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LAWS 


of  the 

STATE  OF  NEW  HAMPSHIRE 

PASSED  JANUARY  SESSION,  1963 

LEGISLATURE  CONVENED  JANUARY  2,  1963 

ADJOURNED  JULY  2,  1963 


CONCORD,  N.  H. 
1963 


^m 


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Printed  by 

Evans  Printing  Company,  Inc. 

Concord,  N.  H. 

Boimd  By 

NEAL  PRINTING  AND  BINDING  CO. 

Dover,  N.  H. 


STATE    OFFICERS 


Governor    John  W.  King 

Councilors John  P.  Bowler 

Fred  W.  Hall,  Jr. 
Emile  Simard 
Fred  Fletcher 
James  H.  Hayes 

Secretary  of  State Robert  L.  Stark 

Deputy  Secretary  of  State Edward  C.  Kelley 

Treasurer    Alfred  S.  Cloues 

Deputy  State  Treasurer Robert  W.  Flanders 

Adjutant  General   Francis  B.  McSwiney 

Comptroller    Leonard  S.  Hill 

Director  of  Accounts Norval  D.  Lessels 

Director  of  Purchase  and  Property  Richard  N.  Peale 

Business  Supervisor Walter  F.  Mead 

Assistant  Business  Supervisor Ralph  E.  Brickett 

Director    of    Division    of    Records 

Management  and  Archives Edwin  H.  Hunt 

Aeronautics  Director Roger  J.  Crowley,  Jr. 

Agriculture  Commissioner Frank  T.  Buckley 

State  Entomologist    James  G.  Conklin 

State  Veterinarian   Robinson  W.  Smith 

Milk  Control  Board   Evelyn  Brooks 

Arthur  J.  Chaput 
Alfred  T.  Pierce 

Attorney-General   William  Maynard 

Deputy  Attorney-General Elmer  T.  Bourque 

Assistant  Attorneys-General Frederic  T.  Greenhalge 

William  J.  O'Neil 
Alexander  J.  Kalinski 
William  F.  Cann 
Ronald  H.  Bean 
Robert  W.  Moran 

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

Bank  Commissioner   Harrison  S.  King 

Deputy  Bank  Commissioner James  W.  Nelson 

Assistant  Bank  Commissioner  ....        Arlan  S.  MacKnight 


vi  State  Officers 

Cancer  Commission Joseph  W.  Epply 

Warren  F.  Eberhart 
James  W.  Jameson 
Frances  Adams 
Joseph  N.  Friborg 
Frank  W.  Lane,  Jr. 

Civil  Defense  Director Francis  B.  McSwiney 

Education  Commissioner Paul  E.  Farnum 

Director  of  New  Hampshire  Tech- 
nical Institutes  and  Chief,  Divi- 
sion of  Vocational  Education   . .        Earl  H.  Little 

Employment   Security    Commissioner       Benjamin  C.  Adams 

Fish  and  Game  Director Ralph  G.  Carpenter,  2nd 

Health  and  Welfare  Commissioner  . .  James  J.  Barry 

Mental  Health  Director John  L.  Smalldon,  M.D. 

Public  Health  Services  Director  . .  Mary  M.  Atchison,  M.D. 

State  Sanatorium  Superintendent  .  Francis  J.  Kasheta,  M.D. 

New  Hampshire  Hospital  Superin- 
tendent      John  L.  Smalldon,  M.D. 

Laconia  State  School  Superintend- 
ent      Arthur  E.  Toll 

Registrar  of  Vital  Statistics Marian  Maloon  Colby 

Veterans'  Council  State  Director Charles  R.  Cunningham 

Industrial  School  Superintendent  . . .        Michael  Morello 

Prison  (State)  Warden   Parker  L.  Hancock 

Insurance  Commissioner   Donald  Knowlton 

Deputy  Insurance  Commissioner  .       Simon  M.  Sheldon 

Judicial  Council Robert  E.  Earley 

Frank  R.  Kenison 
John  H.  Leahy 
Harry  C.  Lichman 
Robert  W.  Upton 
Maurice  F.  Devine 
Edward  J.  Gallagher 
H.  Thornton  Lorimer 
John  H.  Ramsey 

Labor   Commissioner    Robert  M.  Duvall 

Deputy  Labor  Commissioner Ruth  G.  Morgan 

Librarian  (State)   Mildred  Peterson  McKay 

Assistant  Librarian   Emil  W.  Allen,  Jr. 


State  Officers  vii 

Liquor  (State)  Commission   Arnold  T.  Clement 

Marye  Walsh  Caron 
Costas  S,  Tentas 

Personnel  Commission  Director  ....        Roy  Y.  Lang 
Deputy   Director    James  D.  Bell,  Jr. 

Public  Utilities  Commission   Edward  R.  Thornton 

Charles  F.  Stafford 
Frederick  N.  Clarke 

Public  Works  and  Highways  Commis- 
sioner          John  O.  Morton 

Deputy  Public  Works  and  High- 
ways Commissioner Robert  H.  Whitaker 

Assistant  Commissioner   Johi^  T.  Flanders 

Racing  (State)  Commission Emmet  J.  Kelley 

Lyle  E.  Hersom 
Kenneth  E.  Shaw 

Resources  and  Economic  Develop- 
ment Commissioner John  F.  Rowe 

Director  of  Division   of  Resources 

Development     William  H.  Messeck,  Jr. 

Director  of  Division   of  Economic 

Development     Allan  V.  Evans 

Director  of  Division  of  Parks Russell  B.  Tobey 

Safety  Department  Commissioner  .  .  .  Robert  W.  Rhodes 

Division  of  Motor  Vehicles  Director  Ralph  V.  Gould 

Road  Toll  Administrator John  J.  Mara 

Financial  Responsibility  Adminis- 
trator      Clarence  E.  Bartlett 

State  Police  Division  Director  ....  Joseph  L.  Regan 

Division  of  Safety  Services  Director  Clifton  W.  Smith 

State  Buildings  &   Grounds  Superin- 
tendent            Wayne  B.  Elwell 

Sweepstakes  Commission  Director  .  .  .        Edward  J.  Powers 

Water  Resources  Board  Chairman  .  .        Walter  G.  White 

Fire  Marshal  (State) Aubrey  G.  Robinson 

Tax  Commission  (State)  Secretary  . . .        Lawton  B.  Chandler 
Tax  Commission  Chairman Oliver  W.  Marvin 


viii  Courts 


SUPREME    COURT 

Chief  Justice    Frank  R.  Kenison 

Associate  Justices Amos  N.  Blandin,  Jr. 

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

State  Reporter  and  Clerk  of  Supreme 

Court    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 
Martin  F.  Loughlin 


THE    LEGISLATURE    OF    1963 

SENATE 

President — Philip  S.  Dunlap,  Hopkinton 
Clerk — Benjamin  F.  Greer,  Manchester 
Counsel  to  the  Senate — Arthur  G.  Marx,  Alstead 
Senate  Recorder — Esther  T.  Hurd,  Concord 
Sergeant-at-Arms — Nathan  A.  Tirrell,  Goffstown 
Messenger — Charles  E.  Woodbury,  Hooksett 
Asst.  Messenger — Maurice  F.  Youmans,  Warner 
Doorkeeper — Daniel  F.  Cronin,  Manchester 


SENATORS 


Laurier  Lamontagne,  Berlin 
Arthur  M.  Drake,  Lancaster 
Lester  F.  Mitchell,  Sr.,  Campton 
Forrest  W.  Hodgdon,  Tuf  tonboro 
Robert  S.  Monahan,  Hanover 
Edith  B.  Gardner,  Gilford 
Nelson  E.  Howard,  Franklin 
Margaret  B.  DeLude,  Unity 
Philip  S.  Dunlap,  Hopkinton 
Arthur  Olson,  Jr.,  Keene 
Robert  English,  Hancock 
Nelle  L.  Holmes,  Amherst 


Louis  W.  Paquette,  Nashua 
Russel  R.  Carter,  Hooksett 
Herbert  W.  Rainie,  Concord 
Samuel  Green,  Manchester 
Louis  L  Martel,  Manchester 
Paul  E.  Provost,  Manchester 
Kenneth  E.  Hartman,  Deny 
Louis  P.  Chasse,  Somersworth 
Paul  G.  Karkavelas,  Dover 
Nathan  T.  Battles,  Kingston 
Douglas  E.  Hunter,  Sr.,  Hampton 
Robert  E.  Whalen,  Portsmouth 


HOUSE  OF  REPRESENTATIVES 

Speaker — Stewart  Lamprey,  Moultonborough 

Clerk — Francis  W.  Tolman,  Nelson 

Assistant  Clerk — J.  Milton  Street,  Sharon 

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

Chaplain — Rev.  William  L.  Shafer,  Chichester 

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

Doorkeeper — George  J.  Young,  Campton 

Doorkeeper — Bertha  E.  Boutwell,  Concord 

Doorkeeper — Randolph  Milligan,  Newbury 

Doorkeeper — Harry  J.  A.  Robinson,  Dover 

Doorkeeper  —  Herbert  R,  Richardson,  Randolph 


IX 


The  Legislature  of  1963 


BELKNAP 

Alton,  Fred  M.  Perkins,  r 
Barnstead,  Arthur  H.  McAllister,  r 
Belmont,  Norman  P.  Bolduc,  d 
Center  Harbor,  L.  Keith  Matheson,  r 
Gilford,  John  Goodhue,  r 
Gilmanton,  Frank  L.  Uhlenberg,  r 
Laconia, 

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

Ward  2,  Walter  A.  Harkins,  d 

Margaret  E.  Nonnandin,  d 


COUNTY 

Ward  3,  *  Ellis  J.  Ayre,  r 
Ward  4,  Oscar  C.  Prescott,  r 
Ward  5,  Helen  D.  Hayner,  r 

David  O'Shan,  r 
Ward  6,  George  W.  Stafford,  r 
G.  Walter  Varrell,  r 
Meredith,  Stuart  B.  Allan,  r 
New  Hampton,  H.  Thomas  Urie,  r 
Sanbornton,  Olin  A.  Joslyn,  r 
Tilton,  Herbert  E.  Howe,  r 


Bartlett,  Donalda  K.  Howard,  r 
Brookfield,  Roland  S.  Hughes,  r 
Conway,  Esther  M.  Davis,  r 
Carroll  A.  Hill,  r 
Milburn  F.  Roberts,  r 
Effingham,  Virginia  F.  Taylor,  r 
Jackson,  Daniel  R.  Blanchard,  r 
Madison,  Percy  A.  Blake,  Jr.,  r 


CARROLL  COUNTY 

Moultonborough,  Stewart  Lamprey,  r 
Ossipee,  Marcus  E.  Diffenderfer,  r 
Sandwich,  Mary  S.  Brown,  r 
Tamworth,  Earle  H.  Remick,  r 
Tuftonboro,  Carroll  A.  Lamprey,  r 
Wakefield,  Arthur  H.  Fox,  r 
Wolfeboro,  Leslie  M.  Chamberlain,  r 
Russell  G.  Claflin,  r 


Alstead,  Ralph  W.  Totman,  r 
Chesterfield,  James  E.  O'Neil,  r 
Dublin,  Belle  F.  Gowing,  r 
Fitzwilliam  William  J.  Watkinson,  r 
Gilsum,  Arthur  F.  Turner,  r  &  d 
Hinsdale,  Clifford  D.  Stearns,  r 
Jaffrey,  Wilfred  W.  Cournoyer,  d 
Raymond  J,  Desmarais,  d 
Keene, 

Ward  1,  Jeremiah  J.  Keating,  d 
Frederick  L.  Pratt,  d 
John  D.  Shea,  d 
Ward  2,  Stephen  W.  Pollock,  Sr.,  r 

Roberta  T.  Shea,  r 
Ward  3,  Ovila  J.  Belletete,  d 
Cleon  E.  Heald,  r 


CHESHIRE  COUNTY 

Ward  4,  Frank  J.  Bennett,  r 

Ellen  Faulkner,  r 
Ward  5,  Laurence  M.  Pickett,  d 
Margaret  A.  Russell,  d 
Marlborough,  Wallace  B.  Oliver,  r 
Marlow,  Roxie  A.  Forbes,  r  &  d 
Richmond,  Jennie  B.  Bennett,  r 
Rindge,  James  F.  Allen,  r 
Swanzey,  J.  Edward  Bouvier,  r 
Jacob  M.  Hackler,  r 
Troy,  Clarence  J.  Abare,  d 
Walpole,  Louis  S.  Ballam,  r 

Harley  W.  Smith,  r 
Westmoreland,  George  S.  Wildey,  r 
Winchester,  John  B.  Sawyer,  r 


Berlin 

Ward  1,  Leon  T.  Dubey,  d 

Guy  J.  Fortier,  d 

Edgar  J.  Roy,  d 
Ward  2,  Romeo  A.  Desilets,  d 

Frank  H.  Sheridan,  d 
Ward  3,  Basil  W.  Connolly,  r 

Raymond  E.  Dumont,  d 

Fay  Vashaw,  d 
Ward  4,  Arthur  A.  Bouchard,  d 

Jennie  G.  Fontaine,  d 

Rebecca  A.  Gagnon,  d 
Colebrook,  Harry  N.  Marsh,  r 


COOS  COUNTY 

Dixville,  Frank  C.  Nash,  r 
Gorham,  George  W.  W.  Graham,  r 
George  H.  Keough,  r  &:  d 
Jefferson,  Paul  E.  Thayer,  r 
Lancaster,  Lloyd  G.  Sherman,  r  &  d 

Ralph  D.  Shute,  r 
Milan,  Edna  D.  Fogg,  r  &  d 
Northumberland,  Walter  O.  Bushey,  d 

Natalie  M,  Potter,  r  &  d 
Randolph,  Mary  E.  Arsenault,  r 
Stewartstown,  Darwin  M.  Brooks,  Sr.,  r 
Stratford,  Bert  Stinson,  d 
White  field,  Ada  C.  Taylor,  r 


The  Legislature  of  1963 


XI 


GRAFTON  COUNTY 


Ashland,  Thomas  Pryor,  r 
Bath,  Edwin  P.  Chamberlin,  r 
Benton,  John  Boutin,  St.,  r  8c  d 
Bethlehem,  Malcolm  J.  Stevenson,  r 
Bristol,  Bowdoin  Plumer,  r 
Campton,  Philip  S.  Willey,  r 
Canaan,  Caroline  R.  Grey,  r  &  d 
Dorchester,  Arthur  R.  Goodfellow,  r 
Easton,  Oliver  L.  Bowles,  d 
Enfield,  Walter  C.  Morse,  d 
Groton,  Lauie  A.  Nettleton,  r  &  d 
Hanover,  Elizabeth  W.  Hayward,  r 

William  R.  Johnson,  r 

Fletcher  Low,  r 
Haverhill,  Wilfred  J.  Larty,  r  &  d 

Norman  A.  McMeekin,  r 
Hebron,  Ruth  Hampson,  r 
Lebanon, 

Ward  1,  Arthur  F.  Adams,  r 


George  H.  Beard,  r  &  d 
Ward  2,  Ernest  R.  Coutermarsh,  d  8c  r 

Mary  E.  Demers,  d 
Ward  3,  Robert  M.  Lewis,  r 
Gladys  L.  Whipple,  r 
Lincoln,  George  M.  McGee,  Sr.,  d  &:  r 
Lisbon,  George  Brummer,  d 
Littleton,  Clarence  W.  Allard,  r 
Fred  Kelley,  r 
Eda  C.  Martin,  r 
Lyme,  Hazel  L  Park,  r 
Orford,  Charles  L.  Cushman,  r 
Plymouth,  Kenneth  G.  Bell,  r 

Stephen  W.  Smith,  Sr.,  r  8c  d 
Rumney,  Jesse  A.  Barney,  r 
Warren,  Fayne  E.  Anderson,  r 
Waterville,  Ralph  H.  Bean,  r 
Woodstock,  St.  Clair  A.  Berringer,  r 


HILLSBOROUGH  COUNTY 


Amherst,  Orson  H.  Bragdon,  r 
Antrim,  Ellerton  H.  Edwards,  r 
Bedford,  Anna  S.  Van  Loan,  r 

Ralph  M.  Wiggin,  r  8c  d 
Brookline,  Grover  C.  Farwell,  d  and  r 
Deering,  Howard  E.  Whitney,  r 
Goffstown,  Roland  A.  Barnard,  d 
F.  Arthur  Bartlett,  d 
A.  Kenneth  Hambleton,  r  8c  d 
Arthur  H.  Martin,  r 
Greenfield,  Donald  C.  Davis,  r 
Greenville,  Alexander  M.  Taft,  r 
Hancock,  Julius  Q.  Pickering,  r 
Hillsborough,  Joseph  M.  Eaton,  r 
Hollis,  Daniel  Brocklebank,  r 
Hudson,  John  M.  Bednar,  d 

Thomas  J.  Claveau,  d 
Christopher  F.  Gallagher,  d 
George  J.  Provencal,  d 
Litchfield,  Howard  S.  Legallee,  r 
Lyndeborough,  Edward  G.  Warren,  r 
Manchester, 

Ward  1,  Greta  M.  Ainley,  r 
Saul  Feldman,  r 
George  A.  Lang,  r 
James  Pettigrew,  r 
Emile  J.  Soucy,  r 
Ward  2,  Donald  S.  Conover,  d 
Joseph  H.  Geisel,  r 
Henry  F.  Goode,  r 
Charles  W.  Kimball,  r 
James  L.  Mahony,  r 


Ward  3, 
Ward  4, 
Ward  5, 
Ward  6, 


Ward  7, 


Ward  8, 


Ward  9, 
Ward  10, 


Ward  11, 


George  A.  Bruton,  d 
Leo  L.  Dion,  d 
James  F.  Hayes,  d 
William  J.  Cullity,  d  8:  r 
Denis  F.  Mahoney,  d  8c  r 
Walter  F.  McDermott,  d 
William  F.  Clancy,  d 
Thomas  E.  Manning,  d 
Edward  J.  Walsh,  d 
Denis  F.  Casey,  d 
Edward  D.  Clancy,  d 
George  Doherty,  d 
Claude  E.  Dupont,  d 
Daniel  J.  Healy,  d 
Michael  F.  O'Connor,  d 
Edward  T.  LaFrance,  d 
Charles  J.  Leclerc,  d 
Albina  S.  Martel,  d 
Alonzo  J.  Tessier,  d 
Alphonse  L.  Bernier,  d 
Edward  Champagne,  d 
William  A.  Cote,  d 
Eugene  Delisle,  Sr.,  d 
Robert  W.  Moran,  d 
Daniel  J.  Wade,  d 
♦Edward  W.  Morris,  d 
*  Conrad  J.  Adams,  d 
Gerard  H.  Belanger,  d 
Alfred  A.  Bergeron,  d 
John  J.  Keams,  d 
George  J.  Hurley,  d 
Joseph  P.  Kendrigan,  d 
Maurice  H.  Noel,  d 


Xll 


The  Legislature  of  1963 


Ward  12,  Armand  Capistran,  d 
Alphonse  Levasseur,  d 
Joseph  C.  Nalette,  d 
Ward  13,  Edmond  Allard,  d 

*Rolland  Chapdelaine,  d 
Lorenzo  P.  Gauthier,  d 
Hector  J.  Rousseau,  d 
Ward  14,  Willibert  Gamache,  d 
Emmett  J.  Grady,  d 
Laurent  J.  Tremblay,  d 
Marcel  A.  Vachon,  d 
Merrimack,  Harold  V.  Buker,  Sr.,  r 
Edward  J.  Haseltine,  r 
Milford,  Malcolm  M.  Carter,  r 

Charles  W.  Ferguson,  Jr.,  r 
Charles  P.  Hayward,  r 
Nashua, 

Ward  1,  Marshall  Cobleigh,  r 
Martha  Cole,  r 
Mabel  Thompson  Cooper,  r 
George  W.  Underbill,  r 
Ward  2,  George  A.  Dionne,  d 

Wilfrid  G.  Thibault,  d 
Ward  3,  Agenor  Belcourt,  d 
Hector  J.  Trombly,  d 


Ward  4,  Frank  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  J.  Chartrain,  d 
Samuel  F.  Mason,  d 
Ward  8,  Oscar  P.  Bissonnette,  d 
Arthur  Bouley,  d 
Eugene  I.  Dubois,  d 
John  Latour,  d 
William  O.  Lavallee,  d 
Frank  C.  Sabluski,  d 
Ward  9,  William  A.  Desmarais,  d 
•Peter  J.  Dumais,  d 
New  Boston,  Harold  A.  Todd,  r 
New  Ipswich,  Theodore  H.  Karnis,  r 
Pelham,  Frederick  W.  Garland,  r 

Arthur  H.  Peabody,  d 
Peterborough,  Walter  R.  Peterson,  Jr.,  r 

Benjamin  M.  Rice,  r 
Weare,  Scott  F.  Eastman,  d  &  r 
Wilton,  Philip  C.  Heald,  Jr.,  r 


MERRIMACK  COUNTY 


Allenstown,  Narcisse  V.  Guilbeault,  d 
Andover,  Victor  E.  Phelps,  d  &  r 
Boscawen,  Clyde  G.  Fairbanks,  r  &  d 
Bow,  Richard  D.  Hanson,  r 
Bradford,  Reuben  S.  Moore,  r 
Canterbury,  William  D.  Asby,  r 
Chichester,  John  B.  Hutchinson,  r 
Concord, 

Ward  1,  Eli  LaFlamme,  d  &:  r 

Edward  H.  York,  d 
Ward  2,  Gilbert  Upton,  r 
Ward  3,  Arthur  F.  Henry,  r 
Ward  4,  Walter  B.  Dame,  r 
Stuart  Hancock,  r 
Ward  5,  James  C.  Bingham,  r 

Roger  A.  Smith,  r 
Ward  6,  Chris  K.  Andersen,  r 

Maurice  B.  MacDonald,  r 
Elwood  Peaslee,  r 
Horace  W.  Sanders,  r 
Ward  7,  Eralsey  C.  Ferguson,  r 
William  P.  Gove,  r 
Paul  B.  Maxham,  r 


Henry  C.  Newell,  r 

Ward  8,  Donald  J.  Welch,  r 

Ward  9,  Pasquale  V.  Rufo,  r 

Dunbarton,  John  W.  McKay,  r 

Epsom,  Henry  L.  Stevens,  r  &  d 

Frankin, 

Ward  1,  Howard  R.  Kelley,  r 

Ward  2,  Wiggin  S.  Oilman,  d 

Ward  3,  Peter  P.  Charland,  d 

John  P.  Dempsey,  d 

Henniker,  *Lewis  H.  Carpenter,  r 

Hooksett,  Alphonse  A.  Lafond,  d 

Gerard  Lambert,  d 
Hopkinton,  Samuel  Reddy,  Jr.,  r  &  d 
Loudon,  George  B.  Brown,  r 
New  London,  M.  Roy  London,  r 
Northfield,  Doris  L.  Thompson,  r 
Pembroke,  Robert  E.  Plourde,  d 

Joseph  H.  Robinson,  d 
Pittsfield,  Harriet  B.  Tarrant,  r 
Warner,  L.  Waldo  Bigelow,  Jr.,  r 
Wilmot,  Arthur  E.  Thompson,  r 


The  Legislature  of   1963 


xiu 


ROCKINGHAM  COUNTY 


Atkinson,  George  W.  White,  Sr.,  r 
Auburn,  Margaret  A.  Griffin,  r 
Brentwood,  Mary  T.  Vey,  r 
Candia,  Karl  J.  Persson,  r 
Chester,  Russell  E.  Underwood,  r 
Danville,  Charles  E.  Cummings,  r 
Deerfield,  Ross  E.  Watts,  r  and  d 
Derry,  Charles  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,  Sr.,  r 
Exeter,  Lyman  E.  Collishaw,  r 
Edwin  W.  Eastman,  r 

James  A.  Purington,  r 
Stephen  D.  Wheeler,  r 
Fremont,  William  B.  Wylie,  r 
Greenland,  Edna  B.  Weeks,  r 
Hampstead,  Doris  M.  Spollett,  r 
Hampton,  Herbert  A.  Casassa,  r 
Donald  A.  Ring,  r 
C.  Dean  Shindledecker,  r 
Hampton  Falls,  Russell  P.  Merrill,  Jr.,  r 
Kensington,  D.  Everett  Palmer,  d 
Kingston,  Ernest  D.  Clark,  r 
Londonderry,  Howell  F.  Shepard,  r  and  d 
New  Castle,  Kathleen  B.  McDonough,  r 
Newmarket,  F.  Albert  Sewall,  d 
John  Twardus,  d 
Newton,  George  L.  Cheney,  r 

STRAFFORD 

Barrington,  Dorothy  B.  Berry,  r 
Dover, 

Ward  1,  Alice  F.  Blanchette,  d 
Max  W.  Leighton,  r 
Albert  L.  Nelson,  d 
Ward  2,  Frank  J.  Grimes,  d 

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

Robert  J.  Smith,  r 
Ward  4,  William  E.  Colbath,  r 

Harriett  W.  B.  Richardson,  r 
Hugh  C.  Tuttle,  r 
Ward  5,  John  Maglaras,  d 
Durham,  Laurence  A.  Bevan,  r 
Leon  AL  Crouch,  r 
Albert  D.  Littlehale,  r 
Farmington,  Robert  B.  Drew,  r 

Ralph  W.  Canney,  r 
Lee,  Shirley  M.  Clark,  r 
Madbury,  Eloi  A.  Adams,  r 
Milton,  Ruth  H.  Dawson,  r 
New  Durham,  Idanelle  T.  Moulton,  r 


North  Hampton,  George  G.  Carter,  r 
Northwood,  Ernest  L.  Pinkham,  r 
Plaistow,  Mildred  L.  Palmer,  r 
Annie  M.  Schwaner,  r 
Portsmouth, 

Ward  1,  William  F.  Keefe,  d 

Paul  M.  McEachern,  d 
Ward  2,  Henry  S.  Murch,  Jr.,  r 
Ernest  E.  Stafford,  r 
Ann  Sadler,  d 
Ward  3,  C.  Cecil  Dame,  r 

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

Julia  H.  White,  r 
Ward  5,  Cannelo  C.  Cavalieri,  d 

Hector  Coussoule,  d 
Ward  6,  Simes  Frink,  r 

Dorothy  L.  Legasse,  r 
Raymond,  Calvin  J.  Langford,  r 
Rye,  Elizabeth  A.  Greene,  r 

Maynard  L.  Young,  Jr.,  r 
Salem,  John  F.  Canty,  r 
John  J.  Grant,  r 
Roy  Morrill,  r 
Bessie  M.  Morrison,  r 
Leonard  B.  Peever,  r 
Walter  E.  Stickney,  r 
Seabrook,  Myron  B.  Felch,  r 
Stratham,  Nelson  E.  Barker,  r 
Windham,  Edward  N.  Herbert,  r 

COUNTY 

Rochester, 

Ward  1,  Ernest  L.  Rolfe,  r 
Ward  2,  Winifred  E.  Hartigan,  d 

Maurice  E.  Marsan,  r 
Ward  3,  Paul  J.  Dumont,  d 

Glenna  H.  Rubins,  d 
Ward  4,  Leo  E.  Beaudoin,  d 

Angeline  M.  St.  Pierre,  d 
Ward  5,  George  E.  Chase,  r 

Harry  S.  Johnson,  r 
Ward  6,  Arnold  T.  Clement,  r 

Edgar  G.  Varney,  r 
Rollinsjord,  Fred  L.  Green,  r 
Somersivorth, 

Ward  1,  Sarkis  N.  Maloomian,  d 
Ward  2,  Napoleon  A.  Habel,  d 
Ward  3,  Clovis  J.  Cormier,  d 

Roland  Hebert,  d 
Ward  4,  Arthur  J.  Vincent,  d 
Ward  5,  *Leon  J.  Littlefield,  d 
Strafford,  Willis  G.  Bennett,  r 


XIV 


The  Legislature  of  1963 


SULLIVAN  COUNTY 


Charlestown,  Alice  E.  Adams,  r 

Martha  McD.  Frizzell,  r 
Claremont, 

Ward  1,  Chauncey  L.  Cann,  d 
William  L.  Gaffney,  d 
Ward  2,  George  W.  Angus,  r 
Allan  P.  Campbell,  r 
Sam  J.  Nahil,  r 
Ward  3,  Artliur  W.  Barrows,  d 

Carmine  F.  D'Amante,  d 


Alton  G.  Desnoyer,  d 
Cornish,  Charles  E.  Guest,  Sr.,  r 
Croydon,  Margaret  L.  Weber,  r  &:  d 
Langdon,  Eleanor  F.  Marx,  r 
Newport,  Elsie  C.  Bailey,  d 

Maurice  J.  Downing,  d 
Harry  V.  Spanos,  d 
Plainfield,  Vernon  A.  Hood,  r  &  d 
Sunapee,  George  R.  Merrifield,  r 


♦Patrick  N.  H.  O'York,  d,  deceased,  replaced  by  Ernest  W.  Hemon,  d 
*Leon  J.  Littlefield,  d,  deceased 

*Ellis  J.  Ayre,  r,  resigned,  replaced  by  George  A.  Head,  r 
*Lewis  H.  Carpenter,  r,  resigned,  replaced  by  Helen  C.  Doon,  r 
*Edward  W.  Morris,  d,  deceased,  replaced  by  James  M.  O'Gara,  d 
*Conrad  J.  Adams,  d,  deceased,  replaced  by  Erwin  Boettcher,  r 
*Rolland  Chapdelaine,  d,  resigned,  replaced  by  Origene  E.  Lesmerises,  d 
•Lewis  H.  Carpenter,  r,  resigned,  replaced  by  Helen  C.  Doon,  d 
*James  A.  Purington,  r,  deceased 


LAWS 

OF  THE 

STATE  OF  NEW  HAMPSHIRE 

JANUARY  SESSION  OF  1963 


CHAPTER  1. 


AN  ACT  PROVIDING  FOR  CERTAIN  DEDUCTIONS  FROM  RETIREMENT 
BENEFITS  FOR  EMPLOYEES  OF  POLITICAL  SUBDIVISIONS. 

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

1:1     Retirement  Benefits  for  Employees  of  Political  Subdivisions. 

Amend  RSA  100  by  inserting  after  section  36  the  following  new  section: 
100:36-a  Authorized  Deductions.  Notwithstanding  any  other  provisions 
of  this  chapter  any  member  of  the  state  employees'  retirement  system  un- 
der the  provisions  of  this  subdivision  who  make  application  for  benefits 
under  this  chapter  and  who  is  at  the  time  a  member  of  an  insurance  or 
hospitalization  group  plan  for  which  payroll  deductions  are  authorized, 
may  request  that  the  monthly  premium  for  such  service  be  deducted  from 
the  monthly  retirement  benefit  which  he  or  she  is  to  receive,  and  in  such 
case  said  deduction  shall  be  made  from  the  sums  due  the  members.  Pro- 
vided, further,  that  deductions  from  retirement  benefits  shall  be  made, 
if  requested  by  retired  political  subdivision  employees  presently  receiving 
such  benefits  who  transfer  an  existing  direct  pay  membership  or  subscribe 
as  a  new  member  for  such  plan,  if  permitted  by  regulations  of  such  plan. 

1:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  February  13,  1963.] 
[Effective  date  April  14,  1963.] 


CHAPTER  2. 


AN  ACT  TRANSFERRING  BROOKFIELD  AND  WAKEFIELD  FROM  COUNCILOR 
DISTRICT  2  TO  DISTRICT  1. 

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

2:1  Councilor  Districts.  Amend  RSA  62:6  by  striking  out  the  words 
"except  the  towns  of  Brookfield  and  Wakefield"  so  that  said  section  as 
amended  shall  read  as  follows:  62:6  District  1.  Councilor  district  number 
one  contains  the  counties  of  Coos  and  Grafton,  and  the  county  of  Carroll. 


2  Chapter  3  [1963 

2:2  Transfer  of  Towns.  Amend  RSA  62:7  by  striking  out  the  words 
"the  towns  of  Brookfield  and  Wakefield"  so  that  said  section  as  amended 
shall  read  as  follows:  62:7  District  2.  Councilor  district  number  two 
contains  the  county  of  Strafford,  the  county  of  Rockingham  except  the 
towns  of  Auburn,  Candia,  Chester,  Derry,  Londonderry,  Raymond,  Salem 
and  Windham,  and  contains  the  following  towns  in  the  county  of  Belk- 
nap: Alton,  Barnstead,  Belmont,  Gilford  and  Oilman  ton. 

2:3    Takes  Effect.    This  act  shall  take  effect  as  of  January  1,  1964, 
but  nothing  herein  contained  shall  affect  the  term  of  office  of  the  coun- 
cilors for  district  1  and  district  2  in  office  at  the  time  this  act  takes  effect. 
[Approved  February  13,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  3. 

AN  ACT  RELATIVE  TO  OUTDOOR  ADVERTISING. 

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

3:1  Restriction  of  Advertising,  Exemption.  Amend  paragraph  I  of 
RSA  249-A:3  (supp)  as  inserted  by  1961,  269:1  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following:  I.  Advertising  devices 
in  areas  adjacent  to  segments  of  the  interstate  system  legally  zoned  on 
September  21,  1959,  as  industrial  or  commercial:  provided,  however,  ad- 
vertising devices  shall  not  be  permitted  in  such  areas  within  incorporated 
municipalities  possessing  zoning  authority  upon  the  rezoning  of  such 
areas  as  nonindustrial  and  noncommercial  subsequent  to  September  21, 
1959,  so  long  as  such  areas  remain  zoned  nonindustrial  and  noncommer- 
cial. 

3:2  Highways  in  Juxtaposition.  Amend  RSA  249-A:5  (supp)  as  in- 
serted by  1961,  269:1  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  249-A:5  Highways  in  Juxtaposition.  Nothing 
herein  shall  prevent  an  owner  of  land  from  using,  or  permitting  the  use 
of,  his  land  for  outdoor  advertising  purposes  where  said  owner's  land 
abuts  a  highway  parallel  to,  or  nearly  parallel  to  and  less  than  six  hundred 
sixty  feet  from,  the  edge  of  right-of-way  of  an  interstate  highway,  pro- 
vided that  the  advertising  or  informative  contents  of  advertising  devices 
erected  and  maintained  on  said  land  shall  not  be  visible  from  the  main- 
traveled  way  of  the  interstate  highway  and  that  said  devices  shall  be  con- 
sistent with  the  intent  of  section  2  and  section  3. 

3:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  February  15,  1963.] 
[Effective  date  April  16,  1963.] 


1963]  Chapter  4  3 

CHAPTER  4. 

AN  ACT  CORRECTING  REFERENCES  IN  STATUTE  PROVIDING  FOR  HIGHWAY 

BOND  ISSUE. 

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

4:1  Continuing  Appropriation.  Amend  1961,  224:8  by  striking  out 
the  figure  "3"  and  inserting  in  place  thereof  the  figure,  4,  so  that  said  sec- 
tion as  amended  shall  read  as  follows:  224:8  Continuing  Appropriation. 
The  monies  provided  in  section  4  hereof  shall  be  a  continuing  appropria- 
tion and  shall  not  lapse, 

4:2  Continuing  Appropriation.  Amend  1961,  225:8  by  striking  out 
the  figure  "3"  and  inserting  in  place  thereof  the  figure,  4,  so  that  said  sec- 
tion as  amended  shall  read  as  follows:  225:8  Continuing  Appropriation. 
The  monies  provided  in  section  4  hereof  shall  be  a  continuing  appropria- 
tion and  shall  not  lapse. 

4:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  February  15,  1963.] 
[Effective  date  April  16,  1963.] 


CHAPTER  5. 

AN  ACT  RELATIVE  TO  METHOD  OF  ADOPTING  ZONING  ORDINANCES. 

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

5:1  Zoning  Regulations.  Amend  RSA  31:63  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  31:63  Method  of 
Enactment  in  Cities.  The  legislative  body  of  a  city  shall  provide  for  the 
manner  in  which  such  regulations  and  restrictions  and  the  boundaries  of 
such  districts  shall  be  determined,  established  and  enforced,  and  from 
time  to  time  amended.  No  such  regulation,  restriction  or  boundary  shall 
become  effective  or  be  altered  until  after  a  public  hearing  in  relation 
thereto,  at  which  parties  in  interest  and  citizens  shall  have  an  oppor- 
tunity to  be  heard.  At  least  fifteen  days'  notice  of  the  time  and  place  of 
such  hearing  shall  be  published  in  a  paper  of  general  circulation  in  such 
city. 

5:2  Towns.  Amend  RSA  31  by  inserting  after  section  63  the  follow- 
ing new  section:  31:63-a  Method  of  Enactment,  Any  proposed  zoning 
ordinance  shall  be  submitted  to  the  voters  of  a  town  in  the  following 
manner. 

There  shall  be  at  least  two  public  hearings  on  the  regulation  or  re- 
triction  at  which  parties  in  interest  and  citizens  shall  have  an  opportunity 


4  Chapter  6  [1963 

to  be  heard.  At  least  fifteen  days'  notice  of  the  time  and  place  of  each  such 
public  hearing  shall  be  published  in  a  paper  of  general  circulation  in  the 
town  and  a  notice  thereof  shall  also  be  posted  in  at  least  three  public 
places  in  the  town.  If  the  town  has  adopted  an  official  ballot  for  the  elec- 
tion of  its  officers  the  following  question  shall  be  placed  on  said  official 
ballot  by  the  town  clerk:  Shall  the  zoning  ordinance  (or  amendment)  as 
proposed  by  the  planning  board  (or  zoning  commission)  be  adopted  for 
this  town?  A  copy  of  the  proposed  ordinance  shall  be  on  file  at  the  office 
of  the  town  clerk  two  weeks  prior  to  the  date  of  the  meeting  at  which  ac- 
tion is  to  be  taken  and  a  copy  of  the  proposed  ordinance  and  the  pro- 
posed zoning  map  shall  be  on  display  to  the  voters  on  the  day  of  the 
meeting.  If  such  action  is  to  be  taken  at  a  meeting  other  than  one  at  which 
officers  are  to  be  elected  the  clerk  shall  prepare  a  special  ballot  containing 
the  question  above  stated.  If  such  action  is  to  be  taken  at  a  meeting  in  a 
town  which  has  not  adopted  an  official  ballot  the  clerk  shall  likewise  pre- 
pare a  special  ballot  for  the  use  of  voters  in  voting  on  the  question.  If  a 
majority  of  the  voters  present  and  voting  on  this  question  shall  vote  in 
the  affirmative  the  ordinance,  or  amendment  thereto,  shall  be  declared 
to  have  been  adopted. 

5:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  21,  1963.] 
[Effective  date  February  21,  1963.] 


CHAPTER  6. 


AN  ACT  RELATIVE  TO  EXEMPTION  FROM  LIABILITY  IN  CERTAIN  CASES  UNDER 

THE  CIVIL  DEFENSE  ACT. 

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

6:1  Civil  Defense  Act.  Amend  RSA  107:13  by  striking  out  the  words 
"for  loss  of"  in  the  eighth  line  and  inserting  in  place  thereof  the  words, 
or  loss  of,  so  that  said  section  as  amended  shall  read  as  follows:  107:13 
No  Private  Liability.  Any  person  owning  or  controlling  real  estate  or 
other  premises  who  voluntarily  and  without  compensation  grants  a  li- 
cense or  privilege,  or  otherwise  permits  the  designation  or  use  of  the 
whole  or  any  part  or  parts  of  such  real  estate  or  premises  for  the  purpose 
of  sheltering  persons  during  an  actual,  impending,  mock  or  practice  at- 
tack shall,  together  with  his  successors  in  interest,  if  any,  not  be  civilly 
liable  for  negligently  causing  the  death  of,  or  injury  to,  any  person  on  or 
about  such  real  estate  or  premises,  or  loss  of,  or  damage  to,  the  property 
of  such  person. 

6:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  April  26,  1963.] 


1963]  Chapter  7  5 

CHAPTER  7. 

AN  ACT  RELATIVE  TO  MEETINGS  OF  HIGHWAY  AGENTS  FOR  INSTRUCTION. 

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

Court  convened: 

7:1  Highway  Agents.  Amend  RSA  229:20  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  229:20  Meetings.  The 
commissioner  may  provide  for  the  holding  of  meetings  of  town  and  city 
hio-hway  agents  at  convenient  points  within  the  state,  at  which  advice  and 
instruction  shall  be  given  relative  to  the  care  and  maintenance  of  local 
highways;  and  any  town  or  city  highway  agent  attending  such  meetings 
shall  be  reimbursed  for  his  time  and  necessary  expenses  while  attending 
by  the  town  or  city  which  he  represents. 

7:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  February  25,  1963.] 


CHAPTER  8. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  TREASURER  OF  ROCKINGHAM  COUNTY. 

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

Court  convened: 

8:1  Rockingham  County  Treasurer.  Amend  RSA  29:14  (supp)  as 
inserted  by  1955,  172:2  and  1955,  247:3  and  amended  by  1957,  149:1  by 
striking  out  the  words  "one  thousand"  in  line  4  and  inserting  in  place 
thereof  the  words,  twelve  hundred,  so  that  said  section  as  amended  shall 
read  as  follows:  29:14  Salaries.  The  annual  salaries  of  the  treasurers  of 
the  several  counties  to  be  in  full  for  their  services  and  allowances  of  every 
kind,  except  as  hereinafter  provided,  shall  be  as  follows: 

In  Rockingham,  twelve  hundred  dollars. 

In  Strafford,  five  hundred  dollars. 

In  Belknap,  five  hundred  dollars. 

In  Carroll,  five  hundred  dollars. 

In  Merrimack,  six  hundred  dollars. 

In  Hillsborough,  twelve  hundred  dollars. 

In  Cheshire,  four  hundred  dollars. 

In  Sullivan,  five  hundred  dollars. 

In  Grafton,  five  hundred  dollars. 

In  Coos,  five  hundred  dollars. 

To  the  foregoing  sums  shall  be  added  a  reasonable  sum  for  all  neces- 
sary expenses  upon  order  of  the  county  commissioners. 

8:2  Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1963. 
[Approved  February  25,  1963.] 
[Effective  date  January  1,  1963.] 


6  Chapter  i  [ige!" 

CHAPTER  9. 

AN  ACT  RELATIVE  TO  TOILET  FACILITIES  FOR  RESTAURANTS  AND  OTHER 
ESTABLISHMENTS  WHERE  FOOD  IS  SERVED. 

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

9:1  Toilet  Facilities.  Amend  RSA  155:40  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  155:40  Toilet  Facilities  To 
Be  Provided  for  Restaurants,  etc.  All  places  where  the  business  of  serving 
food  to  the  public  is  conducted  shall  be  equipped  with  toilet  and  lavatory 
facilities  convenient  of  access  for  the  use  of  patrons.  Separate  toilet  rooms 
for  each  sex  shall  be  provided  for  patrons  of  any  restaurant  designed  to 
seat  twenty-five  or  more  patrons  at  one  time  or  for  patrons  of  any  food 
establishment  where  alcoholic  beverages  are  served.  The  provisions  here- 
of shall  not  apply  to  mobile  lunch  carts  or  be  construed  to  require  road- 
side stands  or  so-called  drive-ins,  serving  food  to  the  public,  to  provide 
toilet  facilities  for  patrons  where  seating  facilities  within  the  building  are 
not  available. 

9:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  April  26,  1963.] 


CHAPTER  10. 


AN  ACT  REQUIRING  CITIES  AND  TOWNS  TO  PROVIDE  ADEQUATE  COURTROOMS 

FOR  MUNICIPAL  COURTS. 

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

10:1    Courtrooms.   Amend  RSA  502  by  inserting  after  section  4  the 
following   new   section:     502:4-a    Municipality   to  Provide   Courtroom. 

Where  a  city  or  town  in  which  a  municipal  court  is  located  owns  or  main- 
tains a  building  or  buildings  for  the  conduct  of  municipal  business,  the 
court  shall  be  held  in  one  of  such  buildings.  Where  there  is  no  such  build- 
ing, court  shall  be  held  in  any  other  public  building  or  in  such  other 
place  as  shall  be  provided  by  ordinance  or  vote  of  the  town.  In  either 
case,  court  shall  be  held  only  in  a  room  or  rooms  in  which  space  is  pro- 
vided for  the  justice  to  sit  apart  from  the  parties,  counsel,  witnesses  and 
spectators,  and  in  which  adequate  seating  accommodations  are  available 
for  all  persons  lawfully  present.  The  justice  shall  require  that  his  court- 
room at  all  times  shall  be  kept  clean  and  maintained  in  an  orderly  and 
dignified  manner.  In  no  case,  however,  shall  court  be  held  in  a  private 
residence  or  a  place  of  business.  Whenever  sessions  of  municipal  courts 
are  not  being  held  in  courtroom  facilities  as  provided  in  this  section,  such 


1963]  Chapter  11  7 

cities  and  towns  shall  on  or  before  April  1,  1964,  comply  with  such  pro- 
visions. 

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

[Approved  February  25,  1963.] 
[Effective  date  April  26,  1963.] 


CHAPTER  11. 


AN  ACT  RELATIVE  TO  PHYSICIANS  AND  SURGEONS,  FEES  FOR  EXAMINATIONS 

FOR  PRACTICE. 

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

11:1  Additional  Fee.  Amend  RSA  329:13  by  striking  out  the  words 
"without  additional  fee"  and  inserting  in  place  thereof  the  words,  upon 
payment  of  an  additional  fee  of  thirty  dollars,  so  that  said  section  as 
amended  shall  read  as  follows:  329:13  Second  Examination.  Applicants 
who  fail  to  pass  at  their  first  examination  may  take  one  subsequent  exam- 
ination upon  payment  of  an  additional  fee  of  thirty  dollars. 

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

[Approved  February  25,  1963.] 
[Effective  date  April  26,  1963.] 


CHAPTER  12. 

AN  ACT  RELATIVE  TO  MEMBERSHIP  OF  THE  CANCER  COMMISSION. 

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

12:1  State  Cancer  Commission.  Amend  RSA  139:1  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  139:1  Member- 
ship. There  shall  be  a  state  cancer  commission  consisting  of  seven  mem- 
bers, six  to  be  appointed  by  the  governor  with  the  advice  of  the  council, 
four  of  whom  shall  be  physicians  experienced  in  cancer  treatment  and 
members  of  the  New  Hampshire  Medical  Society,  and  two  to  be  non- 
medical. The  commissioner  of  health  and  welfare  shall  be  an  ex-officio 
member  of  the  commission.  Members  of  the  commission  shall  serve  with- 
out compensation  but  shall  receive  their  necessary  expenses  while  in  the 
performance  of  their  duties. 


8 


Chapter  13 


[1963 


12:2  Present  Members  of  Commission.  The  members  of  the  state 
cancer  commission  in  office  at  the  time  of  the  passage  of  this  act  shall 
continue  such  membership  until  otherwise  provided  by  RSA  139:2. 

12:3   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  February  25,  1963.] 


CHAPTER  13. 

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

MUNICIPAL  COURT. 

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

13:1  Portsmouth  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 
and  1961,  15:1,  124:1  by  striking  out  the  words  "In  Portsmouth,  three 
thousand  five  hundred  dollars"  and  inserting  in  place  thereof  the  words. 
In  Portsmouth  four  thousand  dollars,  so  that  said  paragraph  as  amended 
shall  read  as  follows:  I.  Salaries  of  justices  of  the  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,  four  thousand  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. 


1963]  Chapter  14  9 

13:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  February  28,  1963.] 
[Effective  date  April  29,  1963.] 


CHAPTER  14. 

AN  ACT  INCREASING  THE  SALARY  OF  THE  CLERK  OF  THE  PORTSMOUTH 

MUNICIPAL  COURT. 

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

14:1  Portsmouth  Municipal  Court  Clerk.  Amend  RSA  502:17  (supp) 
as  amended  by  1957,  17:1,  108:2,  234:2  and  1961,  82:1  by  striking  out  the 
words  "fifteen  hundred  dollars"  in  the  second  line  and  inserting  in  place 
thereof  the  words,  two  thousand  dollars,  so  that  said  section  as  amended 
shall  read  as  follows:  502:17  Salaries.  The  clerk  of  the  Portsmouth 
municipal  court  shall  receive  an  annual  salary  of  two  thousand  dollars, 
the  clerk  of  the  Manchester  municipal  court  shall  receive  an  annual  sal- 
ary 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. 

14:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  February  28,  1963.] 
[Effective  date  April  29,  1963.] 


CHAPTER  15. 

AN  ACT  RELATIVE  TO  CLERICAL  ASSISTANTS  FOR  THE  SUPREME  COURT. 

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

15:1  Supreme  Court.  In  addition  to  any  other  clerical  assistants 
authorized  for  the  supreme  court  the  court  may  employ  one  legal  stenog- 
rapher II. 

15:2  Appropriation.  In  addition  to  any  appropriations  made  for 
the  supreme  court  there  are  hereby  appropriated  the  following  sums: 
For  the  fiscal  year  ending  June  30,  1963,  for  personal  services  the  sum  of 


10  Chapter  16  [1963 

$1,098.79  and  for  current  expenses  and  equipment  the  sum  of  $650.  The 
governor  is  authorized  to  draw  his  warrants  for  said  services  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

15:3   Takes  Effect.   This  act  shall  take  effect  as  of  March  1,  1963. 
[Approved  March  1,  1963.] 
[Effective  March  1,  1963.] 


CHAPTER  16. 


AN  ACT  RELATIVE  TO  THE  DISPOSAL  OF  PAPERS  AND  RECORDS  FOR  DEPARTMENT 
OF  PUBLIC  WORKS  AND  HIGHWAYS. 

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

16:1  Public  Works  and  Highways.  Amend  RSA  229:17  (supp)  as 
amended  by  1957,  260:2  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  229:17  Disposal  of  Papers  and  Records.  The  com- 
missioner may  authorize  the  destruction  of  papers  or  records  not  having 
a  permanent  or  historical  value  at  the  end  of  seven  years  from  the  making 
thereof;  provided,  however,  that  the  rules  and  regulations  of  the  director 
of  records  management  and  archives,  as  promulgated  under  RSA  8-B:17, 
may  provide  that  designated  papers  or  records  may  be  destroyed  at  an 
earlier  period  or  require  their  retention  for  a  longer  period. 

16:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  1,  1963.] 
[Effective  date  April  30,  1963.] 


CHAPTER  17. 


AN  ACT  TO  MAKE  UNLAWFUL  CERTAIN  FRAUDULENT  DEALING  WITH 
COLLATERAL  WHICH  IS  SUBJECT  TO  A  SECURITY  INTEREST. 

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

17:1  Fraudulent  Dealing.  Amend  RSA  580  by  inserting  after  section 
5  thereof  the  following  new  section:  580:5-a  Penalty  for  Fraudulent 
Dealing  with  Property  Subject  to  Security  Interest.  If  any  debtor  ma- 
liciously or  with  intent  to  defraud  (a)  shall  injure,  destroy  or  conceal  col- 
lateral as  defined  in  RSA  382-A:9-105,  or  (b)  if  any  debtor,  with  intent  of 
placing  such  collateral  beyond  the  control  of  the  secured  party,  shall  re- 
move it  or  assist  in  or  assent  to  its  removal  to  another  state  contrary  to  the 
terms  of  the  security  agreement,  or  (c)  if  any  debtor,  with  intent  to  de- 


1963]  Chapter  18  11 

fraud,  shall  sell,  mortgage  or  otherwise  dispose  of  such  collateral  under 
claim  of  full  ownership  and  contrary  to  the  terms  of  the  security  agree- 
ment, he  shall  be  imprisoned  not  more  than  one  year  or  fined  not  more 
than  one  thousand  dollars,  or  both. 

17:2    Provisions  Applicable  to  Unsatisfied  Chattel  Mortgages.    The 

provisions  of  RSA  360:21,  22,  23  and  24  shall  apply  solely  to  unsatisfied 
chattel  mortgages  executed  prior  to  July  1,  1961. 

17:3  Provisions  Applicable  to  Unsatisfied  Conditional  Sale  Agree- 
ments. The  repealing  provisions  of  1959,  247:2  insofar  and  only  insofar 
as  they  repealed  RSA  361:14  and  16  are  hereby  repealed.  The  provisions 
of  RSA  361:14  and  16  as  in  effect  on  June  30,  1961,  are  hereby  revived  by 
the  foregoing  repeal  but  shall  apply  solely  to  unsatisfied  conditional  sale 
agreements  executed  prior  to  July  1,  1961. 

17:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  6,  1963.] 
[Effective  date  May  5,  1963.] 


CHAPTER  18. 


AN  ACT  RELATIVE  TO  RECIPROCITY'  OF  BOAT  OPERATION  WITH  RESIDENTS  OF 

CONTIGUOUS  STATES. 

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

18:1  Operation  without  Registration  in  this  State.  Amend  RSA  270 
by  inserting  after  section  17  the  following  new  section:  270:17-a  Opera- 
tion without  Registration;  Reciprocity.  A  power  boat  owned  by  a  non- 
resident and  duly  registered  for  the  current  year  in  a  contiguous  state  of 
which  the  owner  is  a  resident  may  be  operated  upon  those  public  waters 
of  this  state  which  are  contiguous  to  or  intersected  by  the  boundary  line 
of  this  state  with  such  other  state  and  are  not  under  the  jurisdiction  of  the 
United  States  Coast  Guard,  without  registration  under  this  chapter  to 
the  extent  as  to  period  of  operation  and  otherwise  that  said  contiguous 
state  of  registration  grants  similar  privileges  for  the  operation  of  such 
power  boats  owned  by  residents  of  this  state  and  registered  under  its  laws. 
The  director  of  the  division  of  motor  vehicles  of  the  department  of  safety 
for  the  purpose  of  this  section  shall  determine  the  nature  and  extent  of 
the  privileges  for  the  operation  of  power  boats  granted  by  such  other 
states  to  residents  of  this  state  and  his  determination  shall  be  final. 

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

[Approved  March  6,  1963.] 
[Effective  date  May  5,  1963.] 


12  Chapter  19  [1963 

CHAPTER  19. 

AN  ACT  REQUIRING  COUNTIES  TO  BE  LISTED  ALPHABETICALLY. 

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

19:1  Counties  Listed  Alphabetically.  Amend  RSA  20  by  inserting 
after  section  9  the  following  new  section:  20:9-a  List  of  Counties.  In  all 
publications  of  the  state  or  any  subdivision,  branch,  department  or  com- 
mission thereof,  other  than  in  statutes  enacted  by  the  general  court,  the 
counties  of  the  state  shall  be  listed  in  alphabetical  order. 

19:2  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  March  11,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  20. 


AN  ACT  RELATIVE  TO  RECLASSIFICATION  OF  CERTAIN  HIGHWAYS  IN  THE 

TOWN  OF  LYMAN. 

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

20:1  Reclassification.  Three  sections  of  highway  in  Lyman  are  here- 
by reclassified  as  follows: 

I  Approximately  1.50  miles  of  the  Class  V  highway  running  from 
Lyman  to  Tinkerville,  from  its  junction  with  the  Lyman  Center  Road, 
so  called,  to  its  junction  with  the  Monroe  and  Tinkerville  Roads,  so 
called,  to  Class  II  highway  on  completion  of  bituminous  surfacing  by  the 
town. 

II  The  Class  II  portion  of  the  Monroe  Road,  so  called,  approxi- 
mately 0.16  miles,  to  Class  V  highway. 

III  The  Class  II  portion  of  the  Black  Valley  Road,  so  called,  ap- 
proximately 0.70  miles,  to  Class  V  highway. 

20:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  11,  1963.] 
[Effective  date  May  10,  1963.] 


1963]  Chapter  21  13 

CHAPTER  21. 

AN  ACT  RELATIVE  TO  THE  STATE  LIBRARY. 

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

21:1  New  Chapter.  Amend  RSA  by  inserting  after  cliapter  201  the 
following  new  chapter: 

Chapter  201 -A 

The  State  Library 
201-A:1    State  Library  Established.    There  is  hereby  created  a  state 
library  which  shall  be  under  the  general  control  and  supervision  of  a 
State  Library  Commission, 

201-A:2  Services  of  the  State  Library.  The  state  library  shall  provide 
the  following  library  services  and  facilities  for  the  benefit  of  the  various 
branches  of  state  government  and  for  the  people  of  the  state. 

L  Legislative  Reference  Service.  A  reference  service  and  collection 
of  materials  especially  designed  to  provide  such  information  as  will  aid 
the  members  of  the  general  court  to  meet  their  legislative  responsibilities. 

II.  Law  Library.  A  law  library  for  the  use  of  the  justices  of  the 
supreme  and  superior  courts  and  all  other  judicial  officers  of  the  state, 
and  attorneys  of  New  Hampshire. 

III.  General  Reference  Service.  A  collection  of  books  and  related 
materials  necessary  for  an  adequate  reference  service  to  provide  for  the 
needs  of  state  and  local  officials  and  employees,  educators  and  scholars, 
and  the  general  public.  This  collection  shall  include  (a)  materials  especi- 
ally relating  to  the  work  of  the  several  departments;  (b)  books,  manuscripts 
and  other  material  concerning  the  state,  including  all  the  official  publica- 
tions of  the  state  and  its  political  subdivisions;  (c)  the  voters'  checklist 
used  in  each  town  and  city  ward  at  presidential  elections;  and  (d)  books 
and  related  materials  which  will  supplement  and  reinforce  the  resources 
of  public  and  school  libraries. 

IV.  Branch  Offices.  Branch  offices  under  the  direction  of  the  state 
library  with  collections  of  currently  useful  books  and  related  materials  to 
serve  all  the  geographic  areas  of  the  state  by  providing  professional  as- 
sistance and  long  term  loans  of  library  materials.  Bookmobiles  may  be 
used  to  distribute  these  materials. 

V.  Advisory  and  Planning  Assistance.  Promote  and  advance  library 
service  throughout  the  state  and  serve  as  the  coordinator  for  a  statewide 
system  of  libraries.  It  may  supply  professional  advice  and  information  on 
the  management  and  operation  of  libraries  through  conferences,  insti- 
tutes, correspondence  and  publications  and  may  organize  and  administer 
projects  to  demonstrate  efficient  and  economical  methods  of  improved 


14  Chapter  21  [1963 

service.  It  shall  collect  information  about  libraries;  study  library  problems 
and  make  the  findings  known  throughout  the  state. 

201-A:3  Ck)mmission;  Qualifications.  The  state  library  commission 
shall  consist  of  six  members  of  whom  five  shall  be  appointed  by  the  gov- 
ernor with  the  advice  and  consent  of  the  council  and  one  as  provided  in 
section  6.  No  more  than  three  of  the  appointed  commissioners  shall  be  of 
the  same  political  party  and  one  commissioner  shall  be  a  member  of  the 
New  Hampshire  bar. 

201-A:4  —  Tenure.  The  term  of  office  of  each  appointive  commis- 
sioner shall  be  five  years  and  until  his  successor  is  appointed  and  qualified. 
In  case  of  a  vacancy  other  than  by  the  expiration  of  the  term,  the  appoint- 
ment of  a  successor  shall  be  made  for  the  balance  of  the  term, 

201-A:5  Removal.  Any  commissioner  may  be  removed  from  office 
in  accordance  with  the  provisions  of  RSA  4:1. 

201-A:6  Member  of  the  State  Board  of  Education.  In  addition  to 
the  five  appointive  members  of  the  state  library  commission  the  state 
board  of  education  shall  select  one  of  its  members  to  serve  as  a  voting 
member  on  the  commission. 

20 1 -A:  7  —  Organization.  The  commission  shall  adopt  by-laws  for 
its  internal  organization  and  operation.  The  state  librarian  shall  serve  as 
secretary  to  the  commission  and  shall  keep  an  accurate  and  complete 
record  of  all  its  meetings. 

201-A:8  —  Compensation.  The  appointive  members  of  the  commis- 
sion shall  serve  without  compensation  but  shall  be  reimbursed  for  their 
actual  expenses  incurred  in  the  performance  of  their  duties. 

201-A:9  Powers  and  Duties.  In  addition  to  the  other  powers,  duties 
and  responsibilities  provided  by  law,  the  commission  shall: 

I.  Make  all  necessary  rules  and  regulations  for  the  proper  control 
and  administration  of  the  state  library; 

II.  Appoint  a  state  librarian  and,  upon  his  or  her  recommendation, 
an  assistant  state  librarian; 

III.  Preserve  a  sufficient  number  of  copies  of  all  official  reports, 
documents,  and  records  including  those  enumerated  in  RSA  20  and  in 
RSA  505  to  be  deposited  in  the  state  library. 

IV.  Collect  and  analyze  statistics  and  undertake  research  pertaining 
to  libraries  and  make  the  resultant  findings  available  to  all  public,  school 
and  institutional  libraries  within  the  state; 

V.  Publish  and  submit  to  the  governor  a  biennial  report  of  its  ac- 
tivities and  of  the  status  and  needs  of  the  library  as  reported  by  the  state 
librarian,  including  recommendations  for  improving  library  service; 


1963]  Chapter  21  15 

VI.  Issue  a  publication  at  least  four  times  a  year  which  shall  contain 
general  and  specific  information  to  improve  library  management.  It  shall 
be  distributed  under  the  direction  of  the  commission. 

201-A:10  Commission;  Discretionary  Authority.  In  addition  to  the 
duties  imposed  by  law,  the  commission  may,  at  its  discretion: 

I.  Receive  and  accept  at  any  time  such  sums  of  money  as  may  be 
donated  for  the  purpose  of  purchasing  books  or  other  supplies  or  facilities 
for  the  state  library;  and  money  so  received  shall  be  converted  into  a 
continuous  fund  or  funds  which  shall  not  lapse;  to  be  held  by  the  state 
treasurer  from  which  payments  shall  be  made  in  accordance  with  the  stipu- 
lations of  the  donor,  upon  warrant  of  the  governor  and  council  for  such 
purposes  as  are  approved  by  the  commission; 

II.  Dispose  by  sale  or  exchange  of  all  or  any  part  of  the  surplus  state 
publications  deposited  in  the  state  library; 

III.  Act  as  custodians  for  the  state  of  collections  of  books,  pamphlets, 
maps,  manuscripts  and  other  materials,  upon  such  terms  and  under  such 
regulations  as  to  them  seem  proper; 

IV.  Encourage  contractural  and  cooperative  relations  between  pub- 
lic, private,  college  and  school  libraries; 

V.  Enter,  with  the  approval  of  the  governor  and  council,  into  any 
agreement  or  compact  with  any  other  state  or  states,  with  the  United 
States,  and  with  library  trustees  and  other  agencies,  public  and  private, 
for  the  purpose  of  developing,  improving  or  operating  library  facilities 
and  services  on  the  basis  of  mutual  advantages  and  thereby  providing 
more  efficient  or  economical  library  service; 

VI.  Issue  booklets,  bulletins,  and  other  publications  as  will  benefit 
the  libraries  of  the  state  and  increase  the  efficiency  of  the  state  library; 

VII.  Award  scholarships  to  qualified  persons  to  attend  a  graduate 
library  school  accredited  by  the  American  Library  Association; 

VIII.  Establish,  equip,  and  maintain  branch  offices  when  the  library 
needs  of  the  state  will  be  better  served; 

IX.  Establish,  maintain  and  administer  a  system  of  library  districts; 

X.  Conduct  and  arrange  for  training  programs  for  library  personnel. 

201-A:11  State  Aid  to  Libraries  or  Groups  of  Libraries.  The  library 
commission  may  use  any  funds  appropriated  by  the  state,  or  granted  by 
the  federal  government,  or  other  agencies  to  increase,  improve,  stimulate 
and  equalize  public  library  service  to  the  people  of  the  state.  In  allocating 
such  funds  to  libraries  or  groups  of  libraries  the  commission  is  authorized 
to  adopt  such  rules  and  regulations  as  may  be  in  the  public  interest,  tak- 
ing into  account  among  other  relevant  factors,  both  local  needs  and  the 


16  Chapter  21  [1963 

efforts  which  are  being  made  locally  to  meet  these  needs,  and  where  feas- 
ible to  extend  priority  to  groups  of  libraries  working  together,  which 
provide  more  efficient  and  economical  service.  This  fund  shall  be  known 
as  the  Library  Development  Fund  and  grants  to  libraries  and  groups  of 
libraries  shall  be  made  upon  warrant  of  the  governor  and  council  to  such 
libraries  and  groups  of  libraries  as  are  approved  by  the  commission. 

201-A:12  Federal  Grants.  The  commission  may  make,  with  the 
approval  of  the  governor  and  council,  any  regulations  necessary  to  com- 
ply with  the  provisions  of  any  law  of  the  United  States,  heretofore  or  here- 
after enacted,  intended  to  promote  library  service. 

201-A:13  Acceptance  of  Funds.  The  commission  may  receive,  ac- 
cept and  administer  any  money  granted  by  the  federal  government  or 
other  agencies,  private  or  otherwise  for  providing,  equalizing  or  strength- 
ening a  state-wide  system  of  library  service  in  New  Hampshire.  Any  gift 
or  srrant  from  the  federal  government  or  other  source  as  hereinbefore 
provided  shall  be  deposited  in  the  state  treasury  and  credited  to  a  special 
fund  which  shall  be  continuous  and  shall  not  lapse.  Any  moneys  appropri- 
ated by  the  state  for  such  purposes  may  be  added  to  said  fund  and  all 
moneys  so  deposited  shall  be  paid  out  by  the  treasurer  on  a  warrant  of 
the  governor  and  council  for  services  approved  by  the  commission  which 
will  improve  and  equalize  library  service  in  this  state. 

201-A:14  State  Librarian,  Qualifications  and  Tenure.  The  state 
librarian  shall  be  appointed  to  a  five-year  term  of  office,  and  until  his 
successor  is  appointed  and  qualified.  He  shall  be  a  graduate  of  an  accred- 
ited library  school  and  shall  have  had  at  least  four  years'  experience  in 
a  library  in  an  administrative  capacity.  He  may  be  removed  by  the  com- 
mission after  a  hearing  for  reasonable  cause.  He  shall  be  paid  the  annual 
salary  prescribed  by  RSA  94: 1-4  as  amended. 

201 -A:  15  —  Powers  and  Duties.  In  addition  to  any  other  powers  and 
duties  which  he  may  be  delegated  from  time  to  time,  the  state  librarian 
shall: 

I.  Serve  as  the  executive  and  administrative  officer  of  the  state  li- 
brary; 

II.  Recommend  to  the  commission  the  appointment  of  an  assistant 
state  librarian; 

III.  Appoint  all  other  employees  of  the  state  library  subject  to  the 
regulations  of  the  state  personnel  commission; 

IV.  Purchase  books  and  related  materials  for  the  state  library,  sub- 
ject to  RSA  8:25,  III; 

V.  Order  books  and  related  materials  at  the  request  of  state  agen- 
cies and  of  other  libraries  having  funds  on  deposit  with  the  state  treasurer, 
provided  nothing  in   this  arrangement  shall  be  construed  to  interfere 


1963]  Chapter  21  17 

with  the  right  of  each  library  to  make  its  own  selection  of  books  to  be 
ordered; 

VI.  Operate  a  cataloging  and  book  processing  service  for  the  benefit 
of  local  libraries  or  state  departments. 

201-A:16  Assistant  State  Librarian;  Qualifications  and  Tenure.   The 

assistant  state  librarian  shall  be  appointed  to  a  five-year  term  of  office, 
and  until  his  successor  is  appointed  and  qualified.  He  shall  be  a  graduate 
of  an  accredited  library  school  and  shall  have  had  such  experience  as  will 
qualify  him  for  the  work.  He  may  be  removed  by  the  commission  after 
a  hearing  for  reasonable  cause.  He  shall  be  paid  the  annual  salary  pre- 
scribed by  RSA  94: 1-4  as  amended. 

201-A:17  —  Powers  and  Duties.  In  addition  to  any  powers  and  duties 
which  he  may  be  delegated,  he  shall  serve  as  the  deputy  to  the  state  li- 
brarian and  during  the  absence  or  disability  of  the  state  librarian  perform 
all  the  duties  of  the  office. 

201-A:  18  Deposit  of  Official  Reports  and  Publications. 

I.  Within  thirty  days  after  publication, 

(1)  the  head  of  every  state  department  and  institution,  every  legis- 
lative commission  and  any  commission  operating  under  executive  author- 
ity shall  deliver  to  the  state  library  three  copies  of  all  reports  and  all  other 
publications  issued  under  the  authority  of  the  state  department  or  insti- 
tution, 

(2)  the  head  of  each  state  supported  institution  of  learning,  includ- 
ing the  University  of  New  Hampshire,  shall  deliver  two  copies  of  all 
reports  and  all  other  publications  issued  under  the  authority  of  the  state 
department  or  institution, 

(3)  the  county  commissioners  of  each  county  shall  forward  to  the 
state  library  two  copies  of  the  report  of  the  county  for  the  previous  fiscal 
year, 

(4)  the  clerk  in  each  town  and  city  shall  forward  to  the  state  library 
two  copies  each,  and  to  the  library  of  the  University  of  New  Hampshire 
one  copy  each,  of  the  city  or  town  report  for  the  previous  fiscal  year. 

II.  Within  seventy-two  hours  of  the  closing  of  the  polls  for  each 
presidential  election,  the  supervisors  of  the  checklist  in  the  towns,  and 
corresponding  officers  in  the  cities,  shall  send  one  of  the  marked  check- 
lists which  was  used  in  said  election,  certified  by  said  officers,  to  the  state 
library. 

201-A:  19   Disposition  of  Fees,  Fines  and  Exchange  of  Property.  Any 

funds  accruing  to  the  state  library  from  the  sale  or  exchange  of  books, 
pamphlets,  maps,  manuscripts  and  other  related  material,  or  from  fees 


18  Chapter  22  [1963 

and  fines  from  lost  or  damaged  property,  shall  be  paid  into  the  state 
treasury,  and  held  in  a  continuous  fund  for  the  purchase  of  books  and 
related  materials  for  the  state  library. 

201-A:20  Building  and  Facilities.  The  state  library  shall  control  all 
space  in  the  state  library  building  not  used  and  under  the  control  of  the 
supreme  court.  Control  of  the  supreme  court  rooms  is  vested  in  that  court. 
The  division  of  purchase  and  property  shall  maintain  the  state  library 
building  and  grounds  in  suitable  repair  and  condition  for  use  by  the  state 
library  and  the  supreme  court. 

21:2  Present  Incumbents.  The  members  of  the  state  library  commis- 
sion in  office  at  the  effective  date  of  this  act  shall  continue  in  office  as 
members  of  the  state  library  commission  established  by  RSA  201 -A  until 
the  expiration  of  their  respective  terms  under  the  provisions  of  RSA  201. 
Appointment  of  members  of  the  state  library  commission  under  RSA 
201 -A: 3  shall  be  made  for  terms  beginning  April  1  for  each  year  as  the 
terms  of  office  of  present  incumbents  expire. 

21:3  Repeal.  RSA  201,  as  amended  by  1957,  158:1  and  1961,  63:1, 
relative  to  the  state  library,  is  hereby  repealed. 

21:4  Transfer  of  Funds.  Any  funds  held  in  the  state  treasury  for 
the  state  library  at  the  effective  date  of  this  act  shall  be  transferred  and 
be  available  for  the  state  library  constituted  by  RSA  201 -A. 

21:5  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  March  18,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  22. 

AN  ACT  PROVmiNG  PENALTIES  FOR  THE  RECKLESS  OPERATION  OF  BOATS 

RESULTING  IN  DEATH. 

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

22:1  Operation  of  Boats.  Amend  RSA  570:28  (supp)  as  amended  by 
1959,  143:1  and  1961,  127:1  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  570:28  While  Under  the  Influence  of  Liquor 
or  Drugs  —  Recklessly;  Death  Resulting.  It  shall  be  unlawful  for  any 
person  to  operate  a  power  boat  or  outboard  motor  while  under  the  in- 
fluence of  intoxicating  liquor  or  any  narcotic  or  habit-producing  drug; 
or  to  operate  such  a  boat  or  motor  recklessly  or  so  that  the  lives  or  safety 
of  others  may  be  endangered.  Any  person  convicted  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 


1963]  Chapter  23  19 

hundred  dollars,  or  imprisoned  not  more  than  six  months  or  both.  If  the 
death  of  any  person  results  from  the  reckless  operation  of  a  boat,  the 
person  convicted  of  such  reckless  operation  shall,  in  lieu  of  any  other 
penalty  imposed  by  this  section  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both,  provided  that 
the  provisions  of  this  section  shall  not  be  construed  to  limit  or  restrict 
prosecution  for  manslaughter. 

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

[Approved  March  18,  1963.] 
[Effective  date  May  17,  1963.] 


CHAPTER  23. 

AN  ACT  RELATIVE  TO  ELECTION  PRINTING  BY  THE  SECRETARY  OF  STATE. 

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

23:1  Secretary  of  State.  Amend  RSA  56  by  inserting  after  section  8 
the  following  new  section:  56:8-a  Printing.  The  secretary  of  state  is  au- 
thorized to  contract  for  printing  in  connection  with  his  duties  under  the 
election  laws.  The  provisions  of  RSA  8  relative  to  competitive  bidding 
for  state  purchases  shall  not  apply  to  contracts  entered  into  by  the  secre- 
tary of  state  hereunder. 

23:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  passage. 
[Approved  March  18,  1963.] 
[Effective  date  May  17,  1963.] 


CHAPTER  24. 


AN  ACT  RELATIVE  TO  A  CERTAIN  TRANSFER  OF  LAND  FROM  THE  STATE  TO  THE 

TOWN  OF  NEWBURY. 

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

24:1  Ratification  of  Transfer.  The  conveyance  by  the  state  to  the 
town  of  Newbury,  dated  May  15,  1959,  of  a  parcel  of  land  of  some  three 
acres  in  the  town  of  Newbury,  which  conveyance  was  approved  by  the 
governor  and  council  at  the  meeting  of  February  27,  1959,  is  hereby  con- 
firmed. 

24:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  March  18,  1963.] 
[Effective  date  March  18,  1963.] 


20  Chapter  25  [1963 

CHAPTER  25. 

AN  ACT  RELATIVE  TO  THE  REMOVAL,  TRANSPORTATION  AND  DISPOSAL  OF 
HUMAN  EXCREMENT  AND  OTHER  PUTRESCIBLE  MATERIAL. 

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

25:1  Putrescible  Material.  Amend  RSA  147  by  inserting  after  sec- 
tion 32  (supp)  as  inserted  by  1959,  282:1  the  following  new  subdivision: 

Removal,  Transportation  and  Disposal  of  Putrescible  Material 

147:33  Terms  Defined.  As  used  in  this  subdivision  the  following 
terms  shall  have  the  following  meanings: 

I.  The  terms  "human  excrement"  and  "other  putrescible  material" 
shall  mean  the  liquid  or  solid  waste  matter  discharged  from  the  intestinal 
canal  of  man  or  other  liquid  or  solid  waste  materials  which  are  likely  to 
undergo  bacterial  decomposition;  provided,  however,  that  these  terms 
shall  not  include  garbage  as  defined  in  RSA  147:24. 

II.  The  word  "division"  shall  mean  the  division  of  public  health 
services  of  the  state  department  of  health  and  welfare. 

147:34  Permit  Required.  Any  person,  firm,  corporation,  municipal 
subdivision  or  institution  who  removes,  transports,  or  disposes,  or  intends 
to  remove,  transport  or  dispose  of  any  human  excrement  or  other  putres- 
cible material  by  portable  or  mobile  container  shall  hold  an  unrevoked 
permit  for  that  purpose  from  the  division  of  public  health  services. 

147:35  Application.  Upon  application  for  a  permit  the  applicant 
shall  file  a  statement  stating  the  place  or  places  where  the  material  will 
be  disposed  of,  the  method  of  disposal  to  be  employed,  means  by  which 
the  material  will  be  removed  or  transported  and  submit  in  writing  an 
approval  from  the  board  of  health  of  the  town  or  towns  in  which  each 
disposal  site  is  to  be  located  that  such  disposal  is  permitted. 

147:36  Issuance.  Upon  receipt  of  an  application  and  required  state- 
ments, and  if  after  inspection  proper  vehicles  are  found  available,  a  permit 
shall  be  issued  authorizing  the  applicant  to  conduct  said  business  for  a 
period  of  one  year  or  fraction.  A  permit  shall  expire  June  30  next  follow- 
ing its  issuance. 

147:37  Fees;  Identification.  The  annual  permit  fee  shall  be  fifteen 
dollars  for  each  vehicle  employed.  Each  vehicle  shall  have  inscribed  upon 
its  body  a  permit  identification  as  required  by  regulations.  Every  person 
operating  a  vehicle  used  in  transporting  putrescible  material  shall  retain 
the  permit  as  issued  or  a  certified  copy  thereof  in  said  vehicle  in  some 
easily  accessible  place. 


1963]  Chapter  26  21 

147:38  Denial,  Suspension  or  Revocation  of  Permit.  If,  upon  in- 
spection, the  division  finds  that  any  tank,  wagon,  tank  truck,  tank  car, 
can  or  any  other  container  or  any  equipment  used  or  intended  to  be  used 
for  the  purpose  of  removal  or  transportation  of  human  excrement  or 
other  putrescible  material  does  not  conform  to  the  regulations  promul- 
gated hereunder,  or  that  such  material  is  being  disposed  of  in  a  manner 
contrary  to  such  regulations,  the  applicant  shall  be  denied  a  permit.  If 
at  anytime  after  a  permit  has  been  granted  the  applicant  fails  to  operate 
in  a  manner  prescribed  or  with  equipment  failing  to  meet  the  require- 
ments as  prescribed  by  such  regulations,  the  permit  shall  be  revoked. 

147:39  Procedure.  Before  revoking  a  permit  the  division  shall  give 
written  notice  by  certified  mail  stating  that  it  contemplates  such  action 
and  giving  its  reasons  therefor.  Said  notice  shall  set  forth  a  time  when  a 
hearing  will  be  held.  On  the  day  of  hearing  the  party  concerned  may  pre- 
sent such  evidence  as  he  deems  fit. 

147:40  Regulations.  The  commissioner  of  the  state  department  of 
health  and  welfare,  upon  recommendations  of  the  division,  shall  promul- 
gate regulations  governing  the  structural  and  sanitary  requirements  of 
all  vehicles  to  be  used  in  transportation  of  putrescible  materials  here- 
under, designating  proper  disposal  methods. 

147:41  Exemptions.  The  provisions  of  this  subdivision  shall  not  be 
applicable  to  persons  hauling  sludge  from  a  public  sewage  treatment 
plant  or  individuals  hauling  animal  or  poultry  manure  for  use  as  fer- 
tilizer. 

147:42  Penalty.  Whoever  violates  any  provisions  of  this  subdivision 
or  any  regulation  made  hereunder,  shall  be  fined  not  less  than  one  hun- 
dred dollars  or  imprisoned  not  more  than  sixty  days,  or  both. 

25:2  Takes  Effect.  This  act  shall  take  effect  July  1,  1963. 
[Approved  March  21,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  26. 


AN  ACT  PROVIDING  FOR  CHAIRMAN  PRO  TEM  FOR  WATER  POLLUTION 
COMMISSION  AND  RELATIVE  TO  STANDARDS  FOR  CLASS  B-1    WATERS. 

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

26:1    Water  Pollution  Commission.    Amend  RSA  149  by  inserting 
after  section  2  the  following  new  section:    149:2-a   Chairman  Pro  Tem. 

In  case  the  chairman  of  the  commission  is  absent  from  any  meeting  or  is 
unable  to  perform  his  duties  as  such  chairman  the  members  of  the  com- 


22  Chapter  27  [1963 

mission  shall  elect  one  of  the  members-at-large  to  act  as  chairman  pro  tern 
and  he  shall  continue  in  such  capacity  during  the  absence  or  disability 
of  the  chairman. 

26:2   Standards  for  Class  B  Waters.  Amend  paragraph  II,  (a)  of  RSA 

149:3  by  striking  out  the  word  "industrial"  in  the  fourth  line  so  that  said 
paragraph  as  amended  shall  read  as  follows:  (a)  Class  B-1  waters  shall 
have  no  objectionable  physical  characteristics,  shall  be  near  saturation 
for  dissolved  oxygen,  and  shall  contain  not  more  than  two  hundred  forty 
coliform  bacteria  per  one  hundred  milliliters.  There  shall  be  no  disposal 
of  sewage  or  waste  into  said  waters  except  those  which  have  received  ade- 
quate treatment  to  prevent  the  lowering  of  the  physical,  chemical  or  bac- 
teriological characteristics  below  those  given  above,  nor  shall  such  disposal 
of  sewage  or  waste  be  inimical  to  fish  life  or  to  the  maintenance  of  fish 
life  in  said  receiving  waters.  The  waters  of  this  classification  shall  be  con- 
sidered as  being  acceptable  for  bathing  and  other  recreational  purposes 
and,  after  adequate  treatment,  for  use  as  water  supplies. 

26:3   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  March  21,  1963.] 
[Effective  date  March  21,  1963.] 


CHAPTER  27. 


AN  ACT  RELATING  TO  THE  DISQUALIFICATION  OF  JUSTICES  OF  THE  MUNICIPAL 

COURT. 

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

27:1  Municipal  Courts.  Amend  RSA  502:9  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  502:9  Disqualifica- 
tion of  Justices,  etc.  No  justice,  special  justice  or  clerk  of  any  municipal 
court  shall  be  retained  or  employed  as  attorney  in  any  action,  complaint, 
or  proceeding  pending  in  his  court,  or  which  has  been  examined  or  tried 
therein.  No  justice  of  any  municipal  court  shall  be  retained  or  employed 
as  an  attorney  in  any  criminal  action  pending  before  any  other  municipal 
court.  No  attorney  shall  be  permitted  to  practice  in  any  proceeding  before 
any  municipal  court  where  the  justice  thereof  is  associated  with  said  at- 
torney in  the  practice  of  law. 

27:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  21,  1963.] 
[Effective  date  May  20,  1963.] 


1963]  Chapter  28  23 

CHAPTER  28. 

AN  ACT  RELATIVE  TO  CHANGING  THE  PENALTY  IN  ASSAULTS. 

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

28:1  Penalty.  Amend  RSA  585:21  by  inserting  after  the  words  "six 
months"  in  the  third  line  the  words,  or  both,  so  that  said  section  as  amend- 
ed shall  read  as  follows:  585:21  Assaults.  If  any  person  shall  assault  or 
beat  another,  or  in  any  way  break  the  peace,  he  shall  be  fined  not  more 
than  one  hundred  dollars,  or  imprisoned  not  more  than  six  months,  or 
both,  and  may  be  ordered  to  recognize,  with  sufficient  sureties,  to  keep 
the  peace  and  be  of  good  behavior  not  more  than  one  year. 

28:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  21,  1963.] 
[Effective  date  May  20,  1963.] 


CHAPTER  29. 

AN  ACT  RELATIVE  TO  REHABILITATION  OF  COVERED  WOODEN  BRIDGES. 

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

29:1  Covered  Wooden  Bridges.  Amend  RSA  243:5  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  243:5  Eligibility. 
No  town  or  city  may  apply  for  and  receive  aid  in  any  one  year  on  more 
than  one  bridge  on  a  class  II  highway  nor  more  than  one  bridge  on  a  class 
V  highway  in  accordance  with  the  provisions  of  RSA  242:4. 

29:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  21,  1963.] 
[Effective  date  May  20,  1963.] 


CHAPTER  30. 


AN  ACT  RELATIVE  TO  REPLACEMENTS  IN  AND  EXTENSION  OF  THE  HEATING 
PLANT  SYSTEM  AT  THE  UNIVERSITY  OF  NEW  HAMPSHIRE. 

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

30:1   Appropriation.   The  sum  of  two  hundred  and  twenty  thousand 
dollars  is  hereby  appropriated  for  the  purpose  of  providing  replacements 


24  Chapter  30  [1963 

in  and  extension  of  the  heating  plant  system  at  the  University  of  New 
Hampshire. 

30:2  Borrowing.  In  order  to  provide  funds  for  the  appropriation 
made  in  section  1  hereof,  the  trustees  of  the  university  are  hereby  au- 
thorized to  request  the  governor  and  council  to  borrow  upon  the  credit 
of  the  state  not  exceeding  the  sum  of  two  hundred  and  twenty  thousand 
dollars. 

30:3  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  two  hundred  and  twenty 
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  behalf 
of  the  state  at  a  rate  of  interest  to  be  determined  by  the  governor  and 
council,  but  in  no  case  shall  they  be  later  than  twenty  years  from  the  date 
of  issue.  The  bonds  shall  be  in  such  form  and  denomination  as  the  gov- 
ernor and  cotmcil  shall  determine,  may  be  registerable  as  to  both  prin- 
cipal and  interest,  shall  be  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  countersigning,  the  date  of  delivery  to  the  state  treas- 
urer 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 
^vhom  sold,  the  amount  received  from  the  same,  the  date  of  the  sale  and 
the  date  of  maturity. 

30:4  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  time  shall  the  indebtedness  of  the  state  on 
such  short  term  loans  exceed  the  sum  of  two  hundred  and  twenty  thou- 
sand dollars. 

30:5  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 
warrant  for  the  payment  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. 

30:6  Liquidation.  The  state  treasurer  is  authorized  to  deduct  from 
the  fund  accruing  to  the  imiversity  under  RSA  187:24,  or  appropriation 


1963]  Chapter  31  25 

in  lieu  thereof,  for  each  fiscal  year  such  sum  or  sums  as  may  be  necessary 
to  meet  interest  and  principal  payments  in  accordance  with  the  terms  and 
conditions  of  the  bonds  or  notes  issued  under  the  authority  of  this  act  for 
the  purposes  herein  stated. 

30:7   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  March  21,  1963.] 
[Effective  date  March  21,  1963.] 


CHAPTER  31. 


AN  ACT  RELATING  TO  PARTICIPATION  BY  THE  STATE  OF  NEW  HAMPSHIRE  IN 
THE  NEW  YORK  WORLD'S  FAIR,  1964-1965. 

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

31:1  Contract  Authorized.  The  governor  is  authorized  and  em- 
powered to  negotiate  and  enter  into  a  contract,  on  behalf  of  the  state  of 
New  Hampshire,  with  the  New  England  Council  World's  Fair  Corpora- 
tion, a  non-profit  corporation  organized  and  existing  under  chapter  180 
of  the  General  Laws  of  the  Common^vealth  of  Massachusetts,  for  the  pur- 
pose of  providing  the  participation  of  the  state  of  New  Hampshire,  in 
conjunction  with  other  New  England  states,  in  the  New  York  World's 
Fair,  1964-1965.  Such  contract  may  in  addition  to  such  other  provisions 
as  shall  seem  appropriate  to  the  governor,  provide  for  the  state's  share  of 
(1)  the  construction  of  a  state  of  New  Hampshire  pavilion  and  of  exhibits 
to  be  included  therein;  (2)  the  construction  of  New  England  states  exhibi- 
tion pavilions,  exhibits,  grounds  and  facilities,  such  facilities  to  include 
but  not  to  be  limited  to  a  restaurant  and  country  store  establishment; 
(3)  the  operation,  management  and  maintenance  of  the  state  of  New 
Hampshire  pavilion  provided  that  the  personnel  staffing  and  promotion 
of  the  state  of  New  Hampshire  exhibits  shall  be  the  responsibility  of  the 
state  and  not  a  part  of  the  said  contract;  (4)  the  operation  and  manage- 
ment of  the  New  England  states  exhibition  pavilions,  grounds  and  fa- 
cilities and  the  personnel  staffing  and  maintenance  of  exhibits  to  be  in- 
cltided  therein;  (5)  the  promotion  and  publicity  of  the  New  England  states 
exhibition;  and  (6)  the  general  business  administration,  supervision,  ac- 
counting, and  insurance  of  the  entire  exhibition  and  all  pavilions.  The 
laws  relating  to  the  construction,  supervision,  operation  and  control  of 
state  buildings  and  to  the  purchase  of  state  supplies  shall  not  apply  to 
buildings,  exhibitions,  exhibits  or  facilities  provided  for  under  such  con- 
tract, provided,  however,  that  such  contract  shall  allow  the  state  to  ex- 
amine and  audit  the  books  and  records  of  the  New  England  Council 
World's  Fair  Corporation.  Such  contract  shall  provide  that  any  excess 
funds  or  profits  held  by  the  New  England  Council  World's  Fair  Corpora- 
tion after  the  payment  of  all  obligations  of  said  corporation  upon  the 


26  Chapter  32  [1963 

termination  of  the  New  York  World's  Fair,  1964-1965,  shall  be  returned 
to  the  states  with  ^vhom  the  said  corporation  has  contracted  in  accordance 
with  the  formula  set  forth  in  each  said  contract  under  which  such  state 
paid  its  share  in  conjunction  with  other  New  England  states.  Any  pay- 
ment returned  to  the  state  of  New  Hampshire  hereunder  shall  be  paid 
to  the  general  funds. 

31:2  Appropriation.  For  the  purpose  of  carrying  out  the  provisions 
of  section  1  of  this  act,  the  sum  of  three  hundred  and  twenty-four  thou- 
sand dollars  is  hereby  appropriated  to  be  expended  by  the  governor.  Any 
provision  of  law  to  the  contrary  notwithstanding,  the  governor  may,  upon 
signing  the  contract  authorized  by  section  1,  draw  his  warrant  out  of  any 
money  in  the  treasury  not  otherwise  appropriated,  for  the  state's  share  due 
under  such  contract  and  cause  such  sum  to  be  paid  over  to  the  New  Eng- 
land Council  World's  Fair  Corporation  under  the  terms  of  such  contract. 
Nothing  in  this  act  and  nothing  in  any  contract  executed  pursuant  hereto 
shall  be  deemed  to  pledge  the  credit  of  the  state  nor  to  incur  any  liability 
for  the  state  in  excess  of  the  sum  appropriated  herein. 

31:3    Promotion  and  Exhibits.    For  the  purpose  of  promoting  and 

exhibiting  at  the  New  York  World's  Fair,  1964-1965,  the  arts,  industries, 
institutions,  resources,  products,  recreational  advantages  and  general 
development  of  the  state  of  New  Hampshire  the  sum  of  sixty-four  thou- 
sand dollars  is  hereby  appropriated  to  be  expended  by  the  New  Hamp- 
shire department  of  resources  and  economic  development.  Said  sum  shall 
be  expended  for  the  personnel  staffing  of  exhibits  at  the  state  of  New 
Hampshire  pavilion  and  for  special  publicity,  promotion,  clerical  and 
travel  expenses  within  and  without  the  state  in  connection  therewith. 
The  governor  is  hereby  authorized  to  draw  his  warrant  for  the  sum  appro- 
priated under  this  section  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 

31:4  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  26,  1963.] 
[Effective  date  March  26,  1963.] 


CHAPTER  32. 

AN  ACT  RELATIVE  TO  THE  SALE  OF  THE  FRANKLIN  ARMORY. 

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

32:1  Authorization  for  sale.  The  governor  and  council  are  hereby 
authorized  to  sell  at  private  sale  the  Franklin  armory  and  site  to  the  city 
of  Franklin  at  such  price  as  they  may  determine  to  be  fair  and  equitable 


1963]  Chapter  33  27 

as  soon  as  the  same  is  vacated  by  the  national  guard  of  the  state  in  order 
to  occupy  a  new  armory  in  Franklin. 

32:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  March  27,  1963.] 
[Effective  date  May  26,  1963.] 


CHAPTER  33. 


AN  ACT  RELATIVE  TO  SECURING  FEDERAL  ASSISTANCE  IN  THE  PROTECTION 
OF  THE  SHORE  LINE  AT  WALLIS  SANDS. 

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

33:1  Authority  Granted.  In  order  that  the  state  may  avail  itself  of 
federal  assistance  in  measures  necessary  for  the  protection  of  the  shore 
at  Wallis  Sands,  such  measures  being  described  as  the  Wallis  State  Beach 
Development  Project,  so-called,  and  any  modifications  thereof,  the  gov- 
ernor and  council  are  hereby  authorized  to  render  such  assurances  to  the 
federal  government  on  behalf  of  the  state  as  the  federal  government  may 
require,  including  but  not  limited  to,  an  assurance  that  the  state  of  New 
Hampshire  will  hold  and  save  the  United  States  free  from  all  claims  for 
damages  that  may  arise  before,  during  or  after  prosecution  of  the  work. 

33:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  29,  1963.] 
[Effective  date  March  29,  1963.] 


CHAPTER  34. 

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

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

34:1  Adjusted  Premiums.  Amend  the  last  paragraph  of  RSA  409:5 
(supp)  as  amended  by  1961,  75:2  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following:  Except  as  otherwise  provided  in  section  5-a, 
all  adjusted  premiums  and  present  values  referred  to  in  this  chapter  shall 
for  all  policies  of  ordinary  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 


28  Chapter  34  [1963 

more  than  three  years  younger  than  the  actual  age  of  the  insured,  and 
such  calculations  for  all  policies  of  industrial  insurance  shall  be  made  on 
the  basis  of  the  1941  Standard  Industrial  Mortality  Table,  All  calcula- 
tions 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,  how- 
ever, that  in  calculating  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  hun- 
dred and  thirty  per  cent  of  the  rates  of  mortality  according  to  such  ap- 
plicable 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  other  table  of  mortality  as  may  be  specified 
by  the  company  and  approved  by  the  insurance  commissioner. 

34:2  Adjusted  Premiums  after  Certain  Dates.  Amend  RSA  409:5-a 
(supp)  as  inserted  by  1959,  161:3,  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:  409:5-a  Adjusted  Premiums  after 
Certain  Dates.  (1)  In  the  case  of  ordinary  policies  issued  on  or  after  the 
operative  date  of  this  subsection  (1)  as  defined  herein,  all  adjusted  premi- 
ums and  present  values  referred  to  in  this  chapter  shall  be  calculated  on 
the  basis  of  the  Commissioners  1958  Standard  Ordinary  Mortality  Table 
and  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  that  for  any  category  of  ordi- 
nary 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.  Provided,  however,  that  in 
calculating  the  present  value  of  any  paid-up  term  insurance  with  accom- 
panying pure  endowment,  if  any,  offered  as  a  non-forfeiture  benefit,  the 
rates  of  mortality  assumed  may  be  not  more  than  those  shown  in  the  Com- 
missioners 1958  Extended  Term  Insurance  Table.  Provided,  further,  that 
for  insurance  issued  on  a  substandard  basis,  the  calculation  of  any  such 
adjusted  premiums  and  present  values  may  be  based  on  such  other  table 
of  mortality  as  may  be  specified  by  the  company  and  approved  by  the 
insurance  commissioner.  After  August  21,  '1959,  any  company  may  file 
with  the  insurance  commissioner  a  written  notice  of  its  election  to  com- 
ply with  the  provisions  of  this  subsection  after  a  specified  date  before 
January  1,  1966,  After  the  filing  of  such  notice,  then  upon  such  specified 
date  (which  shall  be  the  operative  date  of  this  subsection  for  such  com- 
pany), this  subsection  shall  become  operative  with  respect  to  the  ordinary 
policies  thereafter  issued  by  such  company.  If  a  company  makes  no  such 
election,  the  operative  date  of  this  subsection  for  such  company  shall  be 
January  1,  1966. 

(2)  In  the  case  of  industrial  policies  issued  on  or  after  the  operative 
date  of  this  subsection  (2)  as  defined  herein,  all  adjusted  premiums  and 


1963]  Chapter  34  29 

present  values  referred  to  in  this  chapter  shall  be  calculated  on  the  basis 
of  the  Commissioners  1961  Standard  Industrial  Mortality  Table  and  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  calculating  the  present 
value  of  any  paid-up  term  insurance  with  accompanying  pure  endow- 
ment, if  any,  offered  as  a  non-forfeiture  benefit,  the  rates  of  mortality 
assumed  may  be  not  more  than  those  shown  in  the  Commissioners  1961 
Industrial  Extended  Term  Insurance  Table.  Provided,  further,  that  for 
insurance  issued  on  a  substandard  basis,  the  calculation  of  any  such  ad- 
justed premiums  and  present  values  may  be  based  on  such  other  table  of 
mortality  as  may  be  specified  by  the  company  and  approved  by  the  com- 
missioner. 

After  the  effective  date  of  this  amendatory  act,  any  company  may  file 
with  the  insurance  commissioner  a  written  notice  of  its  election  to  comply 
Avith  the  provisions  of  this  subsection  after  a  specified  date  before  January 
I,  1968.  After  the  filing  of  such  notice,  then  upon  such  specified  date 
(which  shall  be  the  operative  date  of  this  subsection  for  such  company), 
this  subsection  shall  become  operative  with  respect  to  the  industrial  pol- 
icies thereafter  issued  by  such  company.  If  a  company  makes  no  such 
election,  the  operative  date  of  this  subsection  for  such  company  shall  be 
January  1,  1968. 

34:3  Policies  Issued  after  Operative  Date.  Amend  paragraph  (a)  of 
RSA  410:3  (supp)  as  amended  by  1959,  161:7  and  paragraph  (b)  of  said 
section  by  striking  out  said  paragraphs  and  inserting  in  place  thereof  the 
following:  (a)  For  all  ordinary  policies  of  life  insurance  issued  on  the 
standard  basis,  excluding  any  disability  and  accidental  death  benefits  in 
such  policies,  the  Commissioners '1941  Standard  Ordinary  Mortality  Table 
for  such  policies  issued  prior  to  the  operative  date  of  subsection  (1)  of 
section  5-a  of  chapter  409  as  amended,  and  the  Commissioners  1958 
Standard  Ordinary  Mortality  Table  for  such  policies  issued  on  or  after 
such  operative  date;  provided  that  for  any  category  of  such  policies  issued 
on  female  risks  all  modified  net  premiums  and  present  values  referred  to 
in  this  chapter  may  be  calculated  according  to  an  age  not  more  than  three 
years  younger  than  the  actual  age  of  the  insured. 

(b)  For  all  industrial  life  insurance  policies  issued  on  the  standard 
basis,  excluding  any  disability  and  accidental  death  benefits  in  such  pol- 
icies, the  1941  Standard  Industrial  Mortality  Table  for  such  policies 
issued  prior  to  the  operative  date  of  subsection  (2)  of  section  5-a  of  chapter 
409  as  amended,  and  the  Commissioners  1961  Standard  Industrial  Mor- 
tality Table  for  such  policies  issued  on  or  after  such  operative  date. 

34:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  1,  1963.] 
[Effective  date  May  31,  1963.] 


30  Chapter  35  [1963 

CHAPTER  35. 

AN  ACT  RELATING  TO  CREDIT  UNIONS. 

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

35:1  Deputy  Loan  Officer.  Amend  RSA  394:25-a  (supp)  as  inserted 
by  1957,  304:3,  by  adding  at  the  end  thereof  the  words,  the  directors  of  a 
credit  union  having  a  loan  officer  may,  if  the  by-laws  so  provide,  and  with 
the  approval  of  the  credit  committee,  appoint  and  fix  the  compensation 
of  a  deputy  loan  officer,  who  in  the  absence  of  the  loan  officer  shall  have 
and  exercise  such  of  the  powers  of  the  loan  officer  conferred  hereby  or  by 
the  by-laws  as  the  directors  shall  prescribe,  so  that  section  as  amended  shall 
read  as  follows:  394:25-a  Loan  Officer.  When  so  provided  by  the  by-laws 
the  board  of  directors  may,  with  the  approval  of  the  credit  committee, 
appoint  and  may  provide  for  the  compensation  of  a  loan  officer  to  act  un- 
der the  supervision  of  the  credit  committee  and  such  loan  officer,  when 
so  appointed  and  when  authorized  by  the  credit  committee,  may  make 
such  loans  as  the  credit  committee  shall  have  prescribed  without  the  neces- 
sity for  a  meeting,  or  approval  by  any  member  of  the  credit  committee. 
However,  such  loan  officer  shall  not  disapprove  of  any  loan  application. 
Any  loan  application  rejected  by  the  loan  officer  shall  be  referred  to  the 
credit  committee  for  action.  All  loans  made  by  the  loan  officer  shall  be 
approved  by  at  least  two  thirds  of  the  credit  committee  within  thirty-one 
days  following  approval  by  the  loan  officer.  The  directors  of  a  credit  union 
having  a  loan  officer  may,  if  the  by-laws  so  provide,  and  with  the  approval 
of  the  credit  committee,  appoint  and  fix  the  compensation  of  a  deputy 
loan  officer,  who  in  the  absence  of  the  loan  officer  shall  have  and  exercise 
such  of  the  powers  of  the  loan  officer  conferred  hereby  or  by  the  by-laws 
as  the  directors  shall  prescribe. 

35:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  2,  1963.] 
[Effective  date  June  1,  1963.] 


CHAPTER  36. 

AN  ACT  AUTHORIZING  PREPAYMENT  OF  TAXES. 

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

36:1  Authority  Granted.  Amend  RSA  80  by  inserting  after  section 
52  the  following  new  section.  80:52-a  Prepayment.  Any  town  by  vote 
at  a  town  meeting  under  a  proper  article  in  the  warrant  and  any  city  by 


1963]  Chapter  37  31 

vote  of  its  governing  board  may  authorize  the  prepayment  of  taxes  and 
authorize  the  collector  of  taxes  to  accept  payments  in  prepayment  of  taxes. 
If  a  town  or  city  so  votes,  any  person,  firm  or  corporation  owning  taxable 
property  on  April  first  may,  after  April  first  and  before  notice  of  the 
amount  of  taxes  assessed  against  said  property  for  that  year  has  been  re- 
ceived, make  payments  on  account  of  such  taxes  in  sums  of  not  less  than 
ten  dollars  or  in  any  sum  divisible  by  ten  dollars,  and  the  collector  shall 
receive  such  payments  and  give  a  receipt  therefor  and  credit  the  amounts 
paid  toward  the  amount  of  the  taxes  eventually  assessed  against  said  prop- 
erty. In  any  town  or  city  which  shall  vote  to  authorize  the  prepayment 
of  taxes  the  collector  of  taxes  shall  give  such  bond  in  the  form  and  amount 
which  the  tax  commission  shall  require,  and  he  shall  pay  over  all  sums 
so  received  to  the  town  treasurer  under  the  provisions  of  RSA  41:35. 

36:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  5,  1963.] 
[Effective  date  June  4,  1963.] 


CHAPTER  37. 

AN  ACT  TO  ALLOW  PRINTING  OF  PARTY  DESIGNATIONS  ON  CHECK  LISTS. 

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

37:1  Printing  or  Stamping  Allowed.  Amend  RSA  56:39  by  inserting 
in  line  7  after  the  word  "ink"  the  following  words,  printing,  or  rubber 
stamping,  so  that  said  section  as  amended  shall  read  as  follows:  56:39 
Party  Registration.  Whenever  names  are  added  to  the  check-list  the  su- 
pervisors shall  register  the  party  membership  of  the  voter  if  he  desires 
such  membership  registered;  but  if  such  voter  has  already  been  registered 
in  any  town  or  ward  in  this  state  as  a  member  of  any  party  he  shall  not 
be  registered  as  a  member  of  a  different  party  within  ninety  days  before 
any  primary.  The  party  membership  of  each  voter  may  be  registered  by 
writing  in  ink,  printing,  or  rubber  stamping,  after  the  name  of  such  voter, 
the  first  three  letters  of  the  name  of  the  party  with  which  he  registers. 

37:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 

[Approved  April  5,  1963.] 
[Effective  date  April  5,  1963.] 


32  Chapter  38  [1963 

CHAPTER  38. 

AN  ACT  RELATIVE  TO  THE  USE  OF  FACSIMILE  SIGNATURES  AND  SEALS  ON 
CORPORATE  BONDS  AND  OTHER  OBLIGATIONS. 

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

38:1  Facsimile  Signatures  and  Seals.  Amend  RSA  294  by  inserting 
after  section  124  the  following  new  section:  294:124-a  Facsimile  Signa- 
tures and  Seals.  When  any  corporate  bond  or  other  corporate  obligation 
for  the  payment  of  money  is  authenticated  or  certified  by  a  trustee,  the 
signature  of  each  corporate  officer  and  the  corporate  seal,  if  any,  upon  such 
bond  or  other  obligation,  or  upon  any  interest  coupons  attached  thereto, 
may  be  facsimiles,  engraved  or  printed. 

38:2  Statutory  Construction.  Amend  RSA  21:23  by  inserting  at  the 
end  thereof  the  following  sentence:  The  signature  of  any  corporate  officer 
upon  a  corporate  bond  or  other  corporate  obligation  for  the  payment 
of  money,  or  upon  any  interest  coupons  attached  thereto,  may  be  a  fac- 
simile, engraved  or  printed,  where  such  bond  or  other  obligation  is 
authenticated  or  certified  by  a  trustee,  so  that  said  section  as  amended 
shall  read  as  follows:  21:23  Written.  The  words  "written"  or  "in  writing" 
may  include  printing  or  any  other  mode  of  representing  words  and  letters, 
except  where  the  written  signature  of  a  person  is  required.  The  signature 
of  any  corporate  officer  upon  a  corporate  bond  or  other  corporate  obliga- 
tion for  the  payment  of  money,  or  upon  any  interest  coupons  attached 
thereto,  may  be  a  facsimile,  engraved  or  printed,  where  such  bond  or 
other  obligation  is  authenticated  or  certified  by  a  trustee. 

38:3  Statutory  Construction.  Amend  RSA  21:11  by  inserting  at  the 
end  thereof  the  following  sentence:  The  seal  of  a  corporation  upon  a  cor- 
porate bond  or  other  corporate  obligation  for  the  payment  of  money  may 
be  a  facsimile,  engraved  or  printed,  where  such  bond  or  other  obligation 
is  authenticated  or  certified  by  a  trustee,  so  that  said  section  as  amended 
shall  read  as  follows:  21:11  Seal.  When  the  seal  of  a  court,  public  officer, 
or  corporation  is  required  by  law  to  be  affixed  to  any  paper  the  word 
"seal"  shall  include  an  impression  of  the  official  seal  made  upon  the  paper 
alone,  as  well  as  an  impression  thereof  made  by  means  of  wax,  or  a  wafer, 
affixed  thereto.  The  seal  of  a  corporation  upon  a  corporate  bond  or  other 
corporate  obligation  for  the  payment  of  money  may  be  a  facsimile,  en- 
graved or  printed,  where  such  bond  or  other  obligation  is  authenticated  or 
certified  by  a  trustee. 

38:4  Takes  EfEect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  5,  1963.] 
[Effective  date  June  4,  1963.] 


1963]  Chapter  39  33 

CHAPTER  39. 

AN  ACT  CHANGING  THE  NAME  OF  THE  NEW  HAMPSHIRE  STATE  HOSPITAL. 

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

39:1  Change  of  Name.  Amend  RSA  135:1  by  striking  out  the  word 
"State"  in  the  fifth  line  so  that  said  section  as  amended  shall  read  as  fol- 
lows: 135:1  Name.  The  asylum  for  the  insane,  for  emotionally  or  men- 
tally ill  persons,  and  for  such  non-psychotic  defective  delinquents  as  it 
may  receive  upon  order  of  the  superior  court  pursuant  to  section  9,  chap- 
ter 171,  RSA,  at  Concord  is  a  corporation  under  the  name  of  the  New 
Hampshire  Hospital. 

39:2  Application  of  Statutes.  Wherever  in  the  statutes  the  words 
"New  Hampshire  state  hospital"  or  "state  hospital"  are  used  they  shall  be 
construed  as  meaning  the  New  Hampshire  Hospital. 

39:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 

[Approved  April  5,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  40. 

AN  ACT  TO  REQUIRE  THE  LICENSING  OF  FOSTER  DAY  CARE  HOMES. 

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

40:1  Foster  Home  Care  Homes.  Amend  RSA  170:2  (supp)  as  amend- 
ed by  1957,  116:2  and  1961,  135:1  by  striking  out  the  words  "shall  not 
include  a  foster  day  care  home"  in  the  seventh  line  and  inserting  in  place 
thereof  the  words,  shall  include  a  foster  day  care  home,  but  shall  not  in- 
clude, so  that  said  section  as  amended  shall  read  as  follows:  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  receives 
for  foster  care,  control  or  custody,  one  or  more  children  under  the  age  of 
sixteen  years  unrelated  by  blood  or  marriage  and  separated  from  parent 
or  guardian,  except  children  committed  by  a  court.  The  term  "child- 
caring  agency"  shall  include  a  foster  day  care  home,  but  shall  not  include 
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, 


34  Chapter  41  [1963 

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  in- 
spection of  the  commissioner  of  public  welfare  or  his  authorized  repre- 
sentative. 

40:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  10,  1963.] 
[Effective  date  June  9,  1963.] 


CHAPTER  41. 

AN  ACT  REQUIRING  SURETY  BONDS  FOR  MUNICIPAL  COURT  CLERKS. 

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

41:1  Surety  Bonds.  Amend  RSA  502:16  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  502:16  Surety  Bond  for 
Clerks.  Each  clerk  of  a  municipal  court,  or  each  justice  of  a  municipal 
court  acting  as  clerk,  shall  furnish  a  bond  of  a  reputable  surety  company, 
for  the  proper  performance  of  his  duties,  in  the  form  and  amount  re- 
quired by  the  administrative  committee  for  municipal  courts  as  estab- 
lished by  RSA  502:26-a.  The  premium  shall  be  paid  out  of  funds  received 
by  the  court. 

41:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage, 

[Approved  April  12,  1963.] 
[Effective  date  June  11,  1963.] 


CHAPTER  42. 

AN  ACT  RELATING  TO  THE  SUPPORT  OF  SPOUSE. 

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

42:1  Support.  Amend  RSA  458:31  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  458:31  Orders  for  Support  of 
Spouse.  Whenever  a  husband  fails,  without  justifiable  cause  to  provide 
suitable  support  for  his  wife,  or  deserts  her,  or  if  the  wife  for  justifiable 
cause  is  actually  living  apart  from  her  husband,  or  if  the  husband  is  de- 
serted by  the  wife,  or  is  actually  living  apart  from  his  wife  for  justifiable 


1963]  Chapter  43  35 

cause,  the  superior  court,  upon  his  or  her  petition,  or  if  insane  bv  his 
or  her  guardian  or  next  friend,  may  restrain  the  husband  or  wife  from 
interfering  with  the  personal  liberty  of  the  other  and  from  entering  the 
tenement  wherein  the  other  resides,  may  grant  temporarily  and  per- 
manently the  custody,  care  and  education  of  their  minor  children,  if  any, 
and  may  make  reasonable  allowance  for  support  of  the  wife  and  children, 
all  subject  to  such  limitations  and  conditions  as  the  court  may  deem  just. 
The  domicile  requirements  of  RSA  458:4,  5  and  6  shall  not  apply  to  this 
section;  and  the  court  may  grant  relief  hereunder  to  a  nonresident  plain- 
tiff if  the  defendant  is  a  resident  of  this  state. 

42:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  12,  1963.] 
[Effective  date  June  11,  1963.] 


CHAPTER  43. 

AN  ACT  RELATING  TO  REDEMPTION  OF  SPECIFIC  DEVISES. 

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

43:1  Specific  Devises.  Amend  RSA  554:16  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  554:16  Redemption  of 
Property.  The  administrator,  if  there  be  sufficient  assets,  shall  redeem 
all  property  of  the  deceased  under  mortgage,  pledge  or  le\y  of  execution 
for  less  than  its  value,  or  ^vhich  if  unredeemed  would  diminish  the  value 
of  the  estate,  unless  he  shall  by  license  sell  it  subject  to  the  encumbrance; 
and  nes^lect  so  to  redeem  shall  be  deemed  maladministration  and  waste. 
Provided  however,  -wiien  real  estate  under  mortgage  is  specifically  de- 
vised, the  devisee  shall  take  such  real  estate  subject  to  the  mortgage,  unless 
the  testator  in  his  will  or  by  insurance  has  provided  expressly  or  by  neces- 
sar\-  implication  that  such  mortgage  be  other^vise  paid;  and  if  the  note 
or  obligation  of  the  testator  secured  bv  such  mortgage  be  paid  out  of 
other  property  in  his  estate  after  his  decease,  the  executor  of  his  will,  at 
the  request  of  any  person  interested,  and  by  leave  of  the  probate  court 
shall  sell  such  specificallv  devised  real  estate  for  the  purpose  of  satisfying 
the  estate  of  the  testator  for  the  amount  so  paid,  together  with  the  costs 
and  expenses  thereof. 

43:2    Takes  Effect.    This  act  shall  take  effect  on  all  wills  executed 
after  September  1,  1963. 
[Approved  April  20,  1963.] 
[Effective  date  September  1,  1963.] 


36  Chapter  44  [1963 

CHAPTER  44. 

AN  ACT  RELATIVE  TO  INVESTMENTS  FOR  SAVINGS  BANKS. 

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

44:1  Utilities.  Amend  RSA  387:11  by  adding  thereto  the  following 
new  paragraph:  III.  Utilities.  For  the  purposes  of  this  section,  the  words 
"industrial  company"  used  in  paragraphs  I  and  II  hereof  shall  include 
any  telephone,  telegraph,  utility  or  water  company. 

44:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 

Sacre. 

[Approved  April  20,  1963.] 
[Effective  date  June  19,  1963.] 


CHAPTER  45. 

AN  ACT  RELATIVE  TO  LIENS  FOR  CLEANING,  PRESSING,  LAUNDERING,  ETC. 

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

45:1  Storage  Lien.  Amend  RSA  449:1  by  inserting  in  line  3  thereof 
after  the  word  "shall"  the  following  words,  place  in  storage,  or,  and  by 
inserting  after  the  word  "work"  in  the  sixth  line  the  words,  or  storage, 
so  that  said  section  as  amended  shall  read  as  follows:  449:1  Liens  for 
Cleaning,  Pressing,  Glazing,  Laundering  or  Dyeing.  Every  person  who 
maintains  an  establishment  for  cleaning,  pressing,  glazing,  laundering, 
or  dyeing,  who  shall  place  in  storage,  or  do  any  work  on,  any  article  of 
personal  property  at  the  request  of  the  oAvner  or  legal  possessor  of  such 
property  shall  have  a  lien  for  such  service,  and  may  retain  possession  of 
such  article  until  the  charges  for  such  work  or  storage  have  been  paid. 

45:2  Charitable  Disposal.  Amend  RSA  449:2  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following:  449:2  Sale  or  Disposal 
for  Service  Lien.  If  such  lien  remains  undischarged  for  a  period  of  sixty 
days  after  work  has  been  completed,  or  after  expiration  of  agreed  terms 
of  storage  if  any,  or  in  the  absence  of  such  agreement  after  the  expiration 
of  one  year  from  date  of  storage  the  lienholder  may  give  such  article  or 
articles  to  a  duly  organized  charitable  corporation  or  sell  such  article  at 
public  or  private  sale  and  the  proceeds,  after  first  paying  the  expenses 
of  sale  and  the  expense  of  storage  after  the  expiration  of  said  sixty  days 
shall  be  applied  in  payment  of  the  debt  and  the  balance,  if  any,  shall  be 
paid  over  to  the  treasurer  of  the  county  where  the  sale  is  held,  in  trust 
for  the  owners. 


1963]  Chapter  46  37 

45:3  Notice.  Amend  RSA  449:3  by  striking  out  the  same  and  in- 
serting in  place  thereof  the  following:  449:3  Notice  and  Record.  Notice 
of  such  sale  or  disposal  to  a  charitable  organization  shall  be  given  as  pro- 
vided in  RSA  451:3  and  record  shall  be  made  as  provided  in  RSA  444:6. 

45:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  20,  1963.] 
[Effective  date  June  19,  1963.] 


CHAPTER  46. 

AN  ACT  RELATIVE  TO  PUBLIC  LIBRARIES. 

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

46:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  202  the 
following  new  chapter: 

Chapter  202-A 

Public  Libraries 
202-A:  1  Declaration  of  Policy.  Mindful  that,  as  the  constitution 
declares,  "knowledge  and  learning,  generally  diffused  through  a  com- 
munity" are  "essential  to  the  preservation  of  a  free  government"  the  legis- 
lature recognizes  its  duty  to  encourage  the  people  of  New  Hampshire  to 
extend  their  education  during  and  beyond  the  years  of  formal  education. 
To  this  end,  it  hereby  declares  that  the  public  library  is  a  valuable  sup- 
plement to  the  formal  system  of  free  public  education  and  as  such  de- 
serves adequate  financial  support  from  government  at  all  levels. 

202-A:2  Definitions.  As  used  in  this  chapter  the  following  words 
shall  be  construed  as  follows  unless  the  context  clearly  requires  otherwise: 

I.  "Public  library"  shall  mean  every  library  which  receives  regular 
financial  support,  at  least  annually,  from  public  or  private  sources  and 
which  provides  regular  and  currently  useful  library  service  to  the  public 
without  charge.  The  words  may  be  construed  to  include  reference  and 
circulating  libraries,  reading  rooms  and  museums  regularly  open  to  the 
public. 

II.  "Library  trustees"  shall  mean  the  governing  board  of  a  public 
library. 

202-A: 3  Establishment.  Any  town  may  establish  a  public  library 
by  majority  vote  at  any  duly  warned  town  meeting.  Any  town  may  vote 
in  the  same  manner  to  accept  a  public  library  which  has  been  provided, 
in  whole  or  in  part,  by  private  donation  or  bequest  and  may  accept  any 


38  Chapter  46  [1963 

bequest,  devise  or  donation  for  the  establishment,  maintenance  and  sup- 
port of  such  a  library.  The  powers  herein  granted  to  a  town  may  be  exer- 
cised by  a  city  by  vote  of  the  city  council. 

202-A:4  Maintenance.  Any  city  or  town  having  a  public  library 
shall  annually  raise  and  appropriate  a  sum  of  money  sufficient  to  provide 
and  maintain  adequate  public  library  service  therein  or  to  supplement 
funds  otherwise  provided. 

202-A:5  Status.  Every  public  library  shall  remain  forever  free  to  the 
use  of  every  resident  of  the  town  wherein  it  is  located. 

202-A:6  Library  Trustees;  Election.  The  library  trustees  shall  have 
the  entire  custody  and  management  of  the  public  library  and  of  all  the 
property  of  the  town  relating  thereto,  except  trust  funds  held  by  the 
town.  Any  town  having  a  public  library  shall,  at  a  duly  warned  town 
meeting,  elect  a  board  of  library  trustees  consisting  of  any  number  of 
persons  divisible  by  three  which  the  town  may  decide  to  elect.  At  the 
first  election  one-third  of  the  trustees  shall  be  elected  for  one  year,  one- 
third  for  two  years  and  one-third  for  three  years,  or  until  their  successors 
are  elected  and  qualified.  Thereafter  each  year  one-third  of  the  trustees 
shall  be  elected  for  a  term  of  three  years,  each,  and  until  their  successors 
are  elected  and  qualified. 

202nA:7  —  Special  Provisions.  In  any  town  where  a  public  library 
has  been  acquired  by  the  town,  in  whole  or  in  part,  by  donation  or  be- 
quest containing  other  conditions  or  provisions  for  the  election  of  its 
trustees  or  other  governing  board,  which  conditions  have  been  agreed  to 
by  vote  of  the  town  and  which  conditions  do  not  provide  for  a  representa- 
tive of  the  public,  a  special  library  trustee,  to  represent  the  public,  shall 
be  elected  by  the  town  for  a  three-year  term.  Said  special  trustee  shall 
act  with  the  other  trustees. 

202-A:8  City  Trustees,  The  trustees  of  a  public  library  in  a  city 
shall  be  elected  as  provided  in  the  city  charter.  In  case  of  trustees  of  a 
city  library  acquired  by  a  city  in  whole  or  in  part,  by  donation  or  bequest 
containing  other  conditions  or  provisions  for  the  election  or  appointment 
of  trustees,  which  conditions  do  not  provide  for  a  representative  of  the 
public  on  the  board,  the  city  council  shall  elect  to  said  board  a  public 
trustee  for  a  three-year  term. 

202-A:9  Eligibility.  Any  resident  of  the  town  or  city,  having  at- 
tained the  age  of  twenty-one  years,  is  eligible  to  election  as  a  library 
trustee. 

202-A:10  Vacancies.  I.  Towns.  Whenever  a  vacancy  shall  occur 
among  the  publicly  elected  members  of  any  board  of  library  trustees  the 
remaining  members  shall  give  notice  of  the  fact  in  writing  to  the  select- 


1963]  Chapter  46  39 

men  of  the  town,  who  shall  by  appointment  fill  such  vacancy  until  the 
next  annual  town  meeting. 

II.  Cities.  A  vacancy  among  the  publicly  elected  members  of  the 
board  of  library  trustees  of  a  city  library  shall  be  filled  by  the  city  council 
or  other  appropriate  appointing  authority  within  two  months  of  the 
notice  by  the  remaining  members  of  the  board  of  trustees.  The  board  of 
library  trustees  may  recommend  to  the  appointing  authority  names  of 
persons  for  appointment  to  vacancies  on  expired  terms. 

202-A:ll  Powers  and  Duties.  Except  in  those  cities  where  other 
provision  has  been  made  by  general  or  special  act  of  the  legislature,  the 
library  trustees  of  every  public  library  in  the  state  shall: 

I.  Adopt  by-laws,  rules  and  regulations  for  its  own  transaction  of 
business  and  for  the  government  of  the  library; 

II.  Prepare  an  annual  budget  indicating  what  support  and  main- 
tenance of  the  free  public  library  will  be  required  out  of  public  funds 
for  submission  to  the  appropriate  agency  of  the  municipality.  A  separate 
budget  request  shall  be  submitted  for  new  construction,  capital  improve- 
ments of  existing  library  property; 

III.  Expend  all  money  raised  and  appropriated  by  the  town  or  city 
for  library  purposes.  All  money  received  from  fines  and  payments  for 
lost  or  damaged  books  or  for  the  support  of  a  library  in  another  city  or 
town  under  contract  to  furnish  library  service  to  such  town  or  city,  shall 
be  used  for  the  purchase  of  books  and  shall  be  held  in  a  non-lapsing  sep- 
arate fund  and  shall  be  in  addition  to  the  appropriation; 

IV.  Expend  income  from  all  trust  funds  for  library  purposes  for 
the  support  and  maintenance  of  the  public  library  in  said  town  or  city 
in  accordance  with  the  conditions  of  each  donation  or  bequest  accepted 
by  the  town  or  city; 

V.  Appoint  a  librarian  who  shall  not  be  a  trustee  and,  in  consulta- 
tion with  the  librarian,  all  other  employees  of  the  library  and  determine 
their  compensation  and  other  terms  of  employment  unless,  in  the  cities, 
other  provision  is  made  in  the  city  charter  or  ordinances; 

202-A:12  Annual  Reports.  Every  library  regularly  open  to  the 
public,  or  to  some  portion  of  the  public,  with  or  without  limitations, 
whether  its  ownership  is  vested  in  the  town,  in  a  corporation,  in  an  organ- 
ization association,  or  in  individuals,  shall  make  a  written  report  to  the 
town  or  city  at  the  conclusion  of  each  fiscal  year  of  (a)  all  receipts  from 
whatever  sources,  (b)  all  expenditures,  (c)  all  property  in  the  trustees' 
care  and  custody,  including  a  statement  and  explanation  of  any  unex- 
pended balance  of  money  they  may  have,  (d)  and  any  bequests  or  dona- 
tions they  may  have  received  and  are  holding  in  behalf  of  the  town,  with 
such  recommendations  in  reference  to  the  same  as  they  may  deem  neces- 
sary for  the  town  to  consider,  (e)  the  total  number  of  books  and  other 


40  Chapter  46  [1963 

materials  and  the  number  added  by  gift,  purchase  and  otherwise;  the 
number  lost  or  withdrawn,  (f)  the  number  of  borrowers  and  readers  and 
a  statement  of  the  use  of  the  property  of  the  library  in  furthering  the 
educational  requirements  of  the  municipality  and  such  other  informa- 
tion and  suggestions  as  may  seem  desirable,  (g)  submit  a  similar  report 
to  the  state  librarian  at  such  time  and  on  such  forms  as  the  state  library 
commission  may  require. 

202-A:13  Discretionary  Powers.  The  library  trustees  shall  also  have 
the  following  powers: 

I.  To  authorize  the  payment  from  library  funds  for  the  necessary 
expenses  of  library  staff  members  attending  library  courses  and  meetings 
for  professional  advancement; 

II.  To  extend  the  privileges  and  use  of  the  library  to  nonresidents 
upon  such  terms  and  conditions  as  they  may  prescribe; 

III.  To  deposit  library  funds  for  the  purchase  of  books  and  related 
materials  Avith  the  state  treasurer  to  secure  economies  through  pooling 
of  purchasing  with  the  state  library.  Such  funds  so  deposited  shall  be 
held  by  the  state  treasurer  in  a  separate  account  to  be  paid  out  upon 
orders  of  the  state  library.  The  state  library  shall  have  no  control  over 
the  selection  of  items  to  be  purchased  by  public  libraries. 

202-A:14  Compensation  of  Trustees.  No  trustee  of  any  public  li- 
brary shall  receive  any  compensation  for  any  services  rendered  as  such 
trustee,  unless  compensation  is  stipulated  in  the  terms  of  the  bequest  or 
gift  establishing  the  library.  Trustees  may  be  reimbursed,  however,  for 
necessary  travel  expenses  to  attend  professional  meetings. 

202-A:15  Public  Librarian;  Qualification  and  Tenure.  The  li- 
brarian shall  have  education  of  sufficient  breadth  and  depth  to  give 
leadership  in  the  use  of  books  and  related  materials.  He  shall  be  appointed 
by  the  board  of  library  trustees  for  a  term  of  office  agreed  to  at  the  time 
of  employment  and  until  his  successor  is  appointed  and  qualified. 

202-A:16  —  Powers  and  Duties.  In  addition  to  any  other  duties 
which  he  may  be  delegated  from  time  to  time,  the  public  librarian  shall: 

I.  Serve  as  the  administrative  officer  of  the  public  library; 

II.  Recommend  to  the  board  of  library  trustees  the  appointment 
of  all  employees. 

202-A:17  Employees;  Removal.  No  employee  of  a  public  library 
shall  be  discharged  or  removed  from  office  except  by  the  library  trustees 
for  malfeasance,  misfeasance,  or  inefficiency  in  office,  or  incapacity  or 
unfitness  to  perform  his  duties.  Prior  to  the  discharge  or  removal  of  any 
such  employee,  a  statement  of  the  grounds  and  reasons  therefor  shall 
be  prepared  by  the  library  trustees,  and  signed  by  a  majority  of  the  board, 
and  notice  thereof  shall  be  given  to  said  employee  not  less  than  fifteen 


1963]  Chapter  46  41 

days  nor  more  than  thirty  days  prior  to  the  effective  date  of  such  discharge 
or  removal.  Upon  receipt  of  said  notice  and  within  thirty  days  thereafter, 
but  not  otherwise,  the  employee  may  request  a  public  hearing  thereon. 
If  such  request  is  made,  the  library  trustees  shall  hold  a  public  hearing 
on  such  discharge  or  removal.  Said  hearing  shall  be  held  not  more  than 
thirty  days  after  receipt  of  the  request  for  the  same,  and  if  the  trustees, 
upon  due  hearing,  shall  find  good  cause  for  discharge  or  removal  of  said 
employee,  they  shall  order  his  or  her  discharge  or  removal  from  office. 
There  shall  be  no  change  in  salary  of  such  employee  during  the  proceed- 
ings for  discharge  or  removal  nor  until  the  final  effective  date  of  the 
order  for  discharge  or  removal.  The  provisions  of  this  section  shall  apply 
to  the  employees  of  any  public  library  except  in  a  case  where  said  city 
or  town  has  personnel  rules  and  regulations  which  apply  to  said  employees 
and  which  make  provision  for  a  public  hearing  in  the  case  of  such  dis- 
charge or  removal. 

202-A:18  Discontinuance  of  Library.  Any  town  now  maintaining 
a  public  library  established  by  expenditure  of  town  funds  may  by  ma- 
jority vote  at  a  regular  town  meeting  discontinue  said  library.  In  case 
of  such  discontinuance  the  library  property  of  the  town  may  be  loaned 
or  disposed  of  by  the  library  trustees,  subject  to  the  approval  of  the  state 
library  commission.  The  provisions  of  this  section  shall  not  apply  in  cases 
where  a  public  library  has  been  acquired  by  the  town  in  whole  or  in  part 
by  donation  or  bequest. 

202-A:19  Defunct  Libraries.  When  a  public  library  in  any  town 
shall,  as  such,  cease  to  function,  all  books  or  other  property  given  by  the 
state  for  the  use  of  said  library  or  purchased  with  state  funds  shall  be  re- 
turned to  the  state  by  the  selectmen  of  said  tow^n,  delivery  to  be  made 
to  the  state  library  commission,  who  shall  have  the  power  to  retain,  sell, 
distribute,  or  otherwise  dispose  of  such  returned  books  or  property  as  in 
its  judgment  seems  wise. 

202-A:20  Custody  of  Publications.  Any  town  clerk,  board  of  select- 
men, or  others  having  custody  of  the  books,  pamphlets,  and  public  docu- 
ments that  have  been  sent  to  the  towns  by  the  departments  of  state 
government  may,  with  consent  of  the  librarian,  transfer  these  publica- 
tions to  the  public  library,  upon  condition  that  they  be  included  in  the 
catalogues  of  the  library  and  be  made  accessible  to  the  public. 

202-A:21  Penalties.  Any  town  or  library  official  violating  any  of  the 
provisions  of  this  chapter  shall  be  fined  not  more  than  five  hundred 
dollars. 

202-A:22  Custody  and  Control  of  Trust  Funds.  Trust  funds  given 
to  towns  and  cities  for  the  use  of  a  public  library  shall  be  held  in  the 
custody  and  under  the  management  of  the  trustees  of  trust  funds.  The 
entire  income  from  such  funds  shall  be  paid  over  to  the  library  trustees. 


42  Chapter  47  [1963 

Payment  of  such  income  shall  be  made  by  the  trustees  of  trust  funds  to 
the  library  trustees  as  the  same  is  received. 

202-A:23  —  Exceptions.  Nothing  in  this  chapter  shall  preclude  the 
library  trustees  from  receiving,  investing  and  administering  directly  any 
trust  funds  and  donations  when  so  specified  by  the  donor.  Library  trustees 
administering  and  investing  such  special  funds  shall  be  governed  by  the 
provisions  of  RSA  31:24,  RSA  31:25. 

46:2  Repeal.  RSA  202  (supp)  as  amended  by  1955,  18:1  relative  to 
public  libraries,  is  hereby  repealed. 

46:3  Public  Library  Trustees  in  Office.  Nothing  herein  shall  be 
construed  as  affecting  the  term  of  office  of  public  library  trustees  in  office 
when  this  act  takes  effect.  Each  such  trustee  shall  continue  in  office  until 
the  expiration  of  his  term  of  office  and  until  his  successor  has  been 
elected  and  qualified. 

46:4   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  April  20,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  47. 

AN  ACT  RELATIVE  TO  MINIMUM  TREATMENT  STANDARDS  FOR  SEWAGE  AND 

INDUSTRIAL  WASTES. 

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

47:1  Minimum  Treatment  Standards  for  Sewage  and  Industrial 
Wastes.  Amend  paragraph  V  of  RSA  149:3  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following:  V.  All  tests  and 
sampling  for  the  purposes  of  examination  of  waters  shall  be  performed 
and  carried  out  in  a  reasonable  manner  and  whenever  practicable,  in 
accordance  with  the  current  edition  of  the  Standard  Methods  for  Exam- 
ination of  Water  and  Sewage  as  published  jointly  by  the  American  Public 
Health  Association  and  the  American  Water  Works  Association.  Near 
saturation  for  dissolved  oxygen  shall  mean  a  dissolved  oxygen  content 
of  at  least  seventy-five  percentum  of  saturation.  The  waters  in  each 
classification  shall  satisfy  all  the  provisions  of  all  lower  classifications. 
The  minimum  treatment  for  the  lowest  classification  shall  be  as  follows: 
(a)  For  sewage,  primary  treatment  resulting  in  the  substantially  complete 
removal  of  settleable  solids  when  so  ordered  by  the  commission,  (b)  For 
industrial  wastes,  such  treatment,  not  to  exceed  primary  treatment  or 
its  equivalent,  as  the  commission  shall  determine  after  due  consideration 


1963]  Chapter  48  43 

of  the  provisions  of  paragraph  IV  above.  Appeal  from  any  such  deter- 
mination shall  be  in  the  manner  provided  for  in  section  14  hereof. 

47:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  23,  1963.] 
[Effective  date  June  22,  1963.] 


CHAPTER  48. 

AN  ACT  RELATIVE  TO  ENFORCEMENT  OF  CLASSIFICATION  OF  SURFACE  WATERS. 

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

48.1  Pollution  Requirements.  Amend  RSA  149:8  by  inserting  after 
paragraph  IV,  as  inserted  by  1961,  47:1,  the  following  new  paragraph: 
V.  In  the  interim  between  the  effective  date  of  classification  legislation 
hereafter  enacted  affecting  any  surface  water  of  the  state  or  section  there- 
of, and  the  time  limit  for  abatement  of  pollution  set  hereafter  either 
by  the  commission  under  paragraph  II  or  by  the  legislature,  it  shall  be 
unlawful  for  any  person  or  persons  to  dispose  of  any  sewage  or  waste 
into  said  surface  water  of  the  state  in  excess  of  the  maximum  quantity 
or  of  a  different  character,  than  that  being  disposed  of  during  the  period 
of  one  year  prior  to  the  effective  date  of  such  legislative  classification 
without  first  obtaining  written  permission  from  the  commission. 

48:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sa^^e. 

[Approved  April  23,  1963.] 
[Effective  date  June  22,  1963.] 


CHAPTER  49. 

AN  ACT  RELATING  TO  SERVICE  EXEMPTION. 

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

49:1    World  War  I  Service.    Amend  paragraph  (4)  of  RSA  72:28 

(supp)  as  amended  by  1955,  '289:1,  by  striking  out  the  words  "reenlist- 
ment  in"  in  the  second  and  third  lines,  so  that  said  paragraph  as  amended 
shall  read  as  follows:  (4)  "World  War  I"  between  April  6,  1917  and  No- 
vember 11,  1918  extended  to  April  1,  1920  for  service  in  Russia,  provided 


44  Chapter  50  [1963 

that  military  or  naval  service  on  or  after  November  12,  1918  and  before 
July  2,  1921  Avhere  there  was  prior  service  between  April  6,  1917  and 
November  11,  1918  shall  be  considered  as  World  War  I  service. 

49:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  April  23,  1963.] 
[Effective  date  April  23,  1963.] 


CHAPTER  50. 


AN  ACT  RELATIVE  TO  THE  SALE  OF  LIQUOR  AND  BEVERAGES  IN  FIRST 

CLASS  HOTELS. 

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

50:1  First-class  Hotels.  Amend  RSA  176:11  by  inserting  after  the 
figure  "3"  in  the  sixth  line  the  figure,  4,  so  that  said  section  as  amended 
shall  read  as  follows:  176:11  Rules  and  Regulations;  Restrictions  on 
Sales.  Said  commission  shall  have  power  to  make  all  necessary  and  proper 
rules  and  regulations  for  carrying  out  the  provisions  hereof,  and  such 
rules  and  regulations  shall  have  the  effect  of  law.  No  sale  of  liquor  or 
beverages  shall  be  made  on  Sundays  or  election  days  while  the  polls  are 
open  except  by  persons  holding  licenses  under  the  provisions  of  RSA 
178:3,  4,  6,  7,  9,  provided  that  persons  holding  licenses  under  the  pro- 
visions of  178:3  when  making  sales  of  beverages  on  Sundays  or  election 
days  while  the  polls  are  open  shall  sell  only  to  bona  fide  guests  with  meals 
in  the  dining  room  or  in  the  rooms  of  the  guests  and  except  that  a  whole- 
sale permittee  may  sell  and  deliver  beverages  at  any  time  on  election  day 
for  resale  only.  Liquor  or  beverages  shall  not  be  sold  in  any  establishment 
where  booths  that  are  not  open  at  the  end  or  that  are  more  than  forty-two 
inches  high  are  used  for  serving  patrons.  Costumers  may  be  erected  and 
attached  to  the  ends  of  booths.  Such  costumers  shall  be  of  such  design  and 
constructed  in  such  manner  as  approved  by  the  commission. 

50:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  25,  1963.] 
[Effective  date  June  24,  1963.] 


1963]  Chapter  51  45 

CHAPTER  51. 

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: 

51:1  Special  Head  Tax.  There  is  hereby  levied  and  assessed  in  1963 
and  1964  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. 

51:2  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- 
insT  the  date  of  each  assessment  of  the  head  tax  hereunder. 

51:3  Time  of  Payment.  Said  head  tax  shall  be  assessed  upon  May  1, 
in  the  year  1963  and  on  April  1,  in  the  year  1964,  and  payable  upon  de- 
mand on  or  after  each  of  said  dates. 

51:4  Collection.  The  selectmen  of  towns  and  assessors  of  cities  shall 
on  or  before  July  1,  in  the  year  1963  and  on  June  1,  in  the  year  1964, 
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  separate  account,  and  monthly, 
or  of tener,  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  forthwith  certify  to  the  state  treasurer,  upon  a  form 
prescribed  and  provided  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. 

51:5  Penalty.  There  shall  be  added  to  any  special  head  tax  not  paid 
in  full  on  or  before  December  first  following  the  assessment  thereof  the 
sum  of  fifty  cents  which  shall  be  collected  with  the  tax  as  incident  thereto. 

51:6  Remedies  for  Collection.  Said  special  head  taxes  may  be  col- 
lected by  all  of  the  means  and  methods  provided  in  RSA  80  and  the 
provisions  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. 

51:7  Husband  Liable.  A  husband  shall  be  liable  for  the  payment 
of  the  special  head  tax  assessed  against  his  wife,  if,  Avhen  it  was  assessed, 
they  were  living  together. 


46  Chapter  51  [1963 

51:8  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. 

51:9  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  treasurer  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  deduction  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  however 
that  in  towns  where  the  collector  of  taxes  is  paid  on  a  part  time  or  com- 
mission 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. 

51:10  Final  Payment,  Each  town  and  city  shall  cause  it  treasurer 
on  the  fifteenth  day  of  June  in  the  year  following  the  assessment  to  pay 
to  the  state  treasurer  an  amount  equal  to  all  uncollected  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  orig- 
inal 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  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. 

51:11  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. 

51:12  Abatements.  Selectmen  and  assessors  may  abate  any  special 
head  tax  assessed  against  persons  not  subject  thereto  as  provided  in  sec- 
tions 1  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 
precise  reasons  for  all  abatements  made  because  of  undue  hardship  and 
inability  to  collect  the  same  to  the  tax  commission  for  review.  If,  upon 
review,  the  tax  commission  decides  that  the  abatement  should  not  have 


1963]  Chapter  51  47 

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. 

51:13  Supplementary  Bond  of  Collector.  Whenever  the  tax  com- 
mission deems  it  necessary,  a  collector  of  taxes  or  tOAvn  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. 

51:14  Supplies,  Bills  and  Postage.  The  tax  commission  shall  provide 
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  prac- 
ticable and  advisable  for  it  to  obtain  its  own  supplies,  materials  and 
postage,  for  the  cost  thereof  provided  that  the  purchase  of  such  supplies, 
materials  and  postage  by  city  or  town  has  been  previously  approved  by 
the  tax  commission.  The  expenses  incurred  or  reimbursements  authorized 
by  the  tax  commission  hereunder  and  for  supplemental  bonds  required 
hereunder  shall  be  a  charge  against  the  funds  collected  by  the  state  under 
the  provisions  hereof. 

51:15  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  May  fifteenth,  1963,  or  on  or  before  April  fifteenth,  1964,  shall  be 
exempt  from  the  special  head  tax  for  the  respective  year. 

51:16  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. 

51:17  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. 

51:18  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. 


48  Chapter  52  [1963 

51:19  Takes  Effect.  This  act  shall  take  effect  as  of  May  1,  1963. 
[Approved  April  26,  1963.] 
[Effective  date  May  1,  1963.] 


CHAPTER  52. 

AN  ACT  RELATING  TO  THE  CONDUCT  OF  SWEEPSTAKE  RACES  AND  THE  SALE 

OF  TICKETS  THEREON. 

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

52:1  Sweepstakes.  Amend  RSA  284  by  inserting  after  section  21 
the  following  new  subdivision: 

Sweepstakes 
284:21-a  State  Sweepstakes  Commission.  There  shall  be  and  hereby 
is  created  a  state  sweepstakes  commission  consisting  of  three  members 
who  shall  be  appointed  and  may  be  for  cause  removed  by  the  governor 
with  the  advice  and  consent  of  the  council.  One  member  shall  be  ap- 
pointed for  one  year,  one  for  two  years  and  one  for  three  years,  and  upon 
the  expiration  of  their  terms  of  office  their  successors  shall  be  appointed 
for  a  term  of  three  years.  Any  vacancy  shall  be  filled  by  appointment  for 
the  unexpired  term.  The  members  shall  serve  until  their  successors  are 
appointed  and  qualified.  No  member  of  the  commission  shall  have  any 
pecuniary  or  other  interest  in  any  licensee  licensed  under  the  provisions 
of  this  chapter  to  conduct  a  sweepstakes  race. 

284:21-b  Organization.  The  commissioners  shall  select  one  from 
their  number  to  be  chairman  and  another  to  be  secretary  of  the  com- 
mission. Two  of  the  members  of  the  commission  shall  constitute  a  quorum 
to  do  business.  It  shall  be  the  duty  of  the  secretary  to  keep  a  record  of 
all  proceedings  of  the  commission  and  to  preserve  all  books,  documents, 
papers  and  records  addressed  to  its  care. 

284:21-0  Bond.  Members  of  the  commission  shall  give  bond  to  the 
state  in  such  amount  as  shall  be  determined  under  the  provisions  of  RSA 
92:2<supp)  as  amended  by  1957,  296:1. 

284:21-d  Compensation.  Each  member  of  the  commission  shall 
receive  a  salary  of  twenty-four  hundred  dollars  per  year  and  shall  be  al- 
lowed his  reasonable  expenses,  including  transportation,  incurred  in 
the  performance  of  his  duties  to  be  audited  and  allowed  by  the  governor 
and  council. 

284:2 1-e  Office.  The  commission  shall  have  an  office  in  Concord. 


1963]  Chapter  52  49 

284:21-f  Disbursements.  The  compensation  of  the  commissioners, 
expenses  of  the  commissioners,  compensation  of  assistants  and  other  neces- 
sary expenses  of  the  commission,  including  suitable  furniture,  equip- 
ment, supplies  and  office  expense  shall  be  charged  to  and  paid  out  of 
the  funds  received  under  the  provisions  of  this  subdivision,  provided  that 
no  payment  shall  be  made  until  sufficient  money  has  been  received  under 
the  provisions  of  this  subdivision  to  cover  said  payments. 

284:21-g  Report  of  the  Commission.  The  commission  shall  make 
an  annual  report  to  the  governor  on  or  before  the  first  day  of  February 
in  each  year,  including  therein  an  account  of  its  actions,  receipts  derived 
under  the  provisions  of  this  subdivision,  the  practical  effects  of  the  ap- 
plication thereof,  and  any  recommendation  for  legislation  which  the 
commission  deems  advisable. 

284:21-h  Authorization.  The  sweepstakes  commission  is  hereby 
authorized  to  contract  with  any  licensee  to  conduct,  within  the  enclosure 
of  any  race  track  of  a  licensee  where  there  is  held  a  race  or  race  meet 
licensed  and  conducted  under  this  chapter,  but  not  elsewhere,  to  conduct 
not  over  two  sweepstakes  races  in  each  calendar  year.  Tickets  for  such 
sweepstakes  shall  be  sold  by  the  sweepstakes  commission,  such  sales  to 
be  made  only  within  such  enclosure  and  in  state  liquor  stores.  The  state 
liquor  commission  is  hereby  directed  to  cooperate  with  the  sweepstakes 
commission  in  the  sale  of  tickets  in  state  liquor  stores;  and  proceeds  of 
ticket  sales  shall  be  remitted  by  the  state  liquor  commission  to  the  state 
treasurer  for  disposition  as  hereinafter  set  forth, 

284:2 1-i  Rules  and  Regulations.  The  sweepstakes  commission  shall 
make  the  rules  and  regulations  for  the  holding  and  conducting  of  such 
sweepstake  races  and  the  sales  of  tickets  thereon  not  inconsistent  with 
this  subdivision  and  shall  be  empowered  to  employ  such  technical  assist- 
ants and  employees  to  carry  out  the  provisions  of  this  subdivision  as  the 
governor  and  council  shall  authorize.  Such  assistants  and  employees  shall 
receive  compensation  at  rates  to  be  established  by  the  personnel  com- 
mission. The  sweepstakes  commission  shall  establish  and  fix  the  purses, 
not  exceeding  in  the  aggregate  for  a  single  calendar  year  the  sum  of  two 
hundred  thousand  dollars,  to  be  awarded  horses  in  said  sweepstakes  races; 
shall  establish  the  price,  to  be  not  more  than  three  dollars  each,  for  which 
tickets  upon  said  sweepstakes  shall  be  sold;  shall  establish  the  method 
whereby  tickets  sold  upon  said  sweepstake  races  shall  be  determined  to 
be  winning  tickets;  and  shall  establish  the  money  or  prizes  to  be  awarded 
holders  of  winning  tickets. 

284:2 1-j  Disposition  of  Proceeds.  Notwithstanding  the  provisions 
of  RSA  6:1 1,  the  sweepstakes  commission  shall  hold  the  proceeds  of  ticket 
sales  in  a  special  fund,  from  which  it  shall  pay  expenses  incident  to  the 
administration  of  this  subdivision,  such  expenses  to  include,  but  not 
be  limited  to,  the  expenses  incurred  in  the  printing,  distribution  and 


50  Chapter  52  [1963 

sale  of  tickets,  the  purses  awarded  horses,  the  prize  money  awarded  the 
holders  of  winning  tickets,  as  well  as  the  net  expense  incurred  by  the 
licensee  necessary  and  incidental  to  the  conduct  of  said  races.  Any  balance 
remaining  from  such  proceeds  shall  be  paid  to  the  state  treasurer  who 
shall  keep  the  same  in  a  separate  fund  which  shall  be  paid  out  on  De- 
cember fifteenth  of  each  year  to  the  school  districts  of  the  state  on  a  flat 
grant  per  resident  pupil  basis.  Such  grants  shall  be  used  for  educational 
purposes  and  no  part  of  said  special  fund  shall  be  diverted,  by  transfer 
or  otherwise,  to  any  other  purpose  whatsoever. 

284:21-k  Local  Option.  The  following  question  shall  be  submitted 
to  the  voters  in  cities  and  towns  on  the  usual  ballot  at  the  biennial  elec- 
tion in  November  of  1966  and  at  each  biennial  election  thereafter:  "Shall 
sweepstakes  tickets  be  sold  in  this  city  or  town?" 

If  a  majority  of  the  qualified  voters  present  and  voting  at  any  bien- 
nial election  of  a  city  or  town  signifies  disapproval  of  the  above  question, 
the  sweepstakes  commission  shall  not  sell  tickets  under  the  provisions  of 
this  subdivision  in  said  city  or  town. 

If  a  majority  of  the  qualified  voters  present  and  voting  at  any  bien- 
nial election  of  a  city  or  town  signifies  approval  of  the  above  question, 
the  sweepstakes  commission  shall,  if  possible  under  the  other  provisions 
of  this  subdivision,  sell  tickets  in  said  city  or  town. 

284:21-1  EfiEect  on  Other  Laws.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  subdivision  are  hereby  amended  to  the  extent 
of  the  provisions  of  this  subdivision. 

52:2  Interim  Local  Option.  The  following  question  shall  be  sub- 
mitted to  the  voters  in  all  cities  and  towns  on  a  special  ballot  prepared 
by  the  secretary  of  state  at  the  presidential  preference  primary  to  be  held 
on  the  second  Tuesday  in  March  in  1964:  "Shall  sweepstakes  tickets  be 
sold  in  this  city  or  town?"  The  provisions  of  284: 21 -k  as  inserted  above 
by  this  act  authorizing  the  sweepstakes  commission  to  sell  tickets  or  pro- 
hibiting the  sale  of  tickets  shall  be  applicable  to  the  results  of  the  vote  in 
cities  and  towns  provided  for  by  this  section. 

52:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  April  30,  1963.] 
[Effective  date  June  29,  1963.] 


1963]  Chapter  53  51 

CHAPTER  53. 

AN  ACT  RELATIVE  TO  PASSENGER  TRAMWAYS. 

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

53:1  Definitions.  Amend  paragraph  V  of  RSA  225-A:2  (supp)  as 
inserted  by  1957,  254:1  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  V.  Department  shall  mean  the  department 
of  safety. 

53:2  Director  of  Safety.  Amend  RSA  225-A:3  (supp)  as  inserted  by 
1957,  254:1  by  striking  out  the  words  "commissioner  of  public  works 
and  highways"  and  inserting  in  place  thereof  the  words,  director  of  safety 
services,  so  that  said  section  as  amended  shall  read  as  follows:  225-A:3 
Passenger  Tramway  Safety  Board.  There  shall  be  a  passenger  tramway 
safety  board  of  four  appointive  members  and  the  director  of  safety  serv- 
ices, ex  officio.  The  appointive  members  shall  be  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  from  persons  represent- 
ing the  following  interests:  one  member  who  operates  a  rope  tow  only 
and  one  member  from  the  cable  and  other  passenger  carrying  devices 
industry,  and  in  making  such  appointments  consideration  shall  be  given 
to  recommendations  made  by  members  of  the  industry,  so  that  both  the 
devices  which  pull  skiers  riding  on  skis  and  the  devices  which  transport 
passengers  in  cars  or  chairs  shall  have  proper  representation;  one  member 
to  represent  the  public  at  large;  and  one  member  to  represent  insurance 
companies  which  engage  in  insuring  passenger  tramway  operations,  and 
in  appointing  such  member  consideration  shall  be  given  to  recommenda- 
tions made  by  such  insurance  companies. 

53:3  Office.  Amend  RSA  225-A:7  (supp)  as  inserted  by  1957,  254:1 
by  striking  out  the  words  "of  public  works  and  highways"  so  that  said 
section  as  amended  shall  read  as  follows:  225-A:7  Records.  The  depart- 
ment shall  provide  the  board  with  such  office  and  clerical  assistance  as 
may  be  necessary  to  carry  on  the  work  of  the  board.  Said  department  shall 
also  preserve  the  records,  codes,  inspection  reports  and  business  records 
of  the  board. 

53:4  Change  in  Date.  Amend  RSA  225-A:15  (supp)  as  inserted  by 
1957,  254:1  by  striking  out  the  word  "December"  in  the  first  line  and 
inserting  in  place  thereof  the  word,  November,  so  that  said  section  as 
amended  shall  read  as  follows:  225-A:15  Application  for  Registration. 
On  or  before  November  first  of  each  year  every  operator  of  a  passenger 
tramway  shall  apply  to  the  board,  on  forms  prepared  by  it,  for  registration 
hereunder.  The  application  shall  contain  such  information  as  the  board 
may  reasonably  require. 

53:5  Expiration  of  Certificate.  Amend  RSA  225-A:17  (supp)  as  in- 
serted by  1957,  254:1  by  striking  out  the  words  "November  thirtieth,  and 


52  Chapter  54  [1963 

inserting  in  place  thereof  the  words,  October  thirty-first,  so  that  said  sec- 
tion as  amended  shall  read  as  follows:  225-A:17  Registration.  The  board, 
if  satisfied  with  the  facts  stated  in  the  application,  shall  issue  a  registra- 
tion certificate  to  the  operator.  Each  registration  shall  expire  on  October 
thirty-first  next  following  the  day  of  its  issue. 

53:6  Illegal  Operation.  Amend  RSA  225-A:23  (supp)  as  inserted 
by  1957,  254:1  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  225-A:23  Penalty.  Any  operator  convicted  of  operating  a 
passenger  tramway  without  having  been  registered  by  the  board,  or  vio- 
lating the  rules,  regulations  and  codes  of  the  board  shall  be  fined  not 
more  than  one  hundred  dollars.  Any  operator  who  operates  after  his  reg- 
istration has  been  suspended  by  the  board,  shall  be  fined  fifty  dollars  per 
day  for  each  illegal  operation. 

53:7  Outstanding  Registrations.  Any  registration  for  passenger  tram- 
way issued  and  outstanding  as  of  the  date  of  the  passage  of  this  act  shall 
expire  on  October  thirty-first  next  following,  unless  sooner  suspended. 

53:8  Submission  of  Plans.  Amend  RSA  225-A  by  inserting  after 
section  10  the  following  new  section:  225-A:  10-a  Review  of  Plans  and 
Inspections.  Prior  to  the  construction  of  a  new,  or  the  alteration  of  an  ex- 
isting, passenger  tramway,  the  operator  or  prospective  operator  shall  sub- 
mit plans  and  specifications  to  the  department.  The  department  may  make 
recommendations  relative  to  safety  of  the  layout  and  equipment,  but 
such  recommendation  shall  not  relieve  the  operator  or  prospective  oper- 
ator of  his  primary  responsibility  as  set  forth  in  section  il. 

53:9  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  2,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  54. 

AN  ACT  RELATIVE  TO  RAILROAD-HIGHWAY  GRADE  CROSSINGS. 

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

54:1    Authority  of  Commission.   Amend  RSA  373  by  inserting  after 
section  6  the  following  new  section:    373:6-a   Private  Crossings  Used  by 

Public.  Whenever  it  shall  appear,  after  notice  and  hearing  held  by  the 
commission  upon  its  own  motion  or  upon  petition  of  any  interested  party, 
that  an  existing  grade  crossing  is  being  used  as  a  public  highway  and  the 
adjacent  approach  or  approaches  thereto  are  maintained  for  use  in  a 
manner  similar  to  a  public  highway,  the  commission  may  require  the 


1963]  Chapter  55  53 

same  to  be  laid  out,  constructed  and  protected,  and  the  costs  thereof  ap- 
portioned in  accordance  with  the  provisions  of  this  chapter  provided 
that  the  railroad  shall  not  be  charged  with  any  of  the  said  costs. 

54:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  2,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  55. 

AN  ACT  RELATIVE  TO  SALES  OF  LIQUOR  AND  BEVERAGES  BY  RESTAURANTS. 

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

55:1  First  Class  Restaurants.  Amend  RSA  178:3-a  (supp)  as  inserted 
by  1957,  47  by  adding  at  the  end  thereof  the  following:  Notwithstanding 
the  fact  that  the  town  of  Newington  has  voted  or  votes  in  any  referendum 
to  prohibit  the  sale  of  liquor  and  beverages,  a  permit  as  provided  in  RSA 
181:4  and  a  license  to  sell  liquor  by  the  glass  and  fortified  wines  by  the 
bottle,  if  the  cork  is  drawn,  to  bona  fide  customers  with  meals  at  tables 
only,  may  be  issued  to  any  first-class  restaurant  in  said  town  of  Newing- 
ton, but  only  if  the  restaurant  is  open  and  does  business  at  least  ten 
months  of  every  calendar  year  and  said  restaurant  shall  meet  all  other 
requirements  of  this  section,  so  that  said  section  as  amended  shall  read 
as  follows: 

178:3-a  Licenses  for  Restaurants.  The  commission  may  issue  a  li- 
cense to  any  first  class  restaurant  in  any  town,  if  such  restaurant  also  holds 
a  permit  provided  under  RSA  181:4,  which  shall  entitle  the  licensee  to 
sell  liquor  by  the  glass  and  fortified  wines  by  the  bottle,  if  the  cork  is 
drawn,  with  meals  at  tables  only  in  the  restaurant;  said  liquor  and/or 
fortified  wines  to  be  consumed  with  meals  at  tables  only  in  the  approved 
dining  rooms  of  said  restaurant.  Minimum  charge  for  said  meals  shall 
be  not  less  than  one  dollar  each.  The  determination  of  what  is  a  first  class 
restaurant  is  to  be  within  the  discretion  of  the  commission.  Licenses  shall 
be  granted  only  to  such  restaurants  as  the  commission  at  its  discretion 
shall  approve  and  then  only  to  such  restaurants  as  can  show  the  com- 
mission on  forms  and  under  regulations  prescribed  by  the  commission 
that  at  least  sixty  per  cent  of  the  gross  sales  shall  fall  within  the  category 
of  food.  Annually  thereafter  or  as  may  seem  necessary  the  commission 
shall  review  each  license  and/or  each  application  for  renewal  on  the  con- 
ditions stated  in  this  section.  No  license  shall  be  granted  to  any  restaurant 
under  the  provisions  of  this  section  in  any  town  or  city  that  has  voted  to 
prohibit  the  sale  of  alcoholic  beverages  within  its  confines.  Notwithstand- 


54  Chapter  56  [1963 

ing  the  fact  that  the  town  of  Newington  has  voted  or  votes  in  any  refer- 
endum to  prohibit  the  sale  of  liquor  and  beverages,  a  permit  as  provided 
in  RSA  181:4  and  a  license  to  sell  liquor  by  the  glass  and  fortified  wines 
by  the  bottle,  if  the  cork  is  drawn,  to  bona  fide  customers  with  meals  at 
tables  only,  may  be  issued  to  any  first  class  restaurant  in  said  town  of  New- 
ington, but  only  if  the  restaurant  is  open  and  does  business  at  least  ten 
months  of  every  calendar  year  and  said  restaurant  shall  meet  all  other 
requirements  of  this  section. 

55:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  2,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  56. 


AN  ACT  RELATIVE  TO  FEES  FOR  RECORDING  AND  DISCHARGING  LIENS  FOR 
INTERNAL  REVENUE  TAXES. 

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

56:1  Fees.  Amend  RSA  454:5  by  striking  out  in  line  two  the  words 
"one  dollar  fifty  cents"  and  inserting  in  place  thereof  the  words,  two 
dollars,  and  by  striking  out  in  line  three  the  words  "fifty  cents"  and  insert- 
ing in  place  thereof  the  words,  one  dollar,  so  that  said  section  as  amended 
shall  read  as  follows:  454:5  Fees.  The  register  of  deeds  and  clerk  shall 
be  entitled  to  a  fee  of  two  dollars  for  the  entry  and  recording  of  each  of 
such  notices  of  tax  liens  and  one  dollar  for  the  entry  and  recording  of  the 
discharge  thereof. 

56:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  2,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  57. 


AN  ACT  RELATIVE  TO  THE  ENFORCEMENT  OF  LAWS  CONCERNING  CRUELTY  TO 

ANIMALS. 

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

57:1    Prosecution  of  Violations.    Amend  RSA  575:13  by  inserting 
after  the  word  "constables"  in  the  second  line  the  words,  state  police  em- 


1963]  Chapter  58  55 

ployees,  so  that  said  section  as  amended  shall  read  as  follows:  575:13 
Duty  of  Sheriffs,  Etc.  It  shall  be  the  duty  of  sheriffs,  deputy  sheriffs,  con- 
stables, state  police  employees,  and  police  officers  to  prosecute  violations 
of  the  provisions  of  this  chapter. 

57:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  58. 


AN  ACT  PROVIDING  FOR  CERTAIN  DEDUCTIONS  FROM  RETIREMENT  BENEFITS 

FOR  POLICEMEN. 

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

58:1  Policemen's  Retirement  System.  Amend  RSA  103  by  inserting 
after  section  18  the  following  new  section:  103:18-a  Authorized  Deduc- 
tions. Notwithstanding  any  other  provisions  of  this  chapter  any  member 
of  the  policemen's  retirement  system  who  makes  application  for  benefits 
under  this  chapter  and  who  was  at  the  time  a  member  of  an  insurance  or 
hospitalization  group  plan  for  which  payroll  deductions  are  authorized, 
may  request  that  the  monthly  premium  for  such  service  be  deducted  from 
the  monthly  retirement  benefit  which  he  is  to  receive,  and  in  such  case 
said  deduction  shall  be  made  from  the  sums  due  the  member.  Provided, 
further,  that  deductions  from  retirement  benefits  shall  be  made,  if  re- 
quested by  retired  policemen  receiving  such  benefits  who  transfer  an 
existing  direct  pay  membership  or  subscribe  as  a  new  member  for  such 
plan,  if  permitted  by  regulations  of  such  plan. 

58:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  59. 

AN  ACT  RELATIVE  TO  EXCEEDING  APPROPRIATIONS  BY  COUNTY  COMMISSIONERS. 

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

59:1   Interpretation  of  Statute.  Amend  RSA  29:8  (supp)  as  amended 
by  1959,  121:1,  by  inserting  at  the  end  thereof  the  words,  nothing  in  this 


56  Chapter  60  [1963 

section  shall  be  deemed  or  construed  as  authority  to  exceed  appropria- 
tions made  by  the  county  convention,  so  that  said  section  as  amended 
shall  read  as  follows:  29:8  Borrowing.  Whenever  the  money  in  the 
treasury  of  any  county  shall  be  insufficient  to  meet  the  demands  upon 
the  same,  the  treasurer,  upon  the  order  of  the  commissioners  with  the 
approval  of  the  executive  committee  of  the  county  convention,  may  bor- 
row such  sum  as  they  shall  deem  necessary  for  the  purpose,  and  give  the 
note  of  the  county  therefor;  provided,  however,  that  if  the  sum  to  be 
borrowed,  together  with  the  collected  taxes  of  the  same  fiscal  year,  shall 
exceed  by  ten  per  cent  the  total  appropriations  made  for  that  year  by  the 
county  convention,  the  approval  of  the  county  convention  for  such  excess 
borrowing  must  be  secured,  unless  the  convention  has  not  acted  upon 
the  appropriations  for  the  ensuing  year.  Nothing  in  this  section  shall  be 
deemed  or  construed  as  authority  to  exceed  appropriations  made  by  the 
county  convention. 

59:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  60. 

AN  ACT  RELATIVE  TO  THE  AMOUNT  OF  ANNUAL  MEMBERSHIPS  PAID  BY  TOWNS 
TO  TOWN  officers'  ASSOCIATIONS. 

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

60:1  Increase  in  Fees.  Amend  RSA  31:8  by  striking  out  the  word 
"three"  in  the  ninth  line  and  inserting  in  place  thereof  the  word,  six, 
so  that  said  section  as  amended  shall  read  as  follows:  31:8  Town  Officers' 
Associations.  For  the  encouragement  of  equitable  taxation  and  the  edu- 
cation of  public  officials  in  tax  problems  and  other  matters  pertaining  to 
the  proper  and  efficient  discharge  of  the  duties  of  their  respective  offices, 
each  town  and  city  shall  pay  annually  to  the  Association  of  New  Hamp- 
shire Assessors,  the  New  Hampshire  City  and  Town  Clerks'  Association 
and  the  New  Hampshire  Tax  Collectors'  Association,  such  amounts  as 
shall  be  due  for  annual  membership  for  its  officials  therein,  provided  that 
the  amount  paid  for  any  one  annual  membership  hereunder  shall  not 
exceed  six  dollars.  Members  of  these  several  organizations  in  addition 
to  the  annual  membership  fee  shall  be  entitled  to  receive  their  actual 
expenses  incurred  in  attending  the  annual  convention  of  their  respective 
associations,  the  same  to  be  audited  by  the  selectmen  of  towns  and  the 
finance  committee  of  cities  and  paid  out  of  city  and  town  funds. 


1963]  Chapter  61  57 

60:2   Takes  EfiEect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  61. 


AN  ACT  RELATIVE  TO  OPERATION  OF  MOTOR  VEHICLES  WHEN  BLIND  PERSONS 

ARE  CROSSING  A  WAY. 

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

61:1  Conduct  Toward  the  Blind.  Amend  RSA  263:58  (supp)  as 
amended  by  1959,  240:1  by  striking  out  the  word  "guide"  in  the  second 
line;  further  amend  by  inserting  after  the  word  "dog"  in  the  second  and 
tenth  lines  the  words,  trained  for  the  purpose;  so  that  said  section  as 
amended  shall  read  as  follows:  263:58  Care  Required.  Whenever  a 
totally  or  partially  blind  pedestrian,  guided  by  a  dog  trained  for  the  pur- 
pose or  carrying  in  a  raised  or  extended  position  a  cane  or  walking  stick 
which  is  white  in  color  or  white  tipped  with  red,  crosses  or  attempts  to 
cross  a  way,  the  driver  of  every  vehicle  approaching  the  place  where  such 
pedestrian  is  crossing  or  attempting  to  cross  shall  bring  his  vehicle  to  a 
full  stop,  and  before  proceeding  shall  take  such  precautions  as  may  be 
necessary  to  avoid  injuring  such  pedestrian.  Nothing  contained  in  this 
section  shall  be  construed  to  deprive  any  totally  or  partially  blind  person, 
not  carrying  such  a  cane  or  walking  stick  or  not  being  guided  by  a  dog 
trained  for  the  purpose,  of  the  rights  and  privileges  conferred  by  law 
upon  pedestrians  crossing  ways. 

61:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  62. 

AN  ACT  RELATING  TO  TRAILERS. 

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

62:1  Definition.  Amend  RSA  260:23  (supp)  as  amended  by  1961, 
41:2  by  striking  out  said  section  and  inserting  in  place  thereof  the  follow- 
ing:   260:23   Scope  of  Term  "Motor  Vehicle".   The  words  motor  vehicle 


58  Chapter  63  [1963 

as  used  in  this  subdivision  shall  include  all  trailers  and  semi-trailers  as 
defined  in  chapter  259  and  travel  trailers  as  determined  by  the  state  tax 
commission.  Mobile  homes  and  house  trailers  shall  not  be  included  in  the 
term  motor  vehicle  as  defined  herein. 

62:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sao"e. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  63. 

AN  ACT  RELATIVE  TO  PURCHASE  EXCEPTIONS. 

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

63:1  Exceptions,  Courts.  Amend  paragraph  III  of  RSA  8:25  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 
III.  The  supreme  court,  the  superior  court  and  the  state  reporter  are 
excepted  entirely  from  the  provisions  of  this  chapter. 

63:2  Exceptions,  State  Agencies.  Amend  paragraph  VII  of  RSA 
8:25  by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following:  VII.  Books  and  Periodicals.  All  state  agencies  are  excepted 
in  the  matter  of  the  purchase  of  books  and  periodicals  only.  All  purchases 
shall  be  made  by  the  state  library.  The  state  librarian  shall  establish  ap- 
propriate administrative  procedures  for  such  purchases. 

63:3  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  May  7,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  64. 

AN  ACT  RELATIVE  TO  FEES  FOR  MEDICAL  REFEREES. 

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

64:1  Medical  Referees.  Amend  RSA  611:27  (supp)  as  amended  by 
1955,  123:1  by  striking  out  the  word  "ten"  where  it  occurs  in  the  second 
and  in  the  third  lines  and  inserting  in  place  thereof  the  word,  fifteen,  so 
that  said  section  as  amended  shall  read  as  follows:  611:27  Fees;  Referees. 
The  fees  allowed  the  referee  shall  not  exceed  the  following,  viz.:  For  a 


1963]  Chapter  65  59 

view  and  inquiry  without  an  autopsy,  fifteen  dollars;  for  a  view  and 
autopsy,  twenty-five  dollars;  for  an  inquest,  fifteen  dollars  a  day  for  the 
time  actually  spent  in  holding  such  inquest;  and  for  all  necessary  travel 
at  the  rate  of  ten  cents  a  mile. 

64:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  65. 

AN  ACT  RELATIVE  TO  VALIDATION  OF  DEEDS  LACKING  WITNESSES. 

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

65:1  Witnesses.  Amend  RSA  477:il6  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  477:16  Deeds  Lacking 
Statement  of  Consideration  or  Seals,  or  Witnesses,  Validated.  When  any 
instrument  of  writing  shall  have  been  on  record  in  the  office  of  the  reg- 
ister of  deeds  in  the  proper  county  for  the  period  of  ten  years,  and  there 
is  a  defect  in  such  instrument  because  it  omitted  to  state  any  considera- 
tion therefor  or  because  it  was  not  sealed  by  the  grantors  or  any  of  them, 
or  because  it  was  not  witnessed,  such  instrument  shall,  from  and  after 
the  expiration  of  ten  years  from  the  filing  thereof  for  record,  be  valid  as 
though  such  instrument  had,  in  the  first  instance,  stated  the  consideration 
therefor  or  had  been  sealed  by  all  of  the  grantors  or  had  been  witnessed 
in  full  compliance  with  requirements  of  law,  and  such  intrument  shall, 
after  the  expiration  of  ten  years  from  the  filing  of  the  same  for  record, 
impart  to  subsequent  purchasers,  incumbrances  and  all  other  persons 
whomsoever,  notice  of  such  instrument  of  writing  so  far  as  and  to  the 
same  extent  that  the  same  then  be  recorded,  copied  or  noted  in  such 
books  of  record,  notwithstanding  such  defect.  Provided  that  nothing 
herein  contained  shall  be  construed  to  affect  any  rights  acquired  by 
grantees,  assignees  or  incumbrances  subsequent  to  the  filing  of  such  in- 
strument for  record  and  prior  to  the  expiration  of  ten  years  from  the  filing 
of  such  instrument  for  record;  and  provided  further,  that  this  section 
shall  not  apply  to  conveyances  or  other  instruments  of  writing,  the  validity 
of  which  is  brought  in  question  in  any  suit  now  pending  in  any  of  the 
courts  of  this  state. 

65:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


60  Chapter  66  [1963 

CHAPTER  66. 

AN  ACT  RELATIVE  TO  INVESTMENTS  OF  GUARDIANS  AND  CONSERVATORS. 

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

66:1  Guardians  and  Conservators.  Amend  RSA  464  by  adding  at 
the  end  of  said  chapter  the  following  new  subdivision: 

Investments 

464:22  Investments.  Any  person  appointed  guardian  or  conservator 
of  any  other  person  under  the  provisions  of  this  chapter  shall  invest,  in 
the  name  of  his  ward  or  in  his  own  name  as  guardian  or  conservator,  the 
money  and  the  proceeds  of  all  real  and  personal  property  of  his  ward  not 
required  for  the  ward's  support  in  the  classes  of  property  only  as  set  forth 
in  RSA  463:22,  as  amended. 

66:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  67. 


AN  ACT  TO  PROHIBIT  THE  USE  OF  POWER  BOATS  IN  THE  WHITE  MOUNTAIN 

NATIONAL  FOREST. 

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

67:1  Power  Boats  Prohibited.  Amend  RSA  270  by  inserting  after 
section  28  the  following  new  section:  270:29  Operation  Prohibited.  It 
shall  be  unlawful  to  operate  a  boat  or  canoe  propelled  by  mechanical 
power  on  any  stream  or  body  of  water  within  the  boundaries  of  that  part 
of  the  White  Mountain  National  Forest  that  is  situated  within  the  State 
of  New  Hampshire.  The  provisions  of  this  section  shall  not  apply  to  the 
following  bodies  of  water:  Stinson  Lake  in  Rumney,  the  North  and  South 
Percy  Ponds  in  Stark  and  Kimball  Pond  in  Chatham,  nor  to  persons  en- 
gaged in  emergency  rescue  operations  or  public  service.  Whoever  violates 
the  provisions  of  this  section  shall  be  fined  not  more  than  one  hundred 
dollars. 

67:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


1963]  Chapter  68  61 

CHAPTER  68. 

AN  ACT  RELATIVE  TO  MOTOR  VEHICLE  FEES. 

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

68:1  Motor  Vehicle  Fees.  Amend  RSA  262:1  (supp)  by  inserting 
after  paragraph  XVI  as  inserted  by  1957,  233:1  the  following  new  para- 
graph: XVII.  For  every  trailer  or  semi-trailer  upon  which  is  permanently 
mounted  a  power  substation  or  transformer  and  associated  equipment 
used  for  stand-by  or  emergency  purposes  in  the  service  of  the  public, 
five  dollars. 

68:2   Takes  Effect.   This  act  shall  take  effect  as  of  April  ,1,  1963. 

[Approved  May  10,  1963.] 
[Effective  date  April  1,  1963.] 


CHAPTER  69. 

AN  ACT  RELATING  TO  THE  PURCHASE  OF  DATA  PROCESSING  SYSTEMS  BY 
INSURANCE  COMPANIES. 

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

69:1  Purchase  Authorized.  Amend  RSA  402  by  inserting  after  sec- 
tion 30  the  following  new  section:  402:30-a  Data  Processing  Systems. 
Every  insurance  company,  other  than  life,  organized  under  the  laws  of 
this  state,  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  unamortized 
cost  thereof  shall  not  at  any  time  exceed  five  per  cent  of  the  company's 
admitted  assets  without  the  approval  of  the  insurance  commissioner. 
Any  life  insurance  company  organized  under  the  laws  of  this  state  may 
purchase  and  hold  such  machines  and  equipment  pursuant  to  RSA 
411:16-a. 

69:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


62  Chapter  70  [1963 

CHAPTER  70. 

AN  ACT  RELATIVE  TO  THE  DEPOSIT  OF  SECURITIES  BY  DOMESTIC  LIFE 
INSURANCE  COMPANIES. 

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

70:1  Determination  of  Reserves.  Amend  RSA  411:6  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  411:6  Policy 
Reserves.  As  soon  as  practicable  after  the  filing  of  said  annual  statement 
the  commissioner  shall  determine  the  reserves  for  all  policies  of  each 
such  company  in  force  on  December  thirty-first  immediately  preceding, 
in  accordance  with  the  provisions  of  RSA  410. 

70:2  Amount  of  Deposit.  Amend  RSA  41il:8  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  411:8  Deposit  with 
Commissioner.  Upon  determining,  in  the  manner  above  provided,  the 
aggregate  reserves  for  all  policies  in  force  in  any  such  company  the  com- 
missioner shall  notify  said  company  of  the  amount  thereof,  and  within 
ninety  days  after  the  date  of  such  notification  the  officers  of  such  company 
shall  deposit  with  the  commissioner,  for  the  security  and  benefit  of  its 
policyholders,  an  amount  which,  together  with  the  sum  already  deposited 
with  the  commissioner,  shall  be  not  less  than  the  amount  of  such  aggre- 
gate reserves  for  all  policies  in  force,  less  life  insurance  premiums  and 
annuity  considerations  deferred  and  uncollected  and  less  policy  loans  as 
defined  in  section  15,  in  the  other  securities  described  in  said  section,  or 
in  certificates  of  deposit  in  any  solvent  bank  or  triist  company,  or  in  evi- 
dence satisfactory  to  the  commissioner  of  ownership  of  unencumbered 
improved  real  estate,  such  as  may  be  lawfully  acquired  by  such  company 
under  the  provisions  of  this  chapter,  at  such  valuation  as  may  be  deter- 
mined by  the  commissioner  upon  evidence  satisfactory  to  him.  Such  real 
estate  shall  not  be  sold  or  encumbered  without  the  consent  of  the  com- 
missioner unless  securities  of  at  least  equal  value  as  herein  required  be 
deposited  in  lieu  thereof. 

70:3  Making  Deposit.  Amend  RSA  411:9  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  411:9  Exception.  No 
such  company  shall  be  required  to  make  such  deposit  until  the  aggregate 
reserves  for  the  policies  in  force,  less  life  insurance  premiums  and  annuity 
considerations  deferred  and  uncollected  and  less  policy  loans,  as  deter- 
mined by  the  commissioner,  exceeds  the  amount  deposited  by  said  com- 
pany under  section  1. 

70:4  Action  by  Commissioner.  Amend  RSA  41|1 : 1 1  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:    411:11    Certificate. 

On  receipt  of  the  deposit  and  statement  from  any  company,  as  provided 
in  the  preceding  sections,  which  shall  be  renewed  annually,  the  commis- 
sioner shall  issue  a  certificate  setting  forth  the  corporate  name  of  the 


1963]  Chapter  71  63 

company,  its  principal  office,  that  it  has  fully  complied  with  the  provisions 
of  this  chapter,  stating  the  amount  deposited,  the  aggregate  reserves  for 
the  policies  in  force,  less  insurance  premiums  and  annuity  considerations 
deferred  and  uncollected  and  less  policy  loans,  and  that  it  is  authorized 
to  transact  the  business  of  life  insurance. 

70:5   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  dO,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  71. 

AN  ACT  RELATIVE  TO  REAL  ESTATE  OWNED  BY  DOMESTIC  LIFE  INSURANCE 

COMPANIES. 

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

71:1  Approval  of  Insurance  Commissioner.  Amend  RSA  411:18  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
411:18  Extension  of  Time  for  Disposal.  No  such  company  shall  hold  such 
real  estate  for  a  longer  period  than  that  above  mentioned,  unless  it  shall 
obtain  the  written  approval  of  the  insurance  commissioner  to  hold  such 
real  estate  pursuant  to  the  provisions  of  RSA  411:19. 

71:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  72. 


AN  ACT  RELATIVE  TO  COMPENSATION  FOR  MEMBERS  OF  BOARD  OF  MEDICAL 

EXAMINERS. 

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

72:1  Medical  Examiners.  Amend  RSA  329:5  by  striking  out  the 
word,  "fifteen"  in  the  second  line  and  inserting  in  place  thereof  the  word 
thirty-five,  so  that  said  section  as  amended  shall  read  as  follows:  329:5 
Compensation.    The  members  of  the  board  may  receive  a  per  diem  of 


64  Chapter  73  [1963 

thirty-five  dollars  for  meetings  and  examinations.  Said  board  shall  receive 
no  compensation  in  excess  of  the  fees  received,  and  shall  be  of  no  expense 
to  the  state  beyond  such  amount. 

72:2  Takes  Efifect.  This  act  shall  take  efiEect  as  of  July  1,  1963. 

[Approved  May  10,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  73. 


AN  ACT  TO  PROVIDE  FOR  PAYMENT  OF  COMPENSATION  OF  DECEASED 

LEGISLATORS. 

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

73:1    Legislators.   Amend  RSA  14  by  inserting  after  section  27  the 
following  new  section:    14:27-a    Deceased  Members  Compensation.    In 

the  event  a  member  of  the  general  court  shall  die  after  being  sworn  and 
while  the  general  court  is  in  regular  session,  the  treasurer  is  directed  and 
authorized  to  pay,  upon  demand  and  filing  of  a  certificate  of  death  with 
the  secretary  of  state,  to  the  surviving  spouse,  and  if  there  be  none,  to  the 
estate  of  such  deceased  member  the  balance  of  his  compensation. 


73:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 


sage. 


[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  74. 

AN  ACT  RELATIVE  TO  THE  TIME  FOR  FILING  OF  PERMANENT  JOURNAL. 

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

74:1  Time  Changed.  Amend  RSA  14:7  by  striking  out  in  line  six 
the  words  "thirty  days"  and  inserting  in  place  thereof  the  following,  a 
reasonable  time;  further  amend  said  section  by  striking  out  in  line  seven 
the  words  "the"  and  "limited"  and  inserting  in  place  of  the  word  "the"  the 
word,  such,  so  that  said  section  as  amended  shall  read  as  follows:  14:7 
Journals.  After  each  biennial  session  the  clerk  of  the  senate  shall  file  with 
the  secretary  of  state  a  printed  copy  of  the  journal  of  the  senate  complete 
with  index  and  the  clerk  of  the  house  of  representatives  shall  file  with 
the  secretary  of  state  a  printed  copy  of  the  journal  of  the  house  complete 


1963]  Chapter  75  65 

with  index.  Such  copies  shall  be  filed  within  a  reasonable  time  after  the 
close  of  the  session.  If  a  clerk  fails  to  file  the  copy  required  by  this  section 
within  such  time  he  shall  forfeit  the  payment  provided  in  section  19  or 
20  of  this  chapter  for  such  filing. 

74:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  MayilO,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  75. 

AN  ACT  RELATIVE  TO  DEFINITIONS  UNDER  THE  TEACHERS'  RETIREMENT  SYSTEM. 

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

75:1  Definitions.  Amend  paragraph  XII  of  RSA  192:1  by  inserting 
at  the  end  thereof  the  following  sentences:  Notwithstanding  the  fore- 
going, the  earnable  compensation  of  a  member  whose  compensation  is 
reduced  for  any  reason  shall,  at  the  election  of  the  teacher  made  at  the 
time  of  such  reduction,  be  deemed  for  the  purposes  of  the  retirement 
system  to  be  continued  at  the  higher  rate.  Such  election  shall  be  irrevo- 
cable, so  that  said  paragraph  as  amended  shall  read  as  follows:  XII. 
"Earnable  compensation"  shall  mean  the  full  base  rate  of  compensation 
paid  to  a  teacher,  plus  such  additional  amounts  as  may  be  paid  for  extra- 
curricular educational  activities  or  cost  of  living  bonus.  In  cases  where 
compensation  includes  maintenance  the  board  of  trustees  shall  fix  the 
value  of  that  ipart  of  the  compensation  not  paid  in  money.  Notwithstand- 
ing the  foregoing,  the  earnable  compensation  of  a  member  whose  com- 
pensation is  reduced  for  any  reason  shall,  at  the  election  of  the  teacher 
made  at  the  time  of  such  reduction,  be  deemed  for  the  purposes  of  the 
retirement  system  to  be  continued  at  the  higher  rate.  Such  election  shall 
be  irrevocable. 

75:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


66  Chapter  76  [1963 

CHAPTER  76. 

AN  ACT  RELATIVE  TO  NUMBER  OF  BALLOTS  TO  BE  PRINTED  FOR  THE 
PRIMARY  ELECTION. 

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

76:1  Primary  Ballots.  Amend  RSA  56:32  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  56:32  Number.  Not  later 
than  six  days  before  a  primary  the  secretary  of  state  shall  furnish  to  the 
clerk  of  each  town  and  ward  ballots  for  each  political  party  as  follows: 
For  each  fifty  and  fraction  of  fifty  voters  of  each  party,  as  he  may  deter- 
mine from  the  returns  of  ballots  cast  at  the  last  preceding  election,  seventy- 
five  ballots  of  said  party,  except  that  when  any  party  has  cast  less  than  ten 
votes  in  a  town  or  ward,  he  shall  furnish  twenty-five  ballots. 

76:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  77. 

AN  ACT  RELATIVE  TO  NONRESIDENT  HUNTING  AND  FISHING  LICENSES. 

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

77:1  Nonresident  Licenses.  Amend  RSA  214  by  inserting  after  sec- 
tion '22  the  following  new  section:  214:22-a  Nonresident  Licenses  Lim- 
ited. No  person  shall  hold  a  nonresident  hunting  and  fishing  license  and 
at  the  same  time  hold  a  nonresident  hunting  license,  nor  shall  any  person 
at  the  same  time  hold  more  than  one  of  either  of  said  licenses.  Any  person 
who  shall  procure  a  nonresident  hunting  and  fishing  license  while  hold- 
ing a  nonresident  hunting  license  or  a  nonresident  hunting  and  fishing 
license,  or  who  shall  procure  a  nonresident  hunting  license  while  holding 
a  nonresident  hunting  license  or  a  nonresident  hunting  and  fishing  license, 
shall  be  guilty  of  a  violation  of  this  chapter. 

77:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


1963]  Chapter  78  67 

CHAPTER  78. 

AN  ACT  RELATIVE  TO  FISH  AND  GAME  LICENSES  FOR  PERSONS  OVER  SEVENTY 

YEARS  OF  AGE. 

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

78:1  Fishing  and  Hunting  Licenses.  Amend  RSA  214:7-a  (supp)  as 
inserted  by  1959,  254:1  by  inserting  at  the  end  thereof  the  following:  Such 
license  shall  be  effective  for  said  resident  during  the  remainder  of  his 
life,  unless  sooner  suspended  or  revoked,  so  that  said  section  as  amended 
shall  read  as  follows:  214:7-a  Persons  Over  Seventy  Years  of  Age.  Any 
resident  of  this  state  who  is  seventy  years  of  age  or  over  may  make  appli- 
cation, to  any  authorized  agent  of  the  state  for  the  sale  of  fishing  and 
hunting  licenses,  for  a  special  license  to  fish  and  hunt,  under  the  restric- 
tions of  this  title.  Such  license  shall  be  marked  in  such  manner  as  the 
director  may  designate  and  there  shall  be  no  fee  for  such  license.  Such 
license  shall  be  effective  for  said  resident  during  the  remainder  of  his 
life,  unless  sooner  suspended  or  revoked. 

78:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  79. 

AN  ACT  RELATING  TO  THE  EXEMPTION  FROM  PROPERTY  TAXES  OF  CERTAIN 
PARTS  OF  THE  STATE  AIRWAYS  SYSTEM. 

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

79:1  Declaration  of  Purpose.  It  is  hereby  found  and  declared  that 
use  by  the  public  of  air  navigation  facilities  and  public  passenger  ter- 
minal buildings  is  necessary  for  the  proper  operation  of  the  state  airways 
system  and  that  the  encouragement  of  the  owners  of  such  air  navigation 
facilities  and  terminal  buildings  to  make  them  available  for  public  use  is 
therefore  desirable. 

79:2  Exemption  from  Property  Tax.  Amend  RSA  72  (supp)  as 
amended  by  1957,  299:1,  by  inserting  after  section  37  the  following  new 
section:  72:38  Exemption  for  Aviation  Facilities.  A  town,  by  vote  of  a 
majority  of  those  present  and  voting  at  any  regular  town  meeting,  acting 
under  an  article  duly  incorporated  in  the  warrant  for  said  meeting,  and  a 
city,  by  vote  of  the  governing  body  thereof,  may  exempt  the  owner  of  a 


68  Chapter  80  [1963 

privately  owned  air  navigation  facility  available  for  public  use  without 
charge,  who  holds  as  of  April  first  of  any  year  a  certificate  for  such  facility 
from  the  New  Hampshire  aeronautics  commission  that  the  facility  is  nec- 
essary for  the  maintenance  of  an  effective  airway  system,  from  taxation  of 
such  facility  for  each  such  year.  For  the  purposes  of  this  section  the  term 
air  navigation  facility  includes  all  the  surfaces  of  an  airport  encompassed 
within  the  principal  boundaries  that  are  maintained  and  available  for 
the  take-off,  landing,  taxiing,  and  open  air  parking  of  an  aircraft  using 
said  airport,  any  air  navigation  or  communications  facility  associated 
with  the  airport  and  any  passenger  terminal  building  available  for  public 
use  without  charge. 

79:3   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  80. 

AN  ACT  PROVIDING  AN  APPROPRIATION  FOR  THE  STATE  COUNCIL  ON  AGING. 

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

80:1  Appropriation.  The  sum  of  two  thousand  dollars  is  hereby 
appropriated  to  be  expended  by  the  state  council  on  aging,  as  established 
by  RSA  167-A,  for  the  purposes  of  said  council.  The  sum  hereby  appropri- 
ated shall  be  a  continuing  appropriation  and  shall  not  lapse. 

80:2  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  May  17,  1963.] 
[Effective  date  July  1,  il963.] 


CHAPTER  81. 

AN  ACT  RELATIVE  TO  HUNTING  FROM  MOTOR  VEHICLES  BY  DISABLED  PERSONS. 

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

81:1  Hunting  from  Motor  Vehicle.  Amend  RSA  207:7-a  (supp)  as 
inserted  by  1957,  188:1  by  inserting  after  the  word  "veteran"  in  the  second 
line  the  words,  or  a  person,  so  that  said  section  as  amended  shall  read  as 
follows:   207:7-a  Disabled  Veterans  and  Persons.  The  above  section  shall 


1963]  Chapter  82  69 

not  apply  to  a  disabled  veteran  or  a  person  who  is  suffering  from  para- 
plegia or  who  is  suffering  from  the  loss  of,  or  the  loss  of  the  use  of,  both 
lower  extremities  and  who  has  obtained  a  current  license  to  hunt,  pro- 
vided however  that  such  person  must  first  obtain  from  the  director  a 
special  permit  entitling  the  said  person  to  hunt  while  using  a  motor 
vehicle,  not  to  include  boats  with  motor  attached  or  aircraft,  and  further 
provided  that  no  loaded  firearm,  shotgun  or  rifle  shall  be  carried  or  trans- 
ported with  a  cartridge  either  in  the  chamber,  magazine  or  clip  attached 
to  said  firearm,  shotgun  or  rifle,  while  said  vehicle  is  in  motion.  The 
director  may  issue  such  a  permit  upon  application  in  person  or  upon 
documentary  proof  of  such  disability  by  a  licensed  hunter.  Such  permit 
must  be  carried  upon  the  person  of  the  permittee  while  hunting  and  shall 
be  produced  for  inspection  upon  the  demand  of  any  law  enforcement 
officer.  Such  permit  may  be  revoked  for  such  period  as  the  director  may 
deem  proper  upon  satisfactory  proof  that  such  permittee  is  an  improper 
person  to  have  such  a  permit  or  upon  conviction  in  any  court  of  a  viola- 
tion of  this  title.  Such  permit  shall  expire  on  December  thirty-first  of  each 
year  and  the  director  shall  charge  a  fee  of  fifty  cents  for  such  permit  or 
the  renewal  thereof.  Each  permittee  shall  be  given  one  deer  seal  which 
must  be  attached  to  the  deer  immediately  upon  killing.  Should  the  per- 
mittee need  assistance  in  the  case  of  a  wounded  deer,  he  shall  give  the 
seal  to  the  assistant  to  attach  to  the  deer  before  moving  it  to  the  vehicle 
for  the  permittee  to  tag. 

81:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  17,  1963.] 
[Effective  date  July  16,  1963.] 


CHAPTER  82. 


AN  ACT  RELATIVE  TO  THE  AUTHORITY  OF  THE  COMMISSIONER  OF  PUBLIC 
WORKS  AND  HIGHWAYS. 

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

82:1  Special  Projects.  Amend  RSA  229:22  (supp),  as  inserted  by 
1959,  283:1,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:   229:22  Requested  Maintenance  and  Repair  Projects.  The 

commissioner  may,  on  request  of  any  city  or  town,  perform  work  of  main- 
tenance and  repair,  including  the  furnishing  of  labor  and  materials,  on 
any  town  or  city  road,  bridge  or  any  other  property  used  in  connection 
with  highways,  or  on  the  request  of  any  state  department  or  institution, 
perform  work  of  maintenance  and  repair,  including  the  furnishing  of 


70  Chapter  82  [1963 

labor  and  materials,  on  any  property  of  any  state  department  or  institu- 
tion, under  the  following  conditions: 

I.  Upon  completion  of  such  work,  the  commissioner  shall  bill  the 
town  or  city,  state  department  or  institution,  therefor;  and  the  munici- 
pality or  agency  shall  pay  said  bill  within  thirty  days  after  the  receipt 
thereof.  Interest  at  the  rate  of  six  per  cent  per  annum  may  be  charged 
upon  all  bills  not  paid  when  due  as  herein  prescribed,  and  the  commis- 
sioner may  refuse  to  perform  further  work  of  maintenance  and  repair  for 
any  municipality  or  agency  delinquent  in  the  payment  of  such  bill. 

II.  The  commissioner  is  authorized  to  purchase  the  necessary  ma- 
terials and  supplies  required  for  the  performance  of  such  work  including 
the  rental  of  equipment.  The  state  treasurer  upon  presentation  by  the 
commissioner  of  manifests  covering  said  materials,  supplies  and  rentals 
is  authorized  to  pay  the  same  from  any  money  in  the  highway  fund  not 
otherwise  appropriated.  The  commissioner  shall  establish  a  special  ac- 
count within  the  highway  fund  to  which  shall  be  charged  the  cost  of  per- 
forming such  work  and  to  which  shall  be  credited  payments  made  by 
cities,  towns,  state  departments  and  institutions  hereunder.  Insofar  as 
such  payments  shall  include  charges  for  labor  performed  by  personnel 
of  the  department  of  public  works  and  highways  and  interest  charges  on 
delinquent  accounts,  these  payments  shall  be  credited  to  the  highway 
fund. 

III.  Every  workman  on  projects  requested  by  cities  and  towns,  ex- 
cept workmen  employed  by  the  department  of  public  works  and  highways 
in  its  engineering  force,  shall  be  deemed  to  be  in  the  employ  of  the  city 
or  town  requesting  the  project  and  not  in  the  employ  of  the  state  and 
such  city  or  town  shall  be  responsible  for  any  claims  resulting  from  such 
employment. 

IV.  Every  workman  on  projects  requested  by  state  departments  or 
institutions,  except  workmen  employed  by  the  department  of  public 
works  and  highways  in  its  engineering  force,  shall  be  deemed  to  be  in 
the  employ  of  the  state  department  or  institution  requesting  the  project 
and  not  in  the  employ  of  the  department  of  public  works  and  highways 
and  such  state  department  or  institution  shall  be  responsible  for  any 
claims  resulting  from  such  employment. 

82:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  17,  1963.] 
[Effective  date  May  17,  1963.] 


1963]  Chapter  83  71 

CHAPTER  83. 

AN  ACT  RELATIVE  TO  PHARMACY  FEES  AND  BOARD  ASSISTANTS. 

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

83:1  Pharmacy  Commission.  Amend  RSA  318:4  by  striking  out  the 
word  "ten"  in  the  second  line  and  inserting  in  place  thereof  the  word, 
twenty-five,  so  that  said  section  as  amended  shall  read  as  follows:  318:4 
Compensation.  The  members  of  the  commission  shall  be  paid  twenty-five 
dollars  a  day  and  their  necessary  expenses  while  actually  engaged  in  the 
performance  of  their  duties,  not  exceeding  twenty-five  days  annually. 

83:2  Separate  Fund  Established.  Amend  RSA  318:7  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  318:7  Disposal 
of  Fees,  Fines,  and  Penalties.  The  secretary-treasurer  shall  receive  and 
account  for  all  moneys  derived  under  the  provisions  of  this  chapter  and 
shall  pay  the  same  to  the  state  treasurer,  who  shall  keep  such  moneys  in 
a  separate  fund  to  be  known  as  the  "Pharmacy  Fund".  Such  fund  shall 
be  kept  separate  and  apart  from  all  other  moneys  in  the  treasury,  and 
shall  be  paid  out  only  for  the  purposes  hereof.  All  moneys  in  the  fund  are 
hereby  specifically  appropriated  for  the  use  of  the  commission.  Under  no 
circumstances  shall  the  total  amount  of  payments  made  hereunder  exceed 
the  amount  of  moneys  collected  under  the  provisions  of  this  chapter. 

83:3  Employees.  Amend  RSA  318:9  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  318:9  Clerical  and  Inspectional 
Services.  The  commission  may  employ  such  clerical  assistance  and  obtain 
such  inspectional  services  as  may  in  their  judgment  be  deemed  necessary, 
subject  to  the  approval  of  the  governor  and  council,  and  payment  there- 
for shall  be  made  from  the  pharmacy  fund. 

83:4  Examinations.  Amend  RSA  318:24  by  striking  out  the  word 
"ten"  in  the  second  and  fourth  lines  and  inserting  in  place  thereof  the 
word,  twenty-five,  so  that  said  section  as  amended  shall  read  as  follows: 
318:24  Fees.  Each  applicant  for  a  registered  pharmacist's  certificate  shall 
pay  an  examination  fee  of  twenty-five  dollars.  Applicants  for  reciprocal 
registration  as  registered  pharmacists,  in  addition  to  the  fee  covering  costs 
of  investigation,  shall  pay  a  fee  of  twenty-five  dollars. 

83:5  Fee  Increased.  Amend  RSA  318:25  (supp)  as  amended  by  1955, 
241:3  by  striking  out  the  word  "four"  in  the  fourth  line  and  inserting  in 
place  thereof  the  word,  ten,  so  that  said  section  as  amended  shall  read  as 
follows:  318:25  Re-registration.  Every  registered  pharmacist  and  holder 
of  reciprocity  certificate  who  desires  to  continue  the  business  of  apothe- 
cary and  druggist  shall  re-register,  annually  as  of  January  first  and  shall 
pay  a  fee  of  ten  dollars.  When  making  application  for  such  re-registration 
the  applicant  shall  give  his  place  of  residence  and  employment,  whether 


72  Chapter  84  [1963 

as  proprietor  or  employee,  and  any  change  of  location  or  employment 
shall  be  reported  to  the  secretary  of  the  board  within  fifteen  days. 

83:6  Pharmacy.  Amend  RSA  318:38  (supp)  as  amended  by  1955, 
241:4  by  striking  out  the  word  "seven"  in  the  eighth  line  and  inserting  in 
place  thereof  the  word,  twenty-five,  so  that  said  section  as  amended  shall 
read  as  follows:  318:38  Permit;  Fee.  The  board  shall  upon  application 
issue  a  permit  to  maintain  a  store  for  the  sale  at  retail  of  drugs  and  medi- 
cines to  such  persons,  firms,  or  corporations  as  they  may  deem  to  be  quali- 
fied to  conduct  such  a  store,  such  permit  to  be  known  as  a  retail  drug 
store  permit,  for  the  compounding  of  medicines  upon  physicians'  pre- 
scriptions and  for  the  manufacture,  sale,  and  distribution  of  drugs,  medi- 
cines, and  poisons,  such  place  of  business  to  be  under  the  direct  super- 
vision of  a  registered  pharmacist.  The  fee  for  such  permit  shall  be 
twenty-five  dollars.  The  holder  of  a  retail  drug  store  permit  may  keep  his 
store  open  at  all  hours  for  the  sale  of  drugs  and  medicines.  The  permit 
shall  expire  on  January  first  following  the  date  of  issue. 

83:7  Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  May  17,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  84. 

AN  ACT  RELATIVE  TO  OUTSTANDING  STATE  CHECKS. 

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

84:1  State  Treasurer.  Amend  RSA  6  by  inserting  after  section  10 
the  following  new  sections: 

6:10-a  Checks  to  be  Void.  The  state  treasurer  is  authorized  and  di- 
rected to  cancel  of  record,  and  refuse  to  honor,  all  state  checks,  except 
those  drawn  on  special  funds  created  under  RSA  282,  which  have  not 
been  presented  for  payment  within  six  years  from  the  date  of  issue. 

6:10-b  Disposition  of  Funds.  All  state  funds  held  on  deposit  for 
the  payment  of  such  checks  shall,  upon  cancellation  of  the  record  of  the 
checks  by  the  treasurer,  be  credited  to  the  general  fund. 

6:10-c  Payment.  Upon  the  application  of  the  person  entitled  there- 
to, the  state  treasurer,  with  the  approval  of  the  governor  and  council, 
shall  pay  to  such  person,  out  of  any  funds  in  the  treasury  not  otherwise 
appropriated,  the  sum  represented  by  any  such  check. 


1963]  Chapter  85  73 

84:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  17,(1963.] 
[Effective  date  July  16,  1963.] 


CHAPTER  85. 

AN  ACT  RELATIVE  TO  TAXATION  OF  PROPERTY  MOVED  INTO  TOWN  AFTER 

APRIL  FIRST. 

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

85:1  Taxation.  Amend  RSA  73:5  by  striking  out  the  whole  thereof 
and  inserting  in  place  thereof  the  following:  73:5  Later  Taxation.  When- 
ever a  person,  firm  or  corporation,  after  April  first  and  before  the  follow- 
ing January  first  brings  into  any  town,  city  or  unincorporated  place,  an 
inventory  of  goods  commonly  known  as  stock  in  trade,  whether  it  be  a 
merchant  or  a  manufacturer,  or  any  road  building,  or  repairing  machin- 
ery, construction  machinery,  well-drilling  machinery,  derricks  or  stone 
crushers,  upon  which  a  tax  has  not  been  assessed  elsewhere  in  the  state 
for  that  year,  and  uses  such  property  in  conducting  a  business  or  leases  or 
rents  such  equipment  or  uses  it  in  performing  any  work  for  hire,  he  or  it 
shall  be  taxed  upon  such  property  in  such  place  as  in  the  cases  of  persons 
or  property  who  have  escaped  taxation. 

85:2   Takes  Effect.   This  act  shall  take  effect  April  1,  1964. 
[Approved  May  17,  1963.] 
[Effective  date  April  1,  1964.] 


CHAPTER  86. 

AN  ACT  PROVIDING  A  PENALTY  FOR  FALSELY  REPORTING  A  BOMB  SCARE. 

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

86:1  Explosive.  Amend  RSA  572:49  (supp)  as  inserted  by  1955, 
116:1  by  striking  out  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 572:49  False  Reports  of  Crime.  Whoever,  knowing  the  same  to  be 
false,  makes  or  causes  to  be  made  a  false  alarm  or  a  false  report  of  crime 
or  that  an  explosive  or  other  dangerous  substance  threatens  the  safety  of 


74  Chapter  87  [1963 

any  person,  persons  or  property,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  or  imprisoned  for  not  more  than  six  months. 

86:2   Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  17,  1963.] 
[Effective  date  July  il6,  1963.] 


CHAPTER  87. 

AN  ACT  RELATIVE  TO  INVESTMENT  OF  SCHOOL  DISTRICT  FUNDS. 

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

87:1    School  District  Funds.   Amend  RSA  197  by  inserting  after  sec- 
tion 23  the  following  new  section:    197:23-a    Treasurer's  Duties.    The 

treasurer  shall  have  custody  of  all  moneys  belonging  to  the  district,  and 
shall  pay  out  the  same  only  upon  order  of  the  school  board.  He  shall  de- 
posit the  same  in  solvent  banks  in  the  state,  except  that  funds  may  be 
deposited  in  banks  outside  the  state  if  such  banks  pledge  and  deliver  to 
the  state  treasurer  as  collateral  security  for  such  deposits  United  States 
government  obligations  in  value  at  least  equal  to  the  amount  of  the  de- 
posit in  each  case.  The  amount  of  collected  funds  on  deposit  in  any  one 
bank  shall  not  at  any  time  exceed  the  sum  of  its  paid  up  capital  and  sur- 
plus. The  treasurer  shall  keep  in  suitable  books  a  fair  and  correct  account 
of  all  sums  received  into  and  paid  from  the  district  treasury,  and  of  all 
bonds  and  notes  given  by  the  district,  with  the  particulars  thereof.  At  the 
close  of  each  fiscal  year  he  shall  make  a  report  to  the  district,  giving  a 
particular  account  of  all  his  financial  transactions  during  the  year.  He 
shall  furnish  to  the  school  board  statements  from  his  books,  and  submit 
his  books  and  vouchers  to  them  and  to  the  auditors  for  examination  when- 
ever so  required.  Whenever  the  treasurer  has  in  his  custody  an  excess  of 
funds  which  are  not  immediately  needed  for  the  purpose  of  expenditure, 
he  may,  with  the  appproval  of  the  school  board,  invest  the  same  in  short 
term  obligations  of  the  United  States. 

87:2   Repeal.    RSA  197:23,  relative  to  treasurer  of  school  district,  is 
hereby  repealed. 

87:3   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  17,  1963.] 
[Effective  date  July  16,  1963.] 


1963]  Chapter  88  75 

CHAPTER  88. 

AN  ACT  RELATING  TO  FISHING  WITHOUT  LICENSE  BY  PATIENTS  AT  VETERANS 
HOSPITALS  AND  INMATES  OF  CERTAIN  INSTITUTIONS. 

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

88:1  Fishing  Licenses.  Amend  RSA  214:14  by  striking  out  the  words 
"special  services  officer"  and  inserting  in  place  thereof  the  words,  recrea- 
tion supervisor  or  his  designate,  so  that  said  section  as  amended  shall  read 
as  follows:  214:14  Patients  at  Veterans  Hospitals.  Patients  of  the  vet- 
erans hospitals  at  White  River  Junction,  Vermont  and  Manchester,  New 
Hampshire,  may  fish  without  a  license  on  a  special  daily  permit  issued  by 
the  doctor  in  charge,  when  such  form  of  recreation  may  be  of  therapeutic 
benefit  to  such  patients.  Patients  fishing  under  the  provisions  of  this  sec- 
tion shall  be  under  the  direct  supervision  of  the  recreation  supervisor  or 
his  designate  of  said  hospitals.  The  director  shall  furnish  permit  forms 
to  said  hospitals  at  their  request,  to  be  filled  out  when  used,  and  returned 
to  the  director  at  the  end  of  each  month. 

88:2  Special  Permits.  Amend  RSA  214  by  inserting  after  section  14 
the  following  ne^v  section:  214:14-a  Special  Provisions.  Inmates  at  the 
Laconia  State  School,  the  New  Hampshire  Hospital  in  Concord  and  the 
Soldiers  Home  in  Tilton  may  fish  without  a  license  on  a  special  daily 
permit  issued  by  the  suiperintendent  of  any  such  institution  when  such 
form  of  recreation  may  be  of  therapeutic  benefit  to  such  inmates.  The 
determination  of  benefit  to  said  inmates  shall  be  made  upon  recommenda- 
tion of  a  director  in  charge  at  the  institution.  Inmates  fishing  under  the 
provisions  of  this  section  shall  be  under  the  direct  supervision  of  an  em- 
ployee of  said  institution.  The  fish  and  game  director  shall  furnish  permit 
forms  to  such  institutions  at  their  request  to  be  filled  out  when  used  and 
returned  to  the  director  at  the  end  of  the  month. 

88:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  17,  1963.] 
[Effective  date  July  16,  1963.] 


CHAPTER  89. 

AN  ACT  RELATING  TO  LIENS  OF  ATTORNEYS. 

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

89:1    Lien  Created.    Amend  RSA  311  by  inserting  after  section  12 
thereof  the  following^  new  section:    311:13    Lien  on  Verdict.    From  the 


76  Chapter  90  [1963 

commencement  of  an  action,  bill  in  equity  or  other  proceeding  in  any 
court,  the  filing  of  a  counterclaim  or  plea  in  set-off  or  recoupment,  or 
appearance  in  any  proceeding  before  any  state  or  federal  department 
board  or  commission,  the  attorney  who  appears  for  a  client  in  such  pro- 
ceeding shall  have  a  lien  for  his  reasonable  fees  and  expenses  upon  his 
client's  cause  of  action,  upon  the  judgment  decree  or  other  order  in  his 
client's  favor  entered  or  made  in  such  proceeding,  and  upon  the  proceeds 
derived  therefrom,  and  the  lien  cannot  be  affected  by  any  settlement  be- 
tween the  parties  before  or  after  judgment  decree  or  other  order.  Upon 
the  request  of  the  client  or  the  attorney,  the  court  in  which  the  proceed- 
ing is  pending,  or  if  the  proceeding  is  not  pending  in  a  court,  the  superior 
court,  may  determine  and  enforce  the  lien;  provided  that  this  section 
shall  not  apply  to  matters  arising  under  RSA  282  (supp)  and  any  case 
where  the  method  of  determination  of  attorneys'  fees  is  otherwise  ex- 
pressly provided  by  statute. 

89:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  23,  1963.] 
[Effective  date  May  23,  1963.] 


CHAPTER  90. 

AN  ACT  AUTHORIZING  TOWNS  AND  CITIES  TO  PROVIDE  LIFE  AND  HEALTH 
INSURANCE   FOR  THEIR  EMPLOYEES. 

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

90:1  Town  Appropriations.  Amend  RSA  31:4  by  inserting  after 
paragraph  XXXVII,  as  inserted  by  1961,  168:1  the  following  new  para- 
graph: XXXVIII.  Life  and  Health  Insurance.  To  provide  group  plan 
life,  accident,  medical,  surgical  and  hospitalization  insurance  benefits, 
or  any  combinations  of  such  benefits,  for  all  regular  employees  of  the 
town  and  their  dependents.  The  cost  may  be  paid  wholly  or  partly  by 
the  town. 

90:2  Cities.  Amend  RSA  47  by  inserting  after  section  42  the  follow- 
ing new  section:  47:12-a  Life  and  Health  Insurance.  The  city  councils 
may  appropriate  money  to  provide,  wholly  or  in  part,  group  plan  life, 
accident,  medical,  surgical  and  hospitalization  insurance  benefits,  or  any 
combinations  of  such  benefits,  for  all  regular  employees  of  the  city  and 
their  dependents.  Any  provision  in  a  city  charter  inconsistent  with  the 
provisions  of  this  section  shall  be  repealed  to  the  extent  of  such  incon- 
sistency. 


1963]  Chapter  91  77 

90:3  Power  of  Towns.  Amend  RSA  31  by  inserting  after  section  9 
the  following  new  section:  31:9-a  Sponsoring  Certain  Benefits.  A  town 
may  at  any  legal  meeting  vote  to  sponsor  a  group  life,  accident,  medical, 
surgical  and  hospitalization  insurance  benefit  or  any  combination  of  such 
benefits  for  regular  employees  of  the  town  and  their  dependents  imder 
which  plan  said  employees  agree  to  pay  the  premiums.  In  such  case  the 
town  treasurer  is  authorized  to  withhold  from  the  compensation  of  such 
employees  who  agree  to  such  plan  the  amount  of  the  premiums  and  pay 
over  the  same  to  the  company  furnishing  such  benefits. 

90:4  Village  Precinct  of  Hanover;  Additional  Powers.  Amend  chap- 
ter 225  of  the  Laws  of  1901  by  inserting  after  section  15  the  following  new 
section:  Sect.  15-a.  In  addition  to  any  other  powers  heretofore  granted 
the  village  precinct  of  Hanover  shall  have  all  the  powers  conferred  upon 
towns  by  paragraph  XXXVIII  of  RSA  3 1 :4  and  by  RSA  3 1 :9-a. 

90:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  91. 

AN  ACT  IN  FAVOR  OF  CERTAIN  AGENTS  OF  THE  FISH  AND  GAME  DEPARTMENT. 

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

91:1  Clam  Licenses.  There  is  hereby  appropriated  the  sum  of  seven 
hundred  forty-five  dollars,  to  compensate  agents  authorized  to  issue  clam 
licenses,  for  licenses  issued  by  them  during  the  period  January  1,  1960 
through  June  30,  19G1,  for  which  such  agents  were  not  compensated. 
The  director  shall  examine  his  records  to  determine  the  number  of  li- 
censes issued  without  compensation  by  such  agents,  and  remit  to  each 
agent  the  sum  of  twenty  cents  for  each  license  which  such  agent  issued 
without  compensation  during  said  period.  To  the  extent  that  the  funds 
therein  are  sufficient,  such  remittances  shall  be  paid  from  the  separate 
account  for  the  taking  of  clams  established  by  RSA  211:59;  and  any  bal- 
ance required  to  make  the  remittances  herein  directed  shall  be  a  charge 
upon  the  fish  and  game  fund  established  by  RSA  206:33. 

91:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  24,  1963.] 
[Effective  date  May  24,  1963.] 


78  Chapter  92  [1963 

CHAPTER  92. 

AN  ACT  RELATIVE  TO  ICE  FISHING. 

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

92:1  Placing  of  Bob  Houses.  Amend  RSA  211:17-a  (supp)  as  in- 
serted by  1957,  82:1,  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  21I:17-a  Bob  Houses,  (il)  Any  person  owning  or 
placing  a  smelt  shanty  or  bob  house  on  the  ice  for  the  purpose  of  ice  fish- 
ing shall  mark  clearly  on  the  outside  of  the  door  of  said  structure  the 
owner's  name  and  address.  Any  person  who  shall  violate  the  provisions 
of  this  paragraph  shall  be  fined  not  more  than  twenty-five  dollars,  and  his 
hunting  and  fishing  privileges  may  be  suspended  for  a  period  of  thirty 
days.  (2)  Any  owner  of  a  smelt  shanty  or  bob  house  who  shall  allow  said 
structure  to  remain  on  the  property  of  another  person  for  more  than 
thirty  days  after  ice  out  state-wide,  or  thirty  days  after  April  first  without 
first  obtaining  written  permission  to  do  so,  shall  be  fined  not  more  than 
twenty  five  dollars,  and  the  fish  and  game  department  may  claim  such 
property  and  contents  thereof  and  sell  at  a  public  auction  to  be  held  at 
the  discretion  of  the  director,  or,  if  of  no  value  and  the  owner  cannot 
be  apprehended,  said  structure  and  its  contents  may  be  destroyed,  (3)  No 
person  owning  or  placing  a  smelt  shanty  or  bob  house  on  the  ice  for  the 
purpose  of  ice  fishing  shall  cause  or  allow  the  same  to  be  burned  thereon. 

92:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  93. 


AN  ACT  RELATIVE  TO  THE  APPOINTMENT  OF  A  DEPUTY  TREASURER  FOR  THE 
COUNTY  OF  ROCKINGHAM. 

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

93:1  Rockingham  County.  Amend  RSA  29  by  inserting  at  the  end 
of  said  chapter  the  following  new  section:  29:15  Deputy  Treasurer.  On 
or  before  June  first,  annually,  the  superior  court  acting  as  a  body  shall 
appoint  a  deputy  treasurer  for  the  county  of  Rockingham.  Said  deputy 
treasurer  shall  serve  only  during  the  absence  of  the  county  treasurer.  The 
compensation  of  the  deputy  treasurer  shall  be  five  dollars  for  each  day 


1963]  Chapter  94  79 

he  is  engaged  in  his  official  duties  hereunder  and  said  compensation  shall 
be  paid  by  the  county  of  Rockingham. 

93:2  Takes  Effect.  This  act  shall  take  effect  as  of  March  15,  1963. 

[Approved  May  24,  1963.] 
[Effective  date  March  15,  1963.] 


CHAPTER  94. 


AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  ROCKINGHAM  COUNTY 
COMMISSIONERS. 

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

94:1  Rockingham  County.  Amend  RSA  28:28  (supp)  as  amended  by 
1955,  247:4;  269:1,  1957,  182:il;  246:1,  1961,  80:1;  157:1  and  210:1  by 
striking  out  the  words  "In  Rockingham,  twenty-five  hundred"  and  insert- 
ing in  place  thereof  the  words.  In  Rockingham,  three  thousand,  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,  three  thousand  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. 

94:2   Takes  Effect.   This  act  shall  take  effect  January  1,  1964. 

[Approved  May  24,  1963.] 
[Effective  date  January  1,  1964.] 


80  Chapter  95  [1963 

CHAPTER  95. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  ROCKINGHAM  COUNTY  ATTORNEY. 

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

95:1  County  Attorney.  Amend  RSA  7:35  (supp)  as  amended  by 
1955,  247:2,  1957,  34:1,  211:1,  263:1,  il959,  6:1,  1961,  107:1  and  1961, 
208:1  by  striking  out  the  words  "In  Rockingham,  twenty-two  hundred 
dollars"  and  inserting  in  place  thereof  the  words.  In  Rockingham,  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,  three  thousand  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. 

95:2  Takes  Effect.  This  act  shall  take  effect  as  of  January  1,  1964. 

[Approved  May  24,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  96. 

AN  ACT  RELATIVE  TO  THE  PRESERVATION  OF  WOODEN  COVERED  BRIDGES. 

Whereas,  wooden  covered  bridges  are  of  certain  historical  interest 
and  attract  visitors  to  New  Hampshire,  and 

Whereas,  it  is  desirable  to  retain  the  remaining  wooden  covered 
bridges,  and 

Whereas,  state  aid  is  available  for  the  rehabilitation  of  wooden  cov- 
ered bridges  under  the  provisions  of  RSA  243,  now  therefore 

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

96:1  Hearing.  In  the  event  that  the  demolishing  of  a  wooden  covered 
bridge  is  being  considered,  the  officials  responsible  for  such  bridge  shall 
provide  for  a  public  hearing  by  the  state  historical  commission  where  all 


1963]  Chapter  97  81 

facts  pertaining  to  the  preservation  or  demolition  of  such  bridge  may  be 
presented. 

96:2  Notice  of  Hearing.  The  notice  of  the  public  hearing  shall  be 
posted  fourteen  days  in  advance  of  said  hearing  and  shall  be  advertised 
in  a  newspaper  of  general  circulation  in  the  area  in  which  the  bridge  is 
located. 

96:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  97. 

AN  ACT  RELATIVE  TO  DEBT  SERVICE  FOR  THE  EASTERN  NEW  HAMPSHIRE 

TURNPIKE. 

Whereas,  Thirty-three  thousand  seven  hundred  eighteen  dollars  and 
twenty-one  cents  has  been  transferred  from  the  highway  fund  to  the 
Eastern  New  Hampshire  turnpike  sinking  fund  in  accordance  with  the 
footnote  to  the  Spaulding  turnpike  budget  in  1961,  224:1  which  stated: 
"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"  and 

Whereas,  there  were  sufficient  excess  revenues  from  the  Blue  Star 
memorial  highway  section  of  the  Eastern  New  Hampshire  turnpike  to 
pay  the  deficit  in  debt  service,  now  therefore 

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

97:1  Transfer  of  Funds.  The  sum  of  thirty-three  thousand  seven 
hundred  eighteen  dollars  and  twenty-one  cents  shall  be  transferred  from 
the  Eastern  New  Hampshire  turnpike  sinking  fund  to  the  highway  fund. 

97:2  Repeal.  Under  paragraph  entitled:  'Tor  Eastern  New  Hamp- 
shire turnpike"  inil961,  225:1  the  first  footnote  under  Blue  Star  memorial 
highw^ay  and  the  first  footnote  under  Spaulding  turnpike,  relative  to  debt 
service,  are  hereby  repealed. 

97:3  Eastern  New  Hampshire  Turnpike.  Amend  RSA  256  by  in- 
serting after  section  8  the  following  new  section:  256: 8-a  Tolls.  Tolls  or 
charges  collected  for  use  of  any  section  of  the  Eastern  New  Hampshire 
turnpike,  including  the  so-called  Blue  Star  memorial  highway  and  the 
so-called  Spaulding  highway,  shall  be  kept  in  one  account  by  the  state 


82  Chapter  98  [1963 

treasurer  to  be  known  as  the  Eastern  New  Hampshire  turnpike  fund. 
Payments  therefrom  shall  be  made  as  provided  in  RSA  256:8. 

97:4  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 

[Approved  May  24,  1963.] 
[Effective  date  May  24,  1963.] 


CHAPTER  98. 

AN  ACT  RELATIVE  TO  LIMITATION  OF  RECOVERY  OF  DAMAGES  FOR 
WRONGFUL  DEATH. 

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

98:1  Damages  for  Wrongful  Death.  Amend  RSA  556:13  (supp)  as 
amended  by  1957,  91:1  by  striking  out  the  word  "ten"  in  the  second  line 
and  inserting  in  place  thereof  the  word,  twenty;  further  amend  said  sec- 
tion by  striking  out  the  words  "twenty-five"  in  the  fifth  line  and  inserting 
in  place  thereof  the  word,  forty;  and  further  amend  said  section  by  adding 
at  the  end  thereof  the  words,  provided,  however,  that  in  the  trial  of  any 
such  action  by  jury,  the  jury  shall  not  be  informed  of  the  limitation  of 
recovery  imposed  by  this  section,  and  if  the  jury  award  damages  in  excess 
of  such  limitation  the  court  shall  reduce  the  amount  of  damages  awarded 
to  conform  to  such  limitation,  so  that  said  section  as  amended  shall  read 
as  follows:  556:13  —  Limitation  of  Recovery.  The  damages  recoverable 
in  any  such  action  shall  not  exceed  twenty  thousand  dollars,  except  in 
cases  where  the  plaintiff's  decedent  has  left  either  a  widow,  widower,  or 
minor  children  or  a  dependent  father  or  mother,  when  the  damages  re- 
coverable shall  not  exceed  forty  thousand  dollars;  provided,  however, 
that  in  the  trial  of  any  such  action  by  jury,  the  jury  shall  not  be  informed 
of  the  limitation  of  recovery  imposed  by  this  section,  and  if  the  jury  award 
damages  in  excess  of  such  limitation  the  court  shall  reduce  the  amount  of 
damages  awarded  to  conform  to  such  limitation. 

98:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage, but  shall  not  be  applicable  with  respect  to  deaths  occurring  prior  to 
its  effective  date. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


1963]  Chapter  99  83 

CHAPTER  99. 

AN  ACT  RELATING  TO  GROUP  LIFE  INSURANCE. 

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

99:1  Public  Employees  Associations.  Amend  RSA  408  by  inserting 
after  paragraph  (6)  of  section  15  thereof  the  following  new  paragraph: 
(7)  A  policy  issued  to  an  association  of  public  employees  formed  for  pur- 
poses other  than  obtaining  insurance  and  having,  when  the  policy  is 
placed  in  force,  a  membership  in  the  classes  eligible  for  insurance  of  not 
less  than  seventy-five  per  cent  of  the  number  of  employees  eligible  for 
membership  in  such  classes,  which  association  shall  be  deemed  the  policy- 
holder, to  insure  members  of  such  association  for  the  benefit  of  persons 
other  than  the  association  or  any  of  its  officials,  subject  to  the  following 
requirements: 

(a)  The  persons  eligible  for  insurance  under  the  policy  shall  be  all 
of  the  members  of  the  association,  or  all  of  any  class  or  classes  thereof  de- 
termined by  conditions  pertaining  to  their  employment,  or  to  membership 
in  the  association,  or  both. 

(b)  The  premium  for  the  policy  shall  be  paid  by  the  policyholder, 
either  from  the  association's  own  funds,  or  charges  collected  from  the 
insured  members  specifically  for  insurance,  or  from  both.  No  policy  may 
be  placed  in  force  unless  and  until  at  least  seventy-five  per  cent  of  the 
then  eligible  members  of  the  association,  excluding  any  as  to  whom  evi- 
dence of  individual  insurability  is  not  satisfactory  to  the  insurer,  have 
elected  to  be  covered. 

(c)  The  policy  must  cover  at  least  twenty-five  persons  at  date  of  issue. 

(d)  The  amounts  of  insurance  under  the  policy  must  be  based  upon 
some  plan  precluding  individual  selection  by  the  members  and  shall  in 
no  event  exceed  three  thousand  dollars. 

(e)  As  used  herein,  "public  employees"  means  employees  of  the 
United  States  government,  or  of  any  state,  county,  municipality,  or  politi- 
cal subdivision  or  instrumentality  of  any  of  them. 

99:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


84  Chapter  100  [1963 

CHAPTER  100. 

AN  ACT  PROVIDING  FOR  RECOMPILATION  OF  VOLUME  2  OF  THE 
REVISED  STATUTES  ANNOTATED. 

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

100:1  Revised  Statutes  Annotated.  The  secretary  of  state,  with  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  recompilation  of  volume  2  of  Revised  Statutes  Annotated 
into  two  volumes.  Such  recompilation  shall  include  the  editorial  prepara- 
tion, publication  and  distribution  of  said  two  volumes.  The  reprinting 
of  said  volumes  shall  follow  the  general  scheme  for  the  original  printing 
of  Revised  Statutes  Annotated.  The  provisions  of  RSA  8,  relative  to  com- 
petitive bidding  for  state  purchases,  shall  not  apply  to  the  contract  author- 
ized hereunder. 

100:2  Sales.  The  secretary  of  state,  with  the  approval  of  the  attorney 
general,  is  authorized  to  contract  with  the  publisher  of  recompiled  volume 
2  of  the  Revised  Statutes  Annotated  for  the  sale  of  replacement  volumes 
2  and  2-A  to  the  public  at  a  price  to  be  determined  by  the  secretary  of 
state. 

100:3  Distribution.  The  secretary  of  state  is  authorized  to  distribute 
official  bound  copies  of  replacement  volumes  2  and  2-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  Hampshire 
Revision  Commission,  each  justice  and  clerk  of  the  supreme  and  superior 
courts,  each  court  of  probate,  the  clerk  of  the  supreme  court  of  the  United 
States,  each  judge  of  the  circuit  court  of  the  United  States  for  this  dis- 
trict, the  district  court  of  the  United  States  for  this  district,  the  United 
States  department  of  justice,  the  Library  of  Congress,  the  New  Hamp- 
shire Historical  Society,  the  state  reporter,  a  sufficient  number  of  copies 
to  the  state  library  for  its  use  and  for  distribution  to  each  state  or  terri- 
torial library  of  the  United  States  on  an  exchange  basis,  any  state  or  ter- 
ritory 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  replacement  volumes  2  and  2-A  of  the  Revised  Statutes  An- 
notated, the  secretary  of  state,  the  state  treasurer,  the  comptroller  and 
fourteen  copies  to  the  office  of  the  attorney  general. 

100:4  Appropriation.  The  sum  of  sixteen  thousand  dollars  is  hereby 
appropriated  for  the  purposes  of  this  act.  The  governor  is  authorized  to 
draw  his  warrant  for  the  sum  hereby  appropriated,  or  so  much  thereof  as 


1963]  Chapter  101  85 

may  be  necessary  for  the  purposes  hereof,  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated. 

100:5   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  101. 

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: 

101:1  Revised  Statutes  Annotated.  The  secretary  of  state,  with  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  tlie  editorial  preparation,  publication  and  distribution  of  cumu- 
lative pocket  supplements  to  the  Revised  Statutes  Annotated  for  the 
statutes  of  a  public  and  general  nature  passed  at  the  1965  session  of  the 
general  court  and  any  special  sessions  prior  thereto.  Such  supplements 
shall  follow  the  general  scheme  used  for  the  pocket  supplements  for  the 
1955,  1957,  1959,  1961  and  1963  sessions  of  the  general  court,  in  accord- 
ance with  the  contract  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. 

101:2  Appropriation.  The  sum  of  eleven  thousand  dollars  is  hereby 
appropriated  for  the  purposes  of  this  act  relative  to  the  supplements  for 
the  1965  session  of  the  general  court  and  the  governor  is  authorized  to 
draw  his  warrant  for  said  sum,  or  so  much  thereof  as  may  be  necessary, 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

101:3  Takes  Effect.  The  provisions  of  this  act  shall  take  effect  as  of 
January  1,  1964. 

[Approved  May  24,  1963.] 
[Effective  date  January  1,  1964.] 


86  Chapter  102  [1963 

CHAPTER  102. 

AN  ACT  RELATIVE  TO  VETERINARIANS. 

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

102:1  Veterinarians.  Amend  RSA  332:2  (supp)  as  amended  by  1955, 
154:1,  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 332:2  Examiners.  There  shall  be  a  board  of  five  veterinary 
examiners,  one  of  whom  shall  be  appointed  each  year  by  the  governor, 
with  the  advice  and  consent  of  the  council,  for  a  term  of  five  years  and 
until  his  successor  is  appointed  and  qualified.  Prior  to  the  appointment 
of  a  member  of  the  board  of  veterinary  examiners,  the  governor  and 
council  shall  receive  and  consider  the  recommendations  of  the  executive 
board  of  the  New  Hampshire  Veterinary  Medical  Association  as  to  such 
appointments.  No  member  of  the  board  of  veterinary  examiners  can 
succeed  himself  on  the  board.  Vacancies  shall  be  filled  in  like  manner  for 
the  unexpired  term.  The  existing  terms  of  office  of  the  members  of  the 
board  at  the  time  of  the  passage  of  this  act  are  hereby  confirmed.  In  the 
year  1963,  there  shall  be  appointed  two  members  of  the  board  additional 
to  the  present  membership  thereof,  one  of  said  additional  members  to 
serve  for  a  term  of  four  years,  the  other  for  a  term  of  five  years.  Thereafter, 
as  the  term  of  each  member  expires,  his  successor  shall  be  appointed  for 
a  term  of  five  years. 

102:2  Compensation  of  Board.  Amend  RSA  332:5  (supp)  as  amended 
by  1955,  154:2,  by  striking  out  the  word  "fifteen"  in  the  second  line  and 
inserting  in  place  thereof  the  word,  twenty-five,  and  by  striking  out  the 
word  "seventy-five"  in  the  third  line  and  inserting  in  place  thereof  the 
words,  one  hundred,  so  that  said  section  as  amended  shall  read  as  follows: 
332:5  —  Compensation.  Each  member  of  said  board  shall  receive  twenty- 
five  dollars  a  day  for  services  rendered  and  his  actual  expenses.  The  board 
may  employ  clerical  assistance  at  a  cost  not  to  exceed  one  hundred  dollars 
a  year.  If  the  amount  received  by  the  state  treasurer  is  not  sufficient  to 
pay  for  both  services  and  expenses,  the  governor  and  council  shall  allow 
the  expenses  in  full  and  such  part  of  the  amount  due  for  services  as  the 
balance  permits. 

102:3  Remitting  Funds.  Amend  RSA  332:8  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  332:8  —  Treasurer. 
The  treasurer  shall  receive  all  moneys  paid  under  the  provisions  of  this 
chapter,  and  shall  remit  the  same  to  the  state  treasurer  on  the  first  day  of 
July  and  January.  He  shall  perform  such  other  duties  as  the  rules  and 
regulations  of  said  board  may  prescribe. 

102:4  Fee  Increased.  Amend  RSA  332:14  (supp)  as  amended  by 
1955,  154:4,  by  striking  out  the  word  "fifteen"  in  the  second  line  and  in- 
serting in  place  thereof  the  word,   twenty-five,  so  that  said  section  as 


1963] 


Chapter  103  87 


amended  shall  read  as  follows:  332:14  Fees.  A  person  applying  for  an 
examination  shall,  at  the  time  of  his  application,  pay  to  the  treasurer  of 
said  board  twenty-five  dollars.  A  person  registered  under  this  chapter, 
whether  a  graduate  or  non-graduate,  shall  annually  pay  to  the  treasurer 
of  said  board  a  license  fee  of  three  dollars. 

102:5   Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 


sage. 


[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  103. 

AN  ACT  RELATIVE  TO  RESCINDING  PROVISIONS  FOR  ADOPTION  OF 
TOWN  MANAGER  PLANS. 

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

103:1  Town  Manager  Plan.  Amend  RSA  37:15  (supp)  as  amended 
by  1957,  152:)1  by  adding  at  the  end  thereof  the  words,  provided,  however 
that  said  revocation  shall  not  be  effective  until  the  second  Tuesday  of 
April  next  succeeding  the  annual  meeting  at  which  such  action  is  taken, 
so  that  said  section  as  amended  shall  read  as  follows:  37:15  Ballot  Vote 
on  Adoption  and  Discontinuance.  Whenever  an  article  has  been  inserted 
in  the  warrant  for  the  annual  meeting  of  any  town,  village  district  or  pre- 
cinct, calling  for  consideration  of  the  question  of  adopting  the  provisions 
of  this  chapter,  the  following  question  shall  be  submitted  to  the  voters 
at  such  meeting:  "Do  you  favor  adoption  of  the  town  manager  plan  as 
provided  in  chapter  37  of  the  Revised  Statutes  Annotated?"  In  towns,  vil- 
lage districts  or  precincts  having  an  official  ballot  the  clerk  shall  cause  this 
question  to  be  printed  on  the  official  ballot  and  the  voting  on  this  ques- 
tion shall  be  taken  up  at  the  opening  of  the  polls  and  carried  on  simul- 
taneously with  the  balloting  for  town  officers.  In  towns,  village  districts 
or  precincts  which  do  not  have  an  official  ballot  the  clerk  shall  cause  to 
be  prepared  in  advance  of  such  meeting  a  printed  ballot  containing  the 
above  question  and  in  either  method  the  question  shall  be  followed  by 
the  words  "Yes"  and  "No"  with  boxes  after  each,  in  which  the  voter  may 
mark  his  choice.  Such  balloting  arrangement  shall  be  used  at  all  meetings 
voting  on  such  question  pursuant  to  sections  11  and  14  hereof.  The  polls 
shall  remain  open  for  at  least  three  hours  at  any  meeting  balloting  on 
such  question.  In  voting  on  the  question  of  revoking  the  provisions  of 
this  chapter  in  any  town,  village  district  or  precinct  pursuant  to  section 
1 3  hereof,  the  balloting  procedure  prescribed  by  this  section  shall  govern, 
except  that  the  question  appearing  on  the  printed  ballot  shall  be  as  fol- 
lows: "Do  you  favor  the  continuation  of  the  town  manager  plan  as  now 


88  Chapter  104  [1963 

in  force  in  this  town?"  If  a  majority  of  the  voters  present  and  voting  in 
a  town,  village  district  or  precinct  on  this  question  signifies  disapproval 
of  this  question  the  town  manager  plan  will  be  deemed  to  be  revoked 
therein  provided,  however  that  said  revocation  shall  not  be  effective  until 
the  second  Tuesday  of  April  next  succeeding  the  annual  meeting  at  which 
such  action  is  taken. 

