.00 



$212,721.09 

28,000.00 

30,000.00 

1,500.00 



3,299,204.07 



272,221.09 



$342,863.17 

675,000.00 

4,000.00 

503,964.01 



$1,525,827.18 



$126,800.81 

15,000.00 

5,700.00 

8,960.00 



156,460.81 



2,742,223.52 

4!575!oOO.OO 

85,000.00 



384 



Chapter 224 



[1961 



Equipment 175,000.00 

Total 

Bridge maintenance: 

Personal services: 

Permanent and other $189,438.27 

Current expenses 125,000.00 

Travel 42,000.00 

Equipment 12,050.00 

Total 

Traffic (highway marking and roadside development): 
Personal services: 

Permanent $210,234.99 

Other 20,998.40 

$231,233.39 

Current expenses 237,513.70 

Travel 57,281.00 

Equipment 3,725.00 

Total 

Legislative specials: 

Retirement $175,400.00 

Oasi 191,650.00 

Maintenance class V highways 205,000.00 

Claims 1,500.00 

Roads to public waters 10,000.00 

Accidents and compensation 48,000.00 

Special retirement 2,064.00 

Attorney general — for legal service 28,565.00 

State police 786,278.51 

State treasury — for services 17,429.08 

W^ater resources — stream flow gauging 6,000.00 



7,577,223.52 



368,488.27 



529,753.09 



Total 

Debt service 

Lands and buildings 

Construction and reconstruction: 
Matching funds (federal aid): 
Interstate 
Primary 
Secondary 
Urban 



;13,750,000.00 
4,450,000.00 
3,000,000.00 
1,147,519.00 



1,471,886.59 

3,640,320.00 
175,000.00 



1961] Chapter 224 385 

Total — matching funds* $22,347,519.00 

*No transfers shall be made from this appropriation. 

State funds: 

Trunk line reconstruction • $100,000.00 

State aid reconstruction 50,000.00 

State aid construction 100,000.00 

Town road aid 1,300,000.00 

Betterments 1,250,000.00 

State aid bridge construction 275,000.00 

Town road bridge 50,000.00 

Federal lands 100,000.00 

Damage 50,000.00 



Total for construction and reconstruction 25,622,519.00 

Contingent fund — for construction, reconstruction and 
maintenance. Upon request of the commissioner, and 
subject to approval by the governor and council, trans- 
fers from this appropriation may be made to such other 
operating accounts as are required to carry out the con- 
struction, reconstruction and maintenance programs. 
For the foregoing purposes the commisisoner, subject 
to governor and council approval, may create such new 
permanent engineering positions as may be necessary. 
Of this total appropriation of $1,250,000.00, $750,000.- 
00 shall be used only for the purpose of implementing 
the salary increases as passed by the 1961 session of the 
legislature. 1,250,000.00 



Total for public works and highways $46,233,436.32 

Less estimated revenue and balance: 

Balance of available funds $1,291,105.32 

Gasoline road toll (net) 14,375,000.00 

Motor vehicle fees (net) 6,695,322.00 

Federal aid funds (net) 16,916,009.00 

Mechanical division (garage) 1,830,000.00 

Other revenue 126,000.00 

Funds from issuance of bonds 5,000,000.00 



Total 46,233,436.32 



Net appropriation 0.00 



386 Chapter 224 [1961 

For eastern Ne^v Hampshire turnpike: 

Blue star memorial highway (Seabrook-Portsmouth toll road): 
Operating: 

Personal services:' 

Permanent $61,712.66 

Other 43,665.60 



$105,378.26 

Current expenses 80,722.15 

Travel 4,000.00 

Equipment 970.00 



Total $191,070.41 

Maintenance: 

Personal services: 

Permanent $47,430.84 

Other 4,149.60 



$51,580.44 

Current expenses 65,132.80 

Travel 800.00 

Equipment 8,000.00 



Total 125,513.24 

Debt service: 

Bonds maturing $260,000.00 

Interest on bonds 79,200.00 



Total 339,200.00* 



Total for blue star memorial highway *655,783.65 

Less estimated revenue** $1,241,827.44 

Transfer to Spaulding turnpike to 

cover authorized expenditures 586,043.79 

655,783.65 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
high^vay fund as provided by RSA 256:8. 

**Notwithstanding any other provision of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the 
governor and council shall approve. 



1961] Chapter 224 387 

Spauldiiig turnpike: 
Operating: 
Personal services: 

Permanent $62,707.92 

Other 16,728.96 

$79,436.88 

Current expenses 75,000.85 

Travel 4,000.00 

Equipment 970.00 



Total $159,407.73 

Maintenance: 

Personal services: 

Permanent $48,658.22 

Other 6,916.00 

$55,574.22 

Current expenses 70,000.84 

Travel 950.00 

Equipment 9,300.00 



Total 135,825.06 

Debt service: 

Bonds maturing $340,000.00 

Interest on bonds 312,925.00 



Total debt service 652,925.00* 



Total for Spaulding turnpike $948,157.79 

Less estimated revenue** $362,114.00 

Transfer from blue star memorial 

highway 586,043.79 

948,157.79 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
highway fund as provided by RSA 256:8. 

**Notwithstanding any other provisions of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the 
governor and council shall approve. 



388 Chapter 224 [1961 

I Note: Any funds transferred or paid to the state police from the 
eastern and central turnpikes shall be from the appropriations made for 
said turnpikes. 

For central New Hampshire turnpike: 
Operation: 

Personal services: 

Permanent $80,812.52 

Other 14,528.64 



$95,341.16 

Current expenses 109,000.80 

Travel 3,500.00 

Equipment 2,070.00 



Total $209,911.96 

Maintenance: 

Personal services: 

Permanent $96,959.04 

Other 8,299.20 



$105,258.24 

Current expenses 257,114.72 

Travel 6,100.00 

Equipment 4,750.00 



~ Total 373,222.96 

Debt service: 

Bonds maturing $390,000.00 

Interest on bonds 396,255.00 



Total 786,225.00* 



Total for central New Hampshire turnpike $1,369,359.92 

Less estimated revenue** 1,369,359.92 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
highway fund as provided by RSA 257:7. 

**Notwithstanding any other provisions of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the gov- 
ernor and council shall approve. 



1961] Chapter 224 389 

I Note: Any funds transferred or paid to the state police from the 
eastern and central turnpikes shall be from the appropriations made for 
said turnpikes. 

For Neil R. Under-^vood bridge: 
Operation and maintenance: 
Personal services: 

Permanent $17,720.02 

Temporary 22,584.80 

$40,304.82 



Current expenses 12,778.05 

Travel 1,200.00 

Equipment 950.00 

Other expenditures: 

Painting, underwater inspection of piers, 
and inspection and repairs of draw 
and gates 2,000.00 



Total $57,232.87 

Debt service: 

Bonds maturing ■ $45,000.00 

Interest on bonds 5,355.00 



Total 50,355.00 



Total for Neil R. Underwood bridge $107,587.87 

Less estimated revenue* 105,587.87 



Net appropriation 0.00 



*Notwithstanding any other provision of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess of 
this amount shall be available for such further expenditures as the gov- 
ernor and council shall approve. 

Total net appropriation for the fiscal year ending 
June 30, 1962 24,838,856.47 

224:2. Appropriations Committee and Senate Finance Committee 
Authority Continued. The committee on appropriations of the House 
of Representatives and the Finance Committee of the Honorable Senate 
at the 1961 session shall continue to function with their full powers and 
duties until the last Wednesday of December 1962. Said committees and 
any subcommittees appointed by them shall meet at the call of the re- 
spective chairmen thereof at such times and places as he shall designate. 

224:3. Procedure for collections from banking institutions. The 

bank commissioner in making the collections for the cost of examination 



390 Chapter 224 [1961 

and supervision from the institutions, the condition and management of 
which he is required to examine and supervise under RSA 383:9 shall 
follo-^v the following procedure: 

I. The bank commissioner shall collect from each institution as 
the cost of examination a per diem salary charge computed as the average 
daily rate of all examining personnel for the number of man days devoted 
to the examination of each institution. No institution shall pay less than 
one per diem. Each institution shall pay its cost of examination to the 
state within thirty days after receipt by it of notice of such cost. 

II. The balance of the sum to be collected by the bank commis- 
sioner remaining after crediting the amounts collected under paragraph 
I shall be collected in the following manner: Each institution required 
to be examined under the provisions of RSA 383:9 shall pay to the state 
within thirty days after receipt by it of notice of assessment such propor- 
tion of said balance so collectible as its assets bear to the total assets of 
all such institutions as shown by their reports to the bank commissioner 
as of the thirtieth day of June preceding such payments. 

224:4. Bond Issue Authorized. To provide funds for the purpose 
of construction and reconstruction of highways, the state treasurer is 
hereby authorized, under the direction of the governor and council, to 
borrow upon the credit of the state in a sum not exceeding five million 
dollars, and for that purpose may issue bonds or notes in the name and 
on behalf of the state. Such bonds shall be deemed a pledge of the faith 
and credit of the state. The interest and principal due on bonds or notes 
issued under this act shall be paid from motor vehicle road tolls as pro- 
vided in RSA 265:6. Monies received from the bond issue are to be ex- 
pended under the direction of the commissioner of public -^v'orks and 
highways. 

224:5. Form; Proceeds of Sale. The governor and council shall de- 
termine the form of such bonds or notes, their rate of interest, the dates 
■^\4ren interest shall be paid, the dates of maturity, the places where princi- 
pal and interest shall be paid, and the time or times of issue. Such bonds 
or notes shall be signed by the state treasurer and countersigned by the 
governor. The state treasurer may sell such bonds or notes under the 
direction of the governor and council. The governor is authorized to 
draw his warrants for the sum hereinbefore appropriated for the purposes 
of this act out of the proceeds of the sale of said bonds or notes. 

224:6. Accounts. The secretary of state shall keep an account of 
all such bonds or notes showing the number and amount of each, the 
time of countersigning, the time when payable, and the date of delivery 
to the state treasurer. The state treasurer shall keep an account of each 
bond or note showing the number and amount thereof, the name of the 
person to whom sold, the amount received for the same, the date of sale, 
and the time when payable. 



1961] Chapter 224 391 

224:7. Short term Notes. Prior to the issuance of the bonds here- 
under, and in anticipation of the collection of revenue hereunder, the 
state treasurer, under the direction of the governor and council, may 
for the purposes hereof borrow money from time to time on short-term 
notes, to be refunded by the issuance of the bonds hereunder. Provided, 
however, that at no time shall the indebtedness of the state on such short- 
term notes exceed the sum of five million dollars. 

224:8. Continuing Appropriation. The monies provided in section 
3 hereof shall be a continuing appropriation and shall not lapse. 

224:9. Rights of Employees Whose Positions are Abolished. Not- 
withstanding the provisions of any other statute, classified state employees 
with fifteen or more years of state service whose positions are abolished 
as a result of this act may elect to leave their accrued contributions in 
the employees retirement fund, and in such event be entitled to all em- 
ployee retirement benefits upon reaching retirement age based upon 
the actual proportion of time worked provided that they are members 
of the employees retirement system as of the effective date of this act. 

224:10. Employment Preferences. Any permanent classified em- 
ployee whose position in state service is abolished as a result of this act 
shall be given absolute employment preference to positions for which 
he is qualified during a one year period following the abolition of his 
position. Should such employee so certified by the department of per- 
sonnel not be acceptable to the appointing authority, exceptions to this 
provision may be made only after reasonable cause is given the director 
of personnel with a copy of said reasons furnished the employee. Em- 
ployees so wishing may appeal such action to the personnel commission. 

224:11. Notices Required. Appointing authorities in those depart- 
ments and institutions having permanent positions that have been abol- 
ished as a result of this act shall give written notice to the employees 
affected within five calendar days of the effective date of this act. Em- 
ployees to be laid off may exercise bumping privileges over employees 
having less seniority in accordance with the rules of the personnel com- 
mission provided, however, that final determination of these employees 
to be displaced shall be made not later than nineteen calendar days after 
the effective date of this act. Employees who are to be ultimately laid off 
may remain on the payroll for not longer than sixty calendar days after 
the effective date of this act unless they elect to terminate their services 
with the respective state agency in which they are employed. 

224:12. In addition to any sum hereinabove appropriated for the 
office of the secretary of state there is hereby appropriated $5,200.00 for 
the employment of Benjamin F. Greer, clerk of the senate, during the 
period from July 10, 1961 to July 1, 1962 at the rate of $200.00 bi-weekly. 
The services of said Benjamin F. Greer shall be available to interim 
legislative committees and. to the secretary of state's department. The 



392 Chapter 225 [1961 

sum hereby appropriated shall be a charge on the legislative appropria- 
tion. 

224:13. Teachers Colleges. There is hereby appropriated in addi- 
tion to any sum hereinabove appropriated for the board of education for 
the purposes of instruction at Keene and Plymouth teachers colleges and 
the two New Hampshire technical institutes the sum of $25,000.00. 

Included in this appropriation is the amount of $8,600 for Plymouth 
Teachers College, $11,000 for Keene Teachers College, $3,600 for the 
Manchester Technical Institute, and $1,800 for the Portsmouth Tech- 
nical Institute to provide temporary salary adjustments for classified 
faculty personnel. Such personnel will receive a temporary increase of 
$200 above their classified salary grade commencing September 1, 1961 
and ending June 30, 1963. Excluded from this section will be any em- 
ployee whose position does not entail full time teaching responsibilities 
or the supervision of teaching or student personnel. 

224:14. Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved June 30, 1961.] 
[Effective date July 1, 1961.] 



CHAPTER 225. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DEPART- 
MENTS OF THE STATE FOR THE YEAR ENDING JUNE 30, 1963. 

Be it Enacted by the Senate and House of Representatives in General 

Court convened: 

225:1. Appropriations: The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the state for the purposes specified 
for the departments herein named, for the fiscal year ending June 30, 
1963, to wit: A continuing appropriation which shall not lapse, shall not 
be transferred to any department, institution or account, and which shall 
be for the expenses of the legislature, including $52,500.00 for the office 
of legislative budget assistant to the appropriations and finance com- 
mittees, and $8,000.00 for the office of research analyst to the senate 
finance committee, as follows: (Salary of legislative budget assistant 
$11,300.00, other personal services $35,950.00, other expenditures 
$5,250.00*) (Salary of research analyst to senate finance committee 
$7,500.00, other expenditures $500.00) 

$345,000.00 

Legislative council 2,500.00 

Council of state governments 2,500.00 



Total for legislative branch $350,000.00 



1961] Chapter 225 393 

*In this appropriation $3,000.00, or so much as necessary, shall be 
expended by the legislative budget assistant for an audit of the state 
treasury. The legislative budget assistant shall designate a certified public 
accountant, not employed in state service, to make the annual audit of 
the state treasury and said legislative budget assistant may accept the 
hndings and report of said certified public accountant as fulfilling the 
provisions of paragraph II, section 31, chapter 14, RSA, whereby the said 
legislative budget assistant is required to audit the accounts of the state 
treasurer. 

For executive branch: 
Office of governor: 

Salary of governor $15,500.00 



Other personal services: 

Other* 35,000.00 



$50,500.00 



Current expenses 5,950.00 

Travel 1,200.00 

Equipment 750.00 



Total ' $58,400.00 

Contingent fund 7,500.00 

Special citations to state employees 300.00 

Governor's special fund** 10,000.00 
Governor's legal counsel 6,500.00 
Secretary for legal counsel 1,560.00 

8,060.00 



Total for governor's office $84,260.00 

Executive council: 
Personal services: 

Other — per diem $13,500.00 

Secretary to governor's council 2,500.00 

Current expenses 300.00 

Travel 3,200.00 



Total for executive council $19,500.00 

Emergency fund 75,000.00 



Total for executive branch $178,760.00 



*Salaries paid out of this appropriation shall be at levels set by the 
governor. 

**The funds appropriated under this item are to be spent by the 
governor in his own and sole discretion for state purposes, including but 
not limited to participation in the activities of the United State's Gov- 



394 Chapter 225 [1961 

ernors Conference, the Ne^v England Conference of Governors, and the 
council of state governments, for which monies are not otherwise appro- 
priated. 

For judicial branch: 
For supreme court: 

Salaries of justices $76,312.00 

Salary of clerk-reporter 9,766.00 

Salary of supreme court 

assistant 5,140.28 

Other personal services: 

Other 1,760.00 

$92,978.28 

Current expenses 3,655.00 

Travel 2,775.00 

Equipment 75.00 

Other expenditures: 

N. H. supreme court reports 5,500.00 



Total $104,983.28 

Less estimated revenue 650.00 



Net appropriation $104,333.28 

For superior court: 

Salaries of judges $105,861.60 

Current expenses 6,000.00 

Travel 13,000.00 



Total $124,861.60 

For judicial council 6,950.00f 

fin this appropriation $4,600.00 shall be for the salary of the secre- 
tary. 

For probate court: 

Salaries of judges $34,978.1 1 

Salaries of registers 31,014.40 

Salaries of deputies 33,133.09 



Total 99,125.60 

For administrative committees: 

Administrative committee for municipal courts $2,500.00 
Administrative committee for probate courts 750.00 



1961] Chapter 225 

Total 
Total for judicial branch 

For adjutant general's department: 
Central administrative office: 

Salary of adjutant general $10,192.00 



395 

3,250.00 

$338,520.48 



Other personal services: 
Permanent 

Current expenses 
Other expenditures: 



26,422.60 



$36,614.60 
6,310.00 



State flags 


$85,411.12 
3,566.00 


180.00 




Total 

National guard: 
Personal services: 

Permanent 
Current expenses 
Travel 

Other expenditures: 
Social security 


$33,059.61 

14,275.00 

1,300.00 

300.00 


$43,104.60 


Total 

Armories: 

Personal services: 
Permanent 
Other 


$88,977.12 
96,100.00 


48,934.61 


Current expenses 


range: 




Total 

National guard rifle and pistol 
Personal services: 

Permanent 
Current expenses 


$3,662.36 
850.00 


185,077.12 



Total 

Officers' uniform allowance: 

Current expenses 
State military reservation. Concord: 

Current expenses 



4,512.36 



9,000.00 



$29,925.00 



396 



Chapter 225 



[1961 



Travel 



200.00 



Total 

State military reservation, Concord: 
Photostatic division: 
Personal services: 

Permanent $3,299.14 

Current expenses 650.00 

Total 

State military reservation, Grenier air force base, 
Manchester: 
Personal services: 

Permanent $9,925.08 

Current expenses 26,000.00 

Travel 300.00 



Total 

Drill expense: 

Travel 
New Hampshire military academy 

Total for adjutant general's department 
Less estimated revenue 



30,125.00 



3,949.14 



Net appropriation 



$36,225.08 

600.00 
5,000.00 

$366,527.91 
55,063.81 

$311,464.10 



For administration and control: 
Division of budget and control: 

Salary of comptroller $12,097.06 

Salary of business supervisor 9,362.40 
Salary of assistant business 

supervisor 8,224.06 

Salary of farm supervisor 8,224.06 

Other personal services: 

Permanent 7,000.50 

Current expenses 

Travel 

Equipment 

Other expenditures: 

Atlantic marine fisheries 

Firemen's relief 

League of N. H. arts and crafts 



$44,908.08 

2,500.00 

1,500.00 

400.00 

700.00 
4,000.00 
8,000.00 



1961] Chapter 225 397 

New England board of higher education 3,500.00 

OASI contributions: 

State employees 334,500.00 

Teachers 256,000.00 



Total $656,008.08 

Division of accounts: 

Salary of director $9,489.66 

Other personal services: 

Permanent 61,560.28 

$71,049.94 



Current expenses 21,000.00 

Travel 200.00 

Equipment 800.00 

Total 93,049.94 

Division of investigation of accounts: 
Personal services: 

Permanent • $24,350.75 

Current expenses 325.00 

Travel 4,561.03 



Total 29,236.78 

Division of buildings and grounds: 
Personal services: 

Permanent $131,408.69 

Other 5,150.00 

136,558.69 

Current expenses 90,000.00 

Equipment 1,000.00 



Total $227,558.69 

Less estimated revenue 48,701.00 



Net appropriation 178,857.69 

Mailing division: 
Personal services: 

Permanent $10,909.08 

Current expenses 555.00 



Total 11,464.08 

Division of purchase and property: 

Salary of director $9,575.80 



398 



Chapter 225 



[1961 



41,970.23 
2,475.00 



Other personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Less revenue 

Net appropriation 

State historical commission: 
Personal services: 

Other 
Current expenses 
Travel 

Total 

N. H. distributing agency: 
Surplus foods: 

Salary of director 
Other personal services: 

Permanent 

Other 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Oasi and retirement 



Total 

Less estimated revenue and balance* 



$7,722.00 

16,771.91 
4,000.00 



$54,021.03 

3,730.00 

800.00 

400.00 

$58,951.03 
600.00 



$500.00 
350.00 
500.00 



$28,493.91 

16,450.00 

2,350.00 

1,800.00 

1,798.26 

$50,892.17 
50,892.17 



58,351.03 



1,350.00 



Net appropriation 

Surplus property: 

Salary of deputy director 

Other personal services: 
Permanent 
Other 

Current expenses 
Travel 



0.00 



$7,165.90 

15,077.90 
600.00 



22,843.80 

20,050.00 

1,910.00 



1961] Chapter 225 399 

Equipment 350.00 

Other expenditures: 

Oasi and retirement 1,443.62 



Total $46,597.42 

Less estimated revenue and balance* 46,597.42 



Net appropriation 0.00 

*Authority is hereby given to utilize so much as may be 
necessary of the balance accumulated at June 30, 1962, or 
any surplus accumulating dinging the fiscal year 1963 with- 
in this subdivision, with approval of the governor and 
council, to efficiently operate this division without the use 
of any other state funds. 



Total for administration and control $1,028,317.60 



For agriculture: 

Office of commissioner: 

Salary of commissioner $10,289.02 

Other personal services: 

Permanent 33,395.60 

$43,684.62 

Current expenses 4,000.00 

Travel 4,400.00 

Other expenditures: 

Feed, seed and fertilizer analytical services 25,000.00 



Total $77,084.62 

Division of markets and standards: 
Bureau of markets: 
Personal services: 

Permanent $31,328.24 

Other 1,286.00 

32,614.24 



Current expenses 17,740.00 

Travel 3,500.00 

Equipment 2,200.00 

Other expenditures: 

Cooperative grant to Ne^v England 

crop reporting services 800.00 

Rodent control work in cooperation 

v/ith federal government 100.00 



400 



Chapter 225 



[1961 



Federal supervisor in connection with 
farm produce inspection 

Total 

Bureau of Aveights and measures: 
Personal services: 

Permanent 
Current expenses 
Travel 
Equipment 

Total 

Less estimated revenue 



250.00 



$25,143.28 
3,500.00 
4,825.00 
2,000.00 

$35,468.28 
15,000.00 



57,204.24 



Net appropriation 

Division of animal industry: 
Personal services: 

Permanent $42,030.04 

Other 2,064.25 

Current expenses 

Travel 

Other expenditures: 

Sale of animals and birds $200.00 

Less estimated revenue 200.00 



20,468.28 



$44,094.29 
4,761.00 
6,500.00 



Net appropriation 0.00 

Tubercular testing 32,000.00 
Brucellosis, vibrosis and leptospirosis 

testing 33.000.00 

Testino; for mastitis control 2,500.00 

Indemnities for condemned animals 1,500.00 
Diaonostic services for domestic animals 12,500.00 

Other veterinarian services 200.00 

Total 

Insect and plant disease suppression and control: 
Personal services: 

Permanent $15,620.09 

Other 7,367.00 

$22,987.09 

Current expenses 1,550.00 

Travel 5,655.00 



137,055.29 



Total 



30,192.09 



161] Chapter 225 

Milk control: 

Personal services: 

Permanent $12,509.81 
Other 750.00 


$13,259.81 

1,965.00 

3,350.00 

505.00 

250.00 


401 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Public hearings 


agri- 
iculture 




Total 

Less estimated revenue 


$19,329.81 
18,000.00 




Net appropriation 

Economics poison law 

Less estimated revenue 


$1,500.00 
1,500.00 


1,329.81 


Net appropriation 

Board of veterinary examiners 
Tests for germination and purity of 
cultural seeds 

Less revenue and balance 


$550.00 
250.00 


0.00 
450.00 


Net appropriation 

Vesicular exanthema 

Less revenue and balance 


$150.00 
100.00 


300.00 


Net appropriation 

Licensing of live poultry dealers 
Less revenue and balance 


$300.00 
300.00 


50.00 


Net appropriation 

Grants :f 

State soil conservation committee 
Eastern states exhibit 


$300.00 
2,000.00 


0.00 


Total 




2,300.00 


Total for department of agri 


$326,434.33 



fThe provisions of RSA 441:5 are suspended for the fiscal year end- 
ing June 30, 1963. 



402 Chapter 225 [1961 

For attorney general: 

Office of the attorney general: 

Salary of attorney general $12,310.03 

Salary of deputy attorney 

ojeneral 10,868.00 

Salaries of 4 assistant 
attorneys general 36,622.28 

Other personal services: 

Permanent 39,580.00 

Other 1,200.00 

$100,580.31 



Current expenses 5,930.00 

Travel 3,225.00 

Equipment 2,500.00 

Other expenditures: 

Commission on uniform 

laws $1,000.00 

Investigation of subversive 
activities including per- 
sonal services 8,000.00* 
Legal services re dept. of 

public works and highways 6,000.00 

15,000.00 



Total $127,235.31 

Less estimated revenue 31,515.00 



Net appropriation $95,720.31 

*No part of this appropriation shall be spent "^vithout 
the prior approval of the governor. Monthly reports of the 
expenses shall be made by the attorney general to the legis- 
lative budget assistant in such form as he may require. 

Division of charitable trusts: 

Salary of director $4,818.06 

Other personal services: 



Permanent 


4,720.30 




Other 


400.00 


$9,938.36 






Current expenses 




285.00 


Travel 




310.00 



1961] Chapter 225 

Equipment 
Total 
Total for attorney general 

For forestry division (forestry and recreation): 
Administration: 

Salary of state forester 



403 



Other personal services: 
Permanent 

Current expenses 

Travel 



$10,252.06 
34,140.16 



Total 

Less refunds (maintenance) 

Net appropriation 

District fire supervision: 
Personal services: 

Permanent $82,256.27 

Other 500.00 



Current expenses 

Travel 

Equipment 

Total 

Less revenue and balance* 



175.00 



10,708.3i6 
$106,428.67 



$44,392.22 

5,715.00 

600.00 

$50,707.22 
234.65 



$50,472.57 



$82,756.27 
16,520.00t 
12,533.00 
10,000.00 

$121,809.27 
75,000.00 



Net appropriation 46,809.27 

fin this appropriation $1,700.00 may be spent for no purpose other 
than bond premium and insurance, and $800.00 may be spent for no 
purpose other than clothing. 

*If the federal grant exceeds the above estimate, such excess may be 
expended for said purposes with the approval of the governor and coun- 
cil. 



Lookout stations: 
Personal services: 
Permanent 
Other 



$64,371.78 
150.00 



Total 



64,521.78 



404 Chapter 225 [1961 

AVarden's training conference: 

Current expenses $3,000.00 

Other expenditures: 

State's share of town warden 

traininof 4,000.00 



Total 7,000.00 

Prevention of fires: 
Personal services: 

Other $2,725.98 

Current expenses 1,000.00 

Equipment 5,000.00 

Other expenses: 

State's share of prevention bills with towns 1,200.00 



Total 9,925.98 

White pine blister rust: 
Personal services: 

Permanent $38,212.98 

Other 1,000.00 

39,212.98 



Current expenses 2,076.00 

Travel 7,244.00 

Equipment 2,550.00 

Total $51,082.98 

Less revenue and balance* 30,000.00 



Net appropriation 21,082.98 

*If the federal grant exceeds the above estimate, such excess may be 
expended for said purposes with the approval of the governor and coun- 
cil. 



Northeastern forest fire compact: 
Current expenses 
Travel 


$592.50 
300.00 


Total 

Nursery: 

Personal services: 

Permanent $19,678.24 
Other 9,000.00 


$28,678.24 
7,836.00 


Current expenses 



892.50 



19611 Chapter 225 405 



] Chapter 225 

Travel 
Equipment 


535.00 
500.00 


Total 

Less revenue and balance* 

Less refunds (maintenance) 


$37,549.24 

19,500.00 

293.02 



Net appropriation 17,756.22 

*If the federal grant exceeds the above estimate, such excess may 
be expended for said purposes with the approval of the governor and 
council. 

Cooperative forest management: 
Personal services: 

Other 16,000.00 

Forest improvement fund: 
Administration: 
Personal services: 

Permanent $28,325.87 

Current expenses ' 4,110.00 

Travel 3,600.00 

Equipment 1,700.00 

State forest operations: 
Personal services: 
Other: 

Chopping, hauling, yard- 
ing $35,000.00 
Labor — silviculture 5,000.00 

40,000.00 



Other expenditures: 

Purchase of land and interest in land 10,000.00 

Timber tax 1,000.00 



Total $88,735.87 

Less revenue and balancef 88,735.87 



Net appropriation 0.00 

•j-Any revenue and balance in excess of this estimate shall be available 
for such further expenditure for said purposes as the governor and coun- 
cil shall approve. 

Caroline A. Fox research fund: 
Personal services: 

Permanent $3,410.16 

Other 6,650.00 



406 



Chapter 225 


$10,060.16 

3,545.00 

795.00 

100.00 


[1961 


Current expenses 

Travel 

Equipment 




Total 

Less revenue and balance 

Less refunds (maintenance) 


$14,500.16 

14,265.51 

234.65 




Net appropriation 




0.00 


Total for forestry 


$234,461.30 



For department of health: 
Administration: state 



Salary of state health officer 
Other personal services: 
Permanent 
Other 


$14,800.24 

24,411.40 
980.00 


$40,191.64 

13,500.00 

1,900.00 


Current expenses 
Travel 


$12,273.21 
17,500.00 


Total 

Less credit transfers 


$55,591.64 
5,220.34 


Net appropriation 

Administration: federal 
Personal services: 

Permanent 
Current expenses 
Travel 


$50,371.30 

$10,451.07 
5,750.00 
1,700.00 


Total* 

Less estimated revenue* 


$17,901.07 
17,901.07 


Net appropriation 

Special health services: state 
Personal services: 
Permanent 
Other 


0.00 

$29,773.21 
9,600.00 


Current expenses 





Total 39,373.21 



1961] Chapter 225 

Special health services: federal 
Personal services: 

Other $9,200.00 

Current expenses 8,759.30 

Travel 1,450.00 

Total* $19,409.30 

Less estimated revenue* 19,409.30 



407 



Net appropriation 

Business management: state 
Personal services: 

Permanent 
Current expenses 
Equipment 



;19,546.58 
1,700.00 
1,700.00 



0.00 



Total 

Business management: federal 
Personal services: 

Permanent $13,093.54 

Other 100.00 



Current expenses 
Travel 

Total* 

Less estimated revenue* 

Net appropriation 

Hospital services: state 
Personal services: 

Permanent 
Current expenses 
Travel 

Total 

Vital statistics: state 
Personal services: 

Permanent $30,407.19 

Other 1,000.00 

Current expenses 
Equipment 



22,946.58 



;13,193.54 
2,991.00 
1,500.00 

47,684.54 
17,684.54 



$24,900.20 

800.00 

2,600.00 



$31,407.19 

3,795.10 

450.00 



0.00 



28,300.20 



Totalf 



35,652.29 



"iO^ Chapter 225 



[1961 



fAny revenue received in addition to this appropriation shall be 
available for expenditure for said purposes. 

Mtal statistics: federal 
Personal services: 

Permanent $2,484.64 

Current expenses 2,300.00 

T^'^^eJ 550.00 



Total* $5,334.64 

Less estimated revenue* 5,334.64 



Net appropriation q qq 

Public health nursing: state 
Personal services: 

Permanent $67,385.73 

Current expenses 900.00 

Travel 3,500.00 



Total 71,785.73 

Public health nursing: federal 
Personal services: 

Permanent $27,100.84 

Other 200.00 



$27,300.84 

Current expenses 3,060.00 

Travel 1^250.00 



Total* $41,610.84 

Less estimated revenue* 41,610.84 



Net appropriation 00 

Communicable disease control: state 
Personal services: 

Permanent $35,709.28 

Other 5,000.00 



$40,709.28 

Current expenses 33,910.00 

Travel 3,750.00 



Total 78,369.28 

Communicable disease control: federal 
Personal services: 

Other $3,000.00 



1961 



Chapter 225 



409 



Current expenses 

Total* 

Less estimated revenue* 

Net appropriation 

Dental services: state 
Personal services: 

Permanent 
Current expenses 
Travel 

Other expenditures: 
Dental fees private 

Total 

Less revenue grantsf 



10,900.00 

$13,900.00 
13,900.00 



0.00 



$20,329.66 
375.00 
250.00 

5,095.00 

$26,049.66 
5,095.00 



Net appropriation 20,954.66 

f Any revenue in excess of this estimate shall be available for further 
expenditure for said purpose. 

Dental services: federal 
Personal services: 

Other $5,095.00 

Current expenses 800.00 

Travel 2,000.00 

Total* $7,895.00 

Less estimated revenue* 7,895.00 

Net appropriation 0.00 

Maternal and child health and crippled children's services: state 
Personal services: 



Permanent 
Other 



$21,768.55 
4,200.00 



Current expenses 

Travel 

Equipment 

Other expenditures: 

Convalescent care and clinics** 



$25,968.55 

33,900.00 

600.00 

1,800.00 

60,000.00 



Total 122,268.55 

**The division of investigation of accounts shall investigate the 
ability to pay of patients and those legally chargeable for their support 



410 



Chapter 225 



[1961 



and maintenance for care, treatment or maintenance furnished here- 
under and the expenses of said care, treatment or maintenance may be 
recovered in an action in the name of the state from the patient or those 
persons chargeable with his support where said person or persons have a 
weekly income or other resources more than sufficient to provide a rea- 
sonable subsistence compatible with decency and health. 

Maternal and child health and crippled children's 
services: federal 
Personal services: 

Permanent $16,968.38 

Other 18,239.94 



Current expenses 
Travel 

Other expenditures: 
Convalescent care and clinics 
Other awards and indemnities 

Total* 

Less estimated revenue* 

Net appropriation 

Occupational health: state 
Personal services: 

Permanent 
Current expenses 
Travel 
Equipment 

Total 

Occupational health: federal 
Personal services: 

Permanent 
Current expenses 
Travel 

Total* 

Less estimated revenue* 

Net appropriation 

Food and chemistry: state 
Personal services: 

Permanent $65,637.88 



$35,208.32 

54,176.89 

2,000.00 

40,000.00 
3,500.00 

^134,885.21 
134,885.21 



$36,226.05 

500.00 

1,350.00 

5,650.00 



$5,694.08 
2,000.00 
3,400.00 

$11,094.08 
11,094.08 



0.00 



43,726.05 



0.00 



1961] 



Other 



Chapter 225 
1,900.00 



411 



Current expenses 

Travel 

Equipment 

Total 

Sanitary engineering: state 
Personal services: 

Permanent $54,722.40 

Other 5,590.00 

Current expenses 
Travel 

Total 

Diagnostic laboratory: state 
Current expenses 
Travel 
Equipment 

Total 

Diagnostic laboratory: federal 
Current expenses* 

Less estimated revenue* 

Net appropriation 

Commission on alcoholism: state 
Personal services: 

Permanent $52,561.80 

Other 8,300.00 



Current expenses 
Travel 

Total 



$67,537.88 

3,400.00 

11,800.00 

1,150.00 



$60,312.40 
4,825.00 
8,000.00 



$3,305.00 

698.00 

1,500.00 



$9,800.00 
9,800.00 



$60,861.80 
8,870.00 
5,840.00 



Miscellaneous services: state 
Other expenditures: 

New England health institute 1,500.00 

Miscellaneous services: federal 
Other expenditures: 

Merit system participation, training of per- 
sonnel, and apha examinations $5,000.00* 



83,887.88 



73,137.40 



5,503.00 



0.00 



75,571.80 



412 Chapter 225 [1961 

Less estimated revenue* 5,000.00 



Net appropriation 0.00 



Net appropriation $753,347.93 



*A11 amounts asterisked (*) in this appropriation for department of 
health are available for expenditure only if funds are available as a fed- 
eral grant. If the federal grants exceed the estimate such excess may be 
expended for said purposes with the approval of the governor and council. 