103:2  Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  104. 

AN  ACT  RELATIVE  TO  RESTORATION  TO  SERVICE  UNDER  THE  TEACHERS' 
RETIREMENT  SYSTEM. 

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

104:1  Teachers'  Retirement  System.  Amend  RSA  192:7  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  192:7 
Restoration  to  Service.  If  a  disability  beneficiary  is  restored  to  service 
and  if  his  annual  earnable  compensation  then,  or  at  any  time  thereafter, 
is  equal  to  or  greater  than  his  average  final  compensation  at  retirement, 
or  if  any  other  beneficiary  is  restored  to  service,  his  retirement  allowance 
shall  cease,  he  shall  again  become  a  member  of  the  retirement  system 
and  he  shall  contribute  thereafter  at  the  rate  payable  with  respect  to  the 
same  age  which  determined  the  rate  paid  prior  to  his  retirement.  Any- 
thing herein  to  the  contrary  notwithstanding,  any  credit  for  membership 
service  and  for  any  prior  service  on  the  basis  of  which  his  creditable  serv- 
ice was  computed  at  the  time  of  his  former  retirement  shall  be  restored  to 
full  force  and  effect;  but  if  he  is  restored  to  membership  after  the  attain- 
ment of  age  fifty,  upon  subsequent  retirement  within  a  period  of  three 
years  after  such  restoration  to  membership  he  shall  receive  a  retirement 
allowance  based  on  his  service  as  a  member  since  his  last  restoration  to 
membership,  plus  a  retirement  allowance  equal  to  the  retirement  allow- 
ance to  which  he  was  entitled  at  the  time  of  such  restoration,  except  that 
the  total  retirement  allowance  upon  such  subsequent  retirement  shall 
not  be  a  greater  proportion  of  his  average  final  compensation  than  the 
proportion  to  which  he  would  have  been  entitled  had  he  remained  in 
service  during  the  period  of  his  prior  retirement. 

104:2  Takes  Eflfect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


1963]  Chapter  105  89 

CHAPTER  105. 

AN  ACT  RELATIVE  TO  PRINTING  BALLOTS. 

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

Court  convened: 

105:1  Official  Ballots.  Amend  RSA  59:6  by  inserting  at  the  end 
thereof  the  words:  The  designation  for  each  office  shall  be  printed  in  bold 
face  type,  so  that  said  section  as  amended  shall  read  as  follows:  59:6 
Designation  of  Office.  Immediately  above  the  name  of  each  candidate 
shall  be  printed  the  political  designation  of  the  office  for  which  he  is 
nominated,  as  'Tor  Governor,"  and  the  like.  The  designation  for  each 
office  shall  be  printed  in  bold  face  type. 

105:2  Questions  Submitted.  Amend  RSA  59  by  inserting  after  sec- 
tion 12  the  following  new  section:  59:12-a  Whenever  the  approval  of 
a  question  is  submitted  to  the  vote  of  the  people,  other  than  for  a  consti- 
tutional amendment,  the  question  shall  be  printed  with  a  square  and 
the  word  "yes"  beside  it  and  also  a  square  with  the  word  "no";  both  squares 
to  be  printed  after  the  question. 

105:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  May  24,  |1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  106. 

AN  ACT  ENTERING  INTO  THE  INTERSTATE  LIBRARY  COMPACT  ENACTING  THE 
SAME  INTO  LAW  AND  FOR  RELATED  PURPOSES. 

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

106:1  Interstate  Library  Compact.  Amend  RSA  by  inserting  after 
chapter  201 -A  (supp)  as  inserted  by  1963,  21:1  the  following  new  chapter: 

Chapter  201-B 

Interstate  Library  Compact 

201-B:  1  Compact  Enacted.  The  Interstate  Library  Compact  is  here- 
by enacted  into  law  and  entered  into  by  this  state  with  all  states  legally 
joining  therein  in  the  form  substantially  as  follows: 

Article  I 

Policy  and  Purpose. 

Because  the  desire  for  the  services  provided  by  libraries  transcends 
governmental  boundaries  and  can  most  effectively  be  satisfied  by  giving 


90  Chapter  106  [1963 

such  services  to  communities  and  people  regardless  of  jurisdictional  lines, 
it  is  the  policy  of  the  states  party  to  this  compact  to  cooperate  and  share 
their  responsibilities;  to  authorize  cooperation  and  sharing  with  respect 
to  those  types  of  library  facilities  and  services  which  can  be  more  econom- 
ically or  efficiently  developed  and  maintained  on  a  cooperative  basis, 
and  to  authorize  cooperation  and  sharing  among  localities,  states  and 
others  in  providing  joint  or  cooperative  library  services  in  areas  where 
the  distribution  of  population  or  of  existing  and  potential  library  re- 
sources make  the  provision  of  library  service  on  an  interstate  basis  the 
most  effective  way  of  providing  adequate  and  efficient  service. 

Article  II 

Definitions. 

As  used  in  this  compact: 

(a)  "Public  library  agency"  means  any  unit  or  agency  of  local  or 
state  government  operating  or  having  power  to  operate  a  library. 

(b)  "Private  library  agency"  means  any  non-governmental  entity 
which  operates  or  assumes  a  legal  obligation  to  operate  a  library. 

(c)  "Library  agreement"  means  a  contract  establishing  an  interstate 
library  district  pursuant  to  this  compact  or  providing  for  the  joint  or 
cooperative  furnishing  of  library  services. 

Article  HI 
Interstate  Library  Districts. 

(a)  Any  one  or  more  public  library  agencies  in  a  party  state  in  co- 
operation with  any  public  library  agency  or  agencies  in  one  or  more  other 
party  states  may  establish  and  maintain  an  interstate  library  district.  Sub- 
ject to  the  provisions  of  this  compact  and  any  other  laws  of  the  party  states 
which  pursuant  hereto  remain  applicable,  such  district  may  establish, 
maintain  and  operate  some  or  all  of  the  library  facilities  and  services  for 
the  area  concerned  in  accordance  with  the  terms  of  a  library  agreement 
therefor.  Any  private  library  agency  or  agencies  within  an  interstate 
library  district  may  cooperate  therewith,  assume  duties,  responsibilities 
and  obligations  thereto,  and  receive  benefits  therefrom  as  provided  in  any 
library  agreement  to  which  such  agency  or  agencies  become  party. 

(b)  Within  an  interstate  library  district,  and  as  provided  by  a  li- 
brary agreement,  the  performance  of  library  functions  may  be  under- 
taken on  a  joint  or  cooperative  basis  or  may  be  undertaken  by  means  of 
one  or  more  arrangements  between  or  among  public  or  private  library 
agencies  for  the  extension  of  library  privileges  to  the  use  of  facilities  or 
services  operated  or  rendered  by  one  or  more  of  the  individual  library 
agencies. 


1963]  Chapter  106  91 

(c)  If  a  library  agreement  provides  for  joint  establishment,  main- 
tenance or  operation  of  library  facilities  or  services  by  an  interstate  li- 
brary district,  such  district  shall  have  power  to  do  any  one  or  more  of 
the  following  in  accordance  with  such  library  agreement: 

1.  Undertake,  administer  and  participate  in  programs  or  arrange- 
ments for  securing,  lending  or  servicing  of  books  and  other  publications, 
any  other  materials  suitable  to  be  kept  or  made  available  by  libraries, 
-library  equipment  or  for  the  dissemination  of  information  about  libraries, 
the  value  and  significance  of  particular  items  therein,  and  the  use  thereof. 

2.  Accept  for  any  of  its  purposes  under  this  compact  any  and  all 
donations,  and  grants  of  money,  equipment,  supplies,  materials,  and 
services,  (conditional  or  otherwise),  from  any  state  or  the  United  States 
or  any  subdivision  or  agency  thereof,  or  interstate  agency,  or  from  any 
institution,  person,  firm  or  corporation,  and  receive,  utilize  and  dispose 
of  the  same. 

3.  Operate  mobile  library  units  or  equipment  for  the  purpose  of 
rendering  bookmobile  service  within  the  district. 

4.  Employ  professional,  technical,  clerical  and  other  personnel  and 
fix  terms  of  employment,  compensation  and  other  appropriate  benefits; 
and  where  desirable,  provide  for  the  in-service  training  of  such  personnel. 

5.  Sue  and  be  sued  in  any  court  of  competent  jurisdiction. 

6.  Acquire,  hold,  and  dispose  of  any  real  or  personal  property  or 
any  interest  or  interests  therein  as  may  he  appropriate  to  the  rendering 
of  library  service. 

7.  Construct,  maintain  and  operate  a  library,  including  any  appro- 
priate branches  thereof. 

8.  Do  such  other  things  as  may  be  incidental  to  or  appropriate  for 
the  carrying  out  of  any  of  the  foregoing  powers. 

Article  IV 
Interstate  Library  Districts,  Governing  Board 

(a)  An  interstate  library  district  which  establishes,  maintains  or 
operates  any  facilities  or  services  in  its  own  right  shall  have  a  governing 
board  Avhich  shall  direct  the  affairs  of  the  district  and  act  for  it  in  all 
matters  relating  to  its  business.  Each  participating  public  library  agency 
in  the  district  shall  be  represented  on  the  governing  board  which  shall 
be  organized  and  conduct  its  business  in  accordance  with  provision  there- 
for in  the  library  agreement.  But  in  no  event  shall  a  governing  board 
meet  less  often  than  twice  a  year. 

(b)  Any  private  library  agency  or  agencies  party  to  a  library  agree- 
ment establishing  an  interstate  library  district  may  be  represented  on  or 


92  Chapter  106  [1963 

advise  with  the  governing  board  of  the  district  in  such  manner  as  the 
library  agreement  may  provide. 

Article  V 

State  Library  Agency  Cooperation 

Any  two  or  more  state  library  agencies  of  two  or  more  of  the  party 
states  may  undertake  and  conduct  joint  or  cooperative  library  programs, 
render  joint  or  cooperative  library  services,  and  enter  into  and  perform 
arrangements  for  the  cooperative  or  joint  acquisition,  use,  housing  and 
disposition  of  items  or  collections  of  materials  which,  by  reason  of  ex- 
pense, rarity,  specialized  nature,  or  infrequency  of  demand  therefor  would 
be  appropriate  for  central  collection  and  shared  use.  Any  such  programs, 
services  or  arrangements  may  include  provision  for  the  exercise  on  a  co- 
operative or  joint  basis  of  any  power  exercisable  by  an  interstate  library 
district  and  an  agreement  embodying  any  such  program,  service  or  ar- 
rangement shall  contain  provisions  covering  the  subjects  detailed  in 
Article  VI  of  this  compact  for  interstate  library  agreements. 

Article  VI 
Library  Agreements 

(a)  In  order  to  provide  for  any  joint  or  cooperative  undertaking 
pursuant  to  this  compact,  public  and  private  library  agencies  may  enter 
into  library  agreements.  Any  agreement  executed  pursuant  to  the  provi- 
sions of  this  compact  shall,  as  among  the  parties  to  the  agreement: 

1.  Detail  the  specific  nature  of  the  services,  programs,  facilities, 
arrangements  or  properties  to  which  it  is  applicable. 

2.  Provide  for  the  allocation  of  costs  and  other  financial  responsi- 
bilities. 

3.  Specify  the  respective  rights,  duties,  obligations  and  liabilities  of 
the  parties. 

4.  Set  forth  the  terms  and  conditions  for  duration,  renewal,  termina- 
tion, abrogation,  disposal  of  joint  or  common  property,  if  any,  and  all 
other  matters  which  may  be  appropriate  to  the  proper  effectuation  and 
performance  of  the  agreement. 

(b)  No  public  or  private  library  agency  shall  undertake  to  exercise 
itself,  or  jointly  with  any  other  library  agency,  by  means  of  a  library  agree- 
ment any  power  prohibited  to  such  agency  by  the  constitution  or  statutes 
of  its  state. 

(c)  No  library  agreement  shall  become  effective  until  filed  with  the 
compact  administrator  of  each  state  involved,  and  approved  in  accordance 
with  Article  VII  of  this  compact. 


1963]  Chapter  106  93 

Article  VII 
Approval  of  Library  Agreements 

(a)  Every  library  agreement  made  pursuant  to  this  compact  shall, 
prior  to  and  as  a  condition  precedent  to  its  entry  into  force,  be  submitted 
to  the  attorney  general  of  each  state  in  which  a  public  library  agency 
party  thereto  is  situated,  who  shall  determine  whether  the  agreement  is 
in  proper  form  and  compatible  with  the  laws  of  his  state.  The  attorneys 
general  shall  approve  any  agreement  submitted  to  them  unless  they  shall 
find  that  it  does  not  meet  the  conditions  set  forth  herein  and  shall  detail 
in  writing  addressed  to  the  governing  bodies  of  the  public  library  agencies 
concerned  the  specific  respects  in  which  the  proposed  agreement  fails  to 
meet  the  requirements  of  law.  Failure  to  disapprove  an  agreement  sub- 
mitted hereunder  within  90  days  of  its  submission  shall  constitute  ap- 
proval thereof. 

(b)  In  the  event  that  a  library  agreement  made  pursuant  to  this 
compact  shall  deal  in  whole  or  in  part  with  the  provision  of  services  or 
facilities  with  regard  to  which  an  officer  or  agency  of  the  state  govern- 
ment has  constitutional  or  statutory  powers  of  control,  the  agreement 
shall,  as  a  condition  precedent  to  its  entry  into  force,  be  submitted  to 
the  state  officer  or  agency  having  such  power  of  control  and  shall  be  ap- 
proved or  disapproved  by  him  or  it  as  to  all  matters  within  his  or  its  juris- 
diction in  the  same  manner  and  subject  to  the  same  requirements  govern- 
ing the  action  of  the  attorneys  general  pursuant  to  paragraph  (a)  of  this 
article.  This  requirement  of  submission  and  approval  shall  be  in  addition 
to  and  not  in  substitution  for  the  requirement  of  submission  to  and  ap- 
proval by  the  attorneys  general. 

Article  VIII 

Other  Laws  Applicable 

Nothing  in  this  compact  or  in  any  library  agreement  shall  be  con- 
strued to  supersede,  alter  or  otherwise  impair  any  obligation  imposed 
on  any  library  by  otherwise  applicable  law,  nor  to  authorize  the  transfer 
or  disposition  of  any  property  held  in  trust  by  a  library  agency  in  a  man- 
ner contrary  to  the  terms  of  such  trust. 

Article  IX 

Appropriations  and  Aid 

(a)  Any  public  library  agency  party  to  a  library  agreement  may 
appropriate  funds  to  the  interstate  library  district  established  thereby 
in  the  same  manner  and  to  the  same  extent  as  to  a  library  wholly  main- 
tained by  it  and,  subject  to  the  laws  of  the  state  in  which  such  public 
library  agency  is  situated,  may  pledge  its  credit  in  support  of  an  interstate 
library  district  established  by  the  agreement. 


94  Chapter  106  [1963 

(b)  Subject  to  the  provisions  of  the  library  agreement  pursuant  to 
which  it  functions  and  the  laws  of  the  states  in  which  such  district  is  situ- 
ated, an  interstate  library  district  may  claim  and  receive  any  state  and 
federal  aid  which  may  be  available  to  library  agencies.  _,  ,, 

Article  X 

Compact  Administrator 

Each  state  shall  designate  a  compact  administrator  with  whom  copies 
of  all  library  agreements  to  which  his  state  or  any  public  library  agency 
thereof  is  party  shall  be  filed.  The  administrator  shall  have  such  other 
powers  as  may  be  conferred  upon  him  by  the  laws  of  his  state  and  may 
consult  and  cooperate  with  the  compact  administrators  of  other  party  states 
and  take  such  steps  as  may  effectuate  the  purposes  of  this  compact.  If  the 
laws  of  a  party  state  so  provide,  such  state  may  designate  one  or  more 
deputy  compact  administrators  in  addition  to  its  compact  administrator. 

Article  XI 
Entry  Into  Force  and  Withdrawal 

(a)  This  compact  shall  enter  into  force  and  effect  immediately  upon 
its  enactment  into  law  by  any  two  states.  Thereafter,  it  shall  enter  into 
force  and  effect  as  to  any  other  state  upon  the  enactment  thereof  by  such 
state. 

(b)  This  compact  shall  continue  in  force  with  respect  to  a  party 
state  and  remain  binding  upon  such  state  until  six  months  after  such  state 
has  given  notice  to  each  other  party  state  of  the  repeal  thereof.  Such  with- 
drawal shall  not  be  construed  to  relieve  any  party  to  a  library  agreement 
entered  into  pursuant  to  this  compact  from  any  obligation  of  that  agree- 
ment prior  to  the  end  of  its  duration  as  provided  therein. 

Article  XII 

Construction  and  Severability 

This  compact  shall  be  liberally  construed  so  as  to  effectuate  the  pur- 
poses thereof.  The  provisions  of  this  compact  shall  be  severable  and  if 
any  phrase,  clause,  sentence  or  provision  of  this  compact  is  declared  to 
be  contrary  to  the  constitution  of  any  party  state  or  of  the  United  States 
or  the  applicability  thereof  to  any  government,  agency,  person  or  circum- 
stance is  held  invalid,  the  validity  of  the  remainder  of  this  compact  and 
the  applicability  thereof  to  any  government,  agency,  person  or  circum- 
stance shall  not  be  affected  thereby.  If  this  compact  shall  be  held  con- 
trary to  the  constitution  of  any  state  party  thereto,  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. 


1963]  Chapter  107  95 

201-B:2  Limitation  on  Capital  Expenditures.  No  city  or  town  of 
this  state  shall  be  party  to  a  library  agreement  which  provides  for  the 
construction  or  maintenance  of  a  library  pursuant  to  Article  III,  sub- 
division (c-7)  of  the  compact,  nor  pledge  its  credit  in  support  of  such  a 
library,  or  contribute  to  the  capital  financing  thereof,  except  after  com- 
pliance with  any  laws  applicable  to  such  cities  or  towns  relating  to  or 
governing  capital  outlays  and  the  pledging  of  credit. 

201-B:3  Definition.  As  used  in  the  compact,  "state  library  agency", 
with  reference  to  this  state,  means  the  state  library  commission. 

201-B:4  Eligibility  for  Aid.  An  interstate  library  district  lying  partly 
within  this  state  may  claim  and  be  entitled  to  receive  state  aid  in  support 
of  any  of  its  functions  to  the  same  extent  and  in  the  same  manner  as  such 
functions  are  eligible  for  support  when  carried  on  by  entities  wholly 
within  this  state.  For  the  purposes  of  computing  and  apportioning  state 
aid  to  an  interstate  library  district,  this  state  will  consider  that  portion 
of  the  area  which  lies  within  this  state  as  an  independent  entity  for  the 
performance  of  the  aided  function  or  functions  and  compute  and  appor- 
tion the  aid  accordingly.  Subject  to  any  applicable  laws  of  this  state,  such 
a  district  also  may  apply  for  and  be  entitled  to  receive  any  federal  aid  for 
which  it  may  be  eligible. 

201-B:5  Designation  of  Administrator.  The  state  librarian  shall  be 
the  compact  administrator  pursuant  to  Article  X  of  the  compact.  The 
assistant  state  librarian  shall  be  the  deputy  compact  administrator  pur- 
suant to  said  Article. 

201-B:6  Withdrawal.  In  the  event  of  withdrawal  from  the  compact 
the  state  librarian  shall  send  and  receive  any  notices  required  by  Article 
XI  (b)  of  the  compact. 

106:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  24,  1963.] 
[Effective  date  July  23,  1963.] 


CHAPTER  107. 

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: 

107:1    Additional  Allowances  for  Certain  Retired  Permanent  Police- 
men.   Any  retired  permanent  policeman  whose  retirement  benefit  under 


96  Chapter  108  [1963 

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  1964,  and  monthly  thereafter,  but  not  beyond  the  month  of 
December  1964,  receive  an  additional  monthly  retirement  allowance 
equal  to  twice  the  amount  by  which  his  regular  monthly  retirement  bene- 
fit is  less  than  one  hundred  dollars. 

107:2  Appropriation.  In  addition  to  any  other  sums  appropriated 
for  the  policemen's  retirement  system  there  is  hereby  appropriated  the 
sum  of  five  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. 

107:3   Takes  Effect.   This  act  shall  take  effect  January  1,  1964. 
[Approved  May  31,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  108. 

AN  ACT  PROVIDING  FOR  THE  CLASSIFICATION  OF  THE  WATERS  OF 
NEWFOUND  LAKE. 

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

108:1  Classification.  On  and  after  the  effective  date  of  this  act  the 
surface  waters  of  Newfound  Lake  shall  be  classified  in  accordance  with 
the  provisions  of  RSA  149,  as  amended,  as  Class  A  Waters. 

108:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  31,  1963.] 
[Effective  date  July  30,  1963.] 


CHAPTER  109. 

AN  ACT  RELATIVE  TO  ASSESSING  ABUTTERS  FOR  SIDEWALKS. 

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

109:1     Assessing  Abutters.    Amend   RSA  252:2    by  inserting  after 
the  word  "laid"  in  the  sixth  line  the  words,  said  assessments  may  be  pay- 


1963]  Chapter  110  97 

able  in  one  year  or  pro-rated  over  a  period  not  to  exceed  ten  years,  in  the 
discretion  of  the  board;  so  that  said  section  as  amended  shall  read  as  fol- 
lows: 252:2  Assessing  Abutters.  In  constructing  such  sidewalks  such 
board  may  assess  upon  the  owners  of  the  property  abutting  on  such  street 
a  portion  not  exceeding  one-half  of  the  expense  of  constructing  the  same, 
and  the  amount  so  assessed  upon  each  of  such  owners  shall  be  reasonable, 
and  proportional  to  the  benefits  accruing  to  the  land  upon  which  such 
assessment  is  laid;  said  assessments  may  be  payable  in  one  year  or  pro- 
rated over  a  period  not  to  exceed  ten  years,  in  the  discretion  of  the  board; 
and  all  assessments  thus  made  shall  be  valid  and  binding  upon  the  owners 
of  such  land,  and  shall  be  a  lien  thereon  for  one  year  after  the  same  are 
made  and  notice  given  to  the  persons  assessed,  and  said  lands  may  be  sold 
for  non-payment  thereof  as  in  the  case  of  non-payment  of  taxes  on  resi- 
dent lands.  The  landowner  shall  have  the  same  right  of  appeal,  with  the 
same  procedure,  as  in  other  highway  cases. 

109:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May31,il 963.] 
[Effective  date  July  30,  1963.] 


CHAPTER  110. 

AN  ACT  PRESCRIBING  THE  TIME  WITHIN  WHICH  CERTAIN  ARTICLES  FOR  THE 
WARRANT  ARE  TO  BE  PRESENTED. 

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

110:1    Town  Warrant.    Amend  RSA  39  by  inserting  after  section  3 
the  following  new  section:    39:3-a    Time  for  Presentation  of  Articles. 

Notwithstanding  any  provision  of  section  3,  any  article  to  be  presented 
by  petition,  for  insertion  in  the  warrant,  shall  be  presented  to  the  select- 
men or  one  of  them  at  least  thirty-five  days  before  the  day  prescribed  for 
an  annual  or  hiennial  meeting. 

110:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  31,  1963.] 
[Effective  date  July  30,  1963.] 


98  Chapter  111  [1963 

CHAPTER  111. 

AN  ACT  RELATIVE  TO  TEMPORARY  EMPLOYEES  OF  THE  DEPARTMENT  OF 
PUPLIC  WORKS  AND  HIGHWAYS. 

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

111:1  Department  of  Public  Works  and  Highways.  Amend  RSA  by 
inserting  after  RSA  98:17-a  (supp),  as  inserted  by  195.9,  238:1,  the  follow- 
ing new  section:  98:17-b  Exception.  Temporary  employees  of  the 
department  of  public  works  and  highways  whose  positions  have  been 
approved  for  continuance  for  a  period  of  more  than  one  year  as  provided 
in  this  chapter  shall  be  classified  as  permanent  employees  if  and  after 
they  shall  have  continuously  occupied  and  carried  out  the  duties  of  their 
respective  positions  for  a  period  of  two  years. 

111:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  31,  1963.] 
[Effective  date  July  30,  1963.] 


CHAPTER  112. 

AN  ACT  TO  EXEMPT  FROM  INHERITANCE  TAX  PROPERTY  PASSING  TO  AN 
ADOPTED  GRANDCHILD. 

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

112:1  Taxation  of  Legacies  and  Successions.  Amend  RSA  86:6  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
86:6  Taxable  Property  and  Tax  Rate.  All  property  within  the  jurisdic- 
tion of  the  state,  real  or  personal,  and  any  interest  therein,  belonging  to 
domiciliaries  of  the  state,  and  all  real  estate  within  the  state,  or  any  in- 
terest therein,  belonging  to  persons  who  are  not  domiciliaries  of  the  state, 
which  shall  pass  by  will,  or  by  the  laws  regulating  intestate  succession,  or 
by  deed,  grant,  bargain,  sale  or  gift,  made  in  contemplation  of  death,  or 
made  or  intended  to  take  effect  in  possession  or  enjoyment  at  or  after 
the  death  of  the  grantor  or  donor,  to  any  person,  absolutely  or  in  trust, 
except  to  or  for  the  use  of  the  husband,  wife,  father,  mother,  or  lineal 
descendant,  or  for  the  care  of  cemetery  lots,  or  to  a  city  or  town  in  this 
state  for  public  municipal  purposes,  or  to  or  for  the  use  of  educational, 
religious,  cemetery,  or  other  institutions,  societies  or  associations  of  public 
charity  in  any  state,  other  than  this  state,  territory  or  country  the  laws 
of  which,  at  the  time  of  the  death  of  the  decedent,  either  (11)  do  not  im- 


1963]  Chapter  113  99 

pose  a  transfer  tax  or  death  tax  of  any  kind  or  (2)  grant  an  exemption 
similar  to  that  hereby  provided  to  the  domiciliaries  of  such  state,  territory 
or  country  in  favor  of  property  passing  to  charities  in  this  state,  shall  be 
subject  to  a  tax  of  eight  and  one-half  per  cent  of  its  value,  for  the  use 
of  the  state.  For  the  purposes  of  this  section  all  adopted  children  in  the 
decedent's  line  of  succession  shall  be  treated  as  natural  children  in  deter- 
mining "lineal  descendant". 

112:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  31,  1963.] 
[Effective  date  July  30,  1963.] 


CHAPTER  113. 

AN    ACT    RELATING    TO    DISCHARGE    OR    REMOVAL    FROM    OFFICE    OF    COUNTY 

EMPLOYEES  AND  THE  CHOOSING  OF  A  VICE-CHAIRMAN   OF  THE 

COUNTY  CONVENTION, 

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

113:1  Appeal  Provided.  Amend  RSA  28:10-a  (supp)  as  inserted  by 
1959,  295:1,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  28:10-a  Discharge  from  Employment.  Any  employee  of 
a  county  institution,  except  the  superintendent  of  the  county  farm,  who 
has  served  at  least  one  year  shall  not  be  discharged  or  removed  from  em- 
ployment except  for  dishonesty,  intoxication,  immoral  behavior  or  other 
misconduct,  neglect  of  duty  or  negligence,  wilful  insubordination  or  lack 
of  cooperation,  inefficiency,  incapacity  or  unfitness  to  perform  his  duties 
or  for  the  good  of  the  institution  to  which  he  is  assigned.  Prior  to  the  dis- 
charge or  removal  of  any  such  employee  a  statement  of  the  grounds  and 
reasons  therefor  shall  be  prepared  by  the  county  commissioners  and  signed 
by  a  majority  of  the  board  and  notice  thereof  shall  be  given  to  said  em- 
ployee not  less  than  ten  days  nor  more  than  thirty  days  prior  to  the  effec- 
tive date  of  such  discharge  or  removal.  Within  thirty  days  of  receipt  of 
such  notice  the  employee  may  request  in  writing  a  public  hearing  thereon 
before  the  county  personnel  committee,  consisting  of  the  chairman,  vice- 
chairman  and  clerk  of  the  county  convention.  If  upon  such  hearing  said 
committee  shall  find  good  cause  for  discharge  or  removal  of  said  employee 
they  shall  approve  his  discharge  or  removal  as  ordered  by  the  county 
commissioners.  Said  personnel  committee  may  establish  reasonable  rules 
for  procedure  and  the  admission  of  evidence,  and  shall  keep  a  record  of 
all  proceedings  hereunder.  Any  action  or  decision  made  hereunder  shall 
be  subject  to  rehearing  and  appeal  as  provided  in  RSA  541.  The  county 


100  Chapter  114  [1963 

personnel  committee  when  acting  under  the  provisions  of  this  section 
shall  be  deemed  a  commission  within  the  meaning  of  RSA  541:1.  The 
salary  of  said  employee  shall  terminate  on  the  effective  date  of  his  dis- 
charge, provided  however,  if  the  employee  has  been  discharged  without 
good  cause,  he  shall  be  reinstated  to  his  former  position  without  loss  of 
pay  for  the  period  of  suspension  and  shall  be  reimbursed  for  his  legal 
costs  and  reasonable  attorneys'  fees  as  determined  by  the  personnel  com- 
mittee, or  in  the  event  of  appeal  from  its  ruling,  by  the  supreme  court. 
This  section  shall  not  apply  to  county  employees  laid  off  by  reason  of 
abolition  of  a  position,  change  in  organization,  lack  of  work  or  insufficient 
funds,  nor  to  employees  of  county  jails  not  located  at  the  county  farm. 

113:2  Election.  Amend  RSA  24:2  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  24:2  Officers  and  Executive  Com- 
mittee. At  its  first  regular  meeting,  or  at  any  subsequent  meeting  when 
necessary,  the  county  convention  shall  choose  a  chairman,  vice-chairman 
and  clerk,  all  of  whom  shall  be  representatives,  and  an  executive  com- 
mittee. The  chairman,  vice-chairman  and  clerk  shall  be  members  of  the 
executive  committee,  ex  officio. 

113:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  31,  1963.] 
[Effective  date  May  31,  1963.] 


CHAPTER  114. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  THE  SPECIAL  JUSTICE  FOR 
PORTSMOUTH  MUNICIPAL  COURT. 

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

114:1  Special  Justices.  Amend  RSA  502:8  (supp)  as  amended  by 
1955,  253:1;  1957,  125:2,  175:2,  204:1,  209:2;  1961,  16:1,  124:2,  by  strik- 
ino-  out  the  words  "of  Portsmouth  four  hundred  dollars"  in  the  ninth  line 
and  inserting  in  place  thereof  the  words,  of  Portsmouth  twelve  hundred 
dollars,  so  that  said  section  as  amended  shall  read  as  follows:  502:8  Com- 
pensation 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  six  hundred  dollars,  of  Concord  one  thou- 


1963]  Chapter  115  101 

sand  two  hundred  dollars,  of  Portsmouth  twelve  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  compensa- 
tion 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. 

114:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  31,  1963.] 
[Effective  date  July  30,  1963.] 


CHAPTER  115. 

AN  ACT  RELATIVE  TO  ACCESS  ROADS  TO  PRIVATELY  OPERATED  SKI 
DEVELOPMENTS. 

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

115:1  Lay  Out  and  Construction  Permitted.  Amend  RSA  by  insert- 
ing after  chapter  236-A  as  inserted  by  1961,  25  the  following  new  chapter: 

Chapter  236-B 
Access  Roads  to  Privately  Operated  Ski  Developments 

236-B:  1  Authorization.  Upon  petition  and  showing  of  financial 
ability  and  responsibility  by  a  developer  of  a  proposed  or  existing  pri- 
vately operated  ski  development  the  legislature  may  authorize  the  com- 
missioner of  public  works  and  highways,  with  the  approval  of  the  governor 
and  council  to  lay  out  and  construct  an  access  road  to  such  development. 

236-B:2  Classification.  Any  act  authorizing  the  lay  out  and  construc- 
tion of  an  access  road  shall  provide  for  its  classification  and  for  main- 
tenance responsibility. 

236-B:3  Provision  for  Appropriation.  Any  act  authorizing  the  lay 
out  and  construction  of  an  access  road  to  a  privately  operated  ski  develop- 
ment shall  provide  an  appropriation  for  its  lay  out  and  construction  and 
said  appropriation  shall  be  added  to  the  construction  and  reconstruction 
appropriation  of  the  department  of  public  works  and  highways. 

115:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[ApprovedMay  31,  1963.] 
[Effective  date  July  30,  1963.] 


102  Chapter  116  [1963 

CHAPTER  116. 

AN  ACT  RELATIVE  TO  THE  CONSTRUCTION  OF  PHYSICAL  EDUCATION  FACILITIES 
AT  THE  UNIVERSITY  OF  NEW  HAMPSHIRE, 

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

116:1  Appropriation.  The  sum  of  three  million  six  hundred  and 
sixty  thousand  dollars  is  hereby  appropriated  for  the  purpose  of  con- 
structing, furnishing,  and  equipping  physical  education  facilities,  includ- 
ing the  remodeling  of  the  present  Field  House,  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  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. 

116:2  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  three  million  six  hundred  and  sixty 
thousand  dollars. 

116:3  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  three  million  six  hundred 
and  sixty  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  behalf  of  the  state  at  a  rate  of  interest  to  be  determined  by  the 
governor  and  council.  The  maturity  dates  of  such  bonds  shall  be  deter- 
mined by  the  governor  and  council,  but  in  no  case  shall  they  be  later 
than  twenty  years  from  the  date  of  issue.  The  bonds  shall  be  in  such  form 
and  denomination  as  the  governor  and  council  shall  determine,  may  be 
registerable  as  to  both  principal  and  interest,  shall  be  signed  by  the  treas- 
urer 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  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. 

116:4  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  purpose  hereof  borrow  money  from  time  to  time  on  short 
term  loans  which  may  be  refunded  by  the  issuance  of  bonds  hereunder. 


1963]  Chapter  117  103 

Provided,  however,  that  at  no  one  time  shall  the  indebtedness  of  the  state 
on  such  short  term  loans  exceed  the  sum  of  three  million  six  hundred  and 
sixty  thousand  dollars. 

116:5  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  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall  draw  his  warrant 
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. 

116:6  Liquidation.  The  state  treasurer  is  authorized  to  deduct  from 
the  fund  accruing  to  the  University  under  RSA  187:24,  or  appropriation 
in  lieu  thereof,  for  each  fiscal  year  such  sum  or  sums  as  may  be  necessary 
to  meet  interest  and  principal  payments  in  accordance  with  the  terms 
and  conditions  of  the  bonds  or  notes  issued  under  the  authority  of  this 
act  for  the  purposes  herein  stated. 

116:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  6,  1963.] 
[Effective  date  August  5,  1963.] 


CHAPTER  117. 

AN  ACT  RELATIVE  TO  THE  REPEAL  OF  THE  SCHOOL  PER  CAPITA  TAX. 

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

117:1  Repeal.  RSA  194:12  and  194:13  relative  to  the  per  capita  tax 
are  hereby  repealed. 

117:2  Application  of  Statutes.  Amend  paragraph  XXIII  of  RSA 
186:11  (supp)  as  amended  by  1957,  252:1  and  1961,  196:2  by  striking  out 
the  words  "provided,  however,  that  the  total  amounts  so  fixed  in  any  one 
fiscal  year  shall  not  exceed  the  amount  available  to  the  state  for  this  pur- 
pose from  school  districts  under  the  provisions  of  RSA  194:12,  and  the 
amounts  received  under  the  provisions  of  said  section  12  shall  be  main- 
tained in  a  special  fund  by  the  state  treasurer  and  be  used  for  no  other 
purpose  than  the  salaries  of  superintendents,  assistant  superintendents 
and  teacher  consultants  for  supervisory  unions;"  so  that  the  first  subpara- 
graph of  said  paragraph  XXIII  shall  read  as  follows:  Fix  the  state's  share 


104  Chapter  118  [1963 

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  serv- 
ices to  public  education  shall  be  on  a  more  equitable  and  efficient  basis. 
For  the  purpose  of  this  paragraph  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: 

117:3  Takes  Effect.  This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  7,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  118. 

AN  ACT  RELATIVE  TO  VETERANS'  EXEMPTION. 

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

118:1  Exemptions.  Amend  RSA  72:28  (supp)  as  amended  by  1955, 
289:1  and  1963,  49  by  inserting  in  line  17  after  the  word  "thereof"  the 
following:  The  tax  exemption  hereinabove  provided  shall  be  allowed  to 
every  resident  of  this  state  who  is  sixty-five  years  of  age  or  over  irrespec- 
tive of  the  assessed  value  of  his  or  her  residential  real  estate,  provided 
he  or  she  is  otherwise  qualified  under  the  provisions  hereof,  so  that  said 
section  as  amended  shall  read  as  follows:  72:28  Service  Exemption.  Every 
resident  of  this  state  who  served  not  less  than  ninety  days  in  the  armed 
forces  of  the  United  States  in  any  of  the  following  wars  or  armed  conflicts, 
the  Spanish  War,  Philippine  Insurrection,  Boxer  Rebellion,  World  War 
I,  World  War  II,  or  Korean  Conflict,  as  hereinafter  defined  who  have 
been  discharged  or  separated  therefrom  under  conditions  other  than  dis- 
honorable or  the  spouse  of  such  resident,  or  the  widow  of  such  resident, 
and  every  resident,  or  the  spouse  of  such  resident,  whose  services  were 
terminated  for  a  service-connected  disability,  and  the  widow  of  any  resi- 
dent who  suffered  a  service-connected  death,  in  consideration  of  such 
service,  shall  be  exempt  each  year  from  taxation  upon  his  or  her  resi- 
dential real  estate,  to  the  value  of  one  thousand  dollars,  provided  the  value 
of  such  residential  real  estate  in  this  state  as  assessed  by  the  selectmen 
does  not  exclusive  of  bona  fide  encumbrances  of  record  thereon,  exceed 
five  thousand  dollars,  and  provided  further  that  the  resident  qualified  for 
exemption,  excepting  those  with  a  service-connected  disability,  shall  not 
be  delinquent  in  the  payment  of  any  taxes  due  the  state  of  New  Hamp- 
shire or  any  political  subdivision  thereof.  The  tax  exemption  hereinabove 


1963]  Chapter  119  105 

provided  shall  be  allowed  to  every  resident  of  this  state  who  is  sixty-five 
years  of  age  or  over  irrespective  of  the  assessed  value  of  his  or  her  resi- 
dential real  estate,  provided  he  or  she  is  otherwise  qualified  under  the 
provisions  hereof.  The  following  terms  as  used  in  this  section  shall  be 
construed  as  follows: 

(1)  "Spanish  War"  between  April  21,  1898  and  April  M,  1899. 

(2)  "Philippine  Insurrection"  between  April  12,  1899  and  July  4, 
1902  extenddd  to  July  15,  1903  for  service  in  the  Moro  Provinces. 

(3)  "Boxer  Rebellion"  between  June  16,  1900  and  May  2,  1901. 

(4)  "World  War  I"  between  April  6,  1917  and  November  11,  1918 
extended  to  April  1,  1920  for  service  in  Russia,  provided  that  military  or 
naval  service  on  or  after  November  12,  1918  and  before  July  2,  1921 
where  there  was  prior  service  between  April  6,  1917  and  November  11, 
1918  shall  be  considered  as  World  War  I  service. 

(5)  "World  War  11"  between  December  7,  1941  and  December  31, 
1946. 

(6)  "Korean  Conflict"  between  June  25,  1950  and  July  27,  1953. 

118:2  Resident.  Amend  paragraph  I  of  RSA  72:29  (supp)  as  amended 
by  195i5,  289:4  by  striking  out  the  words  "six  months"  in  the  second  line 
and  inserting  in  place  thereof  the  words,  one  year,  so  that  said  paragraph 
as  amended  shall  read  as  follows:  I.  The  word  "resident"  as  used  in  sec- 
tion 28  shall  mean  a  person  who  has  resided  in  this  state  for  at  least  one 
year  preceding  April  1,  in  the  year  in  which  the  exemption  is  claimed. 

118:3   Takes  Effect.   This  act  shall  take  effect  as  of  April  1,  1964. 
[Approved  June  7,  1963.] 
[Effective  date  April  1,  1964.] 


CHAPTER  119. 

AN  ACT  RELATIVE  TO  THE  USE  OF  BOATS  AND  OUTBOARD  MOTORS  ON 

SMALL  PONDS. 

119:1  Motor  Boats.  Amend  RSA  270:12  by  inserting  at  the  end 
thereof  the  following  sentences:  The  director  may,  in  like  manner  and 
after  notice  and  hearing,  prohibit  the  use  of  motor  boats  and  outboard 
motors  on  bodies  of  public  water  having  an  area  of  thirty-five  acres  or 
less;  provided,  that  said  prohibition  shall  not  be  construed  as  affecting 
the  bodies  of  water  covered  by  RSA  486.  Hearings  under  this  section  shall 
be  held  in  the  vicinity  of  the  body  of  water  under  consideration,  so  that 
said  section  as  amended  shall  read  as  follows:   270:12   Operating  Restric- 


106  Chapter  120  [1963 

tions.  The  director  of  the  division  of  safety  services  may,  after  hearing, 
upon  complaint  or  of  his  own  motion,  whenever  it  shall  appear  that  the 
public  interest  requires,  make  such  rules  and  regulations  governing  the 
maximum  horsepower  of  boat  engines  and  outboard  motors  or  prescribe 
maximum  speed  limits  for  the  operation  of  such  boats  or  outboard  motors 
applicable  to  or  upon  all  or  any  portion  of  the  public  waters  of  this  state. 
The  director  may,  in  like  manner  and  after  notice  and  hearing,  prohibit 
the  use  of  motor  boats  and  outboard  motors  on  bodies  of  public  water 
having  an  area  of  thirty-five  acres  or  less;  provided,  that  said  prohibition 
shall  not  be  construed  as  affecting  the  bodies  of  water  covered  by  RSA 
486,  Hearings  under  this  section  shall  be  held  in  the  vicinity  of  the  body 
of  water  under  consideration. 

119:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  7,  1963.] 
[Effective  date  August  6,  1963.] 


CHAPTER  120. 

AN  ACT  RELATIVE  TO  REPORTS  TO  THE  TAX  COMMISSION. 

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

120:1  Tax  Commission.  Amend  RSA  41:15  (supp)  as  amended  by 
1955,  155:1  by  striking  out  the  whole  thereof  and  inserting  in  place  there- 
of the  following:  41:15  Report  Required.  The  selectmen  shall  annually 
certify  to  the  tax  commission,  upon  blanks  prescribed  and  provided  by 
the  commission  for  the  purpose,  the  number  of  polls  and  total  valuation 
of  each  class  of  property  included  in  the  inventory  of  polls  and  ratable 
estates  together  with  a  certificate  of  the  several  appropriations  voted  by 
the  town  and  estimated  revenues,  so  far  as  known,  and  such  other  in- 
formation as  the  commission  may  require.  The  tax  commission  shall  ex- 
amine such  certificates  and  delete  any  appropriation  which  is  not  made 
in  accordance  with  the  law.  It  may  adjust  any  sum  which  may  be  used  as 
a  set  off  against  the  amount  appropriated  when  it  appears  to  the  com- 
mission that  such  adjustment  is  in  the  best  public  interest.  The  commis- 
sion from  the  certificates,  and  those  filed  by  the  school  boards  and  village 
district  commissioners,  as  adjusted  by  the  tax  commission,  shall  compute 
a  rate  per  cent  of  taxation  and  notify  the  selectmen  thereof.  Such  certifi- 
cates, as  adjusted  by  the  tax  commission  shall  be  used  to  determine  the 
average  rate  of  taxation  throughout  the  state.  If  such  certificates  are  not 
received  by  October  first  the  tax  commission  may  use  such  information 


1963]  Chapter  120  107 

as  it  may  be  able  to  obtain  in  order  to  determine  the  average  rate  of  taxa- 
tion throughout  the  state  for  that  year. 

120:2  Date  for  Report.  Amend  RSA  41  by  inserting  after  section 
41:15  the  following  new  section:  41:15-a  Penalty.  If  the  certifications 
required  by  section  15  are  not  made  to  the  tax  commission  on  or  before 
October  first,  unless  the  time  is  extended  by  the  tax  commission  for  cause, 
the  town  for  which  the  selectmen  act  shall  pay  to  the  state  for  its  use  the 
sum  of  five  dollars  for  each  day's  delay  in  making  certification.  The  tax 
commission  shall  certify  to  the  state  treasurer  the  amount  of  any  sums  due 
from  any  town  hereunder.  The  state  treasurer  shall  notify  the  selectmen 
of  the  town  of  the  amount  due  and  shall  withhold  the  sum  due  from 
monies  due  to  the  town  from  the  state  if  the  town  neglects  for  more  than 
thirty  days  to  pay  the  sum  due. 

120:3  Notice  of  Tax  Bills.  Amend  RSA  76:11  by  striking  out  the 
whole  thereof  and  inserting  in  place  thereof  the  following:  76:11  De- 
livery of  List;  Notice  to  Taxpayer.  Such  list  shall  be  delivered  to  the 
collector  within  thirty  days  from  the  receipt  of  information  by  the  select- 
men from  the  tax  commission  of  the  rate  per  cent  of  taxation  as  provided 
in  RSA  41:15,  unless  for  good  cause  the  time  is  extended  by  the  tax  com- 
mission. The  collector  shall  within  thirty  days  after  the  receipt  of  such 
list  by  him,  send  to  every  person  taxed,  or  his  agent,  if  known,  a  bill  of 
his  taxes,  unless  for  good  cause  the  time  is  extended  by  the  tax  commission. 

120:4  Village  Districts.  Amend  RSA  52  by  inserting  after  section  14 
the  following  new  section:  52:14-a  Financial  Reports.  The  commis- 
sioners of  a  village  district  wholly  within  one  town  shall  annually  within 
ten  days  after  the  annual  meeting  certify  to  the  tax  commission,  upon 
blanks  prescribed  and  provided  by  the  tax  commission,  a  certificate  of 
the  several  appropriations  voted  by  the  district  and  estimated  revenues, 
so  far  as  known,  and  such  other  information  as  the  tax  commission  may 
require.  The  tax  commission  shall  examine  such  certificates  and  delete 
any  appropriation  which  is  not  made  in  accordance  with  the  law  and  ad- 
just any  sum  which  may  be  used  as  a  set  off  against  the  amount  appropri- 
ated when  it  appears  to  the  commission  such  adjustment  is  in  the  best 
public  interest.  The  commission  from  such  certificate  shall  compute  the 
rate  per  cent  of  taxation  for  village  district  purposes. 

120:5  School  District.  Amend  RSA  197:20  by  striking  out  the  clause 
"shall  deliver  to  the  selectmen  between  June  1  and  June  ilO  an  attested 
copy  of  every  vote  to  raise  money"  so  that  the  same  as  amended  shall  read 
as  follows:  197:20  Clerk.  The  clerk  shall  keep  a  true  record  of  all  the 
doings  of  each  meeting;  shall  make  an  attested  copy  of  any  record  of  the 
district  for  any  person  upon  request  and  tender  of  legal  fees  therefor; 
shall  act  as  moderator  of  any  meeting  until  a  moderator  pro  tempore  shall 
be  chosen,  if  the  moderator  is  absent  or  the  office  has  become  vacant;  and 


108  Chapter  121  [1963 

shall  have  the  same  power  to  administer  oaths  which  the  moderator  has. 
If  the  clerk  is  absent  at  any  meeting  a  clerk  pro  tempore  shall  be  chosen. 

120:6  School  Boards.  Amend  RSA  198  by  adding  after  section  4  the 
following  new  section:  198:4-a  Financial  Reports.  The  school  board 
shall,  annually  on  or  before  July  twenty-fifth  certify  to  the  tax  commis- 
sion, the  state  department  of  education  and  the  board  of  selectmen  upon 
blanks  prescribed  and  provided  by  the  tax  commission  for  the  purpose, 
a  certificate  of  the  several  appropriations  voted  by  the  district  and  esti- 
mated revenues,  so  far  as  known,  and  such  other  information  as  the  tax 
commission  may  require.  The  tax  commission  shall  examine  such  certifi- 
cates and  delete  any  appropriation  which  is  not  made  in  accordance  with 
the  law,  and  adjust  any  sum  which  may  be  used  as  a  set  off  against  the 
amount  appropriated  when  it  appears  to  the  commission  such  adjustment 
is  in  the  best  public  interest.  The  commission  from  such  certificate  shall 
compute  the  rate  per  cent  of  taxation  for  school  district  purposes. 

120:7  Posting  Warrant.  Amend  RSA  197  by  inserting  after  section 
5  thereof  the  following  new  section:  197:5-a  Budget.  The  school  board, 
if  the  school  district  is  not  controlled  by  the  municipal  budget  act,  shall 
prepare  a  budget  for  the  annual  or  any  special  meeting  upon  a  form  pre- 
scribed and  provided  by  the  tax  commission  and  shall  post  the  same  with 
and  at  the  same  time  as  the  warrant  for  the  meeting  is  posted. 

120:8   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  10,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  121. 

AN  ACT  RELATING  TO  THE  PREVENTION  OF  FIRES  BY  RAILROAD  LOCOMOTIVES. 

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

121:1  Railroad.  Amend  RSA  380:4  by  striking  out  the  whole  of  said 
section  and  inserting  in  place  thereof  the  following  new  section:  380:4 
Spark  Arresters,  etc.  Every  railroad  operating  steam  locomotives  in  this 
state  shall,  subject  to  the  approval  of  the  commission,  equip  and  maintain 
in  good  condition  a  spark  arrester  and  a  suitable  ash  pan  on  every  such 
locomotive.  Every  railroad  operating  locomotives  powered  by  diesel  or 
other  types  of  internal  combustion  engines  shall  equip  and  maintain  in 
good  condition  such  types  of  exhaust  manifolds  or  spark  arresters  as  may 
be  prescribed  by  the  commission  on  every  such  engine.  Every  such  rail- 
road shall  require  its  employees  operating  such  locomotives  and  engines 
to  exercise  due  care  to  keep  such  devices  in  good  order  and  to  prevent 


1963]  Chapter  122  109 

the  escape  of  live  coals,  sparks,  or  carbon  deposits  which  may  cause  fires 
along  the  right  of  way;  and  shall,  subject  to  the  approval  of  the  commis- 
sion, make  and  enforce  regulations  for  the  giving  of  fire  signals  and  notifi- 
cations of  the  existence  and  location  of  fires  along  the  right  of  way  to  its 
employees. 

121:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  10,  1963.] 
[Effective  date  June  10,  1963.] 


CHAPTER  122. 

AN  ACT  RELATIVE  TO  THE  PENALTY  FOR  ESCAPE  FROM  HOUSES  OF  CORRECTION. 

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

122:1  Houses  of  Correction.  Amend  RSA  620:9  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  620:9  Penalty.  If 
any  offender  shall  escape  from  a  house  of  correction  he  shall  be  punished 
by  imprisonment  or  confinement  for  not  more  than  one  year;  the  sentence 
to  such  imprisonment  or  confinement  shall  not  be  concurrent  with  any 
other  sentence  then  being  served  or  thereafter  to  be  imposed  upon  such 
escapee. 

122:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  10,  1963.] 
[Effective  date  August  9,  1963] 


CHAPTER  123. 

AN  ACT  RELATIVE  TO  THE  AUTHORITY  OF  POLICE  EMPLOYEES. 

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

123:1  Limitation  in  Towns  Removed.  Amend  RSA  106-B:15  (supp) 
as  inserted  by  1961,  il66:4,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  106-B:15  Restrictions  in  Municipalities.  A 
police  employee  shall  not  act  within  the  limits  of  a  town  having  a  popula- 
tion of  more  than  three  thousand  or  of  any  city,  except  when  he  witnesses 
a  crime  or  is  in  pursuit  of  a  law  violator  or  suspected  violator,  or  when  in 
search  of  a  person  wanted  for  a  crime  committed  outside  its  limits,  or 


110  Chapter  124  [1963 

when  in  search  of  a  witness  of  such  crime  or  when  requested  to  act  by  an 
official  of  another  law  enforcement  agency,  as  provided  under  section  11, 
or  when  ordered  by  the  governor. 

123:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  10,  1963.] 
[Effective  date  August  9,  1963.] 


CHAPTER  124. 

AN  ACT  RELATIVE  TO  TRAINING  OF  FIRE  FIGHTERS. 

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

124:1  Fire  Fighters.  Amend  RSA  154-A:1  (supp)  as  inserted  by  1961, 
274:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 154-A:1  Program  Authorized.  The  state  board  of  education  in 
conjunction  with  the  state  board  of  fire  control  is  hereby  authorized  and 
directed  to  administer  and  supervise  a  fire  service  training  program 
throughout  the  state  to  provide  local  fire  fighters  and  members  of  munici- 
pal and  volunteer  fire  departments  with  instruction  in  dealing  with  the 
causes,  prevention  and  techniques  of  fighting  fires  in  this  modern  age. 

124:2  Membership.  Amend  RSA  154-A:2  (supp)  as  inserted  by  1961, 
274:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 154-A:2  Advisory  Committee.  There  shall  be  established  an  ad- 
visory committee  to  be  appointed  by  the  two  boards.  The  advisory 
committee  shall  consist  of  eight  members:  Two  members  from  recom- 
mendations made  by  the  New  Hampshire  Fire  Chiefs  Club,  one  member 
from  recommendations  by  the  New  Hampshire  Permanent  Firemens 
Association,  one  member  from  recommendations  by  the  Federation  of 
Fire  Mutual  Aids  Association,  one  member  from  recommendations  by 
the  Federation  of  Forest  Fire  Wardens  Association,  one  member  who  is 
a  full-time  uniform  fire  fighter,  one  member  who  is  a  volunteer  fire 
fighter,  one  member  from  the  field  of  insurance,  and  one  member  from 
the  recommendations  of  the  State  Fire  Instructors  Association.  Of  the  first 
members  of  the  advisory  committee  appointed,  two  shall  be  appointed  to 
serve  for  a  term  of  one  year,  three  for  a  term  of  two  years  and  three  for  a 
term  of  three  years  and  thereafter  all  members  shall  be  appointed  to  serve 
for  a  term  of  three  years  each.  The  members  of  the  committee  shall  serve 
without  compensation. 

124:3  Training  Programs.  Amend  RSA  154-A:3  (supp)  as  inserted 
by  1961,  274:1  by  striking  out  said  section  and  inserting  in  place  thereof 


1963]  Chapter  125  111 

the  following:  154-A:3  Division  of  State.  The  state  board  of  education 
and  the  state  board  of  fire  control  shall  divide  the  state  into  not  more 
than  fifty  districts  for  the  purposes  of  this  act.  Each  district  shall  be  en- 
titled to  have  an  approved  fire  service  training  instructor.  To  be  eligible 
as  instructors,  qualified  district  representatives  must  satisfactorily  com- 
plete a  basic  fire  service  instructors  training  institute.  Said  institute  shall 
consist  of  not  less  than  one  nor  more  than  three  weeks'  course  in  any  one 
year.  Each  district  representative  shall  be  paid  the  sum  of  one  hundred 
dollars  for  each  week  of  attendance  at  the  institute.  The  district  repre- 
sentatives, after  receiving  instructor  training  at  the  institute,  may  be  au- 
thorized by  the  state  board  of  education  and  the  state  board  of  fire  control 
to  conduct  training  programs  for  fire  fighters  within  the  state.  For  organ- 
izing and  conducting  training  programs  at  the  district  level,  fire  service 
training  instructors  shall  be  compensated  for  their  services  at  an  hourly 
rate  established  by  the  state  board  of  education  and  the  state  board  of  fire 
control. 

124:4  Expenditures.  Amend  RSA  I54-A:5  (supp)  as  inserted  by 
1961,  274:1  by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  154-A:5  Administration.  All  sums  appropriated  by  the  state 
for  this  program,  together  with  any  federal  funds  received,  shall  be  ex- 
pended by  the  state  board  of  education  in  conjunction  with  the  state 
board  of  fire  control  with  the  approval  of  governor  and  council.  Said 
expenditures  shall  include  employment  of  such  assistants  as  may  be  nec- 
essary. 

124:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  10,  1963.] 
[Effective  date  August  9,  1963.] 


CHAPTER  125. 

AN  ACT  RELATIVE  TO  FEES  FOR  MOTOR  VEHICLES  UNDER  MOTOR-VEHICLE 

JUNK  LICENSE. 

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

125:1  Motor  Vehicle  Fees.  Amend  paragraph  X  of  RSA  262:1  by 
striking  out  said  paragraph  and  inserting  in  place  thereof  the  following: 
X.  For  motor  vehicles  owned  by  or  under  the  control  of  a  motor  vehicle 
junk  licensee,  twenty-five  dollars  for  the  first  six  thousand  pounds  and 
at  the  same  rates  set  forth  in  paragraph  IV  of  this  section  for  any  addi- 
tional weight  over  six  thousand  pounds.  The  fee  herein  prescribed  shall 


112  Chapter  126  [1963 

apply  to  all  such  vehicles  registered  on  and  after  the  effective  date  of  this 
act. 

125:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  10,  1963.] 
[Effectivedate  June  10,  1963.] 


CHAPTER  126. 

AN  ACT  RELATING  TO  THE  SALE  OF  STATE  LAND  AT  INTERVALE  SKI  AREA. 

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

126:1  Sale  of  Land.  The  governor  and  council  shall  be,  and  are  here- 
by, authorized  and  directed  to  sell  to  the  corporation.  Intervale  Ski  Area, 
Incorporated,  a  New  Hampshire  corporation  organized  and  existing  un- 
der the  laws  of  the  state  of  New  Hampshire  and  having  its  principal  place 
of  business  at  Bartlett  in  said  state,  pursuant  to  negotiations  and  at  a 
price  as  hereinafter  provided,  the  Intervale  Ski  Slope,  so-called,  the  same 
being  a  tract  of  land  situate  in  said  Bartlett  and  containing  thirteen  acres, 
more  or  less,  for  a  more  particular  description  of  which  reference  is  made 
to  a  map  attached  to  the  lease  of  the  forestry  and  recreation  commission 
of  the  state  of  New  Hampshire  to  Intervale  Ski  Area,  Incorporated,  dated 
May  23,  1961,  demising  said  premises  for  a  term  ending  May  22,  1975. 

126:2  Negotiations  and  Fixing  Price.  Negotiations  for  said  sale  shall 
be  conducted  by  the  commissioner  of  resources  and  development  and  the 
price  shall  be  determined  by  him,  with  the  approval  of  the  advisory  com- 
mission. 

126:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  10,  1963.] 
[Effective  date  June  10,  1963.] 


CHAPTER  127. 

AN  ACT  RELATING  TO  PROBATE  COURTS. 

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

127:1  Compensation  Increased.  Amend  RSA  547:16  as  amended  by 
1953,  106,  by  striking  out  in  line  two  thereof  the  word  "twenty"  and  in- 
serting in  place  thereof  the  word,  forty;  further  amend  said  section  by 
striking  out  in  lines  four,  five  and  six  the  words  "executor,  administrator, 
guardian  or  trustee  of  the  estate  in  relation  to  which  such  case  may  arise. 


1963]  Chapter  128  113 

and  shall  be  allowed  on  settlement  of  his  account."  and  inserting  in  place 
thereof  the  following,  county  in  which  he  sits.,  so  that  said  section  as 
amended  shall  read  as  follows:  547:16  Compensation  of  Acting  Judge. 
Such  judge  shall  be  allowed  forty  dollars  for  each  day  he  may  be  employed 
in  attending  such  court,  and  a  reasonable  compensation  for  his  travel  and 
expenses,  which  shall  be  paid  by  the  county  in  which  he  sits. 

127:2  Procedure  Changed  and  Compensation  Increased.  Amend 
RSA  547:18  by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  547:18  Vacancy,  etc.  Whenever  there  is  a  vacancy  in  the 
office  of  the  judge  of  any  county,  or  if  he  shall  be  absent  or  unable  to  at- 
tend a  regular  term  or  hold  special  sessions  of  the  probate  court,  the  reg- 
ister of  probate  shall  call  upon  the  judge  of  some  other  county,  who  shall 
act  during  such  vacancy,  absence  or  inability,  but  the  register  shall  first 
obtain  the  approval  of  the  judge  of  his  county,  if  possible,  before  calling 
upon  another  judge  to  hold  any  special  session.  A  judge  who  is  called 
upon  to  attend  a  regular  term  shall  receive  forty  dollars  a  day  and  a  rea- 
sonable compensation  for  his  travel  and  expenses  for  each  day  of  actual 
service,  which  shall  be  paid  by  the  county  in  which  he  sits.  In  the  case  of 
special  sessions  such  judge  shall  be  entitled  to  receive  the  compensation 
provided  in  section  23  of  this  chapter,  as  amended. 

127:3  Repeal.  RSA  548:12  is  hereby  repealed. 

127:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  10,  1963.] 
[EfFectivedate  August  9,  1963.]  i 


CHAPTER  128. 

AN  ACT  RELATIVE  TO  THE  DEFINITION  OF  A  HAIRDRESSING  SHOP. 

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

128:1  Beauty  Parlors.  Amend  paragraph  VIII  of  RSA  314:1  by  in- 
serting at  the  end  thereof  the  words,  or  where  equipment  and  facilities 
for  both  hairwashing  and  hairdrying  are  available  to  the  public  for  hire, 
so  that  said  paragraph  as  amended  shall  read  as  follows:  VIII.  "Shop,"  a 
beauty  shop  or  other  place  kept  open  for  the  business  of  hairdressing  or 
manicuring  or  where  equipment  and  facilities  for  both  hairwashing  and 
hairdrying  are  available  to  the  public  for  hire. 

128:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  12,  1963.] 
[Effective  date  August  LI,  1963.] 


114  Chapter  129  [1963 

CHAPTER  129. 

AN  ACT  RELATIVE  TO  SALARY  OF  THE  SHERIFF  OF  ROCKINGHAM  COUNTY. 

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

129:1  Rockingham  County  Sheri£E.  Amend  the  last  paragraph  of 
RSA  104:29  (supp)  as  amended  by  1961,  175:1  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following:  In  Rockingham  the 
annual  salary  of  the  sheriff  shall  be  nine  thousand  five  hundred  dollars. 
Said  salary  shall  be  payment  in  full  for  all  his  services  to  the  county.  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  Belknap 
counties  shall  be  paid  monthly. 

129:2   Takes  Effect.   This  act  shall  take  effect  January  1,  1964. 
[Approved  June  12,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  130. 

AN  ACT  RELATING  TO  THE  FILING  OF  CERTIFICATES  OF  INSURANCE  BY  CARRIERS 
OF  PROPERTY  AND  PASSENGERS  FOR  HIRE  BY  MOTOR  VEHICLE. 

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

130:1  Motor  Carriers  of  Property.  Amend  RSA  375  by  inserting 
after  section  2  the  following  new  section:  375:2-a  Certificates  of  Insur- 
ance. In  lieu  of  an  indemnity  bond  or  insurance  policy  as  required  by 
the  preceding  section,  the  commission  may  accept  a  certificate  of  insur- 
ance issued  by  a  company  authorized  to  transact  business  in  this  state. 

130:2  Motor  Carriers  of  Passengers.  Amend  RSA  376:13  by  insert- 
ing after  the  word  "force"  in  the  fourth  line  the  words,  a  certificate  of 
insurance,  so  that  said  section  as  amended  shall  read  as  follows:  376:13 
Security  for  the  Protection  of  Passengers.  No  certificate  or  permit  issued 
to  a  motor  carrier  under  the  provisions  of  this  chapter  shall  remain  in 
effect  unless  such  carrier  shall  file  with  the  commission,  and  keep  in  force, 
a  certificate  of  insurance,  an  insurance  policy  or  indemnity  bond  in  such 
form  and  in  such  reasonable  amount  as  the  commission  may  require,  pro- 
viding for  the  payment  of  any  final  judgment  recovered  against  such  motor 
carrier  for  bodily  injuries  to,  or  the  death  of  any  person  using  the  facili- 


1963]  Chapter     131  115 

ties  of  motor  carriers  of  passengers  resulting  from  the  negligent  operation, 
maintenance,  or  use  of  motor  vehicles  under  such  certificate  or  permit. 

130:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  12,  1963.] 
[Effective  date  August  11,  1963.] 


CHAPTER  131. 

AN  ACr  RELATIVE  TO  THE  SALE  OF  CERTAIN  ANIMALS  AND  BIRDS. 

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

131:1  Birds  and  Rabbits.  Amend  RSA  by  inserting  after  chapter 
443-A  (supp)  as  inserted  by  1959,  291:1  the  following  new  chapter: 

Chapter  443-B 

Sale,  gift,  or  display  of  certain 
birds  and  rabbits 

443-B:  1  Artificial  Coloring.  No  chick,  duckling,  gosling,  or  rabbit 
that  has  been  dyed  or  otherwise  colored  artificially  may  be  sold  or  offered 
for  sale;  raffled;  offered  or  given  as  a  prize,  premium,  or  advertising  de- 
vice; or  displayed  in  any  store,  shop,  carnival,  or  other  public  place. 

443-B:2  Sale  or  Gift  of  Small  Quantities.  Chicks,  ducklings,  gos- 
lings, and  rabbits  younger  than  four  weeks  of  age  may  not  be  sold  or 
offered  for  sale;  raffled;  or  offered  or  given  as  a  prize,  premium,  or  adver- 
tising device,  in  quantity  of  less  than  twelve  birds  or  animals  to  an  indi- 
vidual person. 

443-B:3  Conditions  of  Keeping  and  Display.  Stores,  shops,  vendors, 
and  others  offering  chicks,  ducklings,  goslings,  or  rabbits  younger  than 
four  weeks  of  age  for  sale,  raffle,  or  as  a  prize,  premium,  or  advertising 
device,  or  displaying  chicks,  ducklings,  goslings,  or  rabbits  to  the  public, 
shall  provide  and  operate  brooders  or  other  heating  devices  that  may  be 
necessary  to  maintain  the  chicks,  ducklings,  goslings,  or  rabbits  in  good 
health,  and  shall  keep  adequate  food  and  water  available  to  the  birds  or 
animals  at  all  times. 

443-B:4  Penalty.  Any  person,  firm,  or  corporation  violating  any  of 
the  provisions  of  this  chapter  shall  be  fined  not  exceeding  the  sum  of 
twenty-five  dollars;  provided  that  after  any  violation  has  been  called  to 
the  attention  of  the  violator  by  any  law  enforcement  officer,  each  day  on 


116  Chapter  132  [1963 

which  such  violation  continues  or  is  repeated  shall  constitute  a  separate 
offense. 

131:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  12,  1963.] 
[Effective  date  August  11,  1963.] 


CHAPTER  132. 

AN  ACT  ELIMINATING  THE  OFFICE  OF  FARM  SUPERVISOR  AND  PROVIDING  FOR 
AN  ADDITIONAL  ASSISTANT  BUSINESS  SUPERVISOR. 

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

132:1  Assistant  Business  Supervisors.  Amend  subparagraph  (5)  of 
RSA  8:36  (supp)  as  inserted  by  1955,  338:5,  by  striking  out  said  subpara- 
graph and  inserting  in  place  thereof  the  following:  (5)  Subject  to  the 
approval  of  the  comptroller,  the  business  supervisor  may  appoint  two 
assistant  business  supervisors  who  shall  receive  such  salary  as  may  be  pro- 
vided by  appropriation  therefor. 

132:2  Compensation.  Amend  RSA  94:1  (supp)  as  amended  by  strik- 
ing out  the  line  "Assistant  business  supervisor,  minimum  $7,765.16,  max- 
imum $8,831.16"  and  inserting  in  place  thereof  the  line.  Assistant  business 
supervisors  (2),  minimum  $7,765.16,  maximum  $8,83)1.16.  Further  amend 
said  RSA  94:1  (supp)  as  amended  by  striking  out  the  line  "Farm  super- 
visor, minimum  $7,765.16,  maximum  $8,831.16." 

132:3  Repeal.  RSA  8:37  (supp)  as  amended  by  1957,  274:6,  relating 
to  the  office  of  farm  supervisor,  is  hereby  repealed. 

132:4  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  June  12,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  133. 

AN  ACT  RELATIVE  TO  VEHICLES  OF  NON-RESIDENTS  NOT  REGULARLY  USED 

ON  HIGHWAYS. 

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

133:1    Motor  Vehicle  Permits.    Amend  RSA  260:36  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:   260:36  Permits 


1963]  Chapter  134  117 

Required.  No  motor  vehicle,  trailer,  or  semi-trailer  owned  by  a  non- 
resident and  used  for  commercial  or  business  purposes  shall  be  registered 
under  the  provisions  of  this  chapter  until  the  owner  thereof  has  obtained 
a  permit  from  the  director  and  has  paid  the  required  fee,  provided,  how- 
ever, that  no  permit  shall  be  required  for  the  registration  of  highway 
building  equipment  as  defined  in  RSA  259:1  XII,  or  motor  vehicles  of 
such  design  which  because  of  their  design,  size  or  weight  are  prohibited 
by  law  from  ordinary  or  regular  use  upon  the  highways  of  the  state,  and 
provided  further  that  no  permit  shall  be  required  of  a  resident  of  a  state, 
district  or  country  which  grants  to  a  resident  of  this  state  reciprocal  privi- 
leges as  determined  by  the  director,  Whose  determination  shall  be  final. 

133:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  |L8,  1963.] 
[Effective  date  June  18,  1963.] 


CHAPTER  134. 

AN   ACT   PROVIDING   FOR  THE   DEVELOPMENT  AND   REDEVELOPMENT  OF  AREAS 

OF  VACANT  OR  PREDOMINANTLY  VACANT  LAND  WHICH 

ARE  SUBSTANDARD  OR  BLIGHTED. 

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

134:1  Redevelopment  Needed.  Amend  RSA  205  by  inserting  after 
section  ll-a  as  inserted  by  1959,  52  the  following  new  section:  205: 1-b. 
Findings  and  Declaration  of  Necessity.  It  is  hereby  found  and  declared 
that  there  exist  in  many  communities  within  this  state  areas  of  vacant  or 
predominantly  vacant  land  which  are  substandard  or  blighted  or  in  the 
process  of  becoming  blighted  for  the  reasons  set  forth  in  section  2^b  of 
this  chapter;  that  such  areas  constitute  a  serious  and  growing  menace  to 
the  safety,  health,  morals,  and  welfare  of  the  communities  of  this  state; 
that  such  areas  are  not  being  used  at  all  or  are  being  used  in  an  unplanned, 
haphazard  and  piecemeal  manner;  that  such  areas  impair  economic 
values,  retard  the  provision  of  residential,  commercial,  industrial,  insti- 
tutional and  recreational  buildings  and  other  improvements,  impair  the 
tax  revenues  in  these  communities  and  threaten  the  sources  of  public 
revenue  and  the  financial  stability  of  these  communities,  thus  preventing 
the  sound  growth  of  these  communities  and  the  provision  of  new  places 
of  residence  or  employment  for  their  citizens;  that  the  development 
or  redevelopment  of  such  areas  in  these  communities  in  accordance  with 
a  comprehensive  redevelopment  plan  is  necessary  to  improve  economic 
values,  return  important  tax  revenues,  and  provide  additional  places  of 
residence  or  employment;  that  the  development  or  redevelopment  of 
such  areas  cannot  be  achieved  by  the  ordinary  operations  of  private  enter- 


118  Chapter  134  [1963 

prise  without  the  aids  herein  provided;  that  the  development  or  redevel- 
opment of  such  areas  are  public  uses  and  purposes  for  which  public 
monies  may  be  expended  and  for  which  the  power  of  eminent  domain 
and  other  governmental  powers  may  be  exercised;  that  the  development 
or  redevelopment  of  such  areas  in  accordance  with  an  approved  redevel- 
opment plan  will  stimulate  the  investment  of  private  capital,  the  con- 
struction of  residential,  commercial,  industrial,  institutional  and  recrea- 
tional buildings  and  the  provision  of  new  sources  of  employment  and 
will  eliminate  and  prevent  the  recurrence  of  the  existing  substandard  and 
blighted  and  blighting  conditions  now  existing  in  such  areas;  and  the 
necessity  in  the  public  interest  for  these  provisions  is  hereby  declared  as 
a  matter  of  legislative  determination. 

134:2  Authority  Granted.  Amend  RSA  205  by  inserting  after  sec- 
tion 2-a  as  inserted  by  1959,  52  the  following  new  section:  205:2-b  De- 
velopment Authorized.  Any  housing  authority  now  or  hereafter  estab- 
lished pursuant  to  RSA  203  may  carry  out  as  a  redevelopment  project  or 
as  a  part  of  a  redevelopment  project  in  any  area  in  which  a  redevelopment 
project  is  determined  to  be  necessary  by  a  housing  authority,  any  work 
or  undertaking  to  develop  or  redevelop  an  area  of  vacant  or  predom- 
inantly vacant  land  which  is  substandard  or  blighted  or  in  the  process  of 
becoming  blighted  (1)  because  it  is  unduly  costly  to  develop  or  redevelop 
such  an  area  through  the  ordinary  operations  of  private  enterprise  (a)  by 
reason  of  the  existence  of  ledge,  rock,  unsuitable  soil  or  other  physical 
conditions  or  because  of  the  necessity  for  unduly  expensive  excavation,  fill 
or  grading,  or  (b)  by  reason  of  the  need  for  unduly  expensive  foundations, 
retaining  walls  or  unduly  expensive  measures  for  waterproofing  struc- 
tures or  for  draining  the  area  or  for  the  prevention  of  the  flooding  thereof 
or  for  the  protection  of  adjacent  properties  and  the  water  table  therein 
or  for  unduly  expensive  measures  incident  to  building  around  or  over 
rights-of-way  through  the  area  or  for  otherwise  making  the  area  appro- 
priate for  sound  development,  or  (2)  because  obsolete,  inappropriate  or 
otherwise  faulty  platting  or  subdivision,  division  of  the  area  by  rights- 
of-way,  diversity  of  ownership  of  plots,  inadequacy  of  transportation 
facilities  or  other  utilities,  inadequacy  of  access  to  the  area,  tax  and  special 
assessment  delinquencies,  a  substantial  change  in  business  or  economic 
conditions  or  practices,  a  deterioration  of  site  improvements  or  facilities, 
an  abandonment  or  cessation  of  a  previous  use  or  of  work  on  improve- 
ments begun  but  not  feasible  to  complete  without  the  aids  provided  by 
this  chapter  or  any  combination  of  the  foregoing  or  other  conditions  in 
any  such  area  wthich  are  not  being  remedied  by  the  ordinary  operations  or 
private  enterprise,  result  in  any  such  area  not  being  used  at  all  or  result 
in  any  such  area  being  used  in  an  unplanned,  haphazard,  or  piecemeal 
manner  with  building  on  small  parcels  or  sections  of  any  such  area  with- 
out any  overall  plan  or  design,  so  that  in  essence  any  such  area  is  detri- 
mental to  the  safety,  health,  morals,  welfare  or  sound  growth  of  the  com- 
munity in  which  it  is  situated.  The  powers  granted  in  this  section  are  in 


1963]  Chapter  135  119 

amplification  of  and  in  addition  to  the  powers  granted  in  sections  2  and 
2-a  of  this  chapter,  with  respect  to  the  inclusion  of  areas  of  vacant  or  pre- 
dominantly vacant  land  in  a  redevelopment  project.  Notwithstanding  the 
provisions  of  paragraph  VI  of  RSA  203:3,  the  authority  conferred  by  this 
section  shall  ibe  exercised  only  within  the  territorial  limits  of  the  munici- 
pality for  which  the  housing  authority  is  created. 

134:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  18,  1963.] 
[Effective  date  August  17,  1963.] 


CHAPTER  135. 

AN  ACT  TO  INCREASE  THE  FEES  FOR  LICENSING  FOR  PROPAGATION  OF 

FISH  AND  GAME. 

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

135:1  Propagation  of  Fish  and  Game.  Amend  RSA  212:26  by  strik- 
ing out  the  word  "two"  in  the  last  line  and  inserting  in  place  thereof  the 
word,  five,  so  that  said  section  as  amended  shall  read  as  follows:  212:26 
—  Application;  Revocation  or  Suspension.  Such  licenses  shall  be  issued 
by  the  director,  in  his  discretion,  upon  application  therefor  in  writing, 
and  shall  be  subject  to  revocation  and  suspension  at  any  time,  in  the  dis- 
cretion of  the  director.  The  applicant  shall  pay  a  fee  of  five  dollars. 

135:2  Takes  Effect.  This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  18,(1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  136. 

AN  ACT  TO  INCREASE  THE  FEES  FOR  SPECIAL  FISH  AND  GAME  LICENSES. 

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

136:1  Increase  in  Fees,  Amend  RSA  214:31  by  striking  out  the  word 
"one"  in  the  sixth  line  and  inserting  in  place  thereof  the  word,  five,  so 
that  said  section  as  amended  shall  read  as  follows:  214:31  Applications 
for  Licenses.  Any  person  desiring  a  license  provided  for  in  this  sub- 
division shall  present  a  petition  therefor,  on  forms  supplied  by  the  di- 


120  Chapter  137  [1963 

rector,  accompanied  hy  the  written  statement  of  at  least  two  well  known 
citizens  of  the  community  in  which  the  applicant  resides,  certifying  to  his 
good  character  and  to  his  fitness  to  be  entrusted  with  the  privileges 
granted  by  such  special  license,  with  a  fee  of  five  dollars. 

136:2   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  18,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  137. 

AN  ACT  PROVIDING  FOR  THE  ADOPTION  OF  MINIMUM  STANDARDS  FOR  MOBILE 
HOMES  UNDER  CITY  OR  TOWN  BUILDING  CODES. 

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

137:1    Standards.    Amend  RSA  47  by  inserting  after  section  22  the 
following  new  section:   47:22-a  Mobile  Homes  and  Travel  Trailers.  The 

board  of  mayor  and  aldermen,  or  the  corresponding  governmental  body 
of  any  city  or  the  local  legislative  body  of  any  town  is  hereby  empowered 
and  authorized  to  establish  minimum  construction  standards  for  mobile 
homes  and  travel  trailers  used  as  dwellings  in  the  city  or  town,  by  adopt- 
ing by  reference  any  nationally  recognized  code  for  mobile  homes  or  travel 
trailers  that  has  been  printed  as  a  code  or  any  portions  thereof,  or  any 
amendments  to  such  code,  to  apply  to  all  mobile  homes  and  travel  trailers 
manufactured  on  or  after  January  1,  1964;  provided  that  upon  adoption 
of  such  ordinance  wherein  such  code  or  portions  thereof  have  been  incor- 
porated by  reference,  there  shall  be  filed  three  copies  of  such  code  in  the 
office  of  the  building  inspector,  if  any,  and  three  copies  in  the  office  of 
the  city  or  town  clerk.  All  copies  of  any  code  filed  as  provided  herein  shall 
be  for  the  use  and  examination  by  the  public. 

137:2  Takes  Effect.  This  act  shall  take  effect  January  1,  1964. 
[Approved  June  18,  1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  138. 

AN  ACT  RELATIVE  TO  THE  OPERATION  OF  MOTOR  BOATS  BY  CERTAIN  MINORS. 

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

138:1    Operation  of  Boats.   Amend  RSA  270  by  inserting  after  sec- 
tion 29  (supp)  as  inserted  by  1963,  67  the  following  new  section:   270:30 


1963]  Chapter  139  121 

Persons  Twelve  Years  of  Age  or  Under.  No  person  twelve  years  of  age  or 
under  shall  operate  upon  the  pubUc  waters  of  the  state  a  motor  boat  or 
outboard  motor  having  power  in  excess  of  twenty-five  horse  power  unless 
he  is  accompanied  by  an  adult;  and  such  adult  shall  be  liable  for  personal 
injury  or  property  damage  which  may  result  from  such  operation. 

138:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  18,11963.] 
[Effective  date  August  17,  1963.] 


CHAPTER  139. 

AN  ACT  PROVIDING  FOR  AN  ADDITIONAL  APPROPRIATION  FOR  THE  EXPENSES 

OF  THE  LEGISLATURE. 

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

139:1  Supplemental  Appropriation.  The  sum  of  one  hundred  fifty 
thousand  dollars  is  hereby  appropriated  for  the  fiscal  year  ending  June 
30,  1963  for  the  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  other  account.  The  sum  hereby 
appropriated  shall  Ibe  a  charge  on  the  general  fund. 

139:2   Takes  Effect.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  18,  1963.] 
[Effective  date  June  18,  1963.] 


CHAPTER  140. 

AN  ACT  AUTHORIZING  COUNTIES  TO  PROVIDE  LIFE  AND  HEALTH  INSURANCE 

FOR  THEIR  EMPLOYEES. 

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

140:1  Counties.  Amend  RSA  23  by  inserting  after  section  5  the  fol- 
lowing new  section:  23:6  Life  and  Health  Insurance.  Every  county  shall 
have  the  power  to  provide  group  plan  life,  accident,  medical,  surgical 
and  hospitalization  insurance  benefits,  or  any  combination  of  such  bene- 
fits, for  all  regular  employees  of  the  county  and  their  dependents. 

140:2  Convention.  Amend  RSA  24  by  inserting  after  section  13  the 
following  new  sections:    24:13-a   Appropriations  for  Life  and  Health  In- 


122  Chapter  141  [1963 

surance.  The  county  convention  of  any  county  shall  have  the  power  to 
raise  and  appropriate  such  sums  of  money  as  it  judges  necessary  to  pro- 
vide group  plan  life,  accident,  medical,  surgical  and  hospitalization  in- 
surance benefits,  or  any  combination  of  such  benefits,  for  all  regular 
employees  of  the  county  and  their  dependents.  The  cost  may  be  paid 
wholly  or  partly  by  the  county.  24:13-b  Sponsoring  Certain  Benefits. 
A  county  may  at  any  legal  meeting  vote  to  sponsor  a  group  life,  accident, 
medical,  surgical  and  hospitalization  insurance  benefit  or  any  combina- 
tion of  such  benefits  for  regular  employees  of  the  county  and  their  de- 
pendents under  which  plan  said  employees  agree  to  pay  the  premiums. 
In  such  case  the  county  treasurer  is  authorized  to  withhold  from  the  com- 
pensation of  such  employees  Who  agree  to  such  plan  the  amount  of  the 
premiums  and  pay  over  the  same  to  the  company  furnishing  such  benefits. 

140:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  141. 

AN  ACT  RELATIVE  TO  LEGISLATIVE  ATTACHES. 

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

141:1  House  of  Representatives.  Amend  RSA  14:'25  (supp)  as 
amended  by  1957,  314:2  and  1961,  280:4  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  14:25  Legislative  Service  As- 
sistants. The  compensation  of  the  legislative  service  assistants  of  the 
house  of  representatives  shall  be  as  follows:  For  the  chief  assistant  twelve 
dollars  and  fifty  cents  a  day,  provided,  that  for  every  five  regular  sessions 
of  service,  an  additional  one  dollar  a  day  shall  be  added;  for  other  assist- 
ants ten  dollars  and  fifty  cents  for  the  first  session  of  service,  and  fifty  cents 
a  day  additional  for  each  succeeding  session  of  service,  provided,  that  for 
every  five  regular  sessions  of  service  an  additional  one  dollar  a  day  shall 
be  added;  each  for  six  days  a  week. 

141:2  Assistants  of  Senate.  Amend  RSA  14:25-a  (supp)  as  inserted 
by  1961,  280:5,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  14:25-a  Senate  Legislative  Service  Assistants.  The  com- 
pensation of  the  legislative  assistants  of  the  senate  shall  be  as  follows:  For 
the  chief  assistant  thirteen  dollars  a  day,  provided,  that  for  every  five  regu- 
lar sessions  of  service,  an  additional  one  dollar  a  day  shall  be  added;  for 
other  assistants  ten  dollars  and  fifty  cents  a  day  for  the  first  session  of  serv- 


1963]  Chapter  142  123 

ice,  and  fifty  cents  a  day  additional  for  each  succeeding  session  of  service, 
provided,  that  for  every  five  regular  sessions  of  service  an  additional  one 
dollar  a  day  shall  he  added;  each  for  six  days  a  week. 

141:3  House  Mileage  Clerk.  Amend  RSA  14:27  (supp)  as  amended 
by  1957,  314:3  and  1961,  280:8,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  14:27  Mileage  Clerk.  The  compensation 
of  the  mileage  clerk  of  the  house  of  representatives  shall  be  as  follows: 
eleven  dollars  a  day  for  the  first  session  of  service  and  fifty  cents  a  day 
additional  for  each  succeeding  session  of  service,  provided,  that  for  every 
five  regular  sessions  of  service  an  additional  one  dollar  a  day  shall  be 
added;  each  for  six  days  a  week, 

141:4  Legislative  Attaches.  Amend  RSA  14  by  adding  after  section 
24-a  (supp)  as  inserted  by  1961,  280:3  the  following  new  section:  14:24-b 
Longevity.  Any  attache  named  in  sections  24  and  24-a  who  shall  have 
served  as  legislative  attache  for  five  regular  sessions  of  service  shall  be 
entitled,  in  addition  to  the  salary  provided  therein,  an  additional  fifty 
cents  a  day  for  each  additional  five  sessions  of  service;  each  for  six  days  a 
week. 

141:5   Takes  Effect.   This  act  shall  take  effect  as  of  January  2,  1963. 
[Approved  June  19,  1963.] 
[Effective  as  of  January  2,  1963.] 


CHAPTER  142. 

AN  ACT  RELATIVE  TO  SERVICE  FEES  FROM  INITIAL  PLATES. 

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

142:1  Service  Fees.  Amend  RSA  262: 1-a  (supp),  as  inserted  by  1957, 
292:1,  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 262: 1-a  Driver  Training.  The  proceeds  from  service  fees  for 
initial  number  plates  collected  in  accordance  with  RSA  260:10-a,  as  in- 
serted by  1957,  8:1,  after  costs  of  plates  and  issuance  of  same  have  been 
appropriated  and  deducted,  shall,  subject  to  budgetary  requirements  of 
RSA  9,  be  expended  solely  for  courses  of  instruction  and  training  in  safe 
motor  vehicle  driving  conducted  in  or  under  the  supervision  of  secondary 
schools.  Subject  to  final  approval  by  the  governor  and  council,  the  director 
of  the  division  of  motor  vehicles  shall  promulgate  and  publish  rules  and 
regulations  governing  the  courses  of  instruction  and  training  and  deter- 
mining eligibility  of  secondary  schools  to  receive  monies  from  said  initial 
plate  fund.  All  unexpended  appropriations  at  the  end  of  each  fiscal  year 
shall  lapse  to  the  highway  fund  as  provided  for  other  motor  vehicle  fees 
in  RSA  6:12. 


124  Chapter  143  [1963 

142:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  19,^963.] 
[Effective  date  June  19,  1963.] 


CHAPTER  143. 

AN  ACT  PROVIDING  FOR  THE  CALLING  OF  A  CONSTITUTIONAL  CONVENTION. 

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

143:1  Constitutional  Election.  At  the  election  in  the  several  towns 
to  be  holden  on  the  second  Tuesday  of  March,  1964,  and  at  a  special 
election  in  the  several  cities  to  be  holden  on  the  same  day,  delegates  to  a 
convention  to  revise  the  constitution  shall  be  chosen  and  an  article  there- 
for shall  be  inserted  in  the  warrants  calling  said  meetings  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  election  of  delegates  except 
as  otherwise  provided  in  RSA  68-A. 

143:2  Date  of  Convention.  The  date  of  the  convention  herein  pro- 
vided for  shall  be  the  second  Wednesday  of  May,  1964,  at  1 1  a.m. 

143:3  Application  of  Laws.  The  provisions  of  RSA  68-A  shall  apply 
to  the  convention  held  under  the  provisions  hereof. 

143:4  Appropriation.  The  sum  of  one  hundred  thousand  dollars  is 
hereby  appropriated  for  paying  the  expenses  of  said  convention  and  the 
governor  is  authorized  to  draw  his  warrant  for  said  sum  out  of  any  money 
in  the  treasury  not  otherwise  appropriated. 

143:5   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  19, '1963.] 
[Effective  date  January  1,  1964.] 


CHAPTER  144. 

AN  ACT  RELATING  TO  INVESTMENTS  OF  SAVINGS  BANKS. 

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

144:1  Savings  Rank  Investments.  Amend  paragraph  IV  of  RSA 
387:5  (supp)  as  amended  by  1955,  214:17  by  striking  out  the  word  "non- 
corporate" so  that  said  paragraph  as  amended  shall  read  as  follows:    IV. 


1963]  Chapter  145  125 

Unsecured.  Notes  with  two  or  more  signers,  or  one  or  more  endorsers,  or 
notes  of  makers  whose  net  worth  is  not  less  than  two  hundred  and  fifty 
thousand  dollars.  No  savings  bank  shall  invest  under  this  paragraph, 
except  in  notes  with  two  or  more  signers,  or  one  or  more  endorsers,  unless 
its  guaranty  fund  is  full  and  unimpaired  and  the  total  value  of  its  assets 
as  determined  by  the  commissioner  exceeds  the  amount  of  its  deposits  by 
at  least  ten  per  cent.  A  bank  which  takes  under  this  paragraph  a  note 
payable  on  demand  shall  demand  payment  of  said  note  not  later  than  one 
year  from  the  date  thereof,  but  may  accept  a  new  note  in  payment  of  such 
demand  note. 

144:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  145. 

AN  ACT  RELATIVE  TO  REPORTING  CERTAIN  SHORTAGES  OF  FUNDS. 

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

145:1  Institutions  under  Bank  Commissioner.  Amend  RSA  384  by 
inserting  after  section  35  (supp),  as  inserted  by  1961,  136:2,  the  following 
new  sections:  384:36  Report  of  Shortages  to  Bank  Commissioner.  Every 
shortage  in  funds  of  five  hundred  dollars  or  more  in  any  banking  or  lend- 
ing institution  under  the  supervision  of  the  bank  commissioner,  shall, 
within  three  banking  days  following  day  of  discovery,  be  reported  in 
writing  to  the  bank  commissioner  by  the  treasurer  of  the  institution  in  or 
with  respect  to  which  any  such  shortage  occurs,  or  in  the  absence  of  said 
officer  by  the  officer  performing  his  duties.  384:37  Penalty.  Any  person 
who  wilfully  violates  the  provisions  of  section  384:36  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  dollars  and  not  more  than  one 
thousand  dollars. 

145:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


125  Chapter  146  [1963 

CHAPTER  146. 

AN  ACT  REQUIRING  REGISTRATION  FOR  PHYSICAL  THERAPISTS. 

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

146:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  328  the 
following  new  chapter: 

Chapter  328-A 

Physical  Therapy 

328-A:  1  Definitions.  In  this  act,  unless  the  context  otherwise  re- 
quires: 

I.  "Physical  therapy"  or  physiotherapy  means  the  treatment  of  any 
disability,  injury  or  disease  by  the  use  of  the  physical,  chemical  and  other 
properties  of  heat,  light,  water,  electricity,  massage,  and  therapeutic  ex- 
ercise which  include  physical  rehabilitation  procedures.  The  use  of  roent- 
gen rays  and  radium  for  diagnostic  and  therapeutic  purposes,  and  the  use 
of  electricity  for  surgical  purposes,  including  cauterization,  are  not  au- 
thorized under  the  term  "physical  therapy"  as  used  in  this  act. 

II.  "Physical  therapist"  means  a  person  who  practices  physical  ther- 
apy, but  shall  not  include  assistants  and  aides  employed  in  recognized 
hospitals  under  the  supervision  of  a  registered  physical  therapist. 

III.  "Board"  means  the  board  of  registration  in  medicine. 

328-A:2  Registration  Required.  From  and  after  the  effective  date  of 
this  act,  no  person  shall  practice,  nor  hold  himself  out  as  being  able  to 
practice  physical  therapy,  nor  call  himself  or  use  any  letters  designating 
himself  to  be  a  physiotherapist  or  physical  therapist  in  this  state  unless 
he  is  registered  or  otherwise  licensed  in  accordance  with  the  provisions 
hereof;  provided,  however,  that  nothing  herein  shall  prohibit  any  person 
registered  or  otherwise  licensed  in  this  state  under  any  other  act  from 
engaging  in  the  practice  for  Avhich  he  is  registered  or  otherwise  licensed. 
There  is  hereby  excluded  from  the  provisions  of  this  act  all  persons,  firms 
or  corporations  who  operate  and  maintain  so-called  health  centers  or 
similar  institutions  and  who  do  not  diagnose  or  treat  disease  but  admin- 
ister massage  or  provide  supervised  exercise  or  engage  in  other  similar 
activities  the  purpose  or  function  of  which  is  weight  control  or  bodily 
relaxation  or  conditioning. 

328-A:3  Conditions  of  Registration.  To  be  eligible  for  registration 
by  the  board  as  a  physical  therapist,  an  applicant  must:  (a)  be  a  citizen  of 
the  United  States,  or  have  filed  a  declaration  of  intention  to  become  a 
citizen;  (b)  be  at  least  twenty-one  years  of  age;  (c)  be  of  good  moral  char- 
acter; (d)  have  completed  an  approved  course  in  physical  therapy  in  a 


1963]  Chapter  146  127 

school  maintaining  at  the  time  of  applicant's  graduation,  a  standard  satis- 
factory to  the  board;  (e)  pass  to  the  satisfaction  of  the  board  an  examina- 
tion conducted  by  it. 

328-A:4  Endorsement.  In  lieu  of  examination  the  board  may,  in  its 
discretion,  register  as  a  physical  therapist,  without  examination,  on  tlie 
payment  of  thirty-five  dollars,  an  applicant  who  has  passed  a  qualifying 
examination  for  physical  therapists  which  is  acceptable  to  the  board  or 
who  is  licensed  under  the  laws  of  another  state  or  territory,  whose  require- 
ments, including  a  written  examination,  the  board  deem  equal  to  those 
in  this  state. 

328-A:5  Examinations.  The  board  shall  hold  examinations  for  ap- 
plicants who  comply  with  the  provisions  of  sections  3  and  13.  The  exam- 
inations shall  be  written  and  shall  be  designed  to  test  the  applicant's 
knowledge  of  anatomy,  chemistry,  kinesiology,  pathology,  physiology, 
physics,  psychology,  physical  therapy  as  applied  to  medicine,  surgery,  and 
psychiatry,  physical  therapy  theory  and  procedures,  medical  ethics,  and 
such  other  subjects  as  the  board  may  deem  useful  in  determining  an  ap- 
plicant's fitness  for  the  practice  of  physical  therapy.  Examinations  s'hall 
be  held  within  the  state,  at  least  once  a  year,  at  such  time  and  place  as 
the  board  shall  determine.  An  applicant  shall  pay  to  the  board  a  fee  of 
twenty-five  dollars  prior  to  the  examination.  An  applicant  who  fails  to 
pass  a  satisfactory  examination  shall  be  entitled  to  one  re-examination 
within  a  period  of  two  years,  without  additional  fee. 

328-A:6  Registration.  The  board  shall  register  as  physical  therapist 
each  applicant  who  proves  to  the  satisfaction  of  the  board  his  fitness  for 
registration  under  the  terms  of  this  act.  It  shall  issue  to  each  person  reg- 
istered a  certificate  of  registration,  which  shall  be  prima  facie  evidence  of 
the  right  of  the  person  to  whom  it  is  issued  to  represent  himself  as  a  reg- 
istered physical  therapist,  subject  to  the  conditions  and  limitations  of  this 
act. 

328-A:7  Renewal  of  Registration.  Applications  for  renewal  of  regis- 
tration shall  be  filed  on  or  before  December  thirty-first  of  each  year  ac- 
companied by  a  fee  of  two  dollars.  All  registrations  issued  under  the  pro- 
visions of  this  act  shall  expire  on  the  thirty-first  day  of  December  each 
year  unless  previously  suspended  or  revoked.  Applications  filed  after  the 
thirty-first  day  of  December  and  before  the  fifteenth  day  of  January  must 
be  accompanied  by  a  fee  of  one  dollar  in  addition  to  the  renewal  fee.  All 
renewal  registrations  granted  between  January  first  and  January  fifteenth, 
inclusive,  shall  be  retroactive  to  January  first.  An  application  for  renewal 
of  registration  after  January  fifteenth  shall  only  be  granted  on  payment 
of  a  fee  of  five  dollars. 

328-A:8  Eligibility,  (a)  Any  person  who  is  a  registered  physical  ther- 
apist in  the  state  on  the  effective  date  of  this  act  is  eligible  for  renewal 


128 


Chapter  146  [1963 


of  registration,  (b)  Any  person  not  currently  registered  in  this  state  or  in 
any  other  state,  but  who  has  regularly  engaged  in  the  practice  of  physical 
therapy  in  this  state  and  who  has  been  a  continuous  resident  thereof  for 
a  period  of  two  years  prior  to  the  effective  date  of  this  act  may  within 
three  months  after  its  effective  date  apply  for  registration,  in  writing, 
under  oath,  by  submitting  certified  documentary  evidence  of  his  educa- 
tional training  and  practical  experience.  Upon  the  receipt  of  such  evi- 
dence, together  with  satisfactory  references  as  to  his  moral  character, 
personal  habits,  and  professional  ability  which  the  board  may  require, 
there  shall  be  issued  a  certificate  of  registration  upon  a  prior  payment  of 
a  fee  of  thirty-five  dollars. 

328-A:9  Revocation  and  Suspension  of  Registration.  The  board, 
after  hearing,  may  suspend  or  revoke  the  registration  of  any  registrant 
who  has  obtained  it  by  fraudulent  means,  who  is  mentally  or  morally  un- 
fit, who  has  been  convicted  of  any  crime  punishable  by  imprisonment  in 
the  state  prison,  who  is  guilty  of  malpractice  or  gross  misconduct  in  the 
practice  of  his  profession  as  such  registrant,  or  whose  moral  character  or 
personal  habits  are  such  as  to  unfit  him  for  the  practice  of  physical  ther- 
apy; or  who  has  treated  or  undertaken  to  practice  independent  of  the 
prescription,  direction,  and  supervision  of  a  person  licensed  in  this  state 
to  practice  medicine.  Reasonable  notice  of  a  proceeding  to  suspend  or 
revoke  the  registration  of  a  registrant  shall  be  given.  The  notice  shall 
contain  also  the  cause  alleged  against  him  and  the  time  and  place  of  the 
hearing. 

328-A:10  Summons;  Oath.  The  board  shall  have  the  power  to  sub- 
poena witnesses  and  administer  oaths  in  any  hearing  with  respect  to  sus- 
pension and  revocation  of  registration,  and  to  compel,  by  subpoena  duces 
tecum,  the  production  of  papers  and  records. 

328-A:ll  Witnesses.  Witnesses  summoned  before  the  board  shall  be 
paid  the  same  fees  as  witnesses  summoned  to  appear  before  the  superior 
court,  and  such  summons  issued  by  any  justice  of  the  peace  shall  have 
the  same  effect  as  though  issued  for  appearance  before  such  court. 

328-A:12  Practice  of  Registered  Physical  Therapists.  A  person  reg- 
istered under  this  act  as  a  physical  therapist  shall  not  treat  human  ail- 
ments by  physical  therapy  or  otherwise  except  under  the  prescription  and 
supervision  of  a  person  licensed  to  practice  medicine.  Nothing  in  this 
act  shall  be  construed  as  authorizing  a  registered  physical  therapist  to 
practice  medicine,  osteopathy,  chiropractic,  or  any  other  form  or  method 
of  healing  except  physical  therapy. 

328-A:13  Foreign  Trained.  A  physical  therapist  trained  in  a  foreign 
country  and  who  has  graduated  from  a  school  of  physical  therapy,  recog- 
nized by  the  board,  and  who  lacks  acceptable  previous  experience  in  any 
of  the  United  States,  may  be  granted  a  restricted  permit  to  practice  physi- 
cal   therapy   for   twelve   months  under   the  supervision   of  a  registered 


1963]  Chapter  146  129 

physical  therapist  or  physician  in  an  institution  approved  by  the  board, 

after 

tion. 


after  which  time  he  will  be  eligible  to  take  the  examination  for  certifica 


328-A:14  Powers  and  Duties  of  Board.  The  board  is  authorized  to 
adopt  reasonable  rules  and  regulations  to  carry  this  act  into  effect  and 
may  amend  and  revoke  such  rules  and  regulations  at  its  discretion.  The 
board  shall  keep  a  record  of  its  proceedings  under  this  act  and  a  register 
of  all  persons  registered  under  it.  The  register  shall  show  the  names  of 
every  living  registrant,  his  last  known  place  of  business  and  last  known 
place  of  residence,  and  the  date  and  number  of  his  registration  and  cer- 
tificate, as  a  registered  physical  therapist.  The  board  shall  once  each  year 
compile  a  list  of  registered  physical  therapists.  All  fees  collected  by  the 
board  under  the  provisions  hereof  shall  be  used  for  the  purposes  of  this 
act. 

328-A:15  Penalties.  Any  person  who  violates  a  provision  of  this 
chapter  or  any  rule  or  regulation  of  the  board  promulgated  hereunder 
shall  be  fined  not  more  than  one  hundred  dollars  or  imprisoned  for  not 
more  than  six  months,  or  both  such  fine  and  imprisonment.  Any  person 
who  shall  knowingly  make  a  false  statement  in  his  application  for  regis- 
tration hereunder  or  in  response  to  any  inquiry  by  the  board  shall  be 
fined  not  more  than  fifty  dollars. 

328-A:16  Advisory  Committee.  There  is  hereby  established  a  com- 
mittee who  shall  serve  in  an  advisory  capacity  to  the  board.  Said  com- 
mittee shall  consist  of  two  physical  therapists,  registered  under  the  laws 
of  this  state,  and  a  physician,  skilled  in  the  practice  of  physical  medicine, 
appointed  by  the  board  biennially  beginning  on  January  first  of  each 
even-numbered  year.  Members  of  said  committee  shall  serve  without 
compensation.  It  shall  be  the  duty  of  said  committee  to  review  all  appli- 
cations for  registration  and  to  make  recommendations  to  the  board  in 
connection  therewith. 

328-A:17  Short  Title  of  Act.  This  act  may  be  cited  as  the  "Physical 
Therapists  Practice  Act." 

146:2  Repeal.  RSA  328  relative  to  physical  therapy  is  hereby  re- 
pealed. 

146:3   Takes  Effect.   This  act  shall  take  effect  on  December  31,  1963. 
[Approved  June  19,  1963.] 
[Effective  date  December  31,  1963.] 


130  Chapter  147  [1963 

CHAPTER  147. 

AN  ACT  RELATING  TO  THE  SCHOOL  TAX  IN  UNINCORPORATED  PLACES,  UNORGAN- 
IZED TOWNS,  AND  TOWNS  WHERE  BY  ACT  OF  THE  LEGISLATURE  THE 
SCHOOL    DISTRICTS    HAVE    BEEN    ABOLISHED    AND   THE 
ABOLITION   OF  CERTAIN  SCHOOL  DISTRICTS. 

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

147:1  State  Board  of  Education.  Amend  paragraph  IV  of  RSA 
186:11  by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following:  IV.  Unorganized  Towns,  Unincorporated  Places,  and  Towns 
where  School  Districts  have  been  Abolished  by  Act  of  the  Legislature. 

Provide  for  the  education  of  all  the  children  residing  in  the  unorganized 
towns,  the  unincorporated  places,  and  the  towns  where  by  act  of  the  legis- 
lature the  school  districts  have  been  abolished  by  establishing  standard 
elementary  schools  in  such  towns  or  places  or  by  furnishing  tuition  and 
board  or  tuition  and  transportation  at  some  approved  public  elementary 
or  high  school  in  another  district. 

147:2  School  Taxes.  Amend  RSA  198:16  (supp)  as  amended  by 
1955,  224:2  by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  198:16  Unorganized  Places.  The  tax  commission  shall  as  of 
April  1,  1964  and  annually  thereafter  assess  against  the  real  and  personail 
estate  in  the  unorganized  towns,  unincorporated  places  or  towns  where 
by  act  of  the  legislature  the  school  districts  have  been  abolished  a  tax  in 
an  amount  equal  to  the  sum  certified  to  it  by  the  department  of  education 
as  provided  in  RSA  198:16-a  together  with  an  overlay  not  exceeding  five 
per  cent  of  such  sum  if  deemed  necessary.  The  unexpended  proceeds 
of  this  tax  and  any  balance  of  the  school  tax  assessed  heretofore  under 
any  provision  of  the  Revised  Statutes  Annotated  pertaining  to  the  assess- 
ment and  collection  of  school  tax  money  in  the  unincorporated  places, 
unorganized  towns,  and  towns  where  by  act  of  the  legislature  the  school 
districts  have  been  abolished  and  the  education  of  the  children  made  the 
responsibility  of  the  state  in  effect  prior  to  the  passage  of  this  act  shall 
constitute  a  fund  credited  to  the  appropriation  of  the  department  of  edu- 
cation available  for  expenditure  by  the  said  department  from  time  to 
time  in  such  amounts  as  may  be  deemed  advisable  by  the  said  department 
exclusively  for  the  education  of  the  children  from  such  unorganized 
towns,  unincorporated  places,  and  towns  where  by  act  of  the  legislature 
the  school  districts  have  been  abolished  and  the  education  of  the  children 
made  the  responsibility  of  the  state.  No  portion  of  such  fund  shall  lapse, 
nor  be  used  for  any  other  purpose  than  as  set  forth  above,  nor  be  trans- 
ferred to  any  other  appropriation.  The  provisions  of  RSA  81  as  amended 
by  1955,  224:1,  and  1961,  106  shall  apply  to  the  collection  and  abatement 
of  the  tax  assessed  hereunder. 


1963]  Chapter  147  131 

147:3  Certification.  Amend  RSA  198  by  inserting  after  section  16 
(supp)  as  amended  by  1955,  224:2,  the  following  new  section:  198:16-a 
Certification  of  School  Expenses.  The  department  of  education  shall  an- 
nually on  or  before  August  first  certify  to  the  tax  commission  the  amount 
of  money  deemed  necessary  to  be  raised  by  taxation  under  the  provisions 
of  RSA  198:16  for  the  education  of  the  children  from  the  unorganized 
towns,  unincorporated  places,  or  towns  where  by  act  of  the  legislature  the 
school  districts  have  been  abolished  and  the  education  of  the  chiWren 
made  the  responsibility  of  the  state. 

147:4  School  Districts  Abolished.  The  school  districts  of  the  towns 
of  Waterville  and  Hart's  Location  are  hereby  abolished.  Any  property  of 
said  districts  consisting  of  schoolhouses,  apparatus,  and  other  property 
which  said  districts  so  abolished  might  lawfully  sell  or  convey  shall  be 
transferred  and  become  the  property  of  the  towns  of  Waterville  and  Hart's 
Location  respectively,  subject  however  to  any  debts  of  the  said  respective 
school  districts.  The  tax  assessed  as  of  April  1,  1963  under  the  provisions 
of  RSA  198:1  by  the  towns  of  Waterville  and  Hart's  Location  shall  be 
credited  to  the  fund  provided  for  by  RSA  198:116  as  amended  by  1955, 
224:2. 

147:5  Federal  Funds.  Amend  RSA  219:25  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  219:25  Unorganized 
Towns  and  Unincorporated  Places.  All  sums  so  apportioned  to  unorgan- 
ized towns  and  unincorporated  places  shall  be  expended  for  the  benefit 
of  the  public  schoo'ls  and  public  roads  in  the  counties  in  which  such  towns 
and  places  are  located,  in  such  m.anner  as  the  governor  and  council  shall, 
after  receiving  the  advice  and  recommendations  of  the  commissioner  of 
public  works  and  highways  and  the  commissioner  of  education  determine 
giving  due  consideration  to  the  expenditure  of  a  portion  of  stich  sums  as 
a  part  payment  toward  the  cost  of  the  education  of  the  children  residing 
in  such  unorganized  towns  and  unincorporated  places  as  provided  for 
under  paragraph  IV  of  RSA  186:11. 

147:6  Temporary  Provisions.  Whereas  under  the  provisions  of  RSA 
198:16  the  tax  commission  shall  annually  assess  a  tax  of  five  dollars  on  the 
certain  property  in  unincorporated  places  and  in  towns  where  the  school 
districts  have  been  abolished,  it  is  the  intent  of  the  ilegislature  that  for 
the  assessment  under  said  section  for  April  1,  1963,  the  tax  shall  be  at  the 
rate  of  two  dollars  instead  of  five  dollars  as  stated  in  said  section.  Other 
than  for  the  change  in  rate  the  provisions  of  RSA  198:16  shall  continue  in 
effect  until  March  31,  1964. 

147:7   Takes  Effect.   The  provisions  of  section  1  shall  take  effect  sixty 
days  after  passage.  The  provisions  of  sections  2,  3  and  5  shall  take  effect 
April  1,  1964.  The  provisions  of  section  4  shall  take  effect  June  30,  1963. 
The  provisions  of  section  6  sha^U  take  effect  upon  passage  of  this  act. 
[Approved  June  19,  1963.] 


132  Chapter  148  [1963 

[Effective  date: 
Section  1  — August  18,  1963 
Sections  2,  3  and  5  —  April  1,  1964 
Section  4  — June  30,  1963 
Section  6  — June  19,  1963.] 


CHAPTER  148. 

AN  ACT  REDUCING  THE  TIME  FOR  THE  PRESENTATION  OF  CLAIMS  IN  THE 
ADMINISTRATION  OF  INSOLVENT  ESTATES. 

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

148:1  Time  of  Application  Reduced.  Amend  RSA  557:2  by  striking 
out  the  words  "one  year"  in  the  first  and  second  lines  and  inserting  in 
place  thereof  the  words,  six  months,  so  that  said  section  as  amended  shall 
read  as  follows:  557:2  —  Late  Application.  If  the  application  is  made 
more  than  six  months  after  the  original  grant  of  administration  it  shall 
be  granted  only  upon  notice  of  the  petition  by  publication,  and  at  the 
discretion  of  the  judge. 

148:2  Time  Reduced.  Amend  RSA  557:7  by  striking  out  the  word 
"six"  in  the  first  line  and  inserting  in  place  thereof  the  word,  three;  by 
striking  out  the  word  "nine"  in  the  first  line  and  inserting  in  place  thereof 
the  word,  six,  so  that  said  section  as  amended  shall  read  as  follows:  557:7 
Presenting  Claims.  A  time,  not  less  than  three  nor  more  than  six  months 
from  the  date  of  the  commission,  shall  be  prescribed  therein  by  the  judge 
for  the  creditors  to  bring  in  and  support  their  claims  against  the  estate. 

148:3  Further  Time  Reduced.  Amend  RSA  557:8  by  striking  out 
the  words  "two  years"  in  the  second  and  third  lines  and  inserting  in  place 
thereof  the  words,  one  year,  so  that  said  section  as  amended  shall  read  as 
follows:  557:8  Extension  of  Time.  For  sufficient  cause  the  judge  may 
allow  further  time  or  times  to  the  creditors,  not  exceeding  in  the  whole 
one  year  from  the  date  of  the  original  commission;  in  which  case  the 
notice  originally  ordered  shall  be  renewed,  and  such  further  notice  given 
as  the  judge  may  order. 

148:4  Maximum  Time  Reduced.  Amend  RSA  557:19  by  striking 
out  the  words  "two  years  have"  in  the  fourth  and  fifth  lines  and  inserting 
in  place  thereof  the  words,  one  year  has,  so  that  said  section  as  amended 
shall  read  as  follows:  557:19  New  Claims.  A  new  claim,  not  exceeding 
twenty  dollars,  may,  with  the  consent  of  the  administrator,  be  inserted, 
if  it  shall  appear  to  the  judge  that  through  accident  or  mistake  of  the 
claimant  it  was  not  presented  to  the  commissioner,  and  that  it  is  a  just 


1963]  Chapter   149  133 

claim,  provided  one  year  has  not  elapsed  since  the  date  of  the  original 
commission. 

148:5    Takes  Effect.    This  act  shall  take  effect  September  1,  1963. 
[Approved  June  19,  1963.] 
[Effective  date  September  1,  1963.] 


CHAPTER   149. 

AN  ACT  RELATIVE  TO  HOUSE  TRAILERS. 

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

149:1  Taxation.  Amend  RSA  72:7-a  (supp)  as  inserted  by  1961,  41:1 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
72:7-a  House  Trailers.  House  trailers,  travel  trailers  and  mobile  homes 
suitable  for  use  for  domestic,  commercial  or  industrial  purposes  are  tax- 
able provided  they  were  brotight  into  the  state  on  or  before  April  first  and 
remain  here  after  June  fifteenth  in  any  year;  provided  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  unin- 
corporated place  for  not  more  than  forty-five  days,  except  for  storage  only, 
shall  be  exempt  from  taxation  hereunder.  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. 

149:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  150. 

AN  ACT  RELATIVE  TO  UNLAWFUL  USE  OF  MOTOR  VEHICLE  OPERATOR'S 

LICENSES. 

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

150:1  Motor  Vehicle  Operators.  Amend  RSA  261  by  inserting  after 
section  22  the  following  new  sections:  261:22-a  Prohibition.  No  person 
shall: 


134  Chapter  151  [1963 

I.  Display  or  cause  or  permit  to  be  displayed  any  revoked,  suspended, 
fictitious  or  fraudulently  altered  operator's  license  or  commercial  license, 

II.  Lend  his  operator's  license  or  commercial  operator's  license  to 
any  other  person  or  knowingly  permit  the  unlawful  use  thereof  by  an- 
other. 

III.  Display  or  represent  as  one's  own  any  operator's  license  or  com- 
mercial operator's  license  not  issued  to  him  by  proper  authority. 

IV.  Fail  or  refuse  to  surrender  to  the  member  of  the  division  of 
motor  vehicles  upon  his  lawful  demand  any  operator's  license  or  com- 
mercial operator's  license  which  has  been  suspended,  revoked  or  can- 
celled. 

V.  Use  a  fictitious  or  false  name  in  any  application  for  an  operator's 
license  or  commercial  operator's  license  or  to  knowingly  make  a  false 
statement,  or  to  knowingly  conceal  a  material  fact  or  otherwise  commit 
a  fraud  in  any  such  application. 

26I:22-b  Penalty.  Whoever  violates  any  of  the  provisions  of  section 
22-a  shall  'be  fined  not  more  than  one  hundred  dollars  or  imprisoned  not 
more  than  six  months. 

150:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  119,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  151. 

AN  ACT  RELATIVE  TO  USE  OF  BOND  PROCEEDS  AND  TEMPORARY  LOANS 
UNDER  MUNICIPAL  FINANCE  ACT. 

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

151:1  Municipal  Finance  Act.  Amend  RSA  33  by  inserting  after 
section  3  the  following  new  section:  33:3-a  Use  of  Bond  Proceeds.  The 
proceeds  of  any  sale  of  bonds  or  notes  shall  be  used  only  for  the  purposes 
for  which  the  loan  was  incurred  except  as  otherwise  authorized  by  this 
section,  provided  however  that  any  premium  received  shall  not  be  used 
to  increase  the  amount  to  be  spent  for  the  purpose  for  which  the  iloan 
was  originally  incurred.  If  after  notes  or  bonds  have  been  issued  and  no 
expenditure  of  the  proceeds  has  been  made  for  the  purpose  or  purposes 
for  which  the  debt  was  incurred,  or  if  a  balance  remains  after  the  com- 
pletion of  the  project  or  projects  for  which  the  debt  was  authorized,  a 
city  by  a  vote  of  two-thirds  of  the  city  council  or  a  town,  school  district  or 


1963]  Chapter  151  135 

village  district  by  a  vote  of  two-thirds  of  the  voters  present  and  voting 
at  an  annual  meeting,  and  a  county  by  a  two-thirds  vote  of  all  the  mem- 
bers of  the  county  convention  may  authorize  the  expenditure  of  the  sum 
or  sums  on  band,  including  any  premiums  received,  for  any  purpose  or 
purposes  for  which  bonds  or  serial  notes  may  be  issued  for  an  equal  or 
longer  period  of  time  at  any  time  which  said  sum  or  any  portion  thereof 
remains  available;  provided  however  that  if  the  sum  obtained  by  issu- 
ance of  bonds  or  notes,  as  aforesaid,  or  any  balance  thereof,  induding  any 
premium,  is  not  appropriated  as  aforesaid,  then  the  same  shall  be  used  to 
pay  the  principal  of  the  loan  as  it  matures.  Notwithstanding  the  provi- 
sions hereof,  no  appropriation  for  a  loan  or  balance  thereof  shall  be  made 
which  will  increase  the  amount  available  from  borrowed  money  for  any 
purpose  to  an  amount  in  excess  of  any  limit  imposed  by  general  law  or 
special  act  for  such  purpose. 

151:2  Towns  and  Districts.  Amend  RSA  33:7-a  (supp)  as  amended 
by  1957,  89:1  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  33:7-a  Temporary  Loans.  If  a  municipality  votes  to  issue 
bonds  or  serial  notes  in  accordance  with  this  chapter,  and  if  in  the  opinion 
of  the  tax  commission,  such  action  was  in  accordance  with  the  provisions 
of  law  in  all  respects,  the  officers  authorized  to  issue  the  same  may,  in  the 
name  of  the  municipality,  make  a  temporary  loan  or  loans  payable  not 
later  than  two  years  from  the  date  of  such  vote  in  anticipation  of  the 
money  to  be  derived  from  the  sale  of  such  bonds  or  serial  notes  and  may 
issue  temporary  notes  therefor,  but  the  time  within  which  final  payment 
shall  be  made  on  the  securities  to  be  issued  represented  by  any  such  tem- 
porary iloan  or  loans  shall  not  be  extended  by  reason  of  the  making  of 
such  temporary  loan  or  loans  beyond  the  time  fixed  by  law  or  by  the  vote 
authorizing  the  issue  of  such  bonds  or  serial  notes.  A  temporary  note  or 
notes  issued  hereunder  for  a  shorter  period  than  two  years  may  be  re- 
funded by  the  issue  of  other  temporary  notes  maturing  not  later  than 
two  years  from  the  date  of  such  (vote,  provided  that  if  a  temporary  note 
or  notes  are  issued  under  the  provisions  of  this  section  the  first  payment 
on  account  of  the  principal  sum  authorized  to  be  borrowed  by  the  issu- 
ance of  serial  notes  or  bonds  shall  be  made  not  later  than  two  years  from 
the  date  of  the  vote  authorizing  the  issue  of  such  serial  notes  or  bonds. 
The  opinion  of  the  tax  commission  shall  be  evidenced  by  a  written  certifi- 
cate signed  by  any  member  thereof. 

151:3  Correction  of  Reference.  Amend  RSA  31:13  by  striking  out 
the  figure  "72"  in  the  last  line  and  inserting  in  place  thereof  the  figure,  33, 
so  that  said  section  as  amended  shall  read  as  follows:  31:13  Due  Date; 
Refunding.  The  notes  originally  issued  for  such  loans  shall  be  payable 
not  later  than  the  tenth  day  of  December  following  the  next  annual  tax 
assessment  after  their  issue;  but  by  vote  of  the  city  councils,  or  at  a  legal 
town  or  district  meeting,  such  notes  may  be  renewed  from  time  to  time 
in  whole  or  in  part  pending  determination  of  the  amount  recoverable  on 


136  Chapter  152  [1963 

account  of  the  funds,  or  may  be  refunded  in  whole  or  in  part  (by  the  issue 
of  bonds  of  the  municipality  subject  in  all  other  respects  to  the  provisions 
of  chapter  33. 

151:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  152. 

AN  ACT  RELATIVE  TO  DISTRIBUTION  OF  NORMAL  YIELD  TAXES. 

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

152:1  Forest  Conservation  Purposes.  Amend  RSA  79:14  (supp)  as 
inserted  by  1955,  287:1  by  striking  out  said  section  and  inserting  in  place 
thereof  the  followins::  79:14  Collection  and  Distribution  of  Normal 
Yield  Taxes  and  Bond  and  Debt  Retirement  Taxes  in  Unorganized 
Towns  and  Unincorporated  Places.  The  taxes  assessed  under  sections  3 
and  4  of  this  chapter  in  any  unorganized  town  or  unincorporated  place 
shall  be  collected  by  the  director  of  the  division  of  interest  and  dividends 
of  the  state  tax  commission  and  paid  by  him  to  the  state  treasurer.  The 
director  of  the  division  of  interest  and  dividends  shall  have  the  same 
powers  in  collecting  the  tax  as  are  provided  tax  collectors  under  RSA 
chapter  80.  The  state  treasurer  shall  distribute  the  normal  yield  taxes  in 
the  unorganized  towns  and  unincorporated  places  as  follows:  (a)  to  the 
state  tax  commission  the  cost  of  assessment,  collection  and  any  appeal  in 
the  unorganized  towns  and  unincorporated  places;  (b)  to  the  treasurer  of 
the  county  in  which  such  town  or  place  is  situated,  to  be  credited  against 
its  share  of  the  county  tax,  if  any,  for  the  ensuing  year.  Any  normal  yield 
tax  revenues  remaining  in  the  state  treasury  after  the  above  distributions 
have  been  made  together  with  any  balance  shall  be  for  use  by  the  state 
forester  in  or  for  the  benefit  of  the  place  from  which  the  tax  was  collected. 
The  funds  shall  be  used  for  forest  conservation  purposes  including,  but 
not  limited  to,  the  construction  and  maintenance  of  forest  fire  fighting 
or  detection  facilities  or  access  roads  or  bridges,  fire  prevention  patrols,  fire 
trails,  and  forest  diseases  and  insect  control.  The  director  of  the  division 
of  interest  and  dividends  shall  also  collect  any  unpaid  taxes  assessed  under 
RSA  79  in  unincorporated  places  and  unorganized  towns  under  the 
statute  prior  to  the  enactment  of  this  chapter. 

152:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


1963]  Chapter  153  137 

CHAPTER  153. 

AN  ACT  RELATIVE  TO  TREE  WARDENS. 

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

153:1  Decisions  of  tree  wardens.  Amend  RSA  253:6  by  striking 
out  the  word  "final"  in  the  twelfth  'line  and  inserting  in  place  thereof 
the  ^vords,  stibject  to  review  by  the  selectmen  of  towns  or  the  governing 
bodies  of  cities,  so  that  said  section  as  amended  shall  read  as  follows: 
253:6  Removal  of  Trees.  Whoever  desires  the  cutting  and  removal  in 
whole  or  in  part  of  any  public  shade  or  ornamental  tree  may  apply  to 
the  tree  warden,  who  shall  give  a  public  hearing,  upon  the  application,  at 
some  suitable  time  and  place,  after  publishing  and  posting  notices  of 
the  hearing  in  two  or  more  public  places  in  town  and  also  upon  the  tree 
or  trees  which  it  is  desired  to  cut  and  remove;  provided,  that  the  tree 
^v^arden  may,  if  he  deems  it  expedient,  grant  permission  for  such  cutting 
or  removal.  Avithout  a  hearing,  if  the  tree  in  question  is  on  a  public  way 
outside  of  the  residential  part  of  the  town  limits,  such  residential  part  to 
be  determined  by  him.  No  tree  within  such  residential  limit  shall  be  cut 
by  him,  except  to  trim  it.  or  removed  by  him,  without  such  hearing.  The 
decision  of  the  tree  warden  shall  be  subject  to  review  by  the  selectmen  of 
towns  or  the  governing  bodies  of  cities. 

153:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18, 1963.] 


CHAPTER  154. 

AN  ACT  AMENDING  THE  STATUTE  RELATIVE  TO  TAKING  FISHER. 

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

154:1  Counties  Added.  Amend  RSA  2I0:3-a  (supp)  as  inserted  by 
1961,  147  by  inserting  in  line  4  thereof  after  the  word  "of"  the  following 
words,  Merrimack,  Belknap,  Carroll,  so  that  said  section  as  amended  shall 
read  as  follows:  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  Merrimack,  Belknap,  Carroll,  Strafford 
and  Rockingham.  All  fisher  skins  shall  be  sealed  within  ten  days  after  the 
close  of  said  season  in  the  same  manner  and  at  the  same  fee  as  outlined 
in  section  8.  Whoever  violates  the  provisions  of  this  section  shall  be  fined 


138  Chapter  155  [1963 

not  less  than  ten  dollars  for  the  first  and  not  more  than  fifty  dollars  for 
each  additional  fisher  taken  and  possessed  in  violation  hereof. 

154:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  J 963.] 


CHAPTER  155 

AN  ACT  TO  EXTEND  THE  POWERS  OF  THE  INDUSTRIAL  PARK  AUTHORITY. 

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

155:1  Industrial  Park  Authority.  Amend  RSA  162-A:1  (supp)  as 
inserted  by  1955,  254:1,  and  as  amended  by  1961,  263:10  by  striking  out 
the  second  sentence  and  inserting  in  place  thereof  the  foMowing  sentence: 
It  is  the  purpose  of  this  chapter  to  provide  for  the  establishment  and 
redevelopment  of  such  areas  together  with  adequate  transportation,  water, 
sewage  and  other  necessary  facilities  so  as  to  provide  and  encourage  order- 
ly industrial  and  recreational  development  in  the  best  interests  of  the 
state,  so  that  said  section  as  amended  shall  read  as  follows:  162-A:1  Dec- 
laration of  Need  and  Purpose.  It  is  declared  that  there  is  a  statewide 
need  for  the  development  of  additional  industry,  recreational  facilities 
and  areas  suitable  for  such  development  for  the  preservation  and  better- 
ment of  the  economy  of  the  state  and  its  inhabitants.  It  is  the  purpose  of 
this  chapter  to  provide  for  the  establishment  and  redevelopment  of  such 
areas  together  "with  adequate  transportation,  water,  sewage  and  other 
necessary  facilities  so  as  to  provide  and  encourage  orderly  industrial  and 
recreational  development  in  the  best  interests  of  the  state.  It  is  further 
declared  that  the  industrial  park  authority,  created  hereunder  shall  be 
regarded  as  performing  a  governmental  function  in  carrying  out  the 
provisions  of  this  chapter. 

155:2  Redevelopment  Powers.  Amend  subsection  (4)  of  RSA  162- 
A:6  (supp)  as  inserted  by  1955,  254:6,  by  striking  out  said  subsection  and 
inserting  in  place  thereof  the  following:  (4)  to  develop,  construct  and  re- 
construct facilities,  maintain  and  operate  an  industrial  park  or  parks; 

155:3  Aid.  Amend  RSA  162-A:7  (supp)  as  inserted  by  1955,  254:7, 
and  as  amended  by  1961,  246:4,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  162-A:7  Aid  to  Local  or  Regional  Devel- 
opment Corporation.  The  authority  may  expend  money  upon  such  terms 
and  conditions  as  prescribed  by  the  authority  to  develop  or  redevelop  for 
industrial  use,  real  property  owned  by  any  local  development  corpora- 
tion, association  or  foundation,  regardless  of  the  particular  name  or  man- 


1963]  Chapter  155  139 

ner  of  organization,  provided  it  shaM  have  as  its  primary  function  the 
promotion,  encouragement  and  development  of  industrial  growth.  There 
is  included  in  the  authority  granted  by  this  section  the  right  to  construct 
or  reconstruct  upon  such  property  a  suitable  industrial  building  as  deter- 
mined by  the  authority;  provided,  however,  that  it  shall  not  construct  on 
any  property  the  legal  title  or  leasehold  estate  to  which  is  not  held  by 
the  authority  more  than  one  building  or  structure.  Prior  to  the  expendi- 
ture of  any  moneys  for  the  development  of  such  property  or  the  construc- 
tion or  reconstruction  of  any  building  the  authority  shall  receive  from 
the  local  organization  security  for  the  repayment  of  such  moneys  as  may 
be  expended.  The  security  shall  be  in  such  form  and  amount  as  deter- 
mined by  the  authority  and  shall  include  in  each  instance  the  property 
upon  which  such  development  will  be  made. 

155:4  Additional  Aid.  Amend  RSA  162-A  (supp)  as  inserted  by 
1955,  254  by  inserting  after  section  7  the  following  new  section:  162-A:7-a 
Refunding;  Financing  of  Equipment  and  Machinery.  In  order  to  carry 
out  the  purpose  set  forth  in  section  1  hereof  the  authority  may  loan  or 
expend  money  to  a  local  or  regional  development  corporation  for  the 
purpose  of  refunding  existing  obligations  provided  such  refunding  repre- 
sents a  minor  portion  of  the  total  cost  of  the  project.  The  authority  may 
in  connection  with  any  project  loan  or  expend  money  to  a  local  or  re- 
gional development  corporation  for  the  purpose  of  financing  purchase 
and  installation  of  any  equipment  or  machinery  provided  the  total  cost  of 
such  equipment  or  machinery  shall  be  a  minor  portion  of  the  total  cost 
of  the  project. 

155:5  Increase  in  Debt  Limitation.  Amend  RSA  162-A:  12  (supp)  as 
inserted  by  1955,  254:12,  and  as  amended  by  1957,  237:1,  1959,  142:'l  and 
1961,  263:12,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  162-A:  12  Debt  Limitation.  The  authority  shall  not  issue 
its  notes  or  bonds  as  provided  by  this  act  at  any  one  time  in  an  amount 
exceeding  five  million  dollars,  of  which  amount  not  more  than  four  mil- 
lion dollars  shall  be  in  connection  with  industrial  projects  and  not  more 
than  one  million  dollars  shall  be  in  connection  with  projects  for  recrea- 
tional facilities. 

155:6  Guaranty  of  First  Mortgages.  Amend  paragraph  II  of  RSA 
162-A:  14-a  (supp)  as  inserted  by  1961,  246:1,  by  striking  out  said  para- 
graph and  inserting  in  place  thereof  the  following:  II.  The  guaranty 
at  any  given  time  shall  not  exceed  fifty  per  cent  of  the  outstanding  balance 
of  any  mortgage  loan  and  may  be  set  at  less  than  fifty  per  cent  upon  the 
recommendation  of  the  authority. 

155:7    Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  19,  1963.] 
[Effective  date  June  19,  1963.] 


140  Chapter  156  [1963 

CHAPTER  156. 

AN  ACT  RELATIVE  TO  CONTRACT  FOR  LEASING  OF  CONCESSIONS  ON  STATE 

RESERVATIONS. 

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

156:1  Resources  and  Economic  Development.  Amend  RSA  219  by 
inserting  after  section  11  the  following  new  sections:  219:ll-a  Privileges 
and  Concessions.  The  commissioner  of  resources  and  economic  develop- 
ment may  make  contracts  for  the  leasing  of  privileges  and  concessions  on 
state  forests  and  reservations,  for  periods  not  exceeding  five  years.  All 
such  contracts  extending  for  a  period  of  more  than  two  years  or  for  an 
annual  consideration  of  more  than  one  hundred  dollars  shall  be  approved 
by  the  governor  and  council  prior  to  being  effective.  219:ll-b  —  Record- 
ing. All  contracts  made  under  the  provisions  of  section  11 -a,  extending 
for  a  period  of  more  than  one  year  or  for  an  annual  consideration  of  more 
than  one  hundred  dollars,  shall  be  recorded  in  the  registry  of  deeds  in 
the  county,  or  counties,  where  the  lands  to  which  such  contracts  relate 
are  situated. 

156:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  19,  1963.] 
[Effective  date  June  19,  1963.] 


CHAPTER  157. 

AN  ACT  RELATIVE  TO  RANKS  AND  QUALIFICATIONS  OF  PERSONNEL  OF 
DIVISION   OF  STATE  POLICE. 

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

157:1     Division   of  State  Police;   Personnel.    Amend   RSA   106-B:4 

(supp)  as  inserted  by  1961,  166:4  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:  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, 
two  field  officers  with  the  rank  of  captain,  six  troop  commanders  with 
the  rank  of  'lieutenant,  six  assistant  troop  commanders  with  the  rank  of 
sergeant  and  six  corporals-at-large.  Every  police  employee  shall  have  had 
not  less  than  two  years'  service  within  the  division  to  become  eligible  for 
promotion  of  any  type  except  from  probationary  status  to  trooper.  No 
member  of  the  division  shall  be  eligible  for  promotion  in  any  event  un- 
less his  record  is  free  from  the  commission  of  any  major  infraction  of 
divisional  discipline  within  the  last  seven  consecutive  years  of  such  serv- 


1963]  Chapter   158  141 

ice.  In  addition  to  the  foregoing,  the  personnel  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  experience,  as  well  as  the  conduct  and 
manner  of  taking  of  competitive  examinations  for  promotion  within  the 
division. 

157:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  158. 

AN  ACT  RELATIVE  TO  ON-SALE   [AND  OFF-SALE]   PERMITS  FOR  ALCOHOLIC 

BEVERAGES. 

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

158:1  Alcoholic  Beverages.  Amend  RSA  181:4  by  striking  out  in 
line  eight  thereof  the  words  "or  clubs"  and  by  inserting  in  line  eight  after 
the  word  "guests"  the  following,  in  the  case  of  clubs  at  tables  or  over  bars, 
so  that  said  section  as  amended  shall  read  as  follows:  181:4  On-Sale 
Permits.  On-sale  permits  shall  be  issued  only  for  restaurants,  hotels,  or 
clubs.  Such  permits  shall  authorize  the  permittee  to  sell  beverages  for  con- 
sumption on  the  premises  designated  in  the  permit;  in  the  case  of  restau- 
rants, at  public  tables  upon  the  premises  designated  in  the  permit,  but 
only  in  a  room  used  primarily  for  the  serving  and  consumption  of  food, 
or,  when  so  authorized  by  the  commission,  to  assemblages  of  more  than 
six  patrons  in  a  private  room  or  at  a  private  table;  in  the  case  of  hotels,  at 
tables  or  in  rooms  of  guests;  in  the  case  of  clubs  at  tables  or  over  bars.  No 
such  permit  shall  be  issued  for  any  restaurant  or  club  which  has  not  been 
established  and  doing  business  for  at  least  six  months  during  the  calendar 
year  prior  to  the  application  for  such  permit;  provided,  however  that  the 
commission  may,  in  its  discretion,  issue  a  permit  to  a  seasonal  restaurant 
or  club  which  has  been  established  and  doing  business  for  at  least  two 
months  during  the  calendar  year  preceding  the  application.  It  shall  be 
within  the  discretion  of  the  commission  to  issue  to  a  permittee  a  special 
permit  to  sell  beverages. 

158:2  Prohibitions.  Amend  RSA  175:6  by  striking  out  the  words 
"over  a  bar  or"  in  the  eighth  line  so  that  said  section  as  amended  shall 
read  as  follows:  175:6  Prohibited  Sales.  No  licensee,  sales  agent,  nor  any 
other  person,  shall  sell  or  give  away  or  cause  or  permit  or  procure  to  be 
sold,  delivered  or  given  away  any  liquor  or  beverage  to  a  minor,  to  an 


142  Chapter  159  [1963 

habitual  drunkard,  to  an  insane  person,  to  a  person  under  the  influence 
of  liquor,  or  to  any  other  person  to  whom  any  court,  selectman  of  a  town, 
chief  of  police,  overseer  of  the  poor  or  the  commission  shall  prohibit  sale. 
In  no  case  shall  any  section  of  this  title  be  so  construed  as  to  permit  sale 
of  liquor  or  beverages  in  any  so-called  saloon  or  speak-easy. 

158:3  Off-Sale  Permits.  Amend  RSA  176:11  (supp)  as  amended  by 
1963,  50:1  by  inserting  after  the  word  "licenses"  in  the  sixth  line  the 
words,  or  permits,  and  by  inserting  after  the  figure  "9"  in  said  sixth  line 
the  letters  and  figures,  RSA  181:5,  so  that  said  section  as  amended  shall 
read  as  follows:  176:11  Rules  and  Regulations;  Restrictions  on  Sales. 
Said  commission  shall  have  power  to  make  all  necessary  and  proper  rules 
and  regulations  for  carrying  out  the  provisions  hereof,  and  such  rules 
and  regulations  shall  have  the  effect  of  law.  No  sale  of  liquor  or  beverages 
shall  be  made  on  Sundays  or  election  days  while  the  polls  are  open  except 
by  persons  holding  licenses  or  permits  under  the  provisions  of  RSA  178:3, 
4,  6,  7,  9,  RSA  181:5,  provided  that  persons  holding  licenses  under  the 
provisions  of  RSA  178:3  when  making  sales  of  beverages  on  Sundays  or 
election  days  while  the  polls  are  open  shall  sell  only  to  bona  fide  guests 
with  meals  in  the  dining  room  or  in  the  rooms  of  guests  and  except  that 
a  wholesale  permittee  may  sell  and  deliver  beverages  at  any  time  on  elec- 
tion days  for  resale  only.  Liquor  or  beverages  shall  not  be  sold  in  any 
establishment  where  booths  that  are  not  open  at  the  end  or  that  are  more 
than  forty-two  inches  high  are  used  for  serving  patrons.  Costumers  may  be 
erected  and  attached  to  the  ends  of  booths.  Such  costumers  shall  be  of  such 
design  and  constructed  in  such  manner  as  approved  by  the  commission. 

158:4  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  20,  1963.] 
[Effective  date  June  20,  1963.] 


CHAPTER  159. 

AN  ACT  RELATIVE  TO  PITTSFIELD  DAM  ACQUISITION. 

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

159:1  Acquisition.  Notwithstanding  anything  contained  in  or  any 
requirements  of  RSA  48(1,  the  water  resources  board  is  hereby  authorized 
and  empowered  to  accept,  subject  to  the  approval  of  the  attorney  general, 
the  conveyance  of,  title  to,  and  ownership  of  the  Pittsfield  Dam,  so-called, 
on  the  Suncook  River,  in  the  town  of  Pittsfield,  together  with  the  rights 
appurtenant  thereto,  as  a  gift  in  the  name  of  the  state  of  New  Hampshire 
from  the  town  of  Pittsfield,  if  and  when  sufficient  money  is  appropriated 


1963]  Chapter  160  143 

for  the  repair  of  same,  provided  that  such  property  shall  be  free  and  clear 
from  all  prior  taxes  and  liens. 

159:2  Property  not  Subject  to  Taxes.  From  and  after  the  date  of 
acquisition  of  said  dam  by  the  water  resources  board  as  hereinbefore  pro- 
vided, said  dam  and  the  rights  appurtenant  thereto  shall  not  be  subject 
to  taxation. 

159:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  20,  1963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  160. 

AN  ACT  REQUIRING  CERTAIN  MARKING  FOR  SO-CALLED  NATIVE  FARM  PRODUCTS. 

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

160:1  Standards  for  Farm  Products.  Amend  RSA  428  by  inserting 
after  section  4  the  following  new  section:  428:4-a  Use  of  Word  ''Native". 
No  farm  products  sold,  offered  or  exposed  for  sale  or  distribution  in  the 
state  shall  be  labelled  or  described  as  "native"  unless  the  name  of  the  state 
in  which  they  were  grown  or  produced  appears  immediately  after  the 
word  "native".  The  provisions  of  this  section  shall  not  apply  to  eggs. 

160:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  20,  1963.] 
[Effective  date  June  20,  1963.] 


CHAPTER  161. 

AN  ACT  RELATIVE  TO  THE  CONVEYANCE  OF  PART  OF  RYE  HARBOR 
RESERVATION  TO  THE  TOWN  OF  RYE. 

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

161:1  Authority  Granted.  The  governor  and  council  are  hereby 
authorized  to  convey,  or  lease  upon  terms  mutually  agreed  upon,  to  the 
town  of  Rye  some  fifty  acres,  more  or  less,  in  Rye,  a  part  of  the  property 
known  as  Rye  Harbor  Reservation  which  is  now  under  the  administra- 
tion of  the  division  of  parks  in  the  department  of  resources  and  economic 
development,  the  exact  number  of  said  acres  to  be  determined  by  the 


144  Chapter  162  [1963 

governor  and  council.  The  condition  for  the  conveyance  or  leasing  hereby 
authorized  shall  be  that  said  town  of  Rye  shall  use  the  property  for  recrea- 
tion and  other  municipal  purposes. 

161:2  State  Highway  Right-of-Way.  In  the  event  that  the  state  high- 
way department  shall  at  some  future  date  lay  out  a  public  highway  requir- 
ing a  portion  of  the  land  conveyed  by  this  act,  the  town  of  Rye  shall 
provide  such  right-of-way  to  the  state  without  cost  to  the  state. 

161:3   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  20,  1963.] 
[Effective  date  June  20,  1963.] 


CHAPTER  162. 

AN  ACT  RELATIVE  TO  THE  PRACTICE  OF  DENTISTRY  AND  REGISTRATION 

PROVISIONS. 

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

162:1  Biennial  Registration.  Amend  RSA  317:12  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  317:12  Regis- 
tration. Every  person  licensed  to  practice  dentistry  or  dental  hygiene  in 
this  state,  except  as  provided  in  section  12-a,  shall,  in  1964  and  biennially 
in  even-numbered  years  thereafter  on  or  before  April  first,  notify  the 
board  of  his  office  address  on  forms  provided  by  the  board  and  pay  a  fee 
of  five  dollars.  He  shall  also  notify  the  board  promptly  of  any  change  of 
his  business  address  which  may  occur  during  the  period  between  biennial 
registrations. 

162:2  Dentists  and  Dental  Hygienists.  Amend  RSA  3'1 7  by  inserting 
after  section  12  the  following  new  sections:  317: 12-a  Inactive  List.  A 
dentist  or  dental  hygienist  licensed  under  this  chapter,  who  does  not  in- 
tend to  engage  in  the  practice  of  his  profession,  upon  written  request  to 
the  board  may  have  his  name  transferred  to  an  inactive  list  and  shall  not 
be  required  to  register  biennially  or  pay  any  registration  fee  as  long  as 
he  remains  inactive.  Any  dentist  or  dental  hygienist  whose  name  has  been 
included  in  the  inactive  list  as  herein  provided  shall  be  restored  to  active 
status  by  the  board  upon  the  filing  of  a  written  request  with  said  board, 
accompanied  by  the  required  registration  fee  of  five  dollars.  317:12-b 
Notice  o£  Registration.  Biennially  in  each  even-numbered  year,  on  or 
before  the  fifteenth  day  of  February,  the  board  shall  mail  to  each  licensee 
a  notice  of  registration  and  renewal  forms  therefor. 

162:3  Suspension  of  License.  Amend  RSA  317:13  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:   317:13  Neglect 


1963]  Chapter  163  145 

to  Register.  Any  failure,  neglect  or  refusal  on  the  part  of  any  person  li- 
censed by  the  board  to  register  as  provided  in  section  12,  shall  auto- 
matically suspend  such  license.  Licenses  suspended  for  failure  to  register 
shall  not  be  restored  except  after  hearing  before  the  board  and  on  the 
payment  of  a  fee  of  twenty-five  dollars.  The  hearing  may  be  dispensed 
with  on  notice  in  writing  which  is  acceptable  to  the  board. 

162:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  20,  1963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  163. 

AN  ACT  RELATING  TO  THE  SUBDIVISION  OF  LAND. 

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

163:1  Plats.  Amend  RSA  36:19  by  striking  out  the  word  "new"  in 
the  third  line  so  that  said  section  as  amended  shall  read  as  follows:  36:19 
Grant  of  Power  to  Regulate.  A  municipality  may  by  ordinance  or  resolu- 
tion authorize  and  empower  the  planning  board  to  approve  or  disapprove, 
in  its  discretion,  plats  showing  streets,  or  the  widening  thereof,  or  parks, 
and  the  ordinance  or  resolution  thus  empowering  the  planning  board 
shall  make  it  the  duty  of  the  city  clerk,  town  clerk,  clerk  of  district  com- 
missioners, or  other  appropriate  recording  official  to  file  with  the  register 
of  deeds  of  the  county  in  which  the  said  municipality  is  situated  a  certifi- 
cate or  notice  showing  that  the  said  planning  board  has  been  so  author- 
ized, giving  the  date  of  such  authorization. 

163:2  Action  of  Board.  Amend  RSA  36:23  by  striking  out  the  words, 
"the  planning  board  shall  approve  or  disapprove  a  plat  within  thirty 
days  after  the  submission  thereof  to  it"  in  the  first,  second  and  third  lines 
and  inserting  in  place  thereof  the  words.  The  planning  board  shall  con- 
sider any  plat  submitted  to  it  within  thirty  days  and  shall  act  to  approve 
or  disapprove  thereof  within  ninety  days,  so  that  said  section  as  amended 
shall  read  as  follows:  36:23  Board's  Procedure  on  Plats.  The  planning 
board  shall  consider  any  plat  submitted  to  it  within  thirty  days  and  shall 
act  to  approve  or  disapprove  thereof  within  ninety  days;  otherwise  such 
plat  shall  be  deemed  to  have  been  approved,  and  the  certificate  of  the 
municipality,  as  to  the  date  of  submission  of  the  plat  for  approval  and 
the  failure  to  take  action  thereon  within  such  time,  shall  be  issued  on 
demand  and  shall  be  sufficient  in  lieu  Of  the  written  indorsement  or  other 
evidence  of  approval  herein  required;  provided,  however,  that  the  ap- 
plicant for  the  board's  approval  may  waive  this  requirement  and  consent 


146  Chapter  164  [1963 

to  an  extension  of  such  period.  The  ordinance  establishing  the  planning 
board  or  an  ordinance  amending  such  establishing  ordinance  shall  specify 
the  officer  or  employee  of  the  municipality  who  shall  issue  in  its  behalf 
the  certificate  of  failure  on  the  part  of  the  planning  board  to  take  action 
as  aforesaid  in  this  section.  In  case  of  disapproval  of  any  plat  submitted, 
the  ground  for  such  disapproval  shall  be  adequately  stated  upon  the 
records  of  the  planning  board.  Any  plat  submitted  to  the  planning  board 
shall  bear  the  name  and  address  of  the  person  to  whom  notice  of  a  hear- 
ing shall  be  sent;  and  no  plat  shall  be  acted  on  by  the  planning  board 
without  affording  a  hearing  thereon.  Notice  shall  be  sent  to  the  said 
address  by  registered  mail,  with  return  of  receipt  requested,  stating  the 
time  and  place  of  such  hearing,  not  less  than  five  days  before  the  date 
fixed  therefor. 

163:3  Sales  of  Land.  Amend  RSA  36:27  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  36:27  Penalties  for  Trans- 
ferring Lots  in  Unapproved  Subdivisions.  Whoever,  being  the  owner  or 
agent  of  the  owner  of  any  land  located  within  a  subdivision,  transfers  or 
sells  any  land  by  reference  to,  or  exhibition  of,  or  by  other  use  of,  a  plat 
of  a  subdivision,  before  such  plat  has  been  approved  by  the  planning 
board  and  recorded  or  filed  in  the  office  of  the  appropriate  register  of 
deeds  shall  forfeit  and  pay  a  penalty  of  one  hundred  dollars  for  each  lot 
or  parcel  so  transferred  or  sold;  and  the  description  by  metes  and  bounds 
in  the  instrument  of  transfer  or  other  document  used  in  the  process  of 
selling  or  transferring  shall  not  exempt  the  transaction  from  such  pen- 
alties. Said  municipality,  through  its  solicitor  or  other  official  designated 
by  its  council  may  enjoin  such  transfer  or  sale  or  agreement  and  may 
recover  the  said  penalty  by  civil  action. 

163:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  20,  1963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  164. 

AN  ACT  TO  ESTABLISH  A  FEE  FOR  IMPORTATION  OF  FISH  AND  GAME. 

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

164:1  Fish  and  Game.  Amend  RSA  207:14  by  striking  out  the  words 
"or  sell"  in  the  second  line  and  inserting  in  place  thereof  the  words,  for 
sale,  and  by  inserting  at  the  end  of  said  section  the  words,  the  fee  for  such 
permit  shall  be  five  dollars,  so  that  said  section  as  amended  shall  read  as 
follows:   207:14  Importing  and  Releasing.   No  person  shall  bring  or  have 


1963]  Chapter  165  147 

brought  into  this  state,  for  sale  or  release  therein,  from  any  other  state 
or  country,  any  living  fish  or  the  fry  thereof,  any  living  wild  ibird  or  the 
eggs  thereof,  or  any  living  wild  animal,  without  first  procuring  a  permit 
from  the  director  so  to  do.  The  fee  for  such  permit  shall  be  five  dollars. 

164:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  20,  1963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  165. 

AN  ACT  TO  AMEND  CERTAIN  PROBATE  LAWS. 

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

165:1  Enlarge  Matter  Not  Requiring  Notice.  Amend  paragraph  V 
Cfi  RSA  550:4  by  striking  out  in  line  two  the  word  "two"  and  inserting  in 
place  thereof  the  word,  five,  so  that  said  paragraph  as  amended  shall  read 
as  follows:  V.  In  licensing  the  sale  of  real  estate  whenever  the  heirs  at 
law  or  devisees  consent  thereto  in  writing,  or  it  is  of  less  than  five  hundred 
dollars  in  value. 

165:2  New  Paragraphs.  Amend  RSA  550:4  by  inserting  after  para- 
graph XIII  (supp)  as  inserted  by  1957,  167:2  the  following  new  para- 
graphs: XIV.  In  allowing  the  payment  of  a  sum  not  exceeding  five  hun- 
dred dollars  for  the  perpetual  care  of  a  cemetery  lot  and  the  monuments 
thereon  where  the  decedent  is  buried.  XV.  When  an  accounting  is  filed 
by  a  guardian  who  is  a  parent  of  or  a  person  standing  in  loco  parentis  to 
a  minor  having  his  home  with  such  guardian. 

165:3  Authority  To  Guardian  Ad  Litem.  Amend  RSA  550:13  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
550:13  Dispensation  of  Notice.  The  notice  required  to  be  given  to  any 
person  in  any  proceeding  may  be  dispensed  with  upon  written  assent  by 
such  person  to  such  proceeding  or  upon  his  written  waiver  of  such  notice. 
A  duly  appointed  guardian  ad  litem  may  give  assent  or  waive  notice  as 
aforesaid. 

165:4  Maximum  Increased.  Amend  RSA  561:20  by  striking  out  in 
lines  4  and  5  thereof  the  words  "seven  hundred"  and  inserting  in  place 
thereof  the  words,  one  thousand,  so  that  said  section  as  amended  shall 
read  as  follows:  561:20  Minors  Not  Under  Guardianship.  Whenever  any 
minor  not  being  under  legal  guardianship  shall  be  entitled  to  receive 
from  any  administrator  or  executor  any  distributive  share  as  heir  or  next 


148  Chapter  165  [1963 

of  kin,  or  any  legacy,  the  full  amount  of  which  share  or  legacy  is  not  more 
than  one  thousand  dollars,  said  administrator  or  executor,  upon  petition 
to  and  approval  of  the  probate  court  shall  pay  said  sum  to  the  parents  of 
said  minor,  if  iboth  are  living,  or  to  the  surviving  parent  if  one  parent  is 
deceased,  or  to  the  parent  or  other  person  having  custody  of  said  minor, 
if  the  parents  are  divorced,  or  to  a  person  standing  in  loco  parentis  to 
said  minor,  if  both  parents  are  deceased,  and  the  receipt  of  said  parents 
or  parent,  or  other  person  shall  be  filed  and  accepted  by  the  probate  court 
in  discharge  of  the  administrator's  or  executor's  liability  therefor  in  the 
same  manner  and  effect  as  though  said  parents  or  parent  or  other  person 
had  been  legally  appointed  guardian  by  the  probate  court.  Publication 
of  notice  upon  the  petition  to  the  probate  court  shall  not  be  required 
unless  ordered  by  the  court. 

165:5  No  Sureties  Required.  Amend  RSA  462:3  by  adding  at  the 
end  thereof  the  following,  In  the  discretion  of  the  judge  of  probate  a 
bond  without  sureties  may  be  given  if  the  gross  value  of  the  ward's  estate 
does  not  exceed  twenty-five  hundred  dollars  or  the  guardianship  is  only 
of  the  person  of  a  minor,  so  that  said  section  as  amended  shall  read  as 
follows:  462:3  Bond.  Every  other  guardian  shall  give  bond  to  the  judge 
of  probate  in  a  reasonable  sum,  with  sufficient  sureties,  upon  condition, 
among  other  things,  to  return  an  inventory,  to  render,  upon  oath,  a  true 
and  just  account  of  his  guardianship,  when  thereto  required,  and  to  faith- 
fully discharge  his  trust.  In  the  discretion  of  the  judge  of  probate  a  bond 
without  sureties  may  be  given  if  the  gross  value  of  the  ward's  estate  does 
not  exceed  twenty-five  hundred  dollars  or  the  guardianship  is  only  of 
the  person  of  a  minor. 

165:6     Guardians   of   Persons   Not   Subject   to   Certain   Provisions. 

Amend  RSA  463:!l9  (supp),  as  inserted  by  1959,  95:5,  by  adding  at  the 
end  thereof  the  following:  Such  guardian  shall  not  be  subject  to  any  of 
the  provisions  of  RSA  462  which  apply  to  the  estates  of  wards,  so  that  said 
section  as  amended  shall  read  as  follows:  463:19  Duties.  Every  guardian 
of  the  person  of  a  minor  shall  inculcate  habits  of  sobriety  and  industry 
in  his  ward,  and  may  employ  him  in  any  suitable  labor.  Such  guardian 
shall  not  be  subject  to  any  of  the  provisions  of  RSA  462  which  apply  to 
the  estates  of  wards. 

165:7  Use  of  Minor's  Funds.  Amend  RSA  463  by  adding  after  sec- 
tion 23  thereof  the  following  new  section:  463:23-a  Purchase  of  Home- 
stead. The  judge,  on  petition  after  notice,  may  authorize  the  guardian 
of  a  minor  to  purchase  with  his  ward's  funds  real  estate  situate  in  the  state 
as  a  home  for  him,  provided  such  guardian  complies  with  the  require- 
ments set  forth  in  RSA  464:14  and  15. 

165:8  Personal  Attendance  Not  Required,  Amend  RSA  chapter  554 
by  striking  out  section  27  and  inserting  in  place  thereof  the  following: 
554:27   Attendance  Excused.   Any  person  appointed  as  executor,  adminis- 


1963]  Chapter   166  149 

trator,  trustee  or  guardian  by  the  probate  court,  who  shall  hold  an  ap- 
pointment to  the  same  office  from  a  court  in  another  state  or  territory  of 
competent  jurisdiction  at  least  equivalent  to  that  of  probate  courts  in  this 
state,  or  who  shall  be  a  non-resident  of  this  state,  may,  at  the  discretion 
of  the  judge,  have  his  accoimts  approved  and  allowed  in  the  probate 
courts  of  this  state  without  his  personal  attendance;  and  the  judge  may 
receive,  as  evidence  in  support  of  such  accounts,  affidavits  or  depositions 
in  such  form  as  he  may  approve,  or  duly  certified  copies  of  any  accounting 
made  by  such  executor,  administrator,  trustee  or  guardian  in  such  other 
state  or  territory.  For  good  and  sufficient  cause  shown,  the  judge  may 
approve  and  allow  the  account  of  a  resident  fiduciary,  which  has  been 
subscribed  and  sworn  to  before  a  justice  of  the  peace  or  notary  public, 
without  the  personal  attendance  of  the  accountant. 

165:9  Change  In  Manner  of  Distributing.  Amend  RSA  559  by  strik- 
ing out  section  6  and  inserting  in  place  thereof  the  following:  559:6  Dis- 
tribution of  Proceeds.  The  proceeds  of  any  sale  made  under  such  license 
shall  be  accounted  for  and  distributed  as  provided  in  section  19  of  this 
chapter. 

165:10  Repeal.  RSA  462:3-a  (supp),  as  inserted  by  1959,  112;  RSA 
462:26,  464:16  and  RSA  559:12  are  hereby  repealed. 

165:11  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  pas- 
sage. 

[Approved  June  20, 4963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  166. 

AN  ACT  AUTHORIZING  INDEMNIFICATION  AGREEMENTS  WITH  THE 

UNITED  STATES. 

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

166:1  Indemnification  Agreements.  Amend  RSA  124:4  by  inserting 
at  the  end  thereof  the  following  sentence:  In  addition  to  such  other  in- 
struments, documents  and  agreements  as  may  be  executed  hereunder, 
such  persons  or  agencies  may,  whenever  the  same  shall  be  required  as  a 
condition  to  the  receipt  of  such  federal  assistance,  with  the  approval  of 
the  governor  and  council  execute  indemnification  agreements  in  the 
name  of  the  state  with  and  for  the  benefit  of  the  United  States,  so  that 
said  section  as  amended  shall  read  as  follows:  124:4  Application  for,  and 
Administration  of.  Notwithstanding  any  other  provision  of  law,  the  gov- 
ernor and  council  are  hereby  authorized  to  designate  from  time  to  time, 


150  Chapter  167  [1963 

as  they  may  deem  in  the  best  interest  of  the  state,  the  proper  persons  or 
agencies  in  the  state  government  to  take  all  necessary  action  to  apply  for, 
receive  and  administer  any  federal  benefits,  facilities,  grants-in-aid,  or 
other  federal  appropriations  or  services  made  available  to  assist  state 
activities,  for  which  the  state  is,  or  may  become  eligible.  In  addition  to 
such  other  instruments,  documents  and  agreements  as  may  be  executed 
hereunder,  such  persons  or  agencies  may,  whenever  the  same  shall  be  re- 
quired as  a  condition  to  the  receipt  of  such  federal  assistance,  with  the 
approval  of  the  governor  and  council  execute  indemnification  agree- 
ments in  the  name  of  the  state  with  and  for  the  benefit  of  the  United 
States. 

166:2   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  its  pas- 
sage. 

[Approved  June  20,  1963.] 
[Effective  date  August  19,  1963.] 


CHAPTER  167. 

AN  ACT  RELATIVE  TO  STATE  GUARANTEE  OF  MUNICIPAL  BONDS  AND 
WATER  POLLUTION   PROJECTS. 

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

167:1  Water  Pollution  Projects.  Amend  RSA  149:5  (supp)  as 
amended  by  1957,  213:2  and  il 961,  182:1  by  striking  out  the  word  "fifteen" 
in  the  fifth  line  and  inserting  in  place  thereof  the  word,  twenty-five,  and 
by  inserting  after  the  word  "guarantee"  in  the  eleventh  line  the  words, 
the  outstanding  amount  of  principal  and  interest  on  such  bonds  and 
notes,  the  payment  of  which  has  been  guaranteed  by  the  state  under  the 
provisions  of  this  section,  shall  at  no  time  exceed  the  amount  of  twenty- 
five  million  dollars,  so  that  said  section  as  amended  shall  read  as  follows: 
5  State  Guarantee.  In  view  of  the  general  public  benefits  resulting  from 
the  elimination  of  pollution  from  the  public  waters  of  the  state,  the  gov- 
ernor and  council  are  authorized  in  the  name  of  the  state  of  New  Hamp- 
shire to  guarantee  unconditionally,  but  at  no  time  in  excess  of  the  total 
aggregate  sum  for  the  entire  state  of  twenty-five  million  dollars,  the  pay- 
ment 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  mu- 
nicipality, town,  city,  county,  or  district  for  construction  of  sewage  sys- 
tems, 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  guarantee.  The  outstanding  amount 
of  principal  and  interest  on  such  bonds  and  notes,  the  payment  of  which 


1963]  Chapter  168  151 

has  been  guaranteed  by  the  state  under  the  provisions  of  this  section,  shall 
at  no  time  exceed  the  amount  of  twenty-five  million  dollars.  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  advertisement  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  event  of  default  in  pay- 
ment 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. 

167:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  168. 

AN  ACT  AUTHORIZING  THE  ESTABLISHMENT  OF  CONSERVATION  COMMISSIONS 

BY  CITIES  AND  TOWNS. 

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

168:1  Establishment  Authorized.  Amend  RSA  by  inserting  after 
chapter  36  the  following  new  chapter: 

Chapter  36-A 

Conservation  Commissions 

36-A:l  Method  of  Adoption.  Any  city  by  vote  of  its  city  council, 
and  any  town  at  any  duly  warned  meeting,  may  adopt  the  provisions  of 
this  chapter. 

36-A:2  Conservation  Commission.  A  city  or  town  which  accepts  the 
provisions  of  this  chapter  may  establish  a  conservation  commission,  here- 
inafter called  the  commission,  for  the  promotion  and  development  of  the 
natural  resources  and  for  the  protection  of  watershed  resources  of  said 
city  or  town.  Such  commission  shall  conduct  researches  into  its  local  land 
areas  and  shall  seek  to  coordinate  the  activities  of  unofficial  bodies  organ- 
ized for  similar  purposes,  and  may  advertise,  prepare,  print  and  distribute 
books,  maps,  charts,  plans  and  pamphlets  which  in  its  judgment  it  deems 
necessary  for  its  work.  It  shall  keep  an  index  of  all  open  areas  within  the 
city  or  town,  as  the  case  may  be,  with  the  plan  of  obtaining  information 
pertinent  to  proper  utilization  of  such  open  areas,  including  lands  owned 
by  the  state  or  lands  owned  by  a  town  or  city.  It  shall  keep  an  index  of 
all  open  marshlands,  swamps  and  all  other  wet  lands  in  a  like  manner, 


152  Chapter  168  [1963 

and  may  recommend  to  the  city  council  or  selectmen  or  to  the  depart- 
ment of  resources  and  economic  development  a  program  for  the  better 
promotion,  development  or  utilization  of  all  such  areas.  It  shall  keep 
accurate  records  of  its  meetings  and  actions  and  shall  file  an  annual  re- 
port which  shall  be  printed  in  the  annual  to^vn  or  municipal  report.  The 
commission  may  appoint  such  clerks  and  other  employees  as  it  may  from 
time  to  time  require. 

36-A:3  Composition  of  Commission.  The  commission  shall  consist 
of  not  less  than  three  nor  more  than  seven  members.  In  cities  the  members 
shall  be  appointed  by  the  mayor,  subject  to  the  provision  of  the  city 
charter,  and  in  towns  they  shall  be  appointed  by  the  selectmen.  When  a 
commission  is  first  established,  terms  of  the  members  shall  be  for  one, 
two  or  three  years,  and  so  arranged  that  the  terms  of  approximately  one- 
third  df  the  members  will  expire  each  year,  and  their  successors  shall  be 
appointed  for  terms  of  three  years  each.  Any  member  of  a  commission  so 
appointed  may,  after  a  public  hearing,  if  requested,  be  removed  for  cause 
by  the  appointing  authority.  A  vacancy  occurring  otherwise  than  by  ex- 
piration of  a  term  shall  be  filled  for  the  unexpired  term  in  the  same 
manner  as  an  original  appointment. 

36-A:4  Powers.  Said  commission  may  receive  gifts  of  money  and 
property,  both  real  and  personal,  in  the  name  of  the  city  or  town,  subject 
to  the  approval  of  the  city  council  in  a  city  or  the  selectmen  in  a  town, 
such  gifts  to  be  managed  and  controlled  by  the  commission  for  the  pur- 
poses of  this  section.  Said  commission  may  acquire  by  gift,  purchase, 
grant,  bequest,  devise,  lease  or  otherwise  the  fee  in  such  land  or  water 
rights,  or  any  lesser  interest,  development  right,  easement,  covenant,  or 
other  contractual  right  including  conveyances  with  conditions,  limitations 
or  reversions,  as  may  be  necessary  to  acquire,  maintain,  improve,  protect, 
limit  the  future  use  of  or  otherwise  conserve  and  properly  utilize  open 
spaces  and  other  land  and  ^vater  areas  within  their  city  or  town,  and  shall 
manage  and  control  the  same,  but  the  city  or  town  shall  not  have  the 
right  to  condemn  property  for  these  purposes. 

36-A:5  Appropriations  Authorized.  For  the  purposes  of  establish- 
ing and  maintaining  a  conservation  commission  to  promote  the  develop- 
ment and  better  utilization  of  our  natural  resources,  as  authorized  by 
section  2,  a  town  or  city  may  appropriate  moneys  as  is  deemed  necessary. 
The  whole  or  any  part  of  money  so  appropriated  in  any  year  may  be 
placed  in  a  conservation  fund  and  allowed  to  accumulate  from  year  to 
year.  Money  may  be  expended  from  said  fund  for  the  purposes  of  this 
chapter. 

36-A:6     Commissioner  of  Resources  and  Economic  Development. 

The  commissioner  of  the  department  of  resources  and  economic  develop- 
ment may  establish  a  program  to  assist,  at  their  request,  the  cities  and 


1963]  Chapter  169  153 

towns  which  have  adopted  the  provisions  of  this  chapter,  in  acquiring 
land  and  in  planning  of  use  and  structures  as  described  in  section  2. 

168:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  169. 

AN  ACT  GRANTING  TENURE  TO  THE  SUPERINTENDENT  OF  THE  STRAFFORD 

COUNTY  FARM. 

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

169:1    Tenure  of  Office.    Amend  RSA  28  by  inserting  after  section 
13    the    following   new   sections:     28:13-a    Superintendent   of   Strafford 

County  Farm.  The  superintendent  of  the  Strafford  county  farm,  now 
known  as  the  Riverside  Rest  Home,  shall  continue  to  hold  such  office 
unless  sooner  removed  from  office  by  the  county  commissioners  after 
notice  and  hearing,  for  malfeasance,  misfeasance,  or  inefficiency  in  office. 
An  order  of  the  county  commissioners  directing  the  removal  of  the  super- 
intendent shall  be  subject  to  an  appeal,  if  request  therefor  be  made  in 
writing  within  ten  days,  to  the  executive  committee  of  the  county  delega- 
tion, which  shall  hear  the  same  and  make  such  order  thereon  as  shall  be 
appropriate.  28:13-b  Filling  Vacancy,  Superintendent  of  Strafford  Coun- 
ty Farm.  In  case  of  a  vacancy  in  the  office  of  superintendent  of  the  Straf- 
ford county  farm,  the  county  commissioners,  with  the  approval  of  the 
executive  committee  of  the  county  delegation,  may  fill  the  same. 

169:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  170. 

AN  ACT  RELATING  TO  EXTRADITION  OF  JUVENILES. 

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

170:1  Extradition  of  Juveniles.  Amend  RSA  169  by  inserting  after 
section  21  the  following  new  section:  169:21-a  Petition  by  County  Attor- 
ney.   If  facts  are  presented  to  the  county  attorney  establishing  that  a 


154  Chapter  171  [1963 

person  under  the  age  of  eighteen  has  been  guilty  of  conduct  which  con- 
stitutes a  felony  or  would  amount  to  a  felony  in  the  case  of  an  adult  and 
if  such  person  is  not  within  the  jurisdiction  of  this  state,  the  county  attor- 
ney may  file  a  petition  with  the  judge  of  the  municipal  court  which  would 
otherwise  have  jurisdiction  under  the  provisions  of  this  chapter.  The 
petition  shall  set  forth  the  nature  of  the  offense  with  which  the  person 
is  charged  and  shall  specify  his  whereabouts  if  known.  On  receipt  of  such 
petition  the  court  may  summarily  order  the  county  attorney  to  proceed 
against  such  person  under  regular  criminal  procedures,  and  without  re- 
gard to  the  provisions  of  this  chapter.  Pending  determination  by  the 
superior  court  as  herein  provided  and  pending  final  disposition  of  the 
matter  such  person  shall  be  bailable  with  sufficient  sureties  as  in  the  case 
of  adults  and  in  default  thereof  may  be  committed  to  the  custody  of  the 
probation  officer  or  detained  at  the  industrial  school  unless  detention 
elsewhere  is  ordered  by  the  superior  court.  The  superior  court  shall  de- 
termine, after  hearing,  whether  such  person  shall  be  treated  as  a  juvenile 
under  the  provisions  of  this  chapter  or  whether  the  case  shall  be  disposed 
of  according  to  regular  criminal  procedures. 

170:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  ,1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  171. 

AN  ACT  RELATIVE  TO  INITIAL  REGISTRATION  PLATES  FOR  BOATS. 

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

171:1    Available  for  Extra  Fee.   Amend  RSA  270  by  inserting  after 
section  15  the  following  new  sections:    270:15-a   Initial  Number  Plates. 

The  director  of  the  division  of  motor  vehicles  of  the  department  of  safety 
is  hereby  authorized  to  design  and  to  issue,  under  such  regulations  as  he 
shall  deem  appropriate,  initial  number  plates  to  be  used  on  iboats  in  lieu 
of  other  number  plates.  Such  number  plates  shall  be  of  such  design  and 
shall  bear  such  letters  or  letters  and  numbers  as  the  director  shall  pre- 
scribe, but  there  shall  be  no  duplication  of  identification.  The  number 
plates  herein  provided  for  shall  be  issued  only  upon  application  therefor, 
and  upon  payment  of  a  service  fee  of  five  dollars,  said  service  fee  to  be  in 
addition  to  the  regular  boat  registration  fee  as  prescribed  by  this  chapter 
for  the  particular  boat.  Upon  issuance  of  the  certificate  of  registration  as 
provided  in  section  15  such  boat  owner  shall  comply  with  all  other  pro- 
visions of  section  15  as  to  such  certificate. 


1963]  Chapter  172  155 

270:15-b  Disposition  of  Fees.  The  net  proceeds  collected  from  the 
service  fees  for  initial  number  plates  as  provided  in  section  15-a  shall  be 
held  in  the  state  treasury  in  a  separate  account  to  be  known  as  the  Young 
Boaters  Training  Fund.  The  director  of  safety  services  is  authorized  to 
establish  a  training  program  for  young  persons  operating  boats  and  to 
expend  for  such  program  funds  from  the  separate  fund  established  here- 
under. Provided,  however,  that  no  funds  shall  be  so  expended  until  after 
March  1,  1964. 

171:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  2(1,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  172. 

AN  ACT  PROVIDING  FOR  THE  JUDICIAL  REVIEW  OF  ORDERS  TRANSFERRING 
INCORRIGIBLES  FROM  INDUSTRIAL  SCHOOL  TO  OTHER  STATE  INSTITUTIONS. 

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

172:1  Transfers  from  Industrial  School.  Amend  RSA  621:24  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
621:24  Incorrigibles,  etc.  If  any  minor  committed  to  the  school  shall  be 
found  by  the  trustees  to  be  incorrigible,  and  dangerous  to  the  discipline 
of  the  school,  the  trustees  may  order  such  minor  to  be  transferred  and 
committed  to  some  other  state  institution  for  such  time  as  they  see  fit,  but 
not  exceeding  the  time  when  his  commitment  to  the  industrial  school 
expires.  The  trustees  shall  cause  an  attested  copy  of  their  order  of  com- 
mitment to  be  served  on  the  minor  and  his  father  or  mother  or  guardian, 
or  other  person  standing  in  loco  parentis,  either  personally  or  iby  certified 
mail,  but  no  defect  or  insufficiency  in  the  service  of  such  copy  shall  in- 
validate the  order  of  commitment.  The  minor,  or  any  interested  person 
in  his  behalf,  may,  within  thirty  days  from  the  entry  of  the  order  of  com- 
mitment, petition  the  superior  court  or  any  justice  thereof  for  a  review 
of  the  findings  and  order  of  commitment  to  determine  whether  the  order 
was  justified.  The  court  or  justice  shall  forthwith  fix  a  time  and  place  for 
hearing,  and  shall  make  such  orders  relative  to  the  giving  of  notice  thereof 
as  may  be  proper,  and  upon  hearing  all  relevant  evidence  such  order  shall 
be  entered  as  justice  may  require. 

172:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


156  Chapter  173  [1963 

CHAPTER  173. 

AN  ACT  TO  REQUIRE  NOTATION  OF  LINE  AGREEMENTS. 

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

173:1  Deeds.  Amend  RSA  472:4  by  inserting  after  the  word  "estab- 
lished" in  the  seventh  line  the  words,  and  the  volume  and  page  where 
their  said  respective  deeds  are  recorded,  or  if  title  was  not  acquired  by 
deed  a  statement  identifying  each  owner's  other  source  of  title;  by  adding 
at  the  end  thereof  the  words,  and,  when  the  volume  and  page  of  an 
owner's  deed  is  set  forth  in  said  agreement,  the  register  of  deeds  shall  note 
the  recording  of  said  agreement  on  the  margin  where  the  said  respective 
deeds  of  the  parties  to  said  agreement  are  recorded,  so  that  said  section  as 
amended  shall  read  as  follows:  472:4  Agreement  in  Writing.  A  writing, 
reciting  that  the  parties  signing  the  same  are  adjoining  owners,  that  the 
division  line  between  their  lands  is  in  dispute,  that  the  line  described  in 
their  respective  deeds  or  in  the  deeds  of  any  of  their  predecessors  in  title 
cannot  be  located  on  the  ground  by  reason  of  the  loss  or  obliteration  of 
the  monuments  and  boundaries  therein  named  and  described,  and  con- 
taining a  full  and  complete  description  of  the  line  thus  agreed  upon  and 
established,  and  the  volume  and  page  where  their  said  respective  deeds 
are  recorded,  or  if  title  was  not  acquired  by  deed  a  statement  identify- 
ing each  owner's  other  source  of  title,  shall  be  signed,  sealed  and  acknowl- 
edged by  the  parties  to  the  agreement  before  any  officer  having  authority 
to  take  the  acknowledgment  of  deeds,  and  recorded  with  the  registry  of 
deeds  for  the  county  where  the  lands  are  located,  and,  when  the  volume 
and  page  of  an  owner's  deed  is  set  forth  in  said  agreement,  the  register  of 
deeds  shall  note  the  recording  of  said  agreement  on  the  margin  where 
the  said  respective  deeds  of  the  parties  to  said  agreement  are  recorded. 

173:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  174. 

AN  ACT  RELATIVE  TO  TAXATION  EXEMPTION  FOR  DISABLED  VETERANS. 

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

174:1  Tax  Exemption.  Amend  RSA  72:35  (supp)  as  amended  by 
1955,  283:1  by  striking  out  the  words  "five  thousand"  in  the  sixth  and 
seventh  lines,  and  in  the  eleventh  line  and  inserting  in  place  thereof  the 


1963]  Chapter  175  157 

words,  ei2;ht  thousand,  so  that  said  section  as  amended  shall  read  as  fol- 
lows:  72:35  —  Total  Disability,  If  any  person,  qualified  as  defined  in 
section  28  of  this  chapter,  shall  be  totally  and  permanently  disabled  from 
service  connection  and  satisfactory  proof  of  such  service  connection  is 
furnished  to  the  assessors,  or  if  such  person  be  a  double  amputee  or  para- 
plegic as  a  result  of  service  connection,  he  or  his  wife  or  widow  shall  be 
exempt  from  taxation  on  real  or  personal  property  to  the  value  of  eight 
thousand  dollars  under  the  conditions  set  forth  in  sections  28,  30,  31  and 
32  of  this  chapter  in  so  far  as  the  same  are  applicable  except  that  the 
limitations  of  ownership  of  taxable  property  in  this  state  shall  not  apply 
to  persons  eligible  under  this  section;  and  provided  further  that,  in  the 
case  of  undivided  ownership,  the  limit  of  exemption  shall  be  eight  thou- 
sand dollars  as  regards  the  interest  of  such  entitled  persons  therein;  and 
provided  further  that  if  a  person,  qualified  as  defined  in  section  28  of  this 
chapter  who  is  a  double  amputee  or  paraplegic  as  the  result  of  service 
connection  and  owns  a  specially  adapted  homestead  which  has  been  ac- 
quired with  the  assistance  of  veterans  administration  he  shall  be  exempt 
from  all  taxation  on  said  homestead. 

174:2  Additional  Exemption.  Amend  RSA  72  by  inserting  after 
section  29  the  following  new  section:  72:29-a  Widows.  The  widow  of 
any  person  who  was  killed  or  died  while  on  active  duty  in  the  armed  forces 
of  the  United  States  or  any  of  the  armed  forces  of  any  of  the  governments 
associated  with  the  United  States  in  the  wars  or  armed  conflicts  set  forth 
in  section  28,  so  long  as  she  remains  his  widow,  shall  be  exempt  from  taxa- 
tion upon  her  real  and  personal  property  to  the  value  of  eight  thousand 
dollars  under  the  conditions  set  forth  in  sections  28  and  30  of  this  chap- 
ter so  far  as  the  same  are  applicable  except  that  the  limitations  of  owner- 
ship of  taxable  property  in  this  state  shall  not  apply  to  persons  eligible 
under  this  section;  and  provided  further  that,  in  the  case  of  undivided 
ownership,  the  limit  of  exemption  shall  be  eight  thousand  dollars  as  re- 
gard the  interest  of  such  entitled  persons  therein. 

174:3  Takes  Effect.  This  act  shall  take  effect  as  of  April  1,  1964. 
[Approved  June  21,  1963.] 
[Effective  date  April  1,  1964.] 


CHAPTER  175. 

AN  ACT  RELATIVE  TO  INTER-BANK  DEPOSITS. 

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

175:1  Limitations  on  Inter-bank  Deposits.  Amend  RSA  386:8  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
386:8   Restrictions.    A  savings  bank  may  deposit  its  funds  in  a  national 


158  Chapter  176  [1963 

bank  or  trust  company  subject  to  the  limitations  of  RSA  387:22  but  such 
deposit  shall  not,  at  any  time,  exceed  one  hundred  per  cent  of  the  capital, 
surplus  and  undivided  profits  of  such  national  bank  or  trust  company 
except  with  the  approval  in  writing  of  the  bank  commissioner. 

175:2    Takes  Efifect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  176. 

AN  ACT  RELATIVE  TO  PENALTIES  FOR  VIOLATION  OF  METER  PARKING  AT 

HAMPTON   BEACH. 

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

176:1  Hampton  Beach  Parking  Areas.  Amend  RSA  216:3-a  (supp) 
as  inserted  by  1955,  221:1  and  amended  by  1959,  101:1  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  216:3-a  Regula- 
tion. The  commissioner  of  resources  and  economic  development  may 
provide  reasonable  rules  and  regulations  governing  the  parking  areas 
and  establishing  the  fees  to  be  charged  for  use  of  said  areas.  The  com- 
missioner is  authorized  to  establish  penalties  to  be  imposed  for  violation 
of  any  rules  established  hereunder.  The  income  from  fines  established 
hereunder  shall  be  disposed  of  as  provided  in  Laws  1953,  218:10. 

176:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  211,  1963.] 
[Effective  date  June  21,  1963.] 


CHAPTER  177. 

AN  ACT  RELATIVE  TO  INVESTMENT  OF  FUNDS  OF  THE  UNIVERSITY  OF 

NEW  HAMPSHIRE. 

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

177:1  University  of  New  Hampshire.  Amend  RSA  187:17  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  187:17 
Investments.  The  governor,  the  treasurer  of  the  university,  and  three 
members  of  the  board  of  trustees,  to  be  selected  by  the  board  of  trustees. 


1963}  Chapter  178  159 

shall  constitute  a  finance  committee,  who  may,  except  as  is  provided  in 
the  preceding  section,  make  such  changes  from  time  to  time  in  the  invest- 
ment of  the  funds  of  the  institution  as  its  interest  may,  in  their  judgment 
require. 

177:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  178. 

AN  ACT  TO  AUTHORIZE  CITIES  AND  TOWNS  TO  ESTABLISH  HISTORIC 

DISTRICTS. 

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

178:1  Historic  Districts.  Amend  RSA  31  by  inserting  after  section 
89  the  following  new  subdivision: 

Authority  to  Establish  Historic  Districts 

31:89-a  Purposes.  The  preservation  of  structures  and  places  of  his- 
toric and  architectural  value  is  hereby  declared  to  be  a  public  purpose. 
The  heritage  of  the  municipality  will  be  safeguarded  by  (a)  preserving 
a  district  in  the  municipality  which  reflects  elements  of  its  cultural,  social, 
economic,  political  and  architectural  history;  (b)  conserving  property 
values  in  such  district;  (c)  fostering  civic  beauty;  (d)  strengthening  the 
local  economy;  (e)  promoting  the  use  of  an  historic  district  for  the  educa- 
tion, pleasure  and  welfare  of  the  citizens  of  the  municipality. 

31:89-b  Authority  Granted.  For  the  purposes  of  this  subdivision  the 
legislative  body  of  any  city  or  town  shall  have  the  authority  to  establish, 
change,  lay  out  and  define  districts  as  provided  in  this  chapter.  Within 
said  district,  the  municipality  is  empowered  to  regulate  the  construction, 
alteration,  repair,  moving,  demolition  or  use  of  such  structures  and  places. 
Such  regulations  may  from  time  to  time  be  amended  in  the  manner  pro- 
vided in  this  chapter.  All  districts  and  regulations  shall  be  established  in 
relation  to  the  comprehensive  plan  and  the  comprehensive  zoning  ordi- 
nance of  the  city  or  town. 

31:89-c  Historic  District  Commission.  In  order  to  carry  out  the 
purpose  of  this  subdivision,  the  local  legislative  body  of  the  municipality 
shall  have  the  authority  to  create  a  commission  to  be  called  the  Historic 
District  Commission  and.  shall  at  the  same  time  provide  for  the  method 
of  appointment  of  said  commission. 


160  Chapter  178  [1963 

31:89-d  Membership;  Qualifications;  Term;  Vacancies.  The  mem- 
bership of  such  commission  shall  consist  of  not  less  than  five  nor  more 
than  seven  members.  All  members  shall  be  residents  of  the  city  or  town, 
and  one  shall  be  a  member  of  the  board  of  selectmen  or  the  chief  execu- 
tive officer,  thereof  and  one  shall  be  a  member  of  the  planning  board.  In 
determining  the  qualification  of  a  member  of  said  commission,  the  ap- 
pointing authority  shall  take  into  consideration  his  demonstrated  in- 
terest and  ability  to  understand,  appreciate  and  promote  the  purpose  of 
this  subdivision.  The  members  of  said  commission  shall  be  appointed 
for  three-year  terms  except  the  initial  appointments  shall  be  staggered  so 
that  subsequent  appointments  shall  not  recur  at  the  same  time.  Members 
of  said  commission  shall  serve  without  compensation  and  shall  serve  no 
more  than  two  successive  terms.  In  the  event  of  a  vacancy  on  the  com- 
mission, interim  appointments  may  be  made  by  the  appointing  authority 
to  complete  the  unexpired  term  of  such  position. 

31:89-e  Organization;  Meetings;  and  Rules.  The  commission  shall 
elect  a  chairman,  vice-chairman  and  a  secretary  from  the  appointed  mem- 
bers and  create  and  fill  such  offices  as  it  may  deem  necessary  for  its  work. 
The  term  of  all  officers  shall  be  one  year  but  any  officer  may  succeed  him- 
self. The  commission  shall  meet  at  the  call  of  the  chairman  and  at  such 
other  times  as  the  commission  may  determine,  and  shall  adopt  rules  in 
accordance  with  the  provisions  of  the  implementing  ordinances  of  the 
municipality.  All  meetings  and  records  of  the  commission  shall  be  open 
to  the  public. 

31:89-£  Powers  and  Duties.  It  shall  be  the  duty  of  the  commission 
to  develop  a  policy  for  the  accomplishment  of  the  purposes  of  this  sub- 
division within  said  historical  district  and  within  the  provisions  of  the 
ordinances  and  to  relate  said  policy  to  the  comprehensive  plan  of  such 
town  or  city.  The  commission  shall  have  the  power  to  accept,  review  and 
act  upon  all  applications  for  building  permits  in  reference  to  properties 
situated  within  the  boundaries  of  any  historic  district  established  here- 
under. Such  power  of  review  and  approval  or  disapproval  shall  be  lim- 
ited to  those  considerations  which  affect  the  relationship  of  the  applicant's 
proposal  to  its  surroundings,  to  the  location  and  arrangement  of  struc- 
tures, to  the  architectural  treatment  of  the  exterior  features  and  finish  of 
structures,  and  to  the  compatibility  of  land  uses  within  the  district  as  they 
may  be  deemed  to  affect  the  character  and  integrity  of  said  district  to 
achieve  the  purposes  of  this  subdivision.  It  shall  be  the  duty  of  the  com- 
mission to  request  reports  and  recommendations  regarding  the  feasibility 
of  the  applicant's  proposal  from  the  planning  board,  fire  chief,  building 
inspector,  health  officer  and  such  other  administrative  officials  who  may 
possess  information  pertinent  to  the  application.  It  shall  be  the  duty  of 
the  commission  to  seek  advice  from  such  professional,  educational,  cul- 
tural or  other  groups  or  persons  as  may  be  deemed  necessary  for  the 
determination  of  a  reasonable  decision.  The  commission  shall  have  the 


1963]  Chapter  179  161 

power  to  engage  such  technical  assistance  and  consultants  as  may  be 
deemed  necessary  to  carry  out  the  purposes  of  this  subdivision.  The  com- 
mission shall  have  the  power  to  accept  and  use  gifts,  grants,  or  contribu- 
tions for  the  exercise  of  its  functions.  It  shall  be  the  duty  of  the  commis- 
sion to  file  with  the  building  inspector  or  other  duly  delegated  authority 
either  a  certificate  of  approval  or  a  notice  of  disapproval  following  the 
review  and  determination  of  the  application.  Said  certificate  shall  be 
filed  with  the  building  inspector  or  other  duly  delegated  authority  within 
forty-five  days  after  the  filing  of  the  application  for  said  certificate,  unless 
the  applicant  shall  agree  to  a  longer  period  of  time.  No  building  permit 
shall  be  issued  until  a  certificate  of  approval  has  been  filed  with  the  build- 
ing inspector,  but  in  the  case  of  disapproval,  such  notice  shall  be  binding 
upon  the  building  inspector  or  other  duly  delegated  authority  and  no 
permit  shall  be  issued.  Failure  to  file  said  certificate  within  the  specified 
period  of  time  shall  be  deemed  to  constitute  approval  by  said  commission, 

31:89-g  Interpretation.  Nothing  in  this  subdivision  shall  be  con- 
strued, to  prevent  ordinary  maintenance  or  repair  of  any  structure  or 
place  within  any  historic  district,  nor  to  prevent  the  construction,  altera- 
tion, repair,  moving  or  demolition  of  any  structure  under  a  permit  issued 
by  the  building  inspector  or  other  duly  delegated  authority  prior  to  the 
establishment  of  any  such  district. 

31:89-h  Appeal.  Any  person  or  persons  jointly  or  severally  aggrieved 
by  a  decision  of  the  commission  shall  have  the  right  to  appeal  concerning 
such  decision  to  the  board  of  adjustment  as  provided  in  this  chapter. 

31:89-i  Separability.  In  case  any  sub-section,  paragraph  or  part  of 
this  subdivision  be  for  any  reason  declared  invalid  or  held  unconstitu- 
tional by  any  court  of  last  resort,  every  other  sub-section,  paragraph  or 
part  shall  continue  in  full  force  and  effect. 

31:89-j  Enforcement.  The  enforcement  of  the  provisions  of  this  sub- 
division shall  be  made  through  the  zoning  ordinance  of  the  municipality. 

178:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  179. 

AN  ACT  RELATIVE  TO  BONDS  FOR  DORMITORIES  AT  THE  STATE  TEACHERS 
COLLEGES  AND  FOR  THE  NEW  OFFICE  BUILDING. 

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

Court  convened: 

179:1    Bonds  for  Capital  Improvements.    Amend   1901,  264:10  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 


162  Chapter  180  [1963 

264:10  Borrowing  Power.  To  provide  funds  for  the  appropriation  made 
in  section  1  hereof,  the  state  treasurer  is  hereby  authorized,  under  the 
direction  of  the  governor  and  council,  to  borrow  upon  the  credit  of  the 
state  not  exceeding  the  sum  of  two  million  nine  hundred  forty-nine  thou- 
sand nine  hundred  twenty-seven  dollars  ($2,949,927);  to  provide  funds 
for  the  appropriations  made  in  section  2  hereof  not  exceeding  the  sum 
of  four  hundred  nine  thousand  eight  hundred  dollars  ($409,800);  to  pro- 
vide funds  for  the  appropriation  made  in  section  3  hereof  not  exceeding 
the  sum  of  ten  thousand  two  hundred  seventy  dollars  ($10,270);  to  provide 
funds  for  the  appropriations  made  in  section  4  hereof  not  exceeding  the 
sum  of  one  million  four  hundred  twenty-one  thousand  forty-four  dollars 
($1,421,044);  to  provide  funds  for  the  appropriation  made  in  section  5 
hereof  not  exceeding  the  sum  of  one  million  six  hundred  ninety  thousand 
five  hundred  dollars  ($1,690,500);  and  to  provide  funds  for  the  appro- 
priations made  in  section  6  hereof  not  exceeding  the  sum  of  two  hundred 
seventy-nine  thousand  six  hundred  sixty  dollars  ($279,660);  and  for  said 
purposes  may  issue  bonds  and  notes  in  the  name  and  on  behalf  of  the  state 
of  New  Hampshire.  The  governor  and  council  shall  determine  the  form 
of  such  bonds  or  notes,  their  rate  of  interest,  the  date  when  interest  shall 
be  paid  and  the  time  or  times  of  issue.  The  governor  and  council  shall 
determine  the  maturity  dates  for  the  bonds  and  notes  issued  to  provide 
funds  for  the  appropriation  made  in  section  1.  The  bonds  and  notes  to 
provide  funds  for  the  appropriations  for  the  purposes  of  sections  2,  3 
and  6  are  to  be  paid  within  a  period  of  ten  years,  and  the  bonds  and  notes 
to  provide  funds  for  the  appropriation  for  the  purposes  of  sections  4  and 
5  are  to  be  paid  -ivithin  a  period  of  twenty  years.  All  such  bonds  or  notes 
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. 

179:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  24,  1963.] 
[Effective  date  June  24,  1963.] 


CHAPTER  180. 

AN  ACT  RELATIVE  TO  THE  REMODELING  OF  CERTAIN  BUILDINGS  AND  THE  CON- 
STRUCTION  OF  A   NEW  GREENHOUSE  AT  THE   UNIVERSITY  OF  NEW  HAMPSHIRE. 

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

180:1  Appropriation.  The  sum  of  one  hundred  and  forty-five  thou- 
sand dollars  is  hereby  appropriated  for  the  purpose  of  making  alterations 
to  and  equipping  certain  parts  of  the  dairy  building,  Morrill  hall,  and 
the  construction  of  a  new  greenhouse  addition  to  the  present  greenhouses 
for  the  Thompson  school  of  agriculture  at  the  University  of  New  Hamp- 


1963]  Chapter  180  163 

shire.  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. 

180:2  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  hundred  and  forty-five  thousand 
dollars. 

180:3  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  one  hundred  and  forty- 
five  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- 
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  twenty  years 
from  the  date  of  issue.  The  bonds  shall  be  in  such  form  and  denomination 
as  the  governor  and  council  shall  determine,  may  be  registerable  as  to 
both  principal  and  interest,  shall  be  signed  bv  the  treasurer  and  counter- 
signed 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  countersign- 
ing, 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  num- 
ber 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. 

180:4  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  borroAv  money  from  time  to  time  on  short 
term  loans  which  may  be  refimded  bv  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  sum  of  one  hundred  and  forty-five 
thousand  dollars. 

180:5  Sale  of  Bonds  or  Notes.  All  bonds  or  notes,  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  bv  the  governor  for  the  purpose  of  this  act  only  and  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall  draw  his  warrant 


164  Chapter  181  [1963 

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. 

180:6  Liquidation.  The  state  treasurer  is  authorized  to  deduct  from 
the  fund  accruing  to  the  university  under  RSA  187:24,  or  appropriation 
in  lieu  thereof,  for  each  fiscal  year  such  sum  or  sums  as  may  be  necessary 
to  meet  interest  and  principal  payments  in  accordance  with  the  terms  and 
conditions  of  the  bonds  or  notes  issued  under  the  authority  of  this  act 
for  the  purposes  herein  stated. 

180:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  24,  1963.] 
[Effective  date  August  23,  1963.] 


CHAPTER  181. 

AN  ACT  RELATIVE  TO  THE  ACT  ESTABLISHING  THE  NEW  HAMPSHIRE 
PORT  AUTHORITY. 

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

181:1  Clarification  of  Powers.  Amend  RSA  271-A:1  (supp)  as  in- 
serted by  1957,  262 :|1,  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  271-A:1  Authority  Established.  There  shall  be  a 
New  Hampshire  State  Port  Authority,  consisting  of  and  governed  by  a 
board  of  seven  members,  five  of  whom  shall  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council.  At  least  three  of  said  ap- 
pointive members  shall  be  residents  of  the  cities  and  towns  of  the  seacoast 
region  or  tidal  waters  and  each  shall  serve  for  a  term  of  five  years,  pro- 
viding that  of  the  first  appointments  hereunder  one  shall  be  appointed 
for  a  term  of  one  year,  one  for  a  term  of  two  years,  one  for  a  term  of  three 
years,  one  for  a  term  of  four  years  and  one  for  a  term  of  five  years.  Said 
members  shall  serve  until  their  successors  are  appointed  and  qualified. 
Any  vacancy  occurring  in  the  membership  of  the  appointive  members 
shall  be  filled  by  the  governor  and  council  for  the  unexpired  term.  In 
addition  to  the  five  appointive  members  the  following  officers  shall  be, 
by  virtue  of  their  offices,  members  of  said  board:  the  commissioner  of  the 
department  of  resources  and  economic  development,  and  the  president 
of  the  seacoast  regional  development  association;  such  members,  however, 
shall  be  for  liaison  purposes  only.  The  board  shall  elect  one  of  its  mem- 
bers as  a  chairman,  one  as  a  vice-chairman  and  one  as  a  secretary-treasurer. 
The  members  of  the  board  shall  receive  no  compensation  for  their  serv- 
ices; but  their  reasonable  expenses,  incurred  in  the  performance  of  their 
duties,  shall  be  paid  by  the  state.  The  board  shall  have  the  right  to  adopt 


1963]  Chapter  182  165 

a  common  seal  and  to  alter  same,  and  to  establish  by-laws  and  regulations 
for  the  management  of  its  affairs  within  the  meaning  of  this  chapter  and 
the  laws  of  the  state.  The  board  shall  have  its  principal  place  of  business 
in  Portsmouth,  New  Hampshire. 

181:2  Cooperating  Agency.  Amend  RSA  271-A:2  as  inserted  by 
1957,  262  by  striking  out  in  line  two  the  words,  "state  planning  and  de- 
velopment commission"  and  inserting  in  place  thereof  the  words,  depart- 
ment of  resources  and  economic  development,  so  that  said  section  as 
amended  shall  read  as  follows:  271-A:2  Purposes.  The  New  Hampshire 
state  port  authority,  in  cooperation  with  the  department  of  resources  and 
economic  development,  shall: 

I.  Plan  for  the  maintenance  and  development  of  the  ports,  harbors 
and  navigable  tidal  rivers  of  the  state  of  New  Hampshire  from  the  head 
of  navigation  to  the  seaward  limits  within  the  jurisdiction  of  the  state, 
in  order  to  foster  and  stimulate  commerce  and  the  shipment  of  freight 
through  the  state's  ports  and,  as  an  agency  of  the  state,  to  assist  shipping, 
and  commercial  and  industrial  interests  that  may  depend  on  the  sea  for 
transport  of  products,  including  such  interests  as  may  be  desirous  of  lo- 
cating in  tidewater  areas  of  the  state;  as  well  as  to  encourage  the  estab- 
lishment of  accommodations  for  the  boat  traveller,  the  area  boat  owners, 
the  pleasure  fishermen,  and  others  who  pass  up  and  down  our  coast  line 
or  in  its  tributaries; 

II.  Aid  in  the  development  of  salt  water  fisheries  and  associated 
industries; 

III.  Cooperate  with  any  agencies  or  departments  of  the  federal  gov- 
ernment in  planning  the  maintenance,  development  and  use  of  the  state 
ports,  harbors,  and  navigable  tidal  rivers. 

181:3  Repeal.  Paragraph  IV  of  RSA  271-A:3  as  inserted  by  1957, 
262  is  hereby  repealed.  RSA  12-A:12  as  inserted  by  1961,  223  is  hereby 
repealed. 

181:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  24,  1963.] 
[Effective  date  August  23,  1963.] 


CHAPTER  182. 

AN  ACT  RELATING  TO  CURFEW  REGULATIONS   IN   ROCHESTER. 

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

182:1   Authority  of  City.  Amend  RSA  571  by  inserting  after  section 
8  the  following  new  section:  571:8-a  City  of  Rochester.  The  city  of  Roch- 


166  Chapter  183  [1963 

ester  may,  in  like  manner  as  this  subdivision  was  adopted,  rescind  such 
adoption,  or  suspend  the  operation  of  the  provisions  of  this  subdivision 
in  said  city  during  such  period  of  the  year  as  it  may  designate. 

182:2    Takes  Effect.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  24,  1963.] 
[Effective  date  June  24,  1963.] 


CHAPTER  183. 

AN  ACT  RELATIVE  TO  USE  OF  POISONS  FOR  THE  CONTROL  OF  CERTAIN  BIRDS. 

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

183:1  Exposing  Poison.  Amend  RSA  572  by  inserting  after  section 
40  the  following  new  section:  572:40-a  Exceptions.  The  above  provisions 
shall  not  pertain  to  the  control  of  domestic  pigeons  by  grain  merchants 
or  city  or  town  officials  under  the  supervision  of  the  fish  and  game  director 
or  his  authorized  agent. 

183:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  184. 

AN   ACT  RELATIVE  TO   MOTOR  VEHICLE   OPERATION  AND  REGISTRATION. 

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

184:1  Motor  Vehicle.  Amend  paragraph  III  of  RSA  262:11  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following  para- 
graph: III.  For  every  certified  copy  of  a  certificate  of  registration  or 
license,  one  dollar. 

184:2  Municipal  Permits.  Amend  RSA  260:27  by  striking  out  the 
word  "five  miles"  in  the  seventeenth  line  and  inserting  in  place  thereof 
the  words,  ten  miles,  so  that  said  section  as  amended  shall  read  as  follows: 
260:27  Fees.  The  treasurer  of  each  city,  or  such  other  person  as  the  city 
government  may  designate,  and  the  town  clerk  of  each  town  shall  collect 
fees  for  such  permits  as  follows:  on  each  motor  vehicle  offered  for  regis- 
tration a  sum  equal  to  seventeen  mills  on  each  dollar  of  the  maker's  list 


1963]  Chapter   185  167 

price  for  a  motor  vehicle  manufactured  in  tlie  current  calendar  year, 
twelve  mills  on  each  dollar  of  the  maker's  list  price  for  a  motor  vehicle 
manufactured  in  the  first  preceding  calendar  year,  nine  mills  on  each 
dollar  of  the  maker's  list  price  for  a  motor  vehicle  manufactured  in  the 
second  preceding  calendar  year,  five  mills  on  each  dollar  of  the  maker's 
list  price  for  a  motor  vehicle  manufactured  in  the  third  preceding  calen- 
dar year,  and  three  mills  on  each  dollar  of  the  maker's  list  price  for  a 
motor  vehicle  manufactured  in  the  fourth  preceding  calendar  year  and 
any  calendar  year  prior  thereto.  The  commissioner  of  motor  vehicles  shall 
make  the  final  determination  of  year  of  manufacture  of  a  motor  vehicle 
in  any  case  in  which  a  dispute  arises.  The  fee  collected  hereunder  for  a 
commercial  vehicle  or  truck,  used  for  agricultural  purposes  only  and 
used  on  the  public  highways  within  a  radius  of  ten  miles  from  the  main 
entrance  of  the  farm  upon  which  said  vehicle  is  operated  which  said  com- 
mercial vehicle  or  truck  is  not  used  for  the  purpose  of  transporting 
produce  or  goods  for  sale  or  for  hire,  shall  be  two  dollars:  and  provided 
further,  that  the  fee  collected  hereunder  for  a  farm  tractor  shall  be  two 
dollars. 

184:3  Notice  to  Operator.  Amend  RSA  261:12  by  striking  out  the 
word  "shall"  in  fifth  line  and  inserting  in  place  thereof  the  word,  may, 
so  that  said  section  as  amended  shall  read  as  follows:  261:12  Expiration. 
All  licenses  shall  expire  on  the  second  anniversary  of  the  license  holder's 
date  of  birth  following  the  date  of  issuance.  The  anniversary  of  the  date 
of  birth  of  any  license  holder  born  on  February  29,  shall,  for  the  purpose 
of  this  section  during  the  years  when  there  is  no  February  29,  expire  on 
March  first.  The  director  may  forward  to  each  holder  of  a  license,  a  re- 
newal application  to  the  holder's  last  known  address,  thirty  days  prior  to 
expiration  date. 

184:4  Repeal.  RSA  261:16,  relative  to  applicability  of  provisions,  is 
hereby  repealed. 

184:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  185. 

AN  ACT  RELATIVE  TO  COSTS  OF  EDUCATING  INTELLECTUALLY  RETARDED 

CHILDREN. 

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

185:1    Full  Cost.    Amend  RSA  186:50-f  (supp)  as  inserted  by  1961, 
226:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 


168  Chapter  186  [1963 

lowing:  186:50-f  The  state  may  pay  to  a  school  district  for  the  education 
of  each  child  in  an  approved  class  the  state  average  cost  per  pupil  for 
elementary  pupils  as  determined  by  the  state  board  of  education  under 
the  provisions  of  RSA  193:4  for  each  resident  pupil  in  average  daily  mem- 
bership. 

185:2  Takes  Effect.  This  act  shall  take  effect  July  1,  1963. 
[Approved  June  26,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  186. 

AN  ACT  PROVIDING  FOR  A  COMMISSION  TO  STUDY  THE  STATE  CONSTITUTION. 

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

186:1  Commission  Established.  There  is  hereby  established  a  com- 
mission consisting  of  nine  members  who  are  authorized  and  directed  to 
study  the  constitution  of  the  state,  and,  if  the  commission  determines  that 
amendments  to  the  constitution  are  needed,  it  shall  recommend  such 
amendments  to  the  next  constitutional  convention.  Two  of  said  members 
shall  be  appointed  by  the  speaker  of  the  house  of  representatives,  two  by 
the  president  of  the  senate  and  the  remaining  five  by  the  governor.  The 
members  so  appointed  shall  select  from  their  number,  a  chairman,  secre- 
tary and  such  other  officers  and  sub-chairmen  as  they  shall  deem  necessary 
and  proper.  The  members  so  appointed  shall  hold  such  public  meetings 
as  they  shall  deem  proper  in  order  to  gain  the  sense  of  the  public  relative 
to  any  proposed  change  in  the  constitution. 

186:2  Compensation.  The  members  of  said  commission  shall  serve 
without  compensation  but  may  be  reimbursed  from  the  funds  hereby 
appropriated  for  necessary  expenses  as  the  chairman  shall  approve. 

186:3  Professional  and  Clerical  Assistants.  The  commission  may 
employ  and  fix  the  compensation  of,  within  the  limits  of  the  appropria- 
tion, such  professional  and  clerical  assistants  as  may  be  necessary. 

186:4  Recommendations.  Any  changes  in  the  constitution  proposed 
by  the  commission,  along  with  any  factual  or  explanatory  material  the 
commission  shall  deem  appropriate,  shall  be  printed  by  the  commission 
in  a  report.  Such  report  shall  be  prepared  not  later  than  January  1,  1964. 
Thereafter  the  commission  is  instructed  to  give  its  report  wide  public 
dissemination  through  whatever  news  media  the  commission  shall  deem 
proper  in  order  that  condidates  for  election  to  the  constitutional  conven- 
tion shall  be  apprised  of  the  recommendations  of  the  commission  prior 


1963]  Chapter  187  169 

to  said  election.  Upon  the  election  of  delegates  to  said  constitutional  con- 
vention, the  commission  shall  distribute  to  each  delegate  a  copy  of  its 
report.  The  commission  shall  submit  its  recommendations  to  the  constitu- 
tional convention  in  accordance  with  the  rules  adopted  by  said  convention. 

186:5  Appropriation.  The  sum  of  ten  thousand  dollars  is  hereby 
appropriated  for  the  commission  to  be  expended  as  herein  provided.  The 
governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby  appropri- 
ated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

186:6  Takes  Effect.  This  act  shall  take  effect  immediately  upon  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  June  26,  1963.] 


CHAPTER  187. 

AN  ACT  RELATIVE  TO  THE  CONSTRUCTION  OF  A  NEW  INSTRUCTIONAL  BUILDING 

AND  THE  REMODELING  OF  CERTAIN  PRESENT  BUILDINGS  AT  THE 

UNIVERSITY  OF  NEW  HAMPSHIRE. 

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

187:1  Appropriation.  The  sum  of  one  million  six  hundred  and 
forty-five  thousand  dollars  is  hereby  appropriated  for  the  purpose  of 
constructing,  furnishing,  and  equipping  the  first  stage  of  a  classroom, 
laboratory  office  building  for  chemistry  and  for  such  remodeling  of  exist- 
ing space  in  Demeritt,  James,  Conant  and  Kingsbury  Halls,  as  may  be 
necessary  at  this  time,  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. 

187:2  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  six  hundred  and  forty-five 
thousand  dollars. 

187:3  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  six  hundred  and 


170  Chapter  187  [1963 

forty^fiive  thousand  dollars  for  the  purpose  of  carrying  into  effect  the  pro- 
visions 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  gov- 
ernor and  coimcil.  The  maturity  dates  of  such  bonds  shall  be  determined 
by  the  governor  and  council,  but  in  no  case  shall  they  be  later  than 
twenty  years  from  the  date  of  issue.  The  bonds  shall  be  in  such  form  and 
denomination  as  the  governor  and  council  shall  determine,  may  be  regis- 
terable  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 
countersigning,  the  date  of  delivery  to  the  state  treasurer  and  the  date 
of  maturity.  The  state  treasurer  shall  keep  an  account  of  each  bond  show- 
ing 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. 

187:4  Short  Term  Notes.  Prior  to  the  issuance  of  the  bonds  here- 
under, the  state  treasurer,  with  the  approval  of  the  governor  and  coimcil, 
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  sum  of  one  million  six  himdred  and 
forty-fi've  thousand  dollars. 

187:5  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. 

187:6  Liquidation.  The  state  treasurer  is  authorized  to  deduct  from 
the  fund  accruing  to  the  university  under  RSA  187:24,  or  appropriation 
in  lieu  thereof,  for  each  fiscal  year  such  sum  or  sums  as  may  be  necessary 
to  meet  interest  and  principal  payments  in  accordance  with  the  terms 
and  conditions  of  the  bonds  or  notes  issued  imder  the  authority  of  this 
act  for  the  purposes  herein  stated. 

187:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


1963]  Chapter  188  171 

CHAPTER  188. 

AN  ACT  RELATIVE  TO  BRANCH  BANKING  AND  BANK  HOLDING  AFFILIATES. 

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

188:1  Branch  Banking  Authorized.  Amend  RSA  by  inserting  after 
chapter  384-A  as  inserted  by  1955,  319,  the  following  new  chapter: 

Chapter  384-B 

Branch  Banking  and  Holding  Company 
Affiliates 

384-B:  1  Definitions.  As  used  in  this  chapter  the  following  words  and 
phrases  shall  have  the  meanings  indicated  unless  a  contrary  meaning  shall 
clearly  appear  in  the  context: 

I.  "Bank"  means  any  bank,  trust  company,  savings  bank  and  trust 
company,  loan  and  banking  company,  commercial  bank,  mutual  savings 
bank,  guaranty  savings  bank  or  similar  institution  which  is  chartered  as 
such  by  this  state  and  actively  engaged  in  business  as  such  therein. 

II.  "National  bank"  means  any  national  banking  association  author- 
ized to  conduct  business  in  this  state. 

III.  "Branch  ofhce"  means  any  house,  office,  separate  building,  depot, 
agency,  mobile  facility  or  place  of  business,  other  than  its  principal  office, 
at  which  deposits  are  received,  checks  paid,  or  loans  made  or  payments 
thereon  received,  or  any  of  a  bank's  other  usual  banking  business  is  con- 
ducted, but  shall  not  include  any  place  at  which  only  records  are  made, 
posted  or  kept. 

IV.  "Bank  holding  company"  means  any  bank,  corporation,  partner- 
ship, business  trust,  voting  trust,  unincorporated  association,  joint  stock 
association  or  similar  organization  organized  under  the  laws  of  this  state 
or  doing  business  in  this  state  which  directly  or  indirectly  (1)  owns,  con- 
trols or  holds  the  power  to  vote  twenty-five  per  cent  or  more  of  the  voting 
stock  of  each  of  t^vo  or  more  banks,  including  national  banks;  or  (2)  pos- 
sesses the  power  to  control  or  controls  the  election  of  a  majority  of  the 
directors  of  any  two  banks,  including  national  banks.  Nothing  herein 
shall  be  construed  to  authorize  an  "out-of-State  bank  holding  company" 
as  defined  or  referred  to  in  Title  12,  United  States  Code,  sections  1841  and 
1842  (d),  to  become  a  bank  holding  company. 

V.  "Affiliate"  shall  mean  (il)  any  bank  or  national  bank  twenty-five 
per  cent  or  more  of  whose  voting  stock  is  owned  or  controlled  by  a  bank 
holding  company;  or  (2)  any  bank  or  national  bank  the  election  of  a 
majority  of  whose  directors  is  controlled  in  any  manner  by  a  bank  hold- 
ing company;  or  (3)  any  bank  or  national  bank  twenty-five  per  cent  or 


172  Chapter  188  [1963 

more  of  whose  vote  or  voting  stock  is  held  by  trustees  for  the  benefit  of 
the  stockholders  or  members  of  a  bank  holding  company. 

VI.  "Commissioner"  means  the  bank  commissioner. 

VII.  "Board"  means  the  board  of  trust  company  incorporation  es- 
tablished by  RSA  392. 

VIII.  "Town"  means  the  geographical  area  which  comprises  any 
incorporated  town  or  city  within  this  state. 

IX.  "Contiguous  town"  means  any  incorporated  town  or  city  any 
part  of  the  boundaries  of  which  are  contiguous  to  any  part  of  the  boun- 
daries of  the  town  or  city  in  which  the  principal  office  of  a  bank  is  located. 

X.  "Consolidation"  means  an  agreement  for,  or  the  consolidation, 
merger  or  union  of  one  bank  with  another  or  an  agreement  for,  or  the 
acquisition  by  purchase  by  one  bank  of  all  or  substantially  all  the  assets 
of  another  bank,  in  accordance  with  the  other  laws  applicable  thereto. 

384-B:2  Branch  Offices.  No  bank  or  officer,  director,  agent  or  em- 
ployee thereof  shall  transact  any  part  of  its  usual  business  of  banking  at 
any  branch  office  except  as  follows: 

I.  With  the  approval  of  the  board,  any  bank  may  (a)  establish  and 
operate  one  or  more  branch  offices  within  the  town  in  which  its  prin- 
cipal office  is  located;  (b)  establish  and  operate  one  or  more  branch 
offices  within  any  contiguous  town,  provided  there  is  not  in  existence  on 
the  effective  date  of  this  act  and  still  operating  any  bank  or  national  bank 
located  in  such  contiguous  town;  (c)  establish  and  operate  a  branch 
office  within  any  noncontiguous  town  any  part  of  Avhich  is  within  a  radius 
of  fifteen  miles  of  its  principal  office,  provided  no  bank  or  national  bank 
in  existence  on  the  effective  date  of  this  act  and  still  operating  is  located 
anywhere  in  this  state  within  a  radius  of  ten  miles  of  the  location  of  any 
such  proposed  branch  office.  Provided,  however,  that  the  board  shall  not 
grant  any  application  for  a  branch  office  if  the  dollar  volume  of  the  total 
deposits,  both  time  and  demand,  of  the  applicant  bank  is  greater  than 
twenty  per  cent  of  the  dollar  volume  of  the  total  deposits,  both  time  and 
demand,  of  all  banks  and  national  banks  in  this  state  as  determined  by 
the  board  on  the  basis  of  the  most  recent  reports  made  by  such  banks  to 
their  supervisory  authorities  available  at  the  time  of  filing  of  the  applica- 
tion or  if  the  applicant  bank  is  an  affiliate  of  a  bank  holding  company 
which  with  all  its  affiliates  then  holds  a  dollar  volume  of  deposits,  both 
time  and  demand,  greater  than  twenty  per  cent  of  the  dollar  volume  of 
total  deposits,  both  time  and  demand,  of  all  banks  and  national  banks  in 
this  state  as  determined  by  the  board  on  the  basis  of  the  most  recent  re- 
ports made  by  such  banks  to  their  supervisory  authorities  available  at  the 
time  of  filing  of  the  application.  In  applying  the  provisions  of  (b)  and 
(c)  above,  a  bank  or  national  bank  existing  on  the  effective  date  of  this 
act  shall,  for  five  years  subsequent  to  the  effective  date  of  its  consolidation 


1963]  Chapter  188  173 

with  a  bank  or  national  bank  even  though  it  may  have  become  a  branch 
office  through  such  consolidation,  be  regarded  as  a  bank  or  national  bank 
unless  it  shall  file  its  written  consent  to  the  granting  of  the  particular 
application  for  the  establishment  of  a  branch  office  then  pending  before 
the  board. 

II.  With  the  approval  of  the  board,  the  resulting  bank,  after  a 
consolidation  as  defined  herein,  may  operate  as  a  branch  office  or  offices 
the  business  of  any  other  bank  acquired  in  such  consolidation,  at  any 
location  in  the  same  town  or  towns  in  which  such  business  was  thereto- 
fore carried  on,  provided  the  principal  office  of  the  bank  acquired  in  such 
consolidation  is  within  a  radius  of  thirty  miles  of  the  principal  office  of 
the  bank  remaining  after  such  consolidation,  and  provided  further  that 
the  dollar  volume  of  the  total  deposits,  both  time  and  demand,  of  the 
remaining  bank  at  the  time  of  filing  its  application  does  not  exceed  twenty 
per  cent  of  the  dollar  volume  of  the  total  deposits,  both  time  and  demand, 
of  all  banks  and  national  banks  in  this  state  as  determined  by  the  board 
on  the  basis  of  the  most  recent  reports  made  by  such  banks  to  their  super- 
visory authorities  available  at  the  time  of  filing  of  the  application. 

III.  Written  applications  for  branch  offices  shall  be  submitted  by 
the  bank,  in  the  first  instance,  to  the  commissioner  and  shall  be  verified 
under  oath  and  made  upon  forms  which  may  be  prescribed  by  him  for 
the  purpose  with  all  the  information  required  by  such  form  fully  set 
forth  thereon,  including  the  types  of  service  to  be  offered  at  such  branch 
office.  Each  application  shall  be  accompanied  by  a  fee  of  five  hundred 
dollars  in  the  case  of  a  new  branch  and  one  thousand  dollars  in  the  case 
of  a  new  branch  as  a  result  of  consolidation,  payable  to  the  state  treas- 
urer, for  the  credit  of  the  commissioner.  The  commissioner  shall  examine 
each  application  and  if  he  finds  that  it  is  duly  completed,  he  shall  then 
refer  the  application  to  the  board  for  consideration.  A  public  hearing 
shall  be  held  by  the  board  on  each  application,  after  such  notice,  includ- 
ing publication,  as  the  board  may  order.  A  stenographic  record  of  the 
oral  testimony  shall  be  made  and  preserved.  The  commissioner  shall 
serve  as  chairman  of  the  board.  The  board  may  prescribe  reasonable 
procedural  rules  to  govern  its  proceedings,  and  it  may  be  convened  to 
consider  any  pending  business  on  call  of  the  commissioner.  There  shall 
be  no  refund  allowed  on  any  application  fee  once  it  has  been  filed.  In 
addition  to  the  application  fee,  each  applicant  for  a  branch  office  shall 
be  obligated  to  pay  the  reasonable  cost  of  processing,  hearing  and  decid- 
ing each  such  application,  as  assessed  by  the  board,  which  cost  may  be 
collected  by  the  commissioner  in  an  action  of  debt  unless  paid  within 
thirty  days  after  demand. 

IV.  In  making  its  decision  on  each  application,  the  board  shall  take 
into  consideration  the  following  factors:  (a)  the  convenience,  needs  and 
welfare  of  the  communities  and  the  area  concerned;  (b)  the  financial 
history  and  condition   of  the   bank  or  banks  concerned  including  the 


174  Chapter  188  [1963 

adequacy  of  its  or  their  capital  funds;  (c)  its  or  their  prospects;  (d)  the 
character  of  the  management;  and  (e)  whether  or  not  the  effect  of  grant- 
ing the  application  would  be  to  expand  the  size  of  the  bank  and  extent 
of  its  business  beyond  limits  consistent  with  adequate  and  sound  banking, 
the  public  interest  and  the  preservation  of  competition  in  the  field  of 
banking.  Nothing  contained  herein  shall  be  interpreted  to  prohibit  a 
commercial  bank  and  a  savings  bank  from  establishing  branch  offices  in 
the  same  town  or  location  provided  they  otherwise  comply  with  the  pro- 
visions hereof.  The  ability  of  a  commercial  bank  to  furnish  savings  de- 
partment service  at  a  branch  office  in  any  given  town  shall  not  be  consid- 
ered as  a  factor  adverse  to  the  establishment  of  a  branch  office  by  a  sav- 
ings bank  in  the  same  town. 

V.  the  board  shall  render  its  decision  granting  or  denying  each 
application  in  writing  and  file  it  in  the  office  of  the  commissioner,  who 
shall  forthwith  furnish  a  certified  copy  thereof  to  the  applicant  bank.  No 
application  shall  be  granted  except  upon  the  affirmative  vote  of  a  ma- 
jority of  the  members  of  the  board.  Full  power  is  delegated  to  the  board 
to  grant  a  particular  application  upon  such  reasonable  conditions,  in- 
cluding limitations  on  the  scope  of  service  which  may  be  offered  and 
given,  consistent  with  the  general  purposes  of  this  chapter  and  sound 
banking  principles  as  the  board  may  determine  and  set  forth  in  its  deci- 
sion. The  authority  derived  from  an  application  which  has  been  granted 
in  whole  or  upon  conditions  shall  lapse  and  terminate  unless  business  is 
actually  commenced  thereunder  not  later  than  one  year  after  the  date 
of  the  board's  decision;  provided,  however,  that  the  board,  for  good  cause 
shown,  may  extend  the  time  after  which  such  authority  shall  lapse.  Re- 
hearings  of  and  appeals  from  decision  of  the  board  shall  be  governed  by 
RSA541. 

VI.  A  bank  may  discontinue  and  close  a  branch  office  upon  the 
affirmative  vote  of  a  majority  of  its  board  of  directors,  but  such  discon- 
tinuance shall  not  take  effect  until  after  at  least  thirty  days'  notice  thereof 
has  been  published  in  some  newspaper  of  general  circulation  in  the  com- 
munity affected. 

384-B:3  Bank  Holding  Company  Affiliates.  No  bank  holding  com- 
pany shall  directly  or  indirectly  acquire  ownership  or  control  of  any 
voting  stock  of  any  bank  or  national  bank,  if  upon  such  acquisition  (1) 
the  bank  holding  company  would  have  more  than  twelve  affiliates;  or 
(2)  the  dollar  volume  of  the  total  deposits,  both  time  and  demand,  of  the 
bank  holding  company  and  all  its  affiliates  would  exceed  twenty  per  cent 
of  the  dollar  volume  of  total  deposits,  both  time  and  demand,  of  all  banks 
and  national  banks  in  this  state  as  determined  by  the  board  on  the  basis 
of  the  most  recent  reports  made  by  such  banks  to  their  supervisory  au- 
thorities available  at  the  time  of  acquisition. 

384-B:4  Penalty  for  Violation.  Whoever  wilfully  violates  any  pro- 
vision of  this  chapter  or  the  conditions  upon  which  any  application  was 


1963]  Chapter   189  175 

granted  by  the  board,  shall  forfeit  to  the  state  one  hundred  dollars  a  day 
for  every  day  or  part  thereof  during  which  such  wilful  violation  con- 
tinues. Any  such  violation  shall  be  forthwith  reported  by  the  commis- 
sioner to  the  attorney  general,  and  the  forfeiture  may  be  recovered  by 
an  information  or  other  appropriate  proceeding  brought  in  the  superior 
court  in  the  name  of  the  commissioner. 

384-B:5  Injunction,  Upon  an  information  or  other  proceeding  the 
court  may  issue  an  injunction  restraining  such  bank  holding  company 
or  bank  or  its  or  their  officers,  directors,  agents  and  employees  from  fur- 
ther action  in  violation  of  any  provision  of  this  chapter  or  the  conditions 
upon  which  any  application  was  granted  by  the  board  during  the  pen- 
dency of  such  proceeding,  or  permanently,  and  may  make  such  other 
order  as  justice  may  require. 

384-B:6  Existing  Branch  Offices.  Nothing  herein  shall  be  construed 
to  make  unlawful  the  continued  operation  of  any  branch  office  lawfully 
existing  on  the  effective  date  of  this  act. 

188:2   Takes  Effect.   This  act  shall  take  effect  on  October  1,  1963. 
[Approved  June  26,  1963.] 
[Effective  date  October  1,  1963.] 


CHAPTER  189. 

AN  ACT  RELATIVE  TO  WEIGHTS  AND  LENGTHS  OF  CERTAIN  VEHICLES. 

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

189:1  Vehicle  and  Semi-trailer.  Amend  RSA  263:61  (supp)  as 
amended  by  1955,  230:1  and  310:2,  by  inserting  after  paragraph  VIII 
the  following  new  paragraph:  Vlll-a  A  combination  of  vehicle  and  semi- 
trailer equipped  with  five  axles  and  having  gross  weight  of  73,280  pounds 
with  a  distance  between  extreme  axles  of  forty  feet. 

189:2  Overall  Length  Authorized.  Amend  RSA  263:65  (supp)  as 
amended  by  1957,  191:1  and  1959,  92:1  and  262:1,  by  inserting  at  the 
end  thereof  the  following  sentence:  Provided  further,  that  a  combination 
of  wheels,  coupled  together  with  an  overall  length  including  load  of 
fifty-five  feet,  may  be  operated  on  the  highways  of  this  state  for  five  years 
after  the  effective  date  of  this  act,  but  in  no  event  later  than  July  1,  1968, 
so  that  said  section  as  amended  shall  read  as  follows:  263:65  Width  and 
Length.  No  vehicle  whose  width  including  load  is  greater  than  ninety- 
six  inches,  or  whose  length  including  load  is  greater  than  thirty^five  feet, 
and  no  combination  of  Avheels  coupled  together  whose  total  length,  in- 
cluding load,  is  greater  than  fifty  feet,  shall  be  operated  on  the  highways 


176  Chapter  189  [1963 

of  this  state.  Provided,  however,  that  the  provisions  of  this  section  relative 
to  length  shall  not  apply  to  vehicles  transporting  poles,  logs,  timbers  or 
metal,  when  actually  so  employed,  and  that  in  determining  width  there 
shall  be  excluded  six  inches  of  any  increase  in  width  due  to  changing  to 
low  pressure  tire  equipment  from  other  tire  equipment.  Provided  further, 
that  a  vehicle  may  be  operated  on  the  highways  of  this  state  transport- 
ing a  load  of  loose  hay  or  loose  fodder  when  the  width  including  such 
load  is  greater  than  ninety-six  inches  so  long  as  the  width  of  said  vehicle 
without  said  load  does  not  exceed  said  ninety-six  inches.  Provided  fur- 
ther, that  a  motor  bus  which  has  an  overall  length,  inclusive  of  front  and 
rear  bumpers,  in  excess  of  thirty-five  feet,  but  not  in  excess  of  forty  feet, 
and  the  load  on  any  axle  not  in  excess  of  the  limits  provided  in  RSA 
263:61,  may  be  operated  only  on  those  highways  of  this  state  specifically 
designated  by  the  director  of  the  division  of  motor  vehicles.  Provided 
further,  that  a  combination  of  wheels,  coupled  together  with  an  overall 
length  including  load  of  fifty-five  feet,  may  be  operated  on  the  highways 
of  this  state  for  five  years  after  the  effective  date  of  this  act,  but  in  no 
event  later  than  July  1,  1968. 

189:3  Four  or  More  Axles.  Amend  paragraph  VIII  of  RSA  263:61 
(supp)  as  amended  by  1955,  230:1  and  310:2,  by  inserting  after  the  word 
"four"  in  the  first  line  of  said  paragraph  the  words,  or  more,  so  that  said 
paragraph  as  amended  shall  read  as  follows:  VIII.  A  combination  of 
vehicle  and  semi-trailer  equipped  with  four  or  more  axles  and  having 
gross  weight  more  than  those  set  forth  in  the  following  table: 

Distance  between  Maximum  gross  weight 

extreme  axles  in  feet  in  pounds 

28  48,300 

29  49,300 

30  50,400 

31  51,500 
3'2  52,800 

33  54,300 

34  56,000 

35  58,000 

36  60,000 

37  62,000 
3<8  64,400 
39  66,400 

189:4  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  26,  1963.] 
[Effective  date  June  26,  1963.] 


1963]  Chapter  190  177 

CHAPTER  190. 

AN    ACT  ABOLISHING   THE   SCHOOL   DISTRICT  OF   WENTWORTH'S   LOCATION   AND 

TRANSFERRING  THE  EDUCATION  OF  CHILDREN  IN  WENTWORTHS 

LOCATION  TO  THE  STATE. 

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

190:1  Abolishment  of  District.  Effective  July  1,  1964,  the  school 
district  of  Wentworth's  Location  is  abolished. 

190:2  Authority  of  State  Board  of  Education.  On  and  after  the 
effective  date  of  this  act  the  education  of  school  children  within  Went- 
worth's Location  shall  become  the  responsibility  of  the  state  board  of 
education  as  provided  by  paragraph  IV  of  RSA  186:11  and  any  future 
amendments  thereof. 

190:3  Application  of  Statute.  On  and  after  the  effective  date  of  this 
act,  the  provisions  of  RSA  198:16  (supp)  as  amended  by  1955,  224  and 
any  future  amendments  thereof,  relating  to  assessment  of  a  tax  by  the 
state  tax  commission  for  educational  purposes,  shall  apply  to  Wentworth's 
Location. 

190:4   Takes  Effect.   This  act  shall  take  effect  July  1,  1964,  at  which 
time  the  terms  of  office  of  any  officials  of  the  Wentworth's  Location  school 
district  shall  cease. 
[Approved  June  26,  1963.] 
[Effective  date  July  1,  1964.] 


CHAPTER  191. 

AN  ACT  RELATING  TO  PRESENTMENT  FOR  PAYMENT  BY  BANKS. 

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

191:1  Place  of  Presentment.  Amend  RSA  382-A:4-204  as  inserted 
by  1959,  247:1  by  adding  at  the  end  of  said  section  the  following  new 
paragraph:  4-204  (3)  Presentment  may  be  made  by  a  presenting  bank  at 
a  place  where  the  payor  bank  has  requested  that  presentment  be  made. 

191:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


178  Chapter  192  [1963 

CHAPTER  192. 

AN    ACT    PROVIDING    THAT    VILLAGE    DISTRICTS    MAY    TAKE    LAND    FOR    WATER 

WORKS  PURPOSES  WITHIN  THE  TOWNS  IN  WHICH  THEY  ARE  ESTABLISHED 

IN  THE  SAME  MANNER  AS  IN  THE  LAYING  OUT  OF  A  HIGHWAY. 

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

192:1  Taking  Property.  Amend  RSA  38:13  by  inserting  after  the 
word,  "limits"  on  the  third  line  the  words,  or  in  the  case  of  a  village  dis- 
trict within  the  limits  of  the  town  or  towns  within  which  it  is  situate,  so 
that  said  section  as  amended  shall  read  as  follows:  38:13  Taking  Prop- 
erty. Any  such  municipality  may  enter  upon  and  take  by  eminent  do- 
main any  land  or  any  interest  in  land  or  water  right  within  its  limits,  or 
in  the  case  of  a  village  district  within  the  limits  of  the  town  or  towns 
within  which  it  is  situate,  which  may  be  necessary  for  the  construction, 
extension,  or  maintenance  of  its  plant,  and  shall  pay  all  damages  sus- 
tained thereby,  or  by  any  other  thing  done  under  the  authority  of  this 
chapter. 

192:2  Damages.  Amend  RSA  38:14  by  inserting  after  the  word, 
"located"  in  the  third  line  the  words,  or  if  the  municipality  be  a  village 
district  then  to  the  board  of  selectmen  of  the  town  or  towns  within  which 
the  village  district  is  situate;  and  by  striking  out  all  of  the  section  follow- 
ing the  word,  "and"  on  the  fourth  line  and  substituting  the  words,  pro- 
ceedings thereon  shall  be  as  upon  a  petition  for  laying  out  a  highway, 
so  that  the  said  section  as  amended  shall  read  as  follows:  38:14  —  Dam- 
ages. If  the  municipality  shall  not  agree  with  the  owner  thereof  as  to 
damages,  either  party  may  apply  to  the  superior  court  in  the  county  where 
said  town  or  district  is  located,  or  if  the  municipality  be  a  village  district 
then  to  the  board  of  selectmen  of  the  town  or  towns  within  which  the 
village  district  is  situate,  to  have  the  same  laid  out  and  the  damages  de- 
termined and  proceedings  thereon  shall  be  as  upon  a  petition  for  the 
laying  out  of  a  highway. 

192:3  Protection  of  Water  Supply.  Amend  RSA  38:21  by  inserting 
following  the  word  "court"  in  the  fifth  line  the  words,  or  in  the  case  of 
a  village  district  to  the  board  of  selectmen  of  the  town  or  towns  within 
which  the  district  is  situate,  so  that  the  said  section  as  amended  shall  read 
as  follows:  38:21  Protection  of  Water  Supply.  Any  municipality  or 
water  company  supplying  water  to  the  public  for  domestic  use  shall  have 
the  power  to  take  by  the  exercise  of  the  right  of  eminent  domain  any 
property  needed  to  protect  the  purity  of  the  water  so  supplied,  upon 
petition  to  the  superior  court  or  in  the  case  of  a  village  district  to  the 
board  of  selectmen  of  the  town  or  towns  within  which  the  district  is 
situate  and  proceedings  thereon  as  in  case  of  a  petition  for  the  laying  out 
of  a  highway. 


1963]  Chapter  193  179 

192:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  193. 

AN  ACT  RELATIVE  TO  THE  PURITY  OF  FOODS  AND  DRUGS. 

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

193:1  Definitions.  Amend  RSA  146:2  by  inserting  after  paragraph 
XIV  the  following  new  paragraphs:  XV.  The  term  "pesticide  chemical" 
means  any  substance  which,  alone,  in  chemical  combination,  or  in  formu- 
lation with  one  or  more  other  substances  is  an  economic  poison  within 
the  meaninsf  of  RSA  438  as  now  enacted  or  as  hereafter  amended,  and 
which  is  used  in  the  production,  storage,  or  transportation  of  raw  agri- 
cultural commodities. 

XVI.  The  term  "raw  agricultural  commodity"  means  any  food  in 
its  raw  or  natural  state,  including  all  fruits  that  are  washed,  colored  or 
otherwise  treated  in  their  unpeeled  natural  form  prior  to  marketing. 