For barbers' board :f 
Personal services: 

Other $1,400.00 

Current expenses 865.00 

Travel 1,400.00 

Equipment 55.00 

Other expenditures: 

Transfer to health dept. of salary of Clerk 

IV and temporary clerk typist I 2,000.34 



Total $5,720.34 

Less estimated revenue 5,720.34 



Net appropriation 0.00 

fAny revenue in excess of $5,950.00 may be expended for said pur- 
poses ^v^ith the approval of the governor and council. 

For cancer commission: 
State funds: 

Personal services: 

Permanent $9,500.40 

Other 17,200.00 

$26,700.40 

Current expenses 109,660.00 

Travel 1,650.00 



Total $138,010.40 

Federal funds: 
Personal services: 

Permanent $2,870.14 

Other expenditures: 

Cancer registrations 15,000.00 

Other cancer control activities 7,129.86 



1961] Chapter 225 413 

Total* $25,000.00 

Less estimated revenue* 25,000.00 



Net appropriation 0.00 



Total for cancer commission $138,010.40 

Less estimated revenue^ 32,000.00 



Net appropriation $106,010.40 



*This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate such 
excess may be expended for said purposes Avith the approval of the gov- 
ernor and council. 

•f-Any revenue in excess of this estimate may be expended for said 
purposes ^vith the approval of the governor and council. 

For board of chiropody: 
Personal services: 

Other 
Current expenses 

Total 

Less revenue and balance 

Net appropriation 0.00 



$95.00 

50.00 

• 


$145.00 
145.00 



For dental board: 
Personal services: 

Other 
Current expenses 
Travel 


and balance* 
ation 


$1,000.00 

500.00 

1,000.00 




Total 

Less revenue 


$2,500.00 
2,500.00 




Net appropri 




0.00 



*Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. 

For board of registration of funeral directors and embalmers: 
Personal services: 

Other $2,350.00 



414 Chapter 225 [1961 

Current expenses 775.00 

Travel 2,525.00 

Equipment 100.00 



Total $5,750.00 

Less revenue and balance 5,750.00 



Net appropriation 0.00 



For board of hairdressers:* 
Personal services: 

Other $2,000.00 

Current expenses 1,210.00 

Travel 2,000.00 

Equipment 5.00 

Other expenditures: 

Transfer to health dept. for salary of clerk 

IV and temporary clerk typist I 3,220.00 



Total $8,435.00 

Less estimated revenue 8,435.00 



Net appropriation 0.00 



*Any revenue in excess of $10,700.00 shall be available for such 
further expenditure for said purposes as the governor and council shall 
approve. 

For board of registration in medicine: 
Personal services: 

Other $1,000.00 

Current expenses 1,510.00 

Travel 535.00 



Total $3,045.00 

Less estimated revenue 3,045.00 



Net appropriation 0.00 



For pharmacy commission: 
Personal services: 

Other $2,300.00 

Current expenses 700.00 



1961] Chapter 225 415 

Travel 1,300.00 



Total $4,300.00 



For insurance department: 
Office of commissioner: 

Salary of commissioner $10,314.43 

Salary of deputy commissioner 9,061.76 

Other personal services: 

Permanent 38,024.83 

$57,401.02 

Current expenses 5,500.00 

Travel 1,400.00 

Equipment 200.00 



Total $64,501.02 

Rating division: 
Personal services: 

Permanent $6,827.22 

Other: insurance actuary* 10,000.00 

$16,827.22 



Current expenses 1,200.00 

Travel 300.00 

Equipment 200.00 



Total 18,527.22 

*The funds in this appropriation are for the employment of neces- 
sary actuarial services and no part thereof shall be transfeiTed to any other 
appropriation or expended for any other purpose. 

Real estate division: 
Personal services: 

Permanent $3,647.45 

Current expenses 1,010.00 

Travel 200.00 



Total 4,857.45 



Total for insurance department $87,885.69 



For department of labor: 
Office of commissioner: 

Salary of commissioner $7,994.00 

Salary of deputy commissioner 7,229.26 



416 



6 Chapter 225 




[1961 


Other personal services: 






Permanent 3,239.08 






Other 740.00 


$19,202.34 








Current expenses 


7,450.00 




Travel 


1,850.00 




Total 




$28,502.34 


Factory inspections division: 






Personal services: 






Permanent 


$40,181.65* 




Current expenses 


2,250.00 




Travel 


10,000.00 




Equipment 


475.00 





Total 52,906.65 

*$3,700.16 of this amount shall be used to employ a new factory in- 
spector I. 

Workmen's compensation division: 
Personal services: 

Permanent $29,639.94 

Current expenses 3,790.00 

Equipment 600.00 



Total 34,029.94 

Ne^v Hampshire apprenticeship council: 
Other expenditures: 

Apprenticeship council 200.00 



Total for department of labor $1 15,638.93 



For motor vehicle department: 
Administration: 

Salary of commissioner $10,612.16 

Salary of deputy commissioner 9,024.80 

Other personal services: 

Permanent 117,149.70 

Other 29,750.00 

$226,536.66 

Current expenses 180,000.00 

Travel 2,245.00 

Equipment 5,000.00 



1961] Chapter 225 417 

Other expenditures: 

Retirement 13,250.00 

Oasi 14,025.00 



Total $441,056.66 

Gasoline road toll administration: 
Personal services: 



Permanent 
Other 


$20,840.04 
500.00 


$21,340.04 
1,260.00 
4,000.00 
1,900.00 




Current expenses 

Travel 

Equipment 


$94,080.64 
7,500.00 




Total 

Inspectional services: 
Personal services: 
Permanent 
Other 


$101,580.64 

7,000.00 

23,000.00 

3,800.00 


28,500.04 


Current expenses 

Travel 

Equipment 


$45,638.30 
2,000.00 




Total 

Highway safety: 
Personal services: 
Permanent 
Other 


$47,638.30 

9,000.00 

10,500.00 

2,900.00 


135,380.64 


Current expenses 

Travel 

Equipment 






Total 

Unemployment benefits 

Court returns: 
Personal services: 

Permanent 
Current expenses 
Equipment 


$6,068.14 
150.00 
350.00 


70,038.30 
500.00 



418 



Chapter 225 



Total 



[1961 
6,568.14 



Total for motor vehicle 
Less revenue 


department 

$9,576.06 
8,284.12 

40,996.27 
2,151.60 


$61,008.05 

2,164.61 

587.31 


$682,043.78 
682,043.78 


Net appropriation 


0.00 


For personnel department: 
State funds: 

Salary of director 

Salary of deputy director 

Other personal services: 
Permanent 
Other 




Current expenses 
Travel 


)artment 




Total 

Federal funds: 
Personal services: 

Permanent 
Current expenses 
Travel 
Equipment 

Other expenditures: 
Oasi and retirement 


$6,494.10 

1,200.39 

1,152.69 

220.00 

344.00 


$63,759.97 


Total* 

Less estimated revenue* 


9,411.18 
9,411.18 




Net appropriation 




0.00 


Total for personnel def 


$63,759.97 



*This amount available for expenditures only if funds are available 
as a federal grant. 

For public welfare: 
Administration 
Personal services: 

Permanentf $202,197.07 

Other 5,425.00 

$207,622.07 



1961] Chapter 225 419 

Current expenses 41,607.00 

Travel 6,500.00 

Equipment 2,800.00 

Other expenditures: 

Personnel department (merit system) 3,000.00 

Employees retirement 22,440.00 

Oasi 23,535.00 

Educational leave 3,000.00 

Physical examinations for applicants 500.00 



Total $311,004.07** 

-f-This amount includes $3,000.00 to be paid to the department of the 
attorney general for legal services. 

**This appropriation includes $6,287.28 ($6,087.28 for personal 
services — permanent, and $200.00) for current expenses transferred 
from the Division of State Services. 
Field services: 

Personal services: 

Permanent* $425,6^2.60** 

Other 9,585.00 

$435,247.60 

Current expenses 45,896.00 

Travel 20,650.00 

Equipment 4,056.00 



Total 505,849.60 

*In this appropriation $8,650.20 shall be for the salary of an attorney 
I notwithstanding any increased rate authorized by RSA 98, or RSA 99, 
or the relation of this position to other positions in the department. 

**In the event the state does not accept the provisions of an act rela- 
tive to medical aid for the aged at the 1961 session of the legislature the 
following positions in the department shall be abolished, namely, one 
caseworker in each of the following district offices, Concord, Woodsville, 
Nashua and Portsmouth, and one clerical position in the Manchester 
district office. If such positions are abolished the $17,234.86 included in 
this figure for the salaries of said positions shall be eliminated. 

Blind services: 
Personal services: 

Permanent $18,698.27 

Other 600.00 

$19,298.27 

Current expenses 903.00 

Travel 2,910.00 



420 Chapter 225 [1961 

Other expenditures: 

Education of the blind 50,000.00 

Sight conservation 21,500.00 



Total 94,611.27 

Child welfare services: 
State funds: 

Personal services: 

Permanent $63,251.44 

Travel 8,256.60 

Other expenditures: 

Educational leaves 1,376.10 

Conferences & institutes 1,376.10 

Foster care 1,146.75 

Specialized services 458.70 



Total 75,865.69 

Federal funds: 
Personal services: 



Permanent 


$74,641.39 


Travel 


9,743.40 


Other expenditures: 




Educational leave 


1,623.90 


Conference & institutes 


1,623.90 


Foster care 


1,353.25 


Specialized services 


541.30 


Total* 


$89,527.14 


Less estimated revenue* 


89,527.14 



Net appropriation 0.00 

Vocational rehabilitation: 
State funds: 

Other expenditures: 

Extension and improvement $1,500.00 

Case services 17,388.34 

In service training 409.00 



Total 19,297.34 

Federal funds: 
Personal services: 

Permanent $19,239.34 

Travel 2,987.00 



1961] 



Chapter 225 



421 



Other expenditures: 

Extension and improvement 

Case services 

In service training 



4,500.00 
7,822.66 
1,226.00 



Total* 

Less estimated revenue* 


$35,775.00 
35,775.00 




Net appropriation 

Special children's fund 

John Nesmith fund 
Old age assistance: 
State's share 

Less estimated revenue 


$943,022.25 
103,000.00 


0.00 
6,000.00 
3,700.00 


Net appropriation 

Towns and counties 

Less estimated revenue 


1,144,104.75 
1,144,104.75 


840,022.25 


Net appropriation 

Federal* 

Less estimated revenue* 


$2,489,292.00 
2,489,292.00 


0.00 


Net appropriation 

Old age assistance to aliens: 
Towns and counties 

Less estimated revenue 


$178,611.84 
178,611.84 


0.00 


Net appropriation 

Federal* 

Less estimated revenue* 


$216,353.28 
216,353.28 


0.00 


Net appropriation 

Aid to dependent children: 
State's share 

Less estimated revenue 


$1,110,376.69 
100,000.00 


0.00 


Net appropriation 

Federal* 

Less estimated revenue* 


$1,101,022.67 
1,101,022.67 


1,010,376.69 



Net appropriation 



0.00 



422 Chapter 225 [1961 

Aid to needy blind: 

State's share $148,610.64 

Less estimated revenue 2,700.00 



Net appropriation 145,910.64 

Federal* $129,622.56 

Less estimated revenue* 129,622.56 



Net appropriation 0.00 

Aid to permanently and totally disabled: 

State's share $165,395.63 

Less estimated revenue 3,700.00 



Net appropriation 161,695.63 

Towns and counties $237,663.37 

Less estimated revenue 237,663.37 



Net appropriation 0.00 

Federal* $275,979.18 

Less estimated revenue* 275,979.18 



Net appropriation 0.00 



Total for public welfare $3,174,333.18 

Less town and county share of oasi administration 13,086.20 
Less transfer re administration from 

federal grants 307,314.00 



Net appropriation $2,853,932.98 



*A11 amounts asterisked (*) in this appropriation for public welfare 
are available for expenditure only if funds are available as a federal grant. 
If the federal grants exceed the estimate such excess may be expended for 
said purposes with the approval of the governor and council. 

For the fiscal year ending June 30, 1963, the share which a county or 
town must reimburse the state for aid to totally and permanently disabled 
persons for which a county or town is liable shall be thirty-five per cent. 
Provisions of the law inconsistent with the provisions hereof are hereby 
suspended until June 30, 1963. 

For veterans council: 
Personal services: 

Permanent $12,518.48 

Current expenses 840.00 



1961] Chapter 225 423 

Travel 1,910.00 

Equipment 2,400.00 
Other expenditures: 

Veterans burials 4,500.00 



Total $22,168.48 



For recreation division (forestry and recreation): 
Administration: 

Salary of director $10,432.24 

Salary of assistant director 8,344.18 

Other personal services: 

Permanent 101,968.51 

Other 14,338.16 

$135,083.09 

Current expensesf 51,462.00 

Travel 6,000.00 

Equipment 10,000.00 

Other expenditures: 

Employees retirement 5,480.00 

Oasi ' 7,350.00 



Total $215,375.09 

fin this appropriation $18,440.00 shall be for advertising, and no 
expenditure shall be made for this purpose without prior approval of 
the governor and council. 

Service parks: 

Personal services: 

Permanent $65,811.55 

Other 218,741.00 

$284,552.55 



Current expenses 76,100.00 

Travel 2,200.00 

Equipment 20,000.00 

Other expenditures: 

Injured employees 3,000.00 



Total 385,852.55 

Self supporting parks: 
Personal services: 

Permanent $251,206.30 

Other 176,000.00 

$427,206.30 



424 Chapter 225 [1961 

Current expenses;]: 194,000.00 

Travel 2,000.00 

Equipment 23,000.00 
Other expenditures: 

Injured employees 4,000.00 

Total 650,206.30 

:J:In this appropriation $46,225.00 shall be for advertising and no 
expenditure shall be made for this purpose without prior approval of the 
governor and council. 

Bonds and interest: 

Recreational areas, laws of 1951, 

issue of 1954 $12,225.00 

Recreational facilities, laws of 1953, 

issue of 1954 48,950.00 

Recreational facilities, laws of 1953, 

issue of 1956 16,620.00 

Recreational facilities, laws of 1955 as 

amended by laws of 1957, issue of 1959 35,676.25 

Recreational facilities, laws of 1957, 

issue of 1959 37,106.25 

Recreational facilities, laws of 1959, 

not yet issued 9,000.00 



* 



Total 159,577.50 

*No part of this appropriation shall be transferred to any other ac- 
count or used for any other purpose. 

Total for recreation $ 1 ,4 1 1 ,0 1 1 .44 

Less revenue and balancef 1,411,011.44 

Net appropriation 0.00 

f Any actual excess of money over estimate after deduction of legis- 
lative appropriations may be expended upon approval of governor and 
council. 

Hampton beach parking facility: 
Personal services: 

Other $450.00 

Current expenses 11,425.00 

Other expenditures: 

Hampton sea walls bonds 60,000.00 

Interest on bonds 23,062.50 

Total $94,937.50 



1961] Chapter 225 425 

Less estimated revenue 26,600.00 



Net appropriation $68,337.50 



For secretary of state: 
Office of secretary: 



Salary of secretary 


$8,863.20 




Salary of deputy secretary 


7,778.37 




Other personal services: 






Permanent 


34,538.12 




Other 


1,200.00 


$52,379.69 






Current expenses 




5,000.00 


Travel 




700.00 


Equipment 




180.00 


Other expenditures: 






Preservation of state and 


provincial 




records 




500.00 


Total 




Elections: 






Personal services: 






Other 




$5,500.00 


Current expenses 




45,400.00 


Travel 




250.00 


Total 




Photostat division: 






Personal services: 






Permanent 


$4,011.02 




Other 


200.00 


$4,211.02 
3,000.00 


Current expenses 




Total 




Trading stamp division: 






Other expenditures: 






Trading stamps 


$450.00 




Less estimated revenue 450.00 





$58,759.69 



51,150.00 



7,211.02 



Net appropriation 0.00 

Commercial code division: 
Personal services: 

Permanent $2,870.14 



426 Chapter 225 
Current expenses 


2,100.00 


[1961 


Total 


$325.00 

1,250.00 

150.00 


4,970.14 


Total for secretary of state 


$122,090.85 


For board of accountancy: 
Personal services: 

Other 
Current expenses 
Travel 




Total 

Less revenue and balance 


$1,725.00 
1,725.00 




Net appropriation 


$850.00 
315.00 
500.00 


0.00 


For board of registration for architects: 
Personal services: 

Other 
Current expenses 
Travel 




Total 

Less revenue and balance* 


$1,665.00 
1,665.00 




Net appropriation 




0.00 



*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 
For state athletic commission: 



Personal services: 

Other 
Current expenses 
Travel 


$635.00 
156.00 
290.00 




Total 

Less revenue and balance* 


$1,081.00 
1,081.00 




Net appropriation 




0.00 



*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 
For board of chiropractic examiners: 



161] 

Personal services: 

Other 
Current expenses 
Travel 


Chapter 

)n of professional 

and balance* 
ation 


225 
engineers: 


$700.00 

700.00 

1,000.00 


427 


Total 


$2,670.00 
1,820.00 
1,000.00 


$2,400.00 


)r board of registratic 
Personal services: 

Other 
Current expenses 
Travel 




Total 

Less revenue 


$5,490.00 
5,490.00 




Net appropri 




0.00 



*Any revenue and balance in excess of this amount shall be available 
for such further expenditure as the governor and council shall approve. 

For board of registration in optometry: 
Personal services: 

Other $520.00 

Current expenses 200.00 

Travel 460.00 



Total $1,180.00 

For state library: 
Administration: 

Salary of librarian $9,008.63 

Salary of assistant librarian 7,488.00 

Other personal services: 

Permanent 117,792.93 

Other 7,547.43 

$141,836.99 



Current expenses 10,685.00 

Travel 800.00 

Equipment 23,635.00 



Total $176,956.99 

Extension: 

Current expenses $8,320.00 

Travel 2,800.00 

Equipment 12,460.00 



428 



Chapter 225 



[1961 



Other expenditures: 
Institute work shops 



300.00 



Total 

State aid: 

Grants-in-aid to rural libraries 

Federal aid: 

Personal services: 
Permanent 
Other 


$22,591.01 
4,124.14 


$26,715.15 

5,816.00 

1,000.00 

16,100.00 

10,623.91 
876.00 


23,880.00 
2,000.00 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Public relations 
Oasi 






Total* 

Less estimated revenue* 


$61,131.06 
61,131.06 




Net appropriation 




0.00 


Total for state library 


$202,836.00 



*This amount available for expenditure only if fimds are available 
as a federal grant. 

For state police: 
Administration: 

Salary of superintendent $10,192.00 

Other personal services: 

Permanent 658,048.35 

Other 5,500.00 



Current expenses 

Travel 

Equipment 

Other expenditures: 
Retirement and oasi 

Expense of equipping ten new additional 
troopers 



$673,740.35 

62,650.00 

145,725.00 

111,721.38 

39,170.67 
16,500.00 



Total for state police 



$1,049,507.40 



1961] Chapter 225 

Less transfer from highway fund 
Less transfer from turnpikes 


429 

794,159.93 
110,876.60 


Net appropriation 


$9,670.77 
8,187.10 

71,777.75 
1,950.00 


$144,470.87 


For state treasury: 
Office of treasurer: 
Salary of treasurer 
Salary of deputy treasurer 

Other personal services: 
Permanent 
Other 


$91,585.62 

23,373.00 

600.00 

1,910.00 


Current expenses 

Travel 

Equipment 





Other expenditures: 
Trust funds: 

Agricultural college fund $4,800.00 
Hamilton Smith fund 400.00 

Benjamin Thompson fund 31,895.27 



37,095.27 
Expense re head tax 100.00 



Total for state treasury $154,663.89 

Less transfer from highway fund 17,512.06 



Net appropriation $137,151.83 



For industrial school: 
Administration: 
Salary of superir 
Salary of deputy : 
tendent 

Other personal serv 
Permanent 


itendent 
superin- 

'ices: 


$8,879.27 
6,110.00 

16,821.60 


$31,810.87 

5,435.00 

1,100.00 

215.00 


Current expenses 

Travel 

Equipment 




Total 


$38,560.87 



430 Chapter 225 [1961 

Instruction: 

Personal services: 

Permanent $37,165.66 

Other 3,136.80 



$40,302.46 

Current expenses 1,630.00 

Equipment 590.00 



Total 42,522.46 

Custodial care:* 
Personal services: 

Permanent $224,329.09 

Other 4,000.00 

$228,329.09 

Current expensesf 63,250.00 

Equipment 2,200.00 



Total 293,779.09 

fin this appropriation $21,760.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$21,760.00. 

*Such sums as may be required for the custody of certain inmates 
shall be transferred from the emergency fund upon approval by the gov- 
ernor and council. 

Auxiliary to custodial care: 
Personal services: 

Other $3,500.16 

Current expenses 60.00 

Travel 150.00 



Total 3,710.16 

Operation of plant: 
Personal services 

Permanent $15,145.66 

Current expenses 36,485.00 

Equipment 4,362.00 



Total 55,992.66 

Maintenance of plant: 
Personal services: 

Permanent $24,722.10 



)61] Chapter 225 
Other 1,040.62 


$25,762.72 

12,195.00 

275.00 


431 


Current expenses 
Equipment 


.3,931.84 
1,050.00 




Total 

Agriculture: 

Personal services: 

Permanent $1 
Other 


$14,981.84 

14,880.00 

1,175.00 


38,232.72 


Current expenses 
Equipment 






Total 

Less credit transfer 

Less estimated revenue 


$31,036.84 

21,760.00 

7,450.00 




Net appropriation 

Boys' and girls' benefit fund: 
Current expenses 

Parole: 

Personal services: 

Permanent 
Current expenses 
Travel 
Equipment 


$19,870.76 

385.00 

1,900.00 

215.00 


1,826.84 
4,606.00 


Total 




22,370.76 


Total for industrial school 
Less refunds (maintenance) 


$501,601.56 
8,650.00 


Net appropriation 


$492,951.56 



For Laconia state school: 
Administration : 

Salary of superintendent 
Salary of deputy superin- 
tendent 

Other personal services: 
Permanent 

Current expenses 



$13,031.40 
11,427.18 

51,222.42 



$75,681.00 
3,335.00 



432 Chapter 225 [1961 

Travel 1,770.00 

Equipment 235.00 



Total $81,021.00 

Professional care and treatment: 
Personal services: 

Permanent $641,169.71 

Otherf 13,200.00 



$654,369.71 

Current expenses 16,485.00 

Travel 450.00 

Equipment . 1,000.00 



Total 672,304.71 

fin this appropriation $2,500.00 shall be for the services of a beau- 
tician, and this amount shall not be expended for any other purpose or 
transferred to any other appropriation. 

Custodial care: 
Personal services: 

Permanent $165,416.68 

Other 4,000.00 

$169,416.68 

Current expenses* 272,380.00 

Travel 100.00 

-^ Equipment 1,050.00 



Total 442,946.68 

*In this appropriation $90,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$90,000.00. 

Operation of plant: 
Personal services: 

Permanent $44,085.29 

Other 600.00 



$44,685.29 

Current expenses:|: 84,000.00 



Total 128,685.29 

:|:In this appropriation $2,000.00 shall be for lumber used from the 
institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 



1961] 



Chapter 225 



433 



farm shall receive credit for all lumber used even though in excess of 
$2,000.00. 



Maintenance of plant: 
Personal services: 

Permanent 
Current expenses* 

Total 



$27,258.92 
37,000.00 



64,258.92 



*In this appropriation $10,000.00 shall be for care of grounds, snow 
removal, etc., and the institution's farm shall receive credit for all sup- 
plies, work and services rendered even though in excess of $10,000.00. 
No part of this appropriation shall be transferred to any other appropria- 
tion or expended for any other purpose. 

Agriculture: 



Personal services: 
Permanent 
Other 


$52,838.14 
2,900.00 


$55,738.14 

44,325.00 

55.00 

3,550.00 




Current expenses 

Travel 

Equipment 


$163,769.08 
7,576.60 




Total 

Less credit transfers 

Less estimated revenue 


$103,668.14 

102,000.00 

4,500.00 




Net reduction 

Training and education: 
Personal services: 
Permanent 
Other 


$171,345.68 

6,000.00 

175.00 

500.00 


—2,831.86 


Current expenses 

Travel 

Equipment 






Total 




178,020.68 



Total for Laconia state school 
Less refunds (maintenance) 

Net appropriation 



$1,564,405.42 
15,000.00 

$1,549,405.42 



434 Chapter 225 [1961 

For prison industries: 
Personal services: 

Permanent $72,182.62 

Other 9,848.00 

$82,030.62 

Current expenses 142,520.00 

Travel 255.00 



Total $224,805.62 

Less estimated revenue and credits* 224,805.62 



Net appropriation 0.00 



*Any revenue in excess of $245,000.00 shall be available for such 
further expenditure for said purposes as the governor and council shall 
approve. 

For soldiers' home: 
State funds: 

Office of commandant: 

Salary of commandant $5,414.18 



Other personal services: 

Permanent $4,127.09 

Other 410.20 



4,537.29 



Total $9,951.47 

Custodial care: 
Personal services: 

Permanent $20,919.70 

Other 2,708.69 



Total 23,628.39 

Professional care and treatment: 
Personal services: 

Permanent $25,025.79 

Other 2,241.21 



Total 27,267.00 

Operation of plant: 
Personal services: 

Permanent $21,496.05 

Other 1,000.00 

Total 22,496.05 



1961] 



Chapter 225 



435 



Federal (special) funds: 
Custodial care: 
Personal services: 
Permanent 
Other 


$6,322.36 
405.70 




Total 




$6,728.06 


Operation and maintenance: 
Current expenses 
Travel 




19,235.00 
610.00 



Other expenditures: 

Snow plowing, rubbish re- 
moval, laundry services, 
and notary public $885.00 

Inspection of fire protection 

system 200.00 

Entertainment re national asso- 
ciation of state homes 250.00 



Total 

Less revenue and balance 

Net appropriation 

Total for soldiers' home 
Less refunds (maintenance) 

Net appropriation 



1,335.00 

$27,908.06 
27,908.06 



0.00 

$83,342.91 
1,000.00 

$82,342.91 



For state hospital: 
Administration: 

Salary of superintendent $14,896.00 

Salary of assistant superin- 
tendent 11,927.20 

Other personal services: 

Permanent 106,974.70* 

Other 5,400.00 

Current expenses 

Travel 

Equipment 



$139,197.90 

46,000.00 

1,400.00 

1,500.00 



Total 



$188,097.90 



436 Chapter 225 [1961 

*In this appropriation $7,373.30 shall be for the salary of one busi- 
ness administrator II and $5,289.91 shall be for the salaries of two clerk 
typist I. 

Professional care and treatment: 

Salary of director of psychiatric 

education and research $12,037.00 

Salary of director of correction- 
al psychiatry 12,037.00 

Salary of director of clinical 
services 12,037.00 

Salary of director of out-patient 
services 12,037.00 

Other personal services: 

Permanent 2,210,839.90 

Other 103,089.42 

$2,362,077.32 

Current expenses 103,000.00 

Travel 5,000.00 

Equipment 6,000.00 



Total 2,476,077.32 

Custodial care: 
Personal services: 

Permanent $557,989.34* 

Other 21,000.00 

$578,989.34 

Current expenses 659,490. 50f 

Travel 90.50 

Equipment 13,500.00** 



Total 1,252,070.34 

♦ *In this appropriation $5,240.30 shall be for the salary of one dieti- 
tian III and said appropriation shall also include the salaries of two chefs 
II, four chefs I, thirty food service workers I, one food truck driver, and 
twelve laundry workers II. 

fin this appropriation $134,160.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$134,160.00. 

**In this appropriation $6,000.00 shall be for dishwashing machines, 
$620.00 for food conveyers, and $1,500.00 for eighty gallon steam kettles. 
These sums shall not be transferred or used for any other purpose. 



1961] Chapter 225 437 

Operation of plant: 
Personal services: 

Permanent $179,487.65 

Other 12,200.00 



$191,687.65 

Current expenses 260,000.00 

Travel 100.00 

Equipment 8,500.00 



Total 460,287.65 

Maintenance of plant: 
Personal services: 

Permanent $207,361.15 

Other 400.00 



207,761.15 

Current expenses 45,000.00 

Equipment 1,215.00 



Total 253,976.15 

Diagnostic laboratory: 
Personal services: 

Permanent $79,921.43 

Other 1,000.00 

$80,921.43 

Current expenses 2,700.00 

Travel 400.00 



Total 84,021.43 

Memorial unit: 
Personal services: 

Permanent $18,587.48 

Other 215.00 



$18,802.48 

Current expenses 6,000.00 



Total 24,802.48 

Agriculture: 

Personal services: 

Permanent $59,928.31 

Other 3,560.00 

$63,488.31 

Current expenses 50,000.00 

Travel 25.00 

Equipment 6,000.00 



438 Chapter 225 [1961 

Total $119,513.31 

Less credit transfer 134,160.00 

Less revenue 3,000.00 



Net reduction — 17,646.69 



Total for state hospital $4,721,686.58 

Less refunds (maintenance) 68,000.00 

Net appropriation $4,653,686.58 

For state prison: 
Administration: 

Salary of warden $8,900.06 

Other personal services: 

Permanent 13,372.22 

Other 300.00 

$22,572.28 



Current expenses 1,995.00 

Travel 1,400.00 

Equipment 385.00 



Total $26,352.28 

Instruction: 
- Personal services: 

Permanent 3,600.48 

Custodial care: 

Salary of deputy warden $6,405.44 

Other personal services: 

Permanent 200,578.05 

Other 24,240.00 

$231,223.49 



Current expenses* 91,500.00 

Equipmentf 2,200.00 

Other expenditures: 

Custody of certain inmates** 3,000.00 



Total 327,923.49 

*In this appropriation $18,000.00 shall be for products used from 
the institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$18,000.00. 



1961] 



Chapter 225 



439 



fin this appropriation $200.00 shall be for books and this sum shall 
not be transferred to any other appropriation or expended for any other 
purpose. 

**This appropriation shall be available for the custody of unman- 
ageable inmates in out-of-state institutions or federal penitentiaries when 
no suitable institution exists in New Hampshire. Any payments out of 
this appropriation shall be made with the approval of the governor and 
cotmcil. This fund may also be used for such inmates who have been sent 
to such out-of-state institutions from the Laconia state school and the state 
hospital. No part of this appropriation shall be transferred to any other 
appropriation or expended for any other purpose. 

Auxiliary to prison care and custody: 
Personal services: 

Other $6,500.00 

Current expenses 3,500.00 



Other expenditures: 
Awards — gate money 

Total 



1,800.00 



Operation of plant: 
Personal services: 
Permanent 
Other 


$10,815.48 
3,000.00 


$22,013.68 
275.00 


Total 

Maintenance of plant: 
Current expenses 
Equipment 


$13,095.00 
248.00 


Total 

Agriculture: 

Personal services: 
Permanent 
Other 


13,815.48 

23,498.00 

500.00 

1,000.00 
75.00 


Current expenses 
Equipment 

Other expenses: 

Slaughtering, cutting and 
Registration fees 


curing meat 


Total 

Less credit transfer 


$38,888.48 
18,000.00 



11,800.00 



22,288.68 



13,343.00 



440 Chapter 225 

Less estimated revenue 

Net reduction 

Parole: 

Personal services: 

Permanent $23,256.04 

Other 600.00 

Current expenses 

Travel 

Equipment 

Total 

Total for state prison 

Less refunds (maintenance) 

Net appropriation 



25,000.00 



;23,856.04 
1,200.00 
3,000.00 
1,250.00 



[1961 



—4,111.52 



29,306.04 

$430,502.45 

2,161.66 

$428,340.79 



For state sanatorium: 
Administration: 

Salary of superintendent 



$10,252.28 

12,604.54 
1,300.00 



$24,156.82 
2,495.00 
1,510.00 



Other personal services: 
Permanent 
Otherf 

Current expenses 
Travel 

Total $28,161.82 

fOf this amount the sum of $1,000.00 shall be paid to the superin- 
tendent, in addition to his regular salary, for extra work in connection 
with out-patient services. 

Professional care and treatment: 
Personal services: 

Permanent $118,526.05 

Other 7,700.00 



Current expenses 
Equipment 

Total 

Custodial care: 
Personal services: 
Permanent 



$126,226.05 

21,020.00 

510.00 



147,756.05 



$66,174.88 



1961] Chapter 225 441 

Other 2,950.00 

$69,124.88 



Current expenses* 37,685.00 

Equipment 1,110.00 



Total 107,919.88 

*ln this appropriation $7,120.00 shall be for products used from the 
institution's farm. No part of this amount shall be transferred to any 
other appropriation or expended for any other purpose. The institution's 
farm shall receive credit for all products used even though in excess of 
$7,120.00. 

Operation of plant: 
Personal services: 

Permanent $47,938.90 

Other 825.00 



$48,763.90 

Current expenses 24,617.00 

Equipment 2,000.00 

Other expenditures: 

Cutting wood for institutional buildingsf 1,000.00 



Total 76,380.90 

fThis appropriation shall be for services, supplies and equipment 
used from the institution's farm for this purpose. The farm shall receive 
credit for all services, supplies and equipment used even though in excess 
of $1,000.00. 

Maintenance of plant: 
Personal services: 

Permanent $600.00 

Current expenses 9,000.00 



Total 9,600.00 

Agriculture: 

Personal services: 

Permanent $9,386.21 

Other 2,000.00 

$11,386.21 

Current expenses 5,500.00 

Equipment 1,025.00 



Total $17,911.21 

Less credit transfers 8,120.00 



442 Chapter 225 

Less estimated revenue 

Net reduction 

Total for sanatorium 
Less refunds (Maintenance) 

Net appropriation 

For University of New Hampshire: 
University of New Hampshire fund 
Extension work in counties 

Total 



11,005.00 



$3,927,234.11 
92,400.00 



[1961 



—1,213.79 

$368,604.86 
12,900.00 

$355,704.86 



$4,019,634.11 



For board of education: 
Administration: 

Salary of commissioner $14,800.24 

Salary of deputy commis- 
sioner 10,552.10 

Personal services: 

Permanent 125,271.64 

Other 1,000.00 

Current expenses 

Travel 

Equipment 

Other expenditures: 

Revision of courses of study, curriculum de- 
velopment and other services 

Total 

Foundation aid: 

Other expenditures: 

State aid to school districts 

Unorganized districts aid: 
Other expenditures: 

Tuition and transportation 

School building construction: 
Other expenditures: 

Aid to school districts for school building 
construction-]- 



151,623.98 

15,500.00 

10,000.00 

2,500.00 



1,600.00 



$181,223.98 



1,800,000.00 



6,000.00 



1,063,039.85 



1961] Chapter 225 443 

fThese funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 

State-wide supervision: 
Other expenditures: 

Salaries and travel of superintendents, 
assistant superintendents and helping 
teachersf $615,473.20 

Superintendents' conference 2,000.00 



Total 617,473.20 

fThe board of education shall receive for disbursement sums paid 
by school districts for the additional salaries of superintendents under 
the provisions of RSA 189:44. In the above appropriation $389,591.20 
shall come from funds received under RSA 189:44 and the state's share 
shall not exceed $225,882.00. 