XVII.  The  term  "food  additive"  means  any  substance,  the  intended 
use  of  which  results  or  may  be  reasonably  expected  to  result,  directly  or 
indirectly,  in  its  becoming  a  component  or  otherwise,  affecting  the  char- 
acteristics of  any  food,  (including  any  substance  intended  for  use  in 
producing,  manufacturing,  packing,  processing,  preparing,  treating,  pack- 
aging, transporting,  or  holding  food;  and  including  any  source  of  radia- 
tion intended  for  any  such  use),  if  such  substance  is  not  generally  recog- 
nized among  experts  qualified  by  scientific  training  and  experience  to 
evaluate  its  safety,  as  having  been  adequately  shown  through  scientific 
procedures  (or,  in  the  case  of  a  substance  used  in  foods  prior  to  January 
1,  1958  through  either  scientific  procedures  or  experience  based  on  com- 
mon use  in  food)  to  be  safe  under  the  conditions  of  its  intended  use; 
except  that  such  term  does  not  include;  (1)  a  pesticide  chemical  in  or  on 
a  raw  agricultural  commodity;  or  (2)  a  pesticide  chemical  to  the  extent 
that  it  is  intended  for  use  or  is  used  in  the  production,  storage,  or  trans- 
portation of  any  raw  agricultural  commodity;  or  (3)  a  color  additive;  or 
(4)  any  substance  used  in  accordance  with  a  sanction  or  approval  granted 
prior  to  the  enactment  of  the  Food  Additives  Amendment  of  1958,  pur- 
suant to  the  Federal  Act;  The  Poultry  Products  Inspection  Act  (21  U.S.C. 
451  and  the  following)  or  the  Meat  Inspection  Act  of  March  4,  1907 
(34  Stat.  1260),  as  amended  and  extended  (21  U.S.C.  71  and  the  following). 

XVIII.  (1)  The  term  "color  additive"  means  a  material  which  — 
(a)  is  a  dye,  pigment,  or  other  substance  made  by  a  process  of  synthesis  or 


180  Chapter  193  [1963 

similar  artifice,  or  extracted,  isolated,  or  otherwise  derived,  with  or  with- 
out intermediate  or  final  change  of  identity  from  a  vegetable,  animal, 
mineral  or  other  source,  and  (b)  when  added  or  applied  to  a  food,  drug, 
or  cosmetic,  or  to  the  human  body  or  any  part  thereof,  is  capable  (alone 
or  through  reaction  with  other  substance)  of  imparting  color  thereto; 
except  that  such  term  does  not  include  any  material  which  has  been  or 
hereafter  is  exempted  under  the  federal  act. 

(2)  The  term  "color"  includes  black,  white  and  intermediate  grays. 

(3)  Nothing  in  (11)  above  shall  be  construed  to  apply  to  any  pesticide 
chemical,  soil  or  plant  nutrient,  or  other  agricultural  chemical  solely 
because  of  its  effect  in  aiding,  retarding,  or  otherwise  affecting,  directly 
or  indirectly,  the  growth  or  other  natural  physiological  processes  of  pro- 
duce of  the  soil  and  thereby  affecting  its  color,  whether  before  or  after 
harvest. 

193:2  Added  Poisonous  Substances.  Amend  146  by  adding  after 
section  20  the  following  new  section:  146:21  Additives.  I.  Any  added 
poisonous  or  deleterious  substance,  any  food  additive,  any  pesticide  chem- 
ical in  or  on  a  raw  agricultural  commodity,  or  any  color  additive,  shall 
with  respect  to  any  particular  use  or  intended  use  be  deemed  unsafe  for 
the  purpose  of  application  of  paragraph  I  of  section  3  with  respect  to 
any  food,  or  paragraph  I  of  section  4  with  respect  to  any  drug  or  device, 
or  paragraph  I  of  section  7  with  respect  to  any  cosmetic,  unless  there  is  in 
effect  either  (1)  a  regulation  issued  pursuant  to  the  Federal  Act  permit- 
ting such  use,  or  (2)  a  regulation  issued  pursuant  to  paragraph  II  of  this 
section  limiting  the  quantity  of  such  substance,  and  the  use  or  intended 
use  of  such  substance  conform  to  the  terms  prescribed  by  such  regulation. 
While  either  such  regulation  relating  to  such  substance  is  in  effect,  a 
food,  drug  or  cosmetic  shall  not,  by  reason  of  bearing  or  containing  such 
substance  in  accordance  with  the  regulation,  be  considered  adulterated 
within  the  meaning  of  paragraphs  I  of  sections  3,  4,  7. 

II.  On  and  after  July  1,  1963,  the  regulations  promulgated  under 
the  Federal  Act,  prescribing  therein  tolerances  and  exemptions  from 
tolerances  or  conditions  of  use  for  any  of  the  foregoing  substances  arC; 
hereby  adopted  as  the  regulations  applicable  to  this  chapter.  Provided, 
that  whenever  public  health  or  other  considerations  in  the  state  so  re- 
quire, the  commissioner  of  health  and  welfare  is  authorized  to  adopt, 
amend,  or  repeal  regulations  whether  or  not  in  accordance  with  regula- 
tions promulgated  under  the  federal  act  prescribing  therein  tolerances 
and  exemptions  from  tolerances  or  conditions  of  use  for  such  substances. 

193:3  Food  Adulterates.  Amend  paragraph  I  of  RSA  146:3  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following:  I. 
(1)  If  it  bears  or  contains  any  poisonous  or  deleterious  substance  which 
may  render  it  injurious  to  health;  but  in  case  the  substance  is  not  an 
added  substance  such  food  shall  not  be  considered  adulterated  under  this 


1963]  Chapter  193  181 

clause  if  the  quantity  of  such  substance  in  such  food  does  not  ordinarily 
render  it  injurious  to  health;  or  (2)  if  it  bears  or  contains  any  added  poi- 
sonous or  added  deleterious  substance  other  than  one  which  is  a  pesticide 
chemical  in  or  on  a  raw  agricultural  commodity;  a  food  additive;  or  a 
color  additive,  which  is  unsafe  within  the  meaning  of  section  21;  or  if  it 
is  a  raw  agricultural  commodity  and  it  bears  or  contains  a  pesticide  chem- 
ical which  is  unsafe  within  the  meaning  of  section  21  or  if  it  is  or  it  bears 
or  contains  any  food  additive  which  is  unsafe  within  the  meaning  of  sec- 
ton  21;  provided  that  where  a  pesticide  chemical  has  been  used  in  or  on 
a  raw  agricultural  commodity  in  conformity  with  an  exemption  granted 
or  tolerance  prescribed  under  section  21,  and  such  raw  agricultural  com- 
modity has  been  subjected  to  processing  such  as  canning,  cooking,  freez- 
ing, dehydrating,  or  milling,  the  residue  of  such  pesticide  chemical  re- 
maining in  or  on  such  processed  food  shall,  notwithstanding  the  provi- 
sions of  section  21,  not  be  deemed  unsafe  if  such  residue  in  or  on  the  raw 
agricultural  commodity  has  been  removed  to  the  extent  possible  in  good 
manufacturing  practice,  and  the  concentration  of  such  residue  in  the 
processed  food  when  ready-to-eat,  is  not  greater  than  the  tolerance  pre- 
scribed for  the  raw  agricultural  commodity;  or  (3)  if  it  consists  in  whole 
or  in  part  of  a  diseased,  contaminated,  filthy,  putrid,  or  decomposed  sub- 
stance, or  if  it  is  otherwise  unfit  for  food;  or  (4)  if  it  has  been  produced, 
prepared,  packed,  or  held  under  unsanitary  conditions  whereby  it  may 
have  become  contaminated  with  filth,  or  whereby  it  may  have  been  ren- 
dered diseased,  unwholesome,  or  injurious  to  health;  or  (5)  if  it  is  the 
product  of  a  diseased  animal  or  an  animal  which  has  died  otherwise  than 
by  slaughter  or  that  has  been  fed  upon  the  uncooked  offal  from  a  slaugh- 
terhouse; or  (6)  if  its  container  is  composed,  in  whole  or  in  part,  of  any 
poisonous  or  deleterious  substance  which  may  render  the  contents  in- 
jurious to  health;  or  (7)  if  it  is  or  bears  or  contains  any  color  additive 
which  is  unsafe  within  the  meaning  of  section  21. 

193:4  Food  Misbranded.  Amend  RSA  146:5  by  adding  after  para- 
graph XI  the  following  new  paragraph:  XII.  If  it  is  a  color  additive 
unless  its  packaging  and  labeling  are  in  conformity  with  such  packaging 
and  labeling  requirements  applicable  to  such  color  additive  prescribed 
under  the  provisions  of  the  federal  act. 

193:5  Drugs,  Devices  Adulterated.  Amend  paragraph  I  of  RSA 
146:4  by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following:  I.  (1)  If  it  consists  in  whole  or  in  part  of  any  filthy,  putrid,  or 
decomposed  substances;  or  (2)  if  it  has  been  produced,  prepared,  packed 
or  held  under  insanitary  conditions  whereby  it  may  have  been  contam- 
inated with  filth,  or  whereby  it  may  have  been  rendered  injurious  to 
health;  or  (3)  if  it  is  a  drug  and  its  container  is  composed,  in  whole  or  in 
part  of  any  poisonous  or  deleterious  substance  which  may  render  the  con- 
tents injurious  to  health;  or  (4)  if  (a)  it  is  a  drug  and  it  bears  or  contains 
for  purposes  of  coloring  only,  a  color  additive  which  is  unsafe  within  the 


182  Chapter  194  [1963 

meaning  of  section  21;  or  (b)  it  is  a  color  additive,  the  intended  use  of 
which  in  or  on  drugs  is  for  the  purpose  of  coloring  only,  and  it  is  unsafe 
within  the  meaning  of  section  21. 

193:6  Drugs,  Devices  Misbranded.  Amend  RSA  146:6  by  adding 
after  paragraph  XII  the  following  new  paragraph:  XIII.  If  it  is  a  color 
additive,  the  intended  use  of  which  in  or  on  drugs  is  for  the  purpose  of 
coloring  only,  unless  its  packaging  and  labeling  are  in  conformity  with 
such  packaging  and  labeling  requirements  applicable  to  such  color  ad- 
ditives prescribed  under  the  provisions  of  the  federal  act. 

193:7  Cosmetics  Adulterated.  Amend  RSA  146:7  by  deleting  para- 
graph V  and  inserting  in  place  thereof  the  following:  V.  If  it  is  not  a 
hair  dye  and  it  is,  or  it  bears  or  contains  a  color  additive  which  is  unsafe 
within  the  meaning  of  section  21. 

193:8  Cosmetics  Misbranded.  Amend  RSA  146:8  by  adding  after 
paragraph  IV  the  following  new  paragraph: 

V.  If  it  is  a  color  additive,  unless  its  packaging  and  labeling  are  in 
conformity  with  such  packaging  and  labeling  requirements  applicable 
to  such  color  additive  prescribed  under  the  provisions  of  the  federal  act. 
This  paragraph  shall  not  apply  to  packages  of  color  additives  which,  with 
respect  to  their  use  for  cosmetics,  are  marketed  and  intended  for  use  only 
in  or  on  hair  dyes,  as  defined  in  the  last  sentence  of  paragraph  I  of  sec- 
tion 7. 

193:9  Repeal.  Paragraph  V  of  RSA  146:3,  relative  to  coal-tar  color, 
is  hereby  repealed. 

193:10   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  June  26,  1963.] 
[Effective  date  July  1.  1963.] 


CHAPTER  194. 

AN  ACT  RELATIVE  TO  UNEMPLOYMENT  COMPENSATION. 

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

194:1  Total  and  Partial  Unemployment.  Amend  paragraph  (3)  of 
RSA  282: 1-M  (supp)  as  amended  by  1955,  141:5  and  1961,  88:4  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following:  (3) 
For  the  purposes  of  paragraphs  (1)  and  (2)  above:  The  term  "wages"  shall 
include  compensation  for  temporary  partial  disability  under  the  work- 
men's compensation  law  of  any  state  or  under  a  similar  law  of  the  United 


1963]  Chapter  194  183 

States,  payments  in  lieu  of  notice,  a  sickness  or  separation  allowance, 
payments  upon  discharge  from  military  service  from  either  the  state  or 
federal  government,  or  both,  and  earnings  from  self-employment.  Wages 
and/or  earnings  shall  be  deemed  to  have  been  received  in  such  week  or 
weeks  in  which  earned,  or,  if  not  clearly  identifiable,  then  for  such  week 
or  weeks  as  the  commissioner  may  find  such  can  be  reasonably  said  to 
apply.  An  individual's  maximum  weekly  benefit  amount  shall  be  reduced 
by  all  wages  and  earnings  in  excess  of  three  dollars.  Wages  and/or  earn- 
ings shall  be  rounded  to  the  nearest  dollar.  Benefits  shall  not  be  reduced 
in  any  part  by  any  sum  paid  pursuant  to  an  arbitration  award,  or  any 
similar  payment  under  any  state  or  federal  statute,  or  vacation  pay  paid 
subsequent  to  the  vacation  period,  or  any  retroactive  payment  made  by 
reason  of  the  establishment  or  adjustment  of  a  piece  or  hourly  rate,  or 
holiday  pay. 

194:2  Annual  Earnings.  Amend  paragraph  (2)  of  RSA  282: l-O 
(supp)  as  amended  by  1961,  88:6  by  striking  out  said  paragraph  and  in- 
serting in  place  thereof  the  following:  (2)  "Annual  earnings"  shall  be  the 
wages,  to  the  nearest  dollar,  earned  during  each  base  period  from  an  em- 
ployer by  an  individual  in  employment  in  New  Hampshire. 

194:3  Weekly  Benefit  Amount.  Amend  paragraph  (1)  of  RSA  282:2- 
B  (supp)  as  amended  by  1955,  7:1;  1959,  28:1  and  1961,  88:7  and  228:1, 
by  striking  out  said  paragraph  and  inserting  in  place  thereof  the  follow- 
ing: (1)  The  maximum  weekly  benefit  amount  and  maximum  benefits 
payable  to  an  eligible  individual  in  any  benefit  year  shall  be  determined 
by  his  annual  earnings,  of  which  in  each  of  two  calendar  quarters  he  must 
have  earned  not  less  than  one  hundred  dollars,  as  follows: 


A 

B 

C 

\nnual  Earnings 

Maximum  Weekly 

Maximum 

of  not  less  than 

Benefit  Amount 

Benefits 

$600 

$13 

$338 

900 

16 

416 

1,200 

19 

494 

1,500 

21 

546 

1,700 

24 

624 

2,000 

28 

728 

2,300 

31 

806 

2,600 

34 

884 

2,800 

37 

962 

3,000 

40 

1,040 

3,200 

41 

1 ,066 

3,400 

43 

1,118 

3,600 

45 

1,170 

194:4  Repeal.   Subsection  D  of  RSA  282:2  relative  to  holiday  pay,  is 
hereby  repealed. 


184  Chapter  194  [1%3 

194:5  Disqualifications  for  Benefits.  Amend  subsection  K  of  RSA 
282:4  (supp)  as  amended  by  1955,  141:9  by  striking  out  said  subsection 
and  inserting  in  place  thereof  the  following:  K.  For  any  week  in  or  sub- 
sequent to  which  an  individual  becomes  unemployed  due  to  retirement 
or  superannuation  except  in  accordance  with  the  regulations  of  the  com- 
missioner. 

194:6  Contribution  Rate.  Amend  paragraph  (8)  of  RSA  282:6-D 
(supp)  as  amended  by  1955,  7:3  and  141:13  and  1961,  88:21  by  striking 
out  said  paragraph  and  inserting  in  place  thereof  the  following:  (8)  The 
computation  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  computa- 
tion 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  benefits  so  charged  exceed  contributions  so  credited,  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  except- 
ing paragraphs  (4)  and  (7)  above,  as  set  forth  in  paragraph  (10).  If  con- 
tributions 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: 

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% 

194:7  Contribution  Rate.  Amend  paragraph  (9)  of  RSA  282:6-D 
(supp)  as  amended  by  1955,  7:3  and  141:13  and  1961,  88:22  by  striking 
out  said  paragraph  and  inserting  in  place  thereof  the  following:  (9)  It  is 
further  provided  that,  subject  to  the  provisions  and  conditions  herein- 
above fully  described  as  to  the  status  of  the  unemployment  compensation 
fund  being  equal  to  or  exceeding  twenty  million  dollars,  said  employer's 
contribution  rate  effective  as  hereinabove  provided  shall,  after  computa- 
tion is  made  in  the  manner  described  in  the  next  preceding  paragraph, 
and  subject  to  the  provisions  and  conditions  of  this  section  otherwise  pro- 
vided, be  in  the  following  per  centum: 


1963]  Chapter  194  185 

Schedule  II 

Per  Centum  of  Average  Annual  Contribution 

Pay  Roll  Equals  or  Exceeds  Rate 


5%  2 

6%  2 

8%  1 

9%  1 

10%  1 

11% 

12% 

14% 
16% 
18% 


5% 
3% 
9% 
6% 

2% 
9% 
6% 

5% 
4% 
3% 


194:8  Contribution  Rate.  Amend  RSA  282:6-D  (supp)  by  inserting 
after  paragraph  (9)  the  following  new  paragraph  (10): 

Per  Centum  of  Average  Annual  Contribution 

Pay  Roll  Equals  or  Exceeds  Rate 

1%  2.9% 

3%  3.1% 

7%  3.5% 

10%  3.7% 

11%  4.0% 

194:9  Personnel.  Amend  subsection  K  of  RSA  282:9  by  striking  out 
the  whole  of  the  same  and  inserting  in  place  thereof  the  following:  K. 
Personnel.  The  commissioner  of  the  department  of  employment  security 
is  authorized  to  employ  all  the  necessary  officers,  accountants,  clerks, 
agents,  investigators,  auditors  and  other  persons  necessary  for  the  proper 
administration  of  this  chapter,  and  under  a  classification  plan  fix  the 
amount  of  their  compensation  according  to  the  responsibility  and  diffi- 
culty of  the  work,  quality,  and  length  of  service  and  other  relevant  factors, 
and  to  take  such  action  as  he  deems  necessary  and  appropriate  to  enable 
department  personnel  to  participate  in  a  plan  similar  to  the  government- 
wide  service  benefit  plan.  Selection,  retention  and  promotion  of  person- 
nel, excepting  those  positions  which  by  federal  law  need  not  be  under  a 
merit  system  of  personnel  administration,  shall  be  on  the  basis  of  merit 
and  shall  include  ability,  efficiency,  fitness,  veterans  statutory  preferences, 
where  feasible  an  open  competitive  examination,  training  and  experience. 
No  discrimination  may  be  exercised  against  any  person  in  recruitment, 
examination,  appointment,  training,  promotion,  retention,  or  any  other 
personnel  action,  because  of  race,  national  origin,  political  or  religious 
opinions  or  affiliations,  or  other  non-merit  factors.  The  commissioner 
shall  fix  the  duties  and  powers  of  all  department  personnel  and  may  au- 
thorize any  such  person  to  perform  any  of  the  functions  of  the  commis- 
sioner under  this  chapter.  The  commissioner  may,  other  statutes  to  the 


1S6  Chapter  194  [1963 

contrary  notwithstanding,  bond  such  persons  and  in  such  amounts  as  he 
in  his  sole  discretion  deems  proper  and  necessary.  The  federal  statutes 
and  regulations,  and  standards  promulgated  by  the  United  States  depart- 
ment of  labor  and  United  States  bureau  of  employment  security,  ap- 
plicable to  a  merit  system  of  personnel  administration  in  state  employment 
security  agencies  shall  be  applicable  to  the  department,  and  the  commis- 
sioner, as  well  as  any  other  affected  state  agency,  is  authorized  to  take 
whatever  steps  are  necessary  to  comply  therewith. 

194:10  Contingent  Fund.  Amend  subsection  C  of  RSA  282:10  (supp) 
as  amended  by  195'5,  141:!16  and  1961,  88:36  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,  late-filing  fees  and  pen- 
alties collected  under  the  provisions  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  commissioner:  (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  charg- 
ing 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  comptroller  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  employment  security  personnel  in  their  work, 
when  money  for  such  is  not  available  from  the  federal  government;  (4) 
for  rents,  fees,  salaries  and  equipment  when  money  for  such  is  not  avail- 
able from  the  federal  government;  (5)  for  any  other  purpose  which  is 
found  by  the  governor  and  council  to  be  in  furtherance  of  the  adminis- 
tration of  this  chapter.  Monies  in  this  fund  shall  not  be  expended  or 
available  for  expenditure  in  any  manner  which  would  permit  their  substi- 
tution 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  chapter.  This  fund  shall  be  used  by  the  com- 
missioner 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  reasonable  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  neces- 
sary 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 


1963]  Chapter  194  187 

at  any  time  or  be  transferred  to  any  other  fund  except  as  herein  provided. 
In  the  event  that  a  refund  of  interest,  a  fine,  a  late-filing  fee  or  a  penalty 
is  found  necessary,  and  such  interest,  fine,  late-filing  fee  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. 

194:11  Reciprocal  Arrangements.  Amend  subsection  A  of  RSA 
282:16  by  inserting  after  paragraph  (4)  the  following  new  paragraph 
(5):  (5)  The  said  department  may  administer,  at  no  cost  to  this  state,  as 
an  agent  of  the  United  States  of  America,  employment  security  programs 
authorized  by  the  Congress  of  the  United  States  and  pursuant  thereto 
may  receive  and  disburse  federally  granted  monies.  All  the  power  and 
authority  otherwise  granted  in  this  chapter  to  the  commissioner  shall 
equally  apply  under  this  provision.  The  commissioner  may  create  in  the 
state  treasury  such  special  funds,  the  monies  in  which  shall  not  lapse  at 
any  time  or  be  transferred  to  any  other  fund,  except  as  permitted  under 
federal  law,  as  he  determines  necessary  to  carry  out  the  purposes  of  this 
provision,  and  the  state  treasurer  shall  be  custodian  of  such  fund  under 
such  conditions  as  are  otherwise  provided  in  section  8-B  of  this  chapter. 

194:12  Separability  of  Provisions.  If  any  portion  of  this  act,  or  the 
application  thereof  to  any  person  or  circumstance,  shall  be  held  invalid, 
the  remainder  thereof  or  the  application  of  such  invalid  portion  to  other 
persons  or  circumstances  shall  not  be  effected  thereby. 

194:13  Personnel.  Amend  RSA  98  by  inserting  after  section  2  the 
following  new  section:  98:2-a  Exception.  In  any  case  of  employees  of 
the  department  of  employment  security  where  the  federal  government 
has  determined  that  the  state  classification  system  does  not  meet  federal 
standards,  required  by  paragraph  K  of  RSA  282:9,  the  provisions  of  the 
federal  standards  applicable  to  a  merit  system  of  personnel  administration 
in  state  employment  security  agencies  shall  be  controlling  and  the  state 
classification  system  shall  not  be  applicable  in  any  such  case  insofar  as 
inconsistent  with  said  federal  standards. 

194:14   Takes  Effect.    Sections  6,  7  and  8  of  this  act  shall  take  effect 
January  11,  1964.  Sections  3  and  5  of  this  act  shall  take  effect  April  1,  1964. 
Sections  1,  2,  4,  9,  10,  11,  12  and  13  of  this  act  shall  take  effect  sixty  days 
after  its  passage. 
[Approved  June  26,  1963.] 
[Effective  date: 

Sections  6,  7  and  8  —  January  1,  1964 

Sections  3  and  5  —  April  1 ,  1 964 

Sections  1,2,4,9,  10,  11,  12  and 
13  — August  25,  1963.] 


188  Chapter  195  [1963 

CHAPTER  195. 

AN  ACT  RELATIVE  TO  POSTING  WARRANTS  FOR  ELECTION  OF  SCHOOL 
DISTRICT  OFFICERS  AT  TOWN  MEETING. 

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

195:1  School  District  Officers.  Amend  RSA  197  by  inserting  after 
section  1-f  (supp)  as  inserted  by  1961,  134:2  the  following  new  section: 
197:l-g  Posting  Warrants.  Where  a  school  district  has  voted  to  elect  its 
district  officers  at  the  annual  town  meeting,  in  accordance  with  the  pro- 
visions of  section  1-a,  the  school  board  shall  post  a  special  warrant  for  the 
election  of  such  officers,  as  they  are  required  to  do  under  sections  5  and  7. 
If  the  annual  meeting  of  the  school  district  for  other  business  is  to  be 
held  at  some  other  time  than  at  the  town  meeting  the  school  board  shall 
post  the  warrant  for  said  annual  meeting  omitting  the  article  relative  to 
election  of  district  officers.  The  school  warrant  for  the  election  of  district 
officers  shall  prescribe  the  time  the  polls  are  to  open  and  also  an  hour 
before  which  the  polls  may  not  close.  Said  prescribed  times  shall  be  the 
same  as  those  set  for  the  opening  and  closing  of  polls  for  the  town  meeting. 

195:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  196. 

AN  ACT  RELATIVE  TO  THE  BEAVER  BROOK  FLOOD  CONTROL  PROJECT. 

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

196:1  Water  Resources  Board.  Amend  RSA  by  inserting  after  chap- 
ter 481  the  following  new  chapter: 

Chapter  48 1-A 

Beaver  Brook  Flood  Control  Project 

481 -A:  1  Authority  Granted.  The  water  resources  board  is  hereby 
authorized  to  cooperate  with  the  federal  government  in  the  development 
by  the  federal  government  of  the  flood  control  project  contemplated  for 
Beaver  Brook  under  the  provisions  of  the  federal  Flood  Control  Act  of 
1936,  as  amended.  With  the  approval  of  the  governor  and  council  the 
board  may:  (a)  Acquire  and  hold,  in  the  name  of  the  state,  land,  ease- 


1963]  Chapter  197  189 

ments,  rights-of-way  and  other  rights  and  interests  in  land,  used  or  to  be 
used  in  connection  with  said  flood  control  project; 

(b)  In  cooperation  with  the  department  of  public  works  and  high- 
ways, with  the  city  of  Keene  and  with  other  interested  parties,  arrange 
for  the  relocation  of  highways  and  utility  lines  where  necessary  for  the 
purposes  of  said  flood  control  project; 

(c)  Upon  completion  of  said  project  by  the  federal  government,  op- 
erate and  maintain  the  same  for  flood  control  purposes; 

(d)  Enter  into  agreements  with  the  federal  government,  with  the 
city  of  Keene,  with  other  political  subdivisions  and  with  other  persons, 
firms  or  corporations  appropriate  to  carry  out  the  purposes  hereof; 

(e)  In  the  acquisition  of  real  property,  exercise  the  powers  conferred 
upon  the  board,  both  with  respect  to  purchase  and  eminent  domain,  by 
RSA  481:10; 

(f)  Accept  gifts  and  grants  of  funds  or  of  personal  property  to  be 
used  in  connection  with  said  flood  control  project. 

196:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  197. 

AN  ACT  PROHIBITING  THE  DELIVERING  OF  ARTICLES  TO  PRISONERS  IN 
JAILS  AND  HOUSES  OF  CORRECTION. 

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

197:1  Jails  and  Houses  of  Correction.  Amend  RSA  chapter  619  by 
inserting  at  the  end  thereof  the  following  new  sections:  619:29  Delivery 
of  Articles  Prohibited.  No  person  shall  deliver  or  procure  to  be  delivered 
or  have  in  his  possession  with  intent  to  deliver  to  a  prisoner  confined  in 
a  jail  or  house  of  correction,  or  deposit  or  conceal  in  any  building  or  upon 
any  land  appurtenant  thereto,  any  article  with  intent  that  a  prisoner  shall 
receive  or  obtain  it,  or  receive  from  a  prisoner  any  article  with  intent  to 
convey  it  out  of  said  jail  or  house  of  correction  without  the  knowledge 
of  the  person  in  charge  of  said  jail  or  house  of  correction.  619:30  Penalty. 
A  person  convicted  of  violating  any  of  the  provisions  of  section  29  shall 
be  fined  not  more  than  one  hundred  dollars  or  imprisoned  for  not  more 
than  six  months,  or  both. 


190  Chapter  198  [1963 

197:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  198. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OF  CERTAIN  DEPART- 
MENTS OF  THE  STATE  FOR  THE  YEAR  ENDING  JUNE  30,  1964. 

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

198:1  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, 
1964,  to  wit:  A  continuing  appropriation  which  shall  not  lapse,  shall  not 
be  transferred  to  any  department,  institution  or  account,  and  which  shall 
for  the  expenses  of  the  legislature,  including  $57,500;J:  for  the  office  of 
legislative  budget  assistant  to  the  appropriations  and  finance  committees, 
and  $14,500  for  the  office  of  research  analyst  to  the  senate  finance  com- 
mittee, as  follows:  (Salary  of  legislative  budget  assistant  $13,120,  other 
personal  services  $37,880,  other  expenditures  $6,500*)  (Salary  of  research 
analyst  to  senate  finance  committee  $8,500,  other  personal  services  $5,000, 
other  expenditures  $1,000)  $393,900tt 

Legislative  council  f  2,500 

Coimcil  of  state  governments  3,600 


Total  for  legislative  branch  $400,000 


*In  this  appropriation  $4,000,  or  so  much  as  necessary,  shall  be  ex- 
pended by  the  legislative  budget  assistant  for  an  audit  of  the  state  treas- 
ury. 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. 

fThe  funds  in  this  appropriation  shall  not  lapse  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 

;J:Of  this  amount  $47,500  shall  be  taken  from  the  legislative  appro- 
priation made  herein  and  $10,000  shall  be  taken  from  the  unexpended 


1963]  Chapter  198  191 

balance  now  in  the  accounts  of  the  legislative  budget  assistant's  office. 
The  legislative  budget  assistant  shall,  when  overtime  or  temporary  assist- 
ance is  necessary,  obtain  such  assistance  and  determine  the  compensation 
therefor. 

ffDming  the  period  when  the  legislature  is  not  in  session  no  expen- 
diture shall  be  charged  against  the  appropriation  for  the  expenses  of  the 
legislature,  exclusive  of  the  appropriations  included  therein  for  the  office 
of  the  legislative  budget  assistant  to  the  appropriations  and  finance  com- 
mittees, the  office  of  research  analyst  to  the  senate  finance  committee,  and 
the  office  of  the  director  of  legislative  services,  without  the  approvals  of 
the  president  of  the  senate  and  the  chairman  of  the  senate  finance  com- 
mittee, or  without  the  approvals  of  the  speaker  of  the  house  and  the 
chairman  of  the  house  appropriations  committee.  In  the  event  of  a  va- 
cancy in  the  office  of  the  chairman  of  either  of  said  committees,  the  vice 
chairman  of  said  committee  shall  exercise  the  authority  herein  conferred 
on  the  chairman. 

For  executive  branch: 
Office  of  governor: 

Salary  of  governor  $16,587 

Other  personal  services: 

Other*  45,000 


Total  $61,587 

Current  expenses  7,500 

Travel  1,800 

Equipment  750 


Total  $71,637 

Contingent  fund  15,000 

Special  citations  to  state  employees  300 

Governor's  special  fundf  10,000 


Total  for  governor's  office  $96,937 

Executive  council: 
Personal  services: 

Other  —  per  diem  $15,500 

Secretary  to  governor's  council  3,000 


Total  $18,500 

Current  expenses  2,300 

Travel  '5,000 

Equipment  (for  furniture)  1,000 


Total  for  executive  council  $26,800 


192  Chapter  198  [1963 

Emergency  fund  75,000 


Total  for  executive  branch  $198,737 


*Salaries  paid  out  of  this  appropriation  shall  be  at  levels  set  by  the 
governor. 

fThe  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- 
ernors Conference,  the  New  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  $81,675 

Salary  of  clerk-reporter  10,541 

Salary  of  supreme  court  assistant  5,663 

Other  personal  services: 

Permanent  3,647 

Other  2,260 


Total  $103,786 

Current  expenses  4,200 

Travel  2,700 
Other  expenditures: 

N.  H.  supreme  court  reports  6,000'^ 


Total  $116,686 

Less  estimated  revenue  600 


Net  appropriation  $116,086 

*The  funds  in  this  appropriation  shall  not  lapse,  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 

For  superior  court: 

Salaries  of  judges  $  1 1 3,380 

Other  personal  services: 

Permanent  43,091* 

Other  200 


Total  $156,671 

Current  expenses  6,000 

Travel  15,000 

Total  $177,671 


1963]  Chapter  198  193 

Less  reimbursements  43,091* 


Net  appropriation  134,580 

*The  total  of  this  appropriation  may  be  increased  with  the  approval 
of  the  governor  and  council  provided  that  the  counties  are  billed  for 
total  expenditures. 
For  judicial  council  7,150f 

fThe  funds  in  this  appropriation  shall  not  lapse,  but  shall  be  avail- 
able for  expenditure  in  the  following  year.  In  this  appropriation  $4,600 
shall  be  for  the  salary  of  the  secretary. 

For  probate  court: 

Salaries  of  judges  $35,188 

Salaries  of  registers  34,040 

Salaries  of  deputies  36,810 


Total  106,038 

For  administrative  committees: 

Administrative  committee  for  municipal  courts  $2,500]; 

Administrative  committee  for  probate  courts  750 


Total  3,250 


Total  for  judicial  branch  $367,104 


:|:The  funds  in  this  appropriation  shall  not  lapse,  but  shall  be  avail- 
able for  expenditure  in  the  following  year,  and  any  unexpended  balance 
in  the  account  for  the  administrative  committee  for  municipal  courts  at 
June  30,  1963,  if  lapsed,  shall  be  reinstated  and  shall  be  available  for 
expenditure  until  June  30,  1965. 

For  adjutant  general's  department: 
Central  administrative  office: 

Salary  of  adjutant  general  $10,947 

Other  personal  services: 

Permanent  48,602 


Total  $59,549 

Current  expenses  6,300 
Other  expenditures: 

State  flags  180 

Total  $66,029 


194 


Chapter  198 


[1963 


National  guard: 
Personal  services: 

Other 
Current  expenses 
Travel 
Other  expenditures: 

Social  security 

Total 


$12,000 
2,275 
1,175 

300 


15,750 


Armories: 

Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Equipment 

Total 

National  guard  rifle  range: 
Current  expenses 

Officers'  uniform  allowance: 
Current  expenses 

State  military  reservation:  Concord 
Personal  services: 

Permanent 
Current  expenses 
Travel 
Equipment 

Total 

State  military  reservation,  Grenier 
air  force  base,  Manchester: 

Personal  services: 

Permanent 
Current  expenses 
Travel 

Total 

Drill  expense: 
Travel 


$95,069 
2,756 

$97,825 

87,500 

2,340 


$29,271 

28,425 

65 

3,040 


$10,82-8 

36,000 

600 


187,665 

250 
8,500 


60,801 


47,428 
400 


1963]  Chapter  198  195 

New  Hampshire  military  academy  5,000 


Total  for  adjutant  general's  department  $391,823 

Less  estimated  revenue  70,221 


Net  appropriation  $321,602 


For  administration  and  control: 

Division  of  budget  and  control: 

Salary  of  comptroller  $13,124 

Salary  of  business  supervisor  '10,241 

Salary  of  assistant  business  supervisor  8,891 

Salary  of  farm  supervisor  7,765 

Other  personal  services: 

Permanent  3,592 

Other  2,000 


Total 

$45,613 

Current  expenses 

2,9015 

Travel 

1,300 

Equipment 

640 

Other  expenditures: 

Atlantic  marine  fisheries 

700t 

Firemen's  relief 

4,000t 

League  of  N.  H.  arts  and  crafts 

10,000 

New  England  board  of  higher 

education: 

Expenses 

5,000 

Grants 

50,000tt 

Oasi  contributions: 

State  employees 

435,000 

Teachers 

360,000 

Total  $915,158 

fExpenditures  in  this  appropriation  shall  be  subject  to  prior  ap- 
proval by  the  governor  and  council. 

ffOther  provisions  of  law  notwithstanding  the  balance  at  June  30, 
1963,  shall  lapse  on  July  1,  1963  to  the  unappropriated  surplus  of  the 
general  fund. 

Division  of  accounts: 

Salary  of  director  $9,329 


196  Chapter  198  [1963 

Other  personal  services: 

Permanent  68,808 

Other  1,500 


Total  $79,637 

Current  expenses  23,205 

Travel  400 

Equipment  360 


Total  103,602 

Division  of  investigation  of  accounts: 
Personal  services: 

Permanent  $26,304 

Current  expenses  325 

Travel  3,969 


Total  30,598 

Division  of  purchase  and  property: 

Salary  of  director  $10,301 
Other  personal  services: 

Permanent  54,029 

Other  1,875 

Current  expenses  4,200 

Travel  1,700 

Equipment  700 

Total  72,805 

Division  of  buildings  and  grounds: 
Personal  services: 

Permanent  $153,928 

Other  11,395 


Total  $1165,323 

Current  expenses  84,882 

Equipment  3,835 

Other  expenditures: 

Wide  area  telephone  service 

(Wat)  intra  state  4,304 


Total  $258,344 

Less  estimated  revenue  16,932 


Net  appropriation  241,412 


1963]  Chapter  198  197 


Mailing  division: 


Personal  services: 

Permanent  $11,928 

Current  expenses  849 

Equipment  25 


Total  12,802 

Records  management  and  archives: 

Salary  of  director  $7,262 

Personal  services: 

Permanent  6,515 

Other  500 


Total  $14,277 

Current  expenses  4,213 

Travel  575 


Total  19,065 

State  historical  commission: 
Personal  services: 

Other  $500 

Current  expenses  l,880f 

Travel  1,526 


Total  3,906 

fin  this  appropriation  $1,200  shall  be  for  printing  and  binding  and 
shall  not  lapse  until  June  30,  1965. 

N.  H.  distributing  agency: 
Surplus  foods: 

Salary  of  director  $8,587 

Other  personal  services: 

Permanent  27,269 

Other  4,500 


Total  $40,356 

Current  expenses  17,125 

Travel  2,675 

Equipment  2,390 

Other  expenditures: 

Oasi  and  retirement  2,645 

Total  $65,191 


198  Chapter  198  [1963 

Less  estimated  revenue  and  balance*  65,191 


Net  appropriation 

Surplus  property: 

Salary  of  deputy  director  $8,049 

Other  personal  services: 

Permanent  8,681 

Other  900 


Total  $17,630 

Current  expenses  17,125 

Travel  1,585 

Equipment  600 

Other  expenditures: 

Oasi  and  retirement  1,234 


Total  $38,174 

Less  estimated  revenue  and  balance*  38,174 


Net  appropriation 


*Authority  is  hereby  given  to  utilize  so  much  as  may  be  necessary  of 
the  balance  accumulated  at  June  30,  1963,  or  any  surplus  accumulating 
during  the  fiscal  year  1964  within  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  $1,399,348 


For  agriculture: 

Office  of  commissioner: 

Salary  of  commissioner  $9,763 

Other  personal  services: 

Permanent  37,028 


Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 

Feed,  seed  and  fertilizer  analytical  services 
Special  consultant 

$46,791 

8,700 

4,150 

550 

25,000 
1,876 

Total  $87,067 


1963]  Chapter  198  199 

Division  of  markets  and  standards: 
Bureau  of  markets: 
Personal  services: 

Permanent  $38,287 

Other  936 


Total  $39,223 

Current  expenses  14,000 

Travel  2,575 

Equipment  2,065 

Other  expenditures: 

Cooperative  grant  to  New  England 

crop  reporting  service  800 

Rodent  control  work  in  cooperation 

with  federal  government  200 

Federal  supervision  in  connection 

with  farm  produce  inspection  150 


Total  59,013 

Bureau  of  weights  and  measures: 
Personal  services: 

Permanent  $32,916 

Current  expenses  3,010 

Travel  4,375 

Equipment  3,250 


Total  $43,551 

Less  estimated  revenue  15,000 


Net  appropriation  28,551 

Division  of  animal  industry: 

Salary  of  state  veterinarian  $il 0,662 

Other  personal  services: 

Permanent  36,579 

Other  2,305 


Total  $49,546 

Current  expenses  3,900 

Travel  5,100 

Equipment  2,000 

Other  expenditures: 

Tubercular  testing  32,000 

Brucellosis,  vibrosis  and  leptospirosis  testing          30,775 

Testing  for  mastitis  control                                          1,575 


200 


Chapter  198 


[1963 


Indemnities  for  condemned  animals 
Diamostic  services  for  domestic  animals 
Veterinary  services  —  other  than  testing 

Total 


500 

12,000 
150 


137,546 


Division  of  plant  disease  suppression  and  control: 

Salary  of  state  entomologist  $3,542 
Other  personal  services: 

Permanent  14,272 

Other  6,000 

Total  $23,814 

Current  expenses  1,400 

Travel  5,450 

Equipment  3,898 

Total 


34,562 


Division  of  milk  control: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
Public  hearings 


Total 

Less  estimated  revenue 

Net  appropriation 


$14,128 
800 

$14,928 
1,450 
2,525 
1,800 

250 

$20,953 
20,953 


Veterinary  examiners 

Tests  for  germination  and  purity  of  agricultural  seeds       $650 
Less  revenue  and  balance  650 


Net  appropriation 
Vesicular  exanthema 

Less  revenue  and  balance 


$50 
50 


0 

450 


Net  appropriation 


1963]                                           Chapter 

Licensing  of  live  poultry  dealers 
Less  revenue  and  balance 

198 
:ulture 

$300 
300 

201 

Net  appropriation 

Soil  conservation  districts  (ten) 

Grants: 

State  soil  conservation  committee 
Eastern  states  exhibit 

$300 
2,000 

0 

2,500 

Total 

2,300 

Total  for  department  of  agric 
Less  transfersf 

$351,989 
7,750 

Net  appropriation 

$344,239 

f Notwithstanding  any  other  provisions  of  law  to  the  contrary,  there 
shall  be  transferred  from  the  balances  of  the  following  funds  the  amounts 
as  set  forth  herewith:  economic  poisons  law,  $5000;  tests  for  germination 
and  purity  of  agricultural  seeds,  $1,250;  vesicular  exanthema  $500;  sale 
of  animals  and  birds,  $1000;  totalling  $7,750. 

For  attorney  general: 

Office  of  attorney  general: 

Salary  of  attorney  general  $12,771 

Salary  of  deputy  attorney  general  11,416 

Salaries  of  four  assistant  attorneys  general  39,012 

Other  personal  services: 

Permanent  43,739 

Other  1,500 


Total  $108,438 

Current  expenses  6,000 

Travel  3,500 

Equipment  2,550 

Other  expenditures: 

Subversive  investigation  2,000* 

Commission  on  uniform  laws: 

Dues  $600 

Travel  400  1,000 

Legal  services  re  dept.  of  public 
works  and  highways  6,000 


202 


Chapter  198 


[1963 


Law  enforcement  manual 
Northeastern   regional   conference 

Total 

Less  estimated  revenue 

Net  appropriation 


4,000t 
l,500t 


$134,988 
33,515 


$101,473 


*No  part  of  this  appropriation  shall  be  spent  without  prior  approval 
of  the  governor,  and  no  part  of  this  appropriation  shall  be  transferred  or 
expended  for  any  other  purpose. 

f  These  funds  shall  not  lapse. 

;J:The  funds  in  this  appropriation  shall  not  lapse,  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 

Legal  assistance  for  land  acquisition: 
Personal  services: 

Permanent  $24,608 

Other  expenditures: 

Travel,  current  expenses  and  equipment         6,000 


Total  $30,608 

Less  transfer  from  highway  fund  30,608 

Net  appropriation 

Division  of  charitable  trusts: 

Salary  of  director  $5,435 

Other  personal  services: 

Permanent  5,227 

Other  400 

Total  $11,062 

Current  expenses  500 

Travel  300 

Equipment  660 

Total 

Total  for  attorney  general 

For  department  of  health  and  welfare: 

Office  of  commissioner  of  health  and  welfare: 

Salary  of  commissioner  $16,583 


12,522 
$113,995 


1963]  Chapter  198  203 

Other  personal  services: 

Permanent  4,780 


Total  $21,363 

Current  expenses  3,000 

Travel  2,200 

Equipment  2,100 


Total  $28,663 

Upon  request  of  the  commissioner,  after  consultation  with  the  ad- 
visory commission,  the  governor  and  council  may  approve  transfers  of 
personnel,  equipment,  and  appropriations  to  the  office  of  the  commis- 
sioner or  between  any  other  divisions  of  the  department. 

Transfers  of  personnel  shall  require  approval  of  the  director  of  per- 
sonnel. 

Division  of  public  health  services: 
Health: 

Administration:  state 

Salary  of  director  of  public  health  services       $14,888 

Other  personal  services: 

Permanent  30,807 

Other  1,580 


Total  $47,275 

Current  expenses  12,000 

Travel  800 


Total  $60,075 

Less  credit  transfers  6,300 


Net  appropriation  $53,775 

Administration:  federal 
Personal  services: 

Permanent  $7,810 

Current  expenses  5,750 

Travel  1,400 


Total*  $14,960 

Less  estimated  revenue*  14,960 


Net  appropriation 


204  Chapter  198  [1963 

Business  management:  state 
Personal  services: 

Permanent  $21,676 

Current  expenses  1,700 


Total  23,376 

Business  management:  federal 
Personal  services: 

Permanent  $15,091 

Other  100 


Total 

$15,191 

Current  expenses 

2,200 

Travel 

1,100 

Equipment 

1,500 

Other  expenditures: 

Merit  system  participation 

2,100 

Training 

425 

Apha  examinations 

2,000 

Total* 

$24,516 

Less  estimated  revenue* 

24,516 

Net  appropriation 

Special  health  services:  state 
Personal  services: 
Permanent  $3,656 

Other  5,000 


Total  $8,656 

Current  expenses  10,000 


Total  18,656 

Special  health  services:  federal 
Personal  services: 

Other  $,11,000 

Current  expenses  9,000 

Travel  1,400 

Equipment  75 

Other  expenditures: 

Chronic  illness  60,000 

Total*  $81,475 


1963]  Chapter  198 

Less  estimated  revenue*  81,475 

Net  appropriation 

Hospital  services:  state 
Personal  services: 

Permanent  $'27,479 

Other  2,000 

Total  $29,479 

Current  expenses  550 

Travel  2,275 

Equipment  300 

Total 

Vital  statistics:  state 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 

Total! 

;j:Any  revenue  received  in  addition  to  this 
available  for  expenditure  for  said  purposes. 

Vital  statistics:  federal 
Personal  services: 

Permanent 
Current  expenses 

Travel 
Equipment 

Total* 

Less  estimated  revenue* 

Net  appropriation 

Public  health  nursing:  state 
Personal  services: 

Permanent  $74,355 

Current  expenses  630 


205 


32,604 

$34,640 
500 

$35,140 
2,000 

37,140 

appropriation  shall  be 


$2,982 
2,400 


550 
100 


$6,032 
6,032 


206 


Chapter  198 


[1963 


Travel 
Equipment 


3,000 
400 


Total 

Communicable  disease  control:  federal 
Personal  services: 


Total 

Public  health  nursing:  federal 
Personal  services: 
Permanent 
Other 

$30,213 
700 

Total 
Current  expenses 
Travel 

$30,913 

6,000 

11,250 

Total* 

Less  estimated  revenue* 

$48,163 
48,163 

Net  appropriation 

Communicable  disease  control:  state 
Personal  services: 
Permanent 
Other 

$39,037 
4,000 

Total 
Current  expenses 
Travel 
Equipment 

$43,037 

27,500 

2,900 

800 

Other 
Current  expenses 

evenue* 

$3,000 
10,900 

Total* 

Less  estimated  r 

$13,900 
13,900 

Net  appropriation 

Dental  public  healtli: 
Personal  services: 
Permanent 
Other 

state 

$22,457 
5,260 

Total 
Current  expenses 

$27,717 
375 

78,385 


74,237 


1963]  Chapter  198  207 

Travel  250 


Total  $28,342 

Less  revenue  grantsij:  5,260 


Net  appropriation  23,082 

:J:Any  revenue  in  excess  of  this  estimate  shall  be  available  for  further 
expenditure  for  said  purpose. 

Dental  public  health:  federal 
Personal  services: 

Other  $5,260 

Current  expenses  800 

Travel  2,000 


Total*  $8,060 

Less  estimated  revenue*  8,060 


Net  appropriation 

Maternal  child  health  and  crippled  children's  services:  state 
Personal  services: 

Permanent  $23,940 

Other  4,000 


Total 
Current  expenses 
Travel 

Other  expenditures: 
Cystic  fibrosis 

Convalescent  care  and  clinics  - 
and  support  of  personsf 

$27,940 

32,500 

500 

'5,000 
-  subsistence 

60,000 

Total  125,940 

fThe  division  of  investigation  of  accounts  shall  investigate  the  ability 
to  pay  of  patients  and  those  legally  chargeable  for  their  support  and  main- 
tenance for  care,  treatment,  or  maintenance  furnished  hereunder  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  charge- 
able with  his  support  where  said  person  or  persons  have  a  weekly  income 
or  other  resource  more  than  sufficient  to  provide  a  reasonable  subsistence 
compatible  with  decency  and  health. 

Maternal  child  health  and  crippled  children's  services;  federal 
Personal  services: 

Permanent  $17,841 


208  Chapter  198  [1963 

Other  21,744 


Total  $39,585 

Current  expenses  80,000 

Travel  2,000 

Other  expenditures: 

Convalescent  care  and  clinics  —  subsistence 

and  support  of  persons  40,000 

Other  awards  and  indemnities  3,750 


Total*  $165,335 

Less  estimated  revenue*  165,335 


Net  appropriation 

Occupational  health:  state 
Personal  services: 

Permanent  $38,755 

Current  expenses  425 

Travel  1,350 

Equipment 


333 


Total  40,863 

Occupational  health:  federal 
Personal  services: 

Permanent  $6,286 

Current  expenses  1,900 

Travel  3,000 

Equipment                                     .  2,455 

Total*  $13,641 

Less  estimated  revenue*  13,641 


Net  appropriation 

Food  and  chemistry:  state 
Personal  services: 

Permanent  $73,269 

Other  1,750 


Total  $75,019 

Current  expenses  3,900 

Travel  11,750 

Equipment  280 

Total  90,949 


1963]  Chapter  198  209 

Sanitary  engineering:  state 
Personal  services: 

Permanent  $61,315 

Other  5,800 


Total  $67,115 

Current  expenses  4,900 

Travel  7,500 

Equipment  425 


Total  79,940 

Laboratory  services:  state 
Personal  services: 

Permanent  $65,495 

Other  700 


Total  $66„195 

Current  expenses  4,500 

Travel  750 

Equipment  2,785 


Total  74,230 

Laboratory  services:  federal 

Current  expenses  $15,579 


Total*  $15,579 

Less  estimated  revenue*  15,579 


Net  appropriation 
Alcoholism: 

Personal  services: 

Permanent  $65,542 

Other  7,750 


Total  $73,292 

Current  expenses  7,750 

Travel  3,000 


Total  84,042 


Total  for  health  $837,219 


*A11  amounts  asterisked  (*)  in  this  appropriation  for  health  are  avail- 
able for  expenditure  only  if  funds  are  available  from  a  federal  grant.  If 


210  Chapter  198  [1963 

the  federal  grants  received  exceed  the  estimates  such  excess  may  be  ex- 
pended for  said  purposes  with  the  approval  of  the  governor  and  council. 

Sanatorium: 

Administration: 

Salary  of  superintendent  $11,037 

Other  personal  services: 

Permanent  14,556 

Otherf  1,300 


Total  $26,893 

Current  expenses  2,200 

Travel  1,560 


Total  $30,653 

fOf  this  amount  the  sum  of  $1,000  shall  be  paid  to  the  superin- 
tendent, in  addition  to  his  regular  salary,  for  extra  work  in  connection 
with  outpatient  services. 


Professional  care  and  treatment: 

Personal  services: 

Permanent 

$124,439 

Other 

7,200 

Total 

$131,639 

Current  expenses 

21,000 

Equipment 

1,325 

Total 

Custodial  care:* 

Personal  services: 

Permanent 

$71,684 

Other 

2,500 

Total 

$74,(184 

Current  expensesij; 

34,000 

Equipment 

2,660 

153,964 


Total  110,844 

*One  position  of  building  service  worker  I  is  abolished. 

:]:In  this  appropriation  $6,000  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 
$6,000. 


1963] 


Chapter  198 


211 


Operation  of  plant: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Equipment 

Other  expenditures: 


$51,832 
500 

$52,332 

25,367 

2115 


Cutting  wood  for  institutional  buildings*        1,000 


Total 


78,914 


*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. 


Maintenance  of  plant: 
Personal  services: 

Permanent  $600 

Current  expenses  13,950 

Equipment  350 

Other  expenditures: 

Tear  down  women's  ward  1,000 

Remove  south  end  of  men's  ward  750 

Remove  old  barn  400 
Install  vinyl  asbestos  tile  in  dining  room  1,500 
Replace  roof  and  lower  chimney  on 

service  building  1,500 

Total 


20,050 


^riculture: 
Personal  services: 

Permanent 

Other 

$10,472 
1,135 

Total 
Current  expenses 
Equipment 

$11,607 
5,310 

1,825 

Total 

Less  credit  transfers 

$18,742 
7,000 

212 


Chapter  198 

Less  estimated  revenue  11,620 

Net  appropriation 

Total  for  sanatorium 
Less  refunds  (maintenance) 

Net   appropriation 

Water  pollution: 
State  funds: 

Personal  services: 

Permanent  $76,332 

Other  4,000 


[1963 


Total 
Current  expenses 
Travel 

$80,332 

7,250 

10,500 

Total 

Federal  funds: 
Personal  services: 
Permanent 
Other 

$17,824 
4,250 

Total  $22,074 

Current  expenses  1,546 

Travel  4,000 

Equipment  5,570 

Other  expenditures: 

Oasi  and  retirement  1,410 

Total*  $34,600 
Less  estimated  revenue*        34,600 


Net  appropriation 


122 


$394,547 
10,000 

$384,547 


$98,082 


0 


*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: 


1963]  Chapter  198  213 

Other  $500 

Current  expenses  1,150 

Travel  800 


Total  2,450 

State  aid  to  municipalities  188,198 


Total  for  water  pollution  commission       $288,730 


Less  balance  re  state  aid  to 

municipalities  207,059 


Net  appropriation  $81,671 

Total  for  division  of  public  health  services  1,303,437 

Division  of  welfare: 
Administration: 

Salary  of  director  $12,728 

Other  personal  services: 

Permanentf  204,512 

Other  8,815 


Total 

$226,055 

Current  expenses 

41,500 

Travel 

5,728 

Equipment 

3,580 

Other  expenditures: 

Personnel  department 

(merit  system) 

3,600 

Employees  retirement 

32,570 

Oasi 

29,090 

Physical  examinations  for 

ap- 

plicants  re  disability 

500 

Educational  leave 

3,000 

Total  $345,623 

f  This  appropriation  includes  $3,000  to  be  paid  to  the  department  of 
the  attorney  general  for  legal  services  and  also  included  herein  is  a  posi- 
tion of  clerk-stenographer  IV. 

Field  services: 
Personal  services: 

Permanent  $469,056 


214 


Chapter 

198 

Other 

9,92'5 

Total 

$478,981 

Current  expenses 

57,000 

Travel 

20,000 

Equipment 

2,933 

Total 

Blind  services: 

Personal  services: 

Permanent 

$25,118 

Current  expenses 

993 

Travel 

3,800 

Other  expenditures: 

Education  of  the  blind 

60,000 

Sight  conservation 

29,000 

Total 

Child  welfare  services: 

Personal  services: 

Permanent 

$155,816 

Travel 

20,405 

Other  expenditures: 

Conferences  and  institutes 

1,500 

Foster  care 

2,605 

Specialized  services 

11,000 

Total 

$181,326* 

Less  estimated  federal 

funds 

96,487* 

[1963 


558,914 


118,911 


Net  appropriation 


84,839 


*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 


Child  welfare  services: 
Federal  funds: 
Personal  services: 
Other 

Other  expenditures: 
Educational  leave 

$7,465 
9,200 

Totalf 


$16,665 


1963]  Chapter  198  215 

Less  estimated  federal 
fundsf  16,665 


Net  appropriation  0 

fExpenditures  in  this  appropriation  shall  be  entirely  from  federal 
funds  and  shall  be  limited  to  the  amount  of  the  federal  grant  available  for 
this  purpose. 


Vocational  rehabilitation: 

Personal  services: 

Permanent 

$22,259 

Current  expenses 

400 

Travel 

2,852 

Other  expenditures: 

Case  services 

22,000 

Business  enterprises 

io,ooot 

Sheltered  workshop 

io,ooot 

In  service  training 

950 

Total 

$68,461* 

Less  estimated  federal 

funds 

43,357* 

Net  appropriation  25,104 

fExpenditures  from  these  funds  shall  be  subject  to  prior  approval  of 
the  governor  and  council.  These  funds  shall  not  be  transferred  or  used 
for  any  other  purpose. 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 


Special  children's  fund 
John  Nesmith  fund 

Old  age  assistance: 
State's  share 

Less  estimated  revenue 

$975,104 
91,000 

6,000 
3,700 

Net  appropriation 
Towns  and  counties 
Less  estimated  revenue 

$1,274,046 
1,274,046 

884,104 

Net  appropriation 
Federal* 

Less  estimated  revenue* 

$2,847,033 
2,847,033 

0 

216  Chapter  198  [1963 

Net  appropriation  0 

Old  age  assistance  to  aliens: 

Towns  and  counties  $152,521 

Less  estimated  revenue  152,521 


Net  appropriation 
Federal* 

Less  estimated  revenue* 

$2(17,551 
217,551 

Net  appropriation 

Aid  to  dependent  children: 
State's  share 

Less  estimated  revenue 

$1,091,994 
100,000 

Net  appropriation 
Federal* 

Less  estimated  revenue* 

$1,053,126 
1,053,126 

Net  appropriation 

Aid  to  needy  blind: 
State's  share 

Less  estimated  revenue 

$167,344 
2,200 

Net  appropriation 
Federal* 

Less  estimated  revenue* 

$145,020 
145,020 

Net  appropriation 

Aid  to  permanently  and  totally 
State's  share 

Less  estimated  revenue 

disabled: 

$178,891 
6,000 

Net  appropriation 
Towns  and  counties 
Less  estimated  revenue 

$264,940 
264,940 

Net  appropriation 
Federal* 

Less  estimated  revenue* 

$313,139 
313,139 

Net  appropriation 

Medical  aid  to  aged: 
State's  share  $290,000 


991,994 


165,144 


172,891 


0 


1963]  Chapter  198  217 

Less  balance  200,000 


Net  appropriation  90,000 

Federal*  $345,684 

Less  estimated  revenue*  345,684  0 


Total  for  division  of  welfare  $3,447,224 
Less  town  and  county  share  of  oasi 

administration  9,500 
Less  transfer  re  administration 

from  federal  grants  373,930 

Less  balance  36,623 


Net  appropriation  3,027,171 

*If  revenue  and  balance  exceed  estimates  in  the  federal,  town  and 
county  accounts  of  the  welfare  division,  such  excess  may  be  expended 
with  the  approval  of  the  governor  and  council,  provided  however  that  any 
federal  administration  funds  in  these  accounts  must  first  be  transferred 
to  the  estimated  revenue  account  for  that  purpose.  The  director  of  the 
division  of  welfare  shall  monthly  certify  to  the  comptroller  the  amount 
of  said  administration  funds  so  earned  and  the  comptroller  shall  then 
effect  the  transfer. 

Other  provisions  of  law  notwithstanding,  any  balances  remaining  in 
state  accounts  in  the  division  of  welfare  at  the  close  of  the  fiscal  year  shall 
lapse  to  unappropriated  surplus  of  the  general  fund. 

Division  of  mental  health: 
Office  of  director: 

Salary  of  director  $15,463 

Salary  of  coordinator  of  com- 
munity mental  health  serv- 
ices, research  and  educationf     8,765 
Current  expenses  600 

Travel  1,500 

Other  expenditures: 
Grants  to  communities 

re  mental  health  services  75,000* 


Total  $101,328 


•f-Pending  approval  by  director  of  personnel  after  establishment  of 
job  specifications. 

*The  funds  in  this  appropriation  shall  not  lapse,  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 


218 


Chapter  198 


[1963 


Laconia  state  school: 
Administration: 

Salary  of  superintendent  $13,185 

Salary  of  deputy  superin- 
tendent 11,884 

Other  personal  services: 

Permanent  53,451 

Total  $78,520 

Current  expenses  3,535 

Travel  1,175 

Equipment  535 

Total 

Professional  care  and  treatment: 
Personal  services: 

Permanent  $757,1110 

Other  11,300 


Total 

$768,410 

Current  expenses 

23,000 

Travel 

50 

Equipment 

2,523 

Total 

Custodial  care: 

Personal  services: 

Permanent 

$194,873 

Other 

2,500 

Total 

$197,373 

Current  expenses;]: 

255,000 

Travel 

100 

Equipment 

5,350 

$83,765 


793,983 


Total 


457,823 


;|:In  this  appropriation  $90,000  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. 


1963]  Chapter  198  219 


Operation  of  plant: 
Personal  services: 
Permanent 
Other 

Chapter 

sesf 

198 

$49,770 
284 

Total 
Current  expeni 
Equipment 

$50,054 

81,000 

4,355 

Total  135,409 

fin  this  appropriation  $3,000  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 
$3,000. 

Maintenance  of  plant: 
Personal  services: 

Permanent  $38,473 

Current  expenses*  29,000 

Equipment  2,400 

Other  expenditures: 

Materials  for  certain  main- 
tenance   projects***  7,500 


Total**  77,373 

*In  this  appropriation  $12,000  shall  be  for  care  of  grounds,  snow  re- 
moval, etc.,  and  the  institution's  farm  shall  receive  credit  for  all  supplies, 
work  and  services  rendered  even  though  in  excess  of  $12,000.  No  part  of 
this  appropriation  shall  be  transferred  to  any  other  appropriation  or  ex- 
pended for  any  other  purpose. 

** Within  this  amount  there  is  appropriated  a  sum  of  $14,966  for  ad- 
ditional personal  services  and  other  expenditures,  as  follows:  $3,647  for 
1  additional  Painter  I,  $3,819  for  1  Carpenter,  and  $7,500  for  Other  ex- 
penditures, materials  for  certain  maintenance  projects,  to  permit  the 
institution  to  accomplish  certain  maintenance  projects  deleted  from  the 
recommended  capital  budget,  deferred  maintenance. 

***This  appropriation  shall  not  lapse  but  shall  be  available  for  the 
purposes  specified  in  the  following  year. 

Agriculture: 

Personal  services: 

Permanent  $61,204 


220 


Other 

Chapter 

198 

2,650 

Total 
Current  expenses 
Travel 
Equipment 

$63,854 

45,025 

50 

2,100 

[1963 


Total  $1111,029 

Less  credit  transfers  105,000 

Less  estimated  revenue  7,500 


Net  reduction 

—  1,471 

Training  and  education: 

Personal  services: 

Permanent 

$180,174 

Other 

7,000 

Total 

$187,174 

Current  expenses 

7,850 

Travel 

163 

Equipment 

4,000 

Total 

199,187 

Total  for  Laconia  state  school          $1,746,069 

Less  refunds  (maintenance)                     13,000 

Net  appropriation 

$1,733,069 

State  hospital: 

Administration: 

Salary  of  superintendent 

$14,397 

Salary  of  assistant 

superintendent 

11,744 

Other  personal  services: 

Permanent 

(110,289 

Other 

1,000 

Total 

$137,430 

Current  expenses 

45,000+ 

Travel 

660 

Equipment 

2,116 

Total 


$185,206 


1963]  Chapter  198  221 

:|:In  this  appropriation  $20,000  shall  be  for  research  only  and  no  part 
of  this  amount  shall  be  used  for  any  other  purpose  and  no  transfer  shall 
be  made  therefrom. 

Professional  care  and  treatment: 
Salary  of  director  of  psychiatric 


education  and  research;!: 

$12,220 

Salaries  of  two  directors  of 

clinical  services 

23,938 

Salary  of  director  of  out- 

patient services 

12,116 

Salary  of  director  of  clinical 

and  surgical  services** 

13,345 

Other  personal  services: 

Permanentf 

2,603,653 

Other 

100,000 

Total 

$2,765,272 

Current  expenses 

114,000*t 

Travel 

3,500 

Equipment 

6,000 

Total  2,888,772 

;|;The  appropriation  for  the  state  hospital  includes  funds  for  main- 
tenance for  certain  positions,  one  of  which  is  the  director  of  psychiatric 
education  and  research.  In  lieu  of  maintenance,  notwithstanding  any 
other  provision  of  law,  the  sum  of  $2,500  shall  be  paid  to  said  director, 
G.  Donald  Niswander,  from  any  funds  appropriated  for  current  expenses 
within  said  appropriation  for  the  state  hospital. 

**Notwithstanding  any  other  provision  of  law,  a  position  of  director 
of  clinical  and  surgical  services  is  provided  herewith. 

fThree  new  positions  of  senior  psychiatrist,  salary  not  to  exceed 
$11,764  each  together  with  maintenance  not  to  exceed  $2,500  each,  are 
hereby  authorized  under  the  following  provisions:  Salaries  for  said  posi- 
tions shall  be  found  within  the  appropriations  made  herein  of  $2,603,653 
for  other  personal  services:  permanent,  for  professional  care  and  treat- 
ment and  of  $629,057  for  personal  services  permanent,  for  custodial  care. 
Maintenance  for  said  positions  shall  likewise  be  found  within  the  appro- 
priations made  herein  of  $114,000  for  current  expenses  for  professional 
care  and  treatment  and  of  $665,000  for  current  expenses  of  custodial  care. 
Any  funds  lapsed  under  the  provisions  of  RSA  99:4  (supp)  to  the  salary 
adjustment  fund  from  permanent  personal  services  for  professional  care 
and  treatment  and  from  permanent  personal  services  for  custodial  care, 
or  so  much  thereof  as  may  be  necessary,  shall  be  returned  to  permanent 
personal  services  for  professional  care  and  treatment  to  cover  the  salaries 
of  the  above  positions  authorized. 


222 


Chapter  198 


[1963 


•^In  this  appropriation  $80,000  shall  be  for  drugs. 
Custodial  care: 
Personal  services: 

Permanent  $629,057 

Other  20,000 


Total 
Current  expenses^ 
Equipment 

Total 


$649,057 

665,000 

20,000 


1,334,057 


Jin  this  appropriation  $(134,300  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 
$134,300. 


Operation  of  plant: 
Personal  services: 
Permanent 
Other 


$204,818 
10,000 


Total 

$214,818 

Current  expenses 

250,000 

Travel 

78 

Equipment 

7,500 

Total 

Maintenance  of  plant: 

Personal  services: 

Permanent 

$229,523 

Other 

350 

472,396 


Total  $229,873 

Current  expenses  45,000 

Equipment  1,200 

Other  expenditures: 

Materials  for  certain  main- 
tenance projects*  13,000 
Moving  of  switchboard  to 
Twitchell   Building  and 
conversion  to  two-opera- 
tor board**  5,500 


Total*** 


294,573 


1963] 


Chapter  198 


223 


*This  appropriation  shall  not  lapse  but  shall  be  available  for  the 
purposes  specified  in  the  following  year. 

**This  appropriation  shall  not  be  expended  or  transferred  for  any 
other  purpose. 

*** Within  this  amount  there  is  appropriated  a  sum  of  $16,647  to 
provide  for  additional  personal  services  and  other  expenditures,  as  follows: 
$3,647  for  1  additional  Painter  I,  and  $13,000  for  Other  expenditures. 
Materials  for  certain  maintenance  projects,  to  permit  the  institution  to 
accomplish  certain  maintenance  projects  deleted  from  the  recommended 
capital  budget,  deferred  maintenance. 


Agriculture: 

Personal  services: 

Permanent 

$68,192 

Other 

4,000 

Total 

$72,192 

Current  expenses 

48,500 

Travel 

25 

Equipment 

6,000 

Total  $126,717 

Less  credit  transfers  134,300 

Less  estimated  revenue  4,200 


Net  reduction 

Diagnostic  laboratory: 
Personal  services: 

Permanent 
Current  expenses 

$23,213 
750 

Total 

Memorial  unit: 
Personal  services: 
Permanent 
Other 

$16,946 
200 

Total 
Current  expenses 
Equipment 

$17,146 

6,000 

100 

— 11,783 


23,963 


Total 


23,246 


Total  for  state  hospital 


$5,210,430 


224 


Chapter  198 
Less  refunds  (maintenance) 

Net  appropriation 

Child  guidance  clinics: 
State  funds: 

Personal  services: 

Permanent  $63,368 

Other  1,500 


[1963 


153,000 


Net  appropriation 


$5,157,430 


Total 

$64,868 

Current  expenses 

4,800 

Travel 

500 

Total 

Federal  funds: 

Personal  services: 

Permanent 

$31,049 

Other 

4,500 

Total 

$35,549 

Current  expenses 

1,051 

Travel 

1,000 

Equipment 

350 

Other  expenditures: 

Merit  system 

250 

Retirement  and  Oasi 

1,200 

Grants  to  communities 

9,800+ 

Consultants 

15,800 

Total* 

$65,000 

Less  estimated  federal 

funds* 

65,000 

$70,168 


Xli  eligible  communities  fail  to  qualify  for  grants  under  this  appro- 
priation, said  appropriation  may  be  spent  for  other  purposes  of  the  child 
guidance  clinics  with  governor  and  council  approval. 


Total  for  child  guidance  clinics 


$70,168 


*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grrant. 


1963]  Chapter  198 

Total  for  division  of  mental  health 
Total  for  department  of  health  and  welfare 

For  barbers'  board: 
Personal  services: 

Other 
Current  expenses 
Travel 
Other  expenditures: 

Transfer  to  division  of  public  health  services  for 
salary  of  clerk  IV  and  temporary  clerk  typist  I 

Total 


225 

7,061,995 

$111,421,266 


$1,100 

850 

1,100 


2,151 


$5,201 


For  cancer  commission: 

State  funds: 

Personal  services: 

Permanent 

$10,262 

Other 

26,250 

Total 

$36,512 

Current  expenses 

141,750 

Travel 

1,300 

Equipment 

2,450 

Total 

$182,012 

Federal  funds: 

Personal  services: 

Permanent 

$7,932 

Other  expenditures: 

Cancer  registrations 

16,000 

Other  cancer  control  activities 

1,068 

Total* 

$25,000 

Less  estimated  revenue* 

25,000 

Net  appropriation 

0 

Total  for  cancer  commission 


$1182,012 


226  Chapter  198  [1963 

Less  estimated  revenue  32,000t 


Net  appropriation  $150,012 

*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. 

f 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  $225 

Current  expenses  ^^ 

Travel  '^^ 

Total*  $305 

Less  revenue  and  balance  305 


Net  appropriation  0 

*This  amount  available  for  expenditure  only  if  funds  are  available 
from  revenue  and  balance. 

For  dental  board: 
Personal  services: 

Other  $850 

Current  expenses  500 

Travel  975 


Total  $2,325 

Less  revenue  and  balance  2,325 


Net  appropriation 

For  board  of  registration  of  funeral  directors  and  embalmers: 
Personal  services: 

Other  $1,705 

Current  expenses  531 

Travel  1.800 


Total  $4,036 

Less  revenue  and  balance  4,036 


Net  appropriation 


1963]  Chapter  198  227 

For  board  of  hairdressers: 
Personal  services: 

Other  $2,000 

Current  expenses  1,345 

Travel  2,500 

Equipment  25 

Other  expenditures: 

Transfer  to  division  of  public  health  services  for 

salary  of  clerk  IV  and  temporary  clerk  typist  II       4,149 
Teachers  seminars  500 


Total  $10,519 


For  board  of  registration  in  medicine: 
Personal  services: 

Other  $1,520 

Current  expenses  1,600 

Travel  465 


Total  $3,585 


For  pharmacy  commission  for  the  period  from 
July  1,  1963  to  January  l,il964: 

Personal  services,  other  $255 

Current  expenses  150 

Travel  363 


Total  $768 


Dr  said  commission  for  period  January  1, 

11964  to  June  30,  19641 

Salary  of  inspector 

$2,500 

Other  personal  services 

925 

Current  expenses 

250 

Travel 

1,150 

Equipment 

350 

Total 

$5,175 

Less  income 

5,175 

Net  appropriation 

0 

228  Chapter  198  [1963 

f  Expenditures  from  this  appropriation,  shall  be  solely  from  and 
limited  to,  the  amount  of  income  in  the  pharmacy  fund.  Any  excess  of 
revenue  shall  not  lapse. 

For  veterans  council: 
Personal  services: 

Permanent  $14,025 

Current  expenses  894 

Travel  1,650 

Equipment  275 

Other  expenditures: 

Veterans'  burials  4,500 


Total  for  veterans'  council  $21,344 

Less  estimated  refunds  1,000 


Net  appropriation  $20,344 

For  insurance  department: 
Office  of  the  commissioner: 

Salary  of  commissioner  $11,127 

Salary  of  deputy  commissioner  9,776 

Other  personal  services: 

Permanent  49,017 


Total  $69,920 

Current  expenses  6,420 

Travel  1,300 

Equipment  770 


Total  $78,410 

Rating  division: 
Personal  services: 

Permanent  $14,523 

Other:  Insurance  actuaryf  5,000 


Total  $19,523 

Current  expenses  il,375 

Travel  300 

Equipment  300 


Total  21,498 

f  The  funds  in  this  appropriation  shall  be  for  the  employment  of 
necessary  actuarial  services  and  no  part  thereof  shall  be  transferred  to  any 
other  appropriation  or  expended  for  any  other  purpose. 


1963]  Chapter  198  229 

Real  estate  division: 
Personal  services: 

Permanent  $3,819 

Current  expenses  1,375 

Equipment  175 

Total  5,369 


Total  for  insurance  department  $105,277 
Less  transfer  of  balance  re  real 

estate  registration  fees  14,069 

Less  estimated  revenue  2,500 


Net  appropriation  $88,708 


For  department  of  labor: 
Office  of  commissioner: 

Salary  of  commissioner  $8,905 

Salary  of  deputy  commissioner  7,874 

Other  personal  services: 

Permanent  5,537 

Other  740 


Total  $23,056 

Current  expenses  7,910 

Travel  1,870 


* 


Total  $32,836 

*  In  this  appropriation  $6,960  shall  be  for  rental  of  office  space  and 
shall  be  used  for  no  other  purpose  without  the  approval  of  the  governor 
and  council. 

Factory  inspection: 
Personal  services: 

Permanent**  $50,427 

Current  expenses  1,840 

Travel  8,800 

Equipment  10,285 


Total  71,352 

**  Within  this  appropriation  there  shall  be  one  position  of  clerk 
stenographer  IIL 

Workmen's  compensation: 
Personal  services: 

Permanent++  $33,822 


230  Chapter  198  [1963 

Current  expenses  3,735 

Equipment  400 

Total  37,957 

:]::|:Within  this  appropriation  there  shall  be  one  position  of  clerk  sten- 
ographer III  and  one  position  of  clerk  typist  11. 
New  Hampshire  apprenticeship  council: 

Other  expenditures: 

Apprenticeship  council  500 


Total  for  department  of  labor  $142,645 

Less  transfer  from  second  injury  fund  42,500:]: 


Net  appropriation  $100,145 


:{:Notwithstanding  any  other  provision  of  law,  the  commissioner  of 
labor  is  hereby  directed  to  transfer  from  the  balance  in  the  second  injury 
fund,  established  under  the  provisions  of  RSA  281:48,  to  the  general 
funds  of  the  state  the  sum  of  forty  two  thousand  five  hundred  dollars. 
Said  sum  shall  be  credited  against  the  appropriation  made  herein  for  the 
department  of  labor. 

For  personnel  department: 
State  funds: 

Salary  of  director  $10,354 

Salary  of  deputy  director  8,951 

Other  personal  services: 

Permanent  69,328 

Other  2,1152 


Total  $90,785 

Current  expenses  3,820 


Total  $94,605 

Federal  Funds: 
Personal  services: 

Permanent  $7,112 

Current  expenses  385 

Travel  1,740 

Equipment  1,470 

Other  expenditures: 

Oasi  and  retirement  476 

Total*  $11,183 


1963]  Chapter  198  231 

Less  estimated  revenue*  11,183 

Net  appropriation  0 


Total  for  personnel  department  $94,605 


*  This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

For  resources  and  economic  development: 
Office  of  commissioner: 

Salary  of  commissioner  $13,292 

Other  personal  services: 

Permanent  195,526 

Other  7,000 


Total  $215,818 

Current  expenses  32,000* 

Travel  5,500 

Equipment  18,000 


Total  $271,318 

Less  estimated  revenue  (15,443 


Net  appropriation  $255,875 

*In  this  appropriation  $10,390  is  for  maintenance  of  the  resources 
development  division  and  shall  not  be  transferred  or  used  for  any  other 
purpose. 

Division  of  resources  development: 
Administration: 

Salary  of  director  $11,007 

Other  personal  services: 

Permanent  227,721 

Other  35,186* 


Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
State's  share  of  town 
State's  share  of  town 

training  bills** 
prevention  bills** 

$273,914 
42,982J 
21,000 
16,841 

3,000 
2,200 

Total  $359,937 


232  Chapter  198  [1963 

Less  revenue — 

Clarke-McNary  law— section  2  80,000JJ 

Less  other  revenue  and  balance  37,670:]:J]: 


Net  appropriation  242,267 

*In  this  appropriation  $20,000  shall  be  for  the  state's  share  for  ten 
county  foresters. 

fin  this  appropriation  $15,443  shall  be  for  services  for  plant  mainte- 
nance performed  by  the  office  of  the  commissioner  and  shall  not  be  trans- 
ferred or  used  for  any  other  purpose. 

**Any  expenses  lawfully  incurred  under  the  provisions  of  RSA  224: 
15,  in  excess  of  these  amounts  shall  be  paid  from  funds  in  the  treasury  not 
otherwise  appropriated,  subject  to  prior  approval  by  the  governor  and 
council. 

XX^^  the  federal  grant  under  Clarke-McNary  law,  section  2  exceeds 
this  amount,  such  excess  shall  be  expended  for  forest  fire  motor  vehicle 
replacement,  forest  fire  radio  equipment,  and  forest  fire  prevention. 

;|;;];JAny  excess  revenue  and  balance  over  this  amount  shall  be  avail- 
able for  such  further  expenditures  as  the  governor  and  council  shall  ap- 
prove, 

Caroline  A.  Fox  research  fund: 
Personal  services: 

Permanent  $3,730 

Other  10,150 


Total 
Current  expenses 
Travel 
Equipment 

$13,880 

3,140 

650 

1,600 

Total 

Less  revenue  and  balance 

$19,270 
il9,270 

Net  appropriation 

)rest  improvement  fund: 
Personal  services: 

Permanent 

Other 

$31,586 
35,000 

Total 
Current  expenses 
Travel 

$66,586 
4,580 
4,525 

1963]  Chapter  198  233 


Equipment 

3,rou 

Other  expenditures: 

Purchase  of  land  and  interest  in  land* 

10,000 

Silviculture — labor 

5,000 

Timber  tax 

1,000 

Total 

$94,841 

Less  revenue  and  balance 

94,841t 

Net  appropriation  0 

*Not  to  be  expended  without  approval  by  the  governor  and  council. 

fif  revenue  and  balance  exceeds  this  estimate,  such  excess  may  be 
expended  with  approval  of  the  governor  and  council. 


Total 

$201,674 

Current  expenses 

162,250 

Travel 

22,669 

Equipment 

1,240 

Other  expenditures: 

Regional  associations* 

30,000 

Eastern  states  exposition 

8,000 

Boston  office 

13,000 

Cleveland  office 

6,000 

Montreal  office 

10,500 

New  York  office 

11,500 

Economic  growth  survey 

3,500 

Special  promotion,  planning  and 

advertising-j- 

75,000 

Total 

$545,333 

Less  revenue 

3,(197 

Total  for  division  of  resources  development  242,267 

Division  of  economic  development: 
Administration 

Salary  of  director  $10,791 

Other  personal  services: 

Permanent+  182,007 

Other  8,876 


Net  appropriation  542,136 


234  Chapter  198  [1963 

:|:In  this  appropriation  funds  have  been  included  for  two  additional 
positions  of  industrial  agent,  one  shall  be  assigned  to  the  three  northern 
counties  of  Carroll,  Coos  and  Grafton;  and  one  shall  be  assigned  primarily 
for  areas  of  unemployment. 

*This  appropriation  shall  be  administered  by  the  division  of  eco- 
nomic development  for  the  aid  of  the  regional  development  associations. 
Not  more  than  $5,000  may  be  allotted  by  the  director  to  any  one  regional 
association  whose  bounds,  form  of  organization  and  program  shall  have 
first  been  approved  by  the  director.  Any  unexpended  portion  of  this  ap- 
propriation shall  not  be  transferred  to  any  other  state  appropriation,  but 
shall  lapse. 

fNo  expenditure  shall  be  made  from  this  appropriation  without 
prior  approval  by  the  governor  and  council. 

Geology  booklets  $1,500 

Less  revenue  and  balance**  1,500 


Net  appropriation  0 

**Any  revenue  and  balance  in  excess  of  this  amount  may  be  ex- 
pended with  approval  of  the  governor  and  council. 

Bulletin  of  vacation  inquiries  $1,300 

Less  revenue  and  balance**  1,300 


Net  appropriation  0 

**Any  revenue  and  balance  in  excess  of  this  amount  may  be  ex- 
pended with  approval  of  the  governor  and  council. 

Urban  planning  assistance: 
Personal  services: 

Other  $134,000 

Current  expenses  11,000 

Travel  8,400 

Other  expenditures  '2,000 


Total  $155,400 

Less  revenue  and  balance  J  153,400 


Net  appropriation  2,000 

;]: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.  The  state's  share  in  the  above  appropriation  shall  not 
exceed  $2,000. 


Total  for  division  of  economic  development  544,136 


1963]  Chapter  198  235 

Note:  The  position  of  agricultural  promotion  assistant,  previously 
carried  herein  (salary  $5,964),  has  been  transferred  to  the  department  of 
agriculture. 

Division  of  parks: 
Administration: 

Salary  of  director  $11,187 

Other  personal  services: 

Permanent  20,442 

Other  2,854 


Total  $34,483 

Current  expenses  4,100 

Travel  2,925 

Equipment  2,000 

Other  expenditures: 

Park  promotionf  70,000 


Total  $113,508 

fNo  expenditure  shall   be  made  from  this  appropriation  without 
prior  approval  of  the  governor  and  council. 

Service  parks: 
Personal  services: 

Permanent  $34,553 

Other  261,628 


Total  $296,181 

Current  expenses  85,000 

Travel  1,200 

Equipment  25,000 


Total  407,381 

Self-supporting  parks: 
Personal  services: 

Permanent  $309,684 

Other  196,803 


Total  $506,487 

Current  expenses  155,000 

Travel  1,375 

Equipment  24,000 

Total  686,862 


236  Chapter  198  [1963 

Bonds  and  interest: 

Recreational  facilities,  laws  of  1953, 

issue  of  1954  $48,125 

Recreational  facilities,  laws  of  1953, 

issue  of  1956  16,283 

Recreational  facilities,  laws  of  1955, 

issue  of  11959  34,864 

Recreational  facilities,  laws  of  1957, 

issue  of  1959  36,294 

Recreational  facilities,  laws  of  1959, 

issue  of  1961  13,114 

Recreational  facilities,  laws  of  1961, 

to  be  issued+  381,270 


Total  529,950 

XNo  part  of  this  appropriation  shall  be  transferred  to  any  other  ac- 
count or  used  for  any  other  purpose. 

Oasi  and  retirement  21,300 

Injured  employees  2,500 


Total  for  division  of  parks  $1,761,501 

Less  revenue  and  balance  1,761,5011 


Net  appropriation  0 

New  Hampshire  state  port  authority: 
Personal  services: 

Permanent  $11,364 

Other  4,000 


Total 

$15,364 

Current  expenses 

3,800 

Travel 

1,800 

Equipment 

400 

Other  expenditures: 

Reimbursement  harbor 

master  expenses 

1,800 

Radio  equipment 

1,000 

Audio  hailers 

320 

Total  24,484 

Water  resources  board: 

Salary  of  chairman  $10,481 

Other  personal  services: 

Permanent  45,869 


1963] 


Chapter  198 


237 


Other 

Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
Maintenance  of  dams 
Dams  in  disrepairf 
Stream  flow  gauging 

Connecticut  river  valley  flood 
control  commission: 

Per  diems  and  expenses  of  commission 
State's  contribution  to  commission 

Merrimack  valley  flood 
control  commission: 

Per  diems  and  expenses  of  commission 
State's  contribution  to  commission 
Survey  and  investigation  re 
ground  water  resources 
Taxation  re  Pittsburg  and 
Clarksville,  as  provided  by 
RSA  481:14  (Supp) 

Total  for  water  resources  board 
Less  transfer  from  public  works 

and  highways 
Less  transfer  from  Winnipesaukee 

project 
Less  transfer  from  Pittsburg 

project 
Less  estimated  revenue 

Net  appropriation 


400 


$56,750 

2,700 

4,500 

95 

3,000 
10,000 
24,200 


600 
1,250 


1,000 
4,000 

10,500 


12,500 

1131,095 

6,000 

5,396 

11,181 
1,835 


106,683 


f Expenditure  of  these  funds  shall  be  subject  to  approval  of  the  gov- 
ernor and  council. 


Total  for  department  of  resources  and  economic 
development 

For  Hampton  beach  parking  facility: 
Current  expenses 
Equipment 


$1,173,445 


$12,730 
5,500 


238 


Chapter  198 


[1963 


Other  expenditures: 

Hampton  sea  wall  bonds 
Interest  on  bonds 

Total 

Less  estimated  revenue 

Net  appropriation 


60,000 
21,713 

$99,943 
26,000 


$73,943 


For  department  of  safety: 
Office  of  commissioner: 
Salary  of  commissioner 

Other  personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
Oasi  and  retirement 

Total 

Less  transfer  from  highway  fund 


$14,420 


38,980 
1,500 

$54,900 
7,000 
2,200 
4,250 


3,475 

$71,825 
68,952 


Net  appropriation 

Division  of  motor  vehicles: 
Administration: 
Salary  of  director 


Total 


$10,520 


Personal  services: 
Permanent 
Other 

176,193 
36,565 

Total 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
Oasi  and  retirement 

$223,278 

220,803 

805 

6,500 

113,150 

$464,536 


$2,873 


1963] 


Chapter  198 


239 


Road  toll: 

Personal  services: 

Permanent 
Current  expenses 
Travel 
Equipment 

Other  expenditures: 
Oasi  and  retirement 


$41,109 

98'5 

5,975 

4,550 


2,925 


Total 

55,544 

Court  returns: 

Personal  services: 

Permanent                                            $7,105 

Current  expenses                                    285 

Total 

7,390 

Total  for  division  of  motor  vehicles 

$527,470 

Less  transfer  from  highway  fund 

527,470 

Net  appropriation  0 

Initial  plate  fund:f 
Personal  services: 

Permanent  $3,081 

Current  expenses  9,000 

Equipment  250 

Other  expenditures: 

Driver  assistance  46,860 

Police  training  school  4,000 

Child  safety  council,  educational  services  2,000 

Total  $65,191 

Less  estimated  revenue  and  balance  65,191 

Net  appropriation  0 

f Other  provisions  of  law  notwithstanding,  all  expenditures  from  the 
initial  plate  fund  shall  be  subject  to  budgetary  limitations,  and  any  bal- 
ance in  this  fund  at  July  1,  1963  and  at  June  30,  1964  shall  lapse  to  the 
highway  fund. 


Division  of  state  police: 
Traffic  bureau: 
Salary  of  director 


$10,800 


240 


Chapter 

198 

Other  personal  services: 

Permanent 

749,671 

Other 

'5,000 

Total 

$765,471 

Current  expenses 

80,344 

Travel 

133,500 

Equipment 

115,295 

Other  expenditures: 

Training 

6,700 

Oasi 

11,050 

Retirement 

42,155 

[1963 


Total  $1,144,515 

Less  estimated  revenue  44,000 

Less  transfer  from  turnpikes      102,207 
Less  transfer  from  highway 

fund  998,308 


Net  appropriation 

Detective  bureau: 
Personal  servicesrf 

Permanent  $78,075 

Current  expenses  13,493 

Travel  14,000 

Equipment  10,095 

Other  expenditures: 

Retirement  5,784 

Total  $121,447* 

Less  estimated  revenue  2,400 

Net  appropriation 


119,047 


fNo  transfers  of  personnel  shall  be  made  in  or  out  of  the  approved 
number  of  positions  without  the  approval  of  the  commissioner.  No  in- 
crease in  staff  shall  be  made  without  prior  approval  of  the  governor  and 
council  upon  recommendation  by  the  commissioner. 

*No  part  of  this  appropriation  shall  be  transferred  to  any  other  ac- 
count or  expended  for  any  other  purpose. 

Communications: 
Personal  services: 

Permanent  $43,563 

Current  expenses  17,650 


1963]  Chapter  198  241 


Chapter 

198 

Travel 

7,200 

Equipment 
Other  expenditures: 
Retirement 

4,000 
2,320 

Total 

$74,533 

Less  transfer  from  higliway 
fund 

63,353 

Net  appropriation 

Total  for  state  police 

11,180 


Division  of  safety  services:  J 
Administration: 

Salary  of  director  $9,580 

Salary  of  fire  marshal  9,011 

Other  personal  services: 

Permanent  94,376 

Other  65,500 


Total  $178,467 

Current  expenses  62,572 

Travel  31,500 

Equipment  38,300 

Other  expenditures: 

Oasi  7,000 

Retirement  5,500 


Total  for  safety  services  $323,339 

Less  transfer  from  highway  fund  80,835 


130,227 


Net  appropriation  242,504 


;|:Other  provisions  of  law  notwithstanding,  any  balance  at  July  1, 
1963,  in  the  motor  boat  fund  shall  lapse  to  unappropriated  surplus  in  the 
general  fund. 

Total  for  department  of  safety  $375,604 


For  secretary  of  state: 
Office  of  secretary: 

Salary  of  secretary  $9,838 

Salary  of  deputy  secretary  8,659 


242  Chapter  198  [1963 

Other  personal  services: 

Permanent  38,425 

Other  600 


Total  $57,522 

Current  expenses  5,500 

Travel  500 

Equipment  '255 

Other  expenditures: 

Furnishings  and  equipment  for  office  8,000 

Preservation  of  records  500 


Total  $72,277 


Elections  division: 

Personal  services: 

Other 

$1,000 

Current  expenses 

1,500 

Travel 

75 

Other  expenditures: 

Printing  and  binding 

24,000^ 

Total 

*Shall  not  lapse  until  June  30, 1965. 

Photostat  division: 

Personal  services: 

Permanent 

$3,556 

Other 

400 

Total 

$3,956 

Current  expenses 

3,000 

Total  $4,719 

Less  balance  1,448 


26,575 


Total  6,956 

Commercial  code  division: 
Personal  services: 

Permanent  $3,689 

Current  expenses  1,030 


Net  appropriation  3,271 


1963]  Chapter  198  243 

Trading  stamp  division: 

Other  expenditures  $450 

Less  estimated  revenue  450 


Net  appropriation 

Auctioneers: 

Other  expenditures  $800 

Less  estimated  revenue  800 


Net  appropriation  0 

Total  for  secretary  of  state  $109,079 


For  board  of  accountancy: 
Personal  services: 

Other  $375 

Current  expenses  1,205 

Travel  50 


Total  $1,630 

Less  revenue  and  balance  1,630 


Net  appropriation 


For  board  of  registration  for  architects: 
Personal  services: 

Other  "''  $1,000 

Current  expenses  500 

Travel  52'5 


Total  $2,025 

Less  revenue  and  balance  2,025 


Net  appropriation 


For  state  athletic  commission: 
Personal  services: 

Other  $900 

Current  expenses  200 

Travel  650 

Total  $1,750 


244                                             Chapter  198 
Less  revenue  and  balance 

11,750 

[1963 

Net  appropriation 

$800 
700 
900 

0 

For  board  of  chiropractic  examiners: 
Personal  services: 

Other 
Current  expenses 
Travel 

Total 

$2,570 

1,550 

400 

2,400 

For  board  of  registration  of  professional  engineers: 
Personal  services: 

Other 
Current  expenses 
Travel 

Total 

Less  revenue  and  balance 

$4,520 
4,520 

Net  appropriation 

$500 
300 
400 

0 

For  board  of  registration  in  optometry: 
Personal  services: 

Other 
Current  expenses 
Travel 

Total 

$100 
100 

$1,200 

For  board  of  psychologists: 
Current  expenses 
Travel 

Total 

Less  revenue  and  balance 

$200 
200 

Net  appropriation 

0 

For  state  library: 
Administration: 
Salary  of  librarian 
Salary  of  assistant  librarian 

$9,715 
8,125 

1963]  Chapter  198  245 


] 

Chapter 

198 

Other  personal  services: 
Permanent 

129,166 

Other 

7,672t 

Total 

$154,678 

Current  expenses 
Travel 

12,300 
700 

Equipment 

23,280 

Total  $190,958 

fin  this  appropriation  $6,485  shall  be  for  salary  of  one  assistant  cata- 
logue librarian  and  one  library  assistant  I  and  shall  not  be  transferred  or 
used  for  any  other  purpose. 

Extension: 

Current  expenses  $8,500 

Travel  2,800 

Equipment  15,050 


Total  26,350 

State  aid: 

Grants-in-aid  to  rural  libraries  2,000 

Federal  aid: 

Personal  services: 

Permanent  $23,232 

Other  4,673 


Total  $27,905 

Current  expenses  6,030 

Travel                                                               '  1,000 

Equipment  22,331 

Other  expenditures: 

Public  relations  12,000 

Oasi  950 


Total*  $70,2(16 

Less  estimated  revenue*  70,216 


Net  appropriation  0 


*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

Total  for  state  library  $219,308 


246 


Chapter  198 


[1963 


For  state  treasury: 
Administration: 
Salary  of  treasurer 
Salary  of  deputy  treasurer 

Other  personal  services: 
Permanent 
Other 


$10,421 
8,891 

80,091 
2,400 


Total 
Current  expenses 
Travel 
Equipment 

$101,803 

24,378 

600 

6,950 

Total 

Trust  funds: 

Agricultural  college  fund 
Hamilton  Smith  fund 
Benjamin  Thompson  fund 

$4,800 

400 

31,896 

$133,731 

Total 
Expense  re  head  tax 
Bounties  —  payments  to  cities  and  towns 

$8,788 
6,741 

119,299 

37,096 

100 

12,000  J 

JThis  appropriation  shall  not  lapse. 

Total  for  state  treasury 

Less  transfer  from  highway  fund 

$182,927 
18,278 

Net  appropriation 

$164,649 

or  industrial  school: 
Administration: 

Salary  of  superintendent 

Salary  of  deputy  superintendent 

Other  personal  services: 
Permanent 

Total 
Current  expenses 
Travel 
Equipment 

$34,828 

5,000 

1,000 

900 

Total 


$41,728 


)63] 

Instruction: 

Personal  services: 
Permanent 
Other 

Chapter  198 

$42,470 
3,507 

Total 
Current  expenses 
Equipment 

$45,977 

1,750 

598 

Total 

Custodial  care:* 
Personal  services: 
Permanent 
Other 

$265,776 
5,700 

Total 
Current  expensesf;}; 
Equipment 

$271,476 

62,500 

2,207 

247 


48,325 


Total  336,183 

fin  this  appropriation  $21,760  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. 

:}:In  this  appropriation  $2,000  shall  be  for  subsistence  and  support  of 
persons  and  shall  not  be  used  for  any  other  purpose  or  transferred  to  any 
other  account. 

*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 

Operation  of  plant: 
Personal  services: 

Permanent  $17,200 

Current  expenses  38,050 

Equipment  260 

Total  55,510 


248 


Chapter  198 


[1963 


Maintenance  of  plant: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 

Total 

Agriculture: 

Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Equipment 

Total 

Less  credit  transfer 

Less  estimated  revenue 

Net  appropriation 

Boys'  and  girls'  benefit  fund: 
Current  expenses 

Parole: 

Personal  services: 

Permanent 
Current  expenses 
Travel 

Total 

Total  for  industrial  school 
Less  refunds  (maintenance) 


$'27,456 
1,217 

$28,673 
9,500 


$15,469 
1,150 

$16,619 

14,500 

495 

$31,614 

21,760 

8,000 


$22,927 

325 

2,500 


38,173 


1,854 
4,600 


Net  appropriation 


25,752 

$555,625 
7,000 

$548,625 


For  soldiers  home: 
State  funds: 

Office  of  commandant: 
Salary  of  commandant 
Other  personal  services: 
Permanent 


$5,951 
4,660 


1963] 

Other 

Total 

Custodial  care: 
Personal  services: 
Permanent 
Other 

Total  30,364 

Professional  care  and  treatment: 
Personal  services: 


34,447 


Chapter  198 

246 

249 

$10,857 

$26,968 
3,396 

Permanent 
Other 

of  plant: 

$32,019 

2,428 

Total 

Operation  and  maintenance 
Personal  services: 
Permanent 
Other 

$10,914 
540 

Total 
Current  expenses 
Travel 
Equipment 

$11,454 

25,470 

940 

6,850 

Other  expenditures: 

Repairs  to  machinery  and  equipment  — 

contractual  3,100 

Repairs  to  buildings  and  grounds  — 

contractual  17,350 


Total  65,164 


Total  for  soldiers  home  $140,832 

Less  refunds  (maintenance)  1,000 

Less  revenue  and  balance  J  71,000 


Net  appropriation  $68,832 


^Notwithstanding  any  other  provisions  of  law,  any  balances  at  July 
1,  1963  carried  in  the  special  fund  for  the  soldiers  home  shall  be  trans- 
ferred to  the  general  fund  and  applied  against  the  appropriation  made 
therein  for  said  soldiers  home.  During  the  fiscal  years  ending  June  30, 
1964  and  June  30,  1965  any  funds  received  from  the  federal  government 
for  so  called  federal  aid  to  the  soldiers  home  or  for  board  and  care  of 


250  Chapter  198  [1963 

soldiers  residing  therein,  or  any  funds  received  on  account  of  members' 
excess  income,  shall  be  covered  into  the  general  fund  and  applied  against 
the  appropriation  made  in  said  general  fund  for  said  soldiers  home. 

For  state  prison: 
Administration: 

Salary  of  warden  $9,595 

Other  personal  services: 

Permanent  14,808 

Other  300 


Total  $24,703 

Current  expenses  2,073 

Travel  1,059 

Equipment  215 

Total  $28,050 

Instruction: 
Personal  services: 

Permanent  3,601 

Custodial  care: 

Salary  of  deputy  warden  $6,988 

Other  personal  services: 

Permanent  223,382 

Other  24,250 


Total  $254,620 

Current  expenses^  92,000 

Equipment  650 

Other  expenditures: 

Custody  of  certain  inmates*  3,270 


Total  350,540 

:|;In  this  appropriation  $18,000  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. 

*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 
the  appropriation  shall  be  made  with  approval  of  the  governor  and 
council.  This  fund  may  also  be  used  for  such  inmates  who  have  been 


1963]  Chapter  198  251 

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 

Current  expenses  3,800 

Other  expenditures: 

Awards  —  gate  money  2,000 


Total  12,300 

Operation  of  plant: 
Personal  services: 

Permanent  $24,573 

Other  275 


Total 

Maintenance  of  plant: 
Current  expenses 

Agriculture: 

Personal  services: 
Permanent 
Other 

and  curing  meat 
tiue 

$11,073 
3,000 

24,848 
10,750 

Total 
Current  expenses 
Equipment 

Other  expenditures: 
Slaughtering,  cutting 
Registration  fees 

$14,073 

22,500 

4,800 

950 

75 

Total 

Less  credit  transfer 

Less  estimated  reve: 

$42,398 
18,000 
27,000 

Net  reduction  —  2,602 

Parole: 

Salary  of  parole  officer  $7,453 

Other  personal  services: 

Permanent  17,747 

Other  600 


Total  $25,800 

Current  expenses  1,200 


252  Chapter  198  [1963 

Travel  1,700 

Equipment  405 


Total  29,105 

Prison  industries: 
Personal  services: 

Permanent  $80,519 

Other  7,500 


Total  $88,019 

Current  expenses  202,020 

Travel  250 


Total  $290,289 

Less  estimated  revenue  and  credits  291,000* 


Net  reduction  — 711 


Total  for  state  prison  $455,881 

Less  refunds  (maintenance)  2,243 


Net  appropriation  $453,638 


*Any  revenue  and  credits  in  excess  of  $291,000  shall  be  available  for 
such  further  expenditures  as  the  governor  and  council  shall  approve. 

For  University  of  New  Hampshire; 

University  of  New  Hampshire  fund  $4,266,529 

Extension  work  in  counties  92,400 


Total  $4,358,929 

For  board  of  education: 
Administration: 

Salary  of  commissioner  $14,800 

Salary  of  deputy  commissioner  11,307 

Other  personal  services: 

Permanent  142,903 

Other  1,000 


Total  $1170,010 

Current  expenses  18,035 

Travel  10,000 

Equipment  3,785 

Total  $201,830 


1963]  Chapter  198  253 

Less  estimated  federal  funds  889 


Net  appropriation  $200,941 

Foundation  aid: 

Other  expenditures: 

State  aid  to  school  districts  2,400,000 

Special  aid  to  the  twenty  school  districts  having 
lowest  equalized  valuation  per  pupil: 

Bath  $2,294 

Benton  493 

Candia  7,899 

Chichester  3,982 

Columbia  2,'567 

Cornish  6,616 

Dalton  2,876 

Danville  4,287 

Farmington  12,873 

Gilsum  16,037 

Goshen  1,782 

Grantham  2,784 

Langdon  2,374 

Lisbon  —  special  5,482 

Loudon  5,792 

Lyman  1,816 

Stark  1,678 

Stewartstown  4,147 

Unity  5,023 

Woodsville  11,908 


Total  102,710+ 

:|:Payments  authorized  by  this  appropriation  shall  be  made  solely  to 
the  towns  set  forth  herein. 

Unorganized  districts  aid:** 
Other  expenditures: 

Tuition  and  transportation  $100 

Less  estimated  revenue  and  balance  ilOO 


Net  appropriation  0 

**Funds  received  from  assessments  against  unincorporated  places 
for  benefit  of  public  schools  may  be  used  for  tuition  and  transportation 
upon  approval  of  the  governor  and  council. 


254  Chapter  198  [1963 

School  building  construction: 
Other  expenditures: 

Aid  to  school  districts  for  school  building  construction  J    1,299,723 

JThese  funds  shall  not  be  expended  for  any  other  purpose  and  no 
transfers  shall  be  made  therefrom. 

State-wide  supervision: 
Other  expenditures: 

Salaries  and  travel  of  superintendents,  assistant 

superintendents  and  teacher  consultantsf      $750,834 
Superintendents'  conference  2,000 

Total  752,834 

f  The  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  $511,798  shall 
come  from  funds  received  under  RSA  189:44  and  the  state's  share  shall 
not  exceed  $239,036. 

Smith-Hughes  and  George^Barden: 
Personal  services: 


Permanent 

$67,298 

Other 

100 

Total 

$67,398 

Current  expenses 

2,200 

Travel 

6,250 

Other  expenditures: 

Reimbursements  to  school  districts 

(salaries 

and  travel  of  teachers) 

187,126 

TotalJ 

$262,974 

Less  estimated  federal 

fundsj 

179,795 

Net  appropriation  83,179 

JIf  the  federal  grant  is  less  than  the  estimate  shown  herein  the  total 
appropriation  shall  be  reduced  in  like  proportion. 
Education  of  deaf: 

Current  expensesf  $294,600 

Travel  400 


Total  295,000 

fThese  funds  shall  be  for  payments  to  schools  for  board,  room  and 
tuition  and  shall  not  be  expended  for  any  other  purpose  and  no  transfer 
shall  be  made  therefrom. 


1963]  Chapter  198  255 

Intellectually  retarded  children: 
Other  expenditures: 

Payments  to  school  districts  for  tuition  75,000 

School  lunch  program:  state 
Personal  services: 

Permanent  $16,328 

Current  expenses  350 

Travel  1,125 

Equipment  550 


Total  18,353 

School  lunch  and  milk  programs: 
Other  expenditures: 

Reimbursements  to  school  districts  for  — 
School  lunches  for  children  $3'1 5,000 

Milk  purchased  for  children  290,000 


Total+  $605,000 

Less  estimated  federal  fundsj  605,000 


Net  appropriation  0 

;|:If  the  federal  funds  received  for  the  above  programs  are  less  than 
the  amount  of  the  estimate  shown  herein,  the  total  appropriation  shall  be 
reduced  in  like  proportion.  If  the  funds  received  exceed  the  estimate  such 
excess  may  be  expended  with  approval  of  the  governor  and  council. 


Veterans  educational  services: 

Personal  services: 

Permanent 

$3,436 

Current  expenses 

300 

Travel 

500 

Total* 

$4,236 

Less  estimated  federal  funds* 

3,936 

Net  appropriation  300 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Fire  service  training:  state 

Other  expenditures: 

For  expenses  authorized  by  RSA  il54-A  (supp)  10,000 

Exeter  hospital  school  of  practical  nursing: 

Personal  services: 


256  Chapter  198  [1963 

Permanent  $24,  II 8 

Other  2,500 


Total 

$26,618 

Current  expenses 

1,750 

Travel 

580 

Equipment 

500 

Total* 

$29,448 

Less  estimated  revenue 

2,912 

Less  estimated  federal  funds* 

13,799 

Net  appropriation  12,737 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Vocational  rehabilitation: 

Personal  services: 

Permanent  $51,100 

Current  expenses  2,750 

Travel  5,000 

Other  expenditures: 

Professional  fees  and  medical  consultants  1 1,200 

Board,  room  and  hospitalization  40,872 

Artificial  appliances  and  hearing  aids  15,000 

Trainee  equipment  1,661 

Tuition,  tools,  licenses,  initial  stock  45,000 

Client's  travel  1,200 

Retirement,  oasi  and  merit  system  2,200 


Total*  $175,983 

Less  estimated  federal  funds*  1114,637 


Net  appropriation  61,346 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Oasi  disability  determination:  federal 
Personal  services: 

Permanent  $23,538 

Current  expenses  3,250 

Travel  1,200 

Equipment  450 
Other  expenditures: 

Medical  consultants  and  examination                  25,000 

Client's  travel  1,600 

Oasi  and  retirement  2,530 


1963]  Chapter  198  257 

Total*  $57,568 

Less  estimated  federal  funds*  57,568 


Net  appropriation  0 

*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 


National  defense  education  act 

—  title  IIL 

Personal  services: 

Permanent 

$29,550 

Current  expenses 

4,776 

Travel 

3,000 

Equipment 

350 

Other  expenditures: 

Curriculum  study 

and 

conference 

3,990 

Reimbursements  t( 

D  school  districts 

250,000 

Total* 

$291,666 

Less  estimated  federal  funds* 

270,833 

Net  appropriation  20,833 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 


ational  defense  education  act  - 

-  title  V: 

Personal  services: 

Permanent 

$7,900 

Current  expenses 

1,170 

Travel 

980 

Equipment 

50 

Other  expenditures: 

Reimbursements  to 

school  districts 

42,542 

Total* 

$52,642 

Less  estimated  federal  funds* 

47,592 

Net  appropriation  5,050 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

National  defense  education  act  —  title  VIIL 

Current  expenses  $400 

Travel  676 

Other  expenditures: 

Purchases  in  behalf  of  schools  of  technical 

training  84,349 


258  Chapter  198  [1963 

Total*  $85,425 

Less  estimated  federal  funds*  84,887 


Net  appropriation  538 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

National  defense  education  act  —  title  X: 
Personal  services: 

Permanent  $10,770 

Current  expenses  6,942 

Travel  1^00 

Equipment  250 

Total*  $19,262 

Less  estimated  federal  funds*  9,631 


Net  appropriation  9,631 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Scholarships  —  world  war  orphans 

(as  provided  by  RSA  193:19)  2,700 

Board  of  nursing  education  and  nurse  registration: 
Personal  services: 

Permanent  $19,755 

Other  600 


Total 
Current  expenses 
Travel 
Equipment 

$20,355 

4,615 

985 

1,450 

Total 

Less  revenue  and  balance 

$27,405 
27,405 

Net  appropriation 

N.  H.  Technical  institute  —  Manchester: 
Personal  services: 
Permanent 
Other 

$168,547 
8,300 

Total 
Current  expenses 

$176,847 
50,540 

1963]  Chapter  198  259 


]                                           Chapter  198 

Travel 

450 

Equipment 

11,664 

Total 

$239,501 

Less  estimated  revenue: 

Tuition 

65,000 

Other 

23,000 

Net  appropriation  151,501 

N.  H.  technical  institute  —  Portsmouth: 
Personal  services: 


Permanent 

$87,802 

Other 

9,400 

Total 

$97,202 

Current  expenses 

33,350 

Travel 

500 

Equipment 

6,416 

Total 

$137,468 

Less  estimated  revenue: 

Tuition 

36,000 

Other 

13,600 

Net  appropriation 

N.  H.  technical  institute  — 

-  Concord* 

Personal  services: 

Permanent 

$16,158 

Other 

1,250 

Total 

$17,408 

Current  expenses 

4,842 

Travel 

1.250 

87,868 


Total  23,500 

*Expenditure  of  these  funds  shall  be  subject  to  prior  approval  of  the 
governor  and  council. 

Keene  teachers  college: 
Administration: 

Salary  of  president  $11,248 

Other  personal  services: 

Permanent  40,349 

Other  3,000 

Total  $54,597 


;o 

Chapter  198 

Current  expenses 

7,000 

Travel 

1,500 

Equipment 

460 

Total 

Instruction: 

Personal  services: 

Permanent 

$499,249 

Other+ 

79,200 

Total 

$578,449 

Current  expenses 

36,000 

Travel 

8,500 

Equipment 

28,669 

Other  expenditures: 

Teachers  retirement 

6,000 

Library  —  current 

expenses 

3,000 

Scholarships! 

33,000 

[1963 


$63,557 


Matching  loan  funds  re  national 

defense  education  act  5,500 

Memberships  900 


Total  700,018 

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  xvas 
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  received.  The  teachers  college  shall  maintain  at  all  times 
an  accurate  record  and  account  concerning  each  scholarship  granted  until 
the  amount  of  aid  given  has  been  liquidated.  Reimbursement  shall  be 
deposited  as  general  fund  unrestricted  revenue. 

:|;In  this  appropriation  $8,000  shall  be  used  for  student  help  and  no 
other  purpose. 

Custodial  care: 
Personal  services: 

Permanent  $98,545 

Other*  34,850 


Total  $133,395 

Current  expenses  103,000 

Equipment  4,500 

Total  240,895 

*In  this  appropriation  $32,300  shall  be  used  for  student  help  only. 


1963]  Chapter  198  261 

Operation  and  maintenance  of  plant: 
Personal  services: 

Permanent  $59,246 

Otherf  6,000 


Total  $65,246 

Current  expenses  80,500 

Equipment  3,390 


Total  149,136* 

fin  this  appropriation  $2,000  shall  be  used  for  student  help  only. 

*Within  this  amount  there  is  appropriated  a  sum  of  $7,147  to  provide 
for  additional  personal  services  and  other  expenditures  as  follows:  $3,647 
for  1  additional  Painter  I;  $1,000  for  other  personal  services  temporary, 
summer  help;  $1,500  for  supplies  and  materials,  which  shall  not  lapse  but 
shall  be  available  for  expenditure  the  following  year,  and  $1,000  for 
equipment  (ladders  and  metal  scaffolding).  This  appropriation  is  made  to 
permit  the  institution  to  accomplish  certain  maintenance  projects  deleted 
from  the  recommended  capital  budget,  deferred  maintenance. 

Amortization  of  investment  in 
Dormitory  (Monadnock  hall) 

Bonds  and  interest  $20,513 

Bookstore  and  snack  bar  2,325 


Total  $22,838 

Less  revenue  22,838 


Net  appropriation 


Total  for  Keene  teachers  college  $1,153,606 

Less  estimated  revenue: 

Board  and  room  $350,000 

Practice  schools  90,000 

Extension  courses  30,000 

Tuition  227,500 

Registration  22,500 

Other  revenue  13,500 


Total  revenue  $733,500 

Deduct  revenue  applied  against  amortization  22,838 


710,662 


Net  appropriation  442,944 


262 


Chapter  198 


[1963 


Plymouth  teachers  college: 
Administration: 
Salary  of  president 
Other  personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 

Total 

Instruction: 

Personal  services: 
Permanent 
Other* 


$419,142 
61,800 


Total 

$480,942 

Current  expenses 

23,000 

Travel 

6,650 

Equipment 

28,781 

Other  expenditures: 

Teachers  retirement 

6,000 

Libraries 

current  expenses 

3,500 

books 

10,000 

Scholarships! 

23,000 

Matching?  loan  funds  re  national 

defense  education  act 

4,000 

$11,037 

41,566 
3,000 

$55,603 

14,500 

925 

1,550 


$72,578 


Total  585,873 

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  received.  The  teachers  college  shall  maintain  at  all  times 
an  accurate  record  and  account  concerning  each  scholarship  granted  until 
the  amount  of  aid  given  has  been  liquidated.  Reimbursement  shall  be 
deposited  as  general  fund  unrestricted  revenue. 

*In  this  appropriation  $5,000  shall  be  for  student  help  only. 


Custodial  care: 
Personal  services: 
Permanent 


$79,494 


1963]  Chapter  198  263 

Otherf  26,000 


Total  $105,494 

Current  expenses  103,000 

Equipment  4,000 


Total  212,494 

fin  this  appropriation  $21,000  shall  be  for  student  help  only. 

Operation  and  maintenance  of  plant: 
Personal  services: 

Permanent  $64,074 

Other+  8,000 


Total  $72,074 

Current  expenses  67,92'5 

Equipment  3,785 

Total  143,784* 

Jin  this  appropriation  $3,000  shall  be  for  student  help  only. 

*Within  this  amount  there  is  appropriated  a  sum  of  $6,347  to  pro- 
vide for  additional  personal  services  and  other  expenditures,  as  follows: 
$3,647  for  1  Painter  I;  and  $2,700  for  maintenance  materials,  which  shall 
not  lapse  but  shall  be  available  for  expenditure  the  following  year.  This 
appropriation  is  made  to  permit  the  institution  to  accomplish  certain 
maintenance  projects  deleted  from  the  recommended  capital  budget, 
deferred  maintenance. 

Amortization  of  investment  in  men's  dormitory: 
Bonds  and  interest  $42,257 

Less  revenue  42,257 


Net  appropriation 

college 

0 

Total  for  Plymouth  teachers 

$1,014,729 

Less  estimated  revenue: 

Board  and  room 

$358,750 

Tuition 

227,500 

Extension  courses 

20,000 

Practice  schools 

83,000 

Registrations 

19,125 

Other  revenue 

4,500 

Total  $712,875 


264  Chapter  198  [1963 

Deduct  revenue  applied  to 

amortization  42,257 

670,618 


Net  appropriation  344, 1 1 1 

Total  for  board  of  education  $6,400,799 

Less  estimated  revenue  801,740 


Net  appropriation  $5,599,059 

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,  auditorium,  and  gymnasium), 
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  $1 1,000 
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  $6,500  from  the  cafeteria  at  Portsmouth  technical 
institute  shall  be  available  for  further  expenditure  in  connection  with 
the  cafeteria.  No  nursery  school  program  shall  be  allowed  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  teacher  con- 
sultant positions  hereinafter  established  shall  be  only  after  a  majority  of 
the  school  districts  in  the  supervisory  union  representing  not  less  than 
eighty-five  percent  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. 

The  above  appropriations  for  Keene  and  Plymouth  teachers  colleges 
and  the  Manchester  and  Portsmouth  and  New  Hampshire  technical  in- 
stitutes include  the  $200  per  year  temporary  increase  as  provided  by  the 
1961  laws  and  such  temporary  increase  is  hereby  continued  for  the  present 
biennium. 

For  board  of  probation: 

Salary  of  director  $9,127 

Other  personal  services: 

Permanent  190,526 

Other  2,369 


Total  $202,022 

Current  expenses  13,938 

Travel  13,^150 


1963]  Chapter  198  265 

Equipment  '5,500 


Total  for  probation  $234,610 

Less  refund  5,554 


Net  appropriation  $229,056 


For  aeronautics  commission: 
Administration: 

Salary  of  director  $8,512 

Other  personal  services: 

Permanent  30,694 


Total  $39,206 

Current  expenses  3,650 

Travel  3,000 


Total  $45,856 

Less  estimated  revenue  4,600 

Less  transfer  from  airways  toll  fund  3,689 


Total  $12,689 

Less  transfer  and  balance  12,689 


Net  appropriation 

Aircraft  operating  fees:f 

Other  expenditures  —  as  provided  by  1961:261  J     $7,000 
Less  estimated  revenue  7,000 


Net  appropriation  $37,567 

Airways  toll  fund:f 

Transfer  to  administration  $3,689 

Other  expenditures: 

Establishment  and  maintenance  of  air  naviga- 
tion facilities  on  the  state  airways  system;|:  9,000 


Net  appropriation  0 


fExpenditures  shall  not  exceed  existing  balance  and  revenue. 

JNo  part  of  this  appropriation  shall  be  expended  without  prior  ap- 
al  of  the  governor  and  council. 

Total  for  aeronautics  commission  $37,567 


266  Chapter  198  [1963 

For  bank  commissioner: 
Administration: 

Salary  of  commissioner  $12,192 

Salary  of  deputy  commissioner  9,715 

Salary  of  assistant  commissioner  8,850 

Other  personal  services: 

Permanent  139,384* 

Other  4,817 


Total  $174,958 

Current  expenses  27,315 

Travel  25,000 

Equipment  7,634 
Other  expenditures: 

Oasi  and  retirement  12,288 


Total  $247,195 

Less  revenue^  235,003 


Net  appropriation  $12,192 

*In  this  appropriation  $39,113  shall  be  for  five  bank  examiners  III. 
Any  of  these  positions  not  filled  prior  to  April  1,  1964  are  hereby  abolished 
and  the  funds  appropriated  for  said  positions  shall  not  be  used  for  any 
other  purpose. 

JThe  bank  commissioner  shall  collect  in  the  manner  indicated  in 
section  2  of  this  act,  from  the  institutions,  the  condition  and  management 
of  which  he  is  required  to  examine  and  supervise  under  the  provisions  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 
herein  as  the  salary  of  the  commissioner,  for  the  fiscal  year  ending  June 
30,  1964.  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  1965. 


Special  fund  —  re  small  loan  licenses  and 

motor  vehicle  sales  finance  licenses:f 

Personal  services: 

Permanent 

$10,439 

Current  expenses 

720 

Travel 

2,290 

Equipment 

2,860 

Other  expenditures: 

Oasi  and  retirement 

742 

Total  $17,051 


1963]                                          Chapter  198  267 

Less  revenue  17,051 

Net  appropriation  0 

fNotwithstanding  any  law  to  the  contrary,  expenditures  from  this 
fund  shall  be  subject  to  budgetary  limitations. 

Total  for  bank  commissioner  $12,192 


For  liquor  commission: 
Administration: 

Salaries  of  three  commissioners  $30,724 

Other  personal  services: 

Permanent  238,407 

Other  8,595 


Total  $277,726 

Current  expenses  52,000* 

Travel  31,000 

Equipment  1,200 
Other  expenditures: 

Oasi  and  retirement  19,600 


Total  $381,526 

*In  this  appropriation  $2,000  shall  be  for  the  ladies  lounge  and  shall 
not  be  used  for  any  other  purpose  or  transfered  to  any  other  account. 

Stores  operation: 
Personal  services: 

Permanent  $878,992 

Other  57,000 


Total  $935,992 

Current  expenses  331,000 

Travel  10,000 

Equipment  26,402 
Other  expenditures: 

Oasi  and  retirement  68,100 


Total  1,371,494 

Warehouse: 

Personal  services: 

Permanent  $105,755 

Other  '  5,000 

Total  $110,755 


268  Chapter  198  [1963 

Current  expenses  10,500 

Equipment  2,675 
Other  expenditures: 

Oasi  and  retirement  7,750 


Total  131,680 


Total  for  liquor  commission  $1,884,700 


For  public  utilities  commission: j- 
Office  of  the  commission: 

Salaries  of  three  commissioners  $34,301 

Other  personal  services: 

Permanent  105,601 

Other  1,925 


Total  $141,827 

Current  expenses  16,500 

Travel  7,750 

Equipment  1,305 
Other  expenditures: 

Oasi  and  retirement  7,252 


Total  $174,634 

Less  estimated  revenue  11,700 


Net  appropriation  $162,934 


fNotwithstanding  anv  other  provisions  of  law  to  the  contrary,  the 
amount  of  expenses  ascertained  under  the  provisions  of  RSA  363-A:l 
(supp)  and  the  assessment  thereof  provided  by  RSA  363-A:2  (supp)  shall 
not  exceed  one  hundred  fifty  thousand  dollars.  Other  provisions  of  law 
notwithstanding,  the  balance  at  July  1,  1963  and  June  30,  1964  shall  lapse 
to  the  unappropriated  surplus  of  the  general  fund. 

For  racing  commission: 
Thoroughbred  racing: 

Salaries  of  three  commissioners  $7,236 

Other  personal  services: 

Permanent  23,042 

Other*  31,000 


Total  $61,278 

Current  expenses  4,400 

Travel  5,000 


1963]                                          Chapter  198 
Equipment 

950 

Total 

Less  reimbursement 

$71,628 
5,674 

Net  appropriation 

Harness  racing: 
Personal  services: 
Permanent 
Other* 

$10,531 
84,659 

Total 
Current  expenses 
Travel 
Equipment 

$95,190 

3,978 

111,306 

1,200 

Total 

Less  reimbursement 

$111,674 
10,674 

269 


$65,954 


Net  appropriation  101,000 

Total  for  racing  commission  $166,954 


*Such  portion  of  this  amount  as  constitutes  the  compensation  of  the 
official  state  steward  or  associate  judge  of  the  state  racing  commission, 
shall  be  reimbursed  to  the  state  by  the  person,  association,  or  corporation 
conducting  the  race  or  meet  and  such  reimbursement  shall  include  the 
employer's  share  of  oasi  taxes. 

For  tax  commission: 
Office  of  commission: 

Salary  of  two  commissioners  $19,221 

Salary  of  secretary  11,893 

Other  personal  services: 

Permanent  76,352 

Other  44,931 


Total  $152,397 

Current  expenses  112,700 

Travel  22,000 

Equipment  8,000 


Total  $195,097 

Less  estimated  revenue  47,487 


Net  appropriation  $147,610 


270  Chapter  198  [1963 

Municipal  accounting: 
Personal  services: 

Permanent  $61,321 

Other  2,500 


Total  $63,821 

Current  expenses  1,650 

Travel  6,010 


Total  $71,481 

Less  estimated  revenue  27,000 


Net  appropriation  $44,481 

Intangibles  tax: 
Personal  services: 

Permanent  $23,688 

Other  400 


Total  $24,088 

Current  expenses  3,550 

Travel  625 

Equipment  1,280 
Other  expenditures: 

Oasi  and  retirement  1,783 


Total  $31,326 

Less  estimated  revenue  31,326 


Net  appropriation 

Utilities  tax: 

Personal  services: 

Permanent  $3,712 

Current  expenses  100 

Equipment  450 

Total  $4,262 

Less  estimated  revenue  4,262 


Net  appropriation 

Inheritance  Tax: 
Personal  services: 

Permanent  $(19,597 

Other  5,500 

Total  $25,097 


163] 

Current  expenses 

Travel 

Equipment 

Chapter  198 

2,400 
100 
125 

Total 

Tobacco  products  tax: 
Personal  services: 
Permanent 
Other 

$32,235 
400 

Total 
Current  expenses 
Travel 
Equipment 

$32,635 

12,475 

4,660 

6,950 

271 


$27,722 


Total  $56,720 

Reimbursements  to  cities  and  towns  for  flood  control  pur- 
poses, as  provided  under  RSA  122f  73,000 

f 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  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  $49,200* 

Special  aid  for  heavily  timbered  towns  20,000 


Total  69,200 


Total  for  tax  commission  $418,733 


*The  funds  in  this  appropriation  shall  not  lapse  but  shall  be  avail- 
able for  expenditure  in  the  following  year. 

For  civil  defense: 
Administration: 
Personal  services: 

Permanent  $53,836 

Current  expenses  8,175 

Travel  650 

Equipment  6,842 


272  Chapter  198  [1963 


Other  expenditures: 

Radiological  courses  and  training 
at  federal  schools 

900 

Total 

eld  Staff: 
Current  expenses 
Travel 

$150 
3,600 

$70,403 

Total 

3,750 

Total  for  civil  defense* 
Less  federal  reimbursement* 

$74,153 
37,541 

Net  appropriation 

$36,612 

*This  amount  available  for  expenditure  only  if  federal  grants  are 
available.  Any  revenue  in  excess  of  the  estimated  federal  grants  shall  be 
available  for  such  further  expenditures  as  the  governor  and  council  shall 
approve.  Any  curtailment  of  civil  defense  activities  caused  by  a  decrease 
in  federal  grants  will  be  implemented  by  a  proportionate  decrease  in  all 
classes  of  expenditures  as  recommended  by  civil  defense  director  and  ap- 
proved by  governor  and  council,  including  any  permanent  personal  serv- 
ices formerly  covered  by  federal  funds. 

For  civil  air  patrol  —  current  expense:  $10,500 


For  employees  retirement  system: 
Personal  services: 

Permanent  $20,438 

Other  4,750 


Total  $25,1188 

Current  expenses  2,000 

Travel  350 

Equipment  350 
Other  expenditures: 

Normal  contribution  for  general  employees  327,500 


Total  $355,388 

Less  estimated  revenue  11,600 


Net  appropriation  $343,788 


1963]  Chapter  198  273 

For  firemen's  retirement  system: 
Personal  services: 

Other  $2,200 

Current  expenses  170 

Travel  200 

Other  expenditures: 

Contribution  to  retirement  fund  65,430 


Total  $68,000 


For  teachers'  retirement  system: 
Personal  services: 

Permanent  $21,156 

Other  4,000 


Total  $25,156 

Current  expenses  2,000 

Travel  450 
Other  expenditures: 

Normal  contribution  433,430 


>r  policemen's  retirement  system: 

Personal  services: 

Other 

$2,800 

Current  expenses 

350 

Travel 

200 

Other  expenditures: 

Contribution  to  retirement  fund 

163,984 

Total 

$167,334 

Total  $461,036 


For  public  works  division  of  department  of  public  works  and  highways: 
Personal  services: 

Permanent  $78,432 

Current  expenses  16,100 

Travel  7,200 

Equipment  7,065 
Other  expenditures: 

Consultants,  temporary,  part  time  35,000 

Administrative  costs  to  dept.  of  public 

works  and  highways  5,000 


;156,297 
77,800 


274  Chapter  198  [1963 

Moving  state  agencies  to  new  office  building  7,500 

Total 

Less  estimated  credits 

Net  appropriation  $78,497 

For  fish  and  game  department: 
Commission: 

Current  expenses  $50 

Travel  1,000 

Total  $1,050 

Administration: 
Salary  of  director 
Personal  services: 

Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 

Employees'  retirement 

Oasi 

I  

'  Total  $154,669 

Conservation  officers: 
Personal  services: 

Permanent  $224,686 

Other  8,560 

Total  $233,246 

Current  expensesf  29,806 

Travel  60,500 

Equipment  7,853 


$11,127 

49,943 
11,400 

$62,470 

34,116 

563 

4,720 

32,500 
20,300 


Total  $331,405 

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. 

Bounties: 

Other  expenditures: 

Bobcat  bounties  2,000 


1963]  Chapter  198  275 

Damage: 

Personal  services: 

Permanent  $5,616 

Other  1,800 


Total  $7,416 

Current  expenses  4,450 

Travel  500 

Equipment  1,600 
Other  expenditures: 

Grants  —  damage  by  game  4,000 


Total  $17,966 

Education: 

Personal  services: 

Permanent  $20,039 

Other  500 


Total  $20,539 

Current  expenses  11,750 

Travel  2,675 

Equipment  1,475 
Other  expenditures: 

Shows  2,000^ 


Total  38,439 

*ln  this  appropriation  $1,000.  shall  be  available  for  expenditure  for 
the  state's  wildlife  exhibit. 

Propagation  of  fish: 
Personal  services: 

Permanent  $249,960 

Other  1,500 


Total  $251,460 

Current  expenses  108,500 

Travel  7,150 

Equipment  8,500 
Other  expenditures: 

Contract  with  U.  N.  H.  11,150 


Total  376,760 

Propagation  of  game: 
Personal  services: 

Permanent  $18,092 


276 


Chapter  198 


[1963 


Other 

Total 
Current  expenses 
Travel 
Equipment 

Total 

Management  and  research: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 

Contract  with  U.  N.  H. 

Dams 


1,000 


$19,092 

11,630 

175 

1,000 


$126,483 
1,500 

$127,983 

27,500 

6,825 

5,524 

4,500 
575 


31,897 


Total 

Maintenance  and  construction: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 

Dams 

Land  acquisition 

Total 

Total  for  fish  and  game  department 
Less  revenue  and  balance 

Net  appropriation 


172,907 


$61,608 
7,000 

$68,608 

30,000 

3,500 

3,200 

3,000 
100 


108,408 


$1,235,501 
11,235,501 


0 


In  addition  to  the  above  appropriation,  the  fish  and  game  depart- 
ment may  receive  for  disbursement  any  unexpended  balance  from  previ- 
ous years.  Such  balances  shall  be  expended  under  the  direction  of  the 


1963]  Chapter  198  277 

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  under  the  direction  of  the  fish  and  game 
commission  with  the  approval  of  the  governor  and  council. 

For  lobster,  clam  and  oyster  enforcement:f 

Transfers  to  fish  and  game  department  $18,165 

Less  revenue  and  balance  18,165 


Net  appropriation  0 


fNotwithstanding  any  other  provision  of  law  to  the  contrary,  all 
revenue  and  fines  received  from  licenses  issued  for  the  taking  of  lobsters, 
clams  and  oysters  shall  be  kept  in  a  special  account  and  used  for  the  en- 
forcement of  laws  pertaining  to  the  taking  of  said  lobsters,  clams  and 
oysters.  Any  expenditure  or  withdrawal  from  said  special  account  shall 
be  subject  to  budgetary  limitations. 

For  public  works  and  highways: 
Administration: 

Salary  of  commissioner  $13,830 

Salary  of  deputy  commissioner  11,903 

Salary  of  assistant  commissioner  11,713 

Other  personal  services: 

Permanent  249,317 

Other  4,300 


Total  $291,063 

Current  expenses  91,851 

Travel  3,750 

Equipment  2,800 


Total  $389,464 

Engineering;!; 
Personal  services: 

Permanentf  $2,457,800 

Other: 

Consultants  590,000 

Temporary  services  317,114 


Total  $3,364,914 
Current  expenses  1162,321 

Travel  199,261 

Equipment  10,600 

Total  3.737,096 


278  Chapter  198  [1963 

:J:Notwithstanding  any  other  provision  of  law,  no  classified  engineer- 
ing position  shall  be  downgraded,  unless  it  is  vacant. 

fin  this  appropriation  sufficient  additional  funds  have  been  in- 
cluded to  meet  new  federal  requirements  concerning  the  right-of-way 
division.  Positions  in  this  division  included  herein  are  1  right-of-way 
engineer,  1  assistant  right-of-way  engineer,  1  office  engineer,  2  engineers 
for  attorney  general,  1  relocation  advisor,  1  abstractor  III,  3  abstractors 
II,  1  abstractor  I,  1  reviewing  appraiser,  1  assistant  reviewing  appraiser, 
2  appraiser  III,  5  appraiser  II,  1  appraiser  I,  2  negotiators,  1  right-of-way 
agent  III,  3  right-of-way  agents  II,  1  right-of-way  agent  I,  1  clerk-stenog- 
rapher IV,  1  clerk-stenographer  III,  3  clerk-stenographers  II,  1  clerk- 
stenographer  I,  and  11  clerk-typist  I. 

Materials  and  research: 
Personal  services: 

Permanent  $233,636 

Other  17,200 


Total  $250,836 

Current  expenses  28,620 

Travel  33j05 

Equipment  2,035 


Total  314,596 

Mechanical: 

Personal  services: 

Permanent  $365,774 

Other  7,700 


Total  $373,474 

Current  expenses  725,000 

Travel  4^000 

Equipment  500,000 


Total  1,602,474 

Planning  and  economics: 
Personal  services: 

Permanent  $212,427 

Other  21,900 


Total  $234,327 
Current  expenses  17,526 

Travel  6^25 

Equipment  8,195 

Total  266,473 


1963]  Chapter  198  279 

Road  maintenance: 
Personal  services: 

Permanent  $2,912,496 

Other  330,000 


Total  $3,242,496 

Current  expenses  4,800,000 

Travel  105,000 

Equipment  125,000 

Total  '  8,272,496 

Bridge  maintenance: 
Personal  services: 

Permanent  $212,840 

Other  20,000 


Total  $232,840 

Current  expenses  135,000 

Travel  39,000 

Equipment  10,000 


Total  416,840 

Traffic  (highway  marking  and  roadside  development) 
Personal  services: 

Permanent  $233,865 

Other  21,15(1 


Total  $255,016 

Current  expenses  261,323 

Travel  57,268 

Equipment  1,575 


Total  575,182 

Legislative  specials: 

Retirement  $267,675 

Oasi  234,511 

Maintenance  class  V  highways  200,500 

Claims  750 

Roads  to  public  waters  10,000 

Accidents  and  compensation  32,500 

Special  retirement  2,064 

Attorney  general  —  for  legal  services  61,123 
Safety  department  —  for  commissioner  and 
divisions  of  motor  vehicles,  state  police  and 

safety  services  1,738,918 


280  Chapter  198  [1963 

State  treasury  —  for  services  18,278 

Water  resources  —  stream  flow  gauging  6,000 

Total  2,572,319 

Debt  service  4,140,850 

Land  and  buildingsf  416,278 

fin  this  appropriation  $'128,000  shall  be  for  debt  service  for  new 
office  building  and  for  no  other  purpose. 
Construction  and  reconstruction: 
Matching  funds  (federal  aid): 

Interstate  $12,120,000 

Primary  4,510,000 

Secondary  3,045,000 

Urban  907,000 


Total  —  matching  fundsf  20,582,000 

f  No  transfers  shall  be  made  from  this  appropriation. 
State  funds: 

Trunk  line  reconstruction  $100,000 

State  aid  reconstruction  60,000 

State  aid  construction  100,000 

Town  road  aid  1,350,000 

Betterments  1,250,000 

State  aid  bridge  construction  150,000 

Town  road  bridge  75,000 

Federal  land  100,000 

Damage  100,000 


Total  for  construction  3,285,000 


Total  for  public  works  and  highways  $46,571,068 

Less  estimated  revenue  and  balance: 

Balance  of  available  funds  $1,209,068 

Gasoline  road  toll  (net)  15,145,000 

Motor  vehicle  fees  gross  8,000,000 

Mechanical  division  (garage)  1,375,000 

Federal  aid  funds  (net)  15,576,500 

Other  revenue  265,500 

Funds  from  issuance  of  bonds  5,000,000 


Total  .  46,5711,068 

Net  appropriation  0 


1963]  Chapter  198  281 

For  eastern  New  Hampshire  turnpike: 

Blue  Star  memorial  highway  (Seabrook-Portsmouth  toll  road): 
Operating: 

Personal  services: 

Permanent  $74,893 

Other  38,000 


Total  $112,893 

Current  expenses  81,592 

Travel  1,500 

Equipment  950 


Total  $196,935 

Maintenance: 
Personal  services: 

Permanent  $56,106 

Other  4,500 


Total  $60,606 

Current  expenses  67,867 

Travel  1,600 

Equipment  10,121 


Total  140,194 

Debt  service: 

Bonds  maturing  $280,000 

Interest  on  bonds  70,720 


Total  350,720 


Net  appropriation 

Spaulding  turnpike: 
Operating: 

Personal  services: 

Permanent  $75,604 

Other  114,000 

Total  $89,604 


Total  for  blue  star  memorial  highway  $687,849 

Less  estimated  revenue**  $1,410,100 

Less  transfer  to  Spaulding  turnpike 
against  authorized  expenditures  722,251 

687,849 


282  Chapter  198  [1963 

Current  expenses  78,419 

Travel  1,700 

Equipment  950 


Total 

$170,673 

Maintenance: 

Personal  services: 

Permanent 

$58,919 

Other 

3,500 

Total 

$62,419 

Current  expenses 

68,817 

Travel 

1,800 

Equipment 

13,365 

Other  expenditures: 

Permanent  improvements  including 

resurfacing 

264,125 

Total 

410,526 

Debt  service: 

Bonds  Maturing 

$340,000 

Interest  on  bonds 

297,975 

Total 

637,975 

Total  for  Spaulding  turnpike 

$1,219,174 

Less  estimated  revenue** 

$349,100 

Less  transfer  from  blue  star 

memorial  highway 

722,251 

Less  transfer  from  New  Hampshire 

turnpike  sinking  fund 

147,823 

11,219,174 

Net  appropriation 
Total  for  eastern  New  Hampshire  turnpike^ 


*In  the  event  revenue  is  insufficient  to  cover  operating,  maintenance 
and  debt  service,  any  deficit  in  debt  service  shall  be  covered  from  the 
highway  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  of  the  eastern  New 
Hampshire  turnpike  in  excess  of  $1,907,023  shall  be  available  for  such 
further  expenditure  as  the  governor  and  council  shall  approve. 


1963]  Chapter  198  283 

For  central  New  Hampshire  turnpike: 
Operating: 

Personal  services: 

Permanent  $99,812 

Other  16,328 


Total  $116,140 

Current  expenses  116,680 

Travel  2,200 

Equipment  950 


Total  $235,970 

Maintenance: 
Personal  services: 

Permanent  $110,891 

Other  6,000 


Total  $116,891 

Current  expenses  178,000 

Travel  3,000 

Equipment  24,494 


Total  322,385 

Debt  service: 

Bonds  maturing  $565,000 

Interest  on  bonds  377,875 


Total  942,875 


Total  for  central  New  Hampshire  turnpike  $1,501,230 

Less  estimated  revenue  $1,337,400 

Less  transfer  from  central  New  Hampshire 

turnpike  sinking  fund  163,830 


$1,501,230** 
Net  appropriation*  0 


*In  the  event  revenue  is  insufficient  to  cover  operating,  maintenance 
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  expenditure  as  the  gov- 
ernor and  council  shall  approve. 


284  Chapter  198  [1963 

For  Neil  R.  Underwood  bridge: 
Operation  and  maintenance: 
Personal  services: 

Permanent  $20,424 

Other  23,332 


Total 

$43,756 

Current  expenses 
Travel 

12,300 
800 

Equipment 

Other  expenditures: 

Complete  rehabilitation  of  bridge 

2,735 
130,000 

Total 

$189,591 

Debt  service: 

Bonds  maturing 

$45,000 

Interest  on  bonds 

3,825 

Total 

48,825 

Total  for  Neil  R.  Underwood  bridge 

$238,416 

Less  estimated  revenue 

$138,500 

Less  transfer  from  sinking  fundf 

99,916 

238,416 

Net  appropriation  0 


f  Any  deficit  in  revenue  needed  to  meet  above  costs  shall  be  covered 
from  the  sinking  fund  of  said  bridge. 

Total  net  appropriation  for  the  fiscal 

year  ending  June  30, 11964  $32,266,792 


198:2     Procedure  for  Collections  from  Banking  Institutions.    The 

bank  commissioner  in  making  the  collections  for  the  cost  of  examina- 
tion and  supervision  from  the  institutions,  the  condition  and  manage- 
ment of  which  he  is  required  to  examine  and  supervise  under  RSA  383:9 
shall  follow  the  following  procedure: 

L  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. 

IL  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 


1963]  Chapter  198  285 

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. 

198:3  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  works  and  high- 
ways. 

198:4  Form;  Proceeds  of  Sale.  The  governor  and  council  shall 
determine  the  form  of  such  bonds  or  notes,  their  rate  of  interest,  the  dates 
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  under  the  di- 
rection 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. 

198:5  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. 

198:6  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  purpose  hereof  borrow  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. 

198:7  Continuing  Appropriation.  The  monies  provided  in  section 
3  hereof  shall  be  a  continuing  appropriation  and  shall  not  lapse. 

198:8  Legislative  Drafting  Service.  In  accordance  with  the  pro- 
visions of  RSA  14:38  the  determination  by  the  attorney  general  relative 


286  Chapter  198  [1963 

to  the  rates  for  overtime  compensation  for  employees  of  his  office  on 
legislative  matters  and  for  the  employment  of  additional  legal  personnel 
is  hereby  approved  as  follows:  Per  diem  for  legal  personnel,  not  more 
than  eighty  dollars:  stenographic  overtime  services  three  dollars  and 
fifty  cents  per  hour  and  supervisory  overtime  services  six  dollars  per  hour. 
The  provisions  of  this  section  shall  be  effective  for  the  1963  session  of  the 
general  court. 

198:9  Travel  Allowances  and  Other  Expenses.  Notwithstanding 
any  other  provision  of  law,  a  member  of  the  general  court,  when  engaged 
in  official  business  on  behalf  of  the  legislature  other  than  at  Concord,  and 
whether  or  not  the  legislature  is  then  in  session,  shall  be  reimbursed  for 
travel  and  expenses  incident  to  such  business  at  the  same  rates  as  would 
be  allowed  a  state  employee  having  his  headquarters  in  the  city  or  town 
of  the  residence  of  such  member,  provided  that  such  travel  be  authorized 
by  the  president  of  the  senate,  with  the  approval  of  the  chairman  of  the 
senate  finance  committee,  or  by  the  speaker  of  the  house  with  the  approval 
of  the  chairman  of  the  house  appropriations  committee.  Authority  is  also 
granted  hereby  to  the  president  of  the  senate  with  the  approval  of  the 
chairman  of  the  senate  finance  committee,  and  to  the  speaker  of  the 
house  with  the  approval  of  the  chairman  of  the  house  appropriations 
committee,  to  cause  payment  of  expenses  incidental  to  the  operation  and 
business  of  the  legislature  while  the  legislature  is  in  recess,  except  such 
expenses  as  are  otherwise  by  law  provided  for.  Any  and  all  expenditures 
under  this  section  shall  not  exceed  $10,000  and  shall  be  chargeable 
against  the  legislative  appropriation.  In  the  event  of  a  vacancy  in  the  of- 
fice of  president  of  the  senate  or  of  speaker  of  the  house  during  the  re- 
cess of  the  legislature,  the  chairman  of  the  senate  finance  committee  or 
the  chairman  of  the  house  appropriations  committee  respectively,  shall 
have  and  exercise  the  authority  conferred  upon  the  president  and  the 
speaker  by  this  section. 

198:10  Sweepstakes  Expense.  There  is  hereby  appropriated  for  the 
fiscal  year  ending  June  30,  1964,  the  sum  of  two  hundred  fifty  thousand 
dollars  for  the  expenses  of  the  state  sweepstakes  commission  as  established 
under  chapter  52,  Laws  of  1963,  as  inserted  in  RSA  284:20-a.  Notwith- 
standing any  other  provision  of  law,  no  expenditure  shall  be  made  from 
this  appropriation  without  prior  approval  by  the  governor  and  council. 

198:11  Short  Term  Notes.  To  provide  funds  for  the  appropriation 
made  in  section  10  and  in  anticipation  of  the  collection  of  revenue  under 
the  provisions  of  chapter  52,  Laws  of  1963,  the  state  treasurer,  under  the 
direction  of  the  governor  and  council,  may  for  the  purposes  hereof  bor- 
row money  from  time  to  time  on  short  term  notes,  provided,  however,  that 
at  no  time  shall  the  indebtedness  of  the  state  on  such  short  term  notes 
exceed  the  sum  of  two  hundred  fifty  thousand  dollars. 


1963]  Chapter  198  287 

198:12  Payments.  Payment  of  the  notes  issued  under  section  '11 
shall  be  made,  when  due,  from  the  general  funds  of  the  state. 

198:13  Reimbursement.  The  general  funds  of  the  state  shall  be 
reimbursed  for  all  expenditures  made  from  the  appropriation  provided 
in  section  10.  Such  reimbursement  shall  be  made  from  the  special  fund, 
established  by  chapter  52,  Laws  of  1963,  as  inserted  in  RSA  284:  21-j  from 
proceeds  of  the  first  sweepstakes  race  conducted  by  the  state  sweepstakes 
commission. 

198:14  Interim  Employment.  In  addition  to  any  sum  hereinabove 
appropriated  for  the  office  of  the  secretary  of  state  there  is  hereby  appro- 
priated $5,980.00  for  the  employment  of  Benjamin  F.  Greer,  clerk  of  the 
senate,  during  the  period  from  July  1,  1963  to  June  30,  1964  at  the  rate  of 
$230.00  bi-weekly.  The  services  of  said  Benjamin  F.  Greer  shall  be  avail- 
able to  interim  legislative  committees  and  to  the  secretary  of  state's  depart- 
ment. The  sum  hereby  appropriated  shall  be  a  charge  on  the  legislative 
appropriation. 

198:15  Reports.  The  following  institutions;  Keene  teachers  col- 
lege, Plymouth  teachers  college,  Laconia  state  school  and  the  State  Hos- 
pital, shall  between  July  1,  1963  and  December  31,  4964,  each  three- 
month  period,  each  make  a  report  to  the  research  analyst  to  the  senate 
finance  committee  and  to  the  legislative  budget  assistant,  showing  the 
progress  made  on  each  maintenance  project. 

198:16  Maintenance  of  Office  Machinery.  The  director  of  purchase 
and  property  is  hereby  directed  to  effect  the  discontinuance  of  "mainte- 
nance contracts"  on  office  machines  (other  than  machines  on  a  rental 
basis)  at  the  expiration  of  the  contracts  now  in  effect  whenever  he  deems 
such  discontinuance  to  be  in  the  best  interest  of  the  state. 

198:17  Assistants  for  Research  Analyst.  The  research  analyst  to 
the  senate  finance  committee  established  by  RSA  14:40  may  hire  assistants 
as  required  within  the  limits  of  the  appropriation  and  balance  available. 

198:18  Committee  for  Room  Assignments.  Notwithstanding  any 
other  provision  of  law,  there  is  hereby  established  a  committee  consisting 
of  the  governor,  one  member  to  be  appointed  by  the  president  of  the 
senate  and  one  member  to  be  appointed  by  the  speaker  of  the  house, 
whose  duty  it  shall  be  to  assign  rooms  on  the  third  floor  of  the  state  house. 

198:19     Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  June  27,  1963] 
[Effective  date  July  1,  1963] 


288  Chapter  199  [1963 

CHAPTER  199. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  THE  EXPENSES  OF 

CERTAIN  DEPARTMENTS  OF  THE  STATE  FOR  THE  YEAR 

ENDING  JUNE   30,    1965. 

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

Court  convened: 

199:1  Appropriations.  The  sums  hereinafter  mentioned  are  ap- 
propriated 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,  1965,  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  $57,5001  for 
the  office  of  legislative  budget  assistant  to  the  appropriations  and  finance 
committees,  and  $14,500  for  the  office  of  research  analyst  to  the  senate  fi- 
nance committee,  as  follows:  (Salary  of  legislative  budget  assistance  $13,- 
120,  other  personal  services  $37,880,  other  expenditures  $6,500*)  (Salary 
of  research  analyst  to  senate  finance  committee  $8,500,  other  personal 
services  $5,000,  other  expenditures  $1,000)  $393,900J 

Legislative  council  2,500 

Council  of  state  governments  3,600 


Total  for  legislative  branch  $400,000 


*ln  this  appropriation  $4,000,  or  so  much  as  necessary,  shall  be  ex- 
pended by  the  legislative  budget  assistant  for  an  audit  of  the  state  treas- 
ury. The  legislative  budget  assistant  shall  designate  a  certified  public  ac- 
countant, 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. 

fOf  this  amount  $47,500  shall  be  taken  from  the  legislative  appro- 
priation made  herein  and  $10,000  shall  be  taken  from  the  unexpended 
balance  now  in  the  accounts  of  the  legislative  budget  assistant's  office. 
The  legislative  budget  assistant  shall,  when  overtime  or  temporary  as- 
sistance is  necessary,  obtain  such  assistance  and  determine  the  compensa- 
tion therefor. 

^During  the  period  when  the  legislature  is  not  in  session  no  expendi- 
ture shall  be  charged  against  the  appropriation  for  the  expenses  of  the  leg- 
islature, exclusive  of  the  appropriations  included  therein  for  the  office  of 
the  legislative  budget  assistant  to  the  appropriations  and  finance  commit- 
tees, office  of  research  analyst  to  the  senate  finance  committee,  and  the  office 
of  the  director  of  legislative  services,  without  the  approvals  of  the  presi- 
dent of  the  senate  and  the  chairman  of  the  senate  finance  committee,  or 
without  the  approvals  of  the  speaker  of  the  house  and  the  chairman  of  the 


1963]  Chapter  199  289 

house  apDropriations  committee.  In  the  event  of  a  vacancy  in  the  office  of 
the  chairman  of  either  of  said  committees,  the  vice  chairman  of  said  com- 
mittee shall  exercise  the  authority  herein  conferred  on  the  chairman. 

For  executive  branch: 
Office  of  governor: 


Salary  of  governor 

$16,587 

Other  personal  services: 
Other* 

45,000 

Total 

$61,587 

Current  expenses 
Travel 

7,500 
1,800 

Equipment 

750 

Total 

$71,637 

Contingent  fund 

15,000 

Special  citations  to  state  employees 
Governor's  special  fundj- 
Governor's  legal  counsel 

300 

10,000 

6,500 

Secretary  for  legal  counsel 

1,560 

Total  for  governor's  office 

$104,997 

Executive  council: 

Personal  services: 

Other — per  diem 

$15;500 

Secretary  to  governor's  council 

3,000 

Total 

$18,500 

Current  expenses 
Travel 

2,300 
5,000 

Total   for   executive   council 

25,800 

Emergency  fund 

75,000 

Total  for  executive  branch 

$205,797 

*Salaries  paid  out  of  this  appropriation  shall  be  at  levels  set  by  the 
governor. 

fThe  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  States'  Gover- 
nors Conference,  the  New  England  Conference  of  Governors,  and  the 
council  of  state  governments,  for  which  monies  are  not  otherwise  appro- 
priated. 


290  Chapter  199  [1963 

For  judicial  branch: 
For  supreme  court: 

Salaries  of  justices  $81,675 

Salary  of  clerk-reporter  10,541 

Salary  of  supreme  court  assistant  5,714 

Other  personal  services: 

Permanent  3,828 

Other  2,260 


Total 

$104,018 

Current  expenses 

4,200 

Travel 

2,700 

Equipment 

300 

Other  expenditures: 

N.  H.  supreme  court  reports 

5,500 

Total 

$116,718 

Less  estimated  revenue 

600 

Net  appropriation 

For  superior  court: 

Salaries  of  judges 

$113,332 

Salary  of  judicial  referee 

9,730 

Other  personal  services: 

Permanent 

43,140t 

Other 

200 

Total 

$166,402 

Current  expenses 

6,000 

Travel 

15,000 

Total 

$187,402 

Less  reimbursements 

43,140t 

$116,118 


Net  appropriation  144,262 

j-The  total  of  this  appropriation  may  be  increased  with  the  approval 
of  the  governor  and  council  provided  that  the  counties  are  billed  for 
total  expenditures. 

For  judicial  council  7,150J 

:|:In  this  appropriation  $4,600  shall  be  for  the  salary  of  the  secretary. 

For  probate  court: 

Salaries  of  judges  $35,053 

Salaries  of  registers  34,103 


1963]  Chapter  199 

Salaries  of  deputies 

Total 

For  administrative  committees: 

Administrative  committee  for  municipal  courts 
Administrative  committee  for  probate  courts 

Total 

Total  for  judicial  branch 


37,193 


$2,500 
750 


291 


106,349 


3,250 
$377,129 


For  adjutant  general's  department: 
Central  administrative  office: 
Salary  of  adjutant  general 
Other  personal  services: 
Permanent 

Total 
Current  expenses 
Other  expenditures: 
State  flags 

Total 

National  Guard: 
Personal  services: 

Other 
Current  expenses 
Travel 

Other  expenditures: 
Social  security 

Total 

Armories: 

Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Total 

National  guard  rifle  range: 

Current  expenses 
Officers'  uniform  allowance: 

Current  expenses 


$10,947 

49,452 

$60,399 
6,300 

180 


$12,000 
2,275 
1,175 

300 


$96,482 
2,756 

$99,238 
87,500 


$66,879 


$15,750 


186,738 

250 
8,500 


292 


Chapter  199 


[1963 


State  military  reservation:  Concord 
Personal  services: 

Permanent 
Current  expenses 

Travel 

Total 


$30,003 

28,425 

65 


State  military  reservation,  Grenier  air  force  base,  Manchester 
Personal  services: 

Permanent  $11,069 

Current  expenses  36,000 

Travel  600 


Total 

Drill  expense: 

Travel 
New  Hampshire  military  academy 

Total  for  adjutant  general's  department 
Less  estimated  revenue 


58,493 


47,669 


400 
5,000 

$389,679 
70,402 


Net  appropriation 


$3(19,277 


For  administration  and  control: 
Division  of  budget  and  control: 
Salary  of  comptroller 
Salary  of  business  supervisor 
Salary  of  assistant  business  supervisor 
Salary  of  farm  supervisor 
Other  personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 

Atlantic  marine  fisheries 
Firemen's  relief 
Leagjue  of  N.  H.  arts  and  crafts 
New  England  board  of  higher  education: 
Expenses 
Grants 


$13,124 

10,241 

8,894 

7,979 

3,744 
2,000 

$45,982 

2,905 

1,600 

420 

700t 
4,000t 
10,000 

5,350 
50,000 


1963]  Chapter  199  293 

Oasi  contributions: 

State  employees  450,000 

Teachers  390,000 


Total  $960,957 

f Expenditures  in  this  appropriation  shall  be  subject  to  prior  ap- 
proval by  the  governor  and  council. 

Division  of  accounts: 

Salary  of  director  $9,627 

Other  personal  services: 

Permanent  69,961 

Other  1,500 


Total 

$81,088 

Current  expenses 

26,205 

Travel 

400 

Equipment 

1,410 

Total  109,103 

Division  of  investigation  of  accounts: 
Personal  services: 

Permanent  $26,598 

Current  expenses  325 

Travel  3,969 

Equipment  6,000 

Total  36,892 

Division  of  purchase  and  property: 

Salary  of  director  $10,301 
Other  personal  services: 

Permanent  55,068 

Other  1,875 

Current  expenses  4,200 

Travel  1,700 

Equipment  450 


Total  73,594 

Division  of  buildings  and  grounds: 
Personal  services: 

Permanent  $(155,583 

Other  11,395 

Total  $166,978 


294 


Chapter  199 


[1963 


Current  expenses 

Equipment 

Other  expenditures: 

Wide  area  telephone  service 

(Wat)  intra  state 
Cleaning  representatives  hall,  senate  cham- 
ber, and  legislative  offices 

Total 

Less  estimated  revenue 

Net  appropriation 

Mailing  division: 
Personal  services: 

Permanent 
Current  expenses 

Total 

Records  management  and  archives: 
Salary  of  director 
Personal  services: 

Permanent 

Other 

Total 
Current  expenses 
Travel 

Total 

State  historical  commission: 
Personal  services: 

Other 
Current  expenses 
Travel 

Total 

N.  H.  distributing  agency: 
Surplus  foods: 

Salary  of  director 
Other  personal  services: 
Permanent 
Other 


73,617 
175 


2,704 

7,000 

$250,474 
22,947 


$12,085 
849 


$7,470 

6,761 
500 

$14,731 

3,713 

575 


$500 

870 

1,974 


$8,587 

27,848 
4,500 


227,527 


12,934 


19,019 


3,344 


Total 


$40,935 


1963]  Chapter  199  295 


Current  expenses 

17,125 

Travel 

2,675 

Equipment 

4,500 

Other  expenditures: 

Oasi  and  retirement 

2,687 

Total 

$67,922 

Less  estimated  revenue 

and 

balance* 

67,922 

Net  appropriation 

Surplus  property: 

Salary  of  deputy  director  $8,237 

Other  personal  services: 

Permanent  8,681 

Other  900 


Total 

$117,818 

Current  expenses 

17,125 

Travel 

1,585 

Other  expenditures: 

Oasi  and  retirement 

1,248 

Total 

$37,776 

Less  estimated  revenue 

and  balance* 

37,776 

Net  appropriation  0 


*Authority  is  hereby  given  to  utilize  so  much  as  may  be  necessary  of 
the  balance  accumulated  at  June  30,  1964,  or  any  surplus  accumulating 
during  the  fiscal  year  1965  within  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  $1,443,370 


For  agriculture: 

Office  of  commissioner: 

Salary  of  commissioner  $10,008 

Other  personal  services: 

Permanent  37,028 


Total  $47,036 

Current  expenses  8,900 

Travel  4,150 

Equipment  1,500 


296 


Chapter  199 


[1963 


Other  expenditures: 

Feed,  seed  and  fertilizer  analytical  services 

Total 

Division  of  markets  and  standards: 
Bureau  of  markets: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Other  expenditures: 

Cooperative  grant  to  New  England 

crop  reporting  service 
Rodent  control  work  in  cooperation 

with  federal  government 
Federal  supervision  in  connection  with 
farm  produce  inspection 

Total 

Bureau  of  weights  and  measures: 
Personal  services: 

Permanent 
Current  expenses 
Travel 
Equipment 

Total 

Less  estimated  revenue 

Net  appropriation 

Division  of  animal  industry: 
Salary  of  state  veterinarian 
Other  personal  services: 

Permanent 

Other 

Total 
Current  expenses 
Travel 
Equipment 
Other  expenditures: 
Tubercular  testing 


25,000 


$39,010 
936 

$39,946 

15,000 

2,575 


800 
200 
150 


$33,137 

3,010 

4,375 

50 

$40,572 
15,000 


$10,662 

36,941 
2,305 

$49,908 
3,900 
5,100 
3,600 

32,000 


$86,586 


58,671 


25,572 


1963] 


Chapter  199 


297 


Brucellosis,  vibrosis  and  leptospirosis  testing 
Testing  for  mastitis  control 
Indemnities  for  condemned  animals 
Diagnostic  services  for  domestic  animals 
Veterinary  services  —  other  than  testing 

Total 

Division  of  plant  disease  suppression  and  control: 
Salary  of  state  entomologist 
Other  personal  services: 

Permanent 

Other 

Total 
Current  expenses 
Travel 

Total 

Division  of  milk  control: 
Personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 

Other  expenditures: 
Public  hearings 

Total 

Less  estimated  revenue 

Net  appropriation 
Veterinary  examiners 

Vesicular  exanthema 

Less  revenue  and  balance 

Net  appropriation 

Licensing  of  live  poultry  dealers 
Less  revenue  and  balance 

Net  appropriation 


30,775 
1,575 

500 
12,000 

150 


$3,542 

14,554 
6,000 

$24,096 
1,400 
5,450 


139,508 


30,946 


$14,128 
800 

$14,928 
1,450 
2,'525 

250 

$19,153 
19,153 

0 

450 

$50 
50 

0 

$300 
300 

18                                              Chapter  199 

[1963 

Soil  conservation  districts  (ten) 

2,500 

Grants: 

State  soil  conservation  committee 

$300 

Eastern  states  exhibit 

2,000 

Total  2,300 


Total  for  department  of  agriculture  $346,533 

Less  transfersf  7,750 


Net  appropriation  $338,783 


fNotwithstanding  any  other  provisions  of  law  to  the  contrary,  there 
shall  be  transferred  from  the  balances  of  the  following  funds  the  amounts 
as  set  forth  here^vith: 

Economic  poison  law  $5,000,  tests  for  germination  and  purity  of  agri- 
cultural seeds  $1,250,  vesicular  exanthema  $500,  sale  of  animals  and  birds 
$1,000,  totalling  $7,750. 

For  attorney  general: 

Office  of  the  attorney  general: 

Salary  of  attorney  general  $13,064 

Salary  of  deputy  attorney  general  11,653 

Salaries  of  four  assistant  attorneys  general  39,895 

Other  personal  services: 

Permanent  44,298 

Other  1,500 


Total  $110,410 

Current  expenses  6,000 

Travel  3,500 

Equipment  2,300 

Other  expenditures: 

Subversive  investigation  2,000^ 

Commission  on  uniform  laws: 

Dues  $600 

Travel  400 

1,000 


Legal  services  re  dept.  of  public  works 

and  highways  6,000 


Total  $131,210 

Less  estimated  revenue  33,515 


Net  appropriation  $97,695 


1963]  Chapter  199  299 

*No  part  of  this  appropriation  shall  be  spent  without  prior  approval 
of  the  governor,  and  no  part  of  this  appropriation  shall  be  transferred  or 
expended  for  any  other  purpose. 


sgal  assistance  for  land  acquisition: 
Personal  services: 

Permanent 
Other  expenditures: 

Travel  and  current  expenses 

$25,352 
5,000 

Total 

Less  transfer  from  highway  fund 

$30,352 
30,352 

Net  appropriation 

Division  of  charitable  trusts: 

Salary  of  director  $5,465 

Other  personal  services: 

Permanent  5,227 

Other  400 


Total  $11,092 

Current  expenses  500 

Travel  300 

Equipment  200 


Total  12,092 


For  department  of  health  and  welfare: 

Office  of  commissioner  of  health  and  welfare: 

Salary  of  commissioner  $17,056 

Other  personal  services: 

Permanent  4,780 


Total  $2a,836 

Current  expenses  3,000 

Travel  2,200 


Total  for  attorney  general  $109,787 


Total  $27,036 

Upon  request  of  the  commissioner,  after  consultation  with  the  ad- 
visory commission,  the  governor  and  council  may  approve  transfers  of 
personnel,  equipment,  and  appropriations  to  the  office  of  the  commis- 
sioner or  between  any  other  divisions  of  the  department. 


300  Chapter  199  [1963 

Transfers   of  personnel  shall  require  approval  of  the  director  of 
personnel. 

Division  of  public  health  services: 
Health: 

Administration:  state 
Salary  of  director  of 

public  health  services  $15,575 

Other  personal  services: 

Permanent  35,263 

Other  1,580 


Total 

$52,418 

Current  expenses 

12,000 

Travel 

800 

Total 

$65,218 

Less  credit  transfers 

6,300 

Net  appropriation 

Administration:  federal 

Personal  services: 

Permanent 

$3,689 

Current  expenses 

5,750 

Travel 

1,400 

Total* 

$10,839 

Less  estimated  revenue* 

10,839 

Net  appropriation 
Business  management:  state 


Personal  services: 

Permanent 

$21,676 

Current  expenses 

1,700 

Total 

asiness  management:  federal 

Personal  services: 

Permanent 

$15,119 

Other 

100 

Total 

$15,2119 

Current  expenses 

2,200 

Travel 

1,100 

Equipment 

1,500 

$58,918 


23,376 


1963] 


Chapter  199 


301 


Other  expenditures: 

Merit  system  participation 

Training 

Apha   examinations 

Total* 

Less  estimated  revenue* 

Net  appropriation 
Special  health  services:  state 
Personal  services: 
Permanent 
Other 


Total 
Vital  statistics:  state 
Personal  services: 
Permanent 
Other 


2,100 

425 

2,000 


$24,544 
24,544 


$3,689 
5,000 


Total 

$8,689 

Current  expenses 

10,000 

Total 

Special  health  services:  federal 

Personal  services: 

Other 

$11,000 

Current  expenses 

10,500 

Travel 

1,300 

Other  expenditures: 

Chronic  illness 

60,000 

Total* 

$82,800 

Less  estimated  revenue* 

82,800 

Net  appropriation 

Hospital  services:  state 

Personal  services: 

Permanent 

$27,561 

Other 

2,000 

Total 

$29,561 

Current  expenses 

550 

Travel 

2,275 

$34,734 
500 


18,689 


32,386 


Total 


$35,234 


302  Chapter  199  [1963 

Current  expenses  2,000 

TotalJ  37,234 

:|:Any  revenue  received  in  addition   to  this  appropriation  shall  be 
available  for  expenditure  for  said  purposes. 

Vital  statistics:  federal 
Personal  services: 

Permanent  $3,076 

Current  expenses  2,400 

Travel  550 


Total* 

$6,026 

Less  estimated  revenue* 

6,026 

Net  appropriation 

Public  health  nursing:  state 

Personal  services: 

Permanent 

$75,405 

Current  expenses 

630 

Travel 

3,000 

Total 

Public  health  nursing:  federal 

Personal  services: 

Permanent 

$30,393 

Other 

700 

Total 

$31,093 

Current  expenses 

6,000 

Travel 

11,250 

Equipment 

1,320 

Total* 

$49,663 

Less  estimated  revenue* 

49,663 

Net  appropriation 

Communicable  disease  control:  state 
Personal  services: 

Permanent  $39,514 

Other  4,000 


Total  $43,514 

Current  expenses  27,500 

Travel  2,900 


79,035 


1963] 

Equipment 

Ch 
ontrol: 

AFTER   199 

800 

Total 

Communicable  disease  c 
Personal  services: 

Other 
Current  expenses 

federal 

$3,000 

10,900 

303 


74,714 


Total* 

Less  estimated 

[  revenue* 

tion 

state 

grantsj 

$13,900 
13,900 

Net  appropria 

Dental  public  health: 
Personal  services: 
Permanent 
Other 

$22,473 
5,260 

Total 
Current  expenses 
Travel 

$27,733 
375 
250 

Total 

Less  revenue 

$28,358 
5,260 

Net  appropriation  23,098 

;|;Any  revenue  in  excess  of  this  estimate  shall  be  available  for  further 
expenditure  for  said  purpose. 


Dental  public  health: 

federal 

Personal  services: 

Other 

$5,260 

Current  expenses 

800 

Travel 

2,000 

Total* 

$8,060 

Less  estimated 

revenue* 

8,060 

Net  appropriation  0 

Maternal  child  health  and  crippled  children's  services:  state 
Personal  services: 

Permanent  $23,940 

Other  4,000 

Total  $27,940 


304  Chapter  199  [1963 

Current  expenses  32,500 

Travel  500 
Other  expenditures: 

Cystic  fibrosis  5,000 

Convalescent  care  and  clinics  —  sub- 
sistence and  support  of  personsf  60,000 


Total  125,940 

fThe  division  of  investigation  of  accounts  shall  investigate  the  abil- 
ity 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  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  reasonable 
subsistence  compatible  with  decency  and  health. 

Maternal  child  health  and  crippled  children's  services:  federal 
Personal  services: 

Permanent  $18,413 

Other  21,606 


Total 

$40,019 

Current  expenses 

80,000 

Travel 

2,000 

Other  expenditures: 

Convalescent  care  and  clinics  — 

-sub- 

sistence  and  support  of  persons 

40,000 

Other  awards  and  indemnities 

3,750 

Total* 

$165,769 

Less  estimated  revenue* 

165,769 

Net  appropriation 

Occupational  health:  state 

Personal  services: 

Permanent 

$38,771 

Current  expenses 

425 

Travel 

1,350 

Total 

Occupational  health:  federal 

Personal  services: 

Permanent 

$6,286 

Current  expenses 

1,900 

Travel 

3,000 

40,546 


1963]  Chapter  199  305 

Equipment  1,025 


Total* 

$12,2(11 

Less  estimated 

revenue* 
tion 

12,211 

Net  appropria 

Food  and  chemistry:  state 

Personal  services: 

Permanent 

$73,538 

Other 

1,750 

Total 

$75,288 

Current  expenses 

3,900 

Travel 

11,750 

Total 

Sanitary  engineering: 

state 

Personal  services: 

Permanent 

$62,046 

Other 

5,800 

Total 

$67,846 

Current  expenses 

4,900 

Travel 

7,500 

Equipment 

385 

Total 

Laboratory  services:  state 

Personal  services: 

Permanent 

$66,530 

Other 

700 

Total 

$67,230 

Current  expenses 

4,500 

Travel 

750 

Equipment 

934 

Total 

Laboratory  services:  federal 

Current  expenses 

$15,500 

Equipment 

2,550 

Total* 

$18,050 

Less  estimated 

revenue* 

18,050 

90,938 


80,631 


73,414 


Net  appropriation 


306  Chapter  199  [1963 


Icoholism: 
Personal  services: 

Permanent 

Other 

$67,073 
7,750 

Total 
Current  expenses 
Travel 

$74,823 
7,750 
3,000 

Total 

85,573 

Total  for  health 

$844,492 

*A11  amounts  asterisked  (*)  in  this  appropriation  for  health  are  avail- 
able for  expenditure  only  if  funds  are  available  from  a  federal  grant.  If 
the  federal  grants  received  exceed  the  estimates  such  excess  may  be  ex- 
pended for  said  purposes  with  the  approval  of  the  governor  and  council. 


natorium: 

Administration: 

Salary  of  superintendent 

$11,067 

Other  personal  services: 

Permanent 

14,836 

Other 

l,300t 

Total 

$27,203 

Current  expenses 

2,200 

Travel 

1,560 

Total  $30,963 

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  $126,286 

Other  7,200 


Total  $133,486 

Current  expenses  21,000 

Equipment  1,065 


Total  155,551 

Custodial  care: 
Personal  services 

Permanent  $72,502 


1963]  Chapter  199  307 

Other  2,500 


Total  $75,002 

Current  expenses  J  34,000 

Equipment  380 


Total  109,382 

:|:In  this  appropriation  $6,000  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  $6,000. 


Operation  of  plant: 

Personal  services: 

Permanent 

$52,685 

Other 

500 

Total 

$53,185 

Current  expenses 

24,367 

Equipment 

450 

Other  expenditures: 

Cutting  wood  for  institutional 

buildings* 

1,000 

Total  79,002 

*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. 

Maintenance  of  plant: 
Personal  services: 

Permanent  $600 

Current  expenses  10,950 

Equipment  250 

Other  expenditures: 

Rebuild  diesel  3,000 

Resurface  driveways  and 

parking  areas  750 

Repoint  brick  masonry  and  replace 
section  of  floor  1,200 


Total  16,750 

Agriculture: 

Personal  services: 

Permanent  $10,472 


308                                               Chapter 
Other 

199 

1,135 

Total 
Current  expenses 
Equipment 

$1(1,607 

5,310 

925 

Total 

Less  credit  transfers 

Less  estimated  revenue 

$17,842 

7,000 

11,620 

Net  reduction 

—  778 

Total  for  sanatorium 

Less  refunds  (maintenance) 

$390,870 
10,000 

Net  appropriation 

$380,870 

[1963 


Water  pollution: 
State  funds: 

Personal  services: 

Permanent  $77,017 

Other  4,000 


Total  $81,017 

Current  expenses  7,250 

Travel  10,500 


Total  $98,767 

Federal  Funds: 
Personal  services: 

Permanent  $18,210 

Other  4,250 


Total 

$22,460 

Current  expenses 

11,815 

Travel 

4,000 

Equipment 

4,875 

Other  expenditures: 

Oasi  and  retirement 

1,450 

Total* 

$34,600 

Less  estimated  revenue* 

34,600 

Net  appropriation  0 

*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant.  If  the  federal  grant  exceeds  the  above  estimate,  such 


1963] 


Chapter  199  309 


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  $500 

Current  expenses  1,150 

Travel  800 


Total  _  2,450 

State  aid  to  municipalities  184,681 

Total  for  water  pollution  commission  $285,898 

Total  for  division  of  public  health  services  1,511,260 

Division  of  welfare: 
Administration: 

Salary  of  director  $13,12'5 

Other  personal  services: 

Permanent!  205,912 

Other  8,815 


Total  $227,852 

Current  expenses  41,500 

Travel  5,728 

Equipment  1,030 
Other  expenditures: 
Personnel  department 

(merit  system)  3,600 
Employees  retirement  33,526 
Oasi  29,910 
Physical  examinations  for  appli- 
cants re  disability  500 
Educational  leave  3,000 


Total  $346,646 

f  This  appropriation  includes  $3,000  to  be  paid  to  the  department  of 
attorney  general  for  legal  services  and  also  included  herein  is  a  position 
of  clerk-stenographer  IV. 

Field  services: 
Personal  services: 

Permanent  $475,656 

Other  9,925 

Total  $485,581 


310  Chapter  199  [1963 

Current  expenses  57,000 

Travel  20,000 

Equipment  2,014 

564,595 


Total 

Blind  services: 

Personal  services: 

Permanent 

$25,563 

Current  expenses 
Travel 

993 
3,800 

Other  expenditures: 
Education  of  the  blind 

60,000 

Sight  conservation 

29,000 

Total  1119,356 

Child  welfare  services: 

Personal  services: 

Permanent  $159,858 

Travel  20,405 

Other  expenditures: 

Conferences  and  institutes  1,500 

Foster  care  2,605 

Specialized  services  1,000 


* 


Total  $185,368 

Less  estimated  federal  funds  98,641* 


Net  appropriation  86,727 

*I£  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 


Child  welfare  services: 

Federal  funds: 

Personal  services: 

Other 

$7,465 

Other  expenditures: 

Educational  leave 

9,200 

Totalf 

$16,665 

Less  estimated  federal  funds 

16,665 

Net  appropriation  0 

fExpenditures  in  this  appropriation  shall  be  entirely  from  federal 
funds  and  shall  be  limited  to  the  amount  of  the  federal  grant  available 
for  this  purpose. 


1963]  Chapter  199  311 

Vocational  rehabilitation: 
Personal  services: 

Permanent  $22,604 

Current  expenses  400 

Travel  2,852 
Other  expenditures: 

Case  services  22,000 

Business  enterprises  10,000f 

Sheltered  workshop  10,000t 

In  service  training  950 


Total  $68,806* 

Less  estimated  federal  funds  43,575* 


Net  appropriation  25,231 

fExpenditures  from  these  funds  shall  be  subject  to  prior  approval 

of  the  STOvernor  and  council.  These  funds  shall  not  be  transferred  or  used 

for  any  other  purpose. 

*If  the  federal  srrant  is  less  than  the  estimate  shown  herein,  the  total 

appropriation  shall  be  reduced  in  like  proportion. 

Special  children's  fund  6,000 

John  Nesmith  fund  3,700 

Old  age  assistance: 

State's  share  $987,552 

Less  estimated  revenue  91,000 


Net  appropriation 

896,552 

Towns  and  counties 

$1,258,979 

Less  estimated  revenue 

1,258,979 

Net  appropriation 

0 

Federal* 

$2,789,385 

Less  estimated  revenue* 

2,789,385 

Net  appropriation 

0 

Old  age  assistance  to  aliens: 

Towns  and  counties 

$157,051 

Less  estimated  revenue 

157,051 

Net  appropriation 

0 

Federal* 

$212,061 

Less  estimated  revenue* 

212,061 

Net  appropriation 


312  Chapter  199  [1963 

Aid  to  dependent  children: 

State's  share  $1,107,144 

Less  estimated  revenue  100,000 


Net  appropriation  1,007,144 

Federal*  $1,053,127 

Less  estimated  revenue*  1,053,127 


Net  appropriation 

Aid  to  needy  blind: 

State's  share  $172,400 

Less  estimated  revenue  2,200 


Net  appropriation  170,200 

Federal*  $145,021 

Less  estimated  revenue*  145,021 


Net  appropriation  0 

Aid  to  permanently  and  totally  disabled: 

State's  share  $203,910 

Less  estimated  revenue  6,000 


Net  appropriation  197,910 

Towns  and  counties  $289,746 

Less  estimated  revenue  289,746 


Net  appropriation 

Federal*  $334,190 

Less  estimated  revenue*  334,190 


Net  appropriation  Q 

Medical  aid  to  asred: 

State's  share  $310,000 

Less  balance  200,000 


Net  appropriation  110,000 

Federal*  $356,960 

Less  estimated  revenue*  356,960 


Net  appropriation  0 


Total  for  division  of  welfare  $3,534,061 


1963]  Chapter  199  313 

Less  town  and  county  share  of  oasi 

administration  9,500 

Less  transfer  re  administration  from 

federal  grants  373,210 


Net  appropriation  3,151,351 

*If  revenue  and  balance  exceed  estimates  in  the  federal,  town  and 
county  accounts  of  the  welfare  division,  such  excess  may  be  expended 
with  the  approval  of  the  governor  and  council,  provided  however  that 
any  federal  administration  funds  in  these  accounts  must  first  be  trans- 
ferred to  the  estimated  revenue  account  for  that  purpose.  The  director 
of  the  division  of  welfare  shall  monthly  certify  to  the  comptroller  the 
amount  of  said  administration  funds  so  earned  and  the  comptroller  shall 
then  effect  the  transfer. 

Other  provisions  of  law  notwithstanding,  any  balances  remaining  in 
state  accounts  in  the  division  of  welfare  at  the  close  of  the  fiscal  year  shall 
lapse  to  unappropriated  surplus  of  the  general  fund. 

Division  of  mental  health: 
Office  of  director: 

Salary  of  director  $15,738 

Salary  of  coordinator  of  community 
mental  health  services,  research 
and  educationf  9,145 

Current  expenses  600 

Travel  1,500 

Other  expenditures: 

Grants  to  communities  re 

mental  health  services  75,000 


Total  $101,983 

•fPending  approval  by  director  of  personnel  after  establishment  of 
job  specifications. 

Laconia  state  school: 
Administration: 

Salary  of  superintendent  $13,560 

Salary  of  deputy  superintendent         12,280 
Other  personal  services: 

Permanent  53,741 


Total  $79,581 

Current  expenses  3,535 

Travel  1,175 

Equipment  205 

Total  84,496 


4 

Professional  care  and  tre; 
Personal  services: 
Permanent 
Other 

Chapter 
atment: 

199 

$777,876 
11,300 

Total 
Current  expenses 
Travel 
Equipment 

$789,176 

23,000 

50 

1,830 

Total 

Custodial  care: 
Personal  services: 
Permanent 
Other 

$198,755 
2,500 

Total 
Current  expenses^ 
Travel 
Equipment 

$201,255 

255,000 

100 

500 

[1963 


814,056 


Total  456,855 

Jin  this  appropriation  $90,000  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. 

Operation  of  plant: 
Personal  services: 

Permanent  $49,940 

Other  284 


Total  $50,224 

Current  expensesf  81,000 

Equipment  2,580 


Total  133,804 

fin  this  appropriation  $3,000  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 
$3,000. 


1963]  Chapter  199  315 

Maintenance  of  plant: 
Personal  services: 

Permanent  $39,078 

Current  expenses*  29,000 

Equipment  1,I115 

Other  expenditures: 

Materials  for  certain  maintenance 

projects  6,550 


Total**  75,743 

*In  this  appropriation  $12,000  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  $12,000.  No 
part  of  this  appropriation  shall  be  transferred  to  any  other  appropriation 
or  expended  for  any  other  purpose. 

**Within  this  amount  there  is  appropriated  a  sum  of  $14,377  for 
additional  personal  services  and  other  expenditures,  as  follows:  $3,828 
for  1  additional  Painter  I,  $3,999  for  1  Carpenter,  and  $6,550  for  other 
expenditures,  materials  for  certain  maintenance  projects,  to  permit  the 
institution  to  accomplish  certain  maintenance  projects  deleted  from  the 
recommended  capital  budget,  deferred  maintenance. 

Agriculture: 

Personal  services: 

Permanent  $61,824 

Other  2,650 


Total  $64,474 

Current  expenses  45,025 

Travel  50 

Equipment  3,800 


Total  $113,349 

Less  credit  transfers  105,000 

Less  estimated  revenue  7,500 


Net  appropriation  849 

Training  and  education: 

Personal  services: 

Permanent  $182,822 

Other  7,000 


Total  $189,822 

Current  expenses  7,850 

Travel  163 


316                                              Chapter  199 

[1963 

Equipment 

2,500 

Total 

200,335 

Total  for  Laconia  state  school 

$1,766,138 

Less  refunds  (maintenance) 

13,000 

Net  appropriation 

$1,753,1138 

State  hospital: 

Administration: 

Salary  of  superintendent 

$14,730 

Salary  of  assistant  superintendent 

12,061 

Other  personal  services: 

Permanent 

111,615 

Other 

1,000 

Total 

$139,406 

Current  expenses 

45,000+ 

Travel 

660 

Equipment 

550 

Total  $185,616 

Jin  this  appropriation  $20,000  shall  be  for  research  only  and  no 
part  of  this  amount  shall  be  used  for  any  other  purpose  and  no  transfer 
shall  be  made  therefrom. 

Professional  care  and  treatment: 

Salary  of  director  of  psychiatric  education 

and  research  J  $12,280 

Salaries  of  two  directors  of  clinical  services  24,377 

Salary  of  director  of  out-patient  services  12,220 

Salary  of  director  of  clinical  and 

surgical  services**  13,345 

Other  personal  services: 

Permanentf  2,647,653 

Other  100,000 


Total  $2,809,875 
Current  expenses  114,000*f 

Travel  3,500 

Equipment  4,200 


Total  2,931,575 

JThe  appropriation  for  the  state  hospital  includes  funds  for  mainte- 
nance for  certain  positions,  one  of  which  is  the  director  of  psychiatric  edu- 


1963]  Chapter  199  317 

cation  and  research.  In  lieu  of  maintenance,  notwithstanding  any  other 
provision  of  law,  the  sum  of  $2,500  shall  be  paid  to  said  director,  G.  Don- 
ald Niswander,  from  any  funds  appropriated  for  current  expenses  within 
said  appropriation  for  the  state  hospital. 

**Notwithstanding  any  other  provision  of  law,  a  position  of  director 
of  clinical  and  surgical  services  is  provided  herewith. 

■j-Five  new  positions  of  senior  psychiatrist,  salary  not  to  exceed  $11,- 
764,  each  together  with  maintenance  not  to  exceed  $2,500  each,  are  hereby 
authorized  under  the  following  provisions.  Salaries  for  said  positions 
shall  be  found  within  the  appropriations  made  herein  of  $2,647,653  for 
other  personal  services:  permanent,  for  professional  care  and  treatment 
and  of  $637,182  for  personal  services;  permanent,  for  custodial  care.  Main- 
tenance for  said  positions  shall  likewise  be  found  within  the  appropria- 
tions made  herein  of  $114,000  for  current  expenses  for  professional  care 
and  treatment  and  of  $665,000  for  current  expenses  for  custodial  care. 
Any  funds  lapsed  under  the  provisions  of  RSA  99:4  (supp)  to  the  salary 
adjustment  fund  from  permanent  personal  services  for  professional  care 
and  treatment  and  from  permanent  personal  services  for  custodial  care,  or 
so  much  thereof  as  may  be  necessary,  shall  be  returned  to  permanent  per- 
sonal services  for  professional  care  and  treatment  to  cover  the  salaries  of 
the  above  positions  authorized. 


*In  this  appropriation  $80,000  shall  be  for  drugs, 

Custodial  care: 
Personal  services: 
Permanent 
Other 

$637,182 
20,000 

Total 
Current  expenses:|: 
Equipment 

$657,182 

665,000 

20,000 

Total  1,342,182 

Xln  this  appropriation  $138,500  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  $138,500. 

Operation  of  plant: 
Personal  services: 

Permanent  $206,212 

Other  10,000 


Total  $216,212 

Current  expenses  250,000 


Chapter 

199 

Travel 

78 

Equipment 

7,500 

Total 

aintenance  of  plant: 

Personal  services: 

Permanent 

$231,542 

Other 

350 

[1963 


473,790 


Total 
Current  expenses 
Equipment 
Other  expenditures: 

Materials  for  certain  maintenance  projects 

$231,892 

45,000 

1,200 

11,400 

Total***  289,492 

*** Within  this  amount  there  is  appropriated  a  sum  of  $15,228  to 
provide  for  additional  personal  services  and  other  expenditures,  as  fol- 
lows: $3,828  for  1  additional  Painter  I,  and  $11,400  for  other  expendi- 
tures, materials  for  certain  maintenance  projects,  to  permit  the  institu- 
tion to  accomplish  certain  maintenance  projects  deleted  from  the  recom- 
mended capital  budget,  deferred  maintenance. 

Agriculture: 

Personal  services: 

Permanent  $68,451 

Other  4,000 


Total  $72,451 

Current  expenses  48,500 

Travel  25 

Equipment  6,000 


Total  $126,976 

Less  credit  transfers  138,500 

Less  estimated  revenue  4,200 


Net  reduction  — 15,724 

Diagnostic  laboratory: 
Personal  services: 

Permanent  $23,236 

Current  expenses  750 

Total  23,986 


*63] 

Memorial  unit: 
Personal  services: 
Permanent 
Other 

Chapter 

hospital 
maintenance) 

ion 

199 

319 

$17,066 
200 

Total 
Current  expenses 

$17,266 
6,000 

Total 

23,266 

Total  for  state 
Less  refunds  (: 

$5,254,183 
53,000 

Net  appropriat 

$5,201,183 

Child  guidance  clinics: 
State  funds: 

Personal  services: 

Permanent  $63,494 

Other  11,500 


Total 

$64,994 

Current  expenses 

4,650 

Travel 

500 

Total 

$70,144 

Federal  funds: 

Personal  services: 

Permanent 

$31,153 

Other 

4,500 

Total 

$35,653 

Current  expenses 

1,051 

Travel 

1,000 

Equipment 

350 

Other  expenditures: 

Merit  system 

250 

Retirement  and  oasi 

1,200 

Grants  to  communities 

9,696t 

Consultants 

15,800 

Total* 

$65,000 

Less  estimated  federal  funds* 

65,000 

Net  appropriation 

0 

320  Chapter  199  [1963 

f If  eligible  communities  fail  to  qualify  for  grants  under  this  appro- 
priation, said  appropriation  may  be  spent  for  other  purposes  of  the  child 
guidance  clinics  with  governor  and  council  approval. 

Total  for  child  guidance  clinics  $70,144 

*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

Total  for  division  of  mental  health  $7,126,448 

Total  for  department  of  health  and  welfare  $11,816,095 


For  barbers'  board: 

Personal  services: 

Other 

$1,100 

Current  expenses 

850 

Travel 

11,100 

Other  expenditures: 

Transfer  to  division  of  public  health  services 

for  salary  of  clerk  IV  and  temporary  clerk 

typist  I 

2,151 

Total 

$5,201 

For  cancer  commission: 

State  funds: 

Personal  services: 

Permanent 

$10,262 

Other 

26,250 

Total 

$36,512 

Current  expenses 

141,895 

Travel 

1,300 

Equipment 

480 

Total 

$180,180 

Federal  funds: 

Personal  services: 

Permanent 

$8,179 

Other  expenditures: 

Cancer  registrations 

16,000 

Other  cancer  control  activities 

821 

Total* 

$25,000 

Less  estimated  revenue* 

25,000 

Net  appropriation 

0 

1963]  Chapter  199  321 

Total  for  cancer  commission  $180,187 

Less  estimated  revenue  32,000f 


Net  appropriation  $148,187 


*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. 

f  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  $225 

Current  expenses  55 

Travel  25 


Total*  $305 

Less  revenue  and  balance  305 


Net  appropriation 


*This  amount  available  for  expenditure  only  if  funds  are  available 
from  revenue  and  balance. 

For  dental  board:f 
Personal  services: 

Other  $850 

Current  expenses  500 

Travel  975 


Total  $2,325 

Less  revenue  and  balance  2,325 


Net  appropriation  0 


fOther  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$1,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 

For  board  of  registration  of  funeral  directors  and  embalmers:f 
Personal  services: 

Other  $1,705 

Current  expenses  531 


322  Chapter  199  [1963 

Travel  I'SOO 

Total  $4,036 
Less  revenue  and  balance  4,036 


Net  appropriation  0 

fOther  provision  of  law  notwithstanding,  any  balance  in  excess  of 
$2,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 

For  board  of  hairdressers: 
Personal  services: 

Other  $2,000 

Current  expenses  1,345 

Travel  2,500 

Equipment  25 

Other  expenditures: 

Transfer  to  division  of  public  health 
services  for  salary  of  clerk  IV  and 
temporary  clerk  typist  2  4,149 

Total  $10,019 


For  board  of  registration  in  medicine: 

Personal  services: 

Other  $1,520 

Current  expenses  1,350 

Travel  465 


Total  $3,335 


For  pharmacy  commission: 

Salary  of  inspector  $5,500 
Other  personal  services: 

Other  1,850 

Current  expenses  350 

Travel  2,300 


Total*  $10,000 

Less  estimated  revenue*  10,000 


Net  appropriation  0 

♦Expenditures   from   this  appropriation  shall  be  solely  from,  and 
limited  to,  the  amount  of  revenue  collected  by  the  commission  and  shall 


1963]  Chapter  199  323 

not  be  in  excess  of  this  amount.  Any  unexpended  balance  in  the  phar- 
macy fund  as  established  by  RSA  318  as  amended  by  chapter  83,  Laws  of 
1963,  shall  not  lapse. 

For  veterans  council: 
Personal  services: 

Permanent  $14,045 

Current  expenses  894 

Travel  11,650 

Other  expenditures: 

Veterans'  burials  4,500 


Total  for  veterans'  council  $21,089 

Less  estimated  refunds  1,000 


Net  appropriation  $20,089 


For  insurance  department: 
Office  of  the  commissioner: 
Salary  of  commissioner  $11,127 

Salary  of  deputy  commissioner  9,776 

Other  personal  services: 

Permanent  49,395 


Total  $70,298 

Current  expenses  6,420 

Travel  1,300 


Total  $78,018 

Rating  division: 
Personal  services: 

Permanent  $14,639 

Other:  insurance  actuaryf  5,000 


Total  $19,639 

Current  expenses  1,325 

Travel  300 


Total  21,264 

fThe  funds  in  this  appropriation  shall  be  for  the  employment  of 
necessary  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  $3,994 


324                                               Chapter 

199 

[1963 

Current  expenses 

:nt 

1,375 

Total 

5,369 

Total  for  insurance  departme 

$104,651 

Less  estimated  revenue 

2,500 

Net  appropriation 

$102,151 

For  department  of  labor: 

Office  of  commissioner: 

Salary  of  commissioner 

$9,(139 

Salary  of  deputy  commissioner 

7,874 

Other  personal  services: 

Permanent 

10,001 

Other 

740 

Total 

$27,754 

Current  expenses 

ll,490t 

Travel 

1,870 

Equipment 

4,875 

Total  '  $45,989 

fin   this  appropriation  $8,940  shall  be  for  equipment  rental  only 
and  no  transfer  shall  be  made  therefrom  to  any  other  appropriation. 

Factory  inspection: 
Personal  services: 

Permanent**  $51,155 

Current  expenses  1,840 

Travel  8,800 


Total  61,795 

**Within   this  appropriation  there  shall  be  one  position  of  clerk 
stenographer  III. 

Workmen's  compensation: 
Personal  services: 

Permanentft  $34,471 

Current  expenses  3,735 

Equipment  450 


Total  38,656 

ffWithin   this  appropriation  there  shall  be  one  position  of  clerk 
steno.  Ill  and  one  position  of  clerk  typist  II. 


1963]  Chapter  199  325 

New  Hampshire  apprenticeship  coimcih 
Other  expenditures: 

Apprenticeship  council  500 


Total  for  department  of  labor  $146,940 

Less  transfer  from  second  injury  fund  42,500f 


Net  appropriation  $104,440 

fNotwitlistanding  any  other  provision  of  la^v,  the  commissioner  of 
labor  is  hereby  directed  to  transfer  from  the  balance  in  the  second  injury 
fund,  established  under  the  provisions  of  RSA  281:48,  to  the  general 
funds  of  the  state  the  sum  of  forty  two  thousand  five  hundred  dollars.  Said 
sum  shall  be  credited  against  the  appropriation  made  herein  for  the  de- 
partment of  labor. 

For  personnel  department: 
State  funds: 

Salary  of  director  $10,361 

Salary  of  deputy  director  8,951 

Other  personal  services: 

Permanent  70,692 

Other  2,152 


Total  $92,1156 

Current  expenses  2,041 


Total  $94,197 

Federal  funds: 
Personal  services: 

Permanent  $7,112 

Current  expenses  •  1,664 

Travel  1,740 

Equipment  240 

Other  expenditures: 

Oasi  and  retirement  476 

Total*  $11,232 

Less  estimated  revenue*  11,232 


Net  appropriation 


Total  for  personnel  department  $94,197 


*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 


326 


Chapter  199  [1963 


For  resources  and  economic  development: 

Office  of  commissioner: 

Salary  of  commissioner 

$13,692 

Other  personal  services: 

Permanent 

196,979 

Other 

7,000 

Total 

$217,671 

Current  expenses 

40,890* 

Travel 

5,500 

Equipment 

7,500 

Total 

$271,561 

Less  estimated  revenue 

115,443 

Net  appropriation  $256,118 

*In  this  appropriation  $10,390  is  for  maintenance  of  the  resources 
development  division  and  shall  not  be  transferred  or  used  for  any  other 
purpose.  $10,800  shall  be  for  insurance  and  no  other  purpose. 
Division  of  resources  development: 

Administration: 

Salary  of  director  $11,021 

Other  personal  services: 

Permanent  228,982 

Other  35,211* 


Total  $275,214 

Current  expenses  43,407f 

Travel  21,000 

Equipment  16,501 
Other  expenditures: 

State's  share  of  town  training  bills**  3,000 

State's  share  of  town  prevention  bills**  2,200 

Total  $361,322 
Less  revenue — Clarke-McNary  law — 

section  2  80,000tt 

Less  other  revenue  and  balance  34,293f'ff 


Net  appropriation  247,029 

*In  this  appropriation  $20,000  shall  be  for  the  state's  share  for  ten 
county  foresters. 

-j-In  this  appropriation  $15,443  shall  be  for  services  for  plant  main- 
tenance performed  by  the  office  of  the  commissioner  and  shall  not  be 
transferred  or  used  for  any  other  purpose. 


1963]  Chapter  199  327 

**Any  expenses  lawfully  incurred  under  the  provisions  of  RSA 
224:15,  in  excess  of  these  amounts  shall  be  paid  from  funds  in  the  treasury 
not  otherwise  appropriated,  subject  to  prior  approval  by  the  governor 
and  council. 

fflf  the  federal  grant  under  Clarke-McNary  law,  section  2  exceeds 
this  amount,  such  excess  shall  be  expended  for  forest  fire  motor  vehicle 
replacement,  forest  fire  radio  equipment,  and  forest  fire  prevention. 

fffAny  excess  revenue  and  balance  over  this  amount  shall  be  avail- 
able for  such  further  expenditures  as  the  governor  and  council  shall 
approve. 

Caroline  A.  Fox  research  fund: 
Personal  services: 

Permanent  $3,733 

Other  2,550 


Total  $6,283 

Current  expenses  2,940 

Travel  650 

Equipment  200 


Total  $10,073 

Less  revenue  and  balance  J0,073 


Net  appropriation 

Forest  improvement  fund: 
Personal  services: 

Permanent  $31,679 

Other  35,000 


Total 

$66,679 

Current  expenses 

4,530 

Travel 

4,525 

Equipment 

1,700 

Other  expenditures: 

Purchase  of  land  and  interest  in  land* 

10,000 

Silviculture  —  labor 

5,000 

Timber  tax 

1,000 

Total 

$93,434 

Less  revenue  and  balance 

93,434t 

Net  appropriation  0 

*Not  to  be  expended  without  approval  by  the  governor  and  council. 


328  Chapter  199  [1963 

fif  revenue  and  balance  exceeds  this  estimate,  such  excess  may  be 
expended  with  approval  of  the  governor  and  council. 

Total  for  division  of  resources  development  247,029 

Division  of  economic  development: 
Administration: 

Salary  of  director  $11,085 

Other  personal  services: 

Permanentf  184,787 

Other  8,876 


Total  $204,748 

Current  expenses  162,250 

Travel  22,339 

Equipment  1,821 
Other  expenditures: 

Regional  associations*  30,000 

Eastern  states  exposition  8,000 

Boston  office  13,000 

Cleveland  office  6,000 

Montreal  office  10,500 

New  York  office  11,500 

Economic  growth  survey  3,500 
Special  promotion,  planning  and 

advertisingf  75,000 

Total  $548,658 

Less  revenue  3,320 


Net  appropriation  $545,338 

fin  this  appropriation  funds  have  been  included  for  two  additional 
positions  of  industrial  agent,  one  shall  be  assigned  to  the  three  northern 
counties  of  Carroll,  Coos  and  Grafton;  and  one  shall  be  assigned  pri- 
marily for  areas  of  unemployment. 

*This  appropriation  shall  be  administered  by  the  division  of  eco- 
nomic development  for  the  aid  of  the  regional  development  associations. 
Not  more  than  $5,000  may  be  allotted  by  the  director  to  any  one  regional 
association  whose  bounds,  form  of  organization  and  program  shall  have 
first  been  approved  by  the  director.  Any  unexpended  portion  of  this  ap- 
propriation shall  not  be  transferred  to  any  other  state  appropriation,  but 
shall  lapse. 

fNo  expenditure  shall  be  made  from  this  appropriation  without 
prior  approval  by  the  governor  and  council. 


1963]  Chapter  199  329 

Geology  booklets  $1,500 

Less  revenue  and  balance**  1,500 


Net  appropriation  0 

**Any  revenue  and  balance  in  excess  of  this  amount  may  be  ex- 
pended with  approval  of  the  governor  and  council. 

Bulletin  of  vacation  inquiries  $1,300 

Less  revenue  and  balance**  il,300 


Net  appropriation  0 

**Any  revenue  and  balance  in  excess  of  this  amount  may  be  ex- 
pended with  approval  of  the  governor  and  council. 

Urban  planning  assistance: 
Personal  services: 

Other  $134,000 

Current  expenses  11,000 

Travel  8,400 

Other  expenditures  2,000 


Total  $155,400 

Less  revenue  and  balancef  153,400 


Net  appropriation  2,000 

fAny  revenue  and  balance  in  excess  of  this  estimate  shall  be  available 
for  such  further  expenditure  for  said  purposes  as  the  governor  and  council 
shall  approve.  The  state's  share  in  the  above  appropriation  shall  not  ex- 
ceed $2,000. 


Total  for  division  of  economic  development  547,338 

Note:  The  position  of  agricultural  promotion  assistant,  previously 
carried  herein  (salary  $5,964),  has  been  transferred  to  the  department  of 
agriculture. 

Division  of  parks: 
Administration: 

Salary  of  director  $11,201 

Other  personal  services: 

Permanent  21,073 

Other  2,870 


Total  $35,144 

Current  expenses  4,100 

Travel  2,925 

Equipment  1,800 


330  Chapter  199  [1963 

Other  expenditures: 

Park  promotionf  70,000 


Total  113,969 

f  No  expenditure  shall  be  made  from  this  appropriation  without  prior 
approval  of  the  governor  and  council. 

Service  parks: 
Personal  services: 

Permanent  $35,174 

Other  261,628 


Total 

$296,802 

Current  expenses 

85,000 

Travel 

1,200 

Equipment 

18,500 

Total 

Self-supporting  parks: 

Personal  services: 

Permanent 

$312,837 

Other 

196,680 

Total 

$509,517 

Current  expenses 

118,350 

Travel 

1,375 

Equipment 

18,000 

Total 

Bonds  and  interest: 

Recreational  facilities,  laws  of  1953, 

issue  of  1954 

$47,300 

Recreational  facilities,  laws  of  1953, 

issue  of  1956 

15,945 

Recreational  facilities, 

laws  of  1955, 

issue  of  1959 

34,051 

Recreational  facilities, 

laws  of  11957, 

issue  of  1959 

35,482 

Recreational  facilities, 

laws  of  1959, 

issue  of  1961 

11,820 

Recreational  facilities. 

laws  of  1961, 

to  be  issued^ 

364,800 

401,502 


647,242 


Total  509,398 

fNo  part  of  this  appropriation  shall  be  transferred  to  any  other  ac- 
count or  used  for  any  other  purpose. 


1963] 


Chapter  199 


331 


Oasi  and  retirement  $21,600 

Injured  employees  2,500 

Total  for  division  of  parks  $1,696,211 

Less  revenue  and  balance  1,696,211 

Net  appropriation 
New  Hampshire  state  port  authority: 
Personal  services: 

Permanent  $  1 1 ,867 

Other  4,000 

Total  $115,867 

Current  expenses  8,675 

Travel  2,000 

Equipment  325 
Other  expenditures: 

Reimbursement  harbor  master  expenses  1,800 

Total 
Water  resources  board: 

Salary  of  chairman  $10,504 

Other  personal  services: 

Permanent  46,398 

Other  400 

Total  $57,302 

Current  expenses  2,700* 

Travel  4,500 

Other  expenditures: 

Maintenance  of  dams  3,000 

Dams  in  disrepairf  10,000 

Stream  flow  gauging  24,200 

Connecticut  river  valley  flood  control 
commission: 

Per  diem  and  expenses  of  commission  600 

State's  contribution  to  commission  1,250 

Merrimack  valley  flood  control 
commission: 

Per  diem  and  expenses  of  commission  1,000 

State's  contribution  to  commission  4,000 

Survey  and  investigation  re  ground 

water  resources  10,500 

Taxation  re  Pittsburg  and  Clarksville,  as 

provided  by  RSA  481:14  (supplement)  12,500 


28,667 


332  Chapter  199  [1963 

Total  for  water  resources  board  $131,552 
Less  transfer  from  public  works 

and  highways  6,000 

Less  transfer  from  Pittsburg  project  11,181 
Less  transfer  from  Winnipesaukee 

project  5,396 

Less  estimated  revenue  1,835 


Net  appropriation  107,140 

*In  this  appropriation  $500  shall  be  for  printing  of  report  and  shall 
be  used  for  no  other  purpose. 

fExpenditure  of  these  funds  shall  be  subject  to  approval  of  the  gov- 
ernor and  council. 

Total  for  department  of  resources  and 

economic  development  $1,186,292 


For  Hampton  beach  parking  facility: 

Current  expenses  $12,730 

Equipment  7,500 
Other  expenditures: 

Hampton  sea  wall  bonds  60,000 

Interest  on  bonds  20,363 


Total  $100,593 

Less  estimated  revenue  26,000 


Net  appropriation  $74,593 

For  department  of  safety: 
Office  of  commissioner: 

Salary  of  commissioner  $14,710 

Other  personal  services: 


Permanent 

39,730 

Other 

1,500 

Total 

$55,940 

Current  expenses 

7,000 

Travel 

2,200 

Equipment 

250 

Other  expenditures: 

Oasi  and  retirement 

3,550 

Total 

$68,940 

Less  transfer  from  h 

ighway  fund 

66,183 

Net  appropriation  $2,757 


1963] 


Chapter  199 


333 


Division  of  motor  vehicles: 
Administration: 
Salary  of  director 
Personal  services: 
Permanent 
Other 


Total 

Court  returns: 
Personal  services: 

Permanent 
Current  expenses 
Equipment 

Total 


$10,920 

178,245 
36,768 


Total 

$225,933 

Current  expenses 
Travel 

225,803 
805 

Equipment 
Other  expenditures: 
Oasi  and  retirement 

600 
13,200 

Total 

Road  Toll: 

Personal  services: 

Permanent 

$41,802 

Current  expenses 
Travel 

985 
5,975 

Other  expenditures: 
Oasi  and  retirement 

2,975 

$7,105 

285 
285 


Total  for  division  of  motor  vehicles 
Less  transfer  from  highway  fund 

Net  appropriation 
Initial  plate  fund:-|- 

Personal  services: 

Permanent 
Current  expenses 
Other  expenditures: 

Driver  assistance 

Police  training  school 


$466,341 


51,737 


7,675 


$525,753 
525,753 


$3,204 
9,000 

52,250 
4,000 


334  Chapter  199  [1963 

Child  safety  council,  educational  services  2,000 


Total  $70,454 

Less  estimated  revenue  and  balance  70,454 


Net  appropriation  0 

f  Other  provisions  of  law  notwithstanding,  all  expenditures  from  the 
initial  plate  fund  shall  be  subject  to  budgetary  limitations,  and  any  bal- 
ance in  this  fund  at  June  30,  1965  shall  lapse  to  the  highway  fund. 

Division  of  state  police: 
Traffic  bureau: 

Salary  of  director  $11,200 

Other  personal  services: 


Permanent 

763,812 

Other 

5,000 

Total 

$780,012 

Current  expenses 

72,594 

Travel 

133,500 

Equipment 

110,960 

Other  expenditures: 

Training 

6,700 

Oasi 

1,075 

Retirement 

43,140 

Total 

$1,147,981 

Less  estimated  revenue 

44,000 

Less  transfer  from 

turnpikes 

104,346 

Less  transfer  from  highway  fund 

999,635 

Net  appropriation 

Detective  bureau: 
Personal  services:f 

Permanent  $78,233 

Current  expenses  12,593 

Travel  14,000 

Equipment  6,000 

Other  expenditures: 

Retirement  5,984 


Total  $116,810* 

Less  estimated  revenue  2,400 


Net  appropriation  1 1 4,4 1 0 


1963]  Chapter  199  335 

fNo  transfers  of  personnel  shall  be  made  in  or  out  of  the  approved 
number  of  positions  without  the  approval  of  the  commissioner.  No  in- 
crease in  staff  shall  be  made  without  prior  approval  of  the  governor  and 
council  upon  recommendation  by  the  commissioner. 

*No  part  of  this  appropriation  shall  be  transferred  to  any  other  ac- 
count or  expended  for  any  other  purpose. 


Communications: 

Personal  services: 

Permanent 

$43,809 

Current  expenses 

17,650 

Travel 

7,200 

Equipment 

4,000 

Other  expenditures: 

Retirement 

2,335 

Total 

$74,994 

Less  transfer  from  hi 

ghway  fund 

63,745 

Net  appropriation 

$11,249 

Total  for  state  police  125,659 

Division  of  safety  services: 
Administration: 

Salary  of  director  $9,980 

Salary  of  fire  marshal  9,011 

Other  personal  services: 

Permanent  95,915 

Other  67,500 


Total  $182,406 

Current  expenses  62,872 

Travel  31,500 

Equipment  28,260 
Other  expenditures: 

Oasi  7,000 

Retirement  5,500 


Total  for  safety  services  $317,538 

Less  transfer  from  highway  fund  79,385 


Net  appropriation  238,153 


Total  for  department  of  safety  $366,569 


336  Chapter  199 

For  secretary  of  state: 
Office  of  secretary: 

Salary  of  secretary  $10,088 

Salary  of  deputy  secretary  g  886 

Other  personal  services: 

Permanent     ,  3g  '757 


Other 


Less  estimated  revenue 
Net  appropriation 


600 


^      '^ot^l  $58,331 

Current  expenses  5  5QQ 

Travel  500 

Equipment  400 

Other  expenditures: 

Preservation  of  records 


500 


Total 

Elections  division: 
Personal  services: 

^  ^^her  $5  500 

Current  expenses 
Travel 
Other  expenditures: 

Printing  and  binding  40,000 


4,000 
250 


Total 

Photostat  division: 
Personal  services: 

Permanent  $3574 

Other  400 


$4,074 
3,000 


Total 
Current  expenses 

Total 

Commercial  code  division: 
Personal  services: 

Permanent  $3  ggg 

Current  expenses  j  039 


Total 
Trading  stamp  division: 

Other  expenditures:  *450 


450 


[1963 


$65,231 


49,750 


7,074 


4,719 


1963]  Chapter  199  337 

Auctioneers: 

Other  expenditures:  $800 

Less  estimated  revenue  800 

Net  appropriation  0 


Total  for  secretary  of  state  $1126,774 

For  board  of  accountancy:f 
Personal  services: 

Other  $375 

Current  expenses  1,220 

Travel  50 


Total  $1,645 

Less  revenue  and  balance  1,645 


Net  appropriation  0 


fOther  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$2,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 
For  board  of  registration  for  architects:  J 
Personal  services: 

Other  $1,000 

Current  expenses  500 

Travel  525 


Total  $2,025 

Less  revenue  and  balance  2,025 


Net  appropriation  0 


;|;Other  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$2,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 
For  state  athletic  commission:* 
Personal  services: 

Other  $900 

Current  expenses  200 

Travel  650 


Total  $1,750 

Less  revenue  and  balance  1,750 


Net  appropriation 


Chapter  199  [1963 

*Other  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$1,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 

For  board  of  chiropractic  examiners: 
Personal  services: 

Other  $800 

Current  expenses  700 

Travel  900 


Total 

$2,570 

1,550 

800 

$2,400 

)r  board  of  registration  of  professional  engineers:  J 
Personal  services: 

Other 
Current  expenses 
Travel 

Total 

Less  revenue  and  balance 

$4,920 
4,920 

Net  appropriation 

0 

:}:Other  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$2,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  the 
unappropriated  surplus  of  the  general  fund. 
For  board  of  registration  in  optometry: 

Personal  services: 

Other  $500 

Current  expenses  300 

Travel  400 


Total  $1,200 


For  board  of  psychologists:* 

Current  expenses  $100 

Travel  100 


Total  $200 

Less  revenue  and  balance  200 


Net  appropriation  0 


*Other  provisions  of  law  notwithstanding,  any  balance  in  excess  of 
$1,000  at  the  close  of  the  fiscal  year  on  June  30,  1965  shall  lapse  to  unap- 
propriated surplus  of  the  general  fund. 


1963]  Chapter  199  339 

For  state  library: 
Administration: 

Salary  of  librarian  $9,7il5 

Salary  of  assistant  librarian  8,125 

Other  personal  services: 

Permanent  130,134 

Other  9,816t 


Total  $157,790 

Current  expenses  12,300 

Travel  700 

Equipment  23,400 


Total  $194,190 

fin  this  appropriation  $6,578  shall  be  for  salary  of  one  assistant  cata- 
logue librarian  and  one  library  assistant  I  and  shall  not  be  transferred  or 
used  for  any  other  purpose. 

Extension: 

Current  expenses  $8,500 

Travel  2,800 

Equipment  12,725 


Total  24,025 

State  aid: 

Grants-in-aid  to  rural  libraries  2,000 

Federal  aid: 

Personal  services: 

Permanent  $24,389 

Other  4,796 


Total  $29,185 

Current  expenses  6,030 

Travel  1,000 

Equipment  20,941 
Other  expenditures: 

Public  relations  12,000 

Oasi  1,060 

Total*  $70,216 

Less  estimated  revenue*  70,216 


Net  appropriation  0 


*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 

Total  for  state  library  $220,215 


340 


Chapter  199 


[1963 


For  state  treasury: 
Administration: 
Salary  of  treasurer 
Salary  of  deputy  treasurer 
Other  personal  services: 
Permanent 
Other 

Total 
Current  expenses 
Travel 
Equipment 

Total 

Trust  funds: 

Agricultural  college  fund 
Hamilton  Smith  fund 
Benjamin  Thompson  fund 

Total 
Expense  re  head  tax 
Bounties  —  payments  to  cities  and  towns 

::}:This  appropriation  shall  not  lapse. 

Total  for  state  treasury 

Less  transfer  from  highway  fund 

Net  appropriation 

For  industrial  school: 
Administration: 

Salary  of  superintendent 
Salary  of  deputy  superintendent 
Other  personal  services: 
Permanent 

Total 
Current  expenses 
Travel 
Equipment 

Total 

Instruction: 

Personal  services: 
Permanent 


$10,421 
8,891 

81,007 
2,400 

$102,719 

24,478 

600 

2,780 


$4,800 

400 

31,896 


$9,022 
6,748 

19,418 

$35,188 

5,000 

1,000 

500 


$130,577 


37,096 
100 
12,000t 


$179,773 
18,597 

$161,176 


$41,688 


$42,725 


1963]  Chapter  199  341 

Other  3,507 


Total  $46,232 

Current  expenses  1,750 

Equipment  540 


Total  48,522 

Custodial  care:* 
Personal  services: 

Permanent  $270,048 

Other  5,700 


Total  $275,748 

Current  expensesf  J  62,500 

Equipment  2,237 


Total  340,485 

fin  this  appropriation  $21,760  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. 

;|:In  this  appropriation  $2,000  shall  be  for  subsistence  and  support  of 
persons  and  shall  not  be  used  for  any  other  purpose  or  transferred  to  any 
other  account, 

*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 

Operation  of  plant: 
Personal  services: 

Permanent  $17,200 

Current  expenses  38,050 

Equipment  575 

Total  55,825 

Maintenance  of  plant: 
Personal  services: 

Permanent  $27,500 

Other  1,217 

Total  $28,717 


342 

Current  expenses 

Chapter 

Lsfer 
revenue 

199 

9,500 

[1963 

Total 

Agriculture: 

Personal  services: 
Permanent 
Other 

$15,640 
1,150 

38,217 

Total 
Current  expenses 

$16,790 
14,500 

Total 

Less  credit  tran 

Less  estimated 

$31,290 

21,760 

8,000 

Net  appropriation  1,530 

Boys'  and  girls'  benefit  fund: 

Current  expenses  4,600 

Parole: 

Personal  services: 

Permanent  $23,186 

Current  expenses  325 

Travel  2,500 


Total  26,011 


Total  for  industrial  school  $560,378 

Less  refunds  (maintenance)  7,000 


Net  appropriation  $553,378 

For  soldiers  home: 
State  funds: 

Office  of  commandant: 

Salary  of  commandant  $5,995 

Other  personal  services: 

Permanent  4,660 

Other  246 


Total  $10,901 

Custodial  care: 
Personal  services: 

Permanent  $27,368 


1963] 

Other 


Total 
Professional  care  and  treatment: 
Personal  services: 
Permanent 
Other 


Chapter  199 

3,396 

343 

Lent: 

30,764 

$32,684 

2,428 

Total  35,112 

Operation  and  maintenance  of  plant: 
Personal  services: 


Permanent 

$10,957 

Other 

540 

Total 

$11,497 

Current  expenses 

24,845 

Travel 

825 

Equipment 

1,700 

Other  expenditures: 

Repairs  to  buildings  and  grounds  — 

contractual 

8,000 

Total  46,867 


Total  $24,820 

Current  expenses  2,073 

Travel  1,009 

Equipment  450 


Total  for  soldiers  home  $123,644 

Less  refunds  (maintenance)  1,000 

Less  revenue  37,000 


Net  appropriation  $85,644 

For  state  prison: 
Administration: 

Salary  of  warden  $9,618 

Other  personal  services: 

Permanent  14,902 

Other  300 


Total  $28,352 

Instruction: 

Personal  services: 

Permanent  3,60'1 


344  Chapter  199  [1963 

Custodial  care: 

Salary  of  deputy  warden  $6,988 

Other  personal  services: 

Permanent  225,224 

Other  24,250 


Total  $256,462 

Current  expenses^  95,500 

Equipment  825 
Other  expenditures: 

Custody  of  certain  inmates*  3,270 


Total  356,057 

Jin  this  appropriation  $18,000  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. 

*This  appropriation  shall  be  available  for  the  custody  of  unmanage- 
able inmates  in  out-of-state  institutions  or  federal  penitentiaries  when  no 
suitable  institution  exists  in  New  Hampshire.  Any  payments  out  of  the 
appropriation  shall  be  made  with  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  hos- 
pital. No  part  of  this  appropriation  shall  be  transferred  to  any  other  ap- 
propriation or  expended  for  any  other  purpose. 

Auxiliary  to  prison  care  and  custody: 
Personal  services: 

Other  $6,500 

Current  expenses  3,800 

Other  expenditures: 

Awards  —  gate  money  2,000 

Total  12,300 

Operation  of  plant: 
Personal  services: 

Permanent  $24,573 

Other  275 


Total  24,848 

Maintenance  of  plant: 

Current  expenses  10,750 


1963] 


Chapter  199 


345 


Agriculture: 

Personal  services: 
Permanent 
Other 


$11,390 
3,000 


Total 

$14,390 

Current  expenses 

22,500 

Equipment 

3,800 

Other  expenditures: 

Slaughtering,  cutting  and  curing  meat 

950 

Registration  fees 

75 

Total 

$41,715 

Less  credit  transfer 

18,000 

Less  estimated  revenue 

27,000 

Net  reduction 


3,285 


Parole: 

Salary  of  parole  officer 

$7,453 

Other  personal  services: 

Permanent 

18,066 

Other 

600 

Total 

$26,119 

Current  expenses 

1,200 

Travel 

1,700 

Equipment 

1,700 

Total 

30,7(19 

Prison  industries: 

Personal  services: 

Permanent 

$80,947 

Other 

7,500 

Total 

$88,447 

Current  expenses 

202,020 

Travel 

250 

Total 

$290,717 

Less  estimated  revenue  and  credits 

296,000* 

Net  reduction 

—  5,283 

Total  for  state  prison 


$458,059 


346  Chapter  199  [1963 

Less  refunds  (maintenance)  2,243 

Net  appropriation  $455,816 

*Any  revenue  and  credits  in  excess  of  $296,000  shall  be  available  for 
such  further  expenditures  as  the  governor  and  council  shall  approve. 

For  university  of  New  Hampshire: 

University  of  New  Hampshire  fund  $4,266,529 

Extension  work  in  counties  92,400 


Total  $4,358,929 


For  board  of  education: 
Administration: 

Salary  of  commissioner  $14,800 

Salary  of  deputy  commissioner  11,307 

Other  personal  services: 

Permanent  144,234 

Other  1.000 


Total  $171,341 

Current  expenses  18,035 

Travel  10,000 

Equipment  3,295 

Total  $202,671 

Less  estimated  federal  funds  920 


Net  appropriation  $201,751 

Foundation  aid: 

Other  expenditures: 

State  aid  to  school  districts  2,500,000 

Special  aid  to  the  twenty  school  districts  having  lowest 
equalized  valuation  per  pupil: 

iBath  $2,294 

Benton  493 

Candia  7,899 

Chichester  3,982 

Columbia  2,567 

Cornish  6,616 

Dalton  2,876 

Danville  4,287 

Farmington  il  2,873 

Gilsum  16,037 


1963]  Chapter  199  347 


Chapter  199 

Goshen 

1,782 

Grantham 

2,784 

Langdon 

2,374 

Lisbon  —  special 

5,482 

Loudon 

5,792 

Lyman 

1,816 

Stark 

1,678 

Stewartstown 

4,147 

Unity 

5,023 

Woodsville 

11,908 

Total  102,7101 

;j:Payments  authorized  by  this  appropriation  shall  be  made  solely  to 
the  towns  set  forth  herein. 

Unorganized  districts  aid:** 
Other  expenditures: 

Tuition  and  transportation  $100 

Less  estimated  revenue  and  balance  100 


Net  appropriation  0 

**Funds  received  from  assessments  against  unincorporated  places  for 
benefit  of  public  schools  may  be  used  for  tuition  and  transportation  upon 
approval  of  the  governor  and  council. 

School  building  construction: 
Other  expenditures: 

Aid  to  school  districts  for  school 

building  construction;]:  1,315,856 

JThese  funds  shall  not  be  expended  for  any  other  purpose  and  no 
transfers  shall  be  made  therefrom. 

State-wide  supervision: 
Other  expenditures: 

Salaries  and  travel  of  superintendents,  as- 
sistant superintendents  and  teacher  con- 
sultantsf  $788,376 

Superintendents'  conference  2,000 


Total  $790,376 

f The  board  of  education  shall  receive  for  disbursement  sums  paid  by 
school  districts  for  the  additional  salaries  of  superintendents  under  the 
provisions  of  RSAil89:44.  In  the  above  appropriation  $531,320  shall  come 
from  funds  received  under  RSA  189:44  and  the  state's  share  shall  not 
exceed  $257,056. 


348  Chapter  199  [1963 

Smith-Hughes  and  George-Barden: 
Personal  services: 


Permanent 

$67,458 

Other 

100 

Total 

$67,558 

Current  expenses 
Travel 

2,200 
6,250 

Other  expenditures: 
Reimbursements  to 
and  travel  of  tea 

school  districts  (salaries 
chers) 

186,736 

Total+ 

$262,744 

Less  estimated  federal  fundsj  179,485 


Net  appropriation  83,259 

:|:If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Education  of  deaf: 

Current  expenses:f  $294,600 

Travel  400 


Total  295,000 

fThese  funds  shall  be  for  payments  to  schools  for  board,  room  and 
tuition  and  shall  not  be  expended  for  any  other  purpose  and  no  transfer 
shall  be  made  therefrom. 

Intellectually  retarded  children: 
Other  expenditures: 

Payments  to  school  districts  for  tuition  75,000 

School  lunch  program:  state 
Personal  services: 

Permanent  $16,451 

Current  expenses  350 

Travel  1,125 

Equipment  275 

Total  18,201 

School  lunch  and  milk  programs: 
Other  expenditures: 

Reimbursements  to  school  districts  for  —        $315,000 
School  lunches  for  children 
Milk  purchased  for  children  290,000 

TotalJ  $605,000 


1963]  Chapter  199  349 

Less  estimated  federal  funds;];  605,000 


Net  appropriation  0 

;|;If  the  federal  funds  received  for  the  above  programs  are  less  than 
the  amount  of  the  estimate  shown  herein,  the  total  appropriation  shall 
be  reduced  in  like  proportion.  If  the  funds  received  exceed  the  estimate, 
such  excess  may  be  expended  with  approval  of  the  governor  and  council. 

Veterans  educational  services: 
Personal  services: 

Permanent  $3,436 

Current  expenses  300 

Travel  500 


Total*  $4,236 

Less  estimated  federal  funds*  3,936 


Net  appropriation  300 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Fire  service  training:  state 
Other  expenditures: 

For  expenses  authorized  by  RSA  154-A  (supp)  10,000 

Exeter  hospital  school  of  practical  nursing: 
Personal  services: 

Permanent  $24,798 

Other  2,500 


Total 

$27,298 

Current  expenses 

1,750 

Travel 

580 

Equipment 

400 

Total* 

$30,028 

Less  estimated  revenue 

2,912 

Less  estimated  federal  funds* 

14,099 

Net  appropriation  13,017 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Vocational  rehabilitation: 
Personal  services: 

Permanent  $51,692 

Current  expenses  2,750 


350 


Chapter  199  [1963 

Travel  5,000 

Other  expenditures: 

Professional  fees  and  medical  consultants  11,200 

Board,  room  and  hospitalization  40,872 

Artificial  appliances  and  hearing  aids  15,000 

Trainee  equipment  1,661 

Tuition,  tools,  licenses,  initial  stock  45,000 

Client's  travel  1^200 

Retirement,  oasi  and  merit  system  2,200 

Total*  $176,575 

Less  estimated  federal  funds*  115,041 


Net  appropriation  61,534 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

Oasi  disability  determination:  federal 
Personal  services: 

Permanent  $23,922 

Current  expenses  3,250 

Travel  1,200 

Equipment  200 
Other  expenditures: 

Medical  consultants  and  examinations                   25,000 

Client's  travel  '1,600 

Oasi  and  retirement  2,550 


Total*  $57,722 

Less  estimated  federal  funds*  57,722 


Net  appropriation  0 

*This  amount  available  for  expenditure  only  if  funds  are  available 
as  a  federal  grant. 


National  defense  education  act  — 

-title  in: 

Personal  services: 

Permanent 

$30,478 

Current  expenses 

4,382 

Travel 

3,000 

Equipment 

200 

Other  expenditures: 

Curriculum  study 

and  conference 

3,666 

Reimbursements  1 

:o  school 

districts 

250,000 

Total*  $291,726 


1963]  Chapter  199  351 

Less  estimated  federal  funds*  270,863 


Net  appropriation  20,863 

*If  the  federal  grrant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

National  defense  education  act  —  title  V: 
Personal  services: 

Permanent  $7,900 

Current  expenses  1,170 

Travel  980 

Other  expenditures: 

Reimbursements  to  school  districts  42,537 


Total*  $52,587 

Less  estimated  federal  funds*  47,562 


Net  appropriation  5,025 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

National  defense  education  act  —  title  VIH: 

Current  expenses  $400 

Travel  676 

Other  expenditures: 

Purchases  in  behalf  of  schools  of 

technical  training  84,349 


Total*  $85,425 

Less  estimated  federal  funds*  84,887 


Net  appropriation  538 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 

National  defense  education  act  —  title  X: 
Personal  services: 

Permanent  $11,216 

Current  expenses  6,942 

Travel  1,300 


Total*  $19,458 

Less  estimated  federal  funds*  9,729 


Net  appropriation  9,729 

*If  the  federal  grant  is  less  than  the  estimate  shown  herein,  the  total 
appropriation  shall  be  reduced  in  like  proportion. 


352  Chapter  199  [1963 

New  Hampshire  technical  institutes  —  loan  fund  5,000 

Scholarships  —  world  war  orphans 

(as  provided  by  RSA  193:19)  2,700 

Board  of  nursing  education  and  nurse  registration: 
Personal  services: 

Permanent  $20,048 


Other 


600 


Total  $20,648 

Current  expenses  4  555 

Travel  '935 

Equipment  I55O 


Total  $27,848 

Less  revenue  and  balance  27,848 


Net  appropriation 

N.  H.  technical  institute  —  Manchester: 
Personal  services: 

Permanent  $169,815 


^      Total  $178,115 

Current  expenses  5I  340 

Travel  '^^q 

Equipment  8,245 


Total  $238,650 

Less  estimated  revenue: 

Tuition  66,000 

Other  24,000 


Net  appropriation  148,650 

N.  H.  technical  institute  —  Portsmouth: 
Personal  services: 

Permanent  $88396 

O^her  9^4QQ 


Total  $97,796 

Current  expenses  33  90Q 

Travel  500 

Equipment  7445 

Total  $139,641 


1963]  Chapter  199  353 

Less  estimated  revenue: 

Tuition  36,000 

Other  13,600 


Net  appropriation  90,041 

N.  H.  technical  institute  —  Concord* 
Personal  services: 

Permanent  $140,000 

Other  7,500 


Total 

$147,500 

Current  expenses 

48,750 

Travel 

2,500 

Other  expenditures: 

Grants  to  students  for  tuition,  supplies. 

room  and  board** 

10,000 

Contingent  fund*** 

50,000 

Total 

$258,750 

Less  estimated  revenue: 

Tuition 

91,250 

Room  and  board 

90,000 

Other 

27,500 

Total 

$208,750 

Net  appropriation  50,000 

*Expenditure  of  these  funds  shall  be  subject  to  prior  approval  by 
the  governor  and  council. 

**Not  to  be  expended  without  prior  approval  by  the  governor  and 
council. 

***After  all  approved  transfers  have  been  made  from  the  Manchester 
and  Portsmouth  technical  schools,  transfers  may  be  made  from  the  con- 
tingent fund  subject  to  approval  by  the  governor  and  council. 


Keene  teachers  college: 

Administration: 

Salary  of  president 

$11,248 

Other  personal  services: 

Permanent 

40,964 

Other 

3,500 

Total  $55,712 


354 


Chapter 

199 

Current  expenses 

8,000 

Travel 

1,500 

Equipment 

140 

Total 

Instruction: 

Personal  services: 

Permanent 

$516,599 

OtherJ 

79,200 

Total 

$595,799 

Current  expenses 

36,000 

Travel 

8,500 

Equipment 

25,975 

Other  expenditures: 

Teachers  retirement 

6,000 

Library  —  current 

expenses 

3,000 

Scholarshipsf 

33,000 

Matching  loan  funds 

re  national 

defense  education 

act 

5,500 

Memberships 

900 

[1963 


$65,352 


Total  714,674 

•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  received.  The  teachers  college  shall  maintain  at  all  times 
an  accurate  record  and  account  concerning  each  scholarship  granted  until 
the  amount  of  aid  given  has  been  liquidated.  Reimbursement  shall  be 
deposited  as  general  fund  unrestricted  revenue. 

;|:In  this  appropriation  $8,000  shall  be  used  for  student  help  and  no 
other  purpose. 

Custodial  care: 
Personal  services: 

Permanent  $102,283 

Other*  34,850 


Total 
Current  expenses 
Equipment 


$137,133 

106,000 

3,700 


Total  246,833 

*In  this  appropriation  $32,300  shall  be  used  for  student  help  only. 


1963]  Chapter  199  355 

Operation  and  maintenance  of  plant: 
Personal  services: 

Permanent  $59,864 

Otherf  6,000 


Total  $65,864 

Current  expenses  80,000 

Equipment  2,390 


Total  148,254* 

fin  this  appropriation  $2,000  shall  be  used  for  student  help  only. 
*Within  this  amount  there  is  appropriated  a  sum  of  $5,828  to  pro- 
vide for  additional  personal  services  and  other  expenditures  as  follows: 
$3,828  for  1  additional  Painter  I;  $1,000  for  other  personal  services,  tem- 
porary, summer  help;  and  $1,000  for  materials.  This  appropriation  is 
made  to  permit  the  institution  to  accomplish  certain  maintenance  projects 
deleted  from  the  recommended  capital  budget,  deferred  maintenance. 

Amortization  of  investment  in 
Dormitory  (Monadnock  hall) 

Bonds  and  interest  $20,175 

Bookstore  and  snack  bar  3,242 


Total  $23,417 

Less  revenue  23,417 


Net  appropriation 


otal  for  Keene  teachers  colleg 

^e                 $1,175,113 

sss  estimated  revenue: 

Board  and  room 

$375,000 

Practice  schools 

90,000 

Extension  courses 

30,000 

Tuition 

249,100 

Registration 

22,500 

Other  revenue 

13,500 

Total  revenue  $780,100 

Deduct  revenue  applied  against 

amortization  23,417 

756,683 

Net  appropriation  418,430 

Plymouth  teachers  college: 
Administration: 

Salary  of  president  $11, 067 


356 


Chapter 

199 

Other  personal  services 
Permanent 

>'. 

42,142 

Other 

3,000 

Total 

$56,209 

Current  expenses 
Travel 

15,250 
925 

Total 


[1963 


$72,384 


Instruction: 

Personal  services: 

Permanent 

$444,612 

Other* 

61,800 

Total 

$506,412 

Current  expenses 

23,000 

Travel 

6,550 

Equipment 

16,630 

Other  expenditures: 

Teachers  retirement 

6,300 

Libraries  —  current 

expenses 

2,250 

books 

5,250 

Scholarships! 

23,000 

Matching  loan  funds 

re  national 

defense  education 

act 

4,000 

Total 


593,392 


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  received.  The  teachers  college  shall  maintain  at  all  times 
an  accurate  record  and  account  concerning  each  scholarship  granted  until 
the  amount  of  aid  given  has  been  liquidated.  Reimbursement  shall  be 
deposited  as  general  fund  unrestricted  revenue. 

*In  this  appropriation  $5,000  shall  be  for  student  help  only. 


Custodial  care: 
Personal  services: 
Permanent 
Otherf 


$95,948 
26,000 


Total 


$121,948 


1963]  Chapter  199  357 

Current  expenses  131,000 

Total  252,948 

fin  this  appropriation  $21,000  shall  be  for  student  help  only. 

Operation  and  maintenance  of  plant: 
Personal  services: 

Permanent  $64,793 

Other+  7,278 


Total  $72,071 

Current  expenses  77,325 

Equipment  2,600 


Total*  151,996 

Jin  this  appropriation  $3,000  shall  be  for  student  help  only. 