Smith-Hughes: state 
Personal services: 

Permanent $6,774.77 

Current expenses . 200.00 

Travel 1,000.00 



Total 7,974.77 

Smith-Hughes: federal 
Personal services: 

Permanent $6,774.77 

Current expenses 200.00 

Travel 1,100.00 

Other expenditures: 

Reimbursement for salaries and travel of 

teachers 24,430.23 



Total* $32,505.00 

Less estimated revenue* 32,505.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

George-Barden: state 
Personal services: 

Permanent $19,037.23 

Other 250.00 

$19,287.23 



444 Chapter 225 [1961 

Current expenses 200.00 

Travel 1,650.00 

21,137.23 



Total 

eorge-Barden: federal 
Personal services: 

Permanent 

Other 


$19,287.53 
250.00 


Current expenses 
Travel 

Other expenditures: 

Reimbursements for salaries 
teachers 


800.00 
1,950.00 

5 and travel of 

112,712.47 


Total* 

Less estimated revenue 


$135,000.00 
135,000.00 



Total 0.00 

*This amount available for expenditure only if funds are available 
as a federal grrant. 



Vocational rehabilitation: statef 




Personal services: 




Permanent 


$12,378.19 


Current expenses 


1,000.00 


Travel 


2,000.00 


Other expenditures: 




Professional fees and medical consultants 


5,000.00 


Board, room and hospitalization 


15,000.00 


Artificial appliances, hearing aids, 




treatments 


5,000.00 


Trainee equipment 


1,000.00 


Tuition, tools and licenses, initial stock 


23,400.00 


Clients' travel 


500.00 


Educational leave — staff training 


100.00 



Total 65,378.19 

fit is directed that the full and ultimate responsibility for the sound 
administration of vocational rehabilitation rests in the person of the 
commissioner of education. 

Vocational rehabilitation: federal 
Personal services: 

Permanent $21,349.83 



1961] Chapter 225 445 

Current expenses 1,724.80 

Travel 3,449.60 

Other expenditures: 

Professional fees and medical consultants 8,623.98 

Board, room and hospitalization 25,871.94 
Artificial appliances, hearing aids, 

treatments 8,623.98 

Trainee equipment 1,724.80 

Tuition, tools and licenses initial stock 40,360.22 

Clients' travel 862.40 

Retirement and social security 1,293.80 

Educational leave — staff training 900.00 



Total* $114,785.35 

Less estimated revenue* 114,785.35 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Oasi disability determination: federal . 
Personal services: 

Permanent $28,535.00 

Current expenses 3,550.00 

Travel 1,600.00 

Equipment 400.00 

Other expenditures: 

Medical consultations and examinations 17,000.00 

Retirement and social security 1,729.22 

Clients' travel 1,050.00 



Total* $53,864.22 

Less estimated revenue* 53,864.22 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Education of deaf: 

Current expensesf $210,000.00 

Travel 400.00 



Total 210,400.00 

fThese funds shall not be expended for any other purpose and no 
transfer shall be made therefrom. 



446 Chapter 225 [1961 

School lunch program: state 
Personal services: 

Permanent $14,860.73 

Current expenses 400.00 

Travel 1,200.00 



Total 16,460.73 

School lunch program: federal 
Other expenditures: 

Reimbursements to school districts for 

school lunches to children* $295,000.00 

Less estimated revenue* 295,000.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Special school milk program: federal 
Other expenditures: 

Reimbursements to school districts* $230,000.00 

Less estimated revenue* 230,000.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Area vocational schools; state 
Personal service: 

Permanent $2,840.11 

Current expenses 775.00 

Travel 950.00 

Other expenditures: 

Reimbursements to school district 45,254.89 



Total 49,820.00 

Practical nurse training: federal 
Personal services: 

Permanent $3,649.88 

Current expenses 250.00 

Travel 550.00 

Other expenditures: 

Reimbursements to school 

districts 13,976.12 

Total* $18,426.00 



1961] Chapter 225 447 

Less estimated revenue* 18,426.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Veterans educational services: state 

Current expenses 590.00 

Veterans education services: federal 
Personal services: 

Permanent $7,906.97 

Travel 1,200.00 



Total* $9,106.97 

Less estimated revenue* 9,106.97 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Exeter hospital school of practical nursing: state 
Personal services: 

Permanent $10,798.07 

Other 706.68 

$11,504.75 

Current expenses 1,790.00 

Travel 187.00 

Equipment 553.00 



Total $14,034.75t 

Less estimated revenue and balance 8,052.20 



Net appropriation 5,982.55 

f This amount available for expenditure only if other funds are avail- 
able so that the state appropriation shall not exceed $5,982.55. 

Exeter hospital school of practical nursing: federal 
Personal services: 

Permanent $10,798.07 

Other 706.68 

$11,504.75 



Current expenses 1,015.00 

Travel 187.00 

Equipment 353.00 

Total* $13,059.75 



448 Chapter 225 [1961 

Less estimated revenue* 13,059.75 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

N. H. Technical institutes — loan fund 8,000.00 

N. H. Technical institute — Manchester: 
Personal services: 

Permanent $145,019.05 

Other 10,100.00 

$155,119.05 



Current expenses 51,275.00 

Travel 500.00 

Equipment 2,500.00 



Total $209,394.05 

Less estimated revenue: 



Tuition $55,000.00 

Other 23,300.00 



78.300.00 



Net appropriation 131,094.05 

N. H. Technical institute — Portsmouth: 
Personal services: 

Permanent $77,782.65 

Other 10,000.00 

$87,782.65 



Current expenses 36,569.00 

Travel 750.00 

Equipment 5,000.00 



Total $130,101.65 

Less estimated revenue: 



Tuition $35,000.00 

Other 17,700.00 



52,700.00 



Net appropriation 77,401.65 

Keene teachers college: 
Administration: 

Salary of president $10,372.18 

Other personal services: 

Permanent** 33,192.60 



1961] Chapter 225 449 

Other 2,300.00 

$45,864.78 



Current expenses 8,500.00 

Travel 1,000.00 

Equipment 1,000.00 



Total 56,364.78 

**In this appropriation $7,290.14 shall be for the salary of one busi- 
ness administrator II. 

Instruction: 

Personal services: 

Permanent $400,177.80 

Other 46,200.00 

$446,377.80 

Current expenses 35,450.00 

Travel 6,860.00 

Equipment 15,000.00 

Other expenditures: 

Teachers retirement 4,500.00 

Library — current expenses 3,000.00 

Scholarshipf 33,000.00 
Matching loan funds re national defense 

education act 3,500.00 



Total 547,687.80 

fit shall be a condition precedent to granting a scholarship to a person 
attending the teachers college that said person shall sign an agreement 
that after graduation he will teach in the state for as many years as he 
was recipient of said scholarship and that if he shall not so teach for the 
required number of years he will reimburse the state for the amount of 
the scholarship aid he received. 

Custodial care: 
Personal services: 

Permanent $83,156.02 

Other 34,850.00 

$118,006.02 

Current expenses 91,800.00 

Equipment 4,000.00 



Total 213,806.02 

Operation and maintenance of plant: 
Personal services: 

Permanent $45,796.85 



450 



Chapter 225 



[1961 



Other 9,200.00 

Current expenses 
Equipment 

Total 

Amortization of investment in: 
Dormitory (Monadnock hall) 

Bonds and interest 
Book store and snack bar 

Total 

Less revenue 

Net appropriation 

Total for Keene teachers' college 

Less estimated revenue: 

Board and room $292,500.00 

Practice schools 70,000.00 

Extension courses 20,000.00 

Tuition 174,000.00 

Registration 13,500.00 

Other revenue 9,390.00 



$54,996.85 

93,790.00 

3,245.00 



$20,850.00 
2,390.00 

$23,240.00 
23,240.00 



152,031.85 



0.00 



$969,890.45 



Total revenue $579,390.00 

Deduct revenue applied 

against amortization 23,240.00 



Net appropriation 

Plymouth teachers' college: 
Administration: 
Salary of president 

Other personal services: 
Permanent** 
Other 

Current expenses 

Travel 

Equipment 



$10,252.00 

34,119.06 
3,000.00 



556,150.00 

$413,740.45 



$47,371.06 

12,675.00 

1,000.00 

475.00 



Total 



$61,521.06 



1961] Chapter 225 451 

**In this appropriation $7,290.14 shall be for the salary of one busi- 
ness administrator II. 

Instruction: 

Personal services: 

Permanent $340,836.00 

Other 48,600.00^ 

389,436.00 

Current expenses 17,195.00 

Travel 6,000.00 

Equipment 10,000.00 

Other expenditures: 

Teachers retirement 4,780.00 

Libraries: 

Current expenses 2,250.00 

Books 5,250.00 

Scholarshipf 23,000.00 

Matching loan funds re national defense 
education act 4,000.00 



Total 461,911.00 

:|;In this appropriation $4,060.00 shall be for the salary of a librarian. 

•fit shall be a condition precedent to granting a scholarship to a per- 
son attending the teachers college that said person shall sign an agreement 
that after graduation he will teach in the state for as many years as he was 
recipient of said scholarship and that if he shall not so teach for the re- 
quired number of years he will reimburse the state for the amount of the 
scholarship aid he received. 

Custodial care: 
Personal services: 

Permanent $76,350.96 

Other 26,000.00 

$102,350.96 



Current expenses 93,000.00 

Equipment 7,500.00 



Total 202,850.96 

Operation and maintenance of plant: 
Personal services: 

Permanent $53,689.06 

Other 4,000.00 

$57,689.06 



Current expenses 70,000.00 



452 Chapter 225 [1961 

Equipment 1,940.00 



Total 129,629.06 

Amortization of investment in: 
Men's dormitory: 

Bonds and interest $43,003.75 

Less revenue 43,003.75 



Net appropriation 0.00 

Total for Plymouth teachers college $855,912.08 

Less estimated revenue: 

Board and room $317,850.00 

Practice schools 65,000.00 

Extension courses 16,000.00 

Tuition 182,600.00 

Registration 17,175.00 

Other revenue 3,600.00 



Total revenue $602,225.00 

Deduct revenue applied against 

amortization 43,003.75 



559,221.25 



Net appropriation $296,690.83 

National defense education act — title III: state 
Personal services: 

Permanent $13,289.64 

Current expenses 1,600.00 

Travel 1,500.00 

Other expenditures: 

Curriculum study and conferences 1,500.00 



Total $17,889.64 

National defense education act — title III: federal 

Personal services: 

Permanent $13,289.64 

Current expenses 1,600.00 

Travel 1,500.00 

Other expenditures: 

Curriculum study and conferences 1,500.00 

Reimbursements to school districts 206,457.00 

Total* $224,346.64 



1961] Chapter 225 453 

Less estimated revenue* 224,346.64 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

National defense education act — title V: state 
Personal services: 

Permanent $4,380.66 

Current expenses 460.00 

Travel 475.00 



Total 5,315.66 

National defense education act — title V: federal 
Personal services: 

Permanent $4,380.66 

Current expenses 460.00 

Travel 475.00 

Other expenditures: 

Reimbursements to school districts 42,265.34 



Total* $47,581.00 

Less estimated revenue* 47,581.00 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

National defense education act — title VIH: state 

Current expenses $200.00 

Travel 337.50 



Total 537.50 

National defense education act — title VIII: federal 

Current expenses $200.00 

Travel 337.50 

Other expenditures: 

Purchases in behalf of schools of tech- 
nical training 31,423.50 



Total* $31,961.00 

Less estimated revenue* 31,961.00 



Net appropriation 0.00 



454 Chapter 225 [1961 

*This amount available for expenditure only if funds are available 
as a federal grant. 

National defense education act — title X: state 
Personal services: 

Permanent $5,318.17 

Current expenses 855.00 

Travel 150.00 



Total 6,323.17 

National defense education act — title X: federal 
Personal services: 

Permanent $5,318.17 

Current expenses 3,383.00 

Travel 1,350.00 



Total* $10,051.17 

Less estimated revenue* 10,051.17 



Net appropriation 0.00 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Scholarships — world war orphans 
_ (as provided by RSA 1 93 : 1 9) 2,700.00 

Board of nursing education and nurse registration: 
Personal services: 

Permanent $17,778.28 

Other 600.00 

$18,378.28 

Current expenses 4,500.00 

Travel 1,025.00 

Other expenditures: 

Retirement and oasi 1,047.57 



Total* $24,950.85 

Less revenue and balance* 24,950.85 



Net appropriation 0.00 

*If the available balance and actual revenue is less than $24,950.85 
expenditures shall not exceed such available balance and revenue. 

Total for board of education $5,005,173.45 



1961] Chapter 225 455 

Less estimated revenue 664,593.20 



Net appropriation $4,340,580.25 



In addition to the above appropriation, said department shall receive 
tor disbursement any actual excess over the estimates in the income of 
the teachers colleges' facilities (dormitories, auditoriums and gymnasi- 
ums), tuition, practice schools, extension courses, and revenue from tui- 
tion and supplies received by the Manchester and Portsmouth technical 
institutes, provided, however, that said department may disburse any such 
excess, with the approval of the governor and council, only in connection 
with those services from which the excess arose. Any income in excess of 
$13,700.00 from the cafeteria at Manchester technical institute shall be 
available for further expenditure in connection with the cafeteria, and 
likewise any income in excess of $10,600.00 from the cafeteria at Ports- 
mouth technical institute shall be available for further expenditure in 
connection with the cafeteria. No nursery school program shall be al- 
lowed at either Keene or Plymouth teachers colleges, and no funds out of 
this appropriation or any other available funds shall be used for this 
purpose. All helping teacher positions hereinafter established shall be 
only after a majority of the school districts in the supervisory union rep- 
resenting not less than eighty-five percent of the total pupils in the super- 
visory union have voted favorably upon the establishment of the position. 
No child under five years of age shall be eligible for education by the state 
under the program for the deaf. 

For board of fire control:* 

Salary of fire marshal $8,267.95 

Other personal services: 

Permanent 17,891.01 



$26,158.96 

Current expenses 2,453.00 

Travel 4,625.00 

Equipment 1,630.00 

Total $34,866.96 



* Monthly progress reports shall be made by the board to the legis- 
lative budget assistant in such form as he may require. 

For board of probation: 

Salary of director $9,054.83 

Other personal services: 

Permanent* 173,496.05 

Other** 2,000.20 

184,551.08 



456 



Chapter 225 



[1961 



Current expenses 

Travel 

Equipment 



Total for probation 
Less refund 



14,500.00 

16,600.00 

500.00 

5216,151.08 
5,606.64 



Net appropriation $210,544.44 

*Notwithstanding the provisions of any other statute to the contrary, 
the position of assistant director shall not be filled during the fiscal year 
ending June 30, 1963. 

**In this appropriation $1,800.00 shall be for the salary of a woman 
probation officer. This position is to receive a salary increase proportion- 
ate with that granted all classified employees in labor grade 16 (laAv en- 
forcement). Funds necessary to grant this increase shall be drawn from 
the same source as all other increases so voted. 

For ^vater resources board: 

Salary of chairman $9,756.18 

Other personal services: 

Permanent 33,400.11 

Other 400.00 

Current expenses 

Travel 

Equipment 

Other expenditures: 
Maintenance of dams 
Dams in disrepair (construction)f 
Stream flow gauging 
Connecticut river valley flood control 
commission: 
Per diems and expenses of 

N. H. commission $1,200.00 

State's contribution to com- 
mission 1,000.00 



$43. 

9 



9 
10, 

21. 



556.29 

204.25 

700.00 

90.00 

000.00 
000.00 
734.00 



Total 

Merrimack valley flood control commission: 

Per diems and expenses of 

N. H. commission $1,000.00 

State's contribution to com- 
mission 4,000.00 



$2,200.00 



Total 



$5,000.00 



1961] Chapter 225 457 

Taxation re Pittsburg and Clarksville, as 

provided by RSA 481:14 (supplement) $12,500.00 

Survey and investigation re 

ground water resources 10,000.00 

Northeastern resources committee 5,000.00 



Total for water resources board $117,984.54 

Less transfer from high- 
way $6,000.00 

Less transfer from Pitts- 
burg project* 10,722.42 

Less transfer from Winni- 

pesaukee project* 5,121.60 

Less estimated revenue 1,835.00 

$23,679.02 



Net appropriation $94,305.52 



fExpenditure of these funds shall be subject to the approval of the 
governor and council. 

*Transferred by vote of the directors. 

For aeronautics commission: 
Administration: 

Salary of director $8,404.18 

Other personal services: 

Permanent 18,509.40 

Other 300.00 

$27,213.58 



Current expenses 2,950.00 

Travel 2,200.00 

Equipment 271.00 



Total $32,634.58 

Less estimated revenue 4,400.00 

Less transfer from airways toll fund 3,239.08 



Net appropriation $24,995.50 

Airways toll fund:f 

Transfer to administration $3,239.08 

Other expenditures: 

Establishment and maintenance of air 
navigation facilities on the state airways 
system 8,760.92 



Total $12,000.00 



458 Chapter 225 [1961 

Less transfer and balance 12,000.00 



Net appropriation 0.00 



Total for aeronautics commission $24,995.50 



-f-Expenditiires shall not exceed existing balance and revenue. 

For bank commissioner: 

Salary of commissioner $12,192.00 

Salary of deputy commissioner 9,642.91 
Salary of assistant commis- 
sioner 9,210.24 

Other personal services: 

Permanent 117,582.63 

Other 6,284.00 

$154,911.78 



Current expenses 22,165.00 

Travel 27,250.00 

Equipment 953.00 

Other expenditures: 

Retirement and oasi 8,248.92 



Total for bank commissioner $213,528.70 

Less revenue* 201,336.70 



Net appropriation $12,192.00 



*The bank commissioner shall collect in the manner as indicated in 
section 3 of this act, from the institutions, the condition and management 
of which he is required to examine and supervise under the provision of 
RSA 383:9 as the cost of such supervision and examination, a sum equal 
to the amoimt of the difference between the total amount appropriated 
for the bank commissioner's department and the amount designated here- 
in as the salary of the commissioner, for the fiscal year ending June 30, 
1963. Any excess collected under the provisions hereof shall be used to 
reduce the amount required to be collected from the above mentioned 
institutions in the fiscal year 1964. 

For liquor commission: 
Liquor administration: 

One-half of salaries of three 

commissioners $14,274.00 

Other personal services: 

Permanent 88,969.23 



1] 


Chapter 225 




459 


Other 




3,950.00 


$107,193.23 

29,770.00 

2,600.00 

585.00 




Current expenses 

Travel 

Equipment 






Other expenditures: 
Retirement 
Oasi 






3,200.00 
3,100.00 




Total 




$146,448.23 


ieer administration: 
One-half of salaries of three 
commissioners 


$14,274.00 







Other personal services: 
Permanent 
Other 


89,410.46 
2,425.00 


$106,109.46 

12,750.00 

22,000.00 

585.00 

3,250.00 
3,200.00 




Current expenses 

Travel 

Equipment 

Other expenditures: 
Retirement 
Oasi 


$29,227.12 
100.00 




Total 

Liquor enforcement: 
Personal services: 
Permanent 
Other 


$29,327.12 

200.00 

7,500.00 

950.00 
950.00 


$147,894.46 


Current expenses 
Travel 

Other expenditures: 
Retirement 
Oasi 


$760,483.26 
60,000.00 




Total 

Stores operation: 
Personal services: 
Permanent 
Other 


$820,483.26 


$38,927.12 



460 



Chapter 225 



[1961 



Current expenses 

Travel 

Equipment 

Other expenditures: 
Retirement 
Oasi 

Total 

W'arehouse: 

Personal services: 
Permanent 
Other 

Current expenses 
Equipment 

Other expenditures: 
Retirement 
Oasi 



Total 

Total for liquor commission 

Less revenue 



87,674.16 
5,500.00 



320,300.00 
11,000.00 
10,000.00 

23,800.00 
26,900.00 



$1,212,483.26 



$93,174.16 

10,335.00 

2,225.00 

2,750.00 
3,050.00 



Net appropriation 



$111,534.16 

$1,657,287.23 

1,657,287.23 

0.00 



For planning and development commission: 
Salary of executive director]: $10,135.90 
Other personal services: 
Permanent 
Other 



161,535.41 
12,307.28 



Current expenses 

Travel 

Equipment 

Other expenditures: 
Regional associations* 
Eastern states exposition 
Montreal office 
New York office 
Economic gro^vth survey 
Promotion, planning and advertising*** 

Total 



1183,978.59 

167,850.00 

16,000.00 

2,000.00 

27,000.00 
8,000.00 

10,500.00 

10,000.00 
3,500.00 

75,000.00 



$503,828.59 



1961] Chapter 225 461 

Geology booklets: $1,500.00 

Less revenue and balancef 1,500.00 



Net appropriation 0.00 

Vacation bulletin: $1,000.00 

Less revenue and balancef f 1,000.00 



Net appropriation 0.00 

Port authority: 
Personal services: 

Permanent++ $10,160.28 

Other — harbor masters 3,500.00 

$13,660.28 



Other expenditures: 

Expenses of the authority 4,839.72 



Total $18,500.00 

:J::|:lncluded in this amoinit is $7,290.14 for one senior industrial 
agent, and $2,870.14 for one clerk stenographer II. 

Urban planning assistance: 
Personal services: 

Other $52,000.00 

Current expenses 5,000.00 

Travel 5,000.00 

Other expenditures: 

Planning assistance - 2,000.00 



Total $64,000.00 

Less revenue** 62,000.00 



Net appropriation $2,000.00 



Total for planning and development commission $524,328.59 



;|:No amount shall be paid to an executive director of the planning 
and development commission during the biennium ending June 30, 1963, 
unless said executive director has been appointed to such position by the 
governor with the approval of the council from among those nominated 
by the commission. 

*This appropriation shall be administered by the state planning and 
development commission for the aid of the regional development associa- 
tions. Not more than $4,500.00 may be allotted by the commission to any 
one regional association whose bounds, form of organization and pro- 



462 



Chapter 225 



[1961 



gram shall have first been approved by the commission. Any unexpended 
portion of this appropriation shall not be transferred to any other state 
appropriation, but shall lapse. 

fAny revenue and balance in excess of $1,500.00 shall be available 
for such further expenditure for said purpose as the governor shall ap- 
prove. 

ffAny revenue and balance in excess of $1,000.00 shall be available 
for such fiu'ther expenditure for said purposes as the governor shall ap- 
prove. 

**Any revenue and balance in excess of this estimate shall be avail- 
able for such further expenditure for said purposes as the governor and 
council shall approve. The state's share in the above appropriation shall 
not exceed $2,000.00. 

*** No expenditure shall be made from this appropriation without 
prior approval by the governor and council. 

For public utilities commission: 
Office of the commission: 
Salaries of three commis- 
sioners 



Other personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 

Total 

Motor carriers: 
Personal services: 

Permanent 
Current expenses 
Travel 

Other expenditures: 
Retirement and oasi 

Total* 

Less revenue and balance* 

Net appropriation 



$32,844.24 

75,363.56 
1,475.00 



$109,682.80 

5,250.00 

2,500.00 

530.00 



$117,962.80 



6,734.29 
1,100.00 
1,000.00 

500.00 

9,334.29 
9,334.29 



0.00 



*Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $9,334.29 



1961] Chapter 225 463 

shall be available for such further expenditure as provided by statute and 
approved by the governor and council. 

Motor boat registration: 
Personal services: 

Permanent $36,195.96 

Other 50,000.00 

$86,195.96 

Current expenses 45,000.00 

Travel 35,400.00 

Equipment 5,775.00 

Other expenditures: 

Retirement and oasi 5,500.00 



Total** $177,870.96 

Less revenue and balance** 177,870.96 



Net appropriation 0.00 

**Expenditures in this appropriation shall not exceed revenue and 
balance. Any revenue actually received and balance in excess of $177,870.- 
96 shall be available for such further expenditure as provided by statute 
and approved by the governor and council. 

Total for public utilities commission $117,962.80 



For racing commission: 
Thoroughbred racing: 

Salary of three commissioners $6,000.51 



Other personal services: 






Permanent 


20,042.08 




Other* 


28,950.00 


$54,992.59 
4,495.00 


Current expenses 




Travel 




4,000.00 


Equipment 




65.00 


Total 


$63,552.59 


Less revenue 




63,552.59 


Net appropriation 




Harness racing: 






Personal services: 






Permanent 


$8,889.36 




Other* 


75,460.00 


$84,349.36 



0.00 



464 Chapter 225 [1961 

Current expenses 4,365.00 

Travel 12,803.00 

Equipment 600.00 



Total $102,117.36 

Less revenue 102,117.36 



Net appropriation 0.00 



Total for racing commission 0.00 



o 



*Such portion of this amount as constitutes the compensation of the 
official steward or associate judge of the state racing commission, shall be 
reimbursed to the state by the person, association, or corporation conduct- 
ing the race or meet. 

For tax commission: 
Office of commission: 

Salary of two commissioners $17,800.12 
Salary of secretary 11,068.97 

Other personal services: 

Permanent 59,968.69 

Otherf 42,174.46 

$131,012.24 



Current expenses 12,000.00 

Travel 23,700.00 

Equipment 4,100.00 



Total $170,812.24 

Less estimated revenue 47,536.66 



Net appropriation $123,275.58 

fin this appropriation $28,676.44 shall be for the salaries of six tem- 
porary property appraisers II; $7,760.22 shall be for the salaries of two 
temporary property appraisers I; $4,357.72 shall be for the salary of one 
temporary personal property appraiser; and $1,380.08 shall be for one-half 
the salary of one clerk typist II. 

Municipal accounting: 
Personal services: 

Permanent $57,744.40 

Other 2,130.08 

$59,874.48 



Current expenses 1,550.00 

Travel 5,850.00 



1961 



Chapter 225 



465 



Equipment 

Total 

Less estimated revenue 

Net appropriation 

Intangible tax: 
Personal services: 

Permanent 
Current expenses 
Travel 

Other expenditures: 
Retirement and oasi 

Total 

Less estimated revenue 

Net appropriation 

Utilities tax: 

Personal services: 

Permanent 
Current expenses 

Total 

Less estimated revenue 

Net appropriation 

Inheritance tax: 
Personal services: 
Permanent 
Other 

Current expenses 
Travel 

Total 

Tobacco products tax: 
Personal services: 
Permanent 
Other 

Current expenses 
Travel 



400.00 



$17,994.22 
5,500.00 



$29,016.89 
400.00 



$67,674.48 
30,000.00 



;18,837.84 

2,875.00 

350.00 

1,235.34 

523,298.18 
23,298.18 



$3,239.08 
100.00 

$3,339.08 
3,339.08 



$23,494.22 

2,220.00 

100.00 



$29,416.89 

11,000.00 

5,400.00 



37,674.48 



0.00 



0.00 



25,814.22 



466 Chapter 225 [1961 

Equipment 1,600.00 



Total $47,416.89 

Reimbursements to cities and towns for flood control 

purposes as provided under RSA 122f 68,000.00 

fXo part of this amount shall be transferred to any other appropria- 
tion. If this appropriation shall be insufficient to fulfill the requirements 
of RSA 122:4 relative to reimbursements to cities and towns, the tax com- 
mission may use so much as may be necessary of the funds received from 
the Commonwealth of Massachusetts under RSA 487-A:l (supplement) 
as reimbursement to the state of New Hampshire under article V of the 
Merrimack river flood control compact. 

Forest conservation aid for purposes provided under 
RSA 79 (supplement) 

Forest conservation aid $41,500.00 

Special aid for heavily timbered towns 11,500.00 



Total 53,000.00 



Total for tax commission $355,181.17 



For ^vater pollution commission: 
State funds: 

Personal services: 

Permanent $68,757.49 

Other 3,937.50 

$72,694.99 

Current expenses 7,000.00 

Travel 9,200.00 

Equipment 6,500.00 

Total $95,394.99 

Federal funds: 
Personal services: 

Permanent $12,483.32 

Other 3,000.00 

15,483.32 

Current expenses 2,066.16 

Travel 2,300.00 

Equipment 6,500.00 

Total* $26,349.48 

Less estimated revenue and balance* 26,349.48 



Net appropriation 0.00 



1961] Chapter 225 467 

*This amount available for expenditure only if funds are available 
as a federal grant. If the federal grant exceeds the above estimate, such 
excess may be expended for said purposes with the approval of the gov- 
ernor and council. 

New England interstate water pollution commission: 
Personal services: 

Other $1,000.00 

Current expenses 1,150.00 

Travel 1,300.00 



Total $3,450.00 

State aid to municipalities 169,000.00** 



Total for water pollution commission $267,844.99 



**No part of this appropriation shall be expended directly or in- 
directly for any anti-pollution or sewage disposal project that will adverse- 
ly affect or infringe upon any federal, state municipal or private property 
now designated or used for a public park or public recreation area or a 
state fish and game preserve or an accepted historical site as designated 
by the State Historical Commission, except in special circumstances of 
necessity with the approval of the governor and council. 

For civil defense: 
Personal services: 

Permanent $25,433.47 

Current expenses 5,700.00 

Travel 750.00 

Other expenditures: 

Training at federal schools 1,000.00 



Total $32,883.47 

Field staff: 

Current expenses $300.00 

Travel 3,000.00 



Total 3,300.00 



Total for civil defense $36,183.47 



For civil air patrol — current expenses $10,500.00 



For employees retirement system: 
Personal services: 

Permanent $18,925.10 



468 



Other 



Chapter 225 

4,514.00 



Current expenses 
Travel 



23,439.10 

1,677.40 

365.00 



Other expenditures: 

Normal contribution for general employees 220,650.00 



Total 

Less estimated revenue 

Net appropriation 



$246,131.50 
10,400.00 



[1961 



$235,731.50 



For firemen's retirement system 



$68,000.00 



For policemen's retirement system 



$59,000.00 



)r teachers' retirement 
Personal services: 

Permanent 

Other 


system: 
on 


$18,489.01 
4,350.00 


22,839.01 

2,505.00 

1,010.00 

500.00 

399,579.57 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Normal contributi( 





Total for teachers' retirement system 

For mental hygiene and child guidance clinics: 
State funds: 

Salary of director $10,372.18 

Other personal services: 

Permanent 47,518.23 

Other 1,500.00 

Current expenses 
Travel 

Other expenditures: 

Consultants and grants-in-aid to 
communitiesf 



59,390.41 
5,000.00 
1,300.00 



20,000.00 



$426,433.58 



Total 



$85,690.41 



1961] Chapter 225 469 

f No part of this amount shall be transferred to any other appropria- 
tion or expended for any other purpose. 



jderal funds: 








Personal services: 








Permanent 




$19,696.56 




Other 




4,078.44 


23,775.00 






Current expenses 






800.00 


Travel 






1,000.00 


Equipment 






350.00 


Other expenditures: 








Merit system 






175.00 


Retirement and oasi 






1,200.00 


Grants to communities 


for 


professional 




services 






3,500.00 


Consultants 






9,200.00 


Total* 


$40,000.00 


Less estimated revenue* 




40,000.00 



Net appropriation 0.00 

Total for mental hygiene and child guidance clinics $85,690.41 



*This amount available for expenditures only if funds are available 
as a federal grant. 

For public works division of department of public works 
and highways: 
Personal services: 

Permanent $67,282.54 

Current expenses 14,600.00 

Travel 15,000.00 

Other expenditures: 

Consultants, temporary, part time 40,000.00 

Administrative cost to dept. of public 

works and highways 5,000.00 



Total 141,882.54 

Less estimated credits 76,000.00 



Net appropriation $65,882.54 



470 Chapter 225 [1961 



^or fish and game department: 
Commission: 

Current expenses 
Travel 


$10,372.18 

44,622.85 
1,500.00 


$50.00 
2,000.00 




Total 

Administration: 
Salary of director 
Other personal services: 
Permanent 
Other 


56,495.03 

35,000.41 

1,250.00 

480.00 

23,000.00 
23,730.00 


$2,050.00 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Employees' retirement 
Oasi 


$222,896.11 
9,696.83 




Total 

Conservation officers: 
Personal services: 
Permanent 
Other 


232,592.94 
25,000.00 
80,000.00 
10,000.00 


139,955.44 


Current expensesf 

Travel 

Equipment 






Total 




347,592.94 



f No charge against this appropriation, or any other appropriation of 
the fish and game department, shall be made for telephone service for 
conservation officers, except for toll service. 



8,000.00 



Bounties: 

Other expenditures: 
Bobcat bounties 






Damage: 

Personal services: 
Permanent 
Other 


$5,059.86 
3,375.00 


$8,434.86 

5,000.00 

300.00 


Current expenses 
Travel 





1961] Chapter 225 471 

Equipment 250.00 

Other expenditures: 

Grants — damage by game 7,000.00 



Total 20,984.86 



Education: 

Personal services: 
Permanent 
Other 


$17,669.86 
500.00 


$18,169.86 

13,000.00 

3,100.00 

750.00 

3,000.00 


Current expenses 

Travel 

Equipment 

Other expenditures: 
Shows 


$232,583.74 
3,000.00 


Total 

Propagation of fish: 
Personal services: 
Permanent 
Other 


$235,583.74 

115,825.00 

8,350.00 

5,000.00 


Current expenses 

Travel 

Equipment 





38,019.86 



Other expenditures: 

Nutrition project — U.N.H. 2,000.00 

Total 366,758.74 

Propagation of game: 
Personal services: 

Permanent $16,414.70 

Other 1,000.00 

$17,414.70 

Current expenses 16,000.00 

Travel 325.00 

Equipment 2,000.00 



Total 35,739.70 

Management research: 
Personal services: 

Permanent $121,496.16 



472 



Other 

Currcnt expenses 

Travel 

Equipment 

Other expenditures: 
U.N.H. contract 
Dams 

Total 

Maintenance and construction: 
Personal services: 
Permanent 
Other 



Chapter 225 
8,812.24 



[1961 



$58,321.42 
7,000.00 



Current expenses 

Travel 

Equipment 

Other expenditures: 
Dams 
Land acquisition, pond access and 

improvements 
Fish ladders and barriers. Newfound lake 

— dam 

Total 



Total for fish and game department 
Less revenue and balance 



1130,308.40 

39,560.00 

8,975.00 

9,820.00 

10,000.00 
3,000.00 



$65,321.42 

38,750.00 

4,800.00 

9,540.00 

10,000.00 
8,000.00 
5,000.00 



201,663.40 



Net appropriation 



141,411.42 

$1,302,176.36 
1,302,176.36 

0.00 



In addition to the above appropriation, the fish and game department 
may receive for disbursement any unexpended balances from previous 
years. Such balances shall be expended imder the direction of the fish 
and game commission with the approval of the governor and coiuicil. 
Any sums actually received as revenue in excess of the estimated amoinit 
hereunder may also be expended under the direction of the fish and 
game commission with the approval of the governor and coinrcil. 