*Within  this  amount  there  is  appropriated  a  sum  of  $6,428  to  pro- 
vide for  additional  personal  services  and  other  expenditures  as  follows: 
$3,828  for  1  additional  Painter  I,  and  $2,600  for  maintenance  materials. 
This  appropriation  is  made  to  permit  the  institution  to  accomplish  certain 
maintenance  projects  deleted  from  the  recommended  capital  budget, 
deferred  maintenance. 

Amortization  of  investment  in  men's  dormitory: 
Bonds  and  interest  $109,694 

Less  revenue  109,694 


Net  appropriation 

ege 

0 

Total  for  Plymouth  teachers  coll 

$1,070,720 

Less  estimated  revenue: 

Board  and  room 

$472,950 

Tuition 

249,100 

Extension  courses 

20,000 

Practice  schools 

86,000 

Registrations 

20,550 

Other  revenue 

4,700 

Total 

$853,300 

Deduct  revenue  applied 

to  amortization 

109,694 

743,606 

Net  appropriation 

- 

327,114 

Total  for  board  of  education 

$6,545,094 

358  Chapter  199  [1963 

Less  estimated  revenue  582,626 


Net  appropriation  $5,962,468 

In  addition  to  the  above  appropriation,  said  department  shall  receive 
for  disbursement  any  actual  excess  over  the  estimate  in  the  income  of  the 
teachers  colleges  facilities  (dormitories,  auditorium  and  gymnasium)  tui- 
tion, 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  $12,000 
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  $6,500  from  the  cafeteria  at  Portsmouth  technical 
institute  shall  be  available  for  further  expenditure  in  connection  with 
the  cafeteria.  No  nursery  school  program  shall  be  allowed  at  either  Keene 
or  Plymouth  teachers  colleges,  and  no  funds  out  of  the  appropriation  or 
any  other  available  funds  shall  be  used  for  this  purpose.  All  teacher  con- 
sultant positions  hereinafter  established  shall  be  only  after  a  majority  of 
the  school  districts  in  the  supervisory  union  representing  not  less  than 
eighty-five  percent  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. 

The  above  appropriations  for  Keene  and  Plymouth  teachers  colleges 
and  the  Manchester  and  Portsmouth  and  New  Hampshire  technical  in- 
stitutes include  the  $200  per  year  temporary  increase  as  provided  by  the 
1961  laws  and  such  temporary  increase  is  hereby  continued  for  the  present 
biennium. 
For  board  of  probation: 

Salary  of  director  $9,361 

Other  personal  services: 

Permanent  192,215 

Other  2,369 


Total  $203,945 

Current  expenses  14,338 

Travel  13,150 

Equipment  920 


Total  for  probation  $232,353 

Less  refund  5,793 


Net  appropriation  $226,560 


1963]  Chapter  199  359 

For  aeronautics  commission: 
Administration: 

Salary  of  director  $8,725 

Other  personal  services: 

Permanent  31,357 


Total  $40,082 

Current  expenses  3,650 

Travel  3,000 


Total  $46,732 

Less  estimated  revenue  4,700 

Less  transfer  from  airways  toll  fund  3,689 


Net  appropriation  $38,343 

Airways  toll  fund:f 

Transfer  to  administration  $3,689 

Other  expenditures: 

Establishment  and  maintenance  of  air  naviga- 
tion facilities  on  the  state  airways  systemj  9,000 


Total  $12,689 

Less  transfer  and  balance  12,689 


Net  appropriation 

Aircraft  operating  fees:f 

Other  expenditures  —  as  provided  by 

1961:261+  $7,000 

Less  estimated  revenue  7,000 


Net  appropriation  0 

fExpenditures  shall  not  exceed  existing  balance  and  revenue. 

JNo  part  of  this  appropriation  shall  be  expended  without  prior  ap- 
proval of  the  governor  and  council. 


Total  for  aeronautics  commission  $38,343 


For  bank  commissioner: 
Administration: 

Salary  of  commissioner  $12,192 

Salary  of  deputy  commissioner  9,715 

Salary  of  assistant  commissioner  8,850 

Other  personal  services: 


560  Chapter  199  [1963 

Permanent  143,680* 

Other  4,817 


Total 

$179,254 

Current  expenses 

24,815 

Travel 

24,800 

Equipment 

3,999 

Other  expenditures: 

Oasi  and  retirement 

12,517 

Total 

$245,385 

Less  revenue^ 

233,193 

Net  appropriation  $il2,192 

*In  this  appropriation  $40,345  shall  be  for  five  bank  examiners  III, 
provided  these  positions  were  filled  prior  to  April  1,  1964.  Any  of  these 
positions  which  were  not  so  filled  are  abolished  and  the  funds  appropri- 
ated for  said  positions  shall  not  be  used  for  any  other  purpose. 

JThe  bank  commissioner  shall  collect  in  the  manner  indicated  in 
section  2  of  this  act,  from  the  institutions,  the  condition  and  management 
of  which  he  is  required  to  examine  and  supervise  under  the  provisions  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  June  30, 
1965.  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  1966. 


Special  fund  —  re  small  loan  licenses  and 

motor  vehicle  sales  finance  licenses 

:t 

Personal  services: 

Permanent 

$10,564 

Current  expenses 

820 

Travel 

2,250 

Other  expenditures: 

Oasi  and  retirement 

751 

Total 

$14,385 

Less  revenue 

14,385 

Net  appropriation 

0 

-{-Notwithstanding  any  law  to  the  contrary,  expenditures  from  this 
fund  shall  be  subject  to  budgetary  limitations. 


1963]  Chapter  199  361 

Total  for  bank  commissioner  $12,192 


For  liquor  commission: 
Administration: 

Salaries  of  three  commissioners  $30,724 

Other  personal  services: 

Permanent  241,980 

Other  8,595 


Total  $281,299 

Current  expenses  49,500 

Travel  31,000 

Equipment  350 
Other  expenditures: 

Oasi  and  retirement  19,925 

Total  $382,074 

Stores  operation: 
Personal  services: 

Permanent  $889,771 

Other  57,000 


Total  $946,771 

Current  expenses  341,000 

Travel  10,000 

Equipment  9,575 
Other  expenditures: 

Oasi  and  retirement  70,400 


Total 

1,377,746 

Warehouse: 

Personal  services: 

Permanent 

$106,876 

Other 

5,000 

Total 

$111,876 

Current  expenses 

17,700 

Equipment 

1,500 

Other  expenditures: 

Oasi  and  retirement 

8,200 

Total 

139,276 

Total  for  liquor  commission 

$1,899,096 

362  Chapter  199  [1963 

For  public  utilities  commissionij- 
Office  of  the  Commission: 
Salaries  of  three  commissioners  $34,722 

Other  personal  services: 

Permanent  106,019 

Other  1,925 


Total  $142,666 

Current  expenses  16,500 

Travel  6,750 

Equipment  60 
Other  expenditures: 

Oasi  and  retirement  7,271 


Total  $173,247 

Less  estimated  revenue  il  1,700 


Net  appropriation  $161,547 

fNotwithstanding  any  other  provisions  of  law  to  the  contrary,  the 
amount  of  expenses  ascertained  under  the  provisions  of  RSA  363-A:l 
(supp)  and  the  assessment  thereof  provided  by  RSA  363-A:2  (supp)  shall 
not  exceed  one  hundred  fifty  thousand  dollars.  Other  provisions  of  law 
notwithstanding,  the  balance  at  June  30,  1965  shall  lapse  to  the  unappro- 
priated surplus  of  the  general  fund. 

For  racing  commission: 
Thoroughbred  racing: 

Salaries  of  three  commissioners  $7,236 

Other  personal  services: 

Permanent  23,393 

Other*  31,000 


Total  $61,629 

Current  expenses  4,400 

Travel  5,000 

Equipment  345 


Total  $71,374 

Less  reimbursement  5,674 


Net  appropriation  $65,700 

Harness  racing: 
Personal  services: 

Permanent  $10,777 


1963]  Chapter  199  363 

Other*  84,659 


Total  $95,436 

Current  expenses  3,078 

Travel  11,306 

Equipment  290 

Total  $110,110 

Less  reimbursement  10,674 


Net  appropriation  99,436 

Total  for  racing  commission  $165,136 


*Such  portion  of  this  amount  as  constitutes  the  compensation  of  the 
official  state  steward  or  associate  judge  of  the  state  racing  commission, 
shall  be  reimbursed  to  the  state  by  the  person,  association,  or  corporation 
conducting  the  race  or  meet  and  such  reimbursement  shall  include  the 
employer's  share  of  oasi  taxes. 
For  tax  commission: 

Office  of  commission: 

Salary  of  two  commissioners  $119,251 

Salary  of  secretary  11,893 
Other  personal  services: 

Permanent  77.063 

Other  46,925 


Total  $155,132 

Current  expenses  12,700 

Travel  22,000 

Equipment  8,250 


Total  $198,082 


Less  estimated  revenue  49,309 


Net  appropriation  $148,773 

Municipal  accounting: 
Personal  services: 

Permanent  $62,653 

Other  2,562 


Total  $65,215 

Current  expenses  1,650 


364  Chapter  199  [1963 

Travel  6,010 


Total  $72,875 

Less  estimated  revenue  27,000 


Net  appropriation  45,875 

Intangibles  tax: 
Personal  services: 

Permanent  $23,927 

Other  400 


Total  $24,327 

Current  expenses  3,550 

Travel  625 
Other  expenditures: 

Oasi  and  retirement  1,852 


Total  $30,354 

Less  estimated  revenue  30,354 


Net  appropriation 

Utilities  tax: 

Personal  services: 

Permanent  $3,749 

Current  expenses  100 


Total  $3,849 

Less  estimated  revenue  3,849 


Net  appropriation 

Inheritance  tax: 
Personal  services: 

Permanent  $19,720 

Other  5,500 


Total  $25,220 

Current  expenses  2,400 

Travel  100 


Total  27,720 

Tobacco  products  tax: 
Personal  services: 

Permanent  $32,649 


1963]  Chapter  199  365 

Other  400 


Total  $33,049 

Current  expenses  12,475 

Travel  4,660 

Equipment  300 

Total  50,484 

Reimbursements  to  cities  and  towns  for  flood  control 

purposes,  as  provided  under  RSA  122f  $75,000 

f  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  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  $52,000 

Special  aid  for  heavily  timbered  towns  20,000 


Total  72,000 


Total  for  tax  commission  $419,852 


)r  civil  defense: 

Administration: 

Personal  services: 

Permanent 

$55,377 

Current  expenses 

8,175 

Travel 

650 

Equipment 

5,805 

Other  expenditures: 

Radiological  courses 

and  training 

at  federal  schools 

900 

Total 

$70,907 

Field  staff: 

Current  expenses 

$150 

Travel 

ense* 

3,600 

Total 

3,750 

Total  for  civil  defi 

$74,657 

366  Chapter  199  [1963 

Less  federal  reimbursement*  37,981 


Net  appropriation  $36,676 


*This  amount  available  for  expenditure  only  if  federal  grants  are 
available.  Any  revenue  in  excess  of  the  estimated  federal  grants  shall  be 
available  for  such  further  expenditures  as  the  governor  and  council  shall 
approve.  Any  curtailment  of  civil  defense  activities  caused  by  a  decrease 
in  federal  grants  will  be  implemented  by  a  proportionate  decrease  in  all 
classes  of  expenditures  as  recommended  by  civil  defense  director  and 
approved  by  governor  and  council,  including  any  permanent  personal 
services  formerly  covered  by  federal  funds. 

For  civil  air  patrol  —  current  expense:  $10,500 


For  employees  retirement  system: 

Personal  services: 

Permanent 

$20,590 

Other 

4,750 

Total 

$25,340 

Current  expenses 

2,000 

Travel 

350 

Other  expenditures: 

Normal  contribution  for  gei 

leral  employees 

330,500 

Total 

$358,190 

Less  estimated  revenue 

11,600 

Net  appropriation 

$346,590 

For  firemen's  retirement  system: 

Personal  services: 

Other 

$4,200 

Current  expenses 

170 

Travel 

200 

Other  expenditures: 

Contributions  to  retirement 

fund 

63,430 

Total 

$68,000 

For  policemen's  retirement  system: 
Personal  services: 

Other  $4,800 

Current  expenses  350 

Travel  245 


1963]  Chapter  199  367 

Other  expenditures: 

Contributions  to  retirement  fund  161,939 


Total  $167,334 


For  teachers'  retirement  system: 
Personal  services: 

Permanent  $21,291 

Other  4,000 


Total  $25,291 

Current  expenses  2,000 

Travel  450 
Other  expenditures: 

Normal  contribution  474,431 


Total  $502,172 


For  public  works  division  of  department  of  public  works  and  highways: 
Personal  services: 

Permanent  $79,356 

Current  expenses  16,100 

Travel  7,200 
Other  expenditures: 

Consultants,  temporary,  part  time  35,000 
Administrative  cost  to  dept.  of 

public  works  and  highways  5,000 


Total  $142,656 

Less  estimated  credits  77,800 


Net  appropriation  $64,856 


For  fish  and  game  department: 
Commission: 

Current  expenses  $50 

Travel  1,000 


Total  $1,050 

Administration: 

Salary  of  director  $11,127 

Personal  services: 

Permanent  50,267 


368  Chapter  199  [1963 

Other  1,400 


Total  $62,794 

Current  expenses  35,616 

Travel  563 

Equipment  895 
Other  expenditures: 

Employees'  retirement  34,500 

Oasi  20,300 


Total  154,668 

Conservation  officers: 
Personal  services: 

Permanent  $226,819 

Other  8,560 


Total  $235,379 

Current  Expensesf  29,806 

Travel  60,500 

Equipment  5,810 


Total  331,495 

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. 

Bounties: 

Other  expenditures: 

Bobcat  bounties  2,000 

Damage: 

Personal  services: 

Permanent  $5,667 

Other  1,800 


Total  $7,467 

Current  expenses  4,450 

Travel  500 

Equipment  200 
Other  expenditures: 

Grants  —  damage  by  game  4,000 


Total  16,617 

Education: 

Personal  services: 

Permanent  $20,274 


1963] 


Chapter  199  369 


Other  ^ 

Total  520-"4 

Current  expenses  ;'I»r 

Travel  2.6  5 
Equipment 
other  expenditures: 

Shows  ' 

Total  '''''' 

*In  this  appropriation  $1,000.  shall  be  available  for  expenditure  for 

the  state's  wildlife  exhibit. 

Propagation  of  fish: 
Personal  services: 

Permanent  $250,700 


Other 


Current  expenses 
Travel 


Travel 


1,500 


Total  $252,200 


108,500 
7,150 


Equipment  ^'^^^ 

Other  expenditures: 

Contract  with  U.  N.  H.  I'l^O 

Total  377,500 

Propagation  of  game: 
Personal  services: 

Permanent  .        $18,-59 

Other  I'OOO 

Total  $19'259 

Current  expenses  11,630 


175 


Total  31,064 

Management  and  research: 
Personal  services: 

Permanent  $(127,080 

Other  I'SOO 


Total  $128,580 

Current  expenses  27,500 

Travel  6,825 

Equipment  5,394 


0 

Chapter  199 

Other  expenditures: 
Contract  with  U. 

N. 

H. 

4,500 

Dams 

575 

Total 

Maintenance  and  construction: 

Personal  services: 

Permanent 

$61,809 

Other 

7,000 

Total 

$68,809 

Current  expenses 
Travel 

30,000 
3,500 

Equipment 
Other  expenditures: 
Dams 

1,790 
3,000 

Land  acquisition 

100 

[1963 


173,374 


Total  )107,199 


Total  for  fish  and  game  department  $1,232,591 

Less  revenue  and  balance  1,232,591 


Net  appropriation  0 


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  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  here- 
under may  also  be  expended  under  the  direction  of  the  fish  and  game 
commission  with  the  approval  of  the  governor  and  council. 

For  lobster,  clam  and  oyster  enforcement:f 

Transfers  to  fish  and  game  department  $17,865 

Less  revenue  and  balance  17,865 


Net  appropriation  0 


fNotwithstanding  any  other  provision  of  law  to  the  contrary,  all 
revenue  and  fines  received  from  licenses  issued  for  the  taking  of  lobsters, 
clams  and  oysters  shall  be  kept  in  a  special  account  and  used  for  the  en- 
forcement of  laws  pertaining  to  the  taking  of  said  lobsters,  clams  and 
oysters.  Any  expenditure  or  withdrawal  from  said  special  account  shall 
be  subject  to  budgetary  limitations. 


1963]  Chapter  199  371 

For  public  works  and  highways: 
Administration: 

Salary  of  commissioner  $13,875 

Salary  of  deputy  commissioner  11,953 

Salary  of  assistant  commissioner  11,743 

Other  personal  services: 

Permanent  251,127 

Other  4,300 


Total  $292,998 

Current  expenses  93,031 

Travel  3,750 

Equipment  1,180 

Total  $390,959 

Engineering:^ 
Personal  services: 

Permanentf  $2,474,245 
Other: 

Consultants  590,000 

Temporary  services  317,1129 

Total  $3,381,374 

Current  expenses  166,400 

Travel  209,261 

Equipment  7,800 


Total  3,764,835 

^Notwithstanding  any  other  provision  of  law,  no  classified  engineer- 
ing position  shall  be  downgraded,  unless  it  is  vacant. 

fin  this  appropriation  sufficient  additional  funds  have  been  included 
to  meet  new  federal  requirements  concerning  the  right-of-way  division. 
Positions  in  this  division  included  herein  are  1  right-of-way  engineer, 
1  assistant  right-of-way  engineer,  1  office  engineer,  2  engineers  for  attor- 
ney general,  1  relocation  advisor,  1  abstractor  III,  3  abstractors  II,  1  ab- 
stractor I,  1  reviewing  appraiser,  1  assistant  reviewing  appraiser,  2  ap- 
praisers III,  5  appraisers  II,  1  appraiser  I,  2  negotiators,  1  right-of-way 
agent  III,  3  right-of-way  agents  II,  1  right-of-way  agent  I,  1  clerk-stenog- 
rapher IV,  1  clerk-stenographer  III,  3  clerk-stenographers  II,  1  clerk- 
stenographer  I,  and  1  clerk-typist  I. 

Materials  and  research: 
Personal  services: 

Permanent  $236,241 


372  Chapter  199  [1963 

Other  17,200 


Total  $253,441 

Current  expenses  30,620 

Travel  33,125 

Equipment  1,785 

Total  318,971 

Mechanical: 

Personal  services: 

Permanent  $367,427 

Other  7,700 


Total  $375,127 

Current  expenses  730,000 

Travel  4,000 

Equipment  400,000 


Total  1,509,127 

Planning  and  economics: 
Personal  services: 

Permanent  $213,519 

Other  21,900 


Total  $235,419 

Current  expenses  17,626 

Travel  6,425 

Equipment  4,305 


Total  263,775 

Road  maintenance: 
Personal  services: 

Permanent  $2,946,067 

Other  340,000 


Total  $3,286,067 

Current  expenses  4,900,000 

Travel  1110,000 

Equipment  125,000 


Total  8,421,067 

Bridge  maintenance: 
Personal  services: 

Permanent  $214,395 


1963]  Chapter  199  373 

Other  20,000 


Total  $234,395 

Current  expenses  140,000 

Travel  39,000 

Equipment  6,200 


Total  419,595 

Traffic  (highway  marking  and  roadside  development): 
Personal  services: 

Permanent  $235,538 

Other  21,151 


Total  $256,689 

Current  expenses  287,623 

Travel  57,268 

Equipment  915 


Total  602,495 

Legislative  specials: 

Retirement  $270,119 

Oasi  236,540 

Maintenance  class  V  highways  200,500 

Claims  750 

Roads  to  public  waters  10,000 

Accidents  and  compensation  32,500 

Special  retirement  2,064 

Attorney  general  —  for  legal  services  60,867 
Safety  department  —  for  commissioner  and  di- 
visions of  motor  vehicles,  state  police  and 

safety  services  1,734,701 

State  treasury  —  for  services  18,597 

Water  resources  —  stream  flow  gauging  6,000 


Total  2,572,638 

Debt  service  4,178,975 

Land  and  buildingsf  417,382 

fin  this  appropriation  $125,600  shall  be  for  debt  service  for  new 
office  building  and  for  no  other  purpose. 

Construction  and  reconstruction: 
Matching  funds  (federal  aid): 

Interstate  $12,643,000 

Primary  4,637,000 


374 


Chapter  199  [1963 

Secondary  3,128,000 

Urban  945,000 

Total  —  matching  funds^  21,353,000 

JNo  transfers  shall  be  made  from  this  appropriation. 

State  funds: 

Trunk  line  reconstruction  $100,000 

State  aid  reconstruction  60,000 

State  aid  construction  100,000 

Town  road  aid  1,350,000 

Betterments  1,250,000 

State  aid  bridge  construction  150,000 

Town  road  bridge  75,000 

Federal  land  100,000 

Damage  100,000 

Total  for  construction  3,285,000 


Total  for  public  works  and  highways  $47,497,819 

Less  estimated  revenue  and  balance: 

Available  from  estimated  lapses  $1,014,019 

Gasoline  road  toll  (net)  15,585,000 

Motor  vehicle  fees  gross  8,100,000 

Mechanical  division  (garage)  11,400,000 

Federal  aid  funds  (net)  16,133,300 

Other  revenue  265,500 

Funds  from  issuance  of  bonds  5,000,000 


Total  47,497,819 

Net  appropriation  0 

For  eastern  New  Hampshire  turnpike:  Blue  star  memorial  highway 
(Seabrook-Portsmouth  toll  road): 
Operating: 

Personal  services: 

Permanent  $75,201 

Other  38,000 


Total  $113,201 

Current  expenses  80,629 

Travel  1,500 

Equipment  1,425 

Total  $196,755 


1963]  Chapter  199  375 

Maintenance: 
Personal  services: 

Permanent  $56,538 

Other  4,500 


Total 
Current  expenses 
Travel 
Equipment 

highway 

npike 
tures 

$61,038 

67,397 

1,600 

8,361 

Total 

Debt  service: 
Bonds  maturing 
Interest  on  bonds 

$290,000 
66,240 

138,396 

Total 

$1,260,950 
569,559 

356,240 

Total  for  blue  star  memorial 
Less  estimated  revenue** 
Less  transfer  to  Spaulding  tun 
against  authorized  expendi 

$691,391 
691,391 

Net  appropriation 

Spaulding  turnpike: 
Operating: 

Personal  services: 

Permanent  $75,948 

Other  14,000 


Total  $89,948 

Current  expenses  78,204 

Travel  1,700 

Equipment  1,425 


Total  $62,777 

Current  expenses  61,000 

Travel  1,800 


Total  $171,277 

Maintenance: 
Personal  services: 

Permanent  $59,277 

Other  3,500 


376  Chapter  199  [1963 

Equipment  3,305 


Total 

Debt  service: 
Bonds  maturing 
Interest  on  bonds 

$340,000 
290,500 

128,882 

Total 

$361,100 
569,559 

630,500 

Total  for  Spaulding  Turnpike 
Less  estimated  revenue** 
Less  transfer  from  blue  star 
memorial  highway 

$930,659 
930,659 

Net  appropriation 


Total  for  eastern  New  Hampshire  turnpike*  0 


*In  the  event  revenue  is  insufficient  to  cover  operating,  maintenance 
and  debt  service,  any  deficit  in  debt  service  shall  be  covered  from  the 
highway  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  of  the  eastern  New 
Hampshire  turnpike  in  excess  of  $1,622,050  shall  be  available  for  such 
further  expenditure  as  the  governor  and  council  shall  approve. 
For  central  New  Hampshire  turnpike: 

Operating: 

Personal  services: 

Permanent  $100,152 

Other  16,452 


Total  $116,604 

Current  expenses  115,411 

Travel  2,200 

Equipment  1,425 


Total  $235,640 

Maintenance: 
Personal  services: 

Permanent  $112,473 

Other  6,000 


Total  $118,473 

Current  expenses  226,010 


>63] 

Travel 
Equipment 

Chapter 

199 

3,000 
18,144 

377 

Total 

Debt  service: 
Bonds  maturing 
Interest  on  bonds 

$565,000 
365,713 

365,627 

Total 

930,713 

Total  for  central  New  Hampshire  turnpike  $1,531,980 

Less  estimated  revenue  $1,403,400 

Less  transfer  from  central  New  Hamp- 
shire turnpike  sinking  fund  128,580 

^1,531,980** 


Net  appropriation*  0 


*In  the  event  revenue  is  insufficient  to  cover  operating,  maintenance 
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  expenditure  as  the  gov- 
ernor and  council  shall  approve. 

For  Neil  R.  Underwood  bridge: 
Operation  and  maintenance: 
Personal  services: 

Permanent  $20,454 

Other  23,332 


Total  $43,786 

Current  expenses  $12,300 

Travel  800 

Equipment  2,770 
Other  expenditures: 

Routine  inspection  of  bridge  2,000 

Total  $61,656 

Debt  service: 

Bonds  maturing  $45,000 

Interest  on  bonds  3,060 

Total  48,060 


378  Chapter  199  [1963 

Total  for  Neil  R.  Underwood  bridge  $109,716 

Less  estimated  revenue  109,716 


Net  appropriation  0 

Total  net  appropriation  for  the  fiscal  year 

ending  June  30,  1965  $33,172,165 

199:2    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  within  thirty  days  after  receipt  by  it  of  notice  of  such  cost. 

II.  The  balance  of  the  sum  to  be  collected  by  the  bank  commissioner 
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  proportion  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. 

199:3  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  un- 
der the  direction  of  the  commissioner  of  public  works  and  highways. 

199:4  Form;  Proceeds  of  Sale.  The  governor  and  council  shall  deter- 
mine the  form  of  such  bonds  or  notes,  their  rate  of  interest,  the  dates 
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  under  the 
direction  of  the  governor  and  council.  The  governor  is  authorized  to 


1963]  Chapter  199  379 

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. 

199:5  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. 

199:6  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,  how- 
ever, that  at  no  time  shall  the  indebtedness  of  the  state  on  such  short-term 
notes  exceed  the  sum  of  five  million  dollars. 

199:7  Continuing  Appropriation.  The  monies  provided  in  section 
3  hereof  shall  be  a  continuing  appropriation  and  shall  not  lapse. 

199:8  Interim  Employment.  In  addition  to  any  sum  hereinabove 
appropriated  for  the  office  of  the  secretary  of  state  there  is  hereby  appro- 
priated $2,990.00  for  the  employment  of  Benjamin  F.  Greer,  clerk  of  the 
senate,  during  the  period  from  July  1,  il964  to  December  31,  1964  at  the 
rate  of  $230.00  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  sum  hereby  appropriated  shall  be  a  charge  on 
the  legislative  appropriation. 

199:9  Assistants  for  Analyst.  The  research  analyst  to  the  senate 
finance  committee  established  by  RSA  14:40  may  hire  assistants  as  re- 
quired within  the  limits  of  the  appropriation  and  balance  available. 

199:10  Senate  Counsel.  Amend  RSA  14:19-a  (supp)  as  inserted  by 
1961,  280  by  striking  out  the  same  and  inserting  in  place  thereof  the  fol- 
lowing: 14:19-a  Senate  Counsel.  The  senate  counsel,  who  acts  as  the 
senate  assistant  clerk,  shall  receive  a  salary  of  two  hundred  thirty  dollars 
and  seventy-seven  cents  per  week.  Said  counsel  may  be  employed  by  the 
president  of  the  senate  beginning  the  first  Monday  following  the  bien- 
nial election  day  as  said  counsel  to  assist  the  senators-elect  prior  to  the 
next  session  of  the  general  court.  His  salary  for  said  period  shall  be  two 
hundred  thirty  dollars  and  seventy-seven  cents  each  week.  Said  counsel 
shall  be  allowed  the  sum  of  six  hundred  fifty  dollars  for  his  other  expendi- 
tures, including  clerical  assistance,  during  said  period  prior  to  the  session. 
The  salaries  and  expenses  provided  herein  shall  be  a  charge  against  the 
legislative  appropriation. 


380  Chapter  200  [1963 

199:11  Special  Committee.  Notwithstanding  any  other  provision  of 
law,  there  is  hereby  established  a  committee  consisting  of  the  governor, 
one  member  to  be  appointed  by  the  president  of  the  senate  and  one  mem- 
ber to  be  appointed  by  the  speaker  of  the  house,  whose  duty  it  shall  be  to 
assign  rooms  on  the  third  floor  of  the  state  house. 

199:12  Travel  Allowances  and  Other  Expenses.  Notwithstanding 
other  provision  of  law,  a  member  of  the  general  court,  when  engaged  in 
official  business  on  behalf  of  the  legislature  other  than  at  Concord,  and 
whether  or  not  the  legislature  is  then  in  session,  shall  be  reimbursed  for 
travel  and  expenses  incident  to  such  business  at  the  same  rates  as  would 
be  allowed  a  state  employee  having  his  headquarters  in  the  city  or  town 
of  the  residence  of  such  member,  provided  that  such  travel  be  authorized 
by  the  president  of  the  senate,  with  the  approval  of  the  chairman  of  the 
senate  finance  committee,  or  by  the  speaker  of  the  house  with  the  ap- 
proval of  the  chairman  of  the  house  appropriations  committee.  Authority 
is  also  granted  hereby  to  the  president  of  the  senate  with  the  approval  of 
the  chairman  of  the  senate  finance  committee,  and  to  the  speaker  of  the 
house  with  the  approval  of  the  chairman  of  the  house  appropriations  com- 
mittee, to  cause  payment  of  expenses  incidental  to  the  operation  and  busi- 
ness of  the  legislature  while  the  legislature  is  in  recess,  except  such  ex- 
penses as  are  otherwise  by  law  provided  for.  Any  and  all  expenditures 
under  this  section  shall  not  exceed  $10,000  and  shall  be  chargeable  against 
the  legislative  appropriation.  In  the  event  of  a  vacancy  in  the  office  of 
president  of  the  senate  or  of  speaker  of  the  house  during  the  recess  of  the 
legislature,  the  chairman  of  the  senate  finance  committee  or  the  chairman 
of  the  house  appropriations  committee  respectively,  shall  have  and  exer- 
cise the  authority  conferred  upon  the  president  and  the  speaker  by  this 
section. 

199:13   Takes  Effect.   This  act  shall  take  effect  July  1,  1964. 
[Approved  July  1,  1963.] 
[Effective  date  July  1,  1964.] 


CHAPTER  200. 

AN  ACT  PRESCRIBING  STANDARDS  IN  CONNECTION  WITH  SWEEPSTAKES 
RACES  AND  AUTHORIZING  PAYMENT  OF  TAXES  UNDER  PROTEST. 

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

200:1  Sweepstakes  Commission.  Amend  RSA  284:21-i  (supp)  as  in- 
serted by  Laws  of  1963,  52:1  by  adding  at  the  end  thereof  the  following: 

In  establishing  the  money  or  prizes  to  be  awarded  the  holders  of  win- 
ning tickets  and  the  purses  for  the  horses,  the  sweepstakes  commission 
shall  be  governed  by  the  fact  that  the  primary  purpose  of  the  sweepstakes 


1963]  Chapter  200  381 

is  to  raise  revenue  for  the  benefit  of  public  education.  They  shall  conduct 
such  studies  and  make  such  investigation,  either  directly  or  through  their 
agents,  as  will  apprise  them  of  the  prizes  and  money  awarded  to  the  hold- 
ers of  Avinning  tickets  in  similar  drawings  wherever  held.  They  shall  con- 
sider the  size  of  purses  for  the  horses  as  bearing  on  the  question  of  gaining 
public  confidence  in  the  sweepstakes  races.  They  shall  fix  the  prizes  and 
amounts  of  money  to  be  awarded  winners  as  well  as  the  purses  for  the 
horses  in  such  manner  as  will  yield  the  largest  net  revenue  for  the  benefit 
of  public  education,  bearing  in  mind  the  expenses  to  be  incurred,  and  all 
other  factors  which  tend  to  influence  net  revenue;  so  that  said  section  as 
amended  shall  read  as  follows: 

284:21-i  Rules  and  Regulations.  The  s^veepstakes  commission  shall 
make  the  rules  and  regulations  for  the  holding  and  conducting  of  such 
sweepstake  races  and  the  sales  of  tickets  thereon  not  inconsistent  with  this 
subdivision  and  shall  be  empowered  to  employ  such  technical  assistants 
and  employees  to  carry  out  the  provisions  of  this  subdivision  as  the  gov- 
ernor and  council  shall  authorize.  Such  assistants  and  employees  shall  re- 
ceive compensation  at  rates  to  be  established  by  the  personnel  commis- 
sion. The  sweepstakes  commission  shall  establish  and  fix  the  purses,  not 
exceeding  in  the  aggregate  for  a  single  calendar  year  the  sum  of  two  hun- 
dred thousand  dollars,  to  be  awarded  horses  in  said  sweepstakes  races; 
shall  establish  the  price,  to  be  not  more  than  three  dollars  each,  for 
which  tickets  upon  said  sweepstakes  shall  be  sold;  shall  establish  the 
method  whereby  tickets  sold  upon  said  sweepstake  races  shall  be  de- 
termined to  be  winning  tickets;  and  shall  establish  the  money  or  prizes  to 
be  awarded  holders  of  winning  tickets.  In  establishing  the  money  or  prizes 
to  be  awarded  the  holders  of  winning  tickets  and  the  purses  for  the 
horses,  the  sweepstakes  commission  shall  be  governed  by  the  fact  that  the 
primary  purpose  of  the  sweepstakes  is  to  raise  revenue  for  the  benefit  of 
public  education.  They  shall  conduct  such  studies  and  make  such  investi- 
gation, either  directly  or  through  their  agents,  as  will  apprise  them  of  the 
prizes  and  money  awarded  to  the  holders  of  winning  tickets  in  similar 
drawings  wherever  held.  They  shall  consider  the  size  of  purses  for  the 
horses  as  bearing  on  the  question  of  gaining  public  confidence  in  the 
sweepstake  races.  They  shall  fix  the  prizes  and  amounts  of  money  to  be 
awarded  winners  as  well  as  the  purses  for  the  horses  in  such  manner  as 
will  yield  the  largest  net  revenue  for  the  benefit  of  public  education, 
bearing  in  mind  the  expenses  to  be  incurred,  and  all  other  factors  which 
tend  to  influence  net  revenue. 

200:2  Amend  RSA  284:21-c  (supp)  as  inserted  by  1963  52:1  by  strik- 
ing out  the  reference  to  92:2  in  the  third  line  and  substituting  93:2,  so 
said  section  shall  read  as  follows: 

284:2 1-c  Bond.  Members  of  the  commission  shall  give  bond  to  the 
state  in  such  amount  as  shall  be  determined  under  the  provisions  of  RSA 
93:2  (supp)  as  amended  by  1957,  296:1. 


382  Chapter  201  [1963 

200:3  Amend  RSA  284:21-h  (supp)  as  inserted  by  1963  52:1  by  striking 
out  the  words  "to  conduct"  in  line  four  of  said  section  and  by  striking  out 
all  after  the  word  "stores"  in  line  nine  of  said  section,  so  that  said  section 
shall  read  as  follows: 

284:21-h  Authorization.  The  sweepstakes  commission  is  hereby 
authorized  to  contract  with  any  licensee  to  conduct,  within  the  enclosure 
of  any  race  track  of  a  licensee  where  there  is  held  a  race  or  race  meet 
licensed  and  conducted  under  this  chapter,  but  not  elsewhere,  not  over 
two  sweepstakes  races  in  each  calendar  year.  Tickets  for  such  sweepstakes 
shall  be  sold  by  the  sweepstakes  commission,  such  sales  to  be  made  only 
within  such  enclosure  and  in  state  liquor  stores.  The  state  liquor  commis- 
sion is  hereby  directed  to  cooperate  with  the  sweepstakes  commission  in 
the  sale  of  tickets  in  state  liquor  stores. 

200:4  Amend  RSA  284  as  inserted  by  1963  52:1  by  inserting  after 
RSA  284:21-1,  the  following  new  sections: 

284:21-m  Special  Taxes.  If  the  governor  and  council  so  authorize, 
the  sweepstakes  commission  may  add  to  the  selling  price  authorized  under 
section  21-i  of  this  subdivision  an  amount  not  in  excess  of  the  amount  of 
any  tax  levied  against  the  proceeds  in  the  hands  of  said  commission,  and 
the  commission  may  pay  such  taxes  out  of  such  proceeds,  but  only  under 
protest.  In  paying  any  such  tax  the  commission  is  instructed  to  assert  with 
its  protest,  in  addition  to  such  other  reasons  as  it  may  deem  appropriate, 
the  contention  of  the  state  of  New  Hampshire  that  taxes  may  not  lawfully 
be  imposed  upon  the  type  of  state  revenue  raising  measures  for  educa- 
tional purposes  as  is  represented  by  the  provisions  of  this  subdivision. 

284:21-n  Constitutionality.  If  any  clause,  sentence,  paragraph  or 
part  of  this  subdivision  shall,  for  any  reason,  be  judged  invalid,  such 
judgment  shall  not  affect,  impair,  or  invalidate  the  remainder  thereof, 
but  shall  be  confined  in  its  operation  to  the  clause,  sentence,  paragraph, 
or  part  thereof  directly  involved  in  the  controversy  in  which  such  judg- 
ment shall  have  been  rendered. 

200:5   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  1,  1963.] 
[Effective  July  1,  1963.] 


CHAPTER  201. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF,  AND  AMOUNT  OF  FEES  TO  BE  COLLECTED 
BY,  THE  REGISTER  OF  DEEDS  FOR  ROCKINGHAM  COUNTY. 

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

201:1    Register  of  Deeds.   Amend  RSA  478  by  inserting  at  the  end 
thereof  the  following  new  subdivision: 


1963]  Chapter  201  383 

Register  for  Rockingham  County 

478:19  Salary.  The  register  of  deeds  for  Rockingham  county  shall 
receive  an  annual  salary  of  eight  thousand  five  hundred  dollars  paid  by 
the  county  of  Rockingham. 

478:20  Fees.  The  said  register  of  deeds  shall  pay  over  monthly  to  the 
county  treasurer  all  fees  received  by  him  as  such  register. 

478:21  Assistants.  The  said  register  of  deeds  is  authorized  to  employ 
such  assistants  as  may  be  required.  The  number  of  such  assistants  and  the 
salaries  to  be  paid  such  assistants  shall  be  determined  by  the  executive 
committee  of  the  county  delegation.  The  salaries  of  such  assistants  and 
any  other  expenses  of  the  office  of  said  register  of  deeds  shall  be  paid  by 
the  county  of  Rockingham. 

201:2  Rockingham  County.  Amend  RSA  478  by  inserting  after  sec- 
tion 17  the  following  new  section:  478:17-a  Fees.  The  register  of  deeds 
for  the  county  of  Rockingham  shall  charge  the  following  fees  for  docu- 
ments recorded  in,  or  services  rendered  by,  his  office; 

I.  For  recording  deeds  and  mortgages  three  dollars  for  each  recorded 
page  plus  two  dollars  for  each  additional  recorded  page,  provided  that  if 
the  deed  or  other  document  contains  the  names  of  more  than  one  grantor 
and  one  grantee  an  additional  fee  of  fifty  cents  shall  be  charged  for  index- 
ing the  names  of  each  additional  grantor  or  grantee. 

II.  For  recording  real  estate  attachment  or  discharge  of  real  estate 
attachment  or  discharge  of  real  estate  mortgage,  two  dollars. 

III.  For  examining  the  records  at  the  request  of  any  person,  one 
dollar  for  each  hour  spent  therein. 

IV.  For  each  transfer  furnished  pursuant  to  sections  14  and  15, 
twenty  cents. 

V.  For  recording  plans,  five  dollars  for  the  first  two  hundred  square 
inches  thereof  with  one  dollar  for  each  additional  one  hundred  square 
inches  or  part  thereof. 

VI.  For  copying  any  document,  one  dollar  per  page. 

201:3  Application  of  Statutes.  The  provisions  of  RSA  478:17  rela- 
tive to  fees  for  register  of  deeds  and  the  provisions  of  RSA  51 1:6  relative  to 
the  amount  of  the  fee  to  be  paid  to  the  register  of  deeds  shall  not  apply  to 
the  register  of  deeds  for  Rockingham  county. 

201:4   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964 
[Approved  July  2,  1963.] 
[Effective  January  il,  1964.] 


384  Chapter  202  [1963 

CHAPTER  202. 

AN  ACT  RELATIVE  TO  GROSS  WEIGHT  OF  CERTAIN  VEHICLES. 

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

202:1  Motor  Vehicles.  Amend  paragraph  VI  of  RSA  263:61  (supp) 
as  amended  by  1955,  230:1  and  310:2  by  striking  out  the  same  and  insert- 
ing in  place  the  following:  VI  Three  axle  vehicles  with  drive  on  two  rear 
axles  and  having  a  gross  weight  of  more  than  55,000  pounds,  or  more 
than  47,500  pounds  while  operating  on  the  interstate  and  defense  high- 
way system. 

202:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  203. 

AN  ACT  RELATIVE  TO  MINIMUM  WAGES. 

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

203:1  Increase  in  Rate.  Amend  RSA  279:21  (supp)  as  amended  by 
1955,  288:1,  1957,  311:il  and  1959,  275:1,  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  279:21  Minimum  Hourly  Rate. 
No  person,  firm  or  corporation  shall  employ  any  employee  at  a  rate  of 
less  than  one  dollar  per  hour,  provided  that  during  the  period  January 
1,  1964  to  December  31,  1964,  both  dates  inclusive,  such  minimum  rate 
shall  be  one  dollar  and  fifteen  cents  per  hour,  and  provided  further  that 
on  and  after  January  1,  1965,  such  minimum  rate  shall  be  one  dollar  and 
twenty-five  cents  per  hour.  The  limitations  imposed  hereby  shall  be  sub- 
ject to  the  following  exceptions. 

I.  These  limitations  shall  not  apply  to  employees  engaged  in  house- 
hold labor,  domestic  labor,  farm  labor,  outside  salesmen,  summer  camps 
for  minors,  restaurants,  hotels,  inns  and  cabins. 

II.  These  limitations  shall  not  apply  to  employees  engaged  as  news- 
boys or  golf  caddies. 

III.  These  limitations  shall  not  apply  to  employees  of  hospitals, 
orphanages,  or  homes  for  the  aged  organized  as  non-profit  corporations, 
except  that  no  non-profit  hospital  corporation  or  non-profit  orphanage, 
or  homes  for  the  aged  shall  employ  a  laundry  employee  or  nurse  aide  or 


1963]  Chapter  204  385 

practical  nurse  at  a  rate  of  less  than  eighty  cents  per  hour;  provided,  that 
on  and  after  January  1,  1964  such  minimum  rate  shall  be  not  less  than 
ninety-five  cents  per  hour, 

IV.  No  person,  firm  or  corporation  shall  employ  any  employee  as 
usher  at  a  theatre  or  pin  boy  at  a  bowling  alley  at  a  rate  of  less  than 
seventy-five  cents  per  hour,  provided  that  on  and  after  January  1,  11964 
such  minimum  rate  shall  be  not  less  than  ninety  cents  per  hour. 

V.  These  limitations  shall  not  apply  to  a  person  with  less  than  six 
months'  experience  in  an  occupation,  or  a  person  eighteen  years  of  age 
or  under,  provided  that  such  person  shall  not  be  paid  less  than  eighty 
cents  per  hour,  and  provided  further  that  on  and  after  January  1,  1964 
such  minimum  rate  shall  be  not  less  than  ninety-five  cents  per  hour. 

203:2  Wage  Board  Appointed.  The  commissioner  of  labor  forth- 
with shall  appoint  a  wage  board  in  conformity  with  RSA  279:5  for  the 
purpose  of  making  a  study  of  the  wages  of  employees  of  restaurants,  hotels, 
inns  and  cabins.  Said  board  shall  serve  without  pay  but  the  sum  of  thirty- 
five  hundred  dollars  is  hereby  appropriated  for  their  necessary  expenses. 
Said  sum  appropriated  shall  be  a  charge  upon  the  general  fund. 

203:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  204. 

AN  ACT  TO  PROVIDE  OR  RETAIN  PUBLIC  ACCESS  TO  RECREATIONAL  BODIES 

OF   WATER. 

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

204:1  Declaration  of  Purpose.  The  purpose  of  this  act  is  to  provide 
that  public  access  to  any  body  of  water  in  the  state  which  has  recreational 
potential  shall  not  be  lost  if  such  access  or  the  land  adjacent  to  any  such 
body  of  water  is  now  held  by  any  state  agency  or  department,  and  to  make 
certain,  as  far  as  possible  and  expedient,  that  public  access  is  acquired  to 
any  such  body  of  water. 

204:2  Rights  of  Way  to  Recreational  Waters.  Amend  RSA  by  insert- 
ing after  chapter  258-A  the  following  new  chapter; 

Chapter  258-B. 

Rights  of  Way  to  Recreational  Waters. 

258-B:  1  Board  Established.  There  is  hereby  established  a  board  to 
be  known  as  the  right-of-way  board  consisting  of  the  director  of  the  divi- 


386  Chapter  205  [1963 

sion  of  parks  of  the  department  of  resources  and  economic  development, 
the  director  of  the  fish  and  game  department,  the  chairman  of  the  water 
resources  board,  and  the  commissioner  of  public  works  and  highways 
whose  duties  and  authority  shall  be  as  hereinafter  provided.  Any  one  of 
the  four  above  named  members  may  designate  a  member  of  his  depart- 
ment to  act  on  said  board  as  his  representative  and  said  designee  shall 
have  the  full  power  and  authority  of  the  member  in  whose  place  he  is 
acting. 

258-B:2  Acquisition  and  Retention.  Any  transaction  by  any  state 
agency  or  department  to  acquire  or  dispose  of  any  land,  real  estate,  or  ease- 
ment which  leads  to  or  is  adjacent  to  any  impoundment  of  water,  stream, 
lake,  pond,  or  any  other  body  of  water  shall  provide  for  the  acquisition  or 
retention  of  a  right  of  way  to  any  such  water  commensurate  with  its  po- 
tential for  boating,  bathing,  fishing,  or  other  recreational  use,  by  the  gov- 
ernor and  council  on  the  recommendation  of  the  board  herein  established. 
All  such  transactions  shall  be  investigated  by  the  board  herein  established 
prior  to  the  consumation  of  same  and  said  board  shall  make  its  recom- 
mendations to  the  governor  and  council  for  the  acquisition  or  not  of 
suitable  rights  of  way.  When  such  rights  of  way  are  deemed  advisable  for 
vehicular  travel,  right  of  way  shall  be  at  least  fifty  feet  wide  with  suitable 
parking  area  included.  Whenever  entry  is  to  be  restricted  to  foot  travel 
said  right  of  way  shall  be  not  less  than  ten  feet  in  width.  This  chapter 
shall  not  apply  to  or  include  any  projects  jointly  sponsored  as  provided 
under  Public  Law  566  as  amended  and  RSA  481:25  or  to  any  land,  real 
estate  or  easement  leading  to  or  adjacent  to  any  project  so  sponsored.  In 
so  far  as  the  provisions  of  this  chapter  are  inconsistent  with  the  provisions 
of  any  other  law,  the  provisions  of  this  chapter  shall  be  controlling. 

204:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  205. 

AN  ACT  RELATIVE  TO  THE  CONSTRUCTION  OF  A  RESIDENCE  HALL  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: 

205:1  Appropriation.  The  sum  of  one  million  five  hundred  and 
sixty  thousand  dollars  is  hereby  appropriated  for  the  purpose  of  con- 
structing, furnishing,  and  equipping  a  residence  hall  at  the  University  of 
New  Hampshire.  All  contracts  for  the  purchase  of  equipment  and  the 


1963]  Chapter  205  387 

construction  of  all  or  any  part  of  said  building  shall  be  let  (^l)  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  news- 
paper 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. 

205:2  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  five  hundred  and  sixty  thou- 
sand dollars. 

205:3  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  five  hundred  and 
sixty  thousand  dollars  for  the  purpose  of  carrying  into  effect  the  pro- 
visions 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  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  de- 
nomination as  the  governor  and  council  shall  determine,  may  be  register- 
able  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  maturity. 
The  state  treasurer  shall  keep  an  account  of  each  bond  showing  the  num- 
ber 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. 

205:4  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  sum  of  one  million  five  hundred  and 
sixty  thousand  dollars. 

205:5  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  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall  draw  his  warrant 


388  Chapter  206  [1963 

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. 

205:6  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  resi- 
dence 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  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. 

205:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  206. 

AN  ACT  RELATIVE  TO  COCKTAIL  LOUNGES  IN  RESTAURANTS. 

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

206:1  Special  License.  Amend  RSA  178  by  inserting  after  section 
3-b  (supp)  as  inserted  by  1957,  47:1,  the  following  new  section:  178:3-c 
Restaurant  Cocktail  Lounges.  The  commission  may  issue  a  special  license 
to  any  first-class  restaurant  holding  a  license  issued  under  section  3-a 
hereof,  to  serve  liquor  and  beverages  in  any  room  of  said  restaurant  desig- 
nated by  the  commission.  Said  room  shall  not  have  an  immediate  entrance 
upon  any  public  way.  Liquor  and  beverages  served  in  such  room  need 
not  be  consumed  with  meals.  The  commission  may  grant,  regulate,  sus- 
pend or  revoke  said  special  license  without  affecting  any  other  license 
and  permit  which  shall  be  granted  to  said  restaurant.  The  fee  for  such 
special  license  shall  be  one  hundred  dollars  a  year. 

206:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2, 11963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  207  389 

CHAPTER  207. 

AN    ACT    PROVIDING    FOR    THE    ACQUISITION    OF    CERTAIN    WATER    RIGHTS    AND 
DAMS  CONTROLLING  THE  HEADWATERS  OF  THE  SALMON  FALLS  RIVER. 

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

207:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  481  the 
following  new  chapter: 

Chapter  481-A  [481-C] 

Salmon  Falls  River  Headwaters 

481-A:  1  [481-C:  1]  Acquisition  Authorized.  For  a  consideration  of 
one  dollar  the  water  resources  board  is  hereby  authorized  to  accept  con- 
veyances from  the  owners  thereof  the  following  described  property  being 
connected  with  the  headwaters  of  Salmon  Falls  river  for  the  purpose  of 
improving  and  controlling  certain  water  rights  for  the  benefit  of  the  state: 

I.  Dam,  water  rights  and  lands  connected  therewith  at  Lovell  Lake 
in  the  town  of  Wakefield. 

II.  Dam,  water  rights  and  land  connected  therewith  at  Great  East 
Pond,  Horn  Pond,  Union  Meadows  Pond,  in  the  town  of  Wakefield. 

III.  Dam,  water  rights  and  lands  connected  therewith  at  Milton 
Three  Ponds  in  the  town  of  Milton  and  Kingswood  Lake  in  the  town  of 
Brookfield  and  Wilsons  Pond  in  the  town  of  Acton,  Maine. 

481-A:2  [481-C:2]  Repairs  and  Improvements.  Said  board  after  said 
acquisition  shall  from  time  to  time  make  repairs  and  modifications  to 
said  dams  so  acquired  or  rebuild  the  same  so  as  to  best  serve  the  interests 
of  this  state. 

481-A:3  [481-C:3]  Tax  Exemption.  The  properties  hereby  author- 
ized to  be  acquired  by  the  water  resources  board  for  the  benefit  of  the 
state  shall  be  exempt  from  taxation  so  long  as  the  said  properties  are  held 
by  the  state. 

207:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  date  August  31,  1963.] 


390  Chapter  209  [1963 

CHAPTER  208. 

AN  ACT  RELATIVE  TO  THE  STATE  SONG. 

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

208:1  State  Song.  Amend  RSA  3  by  inserting  after  section  7  the 
following  new  section:  3:7-a  Second  State  Song.  In  addition  to  the  state 
song  as  provided  by  section  7  the  song  "New  Hampshire,  my  New  Hamp- 
shire" with  music  by  Walter  P.  Smith  and  words  by  Julius  Richelson  shall 
be  the  second  state  song. 

208:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  209. 

AN  ACT  RELATIVE  TO  LEGAL  ASSISTANCE  FOR  LAND  ACQUISITIONS. 

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

209:1  Office  of  Attorney  General.  Amend  RSA  7:16  (supp)  as 
amended  by  1957,  315:1  by  striking  out  the  word  "four"  in  the  second  line 
and  inserting  in  place  thereof  the  word,  six,  so  that  said  section  as  amended 
shall  read  as  follows:  7:16  Assistant  Attorneys  General.  The  attorney- 
general,  subject  to  the  approval  of  the  governor  and  council,  may  appoint 
six  assistant  attorneys-general,  each  of  whom  shall  hold  office  for  a  term  of 
five  years.  Any  vacancy  in  such  office  may  be  filled  for  the  unexpired  term. 
An  assistant  attorney-general  may  be  removed  only  as  provided  by  RSA 
4:1. 

209:2  Compensation.  Amend  RSA  94:1  (supp)  as  amended  by  strik- 
ing out  the  figure  "(4)"  after  the  words  "assistant  attorneys  general:  and 
inserting  in  place  thereof  the  figure  (6). 

209:3  Stenographic  Assistance.  Amend  RSA  7  by  inserting  after  sec- 
tion 14-a  the  following  new  section:  7:14-b  Legal  Stenographers.  In  ad- 
dition to  any  other  clerical  assistants  authorized  for  the  office  of  the  at- 
torney general  the  attorney  general  may  employ  two  legal  stenographers  I. 

209:4  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  1,  1963.] 


1963]  Chapter  211  391 

CHAPTER  210. 

AN  ACT  RELATIVE  TO  PURCHASE  OF  SUPPLIES  BY  THE  DEPARTMENT  OF 
RESOURCES  AND  ECONOMIC  DEVELOPMENT. 

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

210:1  Resources  and  Economic  Development.  Amend  RSA  219:21 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
219:21  Purchases.  The  commissioner  of  resources  and  economic  develop- 
ment may  purchase  such  merchandise  for  resale  and  such  operating  sup- 
plies and  materials  as  may  be  necessary  for  the  operation  of  the  depart- 
ment of  resources  and  economic  development.  Items  for  resale  may  be 
purchased  in  accordance  with  RSA  8:25,  VI.  All  operating  supplies  and 
materials  shall  be  purchased  through  the  director  of  purchase  and  prop- 
erty. Such  purchases  shall  be  a  charge  upon  an  inventory  account  estab- 
lished upon  recommendation  of  the  comptroller  and  approved  by  the 
governor  and  council.  The  commissioner  shall  report  monthly  to  the 
comptroller  the  value  of  issues  out  of  inventory  and  the  appropriation 
account  to  be  charged  therefor.  The  inventory  account  shall  be  credited 
with  issues  out  of  inventory.  Such  purchases  shall  be  a  charge  upon  an 
inventory  account  maintained  in  the  office  of  the  comptroller  and  the 
state  treasurer,  upon  presentation  by  the  comptroller  of  manifests  cover- 
ing such  merchandise,  supplies  and  materials,  is  authorized  to  pay  the 
same  from  any  money  in  the  treasury  not  otherwise  appropriated. 

210:2  Takes  Effect,  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  211. 

AN  ACT  RELATIVE  TO  MARRIAGE  COUNSELING  REFERRAL  SERVICE. 

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

211:1  Marriage  Counseling.  Amend  RSA  167-B:2  (supp)  as  inserted 
by  1961,  276:1,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  167-B:2  Voluntary  Applications.  Any  person  desiring 
marriage  counseling  may  apply  directly  to  an  approved  family  service 
agency  or  may  be  referred  thereto  by  an  authorized  representative  of  the 
commissioner  of  health  and  welfare,  but  all  such  counseling  shall  be  sub- 
ject to  the  approval  of  the  commissioner  who  may  promulgate  such  rules 


392  Chapter  212  [1963 

and  regulations  as  he  may  deem  necessary  for  the  administration  of  the 
provisions  hereof. 

211:2  Family  Service.  Amend  RSA  167-B:3  (supp)  as  inserted  by 
1961,  276:1,  by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  167-B:3  Approved  Agencies.  An  approved  family  service 
agency  within  the  meaning  of  this  chapter  shall  be  those  agencies  ap- 
proved by  the  commissioner  of  health  and  welfare  and  which  are  located 
within  the  jurisdiction  of  the  superior  court  making  the  referral  or  lo- 
cated within  the  county  in  which  the  applicant  for  counseling  resides. 

211:3  Administration.  Amend  paragraph  (c)  of  RSA  167-B:4  (supp) 
as  inserted  by  1961,  276:1,  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  (c)  To  pay,  in  accordance  with  the  terms  of 
this  chapter,  all  invoices  presented  by  participating  family  service  agencies 
for  referrals,  but  only  if  such  invoices  have  been  submitted  in  accordance 
with  procedures  established  by  the  administering  agency. 

211:4  Reimbursement.  Amend  paragraph  (c)  of  RSA  167-B:5  (supp) 
as  inserted  by  1961,  276:1,  by  striking  out  said  paragraph  and  inserting  in 
place  thereof  the  following:  (c)  no  reimbursement  shall  be  made  unless 
the  person  consulting  a  referral  agency  was  referred  by  the  court  or  ap- 
proved by  the  commissioner,  as  provided  herein,  and  no  reimbursement 
shall  be  made  after  four  consultations. 

211:5  Extension  of  Appropriation.  From  the  funds  appropriated  by 
1961,  276:2  to  be  expended  for  the  purposes  of  RSA  167-B,  any  balance 
existing  as  of  December  31,  1964  shall  be  a  continuing  appropriation  and 
shall  not  lapse  provided  that  this  continuing  appropriation  shall  not  ex- 
ceed five  thousand  dollars. 

211:6   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  212. 

AN  ACT  PROVmiNG  FOR  THE  ACQUISITION  OF  A  CERTAIN  DAM  AND  WATER 
RIGHTS  BY  THE  WATER  RESOURCES  BOARD. 

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

212:1   New  Chapter.  Amend  RSA  by  inserting  after  chapter  482  the 
following  new  chapter: 


1963]  Chapter  213  393 

Chapter  482-A 

Acquisition  of  a  Certain  Dam  and  Water  Rights. 

482-A:  1  Acquisition  Authorized.  For  a  consideration  of  one  dollar 
the  New  Hampshire  Water  Resources  Board  is  hereby  authorized  to  ac- 
cept conveyance  from  the  owners  thereof  the  following  described  prop- 
erty for  the  purpose  of  improving  and  controlling  certain  water  rights 
for  the  benefit  of  the  state:  Dam,  water  rights  and  lands  used  in  connection 
with  Mirror  Lake  Dam  on  a  tributary  of  Hubbard  Brook  and  Pemige- 
wasset  River  in  the  town  of  Woodstock  in  Grafton  county. 

482-A:2  Repairs,  etc.  Said  board  after  said  acquisition  shall  from 
time  to  time  make  repairs  and  modifications  to  said  dam  so  acquired  or 
rebuild  as  the  case  may  be  so  as  to  best  serve  the  interests  of  the  state. 

482-A:3  Tax  Exemption.  The  properties  hereby  authorized  to  be 
acquired  by  the  water  resources  board  for  the  benefit  of  the  state  shall  be 
exempt  from  taxation  as  long  as  the  said  properties  are  held  by  the  state. 

212:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  213. 

AN  ACT  RELATING  TO  COMMITMENT  TO  THE  INDUSTRIAL  SCHOOL. 

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

213:1  Exceptions.  Amend  RSA  621:11  (supp)  as  amended  by  1957, 
71:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  follow- 
ing: 621:11  Minors  Under  Eighteen.  Whenever  a  minor  under  the  age 
of  eighteen  years  shall  be  convicted  of  an  offense  punishable  by  imprison- 
ment he  may  be  sentenced  to  the  industrial  school  for  the  term  of  his 
minority,  except  where  said  minor  is  found  guilty  by  the  superior  court 
under  the  provisions  of  RSA  169:21;  provided  that  nothing  shall  prevent 
such  sentence  being  suspended  under  the  provisions  of  any  other  law. 
Pending  final  disposition  of  a  case  by  a  municipal  court  the  minor  may 
be  retained  in  the  custody  of  the  person  in  charge  of  the  minor,  or  in  the 
custody  of  a  probation  officer,  provided  however,  that  if  the  court  places 
such  minor  in  the  custody  of  the  industrial  school,  final  disposition  of  his 
case  shall  be  made  within  thirty  days  of  such  commitment  and  provided 
further,  that  where  the  minor  has  committed  a  felony,  the  municipal 
court  may  commit  said  minor  to  the  custody  of  the  probation  officer  or 


394  Chapter  214  [1963 

require  that  sureties  be  furnished  for  his  appearance  before  the  superior 
court,  or  in  default  thereof  be  committed  to  the  industrial  school  to 
await  disposition  of  the  case  by  said  superior  court. 

213:2  Non-payment  of  Fine.  Amend  RSA  618:6  by  adding  at  the 
end  thereof  the  words,  this  section  shall  not  be  construed  as  authorizing 
the  confinement  of  any  juvenile  under  the  age  of  eighteen  years  in  a 
house  of  correction  or  jail  for  the  non-payment  of  a  fine,  so  that  said  sec- 
tion as  amended  shall  read  as  follows:  618:6  Place  of  Committal.  Any 
person  sentenced  to  pay  a  fine  shall  be  ordered  to  be  imprisoned  until 
sentence  is  performed,  or  he  is  otherwise  legally  discharged,  in  the  house 
of  correction  or  jail  of  the  county.  This  section  shall  not  be  construed  as 
authorizing  the  confinement  of  any  juvenile  under  the  age  of  eighteen 
years  in  a  house  of  correction  or  jail  for  the  non-payment  of  a  fine. 

213:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  214. 

AN  ACT  RELATING  TO  ATTACHMENT  LIENS. 

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

214:1  Expiration.  Amend  RSA  511:55  (supp)  as  amended  by  1961, 
100:3,  by  striking  out  the  same  and  inserting  in  place  thereof  the  follow- 
ing: 511:55  Duration.  Real  property  attached  shall  be  holden  until  the 
expiration  of  six  years  and  personal  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  credi- 
tors in  the  order  in  which  their  attachments  were  made. 

214:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  215  395 

CHAPTER  215. 

AN  ACT  RELATIVE  TO  STATE  PARTICIPATION  IN  WATER  POLLUTION  CONTROL 

COSTS. 

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

215:1  Water  Pollution  Control.  Amend  RSA  149-B:1  (supp)  as  in- 
serted by  11959,  267:1  and  amended  by  1961,  55:1  by  striking  out  the 
words  "twenty  per  cent"  in  the  first  sentence  thereof  and  inserting  in  place 
thereof  the  words,  thirty  per  cent,  so  that  said  section  as  amended  shall 
read  as  follows:  149-B:1  State  Contributions.  The  state  of  New  Hamp- 
shire shall,  in  addition  to  the  federal  grant  made  available  under  the  pro- 
visions of  Public  Law  660,  84th  Congress  (subsequent  amendments  there- 
of, or  any  other  federal  legislation),  pay  annually  on  or  before  June  30, 
thirty  per  cent  of  the  yearly  amortization  charges  on  the  original  costs  re- 
sulting from  the  acquisition  and  construction  of  sewage  disposal  facilities 
by  municipalities  (meaning  counties,  cities,  towns  or  village  districts)  for 
the  control  of  water  pollution.  The  word  construction  shall  include  en- 
gineering services,  in  addition  to  the  construction  of  new  sewage  treat- 
ment plants,  pumping  stations  and  intercepting  sewers;  the  altering,  im- 
proving or  adding  to  existing  treatment  plants,  pumping  stations  and  in- 
tercepting sewers;  provided  the  construction  has  been  directed  by  the 
water  pollution  commission,  the  state  department  of  health,  or  consti- 
tutes a  voluntary  undertaking  designed  to  control  or  reduce  pollution  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  (subsequent 
amendments  thereof,  or  any  other  relative  federal  legislation),  excluding 
land  acquisition.  In  computing  said  costs  no  deduction  shall  be  made  for 
federal  grants  therefor. 

215:2  Appropriation.  There  is  hereby  appropriated  for  the  water 
pollution  commission  for  the  purpose  of  carrying  out  the  provisions  of 
section  1  herein  the  sum  of  four  hundred  seventy  six  thousand  dollars  of 
which  sum  three  hundred  thirty  eight  thousand  dollars  shall  be  a  charge 
upon  the  general  fund  of  the  state  and  one  hundred  thirty  eight  thousand 
dollars  shall  be  obtained  as  provided  in  section  3  hereof. 

215:3  Borrowing  Power.  To  provide  funds  in  the  sum  of  one  hun- 
dred thirty  eight  thousand  dollars,  as  appropriated  in  section  2  hereof, 
the  state  treasurer  is  hereby  authorized,  under  the  direction  of  the  gov- 
ernor and  council,  to  borrow  upon  the  credit  of  the  state  a  sum  not  ex- 
ceeding the  said  one  hundred  thirty  eight  thousand  dollars,  and  for  said 
purposes  may  issue  bonds  and  notes  in  the  name  and  on  behalf  of  the 
state  of  New  Hampshire.  The  governor  and  council  shall  determine  the 


396  Chapter  215  [1963 

form  of  such  bonds  or  notes,  their  rate  of  interest,  the  date  when  interest 
shall  be  paid  and  the  time  or  times  of  issue.  Such  bonds  or  notes  shall  be 
signed  by  the  treasmer  and  countersigned  by  the  governor  and  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  State.  Such  bonds  or  notes 
shall  be  paid  within  a  period  of  twenty  years. 

215:4  Payments.  The  payment  of  principal  and  interest  on  the 
bonds  and  notes  issued  under  section  3  hereof  shall  be  made  when  due 
from  the  general  funds  of  the  state. 

215:5  Accounts.  The  secretary  of  state  shall  keep  an  account  of  all 
bonds  or  notes  authorized  hereunder  countersigned  by  the  governor, 
showing  the  number  and  amount  of  each  bond  or  note,  the  time  of 
countersigning,  the  date  of  delivery  to  the  treasurer,  and  the  date  of  ma- 
turity. The  state  treasurer  shall  keep  an  account  of  each  bond  or  note 
showing  the  number  thereof,  the  name  of  the  person  to  whom  sold,  the 
amount  received  for  the  same,  the  date  of  the  sale  and  the  date  of  ma- 
turity. 

215:6  Short  Term  Notes.  Prior  to  the  issuance  of  bonds  or  notes 
hereunder,  the  treasurer,  under  the  direction  of  the  governor  and  coun- 
cil, may  for  purposes  hereof  borrow  money  from  time  to  time  on  short 
term  loans,  which  may  be  refunded  by  the  issuance  of  notes  hereunder, 
provided,  however,  that  at  no  time  shall  the  indebtedness  of  the  state  on 
short  term  loans  exceed  the  sum  of  one  hundred  thirty  eight  thousand 
dollars. 

215:7  Sale  of  Bonds  or  Notes.  All  bonds  or  notes  except  short  term 
loans  issued  under  the  provisions  of  this  act  shall  be  sold  at  public  sealed 
bidding  to  the  highest  bidder  provided,  however,  that  the  governor  and 
council  may  reject  any  or  all  bids  and  may  negotiate  for  said  sale  upon 
terms  which  it  may  deem  most  advantageous  to  the  state. 

215:8  Existing  Disposal  Systems.  Those  municipalities  which  have 
undertaken  construction,  as  defined  in  RSA  149-B:1  since  July  1,  1947, 
are  hereby  declared  entitled  to  payment  retroactively  for  the  additional 
payment  of  ten  percent  authorized  by  the  above  amendment  to  said 
il49-B:l.  Each  municipality  shall  receive  its  total  retroactive  payments  in 
a  lump  sum  payment.  Applications  for  payments  under  this  section  shall 
be  made  to  the  water  pollution  commission  in  accordance  with  rules  and 
regulations  of  the  commission  for  such  retroactive  payments. 

215:9  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  216  397 

CHAPTER  216. 

AN  ACT  RELATIVE  TO  THE  STATE  BOARD  OF  CONCILIATION  AND 
ARBITRATION. 

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

216:1  Conflict  of  Interests.  Amend  RSA  273  by  inserting  after  sec- 
tion 14  the  following  ne^v  section:  273:14-a  Single  Arbiter.  Where  con- 
flict of  interests  prevents  either  employer  or  labor  representative  from 
serving  on  any  case,  upon  written  agreement  of  the  representatives  of  the 
employer  and  employees  involved  in  the  dispute,  the  chairman  may  act  as 
a  single  arbiter  with  all  powers  of  the  board. 

216:2  Compensation.  Amend  RSA  273:24  (supp)  as  amended  by  1955, 
323:8,  by  striking  out  the  word  "sixteen"  in  the  second  line  and  inserting 
in  place  thereof  the  word,  fifty,  so  that  said  section  as  amended  shall  read 
as  follows:  273:24  Compensation  of  Arbitrators.  Such  arbitrators  shall 
receive  fifty  dollars  a  day  for  each  day  actually  engaged  in  such  arbitration 
and  their  necessary  traveling  expenses,  to  be  paid  upon  vouchers  signed  by 
the  commissioner,  with  the  approval  of  the  governor,  out  of  the  funds 
appropriated  for  the  maintenance  of  the  department  of  labor. 

216:3   Takes  Effect.   This  act  shall  take  effect  on  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  l,il963.] 


CHAPTER  217. 

AN  ACT  RELATIVE  TO  THE  BANK  ADVISORY  BOARD. 

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

217:1  Number  of  Members.  Amend  RSA  383:19  (supp)  as  inserted 
by  1961,  278:1  by  striking  out  the  word  "nine"  in  the  second  line  and 
inserting  in  place  thereof  the  word,  ten,  so  that  said  section  as  amended 
shall  read  as  follows:  383:19  Established.  There  shall  be  an  advisory 
board  consisting  of  ten  members  to  advise  and  consult  with  the  commis- 
sioner from  time  to  time  in  order  to  promote  understanding  and  coopera- 
tion between  the  office  of  the  bank  commissioner  and  the  institutions 
under  his  supervision,  to  provide  for  better  enforcement  and  observation 
of  the  laws  relating  to  banking  and  credit,  and  to  serve  as  a  medium  for 
exchange  of  ideas  for  the  establishment  of  soimd  banking  and  credit 
practices.  The  board  shall  meet  with  the  commissioner  in  his  office  at 
least  once  during  each  calendar  quarter  and  may  be  convened  by  the 


398  Chapter  217  [1963 

chairman  on  such  occasions  as  he  shall  deem  expedient;  provided,  how- 
ever, that  upon  written  request  of  any  two  members  of  the  board  the 
chairman  shall  convene  a  special  meeting  of  the  board  forthwith. 

217:2  Membership  of  Advisory  Board.  Amend  RSA  383:20  (supp) 
as  inserted  by  1961,  278:1,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  383:20  Appointment  and  Term.  The  ad- 
visory board  shall  consist  of  ten  members,  seven  members  to  be  appointed 
by  the  governor  with  the  advice  and  consent  of  the  council  from  nomina- 
tions made  from  each  of  the  following  groups,  namely,  mutual  savings 
banks,  the  trust  companies,  the  guaranty  savings  banks,  the  national 
banks  with  principal  offices  in  New  Hampshire,  cooperative  banks  (in- 
cluding building  and  loan  associations),  consumer  finance  companies 
with  principal  offices  in  New  Hampshire,  and  the  credit  unions,  each  of 
whom  shall  select  a  panel  of  three  persons  representing  its  type  of  institu- 
tion and  from  each  of  the  seven  panels  thus  selected  one  person  shall  be 
appointed  to  the  advisory  board.  The  terms  of  office  of  said  members 
shall  be  for  six  years  each,  except  that  for  the  first  appointments  one 
member  shall  be  appointed  for  a  term  of  one  year,  one  for  a  term  of  two 
years,  one  for  a  term  of  three  years,  one  for  a  term  of  four  years,  one  for  a 
term  of  five  years,  and  two  for  a  term  of  six  years.  In  addition,  the  speaker 
of  the  house  shall  appoint  two  members,  who  shall  be  members  of  the 
house,  and  the  president  of  the  senate  shall  appoint  one  member,  who 
shall  be  a  member  of  the  senate,  said  three  members  shall  serve  for  a  term 
of  four  years  or  until  the  time  they  become  no  longer  a  member  or  elected 
member  of  the  senate  or  house  of  representatives  whichever  is  earlier. 
Each  member  of  the  board  shall  serve  until  his  successor  has  been  ap- 
pointed and  qualified  and  vacancies  shall  be  filled  for  the  unexpired  term 
in  the  same  manner  in  which  the  original  appointments  were  made.  The 
advisory  board  shall  also  act  as  a  committee  to  study  the  banking  laws  and 
make  such  recommendations  as  they  see  fit  to  any  future  session  of  the 
legislature.  The  chairman  shall  be  elected  by  the  board  from  its  members 
annually  at  the  first  regular  quarterly  meeting.  A  vice-chairman  and  clerk 
shall  be  elected  at  the  same  meeting  and  the  clerk  may  be  other  than  a 
member  of  the  board.  Special  meetings  may  be  held  at  different  places 
about  the  state. 

217:3  Time  of  Effectiveness  Relative  to  Terms  of  Office.  Nothing 
contained  in  this  act  shall  be  construed  to  affect  or  change  the  term  of 
office  of  any  of  the  members  of  the  advisory  board  in  office  at  the  time  of 
the  passage  of  this  act. 

217:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  218  399 

CHAPTER  218. 

AN  ACT  RELATIVE  TO  MARKING  FISHING  HOLES  CUT  IN  ICE  ON  GREAT  BAY. 

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

218:1  Ice  Fishing.  Amend  RSA  211  by  inserting  after  section  17-b 
(supp)  as  inserted  by  iI959,  306:3  the  following  new  section:  211:17-c 
Marking  Fishing  Holes  in  Ice  on  Great  Bay.  Whoever  by  himself  or 
others  cuts  a  fishing  hole  larger  than  one  hundred  twelve  square  inches 
in  area  in  the  ice  on  Great  Bay  and  leaves  the  same  unattended,  unless 
covered  by  a  bob  house,  without  first  marking  the  same  with  a  stake  ex- 
tendingj  at  least  eigrhteen  inches  above  the  ice  shall  be  fined  not  more 
than  t^venty-five  dollars. 

218:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  219. 

AN  ACT  RELATIVE  TO  FEES  IN  THE  SUPERIOR  COURT. 

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

219:1  Fees.  Amend  RSA  499:18  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  499:18  Superior  Court.  For  the 
benefit  of  the  county,  the  following  fees  shall  be  paid  to  the  clerk  of  the 
superior  court: 

I.    Civil. 

Writ  entry  $5.00 

Order  of  notice  for  service  in  hand  or  by  publication  5.00 

Each  additional  copy  2.00 

Order  of  notice  on  new  or  additional  attachment  5.00 

Each  additional  copy  2.00 

Executions  1.00 

Writ  of  possession  2.00 

Original  writs  .20 
All  other  orders  of  notice  (copy  for  service 

and  copy  for  return)  5.00 

Each  additional  copy  2.00 

II.    Equity. 

Bills  in  equity  entry  $5.00 

Orders  of  notice,  one  defendant  5.00 

Each  additional  copy  2.00 


400                                               Chapter  219  [1963 

Bills  in  equity  by  publication  entry  5.00 

Citation  for  publication  and  return  5.00 

Each  additional  copy  2.00 

Libels  and  petitions  in  marital  cases  entry  5.00 

Orders  of  notice  for  one  defendant  2.00 

Each  additional  copy  2.00 

Libels  and  petitions  in  marital  cases  by  publication 

entry  5.00 

Citation,  copies  for  service  and  certified  mail  6.00 

Each  additional  copy  2.00 

Temporary  orders  or  injunctions  2.00 

Petitions  for  modification  or  contempt  orders  or  notice     5.00 

Petitions  for  special  meetings  and  temporary 
appointments 

Entry  5.00 

Certified  copy  2.00 

Workmen's  compensation  petitions 

Entry  5.00 
Orders  of  notice  on  defendant,  insurer,  and 

commissioner  5.00 

Petition  for  dissolution  of  corporation  entry  5.00 

Citation  and  copy  to  secretary  of  state  5.00 

Notice  of  liens  or  bonds  entry  5.00 

Copies  by  mail  to  insured  and  insurer  5.00 

Bills  in  equity  vs.  state,  counties,  cities  and  towns  entry     5.00 

Orders  of  notice  for  service  4.00 

Divorce,  legal  separation  and  nullity  certificates  2.00 

Stipulations,  first  page  1.00 

Each  additional  page  .50 

IIL    Miscellaneous. 

All  other  entries  $5.00 
Change  of  venue,  entry  fee  in  county  to  which  case 

is  forwarded  5.00 

Taxation  of  costs  by  clerk  1.00 

Rule  of  reference  1 .00 
Certificates: 

Notary,  sheriff  or  justice  of  the  peace  1.00 

To  probate  court  in  appeal  cases  1.00 

Exemplified  3.00 

Clerk's  certificate  1.00 

Copied  material,  first  page  1.00 

Each  additional  page  ,50 

219:2   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  1,  1963.] 


1963]  Chapter  220  401 

CHAPTER  220. 

AN  ACT  RELATIVE  TO  SAFETY  AND  HEALTH  OF  EMPLOYEES. 

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

220:1  Labor  Commissioner.  Amend  RSA  277:1  (supp)  as  amended 
by  1955,  291:1  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  277:1  Application;  Definition.  This  chapter  shall  apply 
to  factories,  mills,  workshops,  mines,  quarries  of  other  manufacturing, 
commercial,  mercantile  establishments  or  building  and  construction 
occupations  in  which  one  or  more  persons  are  regularly  employed.  The 
term  employer  as  used  herein  shall  include  every  person,  firm,  corpora- 
tion or  association  operating  in  this  state  any  such  establishment.  The 
term  place  of  employment  shall  include  such  places  and  all  buildings, 
sheds,  structures  or  other  places  used  in  connection  therewith.  The  term 
employee  shall  include  every  person  employed  to  work  in  any  such  place 
of  employment. 

220:2  Compliance  with  Chapter.  Amend  RSA  277:13  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following:  277:13 
Inspection.  The  commissioner  of  labor  shall  cause  all  places  of  employ- 
ment subject  to  this  law  to  be  inspected  at  intervals  to  be  determined  by 
him,  for  the  purpose  of  determining  whether  the  provisions  of  this  chap- 
ter have  been  complied  with  and  the  conditions  therein  with  respect  to 
the  safety  and  health  of  the  employees. 

220:3  Public  Hearing.  Amend  RSA  277:16  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  277:16  Standards. 
It  shall  be  the  duty  of  the  commissioner  to  make  and  adopt  such  reason- 
able standards  of  general  application  as  may  be  necessary  to  give  effect 
to  sections  10  and  11  hereof.  Before  adopting  such  standards  the  same 
shall  be  published,  and  notice  shall  be  given  of  a  public  hearing  to  be 
held  by  the  commissioner  at  which  all  persons  in  favor  of  or  opposed  to 
the  standards  contained  in  such  notice  may  be  heard.  Within  ten  days 
after  such  hearing  the  commissioner  shall  approve  or  disapprove  the 
standards.  If  the  standards  are  approved  the  commissioner  shall  cause 
them  to  be  printed  and  distributed  to  all  employers  of  establishments 
subject  to  this  chapter.  If  the  standards  are  disapproved  the  commissioner 
shall  cause  them  to  be  redrafted  and  republished  as  above  provided. 

220:4  Special  Cases.  Amend  RSA  277:il 7  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  277:17  —  Modification. 
Whenever  the  commissioner,  after  any  place  of  employment  subject  to 
this  chapter  shall  have  been  inspected  in  accordance  with  section  13,  shall 
be  of  the  opinion  that  the  special  conditions  in  that  place  of  employment 
render  the  standards  inadequate  or  unreasonable,  as  applied  to  such 
place  of  employment,  he  may,  by  special  oider  applicable  to  that  place, 


402  Chapter  221  [1963 

so  modify  or  extend  the  requirements  of  such  standards  as  to  make  the 
same  adequate  and  reasonable  with  respect  to  such  special  conditions. 

220:5  Safety  and  Health.  Amend  RSA  277:18  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  277:18  Added  Safe- 
guards. Whenever,  after  inspection  as  provided  in  section  13,  the  com- 
missioner shall  be  of  the  opinion  that  compliance  with  the  standards, 
under  the  special  conditions  obtaining  in  any  place  of  employment,  neces- 
sitates the  use  of  any  safeguard,  or  the  doing  of  any  other  act  for  which 
the  standards  adopted  by  him  do  not  provide,  he  shall  have  power,  by 
special  order,  to  require  the  adoption  in  that  place  of  employment  of 
such  particular  safeguards,  safety  devices,  appliances,  lighting  facilities, 
or  other  means  as  may  be  reasonable  and  practicable  for  the  safety  and 
health  of  the  employees. 

220:6  Repeal.  RSA  277:'19,  relative  to  sanitation,  is  hereby  repealed. 

220:7  Inspectors.  Amend  RSA  277:33  (supp)  as  amended  by  1957, 
172:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 277:33  Inspectors.  For  the  purpose  of  inspecting  establishments 
subject  to  this  chapter,  the  commissioner  may  employ  competent  persons 
who  shall  be  known  as  inspectors,  one  of  whom  shall  be  a  woman,  and 
shall  fix  their  compensation  in  accordance  with  the  state  personnel  regu- 
lations and  within  the  limits  of  available  appropriations  and  funds. 

220:8  Assistants.  Amend  RSA  277:34  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  277:34  Assistants.  The 
commissioner,  may  employ  such  other  assistants  and  clerical  employees 
as  may  be  necessary  to  the  proper  discharge  of  his  duties. 

220:9   Takes  Effect.   This  act  shall  take  effect  July  I,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  221. 

AN  ACT  RELATING  TO  COUNSEL  FOR  INDIGENT  CRIMINAL  DEFENDANTS. 

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

221:1  Counsel.  Amend  RSA  604:2  by  striking  out  the  words  "other 
offense,  the  punishment  whereof  may  be  three  years'  imprisonment,"  in 
the  second  and  third  lines  and  inserting  in  place  thereof  the  words,  felony 
as  defined  by  RSA  594:il,  so  that  said  section  as  amended  shall  read  as 
follows:   604:2  Other  Cases.  Any  person  held  for  the  grand  jury  charged 


1963]  Chapter  222  403 

with  the  commission  of  any  felony  as  defined  by  RSA  594:1  shall  be 
entitled  to  have  counsel  assigned  to  him  by  the  court  and  to  such  process 
from  the  court  to  compel  the  attendance  of  witnesses  as  is  usually  granted 
on  behalf  of  the  state  if  the  court  shall  be  of  the  opinion  that  he  is  poor 
and  unable  to  defray  the  expense  of  obtaining  counsel  and  the  attendance 
of  witnesses,  and  that  injustice  may  be  done  if  provision  is  not  made 
therefor  at  the  public  expense. 

221:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  222. 

AN  ACT  RELATING  TO  THE  PRACTICE  OF  CHIROPRACTIC. 

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

222:1  Chiropractic.  Amend  RSA  316:11  by  inserting  after  the  word 
"pathology"  in  third  line  the  words,  chiropractic  X-ray  procedures  and 
analysis,  so  that  said  section  as  amended  shall  read  as  follows:  316:11 
Examinations.  The  board  shall  give  a  written  examination  in  the  follow- 
ing subjects:  Anatomy,  physiology,  symptomatology,  hygiene,  chiropractic 
orthopedy,  histology,  pathology,  chiropractic  X-ray  procedures  and  analy- 
sis, neurology  and  the  principles  of  chiropractic  adjusting  and  nerve 
tracing. 

222:2  Licenses.  Amend  RSA  316:16  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:    316:16   Expiration  of  Licenses. 

All  licenses  and  renewals  issued  under  the  provisions  of  this  chapter  shall 
expire  on  the  first  day  of  July  in  each  even  numbered  year. 

222:3  Fees.  Amend  RSA  316:il7  by  striking  out  the  word  "five"  in 
the  second  line  and  inserting  in  place  thereof  the  word,  ten,  so  that  said 
section  as  amended  shall  read  as  follows:  316:17  Renewals.  Any  person 
holding  a  chiropractor's  license  may  have  the  same  renewed  upon  applica- 
tion and  payment  of  a  fee  of  ten  dollars. 

222:4  Chiropractors.  Amend  RSA  316  by  inserting  after  section  17 
the  following  new  section:  316:17-a  Inactive  List.  A  chiropractor  li- 
censed under  this  chapter,  and  who  is  a  resident  of  this  state,  who  does 
not  intend  to  engage  in  the  practice  of  his  profession,  upon  written  re- 
quest to  the  board  may  have  his  name  transferred  to  an  inactive  list  and 
shall  not  be  required  to  register  biennially  or  pay  any  registration  fee  as 


404  Chapter  223  [1963 

long  as  he  remains  inactive.  Any  chiropractor  whose  name  has  been  in- 
cluded in  the  inactive  list  as  herein  provided  shall  be  restored  to  active 
status  by  the  board  upon  the  filing  of  a  written  request  with  said  board, 
accompanied  by  the  required  registration  fee  for  renewal. 

222:5  Takes  Effect.  This  act  shall  take  effect  as  of  June  1,  1964. 
[Approved  July  2,  1963.] 
[Effective  date  June  1,  1964.] 


CHAPTER  223. 

AN   ACT   PROVIDING   FOR  THE   CONSTRUCTION    OF  A  BRIDGE   PARALLEL  TO  THE 

GENERAL  SULLIVAN   BRIDGE. 

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

223:1  Additional  Bridge.  Amend  RSA  by  inserting  after  chapter 
256  the  following  new  chapter: 

Chapter  256-A 
Eastern  Turnpike  Bridge 

256-A:  1  Authority  Granted.  The  commissioner  of  public  works  and 
highways,  with  the  approval  of  the  governor  and  council,  is  hereby  au- 
thorized to  lay  out  and  construct  a  bridge  and  the  approaches  thereto 
over  Great  Bay  parallel  to,  on  the  downstream  side,  of  the  General  Sulli- 
van bridge.  Except  as  may  be  inconsistent  herewith  and  except  as  herein- 
after otherwise  provided,  said  bridge  shall  be  laid  out,  constructed  and 
operated  in  accordance  with,  and  shall  be  subject  to,  the  provisions  of 
RSA  256,  including,  but  not  limited  to,  section  8  of  said  chapter  256. 

256-A:2  Funds  Provided.  A  sum  not  exceeding  three  million  dollars 
is  hereby  appropriated  as  hereinafter  provided  for  the  purpose  of  carrying 
into  effect  the  provisions  of  this  chapter. 

256-A:3  Borrowing  Power.  The  state  treasurer  is  hereby  authorized 
with  the  approval  of  the  governor  and  council  to  borrow  upon  the  credit 
of  the  state  a  sum  not  exceeding  three  million  dollars  for  the  purpose  of 
carrying  into  effect  the  provisions  of  this  chapter  and  for  that  purpose 
may  issue  bonds  in  the  name  and  on  behalf  of  the  state  of  New  Hamp- 
shire 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  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  issu- 


1963]  Chapter  223  405 

ance  of  the  bonds.  Such  bonds  shall  contain  an  express  guarantee  which 
shall  be  deemed  a  contract  on  the  part  of  the  state  that  tolls  will  be  col- 
lected in  accordance  with  the  provisions  of  this  chapter  and  chapter  256 
until  the  date  of  maturity  of  said  bonds  or  until  sufficient  money  shall 
have  accumulated  to  pay  said  bonds  and  the  interest  thereon  at  or  prior 
to  the  dates  of  maturity.  The  bonds  shall  be  in  such  form  and  such  de- 
nomination as  the  governor  and  council  shall  determine,  may  be  register- 
able  as  to  both  principal  and  interest,  shall  be  countersigned  by  the 
governor,  and  shall  be  deemed  a  pledge  of  the  full  faith  and  credit  of 
the  state.  The  governor  may  authorize  his  countersignature  on  said  bonds 
to  be  by  facsimile  signature.  The  secretary  of  state  shall  keep  an  account 
of  all  such  bonds  showing  the  number  and  amount  of  each,  the  time  and 
date  of  countersigning,  the  date  of  delivery  to  the  treasurer  and  the  date 
of  maturity.  The  state  treasurer  shall  keep  an  account  of  each  bond  show- 
ing 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. 

256-A: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  time  shall  the  indebtedness  of  the  state  on 
such  short  term  loans  exceed  the  sum  of  three  million  dollars. 

256-A:5  Sale  o£  Bonds  or  Notes.  All  bonds  or  notes  (except  short 
term  loans)  issued  under  the  provisions  of  this  act  shall  be  sold  (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  and  in  a  financial 
publication  of  national  circulation,  the  first  publication  being  not  less 
than  fifteen  days  prior  to  the  day  the  bids  will  be  received,  and  (3)  to  the 
highest  bidder.  The  governor  and  council  may  reject  any  or  all  bids, 
and/or  negotiate  with  the  highest  responsible  bidder.  The  proceeds  from 
the  sale  of  such  bonds  shall  be  held  by  the  treasurer  and  paid  out  by  him 
upon  warrants  drawn  by  the  governor  for  the  purposes  of  this  act  alone, 
and  the  governor,  with  the  advice  and  consent  of  the  council,  shall  draw 
his  warrant  for  the  payment  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  of  New 
Hampshire. 

223:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31, 11963.] 


406  Chapter  224  [1963 

CHAPTER  224. 

AN  ACT  RELATIVE  TO  TAX  ABATEMENTS. 

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

224:1  Power  to  Abate.  Amend  RSA  77:25  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  77:25  Application  for 
Abatement.  Any  person  aggrieved  by  the  assessment  of  any  tax  under 
this  chapter  may  apply  in  writing  to  the  commission  for  an  abatement 
within  sixty  days  after  notice  of  the  tax.  The  commission,  upon  written 
application,  may  abate  all  or  a  portion  of  any  tax  assessed  under  this 
chapter  in  the  case  of  undue  hardship  or  when,  in  the  judgment  of  the 
commission,  such  abatement  should  be  made. 

224:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  225. 

AN  ACT  RELATING  TO  THE  PRINTING  OF  PROCEEDINGS  OF  THE  COUNTY 
CONVENTION  OF  BELKNAP  COUNTY. 

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

225:1  Belknap  County.  Amend  RSA  30:4  by  inserting  at  the  end 
thereof  the  words,  except  that  in  Belknap  county,  the  proceedings  of  the 
county  convention  shall  be  printed  only  when  ordered  by  the  convention, 
so  that  said  section  as  amended  shall  read  as  follows:  30:4  Convention 
Proceedings.  The  county  commissioners  of  each  county  shall  publish  at- 
tested copies  of  the  proceedings  of  the  county  convention,  with  the  printed 
reports  of  the  county  officers  for  the  year  in  which  such  proceedings  oc- 
curred, except  that  in  Belknap  county,  the  proceedings  of  the  county 
convention  shall  be  printed  only  when  ordered  by  the  convention. 

225:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2, 11963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  226  407 

CHAPTER  226. 

AN  ACT  RELATING  TO  THE  BOUNTY  ON  BOBCATS,  LYNXES,  TIMBER  WOLVES 

AND  PRAIRIE  WOLVES. 

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

226:1  Bounty  Increased.  Amend  RSA  470:5  (supp)  as  amended  by 
1961,  244:1,  by  striking  out  the  word  "ten"  in  the  eleventh  line  and  in- 
serting in  place  thereof  the  word,  twenty,  so  that  said  section  as  amended 
shall  read  as  follows:  470:5  Bobcats;  Lynxes;  Timber  Wolves;  Prairie 
Wolves.  Any  person  who  shall  kill  in  this  state  any  wildcat  of  the  species 
known  as  bobcat,  or  lynx,  or  timber  wolf,  or  prairie  wolf,  may  deliver  the 
carcass  thereof,  in  the  same  condition  as  when  killed,  to  any  conservation 
officer  or  the  director,  with  a  sworn  statement  that  it  was  killed  in  this 
state  within  forty-eight  hours,  and  giving  the  date  and  place  of  the  kill- 
ing thereof,  and  upon  request,  shall  accompany  the  conservation  officer 
to  the  precise  spot  where  the  same  was  killed.  Said  conservation  officer 
shall  thereupon  report  to  the  director,  who,  being  satisfied  that  the  same 
was  killed  in  this  state,  shall  certify  the  killing  to  the  governor.  The  gov- 
ernor is  hereby  authorized  to  draw  his  warrant  upon  the  fish  and  game 
fund  for  the  payment  of  twenty  dollars  for  each  bobcat  or  lynx,  or  timber 
wolf,  or  pairie  wolf  so  killed,  reported  and  certified.  The  ears  of  such 
animal  shall  be  punched  by  said  conservation  officer  with  a  punch  to  be 
furnished  to  him  for  the  purpose  by  the  director.  If  the  animal  is  a  lynx, 
the  carcass  with  the  pelt  thereon  shall  be  returned  to  its  killer.  If  the 
animal  is  a  bobcat,  the  officer  shall  cause  the  skin  to  be  removed  from  the 
carcass  and  shall  forward  the  skin  to  the  director.  The  director  shall  sell 
such  skins  and  return  all  moneys  received  therefor  to  the  state  treasurer 
to  be  credited  to  the  fish  and  game  fund. 

226:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  227. 

AN  ACT  RELATIVE  TO  THE  COMPENSATION  OF  STATE  EMPLOYEES  ENGAGED  IN 

SNOW  REMOVAL. 

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

227:1    Snow  Removal.   Amend  RSA  by  inserting  after  chapter  99-B 
(supp)  as  inserted  by  1959,  233:1,  the  following  new  chapter: 


408  Chapter  228  [1963 

Chapter  99-C 

Employees  Engaged  in  Snow  Removal 

99-C:l  Declaration  of  Purpose.  It  is  hereby  declared  to  be  the  pur- 
pose of  this  statute  to  grant  equal  treatment  to  all  employees  assigned  to 
snow  removal  duties  at  state  installations  and  institutions. 

99-C:2  Overtime  Work.  Employees  whose  job  assignments  include 
snow  removal  at  any  state  installation  or  institution  shall,  during  the 
period  from  November  first  through  March  thirty-first  each  year,  in  addi- 
tion to  their  regular  compensation,  be  paid  at  the  rate  of  time  and  one- 
half  on  a  minute  basis  for  all  time  worked  over  forty  hours  per  week,  and 
for  all  time  worked  in  excess  of  eight  hours  on  any  one  day.  Such  a  day 
shall  be  defined  as  beginning  at  the  time  an  employee  is  required  to  report 
for  duty  and  shall  end  at  the  time  of  final  release. 

99-C:3  Exceptions.  Overtime  rates  shall  not  be  applicable  to  such 
employees  during  any  state  of  emergency  declared  by  the  governor  and 
council. 

227:2   Takes  Effect.   This  act  shall  take  effect  on  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effectiveasof  July  1,1963.] 


CHAPTER  228. 

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: 

228:1  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,  ($521,576,359),  $183.37 

Atkinson  7,142,877  2.51 

Auburn  5,365,590  1.89 

Brentwood  3,019,210  1.06 

Candia  4,806,704  1.69 

Chester  4,155,283  1.46 

Danville  1,977,213  .69 

Deerfield  4,327,831  1.52 


1963]  Chapter  228                                              409 

Derry  29,218,804  10.27 

East  Kingston  2,393,874  .84 

Epping  6,527,038  2.29 

Exeter  42,011,709  14.77 

Fremont  2,535,926  .89 

Greenland  5,062,314  1.78 

Hampstead  7,692,637  2.70 

Hampton  53,894,250  18.95 

Hampton  Falls  4,338,080  1.53 

Kensington  3,593,265  1.26 

Kingston  8,436,441  2.97 

Londonderry  9,052,125  3.18 

New  Castle  4,794,082  1.69 

Newfields  2,852,530  1.00 

Newington  113,796,195  4.85 

Newmarket  11,750,975  4.13 

Newton  4,573,278  il.61 

North   Hampton  14,379,052  5.06 

Northwood  6,542,934  2.30 

Nottingham  3,718,839  1.31 

Plaistow  12,090,221  4.25 

Portsmouth  116,790,144  41.06 

Raymond  7,457,827  2.62 

Rye  23,637,885  8.31 

Salem  58,413,183  20.54 

Sandown  2,943,196  1.03 

Seabrook  14,186,521  4.99 

South  Hampton  2,208,375  .78 

Stratham  4,089,700  1.44 

Windham  ll,800,25il  4.15 

Strafford  County,  ($229,763,499),  $80.78 

Barrington  3,768,939  1.33 

Dover  73,393,485  25.80 

Durham  16,822,971  5.92 

Farmington  8,935,430  3.14 

Lee  4,052,078  1.42 

Madbury  2,333,597  .82 

Middleton  1,178,339  .41 

Milton  8,807,433  3.10 

New  Durham  4,656,380  1.64 

Rochester  62,489,351  21.97 

Rollinsford  6,715,040  2.36 

Somersworth  31,002,899  10.90 

Strafford  5,607,557  1.97 


410  Chapter  228  [1963 


Belknap  County  ($192,503,952),  $67.68 

Alton 

18,108,558 

6.37 

Barnstead 

5,024,480 

11.77 

Belmont 

8,049,083 

2.83 

Center  Harbor 

4,167,453 

1.46 

Gilford 

25,520,514 

8.97 

Gilmanton 

4,974,167 

1.75 

Laconia 

79,317,370 

27.89 

Meredith 

24,195,301 

8.51 

New  Hampton 

6,429,008 

2.26 

Sanbornton 

4,907,139 

1.72 

Tilton 

11,810,879 

4.15 

Carroll  County,  ($126,102,852),  $44.33 

Albany 

1,124,408 

.40 

Bartlett 

3,755,863 

1.32 

Brookfield 

1,745,396 

.61 

Chatham 

761,306 

.27 

Conway 

21,231,593 

7.46 

Eaton 

1,361,771 

.48 

Effingham 

1,750,930 

.62 

Freedom 

3,664,751 

1.29 

Hart's  Location 

90,545 

.03 

Jackson 

3,483,329 

1.22 

Madison 

4,642,679 

1.63 

Moultonboro 

20,407,632 

7.17 

Ossipee 

10,666,1189 

3.75 

Sandwich 

5,941,311 

2.09 

Tamworth 

6,108,272 

2.15 

Tuftonboro 

10,441,997 

3.67 

Wakefield 

8,694,510 

3.06 

Wolfeboro 

20,230,370 

7.11 

Merrimack  County,  ($311,628,659),  $109.56 

Allenstown 

6,659,228 

2.34 

Andover 

4,500,891 

1.58 

Boscawen 

6,289,179 

2.21 

Bow 

27,605,846 

9.71 

Bradford 

3,788,774 

1.33 

Canterbury 

2,700,353 

.95 

Chichester 

2,273,295 

.80 

Concord 

122,365,385 

43.02 

Danbury 

1,353,940 

.48 

Dunbarton 

2,883,068 

1.01 

1963]  Chapter  228                                              411 

Epsom  3,900,056  1.37 

Franklin  28,806,650  10.13 

Henniker  6,606,344  2.32 

Hill  2,168,340  .76 

Hooksett  16,714,400  5.88 

Hopkinton  12,011,271  4.22 

Loudon  3,145,262  1.10 

Newbury  5,224,612  1.84 

New  London  12,559,062  4.41 

Northfield  5,960,105  2.10 

Pembroke  10,686,017  3.76 

Pittsfield  8,334,059  2.93 

Salisbury  1,883,579  .66 

Sutton  3,553,1176  1.25 

Warner  4,827,230  1.70 

Webster  2,750,909  .97 

Wilmot  2,077,628  .73 

Hillsborough  County,  ($693,947,759),  $243.97 

Amherst  11,125,790  3.91 

Antrim  4,958,621  1.74 

Bedford  18,913,846  6.65 

Bennington  4,029,654  1.42 

Brookline  3,413,091  1.20 

Deering  2,184,009  .77 

Francestown  2,806,238  .98 

Goffstown  23,870,242  8.39 

Greenfield  2,892,224  1.02 

Greenville  4,207,320  1.48 

Hancock  6,535,987  2.30 

Hillsborough  13,107,669  4.61 

Hollis  7,189,945  2.53 

Hudson  17,850,577  6.27 

Litchfield  2,895,673  1.02 

Lyndeborough  2,666,519  .94 

Manchester  307,647,169  1108.16 

Mason  1,697,688  .60 

Merrimack  11,516,463  4.05 

Milford  23,768,467  8.36 

Mont  Vernon  2,563,213  .90 

Nashua  154,676,385  54.38 

New  Boston  3,810,297  1.34 

New  Ipswich  5,723,319  2.01 

Pelham  12,443,669  4.37 

Peterborough  23,508,810  8.27 


412 


Chapter  228 

Sharon 

719,151 

Temple 

1,662,652 

Weare 

5,636,810 

Wilton 

9,606,672 

Windsor 

319,589 

Cheshire  County,  ($219,957 

Alstead 

3,746,261 

Chesterfield 

8,049,418 

Dublin 

7,147,416 

Fitzwilliam 

5,090,092 

Gilsum 

885,697 

Harrisville 

3,825,856 

Hinsdale 

9,863,306 

Jaffrey 

17,091,178 

Keene 

94,973,077 

Marlborough 

5,054,575 

Marlow 

1,098,476 

Nelson 

2,521,855 

Richmond 

999,309 

Rindge 

9,360,795 

Roxbury 

618,573 

Stoddard 

2,748,358 

Sullivan 

987,126 

Surry 

11,387,395 

Swanzey 

12,501,482 

Troy 

6,538,306 

Walpole 

12,941,660 

Westmoreland 

3,057,722 

Winchester 

9,469,613 

Sullivan 

County,  ($106,885 

Acworth 

1,510,667 

Charlestown 

9,170,470 

Claremont 

50,976,225 

Cornish 

3,450,665 

Croydon 

1,424,414 

Goshen 

953,512 

Grantham 

784,545 

Langdon 

1,063,445 

Lempster 

1,013,669 

Newport 

16,895,173 

Plainfield 

4,196,913 

Springfield 

1,833,787 

Sunapee 

10,057,969 

[1963 


.25 

.58 

1.98 

3.38 

.11 


1.32 

2.83 

2.51 

1.79 

.31 

1.34 

3.47 

6.01 

33.39 

1.78 

.39 

.89 

.35 

3.29 

.22 

.96 

.35 

.49 

4.39 

2.30 

4.55 

1.07 

3.33 


.53 

3.22 

17.92 

1.21 

.50 

.34 

.28 

.37 

.36 

5.94 

1.48 

.64 

3.54 


1963] 


Chapter  228  413 


Unity  1,280,600  .45 

Washington  2,276,705  .80 

Grafton  County,  ($258,592,740),  $90.92 

Alexandria  1,605,043  .56 

Ashland  5,604,003  1.97 

Bath  11,861,069  .65 

Benton  318,649  .HI 

Bethlehem  6,746,757  2.37 

Bridffewater  3,622,556  1.27 

Bristol  9,094,480  3.20 

Campton  5,143,511  1.81 

Canaan  5,259,538  1.85 

Dorchester  396,938  .14 

Easton  783,865  .28 

Ellsworth  123,910  .04 

Enfield  6,924,822  2.43 

Franconia  4,576,511  1.61 

Grafton  1,290,818  .45 

Groton  773,783  .27 

Hanover  34,547,711  12.15 

Haverhill  9,104,086  3.20 

Hebron  2,757,674  .97 

Holderness  9,295,756  3.27 

Landaff  550,381  .19 

Lebanon  34,320,753  12.07 

Lincoln  7,955,777  2.80 

Lisbon  4,516,087  1.59 

Littleton  51,856,866  18.23 

Lyman  756,lil8  .27 

Lyme  3,389,994  1.19 

Monroe  11,314,060  3.98 

Orange  366,340  J13 

Orford  2,671,634  .94 

Piermont  2,317,284  .81 

Plymouth  12,137,025  4.27 

Rumney  3,785,545  1.33 

Sugar  Hill  3,321,697  1.17 

Thornton  2,235,871  .79 

Warren  1,660,249  .58 

Waterville  161,102  .06 

Wentworth  1,439,069  .51 

Woodstock  4,005,408  1.41 


414 


Chapter  228 

[ 

Coos  County,  ($181,110,946),  $63.67 

Berlin 

95,754,866 

33.67 

Carroll 

3,366,648 

1.18 

Clarksville 

888,553 

.31 

Colebrook 

5,845,988 

2.06 

Columbia 

1,195,485 

.42 

Dalton 

1,649,063 

.58 

Dummer 

892,637 

.31 

Errol 

1,399,857 

.49 

Gorham 

19,751,056 

6.94 

Jefferson 

2,483,734 

.87 

Lancaster 

10,346,880 

3.64 

Milan 

1,968,096 

.69 

Northumberland 

13,878,992 

4.88 

Pittsburg 

4,335,4511 

1.52 

Randolph 

2,016,719 

.71 

Shelburne 

1,948,068 

.69 

Stark 

954,655 

.34 

Stewartstown 

2,003,423 

.70 

Stratford 

4,139,658 

1.46 

Wentworth  Location 

315,625 

.11 

Whitefield 

5,975,492 

2.10 

Unmcorporated  Places,  ($2,282,565),  $0.81 

Atkinson  &  Gilmanton 

Academy  Grant 

47,936 

.02 

Bean's  Purchase 

75,000 

.03 

Cambridge 

426,972 

.15 

Crawford's  Purchase 

18,400 

.01 

Dix  Grant 

58,766 

.02 

Dixville 

399,192 

.14 

Erving's  Grant 

10,100 

.01 

Green's  Grant 

67,900 

.02 

Hale's  Location 

5,632 

.01 

Millsfield 

220,320 

.08 

Odell 

192,586 

.06 

Pinkham  Grant 

109,100 

.04 

Sargent's  Purchase 

110,650 

.04 

Second  College  Grant 

137,000 

.05 

Success 

210,421 

.07 

Thompson  Sc  Meserve 

Purchase 

192,590 

.06 

[1963 


228:2  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. 


1963]  Chapter  229  415 

228:3   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963,  9:00  A.M.] 


CHAPTER  229. 

AN  ACT  ADOPTING  A  STATE  RADIATION  CONTROL  PROGRAM. 

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

229:1  Radiation  Protection.  Amend  RSA  1125  by  inserting  after 
section  55  (supp)  as  inserted  by  1961,  60:1,  the  following  new  subdivision: 

Radiation  Protection  and 

Radiation  Control  Program 

125:56  Public  Policy.  Whereas  ionizing  radiations  and  their  sources 
can  be  instrumental  in  the  improvement  of  health,  welfare  and  productiv- 
ity 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: 

I.  To  encourage  the  constructive  uses  of  radiation  and  to  prohibit 
unnecessary  radiation;  and 

II.  To  institute  and  maintain  a  regulatory  program  for  sources  of 
ionizing  radiation  so  as  to  provide  for  (a)  compatibility  with  the  standards 
and  regulatory  programs  of  the  federal  government,  (b)  a  single  effective 
system  of  regulations  within  the  state,  and  (c)  a  system  consonant  insofar 
as  possible  with  those  of  other  states;  and 

III.  To  institute  and  maintain  a  program  to  permit  development 
and  utilization  of  sources  of  ionizing  radiation  for  peaceful  purposes  con- 
sistent with  the  health  and  safety  of  the  public. 

125:57  Purpose.  It  is  the  purpose  of  this  subdivision  to  effectuate 
the  policies  set  forth  in  section  56  by  providing  for: 

I.  A  program  of  effective  regulation  of  sources  of  ionizing  radiation 
for  the  protection  of  the  occupational  and  public  health  and  safety; 

II.  A  program  to  promote  an  orderly  regulatory  pattern  within  the 
state,  among  the  states  and  between  the  federal  government  and  the  state 
and  facilitate  intergovernmental  cooperation  with  respect  to  use  and 
regulation  of  sources  of  ionizing  radiation  to  the  end  that  duplication  of 
regulation  may  be  minimized; 


416  Chapter  229  [1963 

III.  A  program  to  establish  procedures  for  assumption  and  perform- 
ance of  certain  regulatory  responsibilities  with  respect  to  byproduct, 
source  and  special  nuclear  materials;  and 

IV.  A  program  to  permit  maximum  utilization  of  sources  of  ioniz- 
ing radiation  consistent  with  the  health  and  safety  of  the  public. 

125:58  Definitions.  The  following  words  as  used  in  this  subdivision 
shall  have  the  following  meanings: 

I.  "Department"  means  the  department  of  health  and  welfare,  divi- 
sion of  public  health  services. 

II.  "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  agri- 
cultural potentials  of  the  state  as  determined  by  the  consensus  of  opinion 
of  competent  scientific  authorities. 

III.  "Byproduct  material"  means  any  radioactive  material  (except 
special  nuclear  material)  yielded  in  or  made  radioactive  by  exposure  to 
the  radiation  incident  to  the  process  of  producing  or  utilizing  special 
nuclear  material. 

IV.  "Ionizing  radiation"  means  gamma  rays  and  x-Rays;  alpha 
and  beta  particles,  high  speed  electrons,  neutrons,  protons,  and  other 
nuclear  particles;  but  not  sound  or  radio  waves,  or  visible,  infrared,  or 
ultraviolet  light. 

V.  License;  General  and  Specific. 

(1)  "General  license"  means  a  license  effective  pursuant  to  regula- 
tions promulgated  by  the  state  radiation  control  agency  without  the  filing 
of  an  application  to  transfer,  acquire,  own,  possess  or  use  quantities  of, 
or  devices  or  equipment  utilizing  byproduct,  source,  special  nuclear  ma- 
terials, or  other  radioactive  material  occurring  naturally  or  produced 
artificially. 

(2)  "Specific  license"  means  a  license,  issued  after  application,  to 
use,  manufacture,  produce,  transfer,  receive,  acquire,  own,  or  possess 
quantities  of,  or  devices  or  equipment  utilizing  byproduct,  source,  special 
nuclear  materials,  or  other  radioactive  material  occurring  naturally  or 
produced  artificially. 

VI.  "Person"  means  any  individual,  corporation,  partnership,  firm, 
association,  trust,  estate,  public  or  private  institution,  group,  agency,  po- 
litical subdivision  of  this  state,  any  other  state  or  political  subdivision  or 
agency  thereof,  and  any  legal  successor,  representatve,  agent  or  agency 
of  the  foregoing,  other  than  the  United  States  Atomic  Energy  Commis- 
sion, or  any  successor  thereto,  and  other  than  federal  government  agencies 


1963]  Chapter  229  417 

licensed  by  the  United  States  Atomic  Energy  Commission,  or  any  successor 
thereto. 

VII.  "Source  material"  means  (1)  uranium,  thorium,  or  any  other 
material  which  the  governor  declares  by  order  to  be  source  material  after 
the  United  States  Atomic  Energy  Commission,  or  any  successor  thereto, 
has  determined  the  material  to  be  such;  or  (2)  ores  containing  one  or 
more  of  the  foregoing  materials,  in  such  concentration  as  the  governor 
declares  by  order  to  be  source  material  after  the  United  States  Atomic 
Energy  Commission,  or  any  successor  thereto,  has  determined  the  material 
in  such  concentration  to  be  source  material. 

VIII.  "Special  nuclear  material"  means  (1)  plutonium,  uranium 
233,  uranium  enriched  in  the  isotope  233  or  in  the  isotope  235,  and  any 
other  material  which  the  governor  declares  by  order  to  be  special  nuclear 
material  after  the  United  States  Atomic  Energy  Commission,  or  any  suc- 
cessor thereto,  has  determined  the  material  to  be  such,  but  does  not  in- 
clude source  material;  or  (2)  any  material  artificially  enriched  by  any  of 
the  foregoing,  but  does  not  include  source  material. 

125:59  State  Radiation  Control  Agency. 

I.  The  department  of  health  and  welfare,  division  of  public  health 
services,  is  hereby  designated  as  the  state  radiation  control  agency. 

II.  The  director  of  the  division  of  public  health  services  shall  desig- 
nate an  individual  to  be  director  of  the  agency,  hereinafter  referred  to 
as  the  director,  who  shall  perform  the  functions  vested  in  the  agency  pur- 
suant to  the  provisions  of  this  act. 

III.  The  agency  shall  for  the  protection  of  the  occupational  and 
public  health  and  safety: 

(1)  Administer  this  subdivision  and  codes,  rules,  or  regulations  pro- 
mulgated hereunder; 

(2)  Develop  and  conduct  comprehensive  policies  and  programs  for 
evaluation  of  hazards  associated  with  use  of  sources  of  ionizing:  radiation 
and  for  their  amelioration; 

(3)  Develop  and  conduct  programs  with  due  regard  for  compatabil- 
ity  with  federal  programs  for  regulation  of  byproduct,  source  and  special 
nuclear  materials; 

(4)  Have  power  to  formulate  and  promulgate,  amend  and  repeal 
codes  and  rules  and  regulations,  including  registration  of  sources  of  radia- 
tion as  may  be  necessary  to  prohibit  and  prevent  unnecessary  radiation; 
provided,  however,  that  no  such  code,  rule,  regtilation,  amendment  or 
repeal  shall  be  adopted  except  after  public  hearing.  Said  public  hearing 
shall  be  held  by  the  department  or  its  duly  authorized  representatives 
provided  that  thirty  days'  notice  thereof  shall  be  given  by  public  adver- 


418  Chapter  229  [1963 

tisement  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. 

(5)  Advise,  consult,  and  cooperate  with  other  agencies  of  the  state, 
the  federal  government,  other  states  and  interstate  agencies,  political 
subdivisions,  industries,  and  with  groups  concerned  with  control  of 
sources  of  ionizing  radiation. 

(6)  Issue  such  orders  or  modifications  thereof  as  may  be  necessary  in 
connection  with  proceedings  under  section  62  hereof. 

(7)  Have  the  authority  to  accept  and  administer  loans,  grants  or 
other  funds  or  gifts,  conditional  or  otherwise,  in  furtherance  of  its  func- 
tions, from  the  federal  government  and  from  other  sources,  public  or 
private. 

(8)  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. 

(9)  Collect  and  disseminate  information  relating  to  control  of 
sources  of  ionizing  radiation,  including: 

(a)  maintenance  of  a  file  of  all  license  applications,  issuances,  denials, 
amendments,  transfers,  renewals,  modifications,  suspensions  and  revoca- 
tions; 

(b)  maintenance  of  a  file  of  registrants  possessing  sources  of  ionizing 
radiation  requiring  registration  under  the  provisions  of  this  act  and  any 
administrative  or  judicial  action  pertaining  thereto;  and 

(c)  maintenance  of  a  file  of  all  rules  and  regulations  relating  to 
regulation  of  sources  of  ionizing  radiation,  pending  or  promulgated,  and 
proceedings  thereon. 

(10)  Collect  and  disseminate  health  education  information  relating 
to  radiation  protection. 

(11)  Review  plans  and  specifications  for  radiation  sources  submitted 
pursuant  to  codes,  rules  or  regulations  promulgated  hereunder. 

(12)  All  data  obtained  as  a  result  of  registrations,  licensings,  or  in- 
vestigations shall  be  kept  confidential  by  the  department. 

125:60  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  efifective  range  thereof 
from  being  exposed  to  unnecessary  radiation. 


1963]  Chapter  229  419 

125:61  Inspection  and  Right  of  Entry.  The  director  or  his  duly 
authorized  representatives  shall  have  the  power  to  enter  at  all  reasonable 
times  upon  any  private  or  public  property  for  the  purpose  of  determining 
whether  or  not  there  is  compliance  with  or  violations  of  the  provisions  of 
this  act  and  rules  and  regulations  issued  thereunder,  except  that  entry  into 
areas  under  the  jurisdiction  of  the  federal  government  shall  be  effected  on- 
ly with  the  concurrence  of  the  federal  government  or  its  duly  designated 
representatives.  Such  entry  may  include,  but  shall  not  be  limited  to, 
inspections  and  investigations  of  radiation  sources,  their  shieldings  and 
immediate  surroundings  and  records  or  memoranda  pertaining  to  radia- 
tion sources  and  exposure  to  radioactive  materials  as  they  may  pertain  to 
the  public  health  and  welfare. 

125:62   Licensing  and  Registration  of  Sources  of  Ionizing  Radiation. 

I.  The  agency  shall  provide  by  rule  or  regulation  for  general  or 
specific  licensing  of  byproduct,  source,  special  nuclear  materials,  or  de- 
vices or  equipment  utilizing  such  materials.  Such  rule  or  regulation  shall 
provide  for  amendment,  suspension  or  revocation  of  licenses. 

II.  The  agency  is  authorized  to  require  registration  or  licensing  of 
other  sources  of  ionizing  radiation. 

III.  The  agency  is  authorized  to  exempt  certain  sources  of  ionizing 
radiation  or  kinds  of  uses  or  users  from  the  licensing  or  registration  re- 
quirements set  forth  in  this  section  when  it  makes  a  finding  that  the  ex- 
emption of  such  sources  of  ionizing  radiation  or  kinds  of  uses  or  users 
will  not  constitute  a  significant  risk  to  the  health  and  safety  of  the  public. 

IV.  Rules  and  regulations  promulgated  pursuant  to  this  act  may 
provide  for  recognition  of  other  state  or  federal  licenses  as  the  agency 
may  deem  desirable,  subject  to  such  registration  requirements  as  the 
agency  may  prescribe. 

125:63  Records. 

I.  The  director  shall  require  each  person  who  possesses  or  uses  a 
source  of  ionizing  radiation  to  maintain  records  relating  to  its  receipt, 
storage,  transfer  or  disposal  and  such  other  records  as  he  may  require  sub- 
ject to  such  exemptions  as  may  be  provided  by  rules  or  regulations. 

II.  The  director  shall  require  each  person  who  possesses  or  uses  a 
source  of  ionizing  radiation  to  maintain  appropriate  records  showing  the 
radiation  exposure  of  all  individuals  for  whom  personnel  monitoring  is 
required  by  his  rules  and  regulations.  Copies  of  these  records  and  those 
required  to  be  kept  by  subsection  1  of  this  section  shall  be  submitted  to 
the  director  on  request.  Any  person  possessing  or  using  a  source  of  ioniz- 
ing radiation  shall  furnish  to  each  employee  for  whom  personnel  monitor- 
ing is  required  a  copy  of  such  employee's  personal  exposure  record,  at 


420  Chapter  229  [1963 

any  time  such  employee  has  received  excessive  exposure,  and  upon  ter- 
mination of  employment. 

125:64  Federal-State  Agreements. 

I.  The  governor  and  council,  on  behalf  of  this  state,  are  authorized 
to  enter  into  agreements  with  the  federal  government  providing  for  dis- 
continuance of  certain  of  the  federal  government's  responsibilities  with 
respect  to  sources  of  ionizing  radiation  and  the  assumption  thereof  by 
this  state. 

II.  Any  person  who,  on  the  effective  date  of  an  agreement  under 
subsection  1  above,  possesses  a  license  issued  by  the  federal  government 
shall  be  deemed  to  possess  the  same  pursuant  to  a  license  issued  under 
this  subdivision,  which  shall  expire  either  ninety  days  after  receipt  from 
the  director  of  a  notice  of  expiration  of  such  license,  or  on  the  date  of 
expiration  specified  in  the  federal  license,  whichever  is  earlier. 

125:65  Notification  of  Violation  and  Order  of  Abatement.  When- 
ever the  director  or  his  authorized  representative  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,  regulations  promulgated  hereunder, 
he  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  director,  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  hereunder.  In  any  proceeding  under  this  sub- 
division for  granting,  suspending,  revoking,  or  amending  any  license,  or 
for  determining  compliance  with  or  granting  exemptions  from  rules  and 
regulations  of  the  agency,  the  agency  shall  afford  an  opportunity  for  a 
hearing  on  the  record  upon  the  request  of  any  person  whose  interest  may 
be  affected  by  the  proceeding,  and  shall  admit  any  such  person  as  a  party 
to  such  proceeding.  Any  person  aggrieved  by  the  finding  or  order  of  the 
agency  may  request  a  hearing  before  the  director,  division  of  public 
health  services,  at  any  time  within  fifteen  days  after  notification  and  the 
director,  division  of  public  health  services,  may  affirm  the  finding  or 
order  of  the  agency  or  reverse  or  modify  the  finding  or  order  of  the 
agency.  Any  person  aggrieved  by  the  finding  or  order  of  the  director, 
division  of  public  health  services,  may  bring  a  civil  action  in  superior 
court  at  any  time  ^vithin  thirty  days  after  being  notified  thereof,  and 
said  court  may  proceed  in  a  summary  manner  or  otherwise,  and  there- 
upon may  affirm  the  finding  or  order  of  the  agency  or  director,  division 
of  public  health  services,  or  reverse  or  modify  the  finding  or  order  of 


1963]  Chapter  229  421 

the  agency  or  director,  division  of  public  health  services,  in  whole  or  in 
part  as  the  court  shall  deem  just  and  reasonable. 

125:66  Authority  of  the  Director  in  Cases  of  Emergency.  Whenever 
the  director  finds  that  an  emergency  exists  requiring  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  therc^vith  immediately,  but  on  application  to  the  director,  divi- 
sion of  public  health  services,  shall  be  afforded  a  hearing  within  fifteen 
days.  On  the  basis  of  such  hearing,  the  director,  division  of  public  health 
services,  shall  continue  such  order  in  effect,  revoke  it,  or  modify  it. 

125:67  Injunctive  Relief.  A  civil  action  may  be  instituted  in  su- 
perior court  on  behalf  of  the  agency  for  injunctive  relief  to  prevent  the 
violation  of  the  provisions  of  this  subdivision  or  codes,  rules  or  regula- 
tions 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. 

125:68  Prohibited  Uses.  It  shall  be  unlawful  for  any  person  to  use, 
manufacture,  produce,  transport,  transfer,  receive,  acquire,  own  or  possess 
any  source  of  ionizing  radiation  unless  licensed  by  or  registered  with 
the  director  in  accordance  with  the  provisions  of  this  subdivision. 

125:69  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. 

125:70  Penalty.  Any  person  who  violates  any  of  the  provisions  of 
this  subdivision  or  rule  or  regulation  of  the  agency  or  who  violates  any 
order  of  the  agency  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  enjoined 
from  continuing  such  violation.  Each  day  any  person  neglects  or  refuses 
to  comply  therewith  shall  constitute  a  separate  offense. 

125:71  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. 

125:72  Protection  of  Powers.  The  powers  and  functions  vested  in 
the  department  of  health  and  welfare,  division  of  public  health  services, 
under  the  provisions  hereof  shall  not  be  construed  to  affect  in  any  manner 
the  powers,  duties  and  functions  vested  in  the  department  of  health  and 
welfare,  division  of  public  health  services,  under  any  other  provisions  of 
law. 


422  Chapter  230  [1963 

125:73  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  to  adopt  ordi- 
nances or  regulations  not  inconsistent  herewith  or  any  code,  rules  or 
regulations  promulgated  pursuant  thereto. 

125:74  Severability  of  Provisions.  If  any  provision  of  this  subdivi- 
sion or  the  application  thereof  to  any  person  or  circumstances  is  held  in- 
valid, such  invalidity  shall  not  affect  other  provisions  or  applications  of 
this  subdivision  which  can  be  given  effect  without  the  invalid  provision 
or  application,  and  to  this  end  the  provisions  of  this  subdivision  are  de- 
clared to  be  severable. 

229:2  Repeal.  RSA  125:42  through  55,  inclusive  (supp)  as  inserted 
by  1196 1,60:1  is  hereby  repealed. 

229:3  Effective  Date.  The  provisions  of  this  act  relating  to  the  con- 
trol of  byproduct,  source  and  special  nuclear  materials  shall  become 
effective  on  the  effective  date  of  the  agreement  between  the  federal  gov- 
ernment and  this  state  as  provided  in  RSA  125:64  as  hereinabove  inserted. 
The  remaining  provisions  of  this  act  shall  take  effect  upon  passage. 
[Approved  July  2,  1963.] 
[Effective  as  stipulated.] 


CHAPTER  230. 

AN  ACT  PROVIDING  FOR  ADDITIONAL  APPROPRIATIONS  TO  MEET  CERTAIN 
CONTRACTUAL  DEFICIENCIES. 

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

230:1  Deficiency  Appropriations.  The  sum  of  $456,604.37  is  hereby 
appropriated  to  meet  the  following  contractual  deficiencies:  for  adminis- 
tration and  control  for  OAST  contributions  —  for  state  employees  — 
$92,891.64;  for  teachers  —  $92,042.73;  for  employees  retirement  system, 
1962,  the  sum  of  $38,048  and  for  1963,  the  sum  of  $41,622;  for  the  recrea- 
tional fund,  the  sum  of  $192,000.  The  sums  hereby  appropriated  are  for 
the  purpose  of  reimbursing  the  general  fund  for  sums  expended  to  meet 
obligations  of  the  state. 

230:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


1963]  Chapter  231  423 

CHAPTER  231. 

AN  ACT  RELATIVE  TO  REVOCATION  AND  SUSPENSION  OF  LICENSES. 

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

231:1  Authority  for  Revocation  and  Suspension.  Amend  RSA 
262:38  by  striking  out  in  line  three  the  word  "shall"  and  inserting  in 
place  thereof  the  word,  may,  so  that  said  section  as  amended  shall  read 
as  follows:  262:38  Revocation  for  Third  Offense.  Upon  a  third  or  sub- 
sequent conviction  in  the  same  calendar  year  of  a  violation  of  this  title, 
the  commissioner  may  forthwith  revoke  the  license  of  the  person  so  con- 
victed, and  no  new  license  shall  be  issued  to  such  person  for  at  least  thirty 
days  after  the  date  of  such  revocation. 

231:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  232. 

AN  ACT  AUTHORIZING  THE  ADOPTION  OF  FIRE  PREVENTION  CODES  BY 
CITIES  AND  TOWNS. 

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

232:1  Fire  Prevention  Codes.  Amend  RSA  47:22  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following:  47:22  Grant  of  Power. 
The  board  of  mayor  and  aldermen,  or  the  corresponding  governmental 
body  of  any  city,  is  hereby  empowered  and  authorized  in  the  passing  and 
adopting  of  ordinances,  establishing  codes,  rules  and  regulations  for  the 
construction  of  buildings,  relating  to  the  installation  of  plumbing,  the 
use  of  concrete,  masonry,  metal,  iron  and  wood,  and  other  building  ma- 
terial, the  installation  of  electric  wiring,  and  fire  protection  incident 
thereto  or  for  the  prevention  of  fires  to  adopt  any  nationally  recognized 
code,  rules  and  regulations  to  develop  good  engineering  practice  or  safety 
that  have  been  printed  as  a  code  in  book  form  or  such  portions  thereof 
by  reference  thereto  in  such  ordinance;  provided,  that  upon  adoption  of 
such  ordinance  wherein  such  code,  rules  and  regulations  or  portions 
thereof  have  been  incorporated  by  reference,  there  shall  be  filed  three 
copies  of  such  code,  rules  and  regulations  in  the  office  of  the  city  clerk, 
and,  in  the  case  of  a  fire  prevention  code  or  portion  thereof,  three  copies 
in  the  main  office  of  the  fire  department.  All  copies  of  any  code,  rules  and 
regulations  filed  as  provided  herein,  shall  be  for  use  and  examination  by 
the  public. 


424  Chapter  233  [1963 

232:2  Fire  Codes.  Amend  RSA  156-A:1  (supp)  as  inserted  by  1959, 
215:1,  by  adding  at  the  end  of  said  section  the  following  sentence:  Like 
authority  is  hereby  granted  to  any  town  by  ordinance  to  adopt  by  refer- 
ence thereto  in  such  ordinance  the  fire  prevention  code  recommended  by 
the  National  Board  of  Fire  Underwriters  or  any  other  nationally  recog- 
nized code,  rules  or  regulations  for  the  prevention  of  fires,  so  that  said 
section  as  amended  shall  read  as  follows:  156-A:1  Grant  of  Power.  Any 
town  at  any  annual  or  special  meeting,  under  an  article  in  the  warrant 
for  said  meeting,  is  hereby  authorized  and  empowered  by  ordinance  to 
adopt  by  reference  thereto  in  such  ordinance  any  nationally  recognized 
code,  rules  or  regulations  for  the  construction  of  buildings,  or  relating  to 
the  installation  of  plumbing,  the  use  of  concrete,  masonry,  metal,  iron, 
wood  and  other  building  material,  the  installation  of  electric  wiring  and 
fire  protection  incident  thereto  which  have  been  printed  as  a  code  in 
book  form,  or  any  portion  thereof.  Like  authority  is  hereby  granted  to 
any  town  by  ordinance  to  adopt  by  reference  thereto  in  such  ordinance 
the  fire  prevention  code  recommended  by  the  National  Board  of  Fire  Un- 
derwriters or  any  other  nationally  recognized  code,  rules  or  regulations 
for  the  prevention  of  fires. 

232:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  233. 

AN  ACT  RELATING  TO  THE  PRACTICE  OF  ACCOUNTANCY. 

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

233:1    Repeal.    RSA  309:1  relative  to  definition,  is  hereby  repealed. 

233:2  Membership  of  Board;  Compensation;  Register.  Amend  RSA 
309:2  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 309:2  Board  of  Accountancy.  There  shall  be  a  board  of  ac- 
countancy consisting  of  five  members  to  be  appointed  by  the  governor 
with  the  advice  and  consent  of  the  council.  Members  of  the  board  must 
have  held  certificates  as  certified  public  accountants  from  the  state  of 
New  Hampshire  for  a  period  of  at  least  five  years  immediately  preceding 
their  appointment.  At  least  three  members  of  the  board  shall  be  actively 
engaged  in  the  practice  of  public  accounting  at  the  time  of  their  appoint- 
ment. Each  member  shall  be  appointed  for  a  term  of  three  years  and  until 
his  successor  is  appointed  and  qualified.  No  person  shall  be  appointed  to 


1963]  Chapter  233  425 

serve  more  than  two  terms.  Appointment  to  fill  an  unexpired  term  is  to 
be  considered  as  serving  a  complete  term.  Vacancies  shall  be  filled  by 
the  governor  with  the  advice  and  consent  of  the  council  for  the  unexpired 
term.  The  governor  may,  with  the  advice  and  consent  of  the  council, 
after  hearing,  remove  any  member  of  the  board  for  neglect  of  duty  or 
other  just  cause.  The  board  shall  organize  by  the  election  of  a  chairman 
and  a  secretary-treasurer  and  may  make  all  rules  and  regulations  neces- 
sary to  carry  into  effect  the  purposes  hereof.  A  majority  of  members  acting 
as  a  board  shall  constitute  a  quorum  for  the  transaction  of  business.  The 
board  shall  have  a  seal  which  shall  be  judicially  noticed.  The  board  shall 
keep  a  record  of  all  the  proceedings  and  actions  by  and  before  the  board, 
and  in  any  proceeding  in  a  court  a  certificate  under  the  seal  of  the  board 
shall  be  prima  facie  evidence  of  any  proceeding  or  action  by  or  before  the 
board  stated  in  said  certificate.  Members  of  the  board  shall  be  compensated 
in  the  amount  of  twenty-five  dollars  a  day  for  each  day  actually  engaged 
in  the  duties  of  the  office.  In  addition  the  secretary-treasurer  shall  be 
compensated  in  the  amount  of  two  hundred  fifty  dollars  per  annum.  The 
board  shall  have  printed  and  published  for  public  distribution  bien- 
nially, a  register  which  shall  contain  the  names,  arranged  alphabetically 
by  classifications,  of  all  practitioners  holding  certificates  or  permits  to 
practice  under  this  chapter;  the  names  of  the  members  of  the  board;  and 
such  other  matters  as  may  be  deemed  proper  by  the  board.  Copies  of  said 
registers  shall  be  mailed  to  each  certificate  or  permit  holder.  The  board 
shall  promulgate  and  amend  rules  of  professional  conduct  appropriate 
to  establish  and  maintain  a  high  standard  of  integrity  and  dignity  in  the 
profession  of  public  accountancy.  At  least  sixty  days  prior  to  the  promul- 
gation of  any  such  rule  or  amendment,  the  board  shall  mail  copies  of  the 
proposed  rule  or  amendment  to  each  holder  of  a  certificate  or  permit 
issued  under  this  chapter  with  a  notice  advising  him  of  the  proposed 
effective  date  of  the  rule  or  amendment  and  requesting  that  he  submit 
his  comments  thereon,  if  any,  at  least  fifteen  days  prior  to  such  effective 
date;  such  comments  shall  be  advisory  only. 

233:3  Requirements.  Amend  RSA  309:3  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  309:3  Certified  Public  Ac- 
countants. The  certificate  of  "certified  public  accountant"  shall  be  granted 
by  the  board  to  any  person  who  (a)  is  a  citizen  of  the  United  States,  (b) 
is  a  resident  of  this  state,  (c)  has  a  place  of  business  therein  or  as  an  em- 
ployee is  regularly  employed  therein,  at  the  time  of  his  application,  (d)  has 
attained  the  age  of  twenty-one  years,  (e)  is  of  good  moral  character,  (f) 
who  shall  have  passed  a  written  examination  in  theory  of  accounts,  in 
accounting  practice,  in  auditing,  and  in  such  other  related  subjects  as 
the  board  shall  determine  to  be  appropriate,  (g)  who  is  a  high  school 
graduate  or  has  had  an  equivalent  education,  (h)  and  who  has  been  in 
the  employ  of  a  certified  public  accountant  for  a  period  of  at  least  four 
years  or  had  similar  responsible  experience. 


426  Chapter  233  [1963 

233:4  Examinations.  Amend  RSA  309:4  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  309:4  Examinations.  All 
examinations  shall  be  conducted  by  the  board.  The  examinations  shall 
take  place  as  often  as  may  be  necessary  in  the  opinion  of  the  board  but 
not  less  frequently  than  once  each  year.  The  time  and  place  of  holding 
examinations  shall  be  designated  by  the  board.  A  candidate  who  shall 
have  passed  a  satisfactory  examination  in  at  least  two  of  the  subjects  given 
by  the  board  shall  receive  credit  for  these  subjects  and  may  be  reexam- 
ined in  the  remaining  subjects  only,  at  subsequent  examinations  held 
by  the  board,  and  when  the  candidate  passes  any  of  the  remaining  subjects 
he  shall  receive  credit  for  each  subject  so  passed.  Nothing  herein  shall  be 
construed  as  prohibiting  the  reexamination  in  all  subjects  of  a  candidate 
who  has  failed  in  a  prior  examination.  Any  person  who  meets  the  re- 
quirements for  a  certificate  except  the  requirement  for  experience  shall 
be  entitled  to  be  examined. 

233:5  Limitations.  Amend  RSA  309:5  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  309:5  Exceptions.  Nothing 
herein  shall  be  construed  as  revoking  any  certificate  as  certified  public 
accountant  heretofore  issued  under  chapter  270  of  the  Public  Laws  or 
RSA  309,  or  amendments  thereto,  provided  the  holder  of  such  certificate 
has  complied  with  the  provisions  thereof,  relating  to  annual  registration. 
The  board  may,  in  its  discretion,  waive  the  examination  but  not  the 
residence  requirements  of  section  3  and  issue  a  certificate  as  certified 
public  accountant  to  any  person  who  holds  a  certificate  as  certified  public 
accountant  issued  under  the  laws  of  any  other  state  or  territory,  provided 
the  requirements  for  such  certificate  in  such  state  or  territory  are  in  the 
opinion  of  the  board  equivalent  to  those  herein  required;  or  who  is  the 
holder  of  a  certificate  as  certified  public  accountant  or  the  equivalent 
thereof  issued  in  any  foreign  country,  provided  the  requirements  for  such 
certificates  are,  in  the  opinion  of  the  board,  equivalent  to  those  herein 
required,  and  further  provided  that  such  states,  territories,  or  foreign 
countries  shall  give  favorable  consideration  to  residents  of  New  Hamp- 
shire under  similar  circumstances. 

233:6  New  Provisions.  Amend  RSA  309  by  inserting  at  the  end 
thereof  the  following:  309:15  Partnerships.  Nothing  contained  in  this 
chapter  shall  prevent  a  partnership  from  using  the  words  "Certified  Pub- 
lic Accountants"  or  the  abbreviation  "C.  P.  A.s"  in  connection  with  its 
firm  name  provided  that  the  resident  partners  or  managers  of  such  part- 
nership directly  engaged  in  the  conduct  of  such  practice  within  this  state 
shall  hold  C.  P.  A.  certificates  issued  hereunder,  and  each  partner  thereof 
must  be  a  certified  public  accountant  of  some  state  in  good  standing. 

309:16  Revocation  or  Suspension  of  Certificate  or  Permit  and 
Censure.  After  notice  and  hearing  as  provided  in  section  18  of  this  chap- 
ter, the  board  may  revoke,  or  may  suspend  for  a  period  not  to  exceed 
two  years,  any  certificate  issued  under  sections  3  or  5  of  this  chapter,  or 


1963]  Chapter  233  427 

may  revoke,  suspend  for  a  period  not  to  exceed  two  years  or  refuse  to 
renew  any  permit  issued  under  section  20  of  this  chapter,  or  may  censure 
the  holder  of  any  such  permit  or  certificate,  for  any  one  or  any  combina- 
tion of  the  following  causes: 

I.  Fraud  or  deceit  in  obtaining  a  certificate  as  certified  public  ac- 
countant, or  in  obtaining  a  permit  to  practice  as  a  certified  public  account- 
ant, under  this  chapter; 

II.  Dishonesty,  fraud  or  gross  negligence  in  the  practice  of  public 
accounting; 

III.  Violation  of  any  of  the  provisions  of  section  15  of  this  chapter; 

IV.  Violation  of  a  rule  of  professional  conduct  promulgated  by  the 
board  under  the  authority  granted  by  this  chapter; 

V.  Conviction  of  a  felony  under  the  laws  of  any  state  or  of  the 
United  States; 

VI.  Conviction  of  any  crime,  an  element  of  which  is  dishonesty  or 
fraud,  under  the  laws  of  any  state  or  of  the  United  States; 

VII.  Concellation,  revocation,  suspension,  or  refusal  to  renew  au- 
thority to  practice  as  a  certified  public  accountant  by  any  other  state,  for 
any  cause  other  than  failure  to  pay  an  annual  registration  fee  in  such 
other  state; 

VIII.  Failure  of  a  certificate  holder  to  obtain  an  annual  permit 
under  section  20,  within  either  (a)  three  years  from  the  expiration  date 
of  the  permit  to  practice  last  obtained  or  renewed  by  said  certificate 
holder,  or  (b)  three  years  from  the  date  upon  which  the  certificate  holder 
was  granted  his  certificate,  if  no  permit  was  ever  issued  to  him,  unless 
the  board  in  its  discretion  determines  such  failure  to  have  been  due  to 
excusable  neglect; 

IX.  Conduct  discreditable  to  the  public  accounting  profession. 

309:17  Reinstatement.  Upon  application  in  writing  and  after  hear- 
ing pursuant  to  notice,  the  board  may  issue  a  new  certificate  to  a  certified 
public  accountant  whose  certificate  shall  have  been  revoked,  or  may  re- 
issue or  modify  the  suspension  of  any  permit  to  practice  public  account- 
ing which  has  been  revoked  or  suspended. 

309:18  Proceedings.  The  board  may  initiate  proceedings  under  this 
chapter  on  its  own  motion  or  on  the  complaint  of  any  person.  A  written 
notice  setting  forth  the  nature  of  any  charge  or  charges  against  the  holder 
of  a  certificate  or  a  permit  and  the  time  and  place  of  hearing  shall  be 
given  in  hand  to  any  such  person  or  sent  registered  or  certified  mail  to 
his  last  known  address  or  last  place  of  business  at  least  ten  days  before  any 
hearing.  The  board  or  any  member  thereof  shall  have  the  power  to  sub- 
poena witnesses  and  administer  oaths  in  any  proceedings  or  examination 


428  Chapter  233  [1963 

instituted  before  or  conducted  by  it  and  to  compel  the  production  of  any 
papers  or  documents  of  any  kind  necessary  to  the  purposes  thereof.  Wit- 
nesses summoned  before  the  board  shall  be  paid  the  same  fees  as  witnesses 
summoned  before  the  superior  court  and  such  subpoenas  issued  by  any 
member  of  the  board  or  by  any  justice  of  the  peace  shall  have  the  same 
effect  as  though  issued  for  appearance  before  the  superior  court.  In  case 
of  disobedience  to  a  subpoena,  the  board  may  invoke  the  aid  of  any  court 
of  this  state  in  requiring  the  attendance  and  testimony  of  witnesses  and 
the  production  of  documentary  evidence.  The  board  shall  not  be  bound 
by  technical  rules  of  evidence.  A  stenographic  record  of  hearings  shall 
be  kept  and  a  transcript  thereof  filed  with  the  board.  At  all  hearings, 
the  attorney  general,  or  one  of  his  assistants,  or  such  other  legal  counsel 
as  may  be  employed,  shall  appear  and  represent  the  board.  The  decision 
of  the  board  shall  be  by  the  majority  vote  thereof.  The  provisions  of  RSA 
541  shall  govern  the  procedure  for  rehearings  and  appeals  on  behalf  of 
any  party  adversely  affected  by  any  order  or  decision  of  the  board. 

309:19  Fees.  The  board  shall  charge  for  the  examinations  provided 
for  herein  a  fee  which  shall  be  set  by  the  board  in  an  amount  not  to  ex- 
ceed seventy-five  dollars.  This  fee  shall  be  payable  by  the  applicant  at 
the  time  of  making  application.  In  case  the  application  is  rejected,  the 
fee  shall  be  refunded.  Should  the  applicant  fail  to  pass  the  required  ex- 
amination, re-examination  or  subsequent  examinations  shall  be  given 
for  an  additional  fee  not  to  exceed  fifteen  dollars  at  the  discretion  of  the 
board  for  each  subject.  No  additional  fee  shall  be  charged  for  the  certifi- 
cate of  a  successful  applicant. 

309:20  Annual  Registrations.  Annually,  each  certified  public  ac- 
countant shall  register  at  the  office  of  the  board,  giving  his  then  residence 
and  place  of  business  and  such  other  information  as  the  board  may  re- 
quire. The  board  shall  have  the  power  to  designate  the  date  of  registra- 
tion. The  annual  fee  for  such  registration  shall  be  set  by  the  board  in 
an  amount  not  to  exceed  ten  dollars.  The  board  shall  thereupon  file  a 
duplicate  of  the  registration  in  the  office  of  the  secretary  of  state.  Each 
certified  public  accountant  shall  be  entitled  to  a  permit  from  the  board 
setting  forth  the  fact  of  the  annual  registration,  payment  of  the  fee,  and 
recording  thereof.  The  fees  collected  under  this  chapter  shall  be  paid 
into  the  state  treasury,  and  the  state  treasurer,  on  warrant  of  the  governor, 
shall  pay  out  of  the  funds  so  paid  into  the  treasury  all  expenses  incident 
to  the  examinations,  the  expenses  of  issuing  certificates  and  fees  and 
expenses  of  the  members  of  the  board  while  performing  their  duties,  and 
shall  also  place  in  the  hands  of  the  board  as  a  working  fund  such  sums 
as  the  governor  may  approve,  the  same  to  be  advanced  out  of  the  fees 
paid  into  the  treasury  by  the  board.  An  account  thereof  shall  be  made 
to  the  state  treasurer  monthly,  or  as  much  oftener  as  the  governor  and 
council  shall  direct.  No  expenses  incurred  under  this  chapter  shall  be  a 
charge  against  the  general  funds  of  the  state. 


1963]  Chapter  233  429 

309:21  Acts  Declared  Unlawful.  No  person  shall  assume  or  use  the 
title  or  designation  "certified  public  accountant"  or  the  abbreviation 
"C.  P.  A."  or  any  other  title,  designation,  words,  letters,  abbreviation, 
sign,  card,  or  device  tending  to  indicate  that  such  person  is  a  certified 
public  accountant,  unless  such  person  has  received  a  certificate  as  a  cer- 
tified public  accountant  under  sections  3  or  5  of  this  chapter  and  holds  a 
permit  issued  under  section  20  of  this  chapter  which  is  not  revoked  or 
suspended. 

309:22  Injunction  Against  Unlawful  Act.  Whenever  in  the  judg- 
ment of  the  board  any  person  has  engaged,  or  is  about  to  engage,  in  any 
acts  or  practices  which  constitute,  or  will  constitute,  a  violation  of  this 
chapter,  the  board  may  make  application  to  the  appropriate  court  for  an 
order  enjoining  such  acts  or  practices,  and  upon  a  showing  by  the  board 
that  such  person  has  engaged,  or  is  about  to  engage,  in  any  such  acts  or 
practices  an  injunction,  restraining  order,  or  such  other  order  as  may  be 
appropriate  shall  be  granted  by  such  court. 

309:23  Misdemeanors;  Penalty.  Any  person  who  violates  any  pro- 
vision of  section  21  of  this  chapter,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  more  than  five  hundred  dollars, 
or  be  imprisoned  for  not  more  than  six  months,  or  to  both  such  fine  and 
imprisonment.  Whenever  the  board  has  reason  to  believe  that  any  person 
is  liable  to  punishment  under  this  section  it  may  certify  the  facts  to  the 
attorney  general  or  other  appropriate  enforcement  officer,  who  may,  in  his 
discretion,  cause  appropriate  proceedings  to  be  brought. 

309:24  Ownership  of  Accountants'  Working  Papers.  All  statements, 
records,  schedules,  working  papers,  and  memoranda  made  by  a  certified 
public  accountant  incident  to  or  in  the  course  of  professional  service  to 
clients  by  such  accountant,  except  reports  submitted  by  a  certified  public 
accountant  to  a  client,  shall  be  and  remain  the  property  of  such  account- 
ant, in  the  absence  of  an  express  agreement  between  such  accountant  and 
the  client  to  the  contrary.  No  such  statement,  record,  schedule,  working 
paper  or  memorandum  shall  be  sold,  transferred  or  bequeathed,  without 
the  consent  of  the  client  or  his  personal  representative  or  assignee,  to 
anyone  other  than  one  or  more  surviving  partners  or  new  partners  of 
such  accountant. 

309:25  Construction.  If  any  provision  of  this  chapter  or  the  applica- 
tion thereof  to  anyone  or  to  any  circumstances  is  held  invalid,  the  re- 
mainder thereof  and  the  application  of  such  provision  to  others  or  other 
circumstances  shall  not  be  affected  thereby. 

233:7  Repeal.  Sections  6  to  14,  inclusive,  of  RSA  309  (supp)  as 
amended  by  1959,  62:1  are  hereby  repealed. 


430  Chapter  234  [1963 

233:8    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  234. 

AN  ACT  PROVIDING  FOR  AN  EXECUTIVE  SECRETARY  FOR  THE  CANCER 

COMMISSION. 

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

234:1  Cancer  Commission.  Amend  RSA  139  by  inserting  after  sec- 
tion 4-a  (supp)  as  inserted  by  1959,  106:1  the  following  new  section: 
139:4-b  Executive  Secretary.  The  commission  is  authorized  to  employ 
an  executive  secretary  who  shall  be  in  charge  of  the  office  of  said  commis- 
sion, and  who  shall,  subject  to  the  supervision  of  the  commission,  au- 
thorize the  expenditure  of  funds  available  to  the  commission  for  clinics, 
state  aid  and  for  other  purposes  of  the  commission,  and  who  shall  perform 
such  other  duties  as  the  commission  may  delegate  to  said  secretary, 

234:2  Takes  Effect.   This  act  shall  take  effect  as  of  July  H,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  235. 

AN   ACT  TO  GIVE  AUTHORITY  TO  THE  DIRECTOR  OF  THE  DIVISION  OF  MENTAL 

HEALTH  TO  MAKE  TRANSFERS  OF  RESIDENTS  BETWEEN  THE 

LACONIA  STATE  SCHOOL  AND  THE  STATE  HOSPITAL. 

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

235:1  Director  of  Mental  Health.  Amend  RSA  171  by  inserting 
after  section  14  (supp)  as  amended  by  1955,  314:1,  the  following  new 
section:  171:14-a  Transfer  of  Patients.  Whenever  in  the  opinion  of  the 
director  of  the  division  of  mental  health  the  transfer  of  a  resident  of  the 
Laconia  state  school  to  the  state  hospital,  or  the  transfer  of  a  resident  of 
the  state  hospital  to  the  Laconia  state  school,  is  necessary  for  purposes  of 
therapy  and  in  the  best  interest  of  such  resident,  he  may  make  such 
transfer  accordingly.  Upon  making  such  transfer,  the  director  shall  forth- 


1963]  Chapter  236  431 

with  in  writing  notify  the  commissioner  of  health  and  welfare  thereof, 
and  shall  give  his  reasons  therefor. 

235:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  236. 

AN  ACT  PROVIDING  ADDITIONAL  RETIREMENT  ALLOWANCES  FOR  CERTAIN 

RETIRED  TEACHERS. 

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

236:1  Teachers'  Retirement  System.  Amend  RSA  il92  by  inserting 
after  section  23  (supp)  as  inserted  by  1961,  85:1,  the  following  new  sec- 
tion: 192:24  1964  Allowances.  Any  beneficiary  who  retired  prior  to  July 
1,  1957  and  who  is  in  receipt  of  a  retirement  allowance  on  January  1, 
1964  including  any  teacher  retired  under  the  teachers'  retirement  system 
as  established  by  chapter  136,  Revised  Laws,  shall  beginning  with  the 
month  of  January  1964  and  monthly  thereafter  but  not  beyond  the  month 
of  December  1964  have  his  allowance  increased  in  the  proportion  which 
the  Consumers  Price  Index  issued  by  the  United  States  Department  of 
Labor,  Bureau  of  Labor  Statistics,  for  the  month  of  November  1962  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-two  dollars  for  each  year  of  creditable  serv- 
ice at  retirement  not  exceeding  thirty  years,  and  in  the  case  of  disability 
beneficiaries,  such  increased  retirement  allowance  shall  be  at  least  forty 
dollars  for  each  year  of  creditable  service  at  retirement  not  exceeding 
thirty  years.  Provided,  however,  if  any  such  beneficiary  has  filed  an  elec- 
tion in  accordance  with  RSA  13,  II,  his  retirement  allowance  shall  be 
increased  for  said  period  only  in  the  proportion  which  the  Consumers 
Price  Index  issued  by  the  United  States  Department  of  Labor,  Bureau  of 
Labor  Statistics,  for  the  month  of  November  1962  bears  to  the  corre- 
sponding 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 
providing  for  a  survivor  annuity  is  in  receipt  of  such  survivor  annuity 
on  January  1,  1964,  such  beneficiary  shall  be  paid  beginning  with  the 


432  Chapter  237  [1963 

month  of  January  1964  and  monthly  thereafter  but  not  beyond  the  month 
of  December  1964  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,  1964  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  allow- 
ance and  the  retirement  allowance  said  beneficiary  is  then  receiving,  as 
of  December  31,  1963  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,  1964  to  December  31,  1964.  Nothing  herein  shall 
be  construed  as  affecting  the  regular  retirement  allowance  of  any  bene- 
ficiary. The  payment  of  the  additional  retirement  allowances  payable 
hereunder  shall  be  contingent  on  the  payment  by  the  state  of  the  addi- 
tional amounts  required  to  meet  the  current  disbursements  of  such 
additional  retirement  allowances. 

236:2  Appropriation.  In  order  to  provide  funds  for  the  payment 
of  the  supplemental  allowances  provided  under  RSA  192:24  as  herein- 
before inserted,  the  sum  of  seventy-six  thousand,  three  hundred  and 
thirty-one  dollars  is  hereby  appropriated  for  the  fiscal  year  ending  June 
30,  1964  and  the  sum  of  seventy-six  thousand,  three  hundred  and  thirty- 
one  dollars  is  hereby  appropriated  for  the  fiscal  year  ending  June  30, 
1965.  The  first  sum  herein  mentioned  shall  be  expended  by  the  teachers' 
retirement  system  for  the  payment  of  supplemental  benefits  for  the  period 
from  January  1,  4964  to  June  30,  1964,  and  the  second  sum  herein  men- 
tioned shall  be  expended  by  said  system  for  the  payment  of  supplemental 
benefits  for  the  period  from  July  1,  1964  to  December  31,  1964.  The  gov- 
ernor is  authorized  to  draw  his  warrant  for  the  sums  hereby  appropriated 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

236:3  Takes  Effect.  This  act  shall  take  eff'ect  on  January  1,  1964. 
[Approved  July  2,  1963.] 
[Effective  January  1,  1964.] 


CHAPTER  237. 

AN  ACT  RELATING  TO  HOURS  OF  LABOR,  ONE  DAY  REST  IN  SEVEN,  AND 
PAYMENT  OF  WAGES. 

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

237:1    Hours  of  Labor.    Amend  RSA  275  by  inserting  after  275:19 
the  following  new  section:    275:19-a    Extra  Time  on  Special  License. 


1963]  Chapter  237  433 

Manufacturing  establishments  working  on  government  orders  for  na- 
tional defense  may  be  granted  a  special  license  in  excess  of  eight  weeks  in 
a  six-month  period  at  the  discretion  of  the  labor  commissioner. 

237:2  One  Day  Rest  in  Seven.  Amend  RSA  275  by  inserting  after 
275:33-a  (supp)  as  inserted  by  1959,  183:1,  the  following  new  section: 
275:33-b  Special  Agreement.  Employers  may  be  exempt  from  sections 
32  and  33  where  mutual  agreements  are  reached  between  employer  and 
employees,  after  approval  of  the  labor  commissioner  where  it  appears  for 
the  best  interests  of  all  parties  concerned. 

237:3  Payment  of  Wages.  Amend  RSA  275  by  striking  out  sections 
42  through  50  and  inserting  in  place  thereof  the  following:  275:42 
Definitions.  Whenever  used  in  this  act:  I.  The  term  "employer"  includes 
any  individual,  partnership,  association,  joint  stock  company,  trust,  cor- 
poration, the  administrator  or  executor  of  the  estate  of  a  deceased  indi- 
vidual, or  the  receiver,  trustee,  or  successor  of  any  of  the  same,  employing 
any  person,  except  employers  of  domestic  labor  in  the  home  of  the  em- 
ployer, or  farm  labor  where  less  than  five  persons  are  employed. 

II.  The  term  "employee"  includes  any  person  suffered  or  permitted 
to  work  by  an  employer. 

III.  The  term  "wages"  means  compensation  for  labor  or  services 
rendered  by  an  employee,  whether  the  amount  is  determined  on  a  time, 
task,  piece,  commission,  or  other  basis  of  calculation. 

IV.  The  term  "commissioner"  means  the  commissioner  of  labor. 

V.  For  the  purposes  of  this  act  the  officers  of  a  corporation  and  any 
agents  having  the  management  of  such  corporation  who  knowingly  per- 
mit the  corporation  to  violate  the  provisions  of  sections  43  and  44  of  this 
act  shall  be  deemed  to  be  the  employers  of  the  employees  of  the  corpora- 
tion. 

275:43  Weekly.  I.  Every  employer  shall  pay  all  wages  due  to  his 
employees  who  work  by  the  hour  or  day  within  eight  days  including  Sun- 
day after  expiration  of  the  week  in  which  the  work  is  performed,  on  regu- 
lar paydays  designated  in  advance  by  the  employer,  in  lawful  money  of 
the  United  States  or  with  checks  on  banks  convenient  to  the  place  of 
employment  where  suitable  arrangements  are  made  for  the  cashing  of 
such  checks  by  employees  for  the  full  amount  of  the  wages  due. 

II.  The  commissioner  may,  upon  application  showing  good  and 
sufficient  reasons,  permit  an  employer  as  described  in  section  1  to  estab- 
lish regular  pay  days  less  frequently  than  weekly  provided  that  the 
worker  shall  be  paid  in  full  at  least  once  each  calendar  month  on  a  regu- 
larly established  schedule. 

275:44    Employees   Separated   from   Payroll   before   Pay   Days.     I. 

Whenever  an  employer  discharges  an  employee,  the  employer  shall  pay 
the  employee's  wages  in  full  within  seventy-two  hours. 


434  Chapter  237  [1963 

II.  Whenever  an  employee  quits  or  resigns,  the  employer  shall  pay 
the  employee's  wages  no  later  than  the  next  regular  payday,  as  provided 
under  section  43  of  this  act,  either  through  the  regular  pay  channels  or 
■by  mail  if  requested  by  the  employee,  except  that  if  the  employee  gives 
at  least  one  pay  period's  notice  of  intention  to  quit  the  employer  shall 
pay  all  wages  earned  by  the  employee  within  seventy-two  hours. 

III.  When  work  of  any  employee  is  suspended  as  a  result  of  a  labor 
dispute,  or  when  an  employee  for  any  reason  whatsoever  is  laid  off,  the 
employer  shall  pay  in  full  to  such  employee  not  later  than  the  next  regu- 
lar payday,  as  designated  under  section  43  of  this  act,  either  through  the 
regular  pay  channels  or  by  mail  if  requested  by  the  employee,  wages 
earned  at  the  time  of  suspension  or  layoff. 

IV.  If  an  employer  willfully  and  without  good  cause  fails  to  pay 
an  employee  wages  as  required  under  subsections  I,  II  or  III  of  this  sec- 
tion, such  employer  shall  be  additionally  liable  to  the  employee  for 
liquidated  damages  in  the  amount  of  ten  per  cent  of  the  unpaid  wages 
for  each  day  except  Sunday  and  legal  holidays  upon  which  such  failure 
continues  after  the  day  upon  which  payment  is  required  or  in  an  amount 
equal  to  the  unpaid  wages,  whichever  is  smaller;  except  that,  for  the  pur- 
pose of  such  liquidated  damages  such  failure  shall  not  be  deemed  to 
continue  after  the  date  of  filing  of  a  petition  in  bankruptcy  with  respect 
to  the  employer  if  he  is  adjudicated  bankrupt  upon  such  petition. 

275:45    Unconditional  Payment  of  Wages  Conceded  to  be  Due.    I. 

In  case  of  a  dispute  over  the  amount  of  wages,  the  employer  shall  pay, 
without  condition  and  within  the  time  set  by  this  act,  all  wages,  or  parts 
thereof,  conceded  by  him  to  be  due,  leaving  to  the  employee  all  remedies 
he  might  otherwise  be  entitled  to,  including  those  provided  under  this 
act,  as  to  any  balance  claimed. 

II.  The  acceptance  by  an  employee  of  a  payment  under  this  section 
shall  not  constitute  a  release  as  to  the  balance  of  his  claim  and  any  release 
required  by  an  employer  as  a  condition  of  payment  shall  be  in  violation 
of  this  act  and  shall  be  null  and  void. 

275:46  Prime  Contractor's  Responsibility  for  Wage  Payments.  When- 
ever any  person  shall  contract  with  another  for  the  performance  of  any 
work  which  the  contracting  person  has  undertaken  to  perform  on  a  com- 
mon site  or  location,  he  shall  become  civilly  liable  to  employees  engaged 
in  the  performance  of  work  under  such  contract  for  the  payment  of  wages, 
exclusive  of  liquidated  damages,  as  required  by  sections  43,  44  and  45 
of  this  act,  whenever  and  to  the  extent  that  the  employer  of  such  em- 
ployees fails  to  pay  such  wages,  and  the  employer  of  such  employees  shall 
be  liable  to  such  person  for  any  wages  paid  by  him  under  this  section. 

275:47  Deceased  Employees.  I.  In  the  event  of  the  death  of  an  em- 
ployee wages  due  him  by  an  employer  not  in  excess  of  three  hundred 


1963]  Chapter  237  435 

dollars  may  upon  proper  demand  be  paid,  in  the  absence  of  actual  notice 
of  the  pendency  of  probate  proceedings,  without  requiring  letters  testa- 
mentary or  of  administration  in  the  following  order  of  preference  to 
decedents  [descendants]:  In  accordance  with  the  laws  of  intestacy  for 
the  state  of  New  Hampshire. 

II.  Payments  under  subsection  'I  shall  be  a  release  and  discharge 
of  the  employer  to  the  amount  of  such  payment. 

275:48  Withholding  of  Wages.  No  employer  may  withhold  or  di- 
vert any  portion  of  an  employee's  wages  unless: 

I.  The  employer  is  required  or  empowered  to  do  so  by  state  or 
federal  law,  or 

II.  The  employer  has  a  written  authorization  by  the  employee  for 
deductions  for  a  lawful  purpose  accruing  to  the  benefit  of  the  employee 
as  provided  in  regulations  issued  by  the  commissioner, 

III.  The  deductions  are  pursuant  to  any  rules  or  regulations  for 
medical,  surgical,  or  hospital  care  or  service,  without  financial  benefit  to 
the  employer  and  openly,  clearly,  and  in  due  course  recorded  in  the  em- 
ployer's books. 

275:49   Notification,  Posting,  and  Records.   Every  employer  shall: 

I.  Notify  the  employees,  at  the  time  of  hiring  of  the  rate  of  pay,  and 
of  the  day  and  place  of  payment. 

II.  Notify  his  employees  of  any  changes  in  the  arrangements  speci- 
fied above  prior  to  the  time  of  such  changes. 

III.  Make  available  to  his  employees  in  writing  or  through  a  posted 
notice  maintained  in  a  place  accessible  to  his  employees  employment 
practices  and  policies  with  regard  to  vacation  pay,  sick  leave,  and  other 
fringe  benefits. 

IV.  Furnish  each  employee  with  a  statement  of  deductions  made 
from  his  wages  under  section  48  for  each  pay  period  such  deductions 
are  made, 

V.  Keep  posted  in  a  place  accessible  to  his  employees  an  abstract  of 
this  act  furnished  by  the  commissioner,  and 

VI.  Make  such  records  of  the  persons  employed  by  him,  including 
wage  and  hour  records,  preserve  such  records  for  such  periods  of  time, 
and  make  such  reports  therefrom  to  the  commissioner,  as  the  commis- 
sioner shall  prescribe  by  regulation  as  necessary  or  appropriate  for  the 
enforcement  of  the  provisions  of  this  act. 

275:50  Waiver  Prohibited.  Except  as  provided  in  section  53,  no 
provision  of  this  act  may  in  any  way  be  contravened  or  set  aside  by  private 
agreement. 


436  Chapter  237  [1963 

237:4  Authority  of  Commissioner.  Amend  RSA  275  by  inserting 
after  section  50  the  following  new  sections:  275:51  Enforcement.  I.  The 
commissioner  shall  enforce  and  administer  the  provisions  of  this  act 
and  the  commissioner  or  his  authorized  representatives  are  empowered 
to  hold  hearings  and  otherwise  to  investigate  charges  of  violations  of  this 
act  and  to  institute  actions  for  penalties  hereunder. 

II.  The  commissioner  or  his  authorized  representatives  are  em- 
powered to  enter  and  inspect  such  places,  question  such  employees,  and 
investigate  such  facts,  conditions,  or  matters  as  they  may  deem  appropri- 
ate, to  determine  whether  any  person  has  violated  any  provision  of  this 
act  or  any  rule  or  regulation  issued  hereunder  or  which  may  aid  in  the 
enforcement  of  the  provisions  of  this  act. 

III.  The  commissioner  or  his  authorized  representatives  shall  have 
power  to  administer  oaths  and  examine  witnesses  under  oath,  issue  sub- 
poenas, compel  the  attendance  of  witnesses,  and  the  production  of  papers, 
books,  accounts,  records,  payrolls,  documents,  and  testimony,  and  to  take 
depositions  and  affidavits  in  any  proceeding  before  said  commissioner. 

IV.  In  case  of  failure  of  any  person  to  comply  with  any  subpoena 
lawfully  issued,  or  on  the  refusal  of  any  witness  to  testify  to  any  matter 
regarding  which  he  may  be  la^vfully  interrogated,  it  shall  be  the  duty  of 
the  municipal  court,  on  application  by  the  commissioner,  to  compel 
obedience  by  attachment  proceedings  for  contempt,  as  in  the  case  of  dis- 
obedience of  the  requirements  of  a  subpoena  issued  from  such  court  or  a 
refusal  to  testify  therein. 

275:52  Penalties.  Any  employer  who  wilfully  violates  any  provision 
of  sections  43  or  44  of  this  act  or  who  wilfully  fails  to  comply  with  any 
other  requirements  of  this  act,  shall  be  guilty  of  a  misdemeanor  and,  up- 
on conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  twenty-five  dollars,  for  each  separate  offense,  or 
by  imprisonment  of  not  less  than  ten  days  or  more  than  one  year,  or  by 
both  such  fine  and  imprisonment. 

275:53  Employees'  Remedies.  I.  Action  by  an  employee  to  recover 
unpaid  wages  and/or  liquidated  damages  may  be  maintained  in  any  court 
of  competent  jurisdiction  by  any  one  or  more  employees  for  and  in  be- 
half of  himself  or  themselves,  or  such  employee  or  employees  may  desig- 
nate an  agent  or  representative  to  maintain  such  action. 

II.  Whenever  the  commissioner  determines  that  wages  have  not 
been  paid,  and  that  such  unpaid  wages  constitute  an  enforceable  claim, 
the  commissioner  shall  upon  the  request  of  the  employee  take  an  assign- 
ment in  trust  for  such  wages  and/or  any  claim  for  liquidated  damages, 
without  being  boimd  by  any  of  the  technical  rules  respecting  the  validity 
of  any  such  assignments  and  may  bring  any  legal  action  necessary  to 
collect  such  claim.  With  the  consent  of  the  assigning  employee  at  the 


1963]  Chapter  238  437 

time  of  the  assignment  the  commissioner  shall  have  the  power  to  settle 
and  adjust  any  such  claim  to  the  same  extent  as  might  the  assigning  em- 
ployee. 

III.  The  court  in  any  action  brought  under  this  subsection  may,  in 
addition  to  any  judgment  awarded  to  the  plaintiff  or  plaintiffs,  allow 
costs  of  the  action,  and  reasonable  attorney's  fees,  to  be  paid  by  the  de- 
fendant. Such  attorney's  fees  in  the  case  of  actions  brought  under  this 
subsection  by  the  commissioner  shall  be  remitted  by  the  commissioner 
to  the  state  treasurer.  The  commissioner  shall  not  be  required  to  pay 
the  filing  fee  or  other  costs  or  fees  of  any  nature  or  to  file  bond  or  other 
security  of  any  nature  in  connection  with  such  action  or  proceedings 
supplementary  thereto,  or  as  a  condition  precedent  to  the  availability 
to  the  commissioner  of  any  process  in  aid  of  such  action  or  proceedings. 
The  commissioner  shall  have  power  to  join  various  claimants  in  one  pre- 
ferred claim  or  lien,  and  in  case  of  suit  to  join  them  in  one  cause  of  action. 

275:54  Rules  and  Regulations.  The  commissioner  is  authorized  to 
issue  such  rules  and  regulations  as  he  determines  necessary  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act. 

275:55  Separability  of  Provisions.  If  any  provision  of  this  act,  or  the 
application  thereof  to  any  person  or  circumstance,  is  held  invalid,  the 
remainder  of  the  act,  and  the  application  of  such  provision  to  other  per- 
sons or  circumstances  shall  not  be  affected  thereby. 

237:5   Takes  Effect.   This  act  shall  take  effect  sixty  days  after  passage. 
[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  238. 

AN  ACT  RELATIVE  TO  POLICEMEN'S  RETIREMENT  SYSTEM. 

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

238:1  Policemen's  Retirement  System.  Amend  RSA  103:2  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  103:2 
Definition.  The  words  "permanent  policeman"  as  used  herein  shall  mean 
any  person,  male  or  female,  who  is  a  chief,  deputy  chief,  marshal,  deputy 
marshal,  colonel,  major,  captain,  lieutenant,  sergeant,  officer  of  other 
rank,  inspector,  chief  clerk,  clerk,  radio  dispatcher,  radio  engineer  or 
operator,  patrolman,  trooper,  detective,  investigator,  mechanic,  elec- 
trician, laboratory  worker  or  other  technical  expert  regularly  employed 
on  full  time  duty  by  a  police  department  or  police  force  of  the  state,  or 
of  any  city,  town,  village  or  precinct  in  the  state. 


438  Chapter  238  [1963 

238:2  Retirement  Fund.  Amend  RSA  103:7  (supp)  as  amended  by 
1957,  50:2,  189:1  and  1961,  191:1  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:  103:7  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  who  ac- 
cept the  provisions  hereof.  Unless  and  until  changed  by  the  board,  such 
rate  of  assessment  shall  be  six  and  eighty-five  one-hundredths  per  cent 
of  each  policeman's  annual  salary,  except,  that  in  the  case  of  any  police- 
man employed  by  a  city  having  a  population  of  more  than  thirty-four 
thousand  inhabitants  and  until  the  governing  body  of  said  city  shall 
elect  to  discontinue  its  present  policy  of  paying  a  supplementary  retire- 
ment benefit  to  any  permanent  policeman  employed  by  the  city  who 
may  thereafter  be  granted  a  retirement  benefit  under  the  provisions  of 
the  New  Hampshire  Policemen's  Retirement  System,  no  assessment  shall 
be  made  upon  that  part  of  his  annual  salary  in  excess  of  two  thousand  four 
hundred  dollars.  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  under  this  section  shall  be  payable  in  equal 
monthly  instalments  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,  who 
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  before 
provided.  All  permanent  policemen  who  shall  accept  the  provisions  here- 
of 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  aforesaid. 
Anything  in  this  section  to  the  contrary  notwithstanding,  any  policeman 
who  is  over  thirty-five  years  of  age  at  the  time  he  accepts  the  provisions  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  accord- 
ance with  the  following  table: 

Age  at  Accepting  the  Pro-  Percentage  Rate 

visions  of  the  Chapter  of  Assessment 

36  6.907o 

37  6.95 

38  7.00 

39  7.05 


1963] 


Chapter  238 

40 

7.10 

41 

7.16 

42 

7.22 

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 

439 


238:3  State  Payments.  Amend  RSA  103:10  (supp)  as  amended  by 
1961,  191:2  by  striking  out  said  section  and  inserting  in  place  thereof  the 
following:  103:10  Contributions  by  State.  On  account  of  each  police- 
man accepting  the  provisions  hereof,  there  shall  be  appropriated  annually 
by  the  state  for  the  purposes  of  this  act  a  current  service  contribution  of 
three  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  ninety 
thousand  dollars  annually,  and  the  governor  is  hereby  authorized  to 
draw  his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not  other- 
wise appropriated.  Of  the  assessments  made  upon  the  state  on  account  of 
employees  of  the  state  police  department,  under  the  provisions  of  section 
9,  eighty-five  per  cent  thereof  shall  be  a  charge  upon  the  revenues  of  the 
department  of  public  safety  from  motor  vehicle  registration,  and  the  bal- 
ance shall  be  a  charge  upon  the  general  funds  of  the  state  and  the  gov- 
ernor is  hereby  authorized  to  draw  his  warrant  for  said  balance  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

238:4  Twenty-five  Years  Service.  Amend  RSA  103:12  (supp)  as 
amended  by  1957,  50:3,  189:2  andil961,  191:3  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  twenty-five  continuous  years,  after  having  attained  the  age  of 
fifty  years,  or  after  reaching  the  age  of  sixty-five  regardless  of  his  period 


440  Chapter  238  [1963 

of  service  as  a  permanent  policeman.  All  permanent  policemen  who  ac- 
cept the  provisions  hereof  and  who  have  served  as  permanent  policemen 
for  twenty-five  continuous  years  shall  retire  from  active  service  at  the  age 
of  seventy.  Any  permanent  policeman  accepting  the  provisions  hereof 
who  shall  be  dismissed  from  service  after  having  served  as  a  permanent 
policeman  for  a  period  of  twenty-five  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  bene- 
fits of  this  chapter.  Upon  retirement  a  permanent  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. 

238:5  Amount.  Amend  RSA  103:14  (supp)  as  amended  by  1957, 
50:4  189:3  and  1961,  191:4  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  and  who  shall  have  complied  with  all  the  provisions  hereof 
and  with  the  rules  and  regulations  of  the  board,  shall  be  entitled  to  re- 
ceive 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  in  the  last  ten  years  next  preceding  his  retirement  during  which 
his  annual  salary  was  the  highest,  as  determined  by  the  board,  but  in  no 
event  shall  this  sum  be  less  than  twelve  hundred  dollars;  provided,  how- 
ever, that  in  the  case  of  a  policeman  employed  by  a  city  having  a  popula- 
tion of  more  than  thirty-four  thousand  inhabitants,  such  sum  shall  be 
equal  to  one-half  of  the  assessed  part  of  his  average  annual  salary  for 
the  five  years  next  preceding  his  retirement;  and  further  provided,  that 
if  at  the  time  of  his  retirement  he  shall  have  served  as  a  permanent  police- 
man for  a  period  of  less  than  twenty-five  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  twenty- 
five.  Anything  to  the  contrary  notwithstanding,  an  appropriate  adjust- 
ment, 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  or  if  at  any  time  subsequent  to  July 
1,  1961  or  the  date  of  such  acceptance,  if  later,  the  rate  of  assessment  has 
been  less  than  six  and  eighty-five  one-hundredths  per  cent  of  his  annual 
salary.  Retirement  benefits  shall  be  paid  in  equal  monthly  instalments  on 
the  first  business  day  of  each  calendar  month. 


1963]  Chapter  238  441 

238:6  Death  or  Permanent  Disability.  Amend  RSA  103:15  (supp) 
as  amended  by  1957,  189:4  and  1961,  191:5  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  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,  because  of  injury  received  in  the  actual  performance  of  his  duty, 
may  be  retired  by  the  board,  and  shall  be  entitled  to  the  benefits  here- 
under 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  disability,  as  determined  by  the  board,  but  in  no  case  shall  such  pay- 
ment be  less  than  twelve  hundred  dollars  per  year.  Any  permanent  po- 
liceman accepting  the  provisions  hereof,  who  has  performed  faithful 
service  in  his  department  for  at  least  twenty  years  and  who  shall  become 
permanently  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  in  the  last  ten  years  next  preceding  the  date  of  such  permanent 
and  total  incapacity  during  which  his  annual  salary  was  the  highest,  as 
determined  by  the  board,  but  in  no  case  shall  such  payment  be  less  than 
twelve  hundred  dollars  per  year;  provided,  that  if  at  the  date  of  his  in- 
capacity he  shall  not  have  completed  twenty-five  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  twenty-five,  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  inhabitants, 
such  sum  shall  not  exceed  one-half  of  the  assessed  part  of  his  annual  sal- 
ary at  retirement.  However,  an  appropriate  adjustment,  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 
disabled  because  of  injury  in  the  actual  performance  of  duty  or  incapaci- 
tated from  performing  useful  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  as- 
sessable part  of  his  annual  salary  has  been  less  than  five  and  three-fourths 
per  cent  or  if  at  any  time  subsequent  to  July  1,  1961  or  the  date  of  such 
acceptance,  if  later,  the  rate  of  assessment  has  been  less  than  six  and  eighty- 
five  one-hundredths  per  cent  of  his  annual  salary.  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 


442  Chapter  238  [1963 

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  with- 
out remarrying  and  leaves  a  minor  child  or  children,  the  payment  shall 
continue  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  or  designated  beneficiary  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  child  or  children  under  age  eighteen  shall  receive,  in 
addition  to  the  amount  payable  under  section  16  hereof,  a  lump  sum 
equal  to  three  thousand  six  hundred  dollars,  except  in  the  case  of  a  police- 
man employed  by  a  city  having  a  population  of  more  than  thirty-four 
thousand  inhabitants,  in  which  case  the  lump  sum  shall  not  exceed  the 
amount  of  the  assessed  part  of  his  annual  salary  at  his  death. 

238:7  Policemen.  Amend  RSA  103:^16  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  103:16  Resignation,  Dis- 
missal and  Reinstatement.  Any  permanent  policeman  accepting  the  pro- 
visions hereof  who  shall  resign  or  be  dismissed  from  service  before  be- 
coming eligible  for  retirement  and  the  estate  or  designated  beneficiary 
of  any  such  permanent  policeman  who  may  die  before  becoming  eligible 
for  retirement,  not  as  the  result  of  an  injury  received  in  line  of  duty,  shall 
be  entitled  to  receive  from  the  retirement  fund  all  payments  made  there- 
to by  him,  without  interest,  and  minus  a  fixed  charge  as  the  board  may 
prescribe.  Upon  resignation  or  dismissal  from  service  a  permanent  po- 
liceman shall  no  longer  be  obligated  to  pay  assessments  to  the  retirement 
fund.  Any  permanent  policeman,  resigned  or  dismissed  from  service  as 
aforesaid  may,  if  he  thereafter  re-enters  service  as  a  permanent  policeman, 
be  reinstated  to  the  benefits  hereunder  upon  payment  to  the  board  of  all 
assessments  which  might  have  been  assessed  against  him  from  the  date 
of  his  original  acceptance  hereof  to  his  resignation  or  dismissal  and  upon 
reinstatement  he  shall  thereafter  make  the  payments  to  the  retirement 
fund  prescribed  by  the  board  under  section  7. 

238:8  Designated  Beneficiary.  Amend  RSA  103:17  (supp)  as  amend- 
ed by  1961,  191:6  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  103:17  Compensation  Upon  Death  After  Retire- 
ment. The  estate  or  designated  beneficiary  of  any  permanent  policeman 
who  shall  die  after  having  retired  under  the  provisions  of  section  14  or 


1963]  Chapter  239  443 

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,  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  the  lump  sum  shall  not  exceed  the 
amount  of  the  assessed  part  of  his  annual  salary  at  retirement. 

238:9  Appropriation.  For  the  purpose  of  paying  the  state's  share 
for  the  policemen's  retirement  system  for  the  fiscal  year  ending  June  30, 
1964,  there  is  hereby  appropriated  the  sum  of  ninety-four  thousand,  four 
hundred  and  fifty-seven  dollars,  and  a  like  sum  is  hereby  appropriated 
for  the  fiscal  year  ending  June  30,  1965.  The  sums  hereby  appropriated 
shall  be  a  charge  upon  the  funds  of  the  state  as  provided  in  RSA  103:10 
as  hereinbefore  amended. 

238:10   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  239. 

AN  ACT  RELATIVE  TO  THE  STOCK  IN  TRADE  TAX. 

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

239:1  Personal  Estate.  Amend  paragraph  I  of  RSA  72:15  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following:  I. 
Stock  in  Trade.  Stock  in  trade,  whether  of  merchants,  shopkeepers,  me- 
chanics or  tradesmen  employed  in  their  trade  or  business,  reckoning  the 
same  at  the  average  value  thereof  for  the  year;  and  for  purposes  of  taxa- 
tion, raw  materials  and  manufactures  of  any  manufactory,  wood,  timber, 
logs,  and  lumber,  manufactured  or  otherwise,  if  exceeding  fifty  dollars 
in  value,  and  fishing  vessels,  steamboats,  or  other  vessels  owned  by  in- 
dividuals and  navigating  the  waters  of  the  state  for  the  transportation  of 
passengers  or  freight,  and  seagoing  vessels  shall  be  deemed  stock  in  trade, 
except  as  provided  in  section  21  of  this  chapter,  and  in  chapter  73,  section 
15  of  the  Revised  Statutes  Annotated.  All  manufactures  of  a  manufactory 
held  by  the  manufacturer  after  the  title  has  passed  to  a  bona  fide  pur- 
chaser, for  delivery  outside  of  this  state,  sometimes  called  "bill  and  hold 
goods",  shall  not  be  subject  to  taxation. 

239:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


444  Chapter  241  [1963 

CHAPTER  240. 

AN  ACT  RELATIVE  TO  CONTESTED  ELECTIONS. 

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

240:1  Contested  Elections.  Amend  RSA  67:1  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  67:1  Notice.  When- 
ever any  person  intends  to  contest  the  election  of  a  senator  or  a  repre- 
sentative he  shall  give  to  him  a  notice  in  writing  of  such  contest,  with 
the  reasons  thereof.  Said  notice  shall  be  given  by  certified  mail,  return 
receipt  requested,  postmarked  on  or  before  December  fifteenth  next 
following  the  election.  At  the  time  the  notice  is  given  to  the  senator  or 
representative  a  copy  thereof  shall  be  forwarded  to  the  secretary  of  state. 

240:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  241. 

AN  ACT  RELATIVE  TO  RECOUNTS. 

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

241:1  Number  of  Signatures.  Amend  RSA  59  by  inserting  after 
section  97  the  following  new  section:  59:97-a  A  petition  for  a  recount 
shall  contain  the  following  number  of  signatures  as  to  the  respective 
offices;  governor.  United  States  senator,  or  other  officer  voted  for  through- 
out the  state,  twenty-five  hundred;  representative  in  congress,  fifteen 
hundred;  councilor,  or  a  county  officer,  or  state  senator,  one  thousand; 
member  of  the  house  of  representatives,  supervisor  of  the  checklist,  mod- 
erator, ward  clerk  or  selectman,  where  selectmen  are  elected  at  the  bien- 
nial election,  one  hundred  fifty. 

241:2  Fees.  Amend  RSA  56:59  by  striking  out  said  section  and  in- 
serting in  place  thereof  the  following:  56:59  Fees.  No  candidate  shall  be 
entitled  to  a  recount  unless  he  shall  pay  to  the  secretary  of  state,  at  the 
time  of  filing  his  application  therefor,  fees,  as  follows:  If  a  candidate  for 
governor.  United  States  senator  or  other  officer  voted  for  throughout  the 
state,  five  hundred  dollars;  for  representative  in  congress,  two  hundred 
fifty  dollars;  for  councilor,  one  hundred  fifty  dollars;  for  a  county  officer 
or  state  senator,  fifty  dollars;  for  member  of  the  house  of  representatives, 
supervisor  of  the  check-list,  moderator,  ward  clerk  or  selectmen  where 
selectmen  are  elected  at  the  biennial  election,  twenty  dollars. 


1963]  Chapter  242  445 

241:3  Biennial  Elections,  Recounts.  Amend  RSA  59:94  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following:  59:94  Bien- 
nial Elections.  If  any  candidate,  excepting  candidates  for  county  offices 
and  excepting  as  otherwise  provided  in  this  section,  for  whom  a  vote  was 
cast  and  recorded  for  any  office  at  a  biennial  election  shall,  before  the 
expiration  of  ten  days  thereafter,  apply  in  writing  to  the  secretary  of  state 
for  a  recount  of  all  the  ballots  cast  and  recorded  for  such  office  and  shall 
state  in  his  application  the  names  of  all  opposing  candidates,  the  secretary 
of  state  shall  appoint  a  time  for  the  recount  not  earlier  than  ten  days 
after  the  receipt  of  the  application.  No  person  shall  be  entitled  to  a  re- 
count upon  his  own  application  unless  the  difference  between  the  vote 
cast  for  him,  and  the  vote  cast  for  his  closest  opposing  candidate  who 
received  sufficient  votes  to  be  declared  elected  shall  be  one  per  cent  or 
less  of  the  total  vote  so  cast  for  such  office  or  for  such  candidates.  If  such 
difference  is  greater  than  one  per  cent  the  application  of  a  person  shall 
require  payment  to  the  secretary  of  state  of  the  applicable  fee  as  pro- 
vided for  in  RSA  56:59,  the  number  of  signatures  of  qualified  voters  as 
provided  by  RSA  59:97-a  and  shall  be  in  the  same  manner  and  form  as 
provided  in  RSA  56:65,  except  that  in  no  event  shall  the  number  of  sig- 
natures so  required  exceed  ten  per  cent  of  the  total  vote  so  cast  or,  in 
lieu  of  the  signatures  and  fee  herein  required,  a  person  may  agree  in 
writing  with  the  secretary  of  state  to  pay  the  full  expense  of  such  recount, 
in  which  event  he  shall  deposit  with  said  secretary  an  amount  of  money 
reasonably  estimated  to  cover  such  expense,  which  shall  be  subject  to  an 
accounting  at  the  conclusion  of  said  recount.  Any  person  who  has  re- 
quested a  recount,  if  declared  elected  by  reason  of  said  recount,  shall  be 
entitled  to  a  full  refund  of  the  fee  or  deposit  paid  by  him.  All  contested 
elections  for  county  offices  shall  be  determined  in  accordance  with  the 
provisions  of  RSA  chapter  64. 

241:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  242. 

AN  ACT  RELATIVE  TO  SCHOOL  DISTRICT  BUDGET  AND  APPROVAL  OF  TAX  RATE 

BY  TAX  COMMISSION. 

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

242:1    Change  of  Time.   Amend  RSA  198:10-a  (supp)  as  inserted  by 
1955,  331:1  by  striking  out  the  word  "first"  in  the  first  line  and  inserting 


446  Chapter  244  [1963 

in  place  thereof  the  word,  thirtieth,  so  that  said  section  as  amended  shall 
read  as  follows:  198:10-a  Time  of  Computation.  Before  June  thirtieth 
in  each  year  the  state  board  of  education  shall  cause  to  be  computed  the 
amount  of  foundation  aid  to  be  paid  to  eligible  school  districts  in  the 
succeeding  fiscal  year.  The  computation  shall  be  based  upon  the  most 
recently  available  equalized  valuation  of  each  school  district  and  the 
average  daily  membership  in  approved  public  schools  in  each  school 
district  for  the  preceding  year.  Whenever  it  shall  appear  or  be  made  to 
appear  to  the  tax  commission  that  circumstances  have  so  changed  in  any 
school  district  from  one  year  to  another  that  the  use  of  the  most  recently 
available  equalized  valuation  is  unfair,  unjust  or  inequitable,  the  tax 
commission  shall  determine  what  changes  or  modifications  shall  be  made 
in  the  equalized  valuation  of  such  district.  The  tax  commission  shall 
certify  such  changed  equalized  valuation  to  the  state  board  of  education 
by  May  first.  The  state  board  of  education  shall  use  such  changed  equal- 
ized valuations  in  computing  the  foundation  aid  to  which  such  district 
is  entitled. 

242:2   Takes  Effect.   This  act  shall  take  effect  July  1,  il963. 
[Approved  July  2,  1963.] 
[Effectiveasof  July  1,1963.] 


CHAPTER  243. 

AN  ACT  RELATIVE  TO  BONDING  COUNTY  EMPLOYEES. 

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

243:1  Bonding  County  Employees.  Amend  RSA  chapter  27  by  add- 
ing at  the  end  thereof  the  following  new  section:  27:16  Bonding  Em- 
ployees. The  county  convention  may  by  vote  require  the  bonding  of  any 
employee  of  the  county, 

243:2   Takes  Effect.   This  act  shall  take  effect  on  September  1,  1963. 
[Approved  July  2,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  244. 

AN  ACT  RELATIVE  TO  RATES  AT  STATE-OWNED  SKI  FACILITIES. 

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

244:1    Resident  Ski  Rates.   Amend  RSA  227  by  inserting  at  the  end 
thereof  the  following  new  subdivision: 


1963]  Chapter  245  447 

Resident  Ski  Rates 

227:13  Establishment  of  Rates.  The  commission  shall  not  exercise 
its  authority  pursuant  to  section  il  and  section  8  of  this  chapter,  to  estab- 
lish fees,  fares  and  tolls  at  Cannon  Mountain  and  Mt.  Sunapee  so  as  to 
discriminate  against  or  to  the  detriment  of,  financially  or  otherwise,  resi- 
dent skiers,  either  directly  or  indirectly. 

244:2  Committee  Established.  There  is  hereby  established  a  five- 
member  interim  committee  consisting  of  three  members  of  the  house,  to 
be  appointed  by  the  speaker,  one  member  of  the  senate,  to  be  appointed 
by  the  president,  and  one  member  to  be  appointed  by  the  governor.  Said 
committee  is  hereby  directed  to  conduct  a  study  of  state  operations  at 
Cannon  Mountain  in  Franconia  Notch  and  at  Sunapee  state  park.  Said 
committee  shall  report  its  findings  to  the  1965  session  of  the  general  court 
together  with  any  recommendations  it  may  have  relative  to  said  opera- 
tions. 

244:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  245. 

AN  ACT  RELATIVE  TO  FIREMEN's  RETIREMENT  SYSTEM. 

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

245:1  Firemen's  Retirement.  Amend  RSA  102:15  (supp)  as 
amended  by  1957,  15:3  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  102:15  Retirement.  Any  permanent  fireman  who 
retires  or  is  dismissed  from  active  service  as  provided  in  section  13,  and 
■^vho  shall  have  complied  with  all  provisions  of  this  chapter  and  with  the 
rules  and  regulations  of  the  board,  shall  be  entitled  to  receive  from  said 
board  for  each  year  during  the  remainder  of  his  natural  life  retirement 
benefits  based  upon  his  average  final  salary,  as  defined  hereinafter,  at  the 
rates  in  the  following  table: 

Retirement  Benefits 
(per  cent  of  average 
Age  at  retirement  final  salary) 

55  48.9 

56  52.0 

57  55.3 

58  58.8 


448  Chapter  245  [1963 

59  62.5 

60  66.7 

61  (Benefits  to  exceed 

62  (66.7  per  cent  as 

63  (may  be  determined  by 

64  (board  upon  actuarial 

65  (valuations 

The  "average  final  salary"  shall  mean  the  highest  average  annual 
earnable  compensation  of  a  member  during  any  five  consecutive  years  of 
service  prior  to  the  date  of  retirement  or  dismissal,  as  determined  by  the 
board.  The  retirement  benefits  shall  be  paid  to  the  retired  member  on 
the  first  business  day  of  each  calendar  month  in  as  nearly  equal  monthly 
installments  as  possible.  No  permanent  fireman  who  has  retired  under 
the  provisions  of  this  chapter  shall  be  paid  for  any  service  performed  in 
the  fire  department  during  the  time  of  his  retirement  unless  it  be  for 
specific  duty  during  a  period  of  public  emergency.  The  board  shall  have 
the  right  to  further  increase  the  actuarial  table  of  rates  of  retirement 
benefits  accruing  to  members  retiring  on  account  of  age,  between  the 
ages  of  55  and  65  inclusive,  based  upon  periodic  actuarial  valuations  of 
the  retirement  system. 

245:2  Benefits.  Amend  RSA  102:17  (supp)  as  amended  by  il957,  15:4 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
102:17  In  Case  of  Death  or  Disability.  A  permanent  fireman  accepting 
the  provisions  of  this  chapter,  who  shall  have  become  permanently  dis- 
abled from  fire  duty,  because  of  injury  received  in  line  of  duty,  shall  re- 
ceive an  annual  sum  equal  to  two-thirds  his  annual  salary  as  defined  in 
section  15,  and  in  case  of  call,  volunteer,  or  substitute  firemen,  who  be- 
come permanently  and  totally  disabled  because  of  injury  received  in  line 
of  fire  duty,  an  annual  sum  not  to  exceed  one  thousand  two  hundred  fifty 
dollars  per  year.  Firemen  shall  be  acknowledged  as  performing  their  duty 
when  they  are  going  to,  returning  from  or  working  at  a  fire  or  other  pub- 
lic emergency;  when  performing  all  work  within  the  scope  of  employment 
of  the  fireman  under  the  expressed  or  implied  authority  of  a  superior  offi- 
cer; and  in  such  other  cases  as  the  board  may  from  time  to  time  decide  to 
be  for  the  public  interest.  The  fact  of  permanent  disability  may  be  estab- 
lished by  the  certificate  of  physician  designated  by  the  board.  In  case  a 
fireman  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  the  compensation  allowed  for  dis- 
ability for  either  permanent  or  call  firemen,  as  the  case  may  be,  until  in 
case  of  a  widow,  she  dies  or  remarries,  or,  in  case  of  a  minor  child  or  chil- 
dren, the  board  in  its  discretion  shall  pay  such  sum  as  a  joint  and  survivor 
annuity,  until  such  child  dies  or  attains  the  age  of  eighteen  years,  and  in 
case  there  is  no  wife,  child  or  children  under  age  eighteen  surviving  such 
member,  then  to  his  totally  dependent  father  or  mother,  or  both,  and  the 


1963]  Chapter  245  449 

survivor  of  either  one  of  them,  as  the  board  in  its  discretion  shall  de- 
termine, during  dependency,  and  until  remarriage  of  either.  In  case  a 
retired  member,  whose  retirement  was  the  result  of  disability  received  in 
line  of  duty,  dies  while  on  retirement  from  the  result  of  injuries  received 
in  line  of  duty,  the  payment  of  his  retirement  benefits  shall  continue  to 
his  widow  until  she  dies  or  remarries,  or  children  until  they  reach  the 
age  of  eighteen  years. 

245:3  Change  in  Amounts.  Amend  RSA  102:18  (supp)  as  amended 
by  1955,  112:2  and  1957,  15:5  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  102:18  Ordinary  Disability;  Medical  Ex- 
amination. Upon  the  application  to  the  retirement  board  of  a  member  in 
active  service,  any  member  who  has  fifteen  or  more  years  of  creditable 
service  may  be  retired  on  an  ordinary  disability  retirement  allowance 
consisting  of  an  annual  sum  equal  to  two-thirds  his  average  final  salary  as 
defined  in  section  15;  provided  that,  the  physician  or  physicians  desig- 
nated by  the  board  certify  that  he  is  mentally  or  physically  incapacitated 
for  the  further  performance  of  duty,  that  such  incapacity  is  likely  to  be 
permanent,  and  that  he  should  be  retired.  Once  each  year  during  the 
first  years  following  the  retirement  of  a  member  on  a  total  and  permanent 
disability,  or  ordinary  disability  retirement,  and  once  in  every  three- 
year  period  thereafter,  the  board  may  require  any  disability  beneficiary, 
who  has  not  attained  age  sixty-five,  to  undergo  a  medical  examination  by 
a  physician  or  physicians  designated  by  the  board.  If  any  disability  bene- 
ficiary, who  has  not  attained  age  sixty-five,  refuses  to  submit  to  such 
medical  examination,  his  retirement  may  be  discontinued  by  the  board, 
until  his  withdrawal  of  such  refusal,  and  if  his  refusal  continues  for  more 
than  a  year  all  his  rights  in  and  to  his  pension  may  be  revoked  by  the 
board.  If  the  physician  or  physicians  designated  by  the  board  report  and 
certify  that  the  disability  beneficiary  is  again  able  to  engage  in  fire  duty, 
his  retirement  allowance  shall  be  discontinued.  On  his  reinstatement  to 
active  service  his  rate  of  assessment  shall  be  the  same  as  assessed  against 
him  previous  to  the  date  of  his  disability,  and  his  period  of  disability 
shall  be  considered  as  part  of  continuous  service.  If  the  retirement  board 
finds  that  any  member  retired  on  an  ordinary  disability  allowance  under 
this  section  is  engaged  in  a  gainful  occupation  paying  more  than  the 
difference  between  his  annual  retirement  allowance  and  his  final  annual 
salary  prior  to  retirement,  then  his  disability  shall  be  deemed  to  have 
diminished  and  his  retirement  allowance  shall  be  reduced  to  an  amount 
which,  together  with  the  amount  then  being  earned  by  him,  shall  equal 
his  final  annual  salary  at  retirement,  as  stated  above.  If  his  earnings  from 
such  gainful  occupation  are  later  changed,  his  retirement  allowance  may 
be  further  modified  by  the  retirement  board;  provided,  however,  that  his 
retirement  allowance  shall  at  no  time  exceed  the  original  grant  nor  an 
amount  which  when  added  to  the  amount  being  earned  by  him  equals  his 
final  annual  salary  at  retirement,  as  stated  above.  The  provisions  of  this 


450  Chapter  246  [1963 

section  governing  adjustments  or  discontinuance  of  a  member's  disability 
retirement  allowance  shall  apply  proportionally  in  like  manner  to  any 
benefits  which  may  thereafter  become  payable  to  the  beneficiary  named 
under  any  option  elected  under  the  provisions  of  section  16. 

245:4  Appropriation.  Notwithstanding  any  provisions  of  RSA  102 
to  the  contrary,  for  the  purpose  of  paying  the  state's  share  for  the  firemen's 
retirement  system,  in  addition  to  any  other  monies  appropriated,  there 
is  hereby  appropriated  for  the  fiscal  year  ending  June  30,  il964  the  sum  of 
forty  thousand  dollars,  and  a  like  sum  for  the  fiscal  year  ending  June  30, 
1965.  The  sums  hereby  appropriated  shall  be  a  charge  upon  the  general 
funds  of  the  state. 

245:5  Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  2,  1963.] 
[Effectiveasof  July  1.1963.] 


CHAPTER  246. 

AN  ACT  ADOPTING  THE  BUS  TAXATION  PRORATION  AND  RECIPROCITY 

AGREEMENT. 

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

246:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  260  the 
following  new  chapter: 

Chapter  260-A 
Bus  Taxation  Proration  and  Reciprocity  Agreement 

260-A:  1  Agreement.  The  bus  taxation  proration  agreement  is  here- 
by enacted  into  law  and  entered  into  with  all  jurisdictions  legally  joining 
therein  in  the  form  substantially  as  follows: 

ARTICLE  I.  Purposes  and  Principles 

I.  Purposes  of  Agreement.  It  is  the  purpose  of  this  agreement  to  set 
up  a  system  whereby  any  contracting  state  may  permit  owners  of  fleets  of 
buses  operating  in  two  or  more  states  to  prorate  the  registration  of  the 
buses  in  such  fleets  in  each  state  in  which  the  fleets  operate  on  the  basis  of 
the  proportion  of  miles  operated  within  such  state  to  total  fleet  miles,  as 
defined  herein, 

II.  Principle  of  Proration  of  Registration.  It  is  hereby  declared  that 
in  making  this  agreement  the  contracting  states  adhere  to  the  principle 
that  each  state  should  have  the  freedom  to  develop  the  kind  of  highway 


1963]  Chapter  246  451 

user  tax  structure  that  it  determines  to  be  most  appropriate  to  itself,  that 
the  method  of  taxation  of  interstate  buses  should  not  be  a  determining 
factor  in  developing  its  user  tax  structure,  and  that  annual  taxes  or  other 
taxes  of  the  fixed  fee  type  upon  buses  which  are  not  imposed  on  a  basis 
that  reflects  the  amount  of  highway  use  should  be  apportioned  among 
the  states,  within  the  limits  of  practicality,  on  the  basis  of  vehicle  miles 
traveled  within  each  of  the  states. 

ARTICLE  II.  Definitions 

(a)  State.  State  shall  include  the  states  of  the  United  States,  the  Dis- 
trict of  Columbia,  the  territories  of  the  United  States,  the  Provinces  of 
Canada,  and  the  states,  territories  and  federal  district  of  Mexico. 

(b)  Contracting  State.  Contracting  state  shall  mean  a  state  which  is 
a  party  to  this  agreement. 

(c)  Administrator,  Administrator  shall  mean  the  official  or  agency 
of  a  state  administering  the  fee  involved,  or,  in  the  case  of  proration  of 
registration,  the  official  or  agency  of  a  state  administering  the  proration 
of  registration  in  that  state. 

(d)  Person.  Person  shall  include  any  individual,  firm,  co-partnership, 
joint  venture,  association,  corporation,  estate,  trust,  business  trust,  re- 
ceiver, syndicate,  or  any  other  group  or  combination  acting  as  a  unit. 

(e)  Base  State.  Base  state  shall  mean  the  state  from  or  in  which  the 
bus  is  most  frequently  dispatched,  garaged,  serviced,  maintained,  op- 
erated, or  otherwise  controlled,  or  also  in  the  case  of  a  fleet  bus  the  state 
to  which  it  is  allocated  for  registration  under  statutory  requirements.  In 
order  that  this  section  may  not  be  used  for  the  purpose  of  evasion  of 
registration  fees,  the  administrators  of  the  contracting  states  may  make 
the  final  decision  as  to  the  proper  base  state,  in  accordance  with  Article 
III  (h)  hereof,  to  prevent  or  avoid  such  evasion. 

(f)  Bus.  Bus  shall  mean  any  motor  vehicle  of  a  bus  type  engaged  in 
the  interstate  transportation  of  passengers  and  subject  to  the  jurisdiction 
of  the  Interstate  Commerce  Commission,  or  any  agency  successor  thereto, 
or  one  or  more  state  regulatory  agencies  concerned  with  the  regulation  of 
passenger  transport. 

(g)  Fleet.  As  to  each  contracting  state,  fleet  shall  include  only  those 
buses  which  actually  travel  a  portion  of  their  total  mileage  in  such  state.  A 
fleet  must  include  three  or  more  buses. 

(h)  Registration.  Registration  shall  mean  the  registration  of  a  bus 
and  the  payment  of  annual  fees  and  taxes  as  set  forth  in  or  pursuant  to 
the  laws  of  the  respective  contracting  states. 

(i)  Proration  of  Registration.  Proration  of  registration  shall  mean 
registration  of  fleets  of  buses  in  accordance  with  Article  IV  of  this  agree- 
ment. 


452  Chapter  246  [1963 

(j)  Reciprocity.  Reciprocity  shall  mean  that  each  contracting  state, 
to  the  extent  provided  in  this  agreement,  exempts  a  bus  from  registration 
and  registration  fees. 

ARTICLE  III.  General  Provisions 

(a)  Effect  on  Other  Agreements,  Arrangements,  and  Understand- 
ings. On  and  after  its  effective  date,  this  agreement  shall  supersede  any 
reciprocal  or  other  agreement,  arrangement,  or  understanding  between 
any  two  or  more  of  the  contracting  states  covering,  in  whole  or  in  part, 
any  of  the  matters  covered  by  this  agreement;  but  this  agreement  shall 
not  affect  any  reciprocal  or  other  agreement,  arrangement,  or  understand- 
ing between  a  contracting  state  and  a  state  or  states  not  a  party  to  this 
agreement. 

(b)  Applicability  to  Exempt  Vehicles.  This  agreement  shall  not  re- 
quire registration  in  a  contracting  state  of  any  vehicles  which  are  in  whole 
or  part  exempt  from  registration  under  the  laws  or  regulations  of  such 
state  without  respect  to  this  agreement. 

(c)  Inapplicability  to  Caravaned  Vehicle.  The  benefits  and  privi- 
leges of  this  agreement  shall  not  be  extended  to  a  vehicle  operated  on  its 
own  wheels,  or  in  tow  of  a  motor  vehicle,  transported  for  the  purpose  of 
selling  or  offering  the  same  for  sale  to  or  by  any  agent,  dealer,  purchaser, 
or  prospective  purchaser. 

(d)  Other  Fees  and  Taxes.  This  agreement  does  not  waive  any  fees 
or  taxes  charged  or  levied  by  any  state  in  connection  with  the  ownership 
or  operation  of  vehicles  other  than  registration  fees  as  defined  herein.  All 
other  fees  and  taxes  shall  be  paid  to  each  state  in  accordance  with  the 
laws  thereof. 

(e)  Statutory  Vehicle  Regulations.  This  agreement  shall  not  author- 
ize the  operation  of  a  vehicle  in  any  contracting  state  contrary  to  the 
laws  or  regulations  thereof,  except  those  pertaining  to  registration  and 
payment  of  fees;  and  with  respect  to  such  laws  or  regulations,  only  to  the 
extent  provided  in  this  agreement. 

(f)  Violations.  Each  contracting  state  reserves  the  right  to  withdraw, 
by  order  of  the  administrator  thereof,  all  or  any  part  of  the  benefits  or 
privileges  granted  pursuant  to  this  agreement  from  the  owner  of  any 
vehicle  or  fleet  of  vehicles  operated  in  violation  of  any  provision  of  this 
agreement.  The  administrator  shall  immediately  give  notice  of  any  such 
violation  and  withdrawal  of  any  such  benefits  or  privileges  to  the  admin- 
istrator of  each  other  contracting  state  in  which  vehicles  of  such  owner 
are  operated. 

(g)  Cooperation.  The  administrator  of  each  of  the  contracting  states 
shall  cooperate  with  the  administrators  of  the  others  and  each  contract- 


1963]  Chapter  246  453 

ing  state  hereby  agrees  to  furnish  such  aid  and  assistance  to  each  other 
within  its  statutory  authority  as  will  aid  in  the  proper  enforcement  of 
this  agreement. 

(h)  Interpretation.  In  any  dispute  between  or  among  contracting 
states  arising  under  this  agreement,  the  final  decision  regarding  interpre- 
tation of  questions  at  issue  relating  to  this  agreement  shall  be  reached  by 
joint  action  of  the  contracting  states,  acting  through  the  administrator 
thereof,  and  shall  upon  determination  be  placed  in  writing. 

(i)  Effect  of  Headings.  Article  and  section  heading  contained  herein 
shall  not  be  deemed  to  govern,  limit,  modify,  or  in  any  manner  affect  the 
scope,  meaning,  or  intent  of  the  provisions  of  any  article  or  part  hereof. 

(j)  Entry  into  Force.  This  agreement  shall  enter  into  force  and  be- 
come binding  between  and  among  the  contracting  states  when  enacted 
or  otherwise  entered  into  by  any  two  states.  Thereafter,  it  shall  enter  into 
force  and  become  binding  with  respect  to  any  state  when  enacted  into 
law  by  such  state.  If  the  statutes  of  any  state  so  authorize  or  provide,  such 
state  may  become  party  to  this  agreement  upon  the  execution  thereof  by 
an  executive  or  administrative  official  thereof  acting  on  behalf  of  and  for 
such  state. 

ARTICLE  IV.  Proration  of  Registration 

(a)  Applicability.  Any  owner  of  a  fleet  may  register  the  buses  of  said 
fleet  in  any  contracting  state  by  paying  to  said  state  total  registration  fees 
in  an  amount  equal  to  that  obtained  by  applying  the  proportion  of  in- 
state fleet  miles  divided  by  the  total  fleet  miles,  to  the  total  fees  which 
would  otherwise  be  required  for  regular  registration  of  each  and  all  of 
such  vehicles  in  such  contracting  state. 

All  fleet  pro-rata  registration  fees  shall  be  based  upon  the  mileage 
proportions  of  the  fleet  during  the  period  of  twelve  months  ending  on 
August  thirty-first  next  preceding  the  commencement  of  the  registration 
year  for  which  registration  is  sought:  Except,  that  mileage  proportions  for 
a  fleet  not  operated  during  such  period  in  the  state  where  application  for 
registration  is  made  will  be  determined  by  the  administrator  upon  the 
sworn  application  of  the  applicant  showing  the  operations  during  such 
period  in  other  states  and  the  estimated  operations  during  the  registra- 
tion year  for  which  registration  is  sought,  in  the  state  to  which  applica- 
tion is  being  made;  or  if  no  operations  were  conducted  during  such 
period  a  full  statement  of  the  proposed  method  of  operation. 

If  any  buses  operate  in  two  or  more  states  which  permit  proration  of 
registration  on  the  basis  of  a  fleet  of  buses  consisting  of  a  lesser  number 
of  vehicles  than  provided  in  Article  II  (g),  such  fleet  may  be  prorated  as 
to  registration  in  such  states,  in  which  event  the  buses  in  such  fleet  shall 
not  be  required  to  register  in  any  other  contracting  states  if  each  such 


454  Chapter  246  [1963 

vehicle  is  registered  in  some  contracting  state  (except  to  the  extent  it  is 
exempt  from  registration  as  provided  in  Article  III  (b)). 

If  the  administrator  of  any  state  determines,  based  on  his  method  of 
the  operation  thereof,  that  the  inclusion  of  a  bus  or  buses  as  a  part  of  a 
fleet  would  adversely  affect  the  proper  fleet  fee  which  should  be  paid  to 
his  state,  having  due  regard  for  fairness  and  equity,  he  may  refuse  to 
permit  any  or  all  of  such  buses  to  be  included  in  his  state  as  a  part  of  such 
fleet. 

(b)  Total  Fleet  Miles.  Total  fleet  miles,  with  respect  to  each  con- 
tracting state,  shall  mean  the  total  miles  operated  by  the  fleet  (1)  in  such 
state,  (2)  in  all  other  contracting  states,  (3)  in  other  states  having  propor- 
ional  registration  provisions,  (4)  in  states  with  which  such  contracting 
state  has  reciprocity,  and  (5)  in  such  other  states  as  the  administrator  de- 
termines should  be  included  under  the  circumstances  in  order  to  protect 
or  promote  the  interest  of  his  state;  except  that  in  states  having  laws  re- 
quiring proration  on  the  basis  of  a  different  determination  of  total  fleet 
miles,  total  fleet  miles  shall  be  determined  on  such  basis. 

(c)  Leased  Vehicles.  If  a  bus  is  operated  by  a  person  other  than  the 
owner  as  a  part  of  a  fleet  which  is  subject  to  the  provisions  of  this  article, 
then  the  operator  of  such  fleet  shall  be  deemed  to  be  the  owner  of  said 
bus  for  the  purposes  of  this  article. 

(d)  Extent  of  Privileges.  Upon  the  registration  of  a  fleet  in  a  con- 
tracting state  pursuant  to  this  article,  each  bus  in  the  fleet  may  be  oper- 
ated in  both  interstate  and  intrastate  operations  in  such  state  (except  as 
provided  in  Article  III  (e)). 

(e)  Application  for  Proration.  The  application  for  proration  of 
registration  shall  be  made  in  each  contracting  state  upon  substantially  the 
application  forms  and  supplements  authorized  by  joint  action  of  the  ad- 
ministrators of  the  contracting  states. 

(f)  Issuance  of  Identification.  Upon  registration  of  a  fleet,  the  state 
which  is  the  base  state  of  a  particular  bus  of  the  fleet,  shall  issue  the  re- 
quired license  plates  and  registration  card  for  such  bus  and  each  con- 
tracting state  in  which  the  fleet  of  which  such  bus  is  a  part,  operates  shall 
issue  a  special  identification  identifying  such  bus  as  a  part  of  a  fleet  which 
has  fully  complied  with  the  registration  requirements  of  such  state.  The 
required  license  plates,  registration  cards  and  identification  shall  be  ap- 
propriately displayed  in  the  manner  required  by  or  pursuant  to  the  laws 
of  each  respective  state. 

(o-)  Additions  to  Fleet.  If  any  bus  is  added  to  a  prorated  fleet  after  the 
filino-  of  the  original  application,  the  owner  shall  file  a  supplemental  ap- 
plication. The  owner  shall  register  such  bus  in  each  contracting  state  in 
like  manner  as  provided  for  buses  listed  in  an  original  application  and  the 
reo-istration  fee  payable  shall  be  determined  on  the  mileage  proportion 


1963]  Chapter  246  455 

used  to  determine  the  registration  fees  payable  for  buses  registered  under 
the  original  application. 

(h)  Withdrawals  from  Fleet.  If  any  bus  is  withdrawn  from  a  pro- 
rated fleet  during  the  period  for  which  it  is  registered  or  identified,  the 
owner  shall  notify  the  administrator  of  each  state  in  which  it  is  registered 
or  identified  of  such  withdrawal  and  shall  return  the  plates,  and  registra- 
tion card  or  identification  as  may  be  required  by  or  pursuant  to  the  laws 
of  the  respective  states. 

(i)  Audits.  The  administrator  of  each  contracting  state  shall,  within 
the  statutory  authority  of  such  administrator,  make  any  information  ob- 
tained upon  an  audit  of  records  of  any  applicant  for  proration  of  regis- 
tration available  to  the  administrators  of  the  other  contracting  states. 

(j)  Errors  in  Registration.  If  it  is  determined  by  the  administrator  of 
a  contracting  state,  as  a  result  of  such  audits  or  otherwise,  that  an  im- 
proper fee  has  been  paid  his  state,  or  errors  in  registration  found,  the  ad- 
ministrator may  require  the  fleet  owner  to  make  the  necessary  corrections 
in  the  registration  of  his  fleet  and  payment  of  fees. 

ARTICLE  V.  Reciprocity 

(a)  Grant  of  Reciprocity.  Each  of  the  contracting  states  grants  re- 
ciprocity as  provided  in  this  article. 

(b)  Applicability.  The  provisions  of  this  agreement  with  respect  to 
reciprocity  shall  apply  only  to  a  bus  properly  registered  in  the  base  state 
of  the  bus,  which  state  must  be  a  contracting  state. 

(c)  Non-applicability  to  Fleet  Buses.  The  reciprocity  granted  pur- 
suant to  this  article  shall  not  apply  to  a  bus  which  is  entitled  to  be  regis- 
tered or  identified  as  part  of  a  prorated  fleet. 

(d)  Extent  of  Reciprocity.  The  reciprocity  granted  pursuant  to  this 
article  shall  permit  the  interstate  operation  of  a  bus  and  intrastate  opera- 
tion which  is  incidental  to  a  trip  of  such  bus  involving  interstate  opera- 
tion. 

(e)  Other  Agreements.  Nothing  in  this  agreement  shall  be  con- 
strued to  prohibit  any  of  the  contracting  states  from  entering  into  sepa- 
rate agreements  with  each  other  for  the  granting  of  temporary  permits 
for  the  intrastate  operation  of  vehicles  registered  in  the  other  state;  nor 
to  prevent  any  of  the  contracting  states  from  entering  into  agreements  to 
grant  reciprocity  for  intrastate  operation  within  any  zone  or  zones  agreed 
upon  by  the  states. 

ARTICLE  VI.  Withdrawal  or  Revocation 

Any  contracting  state  may  withdraw  from  this  agreement  upon  thirty 
days  written  notice  to  each  other  contracting  state,  which  notice  shall  be 


456  Chapter  246  [1963 

given  only  after  the  repeal  of  this  agreement  by  the  legislature  of  such 
state,  if  adoption  was  by  legislative  act,  or  after  renunciation  by  the  ap- 
propriate administrative  official  of  such  contracting  state  if  the  laws 
thereof  empower  him  so  to  renounce. 

ARTICLE  VII.  Construction  and  Severability 
This  compact  shall  be  liberally  construed  so  as  to  effectuate  the  pur- 
poses thereof.  The  provisions  of  this  compact  shall  be  severable  and  if  any 
phrase,  clause,  sentence  or  provision  of  this  compact  is  declared  to  be 
contrary  to  the  constitution  of  any  state  or  of  the  United  States  or  the  ap- 
plicability thereof  to  any  government,  agency,  person  or  circumstance  is 
held  invalid,  the  validity  of  the  remainder  of  this  compact  and  the  ap- 
plicability 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  herein,  the  compact  shall  re- 
main in  full  force  and  effect  as  to  the  remaining  party  states  and  in  full 
force  and  effect  as  to  the  state  affected  as  to  all  severable  matters. 

260-A:2  Terms  Defined.  As  used  in  the  agreement,  with  reference 
to  this  state,  the  term  "administrator"  shall  mean  the  director  of  the  di- 
vision of  motor  vehicles  of  the  department  of  safety. 

260-A:3  Powers  of  Administrator.  The  director  of  the  division  of 
motor  vehicles,  as  administrator  of  the  agreement  for  the  state  of  New 
Hampshire,  shall  have  the  power  to  make  such  exemptions  from  the 
coverage  of  the  agreement  as  may  be  appropriate  and  to  make  such 
changes  in  methods  for  the  reporting  of  any  information  required  to  be 
furnished  to  this  state  pursuant  to  the  agreement  as,  in  his  judgment, 
shall  be  suitable;  provided  that  any  such  exemptions  or  changes  shall  not 
be  contrary  to  the  purposes  set  forth  in  Article  I  of  the  agreement  and 
shall  be  made  in  order  to  permit  the  continuance  of  uniformity  of  prac- 
tice among  the  contracting  states  with  respect  to  buses.  Any  such  ex- 
emption or  change  shall  be  made  by  rule  or  regulation  and  shall  not  be 
effective  unless  made  by  the  same  procedure  required  for  other  rules  and 
resrulations  of  his  division. 

All  such  rules  and  regulations  shall  be  published  at  least  once  in  a 
newspaper  of  general  circulation  in  the  state  and  in  such  other  circulars 
as  the  director  may  in  his  discretion  deem  desirable  to  fairly  apprise  the 
public  of  the  same. 

260-A:4  Withdrawal.  The  governor  is  hereby  authorized  to  deter- 
mine that  the  state  of  New  Hampshire  should  withdraw,  at  any  time, 
from  the  agreement  provided  for  herein  and  he  shall  give  notice  as 
provided  in  article  VI  of  the  agreement  of  such  xvithdrawal  or  revocation. 

246:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


1963]  Chapter  248  457 

CHAPTER  247. 

AN  ACT  RELATIVE  TO  THE  APPLICATION  OF  FEDERAL  FUNDS  FOR 
CIVIL  DEFENSE. 

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

247:1  Civil  Defense.  Amend  chapter  216,  Laws  of  1961  by  striking 
out  section  2*1 6:4  and  inserting  in  place  thereof  the  following:  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 
establishment  of  the  center.  Any  federal  funds  which  may  be  received 
shall  increase  the  appropriation  hereunder  to  the  extent  of  such  federal 
funds.  The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

247:2  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  248. 

AN   ACT  ADOPTING  THE  COMPACT  ON   TAXATION   OF  MOTOR  FUELS  CONSUMED 

BY  INTERSTATE   BUSES. 

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

248:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  265  the 
following  new  chapter: 

Chapter  265-A 

Taxation  of  Motor  Fuels  Consumed 

by  Interstate  Buses 

265-A:  1  Compact.  The  compact  on  taxation  of  motor  fuel  consumed 
by  interstate  buses  is  hereby  enacted  into  law  and  entered  into  by  the 
state  of  New  Hampshire  with  all  jurisdictions  legally  joining  therein  in 
the  form  substantially  as  follows: 

ARTICLE  I.   Purposes 

The  purposes  of  this  agreement  are  to: 

(a)  Avoid  multiple  taxation  of  motor  fuels  consumed  by  interstate 
buses  and  to  assure  each  state  of  its  fair  share  of  motor  fuel  taxes. 


458  Chapter  248  [1963 

(b)  Establish  and  facilitate  the  administration  of  a  criterion  of 
motor  fuel  taxation  for  interstate  buses  which  is  reasonably  related  to 
the  use  of  highway  and  related  facilities  and  services  in  each  of  the  party 
states. 

(c)  Encourage  the  availability  of  a  maximum  number  of  buses  for 
intrastate  service  by  removing  motor  fuel  taxation  as  a  deterrent  in  the 
routing  of  interstate  buses. 

ARTICLE  II.   Definitions 

(a)  State.  State  shall  include  the  states  of  the  United  States,  the  Dis- 
trict of  Columbia,  the  territories  of  the  United  States,  the  Provinces  of 
Canada,  and  the  states,  territories  and  federal  district  of  Mexico. 

(b)  Contracting  State.  Contracting  state  shall  mean  a  state  which  is 
a  party  to  this  agreement. 

(c)  Administrator.  Administrator  shall  mean  the  official  or  agency 
of  a  state  administering  the  motor  fuel  taxes  involved. 

(d)  Person.  Person  shall  include  any  individual,  firm,  co-partner- 
ship, joint  venture,  association,  corporation,  estate,  trust,  business  trust, 
receiver,  syndicate  or  any  other  group  or  combination  acting  as  a  unit. 

(e)  Bus.  Bus  shall  mean  any  motor  vehicle  of  a  bus  type  engaged  in 
the  interstate  transportation  of  passengers  and  subject  to  the  jurisdiction 
of  the  interstate  commerce  commission,  or  any  agency  successor  thereto, 
or  one  or  more  state  regulatory  agencies  concerned  with  the  regulation  of 
passenger  transport. 

(f)  Gallon.  Gallon  shall  mean  the  liquid  measure  containing  231 
cubic  inches. 

ARTICLE  III.  Governing  Principle 

For  purposes  of  this  compact,  the  primary  principle  for  the  imposi- 
tion of  motor  fuel  taxes  shall  be  consumption  of  such  fuel  within  the 
state.  Motor  fuel  consumed  by  buses  shall  be  taxed  on  the  existing  basis, 
as  it  may  be  from  time  to  time,  and  under  the  procedures  for  collection 
of  such  taxes  by  each  party  state,  except  that  to  the  extent  that  this  com- 
pact makes  provision  therefor,  or  for  any  matter  connected  therewith, 
such  provision  shall  govern. 

ARTICLE  IV.  How  Fuel  Consumed  to  be  Ascertained 

The  amount  of  fuel  used  in  the  operation  of  any  bus  within  this  state 
shall  be  conclusively  presumed  to  be  the  number  of  miles  operated  by 
such  bus  within  the  state  divided  by  the  average  mileage  per  gallon  ob- 
tained by  the  bus  during  the  tax  period  in  all  operations,  whether  within 
or  without  the  party  state.  Any  owner  or  operator  of  two  or  more  buses 


1963]  Chapter  248  459 

shall  calculate  average  mileage  within  the  meaning  of  this  article  by  com- 
puting single  average  figures  covering  all  buses  owned  or  operated  by  him. 

ARTICLE  V.  Imposition  of  Tax 

Every  owner  or  operator  of  buses  shall  pay  to  the  party  state  taxes 
equivalent  to  the  amount  of  tax  per  gallon  multiplied  by  the  number 
of  gallons  used  in  its  operations  in  the  party  state. 

ARTICLE  VI.   Reports 

On  or  before  the  last  business  day  of  the  month  following  the  month 
being  reported  upon,  each  bus  owner  or  operator  subject  to  the  payment 
of  fuel  taxes  pursuant  to  this  compact  shall  make  such  reports  of  its  op- 
erations as  the  state  administrator  of  motor  fuel  taxes  may  require  and 
shall  furnish  the  state  administrator  in  each  other  party  state  wherein  his 
buses  operate  a  copy  of  such  report. 

ARTICLE  VII.  Credit  for  Payment  of  Fuel  Taxes 

Each  bus  owner  or  operator  shall  be  entitled  to  a  credit  equivalent 
to  the  amount  of  tax  per  gallon  on  all  motor  fuel  purchased  by  such 
operator  within  the  party  state  for  use  in  operations  either  within  or 
without  the  party  state,  and  upon  which  the  motor  fuel  tax  imposed  by 
the  laws  of  such  party  state  has  been  paid. 

ARTICLE  VIII.  Additional  Tax  or  Refund 

If  the  bus  owner  or  operator's  monthly  report  shows  a  debit  balance 
after  taking  credit  pursuant  to  Article  VII,  a  remittance  in  such  net 
amount  due  shall  be  made  with  the  report.  If  the  report  shows  a  credit 
balance,  after  taking  credit  as  herein  provided,  a  refund  in  such  net 
amount  as  has  been  overpaid  shall  be  made  by  the  party  state  to  such 
owner  or  operator. 

ARTICLE  IX.  Entry  into  Force  and  Withdrawal 

This  compact  shall  enter  into  force  when  enacted  into  law  by  any 
two  states.  Thereafter  it  shall  enter  into  force  and  become  binding  upon 
any  state  subsequently  joining  when  such  state  has  enacted  the  compact 
into  law.  Withdrawal  from  the  compact  shall  be  by  act  of  the  legislature 
of  a  party  state,  but  shall  not  take  effect  until  one  year  after  the  governor 
of  the  withdrawing  state  has  notified  the  governor  of  each  other  party 
state,  in  writing,  of  the  withdrawal. 

ARTICLE  X.  Construction  and  Severability 

This  compact  shall  be  liberally  construed  so  as  to  effectuate  the  pur- 
poses thereof.  The  provisions  of  this  compact  shall  be  severable  and  if 
any  phrase  clause,  sentence  or  provision  of  this  compact  is  declared  to 
be  contrary  to  the  constitution  of  any  state  or  of  the  United  States  or  the 


460  Chapter  249  [1963 

applicability  thereof  to  any  government,  agency,  person  or  circumstance 
is  held  invalid,  the  validity  of  the  remainder  of  this  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  herein,  the  compact  shall  remain 
in  full  force  and  effect  as  to  the  remaining  party  states  and  in  full  force 
and  effect  as  to  the  state  affected  as  to  all  severable  matters. 

265-A:2  Administrator.  As  used  in  the  compact  with  reference  to 
the  state  of  New  Hampshire  the  term  "administrator"  shall  mean  the  road 
toll  administrator  of  the  division  of  motor  vehicles  of  the  department  of 
safety. 

248:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  249. 

AN  ACT  RELATIVE  TO  COST  OF  VACCINATING  INFECTED  ANIMALS. 

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

249:1  Cost  to  Owner  Repealed.  Amend  RSA  443:38  by  striking  out 
the  last  sentence  thereof  so  that  said  section  as  amended  shall  read  as 
follows:  443:38  Examinations.  Whenever  animals  have  been  quaran- 
tined as  herein  provided  the  commissioner,  within  a  reasonable  time, 
shall  cause  a  physical  examination  of  such  animals  to  be  made.  If.  on 
such  physical  examination,  he  deems  it  necessary  he  may  apply  the  tuber- 
culin or  any  other  approved  test.  He  shall  not,  when  he  suspects  bovine 
tuberculosis,  take  any  action  based  upon  such  physical  examination,  ex- 
cept in  advanced  cases,  unless  the  tuberculin  or  other  approved  test  be 
applied  and  such  test  confirms  the  result  of  the  physical  examination.  If 
any  animal  is  found  to  have  bovine  tuberculosis  he  may  cause  a  test  to 
be  made  of  the  entire  herd  in  which  such  animal  was  found,  or  of  any 
animal  which  may  have  been  exposed  to  said  disease.  If  the  disease  sus- 
pected is  one  which  science  has  demonstrated  can  be  controlled  in  sus- 
ceptible animals  by  the  proper  vaccination  of  said  animals  the  commis- 
sioner or  his  agent  may  order  any  and  all  susceptible  animals  vaccinated 
or  treated  as  he  may  deem,  advisable. 

249:2   Takes  Effect.   This  act  to  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


1963]  Chapter  250  461 

CHAPTER  250. 

AN  ACT  RELATIVE  TO  THE  USE  OF  TRANSPORTER  PLATES. 

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

250:1  Nature  of  Business.  Amend  RSA  260:75  (supp)  as  inserted 
by  1957,  316,  by  inserting  in  line  six  after  the  word  "business"  the  words, 
and  the  nature  of  such  business,  so  that  said  section  as  amended  shall 
read  as  follows:  260:75  Application.  A  transporter  may  make  applica- 
tion to  the  director  for  a  general  distinguishing  number  for  transporter 
registration,  upon  blanks  furnished  by  him  for  that  purpose.  The  appli- 
cation shall  contain,  in  addition  to  such  other  particulars  as  may  be  re- 
quired by  the  director,  a  statement  of  the  name,  residence  and  street 
address  of  the  applicant  with  a  brief  description  of  his  place  of  business 
and  the  nature  of  such  business.  Such  application  shall  contain  the  words, 
"This  application  is  signed  under  the  penalty  of  perjury."  The  proper 
fee  shall  be  deposited  before  the  application  is  granted. 

250:2  Additional  Number  Plates.  Amend  RSA  260:77  (supp)  as 
inserted  by  1957,  316  by  striking  out  in  lines  four  and  five  the  words 
"one  additional  set  of  number  plates  by  depositing  fifteen  dollars  with 
the  commissioner"  and  inserting  in  place  thereof  the  following,  addi- 
tional sets  of  number  plates  to  be  determined  fcy  the  director  at  fifteen 
dollars  per  set,  so  that  said  section  as  amended  shall  read  as  follows: 
260:77  Fee.  The  fee  for  transporter  registration  shall  be  thirty-five 
dollars  annually  and  all  such  registrations  shall  expire  at  midnight  March 
thirty-first  of  each  year.  The  holder  of  a  transporter  registration  may  ob- 
tain additional  sets  of  number  plates  to  be  determined  by  the  director  at 
fifteen  dollars  per  set. 

250:3  Temporary  Plates  Issued  to  Transporters.  Amend  RSA  260:78 
(supp)  as  inserted  by  1957,  316,  by  adding  at  the  end  thereof  the  follow- 
ing, The  director  shall  determine  the  necessity  of  the  issuance  of  tem- 
porary plate  privileges  in  accordance  with  the  nature  of  the  transporter's 
business  and  application.  The  fee  for  temporary  number  plates  shall  be 
fifty  cents.  The  purchaser  of  such  motor  vehicle,  trailer,  semi-trailer  or 
tractor  may  operate  the  same  for  a  period  not  to  exceed  ten  consecutive 
days  without  payment  of  registration  fee,  so  that  said  section  as  amended 
shall  read  as  follows:  260:78  Plates.  The  director  shall  at  the  time  of 
issuing  a  certificate  to  such  transporter,  furnish  him  with  number  plates 
of  such  material  and  design  as  the  director  may  prescribe.  The  director 
shall  determine  the  necessity  of  the  issuance  of  temporary  plate  privileges 
in  accordance  with  the  nature  of  the  transporter's  business  and  applica- 
tion. The  fee  for  temporary  number  plates  shall  be  fifty  cents.  The  pur- 
chaser of  such  motor  vehicle,  trailer,  semi-trailer  or  tractor  may  operate 
the  same  for  a  period  not  to  exceed  ten  consecutive  days  without  payment 
of  registration  fee. 


462  Chapter  251  [1963 

250:4  Determination  of  Vehicle  by  Director.  Amend  RSA  260:79 
(supp)  as  inserted  by  1957,  316,  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following:  260:79  Use  of  Motor  Vehicles,  Trailers, 
Semi-Trailers  and  Tractors.  A  transporter's  registration  may  be  used  to 
transport  and  deliver  a  motor  vehicle,  trailer,  semi-trailer,  tractor  or  such 
other  /Vehicle  as  determined  by  the  director  when  owned  by  another  per- 
son. When  said  transporter's  registration  is  displayed  on  such  vehicles 
they  shall  be  deemed  as  properly  registered  under  the  provisions  of  this 
title  in  the  name  of  the  transporter  holding  such  registration.  A  trans- 
porter may  use  his  own  vehicles  as  described  and  registered  under  trans- 
porter's registration  for  service  in  connection  with  his  business,  but  shall 
not  use  or  permit  to  be  used  his  transporter's  registration  in  the  trans- 
portation of  merchandise,  freight  or  commodities  for  himself  or  any  other 
person. 

250:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  251. 

AN  ACT  MAKING  APPROPRIATIONS  FOR  CAPITAL  IMPROVEMENTS,  LONG  TERM 

REPAIRS  AND  DEFERRED  MAINTENANCE  FOR  THE  STATE  OF  NEW  HAMPSHIRE, 

AND  AUTHORIZING  TEMPORARY  AUTHORITY  FOR  THE  ADJUSTING  OF  SALARIES 

OF  CERTAIN  STATE  OFFICIALS. 

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

251:1  Appropriation.  The  sum  of  eight  million  three  hundred  forty 
one  thousand  one  hundred  fifty  dollars  is  hereby  appropriated  for  the 
purpose  of  capital  improvements  and  long  term  repairs,  which  purpose 
includes  such  related  improvements,  facilities,  equipment  and  furnish- 
ings as  are  necessary  to  complete  the  same.  The  estimated  costs  for  the 
projects  are  as  follows: 

I.  Adjutant  general: 

Repairs  to  Manchester  armory  150,000 

Grading  and  paving,  Hillsborough  armory  23,500      $173,500 

II.  Administration  and  control: 

Purchase  and  renovate  U.  S.  post  office  —  Concord  $50,000 

Rehabilitate  state  house  dome  48,000* 
Replacement  of  walks  —  state  house  and 

state  library  35,000* 


1963] 


Chapter  251 


463 


Replace  elevator  —  state  house  110,000* 

Renovation  of  state  house  and  state  house  annex  75,000* 
Repairs  to  floor  in  hall  of  flags,  entrance  to 

state  house  22,000* 
Acquisition  of  land,  buildings,  rights  of  way, 

easements,  improvements  and  betterments  100,000 


440,000 


*Transfers  may  be  made  within  these  appropriations. 
III.    Department  of  education: 


Manchester  technical  institute: 

Land 

$1100,000 

Site  development 

80,000 

Building 

700,000 

Architect's   fee 

42,000 

Equipment 

350,000  $1,272,000 

Portsmouth  technical  institute: 

Land 

$50,000 

Site  development 

100,000 

Building 

525,000 

Architect's  fee 

30,000 

Equipment 

300,000 

1,005,000 

North  country  technical  institute: 

Land 

$50,000 

Site  development 

100,000 

Building 

525,000 

Architect's  fee 

30,000 

Equipment 

300,000 

Total 

1,005,000 

Keene  teachers  college: 

Land  acquisition 

$80,000 

Sprinkler  for  Parker  hall 

10,000 

Boiler  expansion 

106,000 

196,000 

Plymouth  teachers  college: 

Land  acquisition 

$80,000 

Purchase  of  Plymouth 

school  district  property 

300,000 

Boiler  expansion 

106,000 

Addition  to  Silver  hall 

200,000 

686,000 

Total 


4,164,000 


464  Chapter  251  [1963 

IV.    Department  of  health  and  welfare: 
Laconia  state  school: 

New  dormitory  $300,000 

Sidewalk  construction  and 

road  improvement  25,000 

Laundry  equipment  (2  washers)  22,000 

Heating  improvements  15,000 

Maintenance  building  40,000 


Total  402,000^ 

State  sanatorium: 

Boiler  conversion  37,100 

State  hospital: 

Electrical   distribution  system  18,920 

White  farm  barn  35,000 

Silo  replacement  8,000 

Duplex  furnishings  6,319 


Total  68,239 


Total  507,339 

*With  the  approval  of  the  governor  and  council,  an  amount  not  to 
exceed  $45,000.00  of  this  appropriation  may  be  transferred  to  complete 
the  infirmary  in  the  Murphy  Building. 

V.  Industrial  school: 

Renovation  of  Wilkins  dormitory  $75,000 

Filter  —  swimming  pool  1,000 

Total  76,000 

VI.  Liquor  commission: 

Warehouse  $1,911,000 

Stores  150,000 

Acquisition  of  land  50,000 

Total  2,111,000 

VII.  State  prison: 

Auxiliary  power  plant  $8,900 

Linotype  —  intertype  machine  18,000 

Total  26,900 

VIII.  Department  of  safety: 
Division  of  safety  services: 


1963]  Chapter  251  465 

Construction  of  boat  house  and  launching  ramp      $105,000 
Less  boat  house  reserve  approved  by  governor 

and  council  —30,000 


Total  75,000 


Pittsfield  dam 

$34,220 

Deering  dam 

5,180 

Mirror  lake  dam 

12,500 

Beaver  Brook  dam 

150,000 

Salmon  Falls  River  dams 

20,000 

Soil  conservation,  flood  prevention: 

Baker  river  sites 

82,472 

Souhegan  river  sites 

14,600 

Total  318,972 

X.  Public  works  division: 

Preliminary  engineering,  inspection  and  overhead  48,439* 

*This  amount  shall  be  transferred  to  the  public  works  division  for 
preliminary  engineering,  inspection  and  overhead. 

XI.  Aeronautics  commission: 

Development  of  airports  and  navigational  aids  400,000* 

*This  appropriation  to#  be  expended  as  needed  by  the  aeronautics 
commission,  subject  to  the  approval  of  the  governor  and  council,  (1)  to 
develop  and  maintain  a  five-year  master  plan  for  all  existing  and  pro- 
jected airports  within  the  state,  showing  development  that  can  reasonably 
be  expected  to  be  required  by  each  airport  for  the  succeeding  five  years 
and  the  estimated  cost  of  each  phase  of  the  development  of  each  airport; 
(2)  for  equal  matching  of  funds  expended  by  a  town  or  city  or  legally  con- 
stituted airport  authority  to  improve  the  facilities  of  any  area  or  general 
aviation  airport  which  is  owned  and  operated  by  a  town,  city  or  legally 
constituted  airport  authority,  provided  that  such  expenditure  has  been 
first  approved  by  the  aeronautics  commission  and  the  airport  whose  fa- 
cilities are  being  improved  meets  and  conforms  to  all  criteria  as  estab- 
lished by  the  aeronautics  commission,  provided  further  that  the  term 
facilities  for  the  purposes  thereof  shall  include  but  not  be  limited  to  run- 
ways, taxi  ways,  surveys,  ramps,  access  roads,  or  fences  and  shall  not 
include  buildings,  hangars  or  any  other  type  of  construction  or  improve- 
ment which  is  not  included  in  the  federal  airport  administration  criteria 
for  construction  of  airport  facilities  or  navigational  aids.  The  aeronautics 
commission  shall  make  a  report  to  each  biennial  meeting  of  the  general 
court  of  the  development  of  all  airports  in  the  state. 

Total  $8,341,1150 


466  Chapter  251  [1963 

251:2  Department  of  Education.  The  sum  of  four  million  three 
hundred  thirty  four  thousand  eight  hundred  eleven  dollars  is  hereby  ap- 
propriated for  the  construction  of  buildings  and  equipping  same  at  the 
teachers'  colleges,  as  follows: 

I.    Keene  teachers'  colles:e: 

Women's  dormitory  $545,000 

Men's  dormitory  822,250 

Commons  building  581,000 

Acquisition  of  land  80,000 

Public  works  division  48,446* 


Total  $2,076,696 

11.    Plymouth  teachers'  college: 

Men's  dormitory^  $1,013,000 

Married  students'  dormitories  580,000 

Commons  building  542,000 

Acquisition  of  land  70,000 

Public  works  division  53,115* 


Total  2,258,115 


Total  $4,334,811 

;|;Upon  completion  of  the  men's  dormitory  Strafford  house  shall  be 
razed. 

*This  amount  shall  be  transferred  to  the  public  works  division  for 
preliminary  engineering,  inspection  and  overhead. 

251:3  Deferred  Maintenance.  The  sum  of  one  hundred  eighty-five 
thousand  one  hundred  dollars  is  hereby  appropriated  for  deferred  main- 
tenance for  the  agencies  and  institutions,  as  follows: 

Keene  teachers  college: 

Fiske  building  —  toilet  facilities;  Monadnock 
Hall  —  steam  line  and  main  entrance;  Li- 
brary —  steam  lines;  Kappa  House  —  Elec- 
trical repairs  $23,250 

Plymouth  teachers  college: 

Rounds  Hall  —  interior  painting  and  replacing 
treads  on  stairs;  Silver  Hall  —  interior  paint- 
ing; Grounds  —  repairs  to  tennis  courts  etc.; 
Electrifying  clock  20,500 

Laconia  state  school: 

Repairs   and   replacements   at   Murphy,    Keyes, 


1963]  Chapter  251  467 

Blood  and  Quinby  buildings;  Speare  and  Rice 
cottages;  Marshall  House;  Brown  farm;  San- 
born colony;  dairy  barn;  piggery;  boiler  house 
and  sewerage  system  60,000 

State  sanatorium: 

Painting  exterior  of  infirmary  10,000 

State  hospital: 

Repairs,  Londergan  Hall,  Laundry,  power  plant 
and  hospital  grounds  40,000 

Industrial  school: 

Roof  repairs;  replacing  radiator  valves  and  traps; 
increasing  electrical  entrances  in  size;  retub- 
ing  one  boiler;  replacing  portion  of  under- 
ground steam  line  24,050 

Division  of  economic  development: 

Repair  of  Eastern  States  building  7,300 

Total  $185,100 

251:4  University  of  New  Hampshire.  The  sum  of  one  hundred 
'twenty  five  thousand  dollars  is  hereby  appropriated  for  the  reconstruction 
of  dairy  buildings,  equipment  and  facilities  destroyed  by  fire.  All  con- 
tracts for  reconstruction  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  circula- 
tion 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  re- 
sponsible bidder. 

251:5  Powers  of  Governor  and  Council.  The  governor  and  council 
are  hereby  authorized  and  empowered: 

I.  To  establish  the  priority  of  undertaking  any  projects  hereinbe- 
fore enumerated; 

II.  To  transfer  funds  from  any  project  named  in  section  1  hereof 
to  any  other  project  in  said  section,  provided  such  transfer  is  for  the 
public  good  or  is  necessary  to  keep  within  the  funds  appropriated; 

III.  To  delete  projects  or  parts  of  projects  provided  such  deletion 
is  for  the  public  good  or  is  necessary  to  keep  within  the  funds  appropri- 
ated; 

IV.  To  substitute  emergency  long  term  repair  projects  for  any  of 
the  projects  hereinbefore  enumerated,  if  such  substitution  is  necessary 
for  the  public  good;  and 


468  Chapter  251  [1963 

V.  To  cooperate  with  and  enter  into  such  agreements  with  the 
federal  government  or  any  agency  thereof,  as  they  may  deem  advisable,  to 
secure  federal  funds  for  the  purposes  hereof. 

251:6  Expenditures.  The  appropriation  made  for  the  purposes 
mentioned  in  sections  1,  3  and  4  and  the  sums  available  for  those  projects 
shall  be  expended  by  the  trustees,  commission,  commissioner,  or  depart- 
ment head  of  the  institutions  and  departments  referred  to  therein,  except 
as  provided  in  section  7,  provided  that  all  contracts  for  projects  and  plans 
and  specifications  therefor,  excepting  those  provided  in  section  4,  shall 
be  awarded  in  accordance  with  the  provisions  of  RSA  228:4.  The  appro- 
priations made  and  the  sums  available  for  the  projects  in  section  2  above 
shall  be  expended  by  the  trustees  of  the  state  colleges  and  university, 
provided  that  all  contracts  for  projects  and  plans  and  specifications  there- 
for shall  be  awarded  in  accordance  with  the  provisions  of  RSA  228:4. 

251:7  Land  Acquisition.  Any  land  acquired  under  the  appropria- 
tions made  in  sections  1  and  2,  except  such  land,  if  any,  as  may  be  ac- 
quired under  the  appropriation  for  water  resources  board,  shall  be 
purchased  by  the  commissioner  of  public  works  and  highways,  with  the 
approval  of  the  governor  and  council.  The  site  recommended  for  pur- 
chase shall  also  have  the  approval  of  the  governor  and  council. 

251:8    Borrowing  Power.    To  provide  funds  for  the  appropriations 
made  in  section  1  hereof,  the  state  treasurer  is  hereby  authorized,  under 
the  direction  of  the  governor  and  council,  to  borrow  upon  the  credit  of 
the  state  not  exceeding  the  sum  of  eight  million  three  hundred  forty-one 
thousand  one  hundred  fifty  dollars  ($8,341,150);  to  provide  funds  for  the 
appropriations  made  in  section  2  hereof  not  exceeding  the  sum  of  four 
million  three  hundred  thirty-four  thousand  eight  hundred  eleven  dollars 
($4,334,811);  to  provide  funds  for  the  appropriation  made  in  section  3 
hereof  not  exceeding  the  sum  of  one  hundred  eighty-five  thousand  one 
hundred  dollars  ($185,100);  and  to  provide  funds  for  the  appropriation 
made  in  section  4  hereof  not  exceeding  the  sum  of  one  hundred  twenty- 
five  thousand  dollars  ($125,000);  and  for  said  purposes  may  issue  bonds 
and  notes  in  the  name  and  on  behalf  of  the  state  of  New  Hampshire.  The 
governor  and  council  shall  determine  the  form  of  such  bonds  or  notes, 
their  rate  of  interest,  the  date  when  interest  shall  be  paid  and  the  time 
or  times  of  issue.  Such  bonds  and  notes  shall  be  paid  as  follows:  bonds 
and  notes  issued  to  provide  funds  for  the  appropriations  made  in  section 
1  and  4  shall  be  paid  within  a  period  of  twenty  years;  bonds  and  notes 
issued  to  provide  funds  for  the  appropriations  made  in  section  2  shall  be 
paid  within  a  period  of  thirty  years;  and  bonds  or  notes  issued  to  provide 
funds  for  appropriations  made  in  section  3  shall  be  paid  within  a  period 
of  ten  years.  Such  bonds  or  notes  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. 


1963]  Chapter  251  469 

251:9  Payments.  The  payment  of  principal  and  interest  on  bonds 
and  notes  issued  for  the  projects  in  sections  1  and  3  shall  be  made  when 
due  from  the  general  funds  of  the  state.  The  payment  of  principal  and 
interest  on  bonds  and  notes  issued  for  the  projects  in  sections  2  and  4 
shall  be  made  when  due  from  the  general  funds  of  the  state  but  shall  be 
liquidated  as  provided  in  section  15  hereof, 

251:10  Proceeds  from  Sale.  The  proceeds  of  the  sale  of  said  bonds  or 
notes  authorized  by  section  8  shall  be  held  by  the  treasurer  and  paid  out 
by  him  upon  warrants  drawn  by  the  governor  for  the  purposes  of  sections 
1,  2,  3,  and  4  above.  The  governor,  with  the  advice  and  consent  of  the 
council,  shall  draw  his  warrants  for  the  payments  from  the  funds  pro- 
vided for  herein  of  all  funds  expended  or  due  for  the  purposes  herein 
authorized. 

251:11  Accounts.  The  secretary  of  state  shall  keep  an  account  of  all 
bonds  or  notes  authorized  hereunder  countersigned  by  the  governor, 
showing  the  number  and  amount  of  each  bond  or  note,  the  time  of  coun- 
tersigning, the  date  of  delivery  to  the  treasurer,  and  the  date  of  maturity. 
The  state  treasurer  shall  keep  an  account  of  each  bond  or  note  showing 
the  number  thereof,  the  name  of  the  person  to  whom  sold,  the  amount 
received  for  same,  the  date  of  sale  and  the  date  of  maturity. 

251:12  Short  Term  Notes.  Prior  to  the  issuance  of  the  bonds  or 
notes  hereunder,  the  treasurer,  under  the  direction  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  the  bonds 
or  notes  hereunder.  Provided,  however,  that  at  no  time  shall  the  indebted- 
ness of  the  state  on  short  term  loans  exceed  the  following  sums:  (1)  not 
exceeding  the  sum  of  eight  million  three  hundred  forty  one  thousand 
one  hundred  fifty  dollars  for  borrowing  to  provide  funds  for  the  purposes 
of  section  1;  (2)  not  exceeding  the  sum  of  four  million  three  hundred 
thirty  four  thousand  eight  hundred  eleven  dollars  for  borrowing  to  pro- 
vide funds  for  the  purposes  of  section  2;  (3)  not  exceeding  the  sum  of 
one  hundred  eighty  five  thousand  one  hundred  dollars  for  borrowing 
to  provide  funds  for  the  purposes  of  section  3;  and  (4)  not  exceeding  the 
sum  of  one  hundred  twenty  five  thousand  dollars  for  borrowing  to  pro- 
vide funds  for  the  purposes  of  section  4. 

251:13  Sale  of  Bonds  or  Notes.  All  bonds  or  notes,  except  short  term 
loans  issued  under  the  provisions  of  this  act,  shall  be  sold  at  public  sealed 
bidding  to  the  highest  bidder,  provided,  ho\vever,  that  the  governor  and 
council  may  reject  any  or  all  bids  and  may  negotiate  for  said  sale  upon 
terms  which  it  may  deem  most  advantageous  to  the  state. 

251:14  Public  Works.  The  department  of  public  works  and  high- 
ways shall  keep  an  accurate  breakdown  of  all  department  charges,  includ- 
ing consultative  conferences,  on  all  projects  authorized  hereunder,  ex- 
cepting those  provided  under  section  4. 


470  Chapter  251  [1963 

251:15  Liquidation.  The  board  of  trustees  of  the  state  colleges  and 
university  shall  establish  and  charge  board  and  room  rental  rates  for  the 
use  of  the  commons  building  and  dormitories  at  Keene  teachers  college 
and  shall  establish  and  charge  board  and  room  rental  rates  for  the  use 
of  the  commons  building  and  dormitories  at  Plymouth  teachers  college 
as  provided  in  section  2  hereof.  Said  rates  shall  be  sufficient  to  amortize 
the  investment  in  said  commons  and  dormitories.  The  revenue  from  said 
board  and  room  rental  rates  for  the  commons  and  dormitories  at  Keene 
teachers  college  and  the  revenue  from  said  board  and  room  rental  rates 
for  the  commons  and  dormitories  at  Plymouth  teachers  college  shall  be 
paid  into  the  respective  funds  of  said  teachers  colleges,  provided  that  the 
state  treasurer  shall  deduct  from  said  respective  funds  such  sums  as  may 
be  necessary  to  meet  interest  and  principal  payments  in  accordance  with 
the  terms  and  conditions  of  the  bonds  or  notes  issued  under  authority 
hereof  for  the  projects  at  Keene  teachers  college  and  Plymouth  teachers 
college  respectively.  The  state  treasurer  is  authorized  to  deduct  from 
the  fund  accruing  to  the  university  under  RSA  187:24,  or  appropriation 
in  lieu  thereof,  for  each  fiscal  year  such  sum  or  sums  as  may  be  necessary 
to  meet  interest  and  principal  payments  in  accordance  with  the  terms 
and  conditions  of  the  bonds  or  notes  issued  under  the  authority  of  section 
4  hereof. 

251:16  Temporary  Provisions.  Whenever,  in  the  judgement  of  the 
governor  and  council,  it  is  in  the  best  interest  of  state  service  to  establish 
a  higher  salary  or  higher  salary  range  for  any  unclassified  position  in  state 
service,  the  governor  and  council  may  establish  a  higher  salary  or  higher 
salary  range  for  any  such  position.  In  the  case  of  officials  who  are  members 
of  board  or  commissions  all  of  whose  members  under  the  foregoing  table 
receive  the  same  salary,  and  in  the  case  of  officials  who  are  grouped  with 
others  in  said  table,  special  consideration  may  be  given  to  individuals 
whose  responsibilities  differ  from  those  of  others  in  the  same  group.  Ad- 
ditional funds  necessary  to  provide  for  such  increases  shall  be  deemed  a 
just  charge  against  the  salary  adjustment  fund.  The  authority  herein 
granted  to  the  governor  and  council  may  be  exercised  only  until  June 
30,  1965. 

251:17  Suspension.  During  the  time  the  provisions  of  section  il6  are 
in  effect  the  provisions  of  the  first  unnumbered  paragraph  in  RSA  94:1 
immediately  following  the  list  of  salary  ranges  for  unclassified  officials 
shall  be  suspended. 

251:18  Takes  Effect.   This  act  shall  take  efifect  as  of  June  30,  1963. 
[Approved  July  2,  1963.] 
[Effective  as  of  June  30, 1963.] 


1963]  Chapter  252  471 

CHAPTER  252. 

AN  ACT  ENACTING  THE  INTERSTATE  COMPACT  ON  MOTOR  VEHICLE  SAFETY 

EQUIPMENT. 

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

252:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  263-A 
(supp)  as  inserted  by  1955,  209:1  the  following  new  chapter: 

Chapter  263-B 
Vehicle  Equipment  Safety  Compact 

263-B:  1  Compact  Enacted.  The  vehicle  equipment  safety  compact 
is  hereby  enacted  into  law  and  entered  into  with  all  other  jurisdictions 
legally  joining  therein  in  the  form  substantially  as  follows. 

Findings  and  Purposes 

(a)  The  party  states  find  that: 

(1)  Accidents  and  deaths  on  their  streets  and  highways  present  a 
very  serious  human  and  economic  problem  with  a  major  deleterious 
effect  on  the  public  welfare. 

(2)  There  is  a  vital  need  for  the  development  of  greater  interjuris- 
dictional cooperation  to  achieve  the  necessary  uniformity  in  the  laws, 
rules,  regulations  and  codes  relating  to  vehicle  equipment,  and  to  accom- 
plish this  by  such  means  as  will  minimize  the  time  between  the  develop- 
ment of  demonstrably  and  scientifically  sound  safety  features  and  their 
incorporation  into  vehicles. 

(b)  The  purposes  of  this  compact  are  to: 

(1)  Promote  uniformity  in  regulation  of  and  standards  for  equip- 
ment. 

(2)  Secure  uniformity  of  law  and  administrative  practice  in  vehicu- 
lar regulation  and  related  safety  standards  to  permit  incorporation  of 
desirable  equipment  changes  in  vehicles  in  the  interest  of  greater  traffic 
safety. 

(3)  To  provide  means  for  the  encouragement  and  utilization  of 
research  which  will  facilitate  the  achievement  of  the  foregoing  purposes, 
with  due  regard  for  the  findings  set  forth  in  paragraph  (a)  of  this  section. 

(c)  It  is  the  intent  of  this  compact  to  emphasize  performance  re- 
quirements and  not  to  determine  the  specific  detail  of  engineering  in 
the  manufacture  of  vehicles  or  equipment  except  to  the  extent  necessary 
for  the  meeting  of  such  performance  requirements. 


472  Chapter  252  [1963 

263-B:2  Definitions.  As  used  in  this  compact: 

(a)  "Vehicle"  means  every  device  in,  upon  or  by  which  any  person 
or  property  is  or  may  be  transported  or  drawn  upon  a  highway,  excepting 
devices  moved  by  human  power  or  used  exclusively  upon  stationary  rails 
or  tracks. 

(b)  "State"  means  a  state,  territory  or  possession  of  the  United  States, 
the  District  of  Columbia,  or  the  Commonwealth  of  Puerto  Rico. 

(c)  "Equipment"  means  any  part  of  a  vehicle  or  any  accessory  for 
use  thereon  which  affects  the  safety  of  operation  of  such  vehicle  or  the 
safety  of  the  occupants. 

263-B:3  The  Commission. 

(a)  There  is  hereby  created  an  agency  of  the  party  states  to  be  known 
as  the  "Vehicle  Equipment  Safety  Commission"  hereinafter  called  the 
commission.  The  commission  shall  be  composed  of  one  commissioner 
from  each  party  state  who  shall  be  appointed,  serve  and  be  subject  to 
removal  in  accordance  with  the  laws  of  the  state  which  he  represents.  If 
authorized  by  the  laws  of  his  party  state,  a  commissioner  may  provide  for 
the  discharge  of  his  duties  and  the  performance  of  his  functions  on  the 
commission,  either  for  the  duration  of  his  membership  or  for  any  lesser 
period  of  time,  by  an  alternate.  No  such  alternate  shall  be  entitled  to 
serve  unless  notification  of  his  identity  and  appointment  shall  have  been 
given  to  the  commission  in  such  form  as  the  commission  may  require. 
Each  commissioner,  and  each  alternate,  when  serving  in  the  place  and 
stead  of  a  commissioner  shall  be  entitled  to  be  reimbursed  by  the  com- 
mission for  expenses  actually  incurred  in  attending  commission  meetings 
or  while  engaged  in  the  business  of  the  commission. 

(b)  The  commissioners  shall  be  entitled  to  one  vote  each  on  the 
commission.  No  action  of  the  commission  shall  be  binding  unless  taken 
at  a  meeting  at  which  a  majority  of  the  total  number  of  votes  on  the  com- 
mission are  cast  in  favor  thereof.  Action  of  the  commission  shall  be  only 
at  a  meeting  at  which  a  majority  of  the  commissioners,  or  their  alternates, 
are  present. 

(c)  The  commission  shall  have  a  seal. 

(d)  The  commission  shall  elect  annually,  from  among  its  members, 
a  chairman,  a  vice  chairman  and  a  treasurer.  The  commission  may  ap- 
point an  executive  director  and  fix  his  duties  and  compensation.  Such 
executive  director  shall  serve  at  the  pleasure  of  the  commission,  and  to- 
gether with  the  treasurer  shall  be  bonded  in  such  amount  as  the  com- 
mission shall  determine.  The  executive  director  also  shall  serve  as  secre- 
tary. If  there  be  no  executive  director,  the  commission  shall  elect  a 
secretary  in  addition  to  the  other  officers  provided  by  this  section. 


1963]  Chapter  252  473 

(e)  Irrespective  of  the  civil  service,  personnel  or  other  merit  system 
laws  of  any  of  the  party  states,  the  executive  director  with  the  approval 
of  the  commissioner,  or  the  commission  if  there  be  no  executive  director, 
shall  appoint,  remove  or  discharge  such  personnel  as  may  be  necessary 
for  the  performance  of  the  commission's  functions,  and  shall  fix  the  duties 
and  compensation  of  such  personnel. 

(f)  The  commission  may  establish  and  maintain  independently  or 
in  conjunction  with  any  one  or  more  of  the  party  states,  a  suitable  retire- 
ment system  for  its  full  time  employees.  Employees  of  the  commission 
shall  be  eligible  for  social  security  coverage  in  respect  of  old  age  and  sur- 
vivor's insurance  provided  that  the  commission  takes  such  steps  as  may 
be  necessary  pursuant  to  the  laws  of  the  United  States,  to  participate  in 
such  program  of  insurance  as  a  governmental  agency  or  unit.  The  com- 
mission may  establish  and  maintain  or  participate  in  such  additional 
programs  of  employee  benefits  as  may  be  appropriate. 

(g)  The  commission  may  borrow,  accept  or  contract  for  the  services 
of  personnel  from  any  party  state,  the  United  States,  or  any  subdivision 
or  agency  of  the  aforementioned  governments,  or  from  any  agency  of  two 
or  more  of  the  party  states  or  their  subdivisions. 

(h)  The  commission  may  accept  for  any  of  its  purposes  and  func- 
tions under  this  compact  any  and  all  donations,  and  grants  of  money, 
equipment,  supplies,  materials,  and  services,  conditional  or  otherwise, 
from  any  state,  the  United  States,  or  any  other  governmental  agency  and 
may  receive,  utilize  and  dispose  of  the  same. 

(i)  The  commission  may  establish  and  maintain  such  facilities  as 
may  be  necessary  for  the  transacting  of  its  business.  The  commission  may 
acquire,  hold,  and  convey  real  and  personal  property  and  any  interest 
therein. 

(j)  The  commission  shall  adopt  bylaws  for  the  conduct  of  its  busi- 
ness and  shall  have  the  power  to  amend  and  rescind  these  bylaws.  The 
commission  shall  publish  its  bylaws  in  convenient  form  and  shall  file  a 
copy  thereof  and  a  copy  of  any  amendment  thereto,  with  the  appropriate 
agency  or  officer  in  each  of  the  party  states.  The  bylaws  shall  provide  for 
appropriate  notice  to  the  commissioners  of  all  commission  meetings  and 
hearings  and  the  business  to  be  transacted  at  such  meetings  or  hearings. 
Such  notice  shall  also  be  given  to  such  agencies  or  officers  of  each  party 
state  as  the  laws  of  such  party  state  may  provide. 

(k)  The  commission  annually  shall  make  to  the  governor  and  legis- 
lature of  each  party  state  a  report  covering  the  activities  of  the  commission 
for  the  preceding  year,  and  embodying  such  recommendations  as  may 
have  been  issued  by  the  commission.  The  commission  may  make  such 
additional  reports  as  it  may  deem  desirable. 


474  Chapter  252  [1963 

263-B:4  Research  and  Testings. 

The  commission  shall  have  power  to: 

(a)  Collect,  correlate,  analyze  and  evaluate  information  resulting 
or  derivable  from  research  and  testing  activities  in  equipment  and  related 
fields. 

(b)  Recommend  and  encourage  the  undertaking  of  research  and 
testing  in  any  aspect  of  equipment  or  related  matters  when,  in  its  judg- 
ment, appropriate  or  sufficient  research  or  testing  has  not  been  under- 
taken. 

(c)  Contract  for  such  equipment  research  and  testing  as  one  or  more 
governmental  agencies  may  agree  to  have  contracted  for  by  the  commis- 
sion, provided  that  such  governmental  agency  or  agencies  shall  make 
available  the  funds  necessary  for  such  research  and  testing. 

(d)  Recommend  to  the  party  states  changes  in  law  or  policy  with 
emphasis  on  uniformity  of  laws  and  administrative  rules,  regulations  or 
codes  which  would  promote  effective  governmental  action  or  coordina- 
tion in  the  prevention  of  equipment-related  highway  accidents  or  the 
mitigation  of  equipment-related  highway  safety  problems. 

263-B:5  Vehicular  Equipment. 

(a)  In  the  interest  of  vehicular  and  public  safety,  the  commission 
may  study  the  need  for  or  desirability  of  the  establishment  of  or  changes 
in  performance  requirements  or  restrictions  for  any  item  of  equipment. 
As  a  result  of  such  study,  the  commission  may  publish  a  report  relating 
to  any  item  or  items  of  equipment,  and  the  issuance  of  such  a  report  shall 
be  a  condition  precedent  to  any  proceedings  or  other  action  provided  or 
authorized  by  this  section.  No  less  than  sixty  days  after  the  publication  of 
a  report  containing  the  results  of  such  study,  the  commission  upon  due 
notice  shall  hold  a  hearing  or  hearings  at  such  place  or  places  as  it  may 
determine. 

(b)  Following  the  hearing  or  hearings  provided  for  in  paragraph 
(a)  of  this  section,  and  with  due  regard  for  standards  recommended  by 
appropriate  professional  and  technical  associations  and  agencies,  the 
commission  may  issue  rules,  regulations  or  codes  embodying  performance 
requirements  or  restrictions  for  any  item  or  items  of  equipment  covered 
in  the  report,  which  in  the  opinion  of  the  commission  will  be  fair  and 
equitable  and  effectuate  the  purposes  of  this  compact. 

(c)  Each  party  state  obligates  itself  to  give  due  consideration  to  any 
and  all  rules,  regulations  and  codes  issued  by  the  commission  and  hereby 
declares  its  policy  and  intent  to  be  the  promotion  of  uniformity  in  the 
laws  of  the  several  party  states  relating  to  equipment. 


1963]  Chapter  252  475 

(d)  The  commission  shall  send  prompt  notice  of  its  action  in  issu- 
ing any  rule,  regulation  or  code  pursuant  to  this  section  to  the  appropri- 
ate motor  vehicle  agency  of  each  party  state  and  such  notice  shall  contain 
the  complete  text  of  the  rule,  regulation  or  code. 

(e)  If  the  constitution  of  a  party  state  requires,  or  if  its  statutes  pro- 
vide, the  approval  of  the  legislature  by  appropriate  resolution  or  act  may 
be  made  a  condition  precedent  to  the  taking  effect  in  such  party  state 
of  any  rule,  regulation  or  code.  In  such  event,  the  commissioner  of  such 
party  state  shall  submit  any  commission  rule,  regulation  or  code  to  the 
legislature  as  promptly  as  may  be  in  lieu  of  administrative  acceptance  or 
rejection  thereof  by  the  party  state. 

(f)  Except  as  otherwise  specifically  provided  in  or  pursuant  to  para- 
graphs (e)  and  (g)  of  this  section,  the  appropriate  motor  vehicle  agency 
of  a  party  state  shall  in  accordance  with  its  constitution  or  procedural 
laws  adopt  the  rule,  regulation  or  code  within  six  months  of  the  sending 
of  the  notice,  and,  upon  such  adoption,  the  rule,  regulations  or  code  shall 
have  the  force  and  effect  of  law  therein. 

(g)  The  appropriate  motor  vehicle  agency  of  a  party  state  may  de- 
cline to  adopt  a  rule,  regulation  or  code  issued  by  the  commission  pur- 
suant to  this  section  if  such  agency  specifically  finds,  after  public  hearing 
on  due  notice,  that  a  variation  from  the  commission's  rule,  regulation  or 
code  is  necessary  to  the  public  safety,  and  incorporates  in  such  finding 
the  reasons  upon  which  it  is  based.  Any  such  finding  shall  be  subject  to 
review  by  such  procedure  for  review  of  administrative  determinations  as 
may  be  applicable  pursuant  to  the  laws  of  the  party  state.  Upon  request, 
the  commission  shall  be  furnished  with  a  copy  of  the  transcript  of  any 
hearings  held  pursuant  to  this  chapter. 

263-B:6  Finance. 

(a)  The  commission  shall  submit  to  the  executive  head  or  desig- 
nated officer  or  officers  of  each  party  state  a  budget  of  its  estimated  ex- 
penditures for  such  period  as  may  be  required  by  the  laws  of  that  party 
state  for  presentation  to  the  legislature  thereof. 

(b)  Each  of  the  commission's  budgets  of  estimated  expenditures 
shall  contain  specific  recommendations  of  the  amount  or  amounts  to  be 
appropriated  by  each  of  the  party  states.  The  total  amount  of  appropria- 
tions under  any  such  budget  shall  be  apportioned  among  the  party  states 
as  follows:  one-third  in  equal  shares;  and  the  remainder  in  proportion  to 
the  number  of  motor  vehicles  registered  in  each  party  state.  In  determin- 
ing the  number  of  such  registrations,  the  commission  may  employ  such 
source  or  sources  of  information  as,  in  its  judgment  present  the  most 
equitable  and  accurate  comparisons  among  the  party  states.  Each  of  the 
commission's  budgets  of  estimated  expenditures  and  requests  for  appro- 


476  Chapter  252  [1963 

priation  shall  indicate  the  source  or  sources  used  in  obtaining  information 
concerning  vehicular  registrations. 

(c)  The  commission  shall  not  pledge  the  credit  of  any  party  state. 
The  commission  may  meet  any  of  its  obligations  in  whole  or  in  part  with 
funds  available  to  it  under  paragraph  (h),  section  3  of  this  chapter,  pro- 
vided that  the  commission  takes  specific  action  setting  aside  such  funds 
prior  to  incurring  any  obligation  to  be  met  in  whole  or  in  part  in  such 
manner.  Except  where  the  commission  makes  use  of  funds  available  to 
it  under  paragraph  (h)  section  3  hereof,  the  commission  shall  not  incur 
any  obligation  prior  to  the  allotment  of  funds  by  the  party  states  adequate 
to  meet  the  same. 

(d)  The  commission  shall  keep  accurate  accounts  of  all  receipts  and 
disbursements.  The  receipts  and  disbursements  of  the  commission  shall 
be  subject  to  the  audit  and  accounting  procedures  established  under  its 
rules.  However,  all  receipts  and  disbursements  of  funds  handled  by  the 
commission  shall  be  audited  yearly  by  a  qualified  public  accountant  and 
the  report  of  the  audit  shall  be  included  in  and  become  part  of  the  annual 
report  of  the  commission. 

(e)  The  accounts  of  the  commission  shall  be  open  at  any  reasonable 
time  for  inspection  by  duly  constituted  officers  of  the  party  states  and  by 
any  persons  authorized  by  the  commission. 

(f)  Nothing  contained  herein  shall  be  construed  to  prevent  com- 
mission compliance  with  laws  relating  to  audit  or  inspection  of  accounts 
by  or  on  behalf  of  any  government  contributing  to  the  support  of  the 
commission. 

263-B:7  Conflict  of  Interest. 

(a)  The  commission  shall  adopt  rules  and  regulations  with  respect 
to  conflict  of  interest  for  the  commissioners  of  the  party  states,  and  their 
alternates,  if  any,  and  for  the  staff  of  the  commission  and  contractors 
with  the  commission  to  the  end  that  no  member  or  employee  or  con- 
tractor shall  have  a  pecuniary  or  other  incompatible  interest  in  the  manu- 
facture, sale  or  distribution  of  motor  vehicles  or  vehicular  equipment 
or  in  any  facility  or  enterprise  employed  by  the  commission  or  on  its 
behalf  for  testing,  conduct  of  investigations  or  research.  In  addition  to 
any  penalty  for  violation  of  such  rules  and  regulations  as  may  be  ap- 
plicable under  the  laws  of  the  violator's  jurisdiction  of  residence,  employ- 
ment or  business,  any  violation  of  a  commission  rule  or  regulation 
adopted  pursuant  to  this  section  shall  require  the  immediate  discharge 
of  any  violating  employee  and  the  immediate  vacating  of  membership, 
or  relinquishing  of  status  as  a  member  on  the  commission  by  any  com- 
missioner or  alternate.  In  the  case  of  a  contractor,  any  violation  of  any 
such  rule  or  regulation  shall  make  any  contract  of  the  violator  with  the 
commission  subject  to  cancellation  by  the  commission. 


1963]  Chapter  252  477 

(b)  Nothing  contained  in  this  section  shall  be  deemed  to  prevent 
a  contractor  for  the  commission  from  using  any  facilities  subject  to  his 
control  in  the  performance  of  the  contract  even  though  such  facilities 
are  not  devoted  solely  to  work  of  or  done  on  behalf  of  the  commission; 
nor  to  prevent  such  a  contractor  from  receiving  remuneration  or  profit 
from  the  use  of  such  facilities. 

263-B:8  Advisory  and  Technical  Committees. 

The  commission  may  establish  such  advisory  and  technical  com- 
mittees as  it  may  deem  necessary,  membership  on  which  may  include 
private  citizens  and  public  officials,  and  may  cooperate  with  and  use  the 
services  of  any  such  committees  and  the  organizations  which  the  members 
represent  in  furthering  any  of  its  activities. 

263-B:9  Entry  Into  Force  and  Withdrawal. 

(a)  This  compact  shall  enter  into  force  when  enacted  into  law  by 
any  six  or  more  states.  Thereafter,  this  compact  shall  become  effective  as 
to  any  other  state  upon  its  enactment  thereof. 

(b)  Any  party  state  may  withdraw  from  this  compact  by  enacting 
a  statute  repealing  the  same,  but  no  such  withdrawal  shall  take  effect 
until  one  year  after  the  executive  head  of  the  withdrawing  state  has  given 
notice  in  writing  of  the  withdrawal  to  the  executive  heads  of  all  other 
party  states.  No  withdrawal  shall  affect  any  liability  already  incurred  by 
or  chargeable  to  a  party  state  prior  to  the  time  of  such  withdrawal. 

263-B:  10  Construction  and  Severability. 

This  compact  shall  be  liberally  construed  so  as  to  effectuate  the  pur- 
poses thereof.  The  provisions  of  this  compact  shall  be  severable  and  if 
any  phrase,  clause,  sentence  or  provision  of  this  compact  is  declared  to 
be  contrary  to  the  constitution  of  any  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  this  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  herein,  the  compact  shall  re- 
main in  full  force  and  effect  as  to  the  remaining  party  states  and  in  full 
force  and  effect  as  to  the  state  affected  as  to  all  severable  matters. 

,  252:2  Findings  and  Need.  The  legislature  finds  that: 

I.  The  public  safety  necessitates  the  continuous  development,  mod- 
ernization and  implementation  of  standards  and  requirements  of  law 
relating  to  vehicle  equipment,  in  accordance  with  expert  knowledge  and 
opinion. 


478  Chapter  252  [1963 

II.  The  public  safety  further  requires  that  such  standards  and  re- 
quirements be  uniform  from  jurisdiction  to  jurisdiction,  except  to  the 
extent  that  specific  and  compelling  evidence  supports  variation. 

III.  The  department  of  safety  acting  upon  recommendations  of  the 
vehicle  equipment  safety  commission  and  pursuant  to  RSA  263-B  as  in- 
serted by  this  act  provides  a  just,  equitable  and  orderly  means  of  promot- 
ing the  public  safety  in  the  manner  and  within  the  scope  contemplated 
by  this  act. 

252:3  Repealer.  A  provision  of  RSA  chapter  263  shall  continue  to 
be  of  force  and  effect  only  until  superseded  by  a  rule,  regulation  or  code 
adopted  by  the  department  of  safety  pursuant  to  RSA  263-B  as  inserted 
by  this  act.  Any  such  rule,  regulation  or  code  shall  specify  the  provision 
or  provisions  of  existing  statute  being  superseded  in  accordance  with  and 
as  required  by  this  act.  Any  such  provision  or  provisions  are  hereby  re- 
pealed, effective  on  the  date  when  the  rule,  regulation  or  code  super- 
seding such  provision  or  provisions  becomes  effective  pursuant  to  RSA 
263-B  as  inserted  by  this  act  and  such  other  provisions  of  this  act  as  may 
be  applicable.  Any  person  convicted  of  a  violation  of  any  rule,  regulation 
or  code  adopted  by  the  department  of  safety  pursuant  to  RSA  263-B  as 
inserted  by  this  act  shall  be  subject  to  the  penalties  provided  in  RSA 
262:28  as  amended. 

252:4  Commissioner  Designated.  The  commissioner  of  this  state  on 
the  vehicle  equipment  safety  commission  shall  be  the  commissioner  of 
safety  who  shall  serve  during  his  continuance  as  such.  He  may  designate 
an  alternate  from  among  the  officers  and  employees  of  his  department 
to  serve  in  his  place  and  stead  on  the  vehicle  equipment  safety  commis- 
sion. Subject  to  the  provisions  of  RSA  263-B  as  inserted  by  this  act  and 
bylaws  of  the  vehicle  equipment  safety  commission,  the  authority  and 
responsibilities  of  such  alternate  shall  be  as  determined  by  the  commis- 
sioner, designating  such  alternate. 

252:5  Retirement  Benefits.  The  New  Hampshire  retirement  system 
may  make  an  agreement  with  the  vehicle  equipment  safety  commission 
for  the  coverage  of  said  commission's  employees  pursuant  to  RSA  263- 
B:3(f)  as  inserted  by  this  act.  Any  such  agreement,  as  nearly  as  may  be 
shall  provide  for  arrangements  similar  to  those  available  to  the  employees 
of  this  state  and  shall  be  subject  to  amendment  or  termination  in  accord- 
ance with  its  terms. 

252:6  Cooperation.  Within  appropriations  available  therefor,  the 
departments,  agencies  and  officers  of  the  government  of  this  state  may 
cooperate  with  and  assist  the  vehicle  equipment  safety  commission  within 
the  scope  contemplated  by  RSA  263-B:3(h)  as  inserted  by  this  act.  The 
departments,  agencies  and  officers  of  the  government  of  this  state  are 
authorized  generally  to  cooperate  with  said  commission. 


1963]  Chapter  253  479 

252:7  Filing  and  Notice.  Filing  of  documents  as  required  by  RSA 
263-B:3(j)  as  inserted  by  this  act  shall  be  with  the  department  of  safety. 
Any  and  all  notices  required  by  commission  bylaws  to  be  given  pursuant 
to  RSA  263-B:3(j)  as  inserted  by  this  act  shall  be  given  to  the  commis- 
sioner of  this  state,  his  alternate,  if  any,  and  the  attorney  general  of  this 
state. 

252:8  Review.  Any  action  of  the  department  of  safety  in  adopting 
or  declining  to  adopt  a  recommended  rule,  regulation  or  code  pursuant 
to  RSA  263-B:5  as  inserted  by  this  act  shall  be  reviewable  at  the  instance 
of  any  aggrieved  person  in  the  manner  provided  in  RSA  chapter  541. 

252:9  Budget.  Pursuant  to  RSA  263-B:6(a)  as  inserted  by  this  act 
the  vehicle  equipment  safety  commission  shall  submit  its  budgets  as  pro- 
vided by  RSA  chapter  9. 

252:10  Inspection  of  Accounts.  Pursuant  to  RSA  263-B:6(e)  as  in- 
serted by  this  act  the  department  of  administration  and  control  and  the 
legislative  budget  assistant  is  hereby  empowered  and  authorized  to  in- 
spect the  accounts  of  the  vehicle  equipment  safety  commission. 

252:11  Definition.  The  term  "executive  head"  as  used  in  RSA  263- 
B:9(b)  as  inserted  by  this  act  shall,  with  reference  to  this  state,  mean  the 
governor. 

252:12  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  253. 

AN  ACT  MAKING  AN  APPROPRIATION  FOR  EDUCATIONAL  TELEVISION. 

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

253:1  Appropriation.  A  sum  of  not  exceeding  two  hundred  and 
forty-five  thousand,  five  hundred  dollars  is  hereby  appropriated  to  be 
expended  by  the  university  of  New  Hampshire  for  the  purpose  of  ex- 
panding the  WENH-TV  transmitter  to  full  power. 

253:2  Bonds  or  Notes  Authorized.  For  the  purpose  of  providing 
funds  necessary  for  the  appropriation  made  by  section  1  the  state  treas- 
urer is  hereby  authorized,  under  the  direction  of  the  governor  and  coun- 
cil, to  borrow  on  the  credit  of  the  state  from  time  to  time,  a  total  of  two 
hundred  forty-five   thousand,   five  hundred  dollars  for  the  purpose  of 


480  Chapter  253  [1963 

carrying  into  effect  the  provisions  hereof  and  for  that  purpose  may  issue 
bonds  or  notes  in  the  name  and  on  behalf  of  the  state  of  New  Hampshire 
at  a  rate  of  interest  to  be  determined  by  the  governor  and  council.  The 
maturity  dates  of  such  bonds  or  notes  shall  be  determined  in  each  case 
by  the  governor  and  council  but  in  no  case  shall  they  be  later  than  1980. 

253:3  Form  and  Accounts.  All  such  bonds  or  notes  shall  be  in  such 
form  and  such  denomination  as  the  governor  and  council  shall  deter- 
mine, may  be  registrable  as  to  both  principal  and  interest,  shall  be 
countersigned  by  the  governor  and  shall  be  deemed  a  pledge  of  the  faith 
and  credit  of  the  state.  The  secretary  of  state  and  the  state  treasurer  shall 
keep  such  account  of  all  such  bonds  or  notes  as  are  kept  of  other  state  bonds 
or  notes.  The  treasurer  may  negotiate  and  sell  such  bonds  or  notes  by 
direction  of  the  governor  and  council  in  such  manner  as  they  may  deter- 
mine most  advantageous  to  the  state.  The  proceeds  of  the  sale  of  such 
bonds  or  notes  shall  be  held  by  the  treasurer  and  paid  out  by  him  upon 
warrants  drawn  by  the  governor  for  the  purposes  of  this  act  alone  and 
the  governor,  with  the  advice  and  consent  of  the  council,  shall  draw  his 
warrants  for  the  payment  from  the  funds  provided  for  herein  of  all  sums 
expended  or  due  for  the  purposes  herein  authorized. 

253:4  Short-term  Loans.  Prior  to  the  issuance  of  the  bonds  or  notes 
hereunder,  the  treasurer,  under  the  direction  of  the  governor  and  coun- 
cil, may  for  the  purposes  hereof  borrow  money  from  time  to  time  on  short- 
term  loans,  which  may  be  refunded  by  the  issuance  of  the  bonds  or  notes 
hereunder.  Provided,  however,  that  at  no  one  time  shall  the  indebtedness 
of  the  state  on  such  short-term  loans  exceed  the  sum  of  two  hundred 
forty-five  thousand,  five  hundred  dollars. 

253:5  Application  of  Existing  Statute.  The  provisions  of  RSA  228:4 
(supp)  as  amended  by  1957,  257:1  and  1959,  58:1  shall  apply  to  the  execu- 
tion of  agreements  pursuant  to  this  act. 

253:6  Federal  Funds.  The  university  of  New  Hampshire  is  author- 
ized and  empowered  to  apply  for  and  receive  any  federal  funds  which  are 
now  or  may  at  any  future  date  become  available  for  educational  television. 

253:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  255  481 

CHAPTER  254. 

AN  ACT  RELATIVE  TO  EMERGENCY  LIGHTS  ON  MOTOR  VEHICLES. 

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

254:1  Motor  Vehicles.  Amend  RSA  263:41  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  263:41  Emergency 
Lights.  It  shall  be  unlawful  for  any  motor  vehicle  to  be  operated  on  the 
ways  of  the  state  equipped  with  an  emergency  light.  This  provision  shall 
not  apply  to  vehicles  of  law  enforcement  officers,  forestry  departments, 
fire  departments,  volunteer  members  of  fire  departments,  state,  city  or 
town  highway  or  public  works  departments,  public  utilities,  wreckers,  or 
public  or  private  ambulances.  The  director  by  regulation  shall  determine 
the  location  and  color  of  said  emergency  lights. 

254:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  il 963.] 
[Effective  September  1,  1963.] 


CHAPTER  255. 

AN  ACT  EXTENDING  THE  TIME  WHEN  EXPENDITURES  CAN  BE  MADE  FROM 
CERTAIN  AERONAUTICAL  APPROPRIATIONS. 

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

255:1  Time  Extended.  Amend  1957,  319:2,  as  amended  by  1959, 
73:1  and  1961,  260:1  by  striking  out  the  figure  "1963"  in  the  last  line  and 
inserting  in  place  thereof  the  figure,  1965,  so  that  said  section  as  amended 
shall  read  as  follows:  319:2  Aeronautical  Appropriations.  Notwithstand- 
ing other  provisions  of  law  the  unexpended  balance  of  the  amount  appro- 
priated by  section  33  of  chapter  306  of  the  Revised  Laws,  as  inserted  by 
section  10,  chapter  281,  Laws  of  1947,  chapter  19,  Laws  of  il953,  and  chap- 
ter 236,  Laws  of  1955,  shall  be  deemed  to  be  appropriated  for  the  pur- 
poses specified  in  said  section  and  be  available  for  such  expenditures  until 
June  30,  1965. 

255:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


482  Chapter  257  [1963 

CHAPTER  256. 

AN  ACT  PROVIDING  IMMUNITY  FROM  LIABILITY  IN  EMERGENCY  CASES. 

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

256:1  Physicians  and  Surgeons.  Amend  RSA  329  by  inserting  after 
section  24  the  following  new  section:  329:25  Emergency  Treatment.  No 
person,  authorized  to  practice  medicine  under  this  chapter  or  under  the 
laws  of  any  other  state,  who,  in  good  faith,  renders  emergency  care  at  the 
scene  of  an  emergency  on  or  along  any  public  highway  without  making 
any  charge  therefor,  shall  be  liable  for  any  civil  damages  as  a  result  of  acts 
or  omissions  by  such  person  in  rendering  such  emergency  care,  or  as  a  re- 
sult of  any  act  or  failure  to  act  to  provide  or  arrange  for  further  medical 
treatment  or  care. 

256:2  Takes  Effect.  This  act  shall  take  effect  on  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  257. 

AN  ACT  RELATIVE  TO  SALARY  OF  THE  JUSTICES  OF  ROCHESTER  MUNICIPAL 

COURT. 

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

257:1  Rochester  Municipal  Court.  Amend  paragraph  I  of  RSA  502:7 
(supp)  as  amended  by  1955,  133:1,  182:1,  279:il,  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,  105:1, 
212:1  and  1961,  15:1,  124:1  and  1963,  13:1  by  striking  out  the  words  "In 
Rochester,  one  thousand  eight  hundred  dollars"  and  inserting  in  place 
thereof  the  words.  In  Rochester,  two  thousand  six  hundred  dollars;  so  that 
said  paragraph  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,  four  thousand  dollars; 

In  Dover,  three  thousand  five  hundred  dollars; 

In  Laconia,  three  thousand  dollars; 

In  Keene,  three  thousand  dollars; 


1963]  Chapter  258  483 

In  Claremont,  two  thousand  three  hundred  dollars; 

In  Berlin,  twenty-two  hundred  dollars; 

In  Rochester,  two  thousand  six  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,  eisrht  hundred  dollars; 

In  Hampton,  one  thousand  dollars; 

In  Milford,  six  hundred  dollars; 

In  Haverhill,  eight  hundred  dollars; 

In  Salem,  one  thousand  dollars. 

257:2  Special  Justice.  Amend  RSA  502  by  inserting  after  section  8 
the  following  new  section:  502:8-a  Rochester.  The  special  justice  of  the 
municipal  court  of  the  city  of  Rochester  shall  be  paid  from  the  treasury 
of  said  city,  three  hundred  dollars  for  each  year  that  he  shall  serve  in  said 
capacity,  which  shall  be  in  lieu  of  any  other  compensation  or  fees,  to  be 
paid  by  said  city  quarterly. 

257:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1, 1963.] 


CHAPTER  258. 

AN  ACT  TO  REVISE  THE  LAW  RELATING  TO  COOPERATIVE  SCHOOL  DISTRICTS. 

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

258:1  New  Procedure.  Amend  RSA  195  by  adding  at  the  end 
thereof  the  following  new  subdivision: 

Cooperative  School  Districts  Hereafter  Formed 

195:18  Procedure.  After  June  30,  1963,  cooperative  school  districts 
shall  be  organized  solely  in  accordance  with  the  following  procedure:  I. 
Any  school  district  pursuant  to  an  article  in  the  warrant  for  any  annual 
or  special  meeting  may  vote  to  create  a  cooperative  school  district  plan- 
ning committee  consisting  of  three  qualified  voters  of  whom  at  least  one 
shall  be  a  member  of  the  school  board.  The  members  of  the  committee 
shall  be  elected  at  the  meeting  at  which  the  committee  is  created,  unless 


484  Chapter  258  [1963 

the  district  determines  that  they  shall  be  appointed  by  the  moderator. 
The  members  of  the  committee  shall  serve  without  pay  for  a  term  ending 
(1)  at  the  third  annual  meeting  of  the  district  following  the  creation  of 
the  committee,  if  the  committee  is  created  at  an  annual  meeting,  or  (2) 
at  the  first  annual  meeting  of  the  district  next  following  the  expiration 
of  three  years  from  the  date  of  the  creation  of  the  committee,  if  the  com- 
mittee is  created  at  a  special  meeting,  or  (3)  upon  the  final  adjournment 
of  the  organization  meeting  of  any  cooperative  school  district  of  which 
the  district  becomes  a  part.  If  the  term  of  the  committee  ends  at  an  an- 
nual meeting  of  the  district,  the  district  may  create  a  successor  cooperative 
school  district  planning  committee  pursuant  to  the  foregoing  provisions. 
Vacancies  on  the  committee  shall  be  filled  by  the  moderator  for  the  bal- 
ance of  the  unexpired  term.  The  district  may  appropriate  money  to  meet 
the  expenses  of  the  committee  at  the  meeting  at  which  it  is  created  or  at 
any  subsequent  district  meeting  notwithstanding  the  provisions  of  RSA 
32  or  RSA  197:3,  and  such  expenses  may  include  the  cost  of  publication 
and  distribution  of  reports.  Cooperative  school  district  planning  commit- 
tees from  any  two  or  more  school  districts  may  join  together  to  form  a 
cooperative  school  district  planning  board  which  shall  organize  by  the 
election  of  a  chairman  and  a  clerk-treasurer.  The  planning  board  may 
thereafter  admit  to  membership  planning  committees  from  other  school 
districts,  but  the  members  of  a  planning  committee  shall  not  be  members 
of  more  than  one  planning  board  at  any  one  time.  A  cooperative  school 
district  planning  board  shall  act  by  a  majority  vote  of  its  total  member- 
ship. 

II.  It  shall  be  the  duty  of  the  cooperative  school  district  planning 
board  to  study  the  advisability  of  establishing  a  cooperative  school  dis- 
trict in  accordance  with  the  standards  set  forth  in  section  2  of  this  chap- 
ter, its  organization,  operation  and  control,  and  the  advisability  of  con- 
structing, maintaining  and  operating  a  school  or  schools  to  serve  the 
needs  of  such  district;  to  estimate  the  construction  and  operating  costs 
thereof;  to  investigate  the  methods  of  financing  such  school  or  schools, 
and  any  other  matters  pertaining  to  the  organization  and  operation  of  a 
cooperative  school  district;  and  to  submit  a  report  or  reports  of  its  find- 
ings and  recommendations  to  the  several  school  districts. 

III.  A  cooperative  school  district  planning  board  may  recommend 
that  a  cooperative  school  district  composed  of  all  the  school  districts 
represented  by  its  membership  or  any  specified  combination  of  such 
school  districts  be  established.  The  planning  board  shall  prepare  pro- 
posed articles  of  agreement  for  the  proposed  cooperative  school  district, 
which  shall  be  signed  by  at  least  a  majority  of  the  membership  of  the 
planning  board,  which  set  forth  the  following: 

(a)  The  school  districts  which  shall  be  combined  to  form  the  pro- 
posed cooperative  school  district  and  the  name  of  such  cooperative  school 
district. 


1963]  Chapter  258  485 

(b)  The  number,  composition,  method  of  selection,  which  shall  in- 
clude use  of  the  non-partisan  ballot  system  under  RSA  59,  and  terms  of 
office  of  the  cooperative  school  board,  except  that  the  cooperative  school 
board  shall  consist  of  an  odd  number  of  members,  not  less  than  five  nor 
more  than  fifteen,  who  shall  be  elected  for  terms  not  exceeding  three 
years,  each  pre-existing  district  voting  separately  at  the  cooperative  school 
district  meeting  to  elect  at  least  one  member  by  use  of  a  distinctive  ballot 
for  each  such  district. 

(c)  The  grades  for  which  the  cooperative  school  district  shall  be 
responsible. 

(d)  The  specific  properties  of  pre-existing  districts  to  be  acquired  by 
the  cooperative  school  district  and  the  general  location  of  any  proposed 
new  schools  to  be  initially  established  or  constructed  by  the  cooperative 
school  district. 

(e)  The  method  of  apportioning  the  operating  expenses  of  the  co- 
operative school  district  among  the  several  pre-existing  districts  and  the 
time  and  manner  of  payment  of  such  shares. 

(f)  The  indebtedness  of  any  pre-existing  district  which  the  coopera- 
tive school  district  is  to  assume. 

(g)  The  method  of  apportioning  the  capital  expenses  of  the  co- 
operative school  district  among  the  several  pre-existing  districts,  which 
need  not  be  the  same  as  the  method  for  apportioning  operating  expenses, 
and  the  time  and  manner  of  payment  of  such  shares.  Capital  expenses 
shall  include  the  costs  of  acquiring  land  and  buildings  for  school  pur- 
poses, including  property  owned  by  a  pre-existing  district;  the  construc- 
tion, furnishing  and  equipping  of  school  buildings  and  facilities;  and  the 
payment  of  the  principal  and  interest  of  any  indebtedness  which  is  in- 
curred to  pay  for  the  same  or  whch  is  assumed  by  the  cooperative  school 
district. 

(h)  The  manner  in  which  the  state  aid  referred  to  in  section  15,  or 
any  other  available  state  aid,  shall  be  allocated,  unless  it  is  otherwise  ex- 
pressly provided  by  the  law  making  such  aid  available. 

(i)  The  method  by  which  the  articles  of  agreement  may  be  amended 
with  the  approval  of  the  board;  except  that  no  amendment  may  permit 
secession  of  territory  and  the  provisions  adopted  under  either  subpara- 
graph (e)  or  (g)  above  may  not  be  amended  prior  to  the  expiration  of  five 
years  from  the  date  of  the  first  annual  meeting  of  the  cooperative  school 
district,  or  thereafter,  within  five  years  following  the  adoption  of  any 
amendment  to  such  provisions  respectively;  but  such  provisions  may  be 
amended  at  any  time  in  order  to  permit  the  annexation  of  a  school  dis- 
trict or  an  increase  in  the  number  of  grades  for  which  the  cooperative 
school  district  shall  be  responsible. 


486  Chapter  258  [1963 

(j)  The  date  of  operating  responsibility  of  the  proposed  cooperative 
school  district,  and  a  proposed  program  for  the  assumption  of  operating 
responsibility  for  education  by  the  proposed  cooperative  school  district 
and  any  school  construction;  which  the  cooperative  school  district  shall 
have  the  power  to  vary  by  vote  as  circumstances  may  require. 

(k)  Any  other  matters,  not  incompatible  with  law,  which  the  co- 
operative school  district  planning  board  may  consider  appropriate  to  in- 
clude in  the  articles  of  agreement. 

IV.  Notwithstanding  the  provisions  of  section  9  of  this  chapter,  the 
articles  of  agreement,  or  any  amendment  thereto,  may  provide  for  the 
donation,  the  sale  or  the  transfer  under  a  lease-purchase  agreement  of  any 
school  property  owned  by  a  pre-existing  district  to  the  cooperative  school 
district,  except  that  no  lease-purchase  agreement  shall  extend  for  a  period 
of  more  than  twenty  years.  The  adoption  of  the  articles  of  agreement  or 
any  such  amendment  shall  be  sufficient  authorization  for  the  appro- 
priate school  boards  to  carry  out  the  transaction.  Obligations  incurred  by 
the  cooperative  school  district  in  connection  with  any  lease-purchase 
agreement  hereunder  shall  not  be  deemed  indebtedness  of  the  cooperative 
school  district  for  the  purposes  of  ascertaining  its  borrowing  capacity. 

V.  Before  final  approval  of  a  proposed  articles  of  agreement  by  the 
planning  board,  it  shall  hold  at  least  one  public  hearing  thereon  within 
the  proposed  cooperative  school  district  and  shall  give  such  notice  thereof 
as  it  may  determine  to  be  reasonable.  An  executed  copy  of  the  proposed 
articles  of  agreement  shall  be  submitted  by  the  planning  board  to  the 
board,  and,  when  the  board  finds  that  the  same  are  in  accord  with  the 
standards  set  forth  in  section  2  of  this  chapter,  it  shall  approve  the  same 
and  cause  them  to  be  submitted  to  the  school  boards  of  the  several  pre- 
existing districts  for  acceptance  by  the  districts  as  provided  in  the  follow- 
ing paragraph.  Upon  such  submission,  the  board  shall  cause  the  approved 
articles  of  agreement  to  be  published  once  in  some  newspaper  generally 
circulated  within  the  proposed  cooperative  school  district  at  the  expense 
of  the  state.  The  planning  board  may  amend  a  proposed  articles  of  agree- 
ment to  conform  to  recommendations  of  the  board  after  holding  a  further 
public  hearing  thereon  with  notice  as  above  provided. 

VI.  Upon  the  receipt  of  written  notice  of  the  board's  approval  of  the 
articles  of  agreement,  the  school  board  of  each  pre-existing  district  which 
is  to  be  included  in  the  cooperative  school  district  shall  cause  the  articles 
of  ao-reement  to  be  filed  with  the  clerk  of  such  pre-existing  district  and 
submitted  to  the  voters  of  the  district  as  soon  as  may  reasonably  be  pos- 
sible at  an  annual  meeting  or  at  a  special  meeting  called  for  the  purpose, 
the  votino-  to  be  by  ballot  with  the  use  of  the  check-list,  after  reasonable 
opportunity  for  debate  in  open  meeting.  The  duty  to  call  such  meeting 
for  such  purpose  may  be  enforced  by  the  superior  court  in  an  equity 


1963]  Chapter  258  487 

proceeding  commenced  by  any  voter  or  taxpayer  of  such  school  district. 
The  article  in  the  warrant  for  each  district  meeting  and  the  question  on 
the  ballot  to  be  used  at  the  meeting  shall  be  in  substantially  the  following 
form: 

"Shall  the  school  district  accept  the  provisions  of  RSA  195  (as 
amended)  providing  for  the  establishment  of  a  cooperative  school  district, 

together  Avith  the  school  districts  of and etc., 

in  accordance  with  the  provisions  of  the  proposed  articles  of  agreement 
filed  with  the  school  district  clerk?" 

Yes  n  No  n 

If  a  majority  of  the  voters  present  and  voting  in  each  district  shall 
vote  in  the  affirmative,  the  clerk  of  each  pre-existing  district  shall  forth- 
with send  to  the  board  a  certified  copy  of  the  warrant,  certificate  of  post- 
ing, evidence  of  publication  if  required,  and  minutes  of  the  meeting  in  his 
district.  If  the  board  finds  that  a  majority  of  the  voters  present  and  voting 
in  each  pre-existing  district  meeting  have  voted  in  favor  of  the  establish- 
ment of  the  cooperative  school  district,  it  shall  issue  its  certificate  to  that 
effect;  and  such  certificate  shall  be  conclusive  evidence  of  the  lawful  or- 
ganization and  formation  of  the  cooperative  school  district  as  of  the  date 
of  its  issuance. 

VII.  If  any  pre-existing  district  fails  to  vote  in  the  affirmative  on  the 
proposed  articles  of  agreement  within  ninety  days  after  its  school  board 
receives  notice  of  approval  thereof  by  the  board,  such  district  shall  be 
deemed  to  have  rejected  the  same.  If  the  proposed  articles  of  agreement 
fail  of  adoption  as  herein  required,  they  may  be  resubmitted  to  all  or  a 
different  combination  of  the  several  pre-existing  districts  either  in  their 
original  form  or  as  amended  by  the  cooperative  school  district  planning 
board,  with  the  approval  of  the  board,  such  articles  if  amended  to  be 
published  once  by  the  board  as  provided  in  the  case  of  initial  articles  of 
agreement  in  paragraph  V,  and  shall  in  such  case  be  again  acted  upon  by 
each  district,  as  provided  herein;  but,  prior  to  the  approval  thereof  by  the 
board  for  resubmission,  the  planning  board  shall  hold  one  further  hear- 
ing thereon  as  provided  in  paragraph  V  in  the  case  of  initial  articles  of 
agreement. 

VIII.  The  board  shall  fix  a  time  and  place  for  a  special  meeting  of  the 
qualified  voters  within  the  cooperative  school  district  for  the  purpose  of 
organization  and  shall  prepare  the  warrant  for  the  meeting  after  con- 
sultation with  the  cooperative  school  district  planning  board.  The  war- 
rant shall  include  articles  for  the  election  of  a  school  board  and  other 
necessary  officers,  the  appropriation  of  money  for  the  operation  of  the 
district,  and  any  other  items  of  business  that  require  action  at  the  organiza- 
tion meeting.  The  warrant  shall  be  under  the  hand  of  the  commissioner, 
in  the  name  of  the  board,  and  the  commissioner  shall  cause  attested  copies 


488  Chapter  258  [1963 

of  same  to  be  posted  at  least  fourteen  days  before  the  meeting  in  three 
public  places  in  each  pre-existing  district  and  a  copy  of  the  same  to  be 
published  at  least  one  week  before  the  date  of  the  meeting  in  some  news- 
paper generally  circulated  within  the  cooperative  school  district.  The  ex- 
pense of  posting  and  publishing  the  warrant  shall  be  paid  by  the  state. 
The  agent  or  agents  of  the  commissioner  who  post  and  cause  publica- 
tion of  the  warrant  shall  make  a  return  thereof,  which,  with  the  warrant, 
shall  be  made  a  part  of  the  district  records.  The  organization  meeting 
shall  have  the  same  power  and  authority  as  an  annual  meeting  with  refer- 
ence to  the  raising  or  appropriating  of  money. 

IX.  The  organization  meeting  of  a  cooperative  school  district  shall 
be  called  to  order  by  the  chairman  of  the  cooperative  school  district  plan- 
ning board,  or  by  the  clerk-treasurer  thereof,  who  shall  serve  as  temporary 
chairman  for  the  first  order  of  business  which  shall  be  the  election  of  a 
moderator  and  of  a  temporary  clerk,  by  ballot,  who  shall  be  qualified 
voters  of  the  district.  From  and  after  the  issuance  of  the  certificate  of 
formation  by  the  board  to  the  date  of  operating  responsibility  of  the  co- 
operative school  district,  such  district  shall  have  all  the  authority  and 
powers  of  a  regular  school  district  for  the  purposes  of  incurring  indebted- 
ness, for  the  construction  of  school  facilities  and  for  such  other  functions 
as  are  necessary  to  obtain  proper  facilities  for  a  complete  program  of  edu- 
cation. When  necessary  in  such  interim,  the  school  board  of  the  coopera- 
tive school  district  is  authorized  to  prepare  a  budget  and  call  a  special 
meeting  of  the  voters  of  the  district,  which  meeting  shall  have  the  same 
authority  as  an  annual  meeting,  for  the  purpose  of  adopting  the  budget, 
making  necessary  appropriations,  and  borrowing  money.  Whenever  the 
organization  meeting  is  held  on  or  before  April  20  in  any  calendar  year, 
no  annual  meeting  need  be  held  in  such  calendar  year.  Sums  of  money 
raised  and  appropriated  at  the  organization  meeting  or  any  interim  meet- 
ing prior  to  the  first  annual  meeting  shall  be  forthwith  certified  to  the  state 
tax  commission  and  the  state  department  of  education  upon  blanks  pre- 
scribed and  provided  by  the  tax  commission  for  the  purpose,  together 
with  a  certificate  of  estimated  revenues,  so  far  as  known,  and  such  other 
information  as  the  tax  commission  may  require.  The  tax  commission  shall 
examine  such  certificates  and  delete  any  appropriations  which  appear 
not  made  in  accordance  with  the  law,  and  adjust  any  sum  which  may  be 
used  as  a  set  off  against  the  amount  appropriated  when  it  appears  to  the 
commission  such  adjustment  is  in  the  best  public  interest.  The  tax  com- 
mission shall  certify  to  the  state  department  of  education  the  total  amount 
of  taxes  to  be  raised  for  said  cooperative  school  district  and  the  state  de- 
partment of  education  shall  determine  the  proportional  share  of  said 
taxes  to  be  borne  by  each  pre-existing  school  district  and  notify  the  tax 
commission  of  its  determination.  Upon  certification  by  the  tax  commis- 
sion the  selectmen  of  each  town  shall  seasonably  assess  the  taxes  as  pro- 
vided by  law.  The  selectmen  shall  pay  over  to  the  treasurer  of  the  co- 


1963]  Chapter  258  489 

operative  district  such  portion  of  the  sums  so  raised  as  may  reasonably  be 
required  according  to  a  schedule  of  payments  needed  for  the  year  as  pre- 
pared by  the  treasurer  and  approved  by  the  cooperative  school  board,  but 
no  such  payment  shall  be  greater  in  percentage  to  the  total  sum  to  be 
raised  by  one  local  district  than  that  of  any  other  local  district  comprising 
such  cooperative  school  district. 

X.  The  provisions  of  paragraphs  I  and  11  of  section  4  and  of  sec- 
tions 4-a,  7  and  8  of  this  chapter  shall  not  apply  to  cooperative  school 
districts  organized  under  this  section,  but  all  other  sections  of  this  chap- 
ter shall  apply  to  such  districts,  except  as  otherwise  expressly  provided  in 
this  section  or  in  any  articles  of  agreement  adopted  pursuant  hereto. 

258:2  Functions.  Amend  RSA  195:4  (supp)  as  amended  by  1961, 
44:1  and  206:3  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following: 

195:4  Powers.  I.  During  the  period  from  the  date  of  the  vote  of 
the  organization  of  any  cooperative  school  district  organized  prior  to 
July  1,  il963,  to  the  date  of  operating  responsibility  such  cooperative 
school  district  shall  have  all  the  authority  and  privileges  of  a  regular 
school  district  for  bonding  purposes,  for  the  construction  of  school  facili- 
ties and  for  all  other  necessary  functions  to  obtain  proper  facilities  for 
the  provision  of  a  complete  program  of  education.  When  necessary  the 
school  board  of  the  cooperative  school  district  is  authorized  to  prepare 
a  budget  and  call  a  special  meeting  of  the  voters  of  the  district  for  the 
purpose  of  adopting  the  budget  and  to  determine  the  financial  appropria- 
tions. Such  meeting  shall  have  the  same  authority  as  an  annual  meeting 
for  these  purposes. 

II.  Election  of  Officers.  Every  cooperative  school  district  organized 
prior  to  July  1,  1963,  may  continue  to  elect  the  members  of  its  cooperative 
school  board  in  the  same  manner  and  for  the  same  terms  as  were  provided 
by  law  immediately  prior  to  the  effective  date  of  this  act.  Every  such 
cooperative  school  district  at  any  annual  or  special  meeting,  pursuant  to 
an  article  in  the  warrant,  may  adopt  a  by-law  to  specify  the  number,  com- 
position, method  of  selection,  which  shall  include  the  use  of  the  non- 
partisan ballot  system  under  RSA  59,  and  terms  of  office  of  its  cooperative 
school  board,  except  that  its  cooperative  school  board  shall  consist  of  an 
odd  number  of  members,  not  less  than  five  nor  more  than  fifteen,  who 
shall  be  elected  for  terms  not  exceeding  three  years,  each  pre-existing 
district  voting  separately  at  the  cooperative  district  meeting  to  elect  at 
least  one  member  by  use  of  a  distinctive  ballot  for  each  such  district.  The 
question  of  adopting  a  by-law  specifying  such  details  shall  be  considered 
at  such  meeting  by  the  voters  of  each  pre-existing  district  voting  separately 
by  distinctive  ballot  with  the  use  of  the  checklist  after  reasonable  oppor- 
tunity for  debate  in  open  meeting.  If  a  majority  of  the  voters  of  each 
pre-existing  district  present  and  voting  shall  vote  to  adopt  such  by-law,  it 


490  Chapter  258  [1963 

shall  take  effect  pursuant  to  its  terms.  Thereafter  such  by-law  vote  may 
be  amended  only  (a)  at  an  annual  meeting  of  the  district  by  a  majority 
vote  of  the  voters  of  each  pre-existing  district  voting  separately  by  dis- 
tinctive ballot  with  the  use  of  the  checklist  after  reasonable  opportunity 
for  debate  or  (b)  at  an  annual  or  special  meeting  of  the  district  in  con- 
nection with  the  annexation  of  additional  territory  or  an  increase  in  the 
number  of  grades  for  which  the  cooperative  school  district  is  to  be  re- 
sponsible. 

III.  Checklists.  At  the  meetings  held  in  the  pre-existing  districts 
for  the  purpose  of  accepting  the  articles  of  agreement,  or  any  agreement 
of  annexation,  and  at  the  organization  meeting  of  the  cooperative  school 
district  the  checklists  for  each  pre-existing  district  shall  be  used.  The 
school  board  of  any  pre-existing  district  which  does  not  have  a  checklist 
shall  make,  post  and  correct  a  list  of  the  legal  voters  in  the  district  for 
use  at  such  meetings  as  supervisors  are  required  to  do  in  regard  to  the 
list  of  voters  in  their  towns.  Thereafter  the  cooperative  school  board  shall 
make,  post  and  correct  a  list  of  the  legal  voters  of  the  cooperative  school 
district  acting  as  supervisors  are  required  to  do,  except  that  such  list  shall 
indicate  with  respect  to  each  voter  the  pre-existing  district  in  which  he 
resides.  Any  two  members  of  the  cooperative  school  board  shall  constitute 
a  quorum  at  sessions  for  the  correction  of  the  checklist.  Notwithstanding 
the  foregoing  provisions  whenever  each  of  the  pre-existing  school  dis- 
tricts is  coextensive  with  the  to^vn  in  -^vhich  it  is  located  the  cooperative 
school  district  may,  at  an  annual  cooperative  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  cooperative  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  cooperative  school  district.  At  each  annual 
meeting  for  the  election  of  officers  of  the  cooperative  district  the  checklists 
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  cooperative  district  shall  be  those  whose  names  appear 
on  the  checklists  as  provided  by  this  paragraph.  The  supervisors  shall  be 
paid  such  compensation  as  the  district  may  provide. 

IV.  For  purposes  of  state-wide  supervision  a  cooperative  school  dis- 
trict shall  be  a  school  district. 

V.  The  members  of  the  cooperative  school  board  shall  serve  with 
or  without  remuneration  as  the  district  shall  determine,  but  they  shall 
be  paid  their  necessary  expenses  while  upon  official  business. 

258:3  Definitions.  Amend  paragraph  VIII  of  RSA  195:1,  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following:  VIII. 
"Date  of  operating  responsibility"  shall  mean  the  date  or  dates  set  in 


1963]  Chapter  258  491 

the  resolution  adopted  at  the  organization  meeting  or  in  the  articles  of 
agreement  adopted  by  the  several  school  districts  on  which  the  coopera- 
tive school  district  shall  take  over  operating  control  of  those  schools 
within  such  district  which  it  was  organized  to  operate.  Wherever  the 
words  "establishment"  or  "date  of  establishment"  appear  in  this  chapter, 
they  shall  be  given  a  meaning  synonymous  with  "date  of  operating  con- 
trol." 

258:4  Standards.  Amend  RSA  195:2  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  195:2  Standards.  I.  It  is 
the  purpose  of  this  chapter  to  increase  educational  opportunities  within 
the  state  by  encouraging  the  formation  of  cooperative  school  districts 
which  will  each  be  a  natural  social  and  economic  region  with  an  adequate 
minimum  taxable  valuation  and  a  number  of  pupils  sufficient  to  permit 
the  efficient  use  of  school  facilities  within  the  district  and  to  provide  im- 
proved instruction.  The  board  may  formulate  and  adopt  additional 
standards  consistent  with  this  purpose  and  with  these  standards;  and 
the  board  shall  approve  articles  of  agreement  for  a  proposed  cooperative 
school  district,  or  agreements  for  the  enlargement  of  a  cooperative  school 
district,  only  after  determining  that  the  formation  or  enlargement  of  the 
district  will  be  in  accord  with  such  standards  and  the  purposes  set  forth 
herein.  Safeguards  shall  be  adopted  against  the  isolation  of  school  dis- 
tricts which  it  might  become  impractical  to  annex  to  any  cooperative 
school  district  at  a  later  time. 

II.  Geographical  Plan.  The  board  is  authorized  and  directed  to 
prepare  and  publish  a  plan  subdividing  the  territory  of  the  state  into 
suggested  cooperative  school  districts  which  meet  the  standards  formu- 
lated under  the  preceding  paragraph.  This  plan  shall  be  reasonably  com- 
patible with  the  areas  of  the  several  supervisory  unions.  From  time  to 
time  thereafter  the  board  may  modify  such  plan. 

III.  Advisory  Powers  of  Board.  The  board  may  prepare  recom- 
mended forms  of  articles  of  agreement  and  agreements  for  annexation  for 
cooperative  school  districts  and  may  furnish  its  advisory  services  to  co- 
operative school  district  planning  boards  or  school  boards  who  have  such 
matters  under  consideration. 

258:5  School  Board;  Powers  and  Duties.  Amend  the  first  unnum- 
bered paragraph  of  RSA  195:5  by  striking  out  said  paragraph  and  insert- 
ing in  place  thereof  the  following:  The  cooperative  school  board  elected 
at  the  organization  meeting  shall  organize  and  take  office  at  the  close 
of  such  meeting  and  proceed  to  assume  its  responsibilities  and  duties 
with  respect  to  the  administration  and  planning  of  the  new  cooperative 
school  district;  provided,  however,  that  the  cooperative  board  shall  have 
no  administrative  authority  as  to  the  schools  in  the  pre-existing  districts 
until  the  date  of  operating  responsibility.  Thereafter  all  cooperative 
school  district  officers  shall  assume  office  at  the  close  of  the  annual  meet- 


492  Chapter  258  [1963 

ing.  The  cooperative  school  board  shall  have  the  same  powers  and  duties 
as  school  boards  in  school  districts  as  prescribed  by  RSA  189.  Except  as 
provided  in  this  chapter,  all  the  provisions  of  this  chapter  or  of  any  other 
general  law  relating  to  or  affecting  school  districts  in  the  state  shall  apply 
to  cooperative  school  districts  organized  as  herein  provided. 

258:6  Cooperative  School  Districts.  Amend  RSA  195:6  (supp)  as 
amended  by  1955,  334:5;  1957,  126:1  and  2;  1959,  209:1  and  2,  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  195:6 
Powers  and  Duties  of  Cooperative  School  Districts.  I.  Each  cooperative 
school  district  shall  be  a  body  corporate  and  politic  with  power  to  sue 
and  be  sued,  to  acquire,  hold  and  dispose  of  real  and  personal  property 
for  the  use  of  schools  therein,  and  to  make  necessary  contracts  in  relation 
thereto,  and  have  and  possess  all  the  powers  and  be  subject  to  all  the  lia- 
bilities conferred  and  imposed  upon  school  districts  under  the  provisions 
of  RSA  494.  Whenever  a  cooperative  school  district  assumes  all  the  func- 
tions of  a  pre-existing  district,  it  shall  also  assume  the  outstanding  in- 
debtedness and  obligations  thereof  as  of  the  date  of  operating  responsi- 
bility; and  on  such  date  of  operating  responsibility  the  pre-existing 
districts  shall  be  deemed  dissolved,  and  any  and  all  assets,  property  and 
records  thereof  not  previously  disposed  of  shall  vest  in  the  cooperative 
school  district,  unless  otherwise  provided  in  the  articles  of  agreement 
or  agreement  of  annexation. 

II.  Each  cooperative  school  district  shall  have  the  power  to  borrow 
money  and  issue  its  notes  or  bonds  in  conformity  with  the  provisions  of 
RSA  33,  provided,  however,  indebtedness  of  a  cooperative  district  organ- 
ized to  provide  both  elementary  and  secondary  schools  may  be  incurred 
to  an  amount  not  to  exceed  ten  per  cent  of  its  assessed  valuation  as  last 
equalized  by  the  state  tax  commission. 

III.  Whenever  only  a  part  of  the  educational  facilities  of  a  local 
school  district  are  incorporated  into  a  cooperative  school  district,  such 
local  district  shall  continue  in  existence  and  function  as  previously.  The 
cooperative  school  district  shall  assume  only  those  outstanding  debts  and 
obligations  of  the  local  school  district  which  pertain  to  the  property  ac- 
quired by  the  cooperative  school  district  for  use  by  the  cooperative  school 
district.  In  such  case  no  cooperative  school  district  shall  for  elementary 
school  purposes  incur  debt  to  an  amount  exceeding  five  per  cent,  and  for 
secondary  school  purposes,  if  organized  for  grades  nine  through  twelve, 
to  an  amount  exceeding  five  per  cent,  and  for  secondary  school  purposes 
if  organized  for  grades  seven  through  twelve,  to  an  amount  not  exceeding 
six  per  cent  of  the  total  assessed  valuation  of  such  district  as  last  equalized 
by  the  tax  commission.  No  cooperative  school  district  described  in  this 
paragraph  shall  incur  indebtedness  if  it  subjects  the  taxable  property  of 
any  school  district  forming  a  part  thereof  to  debt,  when  added  to  the 
debt  of  such  school  district,  of  more  than  ten  per  cent  of  the  total  assessed 
value  of  such  taxable  property  as  last  equalized  by  the  tax  commission. 


1963]  Chapter  258  493 

258:7  Apportionment  of  Costs.  Amend  RSA  195:8  (supp)  as  amend- 
ed by  1955.  334:10,  1959,  195:2  and  1961,  206:5,  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  195:8  Five- Year  Period 
Reconsideration.  After  the  expiration  of  the  first  five-year  period  meas- 
ured from  the  date  of  the  first  annual  meeting  and  after  the  expiration 
of  each  subsequent  five-year  period  measured  from  the  date  of  the  last 
change  thereto,  the  basis  for  the  apportionment  of  all  such  costs  may 
be  subject  to  review,  pursuant  to  an  article  for  that  purpose  duly  inserted 
in  the  warrant  for  a  district  meeting,  and  the  cooperative  school  district 
may  then  by  majority  vote  elect  to  apportion  all  such  costs  by  the  adop- 
tion of  either  formula  I,  II  or  III,  as  defined  in  section  7  of  this  chapter. 
Such  apportionment  may  be  reviewed  in  the  same  manner  at  any  time 
in  order  to  permit  annexation  of  a  school  district  or  an  increase  in  the 
number  of  grades  for  which  the  district  shall  be  responsible. 

258:8  Appraisal  of  Property.  Amend  RSA  195:9  (supp)  as  amended 
by  1955,  334:11,  by  inserting  before  the  word  "whenever"  in  the  first  line 
the  words,  Unless  otherwise  provided  in  the  articles  of  agreement,  so  that 
said  section  as  amended  shall  read  as  follows:  195:9  Taking  Over  of 
Property.  Unless  otherwise  provided  in  the  articles  of  agreement,  when- 
ever a  cooperative  school  district  is  formed,  the  property  belonging  to 
the  pre-existing  districts  to  be  used  by  the  cooperative  district  shall  be 
separately  appraised  by  the  state  tax  commission.  At  the  next  annual 
assessment  a  tax  equivalent  to  that  amount  shall  be  levied  upon  the  sev- 
eral districts  comprising  the  cooperative  school  district  in  the  proportion 
that  the  equalized  valuation  of  each  bears  to  the  equalized  valuation  of 
the  whole,  and  there  shall  be  remitted  to  the  taxpayers  of  each  pre-exist- 
ing district  the  appraised  value  of  its  property.  Whenever  the  board  de- 
cides the  foregoing  adjustment  will  work  a  hardship  on  any  one  or  all  of 
the  pre-existing  districts,  it  may  of  its  own  motion,  or  upon  petition  of 
any  ten  residents  of  a  pre-existing  district  provide  that  such  adjustment 
be  made  over  a  period  of  not  exceeding  twenty  years. 

258:9  Finances.  Amend  RSA  195:12  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  195:12  Budget.  At  least 
thirty  days  prior  to  the  annual  meeting,  the  cooperative  school  board 
shall  prepare  a  budget  for  the  ensuing  year,  after  holding  at  least  one 
public  hearing  upon  a  preliminary  budget  at  some  convenient  place  in 
the  district,  of  which  at  least  seven  days'  notice  shall  have  been  given,  and 
said  budget,  subsequent  to  its  final  approval  by  such  board,  shall  be  posted 
in  a  public  place  in  each  pre-existing  district  and  given  such  other  pub- 
lication as  the  cooperative  school  board  may  determine.  The  provisions 
of  RSA  32  shall  not  apply  to  a  cooperative  school  district,  except  in  a  case 
where  said  district  is  composed  of  pre-existing  districts  wholly  within 
one  town,  which  town  has  adopted  said  budget  law,  or  except  as  provided 
in  section  il2-a,  II  of  this  chapter,  but  in  such  excepted  cases,  this  section 
shall  not  apply. 


494  Chapter  258  [1963 

258:10  Committee  Established.  Amend  paragraph  I  of  RSA  195:12-a 
(supp)  as  inserted  by  1961,  206:6,  by  striking  out  said  paragraph  and 
inserting  in  place  thereof  the  following:  I.  Budget  Committee.  Any 
cooperative  school  district  at  an  annual  meeting  under  a  proper  article 
in  the  warrant  may  vote  to  establish  a  cooperative  school  budget  com- 
mittee and  may  rescind  such  action  in  like  manner.  Such  committee 
shall  be  the  same  size  as  the  school  board  of  the  cooperative  school  dis- 
trict and  the  representation  on  said  committee,  term  of  office  and  mode 
of  election  of  its  members,  shall  be  determined  in  the  same  manner  as 
for  the  cooperative  school  board,  with  each  pre-existing  district  being  en- 
titled to  at  least  one  member  on  such  committee. 

10-a  Copies  of  Budget.  Amend  RSA  195:12-a  (supp)  as  inserted 
by  1961,  206:6,  by  adding  at  the  end  thereof  the  following  new  paragraph: 
III.  Copies.  Such  committee  shall  seasonably  provide  the  cooperative 
school  board  with  a  sufficient  number  of  copies  of  the  budget  prepared 
by  it,  and  the  same  shall  be  posted  with  each  copy  of  the  warrant  in  the 
manner  provided  by  section  13  of  this  chapter. 

258:11  Taxation.  Amend  RSA  135:14  (supp)  as  amended  by  1955, 
334:3  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 

195:14  Certification  of  District  Taxes.  The  cooperative  school  board 
shall  annually  on  or  before  July  twenty-fifth  certify  to  the  tax  commis- 
sion and  the  state  department  of  education  upon  blanks  prescribed  and 
provided  by  the  tax  commission  for  the  purpose,  a  certificate  of  the 
several  appropriations  voted  by  the  district  and  estimated  revenues,  so 
far  as  known,  and  such  other  information  as  the  tax  commission  may  re- 
quire. The  tax  commission  shall  examine  such  certificates  and  delete 
any  appropriations  which  appear  not  made  in  accordance  with  the  law, 
and  adjust  any  sum  which  may  be  used  as  a  set  off  against  the  amount 
appropriated  when  it  appears  to  the  commission  such  adjustment  is  in 
the  best  public  interest.  The  tax  commission  shall  certify  to  the  state 
department  of  education  the  total  amount  of  taxes  to  be  raised  for  the 
support  of  said  cooperative  school  district  and  the  state  department  of 
education  shall  determine  the  proportional  share  of  said  taxes  to  be  borne 
by  each  pre-existing  school  district  and  notify  the  tax  commission  of  its 
determination.  Upon  certification  by  the  tax  commission,  the  selectmen 
of  each  town  shall  seasonably  assess  the  taxes  as  provided  by  law.  The 
selectmen  shall  pay  over  to  the  treasurer  of  the  cooperative  district  such 
portions  of  the  sums  so  raised  as  may  reasonably  be  required  according 
to  a  schedule  of  payments  needed  for  the  year  as  prepared  by  the  treasurer 
and  approved  by  the  cooperative  school  board,  but  no  such  payment  shall 
be  greater  in  percentage  to  the  total  sum  to  be  raised  by  one  local  district 
than  that  of  any  other  local  district  comprising  such  cooperative  school 
district. 


1963]  Chapter  258  495 

Whenever  a  cooperative  school  district  assumes  any  obligations  of  a 
pre-existing  district  the  cooperative  school  board  shall  also  certify  to  the 
tax  commission  and  the  state  department  of  education  the  amount  to 
be  raised  by  taxation  to  pay  such  obligations  as  they  become  due  and  the 
state  department  of  education  shall  determine  the  proportional  part 
thereof  to  be  borne  by  each  pre-existing  district  and  notify  the  tax  com- 
mission thereof.  The  tax  commission  shall  thereupon  add  the  amount 
thereof  to  the  other  sums  to  be  raised  by  said  pre-existing  districts  and 
include  the  same  in  computing  the  rate  per  cent  of  taxation  for  each  pre- 
existing district,  unless  the  articles  of  agreement  or  agreement  of  an- 
nexation provide  otherwise. 

Whenever  a  cooperative  school  district  has  assumed  the  obligations 
of  a  pre-existing  district  the  amount  of  each  payment  of  principal  and 
interest  on  all  obligations  which  have  been  thus  assumed  shall  be  annu- 
ally assessed  and  collected  without  any  vote  or  other  act  of  approval 
whatsoever. 

258:12  New  Territory.  Amend  RSA  195:16  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  195:16  Annexation 
of  Territory.  One  or  more  school  districts  may  be  annexed  to  a  coopera- 
tive school  district,  whether  heretofore  or  hereafter  organized,  in  the 
following  manner: 

I.  The  school  board  of  any  school  district  situated  in  proximity  to 
an  existing  cooperative  school  district  may  petition  the  cooperative  school 
board  to  meet  with  it  to  study  jointly  the  advisability  and  the  terms  of 
annexing  such  school  district  to  the  cooperative  school  district.  It  shall 
thereupon  be  the  duty  of  the  cooperative  school  board  to  meet  with  the 
other  school  board  as  requested  and  engage  in  such  joint  study.  After 
such  joint  study  the  two  school  boards  may  recommend  that  such  school 
district  be  annexed  to  the  cooperative  school  district,  and  if  they  so  rec- 
ommend, they  shall  submit  a  proposed  agreement  of  annexation  in  writ- 
ing signed  by  a  majority  of  each  board  setting  forth  in  detail:  (a)  the  date 
of  operating  responsibility,  when  the  cooperative  district  shall  assume 
control  of  operation  of  schools  within  the  annexed  district,  upon  which 
date  the  annexed  school  district  shall  cease  to  exist;  (b)  the  number,  com- 
position, method  of  selection,  which  may  include  the  use  of  the  non- 
partisan ballot  system  under  RSA  59,  and  terms  of  office  of  the  cooperative 
school  board,  except  that  the  cooperative  school  board  shall  consist  of  an 
shall  be  elected  for  terms  not  exceeding  three  years,  each  pre-existing 
odd  number  of  members,  not  less  than  five  nor  more  than  fifteen,  who 
district  voting  separately  at  the  cooperative  school  district  meeting  to 
elect  at  least  one  member;  (c)  the  specific  school  properties  and  other 
assets  in  the  annexed  district  to  be  acquired  by  the  cooperative  school 
district  and  the  disposition  of  those  not  acquired  including  the  records; 
(d)  the  initial  location  of  the  school  or  schools  which  will  serve  the  an- 
nexed district;   (e)  the  indebtedness  of  the  annexed  district  which  the 


496  Chapter  258  [1963 

cooperative  school  district  is  to  assume;  (f)  the  method  of  apportioning 
the  capital  outlay  costs  and  operational  costs  under  section  7  of  this  chap- 
ter or  under  the  articles  of  agreement  of  the  cooperative  school  district, 
which  method  may  be  different  from  the  formula  previously  adopted  by 
the  cooperative  school  district  notwithstanding  the  provisions  of  section 
8  of  this  chapter  or  its  articles  of  agreement;  (g)  the  manner  in  which 
state  aid  referred  to  in  section  15  of  this  chapter  or  any  other  available 
state  aid  shall  be  allocated,  unless  otherwise  expressly  provided  by  law; 
(h)  provisions  similar  to  those  outlined  in  paragraph  IV,  section  18  of 
this  chapter,  if  desirable;  and  (i)  any  other  matters,  not  incompatible  with 
law,  which  the  two  school  boards  may  consider  appropriate  to  include 
in  the  agreement, 

II.  An  executed  copy  of  such  proposed  agreement  of  annexation 
shall  be  submitted  to  the  board;  and  if  it  finds  that  the  proposed  annexa- 
tion would  be  in  accord  with  the  standards  set  forth  in  section  2  of  this 
chapter  and  approves  the  agreement,  it  shall  cause  the  agreement  to  be 
submitted  to  the  cooperative  school  district  and  to  the  school  district  to 
be  annexed  for  acceptance  by  each. 

III.  The  cooperative  school  board  and  the  school  board  of  the 
school  district  to  be  anexed,  upon  receipt  of  written  notice  of  such 
approval  by  the  board,  shall  cause  the  agreement  to  be  filed  with  their 
respective  district  clerks  and  submitted  to  the  voters  of  their  respective 
districts  as  soon  as  may  reasonably  be  possible  at  duly  called  meetings, 
the  voting  to  be  by  ballot  with  the  use  of  the  checklist,  after  reasonable 
opportunity  for  debate  in  open  meeting.  The  article  in  the  warrant  and 
the  question  on  the  ballot  shall  be  in  substantially  the  following  form: 

"Shall  the  proposed  agreement  of  annexation  on  file  with 

the  district  clerk,  joining school  district  to 

cooperative  school  district  be  approved?" 

Yes  D  No  n 

If  a  majority  of  the  voters  present  and  voting  at  such  meetings  in  each 
district  shall  vote  in  the  affirmative,  the  clerk  of  each  district  shall  forth- 
with send  to  the  board  a  certified  copy  of  the  warrant,  certificate  of  post- 
ing, evidence  of  publication,  if  required,  and  minutes  of  the  meeting. 
If  the  board  finds  that  a  majority  of  the  voters  present  and  voting  in  each 
district  meeting  have  voted  in  favor  of  the  annexation,  it  shall  issue  its 
certificate  to  that  effect,  and  such  certificate  shall  be  conclusive  evidence 
of  the  lawful  annexation  of  such  pre-existing  school  district  to  the  coop- 
erative school  district.  An  agreement  of  annexation  so  adopted  shall  be 
deemed  to  amend  the  inconsistent  provisions  in  any  pre-existing  articles 
of  agreement  of  the  cooperative  school  district. 

IV.  Except  for  operating  responsibility  with  respect  to  the  schools 
in   the  annexed  district,  which  authority  shall  commence  on  the  date 


1963]  Chapter  258  497 

specified  in  the  agreement  of  annexation,  the  cooperative  school  district 
and  its  school  board  shall  have  full  powers  and  duties  in  the  enlarged 
district  from  the  date  of  the  certificate  of  annexation. 

V.  The  failure  of  the  voters  to  approve  the  annexation  of  a  school 
district  shall  not  prevent  the  commencement  of  annexation  proceedings 
under  this  section  with  respect  to  such  district  thereafter. 

258:13  Increase  in  Powers.  Amend  RSA  195  by  inserting  after  sec- 
tion 16  the  following  new  sections:    195:16-a    Increase  in  Grades.    Any 

cooperative  school  district  whether  organized  heretofore  or  hereafter, 
which  provides  only  elementary  schools  or  only  secondary  schools  may 
amend  its  articles  of  agreement  or  otherwise  enlarge  its  powers  to  pro- 
vide both  elementary  and  secondary  school  education.  If  the  cooperative 
school  district  was  organized  prior  to  July  1,  1963,  it  shall  proceed  by 
agreement  of  annexation  with  the  school  districts  concerned  as  provided 
in  section  16.  If  the  cooperative  district  was  organized  pursuant  to  section 
18,  it  shall  proceed  by  amendment  of  its  articles  of  agreement.  The  pro- 
posed agreement  of  annexation  or  the  proposed  amended  articles  of  agree- 
ment shall  be  submitted  to  the  board  for  its  approval.  If  the  board  finds 
that  the  same  are  in  accord  with  the  standards  set  forth  in  section  2  of 
this  chapter,  it  shall  approve  the  same  and  notify  the  cooperative  school 
board  of  its  approval.  The  proposed  agreement  of  annexation  or  amended 
articles  of  agreement  shall  thereafter  be  filed  with  the  district  clerk  and 
submitted  to  the  voters  of  the  cooperative  school  district  at  an  annual 
or  special  district  meeting.  The  question  shall  be  considered  at  such  meet- 
ing by  the  voters  of  each  pre-existing  district  voting  separately  by  ballot 
with  the  use  of  the  checklist  after  reasonable  opportunity  for  debate  in 
open  meeting  and  the  question  on  the  ballot  Shall  be  in  substantially  the 
following  form: 

"Shall  cooperative  school  district  adopt 

the  agreement  of  annexation  (or  amend  its  articles  of  agreement) 
to  provide  both  elementary  and  secondary  schools  within  the  dis- 
trict, in  accordance  with  the  written  instrument  on  file  with  the 
district  clerk?" 

Yes  n  No  n 

If  a  majority  of  the  voters  of  each  pre-existing  district  present  and 
voting  shall  vote  in  the  affirmative,  the  clerk  of  the  cooperative  school 
district  shall  forthwith  send  to  the  board  a  certified  copy  of  the  warrant, 
certificate  of  posting,  evidence  of  publication,  if  necessary,  and  minutes 
of  the  meeting.  If  the  board  finds  that  a  majority  of  the  voters  voting  as 
aforesaid  have  voted  in  favor  of  increasing  the  grades  for  which  the  co- 
operative school  district  is  to  be  responsible,  it  shall  issue  its  certificate 
to  that  effect;  and  such  certificate  shall  be  conclusive  evidence  of  the  law- 
ful amendment  of  the  district's  articles  of  agreement  or  enlargement  of 


498  Chapter  258  [1963 

its  power  by  agreement  of  annexation,  notwithstanding  any  contrary 
provisions  contained  in  such  articles  or  otherwise.  The  cooperative  school 
board  shall  assume  operating  responsibility  for  the  newly  included  school 
grades  as  of  the  date  specified  in  the  amended  articles  or  agreement  of 
annexation. 

195:16-b  Power  of  Eminent  Domain.  Whenever  a  cooperative  school 
district  cannot  acquire  by  purchase  a  good  title  to  any  real  estate  or  in- 
terest therein  needed  by  it  for  its  purposes  either  because  of  the  unwill- 
ingness of  the  owner  to  sell  at  a  reasonable  price  or  his  inability  to  convey 
a  good  title  or  for  other  reason,  the  cooperative  school  district  may  apply 
by  petition  to  the  superior  court  for  the  county  in  which  such  real  estate 
or  interest  therein  is  located  to  acquire  such  real  estate  or  interest  therein 
in  the  name  of  such  district  and  to  have  assessed  the  damages  occasioned 
by  the  taking.  Thereafter  the  procedure  shall  follow  that  prescribed  in 
RSA  481:10,  paragraphs  I,  II,  III  and  V. 

195:16-0    Powers  of  Superior  Court  as  to  Pre-existing  Districts.    If 

there  shall  arise  any  occasion  which  shall  require  the  doing  of  any  act  or 
thing  by  or  in  behalf  of  a  pre-existing  district  which  has  ceased  to  exist 
by  reason  of  its  inclusion  in  a  cooperative  school  district,  the  superior 
court  shall  have  the  power,  upon  application  of  three  registered  voters 
residing  in  the  territory  of  the  pre-existing  school  district,  to  appoint  an 
agent  who,  subject  to  the  approval  of  the  superior  court,  shall  have  the 
power  on  behalf  of  and  in  the  name  of  the  pre-existing  school  district  to 
do  any  act  or  thing  that  may  be  just  under  the  circumstances. 

258:14  Repeal  and  Effect  Thereof.  RSA  195:3  (supp)  as  amended 
by  1955,  334:7  and  1961,  206:1  is  hereby  repealed.  Nothing  herein  con- 
tained shall  be  construed  to  invalidate  the  organization  of  or  any  action 
taken  by  any  cooperative  school  district  heretofore  organized.  The  organ- 
ization of  all  cooperative  school  districts  completed  prior  to  the  effective 
date  of  this  act  and  the  proceedings  taken  with  respect  to  the  organization 
of  any  cooperative  school  district,  the  organization  of  which  has  not  been 
completed  prior  to  the  effective  date  of  this  act,  are  hereby  expressly 
validated  and  confirmed. 

258:15   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  il963.] 


1963]  Chapter  260  499 

CHAPTER  259. 

AN  ACT  RELATIVE  TO  CHIROPODISTS. 

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

259:1  Nomenclature  Changed.  Amend  RSA  chapter  315,  as  amend- 
ed including  the  title  thereof,  by  striking  out  the  words  "chiropody"  and 
"chiropodist"  and  any  other  form  of  either  wherever  they  appear  and  in- 
serting respectively  in  place  thereof  the  word,  podiatry,  and  the  word, 
podiatrist  and  any  other  form  of  either. 

259:2  Board  Continued.  The  state  board  of  examiners  in  chiropody 
shall  from  the  effective  date  of  this  act  be  known  as  the  state  board  of 
examiners  in  podiatry.  The  members  of  the  state  board  of  examiners  in 
chiropody  on  the  effective  date  of  this  act  shall  become  members  of  the 
state  board  of  examiners  in  podiatry  and  their  respective  terms  of  office 
shall  be  the  same  as  those  they  then  hold. 

259:3  Fees  Changed.  Amend  RSA  315:15  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  315:15  Fees.  The  fee  for 
examination  or  re-examination  shall  be,  twenty-five  dollars;  for  the  issu- 
ing or  the  renewal  of  a  license,  five  dollars,  and  for  the  revival  and  renewal 
of  a  license,  six  dollars.  The  money  thus  received  by  the  board  shall  be 
paid  to  the  state  treasurer. 

259:4  Repeal.  RSA  315:17  (supp)  as  inserted  by  1957,  162:2  is  here- 
by repealed. 

259:5  Appropriation.  The  board  of  podiatry  shall  be  allowed  the 
sum  of  two  hundred  and  twenty-five  dollars  for  personal  services  for  the 
fiscal  year  ending  June  30,  1964.  The  said  sum  is  appropriated  for  said 
board  for  said  year  in  the  appropriation  act. 

259:6  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  260. 

AN  ACT  PROVIDING  FOR  AN  ADDITIONAL  JUSTICE  FOR  THE  SUPERIOR  COURT. 

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

260:1  Superior  Court.  Amend  RSA  491  :il  by  striking  out  the  word 
"six"  in  the  second  line  and  inserting  in  place  thereof  the  word,  seven, 
so  that  said  section  as  amended  shall  read  as  follows:  491:1  Justices.  The 


500  Chapter  260  [1963 

superior  court  shall  consist  of  a  chief  justice  and  seven  associate  justices, 
appointed  and  commissioned  as  prescribed  by  the  constitution,  each  of 
whom  shall  exercise  the  powers  of  the  court  unless  otherwise  provided, 
and  such  justices  as  may  be  retired  from  regular  active  service  because 
of  permanent  disability. 

260:2  Appropriation.  In  addition  to  the  appropriations  made  for 
the  superior  court  in  the  appropriation  acts  there  are  hereby  appropri- 
ated for  the  fiscal  year  ending  June  30,  1964  the  sum  of  $16,062.02  for 
salary,  and  the  sum  of  $1,000  for  current  expenses  and  travel;  and  for  the 
fiscal  year  ending  June  30,  1965  the  sum  of  $16,062.02  for  salary,  and  the 
sum  of  $1,000  for  current  expenses  and  travel.  The  governor  is  hereby 
authorized  to  draw  his  warrants  for  the  sums  hereby  appropriated  out 
of  any  money  in  the  treasury  not  otherwise  appropriated. 

260:3  Superior  Court  Stenographers.  Amend  RSA  519:26  (supp) 
as  amended  by  1955,  271:1,  1957,  129:1,  -140:1  and  1961,  221:14  by  strik- 
ing out  the  word  "eight"  in  the  second  line  and  inserting  in  place  thereof 
the  word,  nine,  so  that  said  section  as  amended  shall  read  as  follows: 
519:26  Appointment.  The  superior  court,  acting  as  a  body,  may  appoint 
not  more  than  nine  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  twelve  hundredths 
dollars.  He  shall  take  full  notes  of  all  oral  testimony  and  other  proceed- 
ings 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  pro- 
vided in  section  30. 

260:4  Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


1963]  Chapter  261  501 

CHAPTER  261. 

AN  ACT  RELATIVE  TO  CONTINUOUS  FINANCIAL  RESPONSIBILITY  CERTIFICATES. 

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

261:1  Methods  of  Giving  Proof  of  Financial  Responsibility.  Amend 
paragraph  I  of  RSA  268:20  by  inserting  after  the  word  "cancelled"  in  the 
eleventh  line  the  words,  except  that  a  certificate  subsequently  filed  shall, 
on  its  effective  date,  terminate  a  certificate  previously  filed  with  respect 
to  any  motor  vehicle  designated  in  both  certificates,  so  that  said  paragraph 
as  amended  shall  read  as  follows:  I.  By  filing  with  the  director  a  certifi- 
cate, as  defined  in  section  1,  of  an  insurance  company  or  of  a  surety  com- 
pany to  satisfy  any  judgment  or  judgments  for  damages  resulting  from 
an  accident  reported  to  the  director  under  the  provisions  of  section  23  of 
chapter  262,  RSA.  Financial  responsibility  in  the  future  may  be  given 
by  filing  with  the  director  a  continuous  certificate  which  shall  be  a  certifi- 
cate as  defined  in  section  1,  of  an  insurance  company  or  of  a  surety  com- 
pany, to  provide  the  amount  of  proof  of  financial  responsibility  required 
under  the  provisions  of  section  il9  of  this  chapter.  Every  continuous 
certificate  shall  remain  in  effect  until  ten  days  after  written  notice  is  re- 
ceived by  the  director  that  said  continuous  certificate  shall  be  cancelled, 
except  that  a  certificate  subsequently  filed  shall,  on  its  effective  date, 
terminate  a  certificate  previously  filed  with  respect  to  any  other  motor 
vehicle  designated  in  both  certificates.  Whenever  another  motor  vehicle, 
trailer,  or  semi-trailer  replaces  a  motor  vehicle,  trailer,  or  semi-trailer, 
described  in  a  continuous  certificate  such  continuous  certificate  covering 
such  described  motor  vehicle,  trailer  or  semi-trailer  shall  apply  auto- 
matically to  such  other  motor  vehicle,  trailer  or  semi-trailer  registered 
by  the  insured  as  of  the  date  of  its  registration  to  the  insured  and  for  the 
period,  if  any,  not  exceeding  ten  days  prior  to  such  registration  when 
said  motor  vehicle,  trailer,  or  semi-trailer  is  operated  on  temporary  plates 
and  for  a  period  of  fifteen  days  after  the  date  of  registration,  unless  said 
ten-day  period  after  written  notice  of  cancellation  is  received  by  the  di- 
rector has  theretofore  expired.  Such  continuous  certificate  shall  likewise 
apply  automatically  to  any  additional  motor  vehicle,  trailer,  or  semi- 
trailer acquired  by  the  insured  as  of  the  date  of  its  registration  to  the 
insured  and  for  the  period,  if  any,  not  exceeding  ten  days  prior  to  such 
registration  when  such  motor  vehicle,  trailer  or  semi-trailer  is  operated 
on  temporary  plates  and  for  a  period  of  fifteen  days  after  the  date  of  reg- 
istration, unless  said  ten-day  period  after  written  notice  of  cancellation 
is  received  by  the  director  has  theretofore  expired;  provided,  however, 
that  the  insurance  company  or  surety  company  insures  all  automobiles, 
trailers,  and  semi-trailers  owned  by  the  named  insured  at  such  date  of 
registration,  and  that  such  continuous  certificate  shall  apply  to  such 
additional  motor  vehicle,  trailer  or  semi-trailer  only  to  the  extent  the 


502  Chapter  261  [1963 

insurance   is  applicable   to  all  such   previously  owned  motor  vehicles, 
trailers,  and  semi-trailers. 

261:2  Financial  Responsibility.  Amend  RSA  268:3  (supp)  as  amend- 
ed by  1957,  305:1  by  striking  out  the  words  "shall  forthwith"  in  the 
eleventh  line  and  inserting  in  place  thereof  the  word,  may,  and  by  in- 
serting at  the  end  of  said  section  the  following  words:  Notice  of  suspen- 
sion and  of  the  requirement  of  such  surrender  shall  be  sent  by  the  director 
to  such  operator  not  less  than  ten  days  prior  to  the  effective  date  of  sus- 
pension, so  that  said  section  as  amended  shall  read  as  follows:  268:3 
Proof  Required  upon  Conviction  for  Motor-Vehicle  Law  Violations. 
Upon  receipt  of  an  abstract  of  the  record  in  case  of  conviction  of  any  per- 
son for  (1)  driving  a  motor  vehicle,  trailer,  or  semi-trailer  while  under 
the  influence  of  intoxicating  liquor  or  narcotic  drugs,  (2)  failing  to  stop 
and  report  when  involved  in  an  accident,  (3)  homicide  or  assault  arising 
out  of  the  operation  of  a  motor  vehicle,  trailer,  or  semi-trailer,  (4)  the 
second  time  for  driving  a  motor  vehicle,  trailer,  or  semi-trailer  at  an 
excessive  rate  of  speed,  (5)  the  second  time  for  driving  a  motor  vehicle, 
trailer,  or  semi-trailer  in  a  reckless  manner  and  a  violation  of  such  other 
of  the  provisions  of  any  state  law  relative  to  motor  vehicles  as  the  director 
shall  determine,  the  director  may  suspend  the  license  of  the  person  so 
convicted  and  the  registration  certificates  of  any  motor  vehicle,  trailer, 
or  semi-trailer  registered  in  the  name  of  such  person  and  require  the  sur- 
render of  the  registration  plates  of  any  such  vehicle,  unless  and  until 
such  person  gives  and  thereafter  maintains  proof  of  his  financial  respon- 
sibility in  the  future.  The  director  may  take  action  as  required  in  this 
section  upon  receiving  proper  evidence  of  any  such  conviction  of  any 
person  in  another  state.  Notice  of  suspension  and  of  the  requirement  of 
such  surrender  shall  be  sent  by  the  director  to  such  operator  not  less  than 
ten  days  prior  to  the  effective  date  of  suspension. 

261:3  Application  for  Payment  in  Installments.  Amend  RSA  268 
by  inserting  after  section  12  the  following  new  section:  268:12-a  Excep- 
tion When  Consent  or  Agreement  is  Granted  by  Creditor.  If  a  case  is 
settled  by  agreement  and  the  creditor  consents  in  writing,  on  such  form 
as  the  department  may  prescribe,  that  the  agreement  debtor  be  allowed 
license  and  registration,  or  non-resident's  operating  privileges,  the  same 
way  may  be  allowed  by  the  department,  in  its  discretion,  for  six  months 
from  the  date  of  such  consent  and  thereafter  until  such  consent  is  re- 
voked in  writing,  notwithstanding  default  in  the  payment  of  such  agree- 
ment. In  the  event  that  agreement  debtor  fails  to  pay  any  installment  as 
specified,  then  upon  written  notice  of  such  default  the  department  shall 
forthwith  suspend  the  license,  registration  or  non-resident's  operating 
privileges  until  such  agreement  is  satisfied  as  provided  in  this  act. 

261:4  Minimum  Security.  Amend  RSA  268:6  (supp)  as  amended  by 
1957,  305  by  striking  out  the  same  and  inserting  in  place  thereof  the  fol- 
lowing:  268:6   Form  of  Security.   Such  security,  when  ordered,  shall  be 


1963]  Chapter  263  503 

in  such  form  and  amount  as  the  director  may  require,  but  in  no  case  in 
excess  of  the  amount  of  actual  damages,  as  determined  to  the  satisfaction 
of  the  director,  or  in  excess  of  the  amount  of  proof  of  financial  respon- 
sibility required  under  this  chapter.  Proof  of  responsibility  as  prescribed 
in  section  19  hereof  shall  in  all  cases  be  deemed  sufficient. 

261:5    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  262. 

AN  ACT  RELATING  TO  POSTING  LANDS  AGAINST  TRESPASS. 

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

262:1  Penalty  on  Cultivated  Land.  Amend  RSA  572:15-a  as  inserted 
by  1961,  238  by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  572:15-a  Penalty,  Uncultivated  Land.  An  owner  may  post 
fifty  acres  of  uncultivated  land  and  one  thousand  yards  of  said  land  along 
a  public  highway  and  whoever  without  right  enters  such  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. 

262:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  263. 

AN  ACT  RELATIVE  TO  STUDY  FOR  IMPROVED  PESTICIDES  CONTROLS. 

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

263:1  Interim  Committee  Established.  There  shall  be  established 
an  interim  committee  on  improved  pesticides  controls  consisting  of  five 
members  appointed  as  hereinafter  provided.  One  member  shall  be  ap- 
pointed by  the  president  of  the  senate,  one  member  shall  be  appointed 
by  the  speaker  of  the  house  of  representatives,  and  three  members  shall 
be  appointed  by  the  governor,  one  of  whom  shall  be  a  person  employed 


504  Chapter  264  [1963 

by  the  water  pollution  commission,  one  a  person  employed  by  the  fish 
and  game  department  and  one  a  person  employed  by  the  agricultural 
department  of  the  University  of  New  Hampshire.  The  committee  shall 
organize  by  electing  one  of  its  members  as  chairman.  It  shall  be  the  duty 
of  said  committee  to  study  and  investigate  how  to  improve  pesticides 
controls,  and  said  committee  shall  file  a  report  of  its  activities  not  later 
than  December  1,  1964  which  report  shall  include  recommendations  for 
legislation  designed  to  improve  pesticides  controls.  The  committee  is 
hereby  authorized  to  accept  and  apply  to  the  purposes  hereof  gifts  and 
grants  from  any  person  or  association,  public  or  private,  made  for  the 
purpose  of  aiding  such  study  and  investigation. 

263:2  Appropriation.  For  the  purpose  of  providing  funds  for  the 
use  of  the  interim  committee  on  improved  pesticides  controls  the  sum  of 
three  thousand  dollars  is  hereby  appropriated.  The  appropriation  made 
hereunder  shall  be  a  continuing  appropriation  and  shall  not  lapse.  The 
members  of  the  committee  shall  be  entitled  to  mileage  for  travel  per- 
formed on  official  business,  payable  from  the  funds  hereby  appropriated. 
The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

263:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage, 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  264. 

AN  ACT  TO  REGULATE  THE  CARRIAGE  OF  HOUSEHOLD  GOODS  FOR  HIRE  BY 

MOTOR  VEHICLE. 

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

264:1    Amend  RSA  Title  XXXIV  by  inserting  after  chapter  375  the 
following  new  chapter: 

Chapter  375-A 

Carriage  of  Household  Goods  for  Hire  by 
Motor  Vehicle. 

375-A:  1    Definitions.    As  used  in  this  chapter  the  following  terms 
shall  have  the  following  meanings: 

"Household  goods  carrier"  shall  mean  a  carrier  who  transports  for 
hire  by  motor  vehicle,  either  common  or  contract,  personal  effects  and 


1963]  Chapter  264  505 

property  used  or  to  be  used  in  a  dwelling  when  a  part  of  the  equipment 
or  supply  of  such  dwelling;  furniture,  fixtures,  equipment  and  the  prop- 
erty of  stores,  offices,  museums,  institutions,  hospitals,  or  other  establish- 
ments when  a  part  of  the  stock,  equipment,  or  supply  of  such  stores, 
offices,  museums,  institutions,  hospitals,  or  other  establishments;  and 
articles,  including  objects  of  art,  displays  and  exhibits,  which  because  of 
their  unusual  nature  or  value  require  specialized  handling  and  equip- 
ment usually  employed  in  moving  household  goods,  and  as  may  be  de- 
fined by  the  commission,  for  hire  between  points  in  this  State.  The  term 
shall  not  include  one  who  transports  his  own  goods  for  the  purpose  of 
sale,  delivery  or  in  the  furtherance  of  a  trade  or  business  other  than 
transportation. 

"Commission"  shall  mean  public  utilities  commission. 

375-A:2  Certificate  Required.  No  household  goods  carrier,  as  de- 
fined herein,  shall  engage  in  the  business  of  transporting  household 
goods,  as  defined  by  the  commission,  between  points  in  this  state,  unless 
he  holds  a  certificate  issued  by  the  commission  authorizing  such  opera- 
tions; provided,  however,  that  if  he  or  his  predecessor  in  interest,  was 
engaged  in  bona  fide  operations  as  a  common  or  contract  carrier  pursuant 
to  RSA  375,  engaged  in  the  business  of  transporting  household  goods 
over  regular  or  irregular  routes  on  January  1,  1963,  or  within  the  terri- 
tory for  which  application  is  made,  and  has  so  operated  since  that  time, 
the  commission  shall  issue  such  certificate  without  requiring  further  proof 
that  the  public  convenience  and  necessity  will  be  served  by  such  opera- 
tion, and  without  further  proceedings,  if  application  for  such  certificate 
is  made  to  the  commission  in  accordance  with  the  provisions  of  this 
chapter  on  or  before  August  1,  il963.  Otherwise  the  application  for  such 
certificate  shall  be  in  accordance  with  the  procedure  provided  for  in 
section  3  of  this  chapter,  and  such  certificate  shall  be  issued  or  denied 
accordingly.  Pending  action  on  any  such  application  the  continuance  of 
such  operation  shall  be  lawful. 

375-A:3  Issuance.  A  certificate  shall  be  issued  to  any  qualified  ap- 
plicant therefor,  authorizing  the  whole  or  any  part  of  the  operations  cov- 
ered by  the  application,  if  it  is  found  that  the  applicant  is  fit,  willing  and 
able  properly  to  perform  the  service  proposed  and  to  conform  to  the  pro- 
visions of  this  chapter  and  the  requirements,  rules  and  regulations  issued 
by  the  commission  thereunder,  and  that  the  proposed  service,  to  the 
extent  to  be  authorized  by  the  certificate,  is  or  will  be  required  by  the 
present  or  future  public  convenience  and  necessity;  otherwise  such  ap- 
plication shall  be  denied. 

375-A:4  Terms  and  Conditions.  Each  certificate  issued  under  sec- 
tions 2  or  3  shall  specify  the  service  to  be  rendered  and  the  territory 
within  ^vhich  the  carrier  is  authorized  to  operate.  The  commission  may 
impose  upon  the  exercise  of  the  privileges  granted  by  the  certificate,  at 


506  Chapter  264  [1963 

the  time  of  its  issuance  or  from  time  to  time  thereafter,  such  reasonable 
terms,  conditions  and  limitations  as  the  public  convenience  and  necessity 
may  require,  provided,  however,  that  no  terms,  conditions,  or  limitations 
shall  restrict  the  right  of  the  carrier  to  add  to  his  or  its  equipment  and 
facilities  over  the  routes,  between  the  termini  or  within  the  territory 
specified  in  the  certificate,  as  the  development  of  the  business  and  the 
demands  of  the  public  shall  require. 

375-A:5  Applications  for  Certificates.  Application  for  certificates 
required  in  sections  2  and  3  shall  be  made  in  writing  to  the  commission, 
verified  under  oath,  accompanied  by  the  proper  fee,  shall  be  in  such 
form  and  shall  contain  such  information,  as  the  commission  shall,  by  regu- 
lation, require.  Any  person,  not  included  within  the  provisions  of  sections 
2  or  3,  who  is  engaged  in  transportation  of  household  goods  between 
points  in  this  state  by  motor  vehicle  when  this  chapter  takes  effect  may 
continue  such  operation  until  September  1,  1963,  without  a  certificate 
and,  if  application  for  such  certificate  is  made  to  the  commission  by  said 
date,  the  carrier  may,  under  such  regulations  as  the  commission  may  pre- 
scribe, continue  such  operation  until  otherwise  ordered  by  the  com- 
mission. 

375-A:6  Suspension,  Change  and  Revocation  of  certificates.  Cer- 
tificates issued  under  the  provisions  of  this  chapter  authorizing  operations 
as  a  household  goods  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 
application  or  upon  its  own  initiative  amend,  suspend,  or  revoke  any 
such  certificate,  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. 

375-A:7  Transfer  of  Certificates.  No  certificate,  nor  any  rights  there- 
under shall  be  transferred  without  the  approval  of  the  commission. 

375-A:8  Security  for  the  Protection  of  Property.  No  certificate  issued 
to  a  carrier  under  the  provisions  of  this  chapter  shall  remain  in  effect 
unless  such  carrier  shall  file  with  the  commission  and  keep  in  force  a 
certificate  of  insurance  in  such  form  and  in  such  reasonable  amount  as 
the  commission  may  require,  to  adequately  provide  for  the  reasonable 
protection  of  the  owner  or  owners  of  the  property  transported. 

375-A:9  Rates  and  Charges.  Every  household  goods  carrier  by  motor 
vehicle  shall  file  with  the  commission  and  shall  print  and  keep  open  to 
public  inspection,  schedules  showing  the  rates  and  charges  for  the  trans- 
portation to  be  rendered,  within  such  time  and  in  such  form  and  with 
such  detail  as  the  commission  may  prescribe.  Unless  the  commission 
otherwise  orders,  no  change  shall  be  made  in  any  such  rate  or  charge 


1963]  Chapter  264  507 

which  shall  have  been  filed  or  published  in  compliance  with  this  section, 
except  after  thirty  days'  notice  to  the  commission  and  such  notice  to  the 
public  as  the  commission  shall  direct. 

375-A:10  Discrimination  Prohibited.  It  shall  be  unlawful  for  any 
household  goods  carrier  by  motor  vehicle  engaged  in  transportation  be- 
tween points  in  this  state  to  make,  give,  or  cause  any  undue  or  unreason- 
able preference  of  advantage  to  any  particular  person  or  locality,  in  any 
respect  whatsoever,  or  to  subject  any  particular  person  or  locality  to  any 
unjust  discrimination  or  any  undue  or  unreasonable  prejudice  of  dis- 
advantage in  any  respect  whatsoever. 

375-A:ll  Adherence  to  Tariffs.  No  household  goods  carrier  by 
motor  vehicle  shall  charge  or  demand  or  collect  or  receive  a  greater  or 
less  or  different  compensation  for  transportation  or  for  any  service  in 
connection  therewith  between  the  points  enumerated  in  such  tariff  than 
the  rates  and  charges  specified  in  the  tariffs  in  effect  at  the  time;  and  no 
such  carrier  shall  refund  or  remit  in  any  manner  or  by  any  device,  di- 
rectly or  indirectly,  or  through  any  agent  or  otherwise,  any  portion  of 
the  rates  or  charges  so  specified,  or  extend  to  any  person  any  privileges 
or  facilities  for  transportation  between  points  in  this  state  except  such  as 
are  specified  in  its  tariffs. 

375-A:12  Schedules  of  Minimum  Rates  and  Charges.  It  shall  be  the 
duty  of  every  household  goods  carrier  by  motor  vehicle  to  file  with  the 
commission,  publish,  post  and  keep  open  for  public  inspection  in  the 
form  and  manner  prescribed  by  the  commission,  schedules  of  minimum 
charges,  or  in  the  discretion  of  the  commission,  copies  of  contracts  of 
such  carrier  between  points  in  this  state,  and  any  rule,  regulation  or 
practice  affecting  such  charges  and  the  value  of  the  service  thereunder. 
No  such  carrier  shall  demand,  charge  or  collect  a  less  compensation  for 
such  transportation  than  the  charges  filed  in  accordance  with  this  section, 
as  affected  by  any  rule,  regulation  or  practice  so  filed,  and  it  shall  be  un- 
lawful for  any  such  carrier,  by  the  furnishing  of  special  services,  facilities 
or  privileges,  or  by  any  other  device  whatsoever  to  charge,  accept  or  re- 
ceive less  than  the  minimum  charges  so  filed;  provided,  however,  that 
any  such  carrier  or  carriers,  or  any  class  or  group  thereof,  may  apply  to 
the  commission  for  relief  from  the  provisions  of  this  section,  and  the 
commission  may  grant  such  relief  to  such  extent  and  for  such  time,  and 
in  such  manner  as  in  its  opinion  is  consistent  with  the  public  interest. 

375-A:I3  Accounts,  Records  and  Reports.  The  commission  is  here- 
by authorized  to  require  annual  reports  from  all  household  goods  car- 
riers as  defined  herein,  subject  to  the  provisions  of  this  chapter,  to  pre- 
scribe the  manner  and  form  in  which  such  reports  shall  be  made,  and 
to  require  from  such  carriers  specific  answers  to  all  questions  upon  which 
the  commission  may  deem  information  to  be  necessary.  Such  report  shall 
be  under  oath  whenever  the  commission  so  requires.  The  commission  or 


508  Chapter  264  [1963 

its  duly  authorized  representatives  shall  at  all  reasonable  time  have  access 
to  all  accounts  and  records,  including  all  documents,  papers  and  cor- 
respondence now  or  hereafter  existing  and  kept,  or  required  to  be  kept, 
by  household  goods  carriers  subject  to  this  chapter. 

375-A:14  General  Duties  and  Powers  of  the  Commission.  It  shall 
be  the  duty  of  the  commission  to  regulate  household  goods  carriers  by 
motor  vehicle  as  provided  in  this  chapter,  and  to  that  end  the  commis- 
sion may  establish  reasonable  requirements  and  regulations  with  respect 
to  reasonable  and  adequate  service  and  safety  of  operation  and  equip- 
ment. 

375-A:15  Investigations  and  Orders.  Upon  complaint  in  writing  by 
any  person,  organization,  or  body  politic,  or  upon  its  own  initiative,  the 
commission  may  investigate  whether  any  motor  carrier  has  failed  to  com- 
ply with  any  provision  of  this  chapter,  or  with  any  requirement  estab- 
lished pursuant  thereto.  If  the  commission,  after  notice  and  hearing,  finds 
upon  any  such  investigation  that  the  motor  carrier  has  failed  to  comply 
with  any  such  provision  or  requirement,  the  commission  may  issue  an 
appropriate  order  to  compel  the  carrier  to  comply  therewith.  Whenever 
the  commission  is  of  the  opinion  that  any  complaint  does  not  state  reason- 
able grounds  for  investigation  and  action  on  its  part,  it  may  dismiss  such 
complaint. 

375-A:I6  Investigation;  Inspectors.  Every  household  goods  carrier, 
as  defined  herein,  while  operating  in  the  course  of  its  business  in  this 
state,  when  requested  to  do  so  by  a  duly  authorized  representative  of  the 
commission  who  displays  the  proper  insignia  of  his  office,  shall  stop  and 
submit  his  motor  vehicle  to  such  reasonable  examination  as  may  be  nec- 
essary to  inform  the  representative  of  the  condition  thereof.  Any  such 
carrier  who,  personally  or  by  his  agent,  violates  any  provision  of  this 
section  shall  be  punished  by  a  fine  of  not  more  than  twenty-five  dollars. 
For  the  purpose  of  enforcing  this  chapter  and  the  rules  and  regulations 
prescribed  by  the  commission  pursuant  to  the  provisions  thereof,  author- 
ized representatives  of  the  commission  shall  have  the  powers  of  a  deputy 
sheriff  in  any  county  in  this  state. 

375-A:17  Vehicles  to  be  Registered.  Each  household  goods  carrier 
holding  a  certificate  under  the  provisions  of  this  chapter  shall  annually 
apply  to  the  department  of  safety,  motor  vehicle  division,  on  blanks  to  be 
furnished  by  it,  for  the  registration  of  each  vehicle  operated  under  the 
provisions  of  such  certificate  and  pay  to  said  department  fees  as  provided 
for  in  section  18.  Upon  receipt  of  such  application  and  fee  a  distinguish- 
ino-  number  plate  or  plates  and  registration  certificate  shall  be  furnished 
by  the  division  for  such  vehicle  applied  for  and  said  plates  shall  be  prom- 
inently displayed  on  the  vehicle  in  such  manner  as  the  director  of  the 
division  shall  prescribe.  Registration  certificates  and  number  plates  issued 
under  the  provisions  of  this  section  shall  be  used  coincidental  with,  and 


1963]  Chapter  264  509 

shall  expire  with  the  corresponding  registration  certificate  and  number 
plates  issued  by  the  division  of  motor  vehicles,  department  of  safety,  of 
this  state. 

375-A:18  Fees.  The  following  fees  shall  be  paid: 

I.  To  the  commission; 

A.  For  each  application  for  a  household  goods  carrier  for  which  a 
certificate  is  issued  pursuant  to  section  2,  twenty-five  dollars; 

B.  For  each  application  for  household  goods  carrier  for  which  a 
certificate  is  issued  pursuant  to  section  3,  fifty  dollars; 

II.  To  the  department  of  safety; 

A.  For  the  annual  registration  of  each  vehicle  used  in  the  carriage 
of  household  goods,  five  dollars; 

B.  For  each  transfer  of  a  registration  certificate,  one  dollar. 

The  department  of  safety,  division  of  motor  vehicles  shall  deduct 
from  the  fee  received  under  paragraph  II  of  this  section  the  actual  cost 
of  issuing  such  registration  certificates  and  number  plates  and  shall  for- 
ward the  balance  to  the  commission  to  be  used  by  it  in  the  administration 
of  this  chapter. 

375-A:19  Penalty.  Any  person  violating  any  provision  of  this  chap- 
ter, or  any  rule,  regulation,  requirement  or  order  issued  thereunder,  or 
any  term  or  condition  of  any  certificate  or  license,  shall  upon  conviction 
be  fined  not  more  than  one  hundred  dollars  for  the  first  offense  and  not 
more  than  five  hundred  dollars  for  any  subsequent  offense.  Each  day  of 
such  violation  shall  constitute  a  separate  offense.  Any  person,  whether 
carrier,  officer,  employee,  agent  or  representative  thereof,  who  shall  know- 
ingly offer,  grant  or  give,  or  solicit,  accept  or  receive  any  rebate,  con- 
cession or  discrimination  in  violation  of  any  provision  of  this  chapter, 
or  who  by  means  of  any  false  or  fictitious  bill,  receipt,  voucher,  roll,  ac- 
count, claim,  certificate,  affidavit,  deposition,  lease  or  bill  of  sale,  or  by 
any  other  means  or  device,  shall  knowingly  and  wilfully  assist,  suffer  or 
permit  any  person  or  persons,  natural  or  artificial,  to  obtain  transporta- 
tion service  subject  to  this  chapter  for  less  than  the  applicable  rate  or 
charge,  or  who  shall  knowingly  and  wilfully  by  any  such  means  or  other- 
wise fraudulently  seek  to  evade  or  defeat  regulation  as  in  this  chapter 
provided  for  household  goods  carriers,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  be  fined  not  more  than  one  hun- 
dred dollars  for  the  first  offense  and  not  more  than  one  thousand  dollars 
for  any  subsequent  offense. 

264:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  l,il963.] 


510  Chapter  265  [1963 

CHAPTER  265. 

AN  ACT  RELATIVE  TO  FUNDS  FOR  THE  STATE  NURSING  SCHOLARSHIP  PROGRAM. 

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

265:1  Nurse  Scholarship  Program.  Amend  RSA  326:32  (supp)  as 
inserted  by  1959,  221:1  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  326:32  Amount  of  Aid.  The  maximum  amount 
which  the  board  may  grant  to  any  one  student  nurse  in  basic  practical 
nursing  training  shall  be  two  hundred  fifty  dollars  during  her  course 
of  study.  The  maximum  amount  which  the  board  may  grant  to  any  one 
student  nurse  in  basic  professional  nursing  training  shall  not  exceed  one 
thousand  dollars  for  the  three  or  four-year  period  of  which  not  over  five 
hundred  dollars  may  be  awarded  for  the  first  year,  not  over  three  hundred 
dollars  for  the  second  year  and  not  over  two  hundred  dollars  for  the  third 
and/or  fourth  year,  and  to  any  one  registered  nurse  in  advanced  nursing 
education  shall  not  exceed  one  thousand  dollars  per  year  for  a  period  of 
not  more  than  two  years,  all  of  which  shall  be  paid  to  the  student  or  reg- 
istered nurse  subject  to  such  rules  and  restrictions  as  the  board  may  im- 
pose. Said  rules  may  include  provisions  relative  to  times  when  payments 
shall  be  made  of  the  grants  provided  for  hereunder. 

265:2  Appropriation.  The  sum  of  fifty  thousand  dollars  is  hereby 
appropriated  for  the  biennium  ending  June  30,  1965  for  the  purpose  of 
providing  funds  to  carry  out  the  provisions  of  RSA  326:30,  31  and  32. 
The  sum  hereby  appropriated  shall  be  available  as  of  July  1,  1963,  and 
the  Governor  is  authorized  to  draw  his  warrant  for  the  said  sum  out  of 
any  money  in  the  treasury  not  otherwise  appropriated.  To  provide  for 
the  cost  of  administering  the  total  program  a  sum  shall  be  deducted  from 
the  total  amount  appropriated  for  the  state  nursing  scholarship  program, 
this  sum  not  to  exceed  $500  for  each  year.  Said  sums  to  be  expended  by 
the  state  board  of  nursing  education  and  nursing  registration  to  defray 
the  expense  of  administration  of  the  program  for  state  aid  for  nursing 
education. 

265:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


1963]  Chapter  267  511 

CHAPTER  266. 

AN  ACT  RELATIVE  TO  ON-SALE  PERMITS  FOR  SALE  OF  BEVERAGES. 

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

266:1  Sale  of  Beverages.  Amend  RSA  181:4  as  amended  by  -1963, 
158:1,  by  striking  out  the  words  "in  the  case  of  restaurants,  at  public 
tables  upon  the  premises  designated  in  the  permit,  but  only  in  a  room 
used  primarily  for  the  serving  and  consumption  of  food,  or,  when  so  au- 
thorized by  the  commission,  to  assemblages  of  more  than  six  persons  in 
a  private  room  or  at  a  private  table;  in  the  case  of  hotels,  at  tables  or  in 
rooms  of  guests;  in  the  case  of  clubs,  at  tables  or  over  bars.  No  such  per- 
mit shall  be  issued  for  any  restaurant  or  club  which  has  not  been  estab- 
lished and  doing  business  for  at  least  six  months  during  the  calendar 
year  prior  to  the  application  for  such  permit;  provided,  however,  that 
the  commission  may,  in  its  discretion,  issue  a  permit  to  a  seasonal  restau- 
rant or  club  which  has  been  established  and  doing  business  for  at  least 
two  months  during  the  calendar  year  preceding  the  application,"  in  the 
fourth  through  the  fifteenth  lines,  inclusive,  so  that  said  section  as  amend- 
ed shall  read  as  follows:  181:4  On  Sale  Permits.  On  sale  permits  shall 
be  issued  only  for  restaurants,  hotels  or  clubs.  Such  permits  shall  authorize 
the  permittee  to  sell  beverages  for  consumption  on  the  premises  desig- 
nated in  the  permit.  It  shall  be  within  the  discretion  of  the  commission 
to  issue  to  a  permittee  a  special  permit  to  sell  beverages. 

266:2  Repeal.  RSA  181:7,  relative  to  Sunday  sales,  is  hereby  re- 
pealed, 

266:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  267. 

AN  ACT  RELATIVE  TO  THE  INCORPORATION  OF  TRUST  COMPANIES. 

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

267:1  Trust  Companies.  Amend  RSA  392:1  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  392:1  Incorporation 
Board.  The  bank  commissioner,  the  state  treasurer  and  the  attorney- 
general  shall  constitute  a  board  for  the  incorporation  of  trust  companies 
and  other  corporations  of  a  similar  character,  shall  be  known  as  the  board 
of  trust  company  incorporation,  and  shall  receive  no  compensation  for 


512  Chapter  268  [1963 

services  on  this  board.  The  deputy  bank  commissioner  shall  serve  as  clerk 
of  the  board.  Provided,  that  if  at  the  effective  date  of  this  act  there  shall 
be  pending  any  matter  before  the  board  as  constituted  prior  to  such  effec- 
tive date,  the  board  as  so  constituted  shall  remain  in  existence  with  respect 
to  such  matter  and  shall  retain  jurisdiction  thereof  until  final  decision 
shall  have  been  rendered  thereon. 

267:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  268. 

AN  ACT  RELATIVE  TO  MOTOR  CARRIERS  OF  PROPERTY. 

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

268:1  Exemptions  from  Registration.  Amend  RSA  375:4  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  375:4 
Exemptions.  There  shall  be  exempted  from  the  provisions  of  this  chapter: 

I.  Motor  vehicles  operating  exclusively  within  the  limits  of  a  single 
city  or  incorporated  town. 

II.  Motor  vehicles  owned  by  any  branch  of  the  government  of  the 
United  States  or  by  any  state  department,  or  by  any  county,  city,  town, 
or  village. 

III.  Motor  vehicles  engaged  in  the  transportation  of  agricultural 
products,  by-products  or  supplies  and  owned  or  operated  by  cooperative 
marketing  associations  organized  under  the  provisions  of  chapter  301. 

IV.  Private  carriers  of  property  by  motor  vehicle. 

268:2  Private  Carrier  Defined.  Amend  RSA  375  by  inserting  after 
section  3  (supp)  as  amended  by  1961,  166:12,  the  following  new  section: 
375:3-a  Private  Carriers.  The  term  "private  carrier  of  property  by  motor 
vehicle"  means  any  person  not  included  in  the  terms  "common  carrier 
by  motor  vehicle"  or  "contract  carrier  by  motor  vehicle",  who  or  which 
transports  in  intrastate  commerce  by  motor  vehicle  property  of  which 
such  person  is  the  owner,  lessee,  or  bailee,  when  such  transportation  is 
for  the  purpose  of  sale,  lease,  rent,  or  bailment,  or  in  furtherance  of  any 
commercial  enterprise. 

268:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  269  513 

CHAPTER  269. 

AN  ACT  RELATIVE  TO  REAL  ESTATE  BROKERS. 

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

269:1  Real  Estate  Brokers.  Amend  RSA  331-A  (supp)  as  inserted 
by  1959,  222:1  by  inserting  after  section  5  the  following  new  section: 
331-A:5-a  Lapse  of  License.  If  any  licensee  under  this  chapter  shall  per- 
mit his  annual  license  to  lapse  for  a  period  of  thirty  days  after  its  expira- 
tion by  failure  to  renew  his  annual  license  during  such  period,  his  license 
shall  be  deemed  to  have  lapsed;  and  such  person  thereafter  may  obtain 
a  license  only  by  qualifying  anew  as  an  original  licensee  must  do  and 
paying  the  required  fee  for  an  original  license.  Approximately  thirty 
days  before  the  expiration  of  each  license  the  commissioner  of  insurance 
shall  notify  each  licensee  of  this  fact  by  mail,  enclosing  also  a  renewal 
blank. 

269:2  Qualifications.  Amend  RSA  331-A  (supp)  as  inserted  by  1959, 
222:1  and  amended  by  196'1,  213:1  by  inserting  after  section  4  the  follow- 
ing new  sections:  331-A:4-a  Examination.  On  and  after  January  1,  1964, 
the  commissioner  of  insurance  shall  not  issue  an  original  salesman's  or 
broker's  license  to  any  resident  applicant  therefor  unless  and  until  such 
applicant  shall  have  satisfactorily  passed  a  reasonable  written  examina- 
tion as  to  his  qualifications  to  act  as  such  broker  or  salesman.  The  exam- 
ination shall  be  in  such  form  as  may  be  prescribed  by  the  commissioner 
of  insurance  and  shall  be  administered  by  the  commissioner  who  shall 
cause  the  examination  to  be  given  to  resident  applicants  at  least  four 
times  annually.  The  commissioner  is  authorized  to  publish  and  distribute 
printed  material  indicating  the  scope  of  the  examination  and  suggested 
sources  of  study.  A  similar  examination  shall  be  required  of  non-residents 
unless  they  have  qualified  in  the  state  of  their  residence  by  passing  such 
an  examination. 

331-A:4-b  Rules.  The  commissioner  of  insurance  is  authorized 
to  make  and  issue  reasonable  rules  and  regulations  governing  such  exam- 
inations and  the  eligibility  of  persons  who  have  failed,  to  be  re-examined. 
The  commissioner  is  further  authorized,  in  prescribing  the  form  of  the 
application  for  license  required  by  section  4,  to  require  the  applicant  to 
set  forth  thereon  such  additional  information  as  to  his  background  and 
trustworthiness  as  is  reasonably  required  to  fairly  inform  any  person 
requested  to  sign  the  affidavit  on  his  application  as  a  character  reference, 
and  to  require  the  application  to  be  fully  filled  out  by  the  applicant  be- 
fore the  character  affidavits  are  signed.  No  person  who  is  related  by  blood 
or  marriage  to  an  applicant  may  serve  as  a  character  reference  on  his 
application  under  section  4,  and  this  restriction  shall  appear  on  the  ap- 
plication form. 


514  Chapter  269  [1963 

269:3  Misconduct.  Amend  RSA  331-A  (supp)  as  inserted  by  1959, 
222:1  by  inserting  after  section  6  the  following  new  sections:  331-A:6-a 
Denial  of  Reciprocity.  No  non-resident  whose  license  as  broker  or  sales- 
man is  under  revocation  or  suspension  in  another  state  shall  be  granted 
a  license  as  broker  or  salesman  in  this  state,  and  if  already  granted  a 
non-resident  license,  same  may  be  revoked  or  suspended  as  provided  in 
section  7  upon  due  proof  of  the  other  state's  action.  331-A:6-b  Prohibited 
Conduct.  I.  The  conviction  of  any  licensee  by  any  court  of  competent 
jurisdiction  of  a  crime  which  is  a  felony,  whether  or  not  the  same  arises 
out  of  his  business  as  a  broker  or  salesman,  may  be  grounds  for  the  revoca- 
tion or  suspension  of  his  license,  according  to  the  nature  of  the  offense, 
in  accordance  with  the  procedure  prescribed  in  section  7.  II.  No  licensee 
shall  commingle  the  funds  entrusted  to  him  as  agent  or  in  escrow  by  the 
buyer  or  seller  of  real  estate,  with  his  own  funds.  Violation  of  the  provi- 
sions of  this  paragraph  may  be  ground  for  revocation  or  suspension  of  his 
license,  according  to  the  nature  of  the  offense,  in  accordance  with  the 
procedure  prescribed  in  section  7.  Upon  complaint  the  commissioner  is 
authorized  to  examine  the  books  and  records  of  any  licensee  for  the  pur- 
pose of  investigating  any  violations  of  this  statute. 

269:4  Hearing  Costs.  Amend  RSA  331-A:7-a  (supp)  as  inserted  by 
1961,  213:2  by  inserting  after  said  section  the  following  new  section: 
331-A:7-b  Payment  by  State.  The  cost  and  expenses  of  hearings  con- 
ducted under  section  7  shall  be  paid  by  the  state.  The  governor  is  author- 
ized to  draw  his  warrant  for  the  said  sums  out  of  any  money  in  the  treasury 
not  otherwise  appropriated.  Those  provisions  of  section  7  referring  to 
the  charging  of  such  costs  to  the  special  fund  created  by  the  payment  of 
license  fees  hereunder  are  repealed. 

269:5  Funds  Available.  For  the  purpose  of  getting  funds  for  tem- 
porary and/or  part-time  clerical  assistance  and  additional  printing,  mail- 
ing and  other  current  expenses  required  by  the  examination  procedure 
provided  for  by  this  act,  the  insurance  commissioner  is  authorized  to  pay 
for  such  assistance  and  expenses  out  of  receipts  collected  for  real  estate 
licensing  fees  not  to  exceed  the  sum  of  $2,500  for  each  fiscal  year  of  1964 
and  1965. 

269:6  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  271  515 

CHAPTER  270. 

AN  ACT  RELATIVE  TO  BRIDGES  ON  CLASS  II  HIGHWAYS. 

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

270:1  Bridges  on  Class  II  Highways.  The  commissioner  of  public 
works  and  highways  is  directed  to  conduct  a  study  of  the  probable  cost  to 
the  state  of  the  assumption  by  the  state,  not  later  than  June  30,  1965,  of 
all  maintenance  or  reconstruction  of  all  bridges  on  class  II  highways  with- 
in the  state.  The  commissioner  shall  submit  a  report  of  his  finding  not 
later  than  January  15,  1965  to  the  next  regular  session  of  the  legislature. 

270:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  271. 

AN  ACT  RELATIVE  TO  RE-EXAMINATION  OF  MOTOR  VEHICLE  OPERATORS  OVER 

SEVENTY  YEARS  OF  AGE. 

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

271:1  Motor  Vehicle  Operators.  Amend  RSA  261:3-a  (supp)  as  in- 
serted by  1955,  294:il  and  amended  by  1957,  25:1,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  261:3-a  Re-examina- 
tion. The  director,  division  of  motor  vehicles,  may  require  with  cause 
any  person  holding  a  license  to  operate  motor  vehicles  or  applying  for 
re-issue  of  such  license  to  pass  such  examination  as  to  his  qualifications 
as  the  director  shall  prescribe.  No  license  shall  be  re-issued  to  such  person 
or  continued  in  effect  until  the  director  is  satisfied  as  to  such  person's 
fitness  to  operate  a  motor  vehicle.  Every  person  upon  reaching  his  seventy- 
fifth  birthday  shall  demonstrate  his  physical  and  mental  qualifications  to 
hold  a  license  by  examination,  as  prescribed  by  the  director. 

271:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


516  Chapter  272  [1963 

CHAPTER  272. 

AN  ACT  PROVIDING  FOR  COLLECTION  OF  TAXES  ON  PROPERTY  BEING 

RE-ASSESSED. 

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

272:1  Continuation  of  Liability.  Amend  RSA  71:12  (supp)  as 
amended  by  1959,  123:1,  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  71:12  Re-assessments.  Whenever  it  comes  to  the 
attention  of  the  tax  commission  by  a  specific  written  complaint,  or  from 
any  other  source,  before  the  end  of  the  tax  year,  that  a  particular  parcel 
or  item  of  taxable  property  has  not  been  assessed,  or  that  it  has  been 
fraudulently,  improperly,  unequally  or  illegally  assessed,  the  commission 
when  in  its  opinion  such  action  is  advisable  or  necessary  may  order  that 
said  property  be  assessed  or  re-assessed  in  any  taxing  district.  Upon  re- 
ceipt of  such  complaint  or  such  information  the  commission  shall  on  or 
before  March  thirty-first  notify  the  assessing  officials  and  the  owner  or 
person  in  possession  of  the  property  alleged  not  to  be  assessed  or  improp- 
erly assessed  by  certified  mail,  return  receipt  requested.  It  may  order 
such  assessment  or  re-assessment  to  be  made,  even  though  the  tax  year 
for  which  such  assessment  or  re-assessment  is  made  has  expired.  If  such 
property  is  real  estate  the  commission  shall  at  the  time  of  giving  the  above 
notice,  notify  the  register  of  deeds  for  the  county  where  said  real  estate 
is  situate  who  shall  index  the  same  in  the  grantor  index. 

272:2  Time  Limitation.  Amend  RSA  71:13  (supp)  as  amended  by 
1955,  297:1  and  1959,  123:2,  by  striking  out  the  same  and  inserting  in 
place  thereof  the  following:  71:13  —  Procedure  for.  When  selectmen 
or  assessors  are  ordered  to  make  such  assessment  or  re-assessment  the  same 
shall  be  made  within  thirty  days  unless  the  time  is  extended  by  the  tax 
commission.  If  such  assessment  or  re-assessment  is  not  made  within  thirty 
days  or  any  extension  thereof  or  is  not  satisfactory  to  the  tax  commission, 
the  commission  may  make  it. 

272:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  273  517 

CHAPTER  273. 

AN  ACT  REGULATING  THE  ISSUANCE  OF  MOTOR  VEHICLE  DEALER  PLATES. 

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

273:1  Motor  Vehicle  Dealer  Defined.  Amend  paragraph  VI  of  RSA 
259:1  by  striking  out  said  paragraph  and  inserting  in  place  thereof  the 
following:  VI.  "Dealer,"  every  person  principally  engaged  in  the  busi- 
ness of  buying,  selling,  or  exchanging  new  and  secondhand  motor  ve- 
hicles, trailers,  semi-trailers,  or  tractors  on  commission  or  otherwise,  who 
maintains  in  operating  condition  and  in  operation  and  at  which  the 
dealer  does  a  major  portion  of  his  business,  a  place  of  business  capable 
of  housing  indoors,  in  one  building,  five  average-sized  automobiles,  said 
space  may  be  used  for  other  related  purposes,  devoted  to  the  motor  ve- 
hicle, trailer,  semi-trailer,  or  tractor  business  and  gives  mechanical  service 
on  the  same  and  who  holds  a  written  contract  with  a  manufacturer  giv- 
ing such  persons  selling  rights  for  new  motor  vehicles,  trailers,  semi- 
trailers, or  tractors,  or  with  a  distributor  of  such  vehicles  who  as  such 
distributor  holds  a  manufacturer's  franchise  or  contract  giving  selling 
rights  on  new  motor  vehicles,  trailers,  semi-trailers,  or  tractors,  and  every 
person  principally  engaged  in  the  business  of  buying,  selling,  and  ex- 
changing secondhand  motor  vehicles,   trailers,   semi-trailers,  or  tractors 

O  O  7  7  7 

and  maintaining  a  place  of  business  capable  of  housing  indoors,  in  one 
building,  five  average-sized  automobiles,  said  space  may  be  used  for  other 
related  purposes,  devoted  to  the  motor  vehicle,  trailer,  semi-trailer,  or 
tractor  business  and  gives  mechanical  service  on  the  same,  in  which  the 
repair  of  motor  vehicles,  trailers,  semi-trailers,  or  tractors  is  subordinate 
or  incidental  to  the  business  of  buying,  selling,  and  exchanging  the  same. 

273:2  Application  for  Plates.  Amend  RSA  260:45  by  inserting  in 
line  two  after  the  word  "Purpose"  the  Tvords,  for  a  specific  designation  of 
his  type  of  business  and  ;  so  that  said  section  as  amended  shall  read  as 
follows:  260:45  Application.  A  manufacturer  or  dealer  may  make  ap- 
plication to  the  commissioner,  upon  blanks  furnished  by  him  for  that  pur- 
pose, for  a  specific  designation  of  his  type  of  business  and  for  a  general 
distinguishing  number  for  his  motor  vehicles,  trailers,  semi-trailers,  and 
tractors. 

273:3  Notice  of  Sale  of  Unsafe  Vehicle.  Amend  RSA  260  by  insert- 
ing after  section  52  the  following  new  section:  260:52-a  Sale  of  Unsafe 
Motor  Vehicles.  A  dealer  selling  a  motor  vehicle  at  retail  which,  in  his 
judgment,  is  unsafe  for  operation  upon  the  highways  shall  destroy  any 
inspection  sticker  applied  to  the  windshield  thereof  and  shall  within  five 
days  after  said  sale  file  with  the  commissioner  notice  of  said  sale  on  a 
form  provided  by  the  commissioner  and  signed  by  both  the  purchaser 
and  dealer.  A  copy  of  said  notice  shall  be  retained  by  the  dealer  and  a 
copy  shall  be  delivered  to  the  purchaser. 


518  Chapter  274  [1963 

273:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  274. 

AN  ACT  RELATIVE  TO  LAYING  OUT  HIGHWAYS. 

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

274:1  Reopening  Discontinued  Highways.  Amend  RSA  234  by  in- 
serting after  section  18  the  following  new  section:  234:18-a  Previously 
Discontinued  Highway.  Notwithstanding  any  other  provisions  of  this 
chapter  to  the  contrary,  any  owner  who  has  no  access  to  his  land  by  public 
highway  may  petition  the  selectmen  to  lay  out,  subject  to  gates  and  bars, 
a  highway  located  where  any  previously  discontinued  highway  was  lo- 
cated. Upon  receipt  of  such  a  petition,  the  selectmen  shall  immediately 
post  notice  thereof  in  two  public  places  in  the  town  in  which  the  land  is 
situated  and  shall  mail  like  notices  to  the  owners  of  the  land  over  which 
such  highway  may  pass,  postage  prepaid,  at  their  last  known  mail  ad- 
dresses. Unless  written  objection  to  such  lay  out  is  filed  with  the  selectmen 
within  sixty  days  after  the  posting  and  mailing  of  such  notice,  the  highway 
shall  be  laid  out,  subject  to  gates  and  bars,  in  the  location  in  which  it 
previously  existed  if  the  selectmen  find  that  the  petitioner  in  fact  has  no 
other  access  to  his  land  by  public  highway.  The  selectmen  shall  assess 
the  damages  sustained  by  each  owner  of  land  or  other  property  taken  for 
such  highway,  which  damages  shall  be  paid  by  the  petitioner.  They  shall 
make  and  cause  to  be  recorded  by  the  town  clerk  a  return  as  required  by 
section  13  of  this  chapter.  The  petitioner  and  all  those  succeeding  him 
in  title  shall  be  required  to  maintain  the  gates  and  bars  and  to  maintain 
the  highway  so  laid  out  at  their  own  expense.  In  the  event  written  ob- 
jection to  such  lay  out  is  filed  with  the  selectmen  prior  to  the  expiration 
of  said  sixty  day  period,  the  petition  shall  be  deemed  to  be  a  petition 
filed  for  the  lay  out  of  a  new  class  IV,  V,  or  VI  highway  in  accordance 
with  section  1  of  this  chapter,  and  all  the  provisions  of  this  chapter  shall  be 
applicable  thereto. 

274:2  Rights  of  Way  for  Removal  of  Lumber,  Etc.  Amend  RSA  by 
inserting  after  chapter  234  the  following  new  chapter: 


1963]  Chapter  274  519 

Chapter  234-A 

Laying  Out  Rights  of  Way  for  Removal  of  Lumber 

234-A:  1  Petition.  Upon  petition,  when  it  becomes  necessary  for 
the  convenient  removal  of  lumber,  wood  or  other  material,  to  pass  through 
the  lands  of  a  person  other  than  the  owner  of  the  land  from  which  such 
lumber,  wood  or  other  material  is  to  be  removed,  the  selectmen  of  the 
town  within  which  said  lands  are  situated,  in  their  discretion,  may  lay 
out  a  right  of  way  through  the  land  of  any  person  for  the  purposes  afore- 
said, and,  upon  notice  to  and  hearing  of  the  owner  of  the  lands,  shall 
determine  the  necessity  for  and  assess  the  damages  occasioned  by  the 
laying  out  of  such  right  of  way,  and  such  damages  shall  be  paid  by  the 
person  applying  for  such  right  of  way  before  the  same  shall  be  open  for 
use.  Any  person  aggrieved  by  the  action  hereunder  of  the  selectmen  shall 
have  the  same  right  of  appeal  as  provided  by  chapter  234. 

234-A:2  Use  and  Discontinuance.  The  selectmen  may  fix  the  length 
of  time  and  conditions  under  which  such  right  of  way  may  be  used  and 
may  order  the  same  closed  or  discontinued  when  in  their  judgment  it  is 
necessary. 

234-A:3  Notice  and  Hearing.  The  selectmen  shall  appoint  forth- 
with a  time  for  examining  the  premises  and  hearing  parties  in  interest, 
and  give  twelve  days'  notice  thereof  to  one  or  more  of  the  petitioners. 
They  shall  also  give  like  notice  to  persons  owning  or  having  an  interest 
in  lands  through  which  the  right  of  way  to  be  laid  out,  altered  or  discon- 
tinued may  pass,  and  when  a  right  of  way  is  to  be  altered  or  discontinued, 
a  like  notice  shall  be  given  to  persons  owning  or  interested  in  land  abut- 
ting such  right  of  way,  of  such  time  and  of  the  time  when  they  will  con- 
sider claims  for  damages.  They  shall  also  cause  a  like  notice  to  be  pub- 
lished in  a  local  newspaper  generally  circulating  in  the  area  not  less  than 
ten  days  before  the  time  set  for  the  hearing. 

274:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,11963.] 
[Effective  September  1,  1963.] 


520  Chapter  275  [1963 

CHAPTER  275. 

AN  ACT  RELATIVE  TO  HOME  RULE  BY  AUTHORIZING  ADOPTION  OF  CITY  CHAR- 
TERS, ELIMINATING  CERTAIN  COMMISSIONS,  AND  PROVIDING  FOR  GOVERN- 
MENTAL UNITS  TO  CONTRACT  FOR  THE  PERFORMANCE  OF  VARIOUS  MUNICIPAL 

FUNCTIONS. 

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

275:1  Local  Option  —  City  Charters.  Amend  RSA  by  inserting  after 
chapter  49  the  following  new  chapter: 

Chapter  49-A 

Local  Option  —  City  Charters 

49-A:l  Title.  This  act  shall  be  known  as  "The  Enabling  Act  for 
Local  Option  City  Charters."  Its  purpose  shall  be  to  enable  cities  to  draft 
charters  within  the  framework  of  the  statute  without  the  need  for  creat- 
ing special  charters  by  action  of  the  general  court. 

49-A:2  Incorporation.  The  inhabitants  of  any  city  adopting  a  char- 
ter under  this  act  shall  continue  to  be  a  body  politic  and  corporate  under 
its  pre-existing  name  and  as  such  to  enjoy  all  the  rights,  immunities, 
powers  and  privileges  and  be  subject  to  all  duties  and  liabilities  now  in- 
cumbent upon  them  as  a  municipal  corporation.  All  existing  property 
of  the  city  shall  remain  vested  in  it  and  all  its  existing  debts  and  obliga- 
tions shall  remain  obligatory  upon  it  after  the  adoption  of  a  charter  here- 
under. 

49-A:3  Wards.  The  city  shall  continue  to  be  divided  into  the  same 
number  of  wards  as  constituted  at  the  time  of  the  adoption  of  a  charter 
hereunder,  and  the  general  laws  relative  to  wards  of  cities,  officers  thereof 
and  voters,  check  lists,  elections  and  jurors  therein  shall  be  applicable  to 
such  wards. 

Elections 

49-A:4  Conduct  of  Elections.  The  election  officers  in  each  ward 
whose  duty  it  is  to  conduct  regular  biennial  elections  shall  conduct  a 
municipal  election  at  city  expense  in  the  same  manner  as  a  regular  bien- 
nial election  on  the  Tuesday  following  the  first  Monday  in  November  of 
odd  numbered  years  to  elect  all  elected  officials  provided  for  in  any  char- 
ter adopted  under  this  chapter.  The  supervisors  of  the  check  list  in  each 
ward  shall  fix  the  polling  place  therein  and  give  notice  thereof  when  the 
check  list  for  the  municipal  election  is  first  posted. 

49-A: 5  Qualification  of  Voters.  Persons  who  would  be  qualified  to 
vote  in  a  biennial  election  if  held  on  the  day  of  such  municipal  election 


1963]  Chapter  275  521 

shall  be  qualified  to  vote  in  all  elections  held  pursuant  to  this  chapter 
and  all  elections  held  hereunder  shall  be  deemed  elections  within  the 
meaning  of  all  general  statutes,  penal  and  otherwise,  and  said  statutes 
shall  apply  to  municipal  elections  so  far  as  consistent  with  this  chapter. 
The  polls  shall  be  open  at  each  municipal  election  during  such  hours  as 
the  charter  may  provide,  but  in  any  event  for  not  less  than  ten  hours. 

49-A:6  Preparation  of  Ballots.  The  city  clerk  shall  prepare  the 
ballots  to  be  used  at  the  municipal  elections.  Under  charters  providing 
for  election  by  the  Australian  Ballot  System,  the  ballots  shall  be  prepared 
in  accordance  with  the  procedure  provided  for  in  general  election  laws 
governing  such  system.  Under  charters  providing  for  non-partisan  elec- 
tions, the  ballot  shall  contain  the  names  in  alphabetical  order  without 
party  designation  of  all  who  file  with  the  city  clerk  as  candidates  for  elec- 
tive office  not  later  than  five  o'clock  in  the  afternoon  of  the  fifteenth  day 
before  the  election.  The  charter  shall  specify  the  filing  fee  to  be  paid  for 
each  office  and  shall  specify  as  an  alternative  method  of  becoming  a  can- 
didate on  the  ballot,  the  number  of  qualified  voters  which  may  be  sub- 
scribed to  a  nominating  petition  in  such  form  as  the  charter  may  set  out. 

49-A:7  Contested  Elections.  Under  charters  governed  by  the  Aus- 
tralian ballot  system  any  election  contest  shall  be  resolved  in  accordance 
with  the  procedure  set  forth  in  the  general  election  laws  governing  bien- 
nial elections.  Under  charters  conducted  on  the  non-partisan  system, 
within  seven  days  after  the  official  canvass  of  the  votes  and  the  declaration 
of  the  successful  candidates,  the  governing  body  of  the  city  or  its  appro- 
priate standing  committee  shall,  subject  to  such  rules  and  regulations  as 
it  may  prescribe,  upon  request  of  any  candidate  recount  the  ballots  cast 
in  the  election  and  hear  and  determine  any  election  contest.  Decisions  of 
such  governing  body  shall  be  final.  In  the  event  of  any  tie  vote,  the  suc- 
cessful candidate  shall  be  chosen  by  lot  in  such  manner  as  the  governing 
body  may  determine.  For  the  purpose  of  hearing  evidence  in  any  such 
election  contest,  the  governing  body  shall  have  the  power  to  subpoena 
witnesses  and  compel  the  production  of  books,  records  and  papers. 

Procedure 

49-A:8  Procedure  for  Adoption.  A  city  desiring  to  adopt  a  charter 
under  this  act  may  do  so  by  either  of  the  following  methods. 

(1)  The  governing  body  of  the  city  may  by  a  two-thirds  vote  of  its 
members  constitute  itself  or  any  of  its  members  a  commission  for  the  pur- 
pose of  drafting  a  charter  hereunder.  It  may  also  in  the  alternative  au- 
thorize the  mayor  to  appoint,  subject  to  the  approval  of  a  majority  of  the 
governing  body,  a  charter  commission  of  five  members. 

(2)  Upon  petition  of  the  registered  voters  of  the  city  filed  with  the 
city  clerk  a  charter  commission  may  be  chosen  to  draft  a  charter  here- 


522  Chapter  275  [1963 

under.  Such  petition  shall  be  signed  by  the  following  percent  of  registered 
voters  as  appearing  on  the  check  lists  of  the  preceding  regular  election: 

10%  in  cities  not  over  20,000  inhabitants; 

5%  in  cities  of  more  than  20,000  inhabitants. 

Upon  the  filing  of  such  petition  of  the  voters,  the  city  clerk  shall 
provide  for  the  submission  of  the  question:  "Shall  a  charter  commission 
be  elected  to  draft  a  new  charter  under  the  Enabling  Act  for  Local  Op- 
tion City  Charters"  and  for  the  election  of  a  charter  commission  at  the 
next  regular  city  election  occurring  not  less  than  seventy-five  days  after 
the  filing  of  the  petition  with  said  clerk.  A  charter  commission  of  five 
members  shall  be  elected  by  the  qualified  voters  at  the  same  time  as 
public  question  is  submitted.  Candidates  shall  be  listed  on  the  ballot  in 
the  same  manner  as  is  provided  for  by  law  for  candidates  for  other  office, 
except  that  they  shall  be  listed  without  any  party  designation  or  slogan. 
The  ballot  shall  instruct  each  voter  to  vote  on  the  question  and  regardless 
of  the  manner  of  his  vote  on  the  question,  to  vote  for  five  members  of  a 
charter  commission  who  shall  serve  if  the  question  is  voted  in  the  affirm- 
ative. Candidates  for  the  charter  commission  shall  be  registered  voters  of 
the  city  and  may  be  nominated  by  filing  for  the  office  and  paying  a  filing 
fee  of  ten  dollars  or  by  petition  signed  by  at  least  three  percent  of  the 
registered  voters  of  the  city  and  filed  with  the  city  clerk  not  less  than  sixty 
days  prior  to  the  date  of  the  election.  No  voter  shall  sign  a  petition  or 
petitions  for  more  than  five  candidates. 

49-A:9  Organization  of  Charter  Commission.  Not  less  than  fifteen 
days  after  the  election  of  a  commission  or  the  adoption  of  a  vote  by  the 
governing  body  choosing  such  commission,  the  charter  commission  shall 
meet,  adopt  appropriate  rules  and  elect  appropriate  officers  for  the  con- 
duct of  its  business  of  drafting  a  charter  hereunder.  Members  shall  serve 
without  pay  but  within  the  appropriation  made  for  the  purpose  shall  be 
reimbursed  by  the  city  for  expenses,  including  expenses  incurred  for 
consultants  and  clerical  and  professional  assistance.  The  commission  shall 
hold  public  hearings  and  provide  for  the  widest  possible  public  informa- 
tion and  discussion  of  its  work.  It  may  also  hold  private  hearings.  Within 
nine  months  from  the  date  of  its  selection,  the  commission  shall  report 
its  findings  and  recommendations  to  the  governing  body  of  the  city  by 
filing  with  the  city  clerk  an  original  signed  copy  of  its  report.  If  the  re- 
port recommends  the  adoption  of  a  charter  hereunder,  the  clerk  shall 
cause  to  be  reproduced  sufficient  copies  of  said  charter  to  inform  the 
voters  and  shall  cause  their  distribution  to  the  voters  not  less  than  thirty 
days  prior  to  the  referendum  herein  provided  for. 

49-A:10  Referendum.  The  city  clerk  shall  cause  the  question  of 
adoption  or  rejection  of  any  charter  recommended  by  the  commission  to 
be  placed  upon  the  ballot  at  the  next  general  or  regular  city  election  oc- 
curring not  less  than  sixty  days  following  the  filing  of  the  commission's 


1963]  Chapter  275  523 

report  with  the  clerk,  or  at  a  special  election  which  may  be  ordered  by 
the  governing  body  of  the  city  not  less  than  sixty  days  nor  more  than  one 
hundred  twenty  days  after  such  filing.  The  commission  shall  frame  the 
question  to  be  placed  upon  the  ballot  and  if  it  deems  appropriate  shall 
add  an  interpretive  statement  to  accompany  the  question. 

49-A:ll  Adoption.  Whenever  the  voters  of  any  city  by  a  majority 
of  those  voting  on  the  question  vote  in  favor  of  adopting  a  charter  pro- 
posed hereunder,  said  charter  shall  take  effect  according  to  its  terms.  In 
any  event,  the  election  of  officers  provided  for  by  said  charter  shall  occur 
not  later  than  the  next  regular  biennial  municipal  election  to  be  held 
on  the  Tuesday  following  the  first  Monday  in  November  of  the  next  odd 
numbered  year. 

49-A:12  Amendments  and  Later  Referenda.  Amendments  to  any 
charter  adopted  hereunder  may  be  made  by  the  same  procedure  herein- 
above outlined  in  the  preceding  four  sections  at  any  regular  city  election 
held  after  the  adoption  of  the  charter.  At  any  regular  city  election  held 
not  less  than  five  years  after  the  adoption  of  one  optional  form  of  charter 
herein  provided  for,  a  different  optional  form  may  be  adopted  by  any 
city  by  the  procedure  hereinabove  established  by  this  chapter.  Any  city 
wishing  to  adopt  the  amending  process  hereinabove  provided  for  without 
adopting  either  of  the  two  charters  provided  for  by  this  chapter  may  do 
so  under  the  procedure  set  forth  in  section  8  of  this  chapter  by  submitting 
the  following  question  to  the  voters  at  any  regular  municipal  election: 

Shall  the  city  of  adopt  the  home  rule  amending  process 

provided  for  in  RSA  49-A  which  will  permit  the  city  to  adopt  amend- 
ments to  its  charter  by  popular  referendum  without  the  necessity  of 
legislative  act?  If  a  majority  of  those  voting  on  the  question  answer  "Yes," 
the  city  shall  thereafter  be  empowered  to  adopt  as  an  amendment  to  its 
own  charter  any  provisions  contained  in  the  charter  of  any  other  city  in 
the  state  of  New  Hampshire,  or  any  provisions  contained  in  either  of  the 
charters  provided  for  by  this  chapter.  Upon  the  adoption  of  any  amend- 
ment to  an  existing  corporate  charter  or  upon  the  adoption  of  either  of 
the  charters  provided  for  by  this  chapter,  the  city  clerk  of  the  adopting 
city  shall  not  later  than  ten  days  thereafter  file  with  the  secretary  of  state 
a  certified  copy  of  the  amendment  or  of  the  charter  adopted. 

Mayor- Aldermen  Plan 

49-A:  13  The  Governing  Body.  The  governing  body  under  the 
Mayor-Aldermen  Plan  shall  be  a  principal  officer  called  the  mayor  and 
a  board  of  aldermen,  all  of  whom  shall  be  elected.  Election  may  be  by 
non-partisan  ballot  as  hereinabove  described  or  by  the  Australian  ballot 
system  as  set  out  in  the  general  election  laws  of  the  state,  as  the  charter 
shall  provide.  All  elected  officials  shall  serve  for  a  term  of  two  years  com- 
mencing on  the  first  day  of  January  next  succeeding  the  date  of  their 


524  Chapter  275  [1963 

election  unless  the  charter  shall  provide  for  a  longer  term.  The  mayor 
shall  be  elected  from  the  city-at-large.  There  shall  be  one  alderman  elected 
from  each  ward  and  a  charter  may  provide  for  additional  aldermem 
elected  from  the  city  at  large  not  exceeding  in  total  number  the  aldermen 
elected  from  the  respective  wards. 

49-A:14  Qualifications  for  Office.  No  person  shall  be  candidate  for 
office  of  mayor  or  aldermen-at-large  who  is  not  a  duly  qualified  voter  of 
the  city.  No  person  shall  be  a  candidate  for  the  office  of  ward  alderman 
who  is  not  a  duly  qualified  voter  in  the  ward  in  which  he  seeks  election. 

49-A:15  Vacancies.  Vacancies  occurring  in  the  office  of  alderman 
from  any  cause  shall  be  filled  for  the  unexpired  term  with  the  election  of 
some  qualified  person  by  the  recorded  votes  of  at  least  a  majority  of  all 
members  of  the  board  of  aldermen  at  the  next  regular  meeting  or  at  a 
special  meeting  called  for  the  express  purpose  of  filling  the  vacancy  with- 
in thirty  days  following  the  creation  of  the  vacancy. 

49-A:16  Compensation.  The  mayor  shall  devote  his  full  time  to  his 
duties  and  shall  receive  such  salary  as  may  be  designed  by  the  charter, 
or  by  ordinance  if  the  charter  so  authorizes.  The  aldermen  shall  be  com- 
pensated per  meeting  based  upon  attendance,  not  to  exceed  in  aggregate 
a  sum  fixed  by  the  charter,  or  by  ordinance  if  the  charter  so  authorizes. 

49-A:17  Meetings.  The  mayor  shall  preside  over  all  meetings  of  the 
board  of  aldermen  and  the  city  clerk  shall  act  as  a  clerk  of  the  board.  All 
meetings  of  the  board  of  aldermen  shall  be  public.  Regular  meetings 
shall  be  held  at  such  hours  on  such  days  of  the  week,  at  such  intervals,  as 
the  charter  may  designate  and  special  meetings  upon  notice  mailed  to 
the  mayor  and  to  each  alderman  by  the  city  clerk  at  the  written  request 
of  the  mayor  or  of  a  majority  of  the  aldermen.  The  board  of  aldermen 
shall  establish  its  own  rules,  and  a  majority  shall  constitute  a  quorum 
for  the  transaction  of  the  business  of  the  board.  The  mayor  shall  have 
the  rig^ht  to  introduce  bills  and  initiate  other  measures  in  the  board  of 
aldermen,  and  to  speak  therein  upon  pending  measures  without  resign- 
ing the  chair;  but  he  shall  not  be  counted  to  make  a  quorum  of  such 
board,  nor  vote  therein  except  in  case  of  equal  division.  The  mayor-elect 
and  the  newly  elected  members  of  the  board  of  aldermen  shall  assume 
office  at  the  first  regular  January  meeting  in  each  even  numbered  year. 

49-A:18  Removal  of  Mayor,  Aldermen.  The  board  of  aldermen  may, 
on  specific  charges  and  after  due  notice  and  hearing,  at  any  time  remove 
from  office  the  mayor  or  one  of  its  own  members  for  prolonged  absence 
from  or  other  inattention  to  duty,  mental  or  physical  incapacity,  incom- 
petency, crime,  immorality,  or  misconduct  in  office  upon  affirmative  vote 
on  roll  call  of  at  least  two-thirds  of  the  aldermen.  A  vacancy  occasioned 
by  removal  under  this  section  shall  be  filled  in  the  manner  provided  in 
section  15  of  this  chapter. 


1963]  Chapter  275  525 

49-A:19  Ordinances.  Municipal  legislation  shall  be  by  ordinance. 
Each  ordinance  shall  be  identified  by  a  number  and  a  short  title.  The 

enacting  clause  of  each  ordinance  shall  be  "The  City  of  

ordains,"  and  the  effective  date  of  each  ordinance  shall  be  specified  in  it. 
All  ordinances  shall  be  recorded  at  length  uniformly  and  permanently 
by  the  city  clerk,  and  each  ordinance  so  recorded  shall  be  authenticated 
by  the  signature  of  the  mayor  and  the  city  clerk.  Ordinances  shall  be 
published,  compiled  and  revised  in  such  manner  and  at  such  times  as 
the  board  of  aldermen  shall  determine. 

49-A:20  General  Powers.  Except  as  herein  otherwise  provided,  the 
board  of  aldermen  hereby  established  shall  have  all  the  powers  and  dis- 
charge all  the  duties  conferred  or  imposed  upon  city  councils  in  conven- 
tion, city  councils  voting  concurrently,  or  boards  of  mayor  and  aldermen 
acting  separately,  by  chapters  44  to  48  inclusive,  of  the  RSA  or  other 
general  law  now  in  force  or  hereinafter  enacted,  or  upon  the  existing 
city  councils  or  board  of  mayor  and  aldermen  of  the  city  of  by 

special  laws  not  hereby  repealed.  The  board  of  aldermen  shall  have  the 
powers  of  selectmen  of  towns  so  far  as  consistent  with  this  charter.  All 
provisions  of  such  laws  pertaining  to  the  powers  or  duties  of  any  or  all 
such  bodies  shall  be  construed  to  apply  to  the  board  of  aldermen  hereby 
established  unless  a  contrary  intent  or  provision  herein  appears,  it  being 
the  purpose  of  this  act  to  confer  upon  said  board  all  functions  of  either 
or  both  branches  of  the  existing  board  of  aldermen,  whether  legislative, 
executive  or  judicial. 

Administrative  Service 

49-A:21  General  Powers  and  Duties  of  Mayor.  The  mayor  shall  be 
the  chief  administrative  officer  and  the  head  of  the  administrative  branch 
of  the  city  government.  He  shall  supervise  the  administrative  affairs  of 
the  city  and  shall  carry  out  the  policies  enacted  by  the  board  of  aldermen. 
He  shall  enforce  the  ordinances  of  the  city,  this  charter,  and  all  general 
laws  applicable  to  the  city.  He  shall  keep  the  board  of  aldermen  informed 
of  the  condition  and  needs  of  the  city  and  shall  make  such  reports  and 
recommendations  as  he  may  deem  advisable,  and  perform  such  other 
duties  as  may  be  prescribed  by  this  charter  or  required  of  him  by  ordi- 
nance or  resolution  of  the  board  of  aldermen,  not  inconsistent  with  this 
charter.  He  shall  have  and  perform  such  other  powers  and  duties  not 
inconsistent  with  the  provisions  of  this  charter  as  now  are  or  hereafter 
may  be  conferred  or  imposed  upon  him  by  municipal  ordinance  or  upon 
mayors  of  cities  by  general  la^v. 

49-A:22  Appointive  Power  of  Mayor.  The  mayor  shall  have  the 
power  to  appoint  and  remove  all  officers  and  employees  in  the  adminis- 
trative services  of  the  city,  subject  to  the  provisions  of  this  charter,  and 
he  may  authorize  and  empower  the  head  of  a  department  or  officer  re- 


526  Chapter  275  [1963 

sponsible  to  him  to  appoint  and  remove  subordinates  in  such  department 
or  office.  All  such  appointments  shall  be  without  definite  term  unless 
made  for  a  provisional,  temporary  or  emergency  service  not  to  exceed 
the  maximum  limits  which  may  be  prescribed  by  the  merit  plan. 

49-A:23  Non-interference  by  the  Board  of  Aldermen.  It  is  the  in- 
tention of  this  charter  that  the  board  of  aldermen  shall  act  in  all  matters 
as  a  body,  and  it  is  contrary  to  the  spirit  of  this  charter  for  any  of  its 
members  to  seek  individually  to  influence  the  official  acts  of  the  mayor, 
or  any  other  officer,  or  to  direct  or  request,  except  in  writing,  the  appoint- 
ment of  any  person  to,  or  his  removal  from,  office;  or  to  interfere  in  any 
way  with  the  performance  by  such  officers  of  their  duties.  The  board  of 
aldermen  and  its  members  shall  deal  with  the  administrative  service 
solely  through  the  mayor  and  shall  not  give  orders  to  any  subordinate  of 
the  mayor  either  publicly  or  privately,  but  they  may  make  suggestions 
and  recommendations.  Nothing  herein  contained  shall  prevent  the  board 
of  aldermen  from  appointing  committees  of  its  own  members  or  of  citi- 
zens to  conduct  investigations  into  the  conduct  of  any  officer  or  depart- 
ment, or  any  matter  relating  to  the  welfare  of  the  municipality,  and 
delegating  to  such  committees  such  powers  of  inquiry  as  the  board  of 
aldermen  may  deem  necessary.  Any  alderman  violating  the  provisions 
of  this  section  shall  upon  conviction  thereof  in  a  court  of  competent  juris- 
diction forfeit  his  office. 

49-A:24  Appointive  Officers.  The  mayor  shall  appoint  a  city  clerk, 
a  treasurer,  three  assessors,  a  fire  chief,  a  police  chief,  a  health  officer,  a 
city  solicitor,  an  overseer  of  the  poor  or  commissioner  of  charities,  and 
such  other  officers  as  may  be  necessary  to  administer  all  departments 
which  the  board  of  aldermen  shall  establish.  Each  assessor  shall  prior 
to  his  appointment  have  demonstrated  knowledge  of  property  appraisal 
or  assessment  and  of  the  laws  governing  the  assessment  and  collection  of 
property  taxes.  It  shall  be  the  duty  of  the  board  of  assessors  to  assess  all 
taxable  property  in  the  city  in  accordance  with  general  law  and  such 
administrative  regulations  as  may  be  promulgated  pursuant  thereto,  to 
maintain  a  standard  system  of  assessment  records,  and  to  perform  such 
other  duties  as  the  board  of  aldermen  may  prescribe  by  ordinance.  The 
powers  and  duties  of  other  officers  and  heads  of  departments  appointed 
by  the  mayor  shall  be  those  prescribed  by  state  law,  by  this  charter  or  by 
ordinance. 

49-A:25  Department;  Administrative  Code.  The  city  shall  have  a 
department  of  administration  headed  by  the  mayor,  and  such  other  de- 
partments, divisions,  and  bureaus  as  the  board  of  aldermen  may  establish 
by  ordinance.  It  shall  be  the  duty  of  the  first  mayor  elected  under  the 
provisions  of  this  charter  to  draft  and  submit  to  the  board  of  aldermen 
within  six  months  after  assuming  office,  an  ordinance  providing  for  the 
division  of  the  administrative  service  of  the  city  into  departments,  divi- 
sions and  bureaus,  and  defining  the  functions  and  duties  of  each.  Subse- 


1963]  Chapter  275  527 

quent  to  the  adoption  of  such  ordinance,  upon  recommendation  of  the 
mayor,  the  board  of  aldermen  by  ordinance  may  create,  consolidate  or 
abolish  departments,  divisions  and  bureaus  and  defining  the  functions 
and  duties  of  each.  Subsequent  to  the  adoption  of  such  ordinance,  upon 
recommendation  of  the  mayor,  the  board  of  aldermen  by  ordinance  may 
create,  consolidate  or  abolish  departments,  divisions  and  bureaus  of  the 
city  and  define  or  alter  their  functions  and  duties.  The  compilation  of 
such  ordinances  shall  be  known  as  the  "Administrative  Code."  Each 
officer  shall  have  supervision  and  control  of  his  department  and  of  the 
employees  therein  and  shall  have  power  to  prescribe  rules  and  regula- 
tions, not  inconsistent  with  general  law,  this  charter,  the  administrative 
code,  and  the  provisions  of  the  merit  plan.  Prior  to  adoption  of  the  ad- 
ministrative code  the  mayor  shall  have  the  power  to  establish  temporary 
rules  and  regulations  to  insure  economy  and  efficiency  in  the  several 
divisions  of  the  city  government. 

49-A:26  Purchasing  Procedure.  The  administrative  code  shall  estab- 
lish a  centralized  purchasing  and  contract  system,  including  the  combina- 
tion of  purchasing  of  similar  articles  for  different  departments,  and 
purchasing  by  competitive  bids  whenever  practical.  The  mayor  shall  be 
charged  with  the  administration  of  the  system  so  established. 

Finance 

49-A:27  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city  shall 
begin  on  the  first  day  of  January  unless  another  date  shall  be  fixed  by 
ordinance. 

49-A:28  Fiscal  Control.  In  cities  of  not  more  than  15,000  inhab- 
itants, the  administrative  code  shall  provide  for  the  exercise  of  a  control 
function,  in  the  management  of  the  finances  of  the  city,  by  the  city  clerk. 
In  cities  of  15,000  inhabitants  or  more,  the  control  function  may  be  exer- 
cised if  the  charter  so  provides  by  a  director  known  as  a  "business  admin- 
istrator" who  shall  be  chosen  solely  on  the  basis  of  his  executive  and 
administrative  qualifications,  his  actual  experience  in  or  knowledge  of 
accepted  practice  in  respect  to  the  duties  of  municipal  fiscal  management. 
Such  business  administrator  need  not  be  a  resident  of  the  city  or  state 
at  the  time  of  his  appointment  but  during  tenure  of  office,  he  may  reside 
outside  the  state  only  with  the  approval  of  the  board  of  aldermen.  The 
control  function  shall  include  provisions  for  an  encumbrance  system  of 
budget  operation,  for  expenditure  only  upon  written  requisition,  for  the 
pre-audit  of  all  claims  and  demands  against  the  city  prior  to  payment, 
and  for  the  control  of  all  payments  out  of  any  public  funds  by  individual 
warrants  for  each  payment  to  the  official  having  custody  thereof. 

49-A:29  Budget  Procedure.  The  municipal  budget  shall  be  pre- 
pared by  the  mayor  with  the  assistance  of  the  officer  exercising  the  control 
function  provided  for  in  section  28.  At  such  time  as  may  be  requested  by 


528  Chapter  275  [1963 

the  mayor  or  specified  by  the  administrative  code,  each  officer  or  director 
of  a  department  shall  submit  an  itemized  estimate  of  the  expenditures 
for  the  next  fiscal  year  for  the  department  or  activities  under  his  control. 
The  mayor  shall  submit  the  proposed  budget  to  the  board  of  aldermen 
at  least  one  month  before  the  start  of  the  fiscal  year  of  the  budget. 

49-A:30  Budget  Hearing.  A  public  hearing  on  the  budget  shall  be 
held  before  its  adoption  by  the  board  of  aldermen,  at  such  time  and  place 
as  the  board  of  aldermen  shall  direct,  and  notice  of  such  public  hearing 
together  with  a  copy  of  the  budget  as  submitted  shall  be  published  at 
least  one  week  in  advance  of  the  hearing  by  the  city  clerk. 

49-A:31  Adoption  of  Budget.  The  board  of  aldermen  may  reduce 
any  item  or  items  in  the  mayor's  budget  by  a  vote  of  a  majority  of  the 
board,  but  an  increase  in  or  addition  of  any  item  or  items  therein  shall 
become  effective  only  upon  an  affirmative  vote  of  two-thirds  of  the  mem- 
bers of  the  board  of  aldermen.  The  budget  shall  be  finally  adopted  not 
later  than  the  first  day  of  the  second  month  of  the  fiscal  year. 

49-A:32  Transfer  of  Appropriations.  After  the  budget  has  been 
adopted,  no  money  shall  be  drawn  from  the  treasury  of  the  city,  nor  shall 
any  obligation  for  the  expenditure  of  money  be  incurred,  except  pur- 
suant to  a  budget  appropriation  unless  there  shall  be  a  specific  appropria- 
tion therefor  specifying  the  source  from  which  the  funds  shall  come. 
Except  as  otherwise  provided  in  this  charter,  the  board  of  aldermen  may 
transfer  any  unencumbered  appropriation  balance  or  any  portion  thereof 
from  one  department,  fund,  or  agency,  to  another. 

49-A:33  Depository.  The  board  of  aldermen  shall  designate  the  de- 
pository or  depositories  for  city  funds,  and  shall  provide  for  the  daily 
deposit  of  all  city  moneys.  The  board  of  aldermen  may  provide  for  such 
security  for  city  deposits  as  it  may  deem  necessary,  except  that  personal 
surety  bonds  shall  not  be  deemed  proper  security. 

49-A:34  Independent  Audit.  An  independent  audit  shall  be  made 
of  all  accounts  of  the  city  government  at  least  annually  and  more  fre- 
quently if  deemed  necessary  by  the  board  of  aldermen.  Such  audit  shall 
be  made  by  certified  public  accountants  experienced  in  municipal  ac- 
counting. An  abstract  of  the  results  shall  be  made  public.  At  least  once 
every  five  years  the  board  of  aldermen  shall  request  that  such  audit  be 
made  by  the  New  Hampshire  state  tax  commission  or  by  auditors  selected 
by  said  commission  if  then  authorized  by  law  to  make  such  audit.  An 
annual  report  of  the  city's  business  shall  be  made  available. 

49-A:35  Official  Bonds.  Any  city  officer  elected  or  appointed  by 
authority  of  this  charter  may  be  required  by  the  board  of  aldermen  to 
give  a  bond  to  be  approved  by  the  city  solicitor  for  the  faithful  perform- 
ance of  the  duties  of  his  office,  but  all  officers  receiving  or  disbursing  city 
funds  shall  be  so  bonded.  All  official  bonds  shall  be  corporate  surety 


1963]  Chapter  275  529 

bonds,  and  the  premiums  thereon  shall  be  paid  by  the  city.  Such  bonds 
shall  be  filed  with  the  city  clerk. 

49-A:36  Borrowing  Procedure.  Subject  to  the  applicable  provisions 
of  state  law  and  the  rules  and  regulations  provided  by  ordinance  in  the 
administrative  code,  the  board  of  aldermen,  by  resolution  may  authorize 
the  borrowing  of  money  for  any  purpose  within  the  scope  of  the  powers 
vested  in  the  city  and  the  issuance  of  bonds  of  the  city  or  other  evidence 
of  indebtedness  therefor,  and  may  pledge  the  full  faith,  credit,  and  re- 
sources of  the  city  for  the  payment  of  the  obligation  created  thereby. 
Borrowing  for  a  term  exceeding  one  year  shall  be  authorized  by  the  board 
only  after  a  duly  advertised  public  hearing. 

Personnel  Administration 

49-A:37  Merit  Plan.  Appointments  and  promotions  to  all  positions 
in  the  service  of  the  city  shall  be  made  solely  on  the  basis  of  merit  and 
only  after  examination  of  the  applicant's  fitness.  The  first  mayor  elected 
under  the  provisions  of  this  charter  shall  draft  and  submit  to  the  board 
of  aldermen  within  six  months  after  assuming  office  an  ordinance  pro- 
viding for  the  establishment  of  a  merit  system  for  personnel  administra- 
tion. Stich  ordinance  shall  include  provisions  with  regard  to  classification, 
compensation,  selection,  training,  promotion,  discipline,  vacations,  re- 
tirement and  any  other  matters  necessary  to  the  maintenance  of  efficient 
service  and  the  improvement  of  working  conditions.  Officials  elected  by 
the  people  shall  be  exempt  from  the  provisions  of  such  ordinance.  With 
reasonable  dispatch  thereafter  the  board  of  aldermen  shall  enact,  amend 
or  revise  the  ordinance  so  submitted,  but  in  any  event  the  board  of  alder- 
men shall  enact  a  merit  plan  which  embodies  the  provisions  herein  re- 
quired. It  shall  be  the  dtity  of  the  mayor  to  administer  the  merit  plan  so 
enacted.  He  may  submit  revisions  of  the  merit  plan  to  the  board  of 
aldermen  from  time  to  time  as  changes  in  conditions  and  circumstances 
in  the  city  service  justify. 

49-A:38  Personnel  Advisory  Board.  There  is  hereby  established  a 
personnel  advisory  board  of  three  citizens  holding  no  other  public  office 
and  appointed  by  the  mayor,  subject  to  the  approval  of  a  majority  of 
the  board  of  aldermen.  The  term  of  each  member  shall  be  for  three  years 
and  until  his  successor  is  appointed  and  qualified.  However,  in  the  case 
of  first  appointments,  one  member  shall  be  appointed  for  one  year,  one 
for  two  years,  and  one  for  three  years.  Vacancies  shall  be  filled  for  the 
remainder  of  any  term  in  the  same  manner  as  the  original  appointment. 
It  shall  be  the  duty  of  the  personnel  advisory  board  to  study  the  broad 
problems  of  personnel  policy  and  administration,  to  advise  the  board  of 
aldermen  concerning  the  personnel  policies  of  the  city  and  the  mayor 
regarding  the  administration  of  the  merit  plan,  and  to  hear  appeals  from 
any  employee  aggrieved  as  to  the  status  or  condition  of  his  employment. 


530  Chapter  275  [1963 

The  board  shall  issue  written  reports  containing  findings  of  fact  and 
recommendations  to  the  mayor  upon  such  appeals.  But  the  board  shall 
have  no  power  to  reinstate  an  employee  unless  it  finds  after  investigation, 
that  disciplinary  action  was  taken  against  the  employee  for  religious, 
racial  or  political  reasons. 

49-A:39  Retirements.  The  merit  plan  may  contain  provisions  for  a 
system  for  the  retirement  of  any  city  employee  who  shall  have  attained 
an  age  or  condition  of  health  which  warrants  retirement  from  further 
service.  Any  such  plan  shall  provide  payments  to  retired  employees  only 
as  additional  compensation  for  services  rendered  after  the  inauguration 
of  such  a  plan  and  before  a  retirement. 

Special  Assessments 

49-A:40  Board  of  Aldermen  Resolution.  The  board  of  aldermen 
shall  have  power  to  determine  that  the  whole  or  any  part  of  the  expense 
of  any  public  improvement  shall  be  defrayed  by  special  assessments  upon 
the  property  especially  benefited  and  shall  so  declare  by  resolution.  Such 
resolution  shall  state  the  estimated  cost  of  the  improvement,  what  pro- 
portion of  the  cost  thereof  shall  be  paid  by  special  assessments,  and  what 
part,  if  any,  shall  be  a  general  obligation  of  the  city,  the  number  of  in- 
stallments in  which  assessments  may  be  paid,  and  shall  designate  the  dis- 
tricts or  land  and  premises  upon  which  special  assessments  shall  be  levied. 

49-A:41  Procedure  Fixed  by  Ordinance.  The  board  of  aldermen 
shall  prescribe  by  general  ordinance  complete  special  assessment  pro- 
cedure concerning  plans  and  specifications,  estimate  of  costs,  notice  and 
hearing,  the  making  of  the  assessment  roll  and  correction  of  errors,  the 
collection  of  special  assessments,  and  any  other  matters  concerning  the 
making  of  improvements  by  the  special  assessment  method. 

Council-Manager  Plan 

49-A:42  The  Governing  Body.  The  governing  body  under  the 
Council-Manager  Plan  shall  be  an  elected  council  who  shall  at  its  first 
meeting  choose  one  of  its  own  members  as  mayor  and  another  as  mayor 
pro-tem  to  serve  in  the  mayor's  absence.  Election  may  be  by  non-partisan 
ballot  or  by  party  voting  governed  by  the  general  election  laws  of  the 
state,  as  the  charter  shall  provide.  All  elected  officials  shall  serve  for  a 
term  of  two  years  commencing  on  the  first  day  of  January  next  succeed- 
ing the  date  of  their  election  unless  the  charter  shall  provide  for  a  longer 
term.  There  shall  be  one  councilman  elected  from  each  ward  and  a  char- 
ter may  provide  for  additional  councilmen  elected  from  the  city  at  large, 
not  exceeding  in  total  number  the  councilmen  elected  from  the  respec- 
tive wards. 

49-A:43  Qualifications  for  Office.  No  person  shall  be  candidate  for 
office  of  councilman-at-large  who  is  not  a  duly  qualified  voter  of  the  city. 


1963]  Chapter  275  531 

No  person  shall  be  a  candidate  for  the  office  of  ward  councilman  who  is 
not  a  duly  qualified  voter  in  the  ward  in  which  he  seeks  election. 

49-A:44  Vacancies.  Vacancies  occurring  in  the  office  of  councilman 
from  any  cause  shall  be  filled  for  the  unexpired  term  with  the  election 
of  some  qualified  person  by  the  recorded  votes  of  at  least  a  majority  of 
all  members  of  the  council  at  the  next  regular  meeting  or  at  a  special 
meeting  called  for  the  express  purpose  of  filling  the  vacancy  within  thirty 
days  following  the  creation  of  the  vacancy. 

49-A:45  Compensation.  The  council  shall  be  compensated  per  meet- 
ing based  upon  attendance,  not  to  exceed  in  aggregate  a  sum  fixed  by 
the  charter,  or  by  ordinance  if  the  charter  so  authorizes. 

49-A:46  Meetings.  The  mayor  shall  preside  over  all  meetings  of  the 
council  and  the  city  clerk  shall  act  as  a  clerk  of  the  council.  All  meetings 
of  the  council  shall  be  public.  Regular  meetings  shall  be  held  at  such 
hours  on  such  days  of  the  week,  at  such  intervals,  as  the  charter  may  desig- 
nate and  special  meetings  upon  notice  delivered  to  each  councilman  by 
the  city  clerk  at  the  written  request  of  the  manager  or  of  a  majority  of 
the  council.  The  council  shall  establish  its  own  rules,  and  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business.  The  newly 
elected  councilmen  shall  assume  office  at  the  first  regular  January  meet- 
ing in  each  even  numbered  year. 

49-A:47  Ordinances.  Municipal  legislation  shall  be  by  ordinance. 
Each  ordinance  shall  be  identified  by  a  number  and  a  short  title.  The 

enacting  clause  of  each  ordinance  shall  be  "The  City  of  

ordains,"  and  the  effective  date  of  each  ordinance  shall  be  specified  in  it. 
All  ordinances  shall  be  recorded  at  length  uniformly  and  permanently 
by  the  city  clerk,  and  each  ordinance  so  recorded  shall  be  authenticated 
by  the  signature  of  the  mayor  and  the  city  clerk.  Ordinances  shall  be 
published,  compiled  and  revised  in  such  manner  and  at  such  times  as  the 
council  shall  determine. 

49-A:48  General  Powers.  Except  as  herein  otherwise  provided,  the 
council  hereby  established  shall  have  all  the  powers  and  discharge  all 
the  duties  conferred  or  imposed  upon  city  councils  in  convention,  city 
councils  voting  concurrently,  or  boards  of  mayor  and  aldermen  acting 
separately,  by  chapters  44  to  48  inclusive,  of  the  RSA  or  other  general 
law  now  in  force  or  hereinafter  enacted,  or  upon  the  existing  city  coun- 
cils or  board  of  mayor  and  aldermen  of  the  city  of by  special 

laws  not  hereby  repealed.  The  council  shall  have  the  powers  of  selectmen 
of  towns  so  far  as  consistent  with  this  charter.  All  provisions  of  such  laws 
pertaining  to  the  powers  or  duties  of  any  or  all  such  bodies  shall  be  con- 
strued to  apply  to  the  council  hereby  established  unless  a  contrary  intent 
or  provisions  herein  appears,  it  being  the  purpose  of  this  act  to  confer 
upon  said  council  all  functions  of  either  or  both  branches  of  the  existing 
city  councils,  whether  legislative,  executive  or  judicial. 


532  Chapter  275  [1963 

49-A:49  General  Powers  and  Duties  of  Mayor.  The  mayor  shall  be 
the  official  head  of  the  city  for  all  ceremonial  purposes.  He  shall  preside 
at  all  meetings  of  the  council  and  may  speak  and  vote  at  such  meetings. 
All  other  duties  of  mayors  prescribed  by  law  shall  be  exercised  by  the 
manager  provided  for  in  this  charter. 

Administrative  Service 

49-A:50  Manager.  The  chief  administrative  officer  of  the  city  shall 
be  called  the  manager.  The  council  shall  appoint  as  manager  for  an  in- 
definite term,  and  fix  the  salary  of,  a  qualified  person  who  receives  the 
votes  of  at  least  a  majority  of  the  council.  The  first  council  elected  under 
this  charter  shall  appoint  a  manager  within  three  months  after  the  effec- 
tive date  of  this  charter. 

49-A:51  Qualifications.  The  manager  shall  be  chosen  solely  on  the 
basis  of  his  executive  and  administrative  qualifications,  but  he  need  not 
be  a  resident  of  the  city  or  the  state  at  the  time  of  his  appointment. 

49-A:52  Removal.  The  manager  may  be  removed  by  a  majority 
vote  of  the  members  of  the  council  as  herein  provided.  At  least  thirty  days 
before  the  proposed  removal  of  the  manager,  the  council  shall  adopt  a 
resolution  stating  its  intention  to  remove  him  and  the  reasons  therefor, 
a  copy  of  which  shall  be  served  forthwith  on  the  manager  who  may,  with- 
in ten  days,  demand  a  public  hearing  in  which  event  the  manager  shall 
not  be  removed  until  such  public  hearing  has  been  held.  Upon  or  after 
passage  of  such  a  resolution  the  council  may  suspend  him  from  duty,  but 
his  pay  shall  continue  until  his  removal.  In  case  of  such  a  suspension  the 
council  may  appoint  an  acting  manager  to  serve  at  the  pleasure  of  the 
council  for  not  more  than  ninety  days.  The  action  of  the  council  in  re- 
moving the  manager  shall  be  final. 

49-A:53  General  Powers  and  Duties  of  Manager.  The  manager  shall 
supervise  the  administrative  affairs  of  the  city  and  shall  carry  out  the 
policies  enacted  by  the  council.  He  shall  be  charged  with  the  preservation 
of  the  public  peace  and  health  and  the  safety  of  persons  and  property, 
and  shall  see  to  the  enforcement  of  the  ordinances  of  the  city,  this  char- 
ter, and  the  laws  of  the  state.  He  shall  keep  the  council  informed  of  the 
condition  and  needs  of  the  city  and  shall  make  such  reports  and  recom- 
mendations as  he  may  deem  advisable,  and  perform  such  other  duties 
as  mav  be  prescribed  by  this  charter,  or  required  of  him  by  ordinance  or 
resolution  of  the  council,  not  inconsistent  with  this  charter.  He  shall 
have  and  perform  such  other  powers  and  duties  not  inconsistent  with  the 
provisions  of  this  charter  as  now  are  or  hereafter  may  be  conferred  or 
imposed  upon  him  by  municipal  ordinance  or  upon  mayors  of  cities  by 
general  law.  He  shall  have  the  right  to  take  part  in  the  discussion  of  all 
matters  coming  before  the  council,  but  not  the  right  to  vote. 


1963]  '  Chapter  275  533 

49-A:54  Api^intive  Power  of  Manager.  The  manager  shall  have 
the  power  to  appoint  and  remove,  subject  to  the  provisions  of  this  char- 
ter, all  officers  and  employees  in  the  administrative  service  of  the  city; 
but  the  manager  may  authorize  the  head  of  a  department  or  office  re- 
sponsible to  him  to  appoint  and  remove  subordinates  in  such  department 
or  office.  All  such  appointments  shall  be  without  definite  term  unless  for 
provisional,  temporary,  or  emergency  service  not  to  exceed  the  maximum 
periods  which  may  be  prescribed  by  the  rules  and  regulations  of  the 
merit  plan. 

49-A:55  Non-interference  by  the  Council.  Neither  the  council  nor 
any  of  its  members  shall  direct  or  request,  except  in  writing,  the  appoint- 
ment of  any  person  to  office  or  employment,  or  his  removal  therefrom, 
by  the  manager  or  any  of  the  administrative  officers.  Neither  the  council 
nor  any  member  thereof  shall  give  orders  to  any  of  the  administrative 
officers  either  publicly  or  privately,  but  they  may  make  suggestions  and 
recommendations.  Any  violation  of  the  provisions  of  this  section  by  a 
councilman  shall  be  a  misdemeanor,  a  conviction  of  which  shall  constitute 
immediate  forfeiture  of  his  office. 

49-A:56  Appointive  Officers.  There  shall  be  appointed  by  the  man- 
ager, three  assessors,  a  city  clerk,  treasurer,  police  chief,  fire  chief,  city 
solicitor,  an  overseer  of  the  poor,  and  such  other  officers  as  are  necessary 
to  administer  all  departments  which  the  council  shall  establish,  which 
departments  shall  replace  all  existing  departments,  boards  and  com- 
missions. The  powers  and  duties  of  these  officers  and  heads  of  departments 
so  appointed  shall  be  those  prescribed  by  state  law,  by  this  charter  or  by 
ordinance. 

49-A:57  Administrative  Departments.  The  first  manager  under  this 
charter  shall  draft  and  submit  to  the  council  within  nine  months  after 
assuming  office  an  ordinance  dividing  the  administrative  service  of  the 
city  into  departments,  divisions,  and  bureaus  and  defining  the  functions 
and  duties  of  each.  After  the  adoption  of  that  ordinance,  upon  recom- 
mendation of  the  manager,  the  council  by  ordinance  may  create,  con- 
solidate, or  abolish  departments,  divisions,  and  bureaus  of  the  city  and 
define  or  alter  their  functions  and  duties.  Such  ordinances  shall  be  known 
as  the  "administrative  code."  Each  officer  shall  have  supervision  and  con- 
trol of  his  department  and  the  employees  therein  and  shall  have  power 
to  prescribe  rules  and  regulations,  not  inconsistent  with  general  law,  this 
charter,  the  administrative  code,  and  the  rules  and  regulations  of  the 
merit  plan.  Pending  passage  of  such  code  the  manager  may  establish 
temporary  regulations. 

49-A:58  Purchasing  Procedure.  The  administrative  code  shall  estab- 
lish purchasing  and  contract  procedure  including  the  assignment  of  all 
responsibility  for  purchases  to  a  single  person,  the  combination  of  pur- 
chasing of  similar  articles  by  different  departments,  and  purchasing  by 
competitive  bids  wherever  practical. 


534  Chapter  275  '  [1963 

Finance 

49-A:59  Fiscal  Year.  The  fiscal  and  budget  year  of  the  city  shall 
begin  on  the  first  day  of  January  unless  another  date  shall  be  fixed  by 
ordinance. 

49-A:60  Financial  Control.  The  manager  shall  appoint  an  officer 
other  than  the  treasurer  who  shall  maintain  accounting  control  over  the 
finances  of  the  city,  make  financial  reports,  and  perform  such  other  duties 
as  may  be  required  by  the  administrative  code.  He  shall  audit  and  ap- 
prove all  authorized  claims  against  the  city  before  paying  the  same. 

49-A:61  Budget  Procedure.  At  such  time  as  may  be  requested  by 
the  manager  or  specified  by  the  administrative  code,  each  officer  or  di- 
rector of  a  department  shall  submit  an  itemized  estimate  of  the  expendi- 
tures for  the  next  fiscal  year  for  the  departments  or  activities  under  his 
control.  The  manager  shall  submit  the  proposed  budget  to  the  council 
at  least  one  month  before  the  start  of  the  fiscal  year  of  the  budget. 

49-A:62  Budget  Hearing.  A  public  hearing  on  the  budget  shall  be 
held  before  its  final  adoption  by  the  council,  at  such  time  and  place  as 
the  council  shall  direct,  and  notice  of  such  public  hearing  together  with 
a  summary  of  the  budget  as  submitted  shall  be  published  at  least  one 
week  in  advance  by  the  city  clerk. 

49-A:63  Date  of  Final  Adoption.  The  budget  shall  be  finally  adopted 
not  later  than  the  twenty-seventh  day  of  the  first  month  of  the  fiscal  year. 
Should  the  council  take  no  final  action  on  or  prior  to  such  day,  the  budget, 
as  submitted,  shall  be  deemed  to  have  been  finally  adopted  by  the  coun- 
cil. This  section  shall  not  apply  to  the  first  fiscal  year  after  this  charter 
takes  effect. 

49-A:64  Appropriations  After  Budget  is  Adopted.  No  appropria- 
tion shall  be  made  for  any  purpose  not  included  in  the  annual  budget  as 
adopted  unless  voted  by  a  two-thirds  majority  of  the  council  after  a  public 
hearing  held  to  discuss  said  appropriation.  The  council  shall  by  resolu- 
tion designate  the  source  of  any  money  so  appropriated. 

49-A:65  Budget  Control.  At  the  beginning  of  each  quarterly  period 
during  the  fiscal  year  and  more  often  if  required  by  the  council,  the  man- 
ager shall  submit  to  the  council  data  showing  the  relation  between  the 
estimated  and  actual  income  and  expense  to  date;  and  if  it  shall  appear 
that  the  income  is  less  than  anticipated,  the  council  or  manager  may  re- 
duce the  appropriation  for  any  item  or  items,  except  amounts  required 
for  debt  and  interest  charges,  to  such  a  degree  as  may  be  necessary  to  keep 
expenditures  within  the  cash  income.  The  manager  may  provide  for 
monthly  or  quarterly  allotments  of  appropriations  to  departments,  funds, 
or  agencies  under  such  rules  as  he  shall  prescribe. 

49-A:66  Transfer  of  Appropriations.  After  the  budget  has  been 
adopted,  no  money  shall  be  drawn  from  the  treasury  of  the  city,  nor  shall 


1963]  Chapter  275  535 

any  obligation  for  the  expenditure  of  money  be  incurred,  except  pur- 
suant to  a  budget  appropriation  unless  there  shall  be  a  specific  additional 
appropriation  therefor.  The  head  of  any  department,  with  the  approval 
of  the  manager,  may  transfer  any  unencumbered  balance  or  any  portion 
thereof  from  one  fund  or  agency  within  his  department  to  another  fund 
or  agency  within  his  department;  the  manager,  with  the  approval  of  the 
council,  may  transfer  any  unencumbered  appropriation  balance  or  any 
portion  thereof  from  one  department  to  another. 

49-A:67  Depository.  The  council  shall  designate  the  depository  or 
depositories  for  city  funds,  and  shall  provide  for  the  daily  deposit  of  all 
city  moneys.  The  council  may  provide  for  such  security  for  city  deposits 
as  it  may  deem  necessary,  except  that  personal  surety  bonds  shall  not  be 
deemed  proper  security. 

49-A:68  Independent  Audit.  An  independent  audit  shall  be  made 
of  all  accounts  of  the  city  government  at  least  annually  and  more  fre- 
quently if  deemed  necessary  by  the  council.  Such  audit  shall  be  made  by 
certified  public  accountants  experienced  in  municipal  accounting.  An  ab- 
stract of  the  results  of  such  audit  shall  be  made  public.  At  least  once 
every  five  years  the  council  shall  request  that  such  audit  be  made  by  the 
New  Hampshire  state  tax  commission  or  by  auditors  selected  by  said 
commission  if  then  authorized  by  law  to  make  such  audit.  An  annual 
report  of  the  city's  business  shall  be  made  available. 

49-A:69  Official  Bonds.  Any  city  officer  elected  or  appointed  by  au- 
thority of  this  charter  may  be  required  by  the  manager  to  give  a  bond  to 
be  approved  by  the  city  solicitor  for  the  faithful  performance  of  the 
duties  of  his  office,  but  all  officers  receiving  or  disbursing  city  funds  shall 
be  so  bonded.  All  official  bonds  shall  be  corporate  surety  bonds,  and  the 
premiums  thereon  shall  be  paid  by  the  city.  Such  bonds  shall  be  filed 
with  the  city  clerk. 

49-A:70  Borrowing  Procedure.  Subject  to  the  applicable  provisions 
of  state  law  and  the  rules  and  regulations  provided  by  ordinance  in  the 
administrative  code,  the  council,  by  resolution,  may  authorize  the  borrow- 
ing of  money  for  any  purpose  within  the  scope  of  the  powers  vested  in 
the  city  and  the  issuance  of  bonds  of  the  city  or  other  evidence  of  indebt- 
edness therefor,  and  may  pledge  the  full  faith,  credit,  and  resources  of 
the  city  for  the  payment  of  the  obligation  created  thereby.  Borrowing  for 
a  term  exceeding  one  year  shall  be  authorized  by  the  council  only  after 
a  duly  advertised  public  hearing. 

Merit  Plan 

49-A:71  Appointments.  Appointments  and  promotions  to  all  posi- 
tions in  the  service  of  the  city  shall  be  made  solely  on  the  basis  of  merit 
and  only  after  examination  of  the  applicants'  fitness.  So  far  as  practicable 
examinations  shall  be  competitive. 


536  Chapter  275  [1963 

49-A:72  Rules  and  Regulations.  The  first  manager  under  this  char- 
ter shall  draft  and  submit  to  the  council  within  three  months  after  assum- 
ing office  a  set  of  rules  and  regulations,  which  shall  become  effective  one 
month  after  its  submission  unless  vetoed  by  the  council  within  that  period, 
providing  for  the  establishment  of  a  merit  system  of  personnel  adminis- 
tration and  for  the  implementation  of  such  portions  of  that  system  as  are 
prescribed  by  this  charter.  The  rules  and  regulations  shall  include  provi- 
sions with  regard  to  classification,  compensation,  selection,  training,  pro- 
motion, discipline,  vacations,  and  any  other  matters  necessary  to  the 
maintenance  of  efficient  service  and  the  improvement  of  working  condi- 
tions. The  rules  and  regulations  shall  continue  in  force  subject  to  amend- 
ments submitted  from  time  to  time  by  the  manager  which  shall  become 
effective  one  month  after  their  submission  unless  vetoed  by  the  council 
within  that  period.  Until  the  first  set  of  such  rules  and  regulations  be- 
comes effective,  the  manager  may  establish  temporary  rules  and  regula- 
tions. 

49-A:73  Compensation.  The  compensation  of  all  officers  and  em- 
ployees not  fixed  by  this  charter  shall  be  fixed  in  the  rules  and  regulations 
of  the  merit  plan  by  a  schedule  of  pay  which  shall  include  a  minimum 
and  maximum  and  such  intermediate  rates  as  may  be  deemed  desirable 
for  each  class  of  position  provided  for  in  said  rules  and  regulations.  In 
increasing  or  decreasing  items  in  the  city  budget,  the  council  shall  not 
increase  or  decrease  any  individual  salary  item  but  shall  act  solely  with 
respect  to  total  salaries  in  the  various  departments  of  the  city. 

49-A:74  Personnel  Advisory  Board.  There  is  hereby  established  a 
personnel  advisory  board  of  three  citizens  holding  no  other  municipal 
office  and  appointed,  one  member  by  the  manager,  one  by  the  council, 
and  the  third  by  these  two  appointees.  In  the  first  instance  only  the  mem- 
ber appointed  by  the  manager  shall  serve  for  one  year,  the  member 
appointed  by  the  council  for  two  years,  and  the  third  member  for  three 
years,  in  each  case  beginning  on  the  effective  date  of  this  charter;  the 
terms  of  all  succeeding  members  shall  be  for  three  years  beginning  on 
the  expiration  of  the  term  each  succeeds.  It  shall  be  the  duty  of  the  per- 
sonnel advisory  board  to  study  the  broad  problems  of  personnel  policy 
and  administration,  to  advise  the  council  concerning  the  personnel  poli- 
cies of  the  city  and  the  manager  regarding  the  administration  of  the 
merit  plan  and  to  hear  appeals  from  any  employee  aggrieved  as  to  the 
status  or  condition  of  his  employment.  The  board  shall  issue  written 
reports  containing  findings  of  facts  and  recommendations  to  the  manager 
upon  such  appeals  but  the  board  shall  have  no  power  to  reinstate  an 
employee  unless  it  finds,  after  investigation,  that  disciplinary  action  was 
taken  against  the  employee  for  religious,  racial,  or  political  reasons. 

49-A:75  Certification  of  Compensation.  No  compensation  shall  be 
paid  without  certification  by  the  manager,  or  such  officer  as  he  may  direct, 
that  the  recipients  are  employed  by  the  city  and  that  their  rates  of  com- 


1963]  Chapter  275  537 

pensation  comply  with  the  pay  schedule  provided  for  in  section  73.  If 
such  officer  approves  payments  not  in  conformity  therewith,  he  and  his 
surety  shall  be  liable  for  the  amount  of  such  payments.  A  taxpayer  may 
maintain  a  civil  action  to  restrain  payment  of  compensation  to  persons 
unlawfully  appointed  or  employed  or  to  recover  for  the  city  any  sums 
paid  contrary  to  the  provisions  of  this  charter. 

49-A:76  Employees  When  Charter  Adopted.  No  employee  of  the 
city  at  the  time  this  charter  is  adopted  shall  be  required  to  take  any  exam- 
ination in  order  to  continue  within  the  employment  of  the  city.  All  other 
provisions  of  the  merit  plan  will  apply  to  such  employees. 

Special  Assessments 

49-A:77  Council  Resolution.  The  council  shall  have  power  to  de- 
termine that  not  exceeding  fifty  per  cent  of  the  expense  of  any  public 
improvement  shall  be  defrayed  by  special  assessments  upon  the  property 
especially  benefited  and  shall  so  declare  by  resolution.  Such  resolution 
shall  state  the  estimated  cost  of  the  improvement,  what  proportion  of 
the  cost  thereof  shall  be  paid  by  special  assessments,  and  what  part,  if 
any,  shall  be  a  general  obligation  of  the  city,  the  number  of  installments 
in  which  special  assessments  may  be  paid,  and  shall  designate  the  districts 
or  land  and  premises  upon  which  special  assessments  shall  be  levied. 

49-A:78  Procedure  Fixed  by  Ordinances.  The  council  shall  prescribe 
by  general  ordinance  complete  special  assessment  procedure  concerning 
plans  and  specifications,  estimate  of  costs,  notice  and  hearing,  the  making 
of  the  special  assessment  roll  and  correction  of  errors,  the  collection  of 
special  assessments,  and  any  other  matters  concerning  the  making  of  im- 
provements by  the  special  assessment  method. 

Miscellaneous  Provisions 
Applicable  to  Both  Mayor- Aldermen  Plans  » 

And  Council-Manager  Plans 

49-A:79  Oath  of  Office.  Every  person  elected  or  appointed  to  any 
city  office  before  entering  upon  the  duties  of  his  office  shall  take  and  sub- 
scribe to  an  oath  of  office  as  provided  by  law  which  shall  be  filed  and  kept 
in  the  office  of  the  city  clerk. 

49-A:80  Notice  of  Election  or  Appointment.  Written  notice  of  elec- 
tion or  appointment  of  any  city  officer  shall  be  mailed  to  him  at  his  ad- 
dress by  the  city  clerk  within  forty-eight  hours  after  the  appointment  is 
made  or  the  vote  canvassed.  If  within  ten  days  from  the  date  of  the  notice, 
such  officer  shall  not  take,  subscribe  to,  and  file  with  the  city  clerk  an 
oath  of  office,  such  neglect  shall  be  deemed  a  refusal  to  serve  and  the 
office  shall  thereupon  be  deemed  vacant,  unless  the  council  or  board  of 
mayor  and  aldermen  shall  extend  the  time  in  which  such  officer  may 
qualify. 


538  Chapter  275  [1963 

49-A:81  Vacancy  Defined.  In  addition  to  other  provisions  of  this 
charter,  a  vacancy  shall  be  deemed  to  exist  in  any  office  when  an  officer 
dies,  resigns,  is  removed  from  office,  is  convicted  of  a  felony,  or  is  judicial- 
ly declared  to  be  mentally  incompetent. 

49-A:82  Official  Interest  in  Contracts.  No  elective  or  appointive 
officer  or  employee  of  the  city  shall  take  part  in  a  decision  concerning 
the  business  of  the  city  in  which  he  has  a  financial  interest  aside  from 
his  salary  as  such  officer  or  employee,  direct  or  indirect,  greater  than  any 
other  citizen  or  taxpayer. 

49-A:83  Private  Use  of  Public  Property.  No  officer  or  employee  shall 
devote  any  city  property  or  labor  to  private  use  except  as  may  be  provided 
by  law  or  ordinance. 

49-A:84  Use  of  Streets  by  Public  Utilities.  Every  public  utility  shall 
pay  such  part  of  the  cost  of  improvement  or  maintenance  of  streets,  alleys, 
bridges,  and  public  places  as  shall  arise  from  its  use  thereof,  and  shall 
protect  and  save  the  city  harmless  from  all  damages  arising  from  said  use. 

49-A:85  Liability  for  Discharge.  The  removal  in  accordance  with 
this  charter  with  or  without  cause  of  a  person  elected  or  appointed  or 
otherwise  chosen  for  a  fixed  term  shall  give  no  right  of  action  for  breach 
of  contract. 

49-A:86  Notice  of  Claim.  No  action  at  law  or  bill  in  equity  for 
money  or  damages  claimed  due  shall  be  sustained  against  the  city  unless 
a  notice  setting  forth  the  nature  and  amount,  if  any,  of  the  claim  shall 
have  been  delivered  or  sent  by  registered  mail  to  the  office  of  the  city 
clerk  not  less  than  sixty  days  prior  to  the  commencement  of  said  action 
at  law  or  bill  in  equity. 

49-A:87  Municipal  Court.  The  municipal  court  of  the  city  as  at 
present  constituted  is  hereby  continued. 

49-A:88  Violations.  Any  person  who  violates  any  provisions  of  this 
charter,  unless  otherwise  provided,  or  violates  any  city  ordinance  for 
which  no  other  punishment  is  provided,  shall  be  fined  not  exceeding 
five  hundred  dollars  or  imprisoned  not  exceeding  ninety  days,  or  both. 

49-A:89  Public  Records.  All  records  of  the  city  shall  be  public. 

Saving  Clauses  and  Adoption  of  Charter 

49-A:90  Saving  Clause.  So  much  of  the  previous  charter  of  the  city 
and  of  laws  passed  in  amendment  or  supplementary  thereof,  as  is  now  in 
force  relative  to  the  constitution  and  bounds  of  its  several  wards,  its  school 
districts  and  sewer,  lighting,  and  other  special  precincts  and  their  gov- 
ernment and  affairs,  to  its  water  works,  municipal  court,  and  to  the  bor- 
rowing of  money  in  aid  of  its  school  districts,  is  hereby  continued  in  force, 
with  the  exception  of  such  provisions  as  are  inconsistent  with  this  char- 


1963]  Chapter  275  539 

ter;  but  all  special  legislation  relative  to  the  government  of  the  city,  not 
herein  expressly  saved,  is  hereby  repealed.  All  general  laws  relative  to 
the  government  of  cities  shall  remain  in  force  in  the  city  so  far  as  the 
same  can  be  applied  consistently  with  the  intents  and  purposes  of  this 
charter,  but  shall  be  deemed  superseded  as  to  this  city  so  far  as  incon- 
sistent herewith.  Existing  ordinances  and  other  municipal  regulations 
shall  remain  in  force  so  far  as  the  same  can  be  applied  consistently  with 
the  intents  and  purposes  of  this  charter,  but  are  hereby  annulled  so  far 
as  inconsistent  herewith.  In  all  existing  laws,  ordinances,  and  regulations 
hereby  saved,  references  to  the  city  councils,  board  of  mayor  and  alder- 
men, board  of  public  works,  or  other  bodies  or  officers  hereby  abolished 
and  superseded,  or  to  bodies  or  officers  whose  constitution  or  functions 
are  hereby  altered,  shall  be  taken  to  mean  the  body  or  officer  upon  whom 
jurisdiction  of  the  matter  in  question  is  conferred  by  this  charter  or  by 
the  administrative  code. 

49-A:91  Tenure  of  Office.  The  incumbents  when  this  charter  takes 
effect  who  are  not  elected  by  popular  vote,  of  all  municipal  offices  not 
hereby  abolished  or  superseded  shall  continue  to  hold  the  same  until  the 
expiration  of  their  respective  terms  where  a  term  of  years  exists,  or  until 
such  offices  are  abolished  or  superseded  by  lawful  ordinances. 

49-A:92  Separability.  The  sections  of  this  act  and  of  charters  cre- 
ated hereunder  are  separable.  If  any  portion  of  this  act,  or  of  any  charter 
adopted  under  the  provisions  hereof,  or  if  the  application  of  the  act  or 
such  charter  to  any  person  or  circumstance,  shall  be  invalid,  the  remainder 
thereof  or  the  application  of  such  invalid  portions  to  other  persons  or 
circumstances  shall  not  be  affected  hereby. 

275:2  Repeal.  RSA  49,  relative  to  city  managers,  is  hereby  repealed. 
Provided,  however,  all  charters  heretofore  established  under  the  author- 
ization of  RSA  49  shall  continue  in  full  force  and  effect  unless  changed 
under  the  local  option  provisions  of  RSA  49-A  as  herein  established  or 
changed  by  special  act  of  the  legislature. 

275:3  Police  Commissions.  At  any  regular  municipal  election  in 
any  of  the  following  cities:  Manchester,  Nashua,  Portsmouth,  Laconia, 
Somersworth  or  Berlin,  if  a  majority  of  the  governing  body  of  such  city 
so  votes,  or  if  ten  per  cent  of  the  registered  voters  file  a  petition  so  re- 
questing, the  following  special  question  shall  be  presented  to  the  voters 
at  said  election: 

"Shall  the  city  of authorize  the  mayor  and  city  council 

(or  the  mayor  and  board  of  aldermen,  as  the  case  may  be)  to  ap- 
point a  police  commission  instead  of  having  the  governor  and 
governor's  council  appoint  the  commission?" 

Yes  n  No  n 

If  a  majority  of  those  voting  on  the  question  vote  in  the  affirmative,  the 
provisions  of  Laws  1913,  chapter  148  relating  to  such  city  shall,  effective 


540  Chapter  275  [1963 

January  one  next  succeeding  the  date  on  which  said  vote  was  taken,  be 
of  no  further  force  and  effect  with  respect  to  said  city  except  as  provided 
in  section  7  of  this  chapter,  and  the  provisions  of  sections  4  through  7, 
inclusive,  of  this  chapter  shall  thereafter  apply  in  such  city. 

275:4  Appointment  of  Commissioners.  The  mayor  and  city  council 
of  the  respective  cities  shall  appoint  for  the  respective  city  a  police  com- 
mission consisting  of  three  members.  The  term  of  office  of  each  such 
commissioner  shall  be  for  three  years  and  until  his  successor  is  duly  ap- 
pointed and  qualified.  Said  commissioners  shall  have  been  residents  of 
the  city  where  appointed  at  least  five  years  immediately  preceding  the 
date  of  their  appointment.  Not  more  than  two  of  each  of  said  commis- 
sioners for  a  respective  city  shall  be  of  the  same  political  party.  Any  va- 
cancy in  said  board  shall  be  filled  for  the  unexpired  term.  The  mayor  and 
council  of  the  respective  city  shall  have  full  power  to  remove  any  com- 
missioner at  any  time. 

275:5  Duties;  Powers.  It  shall  be  the  duty  of  said  police  commis- 
sioners to  appoint  such  police  officers,  constables  and  superior  officers, 
as  they  may  in  their  judgment  deem  necessary;  and  to  fix  their  compensa- 
tion. The  police  commissioners  shall  have  authority  to  remove  any  officer 
at  any  time  for  just  cause  and  after  due  hearing,  which  cause  shall  be 
specified  in  the  order  of  removal.  Said  commissioners  shall  have  full  au- 
thority to  make  and  enforce  all  rules  and  regulations  for  the  government 
of  the  police  force. 

275:6  Compensation.  The  compensation  of  the  police  commis- 
sioners shall  be  fixed  by  the  respective  city  councils. 

275:7  Present  Incumbents.  Notwithstanding  the  provisions  of  sec- 
tion 4  any  person  holding  office  as  a  commissioner  under  appointment  of 
the  governor  and  council  under  the  authority  of  Laws  1913,  chapter  148 
at  the  date  of  the  passage  of  this  act  shall  continue  in  office  as  such  com- 
missioner until  the  expiration  of  his  said  term  of  office. 

275:8  Police  Commissions.  Laws  1913,  chapter  148,  relative  to  ap- 
pointment of  police  commissions  in  certain  cities  by  the  governor  and 
council,  will  be  of  no  further  force  and  effect  with  respect  to  any  city 
named  in  section  3  if  a  referendum  in  said  city  is  adopted. 

275:9  City  of  Claremont.  Amend  sections  1  and  2  of  Laws  1947, 
chapter  342  by  striking  out  said  sections  and  inserting  in  place  thereof 
the  following:  I.  Establishment.  The  mayor  and  councilmen  of  Clare- 
mont shall  appoint  for  the  city  a  police  commission  consisting  of  three 
persons.  The  term  of  office  of  said  commissioners  shall  be  for  three  years 
and  until  their  successors  are  appointed.  Said  commissioners  shall  have 
been  residents  of  Claremont  for  at  least  five  years  immediately  preceding 
the  date  of  their  appointment.  Not  more  than  two  of  said  commissioners 
shall  be  of  the  same  political  party.  Any  vacancy  on  said  commission  shall 


1963]  Chapter  275  541 

be  filled  in  like  manner  for  the  unexpired  term.  2.  Removal  of  Com- 
missioners. The  mayor  and  city  council  shall  have  full  power  to  remove 
any  commissioner  at  any  time,  for  just  cause  and  after  due  hearing,  which 
cause  shall  be  specified  in  the  order  of  removal. 

275:10  Present  Incumbents.  Notwithstanding  the  provisions  of  sec- 
tion 9  any  person  holding  office  as  a  police  commissioner  for  the  city  of 
Claremont  at  the  date  of  the  passage  of  this  act  shall  continue  in  office  as 
such  commissioner  initil  the  expiration  of  his  said  term  of  office. 

275:11  City  of  Dover.  Amend  section  33  of  chapter  430  of  the  Laws 
of  1949,  as  amended  by  Laws  1953,  358  sections  17  and  18,  being  Plan 
1  —  amended  mayor-council  plan  for  the  city  of  Dover  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  33.  Police 
Commission,  (a)  On  or  before  December  first,  following  the  adoption  of 
this  charter,  the  mayor  and  council  shall  appoint  for  the  city  of  Dover 
a  police  commission  consisting  of  three  persons,  one  of  whom  shall  hold 
office  for  one  year,  one  for  two  years  and  one  for  three  years  from  the  first 
Wednesday  in  January,  following  the  adoption  of  this  charter,  or  until 
their  successors  are  duly  appointed  and  qualified..  Said  commissioners 
shall  have  been  residents  of  the  city  at  least  five  years  immediately  pre- 
ceding the  date  of  their  appointment.  Not  more  than  two  of  said  com- 
missioners shall  be  of  the  same  political  party.  The  mayor  and  council 
shall,  annually  on  or  before  the  first  day  of  December  thereafter,  appoint 
one  commissioner  who  shall  serve  for  three  years  from  the  first  Wednesday 
in  January  unless  sooner  removed  as  hereinafter  provided,  and  any  va- 
cancy in  said  board  shall  be  filled  in  the  same  manner  for  the  unexpired 
term. 

(b)  The  mayor  and  council  shall  have  full  power  to  remove  any 
commissioner  at  any  time. 

(c)  It  shall  be  the  duty  of  said  police  commissioners  to  appoint  a 
chief  of  police,  a  deputy  chief  of  police,  and  such  other  police  officers 
and  constables  as  they  in  their  judgment  deem  necessary,  and  fix  their 
compensation. 

(d)  The  compensation  of  the  police  commissioners  shall  be  fixed 
by  the  city  council. 

(e)  The  police  commissioners  shall  have  authority  to  remove  any 
officer  at  any  time  for  just  cause  and  after  due  hearing,  which  cause  shall 
be  specified  in  the  order  of  removal. 

(f)  The  police  commissioners  shall  have  full  power  to  make  all 
rules  and  regulations  for  the  government  of  the  police  force  and  to  en- 
force said  rules  and  regulations,  not  inconsistent  with  the  merit  plan 
ordinance  adopted  by  the  city  council. 


542  Chapter  275  [1963 

275:12  Application  of  Certain  Statutes.  The  provisions  of  sections 
3  to  1 1,  inclusive,  of  this  act  shall  not  be  applicable  to  a  city  therein  named 
if  said  city  adopts  a  local  option  charter  under  the  provisions  of  section 
1  of  this  act. 

275:13  Manchester  Finance  Commission.  Chapter  226  of  the  Laws 
of  il921,  as  amended  by  chapter  434  of  the  Laws  of  1957,  relative  to  the 
finance  commission  of  the  city  of  Manchester,  is  hereby  repealed. 

275:14  New  Chapter.  Amend  RSA  by  inserting  after  chapter  53 
the  following  new  chapter: 

Chapter  53-A 

53-A:l  Government  Units  Covered.  Any  county,  town,  city,  village 
district  or  other  municipal  corporation  now  or  hereafter  established 
under  the  laws  of  the  state  of  New  Hampshire  shall  be  authorized  to  enter 
into  bilateral  or  multilateral  agreements  with  any  other  such  govern- 
mental unit  or  units  for  the  performance  of  any  of  the  functions  herein 
below  set  forth. 

53-A:2  Form  of  Agreement.  Any  agreement  made  under  the  au- 
thority of  this  chapter  shall  be  in  writing  in  a  form  to  be  approved  by 
the  office  of  the  attorney  general  and  the  attorney  or  attorneys  represent- 
ingr  the  governmental  units  involved.  In  cases  involving  counties  and 
cities,  the  county  attorney  and  the  city  solicitor  shall  act  for  their  respec- 
tive units.  In  cases  involving  towns  or  other  governmental  units  with  no 
regular  attorney,  the  unit  involved  is  authorized  to  employ  counsel  to 
represent  it  in  connection  with  the  negotiation  for  and  drafting  of  the 
necessary  documents. 

53-A:3  Functions  Covered.  The  governmental  units  hereinabove 
described  may  enter  into  agreements  for  the  performance  of  any  and  all 
of  the  following  functions: 

I.  The  extinguishment  of  fires,  the  lighting  or  sprinkling  of  streets; 

II.  The  planting  and  care  for  shade  and  ornamental  trees; 

III.  The  supply  of  water  for  domestic  and  fire  purposes; 

IV.  The  construction  and  maintenance  of  highways,  sidewalks  and 
main  drains  or  common  sewers; 

V.  The  construction,  maintenance  and  care  of  parks  or  commons; 

VI.  The  maintenance  of  activities  for  recreational  promotion; 

VII.  The  erection,  maintenance  and  operation  of  buildings  and 
other  structures  for  recreational  purposes; 

VIII.  The  construction  or  purchase  and  maintenance  of  a  municipal 
lighting  plant; 


1963]  Chapter  275  543 

IX.  The  appointing  and  employing  of  watchmen  and  police  officers; 

X.  The  establishment  of  housing  authorities  and  the  issuance  of 
bonds  in  the  erection  of  housing  as  authorized  under  RSA  203  and  204; 
and 

XI.  The  erection,  maintenance  and  operation  of  any  sewage  dis- 
posal plant  or  other  device  necessary  or  convenient  for  compliance  with 
any  water  pollution  statute  or  revaluation  lawfully  issued. 