For public works and highways: 
Administration: 

Salary of commissioner $12,956.06 

Salary of deputy commissioner 11,108.24 



1961] 



Chapter 225 



473 



$2,251,494.14 

450,000.00 
250,000.00 



Salary of assistant commis- 
sioner 11,288.12 

Other personal services: 

Permanent 218,169.36 

Other 4,300.00 

Current expenses 

Travel 

Equipment 

Total 

Engineering: 

Personal services: 
Permanent 
Other: 

Consultants 
Temporary services 

Current expenses 

Travel 

Equipment 

Total 

Materials and research: 
Personal services: 

Permanent $200,281.62 

Other 16,000.00 

Current expenses 

Travel 

Equipment 

Total 

Mechanical: 

Personal services: 

Permanent $335,721.50 

Other 11,508.00 

Current expenses 

Travel 

Equipment 



$257,821.78 

82,377.00 

3,000.00 

665.00 



$2,951,494.14 

158,921.00 

189,261.41 

10,000.00 



$216,281.62 

28,000.00 

30,000.00 

1,500.00 



$347,229.50 

675,000.00 

4,000.00 

395,961.79 



$343,863.78 



3,309,676.55 



275,781.62 



Total 



1,422,191.29 



474 



Chapter 225 



[1961 



Planning and economics: 
Personal services: 
Permanent 
Other 

Current expenses 

Travel 

Equipment 



$118,713.65 
9,500.00 



$128,213.65 

15,000.00 

5,700.00 

8,960.00 



$2,811,005.02 

4,580,000.00 

85,000.00 

120,000.00 



Total 

Road maintenance: 
Personal services: 

Permanent $2,561,005.02 

Other 250,000.00 

Current expenses 

Travel 

Equipment 

Total 

Bridge maintenance: 

Personal services: 

Permanent and other $191,305.06 

Current expenses 125,000.00 

~ Travel 42,000.00 

Equipment 7,180.00 

Total 

Traffic (highway marking and roadside development): 
Personal services: 

Permanent $212,593.67 

Other 20,998.40 



Current expenses 

Travel 

Equipment 

Total 

Legislative specials: 
Retirement 
Oasi 

Maintenance class V highways 
Claims 
Roads to public waters 



$233,592.07 

245,323.70 

57,281.00 

1,200.00 



;178,300.00 

212,850.00 

205,000.00 

1,500.00 

10,000.00 



157,873.65 



7,596,005.02 



365,485.06 



537,396.77 



1961] Chapter 225 475 

Accidents and compensations 48,000.00 

Special retirement 2,064.00 

Attorney general — for legal services 28,515.00 

State police 794,153.20 

State treasury — for services 17,512.06 

Water resources — stream flow gauging 6,000.00 



Total 1,503,894.26 

Debt service 3,581,295.00 

Land and buildings 175,000.00 

Construction and reconstruction: 
Matching funds (federal aid): 

Interstate $12,600,000.00 

Primary 4,450,000.00 

Secondary 3,000,000.00 

Urban 1,147,519.00 



Total — matching fundsf $21,197,519.00 

■f No transfers shall be made from this appropriation. 

State funds: 

Trunk line reconstruction $100,000.00 

State aid reconstruction 50,000.00 

State aid construction 100,000.00 

Town road aid 1,300,000.00 

Betterments 1,250,000.00 

State aid bridge construction 150,000.00 

Town road bridge 50,000.00 

Federal lands 100,000.00 

Damage 50,000.00 



Total for construction 24,347,519.00 

Contingent fund — for construction, reconstruction and main- 
tenance. Upon request of the commissioner, and subject to approval by 
the governor and council, transfers from this appropriation may be made 
to such other operating accounts as are required to carry out the construc- 
tion, reconstruction and maintenance programs. For the foregoing pur- 
poses the commissioner, subject to governor and council approval, may 
create such new permanent engineering positions as may be necessary. 
Of this total appropriation of $1,250,000.00, $750,000.00 shall be used 
only for the purpose of implementing the salary increases as passed by the 
1961 session of the legislature. 1,250,000.00 



Total for public works and highways $44,865,982.00 



476 Chapter 225 [1961 

Less estimated revenue and balance: 

Available from estimated lapses $436,000.00 

Gasoline road toll (net) 14,805,000.00 

Motor vehicle fees (net) 6,847,973.00 

Federal aid funds (net) 15,827,009.00 

Mechanical division (garage) 1,820,000.00 

Other revenue 130,000.00 

Funds from issuance of bonds 5,000,000.00 



Total $44,865,982.00 

Net appropriation 0.00 



For eastern New Hampshire turnpike: 

Blue star memorial highway (Seabrook-Portsmouth toll road): 
Operating: 

Personal services: 

Permanent $62,048.83 

Other 43,665.60 

$105,714.43 

Current expenses 80,387.20 

Travel 4,000.00 

Equipment 970.00 



Total $191,071.63 



Maintenance: 

Personal services: 

Permanent $48,336.14 

Other 4,149.60 



$52,485.74 

Current expenses 65,112.86 

Travel 800.00 

Equipment 8,250.00 

Total 126,648.60 

Debt service: 

Bonds maturing $270,000.00 

Interest on bonds 75,040.00 



Total 345,040.00* 



Total for blue star memorial highway $662,760.23 

Less estimated revenue** $1,211,005.22 



1961] Chapter 225 477 

Transfer to Spaulding turnpike to 

cover authorized expenditures 548,244.99 

662,760.23 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
highway fund as provided by RSA 256:8. 

**Not\v ithstanding any other provisions of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the 
governor and council shall approve. 

Spaulding turnpike: 
Operating: 

Personal services: 

Permanent $63,257.96 

Other 16,728.96 

; $79,986.92 

Current expenses 75,611.28 

Travel 4,000.00 

Equipment 970.00 



Total $160,568.20 

Maintenance: 

Personal services: 

Permanent $49,176.95 

Other 6,916.00 

$56,092.95 

Current 70,000.84 

Travel 950.00 

Equipment 6,250.00 

Total 133,293.79 

Debt service: 

Bonds maturing $340,000.00 

Interest on bonds 305,450.00 



Total debt service 645,450.00* 



Total for Spaulding turnpike $939,311.99 

Less estimated revenue** $391,067.00 



478 Chapter 225 [1961 



Transfer from blue star memorial 

highway 548,244.99 



939,311.99 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
highway fund as provided by RSA 256:8. 

**Notwithstanding any other provisions of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the 
governor and council shall approve. 

Note: Any funds transferred or paid to the state police from the 
eastern and central turnpikes shall be from the appropriations made for 
said turnpikes. 

For central New Hampshire turnpike: 
Operation: 

Personal services: 

Permanent $81,529.06 

Other 14,528.64 

$96,057.70 

Current expenses 108,076.57 

Travel 3,500.00 

Equipment 2,070.00 



Total $209,704.27 

Maintenance: 
Personal services: 

Permanent $97,954.14 

Other 8,299.20 



$106,253.34 

Current expenses 263,015.55 

Travel 6,100.00 

Equipment 16,500.00 



Total 391,868.89 

Debt service: 

Bonds maturing $490,000.00 

Interest on bonds 388,350.00 



Total 878,350.00* 



Total for central New Hampshire turnpike $1,479,923.16 



1961] Chapter 225 479 

Less estimated revenue** 1,479,923.16 



Net appropriation 0.00 



*In the event revenue is insufficient to cover maintenance, operating 
and debt service, any deficit in debt service shall be covered from the 
highway fund as provided by RSA 257:7. 

**Notwithstanding any other provisions of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 
of this amount shall be available for such further expenditures as the gov- 
ernor and council shall approve. 

Note: Any funds transferred or paid to the state police from the 
eastern and central turnpikes shall be from the appropriations made for 
said turnpike. 

For Neil R. Underwood bridge: 
Operation and maintenance: 
Personal services: 

Permanent $17,816.83 

Temporary 22,584.80 

$40,401.63 



Current expenses 12,876.75 

Travel 1,200.00 

Equipment 950.00 

Other expenditures: 

Painting, underwater inspection of piers, 
and inspection and repairs of draw 
and gates 2,000.00 



Total $57,428.38 

Debt service: 

Bonds maturing $45,000.00 

Interest on bonds 4,590.00 



Total 49,590.00 



Total for Neil R. Underwood bridge $107,018.38 

Less estimated revenue* 107,018.38 



Net appropriation 0.00 



*Notwithstanding any other provision of law to the contrary, upon 
request of the commissioner, any revenue and balance actually in excess 



480 Chapter 225 [1961 

of this amount shall be available for such further expenditures as the gov- 
ernor and coiuicil shall approve. 

Total net appropriation for the fiscal year ending 

June 30, 1963 $26,112,188.85 



225:2 Appropriations Committee and Senate Finance Committee 
Authority Continued. The committee on appropriations of the House 
of Representatives and the Finance Committee of the Honorable Senate 
at the 1961 session shall continue to function with their full powers and 
duties until the last Wednesday of December 1962. Said committees and 
any subcommittees appointed by them shall meet at the call of the re- 
spective chairmen thereof at such times and places as he shall designate. 

225:3 Procedure for Collections from Banking Institutions. The 

bank commissioner in making the collections for the cost of examination 
and supervision from the institutions, the condition and management 
of which he is required to examine and supervise under RSA 383:9 shall 
follow the following procedure: 

I. The bank commissioner shall collect from each institution as 
the cost of examination a per diem salary charge computed as the average 
daily rate of all examining personnel for the number of man days devoted 
to the examination of each institution. No institution shall pay less than 
one per diem. Each institution shall pay its cost of examination to the 
state unthin thirty days after receipt by it of notice of such cost. 

II. The balance of the sum to be collected by the bank commis- 
sioner remaining after crediting the amounts collected under paragraph 
I shall be collected in the following manner. Each institution required 
to be examined under the provisions of RSA 383:9 shall pay to the state 
within thirty days after receipt by it of notice of assessment such propor- 
tion of said balance so collectible as its assets bear to the total assets of all 
such institutions as shown by their reports to the bank commissioner as 
of the thirtieth day of June preceding such payments. 

225:4 Bond Issue Authorized. To provide funds for the purpose of 
construction and reconstruction of highways, the state treasurer is hereby 
authorized, under the direction of the governor and council, to borrow 
upon the credit of the state in a sum not exceeding five million dollars, 
and for that purpose may issue bonds or notes in the name and on behalf 
of the state. Such bonds shall be deemed a pledge of the faith and credit 
of the state. The interest and principal due on bonds or notes issued 
under this act shall be paid from motor vehicle road tolls as provided in 
RSA 265:6. Monies received from the bond issue are to be expended 
under the direction of the commissioner of public works and high^vays. 

225:5 Form; Proceeds of Sale. The governor and council shall de- 
termine the form of such bonds or notes, their rate of interest, the dates 



1961] Chapter 225 481 

when interest shall be paid, the dates of maturity, the places where prin- 
cipal and interest shall be paid, and the time or times of issue. Such bonds 
or notes shall be signed by the state treasurer and countersigned by the 
governor. The state treasurer may sell such bonds or notes inider the 
direction of the governor and council. The governor is authorized to 
dra^v his ^varrants for the sum hereinbefore appropriated for the purposes 
of this act out of the proceeds of the sale of said bonds or notes. 

225:6 Accounts. The secretary of state shall keep an accoimt of all 
such bonds or notes showing the number and amount of each, the time 
of countersigning, the time when payable, and the date of delivery to 
the state treasurer. The state treasurer shall keep an account of each 
bond or note showing the number and amount thereof, the name of the 
person to whom sold, the amount received for the same, the date of sale, 
and the time when payable. 

225:7 Short Term Notes. Prior to the issuance of the bonds here- 
under, and in anticipation of the collection of revenue hereunder, the 
state treasurer, under the direction of the governor and council, may for 
the purposes hereof borro^v money from time to time on short-term notes, 
to be refunded by the issuance of the bonds hereunder. Provided, how- 
ever, that at no time shall the indebtedness of the state on such short-term 
notes exceed the sum of five million dollars. 

225:8 Continuing Appropriation. The monies provided in section 
3 hereof shall be a continuing appropriation and shall not lapse. 

225:9 Rights of Employees Whose Positions are Abolished. Not- 
withstanding the provisions of any other statute, classified state employees 
with fifteen or more years of state service whose positions are abolished 
as a result of this act may elect to leave their accrued contributions in 
the employees retirement fund, and in such event be entitled to all em- 
ployee benefits upon reaching retirement age based upon the actual pro- 
portion of time worked provided that they are members of the employees 
retirement system as of the effective date of this act. 

225:10 Employment Preferences. Any permanent classified em- 
ployee whose position in state service is abolished as a result of this act 
shall be given absolute employment preference to positions for ^vhich 
he is qualified during a one year period following the abolition of his 
position. Should such employee so certified by the department of person- 
nel not be acceptable to the appointing authority, exceptions to this 
provision may be made only after reasonable cause is given the director 
of personnel with a copy of said reasons furnished the employee. Em- 
ployees so wishing may appeal such action to the personnel commission. 

225:11 Notices Required. Appointing authorities in those depart- 
ments and institutions having permanent positions that have been abol- 
ished as a result of this act shall give written notice to the employees af- 



482 Chapter 226 [1961 

tected ^vithin five calendar days of the effective date of this act. Employees 
to be laid off may exercise bumping privileges over employees having 
less seniority in accordance with the rules of the personnel commission 
provided, however, that final determination of these employees to be 
displaced shall be made not later than nineteen calendar days after the 
effective date of this act. Employees who are to be ultimately laid off may 
remain on the payroll for not longer than sixty calendar days after the 
effective date of this act unless they elect to terminate their services with 
the respective state agency in which they are employed. 

225:12 In addition to any sum hereinabove appropriated for the 
office of the secretary of state there is hereby appropriated $2,600.00 for 
the employment of Benjamin F. Greer, clerk of the senate, during the 
period from July 1, 1961 to Dec. 31, 1962 at the rate of $200.00 bi-weekly. 
The services of said Benjamin F. Greer shall be available to interim legis- 
lative committees and to the secretary of state's department. The sum 
hereby appropriated shall be a charge on the legislative appropriation. 

225:13 Teachers Colleges. There is hereby appropriated in addi- 
tion to any sum hereinabove appropriated for the board of education for 
the purposes of instruction at Keene and Plymouth teachers colleges and 
the two New Hampshire technical institutes the sum of $25,000.00. 

Included in this appropriation is the amount of $8,600 for Plymouth 
Teachers College, $11,000 for Keene Teachers College, $3,600 for the 
Manchester Technical Institute, and $1,800 for the Portsmouth Tech- 
nical Institute to provide temporary salary adjustments for classified 
faculty personnel. Such personnel will receive a temporary increase of 
S200 above their classified salary grade commencing September 1, 1961 
and ending June 30, 1963. Excluded from this section will be any em- 
ployee whose position does not entail full time teaching responsibilities 
or the supervision of teaching or student personnel. 

225:14 Takes effect. This act shall take effect as of July 1, 1962. 
[Approved June 30, 1961.] 
[Effective date July 1, 1962.] 



CHAPTER 226. 

AN ACT RELATIVE TO EDUCATION FOR INTELLECTUALLY RETARDED CHILDREN. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

226:1 Intellectually Retarded Children. Amend RSA 186 by insert- 
ing after section 50-c (supp) as inserted by 1957, 196:1 the following new 
subdi\ision: 



1961] Chapter 226 

Intellectually Retarded Children 

186:50-d Definition. Intellectually retarded children are children 
who are not capable of profiting from the general educational program of 
the public schools. Of these children two groups are capable of profiting 
from specialized group instruction: (a) educable intellectually handi- 
capped, who, at maturity, cannot be expected to attain a level of intel- 
lectual functioning greater than that commonly expected from an eleven' 
year old, but not less than that of a seven year old; (b) trainable intel- 
lectually handicapped, who, at maturity, cannot be expected to attain a 
level of intellectual functioning greater than commonly expected of a 
seven year old and who, for entrance into a training program, are capable 
of walking, of clean bodily habits and of obedience to simple commands. 

186:50-e Establishment of Classes. A school district may establish 
for these children classes as approved by the state board of education, or 
may pay tuition to such an approved class maintained by another school 
district or by a private organization. Eligibility for this type of special 
education shall be determined by the school board under regulations 
promulgated by the state department of education. 

186:50-£ Costs. The state shall pay to a school district a portion of 
the cost of the education of each child in an approved class at the rate of 
one-half the state average cost per pupil for elementary pupils as deter- 
mined by the state board of education imder the provisions of RSA 193:4 
for each resident pupil in average daily membership. 

186:50-g Tuition. School districts maintaining special classes ap- 
proved for the education of intellectually retarded children may charge 
tuition at a rate higher than the limit established by RSA 193:4, provided 
the tuition rate is approved by the state board of education. 

226:2 Appropriation. The smn of $50,000 is hereby appropriated 
for the fiscal year ending June 30, 1962, and the sum of $75,000 for the 
fiscal year ending June 30, 1963. Any amount not expended in the first 
year of the biennium may be expended during the second year if needed 
to carry out the provisions of this act. The sums hereby appropriated shall 
be expended by the state board of education for the purposes stated in, 
this act. If, in any year the amount appropriated for distribution to school 
districts under this section is insufficient therefor, the appropriation shall 
be prorated proportionately among the districts entitled to a grant. 

226:3 Repeal. RSA 186:50-a to 50-c (supp) as inserted by 1957, 
196:1, relative to intellectually retarded children, are hereby repealed. 

226:4 Takes Effect. This act shall take effect as of July 1, 1961. 
[Approved June 30, 1961.] 
[Effective date July 1, 1961.] 



484 Chapter 227 [1961 

CHAPTER 227. 

AN ACT ESTABLISHING THE PENALTY FOR COLLUSIVE BIDDING ON CONTRACTS 
FOR PUBLIC WORKS OR PURCHASE. 

Be it Enacted by tJie Seriate and House of Representatives in General 
Court convened: 

227:1 Collusive Bidding. Amend RSA 580 by inserting after section 
30 the following new subdivision: 

Collusive Bidding 

580:31 Penalty. Any person or corporation who wilfully, knowingly, 
and -^vith intent to defraud makes or enters into a contract, agreement, 
arrangement or combination to submit a fraudulent or collusive bid or 
to refrain from submitting a bona fide competitive bid to any depart- 
ment, board or agency of the state of New Hampshire or any political 
subdivision thereof on a contract for public works or purchase of equip- 
ment, supplies or other personalty, shall be fined not more than five thou- 
sand dollars or imprisoned for not more than two years. 

227:2 Takes Effect. This act shall take effect sixty days after passage. 
[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 228. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

228:1 Weekly Benefit Amount. Amend paragraph (1) of RSA 282:2- 
B (supp) as amended by 1955, 7:1 and 1959, 28:1 and 1961, 88:7 by strik- 
ing the whole of the same and inserting in place thereof the following: 
(1) Each eligible individual who is totally unemployed in any week shall 
be paid with respect to such week benefits in the amount shown in column 
B of the schedule delineated in this paragraph on the line on which in 
column A there is indicated the individual's annual wage class except as 
otherwise provided in paragraph (2) of this subsection. The maximum 
total amount of benefits payable to any eligible individual during any 
benefit year shall be the amount shown in column C of the schedule de- 
lineated in this paragraph on the line on which in column A there is in- 
dicated the individual's annual wage class except as other^vise provided in 
paragraph (2) of this subsection. 



1961] 



Chapter 228 



485 



A B C 

Annual Earnings in an amount less than indi- Weekly Maximum 

cated in each wage class below and of which benefit benefits 
in each of two calendar quarters there must be amount 
earnings of not less than one hundred dollars 

$600 $12 $312 

700 13 338 

800 14 364 

900 15 390 

1000 16 416 

1100 17 442 

1200 18 468 

1300 19 494 

1400 20 520 

1500 21 546 

1600 22 572 

1700 23 598 

1800 24 624 

1900 25 650 

1950 26 676 

2000 27 702 

2100 28 728 

2200 29 754 

2300 30 780 

2400 31 806 

2500 32 832 

2600 33 858 

2700 34 884 

2750 35 910 

2800 36 936 

2850 37 962 

2900 38 988 

2950 39 1014 

3000 40 1040 



228:2 Minimum Earnings. Amend paragraph (2) of RSA 282:3-D 
(supp) as amended by 1955, 141:8 by striking out the whole of the same 
and inserting in place thereof the following: (2) Unless he has annual 
earnings of not less than six hundred dollars when section 2-B (1) of this 
chapter is applicable and annual earnings of not less than four hundred 
dollars when section 2-B (2) of this chapter is applicable, of which in each 
of two calendar quarters he must have earned not less than one hundred 
dollars, within the base period. 

228:3 Maximum Entitlement, For the purpose of determining 
maximum benefit entitlement under section 1 of this act benefits paid to 
an individual with respect to weeks occurring between March 31, 1961 



486 Chapter 229 [1961 

and September 4, 1961 shall be deemed to have been paid at the rates as 
provided in said section 1. 

228:4 Takes Effect. This act shall take effect as of September 4, 1961. 
[Approved June 30, 1961.] 
[Effective date September 4, 1961.] 



CHAPTER 229. 

AN ACT RECLASSIFYING CERTAIN HIGHWAYS IN ROLLINSFORD. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

229:1 Reclassification. The following two sections of Class V, town 
maintained highways in Rollinsford, are hereby reclassified to Class II 
unimproved secondary system highways. 

I. The Class V section of the Roberts Road, so-called, bes^innins: at 
its junction with Route N. H. 4 and running to the end of the existing 
Class II state maintained section thereof, a distance of approximately 
0.65 miles. 

II. The Class V section of Front Street in the village of Salmon 
Falls beginning at the corner of Main Street Class II state maintained 
highway and running to the Maine state line, including the state line 
bridge thereon over the Salmon Falls River, a total distance of approxi- 
mately 0.1 miles. 

229:2 Takes Effect. This act shall take effect sixty days after passage. 
[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 230. 

AN ACT RELATIVE TO BONDS FOR PUBLIC WORKS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

230:1 Notice of Claim. Amend RSA 447:17 by striking out said 
section and inserting in place thereof the following: 447:17 Notice. To 
obtain the benefit of the bond, any person, firm or corporation having 
any claim for labor performed, materials, machinery, tools, or equipment 
furnished as aforesaid shall, within ninety days after the completion and 



1961] Chapter 231 487 

acceptance of the project by the contracting party, file in the office of the 
secretary of state, if the state is a contracting party, or with the department 
of public works and highways, if the state is a party to said contract by or 
through said department, or in the office of the clerk of the superior court 
for the county within which the contract shall be principally performed, 
if any political subdivision of the state is a contracting party, a statement 
of the claim; a copy of ^vhich shall forthwith be sent by mail by the office 
where it is filed to the principal and surety. 

230:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 231. 

AN ACT RELATIVE TO TEACHING PERSONS TO DRIVE. 

Be it Enacted by the Senate and House of Representatives in General 
Court cojivened: 

231:1 Learners. Amend RSA 261:14 by inserting after the word 
"shall" in line eight thereof the follo^ving, be twenty-one years of age or 
older and shall, so that said section as amended shall read as follows: 
261:14 — Exception. The provisions of the preceding section shall not 
prevent the operation of a motor vehicle by unlicensed persons, ^vhile 
being taught to operate, "vvhen accompanied by a person holding a com- 
mercial operator's license or an operator's license ^vho is actually occupy- 
ing the seat beside the person who is being taught to operate, excepting 
only persons ^vho have been licensed and whose licenses have been sus- 
pended for cause and persons less than sixteen years of age; but said 
persons holding commercial operators' licenses or operators' licenses shall 
be twenty-one years of age or older and shall be liable for the violation 
of any provision of this title or any regulations made in accordance there- 
with committed by such unlicensed operator. 

231:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 30, 1961.] 
[Effective date June 30, 1961.] 



CHAPTER 232. 

AN ACT RELATIVE TO APPOINTMENT OF BALLOT INSPECTORS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

232:1 Ballot Inspectors. Amend RSA 59:30 (supp) as amended by 
1959, 280:1 by striking out in lines one and two thereof the following. 



488 Chapter 233 [1961 

"After holding a caucus as provided by RSA 56:73 or RSA 56:87," so 
that said section as amended shall read as follows: 59:30 Appointment. 
Each to^vn and ^vard political committee of the two political parties 
which cast the largest number of votes for governor in the state at the 
last previous biennial election are authorized between October 1 and 
October 10 of each biennial election year to appoint as additional election 
officers to act with the clerk, moderator and selectmen at each polling 
place, two inspectors of election. Provided that if the number of voters 
qualified to vote at a polling place shall exceed two thousand, said politi- 
cal committees may each appoint for such polling place one additional 
inspector for each fifteen hundred qualified voters, or fraction thereof in 
excess of two thousand. The chairmen of said political committees shall, 
on or before October 12, notify said appointees and the tou-n or ^vard 
clerk and city clerk concerned as to appointments made under the forego- 
ing authority. Provided that if any such appointments are not made by 
said political committees and proper notification thereof given on or be- 
fore October 12, in a particular town or ward, then the appointments shall 
be made by the selectmen of the town or ward concerned. 

232:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 233. 

AN ACT TO GRANT TAX EXEMPTION TO NATIONAL VETERANS ASSOCIATIONS. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

233:1 Tax Exemption. Amend RSA 72:23-a (supp) as inserted by 
1957, 202:4 by striking out the word "and" in the fourth line and insert- 
ing in said line four after the words Disabled American Veterans, the 
following, and any other veterans organization incorporated by Act of 
Congress or of its departments or local chapters or posts, so that said sec- 
tion as amended shall read 72:23-a Veterans Organization. The real 
estate and the personal property owned, occupied and used directly by 
the Grand Army of the Republic, the United Spanish War \^eterans, 
\'eterans of Foreign Wars, the American Legion, the Disabled American 
V^eterans and any other veterans organization incorporated by Act of 
Congress or of its departments or local chapters or posts, shall be exempt 
from taxation. 

233:2 Report Required. Amend RSA 72:23-c (supp) as inserted by 
1957, 202:4 by striking out the word "and" in the fourth line and inserting 



1961] Chapter 234 489 

in said line four after the words "Red Cross" the following, and any other 
national veterans association, so that said section as amended shall read 
72:23-c Annual List. Every religious, educational and charitable organ- 
ization and the Grand Army of the Republic, the United Spanish War 
Veterans, Veterans of Foreign Wars, the American Legion, the Disabled 
American \^eterans, The American National Red Cross and any other 
national veterans association shall annually, on or before April fifteenth, 
file a list of all real estate and personal property owned by them on which 
exemption from taxation is claimed, upon a form prescribed and pro- 
vided by the tax commission, ^vith the selectmen or assessors of the place 
where such real estate and personal property are taxable. A copy of such 
list shall at the same time be filed with the state tax commission, which 
shall be a public record. If any such organization or corporation shall wil- 
fully neglect or refuse to file such list upon request therefor, the selectmen 
may deny the exemption. 

233:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 234. 

AN ACT RELATIVE TO INSURANCE BROKERS FEES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

234:1 Fees. Amend RSA 405 by inserting after section 37 thereof, 
the following new section: 405:38 Fees. No fee for the license aforesaid 
shall be required of any agent of an insurance company whose license fees 
as such asrent amount to ten dollars; and in case his license fees as such 
agent are less than ten dollars, then he shall be required to pay such 
amoiuit as ^vith such fees shall amoinit to ten dollars. 

234:2 Takes Effect. This act shall take effect upon its passage. 
[Approved Jime 30, 1961.] 
[Effective date Jime 30, 1961.] 



CHAPTER 235. 

AN ACT RELATING TO FRATERNAL BENEFIT SOCIETIES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

235:1 Amount of Benefits. Amend RSA 418:5 by inserting after the 
word "accident" in the eighth line the words, and may provide for the 



490 Chapter 235 [1961 

payment of individual policies of hospital, medical or nursing benefits 
due to sickness or bodily infirmity or accident, subject to all of the pro- 
visions of chapter 415 of the insurance la^vs of this state which in the 
judgment of the commissioner of insurance should be applicable to cer- 
tificates providing for such benefits, and by inserting after the ^vord 
"made" in the eleventh line the words, provided, however, that any such 
society having a solvency of at least one hundred and five per cent, as 
determined by a competent actuary approved by the insurance commis- 
sioner, may provide for the payment of benefits in a sum exceeding ten 
thousand dollars, so that said section as amended shall read as follows: 
418:5 Benefits. Any such society authorized to do business in this state 
shall provide for the payment of death benefits, in a sum not exceeding 
ten thousand dollars to any person, including double indemnity in case 
of accidental death, and may issue to its members term, life, and endow- 
ment certificates and combinations thereof, including double indemnity 
in case of accidental death, and may provide for the payment of benefits 
in case of temporary or permanent disability as the result of disease or 
accident and may provide for the payment of individual policies of hos- 
pital, medical or nursing benefits due to sickness or bodily infirmity or 
accident, subject to all of the provisions of chapter 415 of the insurance 
laws of this state ^vrhich in the judgment of the commissioner of insurance 
should be applicable to certificates providing for such benefits; and may 
grant loans, ^vithdra^val equities, and such non-forfeiture options as its 
laws may permit, provided such grants shall in no case exceed in value 
the portion of the reserve to the credit of the certificate on Avhich the same 
are made; provided, however, that any such society having a solvency of 
at least one hundred and five per cent, as determined by a competent 
actuary approved by the insurance commissioner, may provide for the 
payment of benefits in a sum exceeding ten thousand dollars. Any such 
society may provide for inonuments or tombstones to the memory of de- 
ceased members and may also provide for payment of funeral benefits in 
a sum not exceeding three hundred dollars to any person equitably en- 
titled thereto by reason of having incurred expense by the burial of the 
member. 

235:2 Licensing Provisions. Amend RSA 418 by inserting after 
section 5 thereof the follo-vving new section: 418:5-a Licensing of Agents. 
L The phrase "company" or "life insurance company", as used in RSA 
408:5 shall be deemed to include fraternal benefit societies, whether for- 
eign or domestic. II. Any agent of a fraternal benefit society, whether 
foreign or domestic, who shall so act within this state, shall be licensed 
by the insurance commissioner in accordance with the provisions of RSA 
402:15-23. III. Any person who acts in violations of this section shall, in 
addition to any penalties or forfeiture within the power of the insurance 
commissioner, be subject to the provisions of RSA 408:8. 



1961] Chapter 236 491 

235:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 236. 

AN ACT TO CORRECT THE REFERENCE IN THE STATUTES TO THE STATE 
DEPARTMENT OF HEALTH LABORATORY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

236:1 Amend RSA 61 1:22 by striking out the words "state laboratory 
ot hygiene" and inserting in place thereof the Av^ords, state department of 
health laboratory, so that said section as amended shall read as follows: 
611:22 Duty of State Pathologist, etc. Whenever the attorney-general or 
a county attorney required expert investigation, either chemical or patho- 
logical, of any substance or article preserved from an autopsy or for use 
in any criminal cause pending within their respective jurisdictions, such 
investigations may be made at the state department of health laboratory, 
without charge or expense to the state or comity, and the expert making 
such investigation shall submit a report of the results of his ^vork to the 
attorney-general or county attorney requesting it. 

236:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 237. 

AN ACT RELATING TO FIRE PREVENTION IN NURSING HOMES. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

237:1 Nursing Homes Fire Protection Regulations and Inspection. 

Amend RSA 151:9 by inserting in line eight thereof after the word "in- 
terest" the following, ; excepting, however, the state board of fire control 
may in accordance with the provisions of chapter 153 RSA adopt, promul- 
gate, modify, amend, rescind, supervise and enforce rules, regulations and 
standards and supervise and enforce all laws, relative to the protection 
of life and property from fire, fire hazards and related matters; and it 



492 Chapter 238 [1961 

may prescribe, make or cause to be made inspections relative to such 
matters, so that said section as amended shall read as follows: 151:9 Rules 
and Regulations. The state department of health with the advice of 
the hospital advisory coiuicil shall adopt, promulgate and enforce rules, 
regulations and standards with respect to the different types of hospitals 
and related institutions to be licensed hereunder as may be designed to 
further the accomplishment of the purposes hereof as herein set forth; 
such rides, regulations and standards shall be modified, amended or 
rescinded from time to time by said department with the advice of the 
hospital advisory coinicil as may be in the public interest; excepting, 
however, the state board of fire control may in accordance with the pro- 
visions of chapter 153 RSA adopt, promulgate, modify, amend, rescind, 
supervise and enforce rules, regulations and standards and supervise and 
enforce all laws, relative to the protection of life and property from fire, 
fire hazards and related matters; and it may prescribe, make or cause to 
be made inspections relative to such matters. No such rules, regulations 
or standards shall be adopted or enforced which would have the effect of 
denying a license to a hospital or other institution required to be licensed 
hereunder, solely by reason of the school or system of practice employed 
or permitted to be employed by physicians therein; provided that such 
school or system of practice is recognized by the laws of the state. Pro- 
vided, however, that no regulation or requirement shall be made nor 
standard established under this act for any hospital or related institution 
conducted for those who rely upon treatment by spiritual means or prayer 
in accordance ^vith the creed or tenets of any Avell recognized church or 
religious denomination, except as to the sanitary and safe conditions of 
the premises, cleanliness of operation, and its physical equipment. 

237:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 238. 

AN ACT RELATIVE TO TRESPASSING ON UNCULTIVATED LAND. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

238:1 Trespass. Amend RSA 572 (supp) by inserting after section 15 
the following new section: 572:15-a Penalty, Uncultivated Land. No 

owner of uncultivated land shall post more than fifty acres of said land, 
and no more than five hundred yards of said posted land shall be located 
along a public highway, and whoever without right enters upon such 



1961] Chapter 239 493 

uncultivated land posted as provided in section 16 shall be guilty of a 
misdemeanor, and if convicted shall be fined not more than fifty dollars. 

238:2 Posting. Amend RSA 572:16 (supp) as amended by inserting 
in line one thereof after the figure "15" the following, and 15-a, so that 
said section as amended shall read as follows: 572:16 Notices to Public. 
The notices referred to in section 15 and 15-a shall conform to the follow- 
ing requirements: Posting notices shall be of durable material with the 
words NO HUNTING or TRESPASSING, printed with block letters 
not less than two inches in height, and shall contain also the name and 
address of the o^vner or lessee of such land. Such signs shall be not more 
than one hundred yards apart and shall be posted also at the gates, bars 
and commonly used entrances, except that signs used for posting land 
within two hundred yards of a building may be in block letters not less 
than one and one-half inches in height and may omit the words "NO 
HUNTING or" and may omit the address of the owner or lessee. Nothing 
herein contained shall prevent any owner from adding to the language 
herein required such additional warning words as "children," "inhabited 
house nearby," "live-stock," etc. 

238:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 30. 1961.] 
[Effective date August 29, 1961.] 



CHAPTER 239. 

AN ACT RELATIVE TO THE MILITARY STAFF OF THE GOVERNOR. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

239:1 Reserve Components. Amend subsection I of RSA llO-A-7 
by striking out said subsection and inserting in place thereof the follow- 
ing: 

I. The military staff of the governor shall consist of the adjutant 
general who shall be the chief of staff and twelve aides-de-camp, four 
whom shall be detailed from the national guard and four appointed from 
the reserve components of the armed forces of the United States. The re- 
maining four may be appointed from officers or former officers of the 
United States army, navy, marine corps, coast guard or air force, or of the 
national guard or of the various officers' reserves components or from ci\il 
life. 

239:2 Takes Effect. This act shall take effect upon its passage. 
[Aproved June 30, 1961.] 
[Effective date June 30, 1961.] 



494 Chapter 240 [1961 

CHAPTER 240. 

AX ACT PROVIDING FOR THE ELECTION OF COUNTY COMMISSIONERS FOR THE 
COUNTY DISTRICTS OF MERRIMACK COUNTY. 

Be it Enacted by the Senate and House of Representatives in General 
Court convened: 

240:1 County Commissioners, Election. Amend RSA 64:1 (supp) 
as amended by 1955, 261:1, 1955, 317:1 and 1961, 59:1 by inserting after 
the Avord "Grafton" the word, Merrimack, so that said section as amended 
shall read as follows: 61:1 Election; Term. There shall be chosen at 
each biennial election by ballot, by the inhabitants of the several towns 
m each county qualified to vote for state senators, a sheriff, a county at- 
torney, a county treasurer, a register of deeds, a register of probate and 
three county commissioners, each of "whom shall take office on January 
first next succeeding his election, and shall hold the same for two years 
and until his successor is chosen and qualified, provided, however, that in 
the counties of