53-A:4  Funds.  The  respective  counties,  towns,  cities  and  other  gov- 
ernmental units  involved  in  any  agreements  as  set  forth  in  section  1  of 
this  chapter  are  hereby  authorized  to  appropriate  the  funds  necessary  to 
carry  out  their  contractural  obligations  thus  incurred.  In  cases  involving 
the  expenditure  of  capital  funds  they  are  authorized  to  borrow  such 
funds  under  the  terms  of  the  municipal  finance  act,  RSA  33,  as  amended, 
and  to  issue  bonds  in  accordance  with  the  provisions  of  such  act  or  to  set 
up  a  capital  reserve  fund  for  such  purposes  under  the  provisions  of  RSA 
chapters  34  or  35. 

275:15  Takes  Effect.  Sections  1-8,  inclusive,  and  sections  12-14,  in- 
clusive, of  this  act,  shall  take  effect  sixty  days  after  their  passage.  Sections 
9,  10,  and  11  shall  take  effect  only  as  provided  in  this  section.  At  any 
regular  municipal  election  in  the  city  of  Claremont  or  in  the  city  of 
Dover,  if  a  majority  of  the  governing  body  of  such  city  so  votes,  or  if  ten 
per  cent  of  the  registered  voters  file  a  petition  so  requesting,  the  following 
special  question  shall  be  presented  to  the  voters  at  said  election: 

"Shall  the  city  of authorize  the  mayor  and  city  council 

to  appoint  a  police  commission  instead  of  having  the  governor 
and  governor's  council  appoint  the  commission?" 
Yes  D  No  n 

If,  in  the  case  of  the  city  of  Claremont,  a  majority  of  those  voting  on 
the  question  vote  in  the  affirmative,  the  provisions  of  sections  9  and  10 
of  this  act  shall  take  effect  on  January  first  next  succeeding  the  date  on 
which  said  vote  was  taken.  If,  in  the  case  of  the  city  of  Dover,  a  majority 
of  those  voting  on  the  question  vote  in  the  affirmative,  the  provisions  of 
section  1 1  of  this  act  shall  take  effect  on  January  first  next  succeeding  the 
date  on  which  said  vote  was  taken. 
[Approved  July  3,  1963.] 
[Effective  date: 

Sections  1  to  8  inclusive  and  Sections 

12  to  14  inclusive  effective  September 

il,  1963;  Sections  9,  10  and  11  effective 

as  provided  in  Section  15  of  this  Act.] 


544  Chapter  276  [1963 

CHAPTER  276. 

AN  ACT  ADOPTING  THE  UNIFORM  NARCOTIC  DRUG  ACT  AND  RELATING  TO 
THE  PHARMACY  COMMISSION. 

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

276:1  Uniform  Narcotic  Drug  Act.  Amend  RSA  by  inserting  after 
chapter  318  the  following  new  chapter: 

Chapter  318-A 
Uniform  Narcotic  Drug  Act 

318-A:  1  Definitions.  The  following  words  and  phrases,  as  used  in 
this  chapter,  shall  have  the  following  meanings,  unless  the  context  other- 
wise requires: 

I.  "Person"  includes  an  individual,  partnership,  corporation,  asso- 
ciation, trust,  or  other  institution  or  entity. 

II.  "Practitioner"  includes  a  physician,  dentist,  veterinary  surgeon, 
or  any  other  person  authorized  by  law  to  treat  sick  and  injured  human 
beings  in  this  state  and  to  use  narcotic  drugs  in  such  treatment. 

III.  "Manufacturer"  means  a  person  who  produces  or  prepares  a 
narcotic  drug,  or  any  other  preparation  containing  a  narcotic  drug, 
either  directly  or  indirectly  by  extraction  from  substances  of  vegetable 
origin,  or  independently  by  means  of  chemical  synthesis,  or  by  a  com- 
bination of  extraction  and  chemical  synthesis,  or  by  compounding,  mix- 
ing, cultivating,  growing,  or  any  other  process,  but  does  not  include  a 
pharmacist  who  compounds  narcotic  drugs  to  be  sold  or  dispensed  on 
prescription. 

IV.  "Wholesaler"  means  a  person  who  supplies  narcotic  drugs  that 
he  himself  has  not  produced  nor  prepared,  on  official  written  orders,  but 
not  on  prescriptions. 

V.  "Pharmacist"  means  a  licensed  professional  pharmacist  as  de- 
fined by  the  laws  of  this  state,  and,  where  the  context  so  requires,  the 
owner  of  a  store  or  other  place  of  business  where  narcotic  drugs  are  com- 
pounded or  dispensed  by  a  licensed  professional  pharmacist;  but  nothing 
herein  shall  be  construed  as  conferring  on  a  person  who  is  not  registered 
nor  licensed  as  a  pharmacist  any  authority,  right,  or  privilege,  that  is  not 
granted  to  him  by  the  pharmacy  laws  of  this  state. 

VI.  "Hospital"  means  an  institution  for  the  care  and  treatment  of 
the  sick  and  injured,  approved  by  division  of  public  heakh  services  as 
proper  to  be  entrusted  with  the  custody  of  narcotic  drugs  and  the  pro- 
fessional use  of  narcotic  drugs  under  the  direction  of  a  practitioner. 


1963]  Chapter  276  545 

VII.  "Laboratory"  means  a  laboratory  entrusted  with  the  custody 
of  narcotic  drugs  and  the  use  of  narcotic  drugs  for  scientific  and  medical 
purposes  and  for  purposes  of  instruction. 

VIII.  "Sale"  includes  barter,  exchange,  or  gift,  or  offer  therefor,  and 
each  such  transaction  made  by  any  person,  whether  as  principal,  pro- 
prietor, agent,  servant  or  employee. 

IX.  "Narcotic  drug"  means  any  of  the  following  whether  produced 
directly  or  indirectly  by  extraction  from  substances  of  vegetable  origin, 
or  independently  by  means  of  chemical  synthesis,  or  by  a  combination  of 
extraction  and  chemical  synthesis: 

(a)  Opium,  isonipecaine,  or  coca  leaves; 

(b)  Any  compound,  manufacture,  sale,  derivative,  or  preparation  of 
opium,  isonipecaine  or  coca  leaves; 

(c)  "Marijuana"  which  includes  all  parts  of  the  plant  Cannabis 
sativa  L.,  whether  growing  or  not;  the  seeds  thereof;  the  resin  extracted 
from  any  part  of  such  plant;  and  every  compound,  manufacture,  salt, 
derivative,  mixture,  or  preparation  of  such  plant,  its  seeds,  or  resin;  but 
shall  not  include  the  mature  stalks  of  such  plant,  fiber  produced  from 
such  stalks,  oil  or  cake  made  from  the  seeds  of  such  plant,  any  other  com- 
poinid,  manufacture,  salt,  derivative,  mixture  or  preparation  of  such 
mature  stalks  (except  the  resin  extracted  therefrom),  fiber,  oil,  or  cake, 
or  the  sterilized  seed  of  such  plant  which  is  incapable  of  germination; 

(d)  Any  substance  (and  any  compound,  manufacture,  salt,  deriva- 
tive, or  preparation  thereof)  which  is  chemically  identical  with  any  of  the 
substances  referred  to  in  clauses  (a),  (b)  or  (c); 

(e)  Any  "opiate"  found  to  be  a  narcotic  drug  by  rule  or  regulation 
of  division  of  public  health  services  after  reasonable  notice  and  oppor- 
tunity for  hearing.  "Opiate"  means  any  drug  or  other  substance  (and  any 
compound,  manufacture,  salt,  derivative,  or  preparation  thereof)  which 
has  been  or  may  be  found  by  the  secretary  of  the  treasury  of  the  United 
States  or  his  delegate,  after  due  notice  and  opportunity  for  public  hearing 
to  have  an  addiction-forming  or  addiction-sustaining  liability  similar  to 
morphine  or  cocaine  or  to  be  capable  of  conversion  into  a  drug  having 
such  addiction-forming  or  addiction-sustaining  liability,  where  the  rela- 
tive technical  simplicity  and  degree  of  yield  of  such  conversion  create  a 
risk  of  improper  use  and  proclaimed  by  the  secretary  or  his  delegate  to 
have  been  so  found  in  the  federal  register;  but  a  drug  or  other  substance 
shall  cease  to  be  an  "Opiate"  for  the  purposes  of  this  section  if  such  find- 
ing is  duly  withdrawn  by  the  secretary  or  his  delegate,  except  that  the 
words  "narcotic  drugs"  shall  not  include  decocainized  coca  leaves  or  ex- 
tracts of  coca  leaves,  which  extracts  do  not  contain  cocaine  or  ecgonine. 

X.  "Federal  narcotic  laws"  means  the  laws  of  the  United  States  relat- 
ing to  narcotic  dru.sfs. 


546  Chapter  276  [1963 

XL  "Official  written  order"  means  an  order  written  on  a  form  pro- 
vided for  that  purpose  by  the  secretary  of  the  treasury  of  the  United 
States  or  his  delegate,  under  any  laws  of  the  United  States  making  provi- 
sion therefor,  if  such  order  forms  are  authorized  and  required  by  federal 
law,  and  if  no  such  order  form  is  provided,  then  on  an  official  form  pro- 
vided for  that  purpose  by  the  division  of  public  health  services. 

XII.  "Dispense"  includes  distribute,  leave  with,  give  away,  dispose 
of,  or  deliver. 

XIII.  "Registry  number"  means  the  number  assigned  to  each  person 
resristered  under  the  Federal  Narcotic  Laws. 

318-A:2  Acts  Prohibited.  It  shall  be  unlawful  for  any  person  to 
manufacture,  possess,  have  under  his  control,  sell,  purchase,  prescribe, 
administer,  dispense,  or  compound  any  narcotic  drug,  or  any  preparation 
containing  a  narcotic  drug,  except  as  authorized  in  this  chapter. 

318-A:3  Manufacturers  and  Wholesalers.  No  person  shall  manu- 
facture narcotic  drugs,  and  no  person  as  a  wholesaler  shall  supply  the 
same,  without  having  first  obtained  a  license  to  do  so  from  the  division  of 
public  health  services. 

318-A:4  Licenses. 

I.  Fee.  The  fee  for  such  license  shall  be  ten  dollars  per  year  payable 
annually  to  the  division  of  public  health  services  on  or  before  January  1. 

II.  Qualification.  No  license  shall  be  issued  under  the  foregoing 
section  unless  and  until  the  applicant  therefor  has  furnished  proof  satis- 
factory to  division  of  public  health  services. 

(a)  That  the  applicant  is  of  good  moral  character  or,  if  the  appli- 
cant be  an  association  or  corporation,  that  the  managing  officers  are  of 
Q^ood  moral  character. 

(b)  That  the  applicant  is  equipped  as  to  land,  buildings,  and  para- 
phernalia properly  to  carry  on  the  business  described  in  his  application. 
No  license  shall  be  granted  to  any  person  who  has  within  five  years  been 
convicted  of  a  wilful  violation  of  any  law  of  the  United  States,  or  of  any 
state,  relating  to  opium,  coca  leaves,  or  other  narcotic  drugs,  or  to  any 
person  who  is  a  narcotic  drug  addict. 

III.  Revocation.  Any  license  may  be  suspended  or  revoked  by  Divi- 
sion of  Public  Health  Services  after  due  notice  and  opportunity  for  hear- 
ing if  the  licensee: 

(a)  Has  been  convicted  of  violating  or  conspiring  to  violate  any  law 
of  the  United  States  or  of  any  state  where  the  offense  involves  any  activity 
or  transaction  with  respect  to  narcotic  drugs;  or 

(b)  Has  violated  or  failed  to  comply  with  any  duly  promulgated 
regulation  of  Division  of  Public  Health  Services  and  such  violation  or 


1963]  Chapter  276  547 

failure  to  comply  reflects  adversely  on  the  licensee's  reliability  and  in- 
tegrity with  respect  to  narcotic  drugs. 

318-A:5  Sale  on  Written  Orders. 

I.  A  duly  licensed  manufacturer  or  wholesaler  may  sell  and  dispense 
narcotic  drugs  to  any  of  the  following  persons,  but  only  on  official  written 
orders: 

(a)  To  a  manufacturer,  wholesaler,  or  pharmacist, 

(b)  To  a  practitioner, 

(c)  To  a  person  in  charge  of  a  hospital,  but  only  for  use  by  or  in  that 
hospital, 

(d)  To  a  person  in  charge  of  a  laboratory,  but  only  for  use  in  that 
laboratory  for  scientific  and  medical  purposes, 

(e)  To  a  person  in  the  employ  of  the  United  States  Government  or 
of  any  state,  territorial,  district,  county,  municipal,  or  insular  government, 
purchasing,  receiving,  possessing,  or  dispensing  narcotic  drugs  by  reason 
of  his  official  duties,  upon  an  exempt  official  order  form  as  required  by 
federal  narcotics  laws. 

(f)  To  a  master  of  a  ship  or  a  person  in  charge  of  any  aircraft  upon 
which  no  physician  is  regularly  employed,  or  to  a  physician  or  surgeon, 
duly  licensed  in  some  state,  territory,  or  the  District  of  Columbia  to  prac- 
tice his  profession,  or  to  a  retired  commissioned  medical  officer  of  the 
United  States  army,  navy,  or  public  health  service  employed  upon  such 
ship  or  aircraft,  for  the  actual  medical  needs  of  persons  on  board  such 
ship  or  aircraft,  when  not  in  port.  Provided,  such  narcotic  drugs  shall  be 
sold  to  the  master  of  such  ship  or  person  in  charge  of  such  aircraft  or  to 
a  physician,  surgeon,  or  retired  commissioned  medical  officer  of  the 
United  States  army,  navy,  or  public  health  service  employed  upon  such 
ship  or  aircraft  only  in  pursuance  of  a  special  order  form  approved  by  a 
commissioned  medical  officer  or  acting  assistant  surgeon  of  the  United 
States  Public  Health  Service. 

(g)  To  a  person  in  a  foreign  country  if  the  provisions  of  the  federal 
narcotic  laws  are  complied  with. 

II.  Use  of  Official  Written  Orders.  An  official  written  order  for 
any  narcotic  drug  shall  be  signed  in  triplicate  by  the  person  giving  said 
order  or  by  his  duly  authorized  agent.  The  original  shall  be  presented  to 
the  person  who  sells  or  dispenses  the  narcotic  drug  or  drugs  named  there- 
in. In  event  of  the  acceptance  of  such  order  by  said  person,  each  party  to 
the  transaction  shall  preserve  his  copy  of  such  order  for  a  period  of  two 
years  in  such  a  way  as  to  be  readily  accessible  for  inspection  by  any  public 
officer  or  employee  engaged  in  the  enforcement  of  this  act.  It  shall  be 
deemed  a  compliance  with  this  subsection  if  the  parties  to  the  transaction 


548  Chapter  276  [1963 

have  complied  with  the  federal  narcotic  laws,  respecting  the  requirements 
governing  the  use  of  order  forms. 

III.  Possession  Lawful.  Possession  of  or  control  of  narcotic  drugs 
obtained  as  authorized  by  this  section  shall  be  lawful  if  in  the  regular 
course  of  business,  occupation,  profession,  employment,  or  duty  of  the 
possessor. 

IV.  A  person  in  charge  of  a  hospital  or  of  a  laboratory,  or  in  the 
employ  of  this  state  or  of  any  other  state,  or  of  any  political  subdivision 
thereof,  or  a  master  of  a  ship  or  a  person  in  charge  of  any  aircraft  upon 
which  no  physician  is  regularly  employed,  or  a  physician  or  surgeon  duly 
licensed  in  some  state,  territory,  or  the  District  of  Columbia,  to  practice 
his  profession,  or  a  retired  commissioned  medical  officer  of  the  United 
States  army,  navy,  or  public  health  service  employed  upon  such  ship  or 
aircraft,  who  obtains  narcotic  drugs  under  the  provisions  of  this  section 
or  otherwise,  shall  not  administer,  nor  dispense,  nor  otherwise  use  such 
drugs,  within  the  state,  except  within  the  scope  of  his  employment  or 
official  duty,  and  then  only  for  scientific  or  medicinal  purposes  and  sub- 
ject to  the  provisions  of  this  chapter. 

318-A:6  Sale  by  Pharmacists. 

I.  A  pharmacist  in  good  faith,  may  sell  and  dispense  narcotic  drugs 
to  any  person  upon  the  written  prescription  of  a  practitioner,  provided 
it  is  properly  executed,  dated  and  signed  by  the  person  prescribing  on 
the  day  when  issued  and  bears  the  full  name  and  address  of  the  patient 
from  whom  or  of  the  owner  of  the  animal  for  which,  the  drug  is  dispensed, 
or  upon  oral  prescription,  in  pursuance  of  regulations  promulgated  by 
the  secretary  of  the  treasury  of  the  United  States,  or  his  delegate,  under 
the  provisions  of  federal  narcotics  laws,  provided  said  oral  prescription 
is  promptly  reduced  to  writing  by  the  pharmicist,  stating  the  name  of  the 
practitioner  so  prescribing,  the  date,  the  full  name  and  address  of  the 
patient  for  whom,  or  of  the  owner  of  the  animal  for  which,  the  drug  is 
dispensed,  and  in  all  instances,  the  full  name,  address  and  registry  num- 
ber under  the  federal  narcotic  laws  of  the  person  so  prescribing  if  he  is 
required  by  those  laws  to  be  so  registered.  If  the  prescription  be  for  an 
animal,  it  shall  state  the  species  of  animal  for  which  the  drug  is  prescribed. 
A  person  filling  the  prescription  shall  write  the  date  of  filling  and  his 
own  signature  on  the  face  of  the  prescription.  The  prescription  shall  be 
retained  on  file  by  the  proprietor  of  the  pharmacy  in  which  it  is  filled 
for  a  period  of  two  years  so  as  to  be  readily  accessible  for  the  inspection 
of  any  officers  engaged  in  the  enforcement  of  this  chapter.  The  prescrip- 
tion shall  not  be  refilled. 

II.  The  legal  owner  of  any  stock  of  narcotic  drugs  in  a  pharmacy, 
upon  discontinuance  of  dealing  in  said  drugs,  may  sell  said  stock  to  a 
manufacturer,  wholesaler,  pharmacist  or  pharmacy  owner  but  only  upon 
an  official  written  order,  and  in  accordance  with  the  federal  narcotic  laws 


1963]  Chapter  276  549 

and  regulations.  A  pharmacist  only  upon  an  official  written  order,  may 
sell  to  a  practitioner  in  quantities  not  exceeding  one  ounce  at  any  one 
time,  aqueous  or  oleaginous  solutions  compounded  by  him  of  which  the 
content  of  narcotic  drugs  does  not  exceed  a  proportion  greater  than  twenty 
per  centum  of  the  complete  solution,  to  be  used  for  medicinal  purposes. 

318-A:7  Professional  Use  of  Narcotic  Drugs. 

I.  Practitioners  Other  Than  Veterinarians.  A  practitioner  other 
than  a  veterinarian,  in  good  faith  and  in  the  course  of  his  professional 
practice  only,  may  prescribe,  administer,  and  dispense  narcotic  drugs, 
or  he  may  cause  the  same  to  be  administered  by  a  nurse  or  intern  under 
his  direction  and  supervision. 

II.  Veterinarians.  A  veterinarian,  in  good  faith  and  in  the  course 
of  his  professional  practice  only,  and  not  for  use  by  a  human  being,  may 
prescribe,  administer,  and  dispense  narcotic  drugs,  and  he  may  cause 
them  to  be  administered  by  an  assistant  or  orderly  under  his  direction 
and  supervision. 

III.  Return  of  Unused  Drugs.  Any  person  who  has  obtained  from 
a  practitioner  any  narcotic  drug  for  administration  to  a  patient  during 
the  absence  of  such  practitioner,  shall  return  to  such  practitioner  any  un- 
used portion  of  such  drug,  when  it  is  no  longer  required  by  the  patient. 

318-A:8  Preparations  Exempted. 

I.  The  division  of  public  health  services  may  by  regulation  exempt 
from  the  application  of  this  chapter  to  such  extent  as  it  determines  to  be 
consistent  with  the  public  welfare,  pharmaceutical  preparations  found 
by  the  division  of  public  health  services  after  due  notice  and  opportunity 
for  hearing: 

(a)  Either  to  possess  no  addiction-forming  or  addiction-sustaining 
liability,  or  does  not  possess  an  addiction-forming  or  addiction-sustaining 
liability  sufficient  to  warrant  imposition  of  all  of  the  requirements  of 
this  chapter,  and, 

(b)  Does  not  permit  recovery  of  a  narcotic  drug  having  such  an 
addiction-forming  or  addiction-sustaining  liability,  with  such  relative 
technical  simplicity  and  degree  of  yield  as  to  create  a  risk  of  improper  use. 

II.  In  exercising  the  authority  granted  in  paragraph  I,  the  division 
of  public  health  services,  by  regulation  and  without  special  findings  may 
grant  exempt  status  to  such  pharmaceutical  preparations  as  are  or  may 
be  determined  to  be  exempt  under  the  federal  narcotic  laws  and  regula- 
tions and  permit  the  administering,  dispensing,  or  selling  of  such  prepara- 
tions under  the  same  conditions  as  permitted  by  the  federal  narcotic  laws 
and  regulations. 

III.  If  the  division  of  public  health  services  shall  find  after  due  no- 
tice and  opportunity  for  hearing,  that  any  exempt  pharmaceutical  prep- 


550  Chapter  276  [1963 

aration  does  possess  a  degree  of  addiction  liability  that  results  in  material 
abusive  use,  it  shall  by  regulation  publish  the  findings  in  a  newspaper  of 
general  circulation  in  the  state.  The  findings  shall  be  effective,  and  the 
exempt  status  shall  cease  to  apply  to  such  pharmaceutical  preparation  six 
months  after  the  date  of  the  publication  of  the  findings. 

318-A:9  Records  to  be  Kept.  Practitioners,  manufacturers,  whole- 
salers, pharmacists,  hospitals  and  laboratories  shall  keep  such  records  as 
may  be  required  by  federal  narcotic  laws  and  regulations  relating  to  re- 
ceipt, manufacture,  inventory,  distribution  (including  dispensing,  sale 
or  other  disposition)  and  information  as  to  narcotics  stolen,  lost  or  de- 
stroyed. 

318-A:10  Labels. 

I.  Whenever  a  manufacturer  sells  or  dispenses  a  narcotic  drug,  and 
whenever  a  wholesaler  sells  or  dispenses  a  narcotic  drug  in  a  package 
prepared  by  him,  he  shall  securely  affix  to  each  package  in  which  that 
drug  is  contained  a  label  showing  in  legible  English  the  name  and  address 
of  the  vendor  and  the  quantity,  kind,  and  form  of  narcotic  drug  contained 
therein.  If  any  narcotic  is  determined  by  regulation  of  the  division  of 
public  health  services  as  being  habit  forming,  the  container  label  shall 
show  clearly  the  statement  "Warning  —  May  be  Habit  Forming".  No 
person,  except  a  pharmacist  for  the  purpose  of  filling  a  prescription  un- 
der this  chapter  shall  alter,  deface,  or  remove  any  label  so  affixed. 

II.  Whenever  a  pharmacist  sells  or  dispenses  any  narcotic  drug  on 
a  prescription  issued  by  a  practitioner,  he  shall  affix  to  the  container  in 
which  such  drug  is  sold  or  dispensed,  a  label  showing  his  own  name,  ad- 
dress, and  registry  number,  or  the  name,  address,  and  registry  number  of 
the  pharmacist  for  whom  he  is  lawfully  acting;  the  name  and  address  of 
the  patient  or,  if  the  patient  is  an  animal,  the  name  and  address  of  the 
owner  of  the  animal  and  the  species  of  the  animal;  the  name,  address, 
and  registry  number  of  the  practitioner  by  whom  the  prescription  was 
written;  and  such  directions  as  may  be  stated  on  the  prescription.  No 
person  shall  alter,  deface,  or  remove  any  label  so  affixed. 

318-A:11    Authorized  Possession  o£  Narcotic  Drugs  by  Individuals. 

An  individual  to  whom  or  for  whose  use  any  narcotic  drug  has  been 
prescribed,  sold,  or  dispensed,  by  a  practitioner  or  pharmacist,  or  other 
person  authorized  under  the  provision  of  section  5  hereof,  and  the  owner 
of  any  animal  for  which  any  such  drug  has  been  prescribed,  sold,  or  dis- 
pensed by  a  veterinarian,  may  lawfully  possess  it  only  in  the  container 
in  which  it  was  delivered  to  him  by  the  person  selling  or  dispensing  the 
same. 


1963]  Chapter  276  551 

318-A:12  Persons  and  Corporations  Exempted. 

The  provisions  of  this  chapter  restricting  the  possession  and  having 
control  of  narcotic  drugs  shall  not  apply  to  common  carriers  or  to  ware- 
housemen, while  engaged  in  lawfully  transporting  or  storing  such  drugs, 
or  to  any  employee  of  the  same  acting  within  the  scope  of  his  employ- 
ment; or  to  public  officers  or  their  employees  in  the  performance  of  their 
official  duties  requiring  possession  or  control  of  narcotic  drugs;  or  to 
temporary  incidental  possession  by  employees  or  agents  of  persons  law- 
fully entitled  to  possession,  or  by  persons  whose  possession  is  for  the 
purpose  of  aiding  public  officers  in  performing  their  official  duties. 

3 1 8- A :  1 3  Common  Nuisances. 

Any  store,  shop,  warehouse,  dwelling  house,  building,  vehicle,  boat, 
aircraft,  or  any  place  whatever,  which  is  resorted  to  by  narcotic  drug 
addicts  for  the  purpose  of  using  narcotic  drugs  or  which  is  used  for  the 
illegal  keeping  or  selling  of  the  same,  shall  be  deemed  a  common  nuisance. 
No  person  shall  keep  or  maintain  such  a  common  nuisance. 

318-A:14   Narcotic  Drugs  to  be  Delivered  to  State  Official,  etc. 

All  narcotic  drugs,  the  lawful  possession  of  which  is  not  established 
or  the  title  to  which  cannot  be  ascertained,  which  have  come  into  the 
custody  of  a  peace  officer,  shall  be  forfeited,  and  disposed  of  as  follows: 

I.  Except  as  in  this  section,  otherwise  provided,  the  superior  court 
shall  order  such  narcotic  drugs  forfeited  and  destroyed.  A  record  of  the 
place  where  said  drugs  were  seized,  of  the  kinds  and  quantities  of  drugs 
so  destroyed,  and  of  the  time,  place,  and  manner  of  destruction,  shall  be 
kept,  and  a  return  under  oath,  reporting  said  destruction,  shall  be  made 
to  the  superior  court  and  to  the  United  States  commissioner  of  narcotics, 
by  the  officer  who  destroys  them. 

II.  Upon  written  application  by  the  state  division  of  public  health 
services  the  superior  court  may  order  the  delivery  of  any  of  them,  except 
heroin  and  its  salts  and  derivatives,  to  said  state  division  of  public  health 
services  for  distribution  or  destruction,  as  hereinafter  provided. 

III.  Upon  application  by  any  hospital  within  this  state,  not  op- 
erated for  private  gain,  the  state  division  of  public  health  services  may 
in  its  discretion  deliver  any  narcotic  drugs  that  have  come  into  its  custody 
by  authority  of  this  section  to  the  applicant  for  medicinal  use.  The  state 
division  of  public  health  services  may  from  time  to  time  deliver  excess 
stocks  of  such  narcotic  drugs  to  the  United  States  commissioner  of  nar- 
cotics, or  to  the  New  Hampshire  state  hospital,  or  may  destroy  the  same. 

IV.  The  state  division  of  public  health  services  shall  keep  a  full 
and  complete  record  of  all  drugs  received  and  of  all  drugs  disposed  of, 
showing  the  exact  kinds,  quantities,  and  forms  of  such  drugs;  the  persons 


552  Chapter  276  [1963 

from  whom  received  and  to  whom  delivered;  by  whose  authority  received, 
delivered,  or  destroyed;  and  the  dates  of  the  receipt,  disposal,  or  destruc- 
tion, which  record  shall  be  open  to  inspection  by  all  federal  or  state 
officers  charged  with  the  enforcement  of  federal  and  state  narcotic  laws. 

318-A:15    Notice  of  Conviction  to  be  Sent  to  Licensing  Board. 

On  the  conviction  of  any  person  of  the  violation  of  any  provision  of 
this  chapter,  a  copy  of  the  judgment  and  sentence,  and  of  the  opinion  of 
the  superior  court,  if  any  opinion  be  filed,  shall  be  sent  by  the  clerk  of  the 
court,  to  the  board  or  officer,  if  any,  by  whom  the  convicted  defendant  has 
been  licensed  or  registered  to  practice  his  profession  or  to  carry  on  his 
business.  On  the  conviction  of  any  such  person,  the  board  may,  in  its 
discretion,  suspend,  or  revoke  the  license  or  registration  of  the  convicted 
defendant  to  practice  his  profession  or  to  carry  on  his  business.  On  the 
application  of  any  person  whose  license  or  registration  has  been  sus- 
pended or  revoked,  and  upon  proper  showing  and  for  good  cause  said 
board  or  officer  may  reinstate  such  license  or  registration. 

3 1 8- A :  1 6  Records,  Confidential. 

Prescriptions,  orders  and  records,  required  hereby,  and  stocks  of 
narcotic  drugs,  shall  be  open  for  inspection  only  to  federal,  state,  county, 
and  municipal  officers,  whose  duty  is  to  enforce  the  laws  of  this  state  or 
of  the  United  States  relating  to  narcotic  drugs.  No  officer  having  knowl- 
edge by  virtue  of  his  office  of  any  such  prescription,  order,  or  record  shall 
divulge  such  knowledge,  except  in  connection  with  a  prosecution  or  pro- 
ceeding in  court  or  before  a  licensing  or  registration  board  or  officer,  to 
which  prosecution  or  proceeding  the  person  to  whom  such  prescriptions, 
orders,  or  records  relate  is  a  party. 

3 1 8-A :  1 7  Fraud  or  Deceit. 

I.  No  person  shall  obtain  or  attempt  to  obtain  a  narcotic  drug,  or 
procure  or  attempt  to  procure  the  administration  of  a  narcotic  drug, 

(a)  by  fraud,  deceit,  misrepresentation;  or  subterfuge;  or 

(b)  by  the  forgery  or  alteration  of  a  prescription  or  of  any  written 
order;  or 

(c)  by  the  concealment  of  a  material  fact;  or 

(d)  by  the  use  of  a  false  name  or  the  giving  of  a  false  address. 

II.  Information  communicated  to  a  physician  in  an  effort  unlaw- 
fully to  procure  a  narcotic  drug,  or  unlawfully  to  procure  the  administra- 
tion of  any  such  drug,  shall  not  be  deemed  a  privileged  communication. 

III.  No  person  shall  wilfully  make  a  false  statement  in  any  prescrip- 
tion, order,  report,  or  record,  required  hereby. 


1963]  Chapter  276  553 

IV.  No  person  shall,  for  the  purpose  of  obtaining  a  narcotic  drug 
falsely  assume  the  title  of,  or  represent  himself  to  be,  a  manufacturer, 
wholesaler,  pharmacist,  practitioner,  or  other  authorized  person. 

V.  No  person  shall  make  or  utter  any  false  or  forged  prescription  or 
false  or  forged  written  order. 

VI.  No  person  shall  affix  any  false  or  forged  label  to  a  package  or 
receptacle  containing  narcotic  drugs. 

VII.  The  provisions  of  this  section  shall  apply  to  all  transactions 
relating  to  narcotic  drugs,  or  to  preparations  containing  a  narcotic  drug, 
under  the  provisions  of  section  8  of  this  chapter,  in  the  same  way  as  they 
apply  to  transactions  under  all  other  sections. 

3I8-A:18  Exceptions  and  Exemptions  Not  Required  to  be  Negatived. 

In  any  complaint,  information,  or  indictment,  and  in  any  action  or 
proceeding  brought  for  the  enforcement  of  any  provision  hereof,  it  shall 
not  be  necessary  to  negative  any  exception,  excuse,  proviso,  or  exemption, 
contained  herein,  and  the  burden  or  proof  of  any  such  exception,  excuse, 
proviso  or  exemption,  shall  be  upon  the  defendant. 

3 1 8-A:  1 9  Enforcement  and  Cooperation. 

It  is  hereby  made  the  duty  of  the  division  of  public  health  services, 
its  officers,  agents,  inspectors,  and  representatives,  and  of  all  peace  officers 
within  the  state,  and  of  all  county  attorneys,  to  enforce  all  provisions  of 
this  chapter,  except  those  specifically  delegated,  and  to  cooperate  with  all 
agencies  charged  with  the  enforcement  of  the  la^vs  of  the  United  States, 
of  this  state,  and  of  all  other  states,  relating  to  narcotic  drugs.  Authority 
is  hereby  granted  to  the  division  of  public  health  services  to  promulgate 
rules  and  regulations  for  the  efficient  enforcement  of  this  chapter  and 
said  division  of  public  health  services  is  hereby  authorized  to  make  such 
regulations  under  this  chapter  to  conform  with  those  promulgated  by 
the  secretary  of  the  treasury  of  the  United  States  or  his  delegate  under 
the  federal  narcotic  laws. 

318-A:20  Authority  for  Inspection. 

All  officers,  agents,  inspectors  and  representatives  of  the  division  of 
public  health  services  who  are  charged  with  the  responsibility  to  enforce 
this  chapter,  all  peace  officers  within  the  state,  the  attorney-general  and 
all  county  attorneys  are  authorized  to  enter  upon  the  premises  used  by  a 
pharmacist  for  the  purpose  of  his  business  and  inspect  such  original  pre- 
scriptions for  narcotic  drugs  as  defined  herein;  and  every  pharmacist,  his 
clerk,  agent  or  servant  shall  exhibit  to  such  person  on  demand  every  such 
original  prescription  so  kept  on  file. 


554  Chapter  276  [1963 

318-A:21  Penalties. 

I.  Whoever  violates  any  provision  of  this  chapter  shall  upon  convic- 
tion be  fined  not  more  than  $2,000  and  be  imprisoned  not  less  than  two 
or  more  than  five  years.  For  a  second  offense,  or  if,  in  case  of  a  first  con- 
viction of  violation  of  any  provision  of  this  chapter,  the  offender  shall 
previously  have  been  convicted  of  any  violation  of  the  laws  of  the  United 
States  or  of  any  state,  territory  or  district  relating  to  narcotic  drugs  or 
marijuana  the  offender  shall  be  fined  not  more  than  $2,000  and  be  im- 
prisoned not  less  than  five  or  more  than  ten  years.  For  a  third  or  subse- 
quent offense,  or  if  the  offender  shall  previously  have  been  convicted  two 
or  more  times  in  the  aggregate  of  any  violation  of  the  law  of  the  United 
States  or  of  any  state,  territory  or  district  relating  to  narcotic  drugs  or 
marijuana,  the  offender  shall  be  fined  $2,000  and  be  imprisoned  not  less 
than  ten  or  more  than  twenty  years.  Except  in  the  case  of  conviction  for 
a  first  offense,  the  imposition  or  execution  of  sentence  shall  not  be  sus- 
pended and  probation  or  parole  shall  not  be  granted  until  the  minimum 
imprisonment  herein  provided  for  the  offense  shall  have  been  served. 

II.  Any  person  who  is  convicted  of  the  illegal  sale,  exchange,  barter, 
supplying  or  giving  away  of  narcotic  drugs  or  marijuana  shall  be  fined 
not  more  than  $2,000  and  be  imprisoned  not  less  than  five  or  more  than 
ten  years.  For  a  second  or  subsequent  offense  the  penalty  shall  be  the  same 
as  that  provided  for  a  third  offender  in  paragraph  I.  For  any  offense  the 
penalty  for  which  is  provided  in  this  paragraph,  the  imposition  or  execu- 
tion of  sentence  shall  not  be  suspended  and  probation  or  parole  shall 
not  be  granted  until  the  minimum  sentence  shall  have  been  served. 

318-A:22  Effect  of  Acquittal  or  Conviction  under  Federal  Narcotic 
Laws. 

No  person  shall  be  prosecuted  for  a  violation  of  any  provision  of  this 
chapter  if  such  person  has  been  acquitted  or  convicted  under  the  federal 
narcotic  laws  of  the  same  act  or  omission  which,  it  is  alleged,  constitutes 
a  violation  of  this  chapter. 

318-A:23  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  applications  of  the  chapter 
which  can  be  given  effect  without  the  invalid  provision  or  application, 
and  to  this  end  the  provisions  of  this  chapter  are  declared  to  be  severable. 

318-A:24  Interpretation.  This  chapter  shall  be  so  interpreted  and 
construed  as  to  effectuate  its  general  purpose,  to  make  uniform  the  laws 
of  those  states  which  enact  it. 

318-A:25  Inconsistent  Laws  Repealed.  All  acts  or  parts  of  acts  which 
are  inconsistent  with  the  provision  hereof  are  hereby  repealed. 

318-A:26  Name  of  Act.  This  chapter  may  be  cited  as  the  Uniform 
Narcotic  Drug  Act. 


1963]  Chapter  277  555 

276:2  Repeal.  I.  RSA  318:48,  49,  49-a,  50,  51,  53  and  54  (supp)  as 
amended  by  1955,  243:1  and  1957,  10:1,  relative  to  the  manufacture  and 
sale  of  narcotic  drugs  are  hereby  repealed. 

II.  Paragraph  IV  of  RSA  146:6,  relative  to  labels  on  narcotic  drug 
containers,  is  hereby  repealed. 

276:3  Appropriations.  There  is  hereby  appropriated  for  the  pur- 
poses of  this  chapter  the  sum  of  five  thousand  dollars  for  the  fiscal  year 
ending  June  30,  1964,  and  a  like  sum  for  the  fiscal  year  ending  June  30, 
1965,  and  the  governor  is  hereby  authorized  to  draw  his  warrant  for  such 
sums  out  of  any  monies  in  the  treasury  not  otherwise  appropriated. 

276:4  Pharmacy  Comniission.  In  addition  to  any  other  funds  appro- 
priated for  the  use  of  the  pharmacy  commission  for  the  period  from  July 
1,  1963  to  January  «1,  1964,  there  is  hereby  appropriated,  from  the  general 
funds  of  the  state,  the  sum  of  $2,500  to  be  allocated  to  the  several  cate- 
gories of  expenditure  as  requested  by  the  pharmacy  commission  and  ap- 
proval by  the  governor. 

276:5   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  277. 

AN    ACT    FOR    THE    ESTABLISHMENT    OF    AUTHORIZED   REGIONAL    ENROLLMENT 

(area)  schools  and  creating  THE  NEW  HAMPSHIRE 

SCHOOL  BUILDING  AUTHORITY. 

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

277:1  Authorized  Regional  Enrollment  Area  Schools  and  the  New 
Hampshire  School  Building  Authority.  Amend  RSA  by  inserting  after 
chapter  195  the  following  new  chapters: 

Chapter  I95-A 

Authorized  Regional  Enrollment 
Area  (AREA)  Schools 

I95-A:l  Definitions.  The  terms  used  in  this  chapter  shall  be  con- 
strued as  follows,  unless  a  different  meaning  is  clearly  apparent  from  the 
language  or  context: 

I.  "School  district"  shall  mean  a  town  school  district,  a  special  school 
district,  an  incorporated  school  district  operating  within  a  city,  and  a 
city  operating  a  dependent  school  department. 


556  Chapter  277  [1963 

II.  "Elementary  school"  shall  mean  a  program  comprising  all  grades 
from  the  kindergarten  or  grade  one  through  grade  six,  or  kindergarten 
or  grade  one  througli  grade  eight. 

III.  "Secondary  school"  shall  mean  a  program  comprising  all  grades 
from  grade  seven  through  grade  twelve,  or  grade  nine  through  grade 
twelve  and  may  include  a  junior  high  school  program  comprising  grades 
seven  and  eight  or  seven,  eight  and  nine  as  well  as  a  high  school  program. 

IV.  "Area  school"  shall  mean  an  authorized  regional  enrollment 
area  school,  which  may  be  elementary  or  secondary,  and  which  when  ap- 
proved as  hereinafter  provided,  shall  be  the  assigned  school  for  all  the 
resident  elementary  or  secondary  pupils  of  the  school  districts  or  portions 
thereof  within  the  region  which  it  is  established  to  serve. 

V.  "Sending  district"  shall  mean  any  school  district  or  portion  there- 
of which  sends  its  resident  pupils  to  an  area  school  located  in  a  receiving 
district,  paying  tuition  therefor  to  the  receiving  district. 

VI.  "Receiving  district"  shall  mean  a  school  district  in  which  an 
area  school  is  located. 

VII.  "School  board"  shall  mean  the  school  board,  board  of  educa- 
tion or  school  committee  of  each  school  district. 

VIII.  "State  board"  shall  mean  the  state  board  of  education. 

IX.  "Tuition"  shall  mean  the  sum  of  money  which  each  sending 
district  is  obligated  to  pay  to  the  receiving  district  to  defray  the  cost  of 
education  of  each  of  its  resident  pupils,  for  the  school  year,  at  the  area 
school  in  the  receiving  district  to  which  such  pupils  are  assigned,  and 
shall  consist  of  elementary  school  tuition,  junior  high  school  tuition  and 
high  school  tuition,  as  may  be  applicable.  Elementary  school  tuition  for 
the  current  school  year  shall  be  limited  to  the  state  average  cost  per  pupil 
of  the  current  expenses  of  operation  of  all  public  elementary  schools,  as 
estimated  by  the  state  board  for  the  preceding  school  year,  or  the  current 
expenses  of  operation  of  the  receiving  district  for  the  area  elementary 
school  for  the  preceding  school  year,  whichever  is  less.  Junior  high  school 
tuition  for  the  current  school  year  shall  be  limited  to  the  state  average 
cost  per  pupil  of  the  current  expenses  of  operation  of  all  public  junior 
high  schools  as  estimated  by  the  state  board  for  the  preceding  school  year, 
or  the  current  expenses  of  operation  of  the  receiving  district  for  the  area 
junior  high  school  for  the  preceding  school  year,  whichever  is  less.  High 
school  tuition  for  the  current  school  year  shall  be  limited  to  the  state 
average  cost  per  pupil  of  the  current  expenses  of  operation  of  all  public 
high  schools,  as  estimated  by  the  state  board  for  the  preceding  school 
year,  or  the  current  expenses  of  operation  of  the  receiving  district  for  the 
area  high  school,  as  estimated  by  the  state  board  for  the  preceding  school 
year,  whichever  is  less.  In  cases  where  the  area  school  was  not  in  operation 
for  the  full  preceding  school  year,  the  state  average  for  such  year,  calcu- 


1963]  Chapter  277  557 

lated  as  above,  shall  be  used  to  determine  current  expenses  of  operation. 
Current  expenses  of  operation  shall  include  all  costs,  except  costs  of  trans- 
portation, and  except  capital  outlay  and  repayment  of  principal  and 
interest  on  debt;  but  tuition  calculated  as  above,  shall  also  include  an 
annual  rental  charge  per  pupil. 

X.  "Annual  rental  charge  per  pupil"  shall  mean  that  additional 
payment  included  in  tuition  as  defined  in  paragraph  IX  to  cover  build- 
ing occupancy  and  shall  be  calculated  as  follows:  (a)  If  the  area  school 
is  a  building  newly  constructed  and  equipped  for  the  purposes  hereof, 
the  annual  rental  charge  per  pupil  shall  be  the  amount  of  the  net  current 
annual  payment  of  principal  and  interest  on  all  outstanding  borrowings 
of  the  receiving  district  for  such  purpose  including  loans  repayable  to 
the  New  Hampshire  school  building  authority  created  by  RSA  195-B 
(after  deduction  of  school  building  aid  payable  under  the  provisions  of 
RSA  198:15-b  as  amended)  divided  by  the  fair  pupil  capacity  of  such 
new  building,  as  determined  by  the  state  board;  (b)  If  the  area  school 
is  a  fully  paid  for,  existing  building  and  equipment  of  the  receiving 
district,  the  annual  rental  charge  per  pupil  shall  be  two  per  cent  of  the 
capital  cost  thereof  divided  by  the  fair  pupil  capacity  of  such  building 
and  equipment,  as  determined  by  the  state  board;  (c)  If  the  area  school 
is  a  partly  paid  for,  existing  building  and  equipment  of  the  receiving 
district  on  which  debt  is  outstanding  or  is  a  fully  or  partly  paid  for  ex- 
isting building  and  equipment  of  the  receiving  district  on  which  addi- 
tional debt  is  incurred  for  enlargement  or  additions  thereto  for  the 
purposes  hereof,  the  annual  rental  charge  per  pupil  shall  be  a  combina- 
tion of  the  rate  prescribed  in  sub-paragraph  (b)  on  the  portion  thereof 
previously  paid  for  by  the  receiving  district  and  the  rate  prescribed  in 
sub-paragraph  (a)  on  the  portion  thereof  on  which  debt  is  owed  or  in- 
curred, as  determined  by  the  state  board. 

XI.  "Date  of  operating  responsibility"  shall  mean  the  date  on  which 
the  area  school  shall  officially  open  and  shall  relieve  the  schools  of  the 
sending  districts,  serving  the  corresponding  grades,  of  their  obligation 
to  operate. 

XII.  "Meeting  of  a  receiving  district"  may  include  any  regular  or 
special  session  of  its  legislative  body  in  the  case  of  a  city  with  a  dependent 
school  department,  or  of  its  school  board  in  the  case  of  any  separately  in- 
corporated school  district  within  a  city  in  which  district  meetings  have 
been  abolished. 

195-A:2  Policy  and  Standards.  I.  It  is  the  purpose  of  this  chapter  to 
increase  educational  opportunities  within  the  state  by  encouraging  the 
establishment  of  area  schools  in  the  receiving  districts  which  will  serve 
the  receiving  district  and  the  sending  districts  throughout  a  natural  social 
and  economic  region  which  has  an  adequate  minimum  taxable  valuation 
and  a  number  of  pupils  sufficient  to  permit  efficient  use  of  such  area 


558  Chapter  277  [1963 

school  facilities  and  to  provide  improved  instruction.  The  state  board 
may  formulate  and  adopt  additional  standards  consistent  with  this  pur- 
pose and  these  standards;  and  the  state  board  shall  approve  plans  for  the 
establishment  of  area  schools  only  after  determining  that  such  establish- 
ment will  be  in  accord  with  such  standards  and  purposes  set  forth  herein. 
II.  Geographical  Plan.  The  state  board  is  authorized  and  directed  to 
prepare  and  publish  a  plan  subdividing  the  territory  of  the  state  into 
suggested  regions  for  area  schools  indicating  the  suggested  receiving  dis- 
trict or  districts  for  the  schools  of  each  region,  which  shall  be  compatible 
with  the  plan  for  suggested  cooperative  school  districts,  and  which  plan 
shall  meet  the  standards  formulated  under  the  preceding  paragraph. 
This  plan  shall  be  reasonably  compatible  with  the  areas  of  the  several 
supervisory  unions.  From  time  to  time  thereafter  the  state  board  may 
modify  such  plan.  III.  Advisory  Powers  of  State  Board.  The  state  board 
may  prepare  recommended  forms  of  written  plans  for  area  schools  and 
for  enlargement  of  the  areas  served  thereby  and  may  furnish  its  advisory 
services  to  area  school  planning  boards  or  school  boards  who  have  such 
matters  under  consideration. 

195-A:3  Procedure.  I.  Any  town,  city  or  special  school  district  pur- 
suant to  an  article  in  the  warrant  for  any  annual  or  special  meeting  may 
vote  to  create  an  area  school  planning  committee  consisting  of  three 
qualified  voters  of  whom  at  least  one  shall  be  a  member  of  the  school 
board.  The  members  of  the  committee  shall  be  elected  at  the  meeting 
at  which  the  committee  is  created,  unless  the  district  determines  that 
they  shall  be  appointed  by  the  moderator.  The  members  of  the  committee 
shall  serve  without  pay  for  a  term  ending  (a)  at  the  third  annual  meeting 
of  the  district  following  the  creation  of  the  committee,  if  the  committee 
is  created  at  an  annual  meeting,  or  (b)  at  the  first  annual  meeting  of  the 
district  next  following  the  expiration  of  three  years  from  the  date  of  the 
creation  of  the  committee,  if  the  committee  is  created  at  a  special  meet- 
ing, or  (c)  upon  issuance  by  the  state  board  of  its  certificate  that  a  plan 
for  an  area  school  has  been  adopted  in  which  the  district  is  a  participant. 
If  the  term  of  the  committee  ends  at  an  annual  meeting  of  the  district, 
the  district  may  create  a  successor  area  school  planning  committee  pur- 
suant to  the  foregoing  provisions.  Vacancies  on  the  committee  shall  be 
filled  by  the  moderator  for  the  balance  of  the  unexpired  term.  The  dis- 
trict may  appropriate  money  to  meet  the  expenses  of  the  committee  at 
the  meeting  at  which  it  is  created  or  at  any  subsequent  district  meeting, 
notwithstanding  the  provisions  of  RSA  32  or  RSA  197:3;  and  such  ex- 
penses may  include  the  cost  of  publication  and  distribution  of  reports. 
Area  school  planning  committees  from  any  two  or  more  school  districts 
may  join  together  to  form  an  area  school  planning  board,  which  shall 
organize  by  the  election  of  a  chairman  and  a  clerk-treasurer.  The  plan- 
ning board  may  thereafter  admit  to  membership  planning  committees 
from  other  school  districts,  but  the  members  of  a  planning  committee 
shall  not  be  members  of  more  than  one  planning  board  at  any  one  time; 


1963]  Chapter  277  559 

provided,  however,  that  a  planning  board  so  created  may  also  study  the 
advisability  of  forming  a  cooperative  school  district,  if  eligible  therefor. 
An  area  school  planning  board  shall  act  by  a  majority  vote  of  its  total 
membership. 

II.  In  cities  which  operate  a  dependent  school  department,  the 
power  to  create  and  appoint  such  an  area  school  planning  committee  of 
three,  whose  members  shall  serve  for  a  term  of  three  years  from  date  of 
appointment,  is  vested  in  the  school  board;  but  the  expenses  of  such 
planning  committee,  as  defined  in  paragraph  I,  shall  be  raised  and  appro- 
priated by  the  legislative  body  of  such  city  upon  certification  by  the  school 
board.  Vacancies  on  the  committee  shall  be  filled  by  the  school  board  for 
the  balance  of  the  unexpired  term,  and  the  school  board  may  create  and 
appoint  a  successor  area  school  planning  committee  pursuant  to  the 
foregoing  provisions. 

III.  In  cities  in  which  there  is  a  separately  incorporated  school  dis- 
trict but  where  district  meetings  have  been  abolished,  the  power  to  create 
and  appoint  such  an  area  school  planning  committee  of  three,  whose 
members  shall  serve  for  a  term  of  three  years  from  date  of  appointment, 
is  vested  in  the  school  board  who  shall  also  have  the  power  to  raise  and 
appropriate  money  for  the  expenses  of  such  committee  as  defined  in 
paragraph  I.  Vacancies  on  the  committee  shall  be  filled  by  the  school 
board  for  the  balance  of  the  unexpired  term,  and  the  school  board  may 
create  and  appoint  a  successor  area  school  planning  committee  pursuant 
to  the  foregoing  provisions. 

IV.  It  shall  be  the  duty  of  the  area  school  planning  board  to  study 
the  advisability  of  adopting  an  area  school  plan  within  the  region  in 
accordance  with  the  standards  set  forth  in  section  2  of  this  chapter  and 
the  advisability  of  establishing  or  constructing,  maintaining  and  operat- 
ing an  area  school  or  schools  to  serve  the  needs  of  such  region;  to  estimate 
the  construction  and  operating  costs  thereof;  to  estimate  the  tuition  costs; 
to  investigate  the  methods  of  financing  such  area  school  or  schools,  and 
any  other  matters  pertaining  to  the  organization  and  operation  of  an 
area  school;  and  to  submit  a  report  or  reports  of  its  findings  and  recom- 
mendations to  the  several  school  districts. 

V.  An  area  school  planning  board  may  recommend  that  there  be 
established  an  authorized  regional  enrollment  area  plan  for  elementary  or 
secondary  schools,  or  both,  composed  of  all  the  school  districts  represented 
by  its  membership  or  any  specified  combination  thereof.  The  planning 
board  shall  prepare  a  written  plan  for  the  proposed  regional  enrollment 
area,  which  shall  be  signed  by  at  least  a  majority  of  the  membership  of 
such  board,  which  shall  set  forth  the  following:  (a)  the  name  or  names 
of  each  area  school  or  schools  proposed,  and  the  receiving  district  or  dis- 
tricts in  which  such  school  or  schools  shall  be  located;  (b)  the  sending 
districts  or  portions  thereof  which,  together  with  the  receiving  district. 


560  Chapter  277  [1963 

shall  form  the  region  which  each  area  school  or  schools  shall  serve;  (c) 
the  grades  for  which  each  area  school  or  schools  shall  be  responsible; 
(d)  the  existing  school  buildings  in  the  several  school  districts  which  shall 
be  discontinued;  (e)  the  existing  school  buildings  in  the  receiving  district 
which  shall  be  designated  as  an  area  school  or  schools  including  any  ex- 
isting buildings  to  be  initially  enlarged;  (f)  the  proposed  new  area  school 
building  or  buildings  to  be  initially  constructed  in  the  receiving  district 
and  the  initial  location  of  same;  (g)  the  estimated  initial  enrollment  in 
each  area  school  from  each  of  the  sending  districts  and  from  the  receiving 
district;  (h)  the  proposed  date  or  dates  of  operating  responsibility  of  each 
planned  area  school,  which  date  may  be  subsequently  postponed  by  the 
state  board  upon  petition  of  the  receiving  district,  in  the  event  of  un- 
foreseen circumstances  or  for  good  cause  shown;  (i)  the  scheduled  date 
or  dates  during  each  year  upon  which  tuition  payments  shall  be  made  by 
the  sending  districts  to  the  receiving  districts  and  whether  same  shall  be 
payable  in  installments  of  a  given  percentage,  or  in  a  lump  sum;  (j)  any 
other  matters,  not  incompatible  with  law,  which  the  area  school  planning 
board  may  consider  appropriate  to  include  in  such  written  plan. 

VI .  Before  finally  agreeing  upon  a  proposed  regional  plan,  the  area 
school  planning  board  shall  hold  at  least  one  public  hearing  thereon 
within  the  proposed  region  and  shall  give  such  notice  thereof  as  it  shall 
determine  to  be  reasonable.  An  executed  copy  of  the  proposed  plan  shall 
be  submitted  by  such  planning  board  to  the  state  board,  and  when  the 
board  finds  that  such  plan  is  in  accord  with  the  standards  set  forth  in 
section  2,  it  shall  approve  the  same  and  cause  it  to  be  submitted  to  the 
school  boards  of  the  several  school  districts  included  in  the  plan  for  ac- 
ceptance by  these  school  districts  as  provided  in  the  following  paragraph. 
The  planning  board  may  amend  a  proposed  regional  plan  to  conform  to 
recommendations  of  the  state  board  without  holding  further  public  hear- 
ing thereon. 

VII.  Upon  receipt  of  written  notice  of  the  state  board's  approval  of 
such  plan,  the  school  board  of  each  town  or  special  school  district  and  of 
each  incorporated  school  district  within  a  city,  which  is  included  in  the 
plan,  shall  cause  such  plan  to  be  filed  with  the  district  clerk  and  to  be 
submitted  to  the  voters  of  the  district  as  soon  as  may  reasonably  be  pos- 
sible at  an  annual  or  special  meeting  called  for  the  purpose,  the  voting 
to  be  by  ballot  with  the  use  of  the  checklist,  after  reasonable  opportunity 
for  debate  in  open  meeting.  The  duty  to  call  such  meeting  for  such  pur- 
pose may  be  enforced  by  the  superior  court  in  an  equity  proceeding  com- 
menced by  any  voter  or  taxpayer  of  such  school  district.  The  article  in 
the  warrant  for  such  district  meeting  and  the  question  on  the  ballot  to 
be  used  at  the  meeting,  shall  be  in  substantially  the  following  form: 

"Shall  the  school  district  accept  the  provisions  of  RSA  195-A  (as 
amended)  providing  for  the  establishment  of  an  area  school  or 
schools    located   in   to   serve   the   following   grades 


1963]  Chapter  277  561 

from  the  school  districts  of and 

and  ,  etc.  in  accordance  with  the  provisions  of  the 

plan  on  file  with  the  district  clerk?"  Yes    D 

No    D 

VIII.  In  the  case  of  cities  with  dependent  school  departments,  the 
school  board  shall  submit  such  plan,  as  approved  by  the  state  board,  to 
the  city  clerk  who  shall  communicate  it  to  the  legislative  body  of  such 
city,  and  it  shall  be  the  duty  of  such  legislative  body,  as  soon  as  may  be 
reasonably  possible,  to  act  upon  the  question  set  forth  in  the  preceding 
paragraph  with  such  nominal  modification  in  the  question  as  may  be 
necessary,  voting  by  roll  call.  In  the  case  of  any  separately  incorporated 
school  district  within  a  city  in  which  district  meetings  have  been  abol- 
ished, the  school  board  shall  have  power  to  adopt  such  plan  for  the  district, 
voting  by  roll  call  on  the  question  set  forth  in  the  preceding  paragraph. 

IX.  If  a  majority  of  the  voters  present  and  voting  in  such  school  dis- 
trict meeting,  including  the  legislative  body  of  a  city  with  a  dependent 
school  department  and  the  school  board  of  a  city  school  district  which 
has  abolished  district  meetinsrs,  shall  vote  in  the  affirmative,  the  clerk 
of  each  school  district  shall  forthwith  send  to  the  state  board  a  certified 
copy  of  the  warrant,  certificate  of  posting,  evidence  of  publication,  if 
required,  and  minutes  of  the  meeting  or  resolution  adopted,  as  may  be 
applicable  to  his  district.  If  the  state  board  finds  that  the  plan  has  been 
thus  adopted  by  each  of  the  school  districts  named  in  the  plan,  it  shall 
issue  its  certificate  to  that  effect,  which  shall  be  conclusive  evidence  of 
the  lawful  adoption  of  the  plan. 

X.  If  any  school  district  fails  to  vote  in  the  affirmative  on  the  pro- 
posed plan  within  ninety  days  after  its  school  board  receives  notice  of  ap- 
proval thereof  by  the  state  board,  such  district  shall  be  deemed  to  have 
rejected  the  same.  If  the  proposed  plan  fails  of  adoption  by  one  or  more 
of  such  school  districts  as  herein  required,  it  may  be  resubmitted  to  all 
or  a  different  combination  of  such  school  districts  either  in  its  original 
form  or  as  amended  by  the  area  school  planning  board,  with  the  approval 
of  the  state  board,  and  shall  in  such  case  be  again  acted  upon  by  each 
school  district  as  provided  herein,  but  no  further  public  hearing  need 
be  held  by  the  planning  board  prior  to  such  resubmission. 

195-A:4  Application  of  School  Laws.  An  area  school  shall  be  main- 
tained and  operated  by  the  receiving  district  and  its  school  board  in  ac- 
cordance with  all  the  general  school  laws  applicable  to  schools  of  the 
grades  which  it  includes,  except  only  as  otherwise  provided  in  this  chapter. 
The  receiving  district  shall  be  obligated  to  provide  for  the  elementary  or 
secondary  school  education,  or  both,  of  all  the  resident  pupils  of  the  send- 
ing districts  as  w^ell  as  its  own,  in  accordance  with  the  approved  regional 
plan  as  adopted  under  section  3.  The  sending  districts  shall  be  obligated  to 
assign  and  send  their  resident  pupils  to  the  area  school,  or  schools,  in  the 


562  Chapter  277  [1963 

receiving  district  as  provided  in  such  plan  and  to  raise  and  appropriate 
annually  the  tuition  of  each  such  pupil  to  be  paid  to  the  receiving  dis- 
trict. The  liability  to  pay  tuition  may  be  enforced  by  the  receiving  district 
in  an  action  of  debt  against  a  delinquent  sending  district  to  be  com- 
menced in  the  superior  court  for  the  county  in  which  either  district  is 
located.  Transportation  of  resident  pupils  of  the  sending  districts  to  the 
area  school  shall  be  governed  by  the  general  school  laws  applicable  there- 
to and  shall  be  the  responsibility  of  each  sending  district.  An  area  school 
shall  be  deemed  the  assigned  school  for  all  resident  pupils  in  the  region 
which  it  is  established  to  serve,  for  purposes  of  the  school  attendance  laws, 
except  as  provided  in  RSA  193:3. 

195-A:5  Joint  School  Board  Meetings.  The  state  board  shall  cause 
to  be  held,  at  reasonable  intervals,  at  the  request  of  a  school  board  or 
school  boards  of  a  receiving  or  sending  district,  or  on  its  own  motion,  a 
joint  board  meeting  of  the  school  boards  of  all  school  districts  in  the  au- 
thorized regional  enrollment  area  for  the  purpose  of  consulting  and 
advising  about  any  and  all  matters  of  joint  interest.  Each  school  board 
shall  be  entitled  to  three  representatives  at  such  meetings,  which  shall 
be  presided  over  by  an  agent  of  the  state  board  designated  by  the  com- 
missioner of  education.  Such  meetings  shall  be  advisory,  consultative, 
and  informational  in  nature  and  shall  not  infringe  upon  the  legal  author- 
ity and  responsibility  of  the  school  board  of  the  receiving  district  over 
the  schools  within  such  district. 

195-A:6  Area  School  Property.  The  legal  title  to,  and  administra- 
tion of,  an  area  school  building,  land  and  equipment,  shall  be  vested  in 
the  receiving  district,  but  it  shall  hold  such  property  in  trust  for  the  bene- 
fit of  all  the  school  districts  in  the  authorized  regional  enrollment  area, 
as  their  respective  equitable  interests  therein  may  appear. 

195-A:7  Construction  of  Area  Schools.  The  construction  of  an  area 
school  building,  including  construction  of  additions  or  alterations  to 
existing  buildings,  the  equipment  thereof,  and  necessary  land  acquisition 
therefor  shall  be  the  responsibility  of  the  receiving  district  but  it  must 
include  facilities  of  sufficient  capacity  to  meet  the  estimated  educational 
needs  of  the  receiving  and  sending  districts  together.  A  receiving  district 
may  borrow  money  for  such  purposes  as  provided  in  RSA  33  as  amended; 
provided,  however,  that  the  receiving  district  shall  not,  on  any  occasion, 
be  required,  without  its  consent,  to  borrow  money  for  any  such  purpose 
solely  on  its  own  credit  to  an  amount  greater  than  its  proportionate  share 
of  any  such  re-required  capital  outlay,  which  shall  be  the  proportion 
which  its  estimated  enrollment  in  the  area  school  bears  to  total  estimated 
enrollment  therein,  as  determined  by  the  state  board.  Upon  application 
by  the  receiving  district,  approved  by  majority  vote  of  those  present  and 
voting  at  any  annual  or  special  meeting  thereof,  which  vote  shall  au- 
thorize the  school  board  to  execute  in  the  name  of  the  district  all  neces- 
sary instruments  to  procure  such  loan,  the  balance  of  the  funds  required 


1963]  Chapter  277  563 

to  complete  the  construction  and  cost  of  project,  including  additions  or 
alterations  to  existing  buildings,  the  equipment  thereof,  and  land  ac- 
quisition therefor,  may  be  loaned  to  the  receiving  district  by  the  New 
Hampshire  school  building  authority  created  by  RSA  I95-B,  upon  the 
credit  of  the  tuition  obligations  of  the  sending  districts  as  hereinafter 
provided,  and  the  state  school  building  aid  payable  on  account  hereof, 
upon  such  terms  and  for  such  period  of  time,  not  exceeding  thirty  years, 
as  may  be  determined  by  such  authority.  The  amount  so  loaned  to  the 
receiving  district  shall  not  be  included  in  calculating  the  "net  indebted- 
ness" of  the  receiving  district  for  borrowing  purposes  under  RSA  33  as 
amended. 

195-A:8    Repayment  of  Loans  Made  by  School  Building  Authority. 

Upon  receiving  a  grant  of  any  such  loan,  the  receiving  district  shall  there- 
upon irrevocably  assign  and  pledge  to  the  New  Hampshire  school  build- 
ing authority,  for  the  term  of  such  loan  or  until  paid  in  full,  that  portion 
of  the  ttiition  payments  due  from  sending  school  districts  which  is  des- 
ignated as  annual  rental  charge  per  pupil,  or  so  much  thereof  as  may  be 
required  by  the  authority,  and  such  annual  rental  charge  upon  the  send- 
ing districts,  when  so  assigned  and  pledged,  shall  continue  in  effect  as  a 
portion  of  the  tuition  payments  required  to  be  paid  by  law,  until  all 
obligations  of  the  receiving  district  to  the  New  Hampshire  school  build- 
ing authority  on  such  building  project  have  been  paid  in  full  with 
interest.  Notes  of  the  receiving  district  evidencing  its  obligations  to  said 
authority  shall  not  be  general  obligations  of  the  receiving  district,  but 
rather  shall  be  deemed  special  revenue  obligations  payable  only  out  of 
the  annual  rental  charges  received  by  the  receiving  district  from  the  send- 
ing districts  in  the  area  plan  and  the  annual  state  school  building  aid 
payments  made  on  account  of  such  notes. 

195-A:9    Discontinuance  of  Schools  Replaced  by  an  Area  School. 

Upon  the  date  of  operating  responsibility  of  an  area  school,  the  school 
buildings  of  the  various  sending  districts  and  receiving  district  which 
formerly  served  the  same  grades  as  the  area  school  and  have  been  ren- 
dered surplus  thereby  under  the  approved  plan,  shall  automatically  be 
deemed  closed  and  discontinued  notwithstanding  the  provisions  of  RSA 
194:35  or  any  other  applicable  statute,  unless  the  school  district  in  which 
any  such  building  is  located  shall  have  expressly  voted  to  devote  the  same 
to  some  different  educational  use. 

195-A:10  Area  School  Aid.  I.  As  an  incentive  to  receiving  and  send- 
ing districts  which  undertake  the  obligations  of  an  area  school,  the  state 
board  shall,  from  funds  appropriated  by  the  general  court  to  carry  out 
the  provisions  of  this  chapter,  pay  annually  to  each  receiving  district 
sums  in  accordance  with  the  following  schedule:  For  each  pupil  from  a 
sending  district  in  average  daily  membership  in  the  preceding  school 
year:  in  an  area  elementary  school,  forty-five  dollars;  in  an  area  junior 


564  Chapter  277  [1963 

high  school  or  equivalent  program,  sixty  dollars;  and  in  an  area  high 
school,  seventy-five  dollars. 

II.  This  aid  shall  be  applied  to  reduce  current  expenses  of  opera- 
tion of  the  area  school  and  shall  be  deducted  therefrom  before  such  cur- 
rent expenses  are  stated  for  the  purpose  of  fixing  tuition.  As  of  June 
thirtieth  in  each  year,  the  state  board  shall  cause  to  be  computed  the 
amount  of  annual  grants  to  be  paid  to  eligible  receiving  districts  here- 
under in  the  succeeding  fiscal  year  based  upon  average  daily  memberships 
from  sending  districts  in  the  preceding  fiscal  year.  If,  in  any  year,  the 
amount  appropriated  for  distribution  hereunder  is  insufficient  therefor, 
the  available  appropriation  shall  be  apportioned  proportionately  among 
the  receiving  districts  entitled  to  the  grant.  Any  available  appropriation 
not  fully  distributed  in  the  first  year  of  any  biennium  may  be  distributed 
in  the  second  year  if  required  to  meet  the  formula  established  in  the 
preceding  paragraph. 

195-A:I1  Special  Aid  to  Small  Area  High  Schools.  In  certain  areas 
of  the  state  where  due  to  sparsity  of  population  and  distance  between 
centers  of  population,  an  area  high  school  cannot  be  established  to  serve 
as  many  school  districts  or  pupils  as  would  otherwise  be  standard,  the 
receiving  districts  in  any  such  small  authorized  regional  enrollment  areas 
as  may  be  approved  and  established  hereunder  for  a  high  school,  in  addi- 
tion to  the  aid  granted  in  section  dO,  shall  be  paid  annually  by  the  state 
board,  from  a  fund  appropriated  by  the  general  court,  special  supple- 
mental aid  in  such  proportionate  amounts  from  the  fund  thus  made 
available  as  may  be  determined  by  the  state  board,  in  accordance  with 
the  relative  need  of  such  smaller  area  high  schools,  for  the  purpose  of 
faculty  improvement.  Such  special  aid  shall  be  fairly  and  equitably  ap- 
portioned by  the  state  board  as  of  June  thirtieth  in  each  year  and  paid  to 
the  eligible  receiving  districts  in  the  succeeding  fiscal  year  based  upon 
conditions  prevailing  in  the  preceding  fiscal  year.  Such  special  aid  shall 
be  deducted  from  current  expenses  of  operation  before  tuition  is  cal- 
culated. 

195-A:I2    Enlargement  of  Authorized  Regional  Enrollment  Area. 

I.  The  school  board  of  a  school  district  located  in  proximity  to  an  au- 
thorized regional  enrollment  area,  which  did  not  join  the  plan  when  it 
was  initially  established,  may  petition  the  school  board  of  the  receiving 
district  of  such  area  to  join  the  area  plan.  Thereupon  it  shall  be  the  duty 
of  the  two  school  boards  to  engage  in  a  joint  study  of  the  advisability 
thereof.  The  two  school  boards  acting  jointly  shall  have  all  the  powers 
of  an  area  school  planning  board  as  provided  in  section  3  and  may  prepare 
and  sign  a  written  plan  which  shall  contain  such  of  the  provisions  re- 
quired by  paragraph  7  of  section  3,  as  may  be  applicable.  In  particular, 
such  plan  shall  provide  expressly  for  a  just  amount  of  annual  rental 
charge  per  pupil  to  be  paid  by  the  new  sending  district  as  a  portion  of  its 


1963]  Chapter  277  565 

tuition  obligation  in  the  event  that  the  formula  prescribed  in  paragraph 
X  of  section  1  is  found  by  the  joint  board  to  be  unjust  or  inapplicable. 

II.  An  executed  copy  of  the  proposed  plan  shall  be  submitted  by  the 
joint  board  to  the  state  board  and  thereafter  the  procedure  shall  be  that 
prescribed  in  paragraphs  VI,  VII,  VIII,  IX  and  X  of  section  3;  provided, 
however,  that  such  plan  shall  be  submitted  only  to  the  voters  of  the  re- 
ceiving district  and  proposed  new  sending  district  and  that  prior  public 
hearing  thereon  may  be  waived  by  the  joint  board. 

195-A:13  Addition  of  New  Grades  to  Area  Plan.  Whenever  several 
school  districts  have  adopted  and  established  an  authorized  regional 
enrollment  area  plan  as  provided  in  this  chapter  but  have  not  applied 
such  plan  to  all  grades  of  elementary  and  secondary  schools  in  the  area, 
they  may  subsequently  extend  such  plan  to  all  or  part  of  the  omitted 
grades  by  establishing  a  new  area  school  planning  board  as  provided  in 
section  3  and  by  proceeding  as  provided  in  said  section  to  prepare  a  sup- 
plemental authorized  regional  enrollment  area  plan  for  such  additional 
grades. 

195-A:14  Withdrawal  of  Sending  District  from  Plan.  No  sending 
district  may  withdraw  from  an  authorized  regional  enrollment  area  plan 
so  long  as  there  exists  any  unpaid  debt  of  the  receiving  district  for  the 
land,  buildings  and  equipment  of  an  area  school,  including  loans  of  the 
New  Hampshire  school  building  authority,  nor,  after  satisfaction  of  such 
debt,  may  any  sending  district  withdraw  from  such  plan  sooner  than 
twenty  years  after  date  of  operating  responsibility.  After  satisfaction  of 
such  debt  or  upon  the  expiration  of  a  period  of  twenty  years  subsequent 
to  date  of  operating  responsibility,  whichever  event  occurs  later,  a  send- 
ing district  may  secede  from  the  plan  by  school  district  vote  duly  adopted, 
upon  the  concurrence  of  a  majority  of  the  other  school  districts  in  the 
area  plan,  by  school  district  votes  duly  adopted.  Upon  withdrawal,  a 
seceding  school  district  shall  forfeit  its  equity  in  the  area  school  prop- 
erties located  in  the  receiving  district. 

195-A:15  Conversion  of  Area  School  Plan  to  Cooperative  School  Dis- 
trict. I.  The  school  districts  comprising  an  authorized  regional  enroll- 
ment area  plan  may  convert  the  plan  to  a  cooperative  school  district  as 
provided  in  RSA  195:18  upon  the  expiration  of  five  years  after  date  of 
operating  responsibility,  and  thereafter.  Provided,  however,  that,  if  such 
area  plan  then  includes  a  city  school  district  or  the  dependent  school 
department  of  a  city,  such  conversion  may  only  be  accomplished  by  special 
act  of  the  legislature  upon  petition  of  the  cooperative  school  district  plan- 
ning board.  In  proceedings  for  conversion,  the  school  boards  of  the  several 
school  districts  in  the  area  plan,  acting  jointly,  shall  constitute  the  coop- 
erative school  district  planning  board.  The  articles  of  agreement  for  such 
conversion  shall  provide  for  assumption  by  the  cooperative  school  district 
of  all  outstanding  debt  of  each  receiving  district  incurred  for  its  area 


566  Chapter  277  [1963 

schools,  including  unpaid  obligations  due  the  New  Hampshire  school 
building  authority,  and  shall  provide  for  termination  of  tuition  payments 
on  date  of  operating  responsibility  of  the  new  cooperative  district. 

11.  It  is  declared  to  be  the  legislative  intention  to  provide  an  in- 
centive for  the  conversion  of  an  area  school  plan  to  a  cooperative  school 
district  by  reimbursing  the  several  school  districts  thus  combining  for 
the  reasonable  costs  incurred  by  them  in  the  planning  of  such  conversion, 
which  shall  be  paid  by  the  state  to  the  several  school  districts  comprising 
the  newly  organized  cooperative  school  district  as  soon  as  reasonably 
possible  after  its  organization  meeting,  out  of  funds  appropriated  there- 
for by  the  general  court,  upon  certification  of  the  amount  due  each 
school  district  by  the  state  board. 

Chapter  195-B 

The  New  Hampshire 
School  Building  Authority 

195-B:  1  Purpose.  It  is  declared  that  there  is  a  general  public  need  for 
aid  in  the  provision  of  regional  public  school  buildings  in  the  state,  in- 
cluding those  of  cooperative  school  districts  and  of  authorized  regional 
enrollment  areas.  It  is  the  purpose  of  this  chapter  to  create  a  school  build- 
ing authority  and  to  empower  the  authority  to  loan  funds  to  school  dis- 
tricts at  the  state  rate  of  interest  to  enable  them  to  construct,  acquire, 
alter  or  improve  public  school  buildings  designed  to  serve  the  educational 
requirements  of  regions  or  areas  larger  than  a  single  school  district,  which 
would  require  capital  outlay  in  excess  of  the  capacity  or  just  share  of  a 
single  school  district.  It  is  further  declared  that  the  school  building  au- 
thority, created  hereunder,  shall  be  regarded  as  performing  a  public 
governmental  function  in  carrying  out  the  provisions  of  this  chapter. 

195-B:2  Definitions.  As  used  in  this  chapter  the  following  words 
and  terms  shall  have  the  following  meanings: 

I.  The  word  "authority"  shall  mean  the  New  Hampshire  school 
building  authority. 

II.  The  word  "board"  shall  mean  the  board  of  directors  of  said  au- 
thority. 

III.  The  word  "project"  shall  mean  a  public  school  building  or 
buildings,  or  any  addition  to  or  enlargement  of  the  same,  including  land, 
furniture  and  equipment,  for  use  as  a  public  school  or  public  schools, 
together  with  all  property,  rights,  easements  and  interests  relating  thereto. 

IV.  The  words  "cost  of  project"  shall  embrace  the  cost  of  construc- 
tion, the  cost  of  all  lands,  property,  rights,  easements  and  interests  ac- 
quired which  are  deemed  necessary  for  such  construction  or  acquisition, 
the  cost  of  demolition  or  removing  any  buildings  or  structures  on  lands 
so  acquired,  including  the  cost  of  acquiring  any  lands  to  which  such  build- 


1963]  Chapter  277  567 

ings  or  structures  may  be  moved,  the  cost  of  all  furnishings  and  equip- 
ment, cost  of  architectural  and  legal  expenses,  plans,  specifications,  esti- 
mates of  cost,  administrative  expense  and  such  other  expense  as  may  be 
necessary  or  incident  to  the  construction  or  acquisition  of  the  project,  the 
financing  of  such  construction  or  acquisition  and  the  placing  of  the 
project  in  operation. 

V.  The  words  "school  building"  shall  mean,  but  shall  not  be  limited 
to,  any  structure  used  or  useful  for  schools  and  playgrounds,  including 
facilities  for  physical  education. 

VI.  The  word  "district"  shall  mean  a  receiving  school  district,  which 
proposes  to  construct  a  project  for  an  area  school  as  defined  in  RSA  195-A 
in  accordance  with  a  regional  plan  which  has  been  approved  and  adopted 
as  provided  therein,  and  may  include  a  toivn  school  district,  a  special 
school  district,  an  independently  incorporated  school  district  within  a 
city,  or  a  city  operating  a  dependent  school  department. 

VII.  The  words  "receiving  district"  and  "sending  district"  shall  have 
the  same  meanings  given  to  such  words  in  RSA  195-A:  1. 

VIII.  The  words  "cooperative  district"  shall  mean  a  cooperative 
school  district  established  under  RSA  195. 

IX.  The  words  "state  rate"  as  used  herein  shall  mean  such  rate  of 
interest  as  shall  be  equal  to  the  rate  paid  by  the  authority  on  its  general 
obligation  bonds  sold  hereunder  to  provide  funds  for  loans  to  districts,  or, 
at  the  option  of  the  authority,  such  rate  of  interest  as  shall  be  equal  to  the 
rate  paid  by  it  on  its  general  obligation  bonds  sold  next  before  the  pro- 
posed loan  to  a  district  or  cooperative  district,  and  having  the  closest 
comparable  maturity  date  to  that  of  the  proposed  loan. 

I95-B:3  New  Hampshire  School  Building  Authority.  I.  There  is 
hereby  created  a  body  corporate  and  politic  as  an  agency  and  subdivision 
of  the  state  under  the  name  and  title  of  New  Hampshire  school  building 
authority,  with  power  to  finance  projects  as  herein  set  forth.  In  addition 
to  the  powers  herein  granted,  said  corporation  shall  have  the  general 
powers  usually  possessed  by  New  Hampshire  business  corporations  and 
is  authorized  to  do  all  things  necessary  or  incidental  to  all  the  foregoing 
powers.  The  management  of  said  corporation  shall  be  vested  in  a  board 
of  five  directors  of  which  the  chairman  of  the  state  board  of  education 
and  the  commissioner  of  education  shall  be  members  ex  officio  and  the 
remaining  three  directors  appointed  by  the  governor  with  the  advice 
and  consent  of  the  council  for  terms  of  three  years  and  until  their  suc- 
cessors are  appointed  and  have  qualified;  provided,  however,  that  the 
first  three  appointments  to  the  board  shall  be  for  terms  of  one,  two  and 
three  years,  respectively.  The  governor  shall  designate  one  of  said  di- 
rectors as  chairman.  The  board  shall  adopt  and  may  from  time  to  time 
amend  by-laws  governing  their  procedure  and  adopt  a  corporate  seal  and 


568  Chapter  277  [1963 

shall  cause  records  of  their  proceedings  to  be  kept  by  a  secretary  to  be 
appointed  by  them  from  their  membership.  The  state  treasurer  shall, 
ex  officio,  serve  as  treasurer  and  fiscal  officer  of  the  corporation,  without 
vote.  The  corporation  shall  be  liable  to  suit  in  the  same  manner  as  a 
private  corporation  and  shall  have  the  power  to  institute  and  prosecute  in 
its  own  name  or  in  the  name  of  the  state,  suits  at  law  or  in  equity  or 
special  proceedings  in  any  courts  of  this  or  any  other  state  or  in  any  fed- 
eral courts.  All  property  of  the  corporation  shall  be  exempt  from  levy 
and  sale  by  virtue  of  an  execution,  and  no  judgment  against  the  corpora- 
tion shall  be  a  lien  on  its  property. 

II.  The  directors,  except  the  commissioner  of  education,  shall  receive 
as  compensation  for  their  services,  while  actually  engaged  on  the  business 
of  the  authority,  the  sum  of  eight  dollars  per  day  plus  their  necessary 
travel  and  subsistence  expenses  while  engaged  therein;  and  the  governor 
is  authorized  to  draw  his  warrant  for  said  sums  out  of  any  money  in  the 
treasury  not  otherwise  appropriated;  the  treasury  to  be  later  reimbursed 
as  hereinafter  provided. 

III.  If  a  vacancy  shall  occur  by  death,  resignation  or  otherwise  of 
those  appointed  as  directors  of  the  authority,  the  governor,  with  the  ad- 
vice and  consent  of  the  council,  shall  fill  the  same  for  the  unexpired  term. 
The  governor  and  council  may  at  any  time  remove  a  director  appointed 
by  them,  for  inefficiency,  neglect  of  duty,  or  malfeasance  in  office;  but 
no  such  director  shall  be  removed  without  a  hearing  after  reasonable 
notice  in  writing  of  the  charges  against  him. 

195-B:4  Application.  Whenever  a  district  or  a  cooperative  district 
shall  desire  a  public  loan  hereunder  to  provide  funds  for  an  eligible  proj- 
ect, it  may  apply  for  such  loan  to  the  commissioner  of  education,  furnish- 
ing such  information  concerning  the  project,  the  cost  of  the  project,  and 
the  financing  thereof  and  employing  such  application  form,  as  the  com- 
missioner shall  prescribe.  If  the  application  is  found  by  the  commissioner 
to  be  in  proper  form,  he  shall  refer  the  same  to  the  board  of  directors  of 
the  authority  for  further  proceedings. 

I95-B:5  Investigation  and  Tentative  Approval.  The  board  of  direc- 
tors shall  inquire  into  and  consider  all  such  applications.  The  attorney 
general,  his  deputy  or  one  of  the  assistant  attorneys  general  shall  partici- 
pate in  the  deliberations  of  the  board  as  legal  adviser,  without  vote.  The 
board  shall  hold  such  hearings  as  it  deems  advisable  on  each  application, 
shall  consider  all  evidence  offered  in  support  of  or  in  opposition  to  each 
such  project,  and  if  it  finds  that  such  project  is  within  the  scope  of  this  act, 
will  be  of  public  use  and  benefit,  and  can  be  financed  without  reasonable 
risk  of  loss  to  the  authority,  it  may  approve  such  application  in  whole, 
in  part,  or  with  amendments,  setting  forth  in  its  written  order  of  approval 
the  amount  of  the  loan  approved  by  it,  the  ultimate  maturity  date  or 
dates,  terms  of  repayment  to  the  authority  with  interest  at  the  state  rate. 


1963]  Chapter  277  569 

and  such  other  conditions  and  restrictions  as  it  finds  advisable  to  protect 
the  public  interest.  In  considering  the  possible  risk  of  loss,  if  the  loan  is 
to  be  made  to  a  district,  the  loan  shall  be  considered  as  being  made  on 
the  credit  of  the  annual  rental  charge  per  pupil  payable  by  the  sending 
districts  to  the  receiving  district  and  the  annual  state  school  building  aid 
payable  under  RSA  198:'15-b,  as  amended,  on  account  of  such  loan.  The 
ultimate  maturity  date  shall  be  measured  by  the  expectable  useful  life 
of  the  project  and  in  no  event  later  than  thirty  years  after  the  inception 
of  the  loan,  as  determined  by  the  board;  but  the  board  may  subsequently 
extend  the  maturity  date  for  good  cause  shown.  The  board  shall  cause  to 
be  kept  a  written  transcript  of  its  proceedings  on  all  such  applications. 
The  rejection  of  any  application  by  the  board  shall  not  be  subject  to 
review  by  other  authority.  The  amount  which  the  authority  may  loan  to 
a  district  on  a  single  project  shall  not  exceed  the  cost  of  the  project,  as 
approved  by  the  board,  less  the  share  thereof  of  the  receiving  district  to 
be  borrowed  by  obligating  its  own  credit  under  RSA  33  as  amended,  as 
previously  determined  by  the  state  board  of  education.  The  amount  which 
the  authority  may  loan  to  a  cooperative  district  on  a  single  project  shall 
not  exceed  fifty  per  cent  of  the  cost  of  the  project,  as  approved  by  the 
board. 

195-B:6  Final  Approval.  The  record,  findings  and  order  of  approval 
of  the  board  of  directors,  if  it  shall  approve  an  application  in  whole,  in 
part,  or  with  amendments,  shall  be  submitted  to  the  governor  for  con- 
sideration. The  governor  with  the  advice  and  consent  of  the  council 
may  approve  in  whole  or  approve  with  amendments  the  order  of  the 
board.  In  case  the  governor  disapproves  or  the  council  withholds  its  con- 
sent, the  pending  application  shall  be  considered  as  finally  rejected.  The 
written  decision  of  the  governor,  consented  to  by  the  council,  approving 
the  order  of  the  board  or  approving  the  same  with  amendments  shall 
constitute  the  legal  basis  for  the  proposed  loan  to  such  district  or  coop- 
erative district  by  the  authority. 

195-B:7  Notes  and  Assignment  of  Revenues.  All  such  loans,  at  the 
closing  thereof,  shall  be  evidenced  by  the  serial  note  or  notes  of  the  re- 
ceiving district  or  cooperative  district  signed  by  at  least  a  majority  of  its 
school  board  and  countersigned  by  the  district  treasurer,  sealed  with  its 
seal  and  payable  to  the  order  of  the  authority.  Such  notes  shall  be  general 
obligations  of  a  cooperative  district  when  authorized  as  provided  in  RSA 
33  and  executed  and  delivered  as  herein  provided.  Such  notes  shall  not 
be  general  obligations  of  the  receiving  district,  but,  when  authorized  as 
provided  in  RSA  195-A:7  and  executed  and  delivered  as  herein  provided, 
they  shall  be  deemed  special  revenue  obligations  of  the  receiving  district 
payable  only  out  of  that  portion  of  the  tuition  paid  by  the  sending  dis- 
trict which  is  designated  as  annual  rental  charge  per  pupil  as  defined  in 
RSA  195-A:1  and  assigned  for  such  purpose,  and  the  annual  payments 
of  state  school  building  aid  under  RSA  198:15-b  as  amended  on  account 


570  Chapter  277  [1963 

of  such  notes.  The  district  or  the  cooperative  district  may  anticipate  prin- 
cipal payments  on  such  notes  in  such  amount  as  it  may  elect  at  any  time 
out  of  available  revenue.  At  the  closing  of  such  loan  to  a  district,  the 
receiving  district  acting  by  its  school  board  shall  also  execute  and  deliver 
a  written  instrument  irrevocably  assigning  and  pledging  to  the  authority 
for  the  term  of  such  loan  or  until  paid  in  full  with  interest,  that  portion 
of  the  tuition  payments  due  from  sending  districts  which  is  designated 
as  annual  rental  charge  per  pupil  or  so  much  thereof  as  may  be  required 
by  the  authority;  and  the  district  or  the  cooperative  district  acting  by  its 
school  board  shall  execute  and  deliver  such  other  legal  instruments  to 
secure  the  rights  of  the  authority  as  may  reasonably  be  required.  The 
closing  of  the  loan  on  each  finally  approved  application  shall  be  super- 
vised by  the  attorney  general,  his  deputy  or  one  of  the  assistant  attorneys 
general,  who  shall  prescribe  the  number,  kind  and  form  of  all  instru- 
ments found  reasonably  necessary  by  him  to  consummate  such  loan,  con- 
sistently with  the  standards  of  this  act.  The  rate  of  interest  payable  by 
the  district  or  the  cooperative  district  to  the  authority  on  such  loan  shall 
be  the  state  rate. 

195-B:8  Service  Charge.  The  principal  amount  of  the  loan  made 
by  the  authority  to  the  district  or  the  cooperative  district  shall  in  each 
case  be  automatically  increased  by  an  initial  service  charge  sufficient  to 
defray  the  actual  or  estimated  cost  to  the  state  or  the  authority  of  process- 
ing the  application  for  such  loan  and  issuing  bonds  or  notes  to  provide 
funds  for  such  loan  including  administrative  overhead  cost,  as  determined 
by  the  board,  but  not  exceeding  one  per  cent  in  any  case.  Such  service 
charge  shall  be  paid  by  the  district  or  cooperative  district  to  the  treasurer 
at  the  closing,  out  of  the  proceeds  of  the  loan,  but  such  payment  shall  not 
reduce  the  principal  amount  due  on  the  loan  as  evidenced  by  the  note  or 
notes  of  the  district  or  cooperative  district. 

195-B:9  Bonds  Authorized.  The  authority  is  hereby  authorized  to 
provide  by  resolution  from  time  to  time  for  the  issuance  of  bonds  for  the 
purpose  of  obtaining  funds  to  make  approved  loans  to  districts  or  coop- 
erative districts  hereunder  as  provided  in  sections  5  and  6.  The  bonds 
of  the  authority  shall  not  be  a  debt  of  the  state,  except  as  provided  in 
section  13,  but  shall  be  payable  solely  from  the  payments  received  or 
recovered  from  districts  or  cooperative  districts.  Any  provision  of  any 
law  to  the  contrary  notwithstanding,  any  bonds  issued  pursuant  to  this 
act  shall  be  fully  negotiable.  In  case  any  of  the  members  of  the  authority 
whose  signatures  appear  on  the  bonds  or  coupons  shall  cease  to  be  such 
members  before  the  delivery  of  such  bonds,  such  signatures  shall  never- 
theless be  valid  and  sufficient  for  all  purposes  the  same  as  if  such  members 
had  remained  in  office  until  such  delivery.  The  authority  may  in  the 
resolution  authorizing  prospective  issues  provide  as  to  such  bonds: 

(1)    the  manner  of  executing  the  bonds  and  coupons; 


1963]  Chapter  277  571 

(2)  the  form  and  denomination  thereof; 

(3)  maturity  dates  thereof; 

(4)  the  interest  rates  thereon; 

(5)  for  redemption  prior  to  maturity  and  the  premium  payable 
therefor; 

(6)  the  place  or  places  for  the  payment  of  interest  and  principal; 

(7)  for  registration  if  the  authority  deems  such  to  be  desirable; 

(8)  for  the  pledge  of  all  or  any  of  the  revenues  for  securing  pay- 
ment; 

(9)  for  the  replacement  of  lost,  destroyed  or  mutilated  bonds; 

(10)  the  setting  aside  of  reserve  and  sinking  funds  and  the  regula- 
tion and  disposition  thereof; 

(11)  for  limitation  on  the  issuance  of  additional  bonds; 

(12)  for  the  procedure,  if  any,  by  which  the  contract  with  the  bond- 
holder may  be  abrogated  or  amended; 

( 1 3)  for  the  manner  of  sale  and  purchase  thereof; 

(14)  for  covenants  against  pledging  of  any  of  the  revenues  of  the 
projects  in  priority  to  such  bonds; 

(15)  for  such  other  covenants  as  to  costs  and  charges  as  the  authority 
shall  determine; 

(16)  for  covenants  as  to  the  rights,  liabilities,  powers  and  duties  of 
bondholders  and  of  the  authority  arising  upon  the  breach  by  the  author- 
ity of  any  covenant,  condition  or  obligation,  and  as  to  the  appointment, 
powers  and  duties  of  a  trustee  as  representative  of  bondholders  in  case 
of  such  breach; 

(17)  for  covenants  as  to  the  bonds  to  be  issued  and  as  to  the  issu- 
ance of  said  bonds  in  escrow  and  otherwise  and  as  to  the  use  and  disposi- 
tion of  the  proceeds  thereof; 

(18)  for  limitations  upon  the  exercise  of  the  powers  conveyed  upon 
the  authority  by  this  act; 

(19)  for  the  issuance  of  such  bonds  in  series  thereof;  and 

(20)  the  performance  by  the  authority  of  any  and  all  such  acts  and 
things  as  may  be  necessary  or  convenient  or  desirable  to  secure  its  bonds 
or  in  the  absolute  discretion  of  the  authority  as  will  tend  to  make  the 
bonds  more  marketable,  notwithstanding  that  such  acts  or  things  may 
not  be  enumerated  therein. 

195-B:10  Interim  Certificates.  Prior  to  the  issuance  of  the  bonds 
hereunder,  the  authority  may  issue  interim  certificates  in  such  manner 
and  with  such  conditions  as  the  authority  may  determine  to  be  exchanged 
for  such  bonds  when  issued. 

195«B:11  Issuance  of  Temporary  Notes  and  Purchase  by  the  State 
Treasurer.  The  authority,  with  the  approval  of  the  governor  and  council, 
may  issue  to  the  treasurer  its  temporary  notes,  subject  to  the  limitations 
as  provided  in  this  act,  in  an  amount  outstanding  at  any  one  time  suffi- 
cient to  enable  the  authority  to  carry  out  its  functions  under  this  act  or 


572  Chapter  277  [1963 

any  other  provision  of  law,  such  notes  to  mature  not  more  than  three 
years  from  their  respective  dates  of  issue,  to  be  redeemable  at  option  of 
the  authority  before  maturity  in  such  manner  as  may  be  stipulated  in 
such  obligation.  Each  such  obligation  shall  bear  interest  at  a  rate  deter- 
mined by  the  treasurer,  taking  into  consideration  the  current  average 
rate  on  outstanding  marketable  obligations  of  the  state  as  of  the  last  day 
of  the  month  preceding  the  issuance  of  the  obligation  of  the  authority. 
Notwithstanding  the  provisions  of  any  other  law,  the  treasurer,  with  the 
approval  of  the  governor  and  council,  is  authorized  to  purchase  the  tem- 
porary notes  of  the  authority  to  be  issued  hereunder,  and  any  funds  over 
which  the  state  has  exclusive  control  may  be  used  for  this  purpose. 

195-B:12  Debt  Limitation.  The  authority  shall  not  issue  its  tem- 
porary notes,  interim  certificates,  or  bonds  as  provided  by  this  act  at  any 
one  time  in  an  amount  exceeding  ten  million  dollars. 

195-B:13  Bonds  Guaranteed.  The  governor,  with  the  advice  and 
consent  of  the  council,  is  hereby  authorized  and  directed  in  the  name 
of  the  state  to  guarantee,  in  such  manner  as  may  be  determined,  the  pay- 
ment of  the  whole  of  the  principal  and  interest  of  any  bonds  which  shall 
be  issued  by  the  authority.  The  full  faith  and  credit  of  the  state  shall  be 
and  hereby  is  pledged  to  the  performance  of  such  guarantee  of  the  state. 
In  the  event  that  the  authority  shall  default  in  payment  of  interest  or 
principal  upon  any  of  the  bonds  so  guaranteed  by  the  state,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  draw  his  warrant  upon 
the  treasury  out  of  any  money  not  otherwise  appropriated  for  the  pay- 
ment of  such  interest  or  principal  to  the  extent  of  such  guarantee,  and 
the  sums  so  paid  shall  be  recoverable  from  the  authority.  Any  provision 
of  any  law  to  the  contrary  notwithstanding,  bonds  of  the  authority,  when 
guaranteed  hereunder,  shall  be  considered  as  authorized  bonds  of  the 
state  for  the  purposes  of  investment  by  savings  banks,  insurance  com- 
panies, trustees  and  other  such  institutions. 

195-B:14  Proceeds  of  Bond  Issues.  So  far  as  reasonably  possible, 
consistent  with  prudent  public  financing,  each  issue  of  bonds  by  the  au- 
thority shall  be  made  for  the  purpose  of  providing  funds  for  a  specific  loan 
or  loans  authorized  hereunder,  and  the  date  of  maturity  and  terms  of 
amortization  thereof  shall  be  correlated  as  closely  as  is  reasonably  feasible 
to  the  provisions  of  each  such  loan  or  loans  by  the  authority  to  a  district 
or  cooperative  district.  The  proceeds  of  the  sale  of  such  bonds  or  of  tem- 
porary notes  issued  prior  thereto  shall  be  held  by  the  treasurer  and  paid 
out  by  him,  from  time  to  time,  upon  order  of  the  board  or  subject  to  its 
resolution,  for  the  purposes  of  this  act,  the  treasurer  taking  in  exchange 
such  evidence  of  indebtedness  and  other  legal  instruments  as  shall  have 
been  approved  as  herein  provided.  The  treasurer  shall  be  custodian  of 
all  such  notes  and  other  instruments. 

195-B:15  Rules  and  Regulations.  The  authority  shall  have  power  to 
prescribe  reasonable  rules  and  regulations  to  carry  out  the  purposes  of 


1963]  Chapter  277  573 

this  act  and  to  ensure  proper  expenditure  of  funds  loaned  hereunder. 
The  authority  may,  by  agreement  with  the  district  or  cooperative  district, 
advance  the  loaned  funds  in  installments  as  the  work  on  a  project  pro- 
gresses and  may  require  evidence  of  satisfactory  progress  of  the  project 
in  connection  with  the  payment  of  each  loan  installment.  Personnel  of 
the  authority  shall  collaborate  with  personnel  of  the  state  board  of  edu- 
cation in  furnishing  advisory  services  and  recommendations  regarding 
building  plans  and  specifications  as  provided  in  RSA  199:1  and  RSA 
198:15-band  15-c. 

195-B:16    Application  of  State  School  Building  Aid  Payments.    To 

avoid  circuity  of  payment,  that  portion  of  each  annual  state  grant  of 
school  building  aid  payable  to  a  district  or  cooperative  district  as  pro- 
vided in  RSA  il98:15-a  to  15-c,  inclusive,  as  amended,  which  represents 
the  amount  of  principal  repayable  in  the  year  by  the  district  or  coopera- 
tive district  to  the  authority  on  a  loan  hereunder,  shall  be  deducted  by 
the  state  board  of  education  from  the  annual  grant  due  such  district  or 
cooperative  district  and  paid  by  the  state  board  directly  to  the  authority, 
which  shall  apply  such  payment  to  reduction  of  the  principal  sum  owed 
by  the  district  or  cooperative  district  to  the  authority.  If  in  any  year  the 
full  grant  due  under  RSA  198:15-a  to  15-c,  inclusive,  as  amended,  is  not 
paid  by  the  state,  the  lesser  amount  available  shall  be  proportionately 
apportioned  between  the  other  direct  obligations  of  the  district  or  coop- 
erative district  and  its  debt  to  the  authority,  and  the  proper  amount  so 
determined  shall  be  deducted  and  paid  by  the  state  board  to  the  author- 
ity, to  be  applied  as  aforesaid. 

195-B:17  Implied  Provisions.  The  provisions  of  this  chapter  shall 
be  implicit  in  the  terms  of  every  loan  granted  hereunder,  whether  ex- 
pressly agreed  to  or  otherwise. 

277:2  Cooperative  School  Districts.  Amend  RSA  198  by  adding  at 
the  end  thereof  the  following  new  section:  198:18  Cooperative  School 
District  Aid.  I.  As  an  incentive  to  the  pre-existing  districts  which,  here- 
tofore or  hereafter,  undertake  the  obligations  of  a  cooperative  school 
district,  the  state  board  shall,  from  funds  appropriated  by  the  general 
court  to  carry  out  the  provisions  hereof,  pay  annually  to  each  cooperative 
school  district  sums  in  accordance  with  the  following  schedule:  For  each 
pupil  from  a  pre-existing  district  who  attends  a  cooperative  school  located 
in  another  pre-existing  district  in  average  daily  membership  in  the  pre- 
ceding school  year,  in  a  cooperative  elementary  school,  forty-five  dollars; 
in  a  cooperative  junior  high  school  or  equivalent  program,  sixty  dollars; 
and  in  a  cooperative  high  school,  seventy-five  dollars. 

II.  As  of  June  thirtieth  in  each  year  the  state  board  shall  cause  to 
be  computed  the  amount  of  annual  grants  to  be  paid  to  cooperative  school 
districts  in  the  succeeding  fiscal  year  based  upon  average  daily  member- 
ships in  the  preceding  fiscal  year.  If  in  any  year  the  amount  appropriated 


574  Chapter  277  [1963 

for  distribution  hereunder  is  insufficient  therefor,  the  available  appro- 
priation shall  be  apportioned  proportionately  among  the  several  coop- 
erative school  districts.  Any  available  appropriation  not  fully  distributed 
in  the  first  year  of  any  biennium  may  be  distributed  in  the  second  year 
if  required  to  meet  the  formula  established  in  the  preceding  paragraph. 

277:3  Building  Aid  for  Area  Schools.  Amend  RSA  198:15-b  (supp) 
as  inserted  by  1955,  335:9  and  amended  by  1957,  301:1,  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  198:15-b 
Amount  of  Annual  Grant.  The  amount  of  the  annual  grant  to  any  school 
district  duly  organized,  any  city  maintaining  a  school  department  within 
its  corporate  organization,  any  cooperative  school  district  as  defined  in 
RSA  195:il,  or  any  receiving  district  operating  an  area  school  as  defined 
in  RSA  195-A:1,  shall  be  a  sum  equal  to  thirty  per  cent  of  the  amount 
of  the  annual  payment  of  principal  on  all  outstanding  borrowings  of  the 
school  district,  city,  cooperative  school  district  or  receiving  district,  here- 
tofore or  hereafter  incurred,  including  loans  made  by  the  New  Hamp- 
shire school  building  authority,  for  the  cost  of  construction  of  school 
buildings,  to  the  extent  approved  by  the  state  board  of  education,  pro- 
vided that  the  amount  of  the  annual  grant  in  the  case  of  a  cooperative 
school  district,  or  a  receiving  district  operating  an  area  school,  shall  be 
forty  per  cent  plus  five  per  cent  for  each  pre-existing  district  in  excess  of 
two  and  each  sending  district  in  excess  of  one,  and  provided  further  that 
no  cooperative  school  district,  or  receiving  district  operating  an  area 
school,  shall  receive  an  annual  grant  in  excess  of  fifty-five  per  cent.  The 
state  board  of  education  may  withhold  approval  of  grants  hereunder 
from  any  district,  whenever,  in  their  opinion,  the  number  of  students  is 
so  small  that  other  arrangements  could  provide  better  and  more  econom- 
ical educational  facilities.  For  the  purposes  of  computing  grants  here- 
under the  amount  of  the  annual  payment  of  principal  shall  be  increased 
by  an  amount  equal  to  the  amount  of  capital  reserve  and/or  amount 
raised  by  taxation  which  was  actually  expended  in  the  construction  of 
the  school  building  divided  by  the  number  of  years  for  which  bonds  or 
notes  were  issued  to  provide  funds  for  such  school  building.  For  the  pur- 
poses of  this  subdivision  construction  shall  include  the  acquisition  and 
development  of  the  site,  construction  of  a  new  building  and/or  additions 
to  existing  buildings  including  alterations  providing  additional  pupil 
capacity,  architectural  and  engineering  fees,  purchase  of  equipment  and 
any  other  costs  necessary  for  the  completion  of  the  building  as  approved 
by  the  state  board  of  education. 

277:4  Repeal.  RSA  198:15-f  (supp)  as  amended  by  1957,  301:4  and 
1961,  265:1,  relative  to  additional  grants,  is  hereby  repealed  effective 
July  1,  1964,  but  such  repeal  shall  not  affect  payments  due  to  school  dis- 
tricts on  account  of  acceptance  of  tuition  students  during  the  school  year 
ending  June  30,  1964. 


1963]  Chapter  278  575 

277:5  Appropriation.  There  is  hereby  appropriated  for  the  purposes 
of  RSA  195-B  and  the  expenses  of  the  New  Hampshire  school  building 
authority  for  the  fiscal  year  ending  June  30,  1965,  the  sum  of  twenty-five 
hundred  dollars  and  the  governor  is  hereby  authorized  to  draw  his  war- 
rant for  said  sum  upon  any  monies  in  the  treasury  not  otherwise  appro- 
priated. 

277:6    Takes  Effect.    This  act  shall  take  effect  on  July  1,  1964;  pro- 
vided, hou^ever,  that  for  purposes  of  planning  for  area  schools,  sections  1, 
2  and  paragraphs  I,  II,  III,  IV,  V,  and  VI  of  section  3  of  RSA  1195-A  as 
hereby  inserted  shall  take  effect  on  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  date: 

Sections  1,  2  and  paragraphs  I,  II,  III,  IV, 

V  and  VI  of  Section  3  of  RSA  1 95-A  effective 

July  1,  1963;  remainder  of  Act  effective  July 

1,  1964.] 


CHAPTER  278. 

AN  ACT  PROVIDING  FOR  THE  INCORPORATION  OF  A  PUBLIC  AUTHORITY  FOR  THE 

PURPOSE  OF  THE  OPERATION  OF  TRANSIT  COMPANIES 

OPERATING  WITHIN  MUNICIPALITIES. 

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

278:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  38  the 
following  new  chapter: 

Chapter  38-A 

Municipal  Transit  Authority 

38-A:l  Authority  Granted.  Towns  and  cities  are  hereby  authorized 
and  empowered  to  incorporate  a  public  authority  for  the  purpose  of 
acquiring,  owning,  and  operating,  or  causing  to  be  operated,  a  mass 
transportation  system  within  such  city  or  town.  As  used  herein,  the  term 
"mass  transportation  system"  means  all  real  and  personal  property,  of 
whatever  nature,  and  rights  used  or  useful  for  transportation  of  passengers 
for  hire,  except  taxicabs  and  airport  limousines. 

38-A:2  Articles  of  Incorporation.  The  incorporation  of  any  such 
authority  shall  be  accomplished  by  adoption  of  articles  of  incorporation 
by  the  city  council,  aldermen,  town  council,  or  selectmen,  in  the  same 
manner  and  by  the  same  procedure  as  such  city  or  town  enacts  ordinances, 
except  that  no  such  articles  of  incorporation  shall  take  effect  until  after 
a  public  hearing  in  relation  thereto.  Notice  of  the  time  and  place  of  such 
hearing  shall  be  published  in  a  paper  of  general  circulation  in  such  town 
or  city  at  least  thirty  days  before  such  articles  of  incorporation  shall  be- 


576  Chapter  278  [1963 

come  effective.  Within  five  days  after  the  effective  date  of  such  articles 
of  incorporation,  one  printed  copy  thereof,  certified  as  a  "true  copy"  by 
the  town  or  city  clerk  of  such  town  or  city,  shall  be  filed  with  the  secretary 
of  state.  The  authority  shall  become  operative  at  the  time  provided  in  the 
articles  of  incorporation. 

38.A:3  —  Contents.  The  articles  of  incorporation  shall  state  the 
name  of  the  authority,  the  purposes  for  which  it  is  created,  the  power, 
duties,  and  limitations  of  the  authority  and  its  officers,  the  method  of 
electing  its  governing  body  and  officers,  and  any  other  matters  which 
such  city  or  town  council,  aldermen,  or  selectmen  shall  deem  advisable, 
all  of  which  shall  be  subject  to  the  provisions  of  the  constitution  of  the 
state  of  New  Hampshire  and  of  this  chapter. 

38-A:4  Governing  and  Administrative  Bodies  of  the  Authority.   The 

authority  shall  be  composed  of  five  members  who  shall  be  appointed  by 
the  board  of  aldermen,  city  council,  or  selectmen  in  such  town  or  city  as 
follows:  One  member  to  serve  for  a  period  of  five  years,  one  member  to 
serve  for  a  period  of  four  years,  one  member  to  serve  for  a  period  of  three 
years,  one  member  to  serve  for  a  period  of  two  years,  and  one  member  to 
serve  for  a  period  of  one  year.  Each  member  shall  serve  for  the  term  for 
which  he  is  appointed  and  until  his  successor  has  been  appointed  and 
qualified.  Members  shall  be  eligible  for  reappointment.  Beginning  with 
the  first  appointment  made  due  to  expiration  of  term  members  shall  be 
appointed  to  serve  for  a  period  of  five  years.  Vacancies,  whether  occur- 
ring by  expiration  of  term,  by  resignation,  or  for  other  cause  shall  be 
filled  by  the  appropriate  board  of  aldermen,  city  council,  or  board  of 
selectmen.  Appointment  shall  be  for  the  unexpired  term  when  made  to 
fill  vacancies  created  by  cause  other  than  expiration  of  term.  If  the  officials 
who  have  the  power  and  duty  of  appointment  shall  fail  to  fill  any  vacancy 
within  thirty  days  following  the  creation  thereof,  then  such  vacancy  may 
be  filled  by  the  remaining  members  of  the  authority. 

38-A:5  Requirements;  Compensation.  Each  member  of  the  author- 
ity shall  be,  and  shall  hold  office  only  so  long  as  he  is,  a  resident  of  and 
registered  voter  in  the  town  or  city  in  which  the  authority  is  located. 
Each  member  of  the  authority  shall  be  reimbursed  for  actual  necessary 
traveling  and  other  expenses  incurred  by  him  in  the  performance  of  his 
duties,  payable  exclusively  out  of  funds  of  the  authority  available  there- 
for. No  member  of  the  authority  shall  be  allowed  any  other  fees,  pre- 
requisites, or  emoluments,  reward  or  compensation  for  his  services  as  a 
member  of  the  authority. 

38-A:6  Limitations.  No  person  shall  be  eligible  for  membership 
who  at  the  time  of  his  appointment  to  such  authority  holds  any  remunera- 
tive public  office  or  position  or  any  employment  for  compensation  (except 
as  an  independent  contractor)  with  the  United  States,  the  state  of  New 
Hampshire,  or  any  political  subdivision  of  either. 


1963]  Chapter  278  577 

38-A:7  Officers.  The  authority  shall  appoint  a  chairman,  who  shall 
be  a  member  of  the  authority,  and  shall  appoint  a  secretary  and  treasurer. 
The  authority  may  also  appoint  a  vice  chairman  from  its  members,  said 
vice  chairman  to  act  as  chairman  in  the  absence  or  inability  of  the  chair- 
man. The  secretary  may  be  a  member  of  the  authority.  The  treasurer 
shall  not  be  a  member  of  the  authority.  The  authority  may  appoint  a 
general  manager,  to  hold  office  during  the  pleasure  of  the  authority,  and 
subject  to  the  general  control  of  the  authority. 

38-A:8  Bond  of  Treasurer.  The  treasurer  shall  execute  a  bond  with 
corporate  sureties  to  be  approved  by  the  authority,  which  bond  shall  be 
payable  to  the  authority  in  whatever  penal  sum  may  be  directed  by  the 
authority  conditioned  upon  the  faithful  performance  of  the  duties  of  the 
office  and  the  payment  of  all  money  received  by  him  according  to  law 
and  the  orders  of  the  authority. 

38-A:9  Quorum.  A  majority  of  the  members  of  the  authority  con- 
stitute a  quorum  for  the  transaction  of  business  and  all  action  of  the 
authority  shall  be  by  a  majority  vote  of  its  members. 

38-A:10  General  Powers  and  Duties  of  the  Authority.  I.  The  au- 
thority may  adopt  a  seal  to  be  impressed  upon  its  instruments,  and  may 
provide  for  the  impression  of  such  seal  by  printed  or  lithographed  fac- 
simile thereof.  Any  executed  instrument  bearing  the  seal  of  the  authority 
shall  be  prima  facie  evidence  of  its  execution  by  the  authority  and  that 
its  execution  was  duly,  regularly,  and  legally  authorized  by  the  authority. 

II.  The  authority  may  contract  with  any  department  or  agency  of 
the  United  States  of  America  or  of  the  state  of  New  Hampshire  or  with 
any  public  corporation  upon  such  terms  and  conditions  as  the  authority 
finds  is  for  the  authority's  best  interests. 

III.  The  authority  shall  have  the  power  to  apply  for  and  accept 
grants  and  loans  from  any  department  or  agency  of  the  United  States  of 
America  to  be  used  for  any  of  the  purposes  of  the  authority  and  to  enter 
into  any  agreement  with  such  department  or  agency  in  relation  to  such 
grants  or  loans;  provided  that  such  agreement  does  not  conflict  with  any 
of  the  provisions  of  any  resolution  securing  the  payment  of  bonds  of 
the  authority. 

IV.  The  authority  shall,  by  resolution,  make  all  rules  and  regula- 
tions governing  the  use,  operation,  and  maintenance  of  the  system  and 
shall  determine  all  routings  and  change  the  same  whenever  it  is  deemed 
advisable  by  the  authority;  provided,  however,  that  any  revenue  bond 
indenture  may  place  limitations  and  conditions  upon  the  exercise  of 
such  powers  or  any  part  thereof. 

V.  The  authority  shall  have  the  power  to  lease  the  system  or  any 
part  thereof  to,  or  contract  for  the  use  of  the  system  or  any  part  thereof 


578  Chapter  278  [1963 

by,  any  operator;  provided,  however,  that  any  revenue  bond  indenture 
may  prohibit,  limit,  or  restrict  the  exercise  of  such  power. 

VI.  The  authority  shall  have  the  power  to  deposit  any  monies  of 
the  authority,  in  accordance  with  the  provisions  of  the  general  laws  of 
the  state  of  New  Hampshire  governing  the  deposit  of  public  monies  for 
the  city  or  town  in  which  the  authority  operates,  in  such  bank  or  banks  in 
the  state  of  New  Hampshire  as  may  be  authorized  to  receive  deposits  of 
public  funds. 

VII.  The  authority  may  adopt  such  rules  and  regulations  as  may 
be  necessary  to  enable  it  to  exercise  the  powers  and  perform  the  duties 
conferred  or  imposed  upon  it  by  this  chapter. 

VIII.  The  authority  may  sue  and  be  sued  in  all  courts  of  competent 
jurisdiction. 

IX.  The  authority  may  provide  for  the  appointment  of  or  engage- 
ment of  such  officers,  attorneys,  engineers,  consultants,  agents,  and  em- 
ployees as  may  be  necessary  for  any  purpose  of  the  authority.  It  may 
require  bonds  of  any  such  officers  or  employees. 

X.  The  authority  may  issue  bonds  for  the  implementation  of  any 
project  of  the  authority,  including  acquisition  of  property,  or  the  paying 
off  of  any  debt  or  obligation  of  the  authority.  The  authority  may  issue 
such  types  of  bonds  as  may  be  determined  by  the  members  of  said  au- 
thority, including  certificates  on  which  principal  and  interest  are  payable: 

(a)  Exclusively  from  incomes  or  revenues  of  the  operation  of  the 
authority  financed  with  the  proceeds  of  such  bonds  or  together  with  such 
proceeds  and  grants  from  any  instrumentality  or  other  person  or  corpora- 
tion in  aid  of  such  projects; 

(b)  Exclusively  from  income  and  revenues  of  certain  designated 
projects;  or 

(c)  From  revenues  of  the  authority  generally.  Any  such  bond  may 
be  additionally  secured  by  mortgage  of  the  system  or  any  part  thereof 
constituting  real  or  personal  property  of  the  authority. 

38-A:ll  Bonds.  The  revenue  bonds  of  the  authority  shall,  upon 
default  in  any  payment  of  interest  or  principal,  become  a  debt  of  the 
city  or  town  in  which  the  authority  operates.  Neither  the  members  of 
the  authority  nor  any  person  executing  bonds  on  behalf  of  the  authority 
shall  be  personally  liable  thereon  by  reason  of  the  issuance  thereof.  Reve- 
nue bonds  issued  by  the  authority  hereunder  shall  be  authenticated  and 
validated  in  accordance  with  the  procedure  set  forth  in  RSA  33:11,  and 
when  validated  the  judgment  of  validation  shall  be  final  and  conclusive 
with  respect  to  such  certificates  and  against  the  authority. 


1963]  Chapter  278  579 

38-A:12  —  Detaik.  Bonds  of  the  authority  shall  be  authorized  by 
its  resolution  and  may  be  issued  in  one  or  more  series  and  shall  bear  such 
date  or  dates,  mature  at  such  time  or  times,  bear  interest  at  such  rate  or 
rates,  be  in  such  denomination  or  denominations,  be  in  such  form,  either 
coupon  or  registered,  carry  such  conversion  or  registration  privileges, 
have  such  rank  or  priority,  be  executed  in  such  manner,  be  payable  in 
such  medium  of  payment,  at  such  place  or  places  and  be  subject  to  such 
terms  of  redemption  (with  or  without  premium)  as  such  resolutions,  its 
trust  indenture  or  mortgage  may  provide.  In  case  any  of  the  members  or 
officers  of  the  authority  whose  signatures  appear  on  any  bond  or  coupon 
shall  cease  to  be  such  members  or  officers  before  the  delivery  of  such 
bonds,  such  signatures  shall  nevertheless  be  valid  and  sufficient  for  all 
purposes.  All  bonds  may  be  signed  on  behalf  of  the  authority  by,  or  with 
the  facsimile  signatures  of,  such  persons  as  at  the  actual  date  of  such  execu- 
tion shall  be  the  proper  officers  authorized  by  resolution  of  the  authority 
to  execute  said  bonds,  notwithstanding  the  fact  that  on  the  day  said  bonds 
are  dated,  or  on  the  date  of  the  delivery  thereof,  any  such  person  shall 
not  have  been  such  officer. 

38-A:13  Obligations.  Obligations  of  the  authority  other  than  cer- 
tificates shall  be  payable  from  general  funds  of  the  authority  and  shall 
at  no  time  be  a  charge  against  any  special  fund  allocated  to  the  payment 
of  bonds  except  upon  payment  of  current  annual  maturities  and  reserves 
thereof. 

38-A:14  Bonds  as  Legal  Investments.  Notwithstanding  any  restric- 
tions on  investments  contained  in  any  laws  of  this  state,  the  state  and  all 
public  officers,  municipal  corporations,  political  sub-divisions,  and  pub- 
lic bodies,  all  banks,  bankers,  trust  companies,  savings  banks  and  institu- 
tions, building  and  loan  associations,  savings  and  loans  associations, 
investment  companies,  and  other  persons  carrying  on  a  banking  business, 
all  insurance  companies,  insurance  associations  and  other  persons  carry- 
ing on  an  insurance  business  and  all  executors,  administrators,  guardians, 
trustees,  and  other  fiduciaries  may  legally  invest  any  sinking  funds, 
monies  or  other  funds  belonging  to  them  or  within  their  control  in  any 
bonds  or  other  obligations  issued  by  the  authority  pursuant  to  this  chap- 
ter, when  such  bonds  or  other  obligations  are  secured  by  rentals  or  other 
monies  to  be  paid  by  the  United  States  of  America  or  any  department  or 
asencv  thereof,  and  such  bonds  and  other  obligations  shall  be  authorized 
security  for  all  public  deposits,  it  being  the  purpose  of  this  section  to  au- 
thorize any  persons,  firms,  corporations,  associations,  political  subdivi- 
sions, bodies  and  officers,  public  or  private,  to  use  any  funds  owned  or 
controlled  by  them,  including  (but  not  limited  to)  sinking,  insurance, 
investment,  retirement,  compensation,  pension  and  trust  funds,  and  funds 
held  on  deposit,  for  the  purchase  of  any  such  bonds  or  other  obligations; 
provided,  however,  that  nothing  contained  in  this  section  shall  be  con- 


580  Chapter  278  [1963 

strued  as  relieving  any  person,  firm,  or  corporation  from  any  duty  of 
exercising  reasonable  care  in  selecting  securities. 

38-A:15  Further  Powers.  The  authority  may  obligate  itself  for  the 
payment  of  bonds  and  other  debts  incurred  in  the  furtherance  of  its 
public  purposes  by  the  state  of  New  Hampshire,  or  by  any  county,  mu- 
nicipality, political  subdivision  or  public  corporation. 

38-A:16  Powers.  The  authority  shall  determine  the  time,  form, 
and  manner  of  the  issuance  of  its  bonds  and  the  specific  provisions  for, 
and  references  to  such  time,  form,  and  manner  heretofore  and  hereinafter 
set  forth  in  this  chapter  are  illustrative  of  its  powers  and  are  not  in  limita- 
tion thereof.  The  authority  may  designate  a  bank  or  trust  company, 
qualified  to  do  business  in  this  state,  as  a  trustee  for  the  authority  and 
the  holders  of  bonds  issued  hereunder,  and  may  authorize  the  trustee  to 
act  on  behalf  of  the  holders  of  the  bonds,  or  any  stated  percentage  thereof, 
and  to  exercise  and  prosecute  on  behalf  of  the  holders  of  the  bonds  such 
rights  and  remedies  as  may  be  available  to  the  holders. 

38-A:17  Regulation  of  Fares  by  the  Authority.  The  authority  may 
fix  rates,  fares,  tolls,  charges,  rents  or  other  charges  for  the  use  of  the 
system  acquired,  constructed,  operated,  or  maintained  by  the  authority 
and  may  alter,  change,  or  modify  the  same,  all  subject  to  the  covenants  of 
any  revenue  bond  indenture  pursuant  to  which  revenue  bonds  have  been 
issued  and  are  outstanding  which  contains  covenants  entered  into  by  the 
authority  with  respect  to  the  fixing  of  such  rates,  fares,  tolls,  charges, 
and  rents. 

38-A:18  Contracts  Made  by  the  Authority.  I.  The  authority  shall 
have  the  power  to  enter  into  contracts  and  agreements  which  it  considers 
to  be  in  the  interests  of  its  public  purposes  with  any  person  or  persons, 
with  any  public  or  quasi-public  corporation  with  any  state,  and  with  the 
United  States  and  any  department  or  agency  thereof.  It  shall  have  power 
(here  stated  in  illustration  and  not  in  Umitation  of  its  power),  to  enter 
into  agreements  for  the  joint  use  of  any  property  and  rights  by  the  au- 
thority and  by  any  public  utility  operating  any  transportation  facilities; 
to  enter  into  agreements  with  any  public  utility  operating  any  trans- 
portation facilities  either  within  or  without  the  metropolitan  area  for 
the  joint  use  of  any  property  of  the  authority  or  public  utility,  or  the 
establishment  of  through  routes,  joint  fares  and  transfer  of  passengers; 
and  to  enter  into  agreements  with  any  person,  or  public  corporation  or 
quasi-public  corporation  for  the  maintenance,  servicing,  storage,  opera- 
tion or  use  of  any  transit  facility,  property  or  equipment  on  such  basis 
as  shall  seem  to  the  authority  consonant  with  its  public  purposes. 

II.  The  authority  may  make  contracts,  leases  and  agreements  with 
any  department  or  agency  of  the  United  States  of  America  or  of  the  state 
of  New  Hampshire,  or  with  any  person  or  municipality  or  labor  union, 


1963]  Chapter  278  581 

and  may  generally  perform  all  acts  necessary  for  the  full  exercise  of  the 
powers  vested  in  it.  The  authority  may  acquire  rolling  stock  or  other 
property  under  conditional  sales  contracts,  leases,  equipment  trust  cer- 
tificates, or  any  other  form  of  contracts,  leases,  equipment,  trust  certifi- 
cates, or  any  other  form  of  contract  or  trust  agreement.  Contracts  may  be 
let  by  an  officer  or  employee  of  the  authority  or  by  the  superintending 
corporation  in  such  manner  as  may  be  authorized  from  time  to  time  by 
the  authority.  Any  revenue  bond  indenture  may  provide  limitations  up- 
on the  exercise  of  the  powers  stated  in  this  section  and  such  limitations 
shall  apply  so  long  as  any  of  the  revenue  bonds  issued  pursuant  to  such 
indenture  are  outstanding  and  unpaid. 

38-A:19  Public  Utilities  Commission.  The  authority  shall  not  be 
subject  to  regulation  by  the  New  Hampshire  public  utilities  commission 
except  that  such  authority  may  not  conduct  its  operations  beyond  the 
city  or  town  limits  in  which  it  is  located  without  the  approval  of  the 
public  utilities  commission  pursuant  to  procedure  provided  by  the  statute 
and  regulations  covering  said  commission  pertaining  to  similar  service 
by  other  common  carriers  operating  under  the  jurisdiction  of  said  com- 
mission. 

38-A:20  Tax  Exemption.  The  policy  of  the  state  of  New  Hampshire 
being  to  foster  and  insure,  by  means  of  an  authority  created  for  the  pur- 
pose, the  development  of  a  mass  rapid  transit  system  in  aid  of  a  munici- 
pality faced  with  the  necessity  of  a  publicly  sponsored  solution  of  transit 
needs  within  its  limits,  all  property  owned  or  operated  by  any  authority 
created  hereunder  shall  be  exempt  from  all  taxes,  fees,  or  other  charges 
levied  by  the  state  of  New  Hampshire  and  all  of  its  political  subdivisions 
and  taxing  districts,  and  such  authority  shall  likewise  be  required  to  pay 
no  taxes  or  assessments  upon  its  activities  or  upon  any  of  its  revenues. 

38-A:21     Constitutional  Construction  and  Legislative  Intent.    The 

provisions  of  this  chapter  are  severable,  and  if  any  of  its  provisions  shall 
be  held  unconstitutional  by  any  court  of  competent  jurisdiction,  the  de- 
cision of  such  court  shall  not  affect  or  impair  any  of  the  remaining  provi- 
sions; and  notwithstanding  any  other  evidence  of  legislative  intent,  it  is 
hereby  declared  to  be  the  controlling  legislative  intent  that  if  any  pro- 
visions of  this  chapter,  or  the  application  thereof  to  any  person  or  cir- 
cumstances is  held  invalid,  the  remainder  of  the  chapter  and  the  applica- 
tion of  such  provision  to  persons  or  circumstances  other  than  those  as  to 
which  it  is  held  invalid,  shall  not  be  affected  thereby.  Insofar  as  the  pro- 
visions of  this  chapter  are  inconsistent  with  the  provisions  of  any  other 
law,  the  provisions  of  this  chapter  shall  be  controlling. 

278:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


582  Chapter  279  [1963 

CHAPTER  279. 

AN  ACT  PROVIDING  FOR  CONTROL  OF  AQUATIC  NUISANCES  IN  ANY  OF  THE 
SURFACE  WATERS  OF  THE  STATE. 

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

279:1  Appropriation.  The  sum  of  twenty-four  thousand  dollars  is 
hereby  appropriated  to  be  expended  by  the  water  pollution  commission 
in  the  chemical  control  of  aquatic  nuisances  in  the  surface  waters  of  the 
state  as  defined  in  RSA  149.  The  commission  is  authorized  to  utilize  such 
methods  of  application  and  to  engage  such  personnel  and  equipment  as, 
in  its  judgment,  will  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  war- 
rant for  said  sum  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

279:2  Reports.  Monthly  progress  reports  shall  be  made  by  the 
commission  to  the  legislative  budget  assistant  in  such  form  as  he  may 
require. 

279:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  280. 

AN  ACT  RELATIVE  TO  NOTICES  OF  AND  TIME  FOR  HOLDING  TOWN  CAUCUSES. 

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

280:1  Nomination  by  Caucus.  Amend  RSA  56  by  inserting  after 
section  73  the  following  new  section:  56:73-a  Notice.  Any  caucus  held 
under  the  provisions  of  section  73  shall  be  called  by  a  notice  posted  in 
three  conspicuous  places  in  the  town  ten  days  or  more  before  the  day  of 
the  caucus,  provided  that  in  the  case  of  a  town  with  less  than  six  hundred 
inhabitants  the  notice  shall  be  posted  not  less  than  five  days  before  the 
caucus.  Such  notice  shall  specify  the  place,  day  and  hour  of  the  meeting. 

280:2  Town  Elections.  Amend  RSA  56  by  inserting  after  section  75 
the  following  new  section:  56:75-a  Small  Towns.  In  a  town  which  has 
the  Australian  ballot  system  for  the  election  of  town  officers  and  which 
has  less  than  forty-five  hundred  inhabitants  a  caucus  for  nomination  of 


1963]  Chapter  281  583 

candidates  for  said  election  shall  be  held  at  least  eight  days  prior  to  the 
day  of  election. 

280:3  Larger  Towns.  Amend  RSA  56  by  inserting  after  section  87 
the  following  new  section:  56:87-a  Time  for  Holding  Caucus.  Any  caucus 
held  under  the  provisions  of  this  subdivision  in  a  town  of  forty-five  hun- 
dred inhabitants  or  over  for  the  purpose  of  nominating  candidates  for 
election  at  the  town  meeting  under  the  Australian  system  shall  be  held  at 
least  ten  days  prior  to  the  day  of  said  election. 

280:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  281. 

AN  ACT  RELATIVE  TO  THE  RELOCATION  OF  A  PORTION  OF  THE  CENTRAL 
NEW  HAMPSHIRE  TURNPIKE. 

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

281:1  Massachusetts  Connection.  Amend  RSA  by  inserting  after 
chapter  257  the  following  new  chapter: 

Chapter  257-A 

Central  New  Hampshire  Turnpike  Connection 

257-A:  1  Authority  Granted.  For  the  purpose  of  connecting  the  cen- 
tral New  Hampshire  turnpike  with  the  proposed  relocation  of  route 
U.  S.  3  in  Massachusetts,  at  the  New  Hampshire-Massachusetts  boundary, 
the  commissioner  of  public  works  and  highways,  with  the  approval  of 
the  governor  and  council,  is  hereby  authorized  to  lay  out  and  construct 
a  relocation  of  the  central  New  Hampshire  turnpike  at  a  point  westerly 
of  the  present  location  of  said  route  in  the  city  of  Nashua.  Except  as  may 
be  inconsistent  herewith  and  except  as  hereinafter  otherwise  provided, 
said  relocation  shall  be  laid  out,  constructed  and  operated  in  accordance 
with,  and  shall  be  subject  to,  the  provisions  of  RSA  257,  including,  but 
not  limited  to,  section  7  of  said  chapter  257.  Provided  further  that  said 
relocation  shall  not  be  opened  to  traffic  until  relocated  route  3  in  Massa- 
chusetts shall  also  be  opened  to  traffic. 

257-A:2  Funds  Provided.  A  sum  not  exceeding  one  million  five 
hundred  thousand  dollars  is  hereby  appropriated  for  acquisition  of  land 
necessary  for  continuation  of  the  F.  E.  Everett  turnpike  to  the  New 


584  Chapter  281  [1963 

Hampshire-Massachusetts  boundary  and  for  the  construction  of  the  east 
Dunstable  interchange. 

257-A:3  Borrowing  Power.  The  state  treasurer  is  hereby  authorized 
with  the  approval  of  the  governor  and  council  to  borrow  upon  the  credit 
of  the  state  a  sum  not  exceeding  one  million  five  hundred  thousand  dol- 
lars for  the  purpose  of  carrying  into  effect  the  provisions  of  this  chapter 
and  for  that  purpose  may  issue  bonds  in  the  name  and  on  behalf  of  the 
state  of  New  Hampshire  at  a  rate  of  interest  to  be  determined  by  the 
governor  and  council.  The  maturity  dates  of  such  bonds  shall  be  deter- 
mined by  the  governor  and  council  but  in  no  case  shall  they  be  later  than 
thirty  years  from  the  date  of  issue  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  shall  contain  an 
express  guarantee  which  shall  be  deemed  a  contract  on  the  part  of  the 
state  that  tolls  will  be  collected  in  accordance  with  the  provisions  of  this 
chapter  until  the  date  of  maturity  of  said  bonds  or  until  sufficient  money 
shall  have  accumulated  to  pay  said  bonds  and  the  interest  thereon  at  or 
prior  to  the  dates  of  maturity.  The  bonds  shall  be  in  such  form  and  such 
denominations  as  the  governor  and  council  shall  determine,  may  be  reg- 
isterable  as  to  both  principal  and  interest,  shall  be  countersigned  by  the 
governor,  and  shall  be  deemed  a  pledge  of  the  full  faith  and  credit  of 
the  state.  The  governor  may  authorize  his  counter-signature  on  said 
bonds  to  be  by  facsimile  signature.  The  secretary  of  state  shall  keep  an 
accoimt  of  all  such  bonds  showing  the  number  and  amount  of  each,  the 
time  and  date  of  coimtersigning,  the  date  of  delivery  to  the  treasurer  and 
the  date  of  maturity.  The  state  treasurer  shall  keep  an  account  of  each 
bond  sho^ving  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. 

257-A: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  refinided  by  the  issuance  of  bonds  hereunder. 
Provided,  however,  that  at  no  time  shall  the  indebtedness  of  the  state  on 
such  short  term  loans  exceed  the  sum  of  one  million  five  hundred  thou- 
sand dollars. 

257-A:5  Sale  of  Bonds  or  Notes.  All  bonds  or  notes  (except  short 
term  loans)  issued  under  the  provisions  of  this  act  shall  be  sold  (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  and  in  a  finan- 
cial publication  of  national  circulation,  the  first  publication  being  not 
less  than  fifteen  days  prior  to  the  day  the  bids  will  be  received,  and  (3)  to 


1963]  Chapter  282  585 

the  highest  bidder.  The  governor  and  council  may  reject  any  or  all  bids, 
and/or  negotiate  with  the  highest  responsible  bidder.  The  proceeds  from 
the  sale  of  such  bonds  shall  be  held  by  the  treasurer  and  paid  out  by  him 
upon  warrants  drawn  by  the  governor  for  the  purposes  of  this  act  alone, 
and  the  governor,  with  the  advice  and  consent  of  the  council,  shall  draw 
his  warrant  for  the  payment  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  of  New 
Hampshire. 

281:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  282. 

AN  ACT  RELATIVE  TO  MILEAGE  RATE  FOR  ALL  STATE  EMPLOYEES  USING 
PRIVATELY  OWNED  PASSENGER  VEHICLES. 

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

282:1  Mileage  Rate.  Amend  RSA  99-A  (supp)  as  inserted  by  1955, 
257:1  by  striking  out  the  words  'Tor  the  first  12,000  miles  seven  cents 
per  mile"  and  inserting  in  place  thereof  the  words,  For  the  first  6,000  miles 
eight  cents  per  mile,  for  the  next  6,000  miles  seven  cents  per  mile,  so  that 
said  section  as  amended  shall  read  as  follows:  99-A:l  State  Officials  and 
Employees.  State  officials  and  employees  using  private  cars  in  the  conduct 
of  official  state  business  shall  be  reimbursed  for  mileage  at  the  following 
rates,  based  on  the  number  of  miles  travelled  in  any  one  fiscal  year:  For 
the  first  6,000  miles  eight  cents  per  mile,  for  the  next  6,000  miles  seven 
cents  per  mile,  for  the  next  6,000  miles  six  cents  per  mile,  and  for  all 
miles  in  excess  of  18,000  miles  five  cents  per  mile. 

282:2  Appropriation.  There  are  hereby  appropriated  for  the  fiscal 
year  ending  June  30,  1964  for  the  increases  in  the  allowance  for  privately 
owned  passenger  vehicles,  as  provided  herein,  the  following  sums:  $25,500 
from  general  funds  of  the  state,  $14,750  from  highway  funds,  $9,750  from 
fish  and  game  funds,  and  $12,750  from  special  funds.  Like  amounts 
chargeable  to  the  same  funds  are  hereby  appropriated  for  the  fiscal  year 
ending  June  30,  1965. 

282:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approvedjuly  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


586  Chapter  283  [1963 

CHAPTER  283. 

AN  ACT  RELATIVE  TO  APPOINTMENT  OF  ASSISTANT  ELECTION  OFFICIALS  IN 

TOWNS. 

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

283:1  Town  Officials.  Amend  RSA  59:75  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:  59:75  Assistant  Elec- 
tion Officials.  In  any  town  which  has  voted  to  adopt  an  official  ballot 
for  the  election  of  its  town  officers,  the  selectmen,  upon  request  of  the 
moderator,  may  appoint  an  assistant  town  clerk  and  such  other  election 
officials,  if  any,  as  are  deemed  necessary.  Said  assistant  town  clerk  and 
other  election  officials  shall  perform  such  duties  and  have  such  powers  as 
the  moderator  may  delegate  to  them,  provided  that  the  power  of  receiv- 
ing ballots  and  making  any  declaration  of  the  vote  cast  shall  not  be  dele- 
gated to  said  assistant  election  officials.  The  moderator  is  authorized  to 
appoint  an  assistant  moderator,  who  shall  take  the  oath  of  office  in  the 
same  manner  as  the  moderator  and  shall  have  all  the  powers  and  duties 
which  the  moderator  has,  subject  to  the  control  of  the  moderator. 

283:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  284. 

AN  ACT  RELATIVE  TO  LEGISLATIVE  MILEAGE  ALLOWANCES. 

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

284:1    General  Court.   Amend  RSA  14  by  inserting  after  section  15 
the  following  new  sections:    14:15-a    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  home  to  the  state  house  in  Concord  each  day 
of  attendance  at  the  following  rates;  for  the  first  twenty-five  miles  thereof 
twenty-five  cents  per  mile,  for  the  next  twenty  miles  twenty  cents  per 
mile,  for  the  next  twenty-five  miles  eight  cents  per  mile,  for  the  next 
twenty-five  miles  six  cents  per  mile,  and  for  all  miles  in  excess  of  ninety- 
five  miles  five  cents  per  mile.  Each  member  of  the  house  of  representatives 
shall  present  evidence  of  his  attendance  by  complying  with  regulations 
with  respect  thereto  as  the  mileage  committee  may  adopt.  In  the  compu- 
tation of  mileage  under  the  provisions  hereof  the  word  "day"  shall  be 


1963]  •  Chapter  285  587 

deemed  to  be  a  calendar  day  and  whenever  a  legislative  session  shall  be 
continued  beyond  12  o'clock  midnight  the  members  present  shall  be 
entitled  to  additional  mileage  for  another  day's  attendance.  Any  member 
of  the  general  court  absent  for  any  cause  from  such  attendance  shall  not 
be  allowed  mileage  for  the  day  he  is  so  absent. 

14:I5-b  Computation  of  Distance.  Each  member  of  the  general 
court  shall  at  the  beginning  of  each  session  of  the  legislature  furnish  to 
the  committee  on  mileage  a  statement  of  the  distance  from  his  home  to 
the  state  house  in  Concord.  The  committee  on  mileage  shall  then  com- 
pute the  mileage  allowance  to  be  allowed  said  member  and  said  com- 
mittee shall  be  arbiters  of  all  disputes  and  claims  involving  payment  of 
mileage  to  members.  Said  committee  may  consult  with  the  department 
of  public  works  and  highways  relative  to  the  distances  as  set  forth  in  the 
statement  furnished  by  the  member  but  the  establishment  of  the  distance 
shall  be  made  by  the  committee,  from  its  study  and  investigation. 

284:2  Repeal.  RSA  14:'15  (supp)  as  amended  by  1955,  228:1  and 
1957,  272:1  relative  to  travel  allowance  to  members  and  RSA  14:16 
(supp)  as  amended  by  1955,  228:2,  relative  to  computation  of  distance  are 
hereby  repealed. 

284:3  Repeal.  RSA  14:17,  providing  for  a  standard  mileage  table 
for  travel  allowances,  is  hereby  repealed. 

284:4  Allowances  for  1963  Session.  The  committee  on  mileage  shall 
recompute  the  allowances  for  mileage  for  members  of  the  general  court 
of  1963  on  the  basis  of  RSA  14:15-a  and  15-b  as  hereinbefore  inserted  and 
additional  allowances  shall  be  made  to  reflect  the  provisions  of  this  act. 

284:5   Takes  Effect.   This  act  shall  take  effect  as  of  January  2,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  January  2,  1963.] 


CHAPTER  285. 

AN  ACT  RELATING  TO  THE  COUNTING  OF  VOTES  AT  BIENNIAL  ELECTIONS. 

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

285:1  Votes  to  be  Counted.  Amend  RSA  59  by  inserting  after  sec- 
tion 69  the  following  new  section:  59:69-a  Nominees  of  More  Than  One 
Party.  In  the  case  of  a  candidate  whose  name  appears  on  the  ballot  as 
the  nominee  of  more  than  one  party,  each  valid  vote  cast  for  him,  whether 
under  one  party  designation  or  another,  shall  be  counted. 


588  Chapter  286  [1963 

285:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  286. 

AN  ACT  RELATING  TO  MINIMUM  WAGES  OF  EMPLOYEES  IN  PUBLIC  WORKS. 

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

Court  convened: 

286:1  Payments  Included  in  Establishing  Wage  Rates.  Amend  RSA 
280:1  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 280:1  Regulation  by  the  Commissioner  of  Labor.  The  rate  per 
hour  of  the  wages  paid  to  mechanics,  teamsters,  chauffeurs,  and  laborers 
employed  in  the  construction  of  public  works  by  the  state  of  New  Hamp- 
shire, or  by  a  county  or  town,  or  by  persons  contracting  or  sub-contract- 
ing for  such  work  shall  not  be  less  than  the  rate  or  rates  of  wages  to  be 
determined  by  the  commissioner  of  labor  as  hereinafter  provided;  pro- 
vided, that  the  wages  paid  to  mechanics,  teamsters,  chauffeurs,  and  la- 
borers employed  on  said  work  shall  not  be  less  than  the  wages  paid  to 
said  employees  in  the  municipal  service  of  the  town  or  towns  where  said 
works  are  being  constructed;  provided,  further,  that  where  the  same  pub- 
lic work  is  to  be  constructed  in  two  or  more  towns,  the  wages  paid  to  said 
employees  shall  not  be  less  than  the  wages  paid  to  said  employees  in  the 
municipal  service  of  the  town  paying  the  highest  rate;  provided,  further, 
that  if,  in  any  of  the  towns  where  the  works  are  to  be  constructed,  a  wage 
rate  or  wage  rates  have  been  established  in  certain  trades  and  occupations 
by  collective  agreements  or  understandings  between  organized  labor  and 
employers,  the  rate  or  rates  to  be  paid  on  said  works  shall  not  be  less  than 
the  rates  so  established;  provided,  further,  that  in  towns  where  no  such 
rate  or  rates  have  been  so  established,  the  wages  paid  to  said  employees 
on  public  works,  shall  not  be  less  than  the  wages  paid  in  said  towns  to 
the  employees  in  the  same  trades  and  occupations  by  private  employers 
engaged  in  the  construction  industry.  This  section  shall  also  apply  to 
regular  employees  of  the  state  when  such  employees  are  employed  in 
the  construction,  addition  to,  or  alteration  of  said  works  for  which 
special  appropriations  are  provided.  Payments  by  employers  to  health 
and  welfare  plans  and  pension  plans  under  collective  bargaining  agree- 
ments or  understandings  between  organized  labor  and  employers  shall 
be  included  for  the  purpose  of  establishing  minimum  wage  rates  as  here- 
in prescribed. 

286:2  Health  and  Welfare  Plans.  Amend  RSA  280:2  by  inserting 
after  the  word  "contract"  in  the  twenty-fifth  line  the  following:  The  afore- 


1963]  Chapter  286  589 

said  rates  of  wages  in  the  schedule  of  ^vage  rates  shall  include  payments 
by  employers  to  health  and  welfare  and  pension  plans  as  provided  in 
the  preceding  section,  and  such  payments  shall  be  considered  as  payments 
to  persons  under  this  section  performing  -work  as  herein  provided.  Any 
employer  engaged  in  the  construction  of  such  works  ^vho  does  not  make 
payments  to  a  health  and  -welfare  plan  and  a  pension  plan,  where  such 
payments  are  included  in  said  rate  of  wages,  shall  pay  the  amounts  of  said 
payments  directly  to  each  employee  engaged  in  said  construction,  so 
that  said  section  as  amended  shall  read  as  follows:  280:2  Determination 
of  Wages^  Enforcement,  and  Penalties.  The  commissioner  shall  prepare, 
for  the  use  of  such  public  officials  or  public  bodies  whose  duty  it  shall 
be  to  cause  public  works  to  be  constructed,  a  list  of  the  several  jobs  usu- 
ally performed  on  various  types  of  public  works  upon  which  mechanics, 
teamsters,  chauffeurs,  and  laborers  are  employed.  The  commissioner 
shall  classify  said  jobs,  and  he  may  revise  such  classification  from  time 
to  time,  as  he  may  deem  advisable.  At  least  ten  days  before  asking  for 
bids  the  authorized  department  or  agent  prescribing  specifications  shall 
request  the  labor  commissioner  to  ascertain  the  prevailing  wage  rate,  as 
provided  in  section  1.  The  labor  commissioner  shall  immediately  deter- 
mine the  prevailing  wage  rate  in  said  city  or  town,  and  shall  so  notify 
any  organization  of  employees  or  employers  who  shall  have  previously 
requested  that  any  such  prevailing  wage  rate  so  determined  shall  be  fur- 
nished them.  The  labor  commissioner  shall  also  immediately  furnish 
the  prevailing  wage  rate  so  determined  to  the  mayor,  manager,  or  chair- 
man of  selectmen,  in  the  city  or  town,  where  such  public  works  is  to  be 
constructed.  In  advertising  or  calling  for  bids  for  said  works,  the  award- 
ing  official  or  public  body  shall  incorporate  said  schedule  in  the  advertise- 
ment or  call  for  bids  by  an  appropriate  reference  thereto,  and  shall 
furnish  a  copy  of  said  schedule,  without  cost,  to  any  person  requesting 
the  same.  Said  schedule  shall  be  made  a  part  of  the  contract  for  said  works 
and  shall  continue  to  be  the  minimum  rate  or  rates  of  wages  for  said 
employees  during  the  life  of  the  contract.  Any  person  engaged  in  the 
construction  of  said  works  shall  cause  a  legible  copy  of  said  schedule  to 
be  kept  posted  in  a  conspicuous  place  at  the  site  of  said  works  during  the 
life  of  the  contract.  The  aforesaid  rates  of  wages  in  the  schedule  of  wage 
rates  shall  include  payments  by  employers  to  health  and  welfare  and 
pension  plans  as  provided  in  the  preceding  section,  and  such  payments 
shall  be  considered  as  payments  to  persons  under  this  section  performing 
work  as  herein  provided.  Any  employer  engaged  in  the  construction  of 
such  ^vorks  who  does  not  make  payments  to  a  health  and  welfare  plan 
and  a  pension  plan,  where  such  payments  are  included  in  said  rate  of 
wages,  shall  pay  the  amounts  of  said  payments  directly  to  each  employee 
engaged  in  said  construction.  Whoever  shall  pay  less  than  said  rate  or 
rates  of  wages  to  an  employee  on  said  works  shall  forfeit  to  the  commis- 
sioner a  sum  equal  to  twice  the  difference  between  said  rate  or  rates  and 
the  wages  actually  paid  to  said  employee,  said  sum  to  be  recovered  by 


590  Chapter  287  [1963 

the  commissioner  in  an  action  of  contract  for  the  benefit  of  the  employee; 
and  whoever,  for  himself,  or  as  representative,  agent  or  officer  of  another, 
shall  withhold,  take,  or  receive  for  his  own  use  or  the  use  of  any  other 
person,  as  a  rebate,  refund,  or  gratuity,  or  in  any  other  guise,  any  part 
or  portion  of  the  wages  paid  to  any  employee  for  work  done  or  services 
rendered  on  said  public  works,  shall  be  punished  for  each  offense  by  a 
fine  of  not  less  than  one  hundred  nor  more  than  three  hundred  dollars, 
or  by  imprisonment  for  not  more  than  six  months,  or  both. 

286:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  I,  1963.] 


CHAPTER  287. 

AN  ACT  CONTINUING  THE  APPROPRIATION  FOR  EXPANSION  OF  THE  STATE 

PARK  SYSTEM. 

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

287:1  Expansion  of  State  Park  System.  Amend  1961,  263:5,  by  add- 
ing at  the  end  thereof  the  words  and  figures:  The  funds  appropriated 
herewith  shall  be  available  for  expenditure  until  June  30,  1965,  so  that 
said  section  as  amended  shall  read  as  follows:  263:5  Appropriation.  A 
sum  not  exceeding  nine  million  dollars  is  hereby  appropriated  for  the 
purposes  and  projects  authorized  by  the  foregoing  sections,  as  approved 
by  the  governor  and  council,  provided  nevertheless,  that  no  project 
shall  be  approved  by  the  governor  and  council  unless  a  public  hearing 
has  been  held  thereon.  The  funds  appropriated  herewith  shall  be  avail- 
able for  expenditure  until  June  30,  1965. 

287:2  Short-Term  Loans.  Amend  1961,  263:8  by  striking  out  the 
word  "two"  and  inserting  in  place  thereof  the  word,  nine,  so  that  said 
section  as  amended  shall  read  as  follows:  263:8  Short-Term  Loans.  Prior 
to  the  issuance  of  the  bonds  or  notes  hereunder,  the  treasurer,  under  the 
direction  of  the  governor  and  council,  may  for  the  purposes  hereof  bor- 
row money  from  time  to  time  on  short-term  loans,  which  may  be  re- 
funded by  the  issuance  of  the  bonds  or  notes  hereunder.  Provided,  how- 
ever, that  at  no  one  time  shall  the  indebtedness  of  the  state  on  such 
short-term  loans  exceed  the  sum  of  nine  million  dollars. 

287:3  Projects.  Amend  RSA  216-A:5  as  inserted  by  (1961,  263:13, 
by  striking  out  the  same  and  inserting  in  place  thereof  the  following: 
216-A:5    Recommendation  of  Projects.   At  such  time  as  the  department 


1963]  Chapter  288  591 

of  resources  and  economic  development  shall  have  been  established,  the 
recommendations  to  governor  and  council,  which  shall  be  initiated  by 
the  director  of  parks,  the  advisory  commission  to  the  department  of  re- 
sources and  economic  development,  or  by  the  director  of  parks  and  said 
advisory  commission  jointly,  in  respect  to  any  project  shall  have  ap- 
pended thereto  a  statement  of  opinion  on  said  project  from  the  advisory 
commission  to  the  department  of  resources  and  economic  development. 
Projects  may  also  be  initiated  by  the  governor  and  council  under  the 
same  conditions  as  provided  herein. 

287:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  288. 

AN  ACT  RELATIVE  TO  THE  DEFINITION  OF  AN  ELEMENTARY  SCHOOL  AND 
SCHOOL  DISTRICT  LIABILITY. 

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

288:1  Elementary  School  Defined.  Amend  RSA  189:25  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following: 
189:25  Elementary  School.  An  elementary  school  is  any  school  in  which 
the  subjects  taught  are  those  prescribed  by  the  state  board  for  the  grades 
kindergarten  through  eight  of  the  public  schools;  provided,  however,  a 
separate  organization  consisting  of  grades  seven  through  nine,  or  any 
grouping  of  these  grades,  may  be  recognized  as  a  junior  high  school  and 
so  approved  by  the  state  board.  The  school  may  include  a  kindergarten 
program  which  if  provided  shall  precede  the  other  elementary  grades. 

288:2  District  Liability.  Amend  RSA  193:4  (supp)  as  amended  by 
1957,  52:1  and  1959,  117:1,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  193:4  District  Liability  for  Elementary  or 
Junior  High  School  Tuition.  Any  district  shall  be  liable  for  the  tuition 
of  any  child  who  as  a  resident  of  the  district  has  been  assigned  to  attend 
a  public  school  in  another  district;  provided,  however,  that  except  under 
contract  the  liability  of  any  school  district  hereunder  for  the  tuition  of 
any  pupil  shall  be  limited  to  the  state  average  cost  per  pupil  of  the  cur- 
rent expenses  of  operation  of  all  public  elementary  schools  or  junior 
high  schools  as  defined  in  RSA  189:25  as  amended,  as  estimated  by  the 
state  board  of  education  for  the  preceding  school  year,  or  the  current 
expenses  of  operation  of  the  receiving  district  for  its  elementary  or  junior 


592  Chapter  289  [1963 

high  schools,  as  estimated  by  the  state  board  of  education  for  the  preced- 
ing school  year,  whichever  is  less.  This  current  expense  of  operation  shall 
include  all  costs  except  those  made  for  capital  outlay,  debt  obligations 
and  transportation,  provided  that  to  the  above  may  be  added  a  rental 
charge  of  two  per  cent  of  the  capital  cost  of  such  elementary  or  junior 
high  school  facilities  as  may  be  defined  by  the  state  board  of  education. 

288:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  I,  1963.] 


CHAPTER  289. 

AN  ACT  RELATIVE  TO  THE  PRODUCTION,  DISTRIBUTION  AND  SALE  OF  MILK 
AND  OTHER  DAIRY  PRODUCTS. 

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

289:1  Milk  and  Other  Dairy  Products.  Amend  RSA  184  by  insert- 
ing after  section  78  (supp)  as  amended  by  1955,  86:5,  the  following  new 
subdivision: 

Milk  Sanitation  Code 

184:79  Terms  Defined.  As  used  in  this  subdivision  the  following 
terms  shall  have  the  following  meanings: 

I.  The  terms  "milk",  "skimmed  milk",  or  "skim  milk",  "butter 
milk",  "butter",  "sweet  cream  butter",  "cream",  "sweet  cream"  or  "light 
cream",  "heavy  cream",  or  "heavy  whipping  cream",  "homogenized  cream", 
"nonfat",  "fat-free",  "defatted  milk",  "nonfat  dry  milk  solids",  "fortified 
nonfat  milk",  and  "coffee  cereal  special",  shall  be  as  defined  in  RSA 
184:36  as  amended  by  1959,  141:1  and  RSA  184:36  (supp)  as  inserted  by 
1959,  141:1  and  2. 

II.  The  term  "goat  milk"  means  the  lacteal  secretion  practically 
free  from  colostrum,  obtained  by  the  complete  milking  of  healthy  goats. 
The  word  "milk"  shall  be  interpreted  to  include  goat's  milk. 

III.  The  term  "sour  cream"  or  "soured  cream"  means  cream  the 
acidity  of  which  is  more  than  0.20  per  cent  by  weight,  expressed  as  lactic 
acid. 

IV.  The  term  "whipping  cream"  or  "medium  cream"  means  cream 
which  contains  not  less  than  30  per  cent  by  weight  of  milk  fat. 

V.  The  term  "flavored  milk"  means  a  pasteurized  whole  milk  prod- 
uct containing  one  or  more  of  the  following  ingredients:  whole  milk, 


1963]  Chapter  289  593 

sugar,  dextrose,  invert  sugar,  flavor,  salt  and  wholesome  edible  stabilizer. 
It  shall  contain  not  less  than  3.35  per  cent  by  weight  of  milk  fat. 

VI.  The  term  "flavored  dairy  drink"  means  a  pasteurized  skimmed 
or  partially  skimmed  milk  product  containing  one  or  more  of  the  follow- 
ing ingredients:  skimmed  milk,  skim  milk  powder,  sugar,  dextrose,  invert 
su^ar,  flavor,  salt  and  wholesome  edible  stabilizer. 

VII.  The  term  "milk  products"  means  butter  milk,  cream,  medium 
cream,  heavy  cream  or  heavy  whipping  cream,  coffee  cereal  special,  sour 
cream,  skimmed  milk  or  skim  milk,  flavored  milk,  flavored  dairy  drink, 
nonfat,  fat-free  defatted  milk,  fortified  nonfat  milk  and  any  other  product 
made  by  the  addition  of  any  substance  to  milk  or  to  any  of  these  products 
and  used  for  similar  substances. 

VIII.  The  term  "pasteurized"  means  the  process  of  heating  every 
particle  of  milk  or  milk  product  to  at  least  143  degrees  Fahrenheit  and 
holding  it  at  such  temperature  continuously  for  at  least  thirty  minutes 
or  to  at  least  161  degrees  Fahrenheit  and  holding  it  at  such  temperature 
continuously  for  at  least  fifteen  seconds,  except  that  in  the  case  of  cream 
and  of  any  milk  or  milk  product  to  which  sugar  is  added  either  in  dry 
form  or  in  a  syrup,  it  shall  be  heated  to  at  least  150  degrees  Fahrenheit 
and  held  at  such  temperature  continuously  for  at  least  thirty  minutes, 
or  to  at  least  166  degrees  Fahrenheit  and  held  continuously  at  such  tem- 
perature for  at  least  fifteen  seconds.  Such  pasteurization  shall  be  carried 
out  in  approved  and  properly  operated  equipment  and  the  product  pas- 
teurized shall  show  evidence  of  efficient  pasteurization  when  subjected  to 
the  phosphatase  test;  provided  that  nothing  contained  in  this  definition 
shall  be  construed  as  barring  any  other  process  for  pasteurization  which 
has  been  demonstrated  to  be  equally  efficient  and  which  shall  be  approved 
in  writing  by  the  milk  sanitation  board. 

IX.  The  term  "milk  producer"  means  any  person  who  owns  or  con- 
trols one  or  more  cows,  a  part  or  all  of  the  milk  or  milk  products  from 
which  are  sold,  or  offered  for  sale. 

X.  The  term  "milk  distributor"  means  any  person  who  offers  for 
sale  or  sells  to  another  any  milk  or  milk  products  for  human  consumption 
as  such. 

XI.  The  term  "producer-distributor"  is  a  milk  producer  who  is  also 
a  milk  distributor  and  sells  more  than  an  average  of  twenty  quarts  of 
milk  a  day. 

XII.  The  term  "dairy  farm"  means  any  place  or  premises  where  one 
or  more  cows  are  kept,  a  part  or  all  of  the  milk  or  milk  products  from 
which  is  sold  or  offered  for  sale. 

XIII.  The  term  "milk  plant"  means  any  place,  premises,  or  estab- 
lishment where  milk  or  milk  products  are  collected,  handled,  processed, 


594  Chapter  289  [1963 

stored,  pasteurized,  bottled,  packaged,  or  prepared  for  distribution,  ex- 
cept an  establishment  where  milk  or  milk  products  are  sold  at  retail  only. 

XIV.  The  term  "division"  means  the  division  of  public  health  of 
the  department  of  health  and  welfare. 

XV.  The  term  "director"  means  the  director  of  the  division  of  public 
health  of  the  department  of  health  and  welfare. 

XVI.  The  term  "milk  inspector"  means  any  inspector  of  milk  em- 
ployed, or  approved  by  the  director  and  any  other  employee  of  the  divi- 
sion authorized  by  the  director  either  in  the  regular  course  of  his  em- 
ployment or  specifically  to  take  a  particular  action  under  the  terms  of 
this  subdivision  or  any  regulations  promulgated  hereunder. 

XVII.  The  term  "licensee"  means  any  milk  plant,  milk  distributor 
or  producer-distributor  who  holds  a  license  from  the  director,  whether 
or  not  his  facilities  shall  be  located  within  the  state. 

XVIII.  The  term  "approved"  means  approved  by  the  director  or 
milk  sanitation  board  in  accordance  with  the  requirements  of  a  written 
regulation  promulgated  hereunder. 

XIX.  The  term  "communicable  disease"  means  and  shall  include 
typhoid  fever,  tuberculosis,  septic  sore  throat,  scarlet  fever,  diphtheria, 
undulant  fever,  foot  and  mouth  disease,  dysentery,  all  intestinal  infec- 
tions and  in  addition  thereto  any  other  diseases  described  as  infectious 
or  communicable  in  the  latest  edition  of  the  communicable  disease  man- 
ual published  by  the  American  Public  Health  Association. 

XX.  The  term  "approved  milk  laboratory"  means  a  laboratory  cus- 
tomarily engaged  in  whole  or  part  in  the  analysis  of  milk  or  milk  prod- 
ucts, which  has  been  approved  in  writing  by  the  director. 

XXI.  The  term  "milk  sanitation  rating"  means  a  numerical  evalu- 
ation reported  in  terms  of  per  cent  compliance  with  the  sanitary  require- 
ment of  this  subdivision  and  those  regulations  thereto  which  have  been 
promulgated  hereunder. 

184:80  Milk  Sanitation  Board  Established.  There  is  hereby  created 
an  advisory  board  to  be  known  as  the  milk  sanitation  board  which  shall 
consist  of  the  following  members:  the  commissioner  of  agriculture,  the 
director  of  the  division  of  public  health,  the  chairman  of  the  milk  control 
board,  the  Dean  of  the  College  of  Agriculture  of  the  University  of  New 
Hampshire  or  a  member  of  his  teaching  staff  to  be  designated  by  him, 
and  four  members-at-large.  The  four  members-at-large  shall  consist  of 
an  individual  who  holds  a  milk  plant  license,  an  individual  who  holds 
a  valid  producer  permit,  a  health  officer  of  a  town  or  city,  a  representa- 
tive of  the  public  whose  interest  and  knowledge  of  the  dairy  industry  is 
qualified  to  represent  the  public  in  connection  with  matters  involved 


1963]  Chapter  289  595 

with  this  subdivision.  The  members-at-large  shall  be  residents  of  the 
state  and  shall  be  appointed  by  the  governor  with  the  consent  of  the 
council  and  each  shall  hold  office  for  a  term  of  six  years  and  until  his 
successor  shall  be  appointed  and  qualified;  provided,  that  the  original 
appointments  shall  be  one  for  a  term  of  two  years,  one  for  a  term  of  three 
years,  one  for  a  term  of  four  years,  and  one  for  a  term  of  six  years.  The 
members-at-large  shall  receive  no  compensation  for  their  services  but 
shall  receive  necessary  travel  and  other  expenses  while  engaged  in  actual 
work  of  the  board.  The  chief  of  the  bureau  of  food  and  chemistry  of  the 
division  of  public  health  services  shall  act  as  technical  secretary  without 
voting  powers. 

184:81  Organization.  The  board  shall  elect  a  chairman  from  among 
its  members  and  shall  hold  meetings  on  the  call  of  the  chairman  or  the 
director.  Five  members  shall  constitute  a  quorum. 

184:82  Duties.  The  board  shall  from  time  to  time  give  advice  to 
the  director  upon  problems  affecting  the  adequacy  of  the  milk  supply 
or  the  sanitation  thereof  and  hold  such  hearings  and  take  such  action  as 
required  in  this  subdivision.  The  technical  secretary,  acting  for  the  di- 
rector, shall  make  inspections  and  investigations  or  arrange  for  the  con- 
duct of  such  by  such  employees  of  the  division  as  necessary  to  carry  out 
the  provisions  of  this  subdivision  and  all  regulations  promulgated  here- 
under. 

184:83  Analysis  Required.  Each  milk  plant  engaged  in  processing 
milk  shall,  at  least  once  in  each  calendar  month,  collect  and  submit  to  an 
approved  milk  laboratory  for  analysis  a  sample  of  milk  of  each  producer 
supplying  milk  to  such  milk  plant.  Such  laboratory  shall  determine  the 
bacterial  count  of  such  samples  as  raw  milk,  such  determination  to  be 
made  by  the  standard  plate  count  method,  as  well  as  a  determination  for 
such  harmful  substances  as  the  milk  sanitation  board  may  by  regulations 
require  and  shall  keep  a  record  of  such  findings  for  a  period  of  not  less 
than  one  year  following  any  such  findings  which  shall  be  open  to  inspec- 
tion by  the  director.  The  laboratory  shall  make  a  report  to  the  milk  plant 
submitting  any  such  samples,  and  said  laboratory  shall  transmit  a  copy 
of  each  such  report  to  the  director. 

184:84  License  Required.  I.  It  shall  be  unlawful  for  any  person 
to  operate  a  milk  plant  located  within  the  state  who  does  not  possess 
a  milk  plant  license  from  the  director  with  respect  to  each  such  plant 
located  within  the  state. 

II.  It  shall  be  unlawful  for  any  milk  distributor  to  sell  or  offer  for 
sale  within  the  state  milk  or  milk  products  unless  he  shall  possess  a  milk 
distributor's  license  from  the  director.  Such  license  shall  not  be  required 
in  the  case  of  eating  establishments  or  retail  stores  purchasing  milk  or 
milk  products  finally  bottled  and  packaged  from  a  licensee  for  resale  at 


596  Chapter  289  [1963 

retail  to  the  consumer.  However,  it  shall  be  unlawful  for  any  eating 
establishment  or  retail  store  to  sell  milk  or  milk  products  which  have 
not  been  processed  by  a  person  who  is  a  licensee. 

III.  It  shall  be  unlawful  for  any  producer-distributor  to  sell  or  offer 
for  sale  milk  or  milk  products  within  the  state  unless  he  shall  possess  a 
producer-distributor's  license  from  the  director. 

IV.  It  shall  be  unlawful  for  any  milk  plant  located  outside  the  state 
to  sell  or  offer  for  sale  milk  or  milk  products  within  the  state  unless  the 
operator  or  owner  of  each  plant  so  located  shall  possess  an  out-of-state 
milk  plant  license  from  the  director. 

184:85  Application;  Issue;  Fees.  The  director  may  issue  a  license 
to  any  milk  plant,  out-of-state  milk  plant,  milk  distributor  or  producer- 
distributor  upon  receipt  of  a  written  application  upon  a  form  furnished 
by  the  director  and  setting  forth  such  information  concerning  the  appli- 
cant and  his  operation  and  facilities  as  may  by  regulations  be  required. 
All  milk  plants  located  within  the  state  shall  file  with  their  application 
a  listing  of  the  names  and  addresses  of  all  milk  producers  furnishing  them 
with  milk  or  milk  products.  A  license  will  be  granted  upon  the  express 
condition  that  the  applicant  shall  at  all  times  conduct  his  operation  and 
maintain  his  facilities  in  accordance  with  the  requirements  of  this  sub- 
division and  all  regulations  promulgated  hereunder.  All  licenses  shall  be 
issued  for  a  period  of  one  year  or  portion  thereof  and  expire  on  the 
first  day  of  January  next  following  their  issuance.  The  annual  license 
fee  shall  be  twenty-five  dollars  for  each  category.  However,  any  licensee 
who  qualifies  in  more  than  one  licensing  category  shall  be  required  to 
pay  only  a  single  license  fee  but  shall  meet  all  sanitary  requirements 
established  for  each  separate  licensing  category.  All  fees  collected  here- 
under shall  be  paid  into  the  general  fimds  of  the  state. 

184:86  Denial  and  Revocation.  A  license  will  be  denied  or  revoked 
by  the  director  for  failure  to  comply  with  any  or  all  of  the  following  re- 
quirements: I.  Any  milk  plant,  milk  distributor  or  producer-distributor 
located  within  the  state  who  fails  to  comply  with  the  provisions  of  this 
subdivision  or  regulations  promulgated  hereunder;  or  who  purchases, 
processes  or  offers  for  sale  any  milk  or  milk  products  any  part  of  which 
comes  from  any  point  outside  the  state  unless  such  milk  or  milk  products 
is  produced  within  that  state  under  provisions  which  are  substantially 
equivalent  to  the  requirements  established  by  this  subdivision  or  regula- 
tions promulgated  hereunder,  and  said  requirements  are  enforced  with 
equal  effectiveness  as  determined  by  an  enforcement  rating  conducted 
on  such  forms  and  in  such  a  manner  and  by  such  milk  inspectors  as  shall 
be  approved  by  the  director,  and  said  out-of-state  supply  of  milk  or  milk 
products  shall  exhibit  a  milk  sanitation  rating  equal  to  the  overall  New 
Hampshire  milk  sanitation  rating. 


1963]  Chapter  289  597 

II.  Any  milk  plant  located  within  the  state  which  after  January 
1,  1964  takes  on  a  milk  producer  who  does  not  hold  a  valid  producer's 
permit. 

III.  Any  milk  plant,  milk  distributor  or  producer-distributor  lo- 
cated outside  the  state  unless  their  milk  or  milk  products  have  been 
produced  and  processed  under  provisions  which  are  substantially  equiva- 
lent to  the  requirements  established  by  this  subdivision  or  regulations 
promulgated  hereunder,  and  said  requirements  are  enforced  with  equal 
effectiveness  as  determined  by  an  enforcement  rating  conducted  on  such 
forms  and  in  such  a  manner  and  by  such  milk  inspectors  as  shall  be  ap- 
proved by  the  director,  and  said  supply  shall  exhibit  a  milk  sanitation 
rating  equal  to  the  overall  New  Hampshire  milk  sanitation  rating. 

IV.  Any  milk  distributor  purchasing  milk  or  milk  products  unless 
such  milk  or  milk  products  are  purchased  from  a  licensed  milk  plant  or 
a  producer  who  holds  a  valid  producer's  permit. 

184:87  Procedure.  Before  denial  or  revocation  of  a  license  the  di- 
rector shall  give  written  notice  stating  that  such  action  is  contemplated 
and  giving  reasons  therefor.  Such  notice  shall  appoint  a  time  of  hearing 
and  shall  be  sent  by  certified  mail.  On  the  day  of  hearing  the  licensee 
may  present  such  evidence  as  he  deems  fit  before  the  milk  sanitation 
board. 

184:88    Producer  Permit  Required.    It  shall  be  unlawful  for  any 

milk  producer  to  offer  for  sale  or  sell  milk  or  milk  products  to  an  instate 
licensee  as  defined  in  section  84  who  does  not  possess  a  valid  producer 
permit  issued  by  the  director.  However,  producers  located  beyond  the 
limits  of  routine  inspection  are  exempt  from  this  requirement;  provided, 
the  milk  from  said  producers  shall  have  been  produced  under  provisions 
which  are  substantially  equivalent  to  the  requirements  of  this  subdivision 
and  regulations  promulgated  hereunder  and  are  enforced  with  equal 
effectiveness  as  determined  by  an  enforcement  rating  which  has  been 
conducted  on  such  forms  and  in  such  a  manner  and  by  such  milk  in- 
spectors as  shall  be  approved  by  the  director. 

184:89  Application;  Issue.  The  director  may  issue  a  permit  to  any 
milk  producer  upon  receipt  of  a  written  application  upon  a  form  fur- 
nished by  the  director  and  setting  forth  such  information  concerning 
the  applicant  and  his  operation  and  facilities  as  may  by  regulations  be 
required.  A  permit  will  be  granted  upon  the  condition  that  the  applicant 
shall  at  all  times  conduct  his  operation  and  maintain  his  facilities  in  ac- 
cordance with  the  requirements  of  this  subdivision  and  all  regulations 
promulgated  hereunder.  All  permits  once  issued  shall  remain  in  effect 
until  revoked.  Permits  shall  not  be  transferrable  with  respect  to  persons 
or  location.  A  current  listing  of  all  valid  permit  holders  shall  be  avail- 
able for  review  in  the  office  of  the  director. 


598  Chapter  289  [1963 

184:90  Denial  and  Revocation.  If  the  director  finds  upon  inspection 
that  a  producer  fails  to  comply  with  the  requirements  of  this  subdivision 
or  regulations  promulgated  hereunder  he  shall  notify  the  producer  in 
writing  of  his  violation  and  shall  set  forth  a  reasonable  period  of  time  in 
which  to  afford  compliance.  If  compliance  is  not  afforded  within  the 
time  specified  his  permit  shall  be  denied  or  revoked. 

184:91  Procedure.  Before  denial  or  revocation  of  a  producer  per- 
mit the  director  shall  give  written  notice  stating  that  such  action  is  con- 
templated and  giving  reasons  therefor.  Such  notice  shall  appoint  a  time 
of  hearing  and  shall  be  sent  by  certified  mail.  On  the  day  of  hearing  the 
producer  may  present  such  evidence  as  he  deems  fit  before  the  milk  sani- 
tation board. 

184:92  Inspections  and  Inspectors.  The  operation  and  facilities  of 
all  licensees  and  producer  permit  holders  located  within  the  state  shall 
be  inspected  at  least  twice  each  year.  The  operation  and  facilities  of  all 
out-of-state  licensees  as  well  as  all  milk  producers  located  outside  the 
state  furnishing  milk  to  said  out-of-state  licensees  shall  be  inspected  at 
least  twice  each  year  by  one  or  more  individual  out-of-state  milk  inspectors 
who  are  qualified  and  approved  in  writing  by  the  director  to  conduct 
such  inspections. 

184:93  Regulations.  I.  The  milk  sanitation  board  shall  have  the 
power  to  promulgate  reasonable  rules  and  regulations  for  the  enforce- 
ment of  this  subdivision.  Said  rules  and  regulations  shall  concern  the  en- 
vironmental conditions  surrounding  the  production  of  milk  and  milk 
products  both  within  and  without  the  state,  the  transportation  of  milk 
and  milk  products  from  the  producer  to  the  milk  plant,  the  operations 
of  pasteurizing  plants  and  equipment  and  the  condition  of  the  raw  milk 
or  milk  products  submitted  to  the  process  of  pasteurization,  the  handling 
of  such  milk  or  milk  products,  prevention  of  contamination  of  milk  and 
milk  products  while  awaiting  or  being  processed,  the  bottling,  packaging 
and  refrigeration  of  processed  milk  and  milk  products,  the  packaging  or 
labeling  of  milk  and  milk  products  and  the  environmental  surroundings 
in  which  milk  and  milk  products  shall  be  received,  processed,  packaged, 
stored  and  delivered  to  any  milk  plant,  the  environmental  circumstances 
surrounding  the  delivery  of  milk  and  milk  products  from  any  milk 
plant  to  any  store  or  other  place  of  business  for  resale  or  to  the  ultimate 
consumer,  including  the  transportation,  cooling,  refrigeration,  storage 
and  delivery;  concerning  the  cleanliness  and  freedom  from  illness  or 
disease  of  all  employees  and  persons  coming  in  contact  with  cattle,  con- 
ducting the  milking  thereof,  engaged  in  handling  the  milk  and  milk 
products,  transporting  the  same  or  processing  the  same,  or  coming  in 
contact  with  any  equipment,  containers  or  packages  with  which  milk  or 
milk  products  themselves  come  in  contact;  concerning  procedures,  tech- 
niques, equipment  to  be  used  and  methods  of  recordation  of  results  of 


1963]  Chapter  289  599 

any  analyses  or  determination  with  respect  to  milk  or  milk  products  or 
their  components,  including  procedures  to  be  followed  in  the  collection, 
preservation  and  refrigeration  of  samples  of  the  same  collected  for  in- 
spection; concerning  and  establishing  bacterial  standards  for  milk  and 
other  milk  products;  concerning  requirements  for  the  approval  of  milk 
laboratories  and  concerning  any  other  matter  or  things  to  which  the  di- 
rector and  milk  sanitation  board  is  granted  power  in  any  section  of  this 
subdivision  to  approve  the  manner  in  which  the  same  shall  be  done,  to 
approve  equipment  or  facilities  by  means  of  which  the  same  shall  be  done, 
or  to  approve  the  components  of  any  form  of  milk  or  milk  products  de- 
fined, described  or  mentioned  in  this  subdivision. 

II.  Whenever  the  milk  sanitation  board  shall  deem  consideration 
of  changes  or  amendments  to  the  regulations  promulgated  under  the 
authority  of  paragraph  I  to  be  desirable,  the  board  shall  give  notice  of 
and  hold  a  public  hearing  for  consideration  of  the  necessity  or  desirability 
of  making  any  changes  or  amendments  and  upon  the  question  of  what 
such  changes  should  be  made.  At  least  ten  days'  notice  of  any  intentions 
to  hold  a  public  hearing  specifying  the  time  and  place  thereof  shall  be 
given  by  advertising  the  same  at  least  once  in  one  newspaper  of  general 
circulation  in  the  state. 

III.  All  rules  and  regulations  relating  to  the  pasteurization  of  milk 
and  other  dairy  products  as  promulgated  on  March  28,  1961  by  the  state 
board  of  health  under  the  authority  of  RSA  184:40  are  hereby  approved 
as  the  regulations  to  be  effective  and  in  force  in  the  first  instance  under 
the  provisions  of  this  subdivision  and  shall  in  all  respects  be  deemed  to 
be  effective  as  if  adopted  in  accordance  with  the  procedures  set  forth  in 
this  section  and  said  regulations  shall  remain  in  force  until  and  unless 
amended  by  the  milk  sanitation  board  in  accordance  with  procedures 
established  herein. 

184:94  Review  of  Orders.  The  procedure  for  rehearing  and  appeal 
shall  be  that  prescribed  by  RSA  541. 

184:95  Milk  Sanitation  Rating  Required.  The  director,  with  the 
consent  of  the  milk  sanitation  board,  may  at  any  time  order  the  technical 
secretary  to  conduct  a  milk  sanitation  rating  of  both  producers  and  milk 
plants  located  within  the  state  in  order  to  evaluate  the  sanitary  quality 
of  milk  and  other  dairy  products  produced  and  processed  within  the  state. 
Said  rating  shall  be  conducted  on  such  forms  and  in  such  a  manner  and 
with  such  personnel  as  approved  by  the  director  and  the  milk  sanitation 
board.  The  values  obtained  shall  be  considered  official  and  shall  indicate 
the  overall  degree  of  compliance  with  the  sanitary  requirements  set  forth 
in  this  subdivision  and  regulations  promulgated  hereunder.  The  director, 
with  the  consent  of  the  milk  sanitation  board,  may  at  any  time  order  the 
technical  secretary  to  conduct  an  enforcement  rating,  utilizing  such  forms 
and  conducting  in  such  a  manner  and  with  such  personnel  as  approved 


600  Chapter  289  [1963 

by  the  director  with  the  consent  of  the  milk  sanitation  board  as  to  deter- 
mine whether  an  enforcement  agency  is  carrying  out  the  provisions  of 
this  subdivision  and  those  regulations  promulgated  hereunder.  Such 
values  are  to  be  considered  by  the  director  in  carrying  out  the  provisions 
of  section  98. 

184:96  Access  of  Agents.  The  director  and  his  authorized  milk  in- 
spectors, deputies  and  assistants,  or  any  of  them,  shall  have  access,  at  any 
reasonable  hours,  to  all  premises  and  places  where  milk  or  milk  products 
are  produced,  handled  or  processed  or  where  the  process  of  pasteurization 
is  carried  on  for  the  enforcement  of  the  provisions  of  this  subdivision. 

184:97  Emergency  Powers.  In  the  event  of  a  serious  disaster,  such 
as  a  conflagration,  enemy  attack,  earthquake,  flood,  hurricane,  tornado, 
drought,  or  other  emergency,  which  shall  result  in  an  unusual  nonseasonal 
shortage  of  milk  or  milk  products,  the  milk  sanitation  board  shall  have 
power  to  suspend  any  part  or  all  of  the  regulations  made  under  the  au- 
thority of  this  subdivision;  to  promulgate  other  or  additional  emergency 
regulations;  to  suspend  part  or  all  of  the  requirements  of  this  subdivision 
pertaining  to  inspection  and  the  requirement  relating  to  the  licensure 
of  out-of-state  milk  plants  from  which  milk  or  milk  products  are  derived 
and  pertaining  to  the  inspection  of  all  out-of-state  milk  producers  and 
milk  distributors;  provided,  however,  that  the  milk  sanitation  board  shall 
be  satisfied  that  any  such  source  of  milk  and  milk  products  so  admitted 
shall  not  constitute  a  public  health  threat  to  the  people  of  this  state.  Any 
such  suspension  and  any  such  emergency  regulations  shall  be  for  the 
duration  of  the  emergency. 

184:98  Enforcement.  The  director  shall  order  the  technical  secre- 
tary to  enforce  the  provisions  of  this  subdivision,  provided,  however,  that 
the  said  director,  in  his  discretion  may  for  the  purpose  of  enforcing  this 
subdivision,  accept  the  milk  inspection  of  the  milk  inspecting  depart- 
ment of  any  city  or  town  of  any  milk  producer  located  in  such  city  or 
town  or  of  any  producer,  regardless  of  where  located,  who  furnishes  milk 
or  milk  products  to  a  milk  plant  or  milk  distributor  located  within  such 
city  or  town. 

184:99  Application  of  Statutes.  Whenever  there  is  any  provision 
of  this  subdivision  or  any  other  statute  defining  a  particular  kind  or  type 
of  milk  or  milk  product  or  setting  forth  requirements  as  to  the  chemical 
or  bacteriological  components,  standards  or  requirements  for  any  kind 
or  type  of  milk  or  milk  products,  or  specifying  standards  or  methods  for 
the  processing,  treatment  or  packaging  or  labeling  of  the  same,  or  when 
the  milk  sanitation  board  shall  have  lawfully  established  any  such  defini- 
tions or  requirements  by  regulations,  the  provisions  of  such  chapter, 
statute  or  regulation  shall  supersede  any  definition  or  requirements  for 
the  same  which  may  be  contained  in  any  city  ordinance  or  town  regula- 
tion,  whether   made  under  a  statute  or  an  ordinance;   provided   that 


1963]  Chapter  289  601 

nothing  contained  in  this  section  shall  be  construed  to  alter  or  impair  any 
of  the  powers  conferred  on  cities  and  towns  in  the  state  by  the  provisions 
of  RSA  184,  except  to  the  extent  that  the  same  may  be  inconsistent  with 
the  provisions  of  this  subdivision,  or  any  other  statute  or  of  any  lawful 
regulation  established  as  hereunder  provided. 

184:100  Penalty.  Any  person  who  violates  any  of  the  provisions  of 
this  subdivision  or  of  any  regulations  promulgated  hereunder,  shall,  upon 
conviction  for  the  first  offense  be  fined  not  exceeding  fifty  dollars,  for  the 
second  offense  be  fined  not  exceeding  one  hundred  dollars,  and  for  the 
third  and  each  subsequent  offense  be  fined  not  exceeding  two  hundred 
dollars  or  imprisoned  not  more  than  one  year  or  both. 

184:101  Authority  to  Embargo  and  Condemn.  Any  article  found  in 
violation  of  this  subdivision  may  be  subject  to  embargo  and  condemna- 
tion in  accord  with  the  provisions  of  RSA  146:20. 

184:102  Injunctions.  In  addition  to  the  provisions  of  sections  101 
and  102  above,  the  superior  court,  upon  complaint  of  the  director,  shall 
have  jurisdiction  to  restrain  and  enjoin  any  act  forbidden  or  declared 
illegal  by  any  provision  of  this  chapter;  and  it  shall  be  the  duty  of  the 
several  county  attorneys,  in  their  respective  counties,  to  enforce,  and 
restrain,  the  violation  of  this  chapter. 

289:2  Repeal.  RSA  184:40,  relative  to  the  pasteurization  of  milk, 
is  hereby  repealed. 

289:3  Beverages.  Amend  RSA  143  by  adding  after  section  19  the 
following  new  section:  143:19-a  Exemption.  The  provisions  of  this  sub- 
division shall  not  apply  to  persons,  firms,  and  corporations  duly  licensed 
under  the  provisions  of  the  milk  sanitation  code,  RSA  184:79-102. 

289:4  Appropriation.  The  sum  of  five  thousand  eight  hundred 
ninety-two  dollars  is  hereby  appropriated  to  be  expended  by  the  division 
of  public  health  for  the  purposes  of  RSA  184:79-102  for  the  fiscal  year 
ending  June  30,  1964  and  the  sum  of  five  thousand,  two  hundred  sixty- 
five  dollars  is  hereby  appropriated  for  the  same  purposes  for  the  fiscal  year 
ending  June  30,  1965.  The  governor  is  authorized  to  draw  his  warrant 
for  the  sums  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

289:5   Takes  Effect.   This  act  shall  take  effect  on  July  il,  1963;  pro- 
vided, that  no  licenses  hereunder  shall  be  required  until  January  1,  1964 
and  the  provisions  of  the  milk  sanitation  code  relative  to  licensing  and 
penalties  shall  not  be  effective  until  January  1,  1964. 
[Approved  July  3,  1963.] 
[Effective  date  as  of  July  1,  1963; 
providing  no  licenses  hereunder  re- 
quired until  January  1,  1964. 
Milk  Sanitation  Code  relative  to  li- 
censing and  penalties  effective  January  1,  1964.] 


602  Chapter  290  [1963 

CHAPTER  290. 

AN  ACT  RELATIVE  TO  BUSINESS  CORPORATION  LAW. 

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

290:1  Business  Corporation  Law.  Amend  RSA  294:3  by  striking 
out  said  section  and  inserting  in  place  thereof  the  following:  294:3  Name. 
Tlie  corporate  name  must  end  with  the  words  "corporation",  "incor- 
porated" or  the  abbreviation  "Inc."  or  "Corp."  The  provisions  of  this 
section  shall  not  affect  the  right  of  any  corporation  existing  on  April  3, 
1931,  to  continue  the  use  of  its  name.  Subject  to  the  above  limitation  any 
corporate  name  may  be  assumed  which  is  not  in  use  by  any  other  New 
Hampshire  corporation  or  any  foreign  corporation  admitted  to  do  busi- 
ness in  this  state,  and  which  is  not  so  similar  thereto  or  to  that  of  any 
partnership  or  association  carrying  on  business  in  this  state,  as  to  be 
liable  to  be  mistaken  for  it;  provided,  that  such  name  or  similar  name 
may  be  adopted  with  the  consent  in  writing  of  such  existing  corporation, 
partnership,  or  association  filed  with  the  articles  of  agreement. 

290:2  Capital  Stock.  Amend  RSA  294  by  inserting  after  section 
28  the  following  new  sections:  294:28-a  Filing  Required.  Upon  redemp- 
tion of  its  own  shares  of  stock  a  corporation  shall  file  with  the  secretary 
of  state  an  appropriate  amendment  recording  the  change  in  outstanding 
shares.  The  fee  for  recording  such  amendment  shall  be  the  same  as  pro- 
vided for  recording  an  amendment  under  section  46.  294:28-b  Agree- 
ments. Every  corporation  organized  under  the  provisions  of  this  chapter 
shall  have  the  power  to  enter  into  an  agreement  or  agreements  with  any 
of  its  stockholders  providing  for  the  purchase  or  redemption  of  any  or 
all  of  the  shares  of  such  stockholder  or  stockholders  upon  the  terms  and 
conditions  and  for  the  price  set  forth  in  such  agreement.  Every  such 
agreement  between  a  corporation  and  its  stockholders  shall  be  authorized 
or  ratified  on  behalf  of  the  corporation  by  a  majority  of  its  directors  or 
such  greater  number  as  may  be  required  by  the  articles  of  agreement  or 
by-laws  of  the  corporation.  Any  such  agreement  shall  be  subject  to  the 
provisions  of  section  28,  28-a  and  101.  Notwithstanding  the  provisions  of 
sections  5,  26  and  29  an  agreement  between  a  corporation  and  its  stock- 
holders entered  into  under  the  provisions  of  this  section  shall  not  be 
required  to  be  a  part  of  the  articles  of  agreement,  the  record  of  organiza- 
tion or  by-laws  of  the  corporation  and  shall  not  be  required  to  be  filed 
with  the  record  of  organization  in  the  office  of  the  secretary  of  state.  Every 
agreement  in  effect  as  of  the  passage  of  this  act  which  is  an  agreement 
such  as  is  described  in  this  section  shall  be  valid  without  further  act  by 
the  corporation  or  its  stockholders. 

290:3  Voting  Rights.  Amend  RSA  294:52  by  striking  out  said  sec- 
tion and  inserting  in  place  thereof  the  following:    294:52   Terms.   Each 


1963]  Chapter  291  603 

certificate  of  stock  which  is  limited  as  to  its  voting  rights,  or  which  is  pre- 
ferred as  to  its  dividends,  or  as  to  its  share  of  the  principal  upon  dissolu- 
tion, or  is  otherwise  qualified  or  restricted,  or  is  subject  to  a  repurchase 
or  redemption  agreement  by  the  corporation,  shall  bear  thereon  a  sum- 
mary of  such  limitation,  terms  of  preference,  qualification,  restriction  or 
repurchase  and  a  reference  to  the  clause  in  the  articles  of  agreement  or 
votes  authorizing  or  establishing  the  same. 

290:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  il,  1963.] 


CHAPTER  291. 

AN  ACT  TO  PROVIDE  ADDITIONAL  INDUSTRIAL  AGENTS. 

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

291:1  Senior  Industrial  Agents.  Amend  RSA  12-A  by  inserting 
after  section  12  the  following  new  sections:  12-A:  13  Northern  County 
Industrial  Agent.  A  special  position  shall  be  provided  in  the  industrial 
development  section  of  the  division  of  economic  development  of  the 
New  Hampshire  department  of  resources  and  economic  development 
known  as  senior  industrial  agent  for  the  counties  of  Coos,  Grafton  and 
Carroll.  The  job  classification  and  description  of  such  senior  industrial 
agent  shall  be  identical  to  that  now  in  force  in  the  department  of  person- 
nel for  senior  industrial  agent.  Such  person  shall  be  appointed  by  the 
governor  and  council  and  shall  from  time  to  time  file  a  written  report 
with  them  concerning  his  activities.  He  shall  be  trained  in  the  department 
of  resources  and  economic  development,  under  the  supervision  of  the 
commissioner  of  said  department.  He  shall  maintain  his  residence  in 
one  of  said  three  counties  and  his  duties  shall  be  primarily,  but  not  lim- 
ited to,  assisting  the  political  subdivisions  of  the  state,  regional  develop- 
ment organizations  or  groups,  and  individuals  to  maintain  and  expand 
existing  industries  and  to  encourage,  assist,  and  aid  new  industries  to 
establish  operations  in  said  three  counties,  and  his  efforts  shall  be  directed 
to  the  economic  development  of  the  three  counties  of  Coos,  Grafton  and 
Carroll. 

12-A:  14  Industrial  Agent  for  Areas  of  Unemployment.  There  shall 
be  a  senior  industrial  agent  in  the  division  of  economic  development  of 
the  New  Hampshire  department  of  resources  and  economic  development 
in  addition  to  the  industrial  agent  provided  for  by  section  13  of  this 


604  Chapter  292  [1963 

chapter  and  any  other  industrial  agents  now  employed  by  the  department. 
He  shall  be  appointed  by  the  governor  and  council  in  accordance  with 
and  subject  to  the  general  statutes  of  the  state.  His  primary  duty,  how- 
ever, shall  consist  of  aiding  and  working  in  those  areas  of  the  state  which 
have  the  most  continuous  and  excessive  unemployment  or  such  other  areas 
which,  by  geographic  location  or  the  possession  of  other  labor  potentials 
are  capable  of  benefiting  through  further  industrial  expansion. 

291:2  Appropriation.  In  addition  to  any  other  appropriations  made 
for  the  department  of  resources  and  economic  development,  there  is 
hereby  appropriated  for  the  payment  of  the  salaries  and  expenses,  in- 
cluding travel  expenses,  of  the  senior  industrial  agents  hereby  authorized 
the  sum  of  twenty-four  thousand  dollars  for  the  fiscal  year  ending  June 
30,  1964,  and  twenty-four  thousand  dollars  for  the  fiscal  year  ending  June 
30,  1965. 

291:3   Takes  Effect.  This  act  shall  take  effect  on  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  il,  1963.] 


CHAPTER  292. 

AN  ACT  TO  CLARIFY  THE  STATUS  OF  PASSENGER  TRAMWAY  DEVICES. 

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

292:1  Exclusion.  Amend  paragraph  III  of  RSA  225-A:2  by  insert- 
ing at  the  end  thereof  the  following,  An  operator  of  a  passenger  tram- 
way shall  be  deemed  not  to  be  operating  a  common  carrier,  so  that  said 
paragraph  as  amended  shall  read  as  follows:  III.  Operator  is  a  person 
who  owns  or  controls  the  operation  of  a  passenger  tramway.  The  word 
"operator"  shall  include  the  state  or  any  political  subdivision.  An  oper- 
ator of  a  passenger  tramway  shall  be  deemed  not  to  be  operating  a  com- 
mon carrier. 

292:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  293  605 

CHAPTER  293. 

AN  ACT  RELATING  TO  INTEREST  FROM  DATE  OF  WRIT  IN  CERTAIN  CASES. 

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

293:1  Judgments.  Amend  RSA  524: 1-b  as  inserted  by  1957,  201  by 
striking  out  the  same  and  inserting  in  place  thereof,  the  following: 
524: 1-b  Interest  from  Date  of  Writ.  In  all  other  civil  proceedings  at  law 
or  in  equity  in  which  a  verdict  is  rendered  or  a  finding  is  made  for  pe- 
cuniary damages  to  any  party,  whether  for  personal  injuries,  for  wrongful 
death,  for  consequential  damages,  for  damage  to  property,  business  or 
reputation,  or  for  any  other  type  of  loss  for  which  damages  are  recognized, 
there  shall  be  added  by  the  clerk  of  court  to  the  amount  of  damages  in- 
terest thereon  from  the  date  of  the  writ  or  the  filing  of  the  petition  to  the 
date  of  entry  of  final  judgment,  even  though  such  interest  brings  the 
amount  of  the  verdict  or  findings  beyond  the  maximum  liability  imposed 
by  law. 

293:2  Repeal.  RSA  524:1  is  hereby  repealed. 

293:3  Takes  Eflect.  This  act  shall  take  effect  upon  its  passage  and 
shall  apply  to  all  existing  causes  of  action,  whether  suit  is  pending  or 
not,  in  which  such  verdicts  or  findings  are  or  may  have  been  rendered 
subsequent  to  August  30,  1957,  and  with  respect  to  which  judgments 
remain  unsatisfied  of  record  on  passage  of  this  bill. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  294. 

AN  ACT  RELATING  TO  THE  UNLAWFUL  PRACTICE  OF  PROFESSIONAL 

ENGINEERING. 

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

294:1  Unlawful  Practice.  Amend  RSA  319  by  inserting  at  the  end 
thereof  the  following  new  section:  319:31  Restraint  of  Violations.  The 
superior  court  shall  have  jurisdiction  in  equity  to  restrain  violations  of 
section  29  of  this  chapter  on  proceedings  brought  by  the  attorney  general 
or  by  any  society  of  professional  engineers  duly  incorporated  under  the 
laws  of  this  state. 

294:2  Takes  E£Fect.  This  act  shall  take  effect  sixty  days  after  pas- 
sage. 

[Approved  July  3,  il963.] 
[Effective  September  1,  1963.] 


606  Chapter  295  [1963 

CHAPTER  295. 

AN  ACT  AUTHORIZING  INSURANCE  COMPANIES  TO  JOIN  TOGETHER  TO  OFFER  TO 

SENIOR  CITIZENS  OF  NEW  HAMPSHIRE  HEALTH  INSURANCE 

AGAINST  MAJOR  FINANCIAL  LOSS. 

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

295:1  Health  Insurance  for  the  Aged.  Amend  RSA  415  by  adding 
at  the  end  thereof  the  following  new  section:  415:21  Health  Insurance 
through  Joint  Action.  (1)  Notwithstanding  any  contrary  provision  of 
this  chapter  or  of  any  other  law,  two  or  more  insurance  companies  au- 
thorized to  carry  on  the  business  of  healtli  insurance  in  this  state  may 
join  together  to  offer  to  any  resident  of  this  state  who  has  reached  or 
passed  his  sixty-fifth  birthday  and  to  the  spouse  of  such  resident,  insur- 
ance against  major  financial  loss  from  accident  or  disease.  Such  insurance 
may  be  offered  by  such  companies  in  their  own  names  or  in  the  name  of 
a  voluntary  unincorporated  association  or  other  organization  formed  by 
such  companies  solely  for  the  purpose  of  offering  this  type  of  insurance. 
The  forms  of  applications,  certificates  and  policies  of  such  insurance  and 
the  applicable  premium  rates  shall  be  filed  with  the  insurance  commis- 
sioner and  shall  conform  to  the  requirements  of  this  chapter  as  to  forms 
of  policies  of  accident  and  sickness  insurance  so  far  as  practical  and  ap- 
plicable and  the  commissioner  may  require  such  additional  pertinent 
information  as  he  may  deem  necessary  and  require  deviation  from  the 
statutory  provisions  for  the  forms  of  such  policies.  (2)  The  joint  action 
authorized  by  this  section  may  be  taken  in  connection  with  a  plan  to 
offer  such  insurance  to  residents  of  other  states  in  combination  with  in- 
surance offered  to  residents  of  this  state  subject  to  approval  by  the  insur- 
ance commissioner.  (3)  A  financial  summary  concerning  any  insurance 
written  under  the  authority  of  this  section  shall  be  furnished  annually 
to  the  insurance  commissioner  in  such  form  as  he  may  prescribe.  If  the 
insurance  commissioner  finds  that  any  forms  for  such  insurance  are  not 
in  the  public  interest  or  that  the  premium  rates  charged  are  by  reasonable 
assumptions  excessive  in  relation  to  the  benefits  provided,  he  may  dis- 
approve such  forms  or  premium  rates  after  notice  of  at  least  twenty  days 
and  hearing.  Any  person  aggrieved  by  any  order  or  decision  of  the  insur- 
ance commissioner  under  this  section  shall  be  entitled  to  a  rehearing 
and  appeal  in  accordance  with  the  provisions  of  RSA  541. 

295:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  296  607 

CHAPTER  296. 

AN  ACT  RELATIVE  TO  EMPLOYING  MINORS. 

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

296:1  Employment  Permitted.  Amend  RSA  175  by  inserting  after 
section  8-a  (supp)  as  inserted  by  1959,  157:1  the  following  new  section: 

175:8-b  Employment  of  Minors;  Exception.  Notwithstanding  the 
provisions  of  section  8  of  this  chapter  holders  of  wholesaler's  permits  un- 
der the  provisions  of  RSA  il81:9  may  employ  minors  of  eighteen  years  of 
age  or  over,  provided  that  such  minors  shall  not  be  employed  as  a  solicitor 
under  the  provisions  of  RSA  181:10. 

296:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  297. 

AN  ACT  PROVIDING  FOR  A  DIRECTOR  OF  LEGISLATIVE  SERVICES. 

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

297:1  Legislative  Services.  Amend  RSA  by  inserting  after  chapter 
17  the  following  new  chapter: 

Chapter  17-A 

Director  of  Legislative  Services 

17-A:1  Office  Established.  There  shall  be  a  director  of  legislative 
services,  appointed  as  hereinafter  provided,  who  shall  have  the  following 
functions  and  duties: 

I.  To  draft  bills  for  both  houses  of  the  general  court  and  the  in- 
dividual members  and  incoming  members  thereof,  both  during  sessions 
and  while  the  general  court  is  not  in  session,  and  to  check  and  examine 
all  bills  and  joint  resolutions  prior  to  final  engrossment. 

II.  Pursuant  to  the  direction  of  the  president  of  the  senate  and  the 
speaker  of  the  house,  to  perform  or  cause  to  be  performed,  as  circum- 
stances will  permit,  research  and  drafting  service  requested  by  any  com- 
mittee of  the  general  court  in  connection  with  the  performance  of  its 
functions;  to  give  such  consideration  to  and  service  concerning  any  meas- 
ure before  the  general  court  as  circumstances  will  permit  and  which  is 


608  Chapter  297  [1963 

in  any  way  requested  by  the  house  or  senate  or  any  committee  of  the 
general  court  having  the  matter  before  it;  to  assist  and  cooperate  with 
any  interim  legislative  committee  or  commission,  and  to  approve  all 
manifests  for  the  expenditure  of  funds  by  such  interim  committees  and 
commissions.  Research  and  drafting  assignments  made  to  him  by  joint 
or  concurrent  action  of  the  general  court  shall  be  given  priority  over 
other  research  and  drafting  requests  received. 

17-A:2  Appointment.  A  special  committee  composed  of  the  presi- 
dent of  the  senate,  the  speaker  of  the  house  of  representatives,  the  minor- 
ity leader  of  the  house,  the  minority  leader  of  the  senate,  the  chairman 
of  the  senate  finance  committee  and  the  chairman  of  the  house  appro- 
priations committee,  shall  appoint  the  director  of  legislative  services  and 
fix  his  salary.  He  shall  hold  office  for  a  term  of  four  years  from  the  date 
of  his  appointment  and  until  his  successor  is  appomted.  He  shall  be 
chosen  without  reference  to  party  affiliation  and  solely  on  the  ground 
of  his  fitness,  qualifications  and  experience  to  perform  the  duties  of  his 
office.  In  the  performance  of  its  duties  under  this  chapter,  said  special 
committee  may  act  whether  or  not  the  general  court  is  then  in  session; 
and  four  members  thereof  shall  constitute  a  quorum. 

17-A:3  Office.  The  director  of  legislative  services  shall  maintain  a 
permanent  office  in  the  state  house  where  he  shall  be  provided  with  suit- 
able and  sufficient  offices  convenient  to  the  chambers  of  the  house  and 
senate  and  shall  be  in  attendance  upon  all  sessions  of  the  general  court. 
Said  office  shall  be  kept  open  during  the  time  provided  for  other  state 
offices,  and  when  the  general  court  is  in  session  at  such  hours,  day  and 
nieht,  as  are  most  convenient  for  members  of  the  general  court. 

17-A:4  Assistants.  The  director  may,  subject  to  the  approval  of  the 
special  committee  hereinbefore  referred  to,  appoint  and  fix  the  com- 
pensation of  such  additional  professional,  technical,  clerical  or  other 
employees  necessary  to  perform  his  functions  and  duties  under  this  chap- 
ter. He  may,  subject  to  like  approval,  designate  one  of  said  employees  to 
be  his  deputy  to  act  in  his  absence. 

17-A:5  Attorney  General's  Office.  The  director  may  call  upon  the 
attorney  general's  office  for  technical,  clerical,  and  other  assistance  in  the 
performance  of  his  duties  hereunder;  and,  subject  to  the  availability  of 
personnel,  such  assistance  shall  be  made  available.  Any  regular  employee 
of  the  attorney  general's  office  engaged  in  such  legislative  service  shall 
receive,  in  addition  to  his  classified  salary,  such  additional  compensation 
for  overtime  work  performed  as  the  attorney  general  may  determine, 
subject  to  the  approval  of  the  general  court.  The  additional  compensa- 
tion provided  herein  shall  be  a  charge  upon  the  appropriation  for  the 
legislature. 

297:2  Cities  and  Towns.  Amend  RSA  I4:6-a  (supp)  as  inserted  by 
1959,  56:1,  by  striking  out  the  words  "legislative  drafting  service  in  the 


1963]  Chapter  297  609 

office  of  the  attorney  general"  in  the  third  and  fourth  lines  and  inserting 
in  place  thereof  the  words,  director  of  legislative  services;  and  by  striking 
out  the  word  "service"  in  the  seventh  and  ninth  lines  and  inserting  in 
place  thereof  the  word,  director,  so  that  said  section  as  amended  shall  read 
as  follows:  14:6-a  Notice  Required.  Whenever  there  is  introduced  into 
either  branch  of  the  general  court  a  private  act  which  relates  to  a  par- 
ticular town  or  city  or  other  political  subdivision  the  director  of  legis- 
lative services  shall  forthwith  send  copies  thereof  to  the  board  of  selectmen 
of  the  town,  governing  body  of  the  city  or  executive  head  of  the  political 
subdivision  concerned  and  to  the  clerk  of  the  town,  city  or  political  sub- 
division. Said  director  may  also  forward  copies  of  the  bill  to  any  other 
officials  of  the  municipality  who,  in  the  judgment  of  the  director,  should 
receive  notice  of  the  introduction  of  said  bill. 

297:3  Advanced  Drafting.  Amend  RSA  14:39  by  striking  out  the 
words  "attorney  general  as  provided  in  section  36,  supra,"  in  the  sixth 
and  seventh  lines  and  inserting  in  place  thereof  the  words,  director  of 
legislative  services  as  provided  in  RSA  17-A,  so  that  said  section  as  amend- 
ed shall  read  as  follows:  14:39  Proposed  Bills.  Any  senator-elect  or  rep- 
resentative-elect, on  and  after  December  first,  may  file  with  the  secretary 
of  state  such  bills  as  he  desires  to  introduce.  The  secretary  of  state,  at 
some  convenient  time  during  the  month  of  November,  shall  notify  each 
senator-elect  and  representative-elect  of  the  provisions  of  this  section  and 
of  the  availability  of  the  bill  drafting  service  in  the  office  of  the  director 
of  legislative  services  as  provided  in  RSA  17-A.  Such  notice  shall.  If 
possible,  be  given  coincidentally  with  the  mailing  of  the  roster  of  new 
members  to  each  member-elect.  Eleven  hundred  copies  of  each  bill  shall 
be  printed  and  a  copy  furnished  to  any  citizen  who  may  apply  therefor. 
The  secretary  of  state  shall  cause  the  original  type  used  in  the  composi- 
tion of  said  bills  to  be  retained  until  at  least  ten  days  after  the  convening 
of  the  general  court,  in  the  event  that  further  copies  of  said  bills  may 
be  necessary.  Not  later  than  the  second  day  of  the  session,  the  secretary 
of  state  shall  file  the  bills  and  all  undistributed  copies  with  the  clerk 
of  that  branch  of  the  legislature  in  which  the  respective  bills  are  to  be 
introduced. 

297:4  Repeal.  RSA  14:36-38,  inclusive,  relative  to  the  legislative 
service  for  the  drafting  of  bills  in  the  office  of  the  attorney  general,  are 
hereby  repealed. 

297:5  Appropriation.  There  is  hereby  appropriated  the  sum  of 
thirty  thousand  dollars  for  the  fiscal  year  ending  Jime  30,  1964  and  a 
like  sum  for  the  fiscal  year  ending  June  30,  1965,  for  the  office  of  the 
director  of  legislative  services.  An  additional  sum  of  five  thousand  dollars 
for  the  period  from  July  1,  1963  to  June  30,  1965  is  hereby  appropriated 
for  the  services  of  a  consultant  to  the  director  of  legislative  services,  to 
be  engaged  by  him,  subject  to  the  approval  of  a  committee  composed  of 


610  Chapter  298  [1963 

the  president  of  the  senate,  the  speaker  of  the  house,  the  minority  leader 
of  the  house,  the  minority  leader  of  the  senate,  the  chairman  of  the  senate 
finance  committee  and  the  chairman  of  the  house  appropriations  com- 
mittee, any  four  of  whom  may  act  as  a  quorum.  If  a  member  of  the  staff 
of  the  attorney  general's  office  is  appointed  to  the  post  of  consultant  here- 
under such  sums  as  he  may  be  paid  as  such  consultant  shall  be  in  addi- 
tion to  his  regular  classified  salary.  The  sums  appropriated  hereunder 
shall  be  a  charge  upon  the  legislative  appropriation. 

297:6  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  298. 

AN  ACT  PROVIDING  ONE  OPEN  SEASON  FOR  TAKING  DEER. 

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

298:1  Wild  Deer.  Amend  RSA  208:2  (supp)  as  amended  by  1955, 
264:(1  and  1961,  254:1  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  208:2  Taking;  Time.  Wild  deer,  outside  game 
preserves,  may  be  hunted  and  taken  from  one-half  hour  before  sunrise 
to  one-half  hour  after  sunset  from  November  15  to  December  10,  in- 
clusive, provided  that  no  deer  shall  be  hunted  or  taken  at  any  time  on  any 
island  or  in  any  waters  in  lakes  and  ponds. 

298:2  Repeal.  RSA  208:2-a  (supp)  as  inserted  by  1955,  268:1  rela- 
tive to  marking  the  location  of  the  line  for  the  division  of  state  for  taking 
deer,  is  hereby  repealed. 

298:3  Areas  Closed.  Amend  RSA  208  by  inserting  after  section  4 
the  following  new  section:  208:4-a  Protection  of  Herd.  Notwithstanding 
the  provisions  of  section  2  the  director  of  fish  and  game,  whenever  he 
shall  deem  such  action  necessary  to  protect  and  conserve  the  deer  herd 
of  the  state,  shall  have  the  authority  to  close  any  section  of  the  state  to 
hunting  and  taking  deer.  Any  person  hunting  and  taking  deer  from  an 
area  of  the  state  closed  to  such  hunting  and  taking  hereunder  shall  be 
fined  not  more  than  one  hundred  dollars. 

298:4  Takes  Effect.  This  act  shall  take  effect  as  of  November  10, 
1963. 

[Approved  July  3,  1963.] 
[Effective  November  10,  1963.] 


1963]  Chapter  299  611 

CHAPTER  299. 

AN  ACT  RELATIVE  TO  BEAGLE  FIELD  TRIALS. 

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

299:1  PeiTnits.  Amend  RSA  207:12  by  inserting  after  the  word 
"animals"  in  the  seventh  line  the  words,  Permits  shall  be  issued  to  any 
beagle  dub  recognized  by  the  American  Kennel  Club,  or  to  a  member 
of  such  beagle  club,  for  the  training,  at  any  time  except  during  the  open 
season  for  deer,  of  beagles  to  be  run  at  beagle  club  trials  to  be  conducted 
under  American  Kennel  Club  rules  and  regulations,  so  that  said  section 
as  amended  shall  read  as  follows:  207:12  Training  of  Dogs.  Permits 
will  be  issued  in  the  discretion  of  the  director  to  anyone  showing  just 
cause,  to  allow  the  training  of  dogs,  when  accompanied  by  and  under 
the  control  of  their  owner  or  handler,  upon  any  game  or  fur-bearing 
animals  except  deer,  during  the  closed  season  on  such  game  or  fur-bearing 
animals;  provided  that,  during  such  period  no  firearms  other  than  a 
pistol  or  revolver  are  carried,  and  no  injury  is  inflicted  upon  such  game 
or  fur-bearing  animals.  Permits  shall  be  issued  to  any  beagle  club  recog- 
nized by  the  American  Kennel  Club,  or  to  a  member  of  such  beagle  club, 
for  the  training,  at  any  time  except  during  the  open  season  for  deer,  of 
beagles  to  be  run  at  beagle  club  trials  to  be  conducted  under  American 
Kennel  Club  rules  and  regulations. 

Under  control  is  hereby  defined  to  mean  within  call,  except  when 
actually  on  a  trail  or  track  of  game. 

299:2  Beagle  Trials.  Amend  RSA  207:13  (supp)  as  amended  by 
1955,  78:1,  by  inserting  at  the  end  of  said  section  the  following  words: 
Provided  that  the  director  shall  issue  permits  for  beagle  trials  to  any 
beagle  club  recognized  by  the  American  Kennel  Club  for  trials  to  be 
run  under  the  rules  and  regulations  of  the  American  Kennel  Club.  The 
director  or  his  authorized  agent  shall  enforce  the  terms  of  such  permits, 
so  that  said  section  as  amended  shall  read  as  follows:  207:13  Field  Trials. 
Field  trials  for  dosfs  mav  be  held  at  such  times,  in  such  manner,  and  under 
such  restrictions,  as  may  be  prescribed  by  the  director.  Any  person  wish- 
ing to  hold  a  field  trial  shall  first  obtain  a  written  permit  from  the  person 
on  whose  land  it  is  proposed  to  hold  the  trial,  present  the  same  to  the 
director,  and  pay  a  fee  of  ten  dollars,  except  that  the  fee  shall  be  two 
dollars  for  field  trials  for  coon  dogs.  The  director  may  thereupon  issue 
a  permit  for  such  field  trial.  The  director,  or  his  duly  authorized  agent, 
shall  supervise  the  holding  of  such  field  trial  and  enforce  the  terms  of 
the  permits  therefor,  and  the  rules  and  regulations  for  the  conduct  there- 
of. The  director  shall  adopt  such  rules  and  regulations  for  the  conduct 
of  field  trials  as  in  his  opinion  are  necessary  to  safeguard  the  interest  of 
the  wild  life  of  the  state.  Provided  that  the  director  shall  issue  permits  for 
beagle  trials  to  any  beagle  club  recognized  by  the  American  Kennel  Club 


612  Chapter  300  [1963 

for  trials  to  be  run  under  the  rules  and  regulations  of  the  American  Ken- 
nel Club.  The  director  or  his  authorized  agent  shall  enforce  the  terms 
of  such  permits. 

299:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  300. 

AN  ACT  RELATIVE  TO  MOTOR  VEHICLE  ROAD  TOLLS. 

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

300:1  Motor  Vehicle  Road  Tolls.  Amend  paragraph  VIII  of  RSA 
265:2  (supp)  as  inserted  by  1957,  117:1  by  striking  out  said  paragraph 
and  inserting  in  place  thereof  the  following:  VIII.  "Retail  dealer"  shall 
include  any  person  or  persons  other  than  a  licensed  distributor  who  en- 
gages primarily  in  the  business  of  selling  or  distributing  motor  fuel  with- 
in this  state  at  the  retail  level;  provided  further  that  retail  dealer  shall 
not  include  any  person  or  persons  who  receive  motor  fuel  upon  which 
the  road  toll  has  been  paid  by  a  licensed  distributor  for  storage  or  subse- 
quent distribution  at  the  wholesale  level  or  solely  for  storage  and  con- 
sumption by  such  person  or  persons. 

300:2  Users  of  Fuel.  Amend  subparagraph  (c)  of  RSA  265:22,  II  by 
adding  after  the  w^ord  "mean"  the  words,  in  addition  to  its  original  mean- 
ing, so  that  said  subparagraph  as  amended  shall  read  as  follows:  (c)  "Use" 
shall  mean,  in  addition  to  its  original  meaning,  the  receipt  of  fuel  by  any 
user  into  his  motor  vehicle  or  into  a  receptacle  from  which  fuel  is  sup- 
plied by  such  user  to  his  motor  vehicle. 

300:3  Licenses.  Amend  RSA  265:8  by  inserting  after  the  word 
"sell"  in  the  second  line  the  words,  or  use,  so  that  said  section  as  amended 
shall  read  as  follows:  265:8  Application  for  License;  Contents;  Licensing 
of  Distributors.  It  shall  be  unlawful  for  any  person  to  sell  or  use  motor 
fuel  upon  which  the  road  toll  imposed  herein  and  collected  hereunder 
has  not  been  paid,  unless  such  person  is  the  holder  of  an  uncancelled 
license  to  engage  in  business  as  a  distributor  of  motor  fuels.  To  procure 
such  license  an  application  under  penalties  of  perjury  must  be  filed  with 
the  director  in  such  form  as  he  may  prescribe  and  the  application  must 
be  accompanied  by  a  bond,  or  the  deposit  of  cash  or  government  obliga- 
tions, of  the  character  stipulated  in  section  9  hereof.  In  the  event  that  an 
application  is   filed  by  any  person  whose  license  has  theretofore  been 


1963]  Chapter  301  613 

cancelled  tor  cause,  or  that  the  director  is  of  the  opinion  that  such  ap- 
plication is  not  filed  in  good  faith,  then  in  either  of  said  events,  the  di- 
rector, after  a  hearing  of  which  the  applicant  shall  have  five  days'  notice 
in  writing  and  the  right  to  appear,  may  refuse  to  issue  such  license.  The 
application  and  bond,  or  cash  or  government  obligations,  having  been 
accepted  and  approved  and  all  other  conditions  and  requirements  of  this 
act  fully  complied  with,  the  director  shall  issue  a  license  certificate  valid 
only  for  the  distributor  in  whose  name  issued.  Such  license  shall  be  un- 
assignable and  shall  remain  in  full  force  and  effect  until  cancelled.  The 
director  shall  furnish  annually  each  licensed  distributor  a  complete  list 
of  all  licenses  issued  under  this  chapter,  which  list  shall  be  supplemented 
monthly. 

300:4    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  301. 

AN  ACT  ESTABLISHING  A  COUNCIL  OF  RESOURCES  AND  DEVELOPMENT. 

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

301:1  Council  Established.  There  shall  be  a  council  on  resources 
and  development  composed  of  ten  members  one  from  each  of  the  follow- 
ing state  agencies:  department  of  agriculture;  department  of  education; 
fish  and  game  commission;  department  of  public  works  and  highways; 
water  pollution  commission;  water  resources  board;  department  of  re- 
sources and  economic  development;  each  of  the  three  divisions  of  the 
department  of  resources  and  economic  development,  namely,  division  of 
economic  development,  division  of  resources  and  division  of  state  parks. 

301:2  Duties  of  the  Council.  The  council  shall  consult  upon  com- 
mon problems  in  the  field  of  natural  resources  and  their  development; 
consult  with,  negotiate  with  and  obtain  information  from  any  federal 
agency  that  may  or  could  be  involved  or  concerned  with  any  of  its  prob- 
lems, reports,  recommendations  or  studies;  make  such  reports  and  recom- 
mendations as  may  be  desirable  in  its  opinion  to  the  governor  and  council; 
and,  subject  to  the  approval  of  the  board,  commission  or  commissioner 
of  the  agency  or  department  affected,  make  such  studies  and  recommenda- 
tions upon  its  own  initiative,  or  upon  request,  to  the  general  court  con- 
cerning such  changes  as  it  may  deem  advisable  to  coordinate  effectively 


614  Chapter  301  [1963 

the  work  of  the  agencies  which  have  membership  in  the  council.  Its  de- 
cisions shall  be  advisory  only. 

301:3  Appointment  and  Tenure  of  Members.  The  commissioner 
of  agriculture,  the  commissioner  of  education,  the  fish  and  game  com- 
mission, commissioner  of  public  works,  the  water  pollution  commission, 
the  water  resources  board,  shall  each  appoint  the  member  to  represent 
their  respective  agency.  The  commissioner  of  the  department  of  resources 
and  economic  development  shall  appoint  four  members,  one  to  represent 
his  department  as  a  whole  and  one  to  represent  each  of  the  divisions 
under  his  direction.  Any  vacancy  shall  be  filled  by  appointment  in  the 
same  manner  as  original  appointments.  Members  shall  serve  without 
compensation  and  shall  be  appointed  for  a  term  of  one  year  or  until  his 
successor  is  appointed,  provided,  however,  that  a  member  may  be  ap- 
pointed to  succeed  himself.  In  any  case  the  member's  term  of  office  shall 
terminate  when  he  ceases  to  be  a  member  of  the  state  agency  he  has  been 
appointed  to  represent. 

301:4  Organization  and  Meetings.  The  first  meeting  of  the  council 
shall  be  held  no  later  than  thirty  days  after  the  passage  of  this  act  at  the 
call  of  the  commissioner  of  the  department  of  resources  and  economic 
development  who  shall  be  the  chairman  of  said  first  meeting,  and  who 
shall  prepare  and  have  delivered  at  least  seven  days  before  every  meeting 
of  the  council  an  agenda  for  said  meeting.  Thereafter  the  council  shall 
meet  no  less  often  than  once  in  every  three  months  but  may  meet  more 
often  if  it  deems  it  advisable.  The  chairmanship  of  the  council  shall  be 
rotated  so  that  each  of  its  members  in  sequence  shall  be  chairman  and 
no  member  shall  be  chairman  for  two  successive  meetings.  The  purpose 
of  this  provision  is  to  give  equal  representation  to  each  of  the  agencies 
of  the  state  represented  on  the  council. 

301:5     Consultation    With    Historical    Commission    Discretionary. 

Amend  section  4  of  RSA  2'16-A  (supp)  as  inserted  by  1961  263:4  by  strik- 
ing out  the  same  and  inserting  in  place  thereof  the  following:  216-A:4 
State  Historical  Commission;  Recommendations.  Under  the  authority 
of  this  act,  in  the  selection,  development,  use  and  operation  of  sites  and 
properties  having  historical  significance,  now  owned  or  to  be  acquired  by 
the  state,  the  forestry  and  recreation  commission,  if  it  deems  it  in  the 
public  interest,  may  request  the  assistance  of  and  consult  with  the  state 
historical  commission. 

301:6  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  302  615 

CHAPTER  302. 

AN   ACT  RELATIVE  TO  RETIREMENT  BENEFITS  FOR  OFFICIALS  AND  EMPLOYEES 

OF  THE  REGIONAL  ASSOCIATIONS  AND  NEW  HAMPSHIRE 

MUNICIPAL  ASSOCIATION. 

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

302:1  Regional  Associations.  Amend  RSA  100  by  inserting  after 
section  45  (supp)  as  inserted  by  1955,  301,  the  following  new  subdivision: 

Employees  of  Regional  Associations 

100:46  Participation  Authorized.  Any  of  the  six  New  Hampshire 
regional  associations  may,  by  resolution  legally  adopted,  in  form  approved 
by  the  board  of  trustees  of  the  state  employees'  retirement  system,  elect 
to  have  its  officers  and  employees  become  eligible  to  participate  in  the 
state  employees'  retirement  system.  After  such  election,  such  regional 
association  shall  be  known  as  an  employer  for  the  purposes  of  this  chap- 
ter. The  board  of  trustees  of  the  state  employees'  retirement  system  shall 
set  a  date  when  the  participation  of  the  officers  and  employees  of  said 
association  shall  become  effective,  and  then  such  officers  and  employees 
may  become  members  of  the  state  employees'  retirement  system  and  par- 
ticipate therein. 

100:47  —  Membership  Requirements.  Membership  in  the  state  em- 
ployees' retirement  system  shall  be  optional  for  the  officers  and  employees 
of  such  regional  association  who  are  in  its  service  on  the  date  when  par- 
ticipation becomes  effective  and  any  such  officer  or  employee  who  elects 
to  join  such  system  shall  be  entitled  to  a  prior  service  certificate  covering 
such  periods  of  previous  service  rendered  to  such  regional  association 
or  the  state  for  which  such  regional  association  is  willing  to  make  ac- 
crued liability  contributions.  Membership  shall  be  compulsory  for  all 
employees  entering  the  service  of  such  regional  association  after  the  date 
participation  becomes  effective. 

100:48  —  Reports.  The  chief  fiscal  officer  of  such  regional  associa- 
tion shall  submit  to  the  board  of  trustees  such  information  and  shall  cause 
to  be  performed,  with  respect  to  the  employees  of  such  regional  associa- 
tion who  are  members  of  said  retirement  system,  such  duties  as  shall  be 
prescribed  by  the  board  of  trustees  in  order  to  carry  out  the  provisions 
hereof. 

302:2  New  Hampshire  Municipal  Association.  Amend  RSA  100  by 
inserting  after  section  48  as  inserted  by  section  1  of  this  bill  the  following 
new  subdivision: 

Employees  of  New  Hampshire  Municipal  Association 
100:49    Participation  Authorized.    The  New  Hampshire  Municipal 


616  Chapter  303  [1963 

Association  may,  by  resolution  legally  adopted,  in  form  approved  by  the 
board  of  trustees  of  the  state  employees'  retirement  system,  elect  to  have 
its  officers  and  employees  become  eligible  to  participate  in  the  state  em- 
ployees' retirement  system.  After  such  election,  said  Municipal  Associa- 
tion shall  be  known  as  an  employer  for  the  purposes  of  this  chapter.  The 
board  of  trustees  of  the  state  employees'  retirement  system  shall  set  a 
date  when  the  participation  of  the  officers  and  employees  of  said  associa- 
tion shall  become  effective,  and  then  such  officers  and  employees  may 
become  members  of  the  state  employees'  retirement  system  and  partici- 
pate therein. 

100:50  —  Membership  Requirements.  Membership  in  the  state  em- 
ployees' retirement  system  shall  be  optional  for  the  officers  and  employees 
of  said  Municipal  Association  who  are  in  its  service  on  the  date  when 
participation  becomes  effective  and  any  such  officer  or  employee  who 
elects  to  join  such  system  shall  be  entitled  to  a  prior  service  certificate 
covering  such  periods  of  previous  service  rendered  to  such  Municipal 
Association  or  the  state  for  which  such  Municipal  Association  is  willing 
to  make  accrued  liability  contributions.  Membership  shall  be  compulsory 
for  all  employees  entering  the  service  of  such  municipal  association  after 
the  date  participation  becomes  effective. 

100:51  —  Reports.  The  chief  fiscal  officer  of  such  Municipal  Associa- 
tion shall  submit  to  the  board  of  trustees  such  information  and  shall 
cause  to  be  performed,  with  respect  to  the  employees  of  such  Municipal 
Association  who  are  members  of  said  retirement  system,  such  duties  as 
shall  be  prescribed  by  the  board  of  trustees  in  order  to  carry  out  the  pro- 
visions hereof. 

302:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  303. 

AN  ACT  RELATIVE  TO  THE  REORGANIZATION  OF  PUBLIC  HIGHER  EDUCATION  IN 

NEW   HAMPSHIRE. 

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

303:1  Keene  State  College  and  Plymouth  State  College.  Amend  RSA 
187  by  inserting  after  section  4  the  following  new  sections:  187:4-a 
Designation  of  State  Colleges.  The  Keene  teachers  college  and  Plymouth 
teachers  college  are  hereby  designated  as  Keene  State  College  and  Ply- 
mouth State  College  respectively  and  each  shall  be  a  division  of  the  uni- 


1963]  Chapter  303  617 

versity  of  New  Hampshire  and  shall  be  governed  by  the  board  of  trustees 
of  said  university.  187:4-b  Purposes.  Each  said  state  college  shall  become  a 
multipurpose  college  by  expanding  the  current  programs  to  provide  in- 
struction in  the  liberal  arts  and  sciences  and  in  selected  applied  fields  to 
better  serve  the  needs  in  its  respective  area  of  location.  Each  state  college 
shall  continue  to  provide  special  instruction  in  teacher  training.  Proce- 
dures for  integrating  the  various  functions  of  these  colleges  into  the  uni- 
versity system  shall  be  developed  by  the  board  of  trustees  as  the  need  for 
integration  and  coordination  arises.  Each  college  shall  be  subject  to  all 
statutory  regulations  governing  said  university  of  New  Hampshire.  Keene 
State  College  and  Plymouth  State  College  are  hereby  empowered  to  offer 
a  two  year  course  in  general  education  and  award  the  degree  of  associate 
in  arts  to  those  who  successfully  complete  the  program. 

303:2  Purposes  of  University.  Amend  RSA  lli87:3  by  inserting  after 
the  word  "industries"  in  the  sixth  line  the  words,  including  the  education 
and  training  of  teachers  for  the  public  school  systems  of  the  cities  and 
towns  of  the  state,  so  that  said  section  as  amended  shall  read  as  follows: 
187:3  University  of  New  Hampshire.  A  university  is  established  and  made 
a  body  politic  and  corporate,  by  the  name  of  the  "University  of  New 
Hampshire,"  the  object  of  which  shall  be  to  teach  such  branches  of  learn- 
ing, and  to  prosecute  such  researches  as  may  be  necessary  and  desirable 
in  the  education  of  youth  and  the  advancement  and  development  of  the 
arts,  the  sciences  and  the  industries,  including  the  education  and  training 
of  teachers  for  the  public  school  systems  of  the  cities  and  towns  of  the 
state,  and  of  such  nature,  scope  and  standard  as  usually  prevail  in  the  tax- 
supported  universities  of  the  several  states;  and  is  authorized  to  grant 
and  confer  in  the  name  of  the  university  of  New  Hampshire  all  such  de- 
grees, literary  titles,  honors  and  distinctions  as  other  such  universities  may 
of  right  do;  and  the  trustees  of  said  university  are  further  authorized  to  de- 
fine and  prescribe  the  standard,  scope  and  nature  of  the  instruction  and 
attainments  necessary  in  order  to  qualify  for  such  degrees,  titles,  honors 
and  distinctions,  and  to  issue  such  bulletins,  annoinicements  and  reports 
in  the  name  of  the  University  of  New  Hampshire  as  may  be  found  neces- 
sary or  desirable  in  publishing  and  defining  the  standard,  scope,  quality 
and  nature  of  the  educational  work  of  the  corporation. 

303:3  Trustees.  Amend  RSA  L87:5  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  187:5  Of  Colleges  and  Univer- 
sity. The  general  government  of  the  New  Hampshire  College  of  Agricul- 
ture and  the  Mechanic  Arts,  of  the  University  of  New  Hampshire,  of  the 
Plymouth  State  College  and  of  the  Keene  State  College  is  hereby  vested 
in  a  single  board  of  trustees  composed  as  follows:  The  governor  of  the 
state,  the  commissioner  of  agriculture,  the  commissioner  of  education,  the 
president  of  the  university,  the  president  of  the  Plymouth  state  college 
and  the  president  of  Keene  state  college,  ex  officiis;  twelve  trustees  ap- 
pointed by  the  governor  with  the  advise  and  consent  of  the  council  for 


618  Chapter  303  [1963 

terms  of  four  years  as  hereinafter  provided,  two  trustees  elected  by  the 
alumni  of  the  New  Hampshire  college  of  agriculture  and  the  mechanic 
arts  and  University  of  New  Hampshire,  one  of  whom  shall  be  a  resident 
of  this  state,  one  trustee  elected  by  the  alumni  of  Keene  state  college 
(formerly  Keene  teachers  college  and  one  trustee  elected  by  the  alumni 
of  Plymouth  state  college  (formerly  Plymouth  teachers  college).  Such 
election  shall  be  in  such  manner  as  the  board  may  prescribe.  On  the  ex- 
piration of  any  term,  the  governor  shall  appoint  the  successors  of  the 
appointive  trustees  and  the  alumni  of  the  respective  institutions  shall 
elect  the  successors  of  the  elective  trustees  for  a  four-year  term  ending  on 
the  thirtieth  day  of  June.  Vacancies  shall  be  filled  in  like  manner  for 
any  unexpired  term.  At  all  times  two  members  of  said  board  shall  be 
farmers.  The  trustees  may  be  men  or  women  and  both  major  political 
parties  shall  be  represented.  Twelve  members  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  not  less  than  fourteen  affirmative  votes 
shall  be  required  to  elect  a  president  of  a  college  or  of  the  university. 
Members  shall  receive  no  compensation  for  their  services  but  shall  be 
reimbursed  for  expenses  reasonably  incurred  by  them  in  the  performance 
of  their  duties.  Each  member  shall  hold  office  until  his  successor  is  ap- 
pointed and  qualified.  The  board  shall  meet  at  such  times  and  places  as 
it  may  determine,  but  at  least  one  meeting  each  year  shall  be  held  at 
Keene  state  college  and  at  Plymouth  state  college.  The  chairman  shall 
call  special  meetings  upon  the  written  request  of  any  five  members  or 
on  his  own  motion.  The  board  shall  elect  its  own  chairman  annually. 

303:4  Repeal.  RSA   187:6  relative  to  trustees,   is  hereby  repealed. 

303:5  Dormitory  and  Other  Rentals.  Amend  RSA  187:10  by  insert- 
ing at  the  end  thereof  the  following  new  paragraphs: 

III.  The  trustees  of  the  University  are  authorized  to  maintain  the 
dormitory  constructed  under  the  terms  and  conditions  of  the  Laws  of 
1953,  chapter  226:7,  and  to  collect  rents  therefrom.  The  income  from 
such  rents  shall  be  kept  in  a  separate  fund  from  which  shall  be  paid  the 
maintenance  of  said  dormitory.  The  balance  of  said  income  together  with 
income  from  rents  of  other  dormitories  at  Keene  state  college,  not  other- 
wise obligated,  shall  be  used  for  the  payment  by  the  university  treasurer 
of  the  annual  interest  on  the  state  borrowing  for  the  purposes  of  the  above 
statutory  chapter  and  for  the  payment  of  installments  of  principal  as  the 
same  become  due  until  such  time  as  all  obligations  incurred  under  the 
provisions  of  this  section,  chapter  226:7,  Laws  of  1953  have  been  met  and 
thereafter  said  property  shall  become  a  part  of  the  university  property. 

IV.  The  trustees  of  the  university  are  authorized  to  maintain  the 
dormitory  constructed  under  the  terms  and  conditions  of  the  Laws  of 
1957,  chapter  293:3  and  to  collect  rents  therefrom.  The  income  from  such 
rents  shall  be  kept  in  a  separate  fund  from  which  shall  be  paid  the  mainte- 
nance of  said  dormitory.  The  balance  of  said  income  together  with  in- 


1963]  Chapter  303  619 

come  from  rents  of  other  dormitories  at  Plymouth  state  college  not  other- 
wise obligated,  shall  be  used  for  the  payment  by  the  university  treasurer 
of  the  annual  interest  on  the  state  borrowing  for  the  purposes  of  the  above 
statutory  chapter  and  for  the  payment  of  installments  of  principal  as  the 
same  become  due  until  such  time  as  all  obligations  incurred  under  the 
provisions  of  this  section,  chapter  293:3,  Laws  of  1957  have  been  met 
and  thereafter  said  property,  shall  become  a  part  of  the  university  prop- 
erty. 

V.  The  trustees  of  the  university  are  authorized  to  establish  and 
charge  a  rental  fee  for  the  use  of  the  snack  bar  and  for  merchandise  sold 
from  the  bookstore  at  Keene  state  college,  at  rates  sufficient  to  amortize 
the  investment  therein  provided  by  Laws  of  <1957,  chapter  293:3.  The 
income  from  the  bookstore  shall  be  kept  in  a  separate  fund  and  shall  be 
used  for  the  payment  by  the  university  treasurer  of  the  annual  interest 
on  the  state  borrowing  for  the  purposes  of  the  above  statutory  chapter  and 
for  the  payment  of  installments  of  principal  as  the  same  become  due  until 
such  time  as  all  obligations  incurred  under  the  provisions  of  this  section, 
chapter  293:3,  Laws  of  1957,  have  been  met. 

303:6  Powers  and  Duties.  Amend  RSA  187:8  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  187:8  Powers  of 
Trustees.  The  trustees  shall  have  the  management  and  control  of  all  the 
property  and  affairs  of  the  New  Hampshire  college  of  agriculture  and  the 
mechanic  arts,  the  university  of  New  Hampshire,  and  all  its  divisions  and 
departments,  including  the  Keene  state  college  and  the  Plymouth  state 
college.  They  shall  no  power  to  change  the  name  of  the  Plymouth 
state  college  or  the  Keene  state  college,  nor  shall  they  have  the  power  to 
cease  operating  these  colleges  without  legislative  authority.  In  addition 
to  these  general  powers  the  trustees  shall  have  the  following  powers: 

L  To  accept  legacies  and  other  gifts  to  or  for  the  benefit  of  the  uni- 
versity or  any  of  its  divisions  or  departments; 

IL  To  employ  teachers  or  faculty  of  instruction  and  such  other  per- 
sons as  may  be  necessary  to  carry  out  the  purposes  for  which  the  university 
and  any  of  its  divisions  or  departments  have  been  created,  and  prescribe 
their  duties; 

in.  To  acquire  water  by  purchase,  development  or  otherwise  and  to 
construct  reservoirs  or  water  towers,  erect  pumping  machinery,  lay  water 
mains  and  pipes,  install  gates,  valves  and  hydrants; 

IV.  To  furnish  and  sell  water  to  manufacturers,  private  corporations 
and  individuals  for  fire  protection,  manufacturing  and  domestic  use, 
and  collect  payment  or  rentals  for  the  same; 

V.  To  construct  and  maintain  sewers,  culverts,  conduits  and  pipes, 
with  all  necessary  inlets  and  appliances  for  surface,  under  surface  and 


620  Chapter  303  [1963 

sewage  drainao^e  for  the  health,  comfort  and  convenience  of  the  inhabi- 
tants  and  the  sanitary  improvement  of  the  town  of  Durham,  and  fix  and 
regulate  the  price  of  connection  therewith  to  corporations  firms  and  in- 
dividuals; 

VI.  To  enter  into  agreements  and  contracts  with  other  colleges  and 
universities  for  the  purpose  of  further  education  of  any  qualified  New 
Hampshire  student  in  fields  of  study  not  provided  for  in  the  curricula  of 
the  state  college  of  agriculture  or  the  university  or  any  of  its  departments 
or  divisions; 

VII.  To  appoint  a  president  of  the  university,  a  president  of  Keene 
state  college  and  a  president  of  Plymouth  state  college,  and  to  appoint 
such  other  administrative  officers  of  each  such  institution  and  fix  the 
duties  and  the  compensation  of  all  such  officers;  said  presidents  shall  be 
entitled  to  maintenance  in  addition  to  salaries; 

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

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

303:7  Repeal.  The  following  statutes  are  hereby  repealed: 

I.  Paragraph  XVI  of  RSA  186:11,  relative  to  teachers  colleges. 

II.  RSA  186:14  to  24,  inclusive  (supp)  as  amended  by  1957,  293:13, 
1959,  26:1  and  1961,  71:1,  relative  to  teachers  colleges. 

III.  Any  other  statutes  inconsistent  with  the  provisions  hereof  to 
the  extent  of  such  inconsistency. 

303:8  Present  Trustees;  Continuation  in  Office.  All  persons  presently 
holding  office  as  members  of  the  board  of  trustees  of  the  New  Hampshire 
college  of  agriculture  and  the  mechanic  arts  and  the  university  of  New 
Hampshire  shall  continue  in  office  until  the  expiration  of  their  current 
terms  as  such  members  and  they  shall  continue  for  such  term  as  mem- 
bers of  the  board  of  trustees  created  by  RSA  187:5. 

303:9  Transfer  of  Personnel  and  Duties.  All  the  functions,  powers, 
duties,  records,  property  and  personnel  of  the  teachers  colleges  and  the 
New  Hampshire  college  of  agriculture  and  the  mechanic  arts  and  the 


1963]  Chapter  303  621 

university  of  New  Hampshire  are  hereby  transferred  to  the  board  of 
trustees  of  the  state  colleges  and  university  created  under  this  act.  All 
powers  and  obligations  heretofore  vested  in  the  department  of  education 
concerning  the  state  teachers  colleges  shall  hereafter  be  vested  in  the 
board  of  trustees  of  the  state  colleges  and  university. 

303:10  Transfer  of  Funds.  Any  funds  now  or  in  the  future  appropri- 
ated for  the  operation  of  the  teachers  colleges  are  hereby  transferred  and 
made  available  to  the  trustees  of  the  state  colleges  and  university  for  ex- 
penditure for  said  operation. 

303:11  Retirement  Benefits.  I.  Administrative  Officers  and  Faculty. 
All  personnel  heretofore  employed  at  either  Keene  or  Plymouth  Teachers' 
College  as  administrative  officers  or  faculty  as  determined  by  the  board 
of  trustees  created  under  this  act  shall  have  the  option  of  continuing  their 
membership  in  the  state  employees'  retirement  system  or  of  becoming 
members  of  the  retirement  system  in  effect  at  the  university  of  New 
Hampshire  for  faculty  and  administrative  officers  at  the  time  the  election 
is  made.  Such  election  shall  be  made  not  later  than  June  30,  1964  on  forms 
and  in  such  manner  as  the  board  of  trustees  may  direct.  As  to  each  such 
employee  who  elects  to  continue  membership  in  the  state  employees' 
retirement  system,  it  shall  thereafter  be  the  responsibility  of  the  uni- 
versity to  provide  for  payment  to  the  state  treasurer  of  the  amount  which 
would  have  been  the  state's  contribution  to  the  retirement  system  for  such 
employees  had  they  remained  in  the  state's  service.  As  to  all  such  em- 
ployees who  elect  to  become  members  of  the  retirement  system  in  effect 
at  the  university  of  New  Hampshire,  the  state  treasurer  shall  within 
ninety  days  after  notification  of  such  election  cause  to  be  paid  into  the 
fund  of  the  retirement  system  of  the  university  of  New  Hampshire  for 
each  such  employee  an  amount  equal  to  the  share  of  the  employee  an- 
nuity savings  fund  allocable  to  such  employee  under  the  state  retirement 
system,  and  that  portion  of  the  assets  of  the  state  annuity  accumulation 
fund  allocable  to  such  employees  in  accordance  with  actuarial  computa- 
tion consistent  with  that  used  in  the  state  employees'  retirement  system. 

II.  Non-Academic  Employees.  All  non-academic  employees  in  the 
employ  of  either  of  the  state  colleges  on  the  effective  date  of  this  act  shall 
remain  in  the  state  employees'  retirement  system.  The  board  of  trustees 
created  by  this  act  shall  have  the  power  to  determine  who  is  a  non-aca- 
demic employee.  It  shall  be  the  responsibility  of  the  university  of  New 
Hampshire  to  cause  to  be  paid  to  the  state  treasurer  the  amount  which 
would  have  been  the  state's  contribution  to  the  retirement  system  for 
such  employees  had  they  remained  in  the  state's  service. 

III.  Future  Employees.  All  employees  of  the  university  of  New 
Hampshire  hired  after  the  effective  date  of  this  act  at  either  state  college 
shall  not  be  eligible  for  the  state  employees'  retirement  system  but  shall 


622  Chapter  303  [1963 

become   eligible  for  membership   in   the  applicable  retirement  systems 
and  other  fringe  benefits  available  to  employees  of  the  university. 

303:12  Department  of  Education.  Amend  RSA  186  by  inserting  after 
section  6  the  following  new  section:  186:6-a  Limitation  of  Authority.  Not- 
withstanding any  other  provisions  of  law,  the  authority  of  the  state  de- 
partment of  education  and  the  state  board  of  education  shall  be  limited 
to  the  problems  associated  with  grade  1-12  and  to  the  government  of  the 
technical  institutes  created  and  existing  under  RSA  188-A  as  inserted 
by  1961,  267. 

303:13  Personnel  System.  Amend  RSA  98:2  by  inserting  at  the  end 
thereof  the  following  new  paragraph:  (h)  Personnel  of  the  Keene  state 
college  and  the  Plymouth  state  college. 

303:14  Salaries.  Amend  RSA  94:1  (supp)  as  amended  by  striking  out 
the  specific  provisions  for  salaries  of  the  presidents  of  the  teachers  colleges. 

303:15  State  Junior  Colleges.  The  state  board  of  education  is  hereby 
directed  to  plan  for  the  establishment  of  junior  colleges  within  the  state 
and  to  report  such  a  plan  to  the  1965  legislature.  Said  junior  colleges  shall 
provide  instruction  in  vocational,  technical  and  general  education  and 
training  to  prepare  students  for  occupations  which  require  two  years  of 
training  leading  to  an  associate  degree.  Said  junior  colleges  shall  also 
provide  two  years  of  standard  college  work  for  those  high  school  graduates 
who  wish  to  complete  elsewhere  the  requirements  for  the  baccalaureate 
degree.  The  admission  standards  at  said  junior  colleges  shall  be  such  that 
all  graduates  of  the  state's  secondary  schools,  operating  within  the  mini- 
mum requirement  structure  be  admitted  for  desired  study  toward  the 
associate  degree,  and  in  any  event  that  students  of  minimum  age  of  eight- 
een years  be  admitted  for  vocational  and/or  remedial  training. 

303:16  Coordinating  Board  of  Advanced  Education  and  Accredita- 
tion. A  coordinating  board  of  advanced  education  and  accreditation  of 
nine  members  shall  be  established  with  the  following  membership:  The 
commissioner  of  education,  president  of  the  university  of  New  Hamp- 
shire, president  of  Keene  state  college,  president  of  Plymouth  state  col- 
lege, chairman  of  the  state  board  of  education  or  his  delegated  representa- 
tive, ex-officio,  and  four  members  to  be  appointed  by  the  governor,  with 
the  consent  of  the  council,  one  of  these  four  appointive  members  shall  be 
an  educator  selected  from  one  of  the  private  institutions  of  higher  learn- 
ing in  New  Hampshire.  Appointive  members  of  this  board  shall  be  ap- 
pointed for  five  years  each.  Of  the  original  appointments  two  members 
shall  be  appointed  for  three  years  each  and  the  remaining  two  shall  be 
appointed  for  the  full  five-year  term.  Thereafter  each  appointive  mem- 
ber shall  have  a  five-year  term.  Vacancies  shall  be  filled  for  unexpired 
terms  only.  The  function  of  the  board  is  to  work  in  an  advisory  capacity 


1963]  Chapter  303  623 

only  toward  coordinating  the  activities  of  higher  education  in  the  state 
including  community  colleges  and  work  with  the  New  Hampshire  mem- 
bers of  the  New  England  Board  of  Higher  Education  insofar  as  possible. 
It  shall  have  the  responsibility  for  accrediting  institutions  of  higher  learn- 
ing that  wish  to  issue  diplomas  or  grant  degrees.  The  procedure  and  cri- 
teria for  accreditation  will  be  established  by  the  board.  If  such  institutions 
qualify  in  the  opinion  of  the  accrediting  board  said  board  shall  recom- 
mend to  the  legislature  that  such  institutions  be  authorized  to  grant  the 
appropriate  degrees.  The  board  is  hereby  authorized  to  employ  such 
staff  as  may  be  necessary  to  carry  on  its  work,  within  the  limits  of  the  ap- 
propriation made  herein.  The  members  of  the  board,  except  the  ex-officio 
members,  and  any  committee  of  accreditation  established  by  them  shall 
serve  without  compensation  but  may  be  reimbursed  for  actual  travel  and 
other  expenses  incurred  in  the  performance  of  their  duties  hereunder. 
The  provisions  of  this  section  shall  not  apply  to  any  institution  of  learn- 
ing authorized  by  law,  prior  to  the  effective  date  of  this  act,  to  grant  de- 
grees or  use  the  term  "college"  or  any  other  descriptive  name. 

303:17  Appropriation.  The  sum  of  fifteen  thousand  dollars  is  hereby 
appropriated  to  be  expended  by  the  coordinating  board  of  advanced  edu- 
cation for  the  fiscal  year  ending  June  30,  1964  and  a  like  sum  is  hereby 
appropriated  for  the  same  purpose  for  the  fiscal  year  ending  June  30, 
1965.  Of  said  sums  in  each  year  twelve  thousand  dollars  shall  be  for  gen- 
eral expenses  and  three  thousand  dollars  shall  be  for  capital  equipment. 
The  governor  is  authorized  to  draw  his  warrant  for  the  sums  hereby  ap- 
propriated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

303:18    Appropriations;    Special    Salary    Adjustment    Funds.    The 

trustees  of  the  state  colleges  and  university  are  hereby  authorized  and 
directed  to  establish  a  special  salary  adjustment  fund  for  Keene  state  col- 
lege and  a  like  fund  for  the  Plymouth  state  college  to  be  expended  for 
adjustment  of  salaries  at  the  respective  colleges  for  the  fiscal  year  ending 
June  30,  1964  and  for  the  fiscal  year  ending  June  30,  1965.  Said  fund  for 
each  of  said  state  colleges  shall  consist  of  $25,000  for  each  of  said  fiscal 
years.  To  meet  the  requirements  of  this  section  the  trustees  of  the  state 
colleges  and  university  shall  transfer  from  fimds  appropriated  for  each 
of  said  colleges  the  fund  of  $12,500  for  each  of  said  fiscal  year  to  said  spe- 
cial salary  adjustment  fund  for  each  college.  In  addition  thereto  there  are 
hereby  appropriated  the  following  sums:  For  the  Keene  special  salary 
adjustment  fund  the  sum  of  $12,500  for  the  fiscal  year  ending  June  30, 
1964  and  a  like  sum  for  the  fiscal  year  ending  June  30,  1965;  for  the  Ply- 
mouth special  salary  adjustment  fund  the  sum  of  $12,500  for  the  fiscal 
year  ending  June  30,  1964  and  a  like  sum  for  the  fiscal  year  ending  June 
30,  1965  and  the  additional  sums  hereby  appropriated  shall  be  a  charge 
upon  the  general  fund  and  the  governor  is  authorized  to  draw  his  war- 
rant for  said  additional  sums  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 


624  Chapter  304  [1963 

303:19   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  II,  1963.] 


CHAPTER  304. 

AN  ACT  PROVIDING  FOR  THE  ACQUISITION  OF  CERTAIN  WATER  RIGHTS  AND 
DAMS  CONTROLLING  THE  CONTOOCOOK  RIVER. 

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

304:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  481 -A 
(supp)  as  inserted  by  1963,  196:1  the  following  new  chapter: 

CHAPTER  48 IB 

Contoocook  River 

481-B:1  Acquisition  Authorized.  For  a  consideration  of  one  dollar 
the  water  resources  board  is  hereby  authorized  to  accept  conveyances  from 
the  owners  thereof  the  following  described  property  being  connected 
with  the  Contoocook  river  for  the  purpose  of  improving  and  controlling 
certain  water  rights  for  the  benefit  of  the  state: 

I.  The  Contoocook  river  park  dam,  so-called,  water  rights,  land  and 
other  facilities  connected  therewith  in  the  city  of  Concord. 

II.  The  outlet  canal  dam,  so-called,  water  rights,  land  and  other  fa- 
cilities connected  therewith  in  the  city  of  Concord. 

481-B:2.  Repairs  and  Improvements.  Said  board  after  said  acquisi- 
tion shall  from  time  to  time  make  repairs  and  modifications  to  said  dams 
so  acquired  or  rebuild  the  same  so  as  to  best  serve  the  interests  of  this 
state. 

481-B:3  Tax  Exemption.  The  properties  hereby  authorized  to  be 
acquired  by  the  water  resources  board  for  the  benefit  of  the  state  shall  be 
exempt  from  taxation  so  long  as  the  said  properties  are  held  by  the  state. 

304:2  Appropriation.  The  sum  of  seven  thousand  five  hundred  dol- 
lars is  hereby  appropriated  to  be  expended  by  the  water  resources  board 
for  the  operation,  maintenance  and  to  provide  for  an  estimate  of  cost  of 
repairs  or  reconstruction  thereof,  as  provided  in  RSA  481-B.  The  sum 
hereby  appropriated  shall  be  a  continuing  appropriation  and  shall  not 
lapse.  The  governor  is  authorized  to  draw  his  warrants  for  the  sums 
hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 


1963]  Chapter  305  625 

304:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963] 
[Effective  September  1,  1963.] 


CHAPTER  305. 

AN  ACT  RELATING  TO  BUSINESS  ADMINISTRATORS  FOR  SCHOOL  DISTRICTS. 

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

305:1  Business  Administrators.  Amend  paragraph  XXII  of  RSA 
186:  111  (supp)  as  amended  by  1961,  196:1,  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  XXII.  Superintendents;  Assist- 
ant Superintendents;  Teacher  Consultants;  Business  Administrators. 
Upon  consultation  with  the  local  school  boards  in  each  supervisory  union 
and  upon  nomination  by  the  supervisory  union  board  of  a  suitable  and 
competent  person,  employ  such  person  as  superintendent.  It  may  em- 
ploy by  the  same  method  one  or  more  assistant  superintendents,  teacher 
consultants  or  business  administrators  when  that  is  reasonably  necessary, 
and  may  remove  a  superintendent,  assistant  superintendent,  teacher  con- 
sultant or  business  administrator  when  the  interest  of  the  schools  in  the 
supervisory  union  require  it. 

305:2  Salaries.  Amend  paragraph  XXIII  of  RSA  186:11  (supp)  as 
amended  by  1957,  252:1,  1961,  196:2  and  1963,1117:2,  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 
superintendents,  teacher  consultants  or  business  administrators  in  such 
manner  that  financial  support  to  supervisory  unions  shall  recognize  the 
element  of  financial  need  to  the  end  that  supervisory  and  administrative 
services  to  public  education  shall  be  on  a  more  equitable  and  efficient 
basis;  provided,  however,  that  the  total  amounts  so  fixed  in  any  one  fiscal 
year  shall  not  exceed  the  amount  specifically  appropriated  for  the  pur- 
pose by  the  general  court.  For  the  purpose  of  this  paragraph  the  state's 
share  of  the  annual  salary  of  the  superintendent  shall  be  fixed  by  the 
state  board  of  education  so  that  each  of  the  amounts  so  fixed  shall  vary 
between  not  less  than  two  thousand  five  hundred  dollars  and  not  over 
seven  thousand  five  hundred  dollars  in  steps  of  two  hundred  fifty  dollars 
in  accordance  with  the  ranges  of  latest  equalized  valuations  per  pupil 
in  average  daily  membership  of  the  several  unions  found  by  the  state 
board  of  education  to  be  suitable  to  give  due  recognition  to  the  variation 
in  equalized  valuations  per  pupil  in  average  daily  membership  of  the 
several  supervisory  unions  to  the  end  that  the  state's  share  will  vary  in- 


626  Chapter  306  [1963 

versely  with  the  financial  resources  of  the  supervisory  unions  as  measured 
by  their  equalized  valuations  per  pupil  in  average  daily  membership.  The 
state's  share  of  the  annual  salaries  of  any  assistant  superintendent,  teacher 
consultant  or  business  administrator  shall  be  fixed  by  the  state  board  of 
education  at  a  uniform  rate  for  each  such  person  not  exceeding  five 
thousand  dollars  per  year. 

305:3  Business  Administrator;  Functions.  Amend  RSA  186:11  by 
adding  at  the  end  thereof  the  following  new  paragraph:  XXX.  Business 
Administrator  as  referred  to  in  paragraphs  XXII  and  XXIII  is  defined 
as  a  person  with  specific  training  and  experience  which  will  enable  him 
or  her  to  keep  books  of  account  of  the  supervisory  union  and  the  school 
districts  thereof,  to  prepare  their  operating  and  capital  budgets,  to  act 
as  purchasing  agent  for  the  supervisory  union  and  the  school  districts 
thereof,  to  prepare  contracts  for  and  to  supervise  repairs  and  maintenance 
of  school  buildings,  to  prepare  contracts  for  and  supervise  and  operate 
transportation  facilities  for  the  school  districts  and  generally  to  assist  the 
supervisory  union  and  the  school  districts  thereof  in  the  administration 
of  their  business  and  financial  affairs.  All  business  administrator  positions 
hereinafter  established  shall  be  only  after  a  majority  of  the  school  dis- 
tricts in  the  supervisory  union  representing  eighty-five  per  cent  of  the 
total  pupils  in  the  supervisory  unions  have  voted  favorably  upon  the  es- 
tablishment of  the  position. 

305:4  Temporary  Provision.  The  proceeds  of  the  tax  imposed  by 
RSA  194:12  collected  or  collectible  prior  to  December  first,  1963  shall  be 
retained  in  a  special  fund  by  the  state  treasurer  until  June  30,  1964,  and, 
until  said  June  30,  1964,  shall  be  used  for  no  other  purpose  than  the 
salaries  of  superintendents,  assistant  superintendents,  teacher  consultants 
and  business  administrators  for  supervisory  unions.  On  July  1,  1964,  any 
balance  remaining  in  said  special  fund  shall  be  lapsed  into  the  general 
fund  of  the  state. 

305:5  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  306. 

AN  ACT  RELATIVE  TO  CREDIT  UNIONS. 

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

306:1    Defining  Term.   Amend  RSA  394:2  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:    394:2   Limitation  on  Use 


1963]  Chapter  306  627 

of  Words  "Credit  Union."  Except  associations  heretofore  incorporated, 
no  person,  corporation,  partnership,  or  association  shall  use  a  name  or 
title  containing  the  words  "credit  union"  or  any  derivation  thereof  or  be 
represented  in  his  or  its  advertising  or  otherwise,  as  conducting  business 
as  a  credit  union,  except  a  credit  union  organized  under  the  provisions  of 
this  chapter,  or  under  the  Federal  Credit  Union  Act,  or  except  organiza- 
tions whose  membership  is  composed  exclusively  of  credit  unions. 

306:2  At  Special  Meeting  Permitted.  Amend  RSA  394:7  (supp)  as 
amended  by  1957,  304  by  inserting  in  the  first  line  after  the  word  "meet- 
ing" the  words,  or  special  meeting  called  for  the  purpose,  and  in  the 
first  line  after  the  word  "a"  the  word,  credit,  so  that  said  section  as  amend- 
ed shall  read  as  follows:  394:7  Amendment.  At  any  annual  meeting,  or 
special  meeting  called  for  the  purpose,  the  members  of  a  credit  union 
may  amend  the  by-laws  by  a  three-fourths  vote  of  the  members  present 
and  entitled  to  vote;  provided,  that  a  copy  of  the  proposed  amendment 
shall  have  been  sent  to  each  member  with  the  notice  of  the  meeting  or 
provided  that  copies  of  the  notice  and  proposed  amendment  shall  have 
been  posted  in  two  public  places  within  the  town  or  city  in  which  the 
credit  union  office  is  located  at  least  twenty-one  days  prior  to  the  day 
of  the  meeting. 

306:3    Deletes  Relating  Fee  to  Stock  and  Reference  to  Dividends. 

Amend  RSA  394:12  (supp)  as  amended  by  1961,  156  by  striking  out  in 
the  first  line  the  word  "dividends"  and  the  words  "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",  so 
that  said  section  as  amended  shall  read  as  follows:  394:12  Entrance  Fee. 
The  members  at  each  annual  meeting  shall  fix  the  amount  of  the  en- 
trance fee,  if  any,  for  the  ensuing  year. 

306:4  Method  of  Filling  Vacancies.  Amend  RSA  394:14  by  striking 
out  the  same  and  inserting  in  place  thereof  the  following:  394:14  Fill- 
ing Vacancies.  In  the  event  of  the  death,  resignation  or  removal  from 
office  of  any  member  of  the  board  of  directors  or  the  credit  committee, 
the  board  of  directors  shall  fill  such  vacancy  until  the  next  annual  meet- 
ing, at  which  any  unexpired  terms  shall  be  filled  by  vote  of  the  members. 
The  supervisory  committee  shall  fill  vacancies  in  its  own  number  until 
new  members  shall  have  been  duly  elected  and  qualified. 

306:5  Real  Estate  Mortgages.  Amend  RSA  394:'17  (supp)  as  amended 
by  1955,  213:1  and  1959,  88:1,  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  394:17  Use  of  Funds.  While  awaiting 
call  of  its  members  for  loans,  it  may  deposit  its  money  in  any  cooperative 
bank,  building  and  loan  association,  savings  bank,  trust  company,  federal 
savings  and  loan  association,  or  national  bank  in  this  state,  or,  by  ma- 
jority vote  of  the  board  of  directors  in  any  cooperative  bank,  building 
and  loan  association,  savings  bank,  trust  company,  federal  savings  and 


628  Chapter  306  [1963 

loan  association,  or  national  bank  in  New  England  or,  with  like  vote, 
may  make  loans  to  other  credit  unions  chartered  under  the  laws  of  this 
state  or  under  the  federal  credit  union  act,  provided  that  the  lending 
credit  union  has  assets  of  one  hundred  thousand  dollars  or  more.  It  may 
invest  any  surplus  funds  in  obligations  of  the  United  States  government 
or  of  the  state  or  of  any  county,  city  or  town  of  the  state,  issued  pursuant 
to  authority  of  law.  Any  credit  union  with  assets  of  two  million  dollars 
or  more  may  purchase  real  estate  mortgages  wherever  situate  which  are 
guaranteed  by  the  federal  housing  administration. 

306:6  Real  Estate  Purchases.  Amend  RSA  394:19-a  (supp)  as  in- 
serted by  1961,  215:1,  by  adding  at  the  end  thereof  the  words.  Any  pur- 
chase, mortgage,  exchange  or  sale  of  real  estate  acquired  or  to  be  acquired 
for  the  purposes  of  this  section  shall  be  subject  to  the  approval  of  the 
bank  commissioner.  Nothing  herein  shall  be  deemed  to  refer  to  any  prop- 
erty, real  or  personal,  acquired  by  a  credit  union  in  the  normal  course 
of  its  business  of  making  secured  loans,  so  that  said  section  as  amended 
shall  read  as  follows:  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.  Any  pur- 
chase, mortgage,  exchange  or  sale  of  real  estate  acquired  or  to  be  acquired 
for  the  purposes  of  this  section  shall  be  subject  to  the  approval  of  the 
bank  commissioner.  Nothing  herein  shall  be  deemed  to  refer  to  any 
property,  real  or  personal,  acquired  by  a  credit  union  in  the  normal 
course  of  its  business  of  making  secured  loans. 

306:7  Identical  Terms  of  Office.  Amend  RSA  394:23  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  394:23  Terms  of 
Directors  and  Officials.  Directors  and  members  of  credit  committees  and 
of  supervisory  committees  shall  be  elected  for  a  term  of  not  less  than  one 
year  nor  more  than  three  years,  as  the  by-laws  shall  provide.  If  the  term 
is  more  than  one  year  they  shall  be  divided  into  classes,  and  an  equal 
number,  as  nearly  as  may  be,  elected  each  year.  They  shall  hold  their 
several  offices  until  others  are  elected  and  qualified  in  their  stead. 

306:8  Authorizes  Directors  to  Declare  Dividends.  Amend  RSA 
394:26  (supp)  as  amended  by  1961,  156  by  striking  out  the  same  and  in- 
serting in  place  thereof  the  following:  394:26  Directors'  Powers.  The 
board  of  directors  shall  have  the  general  direction  of  the  affairs  of  the 
credit  union,  and  shall  meet  monthly.  It  shall  be  their  special  duty  to 
act  upon  all  applications  for  membership  and  upon  the  expulsion  of 
members;  to  determine  the  rate  of  interest  to  be  charged  on  loans;  to 
declare  dividends;  to  declare  interest  on  deposits  not  to  exceed  four  per 
cent;  to  fix  the  maximum  amoinit  to  be  loaned  any  one  member;  to 
provide  for  the  compensation  of  necessary  clerical  auditing  assistance  re- 


1963]  Chapter  306  629 

quested  by  the  supervisory  committee;  and  to  fill  vacancies  on  the  board 
of  directors  and  credit  committee  until  new  members  shall  be  elected  and 
qualified.  At  the  annual  or  special  meeting  of  the  members,  the  board 
shall  make  recommendations  relative  to  the  entrance  fee,  if  any,  to  be 
charged  new  members,  the  need  for  amendments  to  the  by-laws,  and  any 
other  matters  upon  which,  in  their  opinion,  the  members  should  act 
at  such  meeting. 

306:9  Regulating  Loans  to  Officials.  Amend  RSA  394:30  by  strik- 
ing out  the  same  and  inserting  in  place  thereof  the  following:  394:30 
Loans  to  Officials.  Members  of  the  board  of  directors,  credit  committee 
or  supervisory  committee  may  borrow  from  the  credit  union  except 
that  no  such  member  shall  borrow  more  than  the  amount  of  his  holdings 
in  the  credit  union,  as  represented  by  his  total  shares  and  deposits  there- 
of, at  any  one  time;  provided,  however,  that  upon  election  of  a  credit 
union  member  to  one  of  said  committees  he  shall  be  permitted  to  con- 
tinue as  a  debtor  of  the  credit  union  concerned  as  to  any  loans  made  to 
him  prior  to  the  date  of  such  election,  in  accordance  with  the  terms  of 
such  loan,  if  any;  however,  members  of  the  board  of  directors  may  borrow 
or  become  surety  for  any  loan  in  excess  of  their  holdings  provided  such 
loan  is  approved  by  a  majority  of  the  members  of  the  credit  and  super- 
visory committees. 

306:10  Deletes  Authority  of  Board  of  Directors.  Amend  RSA  394:32 
(supp)  as  amended  by  1955,  il50  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  394:32  Credit  Committee.  The  credit 
committee  shall  hold  meetings,  of  which  due  notice  shall  be  given  its 
members,  for  the  purpose  of  considering  applications  for  loans,  and  no 
loan  shall  be  made  unless  all  members  of  the  committee  who  are  present 
when  the  application  is  considered,  and  at  least  two-thirds  of  all  members 
of  the  committee  approve  the  loan  and  are  satisfied  that  it  promises  to 
benefit  the  borrower.  The  action  of  the  credit  committee  in  approving 
or  disapproving  a  loan  shall  be  final. 

306:11  Method  and  Date  Changed.  Amend  RSA  394:42  (supp)  as 
amended  by  1961,  258  by  striking  out  the  same  and  inserting  in  place 
thereof,  the  following:  394:42  Declaring.  At  the  annual  meeting  the 
board  of  directors  shall  report  to  the  members  the  rate  of  dividend  paid 
from  income  which  has  been  actually  collected  during  the  dividend 
period  next  preceding,  and  which  remains  after  the  deduction  of  all  ex- 
penses, interest  on  deposits  not  exceeding  four  per  cent  per  annum  and 
the  amount  required  to  be  set  apart  as  a  guaranty  fund,  or  that  such 
dividend  was  paid  in  whole  or  in  part  from  undivided  earnings  of  pre- 
ceding years,  not  to  exceed  twenty  per  cent  thereof  in  any  one  year;  pro- 
vided that  such  earnings  are  a  part  of  the  surplus  of  the  union  in  excess 
of  all  requirements  of  the  guaranty  fund. 


630  Chapter  307  [1963 

306:12  Grace  Period.  Amend  RSA  394:43  by  adding  at  the  end 
thereof  the  words,  except  that  such  shares  fully  paid  up  during  the  first 
ten  days  of  a  month  may  be  entitled  to  a  proportionate  part  of  such  divi- 
dend calculated  as  if  they  had  been  fully  paid  on  the  first  day  of  such 
month,  so  that  said  section  as  amended  shall  read  as  follows:  394:43 
Participation.  Such  dividends  shall  be  paid  on  all  fully  paid  shares  out- 
standing at  the  close  of  the  dividend  period;  but  shares  which  become 
fully  paid  during  the  dividend  period  shall  be  entitled  only  to  a  propor- 
tional part  of  said  dividend,  calculated  from  the  first  day  of  the  month 
following  such  payment  in  full,  except  that  such  shares  fully  paid  up 
during  the  first  ten  days  of  a  month  may  be  entitled  to  a  proportionate 
part  of  such  dividend  calculated  as  if  they  had  been  fully  paid  on  the 
first  day  of  such  month. 

306:13  Authority  to  Directors.  Amend  RSA  394:44-a  (supp)  as  in- 
serted by  1955,  259  by  striking  out  the  same  and  inserting  in  place  thereof 
the  following:  394:44-a  Interest  Refund.  After  an  amendment  to  the 
by-laws  by  the  credit  union  members  the  board  of  directors  of  a  credit 
union  may  authorize  an  interest  refund  to  members  of  record  at  the  close 
of  business  on  June  30  in  proportion  to  the  interest  paid  by  them  during 
the  year. 

306:14  Changing  Voting  Requirement.  Amend  RSA  394:49  by 
striking  out  in  line  four  the  words  "entitled  to  vote"  and  inserting  in 
place  thereof  the  words,  present  and  voting,  so  that  said  section  as  amend- 
ed shall  read  as  follows:  394:49  Dissolution.  At  any  meeting  specially 
called  for  the  purpose  the  members,  upon  recommendation  of  not  less 
than  two  thirds  of  the  board  of  directors,  may  dissolve  the  union  by  the 
vote  of  two  thirds  of  the  members  present  and  voting. 

306:15   Repeal.   RSA  394:31,  36  and  37  are  hereby  repealed. 

306:16  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  307. 

AN  ACT  RELATIVE  TO  THE  TAKING  OF  PHEASANTS. 

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

307:1    Open  Season  Defined.   Amend  RSA  209:2  (supp)  as  amended 
by  1957,  80:1,  by  striking  out  said  section  and  inserting  in  place  thereof 


1963]  Chapter  308  631 

the  following:  209:2  Pheasants.  Pheasants  may  be  taken  and  possessed 
from  October  first  to  October  thirty-first,  except  that  section  of  Rocking- 
ham and  Strafford  counties  east  of  the  following  described  line  shall  be 
open  to  the  taking  of  male  pheasants  only:  commencing  at  the  Massachu- 
setts-New Hampshire  state  line  where  route  125  enters  New  Hampshire 
in  the  town  of  Plaistow  and  continuing  in  a  northerly  direction  along 
route  125  to  route  11  in  the  city  of  Rochester  and  thence  along  route  11 
to  the  Maine  state  line  and  southerly  of  route  101  from  where  it  inter- 
sects route  125  westerly  to  the  Vermont  border.  No  person  shall  take  more 
than  two  pheasants  in  one  day.  No  person  shall  take  more  than  ten  pheas- 
ants in  any  one  calendar  open  season,  or  have  in  his  possession  at  one 
time  more  than  two  days'  bag  limit  of  pheasants. 

307:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  308. 

AN  ACT  EMPOWERING  THE  STATE  TO  REIMBURSE  TOWNS  FOR  LOSS  OF  TAXES 
UNDER  CERTAIN  CIRCUMSTANCES. 

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

308:1  Reimbursement.  Amend  RSA  216-A  (supp)  as  inserted  by 
1961,  263  by  inserting  after  section  3  the  following  new  sections:  216-A:3-a 
Payments  by  State.  Whenever  the  state  acquires  any  real  property  in  a 
town  or  city  for  public  recreational  or  park  purposes  the  state  shall  an- 
nually pay  to  the  town  or  city  where  such  property  is  situate  a  sum  equal 
to  the  taxes  which  would  have  been  assessed  against  such  property  had 
such  property  remained  taxable,  basing  such  payments  upon  the  assessed 
value  of  the  property  for  the  year  prior  to  the  year  of  acquisition  at  the 
current  local  rate  of  taxation  applicable  for  the  year  in  which  payment  is 
made,  until  and  including  the  year  the  property  is  opened  to  the  public 
for  recreational  or  park  use.  The  year  following  the  opening  of  the  prop- 
erty for  recreational  or  park  use  and  for  the  second,  third,  fourth  and 
fifth  years  following  such  opening  the  payments  shall  be  based  on  eighty, 
sixty,  forty  and  twenty  per  cent  respectively  of  the  assessed  value  of  the 
property  for  the  year  prior  to  the  year  of  acquisition  at  the  current  local 
rate  of  taxation  applicable  for  the  year  in  which  payment  is  made  and 
thereafter  such  payments  shall  cease.  If  less  than  all  the  real  property  in- 
cluded in  a  single  assessment  is  acquired  by  the  state  the  tax  commis- 
sion shall  determine  the  apportionment  of  the  assessment  between  the 


632  Chapter  309  [1963 

state  and  the  former  owner.  At  the  time  of  computing  the  rate  per  cent  of 
taxation  for  the  town  or  city  where  said  real  property  is  situate,  the  tax 
commission  shall  certify  to  the  state  treasurer  the  amount  of  the  pay- 
ment to  be  made  to  each  town  and  city  in  each  year  and  the  treasurer 
shall  make  such  payment  on  or  before  December  first.  The  director  of 
the  division  of  parks  shall  notify  the  tax  commission  of  the  date  when 
any  real  property  acquired  for  recreational  or  park  use  is  opened  to  the 
public.  216-A:3-b  Authority  for  Payment.  The  governor  is  authorized 
to  draw  his  warrant  for  the  payments  authorized  under  the  provisions  of 
section  226-A:3-a  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

308:2    Takes  Effect.    This  act  shall  take  effect  as  of  April  1,  1964. 
[Approved  July  3,  1963.] 
[Effective  April  1,  1964.] 


CHAPTER  309. 

AN  ACT  RELATIVE  TO  CLASSIFICATION  OF  TEMPORARY  AND 
SEASONAL  STATE  EMPLOYEES. 

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

309:1  New  Chapter.  Amend  RSA  by  inserting  after  chapter  98  the 
following  new  chapter: 

CHAPTER  98-A 

Temporary  and  Seasonal  State  Employees 

98-A:l  Terms  Defined.  The  following  terms  shall  be  construed  as 
follows: 

I.  "Temporary  appointment"  shall  mean  an  appointment  made  to 
fill  a  temporary  position. 

II.  "Seasonal  appointment"  shall  mean  an  appointment  made  to 
fill  a  position  which  may  reasonably  be  anticipated  as  likely  to  recur  each 
year  for  a  varying  number  of  months. 

98-A:2  Requirements.  All  temporary  appointments  to  state  service 
shall  be  made  in  the  first  instance  from  appropriate  state  personnel  regis- 
ters. If  applicants  from  such  registers  are  not  available  any  individual 
meeting  the  minimum  qualifications  of  the  position  may  be  certified  by 


1963]  Chapter  309  633 

the  director  of  personnel.  Seasonal  appointments  shall  be  made  from  the 
appropriate  state  personnel  register.  If  after  the  director  of  personnel 
has  made  a  reasonable  effort  to  certify  eligibles  for  seasonal  appointments 
from  an  existing  eligible  register,  he  shall  find  it  impracticable  to  make 
a  certification  he  may  authorize  the  seasonal  appointment  to  be  made  of 
an  individual  designated  by  the  appointing  authority. 

98-A:3  Position  Made  Permanent.  Any  person  appointed  under  a 
temporary  appointment  or  any  person  appointed  under  a  seasonal  ap- 
pointment who  works  the  equivalent  of  six  months  or  more,  not  neces- 
sarily consecutively,  in  any  twelve-month  period  shall  be  deemed  to  be 
respectively  a  permanent  temporary  employee  or  a  permanent  seasonal 
employee  and  entitled  to  all  the  rights  and  benefits  of  a  permanent  em- 
ployee in  the  classified  service  of  the  state. 

98-A:4  Retroactive  Accumulation.  If  such  permanent  temporary 
employee  or  such  permanent  seasonal  employee  is  employed  beyond  the 
six  months  period  he  shall  be  eligible  for  retroactive  accumulation  of  pay- 
ment of  accrued  annual  leave  upon  being  laid  off  for  the  season  or  sep- 
aration from  service.  Such  employee  shall  be  eligible  to  accumulate  sick 
leave  and  shall  be  allowed  to  carry  over  any  prior  sick  leave  at  the  same 
rate  for  time  actually  worked.  No  payment  for  sick  leave,  however,  shall 
be  made  for  accrued  sick  leave  upon  lay-off  or  separation, 

98-A:5  Seniority.  A  permanent  temporary  or  permanent  seasonal 
employee  shall  accumulate  seniority  from  year  to  year. 

98-A:6  Working  on  an  Hourly  Basis.  A  temporary  employee  shall 
not  be  eligible  to  have  either  annual  or  sick  leave,  but  at  the  end  of  each 
anniversary  year  of  employment  should  the  total  working  time  amount 
to  six  consecutive  months  he  shall  be  paid  all  accumulated  annual  leave 
upon  lay-off  or  separation. 

98-A:7  Application  of  Statute.  Such  part  or  parts  of  the  rules  and 
regulations  of  the  personnel  commission  promulgated  under  RSA  98,  as 
may  be  inconsistent  with  the  provisions  of  this  chapter  shall  be  repealed 
to  the  extent  of  such  inconsistency, 

309:2  Exceptions.  The  provisions  of  this  act  shall  not  apply  to  any 
employee  of  the  department  of  public  works  and  highways  except  all 
grades  of  toll  attendants. 

309:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963, 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


634  Chapter  310  [1963 

CHAPTER  310. 

AN  ACT  RELATIVE  TO  FEES  FOR  INSURANCE  COMPANIES  AND  BROKERS. 

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

310:1  Insurance  Company  Fees.  Amend  RSA  402:56  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  402:56  Fees.  Every 
insurance  company  making  application  for  an  original  license  to  transact 
insurance  business  in  this  state,  shall  pay  to  the  commissioner  a  fee  of  two 
hundred  and  fifty  dollars  for  the  examination,  investigation  and  pro- 
cessing of  the  application.  Such  fee  shall  be  retained  by  the  commissioner 
even  though  the  application  may  be  withdrawn,  denied  or  otherwise 
acted  upon.  Any  reapplication  for  such  a  license  shall  be  subject  to  the 
same  fee.  Every  such  company  shall  annually  thereafter  pay  a  fee  of  thirty- 
five  dollars  for  the  renewal  of  such  license,  payable  on  or  before  April 
first  of  each  year.  Such  renewal  fee  shall  include  all  charges  in  connection 
thereof  except  fee  for  agents'  licenses  and  the  renewal  thereof. 

310:2  Repeal.  RSA  405:38,  as  amended  by  1959,  206:2  and  1961, 
234:1,  relative  to  credits  on  fees  for  licenses  for  insurance  brokers,  is  here- 
by repealed. 

310:3  Revenue.  Amend  RSA  402  by  inserting  after  section  56  the 
following  new  section:  402:56-a  Disposition  of  Revenue.  The  fees  col- 
lected under  the  preceding  section  shall  be  kept  in  a  special  fund  by  the 
state  treasurer,  and  shall  be  expended  for  the  administration  of  this  title. 
Expenditures  shall  be  in  the  discretion  of  the  insurance  commissioner, 
and  the  monies  hereby  made  available  shall  be  in  addition  to  any  other 
appropriation  made  for  the  insurance  department. 

310:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  311. 

AN  ACT  RELATIVE  TO  THE  TAKING  OF  WILD  BLACK  BEAR. 

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

311:1  Time  for  Taking  Changed.  Amend  208:22  (supp)  as  amended 
by  1961,  1126:1  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:    208:22    Wild  Black  Bear.    Wild  black  bear,  outside  of 


1963]  Chapter  312  635 

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 
September  1  to  December  10  inclusive  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  from  September  1 
to  November  14  inclusive  with  written  permission  of  the  director  or  his 
agents.  Wild  black  bear  may  be  taken  by  the  aid  and  use  of  dogs,  fire- 
arms 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  permit- 
ted to  set  traps  for  bear  doing  actual  or  substantial  damage  to  property. 
Such  trapping  shall  only  be  permitted  after  the  director  or  his  agents  has 
been  notified  of  damage  and  have  investigated  such  complaint.  The  di- 
rector or  his  agents  m.ay  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  allowed.  Any  traps  set  as  herein  before  described  shall  be  ar- 
ranged and  set  in  accordance  with  RSA  210:15.  The  carcass  of  a  bear  le- 
gally 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. 

311:2    Takes  Effect.    This  act  shall  take  efi^ect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  312. 

AN  ACT  RELATIVE  TO  THE  RETIREMENT  AGE  FOR  STATE  EMPLOYEES  UNDER 
THE  STATE  EMPLOYEES'  RETIREMENT  SYSTEM. 

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

312:1  Employees'  Retirement  System.  Amend  paragraph  I  of  RSA 
100:6  (supp)  as  amended  by  1959,  80:1,  by  striking  out  the  words  "age 
sixty-five  if  a  man,  or"  in  the  fifth  and  sixth  lines  and  by  striking  out  the 
words  "if  a  woman"  in  the  sixth  line,  so  that  said  paragraph  as  amended 
shall  read  as  follows:  I.  Any  member  in  service  may  retire  on  a  service  re- 
tirement allowance  upon  written  application  to  the  board  of  trustees 
setting  forth  at  what  time,  not  less  than  thirty  days  nor  more  than  ninety 


636  Chapter  312  [1963 

days  subsequent  to  the  filing  thereof,  he  desires  to  be  retired,  provided 
the  member  at  the  time  so  specified  for  his  retirement  has  attained  age 
sixty-two,  and  notwithstanding  that  during  such  period  of  notification 
he  may  have  separated  from  service.  Any  member  in  service  who  attains 
age  seventy,  except  an  elected  or  appointed  official  of  the  state,  shall  be 
retired  forthwith  or  on  the  first  day  of  the  next  calendar  month,  unless 
said  member  shall  request  an  extension  of  service.  Said  request  shall  be 
made  to  a  committee  consisting  of  the  director  of  personnel  and  two 
members  of  the  board  of  trustees  of  the  retirement  system,  only  one  of 
whom  shall  be  an  employee  member.  The  two  members  from  the  board 
of  trustees  shall  be  named  for  terms  of  two  years  by  the  board  of  trustees. 
Said  committee  shall  determine  whether  or  not  a  member  in  service  who 
has  reached  the  age  of  seventy  is  fit  to  remain  in  state  service  and  the  de- 
cision of  the  committee  shall  be  final.  The  status  of  each  member  thus 
continued  in  service  shall  be  reconsidered  annually  as  of  the  birthday  of 
said  member. 

312:2  Service  Retirement  Benefits.  Amend  sub-paragraph  (b)  of 
paragraph  II  of  RSA  100:6  (supp)  as  amended  by  1959,  80:2  and  1961, 
220:1,  by  inserting  after  the  word  "annuity"  in  the  first  line  the  words, 
if  the  member  has  attained  age  sixty-five,  and  by  inserting  after  the  word 
"total'  in  the  fifteenth  line  the  words,  and,  further  provided,  that  in  the 
case  of  a  member  who  has  not  attained  age  sixty-five  at  retirement,  the 
state  annuity  shall  be  the  actuarial  equivalent  at  the  time  of  retirement 
of  the  state  annuity  accrued  to  the  date  of  retirement  that  would  have 
been  payable  at  age  sixty-five,  so  that  said  sub-paragraph  as  amended  shall 
read  as  follows:  (b)  A  state  annuity  if  the  member  has  attained  age  sixty- 
five  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  multi- 
plied by  the  number  of  years  of  his  creditable  service  not  to  exceed  thirty 
years  plus  one-two  hundred  and  fortieth  of  such  compensation  multi- 
plied 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  compensa- 
tion in  excess  of  four  thousand  two  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 
averao-e  final  compensation  for  each  year  of  creditable  service  not  exceed- 
ing thirty  years  in  total;  and,  further  provided,  that  in  the  case  of  a  mem- 
ber who  has  not  attained  age  sixty-five  at  retirement,  the  state  annuity 
shall  be  the  actuarial  equivalent  at  the  time  of  retirement  of  the  state 
annuity  accrued  to  the  date  of  retirement  that  would  have  been  payable 
at  age  sixty-five. 


1963]  Chapter  313  637 

312:3   Takes  Effect.   This  act  shall  take  effect  on  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  313. 

AN  ACT  RELATIVE  TO  BUILDING  AND  LOAN  ASSOCIATIONS. 

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

313:1  BuUding  and  Loan  Associations.  Amend  RSA  393:15  (supp) 
as  amended  by  (1955,  131:2  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  393:15  Loans.  Any  such  corporation  may  loan 
money  so  collected,  together  with  interest,  premiums,  fines  and  profits 
arising  from  the  business,  to  its  shareholders  and  members  on  first  mort- 
gages on  real  estate  situated  anywhere  in  New  Hampshire  or  within  a  fifty 
mile  radius  of  its  main  office  in  any  state  contiguous  to  New  Hampshire, 
provided  however  that  the  geographical  limitations  shall  not  apply  to 
Federal  Housing  Administration  and  Veterans  Administration  insured 
loans  purchased  from  an  individual,  partnership,  association  or  corpora- 
tion duly  registered  as  a  dealer  in  securities  in  this  state,  or  on  buildings 
in  the  town  of  Hampton  situated  on  land  not  belonging  to  the  owner  of 
the  building.  The  loans  shall  not  exceed  the  appraisal  value  of  said 
property.  Such  corporation  may  accept  other  satisfactory  collateral  as 
additional  security  for  the  loan.  A  premium  may  be  charged  in  excess  of 
the  established  rate  of  interest.  Said  loans  shall  be  share  sinking  fund  or 
direct  reduction  loans.  In  share  sinking  fund  loans  serial  shares  of  the  cor- 
poration shall  also  be  pledged  sufficient  in  amount  to  repay  the  loan  upon 
maturity.  Direct  reduction  loans  shall  be  repayable  in  monthly  install- 
ments sufficient  to  amortize  the  same  paying  off  interest  or  premium  and 
principal  in  any  period  of  time  not  exceeding  twenty-five  years.  Any 
such  corporation  holding  a  first  mortgage  on  such  property  may  take  a 
subsequent  mortgage  or  mortgages  on  the  same  property  provided  that 
there  are  no  intervening  liens.  Any  shareholder  may  borrow  on  the  shares 
of  such  corporation  up  to  the  full  value  thereof  at  the  time  of  the  loan. 

313:2  Loans  and  Investments.  Amend  RSA  393:18  (supp)  as  amend- 
ed by  1961,  136:4  by  adding  at  the  end  thereof  the  words;  An  association 
may  make  a  loan  in  connection  with  the  sale  of  real  estate  acquired  by 
the  association  for  the  purpose  of  providing  offices  for  the  transaction  of 
the  business  of  the  association  or  under  a  foreclosure  or  a  deed  in  lieu  of 
foreclosure,  in  an  amount  not  to  exceed  the  sale  price  the  association  re- 
ceives for  such  real  estate,  so  that  said  section  as  amended  shall  read  as 
follows:    393:18    Limitations  on  Amount  of  Real  Estate  Loans  and  In- 


638  Chapter  313  [1963 

vestments.  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  ex- 
cept that  if  the  aggregate  amount  owing  to  it  on  all  its  mortgage  loans 
exceeds  five  hundred  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,  whichever  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  associa- 
tion 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  mortgage  loans  at  the  time  any  such  loan  or  investment  in  ex- 
cess of  twenty  thousand  dollars  is  made.  These  limitations  shall  not  apply 
to  loans  insured  with  the  Federal  Housing  Administration  or  the  Vet- 
erans Administration.  Notwithstanding  the  foregoing  limitations  an  asso- 
ciation 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  amount  not  to  exceed  the  sale  price  the  association  receives  for  such 
real  estate.  An  association  may  make  a  loan  in  connection  with  the  sale 
of  real  estate  acquired  by  the  association  for  the  purpose  of  providing  of- 
fices for  the  transaction  of  the  business  of  the  association  or  under  a  fore- 
closure or  a  deed  in  lieu  of  foreclosure,  in  an  amount  not  to  exceed  the 
sale  price  the  association  receives  for  such  real  estate. 

313:3  Excess  Limits.  Amend  RSA  393:22  (supp)  as  amended  by 
1961,  136:5  by  striking  out  the  words  "seven  and  one-half"  where  it  occurs 
in  the  second  and  fifth  lines  and  inserting  in  place  thereof  the  word,  ten, 
so  that  said  section  as  amended  shall  read  as  follows:  393:22  Borrowing. 
It  may,  without  consent  of  the  commissioner,  borrow  not  in  excess  of 
ten  per  cent  of  its  share  capital  and  may  pledge  as  collateral  for  such  bor- 
rowings real  estate  mortgages,  notes  and  other  securities.  It  may  with  the 
consent  of  the  commissioner,  borrow  in  excess  of  ten  per  cent  of  its  share 
capital,  and  with  his  approval  may  pledge  as  collateral,  real  estate  mort- 
gages, notes,  and  other  securities. 

313:4  Association  Offices.  Amend  paragraph  II  of  RSA  393:24 
(supp)  as  amended  by  1955,  131:1  by  striking  out  said  paragraph  and  in- 
serting in  place  thereof  the  following:  II.  In  the  purchase  of  improved  or 
unimproved  real  estate  and  in  the  construction  or  improvement  of 
buildings  thereon  for  the  purpose  of  providing  offices  for  the  transaction 
of  an  association's  business.  Such  building  may  also  include  space  for 
rental  purposes.  The  cost  to  the  association  of  such  lands  and  buildings 


1963]  Chapter  314  639 

shall  not  exceed  fifty  per  cent  of  the  sum  of  such  association's  guaranty 
fund,  surplus,  and  reserves  at  the  time  such  investment  is  made. 

313:5  New  Provision.  Amend  RSA  393  by  inserting  after  section 
57  (supp)  as  inserted  by  1961,  136:9  the  following  new  section:  393:58 
Power  to  Provide  Insurance  Incentive  Plans,  Deferred  Compensation 
Plans  and  Other  Retirement  Benefits  for  Officers  and  Employees.  Every 
building  and  loan  association  and  cooperative  bank  organized  under  this 
chapter  shall  have  the  power  to  provide  life,  health  and  casualty  insur- 
ance for  its  officers  and  employees  and  to  adopt  and  operate  reasonable 
incentive  plans,  deferred  compensation  plans  and  other  forms  of  retire- 
ment benefits  for  such  officers  and  employees. 

313:6  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  314. 

AN  ACT  RELATIVE  TO  GROUP  INSURANCE. 

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

314:1  Replacement  Policies.  Amend  subparagraph  (e)  of  paragraph 
(5)  of  RSA  408:15  (supp)  as  inserted  by  1959,  176:2,  by  adding  at  the  end 
thereof  the  words.  Nothing  in  this  section  shall  be  construed  to  prohibit 
the  issue  of  a  policy  or  policies  to  replace  a  policy  which  is  terminated 
wholly  or  to  replace  the  terminated  portion  of  a  policy  which  is  termin- 
ated partially,  if  the  effective  date  of  issue  of  the  new  policy  or  policies  is 
the  same  as  the  effective  date  of  termination  of  the  policy  or  portion  of  a 
policy  replaced,  and  if  the  total  amount  of  life  insurance  on  any  employee 
determined  in  accordance  with  the  provisions  of  the  new  policy  or  policies 
does  not  exceed  the  amount  determined  in  accordance  with  the  provi- 
sions of  the  policy  or  portion  of  a  policy  replaced,  so  that  said  subparagraph 
as  amended  shall  read  as  follows:  (e)  The  amounts  of  insurance  under  the 
policy  must  be  based  upon  some  plan  precluding  individual  selection 
either  by  the  employees  or  by  the  members  of  the  association.  No  policy 
may  be  issued  which  provides  insurance  on  any  employee  which  together 
with  any  other  insurance  under  any  group  life  insurance  policy  or  poli- 
cies issued  to  the  association  exceeds  twenty  thousand  dollars  or  one 
hundred  fifty  per  cent  of  annual  compensation,  whichever  is  greater, 
but  in  no  case  more  than  sixty  thousand  dollars.  Annual  compensation 
may  be  determined  in  units  of  any  amount  not  exceeding  $1,000  each. 


640  Chapter  315  [1963 

and  a  fraction  of  any  such  unit  may  be  treated  as  a  full  unit  for  purposes 
of  determining  annual  compensation  under  this  section.  Nothing  in  this 
section  shall  be  construed  to  prohibit  the  issue  of  a  policy  or  policies  to 
replace  a  policy  which  is  terminated  wholly  or  to  replace  the  terminated 
portion  of  a  policy  which  is  terminated  partially,  if  the  effective  date  of 
issue  of  the  new  policy  or  policies  is  the  same  as  the  effective  date  of  ter- 
mination of  the  policy  or  portion  of  a  policy  replaced,  and  if  the  total 
amount  of  life  insurance  on  any  employee  determined  in  accordance  with 
the  provisions  of  the  new  policy  or  policies  does  not  exceed  the  amount 
determined  in  accordance  with  the  provisions  of  the  policy  or  portion 
of  a  policy  replaced. 

314:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  315. 

AN  ACT  PERMITTING  THE  HUNTING  OF  DEER  WITH  MUZZLE-LOADERS  AND 
PERMITTING  THE  HUNTING  OF  DEER  ON  CERTAIN  ISLANDS. 

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

315:1  Hunting  with  Muzzle-Loaders.  Amend  RSA  208  by  inserting 
after  208:5  the  following  new  section:  208:5-a  Muzzle  Loaders.  The  spe- 
cial license  provided  for  by  section  5  of  this  chapter  shall  entitle  the 
holder  to  hunt  deer  with  a  muzzle-loading  rifle  or  musket  for  one  day 
only,  said  day  to  be  designated  by  the  director  and  he  may  change  said 
day  at  his  discretion,  provided  that  no  person  who  has  not  passed  his  eight- 
teenth  birthday  shall  be  entitled  to  hunt  under  the  provisions  of  this 
section.  The  fee  for  this  privilege  shall  be  three  dollars  additional  for  resi- 
dents and  four  dollars  additional  for  non-residents. 

315:2  Hunting  Deer  on  Islands.  Amend  RSA  208  by  inserting  after 
section  6  the  following  new  section:  208:6-a  Hunting  on  Islands  by  Cer- 
tain Disabled  Persons.  Notwithstanding  those  provisions  of  section  2  of 
this  chapter  which  relate  to  the  taking  of  deer  upon  islands,  the  director 
may  designate  one  or  more  islands  upon  which  deer  may  be  taken  by 
paraplegics,  double  amputees,  and  other  non-ambulatory  persons,  in 
accordance  with  this  section.  An  eligible  person  desiring  to  take  advan- 
tage of  this  section,  and  who  is  properly  licensed  under  the  provisions 
of  this  title  to  take  deer,  shall  apply  to  the  director  at  least  fifteen  days 
before  the  beginning  of  the  open  season  for  deer  as  prescribed  in  said 
section  2  in  the  area  in  which  he  desires  to  hunt.  Upon  receipt  of  such 


1963]  Chapter  316  641 

applications,  the  director  shall  make  such  provisions  as,  in  his  discretion, 
shall  as  fully  as  possible  effectuate  the  purposes  hereof,  having  regard  to 
the  deer  population  on  said  designated  islands  and  the  number  of  persons 
desiring  to  hunt  thereon.  He  may  allocate  sections  or  portions  of  any 
such  island  to  designated  applicants  for  specific  dates,  which  dates  shall 
be  during  the  open  season  for  taking  deer;  and  he  may  revoke  permits 
theretofore  granted  when  deer  population  in  any  location  shall  have 
been  reduced  to  desired  limits.  The  director  may  make  rules  or  regula- 
tions governing  the  conduct  of  persons  accompanying  or  assisting  elig- 
ibles.  Permission  granted  hereunder  shall  be  evidenced  by  a  permit  in 
a  form  prescribed  and  issued  by  the  director. 

315:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  316. 

AN  ACT  RELATIVE  TO  THE  TIMBER  YIELD  TAX. 

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

316:1  Date  Changed.  Amend  RSA  79:1  (supp),  as  amended  by 
1955,  287  by  striking  out  paragraph  IV  thereof  and  inserting  in  place 
thereof  the  following:  IV  "Tax  year"  as  used  in  this  chapter  shall  mean 
October  1,  1963  to  March  31,  1964  inclusive  and  shall  thereafter  mean 
from  April  1  of  any  year  to  March  31  of  the  next  year,  inclusive. 

316:2  Tax  Year.  Amend  RSA  79:3  (supp)  as  amended  by  1955,  287 
and  1959,  277  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  79:3  Normal  Yield  Tax.  A  normal  yield  tax  on  the  stump- 
age  value  at  the  time  of  cutting  shall  for  the  tax  year  ending  September 
30,  1963  be  assessed  by  the  assessing  officials  as  of  October  1,  1963  and 
thereafter  as  of  April  1  of  each  year,  against  each  owner  of  growing  wood 
and  timber  which  has  been  cut  during  the  previous  tax  year,  at  the  rate 
of  ten  percent.  Whenever  the  assessing  officials,  or  the  state  tax  commis- 
sion, deem  it  necessary  to  insure  the  payment  of  the  yield  tax,  they,  or 
either  of  them,  may  require  a  bond  or  other  security  to  be  given  by  an 
owner,  as  defined  herein,  before  or  during  the  operation,  in  such  amount 
and  conditioned  upon  such  terms  as  they,  or  either  of  them,  may  deter- 
mine. An  owner  failing  or  neglecting  to  provide  such  bond  or  security 
within  three  days,  excluding  Sundays  and  holidays,  after  request  therefor 
may  be  enjoined  from  operating  by  the  superior  court  which  shall  make 
such  order  as  justice  shall  require.  They  may  enter  upon  and  inspect 


642  Chapter  316  [1963 

any  timber  lot,  and  require  the  owner  to  produce  for  inspection  any 
books,  records  and  papers  as  may  be  relevant  and  of  assistance  to  them 
in  the  assessment  of  the  yield  tax, 

316:3  Expiration  of  Tax.  Amend  RSA  79:4  (supp),  as  amended  by 
1955,  287,  by  striking  out  the  words  "September  30th"  in  line  seven  and 
inserting  in  place  thereof  the  words,  "March  31st",  so  that  said  section 
as  amended  shall  read  as  follows:  79:4  Bond  and  Debt  Retirement  Tax. 
In  addition  to  the  normal  yield  tax  provided  in  section  3  above,  begin- 
ning October  1,  1955,  an  additional  tax  of  two  per  cent  on  the  stumpage 
value  shall  be  assessed  and  collected  in  the  same  manner,  as  provided  in 
sections  3  and  14,  to  be  paid  into  the  state  treasury  as  provided  in  section 
15  to  cover  the  interest,  retirement  of  bonds  or  other  indebtedness  in- 
curred by  the  state  under  this  chapter.  This  bond  and  debt  retirement 
tax  shall  expire  on  March  31st,  following  the  time  when  sufficient  funds 
have  been  accumulated  to  cover  all  indebtedness  incurred  by  the  state 
under  this  chapter. 

316:4  Written  Application.  Amend  RSA  79:8  (supp),  as  amended 
by  1955,  287  by  inserting  after  the  word  "officials"  in  line  two  the  words, 
in  writing,  so  that  said  section  as  amended  shall  read  as  follows:  79:8 
Appeal  and  Abatement.  An  owner  may,  within  ninety  days  of  notice  of 
the  tax,  appeal  to  the  assessing  officials  in  writing  for  an  abatement  from 
the  original  assessment,  but  no  owner  shall  be  entitled  to  an  abatement 
unless  he  has  complied  with  the  provisions  of  sections  10  and  HI  hereof. 
If  the  assessing  officials  neglect  or  refuse  so  to  abate  an  owner  may,  at 
his  election  within  six  months  of  notice  of  such  tax  and  not  afterwards, 
petition  the  superior  court  of  the  county  where  the  operation  took  place 
or  the  appeal  board  as  provided  for  in  section  7.  The  petition  to  the 
appeal  board  shall  be  filed  with  the  tax  commission  and  shall  include 
the  name  and  address  of  the  appeal  board  member  selected  by  the  ag- 
grieved owner. 

316:5  Date  to  File  Supplemental  Notice.  Amend  RSA  79:19  (supp), 
as  amended  by  1955,  287,  1959,  277  and  1961,  111,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  79:10  Notice  of 
Cutting.  The  state,  a  county,  a  municipality,  or  public  agency  or  any 
owner  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,  set- 
ting 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  1,  1963 
for  all  operations  not  completed  or  terminated  and  which  will  continue 
after  September  30,  1963,  provided,  however,  commencing  April  1,  11964 
and  continuing  thereafter  a  supplemental  notice  of  intent  to  cut,  in 


1963]  Chapter  316  643 

triplicate  shall  be  filed  on  or  before  April  1  of  any  year  for  all  operations 
not  completed  or  terminated  and  which  will  continue  after  March  31 
of  said  year.  A  copy  of  each  notice  shall  be  forwarded  by  the  tax  commis- 
sion to  the  proper  assessing  officials,  and  a  copy  of  each  notice  to  the 
division  of  resources  development  of  the  department  of  resources  and 
economic  development.  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  assessing  officials  thereof.  It  shall  furnish  with- 
out cost  to  the  owner  a  certificate  showing  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  constitute  a  misdemeanor  punishable  by  a  fine  not 
exceeding  fifty  dollars. 

316:6  Date  to  File  Report.  Amend  RSA  79:11  (supp),  as  amended 
by  1955,  287  1959,  277  and  1961,  111,  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  79:11  Report.  The  state,  a 
county,  a  municipality,  public  agency  or  any  owner  who  has  filed  a  notice 
of  intent  to  cut  as  provided  in  section  10  hereof  shall  make  under  the 
penalties  of  perjury  and  file  in  triplicate  a  report  of  wood  or  timber 
severed  with  the  state  tax  commission  on  or  before  October  115,  1963 
covering  all  wood  and  timber  severed  during  the  period  October  1,  1962 
to  September  30,  1963  inclusive,  and  thereafter  on  or  before  April  15 
in  each  year  covering  the  wood  and  timber  severed  during  the  tax  year 
next  preceding,  provided,  however,  if  no  wood  or  timber  was  severed 
on  an  operation  for  which  an  intent  to  cut  was  filed  it  shall  be  so  indi- 
cated on  the  face  of  the  report.  If  deemed  necessary  by  the  assessing 
officials  a  report  shall  be  filed  immediately  upon  the  completion  or  ter- 
mination 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  com- 
mission which  shall  contain  the  name  and  residence  of  the  person  making 
the  report,  and  volume  of  wood  and  timber  cut  by  species  or  species  group 
and  such  other  information  as  the  tax  commission  may  deem  necessary 
to  enable  the  assessing  officials  to  locate,  identify,  verify,  and  determine 
the  full  amount  and  true  stumpage  value  of  all  wood  and  timber  cut.  A 
report  of  wood  and  timber  severed  covering  operations  still  in  progress 
through  September  30,  1963  shall  be  filed  not  later  than  October  15, 
1963  and  thereafter  a  report  of  wood  and  timber  severed  covering  opera- 
tions still  in  progress  through  March  31  in  any  year  shall  be  filed  not 
later  than  April  15  of  said  year  for  all  wood  and  timber  severed  during 
the  tax  year  next  preceding.  Upon  receipt  of  a  report  of  cut  the  tax  com- 
mission 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  forward  a  copy  of  the  report  of  cut  to  the  division 
of  resources  development  of  the  department  of  resources  and  economic 
development.  Whoever  shall  fail  to  file  a  report  of  cut,  as  provided  in 


644  Chapter  316  [1963 

this  section  shall  be  guilty  of  a  misdemeanor  punishable  by  a  fine  not 
exceeding  one  hundred  dollars. 

316:7  Date  for  Requesting  Special  Assessment.  Amend  RSA  79:1  la 
(supp)  as  inserted  by  1959,  277  by  striking  out  the  same  and  inserting 
in  place  thereof  the  following:  79:ll-a  Special  Assessment.  Whenever 
it  shall  appear  to  the  selectmen  or  assessors  that  an  owner  has  completed 
or  terminated  a  cutting  operation  and  the  collection  of  the  tax  thereon 
may  be  placed  in  jeopardy  they  may  require  that  a  report  of  cut  be  filed 
immediately  with  the  selectmen  or  assessors  as  agents  for  the  tax  com- 
mission for  such  operation  and  make  a  special  assessment  of  the  yield 
and  bond  and  debt  retirement  taxes  against  the  owner  to  whom  such 
tax  should  be  assessed  and  commit  a  warrant  to  the  tax  collector  for  the 
same.  In  any  case  where  the  above  named  report  of  cut  is  not  filed  with- 
in twenty-four  hours  of  the  request  therefor  the  selectmen  or  assessors 
may  make  a  special  assessment  of  the  yield  and  bond  and  debt  retirement 
taxes  basing  the  assessment  on  such  evidence  as  is  available  to  them. 
The  collector  upon  receipt  of  the  warrant  shall  make  demand  for  pay- 
ment of  such  taxes  and  may  use  any  of  the  provisions  of  law  to  collect 
the  taxes  committed  to  him  in  such  warrant.  In  a  case  where  an  owner 
has  terminated  or  completed  an  operation  at  least  thirty  days  prior  to 
April  1  of  any  year  he  may  after  filing  the  report  of  cut  as  required  by 
section  IQ  request  that  the  selectmen  or  assessors  make  a  special  assess- 
ment of  the  yield  and  bond  and  debt  retirement  taxes  against  the  owner 
of  the  wood  and  timber  severed  on  such  operation.  In  such  cases  the 
selectmen  or  assessors  shall  make  such  special  assessment  of  the  yield  and 
bond  and  debt  retirement  taxes  and  commit  a  warrant  to  the  collector 
for  the  same  and  the  collector  shall  proceed  in  the  collection  of  the  same. 

316:8  Penalty.  Amend  RSA  79:19  (supp)  as  amended  by  1955,  287 
by  striking  out  the  same  and  inserting  in  place  thereof  the  following: 
79:19  Certification  of  Yield  Taxes  Assessed.  The  assessing  officials  of 
every  town  and  city  shall  annually  certify  to  the  tax  commission  the 
normal  yield  and  bond  and  debt  retirement  taxes  assessed  for  the  pre- 
ceding tax  year.  Such  certification  shall  be  made  on  a  form  prescribed 
and  provided  by  the  commission  and  shall  contain  such  information  as 
it  shall  require.  The  assessing  officials  shall  file  such  certification  as  re- 
quired above  and  commit  a  warrant  to  the  tax  collector  for  such  taxes 
on  or  before  July  1  of  each  year.  If  such  officials  fail  to  file  such  certifica- 
tion and  commit  a  warrant  as  required  above  each  member  shall,  upon 
complaint,  be  subject  to  a  fine  not  exceeding  ten  dollars. 

316:9   Takes  Effect.   This  act  shall  take  effect  October  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  October  1,  1963.] 


1963]  Chapter  317  645 

CHAPTER  317. 

AN  ACT  TO   PROVIDE   PER  DIEM   FOR  MEMBERS  OF  THE  AERONAUTICS  COMMIS- 
SION AND  MAKING  SPECIAL  APPROPRIATION  FOR  THE  PROBATION  DEPARTMENT. 

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

317:1  Aeronautics  Commission.  Amend  RSA  422:5  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  422:5  Compensa- 
tion. Each  member  of  the  commission  may  be  paid  twenty  dollars  for 
each  day  or  portion  thereof  spent  in  attendance  at  monthly  meetings  held 
at  times  set  by  the  commission.  Each  member  of  the  commission  may 
be  paid  for  necessary  expenses  of  travel  incurred  in  performance  of  com- 
mission duties.  The  provisions  of  this  section  shall  not  set  a  limit  upon 
the  number  of  special  meetings  which  the  commission  or  the  director 
may  call, 

317:2  Appropriation.  The  sum  of  two  thousand  dollars,  in  addition 
to  any  money  appropriated  for  the  use  of  the  aeronautics  commission 
for  the  biennium  ending  July  (1,  1965  is  hereby  appropriated  for  the 
purpose  of  this  act.  The  governor  is  hereby  authorized  to  draw  his  war- 
rant for  the  sum  hereby  appropriated  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

317:3  Appropriation;  Probation  Department.  In  addition  to  any 
other  appropriation  for  the  probation  department  there  is  hereby  appro- 
priated for  the  fiscal  year  ending  June  30,  1964  the  sum  of  two  thousand 
eight  hundred  and  twenty-five  dollars  and  for  the  fiscal  year  ending  June 
30,  1965  the  sum  of  two  thousand  nine  hundred  and  nineteen  dollars 
for  a  new  position  of  clerk  stenographer  I  for  the  Concord  district  office. 
These  appropriations  shall  be  from  the  general  funds  of  the  state. 

317:4  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  318. 

AN  ACT  REPEALING  THE  TAXATION  OF  LIVESTOCK  AND  POULTRY. 

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

318:1  Oxen,  Cows,  Etc.  Amend  paragraph  V  of  RSA  72:15  by  strik- 
ing out  said  paragraph  and  inserting  in  place  thereof  the  following:  V. 
Neat  Stock.   In  the  tax  year  commencing  April  1,  1964,  oxen,  cows,  and 


646  Chapter  319  [1963 

other  neat  stock  over  twenty-four  months  old,  in  excess  of  the  aggregate 
value  of  one  thousand  dollars. 

318:2  Poultry.  Amend  paragraph  VII  of  RSA  72:15  by  striking  out 
said  paragraph  and  inserting  in  place  thereof  the  following:  VII.  Poul- 
try. In  the  tax  year  commencing  April  1,  1964,  poultry  of  every  descrip- 
tion over  four  months  old  in  excess  of  the  aggregate  value  of  three  hundred 
and  fifty  dollars. 

318:3  Repeal.  Paragraph  IV  of  RSA  72:15,  relating  to  the  taxation 
of  draft  animals,  and  paragraph  VI  of  RSA  72:15,  relating  to  the  taxation 
of  sheep,  goats  and  hogs,  are  hereby  repealed. 

318:4  Affidavits  Required.  Any  owner  of  a  herd  of  animals  or  flock 
of  poultry  requesting  an  exemption  provided  for  the  tax  year  commenc- 
ing April  1,  1964  by  RSA  72:15  V  or  VII  as  inserted  by  this  act  shall  file 
with  the  assessing  officials  an  affidavit  under  oath  that  no  part  of  said 
herd  or  flock  has  been  purchased,  received,  transferred  or  sold  for  the 
purpose  of  gaining  an  additional  tax  exemption,  as  provided  by  the 
paragraphs  referred  to  hereinabove. 

318:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  319. 

AN  ACT  RELATIVE  TO  SETTLEMENTS  IN  BEHALF  OF  MINORS. 

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

319:1  Minors.  Amend  RSA  462:2  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  462:2  Settlements  in  Behalf  of 
Minors.  No  settlement,  the  amount  of  which  exceeds  seven  hundred  and 
fifty  dollars,  of  any  suit  brought  in  behalf  of  an  infant  by  parent  or  next 
friend  shall  be  valid  unless  approved  by  the  court  in  which  the  action 
is  pending  or  to  which  the  writ  is  returnable.  In  any  suit  on  behalf  of 
an  infant  or  against  an  infant  or  in  which  an  infant  is  interested,  the 
court  may  make  all  necessary  orders  for  protecting  the  interests  of  the 
infant  and  may  require  the  guardian  ad  litem,  parent  or  next  friend  to 
give  bond  to  truly  account  for  all  money  received  on  behalf  of  the  in- 
fant whether  through  settlement,  judgment,  decree  or  other  order. 

319:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


1963]  Chapter  320  647 

CHAPTER  320. 

AN  ACT  RELATIVE  TO  CLAMS  AND  MUSSELS. 

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

320:1  Size  and  limit.  Amend  RSA  211:62  (supp)  as  amended  by 
1957,  251:1  and  1959,  194:1  by  inserting  after  the  word  "oysters"  in  the 
sixth  line  the  words,  provided  however  that  the  size  of  said  clams  shall 
be  not  less  than  two  inches  and  each  person  shall  be  allowed  a  taking 
of  undersize  clams  in  a  quantity  not  to  exceed  twenty  per  cent  of  the 
taking  authorized  by  the  rules  and  regulations  of  the  director,  so  that 
said  section  as  amended  shall  read  as  follows:  211:62  Authority  for  Tak- 
ing. The  director  of  the  fish  and  game  department  upon  advice  of  the 
advisory  committee  on  shore  fisheries  and  the  fish  and  game  commission 
is  authorized  to  make  rules  and  regulations  relative  to  the  size,  number 
and  quantity  limits  for  legal  taking,  open  and  closed  seasons  for  legal 
taking,  areas  to  be  opened  or  closed  to  taking  and  the  manner  of  taking 
clams,  clam  worms  and  oysters;  provided  however  that  the  size  of  said 
clams  shall  be  not  less  than  two  inches  and  each  person  shall  be  allowed 
a  taking  of  undersize  clams  in  a  quantity  not  to  exceed  twenty  per  cent 
of  the  taking  authorized  by  the  rules  and  regulations  of  the  director. 
Existing  rules  and  regulations  shall  continue  in  effect  until  the  effective 
date  of  new  regulations  promulgated  in  accordance  with  section  211:63. 

320:2  MusselS;,  Removal  of.  Amend  RSA  214  by  inserting  after 
section  61  (supp)  as  amended  by  1957,  251:1,  the  following  new  section: 
211:61-a  Removal  Directed.  Within  the  limits  of  the  revenue  derived 
from  the  shellfish  licenses  and  fines  provided  in  this  chapter,  the  fish  and 
game  department  is  directed  to  remove  mussels  from  the  so-called  middle 
grounds  in  Seabrook  in  Hampton  river  harbor.  Said  area  shall  be  staked 
out  by  the  advisory  committee  on  shore  fisheries. 

320:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  321. 

AN  ACT  RELATING  TO  TRUSTEE  PROCESS  ON  BANKS  AND  SIMILAR  CORPORATIONS. 

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

321:1    Trustee  Process.    Amend  RSA  512  by  inserting  after  section 
9-a  (supp)  as  inserted  by  1959,  102:4,  the  following  new  section:   312:9-b 


648  Chapter  322  [1963 

Bank  Accounts.  When  a  bank,  trust  company,  building  and  loan  asso- 
ciation or  similar  corporation  is  named  as  trustee,  the  trustee  shall  be 
summoned  by  service  on  an  officer,  person  in  charge,  teller  or  office  em- 
ployee of  such  bank,  trust  company,  building  and  loan  association  or 
similar  corporation  at  its  office  if  service  is  made  during  banking  hours, 
and  if  service  is  made  at  a  time  other  than  banking  hours,  by  serving 
on  an  officer  of  such  bank,  trust  company,  building  and  loan  association 
or  similar  corporation,  and  not  otherwise.  The  trustee  so  served  shall  not 
be  chargeable  for  any  goods,  rights  or  credits  of  the  defendant  which 
shall  come  into  the  hands  of  the  trustee  subsequent  to  the  time  of  the 
trustee's  disclosure. 

321:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  322. 

AN  ACT  RELATING  TO  THE  EXPENSES  OF  THE  PUBLIC  UTILITIES  COMMISSION. 

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

322:1  Expenses  Assessed.  Amend  RSA  363-A:2  (supp)  as  inserted 
by  1955,  203:1  and  as  amended  by  1959,  242:2,  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  363-A:2  Assessment.  The 
expenses  thus  ascertained  in  an  amount  not  exceeding  one  hundred  thirty 
thousand  dollars,  shall  be  assessed  against  the  public  utilities  described 
in  the  foregoing  section  in  the  manner  herein  provided.  The  public 
utilities  commission  shall  establish  reasonable  classifications  of  public 
utilities,  and  shall  determine  the  share  of  its  expense  attributable  to  each 
such  class.  Each  such  share  shall  be  assessed  against  the  several  public 
utilities  comprising  the  class  in  such  proportion  as  the  public  utilities 
commission  shall  determine  to  be  fair  and  equitable. 

322:2  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


1963]  Chapter  323  649 

CHAPTER  323. 

AN  ACT  RELATIVE  TO  HUNTING  AND  FISHING  LICENSES  FOR  PERSONNEL 
STATIONED  OR  ATTACHED  TO  THE  NAVAL  SHIPYARD. 

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

323:1  Hunting  and  Fishing  Licenses.  Amend  RSA  214  by  inserting 
after  section  4  the  following  new  section:  214:4-a  Portsmouth  Naval 
Activities.  Personnel  stationed  at  the  U.  S.  Naval  Shipyard  at  Kittery, 
Maine  are  eligible  to  purchase  hunting  and  fishing,  or  hunting  or  fishing 
licenses  at  the  same  fee  as  is  charged  a  legal  resident  of  the  state.  Such 
license  shall  have  marked  or  stamped  thereon  the  words  "non-resident 
serviceman's  license."  Licenses  under  the  provisions  of  this  section  shall 
be  issued  by  an  authorized  agent  under  an  affidavit  or  from  the  fish  and 
game  department.  Personnel  requesting  such  licenses  shall  give  written 
proof,  properly  sworn  to,  that  he  or  she  is  in  fact  stationed  at  said  naval 
shipyard. 

323:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  324. 

AN  ACT  RELATING  TO  THE  VETERANS'  SERVICE  EXEMPTION  AND  ACCESS  ROADS. 

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

324:1  QuaKfications.  Amend  RSA  72:28  (supp)  as  amended  by 
1955,  289:1,  1963,  49:1  and  1963,  118:1  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:    72:28   Service  Exemption. 

L  Every  resident  of  this  state  who  served  not  less  than  ninety  days 
in  the  armed  forces  of  the  United  States  in  any  of  the  following  wars  or 
armed  conflicts,  the  Spanish  War,  Philippine  Insurrection,  Boxer  Re- 
bellion, World  War  I,  World  War  II,  or  Korean  Conflict,  as  hereinafter 
defined  who  have  been  discharged  or  separated  therefrom  under  condi- 
tions other  than  dishonorable  or  the  spouse  of  such  resident,  or  the  widow 
of  such  resident,  and  every  resident,  or  the  spouse  of  such  resident,  whose 
services  were  terminated  for  a  service-connected  disability,  and  the  widow 
of  any  resident  who  suffered  a  service-connected  death,  in  consideration 
of  such  service,  shall  be  exempt  each  year  from  taxation  upon  his  or  her 


650  Chapter  324  [1963 

residential  real  estate,  to  the  value  of  one  thousand  dollars,  as  hereinafter 
provided. 

II.  In  towns  in  which,  as  determined  by  the  tax  commission,  taxes 
are  assessed  on  real  estate  upon  the  basis  of  one  hundred  per  cent  of  full 
and  true  value,  the  exemption  provided  in  this  section  shall  be  granted 
to  an  eligible  person,  as  described  in  paragraph  I  hereof,  provided  that 
the  value  of  the  residential  real  estate  of  such  person  in  such  town  as 
assessed  by  the  selectmen  does  not,  exclusive  of  bona  fide  encumbrances 
of  record  thereon,  exceed  the  sum  of  ten  thousand  dollars.  In  other  towns, 
such  exemption  shall  be  granted  to  an  eligible  person  provided  that  the 
value  of  his  residential  real  estate  in  such  town  as  assessed  by  the  select- 
men, exclusive  of  bona  fide  encumbrances  of  record  thereon,  does  not 
exceed  an  amount  which  is  in  the  same  proportion  to  ten  thousand  dollars 
as  the  level  of  the  tax  assessments  upon  real  estate  in  said  town,  as  deter- 
mined by  the  tax  commission,  bears  to  one  hundred  per  cent  of  the  full 
and  true  value  of  the  real  estate  in  said  town.  No  exemption  shall  be 
granted  a  resident  qualified  for  exemption,  excepting  those  with  a  service- 
connected  disability,  who  is  delinquent  in  the  payment  of  any  taxes  due 
the  state  of  New  Hampshire  or  any  political  subdivision  thereof.  The 
tax  exemptions  hereinabove  provided  shall  be  allowed  to  every  resident 
of  this  state  who  is  sixty-five  years  of  age  or  over  irrespective  of  the  as- 
sessed value  of  his  or  her  residential  real  estate,  provided  he  or  she  is 
otherwise  qualified  under  the  provisions  hereof. 

III.  The  following  terms  as  used  in  this  section  shall  be  construed 
as  follows: 

(1)  "Spanish  War"  between  April  21,  1898  and  April  11,  Ili899. 

(2)  "Philippine  Insurrection"  between  April  12,  1899  and  July  4, 
1902,  extended  to  July  15,  1903  for  service  in  the  Moro  Provinces. 

(3)  "Boxer  Rebellion"  between  June  16,  1900  and  May  2,  1901. 

(4)  "World  War  I"  between  April  6,  1917  and  November  11,  1918 
extended  to  April  1,  1920  for  service  in  Russia,  provided  that  military 
or  naval  service  on  or  after  November  12,  1918  and  before  July  2,  1921 
where  there  was  prior  service  between  April  6,  1917  and  November  11, 
1918  shall  be  considered  as  World  War  I  service. 

(5)  "World  War  11"  between  December  7,  1941  and  December  31, 
1946. 

(6)  "Korean  Conflict"  between  June  25,  1950  and  July  27,  1953. 

324:2  Authorization.  The  commissioner  of  public  works  and  high- 
ways, subject  to  the  approval  of  the  governor  and  council,  is  hereby  au- 
thorized to  lay  out  and  construct  an  access  road  to  the  Willard  Basin, 
so-called,  in  the  towns  of  Lancaster,  Jefferson,  and  Randolph,  the  city  of 
Berlin,  and  in  the  unorganized  place  of  Kilkenny. 

324:3  Appropriation.  The  sum  of  three  hundred  thousand  dollars 
is  hereby  appropriated  to  be  expended  by  the  department  of  public 


1963]  Chapter  324  651 

works  and  highways,  subject  to  the  approval  of  the  governor  and  council, 
for  the  layout  and  construction  of  said  road.  In  order  to  provide  the  funds 
necessary  for  the  appropriation  made  in  this  section,  the  state  treasurer 
is  hereby  authorized,  under  the  direction  of  the  governor  and  council,  to 
borrow  on  the  credit  of  the  state  from  time  to  time,  a  total  of  three  hun- 
dred thousand  dollars  for  the  purpose  of  carrying  into  effect  the  provi- 
sions hereof  and  for  that  purpose  may  issue  bonds  or  notes  in  the  name 
and  on  behalf  of  the  state  of  New  Hampshire  at  a  rate  of  interest  to  be 
determined  by  the  governor  and  council.  The  maturity  dates  of  such 
bonds  or  notes  shall  be  determined  in  each  case  by  the  governor  and 
council  but  in  no  case  shall  they  be  later  than  twenty  years  from  the  date 
of  issue. 

324:4  Form  and  Accounts.  All  such  bonds  or  notes  shall  be  in  such 
form  and  such  denomination  as  the  governor  and  council  shall  determine, 
may  be  registerable  as  to  both  principal  and  interest,  shall  be  counter- 
signed by  the  governor  and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  state.  The  secretary  of  state  and  the  state  treasurer  shall  keep 
such  account  of  all  such  bonds  or  notes  as  are  kept  of  other  state  bonds 
or  notes.  The  treasurer  may  negotiate  and  sell  such  bonds  or  notes  by 
direction  of  the  governor  and  council  in  such  manner  as  they  may  deter- 
mine most  advantageous  to  the  state.  The  proceeds  of  the  sale  of  such 
bonds  or  notes  shall  be  held  by  the  state  treasurer  and  paid  out  by  him 
upon  warrants  drawn  by  the  governor  for  the  purposes  of  this  act  alone 
and  the  governor,  with  the  advice  and  consent  of  the  council,  shall  draw 
his  warrants  for  the  payment  from  the  funds  provided  for  herein  of  all 
sums  expended  or  due  for  the  purposes  herein  authorized. 

324:5  Short-term  Loans.  Prior  to  the  issuance  of  the  bonds  or  notes 
hereunder,  the  treasurer,  under  the  direction  of  the  governor  and  coun- 
cil, may  for  the  purposes  hereof  borrow  money  from  time  to  time  on 
short-term  loans,  which  may  be  refunded  by  the  issuance  of  the  bonds 
or  notes  hereunder.  Provided,  however,  that  at  no  time  shall  the  indebt- 
edness of  the  state  on  such  short-term  loans  exceed  the  sum  of  three  hun- 
dred thousand  dollars. 

324:6  Layout  and  Classification.  Said  access  road  shall  be  laid  out 
and  constructed  in  the  manner  provided  by  law  for  Class  II  highways. 
After  completion  of  construction,  said  road  shall  be  designated  a  Class 
III  road  and  maintained  by  the  Lancaster  development  corporation. 

324:7  Terms  and  Conditions.  The  governor  and  council  are  hereby 
authorized  to  set  the  terms  and  conditions  for  repayment  of  any  part  of 
the  cost  of  layout  and  construction  of  the  access  road  provided  in  section 
3  hereof  as  said  governor  and  council  shall  determine  to  be  in  the  best 
interest  of  the  state. 

324:8  Authorization.  The  commissioner  of  public  works  and  high- 
ways, subject  to  the  approval  of  the  governor  and  council,   is  hereby 


652  Chapter  324  [1963 

authorized  to  lay  out  and  construct  six  tenths  of  a  mile  of  access  road 
to  the  Ragged  Mountain  Corporation  ski  development  in  the  town  of 
Danbury. 

324:9  Appropriation.  The  sum  of  twenty  five  thousand  dollars  is 
hereby  appropriated  to  be  expended  by  the  department  of  public  works 
and  highways,  subject  to  the  approval  of  the  governor  and  council,  for 
the  layout  and  construction  of  said  road.  In  order  to  provide  the  funds 
necessary  for  the  appropriation  made  in  this  section,  the  state  treasurer 
is  hereby  authorized,  under  the  direction  of  the  governor  and  council, 
to  borrow  on  the  credit  of  the  state  from  time  to  time,  a  total  of  twenty 
five  thousand  dollars  for  the  purpose  of  carrying  into  effect  the  provisions 
hereof  and  for  that  purpose  may  issue  bonds  or  notes  in  the  name  and  on 
behalf  of  the  state  of  New  Hampshire  at  a  rate  of  interest  to  be  deter- 
mined by  the  governor  and  council.  The  maturity  dates  of  such  bonds 
or  notes  shall  be  determined  in  each  case  by  the  governor  and  council  but 
in  no  case  shall  they  be  later  than  twenty  years  from  the  date  of  issue. 

324:10  Form  and  Accounts.  All  such  bonds  or  notes  shall  be  in  such 
form  and  such  denomination  as  the  governor  and  council  shall  deter- 
mine, may  be  registerable  as  to  both  principal  and  interest,  shall  be 
countersigned  by  the  governor  and  shall  be  deemed  a  pledge  of  the  faith 
and  credit  of  the  state.  The  secretary  of  state  and  the  state  treasurer  shall 
keep  such  account  of  all  such  bonds  or  notes  as  are  kept  of  other  state 
bonds  or  notes.  The  treasurer  may  negotiate  and  sell  such  bonds  or  notes 
by  direction  of  the  governor  and  council  in  such  manner  as  they  may 
determine  most  advantageous  to  the  state.  The  proceeds  of  the  sale  of 
such  bonds  or  notes  shall  be  held  by  the  state  treasurer  and  paid  out  by 
him  upon  warrants  drawn  by  the  governor  for  the  purposes  of  this  act 
alone  and  the  orovernor,  with  the  advice  and  consent  of  the  council,  shall 
draw  his  warrants  for  the  payment  from  the  funds  provided  for  herein  of 
all  sums  expended  or  due  for  the  purposes  herein  authorized. 

324:11  Short-term  Loans.  Prior  to  the  issuance  of  the  bonds  or  notes 
hereunder,  the  treasurer,  under  the  direction  of  the  governor  and  coun- 
cil, may  for  the  purposes  hereof  borrow  money  from  time  to  time  on 
short-term  loans,  which  may  be  refunded  by  the  issuance  of  the  bonds 
or  notes  hereunder.  Provided,  however,  that  at  no  time  shall  the  indebt- 
edness of  the  state  on  such  short-term  loans  exceed  the  sum  of  twenty 
five  thousand  dollars. 

324:12  Classification.  Said  access  road  shall  be  classified  and  built 
by  the  department  of  public  works  and  highways  as  a  class  V  highway. 

324:13  Terms  and  Conditions.  The  governor  and  council  are  hereby 
authorized  to  set  the  terms  and  conditions  for  repayment  of  any  part  of 
the  cost  of  layout  and  construction  of  the  access  road  provided  in  section 
9  hereof  as  said  governor  and  council  shall  determine  to  be  in  the  best 
interest  of  the  state. 


1963]  Chapter  325  653 

324:14   Takes  Effect.    Section  1  shall  take  effect  as  of  April  1,  1964. 
Sections  2  through  13  inclusive  shall  take  effect  upon  passage.  If  author- 
izations provided  in  sections  2  and  8  are  not  fulfilled  prior  to  June  30, 
1965,  said  authorizations  shall  be  terminated. 
[Approved  July  3,  1963.] 
[Effective  date,  Section  1  — ApriM,  1964.] 
[Effective  date,  Sections  2  through  13  inclusive,  July  3,  1963.] 


CHAPTER  325. 

AN  ACT  RELATING  TO  THE  DISPOSITION  OF  FINES  COLLECTED  BY 
MUNICIPAL  COURT. 

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

325:1  Deductions.  Amend  RSA  502:14  (supp)  as  amended  by  1957, 
166:3  by  striking  out  the  word  "five"  in  the  seventeenth  line  and  inserting 
in  place  thereof  the  word,  ten,  and  by  striking  out  the  word  "ten"  and 
the  word  "five"  in  the  eighteenth  line  and  inserting  in  place  thereof  re- 
spectively the  word,  twenty,  and  the  word,  ten,  so  that  said  section  as 
amended  shall  read  as  follows:  502:14  Duties  of  Clerk;  Disposition  of 
Fines.  The  clerk  shall  receive  all  fines  and  forfeits  paid  into  the  munici- 
pal court  from  any  source.  After  deducting  witness  fees,  costs  of  clerk's 
bond,  if  any,  court  seal,  record  books,  printing  blanks,  and  such  other 
expenses  as  may  be  legally  incurred  in  the  maintenance  and  conduct  of 
said  court  the  clerk  shall,  except  in  cases  otherwise  provided,  pay  the 
same  over  to  the  treasurer  of  the  city  or  town  wherein  the  said  court 
is  located,  for  the  use  of  said  city  or  town.  Provided  that  whenever  fines 
are  assessed  on  account  of  violations  of  Title  XXXIV,  RSA,  relative  to 
public  utilities.  Title  XXXIX,  RSA,  relative  to  aeronautics,  Title  X, 
RSA,  relative  to  public  health,  chapter  270,  RSA,  relative  to  navigation, 
chapter  282,  RSA,  relative  to  unemployment  compensation,  chapters 
183,  184,  185,  341  to  344,  RSA,  inclusive,  and  chapters  284,  345,  425  to 
429,  433,  434,  436  to  439,  440  to  443,  RSA,  relative  to  agriculture,  or 
any  other  statutes  wherein  it  is  provided  that  the  fines  shall  be  paid  to 
the  state  or  to  a  department  or  agency  of  the  state,  the  clerk  of  the  munici- 
pal court  shall  deduct  from  each  of  said  fines  so  collected  by  the  court 
the  sum  of  ten  dollars  and  twenty  per  cent  of  that  part  of  the  fine  which 
exceeds  ten  dollars,  and  after  deducting  witness  fees  and  costs  of  clerk's 
bond,  if  any,  shall  pay  over  the  balance  to  the  state  or  department  or 
agency  to  whom  due,  within  seven  days  after  the  receipt  thereof.  The 
part  of  said  fines  deducted  by  said  clerk  as  hereinbefore  provided  shall 
be  retained  and  used  for  payment  of  expenses  of  the  court  as  hereinabove 
provided. 


654  Chapter  326  [1963 

325:2  Takes  Effect.  This  act  shall  take  effect  September  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  326. 

AN  ACT  RELATING  TO  INVESTMENTS  OF  SAVINGS  BANKS. 

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

326:1  Participation  with  S.B.A.  in  Mortgage  Loans.  Amend  RSA 
387  by  inserting  after  section  17  (supp)  as  amended  by  1955,  214:11,  the 
following  new  section:  387:17-a  Small  Business  Administration.  The 
Small  Business  Administration,  an  agency  of  the  United  States,  shall  be 
deemed  qualified  by  state  law  to  be  an  originating  lender  or  a  partici- 
pating lender,  within  the  meaning  of  this  chapter  and  the  definitions 
contained  in  paragraphs  XIII,  XIV  and  XV  of  section  1  of  this  chapter, 
in  participation  with  any  of  the  other  kinds  of  institutions  mentioned 
therein.  Provided,  however,  that  the  authority  granted  by  this  section 
shall  be  limited  to  participation  in  mortgage  loans  as  described  in  para- 
graphs I,  II,  III  and  VI  of  section  4  of  this  chapter. 

326:2  Twenty-five  Year  Loan  Term.  Amend  RSA  387:4,  I  (supp)  as 
amended  by  1955,  214:13,  1959,  61:1,  and  1961,  246:2,  by  striking  out 
the  word  "twenty"  in  the  tenth  line  and  substituting  in  place  thereof  the 
words,  twenty-five,  so  that  said  paragraph  as  amended  shall  read  as  fol- 
lows: I.  New  Hampshire  Real  Estate.  Those  directly  secured  by  first 
mortgage  on  real  estate  situated  within  this  state  or  within  any  state 
contiguous  to  this  state;  but  no  such  invesment  shall  be  in  a  loan  that 
exceeds  seventy  per  cent  of  the  value  of  the  real  estate  by  which  it  is  se- 
cured; except  that  investment  may  be  in  a  loan  which  exceeds  seventy 
per  cent  but  not  eighty  per  cent  of  the  value  of  the  real  estate  by  which 
it  is  secured,  provided  that  it  be  secured  by  a  first  mortgage  on  real  estate 
in  this  state  containing  a  dwelling  unit  for  not  more  than  four  families, 
and  which  mortgage  shall  provide  for  payment  of  the  note  within  a  period 
of  twenty-five  years  from  the  date  when  the  first  monthly  payment  shall 
become  due,  and  the  first  monthly  payment  shall  become  due  nine  months 
from  the  date  of  the  note  or  one  month  from  the  final  disbursement  of 
funds,  whichever  shall  first  occur,  and  which  payments,  so  long  as  the 
balance  of  the  loan  exceeds  seventy  per  cent  of  the  value  of  the  real  estate 
by  which  it  is  secured,  shall  include  a  proportionate  share  of  the  amount 
necessary  to  pay  the  real  estate  and  other  taxes  upon  such  property.  No 
loan  or  mortgage  shall  be  made  except  upon  written  application  showing 
the  date,  name  of  applicant,  amount  asked  for  and  security  offered,  and 


1963]  Chapter  326  655 

except  upon  report  of  not  less  than  two  members  of  the  board  of  trustees 
or  board  of  directors,  who  shall  certify  on  said  application,  according 
to  their  best  judgment,  on  the  basis  of  an  appraisal  made  by  one  of  their 
members,  or  by  some  officer  of  the  bank,  or  some  appraiser  employed 
by  the  bank  for  the  purpose  of  appraisal,  the  value  of  the  premises  to  be 
mortgaged;  and  such  application  shall  be  filed  and  preserved  with  the 
records  of  the  corporation.  The  premises  so  mortgaged  shall  be  revalued 
in  the  same  manner  at  intervals  of  not  more  than  five  years  so  long  as 
they  are  mortgaged  to  the  corporation.  If  at  the  time  of  such  revaluation 
the  amount  of  the  loan  is  in  excess  of  the  percentage  of  the  value  of  the 
premises  mortgaged,  as  allowed  above,  a  sufficient  reduction  in  the 
amount  of  the  loan  shall  be  required,  as  promptly  as  may  be  practical, 
to  bring  the  loan  to  within  the  authorized  percentage.  In  determining 
whether  any  loan  exceeds  the  authorized  percentage  of  the  value  of  the 
real  estate,  no  consideration  shall  be  given  to  (1)  that  portion  of  the  ob- 
ligation which  is  guaranteed  by  the  Administrator  of  Veterans'  Affairs 
under  Title  III  of  the  Servicemen's  Readjustment  Act  of  1944,  as  amended 
from  time  to  time,  or  (2)  an  obligation  wholly  guaranteed  under  such 
title  or  (3)  that  portion  of  any  loan  or  obligation  which  the  Small  Busi- 
ness Administration  has  unconditionally  agreed  to  purchase  or  (4)  that 
portion  of  a  loan  on  industrial  real  estate  guaranteed  by  the  state  of  New 
Hampshire  under  RSA  I62-A:14-a-c,  nor  shall  any  bank  be  restricted  to 
the  above  authorized  percentages  on  a  loan  secured  by  property  which 
the  borrower  is  purchasing  from  the  bank. 

326:3  Investment  in  Bank  Buildings.  Amend  RSA  387  by  inserting 
after  section  19  the  following  new  section:  387:I9-a  Charter  Provisions. 
In  the  event  that  the  provisions  of  the  special  act  incorporating  or  char- 
tering any  savings  bank  contain  provisions  more  restrictive  than  those  of 
section  19,  it  is  hereby  confirmed  to  have  been  and  be  now  the  legislative 
intent  that  the  provisions  of  section  19  shall,  in  such  circumstances,  con- 
trol and  take  precedence  over  any  such  more  restrictive  charter  provi- 
sions. 

326:4  Reserves.  Amend  RSA  387:2  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  387:2  Requirements;  Excep- 
tion. Savings  banks  and  savings  departments  of  banking  and  trust  com- 
panies shall  maintain  a  reserve  of  not  less  than  five  per  cent  of  the  amount 
of  their  deposits  in  cash,  including  balances  in  other  banks,  and/or  obli- 
gations of  the  United  States  of  America  at  par  value  the  maturity  of  which 
shall  not  exceed  five  years,  and  shall  make  investment  of  the  balance  of 
their  funds  only  in  the  classes  of  securities  and  loans  authorized  by  this 
chapter,  provided,  however,  that  said  requirement  with  respect  to  said 
reserve  shall  not  apply  to  any  bank  which  is  a  member  of  the  Federal 
Reserve  System;  and  provided  further  that  a  savings  bank  or  savings 
department  of  a  banking  and  trust  company  which,  as  of  July  I,  1963,  is 
unable  to  comply  with  the  requirements  of  this  section  without  loss,  on 


656  Chapter  326  [1963 

account  of  holding  certain  long-term  obligations  of  the  United  States 
of  America,  may  delay  compliance  with  the  requirements  hereof  with 
the  approval  of  the  bank  commissioner. 

326:5  Mortgage  Ratio.  Amend  paragraph  IV  of  RSA  387:3  (supp) 
as  amended  by  1959,  229:1,  by  striking  out  the  word  "eighty-five"  in  the 
first  line  and  inserting  in  place  thereof  the  word,  ninety,  so  that  said 
paragraph  as  amended  shall  read  as  follows:  IV.  Not  exceeding  ninety 
per  cent  in  aggregate  of  the  deposits  shall  be  invested  in  loans  authorized 
by  section  4  of  this  chapter  provided,  however,  (1)  that  to  the  extent  in- 
vestments in  such  loans  shall  exceed  in  the  aggregate  seventy-five  per  cent 
of  deposits  an  amount  not  less  than  such  excess  shall  be  invested  either 
in  that  portion  of  mortgage  obligations  which  is  guaranteed  by  the  Ad- 
ministrator of  Veterans'  Affairs  under  Title  III  of  the  Servicemen's  Re- 
adjustment Act  of  1944,  as  amended  from  time  to  time,  or  in  mortgage 
obligations  wholly  guaranteed  under  such  title,  or  in  mortgage  obliga- 
tions the  payment  of  which  is  insured  by  the  Federal  Housing  Commis- 
sioner or  by  the  Secretary  of  Agriculture,  and  (2)  that  not  exceeding  ten 
per  cent  of  the  deposits  shall  be  invested  in  loans  secured  by  mortgages 
upon  real  estate  outside  of  New  England  and  not  otherwise  insured  or 
guaranteed  as  provided  in  paragraphs  IV  and  V  of  section  4  of  this 
chapter. 

326:6  Educational  Loans.  Amend  RSA  387:5  (supp)  as  amended 
by  1953,  195:1  and  1955,  214:17  by  inserting  after  paragraph  IV  the 
following  new  paragraph:  V.  Notes  which  are  guaranteed  as  to  payment 
of  at  least  eighty  per  cent  of  their  outstanding  principal  from  time  to 
time  by  the  New  Hampshire  Higher  Education  Assistance  Foundation. 

326:7  Prudent  Man  Rule.  Amend  RSA  3-87:18  (supp)  as  amended 
by  4953,  195:1,  and  1955,  214:12,  by  striking  out  the  word  "ten"  in  the 
second  line  of  paragraph  (a)  and  inserting  in  place  thereof  the  word,  five, 
and  by  adding  at  the  end  thereof  the  following,  (c)  Provided  further, 
however,  that  a  bank  having  capital  funds  of  less  than  ten  per  cent  of 
deposits  may  invest  an  amount  not  exceeding  that  by  which  its  capital 
funds  exceed  five  per  cent  of  deposits  in  securities  authorized  for  invest- 
ment under  this  section,  so  that  said  section  as  amended  shall  read  as 
follows:  387:18  Prudent  Investments.  Not  exceeding  five  per  cent  of 
the  deposits  of  a  savings  bank  or  the  savings  department  of  a  banking  and 
trust  company  may  be  invested,  subject  to  the  limitations  expressed  in 
section  3  of  this  chapter,  in  securities  which  are  not  authorized  invest- 
ments under  sections  of  this  chapter  numbered  6  to  16  inclusive,  but 
which  are  prudent  investments  for  such  a  bank  to  make,  provided:  (a) 
The  bank  making  such  investment  shall  have  capital  funds  equal  to  at 
least  five  per  cent  of  its  deposits;  and  (b)  The  securities  being  purchased 
under  the  authorization  of  this  section  do  not,  when  added  to  all  other 
securities  then  owned  by  the  bank,  the  purchase  of  which  would  not  then 


1963]  Chapter  327  657 

be  authorized  by  the  other  sections  of  this  chapter,  exceed  five  per  cent 
of  its  deposits;  and  (c)  Provided  further,  however,  that  a  bank  having 
capital  funds  of  less  than  ten  per  cent  of  deposits  may  invest  an  amount 
not  exceeding  that  by  which  its  capital  funds  exceed  five  per  cent  of  de- 
posits in  securities  authorized  for  investment  under  this  section. 

326:8    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  327. 

AN  ACT  TO  PROVIDE  GROUP  LIFE  INSURANCE,  AND  GROUPS  HOSPITAL,  MEDICAL 

AND  SURGICAL  CARE  FOR  STATE  EMPLOYEES,  THEIR  FAMILIES,  AND  FOR 

RETIRED  STATE  EMPLOYEES  AND  THEIR  SPOUSES. 

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

327:1  Group  Insurance.  Amend  RSA  by  inserting  after  chapter  101 
the  following  new  chapter: 

Chapter  101 -A 

State  Employees  Group  Insurance 

101-A:1  Title  and  Purpose.  This  act  shall  be  entitled  the  state  em- 
ployees group  insurance  act  and  shall  provide  permanent  group  life 
insurance  and  group  hospitalization,  hospital  medical  care,  surgical  care 
and  other  medical  and  surgical  benefits  for  New  Hampshire  state  em- 
ployees and  their  families,  and  retired  state  employees  and  their  spouses. 

101-A:2  Declaration  of  Policy.  In  view  of  the  accepted  value  of 
group  insurance  to  the  well-being  and  efficiency  of  employees,  on  the 
part  of  small  and  large  private  employers  and  the  other  five  New  England 
states  in  obtaining  benefits  of  this  type  of  insurance  for  their  employees, 
the  state  of  New  Hampshire  implements  this  act  in  order  that  the  state 
shall  compare  favorably  to  the  standards  now  commonly  accepted  by  pri- 
vate employers  and  the  state  employees  in  the  other  five  New  England 
States  by  making  available  to  state  employees  and  their  families  and 
retired  state  employees  and  their  spouses  permanent  group  life  insurance 
and  group  hospitalization,  hospital  medical  care,  surgical  care  and  other 
medical  and  surgical  insurance  benefits. 

101-A:8  Administration.  Administration  of  the  state  employees  per- 
manent group  life  and  group  hospitalization,  hospital  medical  care,  surgi- 


658  Chapter  327  [1963 

cal  care  and  other  medical  and  surgical  insurance  benefits,  shall  be 
administered  by  the  board  of  trustees  of  the  state  employees  retirement 
system.  The  state  commissioner  of  insurance  shall  be  an  advisory  member 
ex-officio  of  the  board  of  trustees  of  the  state  employees  retirement  system, 
on  all  matters  pertaining  to  state  employees  permanent  group  life  insur- 
ance and  group  hospitalization,  hospital  medical  care,  surgical  care  and 
other  medical  and  surgical  benefits. 

101-A:4  Contract.  The  board  of  trustees  of  the  state  employees  re- 
tirement system  shall  be  authorized  to  enter  into  permanent  group  life 
insurance  and  group  hospitalization,  hospital  medical  care,  surgical  care 
and  other  medical  and  surgical  benefits  contracts  with  an  insurance  com- 
pany or  companies,  or  other  group  licensed  to  do  business  in  the  state 
of  New  Hampshire. 

101-A:5  Permanent  Group  Life  Insurance.  The  state  shall  provide 
a  permanent  life  insurance,  accidental  death  and  dismemberment  group 
plan  for  all  permanent  state  employees.  The  permanent  group  life  in- 
surance programs  shall  provide  for  a  one  thousand  dollar  face  value  death 
benefit  with  a  paid  up  value  upon  retirement  or  leaving  state  service. 
The  state  shall  pay  the  term  portion  of  the  life  insurance  premium  and 
the  state  employees  shall  pay  for  the  permanent  portion  of  the  life  in- 
surance premium  on  payroll  deduction. 

101-A:6  Group  Hospitalization,  Hospital  Medical  Care,  Surgical 
Care  and  Other  Medical  and  Surgical  Benefits.  The  state  shall  pay  a 
fixed  cost  of  three  dollars  per  month  per  state  employee  and  retired  em- 
ployee towards  the  present  group  hospitalization,  hospital  medical  care, 
surgical  care  and  other  medical  and  surgical  benefits  towards  a  group 
plan  offering  benefits  as  good  or  better  than  the  present  plans.  The  state 
employees  and  the  retired  employees  shall  pay  for  the  balance  of  the 
premium  on  payroll  deductions. 

101 -A:7  Dividends.  Any  dividends  which  may  be  received  from  this 
life  insurance  program  and  the  group  hospitalization,  hospital  medical 
care,  surgical  care  and  other  medical  and  surgical  benefits,  shall  be  paid 
to  the  state  to  assist  in  financing  the  program  or  used  to  extend  greater 
coverage  by  increasing  the  face  value  of  the  life  insurance  program  or 
increasing  the  benefits  of  the  group  hospitalization,  hospital  medical  care, 
surgical  care  and  other  medical  and  surgical  benefits. 

101-A:8  Eligibility.  Only  full  time  state  employees  shall  be  author- 
ized to  participate,  on  a  vountary  basis,  in  the  permanent  group  life  in- 
surance program.  All  full  time  state  employees  and  retired  state  employees 
shall  be  authorized  to  participate,  on  a  voluntary  basis,  in  the  group  hos- 
pitalization, hospital  medical  care,  surgical  care  and  other  medical  and 
surgical  benefits  program. 


1963]  Chapter  328  659 

101-A:9  Age  Limit.  There  shall  be  no  age  limit  to  participate  in 
either  the  permanent  group  life  insurance  or  in  the  group  hospitalization, 
hospital  medical  care,  surgical  care  and  other  medical  and  surgical  bene- 
fits program. 

101 -A:  10  Examinations.  There  shall  be  no  physical  examination 
or  health  statement  required  for  coverage  under  either  the  permanent 
group  life  insurance  or  group  hospitalization,  Hospital  medical  care, 
surgical  care  and  other  medical  and  surgical  benefits  programs. 

101-A:11  Rules  and  Regulations.  Any  rules  and  regulations  neces- 
sary for  the  proper  management  of  this  program  shall  be  adopted  by  the 
board  of  trustees  of  the  state  employees  retirement  system. 

327:2  Appropriation.  There  are  hereby  appropriated  to  be  ex- 
pended by  the  board  of  trustees  of  the  state  employees  retirement  system 
for  the  purpose  of  paying  the  state's  obligations  under  this  act  for  the 
fiscal  year  ending  June  30,  1964  the  following  sums:  $112,800  from  the 
general  funds  of  the  state,  $91,200  from  highway  funds,  $7,200  from  fish 
and  game  funds,  $19,200  from  federal  funds  and  $9,600  from  self-sustain- 
ing funds.  Like  amounts  chargeable  to  the  same  funds  are  hereby  appro- 
priated for  the  fiscal  year  ending  June  30,  1965. 

327:3  Takes  Effect.  This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  July  3,  1963.] 
[Effective  as  of  July  1,  1963.] 


CHAPTER  328. 

AN  ACT  RELATING  TO  WORKMEN'S  COMPENSATION. 

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

328:1  Pulmonary  Dust  Diseases.  Amend  paragraph  III  of  RSA 
281:2  (supp)  as  amended  by  1957,  187:2,  1959,  187:3,  and  1961,  194:2,  by 
adding  at  the  end  thereof  the  following  sentence,  in  connection  with  the 
maximum  amounts  payable  for  silicosis  and  other  pulmonary  dust  dis- 
eases, compensation  shall  be  payable  from  the  date  of  total  disability 
and  not  from  the  date  of  injury  as  herein  defined  in  such  cases,  so  that 
said  paragraph  as  amended  shall  read  as  follows: 

IIL  Personal  injury,  or  injury  as  used  in  and  covered  by  this  chap- 
ter 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 


660  Chapter  328  [1963 

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  sili- 
cosis 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 
(I)  no  compensation  shall  be  payable  for  partial  disability;  (2)  in  the 
event  of  temporary  or  permanent  total  disability  or  death,  notwithstand- 
ing any  other  provisions  of  this  chapter,  total  compensation  if  disability 
or  death  occurred  during  July,  1947,  shall  not  exceed  the  sum  of  five 
hundred  dollars;  thereafter  the  limit  for  total  disability  or  death  shall 
increase  at  the  rate  of  fifty  dollars  each  calendar  month  until  the  maxi- 
mum allowed  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  com- 
pensation payable  under  this  chapter.  In  connection  with  the  maximum 
amounts  payable  for  silicosis  and  other  pulmonary  dust  diseases,  com- 
pensation shall  be  payable  from  the  date  of  total  disability  and  not  from 
the  date  of  injury  as  herein  defined  in  such  cases. 

328:2  Other  Employers.  Amend  RSA  281:3  (supp)  as  amended  by 
1961,  194:3,  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:    281:3    Elections  by  Employers  not  Subject  to  Law.    Any 

employer  not  otherwise  subject  to  the  provisions  of  this  chapter  may 
accept  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. 

328:3  Revocation.  Amend  RSA  281:4  (supp)  as  amended  by  1961, 
194:4  by  striking  out  said  section  and  inserting  in  place  thereof  the  fol- 
lowing: 281:4  Revocation  of  Election.  Any  employer  accepting  the 
provisions  of  this  chapter  pursuant  to  sections  3  and  7  may  revoke  his  or 
its  acceptance  of  the  provisions  of  this  chapter  by  filing  a  revocation  with 
the  labor  commissioner  which  shall  be  effective  thirty  days  after  such  filing 
and  by  posting  a  notice  of  such  revocation  in  a  conspicuous  place  on  his 
or  its  premises. 

328:4  Additional  Coverage.  Amend  RSA  281:7  (supp)  as  amended 
by  '1961,  194:6,  by  inserting  after  the  word  "union"  in  the  second  line 
the  words,  county  extension  service  council,  and  by  inserting  after  the 


1963]  Chapter  328  661 

word  "thereof"  in  the  eighth  line  the  words,  for  a  county  extension  service 
council  by  said  council,  so  that  said  section  as  amended  shall  read  as 
follows:  281:7  Election  by  Municipalities.  Any  county,  city,  town,  school 
district,  supervisory  union,  county  extension  service  council,  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  thereafter  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  other- 
wise be  enlarged  or  extended.  The  acceptance  for  a  county  may  be  made 
by  the  commissioners  thereof,  for  a  county  extension  service  council  by 
said  council,  for  a  city  by  the  county  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  man- 
agement of  such  district.  Such  acceptance  shall  be  filed  with  the  labor 
commissioner. 

328:5  Parties  to  Waivers.  Amend  RSA  281:12-a  (supp)  as  inserted 
by  1957,  187:5,  and  amended  by  1961,  194:7,  by  striking  out  the  words 
"having  regularly  less  than  three  employees"  in  the  thirty-fifth  line  and 
inserting  in  place  thereof  the  words,  not  subject  to  the  provisions  of  this 
chapter,  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  de- 
pendents, 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  accompanied  by  a  state- 
ment of  the  defect  from  a  licensed  physician,  nor  unless  the  labor  com- 
missioner finds  that  the  person  who  signed  such  waiver  fully  understood 
the  meaning  thereof  and,  if  such  person  shall  be  a  minor,  that  the  parents 
or  a  guardian  of  such  minor  shall  have  approved  the  same  in  writing,  nor 
until  application  of  such  waiver  shall  have  been  sent  to  the  labor  com- 
missioner. Any  person  already  employed  who  shall  suffer  a  physical  de- 
fect 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  includ- 
ing 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.  Ap- 


662  Chapter  328  [1963 

plication  for  cancellation  of  such  waiver  may  be  made  by  either  party 
to  the  labor  commissioner  who  may  cancel  same  upon  receipt  of  a  state- 
ment 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  dependents,  for  a  compensa- 
tion 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  at- 
tributable in  a  material  degree  to  the  particular  condition  described 
therein.  The  rights  and  liabilities  of  the  parties  to  such  waiver  to  in- 
juries arising  out  of  and  in  the  course  of  the  employment  and  within  the 
terms  of  such  waiver  shall  be  such  as  are  provided  by  the  law  in  the  case 
of  an  employer  not  subject  to  the  provisions  of  this  chapter,  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  occupa- 
tional disease,  susceptibility  thereto  or  a  recurrence  thereof. 

328:6  Waiver  by  Governor  and  Council.  Amend  281:14  (supp)  as 
amended  by  1957,  187:6,  1959,  187:5  and  1961,  194:8,  by  inserting  after 
paragraph  IV  the  following  new  paragraph:  V.  Whenever  the  lien  cre- 
ated by  the  foregoing  paragraphs  is  in  the  state  of  New  Hampshire  by 
virtue  of  benefits  paid  to  or  on  behalf  of  a  state  employee,  the  governor 
and  council,  upon  petition  by  the  injured  employee,  may,  in  its  discre- 
tion, waive  all  or  part  of  said  lien. 

328:7  Medical  and  Hospital  Benefits.  Amend  RSA  281:21  (supp) 
as  amended  by  1961,  194:9,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following: 

281:21  Medical,  Hospital  Care,  etc.  During  the  first  six  months 
after  an  injury  to  an  employee,  an  employer  subject  to  this  chapter,  shall 
furnish  to  an  injured  employee,  or  cause  to  be  furnished,  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  six-month  period  may  be  extended 
from  time  to  time  at  the  discretion  of  the  labor  commissioner  upon  writ- 
ten request  of  the  injured  employee  to  the  labor  commissioner  and  after 
the  employer  has  been  given  an  opportunity  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  section  22  to  26.  Whenever  an 
injured  employee  shall  receive  medical  or  hospital  benefits,  or  other 
remedial  care,  after  expiration  of  the  first  six  months  after  an  injury, 
or  subsequent  to  expiration  of  extension  thereof  by  the  labor  commis- 


1963]  Chapter  328  663 

sioner,  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  commissioner,  following  notice  to  the  employer 
giving  opportunity  to  be  heard,  may  grant  an  extension  retroactively. 

328:8  Determination  of  Value.  Amend  RSA  281  by  inserting  after 
section  21  (supp)  as  amended  by  1961,  194:9,  the  following  new  section: 
281:21-a  Reasonable  Value  of  Services.  Whenever  medical  and  hospital 
services,  or  other  remedial  care,  are  rendered  to  an  injured  employee 
under  the  provisions  of  this  chapter,  and  a  dispute  arises  between  the 
employer  and  the  person,  firm  or  corporation  rendering  such  services  or 
care  as  to  the  reasonable  value  thereof,  the  labor  commissioner  shall  con- 
sult with  not  less  than  three  members  of  the  same  profession  as  the 
creditor  concerned  in  the  subject  dispute  and  thereafter  determine  the 
reasonable  value  for  such  services  or  care.  Each  of  the  following  organiza- 
tions shall  be  entitled  to  submit  to  the  labor  commissioner  the  names  of 
ten  members  of  their  organization  who  shall  comprise  a  panel  from  which 
the  commissioner  shall  choose  individuals  with  whom  to  consult:  (a) 
New  Hampshire  Medical  Society,  (b)  New  Hampshire  Osteopathic  So- 
ciety, (c)  New  Hampshire  Dental  Society.  Nothing  herein  contained  shall 
be  construed  as  a  bar  to  the  commissioner,  for  purposes  of  complying 
with  this  section,  consulting  with  any  other  professional  individuals, 
provided  that  said  individuals  shall  be  engaged  in  the  private  practice 
of  their  profession  and  not  in  the  employ  of  the  employer  of  the  patient 
or  any  party  or  agent  acting  on  behalf  of  the  employer,  and  no  individual 
who  is  not  engaged  full  time  in  the  private  practice  of  his  profession  shall 
be  eligible  for  membership  on  any  of  the  panels  aforesaid.  The  labor 
commissioner  shall  have  exclusive  jurisdiction  in  resolving  the  dispute 
and  he  shall  make  his  findings  as  to  the  reasonable  value  of  such  services 
and/or  care  rendered  and  such  findings  shall  be  binding  upon  the  in- 
terested parties. 

328:9  Death  Benefits.  Amend  RSA  281:22  (supp)  as  amended  by 
1955,  98:3  and  4,  1957,  187:10  and  13,  1959,  187:12,  and  1961,  194:10, 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
281:22  Compensation  for  Death:  If  death  results  from  the  injury,  the 
employer  shall,  subject  to  the  limitations  hereinafter  provided,  pay  to,  or 
for  the  dependents  of  the  deceased  employee,  as  defined  in  section  2, 
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-five  dollars  per  week  unless  the  injured  employee's  aver- 
age weekly  wages  as  defined  herein  are  less  than  twenty  dollars  per  week, 
in  which  case  the  compensation  shall  be  the  full  amount  of  said  average 
weekly  wages;  provided  that  the  total  amount  payable  on  account  of  a 
sing^le  death  shall  not  exceed  the  sum  of  fifteen  thousand  dollars.  Such 
benefits  shall  be  payable  for  a  maximum  of  three  hundred  and  forty-one 
weeks  except  where  the  maximum  of  fifteen  thousand  dollars  is  reached 


664  Chapter  328  [1963 

prior  to  the  expiration  of  said  maximum  period.  Any  weekly  payments 
made  under  sections  23,  25  or  26  shall  be  deducted  from  said  maximum 
of  fifteen  thousand  dollars. 

I.  In  all  cases  where  compensation  is  payable  to  a  widow  or  widower 
for  the  benefit  of  herself  or  himself  and  dependent  child  or  children,  the 
labor  commissioner  shall  have  power  to  determine  in  his  discretion  what 
portion  of  the  compensation  shall  be  applied  for  the  benefit  of  any  such 
child  or  children  and  may  order  the  same  paid  to  a  guardian. 

II.  In  the  case  of  remarriage  of  a  widow  without  dependent  chil- 
dren compensation  payments  shall  cease. 

III.  In  case  of  remarriage  of  a  widow  who  has  dependent  children 
the  unpaid  balance  of  compensation  which  would  otherwise  become  her 
due  shall  be  payable  to  the  mother,  guardian,  or  such  other  person  as  the 
labor  commissioner  may  order,  for  the  use  and  benefit  of  such  children 
during  dependency. 

IV.  If  the  deceased  employee  leaves  no  dependents,  the  employer 
shall  pay  the  expenses  of  burial  not  exceeding  eight  himdred  dollars. 

V.  Any  dependent  as  defined  herein,  who  at  the  time  of  the  injury 
of  the  injured  is  in  part  only  dependent  upon  his  earnings,  shall  receive 
such  proportion  of  the  benefits  provided  for  those  wholly  dependent  as 
the  amount  of  the  wage  contributed  by  the  deceased  to  such  partial  de- 
pendents at  the  time  of  injury  bore  to  the  total  support  of  the  dependents. 

VI.  Compensation  for  a  dependent  child  shall  cease  when  a  child 
becomes  twenty-one  years  of  age,  unless  the  child  is  physically  or  mentally 
incapacitated,  or  earlier  if  the  child  is  determined  by  the  labor  commis- 
sioner to  be  self-supporting,  or  upon  the  marriage  or  legal  adoption  of 
such  child. 

328:10  Total  Disability  Benefits.  Amend  RSA  28"1:23  (supp)  as 
amended  by  1955,  98:5,  1957,  187:11,  1959,  187:13,  and  1961,  194:11,  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
281:23  Compensation  for  Total  Disability.  Where  the  injury  causes 
total  disability  for  work  at  any  gainful  occupation  the  employer,  during 
such  total  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-five  dollars  per  week,  unless  the  injured  em- 
ployee'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.  Whenever  total  disability  has  continued 
for  a  period  of  six  successive  years  and  still  continues,  further  payments 
of  compensation  during  continued  total  disability  shall  be  made  only 


1963]  Chapter  328  665 

upon  order  of  the  labor  commissioner.  The  injured  employee  shall  apply 
to  the  labor  commissioner  for  further  weekly  benefits  during  such  con- 
tinued total  disability.  The  employer  shall  be  given  prompt  notice  of 
such  request,  and  shall  be  entitled  to  a  hearing  if  he  so  requests  within 
ten  days  following  receipt  of  such  notice.  Unless  the  employer  agrees 
to  such  request  within  ten  days  after  receipt  of  said  notice,  no  such  re- 
quest shall  be  granted  until  the  injured  employee  shall  have  been  exam- 
ined by  three  duly  licensed  physicians,  one  nominated  by  the  employee, 
one  by  the  employer,  and  one  by  the  labor  commissioner.  The  labor  com- 
missioner'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  chapter.  If  additional 
benefits  are  awarded,  they  shall  not  be  awarded  for  a  period  in  excess  of 
one  year,  and  payments  shall  cease  if  total  disability  ends  during  the  ex- 
tension granted.  If,  at  the  end  of  one  year,  any  such  benefits  are  still  being 
received  pursuant  to  an  extension  granted  hereunder,  the  injured  em- 
ployee must  file  an  additional  request,  and  the  same  procedure  shall 
apply,  and  may  be  repeated  annually  in  the  same  manner. 

328:11  Repeal.  RSA  281:24  (supp)  as  amended  by  1955,  98:6,  1957, 
187:2  and  1961,  194:12,  relative  to  compensation  for  permanent  total 
disability,  is  hereby  repealed. 

328:12  Permanent  Partial  Disability  Benefits.  Amend  RSA  281:26 
(supp)  as  amended  by  1955,  98:8,  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:    281:26   Permanent  Partial  Disability. 

In  case  of  disability  partial  in  character  but  permanent  in  quality,  com- 
pensation shall  be  computed  and  payable  as  follows:  (1)  During  the  actual 
healing  periods  hereinafter  mentioned,  compensation  equal  to  sixty-six 
and  two-thirds  per  cent  of  the  employee's  average  weekly  wages,  but  not 
less  than  twenty  dollars  nor  more  than  forty-five  dollars  per  week,  unless 
the  injured  employee's  average  weekly  wages  as  defined  herein  are  less 
than  twenty  dollars  per  week  (in  which  case  the  compensation  shall  be 
the  full  amount  of  said  average  weekly  wages)  shall  be  payable;  (2)  for 
the  specific  injuries  hereinafter  mentioned,  compensation  equal  to  sixty- 
six  and  two-thirds  per  cent  of  the  employee's  average  weekly  wages,  but 
not  less  than  twenty  dollars  nor  more  than  forty-three  dollars  and  fifty 
cents  per  week,  unless  the  injured  employee's  average  weekly  wages  as 
defined  herein  are  less  than  twenty  dollars  per  week  (in  which  case  the 
compensation  shall  be  the  full  amount  of  said  average  weekly  wages)  shall 
be  payable. 

I.  Total  and  permanent  loss  of  sight  in  both  eyes,  compensation  for 
three  hundred  and  forty-one  weeks,  plus  actual  healing  period,  if  any. 

II.  Loss  of  both  feet  at  or  above  the  ankles,  compensation  for  three 
hundred  and  forty-one  weeks,  plus  actual  healing  period. 


666  Chapter  328  [1963 

III.  Loss  of  both  hands  at  or  above  both  wrists,  compensation  for 
three  hundred  and  forty-one  weeks,  plus  actual  healing  period. 

IV.  Loss  of  one  hand  at  or  above  the  wrist  and  one  foot  at  or  above 
the  ankle,  compensation  for  three  hundred  and  forty-one  weeks,  plus 
actual  healing  period. 

V.  Arm  lost,  compensation  for  two  hundred  fourteen  weeks,  plus 
actual  healing  period. 

VI.  Hand  lost,  compensation  for  one  hundred  seventy-five  weeks, 
plus  actual  healing  period. 

VII.  Thumb  lost,  compensation  for  fifty  weeks,  plus  actual  healing 
period. 

VIII.  Index  finger  lost,  compensation  for  thirty-one  weeks,  plus 
actual  healing  period. 

IX.  Middle  finger  lost,  compensation  for  twenty-six  weeks,  plus 
actual  healing  period. 

X.  Ring  finger  lost,  compensation  for  nineteen  weeks,  plus  actual 
healing  period. 

XL  Little  finger  lost,  compensation  for  thirteen  weeks,  plus  actual 
healing  period. 

XII.  Leg  lost,  compensation  for  two  hundred  fourteen  weeks,  plus 
actual  healing  period. 

XIII.  Foot  lost,  compensation  for  one  hundred  fifty-one  weeks,  plus 
actual  healing  period. 

XIV.  Great  toe  lost,  compensation  for  twenty-six  weeks,  plus  actual 
healing  period. 

XV.  Toe  other  than  great  toe  lost,  compensation  for  ten  weeks,  plus 
actual  healing  period. 

XVI.  Eye  lost,  compensation  for  one  hundred  twenty-six  weeks,  plus 
actual  healing  period. 

XVII.  Loss  of  hearing  in  one  ear,  compensation  for  fifty-two  weeks. 

XVIII.  Loss  of  hearing  in  both  ears,  compensation  for  two  hundred 
fourteen  weeks. 

XIX.  Compensation  for  the  loss  of  more  than  one  phalange  of  a 
digit  shall  be  the  same  as  for  the  loss  of  an  entire  digit.  Compensation 
for  the  loss  of  the  first  phalange  shall  be  one-half  of  the  compensation  for 
the  loss  of  the  compensation  for  the  loss  of  the  entire  digit. 

XX.  Compensation  for  an  arm  or  leg  if  amputated  at  or  above  the 
elbow  or  at  or  above  the  knee,  shall  be  the  same  as  for  the  loss  of  the  arm 


1963]  Chapter  328  667 

or  leg,  but  if  amputated  between  the  elbow  and  the  wrist,  or  the  knee  and 
the  ankle,  shall  be  the  same  as  for  the  loss  of  hand  or  foot. 

XXI.  Compensation  for  loss  of  eighty  percent  or  more  of  the  vision 
of  an  eye  shall  be  the  same  as  for  the  loss  of  an  eye. 

XXII.  Compensation  for  loss  of  two  or  more  digits  or  one  or  more 
phalanges  of  two  or  more  digits  of  a  hand  or  foot,  may  be  proportioned 
to  the  loss  of  use  of  the  hand  or  foot  occasioned  thereby,  but  shall  not 
exceed  the  compensation  for  loss  or  hand  or  foot. 

XXIII.  Compensation  for  permanent  total  loss  of  use  of  a  member 
shall  be  the  same  as  for  the  loss  of  the  member;  provided,  however,  that  if 
amputation  or  surgery  subsequently  becomes  necessary  with  respect  to 
such  member  either  because  of  the  original  injury  or  because  of  a  subse- 
quent accident  said  employee  shall  be  entitled  to  an  additional  actual 
healing  period,  but  said  employee  shall  not  be  entitled  to  additional 
compensation  for  loss  of  said  member. 

XXIV.  In  the  case  of  permanent  partial  loss  of  use  of  any  member 
specified  in  the  preceding  paragraphs  due  to  actual  injury  to  such  mem- 
ber, either  at  the  time  of  the  accident  or  in  the  course  of  treatment,  com- 
pensation shall  be  determined  on  a  pro  rata  basis  by  applying  the  per- 
centage of  actual  disability  of  such  injured  member  against  the  awards 
specified  herein  for  total  loss  or  loss  of  use  of  the  same  member;  provided, 
however,  that  if  amputation  or  surgery  subsequently  become  necessary 
with  respect  to  such  member  either  because  of  the  original  injury  or 
because  of  a  subsequent  accident  said  employee  shall  be  entitled  to  an 
additional  actual  healing  period,  and  provided  further  that  said  employee 
shall  be  entitled  to  additional  compensation  in  an  amount  not  exceeding 
the  difference  between  the  amount  provided  for  loss  of  said  member  and 
the  amount  previously  awarded  under  this  paragraph. 

XXV.  Compensation  for  loss  of  less  than  one  phalange  of  a  digit 
shall  be  not  less  than  one-quarter  of  the  compensation  for  the  entire  digit. 

XXVI.  In  the  event  that  an  employee  has  been  awarded  compensa- 
tion for  loss  of  a  member  under  this  section  and  in  the  event  that  ampu- 
tation or  surgery  becomes  necessary,  with  respect  to  another  member  of 
which  the  original  member  was  or  is  a  component  part,  either  because 
of  the  original  injury  or  because  of  a  subsequent  accident  said  employee 
shall  be  entitled  to  an  additional  actual  healing  period;  provided,  however, 
that  said  employee  shall  be  entitled  to  additional  compensation  in  an 
amount  not  exceeding  the  difference  between  the  amount  originally 
awarded  and  the  amount  provided  for  loss  of  the  member  with  respect 
to  which  amputation  or  surgery  subsequently  becomes  necessary. 

328:13  Single  Payments.  Amend  RSA  28I:26-a  (supp)  as  inserted 
by  1959,  187:6,  by  adding  at  the  end  thereof  the  following  new  paragraph: 


668  Chapter  328  [1963 

IV.  When  compensation  is  payable  under  the  provisions  of  section  26 
and  the  agreement  provides  for  an  award  not  in  excess  of  twenty  weeks' 
compensation,  such  compensation  may  be  paid  in  one  sum  upon  approval 
by  the  labor  commissioner  following  completion  of  forms  provided  for 
the  purpose.  Such  a  payment  shall  not  be  considered  to  be  a  lump  sum 
settlement,  and  neither  shall  it  bar  an  employee  from  invoking  the  pro- 
visions of  section  40  of  this  chapter. 

328:14  Benefit  Period.  Amend  RSA  281:30  (supp)  as  amended  by 
1955,  98:9,  1957,  187:14,  1959,  187:14  and  1961,  194:13,  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  30  Maximum 
Benefits.  In  no  case,  except  as  provided  in  sections  23,  26,  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- 
five  dollars  per  week  in  amount,  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  injury. 

328:15  Extension  of  Medical  Benefits.  Amend  RSA  281:30-a  (supp) 
as  inserted  by  1961,  194:14,  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following:  281:30-a  Additional  Medical,  Hospital,  or 
Other  Remedial  Care  in  Unusual  Cases.  With  respect  to  accidents  oc- 
curring after  July  1,  1963,  whenever  an  employee  has  received  medical, 
hospital,  or  other  remedial  care  during  the  last  six  months  of  any  period 
during  which  compensation  is  payable  under  the  provisions  of  this  chap- 
ter, pursuant  to  a  six  months'  extension  granted  by  the  labor  commis- 
sioner, as  herein  provided,  the  labor  commissioner  may  grant  an  extension 
of  such  medical  and  hospital  benefits,  or  other  remedial  care,  upon  appli- 
cation duly  made  therefor,  to  such  extent  and  for  such  additional  period 
as  he  may  determine,  not  exceeding  one  year,  except  as  otherwise  pro- 
vided. The  employer  shall  be  given  prompt  notice  of  such  request,  and, 
unless  the  employer  agrees  to  such  request  within  ten  days,  no  such  re- 
quest shall  be  granted  until  the  injured  employee  shall  have  been  exam- 
ined by  three  duly  licensed  physicians,  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  file  an  additional  request, 
and  the  same  procedure  shall  apply,  and  may  be  repeated  annually  in 
the  same  manner. 

328:16  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,  1963  to  July  1,  1965. 


1963]  Chapter  329  669 

328:17  Salary.  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;  1961,  221:4  by,  on  the  line  entitled  "Commissioner  of  the  Depart- 
ment of  Employment  Security,"  striking  out  in  the  minimum  and  maxi- 
mum salary  coUmms  the  figures  applicable  to  said  position  and  inserting 
in  the  "Minimum"  coUnnn  the  figure,  $11,478.22,  and  in  the  "maximum" 
column  the  figure,  $13,064.22. 

328:18   Takes  Effect.   Sections  2,  3  and  5  of  this  act  shall  take  effect 
on  January  1,  1964.  The  remaining  sections  of  this  act  shall  take  effect 
July  1,  1963,  but  sections  9,  10,  12  and  14  hereof  shall  not  apply  to  acci- 
dents occurring  prior  to  that  date. 
[Approved  July  3,  1963.] 
[Effective  date: 

Sections  2,  3  and  5  —  January  1,  1964; 

remaining  sections  —  effective  as  of  July  1,  1963.] 


CHAPTER  329. 

AN  ACT  INCREASING  THE  SALARIES  OF  THE  COUNTY  ATTORNEY  AND  COUNTY 
COMMISSIONERS  OF  HILLSBOROUGH  COUNTY. 

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

329:1  Hillsborough  County  Attorney.  Amend  RSA  7:35  (supp)  as 
amended  by  1955,  247:2,  1957,  34:1,  211:1,  1959,  6:1  and  (1961,  107:1; 
208:1,  1963,  95  by  striking  out  the  words  "In  Hillsborough,  thirty-eight 
hundred  dollars"  and  inserting  in  place  thereof  the  words.  In  Hillsbor- 
ough, five  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,  three  thousand  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,  five  thousand  dollars. 

In  Cheshire,  three  thousand  dollars. 

In  Sullivan,  two  thousand  dollars. 

In  Grafton,  three  thousand  dollars. 

In  Coos,  twenty-four  hundred  dollars. 

329:2  Hillsborough  County  Commissioners.  Amend  RSA  28:28 
(supp),  as  amended  by   1955,  247:4  and  269:1,   1957,   182:1  and  246:1, 


670  Chapter  330  [1963 

1901,  80:1,  157:1  and  210:1,  1963,  94,  by  striking  out  in  the  eighth  line 
the  words  "In  Hillsborough,  four  thousand  dollars"  and  inserting  in 
place  thereof  the  words,  In  Hillsborough,  forty-five  hundred,  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,  three  thousand  dollars. 

In  Strafford,  fifteen  hundred  dollars. 

In  Belknap,  fifteen  hundred  dollars. 

In  Carroll,  twelve  hundred  dollars. 

In  Merrimack,  two  thousand  dollars. 

In  Hillsborough,  forty-five  hundred  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. 

329:3   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1965. 
[Approved  July  3,  1963.] 
[Effective  January  1,  1965.] 


CHAPTER  330. 

AN  ACT  ADOPTING  CERTAIN  PROVISIONS  OF  THE  UNIFORM  VEHICLE  CODE. 

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

330:1  Rules  of  the  Road.  Amend  RSA  by  inserting  after  chapter 
262  the  following  new  chapter: 

Chapter  262-A 
Rules  of  the  Road 
Obedience  to  and  Effect  of  Traffic  Laws 
262-A:  1    Vehicles  On  Highways;  Exceptions.   The  provisions  of  this 
chapter  relating  to  the  operation  of  vehicles  refer  exclusively  to  the  opera- 
tion of  vehicles  upon  highways  except  where  a  different  place  is  specifical- 
ly referred  to  in  a  given  section. 

262-A:2  Required  Obedience  to  Traffic  Laws.  It  is  unlawful  and, 
unless  otherwise  declared  in  this  chapter  with  respect  to  particular 
offenses,  it  is  a  misdemeanor  for  any  person  to  do  any  act  forbidden  or 
fail  to  perform  any  act  required  in  this  chapter. 


1963]  Chapter  330  671 

262-A:3  Obedience  to  Police  Officers.  No  person  shall  wilfully  fail 
or  refuse  to  comply  with  any  lawful  order  or  direction  of  any  police 
officer  invested  by  law  with  authority  to  direct,  control  or  regulate  traffic. 

262-A:4    Persons  Riding  Animals;  Driving  Animal-drawn  Vehicles. 

Every  person  riding  an  animal  or  driving  any  animal-drawn  vehicle  upon 
a  roadway  shall  be  granted  all  of  the  rights  and  shall  be  subject  to  all  of 
the  duties  applicable  to  the  driver  of  a  vehicle  by  this  chapter,  except 
those  provisions  of  this  chapter  which  by  their  very  nature  can  have  no 
application. 

262-A:5  Approaching  Horses.  Every  person  having  control  or  charge 
of  a  motor  vehicle  shall,  whenever  upon  any  public  way  and  approaching 
any  horse,  operate,  manage,  and  control  such  motor  vehicle  in  such  a 
manner  as  to  exercise  every  reasonable  precaution  to  prevent  the  frighten- 
ing of  such  horse,  and  to  insure  the  safety  and  protection  of  any  person 
riding  or  driving  the  same. 

262-A:6  Persons  Working  on  Highways;  Exceptions.  Unless  spe- 
cifically made  applicable,  the  provisions  of  this  chapter,  except  as  to  their 
civil  liability,  shall  not  apply  to  persons,  teams,  vehicles  and  other  equip- 
ment while  actually  engaged  in  work  upon  the  surface  of  a  highway  but 
shall  apply  to  such  persons  and  vehicles  when  traveling  to  or  from  such 
work. 

262-A:7  Emergency  Vehicles.  A  person  operating  an  emergency 
vehicle,  as  defined  in  Chapter  259,  shall  not  use  the  siren  or  flashing 
light,  as  approved  by  the  director  of  motor  vehicles,  except  when  such 
vehicle  is  being  operated  in  response  to  an  emergency  call,  or  in  immedi- 
ate pursuit  of  an  actual  or  suspected  violator  of  the  law.  An  operator  of 
a  motor  vehicle  being  operated  on  the  ways  of  this  state  upon  the  ap- 
proach of  an  emergency  motor  vehicle  with  its  siren  or  flashing  light  in 
operation  shall  turn  immediately  as  far  as  possible  toward  the  right-hand 
side  of  the  way  and  shall  bring  his  vehicle  to  a  standstill  until  such  emer- 
gency vehicle  has  passed. 

Traffic  Signs,  Signals  and  Markings 

262-A:8    Obediance   to  and  Required   Traffic-Control  Devices.     I. 

The  driver  of  any  vehicle  shall  obey  the  instructions  of  any  traffic-control 
device  applicable  thereto  placed  as  provided  by  law,  unless  otherwise 
directed  by  a  traffic  or  police  officer,  subject  to  the  exceptions  granted 
the  driver  of  an  authorized  emergency  vehicle  in  this  chapter. 

II.  No  provision  of  this  chapter  for  which  signs  are  required  shall 
be  enforced  against  an  alleged  violator  if  at  the  time  and  place  of  the 
alleged  violation  an  official  sign  is  not  in  proper  position  and  sufficiently 
legible  to  be  seen  by  an  ordinarily  observant  person. 


672  Chapter  330  [1963 

III.  Whenever  traffic-control  devices  are  placed  in  position  approx- 
imately conforming  to  the  requirements  of  this  chapter,  such  devices 
shall  be  presumed  to  have  been  so  placed  by  the  official  act  or  direction 
of  lawful  authority,  unless  the  contrary  shall  be  established  by  competent 
evidence. 

IV.  Any  traffic-control  device  placed  pursuant  to  the  provisions  of 
this  chapter  and  purporting  to  conform  to  the  lawful  requirements  per- 
taining to  such  devices  shall  be  presumed  to  comply  with  the  requirements 
of  this  chapter,  unless  the  contrary  shall  be  established  by  competent 
evidence. 

262-A:9  Traffic-control-signal  Legend.  Whenever  traffic  is  con- 
trolled by  traffic-control  signals  exhibiting  different  colored  lights,  or 
colored  lighted  arrows,  successively  one  at  a  time  or  in  combination,  only 
the  colors  Green,  Red  and  Yellow  shall  be  used,  except  for  special  pedes- 
trian signals  carrying  a  word  legend,  and  said  lights  shall  indicate  and 
apply  to  drivers  of  vehicles  and  pedestrians  as  follows: 

(aj    Green  Indication 

I.  Vehicular  traffic  facing  a  circular  green  signal  may  proceed 
straight  through  or  turn  right  or  left  unless  a  sign  at  such  place  prohibits 
either  such  turn.  But  vehicular  traffic,  including  vehicles  turning  right 
or  left,  shall  yield  the  right  of  way  to  other  vehicles  and  to  pedestrians 
lawfully  within  the  intersection  or  an  adjacent  cross  walk  at  the  time 
such  signal  is  exhibited. 

II.  Vehicular  traffic  facing  a  green  arrow  signal,  shown  alone  or  in 
combination  with  another  indication,  may  cautiously  enter  the  inter- 
section only  to  make  the  movement  indicated  by  such  arrow,  or  such 
other  movement  as  is  permitted  by  other  indications  shown  at  the  same 
time.  Such  vehicular  traffic  shall  yield  the  right  of  way  to  pedestrians 
lawfully  within  an  adjacent  cross  walk  and  to  other  traffic  lawfully  us- 
ing: the  intersection. 

III.  Unless  otherwise  directed  by  a  pedestrian-control  signal,  as 
provided  in  section  10,  pedestrians  facing  any  green  signal,  except  when 
the  sole  green  signal  is  a  turn  arrow,  may  proceed  across  the  roadway 
within  any  marked  cross  walk. 

(b)    Steady  Yellow  Indication 

I.  Vehicular  traffic  facing  a  steady  yellow  signal  is  thereby  warned 
that  the  related  green  movement  is  being  terminated  or  that  a  red  in- 
dication will  be  exhibited  immediately  thereafter  when  vehicular  traffic 
shall  not  enter  the  intersection. 

II.  Pedestrians  facing  a  steady  yellow  signal,  unless  otherwise  di- 
rected by  a  pedestrian-control  signal  as  provided  in  section  10,  are  thereby 


1963]  Chapter  330  673 

advised  that  there  is  insufficient  time  to  cross  the  roadway  before  a  red 
indication  is  shown  and  no  pedestrian  shall  then  start  to  cross  the  roadway. 

(c)    Steady  Red  Indication 

I.  Vehicular  traffic  facing  a  steady  red  signal  alone  shall  stop  be- 
fore entering  the  cross  walk  on  the  near  side  of  the  intersection  or,  if 
none,  then  before  entering  the  intersection  and  shall  remain  standmg 
until  a  o;reen  indication  is  show^n. 

II.  Unless  otherwise  directed  by  a  pedestrian-control  signal  as  pro- 
vided in  section  10,  pedestrians  facing  a  steady  red  signal  alone  shall 
not  enter  the  roadway. 

(d)    Signal  not  at  an  Intersection 

In  the  event  an  official  traffic-control  signal  is  erected  and  maintained 
at  a  place  other  than  an  intersection,  the  provisions  of  this  section  shall 
be  applicable  except  as  to  those  provisions  which  by  their  nature  can 
have  no  application.  Any  stop  required  shall  be  made  at  a  sign  or  marking 
on  the  pavement  indicating  where  the  stop  shall  be  made,  but  in  the 
absence  of  any  such  sign  or  marking  the  stop  shall  be  made  at  the  signal. 

262-A:10  Pedestrian-Control  Signals.  Whenever  special  pedestrian- 
control  signals  exhibiting  the  words  "Walk"  or  "Don't  Walk"  are  in  place 
such  signals  shall  indicate  as  follows: 

I.  Walk  —  Pedestrians  facing  such  signal  may  proceed  across  the 
roadway  in  the  direction  of  the  signal  and  shall  be  given  the  right  of  way 
by  the  drivers  of  all  vehicles. 

II.  Don't  Walk  —  No  pedestrian  shall  start  to  cross  the  roadway  in 
the  direction  of  such  signal,  but  any  pedestrian  who  has  partially  com- 
pleted his  crossing  on  the  walk  signal  shall  proceed  to  a  sidewalk  or  safety 
island. 

262-A:ll  Flashing  Signals.  A.  Whenever  an  illuminated  flashing 
red  or  yellow  signal  is  used  in  a  traffic  sign  or  signal  it  shall  require  obedi- 
ence by  vehicular  traffic  as  follows: 

I.  Flashing  red  (stop  signal).  When  a  red  lens  is  illuminated  with 
rapid  intermittent  flashes,  drivers  of  vehicles  shall  stop  before  entering 
the  nearest  cross  walk  at  an  intersection  or  at  a  limit  line  when  marked, 
or  if  none,  then  before  entering  the  intersection,  and  the  right  to  proceed 
shall  be  subject  to  the  rules  applicable  after  making  a  stop  at  a  stop  sign. 

II.  Flashing  yellow  (caution  signal).  When  a  yellow  lens  is  illum- 
inated ^vith  rapid  intermittent  flashes,  drivers  of  vehicles  may  proceed 
through  the  intersection  or  past  such  signal  only  with  caution. 

B.  This  section  shall  not  apply  at  railroad  grade  crossings.  Conduct 
of  drivers  of  vehicles  approaching  railroad  grade  crossings  shall  be  gov- 
erned by  the  rules  as  set  forth  in  section  46  of  this  chapter. 


674  Chapter  330  [1963 

262-A:12  Lane-Direction-Control  Signals.  When  lane-direction  con- 
trol signals  are  placed  over  the  individual  lanes  of  a  street  or  highway, 
vehicular  traffic  may  travel  in  any  lane  over  which  a  green  signal  is  shown, 
but  shall  not  enter  or  travel  in  any  lane  over  which  a  red  signal  is  shown. 

262A:13   Display  of  Unauthorized  Signs,  Signals  or  Markings.   I.   No 

person  shall  place,  maintain  or  display  upon  or  in  view  of  any  highway 
any  unauthorized  sign,  signal,  marking  or  device  which  purports  to  be 
or  is  an  imitation  of  or  resembles  an  official  traffic-control  device  or  rail- 
road sign  or  signal,  or  which  attempts  to  direct  the  movement  of  traffic, 
or  which  hides  from  view  or  interferes  with  the  effectiveness  of  any 
official  traffic-control  device  or  any  railroad  sign  or  signal. 

II.  No  person  shall  place  or  maintain  nor  shall  any  public  authority 
permit  upon  any  highway  any  traffic  sign  or  signal  bearing  thereon  any 
commercial  advertising. 

III.  This  section  shall  not  be  deemed  to  prohibit  the  erection  upon 
private  property  adjacent  to  highways  of  signs  giving  useful  directional 
information  and  of  a  type  that  cannot  be  mistaken  for  official  signs. 

IV.  Every  such  prohibited  sign,  signal  or  marking  is  hereby  de- 
clared to  be  a  public  nuisance  and  the  authority  having  jurisdiction  over 
the  highway  is  hereby  empowered  to  remove  the  same  or  cause  it  to  be 
removed  without  notice. 

262-A:14  Interference  with  Traffic  Devices,  Signs,  Signals.  No  per- 
son shall,  without  lawful  authority,  attempt  to  or  in  fact  alter,  deface, 
injure,  knock  down  or  remove  any  official  traffic-control  device  or  any 
railroad  sign  or  signal  or  any  inscription,  shield  or  insignia  thereon,  or 
any  other  part  thereof. 

Driving  on  Right  Side  of  Roadway;  Overtaking 
Passing,  etc. 

262-A:15  Drive  on  right  side  of  roadway;  exceptions.  A.  Upon 
all  roadways  of  sufficient  width  a  vehicle  shall  be  driven  upon  the  right 
half  of  the  roadway,  except  as  follows: 

I.  When  overtaking  and  passing  another  vehicle  proceeding  in  the 
same  direction  under  the  rules  governing  such  movement. 

II.  When  an  obstruction  exists  making  it  necessary  to  drive  to  the 
left  of  the  center  of  the  highway;  provided,  any  person  so  doing  shall 
yield  the  right  of  way  to  all  vehicles  traveling  in  the  proper  direction 
upon  the  unobstructed  portion  of  the  highway  within  such  distance  as 
to  constitute  an  immediate  hazard. 

III.  Upon  a  roadway  divided  into  three  marked  lanes  for  traffic 
under  the  rules  applicable  thereon. 

IV.  Upon  a  city  street  designated  and  signposted  for  one-way  traffic. 


1963]  Chapter  330  675 

B.  Upon  all  roadways  any  vehicle  proceeding  at  less  than  the  nor- 
mal speed  of  traffic  at  the  time  and  place  and  under  the  conditions  then 
existing  shall  be  driven  in  the  ris;ht-hand  lane  then  available  for  traffic, 
or  as  close  as  practicable  to  the  right-hand  curb  or  edge  of  the  roadway, 
except  when  overtaking  and  passing  another  vehicle  proceeding  in  the 
same  direction  or  when  preparing  for  a  left  turn  at  an  intersection  or 
into  a  private  road  or  driveway. 

C.  Upon  any  roadway  having  four  or  more  lanes  for  moving  traffic 
and  providing  for  two-way  movement  of  traffic,  no  vehicle  shall  be  driven 
to  the  left  of  the  center  line  of  the  roadway,  except  when  authorized  by 
official  traffic  control  devices  designating  certain  lanes  to  the  left  side  of 
the  center  of  the  roadway  for  use  by  traffic  not  otherwise  permitted  to  use 
such  lanes,  or  except  as  permitted  under  A,  II  hereof. 

262-A:I6  Approaching  Vehicles.  Drivers  of  vehicles  proceeding  in 
opposite  directions  shall  pass  each  other  to  the  right,  and  upon  roadways 
having  width  for  not  more  than  one  line  of  traffic  in  each  direction  each 
driver  shall  give  to  the  other  at  least  one-half  of  the  main-traveled  portion 
of  the  roadway  as  nearly  as  possible. 

262-A:17  Overtaking  a  vehicle  on  the  left.  The  following  rules  shall 
govern  the  overtaking  and  passing  of  vehicles  proceeding  in  the  same 
direction,  subject  to  those  limitations,  exceptions  and  special  rules  here- 
inafter stated: 

I.  The  driver  of  a  vehicle  overtaking  another  vehicle  proceeding  in 
the  same  direction  shall  pass  to  the  left  thereof  at  a  safe  distance  and  shall 
not  again  drive  to  the  right  side  of  the  roadway  until  safely  clear  of  the 
overtaken  vehicle. 

II.  The  driver  of  an  overtaken  vehicle  shall  give  way  to  the  right 
in  favor  of  the  overtaking  vehicle  on  audible  signal  and  shall  not  increase 
the  speed  of  his  vehicle  until  completely  passed  by  the  overtaking  vehicle, 

262-A:18  When  Overtaking  on  the  Right  is  Permitted. 

A.  The  driver  of  a  vehicle  may  overtake  and  pass  upon  the  right 
of  another  vehicle  only  under  the  following  conditions: 

I.  When  the  vehicle  overtaken  is  making  or  about  to  make  a  left 
turn; 

II.  Upon  a  one-way  city  street  on  which  traffic  is  restricted  to  one 
direction  of  movement,  where  the  roadway  is  free  from  obstructions  and 
of  sufficient  width  for  two  or  more  lines  of  moving  vehicles. 

262-A:19  Limitations  on  Overtaking  on  the  Left.  No  vehicle  shall 
be  driven  to  the  left  side  of  the  center  of  the  roadway  in  overtaking  and 
passing  another  vehicle  proceeding  in  the  same  direction  unless  authorized 
by  the  provisions  of  this  chapter  and  unless  such  left  side  is  clearly  visible 
and  is  free  of  oncoming  traffic  for  a  sufficient  distance  ahead  to  permit 


676  Chapter  330  [1963 

such  overtaking  and  passing  to  be  completely  made  without  interfering 
with  the  operation  of  any  vehicle  approaching  from  the  opposite  direc- 
tion or  any  vehicle  overtaken.  In  every  event  the  overtaking  vehicle  must 
return  to  an  authorized  lane  of  travel  as  soon  as  practicable  and  in  the 
event  the  passing  movement  involves  the  use  of  a  lane  authorized  for 
vehicles  approaching  from  the  opposite  direction,  before  coming  within 
two  hundred  feet  of  any  approaching  vehicle. 

262-A:20  Further  Limitations  on  Driving  to  Left  of  Center  of  Road- 
way. 

A.  No  vehicle  shall  at  any  time  be  driven  to  the  left  side  of  the  road- 
way under  the  following  conditions: 

I.  When  approaching  the  crest  of  a  grade  or  upon  a  curve  in  the 
highway  where  the  driver's  view  is  obstructed  within  such  distance  as  to 
create  a  hazard  in  the  event  another  vehicle  might  approach  from  the 
opposite  direction; 

II.  When  approaching  within  one  hundred  feet  of  or  traversing  any 
intersection  or  railroad  grade  crossing; 

III.  When  the  view  is  obstructed  upon  approaching  within  one 
hundred  feet  of  any  bridge,  viaduct  or  tunnel. 

B.  The  foregoing  limitations  shall  not  apply  upon  a  one-way  road- 
way. 

262-A:21  Highway  Markings.  The  commissioner  of  public  works 
and  highways  and,  subject  to  his  approval,  selectmen  of  any  town  or  board 
of  mayor  and  aldermen  or  group  having  similar  powers  in  any  city,  hav- 
ing control  of  any  highway  may  order  such  marking  of  highway,  by 
painted  lines,  as  is  deemed  necessary  to  the  safe  and  efficient  use  of  any 
such  highway.  In  ordering  or  approving  such  marking  the  commissioner 
of  public  works  and  highways  insofar  as  is  practicable  shall  conform  to 
nationally  accepted  standards  and  any  marking  of  the  highway  by  painted 
lines  shall  prima  facie  be  deemed  to  be  approved  or  ordered  by  the  com- 
missioner of  public  works  and  highways.  When  the  single  center  line 
highway  marking  method  is  used,  no  operator  of  a  motor  vehicle  shall, 
while  proceeding  along  a  highway  drive  any  part  of  such  vehicle  to  the 
left  of  nor  across  an  unbroken  painted  line  marked  on  the  highway  by 
order  of  or  with  the  approval  of  the  said  commissioner,  except  as  herein 
otherwise  provided  and  when  the  barrier  line  highway  marking  system 
is  employed,  no  operator  of  a  motor  vehicle  shall  while  proceeding  along 
a  highway,  drive  any  part  of  such  vehicle  to  the  left  of  nor  across  an  un- 
broken painted  line  marked  on  the  highway  in  such  operator's  lane  by 
order  of  or  with  the  approval  of  said  commissioner  except  (1)  in  an 
emergency,  or  (2)  to  permit  ingress  or  egress  to  side  roads  or  property 
adjacent  to  the  highway,  or  (3)  in  case  such  operator  has  an  unobstructed 
view  and  can  see  the  end  of  the  said  unbroken  painted  line. 


1963]  Chapter  330  677 

262-A:22  One-way  Roadways  and  Roadways  and  Rotary  Traffic 
Islands.  I.  The  Commissioner  of  public  works  and  highways  may  desig- 
nate any  highway  or  any  separate  roadway  under  his  jurisdiction  for  one- 
way traffic  and  shall  erect  appropriate  signs  giving  notice  thereof. 

II.  Upon  a  roadway  designated  and  sign-posted  for  one-way  traffic 
a  vehicle  shall  be  driven  only  in  the  direction  designated. 

III.  A  vehicle  passing  around  a  rotary  traffic  island  shall  be  driven 
only  to  the  right  of  such  island. 

262-A:23  Driving  on  Roadways  Laned  for  Traffic.  Whenever  any 
roadway  has  been  divided  into  two  or  more  lanes  clearly  marked  for 
traffic  the  following  rules  in  addition  to  all  others  consistent  herewith 
shall  apply: 

I.  A  vehicle  shall  be  driven  as  nearly  as  practicable  entirely  within 
a  single  lane  and  shall  not  be  moved  from  such  lane  until  the  driver  has 
first  ascertained  that  such  movement  can  be  made  with  safety. 

II.  Upon  a  roadway  which  is  divided  into  three  lanes  and  provides 
for  two-way  movement  of  traffic,  a  vehicle  shall  not  be  driven  in  the  center 
lane  except  when  overtaking  and  passing  another  vehicle  traveling  in 
the  same  direction  when  such  center  lane  is  clear  of  traffic  within  a  safe 
distance,  or  in  preparation  for  making  a  left  turn  or  where  such  center 
lane  is  at  the  time  allocated  exclusively  to  traffic  moving  in  the  same  di- 
rection that  the  vehicle  is  proceeding  and  such  allocation  is  designated 
by  official  traffic-control  devices. 

III.  Official  traffic-control  devices  may  be  erected  directing  specified 
traffic  to  use  a  designated  lane  or  designating  those  lanes  to  be  used  by 
traffic  moving  in  a  particular  direction  regardless  of  the  center  of  the 
roadway  and  drivers  of  vehicles  shall  obey  the  directions  of  every  such 
sign. 

IV.  Official  traffic-control  devices  may  be  installed  prohibiting  the 
changing  of  lanes  on  sections  of  roadway  and  drivers  of  vehicles  shall  obey 
the  directions  of  every  such  device. 

262-A:24  Following  Too  Closely.  I.  The  driver  of  a  motor  vehicle 
shall  not  follow  another  vehicle  more  closely  than  is  reasonable  and  pru- 
dent, having  due  regard  for  the  speed  of  such  vehicles  and  the  traffic  upon 
and  the  condition  of  the  highway. 

II.  The  driver  of  any  motor  truck  or  vehicle  drawing  another  ve- 
hicle when  traveling  upon  a  roadway  outside  of  a  business  or  residence 
district  and  which  is  following  another  motor  truck  or  motor  vehicle 
drawing  another  vehicle  shall,  whenever  conditions  permit,  leave  suffi- 
cient space  so  that  an  overtaking  vehicle  may  enter  and  occupy  such 
space  without  danger,  except  that  this  shall  not  prevent  a  motor  truck 
or  motor  vehicle  drawing  another  vehicle  from  overtaking  and  passing 
any  like  vehicle  or  other  vehicle. 


678  Chapter  330  [1963 

III.  Motor  vehicles  being  driven  upon  any  road  way  outside  of  a 
business  or  residence  district  in  a  caravan  or  motorcade  whether  or  not 
towing  other  vehicles  shall  be  so  operated  as  to  allow  sufficient  space 
between  each  such  vehicle  or  combination  of  vehicles  so  as  to  enable  any 
other  vehicle  to  enter  and  occupy  such  space  without  danger.  This  provi- 
sion shall  not  apply  to  funeral  processions. 

262-A:25  Driving  on  Divided  Highways.  Whenever  any  highway 
has  been  divided  into  two  or  more  roadways  by  leaving  an  intervening 
space  or  by  a  physical  barrier  or  clearly  indicated  dividing  section  so  con- 
structed as  to  impede  vehicular  traffic,  every  vehicle  shall  be  driven  only 
upon  the  righthand  roadway  unless  directed  or  permitted  to  use  another 
roadway  by  official  traffic-control  devises  or  police  officers.  No  vehicle 
shall  be  driven  over,  across  or  within  any  such  dividing  space,  barrier  or 
section,  except  through  an  opening  in  such  physical  barrier  or  dividing 
section  or  space  or  at  a  cross-over  or  intersection  as  established,  unless 
specifically  prohibited  by  public  authority. 

262-A:26  Restricted  Access.  No  person  shall  drive  a  vehicle  onto  or 
from  any  controlled-access  roadway  except  at  such  entrances  and  exits 
as  are  established  by  public  authority. 

Right  of  Way 

262-A:27    Vehicle  Approaching  or  Entering  Intersection.    I.    The 

driver  of  a  vehicle  approaching  an  intersection  shall  yield  the  right  of 
way  to  a  vehicle  which  has  entered  the  intersection  from  a  different  way. 

II.  When  two  vehicles  enter  an  intersection  from  different  highways 
at  approximately  the  same  time,  the  driver  of  the  vehicle  on  the  left  shall 
yield  the  right  of  way  to  the  vehicle  on  the  right. 

III.  The  right-of-way  rules  declared  in  paragraphs  I  and  II  are  modi- 
fied at  through  highways  and  otherwise  as  hereinafter  stated  in  this 
chapter. 

262-A:28  Vehicle  Turning  Left.  The  driver  of  a  vehicle  intending 
to  turn  to  the  left  within  an  intersection  or  into  an  alley,  private  road,  or 
driveway  shall  yield  the  right  of  way  to  any  vehicle  approaching  from 
the  opposite  direction  which  is  within  the  intersection  or  so  close  thereto 
as  to  constitute  an  immediate  hazard. 

262-A:29  Vehicle  Entering  Stop  or  Yield  Intersection.  I.  Preferen- 
tial right  of  way  at  an  intersection  may  be  indicated  by  stop  signs  or  yield 
signs. 

II.  Except  when  directed  to  proceed  by  a  police  officer  or  traffic 
control  signal,  every  driver  of  a  vehicle  approaching  a  stop  intersection 
indicated  by  a  stop  sign  shall  stop  as  required  by  section  50  (II),  and  after 
having  stopped  shall  yield  the  right  of  way  to  any  vehicle  which  has  en- 
tered the  intersection  from  another  highway  or  which  is  approaching  so 


1963]  Chapter  330  679 

closely  on  said  highway  as  to  constitute  an  immediate  hazard  during  the 
time  wlien  such  driver  is  moving  across  or  within  the  intersection. 

III.  The  driver  of  a  vehicle  approaching  a  yield  sign  shall  in  obedi- 
ence to  such  sign  slow  down  to  a  speed  reasonable  for  the  existing  condi- 
tions and  shall  yield  the  right  of  way  to  any  vehicle  in  the  intersection 
or  approaching  on  another  highway  so  closely  as  to  constitute  an  immedi- 
ate hazard  during  the  time  such  driver  is  moving  across  or  within  the 
intersection.  Provided,  however,  that  if  such  a  driver  is  involved  in  a 
collision  with  a  vehicle  in  the  intersection  after  driving  past  a  yield  sign 
Avithout  stopping,  such  collision  shall  be  deemed  prima  facie  evidence 
of  his  failure  to  yield  right  of  way. 

262-A:30  Vehicle  Entering  Highway  From  Private  Road  or  Drive- 
way. The  driver  of  a  vehicle  about  to  enter  or  cross  a  highway  from  a 
private  road  or  driveway  shall  yield  the  right  of  way  to  all  vehicles  ap- 
proaching on  said  highway. 

262-A:31  Operation  of  Vehicles  on  Approach  of  Authorized  Emer- 
gency Vehicles.  Upon  the  immediate  approach  of  an  authorized  emer- 
gency vehicle  making  use  of  audible  or  visual  signals  or  of  a  police 
vehicle  properly  and  lawfully  making  use  of  an  audible  or  visual  signal, 
the  driver  of  every  other  vehicle  shall  yield  the  right  of  way  and  shall 
immediately  drive  to  a  position  parallel  to,  and  as  close  as  possible  to, 
the  right-hand  edge  or  curb  of  the  roadway  clear  of  any  intersection  and 
shall  stop  and  remain  in  such  position  until  the  authorized  emergency 
vehicle  has  passed,  except  when  otherwise  directed  by  a  police  officer. 
This  section  shall  not  operate  to  relieve  the  driver  of  an  authorized  emer- 
gency vehicle  from  the  duty  to  drive  with  due  regard  for  the  safety  of  all 
persons  using  the  highway. 

Pedestrians'  Rights  and  Duties 

262-A:32  Pedestrians  subject  to  Traffic  Regulations.  Pedestrians 
shall  be  subject  to  traffic-control  signals  at  intersections  as  provided  in 
section  9  unless  required  by  local  ordinance  to  comply  strictly  with  such 
signals,  but  at  all  other  places  pedestrians  shall  be  accorded  the  privileges 
and  shall  be  subject  to  the  restrictions  stated  in  this  chapter. 

262-A:33  Pedestrians'  Right  of  Way  in  Cross  Walks.  I.  When 
traffic-control  signals  are  not  in  place  or  not  in  operation  the  driver  of  a 
vehicle  shall  yield  the  right  of  way,  slowing  down  or  stopping  if  need  be 
to  so  yield,  to  a  pedestrian  crossing  the  roadway  within  a  cross  walk  when 
the  pedestrian  is  upon  the  half  of  the  roadway  upon  which  the  vehicle  is 
traveling,  or  when  the  pedestrian  is  approaching  so  closely  from  the  op- 
posite half  of  the  roadway  as  to  be  in  danger. 

II.  No  pedestrian  shall  suddenly  leave  a  curb  or  other  place  of  safety 
and  walk  or  run  into  the  path  of  a  vehicle  which  is  so  close  that  it  is  im- 
possible for  the  driver  to  yield. 


680  Chapter  330  [1963 

III.  Paragraph  I  shall  not  apply  under  the  conditions  stated  in 
section  34. 

IV.  Whenever  any  vehicle  is  stopped  at  a  marked  cross  walk  or  at 
an  intersection  to  permit  a  pedestrian  to  cross  the  roadway,  the  driver 
of  any  other  vehicle  approaching  from  the  rear  shall  not  overtake  and 
pass  such  stopped  vehicle. 

262-A:34  Crossing  at  Other  Than  Cross  Walks. 

I.  Every  pedestrian  crossing  a  roadway  at  any  point  other  than 
within  a  marked  cross  walk  or  within  an  unmarked  cross  walk  at  an  in- 
tersection shall  yield  the  right  of  way  to  all  vehicles  upon  the  roadway. 

II.  Any  pedestrian  crossing  a  roadway  at  a  point  where  a  pedestrian 
tunnel  or  overhead  pedestrian  crossing  has  been  provided  shall  yield  the 
right  of  way  to  all  vehicles  upon  the  roadway. 

III.  Between  adjacent  intersections  at  which  traffic-control  signals 
are  in  operation  pedestrians  shall  not  cross  at  any  place  except  in  a  marked 
cross  walk. 

IV.  No  pedestrian  shall  cross  a  roadway  intersection  diagonally 
unless  authorized  by  traffic-control  devices;  and,  when  authorized  to  cross 
diagonally,  pedestrians  shall  cross  only  in  accordance  with  the  official 
traffic-control  devices  pertaining  to  such  crossing  movements. 

262-A:35  Drivers  to  Exercise  Due  Care.  Notwithstanding  the  fore- 
going provisions  of  this  chapter  every  driver  of  a  vehicle  shall  exercise 
due  care  to  avoid  colliding  -^vith  any  pedestrian  upon  any  roadway  and 
shall  give  warning  by  sounding  the  horn  when  necessary  and  shall  exer- 
cise proper  precaution  upon  observing  any  child  or  any  obviously  con- 
fused or  incapacitated  person  upon  a  roadway. 

262-A:36  Pedestrians  to  Use  Right  Half  of  Cross  Walks.  Pedestrians 
shall  move,  whenever  practicable  upon  the  right  half  of  cross  walks. 

262-A:37  Pedestrians  on  Roadway.  I.  Where  sidewalks  are  provided 
it  shall  be  unlawful  for  any  pedestrian  to  walk  along  and  upon  an  adja- 
cent roadway. 

II.  Where  sidewalks  are  not  provided  any  pedestrian  walking  along 
and  upon  a  roadway  shall,  when  practicable,  walk  only  on  the  left  side 
of  the  roadway  or  its  shoulder  facing  traffic  which  may  approach  from 
the  opposite  direction. 

262-A:38  Pedestrians  Soliciting  Rides  or  Business.  I.  No  person 
shall  stand  in  a  traveled  portion  of  the  roadway  for  the  purpose  of  solicit- 
ing a  ride,  employment  or  business  from  the  occupant  of  any  vehicle. 

11.  No  person  shall  stand  on  or  in  proximity  to  the  traveled  portion 
of  a  street  or  highway  for  the  purpose  of  soliciting  the  watching  or  guard- 


1963]  Chapter  330  681 

ing  of  any  vehicle  while  parked  or  about  to  be  parked  on  a  street  or 
highway. 

Turning  and  Starting  and  Signals  on 
Stopping  and  Turning. 

262-A:39    Required  Position;  Method  of  Turning  at  Intersections. 

The  driver  of  a  vehicle  intending  to  turn  at  an  intersection  shall  do  so  as 
follows: 

I.  Right  turns.  Both  the  approach  for  a  right  turn  and  a  right  turn 
shall  be  made  as  close  as  practicable  to  the  right-hand  curb  or  edge  of 
the  roadway. 

II.  Left  turns  on  two-way  roadways.  At  any  intersection  where 
traffic  is  permitted  to  move  in  both  directions  on  each  roadway  entering 
the  intersection,  an  approach  for  a  left  turn  shall  be  made  in  that  portion 
of  the  right  half  of  the  roadway  nearest  the  center  line  thereof  and  by 
passing  to  the  right  of  such  center  line  where  it  enters  the  intersection 
and  after  entering  the  intersection  the  left  turn  shall  be  made  so  as  to 
leave  the  intersection  to  the  right  of  the  center  line  of  the  roadway  being 
entered.  Whenever  practicable  the  left  turn  shall  be  made  in  that  portion 
of  the  intersection  to  the  left  of  the  center  of  the  intersection. 

III.  Left  Turns  on  Other  Than  Two-way  Roadways.  At  any  inter- 
section where  traffic  is  restricted  to  one  direction  on  one  or  more  of  the 
roadways,  the  driver  of  a  vehicle  intending  to  turn  left  at  any  such  inter- 
section shall  approach  the  intersection  in  the  extreme  lefthand  lane 
lawfully  available  to  traffic  moving  in  the  direction  of  travel  of  such 
vehicle  and  after  entering  the  intersection  the  left  turn  shall  be  made 
so  as  to  leave  the  intersection,  as  nearly  as  practicable,  in  the  left-hand 
lane  lawfully  available  to  traffic  moving  in  such  direction  upon  the  road- 
way being  entered. 

IV.  Local  authorities  in  their  respective  jurisdictions  may  cause 
markers,  buttons  or  signs  to  be  placed  within  or  adjacent  to  intersections 
and  thereby  require  and  direct  that  a  different  course  from  that  specified 
in  this  section  be  traveled  by  vehicles  turning  at  an  intersection,  and 
when  markers,  buttons  or  signs  are  so  placed  no  driver  of  a  vehicle  shall 
turn  a  vehicle  at  an  intersection  other  than  as  directed  and  required  by 
such  markers,  buttons  or  signs. 

262-A:40    Turning  on   Curve  or  Crest  of  Grade  Prohibited.    No 

vehicle  shall  be  turned  so  as  to  proceed  in  the  opposite  direction  upon 
any  curve,  or  upon  the  approach  to  or  near  the  crest  of  a  grade,  where 
such  vehicle  cannot  be  seen  by  the  driver  of  any  other  vehicle  approaching 
from  either  direction  within  five  hundred  feet. 

262-A:41  Starting  Parked  Vehicle.  No  person  shall  start  a  vehicle 
which  is  stopped,  standing  or  parked  unless  and  until  such  movement 
can  be  made  with  reasonable  safety. 


682  Chapter  330  [1963 

262-A:42  Turning  Movements  and  Required  Signals.  I.  No  person 
shall  turn  a  vehicle  at  an  intersection  unless  the  vehicle  is  in  proper  posi- 
tion upon  the  roadway  as  required  in  section  39,  or  turn  a  vehicle  to 
enter  a  private  road  or  driveway,  or  otherwise  turn  a  vehicle  from  a  direct 
course  or  move  right  or  left  upon  a  roadway  unless  and  until  such  move- 
ment can  be  made  with  reasonable  safety.  No  person  shall  so  turn  any 
vehicle  without  giving  an  appropriate  signal  in  the  manner  hereinafter 
provided. 

II.  A  signal  of  intention  to  turn  right  or  left  when  required  shall 
be  given  continuously  during  not  less  than  the  last  hundred  feet  traveled 
by  the  vehicle  before  turning. 

III.  No  person  shall  stop  or  suddenly  decrease  the  speed  of  a  vehicle 
without  first  giving  an  appropriate  signal  in  the  manner  provided  herein 
to  the  driver  of  any  vehicle  immediately  to  the  rear  when  there  is  oppor- 
tunity to  give  such  signal. 

IV.  The  signals  provided  for  in  section  43  (II),  shall  be  used  to  in- 
dicate an  intention  to  turn,  change  lanes,  or  start  from  a  parked  position 
and  shall  not  be  flashed  on  one  side  only  on  a  parked  or  disabled  vehicle, 
or  flashed  as  a  courtesy  or  "do  pass"  signal  to  operators  of  other  vehicles 
approaching  from  the  rear. 

262-A:43  Signals  by  Hand  or  Arm  or  Signal  Lamps.  I.  Any  stop  or 
turn  signal  when  required  herein  shall  be  given  either  by  means  of  the 
hand  and  arm  or  by  lighted  signal  lamps,  except  as  otherwise  provided 
in  paragraph  II. 

II.  Any  motor  vehicle  in  use  on  a  highway  shall  be  equipped  with, 
and  required  signal  shall  be  given  by,  lighted  signal  lamps  when  the  dis- 
tance from  the  center  of  the  top  of  the  steering  post  to  the  left  outside 
limit  of  the  body,  cab  or  load  of  such  motor  vehicle  exceeds  twenty-four 
inches,  or  when  the  distance  from  the  center  of  the  top  of  the  steering 
post  to  the  rear  limit  of  the  body  or  load  thereof  exceeds  fourteen  feet. 
The  latter  measurement  shall  apply  to  any  single  vehicle,  also  to  any 
combination  of  vehicles. 

262-A:44  Method  of  Giving  Hand-and  Arm  Signals.  All  signals 
herein  required  given  by  hand  and  arm  shall  be  given  from  the  left  side 
of  the  vehicle  in  the  following  manner  and  such  signals  shall  indicate  as 
follows: 

I.  Left  turn  —  Hand  and  arm  extended  horizontally. 

II.  Right  turn  —  Hand  and  arm  extended  upward. 

III.  Stop  or  decrease  speed  —  Hand  and  arm  extended  downward. 

Special  Stops  Required 

262-A:45    Obedience  to  Signal  Indicating  Approach  of  Train.    A. 

Whenever  any  person  driving  a  vehicle  approaches  a  railroad  grade  cross- 


1963]  Chapter  330  683 

ing  under  any  of  the  circumstances  stated  in  this  section,  the  driver  of 
such  vehicle  shall  stop  within  fifty  feet  but  not  less  than  fifteen  feet  from 
the  nearest  rail  of  such  railroad,  and  shall  not  proceed  until  he  can  do  so 
safely.  The  foregoing  requirements  shall  apply  when: 

I.  A  clearly  visible  electric  or  mechanical  signal  device  gives  warn- 
ing of  the  immediate  approach  of  a  railroad  train; 

II.  A  crossing  gate  is  lowered  or  when  a  flagman  gives  or  continues 
to  give  a  signal  of  the  approach  or  passage  of  a  railroad  train: 

III.  A  railroad  train  approaching  within  approximately  fifteen  hun- 
dred feet  of  the  highway  crossing  emits  a  signal  audible  from  such  dis- 
tance and  such  railroad  train,  by  reason  of  its  speed  or  nearness  to  such 
crossing,  is  an  immediate  hazard; 

IV.  An  approaching  railroad  train  is  plainly  visible  and  is  in  hazard- 
ous proximity  to  such  crossing. 

B.  No  person  shall  drive  any  vehicle  through,  around  or  under  any 
crossing  gate  or  barrier  at  a  railroad  crossing  while  such  gate  or  barrier  is 
closed  or  is  being  opened  or  closed. 

262-A:46  All  Vehicles  Must  Stop  at  Certain  Railroad  Grade  Cross- 
ings. The  public  utilities  commission  is  hereby  authorized  to  designate 
particularly  dangerous  highway  grade  crossings  of  railroads  and  to  order 
stop  signs  erected  thereat.  It  shall  be  the  duty  of  the  commissioner  of 
public  works  and  highways  when  ordered  by  said  commission  to  erect 
such  stop  signs  at  such  designated  crossings  where  said  highways  are 
under  his  jurisdiction.  Local  communities  shall  when  ordered  by  the 
public  utilities  commission  erect  such  stop  signs  on  highways  within 
their  jurisdiction.  When  such  stop  signs  are  erected  the  driver  of  any 
vehicle  shall  stop  within  fifty  feet  but  not  less  than  fifteen  feet  from  the 
nearest  rail  of  such  railroad  and  shall  proceed  only  upon  exercising  due 
care, 

262-A:47  Certain  Vehicles  Must  Stop  at  all  Railroad  Grade  Cross- 
ings. I.  The  driver  of  any  vehicle  carrying  passengers  for  hire,  or  of  any 
school  bus  carrying  any  school  child,  or  of  any  vehicle  carrying  explosive 
substances,  before  crossing  at  grade  any  track  or  tracks  of  a  railroad,  shall 
stop  such  vehicle  within  fifty  feet  but  not  less  than  fifteen  feet  from  the 
nearest  rail  of  such  railroad  and  while  so  stopped  shall  listen  and  look  in 
both  directions  along  such  track  for  any  approaching  train,  and  for  sig- 
nals indicating  the  approach  of  a  train,  except  as  hereinafter  provided, 
and  shall  not  proceed  until  he  can  do  so  safely.  After  stopping  as  required 
herein  and  upon  proceeding  when  it  is  safe  to  do  so  the  driver  of  any  said 
vehicle  shall  cross  only  in  such  gear  of  the  vehicle  that  there  will  be  no 
necessity  for  changing  gears  while  traversing  such  crossing  and  the  driver 
shall  not  shift  gears  while  crossing  the  track  or  tracks. 

II.  No  stop  need  be  made  at  any  such  crossing  where  a  police  officer 
or  a  traffic-control  signal  directs  traffic  to  proceed  or  by  motor  vehicles 


684  Chapter  330  [1963 

engaged  in  the  common  and  contract  carriage  of  passengers  for  hire  when 
exempt  by  order  of  the  public  utilities  commission. 

III.  Every  vehicle  used  for  the  transportation  of  inflammable  liquids 
in  cargo  tanks,  whether  loaded  or  empty,  or  for  the  transportation  of 
cylinders  of  liquefied  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  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  a  railroad  grade  cross- 
ing where  a  police  officer  or  a  traffic  control  signal  (not  a  railroad  flashing 
signal)  directs  traffic  to  proceed;  nor  at  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 
section,  shall  not  be  deemed  to  include  the  following:  (a)  portable  jugs  of 
the  nature  used  by  tradesmen  such  as  steamfitters,  painters,  plumbers, 
etc.,  or  (b)  bottled  gas  cylinders  when  attached  to  house  trailers  in  transit. 

262-A:48    Moving  Heavy  Equipment  at  Railroad  Grade  Crossing. 

I.  No  person  shall  operate  or  move  any  crawler-type  tractor,  steam  shovel, 
derrick,  roller,  or  any  equipment  or  structure  having  a  normal  operating 
speed  of  ten  or  less  miles  per  hour  or  a  vertical  body  or  load  clearance  of 
less  than  one-half  inch  per  foot  of  the  distance  between  any  two  adjacent 
axles  or  in  any  event  of  less  than  nine  inches,  measured  above  the  level 
surface  of  a  roadway,  upon  or  across  any  tracks  at  a  railroad  grade  cross- 
ing without  first  complying  with  this  section. 

II.  Notice  of  any  such  intended  crossing  shall  be  given  to  a  station 
agent  of  such  railroad  and  a  reasonable  time  be  given  to  such  railroad 
to  provide  proper  protection  at  such  crossing. 

III.  Before  making  any  such  crossing  the  person  operating  or  mov- 
ing any  such  vehicle  or  equipment  shall  first  stop  the  same  not  less  than 
fifteen  feet  nor  more  than  fifty  feet  from  the  nearest  rail  of  such  railroad 
and  while  so  stopped  shall  listen  and  look  in  both  directions  along  such 
track  for  any  approaching  train  and  for  signals  indicating  the  approach 
of  a  train,  and  shall  not  proceed  until  the  crossing  can  be  made  safely. 

IV.  No  such  crossing  shall  be  made  when  warning  is  given  by  auto- 
matic signal  or  crossing  gates  or  a  flagman  or  otherwise  of  the  immediate 
approach  of  a  railroad  train  or  car.  If  a  flagman  is  provided  by  the  rail- 
road, movement  over  the  crossing  shall  be  under  his  direction. 

262-A:49  Penalty.  Any  person  convicted  of  a  violation  of  any  provi- 
sion of  sections  47  and  48  of  this  chapter  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  director  of  motor  vehicles  may  revoke  his  li- 


1963]  Chapter  330  685 

cense  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. 

262-A:50  Stop  signs;  Yield  signs.  I.  Preferential  right  of  way  at  an 
intersection  may  be  indicated  by  stop  signs  or  yield  signs. 

II.  Except  when  directed  to  proceed  by  a  police  officer  or  traffic 
control  signal,  every  driver  of  a  vehicle  approaching  a  stop  intersection 
indicated  by  a  stop  sign  shall  stop  before  entering  the  cross  walk  on  the 
near  side  of  the  intersection  or,  in  the  event  there  is  no  cross  walk,  shall 
stop  at  a  clearly  marked  stop  line,  but  if  none,  then  at  a  point  nearest 
the  intersecting  roadway  where  the  driver  has  a  view  of  approaching 
traffic  on  the  intersecting  roadway  before  entering  the  intersection. 

III.  The  driver  of  a  vehicle  approaching  a  yield  sign  if  required  for 
safety  to  stop  shall  stop  before  entering  the  cross  walk  on  the  near  side 
of  the  intersection,  or,  in  the  event  there  is  no  cross  walk,  at  a  clearly 
marked  stop  line,  but  if  none,  then  at  the  point  nearest  the  intersecting 
roadway  where  the  driver  has  a  view  of  approaching  traffic  on  the  inter- 
secting roadway. 

262-A:51  Emerging  from  Alley,  Driveway  or  Building.  The  driver 
of  a  vehicle  within  a  business  or  residence  district  emerging  from  an 
alley,  driveway  or  building  shall  stop  such  vehicle  immediately  prior  to 
driving  onto  a  sidewalk  or  onto  the  sidewalk  area  extending  across  any 
alleyway  or  driveway,  and  shall  yield  the  right  of  way  to  any  pedestrian 
as  may  be  necessary  to  avoid  collision,  and  upon  entering  the  roadway 
shall  yield  the  right  of  way  to  all  vehicles  approaching  on  said  roadway. 

262-A:52  Overtaking  and  Passing  School  Bus.  The  driver  of  a  motor 
vehicle  upon  a  highway  upon  meeting  or  overtaking  from  either  direction 
any  school  bus,  plainly  marked  with  school  bus  signs,  or  such  other  dis- 
tinguishing identification  as  the  director  of  motor  vehicles  may  require, 
which  has  stopped  on  the  highway  for  the  purpose  of  receiving  or  dis- 
charging school  children  shall  stop  his  vehicle  before  reaching  such  school 
bus  at  least  twenty-five  feet  away  from  such  school  bus.  The  driver  shall 
not  proceed  until  such  school  bus  resumes  motion,  or  until  flashing  red 
lights  cease  to  operate. 

262-A:53  School  Bus  Signs.  No  school  bus  used  for  the  purpose  of 
transporting  school  children  shall  be  operated  upon  the  highways  of  the 
state  unless  it  carries  the  designation  "School  Bus"  in  a  conspicuous  place 
showing  to  the  front  and  rear  thereof  in  lettering  not  less  than  eight 
inches  in  height,  and  has  such  other  distinguishing  marks  as  the  director 
of  motor  vehicles  may  prescribe.  When  a  school  bus  is  being  operated 
upon  a  highway  for  purposes  other  than  the  transportation  of  school 
children,  all  designating  marks  thereon  indicating  school  bus  shall  be 
covered  or  concealed. 


686  Chapter  330  [1963 

Speed  Restrictions 
262-A:54  Basic  Rule  and  Maximum  Limits. 

I.  No  person  shall  drive  a  vehicle  on  a  highway  at  a  speed  greater 
than  is  reasonable  and  prudent  under  the  conditions  and  having  regard 
to  the  actual  and  potential  hazards  then  existing.  In  every  event  speed 
shall  be  so  controlled  as  may  be  necessary  to  avoid  colliding  with  any  per- 
son, vehicle,  or  other  conveyance  on  or  entering  the  highway  in  com- 
pliance with  legal  requirements  and  the  duty  of  all  persons  to  use  due 
care. 

II.  Where  no  hazard  exists  that  requires  lower  speed  for  compliance 
with  paragraph  I  of  this  section,  the  speed  of  any  motor  vehicle  not  in 
excess  of  the  limits  specified  in  this  section  or  established  as  hereinafter 
authorized  shall  be  prima  facie  lawful,  but  any  speed  in  excess  of  the 
limits  specified  in  this  section  or  established  as  hereinafter  authorized 
shall  be  prima  facie  evidence  that  the  speed  is  not  reasonable  or  prudent 
and  that  it  is  unlawful. 

(a)  Twenty  miles  per  hour  when  passing  a  school  during  recess  or 
while  children  are  going  to  or  leaving  school  during  opening  or  closing 
hours; 

(b)  Twenty-five  miles  per  hour  in  any  business  or  urban  residence 
district; 

(c)  Thirty-five  miles  per  hour  in  any  rural  residence  district,  and 
on  any  class  V  highway  outside  the  compact  part; 

(d)  Fifty  miles  per  hour  in  other  locations. 

The  prima  facie  speed  limits  set  forth  in  subparagraph  (d)  hereof  may 
be  altered  by  the  commissioner  of  public  works  and  highways  by  the 
establishment  of  speed  zones  under  the  provisions  of  section  56. 

III.  The  driver  of  every  vehicle  shall,  consistent  with  requirements 
of  paragraph  I,  drive  at  an  appropriate  reduced  speed  when  approaching 
and  crossing  an  intersection  or  railway  grade  crossing,  when  approaching 
and  going  around  a  curve,  when  approaching  a  hillcrest,  when  traveling 
upon  any  narrow  or  winding  roadway,  and  when  special  hazard  exists 
with  respect  to  pedestrians  or  other  traffic  or  by  reason  of  weather  or 
highway  conditions. 

262-A:55  Speed  Exception.  The  speed  limitations  set  forth  in  sec- 
tion 54  shall  not  apply  to  vehicles  when  operated  with  due  regard  for 
safety  under  the  direction  of  the  law  enforcement  officers  in  the  chase  or 
apprehension  of  violators  of  the  law  or  of  persons  charged  with  or  sus- 
pected of  any  such  violation,  nor  to  fire  department  or  fire  patrol  vehicles 
when  traveling  in  response  to  a  fire  alarm,  nor  to  public  or  private 
ambulances  or  other  emergency  vehicles  when  traveling  in  emergencies. 
This  exemption  shall  not  however  protect  the  driver  of  any  such  vehicle 
from  the  consequences  of  a  reckless  disregard  of  the  safety  of  others. 


1963]  Chapter  330  687 

262-A:56  Establishment  of  State  Speed  Zones.  Whenever  the  com- 
missioner of  public  works  and  highways  shall  determine  upon  the  basis 
of  an  engineering  and  traffic  investigation  that  any  prima  facie  speed 
limit  hereinbefore  set  forth  is  greater  or  less  than  is  reasonable  or  safe 
under  the  conditions  found  to  exist  at  any  intersection  or  other  place  or 
upon  any  part  of  the  state  highway  system,  outside  the  compact  part  of 
cities  or  towns,  said  commissioner  may  determine  and  declare  a  reason- 
able and  safe  prima  facie  speed  limit  thereat  which  shall  be  effective  when 
appropriate  signs  giving  notice  thereof  are  erected.  Such  a  prima  facie 
speed  limit  may  be  declared  to  be  effective  at  all  times  or  at  such  times 
as  are  indicated  upon  the  said  signs.  The  commissioner  shall  keep  and 
maintain  a  full  and  complete  record  of  all  speed  zones  established  by 
him  and  all  alterations,  amendments  or  removal  thereof. 

262-A:57  Minimum  Speed  Regulation. 

I.  No  person  shall  drive  a  vehicle  at  such  a  slow  speed  as  to  impede 
the  normal  and  reasonable  movement  of  traffic  except  when  reduced  speed 
is  necessary  for  safe  operation  or  in  compliance  with  law. 

II.  Whenever  the  commissioner  of  public  works  and  highways  de- 
termines on  the  basis  of  engineering  and  traffic  investigation  that  slow 
speeds  on  any  part  of  a  highway  consistently  impede  the  normal  and 
reasonable  movement  of  traffic  the  commissioner  may  determine  and 
declare  a  minimum  prima  facie  speed  limit. 

262-A:58  Special  Speed  Limitation  on  Motordriven  Cycles.  No  per- 
son shall  operate  any  motordriven  cycle  in  the  night  time  at  a  speed 
greater  than  thirty-five  miles  per  hour  unless  such  motordriven  cycle  is 
equipped  with  a  lighted  head  lamp  or  lamps  which  are  adequate  to  reveal 
a  person  or  vehicle  at  a  distance  of  three  hundred  feet  ahead. 

262-A:59  Special  Speed  Limitations. 

I.  No  person  shall  drive  a  vehicle  which  is  towing  a  house  trailer 
at  a  speed  greater  than  a  maximum  of  forty-five  miles  per  hour. 

II.  No  person  shall  drive  any  vehicle  equipped  with  solid  rubber  or 
cushion  tires  at  a  speed  greater  than  a  maximum  of  ten  miles  per  hour. 

III.  No  person  shall  drive  a  vehicle  over  any  bridge  or  other  ele- 
vated structure  constituting  a  part  of  a  highway  at  a  speed  which  is  greater 
than  the  maximum  speed  which  can  be  maintained  with  safety  to  such 
bridge  or  structure,  when  such  structure  is  signposted  as  provided  in  this 
section. 

IV.  The  commissioner  of  public  works  and  highways  upon  request 
from  any  local  authority  shall,  or  upon  his  own  initiative  may,  conduct  an 
investigation  of  any  bridge  or  other  elevated  structure  constituting  a  part 
of  a  highway,  and  if  he  shall  thereupon  find  that  such  structure  cannot 
with  safety  to  itself  withstand  vehicles  traveling  at  the  speed  otherwise 
permissible  under  this  chapter,  the  said  commissioner  shall  determine 


688  Chapter  330  [1963 

and  declare  the  maximum  speed  of  vehicles  which  such  structure  can 
safely  withstand,  and  shall  cause  or  permit  suitable  signs  stating  such 
maximum  speed  to  be  erected  and  maintained  at  a  distance  of  one  hun- 
dred feet  before  each  end  of  such  structure. 

V.  Upon  the  trial  of  any  person  charged  with  a  violation  of  this 
section,  proof  of  said  determination  of  the  maximum  speed  by  said  com- 
missioner and  the  existence  of  said  signs  shall  constitute  conclusive  evi- 
dence of  the  maximum  speed  which  can  be  maintained  with  safety  to 
such  bridge  or  structure. 

262-A:60    Charging  Violations  and  Rule  in  Civil  Actions.    I.    In 

every  charge  of  violation  of  any  speed  regulation  in  this  chapter  the  com- 
plaint, also  the  summons  or  notice  to  appear,  shall  specify  the  speed  at 
which  the  defendant  is  alleged  to  have  driven,  also  the  prima  facie  speed 
applicable  within  the  district  or  at  the  location. 

II.  The  provision  of  this  chapter  declaring  prima  facie  speed  lim- 
itations shall  not  be  construed  to  relieve  the  plaintiff  in  any  action  from 
the  burden  of  proving  negligence  on  the  part  of  the  defendant  as  the 
proximate  cause  of  an  accident. 

Reckless  Driving;  Driving  While 
Intoxicated;  Conduct  After  Accident. 

262-A:6I  Reckless  Operation.  Whoever  upon  any  way  operates  a 
vehicle  recklessly,  or  so  that  the  lives  or  safety  of  the  public  shall  be  en- 
dangered, or  upon  a  bet,  wager  or  race,  or  who  operates  a  vehicle  for  the 
purpose  of  making  a  record,  and  thereby  violates  any  of  the  provisions 
of  this  title  or  any  special  regulations  made  by  the  director,  shall  be  fined 
not  more  than  one  hundred  dollars,  or  imprisoned  not  more  than  six 
months,  or  both;  and  for  a  second  offense  he  shall  be  imprisoned  not  less 
than  one  month  nor  more  than  one  year.  If  the  death  of  any  person  results 
from  reckless  operation  of  a  motor  vehicle  the  person  convicted  of  such 
reckless  operation  shall,  in  lieu  of  any  other  penalty  imposed  by  this  sec- 
tion, be  fined  not  more  than  one  thousand  dollars,  or  imprisoned  not 
more  than  five  years,  or  both,  provided  that  the  provisions  of  this  section 
shall  not  be  construed  to  limit  or  restrict  prosecution  for  manslaughter. 

262-A:62  Intoxication.  Any  person  who  shall  be  convicted  of  oper- 
ating, or  attempting  to  operate  a  motor  vehicle  upon  any  way  while 
under  the  influence  of  intoxicating  liquor,  or  any  narcotic  or  habit-pro- 
ducing drug,  shall  be  imprisoned  for  not  more  than  six  months  or  shall 
be  fined  not  more  than  five  hundred  dollars,  or  both;  his  license  shall  be 
revoked  for  a  period  of  sixty  days  and  at  the  discretion  of  the  court  for  a 
period  not  to  exceed  two  years.  Upon  a  second  conviction  he  may  be  im- 
prisoned for  not  less  than  one  month  nor  more  than  six  months,  and 
fined  not  less  than  one  hundred  nor  more  than  five  hundred  dollars;  his 
license  shall  be  revoked  and  he  shall  be  ineligible  for  a  license  for  the 


1963]  Chapter  330  689 

next  three  calendar  years,  provided,  however,  that  any  prior  conviction, 
upon  which  a  second  offense  complaint  is  founded,  must  have  occurred 
within  seven  years  preceding  the  date  of  said  second  offense. 

262-A:63  Evidence.  Upon  complaint,  information,  indictment  or 
trial  of  any  person  charged  with  the  violation  of  section  62,  the  court 
may  admit  evidence  of  the  amount  of  alcohol  in  the  defendant's  blood  at 
the  time  alleged,  as  shown  by  a  chemical  analysis  of  his  breath,  urine,  or 
other  bodily  substance.  Evidence  that  there  was,  at  the  time  alleged,  five- 
hundredths  percent,  or  less,  by  weight  of  alcohol  in  his  blood  is  prima 
facie  evidence  that  the  defendant  was  not  under  the  influence  of  intox- 
icating liquor.  Evidence  that  there  was,  at  the  time  alleged,  from  five- 
hundredths  percent  to  fifteen-hundredths  percent  by  weight  of  alcohol 
in  his  blood  is  relevant  evidence  but  is  not  to  be  given  prima  facie  effect 
in  indicating  whether  or  not  the  defendant  was  under  the  influence  of 
intoxicating  liquor,  but  such  fact  may  be  considered  with  other  com- 
petent evidence  in  determining  the  guilt  or  innocence  of  the  defendant. 
Evidence  that  there  was,  at  the  time  alleged,  fifteen-hundredths  percent, 
or  more  by  weight  of  alcohol  in  his  blood,  is  prima  facie  evidence  that 
the  defendant  was  under  the  influence  of  intoxicating  liquor.  The  fore- 
going provisions  of  this  section  shall  not  be  construed  as  limiting  the 
introduction  of  any  other  competent  evidence  bearing  upon  the  question 
whether  or  not  the  defendant  was  under  the  influence  of  intoxicating 
liquor. 

262-A:64  Revocation  of  License.  Upon  a  conviction  of  a  violation 
of  section  61  or  section  62,  the  court  shall  report  to  the  director  and  shall 
immediately  revoke  the  license  of  the  person  so  convicted,  or  the  right 
of  a  nonresident  so  convicted  to  operate  within  the  state  of  New  Hamp- 
shire, and  said  court  in  the  case  of  holders  of  New  Hampshire  licenses 
shall  return  such  license  with  his  findings  marked  thereon,  together  with 
the  court  return,  to  the  director;  and  the  director  may  revoke  the  license 
of  any  person  who  shall  be  convicted  of  a  similar  offense  by  a  court  of 
any  other  state. 

262-A:65  Suspension  of  License.  Whenever  any  person  convicted  of 
a  violation  of  section  61  or  62  appeals,  the  municipal  court  or  justice  shall 
forthwith  suspend  the  license  of  such  person,  and  in  case  of  holders  of 
New  Hampshire  licenses  shall  return  such  licenses,  together  with  the 
court  return  to  the  director,  who  shall  not  reissue  said  license  until  such 
person  is  acquitted.  If  the  person  so  appealing  is  convicted  the  period  of 
suspension  shall  be  computed  from  the  date  of  the  initial  conviction. 

262-A:66  New  License.  No  new  license  or  certificate  shall  be  issued 
by  the  director  to  any  person  so  convicted  until  after  sixty  days  from  the 
date  of  final  conviction. 

262-A:67  Conduct  After  Accident.  Any  person  who  is  the  operator 
of  a  motor  vehicle  who  is  knowingly  involved  in  any  accident  which  re- 


690  Chapter  330  [1963 

suits  in  death,  personal  injury  or  damages  to  property,  shall  forthwith 
bring  his  vehicle  to  a  stop,  return  to  the  scene  of  the  accident,  give  to 
the  operator  of  any  other  vehicle  involved  in  said  accident,  and  to  the 
person  injured,  or  the  owner  of  the  property  damaged,  his  name  and  ad- 
dress, the  number  of  the  drivers  license,  the  registration  number  of  the 
motor  vehicle  and  the  name  and  address  of  each  occupant  thereof.  If  by 
reason  of  injury,  absence  or  removal  from  the  place  of  the  accident,  or 
other  cause,  such  injured  person,  or  operator  of  such  other  motor  vehicle, 
or  owner  of  the  property  damaged,  or  any  of  them,  is  unable  to  under- 
stand or  receive  the  information  required  hereunder,  such  information 
shall  be  given  to  any  uniformed  police  officer  arriving  at  the  scene  of 
the  accident  or  immediately  to  a  policeman  at  the  nearest  police  station. 
Any  person  operating  a  motor  vehicle  which  is  in  any  manner  involved 
in  an  accident  in  which  any  person  is  injured  or  killed,  or  resulting  in 
damage  to  property  in  excess  of  fifty  dollars,  shall  within  forty-eight  hours 
after  such  accident  report  in  writing  to  the  director  of  the  division  of 
motor  vehicles  the  facts  required  hereunder  together  with  a  statement 
of  the  circumstances  of  the  accident;  provided,  however,  that  voluntary 
intoxication  shall  not  constitute  a  defense  in  the  matter  of  knowledge 
under  the  provisions  of  this  section.  Such  report,  the  form  of  which  shall 
be  prescribed  by  the  said  director,  shall  contain  information  to  enable 
the  said  director  to  determine  whether  the  requirements  for  the  deposit 
of  security  under  section  5  of  chapter  268  RSA,  are  inapplicable  by  reason 
of  the  existence  of  insurance  or  other  exceptions  specified  in  that  chapter. 
If  such  operator  be  physically  or  mentally  incapable  of  making  such  re- 
port, the  owner  of  the  motor  vehicle  involved  in  such  accident  or  his 
representative  shall,  after  learning  of  the  accident,  forthwith  make  such 
report.  The  operator  or  the  owner  shall  furnish  such  additional  relevant 
information  as  said  director  shall  require.  The  provisions  of  this  section 
shall  be  of  general  application  and  shall  not  be  restricted  to  a  public  way 
as  defined  in  RSA  259. 

262-A:68  Applicability  of  Requirement.  Any  person  who  became 
subject  to  the  laws  of  this  state  as  they  existed  prior  to  May  1,  1951,  having 
to  do  with  financial  responsibility  for  the  ownership  or  operation  of  motor 
vehicles,  shall  continue  to  be  subject  to  such  laws,  except  that  if  it  shall 
appear  to  the  satisfaction  of  the  said  director  of  the  division  of  motor 
vehicles  either  from  his  own  records  or  from  extraneous  information 
which  shall  be  supplied  to  him  in  such  form  as  he  may  require,  that  a 
person,  who  had  become  subject  to  the  operation  of  such  laws  solely  as 
a  result  of  involvement  in  any  accident,  had  in  effect  at  the  time  of  such 
accident  a  policy  of  insurance  or  other  prescribed  form  of  proof  of  finan- 
cial responsibility  for  such  accident,  then  and  in  that  event  such  person 
may  be  relieved  from  the  liability  of  furnishing  past  and  future  proof  of 
responsibility  for  such  accident. 

262-A:69  Penalty.  Whoever  fails  to  comply  with  the  foregoing  re- 
quirements relating  to  injury  to  property,  or  relating  to  the  report  to 


1963] 


Chapter  330  691 


be  made  to  the  director,  shall  be  fined  not  more  than  five  hundred  dollars. 
Whoever  fails  to  comply  with  the  foregoing  requirements  when  death  or 
personal  injury  results,  or  whoever  gives  information  required  knowing 
or  having  reason  to  believe  that  such  information  is  false,  or  fails  to  com- 
ply with  any  of  the  other  requirements  thereof  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  not  more  than  three  years,  or 
both. 

Stopping,  Standing  and  Parking 
262-A:70    Stopping,  Standing  or  Parking  Outside  Business  or  Resi- 
dence Districts. 

I.  Upon  any  highway  outside  of  a  business  or  residence  district 
no  person  shall  stop,  park  or  leave  standing  any  vehicle,  whether  attended 
or  unattended,  upon  the  paved  or  main-traveled  part  of  the  highway 
when  it  is  practicable  to  stop,  park  or  so  leave  such  vehicle  off  such  part 
of  said  highway,  but  in  every  event  an  unobstructed  width  of  the  highway 
opposite  a  standing  vehicle  shall  be  left  for  the  free  passage  of  other 
vehicles  and  a  clear  view  of  such  stopped  vehicles  shall  be  available  from 
a  distance  of  two  hundred  feet  in  each  direction  upon  such  highway. 

II.  This  section  shall  not  apply  to  the  driver  of  any  vehicle  which 
is  disabled  while  on  the  paved  or  main-traveled  portion  of  a  highway  in 
such  manner  and  to  such  extent  that  it  is  impossible  to  avoid  stopping 
and  temporarily  leaving  such  disabled  vehicle  in  such  position. 

262-A:71  Stopping,  Standing  or  Parking  Prohibited  in  Specified 
Places.  Except  when  necessary  to  avoid  conflict  with  other  traffic,  or  in 
compliance  with  law  or  the  directions  of  a  police  officer  or  official  traffic- 
control  device,  no  person  shall: 

A.    Stop,  stand  or  park  a  vehicle: 

I.  On  the  roadway  side  of  any  vehicle  stopped  or  parked  at  the  edge 
or  curb  of  a  street; 

II.  On  a  sidewalk; 

III.  Within  an  intersection; 

IV.  On  a  cross  walk; 

V.  Between  a  safety  zone  and  the  adjacent  curb  or  within  thirty 
feet  of  points  on  the  curb  immediately  opposite  the  ends  of  a  safety  zone; 

VI.  Alongside  or  opposite  any  street  excavation  or  obstruction  when 
stopping,  standing  or  parking  would  obstruct  traffic; 

VII.  Upon  any  bridge  or  other  elevated  structure  upon  a  highway 
or  within  a  highway  tunnel; 

VIII.  On  any  railroad  tracks; 

IX.  At  any  place  where  official  signs  prohibit  stopping; 


692  Chapter  330  [1963 

B.  Stand  or  park  a  vehicle,  whether  occupied  or  not,  except  mo- 
mentarily to  pick  up  or  discharge  a  passenger  or  passengers: 

I.  In  front  of  a  public  or  private  driveway; 

II.  Within  fifteen  feet  of  a  fire  hydrant; 

III.  Within  twenty  feet  of  a  cross  walk  at  an  intersection; 

IV.  Within  thirty  feet  upon  the  approach  to  any  flashing  signal, 
stop  sign,  or  traffic-control  signal  located  at  the  side  of  a  roadway; 

V.  Within  twenty  feet  of  the  driveway  entrance  to  any  fire  station 
and  on  the  side  of  a  street  opposite  the  entrance  to  any  fire  station  within 
seventy-five  feet  of  said  entrance  when  properly  signposted; 

VI.  At  any  place  where  official  signs  prohibit  standing. 

C.  Park  a  vehicle,  whether  occupied  or  not,  except  temporarily  for 
the  purpose  of  and  while  actually  engaged  in  loading  or  unloading  mer- 
chandise or  passengers: 

I.  Within  fifty  feet  of  the  nearest  rail  of  a  railroad  crossing; 

II.  At  any  place  where  official  signs  prohibit  parking. 

(a)  No  person  shall  move  a  vehicle  not  lawfully  under  his  control 
into  any  such  prohibited  area  or  away  from  a  curb  such  a  distance  as  is 
unlawful. 

262-A:72  Additional  Parking  Regulations. 

I.  Except  as  otherwise  provided  in  this  section  every  vehicle  stopped 
or  parked  upon  a  roadway  where  there  are  adjacent  curbs  shall  be  so 
stopped  or  parked  with  the  righthand  wheels  of  such  vehicle  parallel  to 
the  right-hand  curb. 

II.  Except  when  otherwise  provided  by  local  ordinance,  every  ve- 
hicle stopped  or  parked  upon  a  one-way  roadway  shall  be  so  stopped  or 
parked  parallel  to  the  curb  or  edge  of  the  roadway,  in  the  direction  of 
authorized  traffic  movement  with  its  right-hand  wheels  within  twelve 
inches  of  the  right-hand  curb  or  edge  of  the  roadway,  or  its  left-hand 
wheels  within  twelve  inches  of  the  left-hand  curb  or  edge  of  the  roadway. 

III.  Local  authorities  may  by  ordinance  permit  angle  parking  on 
any  roadway,  except  that  angle  parking  shall  not  be  permitted  on  any 
Federal-aid  or  state  highway  unless  authorized  by  the  commissioner  of 
public  works  and  highways. 

IV.  The  commissioner  of  public  works  and  highways  with  respect 
to  highways  under  his  jurisdiction  may  place  signs  prohibiting  or  re- 
stricting the  stopping,  standing  or  parking  of  vehicles  on  any  highway 
where  in  his  opinion  such  stopping,  standing  or  parking  is  dangerous 
to  those  using  the  highway  or  where  the  stopping,  standing  or  parking 
of  vehicles  would  unduly   interfere  with   the  free  movement  of  traffic 


1963]  Chapter   -530  693 

thereon.  Such  signs  shall  be  official  signs  and  no  person  shall  stop,  stand 
or  park  any  vehicle  in  violation  of  the  restrictions  stated  on  such  signs. 

Miscellaneous  Rules 

262-A:73  Unattended  Motor  Vehicle.  No  person  driving  or  in 
charge  of  a  motor  vehicle  shall  permit  it  to  stand  unattended  without 
first  stopping  the  engine,  locking  the  ignition,  removing  the  key  and 
effectively  setting  the  brake  thereon  and,  when  standing  upon  any  grade, 
turning  the  front  wheels  to  the  curb  or  side  of  the  highway. 

262-A:74  Limitations  on  Backing.  The  driver  of  a  vehicle  shall  not 
back  the  same  unless  such  movement  can  be  made  with  safety  and  without 
interfering  with  other  traffic.  The  driver  of  a  vehicle  shall  not  back  the 
same  upon  any  shoulder  or  roadway  of  any  controlled-access  highway. 

262-A:75  Riding  on  Motorcycles.  A  person  operating  a  motorcycle 
shall  ride  only  upon  the  permanent  and  regular  seat  attached  thereto, 
and  such  operator  shall  not  carry  any  other  person  nor  shall  any  other 
person  ride  on  a  motorcycle  unless  such  motorcycle  is  designed  to  carry 
more  than  one  person,  in  which  event  a  passenger  may  ride  upon  the 
permanent  and  regular  seat  if  designed  for  two  persons,  or  upon  another 
seat  firmly  attached  to  the  rear  or  side  of  the  operator. 

262-A:76    Obstruction  to  Driver's  View  or  Riding  Mechanism.    I. 

No  person  shall  drive  a  vehicle  when  it  is  so  loaded,  or  when  there  are 
in  the  front  seat  such  a  number  of  persons,  exceeding  three,  as  to  obstruct 
the  view  of  the  driver,  to  the  front  or  sides  of  the  vehicle  or  as  to  inter- 
fere with  the  driver's  control  over  the  driving  mechanism  of  the  vehicle. 

II.  No  passenger  in  a  vehicle  shall  ride  in  such  position  as  to  inter- 
fere with  the  driver's  view  ahead  or  to  the  sides,  or  to  interfere  with  his 
control  over  the  driving  mechanism  of  the  vehicle. 

262-A:77  Opening  and  Closing  Vehicle  Doors.  No  person  shall  open 
the  door  of  a  motor  vehicle  on  the  side  available  to  moving  traffic  unless 
and  until  it  is  reasonably  safe  to  do  so  and  can  be  done  without  inter- 
fering with  the  movement  of  other  traffic,  nor  shall  any  person  leave  a 
door  open  on  the  side  of  a  vehicle  available  to  moving  traffic  for  a  period 
of  time  longer  than  necessary  to  load  or  unload  passengers. 

262-A:78  Riding  in  House  Trailers.  No  person  or  persons  shall 
occupy  a  house  trailer  while  it  is  being  moved  upon  a  public  highway. 

262-A:79  Driving  on  Mountain  Highways.  The  driver  of  a  motor 
vehicle  traveling  through  defiles  or  canyons  or  on  mountain  highways 
shall  hold  such  motor  vehicle  under  control  and  as  near  the  right-hand 
edge  of  the  highway  as  reasonably  possible  and,  upon  approaching  any 
curve  ^vhere  the  view  is  obstructed  within  a  distance  of  two  hundred  feet 


694  Chapter  330  [1963 

along  the  highway,  shall  give  audible  warning  with  the  horn  of  such 
motor  vehicle. 

262-A:80  Coasting  Prohibited.  I.  The  driver  of  any  motor  vehicle 
when  traveling  upon  a  down  grade  shall  not  coast  with  the  gears  of  such 
vehicle  in  neutral. 

II.  The  driver  of  a  commercial  motor  vehicle  when  traveling  upon 
a  down  grade  shall  not  coast  with  the  clutch  disengaged. 

262-A:81  Following  Fire  Apparatus  Prohibited.  The  driver  of  any 
vehicle  other  than  one  on  official  business  shall  not  follow  any  fire  ap- 
paratus traveling  in  response  to  a  fire  alarm  closer  than  five  hundred  feet 
or  drive  into  or  park  such  vehicle  within  the  block  where  fire  apparatus 
has  stopped  in  answer  to  a  fire  alarm. 

262-A:82  Crossing  Fire  Hose.  No  vehicle  shall  be  driven  over  any 
unprotected  hose  of  a  fire  department  when  laid  down  on  any  street,  or 
private  driveway,  to  be  used  at  any  fire  or  alarm  of  fire,  without  the  con- 
sent of  the  fire  department  official  in  command. 

262-A:83    Throwing,  Depositing  and  Dumping  of  Refuse;  Penalty. 

If  any  person  shall  put  or  place,  or  cause  to  be  put  or  placed,  in  or  upon 
any  highway,  street,  square,  lane,  alley,  public  bathing  place  or  the  ap- 
proaches thereto,  or  into  or  on  the  ice  over  any  public  water,  streams  or 
water-course  or  other  public  place  in  any  city  or  town  any  bottles,  glass, 
crockery,  cans,  scrap  metal,  junk,  paper,  garbage,  old  automobile  or 
parts  thereof,  or  refuse  of  any  nature  whatsoever  or  any  noxious  thing, 
he  shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars.  Provided  that  nothing  herein  shall  be  construed  as  affecting  au- 
thorized collections  of  such  articles  as  garbage  or  refuse. 

262-A:84  Definition.  Whenever  the  words  public  highway,  highway, 
roadway,  street,  avenue,  road,  alley,  park  or  parkway,  or  private  way  laid 
out  under  authority  of  statute  are  used  in  this  chapter  they  shall  mean  a 
"way"  as  defined  in  RSA  259,  XXXV.  The  provisions  of  section  67  of  this 
chapter,  relating  to  conduct  after  an  accident,  shall  not  be  restricted  to 
a  "way"  but  shall  be  of  general  application. 

330:2   Repeal.    The  following  provisions  are  hereby  repealed: 

I.  Paragraph  II  of  RSA  249:5-a  (supp)  as  inserted  by  1955,  178:2, 
relative  to  yield  right  of  way  regulations. 

II.  RSA  249:27  (supp)  as  amended  by  1959,  50:1;  306:4,  relative  to 
throwing,  depositing  and  dumping  of  refuse. 

III.  RSA  250:1,  2,  3,  and  4  (supp)  as  amended  by  1961,  109:1,  rela- 
tive to  the  law  of  the  road. 

IV.  RSA  250:8,  relative  to  refusal  to  give  name,  when  requested. 


1963]  Chapter  330  695 

V.  RSA  262:15  (supp)  as  amended  by  1955,  109:1;  RSA  262:15-a 
(supp)  as  inserted  by  1955,  109:2;  RSA  262:16  (supp)  as  amended  by  1955, 
)109:3;  RSA  262:17  (supp)  as  amended  by  1955,  109:4,  relative  to  reckless 
operation  and  grossly  careless  operation  of  motor  vehicle. 

VI.  RSA  262:19  (supp)  as  amended  by  1955,  282:1  and  1959,  94:1, 
relative  to  intoxication  and  RSA  262:20,  relating  to  evidence. 

VII.  RSA  262:22,  relative  to  conviction  by  court  of  another  state. 

VIII.  RSA  262:23  (supp)  as  amended  by  1957,  144:1,  relative  to  con- 
duct after  accident,  RSA  262:24  and  25,  relative  to  application  of  statute 
and  penalty. 

IX.  RSA  263:25  (supp)  as  amended  by  1961,  251:1,  relating  to 
school  buses;  RSA  263:30,  relative  to  operation,  RSA  263:3^1,  relative  to 
following  vehicles;  RSA  263:33,  relative  to  railroad  crossings. 

X.  RSA  263:34,  35  (supp)  as  amended  by  1955,  53:1;  RSA  263:36 
and  38,  relative  to  signals. 

XI.  RSA  263:40  (supp)  as  amended  by  1955,  217:1,  263:43  (supp) 
as  amended  by  1961,  251:6;  263:44,  45  and  45-a  (supp)  as  inserted  by 
1955,  295: 1 ,  relating  to  operation  of  vehicle. 

XII.  RSA  263:47,  48,  49  and  50,  relative  to  law  of  the  road,  motor 
cycles  and  parking. 

XIII.  RSA  263:53,  54,  55  (supp)  as  amended  by  1955,  119:1,  and 
RSA  263:57-a  (supp)  as  inserted  by  1959,  179:1,  relative  to  speed  regula- 
tions. 

XIV.  RSA  263:60,  relative  to  penalty. 

XV.  RSA  263:78  (supp)  as  amended  by  1961,  72:1,  relative  to  in- 
flammable liquids. 

330:3  Emergency  Vehicles.  Amend  RSA  259:1  by  inserting  after 
paragraph  VII  the  following  new  paragraph:  Vll-a  "Emergency  Ve- 
hicles" shall  include  all  vehicles  of  fire  departments  and  police  depart- 
ments, and  such  ambulances  and  emergency  vehicles  of  municipal  de- 
partments of  public  service  corporations  as  authorized  by  the  director  of 
the  division  of  motor  vehicles. 

330:4  Constitutionality.  If  any  provision  of  this  chapter  or  the  ap- 
plication thereof  to  any  person  or  circumstance  is  held  invalid,  the  in- 
validity shall  not  affect  other  provisions  or  applications  of  this  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. 

330:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


696  Chapter  331  [1963 

CHAPTER  331. 

AN  ACT  RELATIVE  TO  A  MUNICIPAL  COURT  SYSTEM  WITH  DISTRICT  COURTS. 

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

331:1  District  Courts  Established.  Amend  RSA  by  inserting  after 
chapter  502  the  following  new  chapter: 

Chapter  502-A 
District  Courts 

502-A:  1  Judicial  Districts.  A  comprehensive  system  of  judicial  dis- 
tricts, each  with  a  district  court,  is  hereby  organized,  constituted  and 
established  as  follows: 

Rockingham  County 

I.  Portsmouth  District.  The  Portsmouth  district  shall  consist  of  the 
city  of  Portsmouth  and  the  towns  of  Newington,  Greenland,  Rye  and 
New  Castle.  The  municipal  court  for  the  city  of  Portsmouth  is  hereby 
constituted  the  district  court  in  and  for  said  district  and  shall  be  located 
in  said  Portsmouth,  holding  sessions  regularly  therein  and  elsewhere  in 
said  district  as  justice  may  require.  The  name  of  said  court  shall  be  Ports- 
mouth District  Court. 

II.  Hampton  District.  The  Hampton  district  shall  consist  of  the 
towns  of  Hampton,  Hampton  Falls,  North  Hampton,  South  Hampton 
and  Seabrook.  The  municipal  court  for  the  town  of  Hampton  is  hereby 
constituted  the  district  court  in  and  for  said  district  and  shall  be  located 
in  said  Hampton,  holding  sessions  regularly  therein  and  elsewhere  in 
said  district  as  justice  may  require.  The  name  of  said  court  shall  be  Hamp- 
ton District  Court. 

III.  Exeter  District.  The  Exeter  district  shall  consist  of  the  towns 
of  Exeter,  Newmarket,  Stratham,  Newfields,  Fremont,  East  Kingston, 
Kensington,  Epping  and  Brentwood.  The  municipal  court  for  the  town 
of  Exeter  is  hereby  constituted  the  district  court  in  and  for  said  district 
and  shall  be  located  in  said  Exeter,  holding  sessions  regularly  therein 
and  elsewhere  in  said  district  as  justice  may  require.  The  name  of  said 
court  shall  be  Exeter  District  Court. 

IV.  Derry  District.  The  Derry  district  shall  consist  of  the  towns  of 
Derry,  Londonderry,  Chester,  and  Sandown.  The  municipal  court  for 
the  town  of  Derry  is  hereby  constituted  the  district  court  in  and  for  said 
district  and  shall  be  located  in  said  Derry,  holding  sessions  regularly  there- 
in, and  elsewhere  in  said  district  as  justice  may  require.  The  name  of  said 
court  shall  be  Derry  District  Court. 


1963]  Chapter  331  697 

V.  Auburn  District.  The  Auburn  district  shall  consist  of  the  towns 
of  Auburn,  Candia,  Deerfield,  Nottingham,  Raymond  and  Northwood. 
The  municipal  court  for  the  town  of  Auburn  is  hereby  constituted  the 
district  court  in  and  for  said  district  and  shall  be  located  in  said  Auburn, 
holding  sessions  regularly  therein  and  elsewhere  in  said  district  as  justice 
may  require.  The  name  of  said  court  shall  be  Auburn  District  Court. 

VI.  Salem  District.  The  Salem  district  shall  consist  of  the  towns  of 
Salem  and  Windham.  The  municipal  court  for  the  town  of  Salem  is  here- 
by constituted  the  district  court  in  and  for  said  district  and  shall  be  lo- 
cated in  said  Salem,  holding  sessions  regularly  therein,  and  elsewhere  in 
said  district  as  justice  may  require.  The  name  of  said  court  shall  be  Salem 
District  Court. 

VII.  Plaistow  District.  The  Plaistow  district  shall  consist  of  the 
towns  of  Plaistow,  Hampstead,  Kingston,  Newton,  Atkinson  and  Dan- 
ville. The  municipal  court  for  the  town  of  Plaistow  is  hereby  constituted 
the  district  court  in  and  for  said  district  and  shall  be  located  in  said  Plais- 
tow, holding  sessions  regularly  therein  and  elsewhere  in  said  district  as 
justice  may  require.  The  name  of  said  court  shall  be  Plaistow  District 
Court. 

Strafford  County 

VIII.  Dover  District.  The  Dover  district  shall  consist  of  the  city 
of  Dover  and  the  towns  of  Barrington  and  Madbury.  The  district  court 
for  the  city  of  Dover  is  hereby  constituted  the  district  court  in  and  for 
said  district  and  shall  be  located  in  said  Dover,  holding  sessions  regularly 
therein  and  elsewhere  in  said  district  as  justice  may  require.  The  name  of 
said  court  shall  be  Dover  District  Court. 

IX.  Rochester  District.  The  Rochester  district  shall  consist  of  the 
city  of  Rochester  and  the  towns  of  Milton,  New  Durham,  Farmington, 
Strafford  and  Middleton.  The  municipal  court  for  the  city  of  Rochester 
is  hereby  constituted  the  district  court  in  and  for  said  district  and  shall 
be  located  in  said  Rochester,  holding  sessions  regularly  therein  and  else- 
where in  said  district  as  justice  may  require.  The  name  of  said  court  shall 
be  Rochester  District  Court. 

X.  Somersworth  District.  The  Somersworth  district  shall  consist  of 
the  city  of  Somersworth  and  the  town  of  Rollinsford.  The  municipal 
court  for  the  city  of  Somersworth  is  hereby  constituted  the  district  court 
in  and  for  said  district  and  shall  be  located  in  said  Somersworth,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may  re- 
quire. The  name  of  said  court  shall  be  Somersworth  District  Court. 

XI.  Durham  District.  The  Durham  district  shall  consist  of  the 
towns  of  Durham  and  Lee.  The  municipal  court  for  the  town  of  Durham 
is  hereby  constituted  the  district  court  in  and  for  said  district  and  shall 
be  located  in  said  Durham,  holding  sessions  regularly  therein  and  else- 


698  Chapter  331  [1963 

where  in  said  district  as  justice  may  require.  The  name  of  said  court  shall 
be  Durham  District  Court. 

Belknap  County 

XII.  Laconia  District.  The  Laconia  district  shall  consist  of  the  city 
of  Laconia  and  the  towns  of  Meredith,  New  Hampton,  Gilford,  Sanborn- 
ton,  Tilton,  Belmont,  Alton,  Gilmanton,  Barnstead  and  Center  Harbor. 
The  municipal  court  for  the  city  of  Laconia  is  hereby  constituted  the  dis- 
trict court  in  and  for  said  district  and  shall  be  located  in  said  Laconia, 
holding  sessions  regularly  therein  and  elsewhere  in  said  district  as  justice 
may  require.  The  name  of  said  court  shall  be  Laconia  District  Court. 

Carroll  County 

XIII.  Conway  District.  The  Conway  district  shall  consist  of  the 
towns  of  Conway,  Bartlett,  Jackson,  Eaton,  Chatham,  Hart's  Location, 
Albany,  Madison  and  the  unincorporated  place  of  Hale's  Location.  The 
municipal  court  for  the  town  of  Conway  is  hereby  constituted  the  district 
court  in  and  for  said  district  and  shall  be  located  in  said  Conway,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Conway  District  Court. 

XIV.  Ossipee  District.  The  Ossipee  district  shall  consist  of  the  towns 
of  Ossipee,  Tamworth,  Freedom,  Effingham  and  Wakefield.  The  munici- 
pal court  for  the  town  of  Ossipee  is  hereby  constituted  the  district  court 
in  and  for  said  district  and  shall  be  located  in  said  Ossipee,  holding  ses- 
sions therein  and  elsewhere  in  said  district  as  justice  may  require.  The 
name  of  said  court  shall  be  Ossipee  District  Court. 

XV.  Wolfeboro  District.  The  Wolfeboro  district  shall  consist  of  the 
towns  of  Wolfeboro,  Brookfield,  Tuftonboro,  Moultonborough  and  Sand- 
wich. The  municipal  court  for  the  town  of  Wolfeboro  is  hereby  consti- 
tuted the  district  court  in  and  for  said  district  and  shall  be  located  in  said 
Wolfeboro,  holding  sessions  regularly  therein  and  elsewhere  in  said  dis- 
trict as  justice  may  require.  The  name  of  said  court  shall  be  Wolfeboro 
District  Court. 

Merrimack  County 

XVI.  Concord  District.  The  Concord  district  shall  consist  of  the 
city  of  Concord  and  the  towns  of  Pittsfield,  Chichester,  Allenstown,  Lou- 
don, Canterbury,  Dunbarton,  Bow,  Pembroke,  Hooksett,  Hopkinton  and 
Epsom.  The  municipal  court  for  the  city  of  Concord  is  hereby  constituted 
the  district  court  in  and  for  said  district  and  shall  be  located  in  said  Con- 
cord, holding  sessions  regularly  therein  and  elsewhere  in  said  district  as 
justice  may  require.  The  name  of  said  court  shall  be  Concord  District 
Court. 

XVII.  Franklin  District.  The  Franklin  district  shall  consist  of  the 
city  of  Franklin  and  the  towns  of  Northfield,  Danbury,  Andover,  Bos- 


1963]  Chapter  331  699 

cawen,  Salisbury,  Hill,  New  London,  Webster  and  Wilmot.  The  munici- 
pal court  for  the  city  of  Franklin  is  hereby  constituted  the  district  court 
in  and  for  said  district  and  shall  be  located  in  said  Franklin,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Franklin  District  Court. 

XVIII.  Henniker  District.  The  Henniker  district  shall  consist  of 
the  towns  of  Henniker,  Warner,  Bradford,  Newbury,  and  Sutton.  There 
is  hereby  constituted  and  established  a  district  court  in  the  town  of  Hen- 
niker for  said  district  and  shall  be  located  in  said  Henniker,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Henniker  District  Court. 

Hillsborough  County 

XIX.  Manchester  District.  The  Manchester  district  shall  consist 
of  the  city  of  Manchester  and  the  town  of  Bedford.  The  municipal  court 
for  the  city  of  Manchester  is  hereby  constituted  the  district  court  in  and 
for  said  district  and  shall  be  located  in  said  Manchester,  holding  sessions 
regularly  therein  and  elsewhere  in  said  district  as  justice  may  require. 
The  name  of  said  court  shall  be  Manchester  District  Court. 

XX.  Nashua  District.  The  Nashua  district  shall  consist  of  the  city 
of  Nashua  and  the  towns  of  Hudson,  Pelham,  Hollis,  Litchfield  and 
Merrimack.  The  municipal  court  for  the  city  of  Nashua  is  hereby  con- 
stituted the  district  court  in  and  for  said  district  and  shall  be  located  in 
said  Nashua,  holding  sessions  regularly  therein  and  elsewhere  in  said 
district  as  justice  may  require.  The  name  of  said  court  shall  be  Nashua 
District  Court. 

XXL  Milford  District.  The  Milford  district  shall  consist  of  the 
towns  of  Milford,  Brookline,  Amherst,  Mason,  Wilton,  Lyndeborough 
and  Mont  Vernon.  The  municipal  court  for  the  town  of  Milford  is  here- 
by constituted  the  district  court  in  and  for  said  district  and  shall  be  lo- 
cated in  said  Milford,  holding  sessions  regularly  therein  and  elsewhere 
in  said  district  as  justice  may  require.  The  name  of  said  court  shall  be 
Milford  District  Court. 

XXIL  Peterborough  District.  The  Peterborough  district  shall  con- 
sist of  the  towns  of  Peterborough,  Hancock,  Greenville,  Greenfield,  New 
Ipswich,  Temple  and  Sharon.  The  municipal  court  for  the  town  of 
Peterborough  is  hereby  constituted  the  district  court  in  and  for  said  dis- 
trict and  shall  be  located  in  said  Peterborough,  holding  sessions  regularly 
therein  and  elsewhere  in  said  district  as  justice  may  require.  The  name  of 
said  court  shall  be  Peterborough  District  Court. 

XXIII.  Hillsborough  District.  The  Hillsborough  district  shall  con- 
sist of  the  towns  of  Hillsborough,  Deering,  Windsor,  Antrim  and  Ben- 
nington. The  municipal  court  for  the  town  of  Hillsborough  is  hereby 
constituted  the  district  court  in  and  for  said  district  and  shall  be  located 


700  Chapter  331  [1963 

in  said  Hillsborough,  holding  sessions  regularly  therein  and  elsewhere 
in  said  district  as  justice  may  require.  The  name  of  said  court  shall  be 
Hillsborough  District  Court. 

XXIV.  Goffstown  District.  The  Goffstown  district  shall  consist  of 
the  towns  of  Goffstown,  Weare,  New  Boston  and  Francestown.  The  mu- 
nicipal court  for  the  town  of  Goffstown  is  hereby  constituted  the  district 
court  in  and  for  said  district  and  shall  be  located  in  said  Goffstown,  hold- 
ing sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Goffstown  District  Court. 

Cheshire  County 

XXV.  Keene  District.  The  Keene  district  shall  consist  of  the  city 
of  Keene  and  the  towns  of  Stoddard,  Westmoreland,  Surry,  Gilsum,  Sulli- 
van, Nelson,  Roxbury,  Marlow,  Swanzey,  Marlborough,  Winchester, 
Richmond,  Hinsdale,  Harrisville,  Walpole,  Alstead  and  Chesterfield.  The 
municipal  court  for  the  city  of  Keene  is  hereby  constituted  the  district 
court  in  and  for  said  district  and  shall  be  located  in  said  Keene,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Keene  District  Court. 

XXVI.  Jaffrey  District.  The  Jaffrey  district  shall  consist  of  the 
towns  of  Jaffrey,  Dublin,  Fitzwilliam,  Troy  and  Rindge.  The  municipal 
court  for  the  town  of  Jaffrey  is  hereby  constituted  the  district  court  in 
and  for  said  district  and  shall  be  located  in  said  Jaffrey,  holding  sessions 
regularly  therein  and  elsewhere  in  said  district  as  justice  may  require. 
The  name  of  said  court  shall  be  Jaffrey  District  Court. 

Sullivan  County 

XXVII.  Claremont  District.  The  Claremont  district  shall  consist 
of  the  city  of  Claremont  and  the  towns  of  Cornish,  Unity,  Charlestown, 
Acworth,  Langdon  and  Plainfield.  The  municipal  court  for  the  city  of 
Claremont  is  hereby  constituted  the  district  court  in  and  for  said  district 
and  shall  be  located  in  said  Claremont,  holding  sessions  regularly  therein 
and  elsewhere  in  said  district  as  justice  may  require.  The  name  of  said 
court  shall  be  Claremont  District  Court. 

XVIII.  Newport  District.  The  Newport  district  shall  consist  of  the 
towns  of  Newport,  Grantham,  Croydon,  Springfield,  Sunapee,  Goshen, 
Lempster  and  Washington.  The  municipal  court  for  the  town  of  Newport 
is  hereby  constituted  the  district  court  in  and  for  said  district  and  shall  be 
located  in  said  Newport,  holding  sessions  regularly  therein  and  elsewhere 
in  said  district  as  justice  may  require.  The  name  of  said  court  shall  be 
Newport  District  Court. 

Grafton  County 

XXIX.  Hanover  District.  The  Hanover  district  shall  consist  of 
the  towns  of  Hanover,  Orford  and  Lyme.  The  municipal  court  for  the 


1963]  Chapter  331  701 

to^vii  of  Hanover  is  hereby  constituted  the  district  court  in  and  for  said 
district  and  shall  be  located  in  said  Hanover,  holding  sessions  regularly 
therein  and  else^v'here  in  said  district  as  justice  may  require.  The  name 
of  said  court  shall  be  Hanover  District  Court. 

XXX.  Haverhill  District.  The  Haverhill  district  shall  consist  of 
the  towns  of  Haverhill,  Bath,  Landaff,  Benton,  Piermont  and  Warren. 
The  municipal  court  for  the  town  of  Haverhill  is  hereby  constituted  the 
district  court  in  and  for  said  district  and  shall  be  located  in  said  Haver- 
hill, holding  sessions  regularly  therein  and  elsewhere  in  said  district  as 
justice  may  require.  The  name  of  said  court  shall  be  Haverhill  District 
Court. 

XXXI.  Lebanon  District.  The  Lebanon  district  shall  consist  of  the 
towns  of  Lebanon,  Enfield,  Canaan,  Grafton  and  Orange.  The  municipal 
court  for  the  town  of  Lebanon  is  hereby  constituted  the  district  court  in 
and  for  said  district  and  shall  be  located  in  said  Lebanon,  holding  sessions 
regularly  therein  and  elsewhere  in  said  district  as  justice  may  require. 
The  name  of  said  court  shall  be  Lebanon  District  Court. 

XXXIL  Littleton  District.  The  Littleton  district  shall  consist  of 
the  towns  of  Littleton,  Monroe,  Lyman,  Lisbon,  Franconia,  Bethlehem, 
Sugar  Hill  and  Easton.  The  municipal  court  for  the  town  of  Littleton  is 
hereby  constituted  the  district  court  in  and  for  said  district  and  shall  be 
located  in  said  Littleton,  holding  sessions  regularly  therein  and  elsewhere 
in  said  district  as  justice  may  require;  provided  that  such  regular  sessions 
shall  be  held  at  least  twice  each  month  in  Bethlehem  during  June,  July, 
August  and  September.  The  name  of  said  court  shall  be  Littleton  District 
Court. 

XXXIIL  Plymouth  District.  The  Plymouth  district  shall  consist  of 
the  towns  of  Plymouth,  Bristol,  Dorchester,  Groton,  Wentworth,  Rumney, 
Ellsworth,  Thornton,  Campton,  Lincoln,  Waterville,  Ashland,  Hebron, 
Holderness,  Bridgewater,  Alexandria  and  Woodstock  and  the  unincor- 
porated place  of  Livermore.  The  municipal  court  for  the  town  of  Plym- 
outh is  hereby  constituted  the  district  court  in  and  for  said  district  and 
shall  be  located  in  said  Plymouth,  holding  sessions  regularly  therein  and 
elsewhere  in  said  district  as  justice  may  require.  The  name  of  said  court 
shall  be  Plymouth  District  Court. 

Coos  County 

XXXIV.  Berlin  District.  The  Berlin  district  shall  consist  of  the 
city  of  Berlin  and  the  towns  of  Milan,  Dummer,  and  the  unincorporated 
places  of  Cambridge  and  Success.  The  municipal  court  for  the  city  of 
Berlin  is  hereby  constituted  the  district  court  in  and  for  said  district  and 
shall  be  located  in  said  Berlin,  holding  sessions  regularly  therein  and 
elsewhere  in  said  district  as  justice  may  require.  The  name  of  said  court 
shall  be  Berlin  District  Court. 


702  Chapter  331  [1963 

XXXV.  Gorham  District.  The  Gorham  district  shall  consist  of  the 
towns  of  Gorham,  Shelburne  and  Randolph  and  the  unincorporated 
places  of  Bean's  Purchase,  Martin's  Location,  Green's  Grant,  Pinkham's 
Grant,  Thompson  &  Meserve's  Purchase,  Sargent's  Purchase,  Cutt's 
Grant,  Bean's  Grant,  Crawford's  Purchase,  Low  &:  Burbank's  Grant,  Chan- 
dler's Purchase  and  Hadley's  Purchase.  The  municipal  court  for  the 
town  of  Gorham  is  hereby  constituted  the  district  court  in  and  for  said 
district  and  shall  be  located  in  said  Gorham,  holding  sessions  regularly 
therein  and  elsewhere  in  said  district  as  justice  may  require.  The  name 
of  said  court  shall  be  Gorham  District  Court. 

XXXVL  Colebrook  District.  The  Colebrook  district  shall  consist 
of  the  towns  of  Colebrook,  Pittsburg,  Clarksville,  Wentworth's  Location, 
Errol,  Millsfield,  Columbia,  Stewartstown,  Stratford  and  the  unincor- 
porated places  of  Dix's  Grant,  Atkinson  and  Gilmanton  Academy  Grant, 
Second  College  Grant,  Dixville,  Erving's  Location  and  Odell.  The  munici- 
pal court  for  the  town  of  Colebrook  is  hereby  constituted  the  district 
court  in  and  for  said  district  and  shall  be  located  in  said  Colebrook,  hold- 
ing sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Colebrook  District  Court. 

XXXVIL  Lancaster  District.  The  Lancaster  district  shall  consist  of 
the  towns  of  Lancaster,  Stark,  Northumberland,  Carroll,  Whitefield,  Dal- 
ton  and  Jefferson,  and  the  unincorporated  place  of  Kilkenny.  The  munici- 
pal court  for  the  town  of  Lancaster  is  hereby  constituted  the  district  court 
in  and  for  said  district  and  shall  be  located  in  said  Lancaster,  holding 
sessions  regularly  therein  and  elsewhere  in  said  district  as  justice  may 
require.  The  name  of  said  court  shall  be  Lancaster  District  Court. 

502-A:2  Justices,  Special  Justices,  Sessions.  In  addition  to  the  regu- 
lar sessions  which  are  required  to  be  held  in  various  districts  under  the 
provisions  of  this  act,  the  justice  or  special  justice  of  each  district 
shall  hold  sessions  in  such  localities  within  their  respective  district  and  at 
such  times  as  may  best  serve  the  convenience  of  the  communities  within 
their  district,  having  due  regard  to  the  parties  and  circumstances  of  each 
case,  to  the  seasonal  influx  of  population  in  certain  areas,  as  well  as  re- 
gard for  such  other  considerations  as  the  expeditious  and  effective  admin- 
istration of  justice  may  require.  The  foregoing  requirements  are  to  be 
observed  in  addition  to  the  specific  provisions  relative  to  the  Littleton 
district. 

502-A:3  District  Court;  Justices,  How  Appointed  Tenure.  Each 
district  shall  consist  of  a  justice  and  a  special  justice  appointed  and  com- 
missioned by  the  governor,  with  advice  and  consent  of  the  council,  as 
prescribed  by  the  constitution.  Each  such  justice  shall  be  a  learned,  able 
and  discreet  person  specially  qualified  by  training  and  experience  for 
the  performance  of  his  duties  and  shall  be  a  resident  of  the  county  in 
which  his  court  is  located.  Wherever  possible,  justices  and  special  justices 
shall  be  chosen  from  qualified  persons  who  are  also  members  of  the  bar 


1963]  Chapter  331  703 

of  New  Hampshire.  The  tenure  of  office  of  the  persons  serving  as  justices 
and  special  justices  of  the  municipal  courts  hereby  constituted  and  estab- 
lished as  district  courts  shall  not  be  affected  hereby,  but  such  justices  and 
special  justices  shall  continue  in  office  as  justices  or  special  justices  of  their 
respective  districts. 

502-A:4  Powers  of  Special  Justices.  In  the  absence,  inability  or  dis- 
qualification of  the  justice  of  a  district  court,  the  special  justice  shall  per- 
form the  duties  and  exercise  the  powers  of  the  justice. 

502-A:5  Powers  of  Other  Justices.  If  the  justice  and  special  justice 
of  a  district  court  are  disqualified  or  unable  from  any  cause  to  sit  in  any 
case,  a  disinterested  justice  of  the  peace  within  the  district,  or  a  disinter- 
ested justice  or  special  justice  from  another  district  court,  attending  upon 
written  request  of  the  justice,  may  hear  and  determine  the  case  and  issue 
final  process  therein,  and  he  shall  keep  a  record  thereof,  which  shall  be 
kept  with  and  constitute  a  part  of  the  records  of  said  court,  all  of  which 
shall  have  like  effect  as  if  it  were  heard  and  determined  by  the  justice  of 
said  court. 

502-A:6  Salaries  of  Justices,  Special  Justices,  Clerks.  The  salaries  of 
justices,  special  justices  and  clerks  of  the  district  court  shall  be  paid  from 
the  treasury  of  the  city  or  town  in  which  such  courts  are  regularly  located 
and  may  be  paid  quarterly  or  monthly. 

I.  Annual  salaries  of  the  justices  shall  be  as  follows:  For  each  1,000 
people,  or  fraction  thereof  residing  in  the  district,  a  sum  of  not  less  than 
$120  and  not  more  than  $180  as  the  local  governing  body  of  the  city  or 
town  in  which  the  court  is  located  may  vote. 

II.  Special  Justices.  The  annual  salaries  of  special  justices  of  the 
district  court  shall  be  as  follows:  Not  less  than  10%  nor  more  than  30% 
of  the  salary  of  the  justice  in  each  district  as  the  local  governing  body  of 
the  city  or  town  in  which  the  court  is  located  may  vote. 

The  special  justices  in  other  cities  and  towns  and  the  justice  of  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,  twenty  dollars  a  day  for  each  day  or  part  thereof  that  he 
shall  serve  in  said  capacity. 

III.  Clerks'  Salaries.  The  annual  salaries  of  the  clerks  of  the  district 
courts  shall  be  not  less  than  thirty  per  cent  and  not  more  than  sixty  per 
cent  of  the  annual  salary  of  the  justice  in  each  district  as  the  local  govern- 
ing body  of  the  city  or  town  in  which  the  court  is  located  may  vote. 

IV.  No  local  governing  body  shall  be  empowered  to  fix  the  sal- 
aries of  any  justice,  special  justice  or  clerk  at  an  amount  less  than  the 
amount  which  such  official  has  been  paid  in  his  prior  capacity  as  justice, 
special  justice  or  clerk  of  the  municipal  court  which  becomes  a  district 
court  hereunder,  plus  an  amount  equal  to  the  salary  paid  to  the  justice, 


704  Chapter  331  [1963 

special  justice  or  clerk  as  the  case  may  be  of  any  municipal  court  in  any 
town  which  by  the  terms  of  this  act  is  included  in  the  district  court  in- 
volved. 

Clerks 

502-A:7  District  Courts,  Clerks  of.  Each  district  court  shall  have  a 
clerk  appointed  by  the  justice  thereof,  who  shall  hold  office  during  the 
pleasure  of  the  justice  appointing  him.  If  for  any  reason  the  office  of 
clerk  of  a  district  court  shall  be  vacant,  the  justice,  or,  in  his  absence,  the 
special  justice  shall  perform  the  duties  of  the  clerk,  as  to  all  business 
before  them  respectively  transacted  and  any  justice  acting  as  clerk  shall 
keep  a  full  record  thereof. 

502-A:8  Duties  of  Clerks;  Disposition  of  Fines.  The  clerk  shall  re- 
ceive all  fines  and  forfeits  paid  into  the  district  court  from  any  source. 
After  deducting  witness  fees,  costs  of  clerk's  bond,  if  any,  court  seal,  record 
books,  printing  blanks,  and  such  other  expenses  as  may  be  legally  in- 
curred in  the  maintenance  and  conduct  of  said  court  the  clerk  shall, 
except  in  cases  otherwise  provided,  pay  the  same  over  to  the  treasurer  of 
the  city  or  town  wherein  said  court  is  located  for  the  use  of  said  city  or 
town.  It  is  further  provided  that  whenever  fines  are  assessed  on  accoimt 
of  violations  of  Title  XXXIV,  RSA,  relative  to  public  utilities,  Title 
XXXIX,  RSA,  relative  to  aeronautics.  Title  X,  RSA,  relative  to  public 
health,  chapter  270,  RSA,  relative  to  navigation,  chapter  282,  RSA,  rela- 
tive to  unemployment  compensation,  chapters  183,  184,  185,  341  to  344, 
RSA,  inclusive,  and  chapters  284,  345,  425  to  429,  433,  434,  436  to  439, 
440  to  443,  RSA,  relative  to  agriculture,  or  any  other  statutes  wherein  it 
is  provided  that  the  fines  shall  be  paid  to  the  state  or  to  a  department  or 
agency  of  the  state,  the  clerk  of  the  district  court  shall  deduct  from  each 
of  said  fines  so  collected  by  the  court  the  sum  of  ten  dollars  and  twenty 
per  cent  of  that  part  of  the  fine  which  exceeds  ten  dollars,  and  after  de- 
ducting witness  fees,  if  any,  and  cost  of  clerk's  bond,  if  any,  shall  pay  over 
the  balance  to  the  state  or  department  or  agency  to  whom  due,  within 
seven  days  after  receipt  thereof.  The  part  of  said  fines  deducted  by  the 
clerk  as  hereinabove  provided  shall  be  retained  and  used  for  payment  of 
expenses  of  the  court. 

502-A:9  Payments.  Payments  to  cities  and  towns  shall  be  made 
monthly,  on  or  before  the  fifth  day  of  each  month,  and  shall  cover  the  net 
receipts  as  aforesaid  of  said  court  for  the  month  preceding,  with  a  de- 
tailed statement  of  the  amount,  date,  and  from  whom  all  money  has  been 
received. 

502-A:10  Bonds.  Each  clerk  shall  furnish  a  bond  of  a  reputable  sur- 
ety company  for  the  proper  performance  of  his  duties  in  such  form  and 
amount  as  may  be  required  by  the  administrative  committee  of  the  dis- 
trict courts.  The  cost  of  such  bond  shall  be  chargeable  to  the  city  or  town 


1963]  Chapter  331  705 

in  which  the  district  court  is  located  and  deducted  from  the  monies  col- 
lected by  the  clerk. 

Jurisdiction 

502-A:ll  Criminal  Cases,  District  Courts,  Each  district  court  shall 
have  the  powers  of  a  justice  of  the  peace  and  quorum  throughout  the 
state  and  shall  have  original  jurisdiction  subject  to  appeal  of  all  crimes 
and  offenses  committed  within  the  confines  of  the  district  in  which  such 
court  is  located  which  are  punishable  by  a  fine  not  exceeding  one  thou- 
sand dollars  or  imprisonment  not  exceeding  one  year,  or  both.  Provided, 
however,  that  any  town  which  may  vote  to  continue  its  municipal  court 
in  accordance  with  the  provisions  of  section  35  of  this  chapter  shall  have 
exclusive  jurisdiction  over  offenses  committed  within  the  confines  of 
that  town,  in  accordance  with  the  provisions  of  RSA  502:18,  until  such 
municipal  court  is  subsequently  abolished  under  the  provisions  of  section 
35  of  this  chapter. 

502-A:12  Appeals  from  Sentence.  A  person  sentenced  for  an  offense 
by  a  district  court  may  appeal  therefrom  to  the  superior  court  in  the  same 
manner  and  upon  the  same  conditions  as  provided  in  RSA,  Chapter  599, 
relating  to  appeals  from  convictions  in  municipal  courts. 

502-A:13  Binding  Over  By  District  Court.  Each  district  court  shall 
have  jurisdiction  to  commit  to  jail,  or  bind  over  with  sufficient  sureties 
to  the  superior  court,  all  persons  charged  with  offenses  committed  in  the 
district  in  which  the  court  is  located,  exceeding  its  jurisdiction  to  try. 

502-A:14  Civil  Causes.  I.  Exclusive  Jurisdiction.  District  courts  in 
which  the  salary  of  the  justice  exceeds  ten  thousand  dollars  per  year  shall 
have  original  and  exclusive  jurisdiction  of  civil  cases  in  which  the  dam- 
ages claimed  do  not  exceed  five  hundred  dollars,  the  title  to  real  estate  is 
not  involved  and  all  parties  live  within  the  district. 

II.  Concurrent  Jurisdiction.  All  district  courts  shall  have  concur- 
rent jurisdiction  with  the  superior  court  of  civil  actions  for  damages  in 
which  the  damages  claimed  do  not  exceed  fifteen  hundred  dollars  and 
the  defendant  resides  within  the  county  where  such  court  is  located.  In 
all  such  actions  unless  trial  by  jury  is  claimed  as  herein  after  provided, 
the  parties  shall  be  heard  by  the  justice  or  special  justice  and  the  findings 
of  fact  shall  be  final  but  questions  of  law  may  be  transferred  to  the  su- 
preme court  in  the  same  manner  as  from  the  superior  court. 

III.  Transfers  to  Superior  Court.  If  the  defendant  upon  entry  of 
any  action  under  this  section  within  five  days  of  the  entry  thereof  or  such 
additional  time  as  the  district  court  may  for  good  cause  allow  file  in  the 
district  court  a  brief  statement  setting  forth  that: 

(a)  There  is  pending  in  the  superior  court  a  cause  arising  out  of 
the  same  transaction  or  situation  on  which  the  district  court  action  is 
based,  or 


706  Chapter  331  [1963 

(b)  That  the  defendant  has  a  claim  arising  out  of  the  same  trans- 
action or  situation  in  which  his  claim  for  damages  exceeds  five  hundred 
dollars,  and 

(c)  Accompanies  his  brief  statement  with  an  affidavit  under  oath  sup- 
porting the  same,  then  no  further  proceeding  shall  be  had  in  the  district 
court  but  the  cause  shall  be  at  once  transferred  to  the  superior  court  for 
the  county  in  which  the  district  is  located  to  be  heard  and  tried  as  if  orig- 
inally entered  in  the  superior  court,  the  original  entry  fee  and  cost  of 
transferring  the  action  to  be  paid  by  the  plaintiff  but  recoverable  as  costs 
if  the  plaintiff  shall  prevail.  If  no  petition  to  remove  is  filed,  the  cause 
shall  be  heard  by  the  justice  or  special  justice  in  the  district  court  and 
the  findings  of  fact  shall  be  final  but  questions  of  law  may  be  transferred 
to  the  supreme  court  in  the  same  manner  as  from  the  superior  court. 

502-A:15  Jury  Trial.  In  cases  where  the  damages  claimed  exceed  five 
hundred  dollars,  or  the  title  to  real  estate  is  involved,  if  the  defendant, 
upon  the  entry  of  any  action  for  damages  under  section  14  (II),  shall 
within  five  days  of  the  entry  thereof  or  such  additional  time  as  the  district 
court  for  good  cause  may  allow,  file  a  written  request  for  trial  by  jury, 
the  cause  shall  be  at  once  transferred  to  the  superior  court  for  the  county 
in  which  the  district  is  located,  to  be  heard  and  tried  as  if  originally  en- 
tered therein,  the  original  entry  fee  and  cost  of  transferring  the  action 
to  be  paid  by  the  plaintiff  but  recoverable  as  costs  if  the  plaintiff  shall 
prevail  therein. 

502-A:16  Venue  in  Civil  Causes.  Actions  shall  be  returnable  to  the 
district  court  of  the  judicial  district  where  either  plaintiff  or  defendant 
resides. 

502-A:17  Attachments  and  Executions.  Attachments  and  levies  of 
execution  on  personal  property  and  real  estate  may  be  made  in  civil 
causes  in  said  district  courts  as  provided  in  chapters  511,  528  and  529, 
RSA. 

Administrative  Committee 

502-A:18  Administrative  Committee;  Duties  of.  There  shall  be  an 
administrative  committee  of  the  district  courts,  which  shall  consist  of 
three  justices  of  the  district  courts,  appointed  by  the  supreme  court,  each 
for  a  period  not  exceeding  three  years  as  the  court  may  determine.  Any 
such  justice  may  be  reappointed.  The  committee  shall  have  the  authority 
to  promulgate  uniform  rules  and  practices,  to  prescribe  forms  of  blanks 
and  records  and  to  superintend  the  keeping  of  records  by  clerks  and 
justices.  The  committee  shall  have  general  superintendence  of  the  district 
courts  and  their  clerks  and  other  officers  and  may  visit  any  district  court 
or  any  justice  or  clerk  thereof,  either  as  a  committee  or  by  subcommittee 
in  the  performance  of  their  duties. 


1963]  Chapter  331  707 

502-A:19  Administrative  Committee;  Expenses  of.  The  members 
of  the  administrative  committee  shall  be  allowed  their  necessary  expenses, 
including  clerical  expenses,  incurred  in  the  performance  of  their  duties, 
subject  to  the  approval  of  the  governor  and  council,  and  shall  receive 
such  compensation  for  their  services  actually  performed  in  the  work  of 
such  committee  as  the  governor  and  council  shall  approve,  to  be  paid 
from  the  state  treasury. 

Miscellaneous  Provisions 

502-A:20  Courts  of  Record.  District  Courts  are  courts  of  record; 
and  each  shall  be  provided  with  a  seal  bearing  upon  its  face  the  name  of 
the  court  and  the  name  of  this  state. 

502-A:21  Disqualifications  of  Justices,  Etc.  No  justice,  special  justice 
or  clerk  of  any  district  court  shall  be  retained  or  employed  as  attorney 
in  any  action,  complaint,  or  proceeding  pending  in  his  court,  or  which 
has  been  examined  or  tried  therein.  No  justice  shall  be  retained  or  em- 
ployed as  an  attorney  in  any  matter  pending  before  any  other  district 
court.  No  attorney  shall  be  permitted  to  practice  before  any  district  court 
where  any  justice  thereof  is  associated  with  said  attorney  in  the  practice 
of  law.  No  justice  whose  salary  exceeds  ten  thousand  dollars  per  year  shall 
be  permitted  to  engage  in  the  practice  of  law. 

502-A:22  Civil  Sessions.  A  session  of  each  district  court  for  the  trial 
of  civil  actions  shall  be  holden  on  some  day  of  each  month  to  be  fixed 
by  a  rule  of  court  and  may  be  adjourned  from  day  to  day,  or  to  a  future 
day  not  beyond  the  next  established  session. 

502-A:23  Judicial  Robes,  The  justice  of  a  district  court  shall  wear 
an  appropriate  black  judicial  robe  whenever  his  court  is  convened  in 
criminal  or  civil  session,  to  be  provided  by  the  city  or  town  wherein  his 
court  is  located. 

502-A:24  Writs.  Writs  and  processes,  issuing  returnable  to  any  dis- 
trict court  shall  be  in  the  name  of  The  State  of  New  Hampshire,  shall  be 
under  the  seal  of  the  court,  shall  bear  teste  of  the  justice,  if  not  a  party, 
otherwise  of  the  special  justice,  and  shall  be  signed  by  the  clerk. 

502-A:25  Service  of.  All  writs  and  civil  actions,  except  as  otherwise 
provided,  shall  be  served  fourteen  days  before  the  return  day  which  they 
are  returnable. 

502-A:26  Return  Day.  In  civil  causes  to  recover  damages,  the  first 
Tuesday  of  every  month  shall  be  return  day,  except  as  otherwise  pro- 
vided, and  writs  may  be  made  returnable  at  the  election  of  the  party  who 
takes  out  the  same,  subject  to  the  requirements  for  service,  at  any  return 
day  -^vithin  two  months  from  the  date  thereof. 

502-A:27  Executions.  Executions  on  judgments  rendered  in  district 
courts  shall  not  be  issued  until  after  the  time  for  appeal  has  expired  and 
shall  be  returnable  within  sixty  days  from  the  date  of  issue. 


708  Chapter  331  [1963 

Fees  in  District  Courts 

502-A:28  Civil  Causes.  Clerks  of  district  courts  shall  be  allowed  in 
civil  cases  for  the  use  of  the  city  or  town  in  which  the  court  is  regularly 
located: 

For  a  blank  writ,  twenty  cents. 

For  the  entry  of  every  action  or  complaint,  including  filing  papers, 
entering  appearances  and  judgment  and  recording,  one  dollar. 

For  every  adjournment,  fifty  cents. 

For  each  execution,  one  dollar. 

For  a  writ  of  possession,  seventy-five  cents. 

For  entering  satisfaction  of  a  judgment  on  record,  fifty  cents. 

For  granting  a  warrant  of  appraisement  and  swearing  the  appraisers, 
one  dollar. 

502-A:29  Other  Fees.  For  other  certificates  or  papers  which  he  is 
authorized  to  make  or  certify  the  clerk  of  a  district  court  shall  receive 
the  same  fees  as  a  clerk  of  the  superior  court. 

502-A:30  Travel,  etc.  Travel  and  attendance  of  parties  and  other 
costs  and  fees  shall  be  allowed  as  in  the  superior  court,  except  that  the 
plaintiff  shall  be  allowed  no  more  travel  than  if  he  lived  within  ten  miles 
of  the  place  of  trial,  unless  he  appears  in  person. 

502-A:31  District  Courtrooms.  Where  a  city  or  town  in  which  a 
district  court  is  located  owns  or  maintains  a  building  or  buildings  for 
the  conduct  of  municipal  business,  the  court  shall  be  held  in  one  of  such 
buildings.  Where  there  is  no  such  building,  court  shall  be  held  in  any 
other  public  building  or  in  such  other  place  as  shall  be  provided  by 
ordinance  or  vote  of  the  town.  In  either  case,  court  shall  be  held  only  in 
a  room  or  rooms  in  which  space  is  provided  for  the  justice  to  sit  apart 
from  the  parties,  counsel,  witnesses  and  spectators,  and  in  which  adequate 
seating  accommodations  are  available  for  all  persons  lawfully  present. 
The  justice  shall  require  that  his  courtroom  at  all  times  shall  be  kept 
clean  and  maintained  in  an  orderly  and  dignified  manner.  In  no  case, 
however,  shall  court  be  held  in  a  private  residence  or  a  place  of  business. 
Whenever  sessions  of  district  courts  are  not  being  held  in  courtroom 
facilities  as  provided  in  this  section,  such  cities  and  towns  shall  on  or 
before  April  1,  '1964,  comply  with  such  provisions.  The  provisions  of  this 
section  shall  also  apply  to  the  sessions  of  any  district  court  when  being 
held  elsewhere  in  the  district  other  than  the  town  or  city  in  which  said 
court  is  located. 

502-A:32  Existing  Procedure  Applicable.  All  provisions  of  law, 
not  inconsistent  herewith,  relating  to  procedure  in  civil  or  criminal  mat- 
ters and  practice  in  mimicipal  courts  shall  remain  in  full  force  and  apply 
to  the  district  courts  hereby  established. 


1963]  Chapter  331  709 

502-A:33  Appeals  from  Judgment.  Except  as  otherwise  provided 
herein,  appeals  may  be  taken  from  judgments  of  district  courts  in  the 
same  manner  and  upon  the  same  conditions  as  from  judgments  of  munici- 
pal courts. 

502-A:34  District  Courts;  Functions  of  Municipal  Courts  Vested 
Therein.  The  district  courts,  except  as  otherwise  provided  therein,  shall 
have  the  jurisdiction,  powers  and  duties  conferred  upon  municipal  courts 
by  the  Revised  Statutes  Annotated,  and  amendments  thereto. 

502-A:35  Municipal  Court  Abolished;  Exception.  All  municipal 
courts  not  continued  as  provided  for  in  this  section  are  hereby  abolished. 
If  the  municipal  court  of  any  town  is  not  constituted  a  district  court  under 
the  provisions  hereinabove  set  forth  in  this  chapter  and  such  town  shall 
desire  to  continue  to  maintain  its  local  court,  it  may  do  so  in  accordance 
with  the  following  procedure: 

I.  An  article  providing  for  the  continuation  of  the  local  municipal 
court  may  be  inserted  in  the  warrant  for  the  annual  town  meeting  for  the 
year  1964  or  any  special  meeting  called  prior  thereto  for  this  purpose. 
The  question  shall  be  submitted  in  writing  in  the  following  form  in  all 
towns  using  a  printed  ballot. 

Shall  the  town  of  continue  to  maintain  its  ex- 
isting municipal  court  so  long  as  its  present  judge  remains  in  office? 
[Yes(     )             No(     )] 

II.  If  the  town  shall  vote  to  continue  its  municipal  court  at  such 
meeting,  such  vote  shall  be  certified  by  the  town  clerk  to  the  secretary  of 
state  and  the  court  of  that  town  shall  thereafter  continue  to  be  a  municipal 
court  with  all  the  jurisdiction,  powers,  and  duties  of  municipal  courts 
under  RSA  502. 

III.  The  tenure  of  office  of  the  persons  serving  as  justices  and 
special  justices  and  clerks  of  any  municipal  court  thus  continued  by  the 
vote  of  the  town  in  which  it  is  located  shall  continue,  but  upon  the  oc- 
currence of  any  vacancy  in  the  office  of  the  justice  of  any  municipal  court 
so  continued,  such  office  shall  not  be  filled  and  the  municipal  court  in 
that  town  shall  thereafter  be  abolished  and  exclusive  jurisdiction  shall 
thereafter  vest  in  the  district  court  for  the  appropriate  district  as  created 
by  this  chapter. 

502-A:36  Pending  Actions,  How  Transferred.  All  criminal  proceed- 
ings now  pending  before  the  municipal  courts  hereby  abolished  or  here- 
after pending  before  the  district  court  of  any  town  hereafter  abolished 
under  the  provisions  of  section  35  shall  be  transferred  to  the  district  court 
having  jurisdiction  thereof  and  shall  be  heard  and  tried  as  if  originally 
commenced  therein.  All  civil  causes  and  proceedings  pending  before  a 
municipal  court  hereby  abolished  may  be  transferred  by  the  plaintiff, 
without  payment  of  entry  or  other  fees  to  a  district  court  having  juris- 


710  Chapter  331  [1963 

diction  thereof,  to  be  heard  and  tried  as  if  originally  commenced  therein. 
Failure  to  transfer  any  civil  cause  or  proceeding  within  sixty  days  of  the 
effective  date  of  the  abolition  of  the  court  in  which  it  is  pending  shall  be 
deemed  an  abatement  of  such  action.  All  other  records  of  municipal 
courts  hereby  abolished  or  of  district  courts  hereafter  abolished  under 
section  35  shall  be  filed  with  the  secretary  of  state. 

331:2    Superior  Court,   Limitation  on  Jurisdiction  in  Civil  Cases. 

RSA  491:7  (supp)  as  amended  by  Laws  of  1957,  244:6  is  hereby  amended 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
491:7  Jurisdiction.  The  superior  court  shall  take  cognizance  of  civil 
actions  and  pleas,  real,  personal  and  mixed,  according  to  the  course  of 
the  common  law,  except  such  actions  as  are  required  to  be  brought  in 
the  district  courts  under  RSA  502-A;  of  writs  of  mandamus  and  quo  war- 
ranto, and  of  proceedings  in  relation  thereto;  of  bastardy  cases;  of  peti- 
tion and  appeals  relating  to  highways  and  property  taken  therefor  and 
for  other  public  use;  of  appeals  from  probate  courts  and  applications 
therefor;  of  appeals  from  commissioners  of  insolvent  estates;  of  actions 
commenced  in  a  district  court  wherein  the  title  to  real  estate  is  brought 
in  question,  or  which  for  other  reasons  are  transferable  to  the  superior 
court;  of  appeals  from  district  courts  in  cases  where  final  judgment  has 
been  there  rendered;  of  suits  in  equity;  of  petitions  for  divorce,  nullity 
of  marriage,  alimony,  custody  of  children  and  allowance  to  wife  from 
husband's  property  for  support  of  herself  and  children;  of  petitions  for 
new  trials;  of  petitions  for  partition  and  for  the  redemption  and  fore- 
closure of  mortgages;  of  all  other  proceedings  and  matters  to  be  entered 
in,  or  heard  at,  said  court  by  special  provisions  of  law;  and  of  all  other 
proceedings  and  matters  cognizable  therein  for  which  other  special  pro- 
vision is  not  made. 

331:3  Term  of  Office  Terminated.  The  term  of  office  of  any  justice 
or  special  justice  of  any  mimicipal  court  abolished  by  the  terms  of  this 
chapter  shall  terminate  as  of  June  30,  1964,  except  that  the  term  of  office 
of  any  justice  or  special  justice  of  a  municipal  court  continued  by  vote 
of  the  town  under  RSA  502-A: 35  shall  terminate  when  said  court  is  abol- 
ished as  hereinbefore  provided. 

331:4  Appropriations.  Any  town  or  city  wherein  a  district  court  is 
located  shall  make  all  necessary  appropriations  for  the  salaries  of  the 
justice,  special  justice  and  clerk,  if  any,  of  said  court  and  for  any  necessary 
expenses  in  connection  with  said  court,  as  required  by  RSA  502-A,  as 
hereinbefore  inserted. 

331:5  RSA  502  Superseded.  RSA  502  (Supp)  as  amended  by  1955, 
133:1,  182:1,253:1,279:1,296:1,1957,  17:1,  66:1,  83:il,  108:1,  2,  125:1, 
2,  166:3,  175:1,  2,  204:1,  209:1,  2,  277:1,  2,  234:1,  2,  243:1,  244:  1959, 
4:1,  7:1,  19:3,  40:1,  2,  105:1,  212:1,  289:1,  1961,  15:1,  16:1,  67:  82:1, 
124:11,  2,  and  any  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 


1963]  Chapter  332  711 

RSA  502-A  relative  to  district  courts  are  hereby  superseded  by  RSA  502-A 
as  to  all  towns  and  cities  hereafter  served  by  district  courts. 

331:6  Repeal.  RSA  502:20,  21,  33-44,  49,  50  and  51  (supp)  as  in- 
serted by  1957,  244,  are  hereby  repealed. 

331:7  Criminal  Cases.  Amend  RSA  502:18  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  502:18  Criminal  Cases, 
Municipal  Courts.  Municipal  courts  shall  have  the  powers  of  the  justice 
of  the  peace  and  quorum  throughout  the  state,  and  shall  have  original 
jurisdiction,  subject  to  appeal,  of  all  crimes  and  offenses  committed  with- 
in the  confines  of  the  town  wherein  such  courts  are  located,  which  are 
punishable  by  a  fine  not  exceeding  five  hundred  dollars  or  imprisonment 
not  exceeding  one  vear,  or  both. 

331:8  Municipal  Courts.  In  any  town  which  continues  to  be  served 
by  its  municipal  courts  permitted  under  RSA  502-A: 35,  the  provisions 
of  RSA  502  and  any  other  provisions  of  the  Revised  Statutes  Annotated 
pertaining  to  the  jurisdiction,  powers,  and  duties  conferred  upon  munici- 
pal courts  shall  continue  in  force  except  as  otherwise  provided  in  sections 
6  and  7. 

331:9  Bail  Commissioners.  Amend  RSA  597  by  inserting  after  sec- 
tion 15  the  following  new  section:  597:15-a  District  Courts.  District 
courts  upon  petition  by  the  aldermen  of  any  city  or  the  selectmen  of  any 
town  in  the  county  in  which  the  district  is  located  may  appoint  three  or 
more  justices  of  the  peace  and  quorum  as  commissioners  authorized  to 
fix  and  receive  bail  in  criminal  cases  to  be  brought  before  said  courts  as 
hereinafter  provided. 

331:10  Effective  Dates.  Such  provisions  of  RSA  502-A: 40  as  author- 
ize a  town  to  vote  to  retain  its  municipal  court  shall  take  effect  as  of  Janu- 
ary 1,  1964.  The  remaining  provisions  of  this  act  shall  take  effect  as  of 
July  1,  4964. 

[Approved  July  3,  1963.] 

[Effective  date: 

Authority  for  town  to  vote  effective  January  1,  1964 
Remaining  provisions  of  this  act  effective  July  1,  1964.] 


CHAPTER  332. 

AN  ACT  RELATIVE  TO  PURCHASES  OF  LIQUOR  BY  STATE  LIQUOR  COMMISSION. 

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

332:1   State  Liquor  Commission.  Amend  RSA  177  by  inserting  after 
section  4  the  following  new  section:    177:4-a    Liquor  Purchases.    The 


712  Chapter  333  [1963 

commission,  wherever  feasible,  shall  purchase  liquor  manufactured  or 
bottled  in  this  state. 

332:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  5,  1963.] 
[Effective  September  3,  1963.] 


CHAPTER  333. 

AN    ACT   RELATIVE    TO    THE    IMPROVEMENT   OF    HAMPTON    HARBOR   ENTRANCE 

AND  THE  RESTORATION  OF  SAND  LOST  BY  EROSION  ON 

STATE-OWNED  LAND  AT  HAMPTON  BEACH. 

Whereas,  the  United  States  is  considering  a  navigation  project  to 
improve  the  entrance  channel  at  Hampton  Harbor  by  extending  the 
north  jetty  one  thousand  feet,  raising  the  end  of  the  south  jetty,  and 
dredging  an  eight-foot  deep,  one  hundred  fifty  foot  wide  entrance  chan- 
nel, but  may  construct  and  maintain  such  project  only  if  the  state  of  New 
Hampshire  and  its  political  subdivisions,  or  other  local  interest,  share 
in  the  construction  cost  and  make  certain  other  commitments  with  re- 
spect thereto,  including  maintenance  of  (1)  two  public  landings,  (2)  at 
least  twenty-two  acres  of  channels  and  anchorage  six  feet  deep  in  the 
harbor,  (3)  the  existing  entrance  jetties,  (4)  a  channel  with  anchorage 
leading  to  the  public  landing  at  Seabrook,  and  (5)  Seabrook  Beach  if  it 
is  damaged  by  the  improvement;  furnishing  any  lands  needed  and  hold- 
ing the  United  States  free  from  damages  resulting  from  the  improvement, 
and  whereas  the  federal  participation  would  be  at  least  fifty  per  cent  of 
the  estimated  construction  cost  of  three  hundred  five  thousand  dollars; 

Whereas,  the  federal  government  participated  in  a  joint  project 
with  the  state  whereby  storm  damage  sand  losses  were  restored  at 
Hampton  Beach  state  park  in  1955-1956  and  present  federal  laws  provide 
for  assistance  to  the  state  in  the  periodic  nourishment  maintenance  and 
restoration  of  such  beach  projects  for  a  period  of  ten  years  from  the  date 
of  the  first  nourishment  operation,  and  the  federal  government  has  pro- 
posed the  construction  ot  a  groin  two  hundred  thirty-five  feet  long  and 
the  replenishment  of  sand  lost  since  the  original  project  and  will  partici- 
pate to  the  extent  of  fifty  per  cent  of  the  estimated  cost  of  two  hundred 
and  eigjhteen  thousand  dollars; 

Whereas,  the  town  of  Hampton  has  appropriated  twenty  thousand 
dollars  as  its  share  of  the  proposed  harbor  improvement  and  the  construc- 
tion of  the  CToin;  and 

Whereas,  the  state  of  New  Hampshire  is  committed  in  its  agreement 
with  the  federal  government  in  the  1955-56  project  to  satisfactorily  main- 


1963]  Chapter  333  713 

tain  the  beach  through  periodic  sand  renourishment  and  whereby  it  is 
estimated  that  twenty-two  thousand  cubic  yards  have  been  lost  per  year 
for  the  last  seven  years  at  an  estimated  replacement  cost  of  one  hundred 
ninety-two  thousand  five  hundred  dollars; 

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

333:1  New  Chapter.  Amend  RiSA  by  inserting  after  RSA  216-A 
(supp)  as  inserted  by  11961,  263  the  following  new  chapter: 

Chapter  216-B 

Hampton  Harbor  Channel  and 
Beach  Erosion  Control 

216-B:  1  Authority.  The  governor  with  the  advice  of  the  council  is 
hereby  authorized  and  empowered  to  undertake  in  cooperation  with  the 
Corps  of  Engineers,  United  States  Army,  a  project  to  improve  navigation 
in  the  entrance  to  Hampton  Harbor  together  with  a  corrective  project 
to  restore  damaged  beach  areas  resulting  from  coastal  erosion  on  Hamp- 
ton Beach  between  Great  Boar's  Head  and  Hampton  River.  The  governor, 
with  the  advice  of  the  council,  is  further  authorized  and  empowered  to 
act  in  behalf  and  for  the  town  of  Hampton  and  the  town  of  Seabrook  and 
other  public  local  interests  as  may  be  required  in  the  construction  of  the 
cooperative  projects.  Provided,  however,  that  no  action  shall  be  taken 
under  the  authority  hereof  except  upon  a  finding  by  the  governor  and 
council  that  federal  funds  will  be  made  available  for  the  projects  herein 
described  and  upon  a  determination  that  the  state  expenditure  with  re- 
spect to  such  projects  is  economically  justified. 

216-B:2  Federal  Assistance.  The  governor  and  council  are  hereby 
authorized  to  cooperate  with  and  enter  into  agreements  with  the  federal 
government,  or  any  agency  thereof,  as  they  may  deem  advisable  to  secure 
federal  funds  for  the  purposes  hereof  and  further  to  render  such  assur- 
ances to  the  federal  government  on  behalf  of  the  state  as  the  federal  gov- 
ernment may  require,  including  but  not  limited  to,  an  assurance  that 
the  state  of  New  Hampshire  will  hold  and  save  the  United  States  free 
from  all  claims  for  damages  that  may  arise  before,  during  or  after  prosecu- 
tion of  the  work. 

216-B:3  Construction.  It  is  anticipated  that  the  Corps  of  Engineers 
will  undertake  and  supervise  the  construction  of  the  cooperative  projects. 
Such  direction  and  supervision  of  the  construction  of  the  navigational 
and  beach  improvement  projects  as  may  be  required  of  the  state  shall  be 
by  the  commissioner  of  public  works  and  highways. 

216-B:4  Operation  and  Maintenance.  Upon  completion  of  the  proj- 
ect as  herein  provided,  the  federal  government  will  assume  the  main- 


714  Chapter  333  [1963 

tenance  of  the  harbor  entrance  channel  and  facilities.  The  operation  and 
management  of  the  harbor  improvement  project  shall  be  under  the 
supervision  of  the  New  Hampshire  port  authority  and  the  supervision 
and  maintenance  of  the  beach  replenishment  project  shall  be  by  the 
division  of  parks  as  provided  by  existing  statute. 

216-B:5  Contracts  for  Construction.  Any  contracts  by  the  state  shall 
be  administered  by  the  commissioner  of  public  works  and  highways  in 
accordance  with  RSA  228  as  amended. 

216-B:6  Agency  to  Negotiate.  The  agency  authorized  to  negotiate 
and  cooperate  in  engineering  studies  and  construction  with  the  United 
States  through  the  Corps  of  Engineers  shall  be  the  department  of  public 
works  and  highways.  The  commissioner  of  public  works  and  highways  is 
hereby  ordered,  directed  and  empowered  to  take  the  necessary  steps  in 
relation  to  securing  and  coordinating  engineering  and  other  information 
attendant  to  implementing  the  projects  provided  herein  in  order  to  pro- 
vide the  governor  and  council  with  information  to  carry  out  the  provisions 
of  this  act.  The  cost  of  required  studies  shall  be  a  charge  against  the  ap- 
propriations hereinafter  provided  for  the  purposes  of  this  project. 

333:2  Funds  Provided.  The  sum  of  three  hundred  fifty  thousand 
dollars  is  hereby  appropriated  for  the  purpose  of  carrying  into  effect  the 
provisions  of  this  act,  including  engineering  and  construction  costs.  Pro- 
vided, that  none  of  the  funds  hereby  appropriated  shall  be  expended 
unless  the  town  of  Hampton  shall  have  paid  over  to  the  state  for  expendi- 
ture by  the  governor  and  council  for  the  purpose  of  RSA  216-B  and  as 
the  share  of  the  cost  of  said  town  of  the  beach  erosion  project  the  sum  of 
twenty  thousand  dollars. 

333:3  Bond  Issue  Authorized.  To  provide  funds  for  the  appropria- 
tion made  in  section  2,  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  three  hundred  fifty  thousand  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  the  general  fund.  Monies  received  from  the 
bond  issue  are  to  be  expended  under  the  direction  of  the  commissioner 
of  public  works  and  highways. 

333:4  Form;  Proceeds  of  Sale.  The  governor  and  council  shall  de- 
termine the  form  of  such  bonds  or  notes,  their  rate  of  interest,  the  dates 
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  under  the 
direction  of  the  governor  and  council.  The  governor  is  authorized  to 


1963]  Chapter  334  715 

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. 

333:5  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, 

333:6  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,  how- 
ever, that  at  no  time  shall  the  indebtedness  of  the  state  on  such  short-term 
notes  exceed  the  sum  of  three  hundred  fifty  thousand  dollars. 

333:7  Federal  Participation.  Any  funds  received  from  the  federal 
government  as  its  share  of  the  cost  of  the  project  authorized  in  section  1 
shall  be  credited  to  the  general  fund. 

333:8  Takes  Effect.  This  act  shall  take  effect  -sixty  days  after  its 
passage. 

[Approved  July  5,  1963.] 
[Effective  September  3,  1963.] 


CHAPTER  334. 

AN  ACT  ESTABLISHING  A  STATE-WIDE  LIBRARY  DEVELOPMENT  PROGRAM. 

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

334:1  Libraries.  Amend  RSA  by  inserting  after  chapter  201 -B  (supp) 
as  inserted  by  1963,  106,  the  following  new  chapter: 

Chapter  201-C 

Library  Development  Program 

201-C:  1  Declaration  of  Purpose.  In  order  to  provide  more  effective 
and  economical  library  service  for  all  the  people  of  New  Hampshire, 
it  is  hereby  declared  to  be  in  the  public  interest  to  provide  both  the  in- 
centive and  the  means  by  which  local  libraries  can  become  part  of  a  state- 
wide system  of  cooperative  library  service  without  impairing  the  princi- 
ples of  self  help  and  local  control. 


716  Chapter  334  [1963 

201-C:2  Library  Districts.  The  state  shall  be  divided  into  four 
library  districts  and  such  additional  districts  as  the  state  library  commis- 
sion may  determine  are  required.  Each  library  district  shall  be  composed 
of  service  center  libraries  and  affiliated  libraries.  The  state  library  com- 
mission shall  establish  the  geographical  boundaries  of  each  library  district. 

201-C:3  Advisory  Council.  Each  library  district  shall  have  an  ad- 
visory council  consisting  of  one  representative  from  each  library  in  the 
district  which  has  voted  to  participate  in  the  system. 

201-C:4  Election.  The  board  of  trustees  of  any  participating  library 
shall  elect  the  representative  to  serve  on  the  advisory  council.  Said  rep- 
resentative may  be  a  librarian,  a  member  of  the  board  of  library  trustees 
or  any  other  person  and  shall  be  chosen  for  a  term  of  three  years. 

201-C:5  Duties.  The  advisory  council  shall 

I.  Serve  as  the  policy  making  body  for  the  district  within  the  limits 
of  its  authority; 

II.  Develop  a  program  of  services; 

III.  Provide  liaison  among  member  towns,  other  districts  and  the 
state,  and 

IV.  Make  recommendations  to  the  state  library  commission  relative 
to  (a)  qualifications  for  state  aid  to  local  libraries  (b)  new  services  to  be 
made  available  in  the  district  and  (c)  the  location  of  libraries  as  service 
centers. 

201-C:6  Affiliated  Libraries.  Any  library  in  the  state  may  become 
an  affiliated  library  upon  request  to  the  state  library  commission.  An 
affiliated  library  shall  be  a  member  of  the  district  library  system  and  shall 
provide  resources  and  services  to  meet  the  most  frequent  needs  of  its 
community. 

201-C:7  State  Aid.  Any  affiliated  library  participating  in  the  district 
system  and  demonstrating  to  the  satisfaction  of  the  state  library  commis- 
sion ability  to  give  adequate  local  library  service  shall  be  eligible  to  re- 
ceive state  aid  in  the  amount  of  one  hundred  dollars  annually  as  an  out- 
right grant  to  be  used  for  improving  the  libraries'  reference  collection; 
plus  additional  state  aid  annually  in  the  form  of  dollar-for-dollar  match- 
ing grants,  to  be  used  for  the  purchase  of  books  and  related  materials. 

201-C:8  Service  Centers.  An  affiliated  library  may  be  designated  a 
service  center  for  the  purpose  of  providing  improved  book  collections  and 
other  library  services  for  neighboring  communities.  These  centers  shall 
be  located  in  all  sections  of  the  state.  Any  affiliated  library  may  apply, 
through  its  board  of  trustees,  to  the  state  library  commission  for  authority 
to  become  a  service  center  library.  Upon  receipt  of  such  application  the 
state  library  commission  shall  forward  the  application  to  the  appropriate 


1963]  Chapter  334  717 

library  district  for  recommendation  from  its  advisory  council  as  to  whether 
approval  should  be  granted  as  to  the  location  of  the  service  center. 

201 -C:9  Approval  by  the  State  Library  Commission.  No  service 
center  library  shall  be  established  unless  the  district  advisory  council  has 
so  recommended  and  it  has  met  the  requirements  which  the  state  library 
commission  shall  prescribe  for  a  service  center  library. 

201 -C:  10  State  Aid  to  Service  Center  Libraries.  Any  service  center 
library  shall  be  eligible  to  receive  state  aid  in  the  form  of  grants,  varying 
in  amount  with  the  population  to  be  served.  The  town  or  city  in  which 
the  service  center  library  is  located  must  agree  to  match  the  grant,  dollar- 
for-dollar,  for  book  expenditures.  Grants  to  service  center  libraries  shall 
be  used  for  the  purpose  of  strengthening  book  resources,  or  for  services 
essential  to  the  operation  of  the  service  center  library.  The  state  library 
commission  shall  be  the  judge  of  the  services  essential  to  the  operation 
of  the  service  center  library.  To  qualify  for  this  assistance  (up  to  five  hun- 
dred dollars  annually)  the  Affiliated  Library  will  be  expected  to  partici- 
pate in  the  development  program,  to  issue  and  honor  borrowers'  cards 
valid  statewide,  to  maintain  its  book  budget  at  or  above  the  level  existing 
when  it  joined  the  plan,  and  to  demonstrate  its  ability  to  provide  ade- 
quate library  service. 

201-C:11  General  Provisions.  In  cities  and  towns  where  there  are 
two  or  more  libraries  with  separate  boards  of  library  trustees  only  one 
grant  shall  be  made  for  the  libraries,  on  the  basis  of  population  to  be 
served.  The  state  library  commission  may  make  an  additional  grant  to 
the  libraries  of  such  cities  and  towns  with  separate  library  boards  where 
the  services  and  resources  are  coordinated  in  a  cooperative  system  ap- 
proved by  the  commission. 

201-C:12  Contracts  Between  Towns.  Any  town  in  the  state  which 
does  not  have  a  public  library  may  contract  with  any  neighboring  town 
or  city  for  library  service  to  be  furnished  to  inhabitants  of  said  first  town. 
In  case  a  town  by  majority  vote  votes  to  so  enter  into  contract  for  library 
services  said  town  shall  raise  and  appropriate  sufficient  money  to  carry 
out  the  provisions  of  such  contract.  The  town  or  city  providing  library 
service  shall  be  eligible  for  the  state  aid  of  the  contracting  town.  The 
inhabitants  of  said  first  town  shall  be  eligible  for  all  privileges  of  the 
district  library  system. 

201-C:13  Optional  Provisions.  Any  school  or  college  or  private  li- 
brary in  the  state  may  cooperate  for  mutual  progress  and  better  service 
to  the  public  by  participating  in  the  district  library  system  and  towns 
and  cities  are  authorized  to  raise  and  appropriate  such  sums  of  money  as 
may  be  deemed  necessary  to  provide  such  service.  A  school  or  college  or 
private  library  may  be  designated  a  service  center  library  and  shall  be 
eligible  for  a  service  center  library  grant  when  in  the  opinion  of  the  state 
library  commission  it  will  improve  the  state-wide  library  system. 


718  Chapter  334  [1963 

201-C:14  Borrower's  Card.  All  participating  libraries  shall  agree  to 
loan  circulating  books  and  related  materials  to  any  person  holding  a  bor- 
rower's card  issued  by  any  one  of  the  participating  libraries.  Said  libraries 
shall  also  agree  to  the  system  of  book  returns  which  is  adopted  by  the 
majority  of  the  participating  libraries. 

201-C:15  Centralized  Services.  The  state  library  commission  shall 
within  the  limits  of  its  appropriation  provide  centralized  purchasing  and 
cataloging  for  the  benefit  of  all  libraries  in  the  state-wide  library  system 
and  such  other  services  which  in  the  opinion  of  the  state  library  commis- 
sion can  be  performed  more  economically  by  the  state  than  by  the  district 
or  affiliated  libraries. 

201-C:16  Staff.  The  state  library  commission,  within  the  limits  of 
the  appropriation  provided  therefor,  shall  employ  the  necessary  personnel 
for  each  district,  but  shall  have  no  control  over  selection  of  personnel  for 
service  centers  and  affiliated  libraries. 

201-C:17  Duties  of  Staff.  The  staff  of  each  library  district  shall  assist 
the  advisory  council  of  the  district  and  libraries  within  the  district  coop- 
erating in  the  system,  to  improve  local  service  when  requested  by  the 
local  library,  encourage  cooperation  among  local  libraries  and  provide 
professional  leadership  for  the  district. 

201 -C:  18  Rules  and  Regulations.  The  state  library  commission  is 
authorized  to  make  rules  and  regulations  to  carry  out  the  general  pur- 
poses of  the  act,  and  for  the  amount  of  grants  and  minimum  qualifications 
for  such  aid  to  affiliated  libraries  and  service  center  libraries,  and  for  the 
establishment  of  service  center  libraries. 

201-C:19  Acceptance  of  Federal  Funds.  The  state  library  commis- 
sion is  hereby  authorized  and  empowered  to  receive,  accept  and  adminis- 
ter any  money  granted  by  the  federal  government  or  other  agencies,  pri- 
vate or  otherwise,  for  the  purpose  of  library  development  program.  Any 
such  federal  funds  or  other  source  as  hereinbefore  provided  shall  be  de- 
posited in  the  state  treasury  and  credited  to  the  public  library  develop- 
ment fund  established  by  RSA  201-C:20.  Any  moneys  so  deposited  shall 
be  paid  out  by  the  treasurer  on  a  warrant  of  the  governor  for  the  purpose 
of  RSA  201-C. 

201-C:20  Public  Library  Development  Fund.  There  is  hereby 
established  in  the  state  treasury  a  separate  fund  to  be  known  as  the  public 
library  development  fund.  There  shall  be  credited  to  said  fund  any  grants 
from  the  federal  government  or  other  agencies,  private  or  otherwise,  and 
also  any  funds  appropriated  by  the  general  court  for  the  purposes  of  this 
chapter.  Said  fund  shall  be  distributed  as  hereinbefore  provided  in  the 
form  of  grants  to  service  centers  and  affiliated  libraries. 

201-C:21  Library  Construction  Fund.  The  state  library  commission 
is  authorized  to  accept  funds  from  the  federal  government  which  may  be 


1963]  Chapter  335  719 

made  available  as  grants  for  construction  of  public  libraries.  Such  funds 
shall  be  kept  in  the  state  treasury  as  a  separate  fund  and  shall  be  dis- 
tributed by  the  state  library  commission  to  such  towns  as  meet  the  federal 
requirements  for  such  grants.  The  state  library  commission  is  authorized 
to  adopt  such  rules  and  regulations  relative  hereto  as  may  be  necessary 
for  the  acceptance  and  distribution  of  such  grants. 

334:2  Administration.  In  order  to  administer  the  provisions  of  RSA 
201-C  and  to  perform  such  other  related  duties  as  are  required,  the  state 
library  commission  is  hereby  authorized  to  employ  the  following  addi- 
tional permanent  assistants;  a  director  of  extension  and  library  develop- 
ment and  a  clerk  II;  for  each  library  district,  a  district  consultant  and  a 
clerk-stenographer  II;  for  the  state  library  for  purchasing  and  cataloging 
books  for  the  development  program  an  assistant  catalog  librarian,  a  ma- 
chine operator  and  a  clerk  typist  I. 

334:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  5,  1963.] 
[Effective  September  3,  1963.] 


CHAPTER  335. 

JOINT  RESOLUTION  RELATIVE  TO  THE  INTERIM  COMMISSION  ON  EDUCATION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  time  within  which  the  interim  commission  on  education  is  to 
make  its  final  report  and  submit  drafts  of  proposed  legislation,  as  set  forth 
in  1961,  291,  is  hereby  extended  for  a  period  of  sixty  days  from  the  date 
of  passage  of  this  resolution. 
[Approved  January  10,  1963.] 


CHAPTER  336. 

JOINT  RESOLUTION  RELATING  TO  THE  ESTATE  OF  PATRICK  N.  H.  O'yORK. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  state  treasurer  be  and  hereby  is  instructed  to  pay  to  the 
estate  of  Patrick  N.  H.  O'York  the  salary  due  said  decedent  as  a  member 
of  the  House  of  Representatives. 
[Approved  January  31,  1963.] 


720  Chapter  337  [1963 

CHAPTER  337. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  EDWARD  W.  MORRIS. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  state  treasurer  be  and  here'by  is  directed  to  pay  to  the 
estate  of  Edward  W.  Morris  of  Manchester  the  salary  due  said  decedent 
as  a  member  of  the  house  of  representatives. 
[Approved  February  6,  1963.] 


CHAPTER  338. 

JOINT  RESOLUTION  IN  FAVOR  OF  LUCILLE  M.  WEBB. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  fifteen  hundred  dollars  is  hereby  appropriated  to 
reimburse  Lucille  M.  Webb  for  hospital  and  medical  expenses  and  other 
losses  due  to  injury  at  Hampton  Beach  on  April  19,  1961.  The  payment 
of  this  sum  is  in  full  and  final  settlement  of  any  and  all  claims  arising 
out  of  said  injury.  The  appropriation  hereunder  shall  be  a  charge  on 
the  recreation  fund. 

[Approved  February  25,  1963.] 


CHAPTER  339. 

JOINT  RESOLUTION  IN  FAVOR  OF  MARK  GRANITE. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  forty-five  dollars  is  hereby  appropriated  to  be  paid 
to  Mark  Granite  of  Lancaster,  N.  H.,  to  repay  him  for  head  taxes  paid 
after  his  seventieth  birthday  which  was  on  September  17,  1952.  The  gov- 
ernor is  authorized  to  draw  his  warrant  for  the  sum  hereby  appropriated 
out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  March  21,  1963.] 
[Effective  date  March  21,  1963.] 


1963]  Chapter  340  721 

CHAPTER  340. 

JOINT  RESOLUTION  IN  FAVOR  OF  HARRY  L.  HURLBERT. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  six  hundred  twenty-six  dollars  and  eighteen  cents 
for  the  fiscal  year  ending  June  30,  1964  and  a  like  sum  for  the  fiscal  year 
ending  June  30,  1965  be  and  hereby  are  appropriated  to  provide  funds 
for  Harry  L.  Hurlbert  in  recognition  of  his  having  become  disabled  due 
to  an  accident  occurring  in  1947,  while  on  active  duty  for  the  fish  and 
game  department,  the  resulting  disability  having  become  acute  during 
the  year  1955.  The  sums  hereby  appropriated  shall  be  expended  by  the 
fish  and  game  department  to  said  former  employee  in  such  installments  as 
it  may  determine  and  said  sums  shall  be  charges  upon  the  fish  and  game 
fund. 
[Approved  March  27,  1963.] 


CHAPTER  341. 

JOINT  RESOLUTION  IN  FAVOR  OF  JOSEPH  W,  RYAN. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  eleven  hundred  and  ninety-six  dollars  is  hereby 
appropriated  to  reimburse  Joseph  W.  Ryan  of  Richmond  in  full  and  as 
final  payment  for  damages  sustained  by  him  as  a  result  of  his  well  becom- 
ing contaminated  by  the  seepage  of  salt  draining  into  said  well  from  an 
abutting  highway,  to  wit,  Route  No.  119,  which  had  been  treated  with 
salt  in  connection  with  snow  removal  operations  by  the  highway  depart- 
ment. The  sum  hereby  appropriated  shall  be  a  charge  on  the  highway 
funds. 
[Approved  March  29,  1963.] 


CHAPTER  342. 

JOINT    RESOLUTION    PROVIDING    FUNDS    FOR    PAYMENT    OF    THE    EXPENSES    OF 

BINDING  AND  DISTRIBUTING  THE  JOURNAL  OF  THE  1959  SESSION 

OF  THE  CONSTITUTIONAL  CONVENTION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  seventeen  hundred  and  fifty  dollars  is  hereby  appro- 
priated to  be  expended  through  the  office  of  the  comptroller  for  the  pay- 


722  Chapter  343  [1963 

ment  of  the  expenses  of  binding  and  distributing  the  journal  of  the  pro- 
ceedings of  the  session  of  the  constitutional  convention  held  in  1959. 
The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby  ap- 
propriated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  April  2,  1963.] 


CHAPTER  343. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  NEW  HAMPSHIRE  VETERANS  ASSOCIATION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  fifteen  hundred  dollars  for  the  fiscal  year  ending 
June  30,  1964,  and  a  like  sum  for  the  fiscal  year  ending  June  30,  1965, 
are  hereby  appropriated  for  the  New  Hampshire  Veterans  Association 
for  the  purpose  of  repairs  and  maintenance  of  the  buildings  and  grounds 
of  said  association  at  The  Weirs.  The  governor  is  authorized  to  draw  his 
warrant  for  the  sums  hereinabove  appropriated  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 
[Approved  April  5,  1963.] 


CHAPTER  344. 

JOINT  RESOLUTION  RELATIVE  TO  THE  RUSSIAN-JAPANESE  FUND. 

Whereas,  the  Union  of  Soviet  Socialist  Republics  has  not  recognized 
the  validity  of  ten  thousand  dollars  principal  amount  of  Russian  Bonds, 
with  interest  thereon  since  September  1916,  purchased  on  February  12, 
1906  with  funds  in  the  amount  of  ten  thousand  dollars  presented  by  the 
Russian  Government  to  His  Excellency  John  McLane,  Governor  of  The 
State  of  New  Hampshire,  at  the  conclusion  of  the  Treaty  of  Portsmouth, 
and 

Whereas,  the  present  Japanese  Government  has  recognized  the 
validity  of  ten  thousand  dollars  principal  amount  of  Imperial  Japanese 
Government  Bonds,  with  interest  thereon,  with  maturity  dates  extended 
to  May  1,  1975,  purchased  on  or  about  October  26,  1905  with  funds  in 
the  amount  of  ten  thousand  dollars  presented  by  the  Imperial  Japanese 
Government  to  His  Excellency  John  McLane,  Governor  of  The  State  of 
New  Hampshire,  at  the  conclusion  of  the  Treaty  of  Portsmouth,  and 

Whereas,  the  Trustees,  under  the  provisions  of  Laws  of  1907,  chap- 
ter 101,  have  administered  such  funds  under  the  name  of  the  "Russian- 


1963]  Chapter  345  723 

Japanese  Fund"  for  charitable  purposes  within  the  State  of  New  Hamp- 
shire, now  therefore  be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  all  funds  in  the  hands  of  the  Trustees  of  the  "Russian-Japanese 
Fund"  shall  hereafter  be  administered  under  the  name  of  the  "Japanese 
Charitable  Fund". 
[Approved  April  5,  1963.] 


CHAPTER  345. 

JOINT  RESOLUTION  IN  FAVOR  OF  PHILIP  E.  JOHNSON. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  nine  hundred  and  eighty  four  dollars  is  hereby 
appropriated  to  reimburse  Philip  E.  Johnson  of  Milan  for  damages  sus- 
tained by  him  as  a  result  of  his  well  becoming  contaminated  by  the  seep- 
age of  salt  draining  into  said  well  from  an  abutting  highway,  to  wit. 
Route  HOB,  which  had  been  treated  with  salt  in  connection  with  snow 
removal  operations  by  the  highway  department.  The  sum  hereby  appro- 
priated shall  be  a  charge  on  the  highway  funds  and  shall  be  a  complete 
and  final  settlement. 
[Approved  April  23,  1963.] 


CHAPTER  346. 

JOINT  RESOLUTION  VALLEY  FORGE  MEMORIAL. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  sum  of  one  thousand  dollars  is  hereby  appropriated  to  be  ex- 
pended for  the  purpose  of  providing  a  memorial  to  the  New  Hampshire 
residents  who  served  at  Valley  Forge  during  the  Revolutionary  War.  The 
expenditure  of  the  funds  hereby  provided  shall  be  by  the  state  historical 
commission  which  commission  shall  determine  the  design  of  the  memorial 
and  any  other  matters  concerned  with  the  purposes  of  this  resolution, 
taking  into  consideration  the  fact  that  other  states  are  contributing 
moneys  for  the  establishment  of  like  memorials  at  Valley  Forge,  Pennsyl- 


724  Chapter  347  [1963 

vania.  The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  2,  1963.] 


CHAPTER  347. 

JOINT  RESOLUTION  PROVIDING  SUPPLEMENTAL  APPROPRIATION 
FOR  SCHOOL  BUILDING  AID. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  sixty-seven  thousand  sixty-seven  dollars  and  twelve 
cents  is  hereby  appropriated  for  the  fiscal  year  ending  June  30,  1963,  to 
be  expended  by  the  state  board  of  education  to  meet  the  deficit  in  the 
appropriation  for  carrying  out  the  provisions  of  RSA  198:15-a,  annual 
grant  for  the  payment  of  debt  service  for  school  construction.  The  gover- 
nor is  authorized  to  draw  his  warrant  for  the  sum  hereby  appropriated 
out  of  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  2,  1963.] 


CHAPTER  348. 

JOINT  RESOLUTION  PROVIDING  FOR  A  DEFICIENCY  APPROPRIATION 
FOR  THE  STATE  HOSPITAL. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  thirty-eight  thousand  seven  hundred  fifty-eight 
dollars  and  fifteen  cents  is  hereby  appropriated  for  the  fiscal  year  ending 
June  30,  1963,  for  the  state  hospital,  said  sum  being  in  replacement  of 
monies  expended  by  the  hospital  in  the  operation  of  its  children's  wards. 
The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby  ap- 
propriated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  10,  1963.] 


CHAPTER  349. 

JOINT  RESOLUTION  RELATIVE  TO  AN  INVENTORY  OF  REAL  PROPERTY 
OWNED  BY  THE  STATE. 

Whereas,  from  time  to  time  the  state  has  acquired  real  property  by 
purchase,  eminent  domain,  gift  and  otherwise,  and  now  holds  a  large 
amount  of  such  real  property;  and 


1963]  Chapter  350  725 

Whereas,  there  exists  no  complete  and  consolidated  inventory  of 
such  real  property;  and 

Whereas,  such  an  inventory  ought  to  be  made  in  order  that  the 
general  court  may  be  apprised  of  the  nature  and  extent  of  the  land  held 
by  the  state  and  the  purposes  for  which  each  of  the  several  tracts  or  parcels 
is  held  and  used;  now  therefore  be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  comptroller  is  hereby  directed  to  make,  and  keep  current 
as  hereinafter  provided,  an  inventory  of  all  real  property  owned  or  held 
by  the  state,  whether  outright  or  in  trust,  excluding,  however,  lands  or 
rights  in  land  acquired  for  highway  rights-of-way.  Such  inventory  shall 
show  the  location  of  each  tract  of  land  and  a  description  thereof  in  terms 
sufficient  to  identify  it,  although  deed  descriptions  need  not  be  used 
unless  the  property  can  be  identified  in  no  other  way.  Reference  will  be 
made  to  the  record  of  the  title  of  each  tract  by  deed  reference  or  other 
convenient  way  and  the  method  of  acquisition  will  be  indicated.  Im- 
provements will  be  described,  and  the  extent  of  each  tract  will  be  stated. 
The  purpose  for  which  each  tract  was  acquired  shall  be  set  forth,  as  well 
as  the  use  to  which  the  same  is  currently  put.  Each  department  and  agency 
of  the  state,  including  the  University  of  New  Hampshire,  having  real 
property  under  its  jurisdiction  shall  cooperate  with  the  comptroller  in 
the  preparation  and  revisions  of  said  inventory,  and  shall  furnish  him 
such  information  concerning  such  real  property  as  he  shall  request.  Such 
inventory  shall  be  completed  on  or  before  January  1,  1965,  and  shall  be 
revised  and  made  current  by  the  comptroller  from  time  to  time  at  inter- 
vals not  exceeding  two  years.  The  inventory  and  the  revisions  thereof 
shall  be  filed  and  retained  in  the  office  of  the  secretary  of  state,  and  copies 
thereof  shall  be  filed  with  the  governor,  the  president  of  the  senate  and 
speaker  of  the  house. 
[Approved  May  10,  1963.] 


CHAPTER  350. 

JOINT  RESOLUTION  IN  FAVOR  OF  BERTHA  F.  MASSON  OF  MANCHESTER. 

Whereas,  the  funds  for  payment  of  World  War  I  bonus  have  been 
exhausted,  and 

Whereas,  Bertha  F.  Masson  of  Manchester  has  submitted  docu- 
mentary evidence  that  she  is  the  widow  of  Leon  Joseph  Masson,  and  is 
entitled  to  bonus  payment  for  service  in  World  War  I,  now  therefore 
be  it 


726  Chapter  351  [1963 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  one  hundred  dollars  is  hereby  appropriated  to  be 
paid  to  Bertha  F.  Masson  of  Manchester  as  the  widow  of  Leon  Joseph 
Masson  who  served  during  World  War  I  from  May  13,  1918  to  September 
12,  1919.  Said  sum  shall,  upon  warrant  of  the  governor,  be  paid  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  10,  1963.] 


CHAPTER  351. 

JOINT  RESOLUTION  IN  FAVOR  OF  ALBERT  E.  JONES  AND  THERESA  JONES. 

Whereas,  as  a  result  of  the  reconstruction  of  route  102  and  the  win- 
ter maintenance  of  said  reconstructed  route,  and  as  a  result  of  the  con- 
struction of  an  interchange  between  interstate  route  93  and  said  route 
102,  the  real  estate  in  Londonderry  belonging  to  Albert  E.  Jones  and 
Theresa  Jones  has  been  damaged  and  rendered  unfit  for  the  purposes  to 
which  heretofore  put  by  its  owners;  and 

Whereas,  the  inflicting  of  such  damages  constitutes  a  constructive 
taking  of  said  real  estate  for  public  purposes  by  the  state;  now,  therefore, 
be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  commissioner  of  public  works  and  highways  is  hereby 
authorized  and  directed  to  purchase  said  real  estate  in  the  name  of  the 
state,  provided  that  the  owners  thereof  will  accept  the  sum  of  eleven  thou- 
sand five  hundred  dollars  therefor,  such  sum  to  include  full  settlement 
and  discharge  of  any  and  all  claims  which  said  owners  may  have  against 
the  state  to  the  date  of  purchase.  The  sum  of  eleven  thousand  five  hun- 
dred dollars  is  hereby  appropriated  for  the  purposes  hereof,  such  appro- 
priation to  be  a  charge  upon  the  highway  fund.  Upon  acquisition  of  said 
real  estate  the  commissioner  of  public  works  and  highways,  acting  in 
behalf  of  the  state,  may  sell  all  or  a  portion  of  said  real  estate  at  public 
auction  upon  such  notice,  terms  and  conditions  as  the  governor  and  coun- 
cil shall  approve,  and  the  proceeds  of  such  sale,  less  the  cost  and  expenses 
thereof,  shall  be  paid  into  the  highway  fund. 
[Approved  May  17,  1963.] 


1963]  Chapter  352  727 

CHAPTER  352. 

JOINT  RESOLUTION  IN  FAVOR  OF  ARTHUR  WEBSTER  AND  HELEN  WEBSTER. 

Whereas,  as  a  result  of  the  reconstruction  of  route  102  and  the  win- 
ter maintenance  of  said  reconstructed  route,  and  as  a  result  of  the  con- 
struction of  an  interchange  between  interstate  route  93  and  said  route 
102,  the  real  estate  in  Londonderry  belonging  to  Arthur  Webster  and 
Helen  Webster  has  been  damaged  and  rendered  unfit  for  the  purposes  to 
which  heretofore  put  by  its  owners;  and 

Whereas,  the  inflicting  of  such  damages  constitutes  a  constructive 
taking  of  said  real  estate  for  public  purposes  by  the  state;  now,  therefore, 
be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  commissioner  of  public  works  and  highways  is  hereby  au- 
thorized and  directed  to  purchase  said  real  estate  in  the  name  of  the  state, 
provided  that  the  owners  thereof  will  accept  the  sum  of  nine  thousand 
five  hundred  dollars  therefor,  such  sum  to  include  full  settlement  and 
discharge  of  any  and  all  claims  which  said  owners  may  have  against  the 
state  to  the  date  of  purchase.  The  sum  of  nine  thousand  five  hundred 
dollars  is  hereby  appropriated  for  the  purposes  hereof,  such  appropriation 
to  be  a  charge  upon  the  highway  fund.  Upon  acquisition  of  said  real 
estate  the  commissioner  of  public  works  and  highways,  acting  in  behalf 
of  the  state,  may  sell  all  or  a  portion  of  said  real  estate  at  public  auction 
upon  such  notice,  terms  and  conditions  as  the  governor  and  council  shall 
approve,  and  the  proceeds  of  such  sale,  less  the  cost  and  expenses  thereof, 
shall  be  paid  into  the  highway  fund. 
[Approved  May  17,  1963.] 


CHAPTER  353. 

JOINT  RESOLUTION  IN  FAVOR  OF  CHANEL  L.  LAVOIE. 

Whereas,  as  a  result  of  the  reconstruction  of  route  102  and  the  win- 
ter maintenance  of  said  reconstructed  route,  and  as  a  result  of  the  con- 
struction of  an  interchange  between  interstate  route  93  and  said  route 
102,  the  real  estate  in  Londonderry  belonging  to  Chanel  L.  Lavoie  has 
been  damaged  and  rendered  unfit  for  the  purposes  to  which  heretofore 
put  by  its  owner;  and 

Whereas,  the  inflicting  of  such  damages  constitutes  a  constructive 
taking  of  said  real  estate  for  public  purposes  by  the  state;  now,  therefore, 
be  it 


728  Chapter  354  [1963 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  commissioner  of  public  works  and  highways  is  hereby 
authorized  and  directed  to  purchase  said  real  estate  in  the  name  of  the 
state,  provided  that  the  owner  thereof  will  accept  the  sum  of  seven  thou- 
sand five  hundred  dollars  therefor,  such  sum  to  include  full  settlement 
and  discharge  of  any  and  all  claims  which  said  owner  may  have  against 
the  state  to  the  date  of  purchase.  The  sum  of  seven  thousand  five  hundred 
dollars  is  hereby  appropriated  for  the  purposes  hereof,  such  appropriation 
to  be  a  charge  upon  the  highway  fund.  Upon  acquisition  of  said  real  estate 
the  commissioner  of  public  works  and  highways,  acting  in  behalf  of  the 
state,  may  sell  all  or  a  portion  of  said  real  estate  at  public  auction  upon 
such  notice,  terms  and  conditions  as  the  governor  and  council  shall  ap- 
prove, and  the  proceeds  of  such  sale,  less  the  cost  and  expenses  thereof, 
shall  be  paid  into  the  highway  fund. 
[Approved  May  17,  1963.] 


CHAPTER  354. 

JOINT  RESOLUTION  IN  FAVOR  OF  FRED  REED  AND  ESTHER  REED. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  eight  hundred  dollars  is  hereby  appropriated  to 
reimburse  Fred  Reed  and  Esther  Reed  of  Allenstown  for  the  cost  of  a 
garage,  driveway  and  culvert  pipes,  which  expense  was  caused  by  the 
revocation  of  two  driveway  permits  issued  in  error  by  the  department  of 
public  works  and  highways.  The  payment  of  this  sum  is  in  full  and  final 
settlement  of  said  claim.  The  appropriation  made  hereunder  shall  be  a 
charge  on  the  highway  funds. 
[Approved  May  24,  1963.] 


CHAPTER  355. 

JOINT  RESOLUTION  IN  FAVOR  OF  ROLAND  LAPERLE. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  two  hundred  and  fifty  dollars  is  hereby  appropri- 
ated to  reimburse  Roland  LaPerle  for  damages  to  a  water  pipe  sustained 
following  the  construction  by  the  state  of  a  storm  sewer  in  the  town  of 


1963]  Chapter  356  729 

Stewartstown.  The  payment  of  this  sum  is  in  full  and  final  settlement  of 
any  and  all  claims  arising  out  of  said  storm  sewer  construction.  The  ap- 
propriation hereunder  shall  be  a  charge  upon  the  highway  fund. 
[Approved  May  24,  1963.] 


CHAPTER  356. 

JOINT  RESOLUTION  PROVIDING  ADDITIONAL  FUNDS  FOR  CANCER  COMMISSION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  sum  of  thirty-five  thousand  dollars  is  hereby  appropriated  to 
be  expended  by  the  cancer  commission  to  meet  deficits  in  the  appropria- 
tion for  said  commission  for  the  fiscal  year  ending  June  30,  1963.  Of  the 
sum  hereby  appropriated  thirty  thousand  dollars  shall  be  for  current 
expenses  and  five  thousand  dollars  shall  be  for  professional  services.  The 
governor  is  authorized  to  draw  his  warrant  for  the  sums  hereby  appropri- 
ated out  of  any  money  in  the  treasury  not  otherwise  appropriated. 
[Approved  May  31,  1963.] 


CHAPTER  357. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  JAMES  A.  PURINGTON. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to  the 
estate  of  James  A.  Purington  of  Exeter  the  balance  of  salary  due  said 
decedent  as  a  member  of  the  house  of  representatives. 

[Approved  June  10,  1963.] 


CHAPTER  358. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  ESTATE  OF  LEON  J.  LITTLEFIELD. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  state  treasurer  be  and  hereby  is  directed  to  pay  to  the 
estate  of  Leon  J.  Littlefield  of  Somersworth  the  balance  of  salary  due  said 
decedent  as  a  member  of  the  house  of  representatives. 
[Approved  June  10,  1963.] 


730  Chapter  359  [19G3 

CHAPTER  359. 

JOINT  RESOLUTION  IN  FAVOR  OF  MOUNT  WASHINGTON  OBSERVATORY. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

Whereas,  Mount  Washington  Observatory,  a  non-profit  corporation 
with  membership  open  to  all,  makes  scientific  observations;  chiefly  geo- 
physical, in  the  vicinity  of  Mount  Washington,  conducts  research  and 
issues  distinguished  scientific  and  popular  reports  on  subjects  relating  to 
such  observations;  and  makes  frequent  weather  reports  by  radio  and 
television  covering  five  states  and  near  Canada;  and 

Whereas,  besides  enhancing  the  renown  of  New  Hampshire's  ma- 
jestic Washington,  the  observatory  serves  to  enrich  the  state  culturally 
and  to  attract  tens  of  thousands  of  visitors  each  year;  and 

Whereas,  the  observatory  maintains  a  free  museum  relating  to  the 
unusual  climatic  and  geological  aspects  of  the  mountain;  and  for  the 
greater  part  of  the  year  is  the  housekeeper  of  the  summit,  and  the  only 
provider  of  shelter  for  the  numerous  daily  off-season  visitors;  and 

Whereas,  the  observatory  is  a  major  contributor  to  the  public  safety; 
its  staff  participating  in  searches  and  rescues  of  persons  lost  or  missing, 
and  with  two-way  portable  radios  and  other  emergency  equipment,  serv- 
ing as  communication  coordinators  in  such  activities;  and  presently  is  in 
process  of  taking  over  a  string  of  emergency  shelters  along  the  auto  road 
above  the  tree  line;  and 

Whereas,  the  observatory  operates  on  a  minimal  budget  supported 
by  the  dues  and  contributions  of  its  individual  members  residing  in 
many  states  and  by  projects  undertaken  for  the  United  States  weather 
bureau  and  other  federal  government  agencies,  Dartmouth  College,  the 
University  of  New  Hampshire,  as  well  as  other  institutions;  now  therefore 
be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That,  for  the  purpose  of  recognizing  the  importance  of  Mount 
Washington  Observatory  and  in  order  to  cover  such  overhead  costs  as  are 
not  allocable  to  its  activities  in  the  restricted  field  of  sponsored  scientific 
undertakings,  the  sum  of  three  thousand  five  hundred  ($3,500)  dollars  is 
hereby  appropriated  to  the  Mount  Washington  Observatory  for  the  year 

1964  and  a  like  sum  for  the  year  1965.  The  governor  is  authorized  to 
draw  his  warrant  for  said  sum  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

[Approved  June  12,  1963.] 


1963]  Chapter  360  731 

CHAPTER  360. 

JOINT  RESOLUTION  PROVIDING  FOR  A  DEFICIENCY  APPROPRIATION  FOR  THE 
DIVISION  OF  BUILDINGS  AND  GROUNDS. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  seven  thousand  nine  hundred  sixty-eight  dollars 
and  fifty  cents  is  hereby  appropriated  for  the  fiscal  year  ending  June  30, 
1963,  for  the  division  of  buildings  and  grounds  of  the  department  of 
administration  and  control,  said  sum  being  in  replacement  of  monies 
expended  by  said  division  in  special  projects  undertaken  on  behalf  of 
the  legislature.  The  governor  is  authorized  to  draw  his  warrant  for  the 
sum  hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise 
appropriated. 
[Approved  June  112,  1963.] 


CHAPTER  361. 

JOINT  RESOLUTION  IN  FAVOR  OF  ALFRED  LORANGER. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  sum  of  three  hundred  and  ninety-six  dollars  is  hereby  appropri- 
ated to  reimburse  Alfred  Loranger  of  Windham  for  damages  to  his  water 
supply  which  was  polluted  by  salt  from  winter  maintenance  of  a  state 
road.  The  sum  hereby  appropriated  shall  be  in  full  payment  and  settle- 
ment of  said  claim  and  the  same  shall  be  a  charge  upon  the  highway  funds. 
[Approved  June  26,  1963.] 


CHAPTER  362. 

JOINT  RESOLUTION  RELATIVE  TO  CERTAIN  LANDS  IN  THE  TOWN  OF  TAMWORTH. 

Whereas,  on  January  6,  1934,  Edward  R.  Mathews  conveyed  to  the 
town  of  Tamworth  and  its  successors  in  trust  approximately  forty  acres 
of  forest  land  to  be  known  as  the  John  Albee  Memorial  Forest  Reserva- 
tion; and 

Whereas,  the  said  conveyance  provided  that  if  the  said  town  of  Tam- 
worth should  cease  to  hold  and  manage  said  property,  title  to  the  same 
would  vest  in  the  Society  for  the  Protection  of  New  Hampshire  Forests, 
upon  the  same  trust  and  conditions,  and  upon  the  further  terms  that  if 


732  Chapter  363  [1963 

said  Society  ceased  to  hold  and  manage  said  property  title  to  the  same 
would  vest  in  the  state  of  New  Hampshire;  and 

Whereas,  both  the  said  town  of  Tamworth  and  the  said  Society  for 
the  Protection  of  New  Hampshire  Forests  have  disclaimed  any  and  all 
right,  title  and  interest  in  said  premises  and  have  reconveyed  the  same 
to  the  original  grantor,  Edward  R.  Mathews;  now,  therefore,  be  it 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  state  of  New  Hampshire  disclaims  any  and  all  right,  title 
and  interest  in  that  certain  property  situate  in  the  town  of  Tamworth 
and  known  as  the  John  Albee  Memorial  Forest  Reservation,  and  that 
the  governor  and  council  are  hereby  authorized  to  execute  such  instru- 
ments as  may  be  necessary  to  convey  any  interest  of  the  state  of  New 
Hampshire  in  said  premises  to  Edward  R.  Mathews  or  his  successors  in 
title. 
[Approved  June  26,  1963.] 


CHAPTER  363. 

JOINT  RESOLUTION  IN  FAVOR  OF  MARCUS  E.  DIFFENDERFER  ET  AL. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  following  named  persons  be  allowed  the  sums  set  opposite 
their  names  for  mileage  allowance  for  the  1959  session  of  the  general 
court,  which  said  allowance,  although  approved  by  the  then  mileage 
committee,  was  not  paid  because  of  an  error.  The  sums  appropriated  here- 
under shall  be  a  charge  upon  the  legislative  appropriation.  Marcus  E. 
Diffenderfer,  Ossipee,  $129.60;  Arthur  S.  Rollins,  Alton,  $133.28;  Scott 
F.  Eastman,  Weare,  $132.00;  Arthur  McAllister,  Barnstead,  $91.56;  Sam- 
uel Green,  Manchester,  $77.60;  Joseph  P.  Healy,  Manchester,  $88.00; 
Greta  M.  Ainley,  Manchester,  $88.00;  Edward  W.  Morris  Estate,  Man- 
chester, $85.60;  John  W.  Tobin,  Manchester,  $44.00;  Thomas  F.  Sullivan 
Estate,  Manchester,  $43.60;  Edward  Martel,  Manchester,  $44.00;  Jas. 
Pettigrew,  Manchester,  $44.00;  Chas.  E.  Daniel,  Manchester,  $44.00; 
Gerard  DeGrace,  Manchester,  $44.00;  Alfred  A.  Bergeron,  Manchester, 
$43.20;  Nick  Hart,  Manchester,  $40.00;  Albert  N.  Dion,  Manchester, 
$39.20;  Mary  R.  Ayer,  Pittsfield,  $87.20;  Jas.  F.  McGrath,  Pittsfield, 
$86.40;  Geo.  T.  Gilman,  Farmington,  $28.56;  Mary  E.  Dondero  Estate, 
Portsmouth,  $34.10;  C.  Cecil  Dame,  Portsmouth,  $34.10;  Amelia  H. 
Cross,  Portsmouth,  $34.10;  Chas.  W.  Carkin,  Portsmouth,  $11.99;  Julia 
H.   White,   Portsmouth,    $21.00;    Edw.   Ingraham,   Portsmouth,   $17.00; 


1963]  Chapter  364  733 

Wm.  F.  Keefe,  Portsmouth,  $33.79;  Wm.  Wardwell,  Portsmouth,  $34.10; 
Wm.  Montgomery,  Hopkinton,  $48.00;  Lloyd  H.  Stone,  Sr.,  Webster, 
$42.00;  Conrad  E.  Snow,  Gihnanton,  $96.00;  Richard  L.  Bradley,  Thorn- 
ton, $55.00;  Claude  J.  Baker,  Stewartstown,  $53.50;  S.  A.  Chamberlain, 
Holderness,  $34.44;  Harvey  H.  Converse,  Pittsburg,  $55.00;  J.  Edw. 
Bouvier,  Swanzey,  $42.40;  Kenneth  M.  Bisbee,  Derry,  $48.00;  Jos.  L. 
Graham,  Canaan,  $55.00;  Angeline  M.  St.  Pierre,  Rochester,  $77.04; 
Robert  B.  Drew,  Farmington,  $25.68;  Elmer  H.  Downs  Estate,  Conway, 
$lil.OO;  Marj.  B.  DeLude,  Unity,  $33.00;  David  Deans,  Jr.,  Milford, 
$16.96;  Ernest  Coutermarsh,  Lebanon,  $21.00;  Marie  Christiansen,  Ber- 
lin, $22.00;  Mary  S.  Brown,  Sandwich,  $21.40;  Edw.  E.  Brown,  Keene, 
$10.00;  Albert  H.  Brown,  Strafford,  $16.80;  Grover  C.  Farwell,  Brookline, 
$22.00;  Jos.  E.  Boisvert,  Rollinsford,  $13.08;  Daniel  R.  Blanchard,  Jack- 
son, $6.60;  Dorothy  B.  Berry,  Barrington,  $17.44;  Frank  J.  Bennett, 
Keene,  $11.00;  Louis  S.  Ballam,  Walpole,  $9.50;  Roxie  A.  Forbes,  Mar- 
low,  $34.10;  Robert  L.  Galloway,  Sr.,  Walpole,  $11.00;  Bert  L.  Peaslee 
Estate,  Merrimack,  $14.24;  Ralph  Sanborn,  Hampton  Falls,  $22.00;  Thos. 
R.  Sheehy,  Newfields,  $12.84;  Arthur  F.  Turner,  Gilsum,  $31.20;  H. 
Thos.  Urie,  New  Hampton,  $12.24;  Israel  H.  Vadney,  Francestown, 
$17.60;  Edna  B.  Weeks,  Greenland,  $21.40;  Philip  S.  Willey,  Campton, 
$11.00;  Anne  B.  Gordon,  Jaffrey,  $11.00;  Winifred  E.  Hartigan,  Roch- 
ester, $12:24;  Chas.  P.  Hayward,  Milford,  $14.24;  Jeremiah  J.  Keating, 
Keene,  $10.80;  Walter  Kretowicz,  Keene,  $10.10;  Albert  Littlehale,  Dur- 
ham, $13.32;  Harry  N.  Marsh,  Colebrook,  $32.70;  Lovell  V.  Oakes  Estate, 
Columbia,  $33.00;  Louis  I.  Martel,  Manchester,  $28.00. 
[Approved  July  2,  1963.] 


CHAPTER  364. 

JOINT  RESOLUTION  PROVIDING  AN  APPROPRIATION  FOR  THE  CIVIL  WAR 
CENTENNIAL  COMMISSION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  twenty-five  hundred  dollars  is  hereby  appropriated 
to  be  expended  by  the  civil  war  centennial  commission  established  by 
Laws  1959,  chapter  160.  The  appropriation  hereunder  shall  be  a  con- 
tinuing appropriation  and  any  balance  remaining  on  July  1,  1965  shall 
lapse.  The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropri- 
ated. 
[Approved  July  2,  1963.] 


734  Chapter  365  [1963 

CHAPTER  365. 

JOINT  RESOLUTION  PROVIDING  FUNDS  FOR  COMPLETION  OF  FOREST  CONSERVA- 
TION AID  AND  SPECIAL  AID  TO  HEAVILY  TIMBERED  TOWNS  PAYMENTS. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 

convened: 

That  the  sum  of  eleven  thousand  three  hundred  and  fifty  seven 
dollars  is  hereby  appropriated  for  the  purpose  of  completing  the  pay- 
ments of  forest  conservation  aid  and  special  aid  to  heavily  timbered  towns 
to  those  towns  so  qualifying  as  provided  by  RSA  79:22  and  23  for  the 
1961-62  yield  tax  year,  the  said  sum  to  be  expended  by  the  tax  commis- 
sion. The  governor  is  authorized  to  draw  his  warrant  for  the  sum  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropri- 
ated. 
[Approved  July  2,  1963.] 


CHAPTER  366. 

JOINT  RESOLUTION  PROVIDING  SUPPLEMENTAL  APPROPRIATION  FOR 
EDUCATION  OF  THE  DEAF. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  twenty-four  thousand  nine  hundred  nine  dollars 
and  thirty-five  cents  is  hereby  appropriated  for  the  fiscal  year  ending 
June  30,  1963,  to  be  expended  by  the  state  board  of  education  to  meet 
the  deficit  in  the  appropriation  for  carrying  out  the  provisions  of  RSA 
186:11,  XIII,  education  of  the  deaf,  and  RSA  186:13,  X;  education  of 
the  deaf.  The  governor  is  authorized  to  draw  his  warrant  for  the  sum 
hereby  appropriated  out  of  money  in  the  treasury  not  otherwise  appropri- 
ated. 
[Approved  July  2,  1963.] 


CHAPTER  367. 

JOINT  RESOLUTION  MAKING  DEFICIENCY  APPROPRIATION  FOR  THE 
INTERIM  COMMISSION  ON  EDUCATION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That,  in  addition  to  any  other  money  heretofore  appropriated  for 
the  purposes  of  chapter  291  of  the  Laws  of  1961,  the  sum  of  five  thousand 


1963]  Chapter  368  735 

thirty-three  dollars  and  fifty  one  cents,  less  any  grants  or  contributions 
received  for  said  purposes  before  or  after  the  effective  date  of  this  resolu- 
tion, be  and  is  hereby  appropriated  for  said  purposes  and  the  governor 
is  authorized  to  draw  his  warrant  for  said  sum  from  any  money  in  the 
treasury  not  otherwise  appropriated. 
[Approved  July  3,  1963.] 


CHAPTER  368. 

JOINT  RESOLUTION  IN  FAVOR  OF  EDNA  M.  PAINE. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  sum  of  one  thousand  one  hundred  fourteen  dollars  and  fifty 
cents  is  hereby  appropriated  to  reimburse  Edna  M.  Paine,  in  full  and 
final  settlement,  for  bodily  injuries  suffered,  pain  and  suffering  and  ex- 
penses as  a  result  of  bodily  injury  sustained  by  her  as  a  result  of  a  fall 
on  or  about  the  premises  of  the  State  Armory  in  Keene,  New  Hampshire 
on  March  4,  1963.  The  governor  is  hereby  authorized  to  draw  his  warrant 
for  the  sum  hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 
[Approved  July  3,  1963.] 


CHAPTER  369. 

JOINT  RESOLUTION  IN  FAVOR  OF  EARL  HILL  OF  PITTSFIELD. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

That  the  sum  of  five  hundred  dollars  is  hereby  appropriated  to  reim- 
burse Earl  Hill  of  Pittsfield  for  damages  to  his  car  and  injuries  to  himself 
on  account  of  an  accident  which  occurred  on  May  27,  1963.  Said  accident 
was  caused  by  disrepair  of  a  state  highway.  The  sum  hereby  appropriated 
shall  be  in  full  settlement  of  said  claim  and  shall  be  a  charge  upon  the 
highway  fund. 
[Approved  July  3,  1963.] 


736  Chapter  370  [1963 

CHAPTER  370. 

JOINT  RESOLUTION  RELATIVE  TO  THE  OPERATING  EXPENSES  OF  EDUCATIONAL 
TELEVISION  STATION,  WENH-TV,  CHANNEL  11,  DURHAM. 

Whereas,  WENH-TV  is  an  educational  television  station  operated 
and  maintained  to  provide  an  educational  service  to  the  schools  and  edu- 
cational institutions  of  the  state  and  to  the  general  public  through  a 
broad  adult  education  and  information  program  service,  and 

Whereas,  since  June  1959  WENH-TV  has  operated  in  conformance 
with  the  Federal  Communications  Commission  rules  and  regulations  and 
has  maintained  an  outstanding  program  service  for  the  majority  of  the 
citizens  and  schools  of  the  state  with  advice,  counsel  and  partial  support 
of  The  New  Hampshire  Educational  Broadcasting  Council,  Inc.,  now 
therefore  be  it 
Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 

convened: 

That  the  sum  of  forty  thousand  dollars  is  hereby  appropriated  for  the 
period  beginning  with  the  passage  of  this  resolution  and  ending  June 
30,  1964  and  a  like  sum  for  the  fiscal  year  ending  June  30,  '1965  for  the 
purpose  of  contributing  to  the  operating  expenses  of  educational  tele- 
vision station  WENH-TV,  Channel  11,  operated  by  the  university  of 
New  Hampshire  with  the  advice  and  counsel  of  the  New  Hampshire 
Educational  Broadcasting  Council,  Inc.  An  additional  sum  of  twenty 
thousand  dollars  is  hereby  appropriated  for  the  fiscal  year  ending  June 
30,  1964  and  a  like  sum  for  the  fiscal  year  ending  June  30,  1965,  for  the 
purposes  stated  above,  providing  that  each  of  the  above  additional  sums 
are  matched  by  public  subscriptions.  The  sums  hereby  appropriated  shall 
be  expended  for  the  operation  of  WENH-TV  through  the  New  Hamp- 
shire college  of  agriculture  and  the  mechanic  arts  and  the  university  of 
New  Hampshire.  The  governor  is  authorized  to  draw  his  warrants  for 
the  sums  hereby  appropriated  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 
[Approved  July  3,  1963.] 


CHAPTER  371. 

JOINT  RESOLUTION  IN  FAVOR  OF  THE  NEW  HAMPSHIRE  SAVINGS  BANK  AND 
THE  SPD  REALTY  CORPORATION. 

Resolved  by  the  Senate  and  House  of  Representatives  in  General  Court 
convened: 

The  sum  of  five  thousand  five  hundred  dollars  is  hereby  appropri- 
ated to  be  paid  to  the  New  Hampshire  Savings  Bank  of  Concord,  New 
Hampshire,  and  the  SPD  Realty  Corporation  as  their  respective  interests 


1963]  Chapter  372  737 

may  appear  to  pay  the  amount  of  rental  at  the  rate  of  five  hundred  dollars 
per  month  incurred  and  unpaid  as  a  result  of  occupancy  by  the  office  and 
staff  of  the  bank  commissioner  of  premises  owned  by  the  above  parties 
from  the  period  of  August  1,  1960  to  June  30,  1961.  The  appropriation 
made  hereunder  shall  be  a  charge  upon  the  funds  of  'the  bank  commis- 
sioner. 
[Approved  July  3,  1963.] 


PRIVATE  ACTS 

CHAPTER  372. 

AN  ACT  RELATIVE  TO  SEWAGE  AND  WASTE  TREATMENT  PLANTS 
AND  SEPTIC  TANKS  FOR  THE  TOWN  OF  LITTLETON. 

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

372:1  Littleton.  Amend  1955,  442:9  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  9.  Sewers.  The  selectmen  shall 
construct  and  maintain  all  main  drains,  common  sewers,  sewage  and 
waste  treatment  plants,  septic  tanks  and  all  necessary  facilities  thereto 
which  they  judge  necessary  for  the  public  convenience  and  health.  Such 
drains  and  sewers  shall  be  constructed  of  brick,  stone,  cement  or  other 
material  adapted  to  the  purpose  and  shall  be  the  property  of  the  town. 

372:2  Sewage  and  Waste  Treatment  Plants.  Amend  1955,  442:10  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
10.  Taking  Land.  Whenever  it  is  necessary  to  construct  such  main  drains, 
common  sewers,  sewage  and  waste  treatment  plants,  septic  tanks  and  all 
necessary  facilities  thereto  across  the  land  of  any  person  or  owner  the 
selectmen  may  lay  out  a  sufficient  quantity  of  such  land  for  the  purpose 
and  assess  the  owner's  damages  in  the  same  manner  as  in  the  case  of  tak- 
ing land  for  highways,  and  the  owner  shall  have  the  same  right  of  appeal 
with  the  same  procedure. 

372:3  Appropriations.  Amend  1955,  442:11  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  11.  Costs.  At  the 
annual  town  meeting  or  any  special  town  meeting  held  for  the  purpose 
money  may  be  raised  and  appropriated  for  the  purposes  of  the  construc- 
tion of  main  drains,  common  sewers,  sewage  and  waste  treatment  plants, 
septic  tanks  and  all  necessary  facilities  thereto  as  hereinbefore  provided. 

372:4  Defraying  Costs.  Amend  1955,  442:12  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  12.  Special  Tax. 
For  the  defraying  of  the  costs  of  construction,  payment  of  the  interest 
on  any  debt  incurred,  management,  maintenance,  operation  and  repair 


738  Chapter  373  [1963 

of  sidewalks  and  garbage  or  refuse  collection  and  hydrant  rental;  the 
selectmen  shall  establish  a  separate  inventory  of  all  property  that  has 
abutting  sidewalks  or  is  within  six  hundred  feet  of  a  hydrant  and  shall 
assess  against  such  property  a  special  tax  to  cover  the  cost  of  the  same. 
Collection  to  be  made  in  the  same  manner  as  real  estate  taxes,  with  simi- 
lar rights  of  appeal. 

372:5    Takes  Effect.    This  act  shall  not  take  effect  unless  the  provi- 
sions hereof  are  adopted  by  a  majority  vote,  under  a  proper  article  in 
the  warrant,  at  any  annual  or  special  town  meeting  of  the  town  of  Little- 
ton. 
[Approved  January  15,  1963.] 


CHAPTER  373. 

AN  ACT  RELATIVE  TO  THE  SEWERAGE  SYSTEM  IN  THE  PLYMOUTH  VILLAGE 

FIRE  DISTRICT. 

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

373:1  Sewerage  System.  For  the  defraying  of  the  cost  of  construc- 
tion, management,  maintenance,  operation,  reconstruction,  replacement 
and  repair  of  district  sewers  and  sewer  systems,  including  treatment  and 
disposal  works,  and  for  the  payment  of  the  interest  and  principal  on  any 
debt  incurred  to  pay  such  costs,  the  precinct  commissioners  of  the  Plym- 
outh Village  Fire  District  may  establish  a  scale  of  rents,  to  be  called  sewer 
rents,  which  shall  be  paid  by  the  owner  or  owners  of  real  estate  con- 
nected by  sewerage  drains  with  sewers  and  sewer  systems  supplied  by  the 
district,  or  whose  real  estate  receives  special  benefit  therefrom  in  any 
way.  The  precinct  commissioners  may  prescribe  the  manner  in  which 
and  the  time  at  which  such  rents  are  to  be  paid  and  collected  and  may 
change  the  scale  or  rents  from  time  to  time  as  may  be  deemed  advisable. 
Such  rents  may  be  based  upon  the  metered  consumption  of  water  on  the 
premises  connected  with  the  sewer  system,  the  number  and  kind  of  plumb- 
ing fixtures  connected  with  the  sewer  system,  the  number  of  persons  served 
by  the  sewer  system  or  upon  any  other  equitable  basis. 

373:2  Sewer  Funds.  The  funds  received  from  the  collection  of  the 
sewer  rentals  in  the  Plymouth  Village  Fire  District  shall  be  kept  as  a 
separate  and  distinct  fund  and  shall  be  known  as  the  sewer  fund.  Any 
surplus  in  such  fund  may  be  used  for  the  enlargement  or  replacement 
of  the  sewerage  system  or  the  sewerage  disposal  works,  but  shall  not  be 
used  for  the  extension  of  the  sewerage  systems  to  serve  unsewered  areas, 
or  for  any  purpose  other  than  those  specified. 


1963]  Chapter  374  739 

373:3  Notice,  Notice  of  the  charges  for  sewer  rents  shall  be  given 
to  the  owner  or  owners  of  real  estate  chargeable  therefor  in  such  manner 
as  the  precinct  commissioners  shall  prescribe.  The  procedure  for  the 
abatement  of  sewer  rents  shall  be  as  prescribed  by  RSA  252:14,  15. 

373:4  Lien.  All  charges  for  sewer  rents  shall  become  a  lien  upon 
the  real  estate  served  by  the  sewer  system  or  the  real  estate  on  account  of 
which  they  are  charged.  Such  lien  shall  continue  for  one  year  from  the 
last  item  charged  in  said  sewer  rents  and  may  be  enforced  by  suit  in  be- 
half of  the  district  against  the  owner  or  owners  of  such  real  estate.  In 
case  an  appeal  has  been  taken  and  the  charges  sustained  in  whole  or  in 
part,  such  lien  shall  continue  until  the  expiration  of  one  year  from  such 
decision.  The  record  of  the  charge  for  sewer  rents  made  by  the  district 
shall  be  sufficient  notice  to  maintain  suit  upon  such  lien  against  subse- 
quent purchasers  or  attaching  creditors  of  such  real  estate. 

373:5  Rules  and  Regulations.  The  precinct  commissioners  may 
adopt  rules  and  regulations  pertaining  to  the  use  of  the  sewerage  system 
and  other  regulations  relating  to  the  system  as  in  their  judgment  the 
sewerage  system,  pumping  station,  treatment  plant  or  other  structure 
demands  for  proper  maintenance  or  operation.  Any  person  wilfully  vio- 
lating such  regulations  shall  be  fined  not  more  than  ten  dollars  for  each 
day  of  neglect  or  refusal  after  written  notice  has  been  given. 

373:6  Application.  This  act  shall  apply  only  to  the  Plymouth  Vil- 
lage Fire  District.  The  provisions  of  RSA  252:9  to  11  inclusive  shall  not 
apply  to  the  sewer  funds  covered  by  this  act. 

373:7  Referendum.  This  act  shall  not  take  effect  unless  it  is  adopted 
by  a  majority  ballot  vote  at  any  special  or  annual  district  meeting.  If  a 
majority  of  those  voting  on  the  question  of  the  adoption  of  this  act  vote 
in  the  affirmative  this  act  shall  be  declared  to  have  been  adopted. 

373:8    Takes  Effect.    The  provisions  of  section  7  shall  take  effect 
upon  the  passage  of  this  act  but  the  remaining  sections  shall  take  effect 
only  after  the  adoption  of  the  act  as  provided  in  section  7. 
[Approved  February  8,  1963.] 


CHAPTER  374. 

AN  ACT  RELATIVE  TO  THE  POWERS  AND  DUTIES  OF  THE  TOWN  OF  HANOVER 
AND  REPEALING  THE  CHARTER  OF  THE  VILLAGE  PRECINCT  OF  HANOVER. 

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

374:1    Definitions.    The  following  terms,  wherever  used  or  referred 
to  in  this  chapter,  shall  have  the  following  respective  meanings,  unless 


740  Chapter  374  [1963 

otherwise  qualified  or  unless  a  different  meaning  clearly  appears  from 
the  context. 

a.  "Town"  shall  mean  the  town  of  Hanover. 

b.  "Precinct"  shall  mean  the  Village  Precinct  of  Hanover. 

c.  "Selectmen"  and  the  titles  of  other  officers  shall  refer  to  the  se- 
lectmen and  other  officers  of  the  town  of  Hanover. 

374:2  Village  Precinct  Abolished;  Transfer  of  Property  and  Disposi- 
tion of  Existing  Indebtedness. 

a.  Chapter  225  of  the  Laws  of  1901  as  amended  by  chapter  293 
of  the  Laws  of  1935  is  hereby  terminated.  All  existing  real  and  personal 
property  and  other  rights  and  assets  now  owned  by  the  town  of  Hanover 
and  by  the  village  precinct  of  Hanover  shall  be  vested  in  the  town  of 
Hanover  under  the  provisions  of  this  chapter. 

b.  Payments  on  any  indebtedness  of  the  town  or  precinct  incurred 
after  June  1,  1962  and  before  the  effective  date  of  adoption  of  this  act 
for  the  purpose  of  financing  any  special  service  shall  be  raised  as  pro- 
vided in  section  10  hereof. 

c.  Payments  on  any  of  the  following  indebtedness  of  the  precinct 
to  the  extent  that  they  are  raised  by  taxation  shall  be  raised  by  a  special 
tax  assessed  against  the  property  located  within  the  boundaries  of  the 
precinct  as  they  presently  exist: 

(1)  Any  indebtedness  incurred  for  the  purpose  of  financing  off-street 
parking  facilities  at  any  time  before  the  effective  date  of  adoption  of  this 
act. 

(2)  Any  indebtedness  incurred  by  the  precinct  for  any  other  purpose 
after  June  1,  1962  and  before  the  effective  date  of  adoption  of  this  act. 

d.  Except  as  above  provided,  any  indebtedness  of  the  precinct  in- 
curred before  the  effective  date  of  adoption  of  this  act  and  existing  at  the 
effective  date  of  adoption  of  this  act  shall  be  assumed  and  paid  by  the 
town  in  accordance  with  the  terms  of  such  indebtedness. 

374:3  Powers  Granted  to  Town.  The  town  of  Hanover  shall  have 
all  of  the  rights  and  be  subject  to  all  of  the  liabilities  now  belonging  to 
it  and  heretofore  belonging  to  the  village  precinct  of  Hanover  and  shall 
in  addition  have  the  following  powers: 

a.  All  of  the  powers  now  or  hereafter  granted  to  towns. 

b.  All  of  the  powers  now  or  hereafter  granted  to  village  districts 
including  those  set  forth  in  RSA  52. 

c.  The  power  to  subscribe  for,  take  and  hold  stock  in  the  Hanover 
Water  Works  Company;  to  make  any  contracts  with  said  corporation  for 
the  use  of  the  water  for  extinguishing  fires  and  such  other  purposes  as 
may  be  deemed  expedient;  to  have  such  use  of  the  water  on  paying  such 


1963]  Chapter  374  741 

compensation  therefor  as  may  be  agreed  upon;  and  to  incur  bonded  in- 
debtedness for  the  purpose  of  raising  money  to  subscribe  for  any  future 
capital  stock  of  said  corporation. 

d.  To  incur  indebtedness  for  financing  the  acquisition  and  improve- 
ment of  sites  for  off-street  parking  facilities  outside  of  its  limit  of  in- 
debtedness. 

e.  To  take  part,  join  and  cooperate  in  the  management,  control  and 
possession  of  the  real  estate  of  the  Pine  Park  Association  which  may  be 
devoted  to  public  purposes. 

f.  To  establish  a  plan  for  providing  life,  accident,  medical,  surgical 
and  hospitalization,  insurance  benefits,  or  any  combination  of  such  bene- 
fits for  employees  of  the  town  and  their  dependents  and  appropriate  such 
sums  of  money  as  may  be  necessary  for  the  purposes  of  paying  the  cost 
of  such  benefits. 

g.  All  of  the  powers  which  may  by  law  be  exercised  by  its  officers. 

374:4  Legislative  Body.  The  legislative  body  of  the  town  shall  con- 
sist of  all  of  the  eligible  legal  voters  of  the  town  of  Hanover  assembled  in 
a  duly  warned  meeting.  The  powers  of  the  town  of  Hanover  shall  be 
reserved  to  the  voters,  except  insofar  as  they  are  specifically  granted  to 
the  selectmen  or  other  officers  either  by  this  act  or  by  general  law. 

374:5  Board  of  Selectmen.  The  governing  body  of  the  town  shall 
consist  of  a  board  of  five  selectmen.  They  shall  in  the  first  instance  be 
chosen  at  a  special  town  meeting  to  be  held  as  hereinafter  provided.  In 
the  first  instance,  two  shall  be  elected  for  a  term  of  three  years,  two  for  a 
term  of  two  years  and  one  for  a  term  of  one  year.  In  each  case  the  term 
of  the  original  five  selectmen  shall  continue  for  the  number  of  years 
specified  and  thereafter  until  the  following  annual  town  meeting.  At 
each  annual  town  meeting  thereafter,  the  voters  shall  elect  in  place  of 
those  selectmen  whose  terms  are  about  to  expire  a  like  number  of  select- 
men to  serve  for  terms  of  three  years  each. 

374:6  Powers  of  Selectmen.  The  selectmen  of  the  town  of  Hanover 
shall  have  all  of  the  powers  conferred  by  law  and  by  custom  on  the  select- 
men of  towns  and  in  addition  shall  have  the  following  powers: 

a.  The  power  to  appoint  a  superintendent  of  public  works,  an 
overseer  of  public  welfare,  a  chief  of  police  and  one  or  more  chief  engi- 
neers and  assistant  engineers  to  serve  in  each  fire  department,  and  remove 
same  for  just  cause  after  being  granted  a  hearing. 

b.  The  power  by  any  three  or  more  of  their  number  to  sign  orders 
on  the  town  treasurer  in  payment  of  the  obligations  of  the  town;  and 

c.  Such  further  powers  as  may  be  delegated  to  them  by  vote  of  the 
town  as  hereinafter  provided. 


742  Chapter  374  [1963 

374:7  Additional  Powers  of  Selectmen.  By  affirmative  majority  vote 
at  any  regular  or  special  town  meeting  duly  warned  for  the  purpose,  the 
town  may  from  time  to  time  delegate  to  the  selectmen  and  authorize  them 
to  exercise  any  of  the  powers  now  or  hereafter  conferred  upon  the  mayor 
and  aldermen  of  cities  respecting  highways,  sidewalks  and  sewers  and 
all  of  the  powers  now  or  hereafter  conferred  on  city  councils  by  RSA 
47:17  through  26  and  RSA  249:1.  By  like  vote  any  of  such  additional 
powers  may  from  time  to  time  be  withdrawn  and/or  restored  to  the  se- 
lectmen. However,  the  powers  so  delegated  shall  not  include  any  power 
to  enact  or  amend  any  zoning  ordinance  or  to  abandon  any  public  high- 
way. 

374:8  Duties  of  Superintendent  of  Public  Works.  The  superintend- 
ent of  public  works  under  the  direction  of  the  selectmen  shall  have  charge 
of  the  construction,  maintenance  and  repair  of  all  public  property  and 
public  improvements  owned  or  operated  by  the  town  including  highways, 
bridges,  sidewalks,  sewers,  sewage  disposal  systems,  parks,  commons,  ceme- 
teries, forests,  playgrounds,  shade  and  ornamental  trees,  collection  of 
waste,  refuse  and  garbage,  and  dumps,  except  as  may  be  otherwise  pro- 
vided by  the  selectmen  and  except  as  provided  in  the  laws  relating  to 
state  aid  for  highways  and  bridges  and  town  road  and  bridge  aid.  The 
superintendent  of  public  works  shall  have  authority  to  employ  the  neces- 
sary personnel  and  equipment  and  purchase  materials  for  the  construc- 
tion, maintenance  and  repair  of  such  public  property  and  public  im- 
provements. In  default  of  the  appointment  of  a  superintendent  of  public 
works,  the  selectmen  shall  themselves  perform  the  duties  of  that  office. 

374:9  Duties  of  Overseer  of  Public  Welfare.  The  overseer  of  public 
welfare  under  the  direction  of  the  selectmen  shall  perform  all  of  the 
duties  and  have  all  of  the  responsibilities  of  an  overseer  of  the  poor  and 
such  other  public  welfare  responsibilities  as  the  selectmen  may  assign.  In 
default  of  the  appointment  of  an  overseer  of  public  welfare,  the  selectmen 
shall  themselves  perform  the  duties  of  that  office. 

374:10  Special  Services  Defined.  Certain  services  and  public  im- 
provements presently  existing  or  likely  to  be  provided  in  the  future  by 
the  town  will  benefit  certain  of  the  residents  and/or  property  owners 
more  than  others.  Accordingly,  the  expense  thereof  shall  be  met  by  special 
taxes  and/or  charges  as  hereinafter  provided.  In  each  case  the  expense  of 
the  particular  service  shall  include  but  not  be  limited  to:  the  employment 
of  personnel,  including  supervisors,  and  contributions  on  such  account 
to  social  security  and  retirement  systems,  the  cost  of  supplies  and  services, 
the  construction,  acquisition,  rental  and  maintenance  of  capital  and  ex- 
pendable equipment  and  real  property,  and  the  payment  of  principal  and 
interest  charges  on  any  indebtedness  incurred  after  June  1,  1962  in  con- 
nection therewith.  The  following  shall  for  the  purposes  of  this  chapter 
be  considered  special  services: 


1963]  Chapter  374  743 

a.  Fire  Protection.  Fire  protection  which  shall  include  the  pro- 
tection of  lives  and  property  from  damage  by  fire  and  other  casualties, 
the  maintenance  of  a  fire  alarm  system,  the  rental  of  fire  hydrants  and  (for 
fiscal  purposes)  the  cost  of  any  stock  in  the  Hanover  Water  Works  Com- 
pany acquired  after  the  effective  date  of  adoption  of  this  act. 

b.  Sewers.  Sewers  which  shall  include  the  provision  of  sanitary 
sewers  to  serve  property  owners, 

c.  Sewage  disposal.  Sewage  disposal  which  shall  include  the  trans- 
mission through  interceptor  sewers  and  pumping  stations  and  treatment 
at  one  or  more  sewage  disposal  plants  of  sewage  and  other  wastes  as  de- 
fined in  RSA  149,  in  accordance  with  the  standards  of  the  New  Hamp- 
shire water  pollution  commission  and  sound  sanitary  engineering  prac- 
tice. 

d.  Sidewalks.  Sidewalks  which  shall  include  sidewalks  as  defined 
by  RSA  250:13. 

374:11  Budget  and  Appropriations  for  Special  Services.  The  select- 
men shall  prepare  and  present  in  advance  of  the  annual  town  meeting  a 
budget  of  anticipated  expenditures  and  income  which  shall  report  as 
separate  items  their  estimate  of  the  total  expense  for  each  special  service, 
their  estimate  of  any  anticipated  contributions  by  the  state  and  federal 
governments,  their  estimate  of  any  income  from  charges  for  the  furnish- 
ing of  such  special  service,  and  the  estimated  portion  of  such  expense 
to  be  raised  by  taxation.  The  town  at  the  annual  town  meeting  shall  ap- 
propriate such  amount  for  each  special  service  as  may  be  necessary  to  de- 
fray the  estimated  expense  thereof. 

374:12  Special  Service  Areas.  Special  service  areas  for  the  assessment 
and  collection  of  taxes  to  defray  a  part  or  all  of  the  expense  of  providing 
certain  special  services  shall  be  established  in  the  town.  No  later  than 
February  1st  of  the  year  following  that  in  which  this  act  is  adopted,  the 
selectmen  shall  prepare  and  make  available  for  public  inspection  a  map 
or  maps  of  the  town  or  a  written  description  of  each  proposed  special 
service  area.  Within  forty-five  days  thereafter  the  selectmen  shall  hold  a 
public  hearing  upon  the  recommendations  of  area  boundaries  made  by 
them.  After  such  hearing  and  after  any  revisions  or  adjustments  which 
the  selectmen  may  deem  proper,  such  areas  shall  become  effective  for  the 
purposes  of  this  act.  Changes  in  area  lines  shall  be  made  by  the  selectmen 
from  time  to  time  as  a  result  of  the  change  in  nature  of  the  property  in 
the  area  or  the  services  provided.  Such  changes  may  be  made  by  the  se- 
lectmen upon  thirty  days  written  notice  of  the  proposed  change  being 
sent  first  class  mail  to  the  last  known  address  on  the  tax  rolls  of  the  owners 
of  each  of  the  properties  affected.  Such  changes  shall  be  effective  without 
hearing  unless  written  objection  thereto  is  filed  with  the  town  clerk  or 
with  one  of  the  selectmen  within  such  thirty  day  period.  If  such  an  ob- 
jection is  filed,  the  selectmen  shall  postpone  the  effective  date  of  the 


744  Chapter  374  [1963 

change  until  at  least  ten  days  after  the  date  of  the  hearing.  However,  if 
such  postponement  shall  delay  the  effective  date  until  after  April  first 
of  any  year  the  area  line  as  revised  shall  be  effective  retroactive  to  March 
thirty-first  of  such  year. 

374:13  Taxes  for  Special  Services.  The  net  amount  to  be  raised  by 
taxation  for  each  special  service  shall  be  assessed  against  the  owners  of 
property  in  each  special  service  area  or  areas  as  hereinafter  provided. 
For  such  purpose  the  selectmen  shall  establish  a  separate  inventory  of 
all  property  in  each  special  service  area.  Such  taxes  shall  be  assessed  and 
collected  in  the  same  manner  as  taxes  on  real  property  for  other  purposes 
and  each  property  owner  shall  have  the  same  rights  of  abatement  and 
appeal  with  respect  thereto. 

374:14  Fire  Protection. 

a.  Fire  Protection  Areas.  The  selectmen  shall  divide  the  entire 
town  into  two  or  more  fire  protection  areas  in  proportion  to  the  fire  pro- 
tection afforded  to  property  owners  within  each  area.  In  allocating  prop- 
erty to  each  area,  the  selectmen  shall  take  into  account  in  addition  to  all 
other  relevant  factors: 

('1)  The  distance  of  each  property  from  a  hydrant  and  the  pressure 
at  the  hydrant. 

(2)  The  distance  of  each  property  from  a  fire  station. 

(3)  Such  other  relevant  standards  currently  applied  by  the  New 
Hampshire  Board  of  Underwriters  as  the  selectmen  shall  deem  applicable. 

b.  Fire  Protection  Expense.  The  estimated  net  expense  for  fire 
protection  shall  be  allocated  by  the  selectmen  in  their  budget  among  the 
various  fire  protection  areas  and  raised  by  special  taxes  on  such  basis  as 
the  selectmen  shall  determine  reasonably  and  equitably  reflects  the  bene- 
fits received.  In  making  such  determination  the  selectmen  shall  take  into 
accoimt  the  current  cost  of  fire  insurance  in  each  fire  protection  area  in 
addition  to  all  other  relevant  factors. 

374:15  Sewers. 

a.  Sewer  Area.  The  selectmen  shall  establish  a  sewer  area  which 
shall  comprise  all  that  part  of  the  town  in  which  public  or  private  sewer 
service  emptying  into  the  Connecticut  River  is  available. 

b.  Sewer  Expense  and  Charges.  The  entire  expense  of  public 
sewers  shall  be  met  by  sewer  rentals  as  herein  provided.  The  selectmen 
shall  establish  a  scale  of  rates  to  be  called  sewer  rents  and  prescribe  the 
manner  in  which  and  the  time  at  which  such  rents  are  to  be  paid  and 
shall  have  the  power  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  mak- 
ing due  allowances  for  commercial  use  of  water,  the  number  and  kind 


1963]  Chapter  374  745 

of  plumbing  fixtures  connected  with  tlie  sewer  system  or  the  number  of 
persons  served  by  said  sewer  system  or  upon  any  other  equitable  basis. 
The  sewer  charges  in  the  aggregate  shall  be  sufficient  to  defray  fifty  per 
cent  of  the  sewage  disposal  cost  as  hereinafter  provided.  In  addition  the 
selectmen  may  establish  reasonable  connection  fees,  extension  charges 
and  allowances  on  account  of  new  users  of  the  sewer  system.  All  of  such 
sewer  rentals  and  sewer  charges  shall  become  a  lien  upon  the  real  estate 
benefited  thereby;  and  such  lien  may  be  enforced  by  a  suit  on  behalf  of 
the  town,  ordered  by  the  selectmen  against  the  owner  or  owners  of  such 
real  estate.  The  record  in  the  office  of  the  selectmen  or  superintendent 
of  public  works  and  the  charges  for  service  furnished  as  aforesaid,  shall 
be  sufficient  notice  to  maintain  suit  upon  such  lien  against  the  subsequent 
purchasers  or  attaching  creditors  of  such  real  estate. 

374:16  Sewage  Disposal  Expense.  The  selectmen  shall  apply  against 
the  total  appropriation  for  sewage  disposal  expense  in  each  year  the 
anticipated  state  and  federal  aid  during  such  period  and  shall  raise  the 
balance  thereof  in  the  following  manner: 

a.  Fifty  per  cent  thereof  from  sewer  charges  as  above  provided. 

b.  Twenty  per  cent  thereof  by  a  special  tax  assessed  against  all 
property  in  the  sewer  area  whether  improved  or  unimproved  and  whether 
or  not  actually  connected  to  a  sewer  system. 

c.  Thirty  per  cent  thereof  by  a  special  tax  assessed  against  all  prop- 
erty in  the  sewer  area  actually  connected  to  and  served  by  a  public  or 
private  sewer  system  emptying  into  or  designed  to  empty  into  a  sewage 
disposal  plant  owned  by  the  town. 

374:17  Sidewalks. 

a.  Sidewalk  Area.  The  selectmen  shall  establish  a  sidewalk  area 
which  shall  comprise  all  that  part  of  the  town  served  by  public  sidewalks. 
A  piece  of  property  whether  improved  or  unimproved  shall  be  deemed 
to  be  served  by  a  public  sidewalk  when  it  either  abuts  a  sidewalk  or  is 
found  by  the  selectmen  to  receive  substantial  direct  benefits  from  the 
public  sidewalk  system. 

b.  Sidewalk  Expense.  The  estimated  net  expense  for  sidewalks  shall 
be  raised  by  a  special  tax  assessed  against  all  property  in  the  sidewalk 
area. 

374:18   Existing  Officers  and  By-Laws  of  Precinct  and  Town. 

a.  The  incumbents  of  the  following  town  offices  shall  remain  in 
office  notwithstanding  the  adoption  of  this  act:  Moderator,  town  clerk, 
town  treasurer,  auditor,  tax  collector,  supervisors  of  the  checklist,  library 
trustees,  trustees  of  trust  funds,  advisory  assessors  board,  fence  viewers, 
and  surveyors  of  wood  and  lumber. 


746  Chapter  374  [1963 

b.  The  terms  of  the  incumbents  of  the  following  town  offices  shall 
terminate  on  the  effective  date  of  adoption  of  this  act:  Selectmen,  board 
of  health,  zoning  board  of  adjustment,  and  town  planning  board. 

c.  The  terms  of  office  of  all  incumbents  of  precinct  offices  shall 
terminate  upon  the  effective  date  of  adoption  of  this  act.  However,  for 
a  period  of  six  months  thereafter  they  may  continue  to  exercise  the  powers 
of  their  offices  for  the  sole  purpose  of  carrying  out  the  transfer  of  the 
property  of  the  precinct  and  winding  up  its  affairs. 

d.  Within  the  territorial  limits  of  the  precinct  as  it  exists  immedi- 
ately prior  to  the  effective  date  of  adoption  of  this  act,  all  by-laws  and 
ordinances  enacted  by  the  town  or  precinct  including  zoning  ordinances 
and  subdivision  regulations  then  in  effect  shall  remain  in  full  force  and 
effect  thereafter  until  repealed  or  amended  in  accordance  herewith;  and 
the  selectmen  shall  exercise  the  powers  conferred  upon  the  commissioners 
therein. 

e.  Outside  the  territorial  limits  of  the  precinct  as  it  exists  immedi- 
ately prior  to  the  adoption  of  this  act,  all  by-laws  and  ordinances  enacted 
by  the  town  including  zoning  ordinances  and  subdivision  regulations 
then  in  effect  shall  remain  in  full  force  and  effect  thereafter  until  repealed 
or  amended  in  accordance  herewith. 

374:19  Other  Statutory  Provisions.  Except  to  the  extent  inconsistent 
herewith: 

a.  The  town  shall  have  all  the  powers,  be  subject  to  all  of  the  lim- 
itations and  conduct  its  affairs  in  the  same  manner  as  now  or  hereafter 
provided  by  law. 

b.  The  selectmen  and  other  officers  shall  be  elected  in  the  same 
manner  and  have  all  of  the  powers  and  duties  as  now  or  hereafter  pro- 
vided by  law. 

374:20  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  ap- 
plications thereof  or  other  provisions  thereof;  and  to  this  end  the  provi- 
sions of  this  act  are  declared  to  be  severable. 

374:21  Referendum.  This  act  shall  not  take  effect  unless  it  shall  be 
adopted  by  the  voters  of  Hanover  at  a  special  town  meeting  held  on  or 
before  December  1,  1963,  or  at  the  annual  town  meeting  held  in  1964  or 
in  1965  as  hereinafter  provided.  Said  special  meeting  shall  be  held  to 
vote  on  the  question  of  the  adoption  of  this  act.  The  vote  on  the  question 
shall  be  by  checklist  on  ballots  printed  by  the  town  clerk.  On  the  ballot 
shall  appear  the  following  question:  "Shall  the  provisions  of  an  act  rela- 
tive to  the  powers  and  duties  of  the  town  of  Hanover  and  repealing  the 
charter  of  the  Village  Precinct  of  Hanover  be  adopted?"  Beneath  the 
question  shall  be  printed  the  word  "Yes"  and  the  word  "No"  with  a  square 


1963]  Chapter  375  747 

immediately  opposite  each  word,  and  the  voter  may  indicate  his  choice 
by  making  a  cross  in  the  appropriate  square.  If  sixty  per  cent  of  the  legal 
voters  of  the  town  of  Hanover  present  and  voting  at  said  special  meeting 
shall  vote  yes  upon  the  question,  this  act  shall  be  declared  to  have  been 
adopted.  If  said  act  is  so  adopted,  the  transfer  of  powers  and  duties  and 
other  provisions  of  this  act  shall  be  deemed  to  be  in  effect  as  of  January 
I,  1964,  which  date  shall  be  considered  the  effective  date  of  adoption.  If 
the  town  fails  to  adopt  the  act  at  the  said  special  town  meeting  the  same 
question,  upon  petition  of  twenty-five  voters,  shall  be  presented  to  the 
voters  in  like  manner  and  with  like  effect  at  the  annual  town  meetings  held 
in  1964  and  1965.  If  the  act  is  adopted  at  one  of  such  annual  town  meet- 
ings the  transfer  of  powers  and  duties  and  other  provisions  of  this  act 
shall  be  deemed  to  be  in  effect  as  of  the  first  day  of  January  following, 
which  date  shall  then  be  considered  the  effective  date  of  adoption.  If 
the  act  is  adopted  a  further  special  town  meeting  or  an  adjournment  of 
the  meeting  at  which  the  act  is  adopted  shall  be  held  before  the  effective 
date  of  adoption  for  the  purpose  of  electing  a  board  of  five  selectmen 
as  herein  provided. 

374:22  Repeal.  If  this  act  is  adopted  by  the  referendum  herein  pro- 
vided, all  acts  or  parts  of  acts  inconsistent  herewith  are  repealed  in  so  far 
as  the  town  of  Hanover  and  the  village  precinct  of  Hanover  are  concerned. 

374:23   Takes  Effect.    In  so  far  as  the  provisions  for  the  adoption  of 
this  act  provided  in  section  21  (Referendum)  is  concerned,  this  act  shall 
take  effect  upon  its  passage;  other  provisions  of  this  act  shall  take  effect 
as  provided  hereinbefore. 
[Approved  February  8,  1963.] 


CHAPTER  375. 

AN  ACT  TO  LEGALIZE  THE  ANNUAL  MEETING  OF  THE  TOWN  OF  SEABROOK, 

MARCH,    1962. 

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

375:1  Proceedings  Legalized.  All  proceedings  of  the  town  of  Sea- 
brook  taken  at  the  annual  meeting  held  on  March  13,  1962  and  any 
adjourned  sessions  thereof  are  hereby  validated  and  confirmed,  and  the 
selectmen  are  authorized  to  issue  bonds  or  notes  of  the  town  not  exceed- 
ing fifty  thousand  dollars  pursuant  to  the  vote  of  the  town  passed  on 
March  13,  1962. 

375:2   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  8,  1963.] 


748  Chapter  376  [1963 

CHAPTER  376. 

AN  ACT  LEGALIZING  ACTION  TAKEN  TO  AUTHORIZE  SEWER  BONDS  IN  THE  CITY 
OF  LACONIA  WITH  THE  GUARANTEE  OF  THE  STATE  OF  NEW  HAMPSHIRE. 

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

376:1  Proceedings  Legalized.  All  votes  and  proceedings  relative  to 
the  issuance  of  bonds  in  the  sum  of  five  hundred  ninety  thousand  dollars 
for  sewer  construction  taken  at  the  public  hearing  and  city  council  meet- 
ing in  the  city  of  Laconia  held  on  December  14,  1962,  and  all  votes  and 
proceedings  relative  to  recommending  and  authorizing  a  state  guarantee 
on  said  bonds  taken  at  the  public  hearing  and  meeting  of  the  New  Hamp- 
shire water  pollution  commission,  held  in  said  city  on  January  22,  1963, 
and  at  the  meeting  of  the  governor  and  council  held  on  February  1,  1963, 
are  hereby  legalized,  ratified  and  confirmed  and  the  said  bonds  with  the 
guarantee  of  the  state  of  New  Hampshire,  thereon,  may  be  issued  accord- 
ingly. 

376:2   Takes  Effect.   This  act  shall  take  effect  on  its  passage. 
[Approved  February  13,  1963.] 
[Effective  date  February  13,  1963.] 


CHAPTER  377. 

AN  ACT  AUTHORIZING  THE  WALPOLE  SCHOOL  DISTRICT  TO  CONTINUE  ITS  CON- 
TRACT WITH  THE  BELLOWS  FALLS,  VERMONT  HIGH  SCHOOL. 

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

377:1  Authority  to  Contract.  Notwithstanding  any  of  the  provisions 
of  RSA  chapter  194,  the  Walpole  School  District  is  hereby  authorized  and 
empowered  to  continue  its  contractual  relations  with  the  Bellows  Falls, 
Vermont  High  School  on  such  terms  and  for  such  duration  as  it  may  deem 
advisable,  for  the  benefit  of  its  pupils,  and  it  is  further  authorized  and 
empowered  to  raise  and  appropriate  all  money  needed  to  carry  any  such 
contract  into  effect,  provided,  however,  that  such  contract  is  approved 
by  the  state  board  of  education. 

377:2  Referendum.  The  warrant  for  the  1963  annual  meeting  of 
the  Walpole  School  District  shall  include  an  article  substantially  as  fol- 
lows: "To  see  if  the  voters  of  the  Walpole  School  District,  qualified  to 
vote  in  school  affairs,  will  vote  to  adopt  the  provisions  of  An  Act  author- 
izing the  Walpole  School  District  to  continue  its  contract  with  the  Bellows 
Falls,  Vermont  High  School."  The  vote  on  said  question  shall  be  by  ballot 


1963]  Chapter  378  749 

and  if  a  majority  of  those  present  and  voting  vote  in  the  affirmative,  this 
act  shall  be  adopted  by  the  district. 

377;3    Takes  Effect.    Section  2  of  this  act  shall  take  effect  upon  its 
passage.  Section  1  of  this  act  shall  become  effective  upon  its  adoption  by 
the  voters  of  the  Walpole  School  District  as  provided  for  in  section  2. 
[Approved  February  13,  1963.] 


CHAPTER  378. 

AN  ACT  RELATIVE  TO  THE  MASCOMA  VALLEY  REGIONAL  SCHOOL  DISTRICT. 

Whereas,  the  pre-existing  school  districts  of  Enfield,  Canaan,  Dor- 
chester, Grafton  and  Orange  have  organized  a  cooperative  school  district, 
namely,  the  Mascoma  Valley  Regional  School  District,  under  the  provi- 
sions of  RSA  195,  as  amended,  and 

Whereas,  the  said  five  pre-existing  school  districts  are  not  coex- 
tensive with  the  town  in  which  they  are  located,  and 

Whereas,  the  Mascoma  Valley  Regional  School  District  desires  to 
make  certain  changes  in  regard  to  its  own  cooperative  district,  now  there- 
fore 

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

378:1  Cooperative  School  District.  The  supervisors  of  the  towns  of 
Enfield,  Canaan,  Dorchester,  Grafton  and  Orange  shall  act  as  the  super- 
visors of  the  cooperative  school  district.  The  effective  check  list  of  each 
of  said  five  towns  shall  together  constitute  the  check  list  of  the  cooperative 
school  district.  The  supervisors  of  each  town  shall  make,  post  and  correct 
the  check  list  for  its  town  and  shall  certify  the  same,  acting  as  supervisors 
of  the  cooperative  school  district.  The  supervisors  shall  act  as  ballot 
clerks.  At  each  annual  meeting  for  the  election  of  officers  of  the  coopera- 
tive school  district,  the  check  lists  prepared  by  the  town  supervisors  shall 
be  used  and  the  town  supervisors,  acting  as  supervisors  of  the  cooperative 
school  district,  shall  attend  said  annual  meeting. 

378:2  Establishment  of  School  Board.  The  cooperative  school  board 
shall  consist  of  seven  members.  One  member  shall  be  elected  from  each 
of  the  towns  of  Enfield,  Canaan,  Dorchester,  Grafton  and  Orange,  by  the 
respective  voters  of  each  of  said  towns.  There  shall  be  one  additional 
member  from  the  town  of  Enfield  and  one  additional  member  from  the 
town  of  Canaan,  to  be  elected  by  all  the  voters  of  the  cooperative  school 
district.  The  present  members  of  the  school  board  shall  complete  the 
terms  of  office  to  which  they  were  elected,  and  thereafter  their  successors 


750  Chapter  379  [1963 

shall  be  elected  for  terms  of  three  years.  School  board  members  shall  be 
elected  at  the  annual  meeting  by  a  plurality  vote  of  those  qualified  voters, 
as  stated  in  this  paragraph,  present  and  voting. 

378:3  Election.  A  candidate  for  school  board  or  moderator  or  any 
other  district  office  shall  file  with  the  clerk  of  the  cooperative  school  dis- 
trict at  least  seven  days  before  the  date  of  the  annual  meeting.  The  clerk 
shall  prepare  separate  ballots  for  the  election  of  school  board  members 
for  the  voters  of  the  respective  towns;  each  ballot  shall  bear  the  name 
of  the  town  and  may  be  of  distinctive  color,  and  shall  list  the  candidate 
or  candidates,  and  provide  space  for  a  write-in.  The  clerk  shall  also  pre- 
pare one  ballot  for  the  election  of  a  moderator  and  any  other  district 
office,  bearing  the  name  of  Mascoma  Valley  Regional  School  District, 
listing  the  candidate  or  candidates,  and  providing  space  for  a  write-in. 

378:4  State  Aid.  The  Mascoma  Valley  Regional  School  District  shall 
receive  and  be  credited  with  the  total  amount  of  state  aid,  provided  by 
RSA  198:8,  9,  and  10  to  which  pupils  attending  the  cooperative  district 
would  have  entitled  the  pre-existing  districts,  had  they  remained  in  the 
pre-existing  districts. 

378:5  Takes  Effect.  This  act  shall  not  take  effect  unless  it  is  adopted 
by  a  majority  vote  of  the  qualified  voters  present  and  voting  at  a  special 
meeting  of  the  Mascoma  Valley  Regional  School  District  to  be  held  prior 
to  January  1,  1964,  or  at  an  annual  meeting  of  the  said  school  district  to 
be  held  in  1963  or  1964. 
[Approved  February  21,  1963.] 


CHAPTER  379. 

AN  ACT  RELATIVE  TO  THE  TOWN  OF  WOLFEBORO. 

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

379:1  Debt  Limit.  The  town  of  Wolfeboro  is  hereby  authorized  to 
incur  indebtedness  in  excess  of  the  limitation  of  indebtedness  imposed 
upon  said  town  by  RSA  33,  in  an  amount  not  to  exceed  two  hundred 
thousand  dollars.  Except  as  herein  otherwise  provided,  bonds  and  notes 
issued  in  connection  with  such  additional  indebtedness  shall  be  issued  in 
accordance  with  RSA  33. 

379:2  Takes  EfiEect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  February  21,  1963.] 


1963]  Chapter  380  751 

CHAPTER  380. 

AN  ACT  RELATIVE  TO  CONCORD  FEMALE  CHARITABLE  SOCIETY. 

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

380:1  Concord  Female  Charitable  Society.  Amend  section  2  of  an 
act  approved  January  5,  1853  being  the  charter  of  the  Concord  Female 
Charitable  Society  as  amended  by  section  1,  chapter  394,  Laws  of  1949, 
by  striking  out  said  section  and  inserting  in  place  thereof  the  following: 
Sect.  2.  Said  society  may  receive  by  subscription,  gifts,  grants,  bequests 
or  otherwise,  real  and  personal  estate  which  estate,  or  the  income  thereof, 
shall  be  appropriated  and  expended  for  the  purposes  of  charity,  as  said 
corporation  by  their  by-laws  or  votes  may  direct.  In  the  event  of  dissolu- 
tion of  said  society  the  remaining  assets  shall  be  distributed  equally 
among  those  churches  in  the  city  of  Concord  and  State  of  New  Hamp- 
shire, associated  with  the  society  as  indicated  in  the  minutes  of  the  last 
annual  meeting  of  members  prior  to  such  dissolution  and  shall  be  used 
by  said  churches  only  for  such  objects  of  charity  within  their  parishes  as 
are  consistent  with  the  purposes  of  the  society. 

380:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  February  25,  1963.] 


CHAPTER  381. 

AN  ACT  RELATIVE  TO  QUESTIONS  SUBMITTED  TO  VOTERS  OF  THE  TOWN  OF 

MEREDITH. 

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

381:1  Official  Ballot.  At  the  town  meeting  of  the  town  of  Meredith 
to  be  held  on  March  12,  1963,  the  following  questions  shall  be  printed 
upon  the  official  ballot  and  submitted  to  the  voters  of  said  town:  (a) 
"Shall  the  zoning  ordinance  as  proposed  by  the  planning  board,  estab- 
lished March  11,  1958,  be  adopted  by  the  voters  of  Meredith?"  (b)  "Shall 
the  building  code  as  proposed  by  the  planning  board,  established  March 
11,  1958,  be  adopted  by  the  voters  of  Meredith?"  Following  each  question 
there  shall  be  printed  the  words  "Yes"  and  "No"  and  a  space  provided 
wherein  the  voter  may  indicate  his  choice. 

381:2  Majority  Vote.  Each  of  the  foregoing  questions  shall  be  deter- 
mined by  a  majority  of  the  legal  voters  present  and  voting  on  said  ques- 
tion. 


752  Chapter  382  [1963 

381:3   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  February  25,  1963.] 


CHAPTER  382. 

AN  ACT  LEGALIZING  ACTION  TAKEN  AT  A  SPECIAL  MEETING  IN  THE  TOW^N  OF 

LITTLETON. 

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

382:1  Proceedings  Legalized.  The  votes  and  proceedings  of  the 
special  town  meetings  held  in  the  town  of  Littleton  on  January  16,  1963, 
adopting  the  provisions  of  an  act  of  the  legislature  entitled  "An  Act  rela- 
tive to  sewage  and  waste  treatment  plants  and  septic  tanks  for  the  town 
of  Littleton"  and  the  votes  and  proceedings  relative  to  raising  and  appro- 
priating funds  for  purposes  authorized  by  said  act  and  authorization  for 
bond  issue  are  hereby  legalized,  ratified  and  confirmed. 

382:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  February  25,  1963.] 
[Effective  date  February  25,  1963.] 


CHAPTER  383. 

AN  ACT  TO  LEGALIZE  THE  PROCEEDINGS  OF  A  SPECIAL  MEETING  OF  THE 
WOLFEBORO  SCHOOL  DISTRICT. 

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

383:1  Wolfeboro  School  District;  Proceedings  Legalized.  The  votes 
and  proceedings  at  the  special  school  district  meeting  held  in  the  town  of 
Wolfeboro  on  December  18,  1962,  are  hereby  legalized,  ratified  and  con- 
firmed. 

383:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  February  28,  1963.] 
[Effective  date  February  28,  1963.] 


1963]  Chapter  384  753 

CHAPTER  384. 

AN  ACT  TO  INCREASE  THE  POWERS  OF  QUEEN  OF  PEACE  COLLEGE. 

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

384:1  Powers  Increased.  Queen  of  Peace  College,  a  voluntary  cor- 
poration formed  under  the  provisions  of  RSA  292,  and  carrying  on  its 
activities  in  Jaffrey,  in  the  county  of  Cheshire,  is  hereby  authorized  and 
empowered  to  establish  and  maintain  in  the  said  town  of  Jaffrey  an  insti- 
tution of  learning  to  be  known  as  Queen  of  Peace  College;  to  prescribe 
the  rules  for  the  government  of  said  college  and  the  cotirse  of  studies  to 
be  pursued  therein,  and  to  confer  upon  the  graduates  thereof  the  degree 
of  bachelor  of  arts  in  philosophy  to  the  qualifying  candidates. 

384:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  March  1,  1963.] 
[Effective  date  March  1,  1963.] 


CHAPTER  385. 

AN  ACT  TO  LEGALIZE  THE  PROCEEDINGS  OF  SPECIAL  MEETINGS  OF  HOPKINTON 
VILLAGE  PRECINCT  ON  JULY  31,  1962  AND  SEPTEMBER  5,  1962. 

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

385:1  Meetings  Legalized.  All  proceedings  of  the  special  meetings 
of  Hopkinton  Village  Precinct  held  on  July  31,  1962  and  September  5, 
1962  and  the  exercise  of  all  powers  undertaken  to  be  exercised  by  the  said 
precinct  by  the  votes  taken  at  the  said  meetings  are  hereby  in  all  respects 
validated,  legalized,  ratified  and  confirmed. 

385:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  1,  1963.] 
[Effective  date  March  1,  1963.] 


CHAPTER  386. 

AN  ACT  RELATIVE  TO  THE  CAPITAL  RESERVE  FUND  ESTABLISHED  BY  THE 
LINCOLN  SCHOOL  DISTRICT. 

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

386:1     Lincoln- Woodstock    Cooperative   School   District.     Notwith- 
standing the  provisions  of  RSA  195:1 1-a,  the  balance,  as  of  July  1,  1963, 


754  Chapter  387  [1963 

of  the  capital  reserve  fund  established  by  the  Lincoln  School  District, 
shall  be  transferred  to  the  Lincoln-Woodstock  Cooperative  School  Dis- 
trict and  used  as  a  credit  against  the  cooperative  district  assessments  to 
be  raised  by  the  pre-existing  Lincoln  School  District  over  a  period  of  not 
more  than  the  first  ten  years  of  operation  of  said  Cooperative  School  Dis- 
trict, said  credits  to  be  given  and  said  transfers  of  funds  to  be  made,  at 
such  times  and  in  such  amounts  as  the  voters  of  the  Lincoln  School  District 
shall  determine  at  either  the  1963  annual  Lincoln  School  District  meet- 
ing or  at  a  special  meeting  of  said  Lincoln  School  District,  duly  called  for 
that  purpose,  to  be  held  prior  to  July  1,  1963. 

386:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  11,  1963.] 
[Effective  date  March  11,  1963.] 


CHAPTER  387. 

AN  ACT  RELATING  TO  THE  CHARTER  OF  MOUNT  ST.  MARY'S  CONVENT  OF  THE 

SISTERS  OF  MERCY  OF  MANCHESTER,  AND  CHANGING  THE  NAME  OF 

SAID  CORPORATION  TO  MOUNT  SAINT  MARY  COLLEGE. 

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

387:1  Amendment  of  Charter.  Amend  section  1  of  chapter  160  of 
the  Laws  of  1893,  as  amended  by  chapter  14  of  the  Laws  of  1934,  and  chap- 
ter 323  of  the  Laws  of  1961,  by  striking  out  in  the  fifth  and  sixth  lines 
the  words  "Mount  St.  Mary's  Convent  of  the  Sisters  of  Mercy,  of  Man- 
chester", and  inserting  in  place  thereof  the  following,  Mount  Saint  Mary 
College,  so  that  said  section  as  amended  shall  read  as  follows:  Section  1. 
That  Right  Reverend  Denis  M.  Bradley,  Sister  Mary  Catherine  Clifford, 
Sister  Mary  Gonzaga  O'Brien,  Sister  Mary  Fidelis  Hale  and  iSister  Mary 
Beatrice  O'Grady,  their  associates  and  successors  be  and  hereby  are  cre- 
ated a  body  politic  and  corporate  by  the  name  of  Mount  Saint  Mary 
College,  for  religious,  educational  and  charitable  purposes;  and  by  that 
name  may  sue  and  be  sued,  prosecute  and  defend  to  final  judgment  and 
execution,  and  shall  be  and  hereby  are  invested  with  all  the  powers  and 
privileges,  and  made  subject  to  all  the  liabilities  of  corporations  of  a 
similar  nature,  and  may  take  and  hold  real  and  personal  estate  by  pur- 
chase, devise,  donation,  payment  or  otherwise,  for  the  purposes  of  said 
corporation,  and  the  same  may  sell,  convey,  use,  enjoy  and  dispose  of  at 
pleasure;  may  have  a  common  seal,  and  change  the  same  at  pleasure;  may 
make  such  by-laws  for  the  government  of  said  corporation,  and  the  elec- 
tion, admission  and  expulsion  of  members  and  associates  thereof,  as  they 
shall  deem  necessary  and  proper,  not  inconsistent  with  the  laws  of  this 


1963]  Chapter  388  755 

state  or  nation,  and  upon  any  member  or  associate  refusing  to  conform  to 
the  by-laws  so  made  such  person  shall  cease  to  be  a  member  of  said  body 
corporate;  and  said  corporation  may  establish  in  Hooksett  in  the  county 
of  Merrimack  a  college  for  the  higher  education  of  women  to  be  called 
Mount  Saint  Mary  College,  may  prescribe  the  rules  for  the  government 
of  said  college,  the  course  of  studies  to  be  prescribed  therein  and  may 
confer  such  degrees  and  diplomas  upon  the  graduates  therefrom  as  are 
conferred  by  institutions  of  like  character. 

387:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  14,  1963.] 
[Effective  date  March  14,  1963.] 


CHAPTER  388 

AN  ACT  RELATIVE  TO  THE  CHARTER  OF  THE  NEW  HAMPSHIRE  CENTENNIAL 

HOME  FOR  THE  AGED. 

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

388:1  Authority  to  Hold  Property  Increased.  Section  2  of  chapter 
118  of  the  Laws  of  1876,  as  amended  by  section  1  of  chapter  152  of  the 
Laws  of  L893,  by  section  1  of  chapter  317  of  the  Laws  of  1917,  by  section 
1  of  chapter  281  of  the  Laws  of  1925,  by  section  1  of  chapter  304  of  the 
Laws  of  1931,  by  section  1  of  chapter  353  of  the  Laws  of  1953,  and  by 
section  1  of  chapter  357  of  the  Laws  of  1959,  is  hereby  amended  by  strik- 
ing out  the  whole  of  said  section  and  substituting  therefor  the  following: 
Sect.  2.  Said  corporation  is  hereby  authorized  to  establish  and  maintain 
in  the  city  of  Concord  an  institution  for  the  support  and  maintenance  of 
aged  people  of  both  sexes,  and  for  that  purpose  may  take  and  hold  real 
and  personal  estate,  by  donation,  bequest  or  otherwise,  to  an  amount  not 
exceeding  five  million  dollars,  which  shall  be  exempt  from  taxation  so 
far  as  the  same  are  devoted  and  used  and  occupied  for  benevolent  and 
charitable  purposes,  and  may  sell,  convey  and  dispose  of  the  same  at 
pleasure,  and  may  erect  and  maintain  such  buildings  and  appurtenances 
as  may  be  deemed  necessary  for  the  purposes  of  the  corporation. 

388:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  March  18,  1963.] 
[Effective  date  May  17,  1963.] 


756  Chapter  389  [1963 

CHAPTER  389. 

AN  ACT  RELATIVE  TO  GIFTS  TO  THE  TOWN  OF  TAMWORTH. 

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

389:1  Authority  of  Selectmen  of  Tamworth.  The  selectmen  of  the 
town  of  Tamworth  may  accept  gifts,  grants,  legacies  and  devises,  not  sub- 
ject to  regulation  as  provided  in  RSA  31:19  made  to  them  for  the  promo- 
tion of  the  general  welfare  of  the  town  and  its  inhabitants  including  the 
promotion  of  the  arts,  town  history,  sports,  recreation  and  industrial  de- 
velopment and  may  draw  orders  upon  the  treasurer  against  such  funds 
for  said  purposes. 

389:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  March  18,  1963.] 
[Effective  date  May  17,  1963.] 


CHAPTER  390. 

AN  ACT  INCREASING  THE  AUTHORITY  OF  THE  NEW  HAMPSHIRE  CONGREGA- 
TIONAL-CHRISTIAN CONFERENCE  TO  HOLD  PROPERTY. 

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

390:1  Authority  to  hold  Property  Increased.  Section  4  of  chapter 
415  of  the  Laws  of  1913  incorporating  the  General  Conference  of  Con- 
gregational Churches  of  New  Hampshire,  now  under  chapter  285  of  the 
Laws  of  1919  and  chapter  302  of  the  Laws  of  1933  named  The  New 
Hampshire  Congregational-Christian  Conference,  is  hereby  amended  by 
striking  out  all  of  said  section  4,  as  amended  by  section  1  of  chapter  267 
of  the  Laws  of  1939  and  substituting  therefor  the  following:  Sect.  4.  Said 
corporation  is  authorized  and  empowered  to  receive  and  hold  funds,  se- 
curities and  property  to  an  amount  not  exceeding  ten  million  dollars. 

390:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  March  21,  1963.] 
[Effective  date  May  20,  1963.] 


1963] 


Chapter  391  757 


CHAPTER  391. 

AN  ACT  RELATIVE  TO  THE  RYE  WATER  DISTRICT. 

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

391:1  Limitation  Repealed.  The  limitation  upon  the  incurring  of 
indebtedness  by  Rye  water  district  in  the  town  of  Rye  contained  in  chap- 
ter 394  of  the  Laws  of  1947,  and  amendments  thereto,  are  repealed  and 
said  Rye  water  district  is  authorized  to  issue  notes  and  bonds  as  a  village 
district  in  accordance  with  and  under  the  provisions  of  the  municipal 
finance  act  and  any  additions  thereto  or  amendments  thereof  now  or  here- 
after enacted. 

391:2    Action  at  Annual  District  Meeting  Authorized.    The   Rye 

water  district  may  vote  to  issue  notes  or  bonds  under  the  authority  of 
this  act  at  its  1963  annual  district  meeting  or  any  adjournment  thereof 
notwithstanding  that  the  warrant  for  said  meeting  may  have  been  posted 
before  the  effective  date  of  this  act. 

391:3   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  March  29,  1963.] 
[Effective  date  March  29,  1963.] 


CHAPTER  392. 

AN  ACT  RELATIVE  TO  THE  PRIMARY  ELECTION  IN  THE  CITY  OF  MANCHESTER. 

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

392:1  City  of  Manchester.  Amend  1959,  420:5  by  striking  out  the 
word  "September"  and  inserting  in  place  thereof  the  word,  October,  so 
that  said  section  as  amended  shall  read  as  follows:  420:5  Municipal 
Primary.  A  primary  conducted  by  the  regular  election  officers  shall  be 
held  at  the  regular  polling  places  in  each  ward  in  the  city  of  Manchester 
on  the  second  Tuesday  of  October,  1961,  and  biennially  thereafter,  for 
the  nomination  of  all  candidates  to  be  voted  for  at  the  biennial  municipal 
election  held  in  November,  except  members  of  the  school  committee. 

392:2  Primary  Election.  Amend  1959,  420:7  by  striking  out  the 
word  "twenty-one"  and  inserting  in  place  thereof  the  word,  twenty-eight, 
so  that  said  section  as  amended  shall  read  as  follows:  420:7  Posting  No- 
tices. Each  ward  clerk  shall,  twenty-eight  days  prior  to  such  primary, 
cause  notice  of  such  primary  to  be  posted  in  three  public  places  in  his 
ward. 


758  Chapter  393  [1963 

392:3  Change  of  Dates.  Amend  1959,  420:8  by  striking  out  the  word 
"twenty-one"  in  the  second  line  and  inserting  in  place  thereof  the  word, 
twenty-eight,  and  by  striking  out  the  word  "fourteen"  in  the  third  line 
and  inserting  in  place  thereof  the  word,  twenty-one,  so  that  said  section  as 
amended  shall  read  as  follows:  420:8  Declarations  of  Candidacy.  The 
name  of  a  candidate  shall  not  be  printed  upon  an  official  primary  ballot 
unless  not  more  than  twenty-eight  nor  less  than  twenty-one  days  prior  to 
such  primary  a  declaration  of  candidacy  shall  have  been  filed  and  the 
filing  fee  shall  have  been  paid,  or  the  required  number  of  primary  peti- 
tions shall  have  been  filed  with  the  city  clerk. 

392:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  April  10,  1963.] 
[Effective  date  June  9,  1963.] 


CHAPTER  393. 

AN  ACT  RELATIVE  TO  EXTRA  PAY  FOR  THE  POLICE  FORCE  IN  THE  CITY  OF 

MANCHESTER. 

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

393:1  Manchester  Police  Force.  Each  member  of  the  regular  police 
force  of  the  city  of  Manchester,  when  serving  at  the  polls  on  any  election 
day,  including  primaries,  shall  receive  over  and  above  his  regular  salary 
the  sum  of  one  dollar  and  eighty-seven  and  one-half  cents  per  hour,  the 
same  hourly  rate  as  regular  officers. 

393:2  Takes  Effect.  This  act  shall  take  effect  when  it  shall  have  been 
adopted  by  an  affirmative  vote  by  the  board  of  mayor  and  aldermen  of 
the  city  of  Manchester. 
[Approved  April  12,  1963.] 


CHAPTER  394. 

AN  ACT  RELATIVE  TO  THE  ESTABLISHMENT  OF  A  COOPERATIVE  SCHOOL 
DISTRICT  IN  THE  NEWFOUND  AREA. 

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

394:1    Authority  Conferred.   The  towns  of  Alexandria,  Bridgewater, 
Bristol,  Danbury,  Groton,  Hebron  and  New  Hampton,  or  any  combina- 


1963]  Chapter  394  759 

tion  of  said  towns,  are  hereby  authorized  to  form  a  cooperative  school 
district,  which  cooperative  school  district  shall  be  organized  under  the 
provisions  of,  and  in  the  manner  prescribed  by,  RSA  195  except  as  herein 
otherwise  provided. 

394:2  Costs  of  Capital  Outlay  and  Operation.  Upon  the  formation 
of  such  cooperative  school  district  and  for  the  first  five  years  thereafter, 
all  capital  outlay  costs  and  operational  costs  shall  be  paid  by  and  appor- 
tioned among  the  pre-existing  school  districts  on  the  basis  of  the  ratio 
that  the  budget  for  each,  for  the  school  year  1963-1964,  as  certified  by  the 
state  tax  commission,  shall  bear  to  the  aggregate  of  the  budgets  for  all  of 
the  pre-existing  school  districts  for  said  year. 

394:3  Five- Year  Period  Reconsideration.  At  the  expiration  of  the 
first  five-year  period  and  at  the  expiration  of  each  subsequent  five-year 
period,  the  basis  for  apportionment  of  capital  outlay  and  operational 
costs  shall  be  subject  to  review,  and  the  cooperative  school  district  board 
may  then  by  two-thirds  vote  of  the  entire  membership  of  the  board  modify 
the  method  of  apportionment  prescribed  in  section  2  hereof  to  reflect 
any  increase  or  decrease  in  the  average  daily  attendance  from  each  pre- 
existing school  district.  Such  modification,  if  voted,  shall  be  effectuated 
by  adding  to  or  subtracting  from  the  share  which  would  have  been  ap- 
portioned to  each  several  pre-existing  school  district  through  the  method 
of  apportionment  prescribed  in  section  2,  an  amount  which  will  take 
into  account  any  change  in  average  daily  attendance  from  such  pre-exist- 
ing district.  Provided,  that  there  shall  not  be  apportioned  to  any  pre- 
existing school  district  under  any  such  modification  an  amount  in  excess 
of  five  per  cent  of  the  amount  which  would  have  been  apportioned  to 
such  school  district  under  the  method  of  apportionment  prescribed  in 
said  section  2. 

394:4  Taking  Over  Property.  The  provisions  of  RSA  195:9  (supp) 
shall  not  apply  to  the  cooperative  school  district  organized  hereunder, 
nor  shall  any  other  provision  of  said  chapter  inconsistent  herewith  apply 
to  said  cooperative  school  district. 

394:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  April  20,  1963.] 
[Effective  date  June  19,  1963.] 


760  Chapter  395  [1963 

CHAPTER  395. 

AN  ACT  RELATIVE  TO  THE  LANCASTER-WHITEFIELD  COOPERATIVE  SCHOOL 

DISTRICT. 

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

Court  convened: 

395:1  Lancaster- Whitefield  District.  Notwithstanding  the  provi- 
sions of  paragraph  II  of  RSA  195:4  the  area  comprising  the  Lancaster- 
Whitefield  cooperative  school  district  may  have  a  maximum  of  not  more 
than  fifteen  school  board  members. 

395:2  Limitation.  Notwithstanding  the  provisions  of  RSA  195:15 
the  state  foundation  aid  to  which  the  area  comprising  the  Lancaster- 
Whitefield  cooperative  school  district  is  entitled  under  RSA  198:8,  9 
and  10  shall  be  credited  to  the  respective  pre-existing  school  districts. 

395:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  April  23,  1963.] 
[Effective  date  April  23,  '1963.] 


CHAPTER  396. 

AN  ACT  RELATIVE  TO  THE  CLASSIFICATION  OF  A  HIGHWAY  IN  THE  TOWN  OF 
GOFFSTOWN  AND  THE  CITY  OF  MANCHESTER. 

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

Court  convened: 

396:1  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  V  highway. 

396:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  2,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  397. 

AN  ACT  LEGALIZING  THE  PROCEEDINGS  AT  THE  ANNUAL  TOWN  MEETING  AND 
THE  ANNUAL  PRECINCT  MEETING  IN  FARMINGTON. 

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

397:1  Proceedings  Legalized.  The  votes  and  proceedings  at  the 
annual  town  meeting  of  the  town  of  Farmington,  held  on  the  twelfth 
day  of  March,  1963,  are  hereby  legalized,  ratified  and  confirmed. 


1963]  Chapter  398  761 

397:2  Precinct  Meeting.  The  votes  and  proceedings  at  the  annual 
precinct  meeting  of  the  town  of  Farmington,  held  on  the  10th  day  of 
April,  1963,  are  hereby  legalized,  ratified  and  confirmed. 

397:3  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[ApprovedMay  2,  1963.] 
[Effective  date  May  2,  1963.] 


CHAPTER  398. 

AN  ACT  LEGALIZING  THE  PROCEEDINGS  OF  THE  ANNUAL  SCHOOL  DISTRICT 
MEETING  HELD  IN  THE  TOWN  OF  LANDAFF  ON  MARCH  12,  1963. 

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

398:1  Proceedings  Legalized.  The  proceedings  and  votes  taken  at 
the  annual  school  district  meeting  in  the  town  of  Landaff  on  March  12, 
1963  are  hereby  legalized,  ratified  and  confirmed. 

398:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  7,  1963.] 
[Effective  date  July  6,  1963.] 


CHAPTER  399. 

AN  ACT  RELATIVE  TO  NEWFOUND  AREA  COOPERATIVE  SCHOOL. 

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

399:1  Change  in  Effective  Date.  Section  5  of  an  act  passed  at  the 
1963  session  of  the  general  court  entitled  "An  Act  relative  to  the  estab- 
lishment of  a  cooperative  school  district  in  the  Newfound  area"  approved 
April  20,  1963  is  hereby  amended  by  striking  out  said  section  and  insert- 
ing in  place  thereof  the  following:  5  Takes  Effect.  This  act  shall  take 
effect  as  of  April  20,  1963. 

399:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  7,  1963.] 
[Effective  date  May  7,  1963.] 


762  Chapter  400  [1963 

CHAPTER  400. 

AN  ACT  RELATIVE  TO  THE  CLASSIFICATION  OF  A  HIGHWAY  IN  NEWTON. 

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

400:1  Highway  in  Newton.  The  class  II  highway  in  the  town  of 
Newton  known  as  the  Country  Pond  Road  shall  hereafter  be  classified 
as  a  class  V  highway. 

400:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  1963.] 


CHAPTER  401. 

AN  ACT  AUTHORIZING  THE  USE  OF  THE  NAME  NEW  HAMPSHIRE  LIFE 
INSURANCE  COMPANY. 

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

401:1  Use  of  Name.  Lester  S.  Harvey,  Aretas  B.  Carpenter,  Joseph 
W.  Epply,  J.  Fred  French,  Ralph  A.  Mclninch,  Austin  V.  McKowen, 
Lawrence  C.  Hall,  Clark  B.  Bristol,  Harry  B.  Gilmore,  Jr.,  Charles  E. 
Kuehn,  and  their  associates,  successors,  and  assigns,  are  hereby  authorized 
to  form  a  life  insurance  company  under  the  name  of  the  New  Hampshire 
Life  Insurance  Company. 

401:2  Application  of  Statutes.  The  organization  of  such  company 
will  be  subject  to  all  the  provisions  of  RSA  401  and  to  the  applicable 
provisions  of  RSA  294,  except  section  3  of  RSA  294,  and  any  amendments 
to  said  chapters  hereafter  adopted,  and  to  the  approval  of  the  insurance 
commissioner  and  the  attorney  general  or  the  assistant  attorney  general 
as  provided  by  law. 

401:3  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  May  10,  1963.] 
[Effective  date  July  9,  (1963.] 


CHAPTER  402. 

AN  ACT  RELATING  TO  THE  GALE  HOME  FOR  AGED  AND  DESTITUTE  WOMEN. 

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

402:1    Change  of  Name.  Amend  section  1  of  the  charter  of  the  Gale 
Home  for  Aged  and  Destitute  Women,  chapter  199  of  the  Laws  of  1889, 


1963]  Chapter  400  763 

by  striking  out  the  words  "for  Aged  and  Destitute  Women"  in  the  fourth 
and  fiftii  lines,  so  that  said  section  as  amended  shall  read  as  follows:  Sect. 
1.  That  Nathan  P.  Hunt,  Walter  M.  Parker,  Isaac  L.  Heath,  Joseph  W. 
Fellows,  Benjamin  C.  Dean,  and  Andrew  Bunton  and  their  successors 
be  and  are  hereby  made  a  body  politic  and  corporate  by  the  name  of  the 
Gale  Home,  and  by  that  name  may  sue  and  be  sued,  prosecute  and  defend 
to  final  judgment  and  execution,  and  shall  have  and  exercise  all  the 
powers  and  privileges,  and  be  subject  to  all  the  liabilities  incident  to 
corporations  of  a  similar  nature. 

402:2  Amount  of  Property  Authorized.  Amend  section  2  of  said 
charter  of  the  Gale  Home  for  Aged  and  Destitute  Women  as  amended  by 
chapter  296  of  the  Laws  of  1929  and  chapter  389  of  the  Laws  of  1955  by 
striking  out  the  words  "not  exceeding  in  value  one  million  five  hundred 
thousand  dollars"  in  the  fifth  and  sixth  lines  and  by  striking  out  the  words 
"and  said  corporation  being  in  the  nature  of  a  public  charity,  its  property 
shall  be  exempted  from  taxation"  in  the  seventh  and  eighth  lines  so  that 
said  section  as  amended  shall  read  as  follows:  Sect.  2.  Said  corporation 
is  authorized  to  establish  and  maintain  in  the  city  of  Manchester  an  insti- 
tution for  the  care  and  support  of  aged  and  destitute  women,  and  for  that 
purpose  may  acquire  and  hold  by  lease,  purchase,  donation,  deed,  will, 
or  otherwise,  real  and  personal  estate  and  alienate  the  same  at  pleasure. 

402:3  Members  Increased.  Amend  section  4  of  said  charter  of  the 
Gale  Home  for  Aged  and  Destitute  Women  by  striking  out  the  word 
"eleven"  in  the  second  line  and  inserting  in  place  thereof  the  word, 
twenty-five,  so  that  said  section  as  amended  shall  read  as  follows:  Sect.  4. 
Said  corporation  may  elect  additional  members,  provided  the  total  num- 
ber of  its  members  shall  not  exceed  twenty-five;  shall  fill  vacancies  that 
may  from  time  to  time  occur  in  its  body  by  death,  resignation,  or  other- 
wise, so  that  the  members  of  the  corporation  shall  never  be  less  than  five; 
and  may  make  and  establish  all  necessary  by-laws,  rules,  and  regulations 
to  carry  into  effect  the  purposes  of  this  act. 

402:4  Takes  Effect.  This  act  shall  take  effect  upon  its  passage  and 
shall  be  subject  to  alteration,  amendment  or  repeal  at  the  pleasure  of  the 
legislature. 

[Approved  May  10,  1963.] 
[Effective  date  May  10,  1963.] 


764  Chapter  403  [1963 

CHAPTER  403. 

AN  ACT  LEGALIZING  PROCEEDINGS  AT  THE  TOWN  MEETING  MARCH  12,  1963 

IN  THE  TOWN  OF  BOW. 

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

403:1  Proceedings  Legalized.  The  votes  and  proceedings  at  the 
annual  town  meeting  on  March  12,  1963,  in  the  town  of  Bow  are  hereby 
leo;alized,  ratified  and  confirmed. 

403:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  10,  1963.] 
[Effective  date  May  10,  '1963.] 


CHAPTER  404. 

AN  ACT  LEGALIZING  THE  ELECTION  OF  OFFICERS  AT  THE  ANNUAL  TOWN 
MEETING  ON  MARCH  12,  1963  IN  THE  TOWN  OF  MILTON. 

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

404:1  Election  Legalized.  The  proceedings  relative  to  the  election 
of  officers  at  the  annual  town  meeting  on  March  12,  1963  in  the  town  of 
Milton  are  hereby  legalized,  ratified  and  confirmed. 

404:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  10,  1963.] 
[Effective  date  May  10,  1963.] 


CHAPTER  405. 

AN  ACT  LEGALIZING  CERTAIN  PROCEDURES  AT  THE  1962  ANNUAL  MEETING 
IN  THE  TOWN  OF  CONWAY. 

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

405:1  Proceedings  Legalized.  The  votes  and  proceedings  relative 
to  the  issuance  of  bonds  or  notes  in  an  amount  not  to  exceed  one  hundred 
and  forty-five  thousand  dollars  for  Class  IV  urban  highway  construction 
at  the  annual  meeting  of  the  town  of  Conway  held  on  March  13,  1962, 
are  hereby  legalized,  ratified  and  confirmed,  and  the  town  is  hereby  au- 
thorized to  issue  the  said  bonds. 

405:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  10,  1963.] 
[Effective  date  May  10,  1963.] 


1963]  Chapter  406  765 

CHAPTER  406. 

AN   ACT   PROVIDING   FOR  A  REFERENDUM   FOR  DISSOLVING  THE   HILLSBOROUGH 

BRIDGE  VILLAGE  FIRE  PRECINCT  AND  TRANSFERRING  ITS  FUNCTIONS 

TO  THE  TOWN  OF  HILLSBOROUGH. 

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

406:1  Hillsborough  Bridge  Village  Fire  Precinct.  The  Hillsborough 
Bridge  Village  Fire  Precinct  shall  be  dissolved  and  the  property  and  assets 
of  said  precinct  shall  become  the  property  and  assets  of  the  town  and  the 
liabilities  of  said  precinct,  if  any,  shall  become  liabilities  of  the  town  of 
Hillsborough. 

406:2  Commissioners.  The  fire  commissioners  of  said  precinct  shall 
become  fire  commissioners  of  the  town  of  Hillsborough  and,  as  their 
several  terms  expire,  they  shall  be  elected  or  reelected  in  the  same  man- 
ner as  other  elected  officials  of  the  town.  The  water  commissioners  of  said 
precinct  shall  become  water  commissioners  of  the  water  department  of 
the  town  of  Hillsborough  and,  as  their  several  terms  expire,  they  shall  be 
elected  or  reelected  in  the  same  manner  as  the  other  elected  officials  of 
the  town. 

406:3  Departments  Established.  The  precinct  fire  department  shall 
become  the  fire  department  of  the  town  of  Hillsborough.  The  precinct 
waterworks  shall  become  the  water  department  of  the  town  of  Hills- 
borough. Said  departments  shall  be  governed  and  administered  by  regu- 
lations submitted  by  the  respective  commissioners  and  approved  by  vote  of 
the  town  of  Hillsborough. 

406:4  Referendum.  This  act  shall  not  take  effect  until  a  referendurn 
has  been  had  as  herein  provided.  In  the  warrant  for  a  special  or  annual 
town  meeting  in  the  town  of  Hillsborough  shall  be  an  article  calling  for 
a  consideration  of  the  adoption  of  this  act,  and  if  two-thirds  of  the  voters 
present  and  voting  at  such  meeting  shall  approve  the  provisions  hereof 
the  act  shall  be  deemed  to  have  been  adopted  by  the  voters  of  the  town. 
In  like  manner  an  article  calling  for  a  consideration  of  the  adoption  of 
this  act  shall  be  in  a  warrant  for  a  special  or  annual  meeting  of  the  Hills- 
borough Bridge  Village  Fire  Precinct  and  if  two-thirds  of  the  precinct 
voters  present  and  voting  at  such  meeting  shall  approve  the  provisions 
hereof  the  act  shall  be  deemed  to  have  been  adopted  by  the  voters  of  the 
precinct.  If  the  act  is  adopted  both  by  the  town  and  the  precinct  it  shall 
be  effective  as  of  the  first  day  of  January  next  following  such  action. 

406:5  Repeal.  If  this  act  is  adopted  by  the  referendum  herein  pro- 
vided, all  acts  or  parts  of  acts  inconsistent  herewith  are  repealed  in  so  far 
as  the  town  of  Hillsborough  and  Hillsborough  Bridge  Village  Fire  Pre- 
cinct are  concerned. 


766  Chapter  407  [1963 

406:6   Takes  Effect.   For  the  purpose  of  the  referendum  provided  in 
section  4,  this  act  shall  take  effect  upon  its  passage.  The  remaining  pro- 
visions of  this  act  shall  be  effective  as  hereinbefore  provided  if  the  act  is 
adopted. 
[Approved  May  14,  1963.] 


CHAPTER  407. 

AN  ACT  RELATIVE  TO  THE  PERSONNEL  ADVISORY  BOARD  OF  THE  CITY 

OF  PORTSMOUTH. 

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

407:1  City  of  Portsmouth.  Amend  section  49  of  chapter  398  of  the 
Laws  of  1947  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  49.  Personnel  Advisory  Board.  There  is  hereby  estab- 
lished a  Personnel  Advisory  Board  of  three  citizens  holding  no  other 
political  office  and  appointed,  one  member  by  the  manager,  one  member 
by  the  council  in  accordance  with  its  rules  covering  such  matters,  and  the 
third  member  by  the  council  from  a  list  of  three  names  submitted  to  it 
from  employees  from  a  secret  ballot  regularly  conducted  in  which  all 
qualified  employees  shall  be  entitled  to  compete  and  in  which  each  par- 
ticipating employee  shall  write  on  a  blank  paper  the  name  of  his  choice 
for  membership  on  the  advisory  board.  The  ballots  so  cast  shall  be  counted 
and  the  names  of  the  persons  receiving  the  three  highest  votes  shall  be 
submitted  to  the  council  from  which  it  shall  appoint  one  qualified  person 
as  the  third  member  of  the  advisory  board.  In  the  first  instance  only,  the 
member  appointed  by  the  manager  shall  serve  for  one  year,  the  first 
member  appointed  by  the  council  from  an  employees  panel  for  three 
years,  in  each  case  beginning  on  the  effective  date  of  this  amendment  to 
the  charter;  the  term  of  all  succeeding  members  shall  be  for  three  years 
beginning  on  the  expiration  of  the  term  each  succeeds.  It  shall  be  the 
duty  of  the  personnel  advisory  board  to  study  the  broad  problems  of  per- 
sonnel policy  and  administration  of  the  merit  plan  and  retirement  system. 
Any  permanent  employee  dismissed  or  demoted,  or  suspended  for  more 
than  thirty  days  in  any  one  year,  may,  within  thirty  days  after  such  dis- 
missal, demotion  or  suspension,  appeal  to  the  personnel  advisory  board 
for  a  review  thereof.  Upon  such  review,  both  the  appealing  employee  and 
the  city  manager  whose  action  is  reviewed  shall  have  the  right  to  be 
heard  publicly  and  to  present  evidentiary  facts.  At  the  hearing  of  such 
appeals,  technical  rules  of  evidence  shall  not  apply.  If  the  personnel  ad- 
visory board  finds  that  the  action  complained  of  was  taken  by  the  city 
manager  for  any  political,  religious  or  racial  reason,  the  employee  shall 
be  reinstated  to  his  former  position  or  a  position  of  like  status  and  pay, 


1963]  Chapter  408  767 

without  loss  of  pay  for  the  period  of  his  suspension.  In  all  other  cases,  the 
findings  and  recommendations  of  the  personnel  advisory  board  shall  be 
submitted  to  the  city  manager  who  may,  not  later  than  thirty  days  after 
receipt  of  such  finding  and  recommendations,  reinstate  the  employee 
with  or  without  pay  for  the  period  of  suspension,  or  otherwise  modify 
his  original  decision  of  suspension,  demotion  or  discharge.  When  any 
employee  is  dismissed  and  not  reinstated  after  such  appeal  by  the  city 
manager,  in  spite  of  a  recommendation  by  the  personnel  advisory  board 
that  such  reinstatement  be  made,  the  employee  may  within  ten  days  after 
the  action  of  the  city  manager  appeal  to  the  mayor  and  city  council  or 
a  committee  of  the  city  council  to  be  appointed  by  the  mayor  and  council, 
who  may  make  such  further  recommendations  after  due  investigation 
as  they  deem  fit.  If  the  city  council  or  the  committee  of  the  city  council 
feel  that  the  findings  and  recommendations  of  the  advisory  board  should 
be  sustained  they  may  direct  the  city  manager  to  reinstate  the  employee. 
The  personnel  advisory  board,  shall  elect  a  chairman.  The  chairman  shall 
have  the  power  to  administer  oaths. 

407:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  May  17,  1963.] 
[Effective  date  May  17,  1963.] 


CHAPTER  408. 

AN  ACT  FIXING  THE  COMPENSATION  OF  MODERATORS  IN  THE  CITY  OF 

MANCHESTER. 

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

408:1  Compensation.  The  moderator  of  each  ward  in  the  city  of 
Manchester  shall  receive  as  compensation  for  his  services  on  each  election 
day,  including  primaries,  the  sum  of  fifty  dollars. 

408:2    Takes  Effect.    This  act  shall  take  effect  when  it  shall  have 
been  adopted  by  an  affirmative  vote  by  the  board  of  mayor  and  aldermen 
of  the  city  of  Manchester. 
[Approved  May  17,  1963.] 


768  Chapter  409  [1963 

CHAPTER  409. 

AN  ACT  RELATING  TO  THE  ASSESSMENT  OF  TAXES  FOR  THE 
TILTON-NORTHFIELD  FIRE  PRECINCT. 

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

409:1  Taxes.  The  taxes  to  be  raised  for  the  support  and  maintenance 
of  the  village  district  known  as  the  Tilton-Northfield  Fire  Precinct  shall 
be  assessed  against  the  taxable  property  in  said  district.  The  taxes  for 
each  year  shall  be  apportioned  between  the  parts  of  the  district  lying  in 
Northfield  and  Tilton  in  the  same  proportion  as  the  locally  assessed  valu- 
ation as  last  equalized  by  the  tax  commission  of  that  part  of  the  district 
located  in  each  bears  to  the  total  locally  assessed  valuation  of  the  district 
as  last  equalized  by  the  commission. 

409:2  Apportionment.  The  selectmen  of  Tilton  and  the  selectmen 
of  Northfield  shall  assess  the  taxes  for  said  fire  district  lying  in  their  re- 
spective towns  as  apportioned  in  accordance  with  the  preceding  section 
against  the  taxable  property  situated  therein.  The  division  of  the  taxes 
to  be  apportioned  to  each  part  of  the  district  shall  be  determined  by 
the  state  tax  commission. 

409:3   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  24,  1963.] 
[Effective  date  May  24,  1963.] 


CHAPTER  410. 

AN  ACT  RELATIVE  TO  COLBY  JUNIOR  COLLEGE  FOR  WOMEN. 

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

410:1  Limitation  on  Property  Removed.  Amend  section  2  of  the 
charter  of  Colby  Junior  College  for  Women,  an  act  approved  July  4, 
1837,  chapter  29  of  the  Private  Acts  passed  at  the  June  11837  session  of 
the  general  court,  as  amended  by  chapter  1620  of  the  Laws  of  1854,  chap- 
ter 1741  of  the  Laws  of  1855,  chapter  83  of  the  Laws  of  1867,  chapter  91 
of  the  Laws  of  1875,  chapter  134  of  the  Laws  of  1878,  chapter  236  of  the 
Laws  of  1891,  chapter  206  of  the  Laws  of  1903,  chapter  327  of  the  Laws 
of  1929,  chapter  311  of  the  Laws  of  1933,  chapter  268  of  the  Laws  of 
1941,  and  chapter  386  of  the  Laws  of  1955,  by  striking  out  the  words  "to 
an  amount  not  exceeding  five  million  dollars"  in  the  sixth  line,  so  that 
said  section  as  amended  shall  read  as  follows:  Sec.  2.  Be  it  further  enacted, 
that  said  corporation  may  establish  an  institution  in  the  town  of  New 


1962]  Chapter  411  769 

London  in  the  county  of  Merrimack  for  the  education  and  instruction  of 
youth  in  useful  knowledge,  may  erect,  own  and  maintain  suitable  build- 
ings therefor,  and  may  hold  real  and  personal  estate,  and  that  all  gifts, 
donations,  bequests  or  legacies  that  may  from  time  to  time  be  given  or 
bequeathed  to  said  institution  may  be  received,  held  and  possessed,  or  be 
sold  and  disposed  of  by  said  corporation  for  the  use  and  benefit  of  said 
institution,  and  the  interest,  rents  and  profits  of  the  same  applied  by  the 
corporation  in  such  a  manner,  as  will  best  promote  the  object  of  said 
institution. 

410:2  Number  of  Trustees;  Quorum.  Amend  section  1  of  chapter 
236  of  the  Laws  of  1891  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  Sect.  1.  The  number  of  trustees  to  be  chosen  by 
the  corporation  shall  be  twenty-four,  seven  of  whom  shall  constitute  a 
quorum. 

410:3  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  31,  1963.] 
[Effective  date  May  31,  1963.] 


CHAPTER  4n. 

AN  ACT  TO  LEGALIZE  THE  PROCEEDINGS  OF  THE  MEETING  OF  A  CERTAIN 
COOPERATIVE  SCHOOL  DISTRICT  HELD  AT  LANCASTER,  MAY  14,  1963. 

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

411:1  Proceedings  Legalized.  All  the  acts  and  proceedings,  includ- 
ing election  of  officers,  allocation  of  school  board  members  among  the 
several  school  districts  and  terms  of  office  thereof,  of  the  organization 
meeting  of  a  certain  cooperative  school  district  comprising  the  school 
districts  of  Carroll,  Dalton,  Jefferson,  Lancaster  and  Whitefield,  held  at 
the  National  Guard  Armory  at  said  Lancaster  on  May  14,  1963,  are  hereby 
legalized,  ratified,  approved  and  confirmed. 

411:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  May  31,  1963.] 
[Effective  date  May  31,  1963.] 


770  Chapter  412  [1963 

CHAPTER  412. 

AN  ACT  LEGALIZING  THE  PROCEEDINGS  OF  THE  ANNUAL  SCHOOL  DISTRICT 
MEETING  OF  THE  BOW  SCHOOL  DISTRICT. 

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

412:1  Proceedings  Legalized.  All  proceedings  relative  to  the  annual 
meeting  of  the  Bow  school  district  held  on  March  8,  1963,  and  all  votes 
taken  at  said  meeting,  including,  but  not  limited  to,  the  vote  of  the  dis- 
trict appropriating  the  sum  of  five  hundred  two  thousand  dollars  for  the 
design,  construction  and  equipping  of  an  elementary  school  to  be  fi- 
nanced by  the  issuance  of  bonds  or  notes  in  the  amount  of  five  hundred 
two  thousand  dollars,  are  hereby  legalized,  ratified  and  confirmed  and 
the  school  board  of  said  district  is  hereby  authorized  to  issue  bonds  in  a 
sum  not  to  exceed  five  hundred  two  thousand  dollars  notwithstanding 
the  provisions  of  RSA  33:4-a  and  RSA  33:4-b. 

412:2   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  7, '1963.] 
[Effective  date  June  7,  1963.] 


CHAPTER  413. 

AN  ACT  RELATIVE  TO  A  FIVE  DAY  WEEK  FOR  THE  CITY  OF  MANCHESTER 
POLICE  DEPARTMENT. 

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

413:1  Manchester  Police  Department.  Amend  section  1  of  chapter 
352  of  the  Laws  of  1917,  as  amended  by  section  1  of  chapter  290  of  the 
Laws  of  1943,  and  section  1  of  chapter  299  of  the  Laws  of  1951  by  adding 
at  the  end  thereof  the  words,  or  he  shall  be  reimbursed  for  the  time  so 
lost  at  the  prevailing  rate  of  pay,  at  the  discretion  of  the  member,  so  that 
said  section  as  amended  shall  read  as  follows:  Section  1.  Subject  to  the 
provisions  of  this  act,  members  of  the  regular  and  reserve  police  force  of 
the  city  of  Manchester  shall  be  relieved  of  police  duties,  without  loss  of 
pay,  two  days  in  each  seven  days.  A  member  so  relieved  shall  be  exempt 
for  the  time  from  actual  service  and  from  presence  for  duty,  but  other- 
wise shall  be  subject  during  such  relief  to  all  laws,  rules,  orders  and  regu- 
lations for  the  government  of  the  force  which  may  be  in  effect  from  time 
to  time.  Should  the  exigencies  of  the  service,  in  the  judgment  of  the  com- 
missioners, or  of  the  superintendent  or  other  superior  officer  authorized 
thereto  by  the  commissioners,  require  at  any  time  that  a  member  of  the 
force  should  be  deprived  of  his  period  of  relief  or  that  it  should  be  cur- 


1963]  Chapter  414  771 

tailed,  the  time  so  lost  shall  be  made  up  to  him  as  soon  thereafter  as  may 
be  practicable,  or  he  shall  be  reimbursed  for  the  time  so  lost  at  the  pre- 
vailing rate  of  pay,  at  the  discretion  of  the  member. 

413:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  10,  1963.] 
[Effective  date  August  9,  1963.] 


CHAPTER  414. 

AN  ACT  RELATIVE  TO  SALARIES  OF  MAYOR  AND  COUNCILMEN  OF  THE  CITY 

OF  LACONIA. 

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

414:1  City  of  Laconia.  Amend  section  14,  chapter  241,  Laws  of 
1893,  as  amended  by  section  3,  chapter  265,  Laws  of  1941,  chapter  324, 
Laws  of  1951  and  section  4,  chapter  411,  Laws  of  1957,  by  striking  out 
said  section  and  inserting  in  place  thereof  the  following:  Sect.  14.  The 
mayor  of  said  city  shall  be  chosen  biennially,  and  shall  have  the  same 
negative  upon  all  the  actions  of  the  council  as  by  the  public  statutes  the 
mayors  of  cities  are  given  upon  the  action  of  aldermen.  He  shall  preside 
in  the  meetings  of  the  city  council,  but  shall  have  no  vote  except  in  case 
of  an  equal  division.  In  his  absence  the  council  may  elect  one  of  their 
number  chairman,  who  shall  have  all  the  powers  and  perform  all  the 
duties  of  mayor  during  his  absence  or  disability,  or  during  a  vacancy  in 
said  office  from  any  cause.  The  salary  of  the  mayor  shall  be  three  thousand 
dollars  a  year,  payable  in  four  equal  installments. 

414:2  Councilmen.  Amend  section  15  of  chapter  241  of  the  Laws 
of  1893,  as  amended  by  section  3,  chapter  200,  Laws  of  190'1,  chapter  192, 
Laws  of  1903,  section  3,  chapter  213,  Laws  of  1903,  section  2,  chapter 
291,  Laws  of  1911,  section  4,  chapter  265,  Laws  of  1941,  chapter  323,  Laws 
of  1951,  and  section  3,  chapter  411,  Laws  of  1957,  by  striking  out  the 
word  "four"  in  the  fourth  line  and  inserting  in  place  thereof  the  word, 
eidit,  so  that  said  section  as  amended  shall  read  as  follows:  Sect.  15.  There 
shall  be  chosen  biennially  by  and  from  the  qualified  voters  of  each  of  the 
several  wards  of  said  city  one  councilman  to  serve  for  the  term  of  two 
years.  Each  city  councilman  shall  receive  a  salary  of  eight  hundred  dollars 
per  year  payable  in  four  equal  installments. 

414:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  '1,  1963. 
[Approved  June  12,  1963.] 
[Effective  as  of  July  1,  1963.] 


772  Chapter  415  [1963 

CHAPTER  415. 

AN  ACT  RELATING  TO  THE  WATER  WORKS  IN  THE  TOWN  OF  GREENVILLE. 

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

415:1  Additional  Powers.  Amend  section  1  of  chapter  328  of  the 
Laws  of  1903  by  adding  at  the  end  of  said  section  the  following:  In  addi- 
tion to  the  above  powers,  the  town  of  Greenville  is  authorized  to  pur- 
chase and  hold,  without  power  of  condemnation,  any  real  or  personal 
estate,  including  water  rights,  within  the  limits  of  the  towns  contiguous 
to  the  town  of  Greenville.  Further,  the  town  of  Greenville  may  convey 
by  appropriate  means  any  water  acquired  in  such  towns  to  the  town  of 
Greenville.  In  furtherance  thereof,  the  town  of  Greenville  shall  have  the 
power  to  purchase  or  take  land  within  such  other  towns,  the  taking  to  be 
limited  to  easements  and  rights-of-way  to  convey  water  by  underground 
pipes.  The  owner  of  any  land  so  appropriated  may  have  his  damages 
determined  by  the  procedure  set  forth  in  section  2  hereof;  so  that  said 
section  as  amended  shall  read  as  follows:  Section  1.  The  town  of  Green- 
ville is  hereby  authorized  and  empowered  to  construct,  manage,  main- 
tain, and  own  suitable  water-works,  for  the  purpose  of  introducing  into 
and  distributing  through  the  villages  in  said  town  an  adequate  supply 
of  pure  water  in  subterranean  pipes,  for  extinguishing  fires  and  for  the 
use  of  its  citizens,  and  for  other  purposes;  and  for  that  purpose  may  take, 
purchase,  and  hold,  in  fee  simple  or  otherwise,  any  real  or  personal  estate, 
and  any  rights  therein,  and  water  rights  necessary  for  carrying  into  effect 
the  purposes  of  this  act,  and  to  excavate  and  dig  canals  and  ditches  in 
any  street,  place,  squares,  passways,  highways,  commons,  or  other  place 
through  which  it  may  be  deemed  necessary  and  proper  for  building  said 
water-works,  and  relay,  change,  and  repair  the  same  at  pleasure,  having 
due  respect  for  the  safety  of  its  citizens  and  security  of  the  public  travel. 
In  addition  to  the  above  powers,  the  town  of  Greenville  is  authorized  to 
purchase  and  hold,  without  power  of  condemnation,  any  real  or  personal 
estate,  including  water  rights,  within  the  limits  of  the  towns  contiguous 
to  the  town  of  Greenville.  Further,  the**  town  of  Greenville  may  convey 
by  appropriate  means  any  water  acquired  in  such  towns  to  the  town  of 
Greenville.  In  furtherance  thereof,  the  town  of  Greenville  shall  have  the 
power  to  purchase  or  take  land  within  such  other  towns,  the  taking  to  be 
limited  to  easements  and  rights-of-way  to  convey  water  by  underground 
pipes.  The  owner  of  any  land  so  appropriated  may  have  his  damages 
determined  by  the  procedure  set  forth  in  section  2  hereof. 

415:2  Proceedings  Legalized.  All  votes  of  the  town  of  Greenville 
passed  at  the  town  meeting  held  on  March  12,  1963  relating  to  the  ac- 
quisition of  other  and  additional  sources  of  water  supply  for  the  town 
system  of  water-works,  as  well  as  to  the  establishment,  maintenance  and 


1963]  Chapter  416  773 

government  of  said  system  of  water-works  and  all  incidents  thereto,  are 
hereby  ratified  and  confirmed. 

415:3   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  12,  1963.] 
[Effective  date  June  12,  1963.] 


CHAPTER  416. 

AN  ACT  RELATIVE  TO  THE  POWERS  OF  BELKNAP  COLLEGE. 

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

416:1  Authority  Conferred.  Belknap  College,  a  voluntary  corpora- 
tion formed  under  the  provisions  of  chapter  292  of  the  Revised  Statutes 
Annotated  of  the  state  of  New  Hampshire  and  located  at  Center  Harbor, 
in  the  county  of  Belknap  and  said  state,  is  hereby  authorized  and  em- 
powered to  establish  and  maintain  an  institution  of  learning  to  be  known 
as  Belknap  College,  to  prescribe  rules  for  the  government  of  said  college 
and  the  courses  of  studies  to  be  pursued  therein.  Said  college  may  confer 
upon  the  graduates  and  others  such  degrees,  literary  titles,  honors  and 
distinctions  as  are  usually  granted  by  institutions  of  a  similar  character 
provided  that  such  degrees  and  honors  shall  be  granted  only  after  approval 
by  an  agency  of  the  state  authorized  by  the  general  court  to  review  and 
approve  the  granting  of  degrees  by  such  institutions  and  then  not  earlier 
than  one  year  from  the  passage  of  this  act. 

416:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  12,  1963.] 
[Effective  date  August  1 1,  1963.] 


CHAPTER  417. 

AN  ACT  RELATIVE  TO  SUBMISSION  TO  VOTERS  OF  LITTLETON  OF  QUESTION  ON 
ADOPTION  OF  ACT  PROVIDING  FOR  LITTLETON  PARKING  DISTRICT. 

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

417:1  Referendum.  At  any  regular  or  special  town  meeting  in  the 
town  of  Littleton,  the  selectmen  may  insert  in  the  warrant  for  said  meet- 
ing an  article  calling  for  the  consideration  of  the  question  of  the  adop- 


774  Chapter  418  [1963 

tion  of  an  act  of  the  1959  legislature  for  the  establishment  of  the  Littleton 
Parking  Districts  and  for  said  meeting  the  town  clerk  shall  prepare  ballots 
on  which  he  shall  insert  the  following  question:  "Shall  the  act  to  create 
the  Littleton  Parking  District,  Laws  1961,  chapter  357,  be  adopted?" 
If  a  majority  of  the  voters  present  and  voting  on  this  question  vote  in 
the  affirmative  chapter  357  of  the  Laws  of  1961  shall  be  declared  to  have 
been  adopted  and  the  said  Littleton  Parking  District  shall  be  established 
in  accordance  with  said  statute. 

417:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  12,  1963.] 
[Effective  date  June  12,  1963.] 


CHAPTER  418. 

AN  ACT  LEGALIZING  THE  ORGANIZATION  MEETING  OF  THE  NEWFOUND  AREA 

SCHOOL  DISTRICT. 

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

418:1  Proceedings  Legalized.  The  votes  and  proceedings  of  the 
organization  meeting  of  the  Newfound  area  school  district,  held  May  28, 
1963,  are  hereby  legalized,  ratified  and  confirmed. 

418:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  12,  1963.] 
[Effective  date  June  12,  1963.] 


CHAPTER  419. 

AN  ACT  LEGALIZING  CERTAIN  ACTION  AT  AN  ADJOURNED  TOWN  MEETING 

IN   FRANCESTOWN. 

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

419:1  Proceedings  Legalized.  The  votes  and  proceedings  at  the  ad- 
journed town  meeting  held  in  the  town  of  Fxancestown  on  May  17,  1963 
relative  to  construction  of  a  new  fire  station  and  the  borrowing  of  ten 
thousand  dollars  on  long  term  notes  for  the  purpose  are  hereby  legalized, 
ratified  and  confirmed  and  the  said  town  is  authorized  to  borrow  said 
sum  for  said  purpose. 


1963]  Chapter  420  775 

419:2  Takes  Effect,   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  12,  1963.] 
[Effective  date  June  12,  1963.] 


CHAPTER  420. 

AN  ACT  RELATIVE  TO  THE  CONCORD  CITY  CHARTER. 

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

420:1  City  of  Concord.  Amend  section  11  of  chapter  429  of  the 
Laws  of  1957  by  striking  out  said  section  and  inserting  in  place  thereof 
the  following:  429:11  Compensation.  Until  otherwise  fixed  by  the  mayor 
and  aldermen  the  mayor  shall  receive  a  salary  of  $8,500  per  annum,  pay- 
able monthly.  Aldermen  shall  receive  fifteen  dollars  per  meeting  upon 
attendance,  not  to  exceed  in  the  aggregate  three  hundred  dollars  per 
annum  in  full  for  their  services.  The  mayor  and  aldermen  in  office  at 
anytime  may  change  the  annual  salary  of  the  mayor  and  the  compensa- 
tion for  the  aldermen  provided  that  such  changes  shall  not  be  effective 
until  January  following  the  next  biennial  election  and  no  further  changes 
shall  be  made  for  a  period  of  two  years  from  said  January. 

420:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  19,  1963.] 
[Effective  date  June  19,  1963.] 


CHAPTER  421. 

AN  ACT  RELATIVE  TO  SPECIAL  MEETINGS  OF  THE  MAYOR  AND  BOARD  OF 
ALDERMEN   OF  CONCORD. 

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

421:1  Notice  of  Special  Meetings.  Amend  1957,  429:12  by  striking 
out  the  same  and  inserting  in  place  thereof  the  following:  429:12  Meet- 
ings. The  mayor  shall  preside  over  all  meetings  of  the  board  of  aldermen 
and  the  city  clerk  shall  act  as  a  clerk  of  the  board.  All  meetings  of  the 
board  of  aldermen  shall  be  public.  Regular  meetings  shall  be  held  at 
seven  o'clock  in  the  evening  on  the  second  Monday  of  each  month.  Special 
meetings  may  be  had  upon  notice  delivered  to  the  mayor  and  to  each 
alderman  by  the  city  clerk  at  the  written  request  of  the  mayor  or  at  least 


776  Chapter  422  [1963 

five  aldermen  or  by  such  other  method  of  calling  special  meetings  as  the 
board  of  aldermen  shall  provide  by  resolution.  The  board  of  aldermen 
shall  establish  its  own  rules,  and  a  majority  shall  constitute  a  quorum  for 
the  transaction  of  the  business  of  the  board.  The  mayor  shall  have  the 
right  to  introduce  bills  and  initiate  other  measures  in  the  board  of  alder- 
men, and  to  speak  therein  upon  pending  measures  without  resigning  the 
chair;  but  he  shall  not  be  counted  to  make  a  quorum  of  such  board,  nor 
vote  therein  except  in  case  of  equal  division.  He  shall  have  no  negative 
on  any  ordinance,  resolution  or  vote  of  the  board  of  aldermen.  The 
mayor-elect  and  the  newly  elected  members  of  the  board  of  aldermen 
shall  assume  office  at  the  regular  January  meeting  in  each  even  numbered 
year. 

421:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


CHAPTER  422. 

AN  ACT  RELATIVE  TO  THE  CITY  CHARTER  OF  CONCORD. 

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

422:1  City  Auditor.  Amend  1957,  429:23  by  striking  out  the 
words  "city  clerk"  in  the  third  line  and  inserting  in  place  thereof  the 
words,  city  auditor,  so  that  said  section  as  amended  shall  read  as  follows: 
429:23  Fiscal  Control.  The  administrative  code  shall  provide  for  the 
exercise  of  a  control  function,  in  the  management  of  the  finances  of  the 
city,  by  the  city  auditor.  The  control  function  shall  include  provisions 
for  an  encumbrance  system  of  budget  operation,  for  expenditure  only 
upon  written  requisition,  for  the  pre-audit  of  all  claims  and  demands 
against  the  city  prior  to  payment,  and  for  the  control  of  all  payments 
out  of  any  public  funds  by  individual  warrants  for  each  payment  to  the 
official  having  custody  thereof. 

422:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  19,  1963.] 
[Effective  date  August  18,  1963.] 


1963] 


Chapter  423  777 


CHAPTER  423 


AN  ACT  RELATING  TO  THE  SALARIES  OF  MEMBERS  OF  THE  SOMERSWORTH 

CITY  COUNCIL. 

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

423:1  City  of  Somersworth.  Each  member  of  the  city  council  of  the 
city  of  Somersworth  shall  receive  an  annual  salary  of  one  hundred  fifty 
dollars  for  attendance  at  all  regular  meetings  of  the  council  and  in  ad- 
dition thereto  the  sum  of  twelve  dollars  for  each  special  meeting  of  the 
council  duly  called;  provided,  however,  that  if  any  member  shall  fail  to 
attend  any  regular  meeting  of  the  council  the  sum  of  twelve  dollars  shall 
be  deducted  from  his  annual  salary,  and  no  member  shall  receive  any 
payment  for  any  special  meeting  not  attended. 

423:2  Repeal.  1957,  414,  providing  for  salaries  of  members  of  the 
Somersworth  city  council  is  hereby  repealed. 

423:3   Takes  Effect.   This  act  shall  take  effect  as  of  July  1,  1963. 
[Approved  June '19,  1963.] 
[Effective  date  July  1,  1963.] 


CHAPTER  424 

AN  ACT  RELATIVE  TO  TENURE  OF  OFFICE  OF  THE  CHIEF  OF  POLICE 
OF  THE  CITY  OF  DOVER. 

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

424:1  City  of  Dover.  Amend  Laws  1953,  chapter  358  by  inserting 
after  section  24  of  the  new  charter  as  inserted  by  section  33  of  said  chap- 
ter 358  the  following  new  section:  358:24-a.  Chief  of  Police.  The  chief 
of  police  shall  be  appointed  by  the  manager  for  an  indefinite  period  of 
time,  and  his  tenure  of  office  shall  depend  upon  his  good  conduct  and 
efficiency.  Said  chief  shall  be  technically  qualified  by  training  and  experi- 
ence, and  shall  be  removed  by  the  manager  only  for  just  cause  and  after  a 
hearing  by  the  city  council,  to  be  held  after  at  least  ten  days  notice  in 
writing  has  been  given  to  him  of  the  charges  against  him.  Nothing  herein 
shall  be  construed  as  prohibiting  an  appeal  by  said  chief  to  the  court. 

424:2  Alternative  Charter.  Amend  the  alternative  city  charter  of 
the  city  of  Dover,  Laws  1949,  chapter  430,  section  33,  as  amended  by  1953, 
358,  by  striking  out  subparagraph  (e)  and  inserting  in  place  thereof  the 
following:  (e)  The  police  commissioners  shall  have  authority  to  remove 


778  Chapter  425  [1963 

any  officer,  except  the  chief  of  police,  at  any  time  for  just  cause  and  after 
due  hearing,  which  cause  shall  be  specified  in  the  order  of  removal. 

424:3  Chief  of  Police.  Amend  the  alternative  city  charter  of  the 
city  of  Dover,  Laws  1949,  chapter  430,  by  inserting  at  the  end  of  section 
33  the  following  new  subparagraph:  (g)  The  commissioners  shall  appoint 
for  an  indefinite  period  of  time  a  chief  of  police  to  serve  as  the  chief 
officer  of  the  police  department  and  his  tenure  of  office  shall  depend  on 
his  good  conduct  and  efficiency.  Said  chief  shall  be  technically  qualified 
by  training  and  experience  and  shall  be  removed  by  the  commissioners 
only  for  just  cause  and  after  a  hearing  by  the  city  council  to  be  held  after 
at  least  ten  days'  notice  in  writing  has  been  given  to  him  of  the  charges 
against  him.  Nothing  herein  shall  be  construed  as  prohibiting  an  appeal 
by  said  chief  to  the  court. 

424:4  Change  of  Charter.  Notwithstanding  a  change  in  the  charter 
provisions  from  one  system  to  the  other  the  chief  of  police  shall  continue 
in  office  as  though  the  appointment  had  been  made  under  the  provisions 
of  either  charter. 

424:5    Takes  Effect,    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  21,  1963.] 
[Effective  date  June  21,  1963.] 


CHAPTER  425 

AN  ACT  TO  AUTHORIZE  THE  CHANGE  OF  NAME  OF  WENTWORTH  HOSPITAL  AND 
WENTWORTH-DOVER  CITY  HOSPITAL  TO  WENTWORTH-DOUGLASS  HOSPITAL, 

Whereas,  Laws  1905,  chapter  162,  authorized  the  city  of  Dover  "to 
accept  (the  request  of  Arioch  Wentworth)  for  the  purposes  in  said  will 
contained,  and  ...  to  erect,  establish,  equip  and  maintain  a  hospital 
for  the  benefit  of  sick  and  disabled  persons,  to  be  known  as  the  Went- 
worth Hospital";  and 

Whereas,  Laws  1949,  chapter  430,  Article  VI,  section  28,  authorized 
the  city  of  Dover  to  construct  and  do  and  perform  any  and  all  acts  neces- 
sary to  establish  and  maintain  a  Dover  city  hospital;  and 

Whereas,  said  hospital,  since  1 949,  has  been  known  as  the  Wentworth 
Hospital,  the  Wentworth-Dover  Hospital,  and  the  Wentworth-Dover 
City  Hospital;  and 

Whereas,  through  the  generosity  and  benevolence  of  Mr.  and  Mrs. 
Francis  S.   Douglass,  late  of  said  Dover,  deceased,  there  has  been  con- 


1963]  Chapter  425  779 

structed  a  substantial  addition  to  said  hospital,  known  as  the  "Douglass 
Memorial  Building"  which  has  been  formally  presented  to  and  accepted 
by  said  city  of  Dover;  which  has  replaced  the  older  buildings  at  said  hos- 
pital, now  therefore 

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

425:1  Name  Given.  In  recognition  of  and  appreciation  for  the 
gift  of  Mr.  and  Mrs.  Francis  S.  Douglass  to  the  city  of  Dover  of  said  Doug- 
lass Memorial  Building,  the  official  and  legal  name  of  the  Dover  mu- 
nicipal hospital  shall  be  Wentworth-Douglass  Hospital. 

425:2  Change  of  Name.  Section  28  of  chapter  430  of  the  Laws  of 
1949  is  hereby  amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following: 

28.  Wentworth-Douglass  Hospital;  Trustees.  The  city  of  Dover  is 
hereby  authorized  to  do  and  perform  any  and  all  acts  necessary  to  main- 
tain the  Wentworth-Douglass  hospital  agreeably  to  the  terms  and  condi- 
tions imposed  in  the  deed  of  trust  creating  such  hospital.  The  mayor  sub- 
ject to  confirmation  of  the  council,  shall  appoint  five  trustees,  one  for 
five  years,  one  for  four  years,  one  for  three  years,  one  for  two  years  and 
one  for  one  year,  and  each  year  thereafter  shall  elect  one  trustee  for  five 
years.  No  more  than  three  of  said  trustees  shall  be  of  the  same  political 
party.  If  a  vacancy  occurs  the  mayor  shall  appoint,  subject  to  the  con- 
firmation of  the  council,  some  person  to  fill  said  vacancy  for  the  unex- 
pired term.  Said  mayor  and  council  may  remove  any  member  of  said 
board  of  hospital  trustees  at  any  time  for  cause,  upon  charges  duly  filed 
with  the  clerk  of  said  city  and  upon  a  full  hearing  thereon;  provided, 
however,  that  no  member  of  said  board  shall  be  removed  except  upon 
the  affirmative  vote  of  two-thirds  of  all  the  members  of  said  board  of 
mayor  and  council,  voting  by  yea  and  nay.  The  mayor  shall  be  a  mem- 
ber, ex-officio  with  all  the  rights  and  privileges  of  his  associates  on  the 
board. 

The  city  of  Dover  is  also  authorized  to  construct  and  do  and  perform 
any  and  all  acts  necessary  to  establish  and  maintain  the  Wentworth- 
Douglass  hospital  as  a  hospital  for  the  city. 

425:3  Wentworth  Hospital.  Section  1,  chapter  162,  Laws  of  1905, 
hereby  amended  by  striking  out  the  words  "Wentworth  Hospital"  and  in- 
serting in  place  thereof  the  words,  Wentworth-Douglass  Hospitial. 

425:4   Takes  Effect.   This  act  shall  take  effect  as  of  January  1,  1964. 
[Approved  June  21,  1963.] 
[Effective  date  January  1,  1964.] 


780  Chapter  426  [1963 

CHAPTER  426. 

AN  ACT  RELATIVE  TO  COMPENSATION  OF  POLICEMEN  IN  THE  CITY  OF 

PORTSMOUTH. 

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

426:1  City  of  Portsmouth.  The  annual  salary  of  a  policeman  in 
the  city  of  Portsmouth,  other  than  the  city  marshal,  shall  be  based  upon 
a  standard  work  week  of  forty  hours,  or  five  consecutive  days  at  eight 
hours  per  day.  Compensation  shall  be  paid  for  time  worked  over  the  stand- 
ard work  period  and  said  additional  compensation  shall  be  computed  on 
the  base  rate  of  pay  for  the  man  in  grade;  provided,  however,  that  no 
additional  compensation  shall  be  paid  policemen  under  this  act  when 
appearing  as  witnesses  in  criminal  cases  in  any  court,  but  instead  the 
provisions  of  RSA  592-A:13  (supp)  shall  apply  in  such  instances. 

426:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  21,  1963.] 
[Effective  date  August  20,  1963.] 


CHAPTER  427. 

AN  ACT  RELATIVE  TO  THE  SALARY  OF  THE  MAYOR,  ALDERMEN  AND  MEMBERS 
OF  THE  SCHOOL  COMMITTEE  OF  THE  CITY  OF  MANCHESTER. 

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

427:1  Mayor  of  the  City  of  Manchester.  Amend  section  1  of  chap- 
ter 223  of  the  Laws  of  11883,  as  amended  by  chapter  203  of  the  Laws  of 
1907,  as  amended  by  chapter  280  of  the  Laws  of  1945  and  section  1  of 
chapter  437  of  the  Laws  of  1957,  by  striking  out  the  words  "six  thousand" 
in  the  second  line  and  inserting  in  place  thereof  the  words,  nine  thou- 
sand, so  that  said  section  as  amended  shall  read  as  follows:  Section  1. 
The  salary  of  the  mayor  of  the  city  of  Manchester  shall  be  nine  thou- 
sand dollars  per  year  payable  in  equal  semi-monthly  payments.  Said 
salary  shall  be  in  full  compensation  for  services  performed  and  personal 
expenses  incurred,  either  as  executive  or  as  member  of  any  board  or  com- 
mittee of  said  city. 

427:2  Aldermen.  Amend  section  1,  chapter  220,  Laws  of  1901,  as 
amended  by  section  1,  chapter  333,  Laws  of  1917,  as  amended  by  section 
1,  chapter  352,  Laws  of  1947  and  section  2,  chapter  437  of  the  Laws  of 
1957,  by  striking  out  the  words  "five  hundred"  in  the  second  and  third 


1963]  Chapter  428  781 

lines  and  inserting  in  place  thereof  the  words,  seven  hundred  fifty,  so 
that  said  section  as  amended  shall  read  as  follows:  Section  1.  Each  mem- 
ber of  the  board  of  aldermen  of  the  city  of  Manchester  shall  be  paid  the 
sum  of  seven  hundred  fifty  dollars  per  year  for  services,  payable  quarterly. 

427:3  School  Committee.  Amend  section  1,  chapter  323,  Laws  of 
1909,  as  amended  by  chapter  270,  Laws  of  11931  and  section  3,  chapter 
437  of  the  Laws  of  1957,  by  striking  out  the  word  "two"  in  the  sixth  line 
and  inserting  in  place  thereof  the  word,  three,  so  that  said  section  as 
amended  shall  read  as  follows:  Section  1.  At  every  election  hereafter  held 
in  said  city  of  Manchester  there  shall  be  elected  from  each  ward  one 
member  of  the  board  of  school  committee,  who  shall  hold  his  office  for 
the  term  of  two  years  from  the  first  Tuesday  of  January  next  following 
their  election.  The  salary  of  each  member  of  said  school  committee,  with 
the  exception  of  the  mayor,  shall  be  three  hundred  dollars  a  year. 

427:4  Fixing  Salaries.  Notwithstanding  the  provisions  of  any  other 
statute  to  the  contrary,  the  mayor  and  board  of  aldermen  of  the  city  of 
Manchester  are  hereby  empowered  and  authorized  after  January  1,  1964  to 
fix,  increase  or  change  the  salaries  of  any  of  the  following:  the  mayor, 
aldermen  and  members  of  the  school  committee,  provided  that  no  in- 
crease of  any  such  salary  shall  take  effect  until  the  term  of  office  subse- 
quent to  the  term  during  which  said  increase  was  voted. 

427:5    Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  June  24,  1963.] 
[Effective  date  June  24,  1963.] 


CHAPTER  428. 

AN  ACT  AUTHORIZING  N.  H.  COLLEGE  OF  ACCOUNTING  &  COMMERCE 
TO  GRANT  DEGREES. 

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

428:1  Authority  Granted.  The  college  conducted  by  the  N.  H.  Col- 
lege of  Accounting  8:  Commerce,  Inc.,  an  educational  institution,  is  here- 
by authorized  to  confer  upon  the  graduates  therefrom  the  degrees  of 
Bachelor  of  Business  Science  and  Associate  in  Business  Science.  The  de- 
gree of  Bachelor  of  Business  Science  as  awarded  by  the  aforesaid  institu- 
tion shall  represent  the  equivalent  of  a  four-year  course  and  at  least  thirty 
percent  of  the  total  credits  required  for  said  degree  shall  be  in  general 
education. 

428:2    Takes  Effect.    This  act  shall  take  effect  upon  its  passage. 
[Approved  June  24,  1963.] 
[Effective  date  June  24,  1963.] 


782  Chapter  429  [1963 

CHAPTER  429. 

AN  ACT  TO  AMEND  THE  CHARTERS  OF  VARIOUS  SAVINGS  BANKS. 

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

429:1  Strafford  Savings  Bank.  Amend  1823,  36:2,  3  and  4,  being 
the  charter  of  the  Strafford  Savings  Bank,  approved  July  1,  1823,  by  strik- 
ing out  said  sections  and  inserting  in  place  thereof  the  following:  Sec.  2. 
And  be  it  further  enacted,  that  the  said  Corporation  shall  be  capable  of 
receiving  from  any  person  or  persons,  disposed  to  enjoy  the  advantages  of 
said  Savings  Bank,  any  deposit  or  deposits  of  money,  and  to  use,  manage 
and  improve  the  same  for  the  benefit  and  advantage  of  the  person  or  per- 
sons, by,  or  for,  whom  the  same  shall  be  deposited  respectively,  and  the 
net  income  and  profits  of  all  deposits  of  money  received  by  said  Corpora- 
tion shall,  after  the  establishment  of  proper  reserves,  be  paid  out  and 
distributed  in  just  proportion  among  the  several  persons  by,  or  for,  whom 
the  said  deposits  shall  have  been  made;  and  all  such  deposits  may  be  with- 
drawn by  the  persons  entitled  thereto,  at  such  reasonable  times,  and  in 
such  manner  as  said  Corporation  in  its  by-laws  may  direct  and  appoint; 
or,  according  to  such  lawful  conditions  and  limitations  as  the  depositors, 
agreeably  to  the  regulations  of  said  Society  may  respectively  have  pre- 
scribed and  annexed  to  their  deposits.  Sec.  3.  And  be  it  further  enacted, 
that  the  said  Corporation  shall  be  capable  of  receiving  and  holding  such 
buildings  and  real  estate  as  shall  be  necessary  and  convenient  for  man- 
aging its  affairs,  provided  such  real  estate,  held  at  any  one  time  for  the 
purpose  aforesaid,  shall  not  have  exceeded  in  value  at  the  time  of  the  pur- 
chase or  acceptance  thereof  by  said  Corporation  the  amount  prescribed 
by  statute.  And  the  said  Corporation  shall  be  further  able  to  take,  hold, 
and  dispose  of  any  real  estate  what-so-ever,  which  may  be,  bona  fide  mort- 
gaged or  pledged  for  the  security  of  its  loans,  or  due  to  it,  or  which  may  be, 
bona  fide,  conveyed  to,  or  taken  by  said  Corporation  in  satisfaction  or  dis- 
charge of  debts,  demands  or  liabilities,  which  have  been  previously  con- 
tracted or  incurred.  Sec.  4.  And  be  it  further  enacted,  that  said  Corpora- 
tion shall  not  make  and  issue  any  bill  or  promissory  note  to  circulate  as 
currency.  The  officers  and  employees  of  the  corporation  may  be  paid  rea- 
sonable compensation  for  their  services.  The  books  and  accounts  of  said 
Corporation  shall  at  all  times  be  open  to  the  inspection  of  the  Governor 
of  this  State;  of  any  Justice  of  the  Superior  Court  of  Judicature;  of  a 
committee,  for  that  purpose  appointed,  of  either  branch  of  the  Legis- 
lature. 

429:2  Portsmouth  Savings  Bank.  Amend  1823,  27:3  and  4,  being 
the  charter  of  the  Portsmouth  Savings  Bank,  approved  June  26,  1823,  by 
striking  out  said  sections  and  inserting  in  place  thereof  the  following: 
Sect.  3.  And  be  it  further  enacted  that  the  said  corporation  shall  be  capa- 
ble of  receiving  and  holding  such  buildings  and  real  estate  as  shall  be 


1963]  Chapter  429  783 

necessary  and  convenient  for  managing  their  affairs;  provided  that  such 
real  estate  held  at  any  one  time  for  the  purpose  aforesaid  shall  not  have 
exceeded  in  value  at  the  time  of  the  purchase  or  acceptance  thereof  by 
said  corporation  the  amount  prescribed  by  statute.  And  the  said  corpora- 
tion shall  be  further  able  to  take,  hold  and  dispose  of  any  real  estate  what- 
so-ever,  which  may  be,  bona  fide,  mortgaged  or  pledged  for  the  security  of 
its  loans  or  debts  due  to  it;  or  which  may  be,  bona  fide,  conveyed  to,  or 
taken  by  said  corporation  in  satisfaction  or  discharge  of  debts,  demands  or 
liabilities,  which  shall  have  been  previously  contracted  or  incurred.  Sect. 
4.  And  be  it  further  enacted  that  said  corporation  shall  not  make  and 
issue  any  bill,  or  promissory  note  to  circulate  as  currency.  The  officers  and 
employees  of  the  corporation  may  be  paid  reasonable  compensation  for 
their  services.  And  the  books  and  accounts  of  said  corporation  shall  at  all 
times  be  open  to  the  inspection  of  the  Governor  of  this  State;  or  any  Jus- 
tice of  the  Superior  Court  of  Judicature;  or  of  a  Committee,  for  that 
purpose  appointed  by  either  branch  of  the  legislature. 

429:3  Somersworth  Savings  Bank.  Amend  1845,  30^1 :7  and  8,  being 
the  charter  of  the  Somersworth  Savings  Bank,  approved  July  2,  1845,  by 
striking  out  said  sections  and  inserting  in  place  thereof  the  following: 
Sec.  7.  The  said  corporation  shall  be  capable  of  taking  and  holding  such 
buildings  and  real  estate  as  shall  be  necessary  and  convenient  for  man- 
aging their  affairs,  not  exceeding  in  value,  at  time  of  purchase  or  ac- 
ceptance thereof;  the  amount  prescribed  by  statute.  The  said  corporation 
shall  be  further  allowed  to  take,  hold  and  dispose  of  any  real  estate 
whatever,  which  may  in  good  faith  be  mortgaged  or  pledged  for  the  se- 
curity of  its  loans  or  debts  due  to  it,  or  which  may  be  in  good  faith  con- 
veyed to  or  taken  by  said  corporation,  in  satisfaction  or  discharge  of  debts, 
demands  or  liabilities  which  shall  have  been  previously  contracted  or  in- 
curred. Sec.  8.  The  said  corporation  shall  not  make  or  issue  any  bill  or 
promissory  note,  to  circulate  as  currency.  The  officers  and  employees  of 
the  corporation  may  be  paid  reasonable  compensation  for  their  services. 

429:4  Manchester  Savings  Bank.  Amend  1846,  404:4  and  5,  being 
the  charter  of  the  Manchester  Savings  Bank,  approved  July  8,  1846,  by 
striking  out  said  sections  and  inserting  in  place  thereof  the  following: 
Sect.  4.  Said  corporation  shall  not  make  and  issue  any  bill  or  promissory 
note  to  circulate  as  currency.  Reasonable  salaries  or  compensation  may 
be  paid  to  the  Chairman  of  the  Board  of  Trustees,  President,  Treasurer, 
Secretary,  Board  of  Trustees,  members  of  the  corporation,  other  officers, 
employees,  and  agents  necessarily  employed  in  transacting  the  business 
of  said  corporation;  and  the  books  and  accounts  of  said  corporation  shall 
be  open  at  all  times  to  the  inspection  of  the  Governor  of  this  State  or  the 
Bank  Commissioner,  or  any  Justice  of  the  Superior  Court  of  Judicature, 
or  a  committee  appointed  for  that  purpose  by  either  branch  of  the  Legis- 
lature. Sect.  5.  No  officer  or  trustees  of  said  corporation  shall  borrow  any 
portion  of  said  deposits  except  as  may  be  permitted  by  statute. 


784  Chapter  429  [1963 

429:5  Pittsfield  Savings  Bank.  Amend  1855,  1751:1,  6,  7,  and  8, 
being  the  charter  of  the  Pittsfield  Savings  Bank,  approved  July  13,  1855, 
by  striking  out  said  sections  and  inserting  in  place  thereof  the  following: 
Section  1.  That  James  A.  Treat,  John  Berry,  Benjamin  Emerson,  Reuben 
F.  French,  James  Drake,  Charles  H.  Carpenter,  Sylvester  H,  French,  G.  F. 
Remick,  Lovell  Brown,  Jeremiah  Clough,  William  G.  French,  Walter  B. 
Drake  and  Richard  P.  J.  Tenney,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  Pittsfield  Savings  Bank  and 
that  they  and  such  others  as  shall  be  duly  elected  members  of  the  cor- 
poration, as  in  this  act  provided,  shall  be  and  remain  a  body  corporate 
and  politic  for  the  purpose  of  enabling  industrious  persons  of  all  descrip- 
tions to  invest  such  parts  of  their  earnings,  as  they  can  conveniently  spare, 
in  a  safe  and  profitable  manner.  Sec.  6.  The  officers  of  said  corporation 
shall  consist  of  a  president,  and  treasurer,  who  shall  give  bonds  in  a  sum 
not  less  than  five  thousand  dollars  for  the  faithful  discharge  of  his  duty,  a 
secretary,  and  as  many  trustees  or  directors  as  the  said  corporation  may 
deem  necessary,  and  such  other  officers  as  may  be  requisite  for  managing 
the  affairs  of  the  institution,  which  officers  shall  be  elected  as  provided 
in  the  by-laws,  shall  hold  their  offices  for  one  year,  and  until  others  are 
chosen  and  have  accepted  in  their  stead,  and  shall  be  sworn  to  the  faith- 
ful performance  of  the  duties  of  their  offices  respectively.  Sec.  7.  The  said 
corporation  shall  be  capable  of  taking  and  holding  such  buildings  and 
real  estate  as  shall  be  necessary  and  convenient  for  managing  their  affairs, 
not  exceeding  in  value  at  the  time  of  purchase  or  acceptance  thereof,  the 
amount  prescribed  by  statute.  Said  corporation  shall  be  further  allowed 
to  take,  hold  and  dispose  of,  any  real  estate  whatever,  which  may  in  good 
faith  be  pledged  or  mortgaged  for  the  security  of  its  loans  or  debts  due 
it,  or  which  may  be  in  good  faith  conveyed  to  or  taken  by  said  corpora- 
tion in  satisfaction  or  discharge  of  debts,  demands  and  liabilities,  which 
shall  have  been  previously  contracted  or  incurred.  Sec.  8.  The  said  cor- 
poration shall  not  make  or  issue  any  bill  or  promissory  note,  to  circulate 
as  currency.  Officers  and  employees  of  the  corporation  may  be  paid  rea- 
sonable compensation  for  their  services. 

429:6  Repeal.  Section  11  of  1855,  1751,  relative  to  Pittsfield  Sav- 
ings Bank,  is  hereby  repealed. 

429:7  Mascoma  Savings  Bank.  Amend  1899,  '152:4,  being  the  char- 
ter of  the  Mascoma  Savings  Bank,  approved  February  2,  1899,  by  strik- 
ing out  said  section  and  inserting  in  place  thereof  the  following:  Sect.  4. 
Said  corporation,  at  its  first  meeting  under  this  act,  and  at  any  annual 
meeting  thereafter,  shall  have  power  to  elect,  by  major  vote  of  those 
present,  other  persons  as  members  of  this  corporation,  not  exceeding 
fifty,  including  those  who  are  at  the  time  of  such  election  members 
thereof.  At  the  first  meeting  of  said  corporation,  and  at  each  subsequent 
annual  meeting,  there  shall  be  chosen  in  the  same  manner  from  among 
the  members  a  clerk  and  a  board  of  trustees,  not  exceeding  fifteen  in 


1963]  Chapter  430  785 

number,  who  shall  hold  their  office  until  others  are  elected  and  qualified 
in  their  stead.  The  management  of  the  business  of  said  savings  bank 
shall  be  committed  to  said  trustees  under  the  restrictions  of  the  by-laws 
and  the  laws  of  the  state.  Any  vacancy  in  the  board  of  trustees  may  be 
filled  at  a  special  meeting  of  said  corporation  called  for  that  purpose. 
Said  corporation  at  its  first  meeting  shall  enact  such  by-laws  for  the  gov- 
ernment and  management  of  its  business  as  shall  not  be  incompatible 
with  the  laws  of  the  state,  and  may  from  time  to  time,  at  the  annual 
meetings  or  at  a  special  meeting  called  for  that  purpose,  alter  and  amend 
the  same.  Said  corporation  shall  at  its  first  meeting  adopt  a  common  seal, 
which  may  be  changed  and  renewed  at  pleasure,  and  all  deeds,  convey- 
ances, grants,  covenants,  and  agreements  made  by  the  president  of  said 
bank,  or  any  other  person,  acting  under  the  authority  of  the  board  of 
trustees,  shall  be  good  and  valid  in  law. 

429:8  Newport  Savings  Bank.  Amend  1868,  87:5,  being  the  charter 
of  the  Newport  Savings  Bank,  approved  July  1,  1868,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  Sect.  5.  The  officers 
of  this  corporation  shall  consist  of  a  president  and  treasurer  who  shall 
give  bonds  in  such  sum  as  the  trustees  or  directors  may  require,  for  the 
faithful  discharge  of  his  duty;  and  as  many  trustees  or  directors  as  said 
corporation  may  deem  necessary,  and  such  other  officers  as  may  be  re- 
quired for  managing  the  affairs  of  said  institution;  which  officers  shall 
be  elected  as  provided  in  the  by-laws,  shall  hold  their  offices  for  one  year 
and  until  others  are  chosen  in  their  stead,  and  shall  be  duly  sworn  to  the 
faithful  performance  of  the  duties  of  their  offices  respectively. 

429:9  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  430. 

AN  ACT  TO  AMEND  THE  PORTSMOUTH  CITY  CHARTER. 

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

430:1  Election  of  Mayor,  Amend  section  13  of  chapter  398  of  Laws 
of  1947  by  striking  out  the  same  and  inserting  in  place  thereof  the  fol- 
lowing: 13.  Mayor.  The  candidate  for  councilman  who  shall  receive  the 
largest  number  of  votes  at  any  election,  provided  for  by  section  4  of  this 
chapter,  shall  be  the  mayor,  and  the  councilman  who  shall  receive  the 
next  largest  number  of  votes  shall  be  the  assistant  mayor,  during  their 
respective  terms  of  office.  In  the  event  two  or  more  persons  shall  receive 


786  Chapter  430  [1963 

an  equal  number  of  votes,  and  said  number  shall  be  the  largest  number 
received  by  any  councilman,  the  person  having  the  longest  period  of  serv- 
ice as  a  councilman  shall  be  the  mayor  and  the  person  having  the  next 
longest  period  of  service  shall  be  the  assistant  mayor.  In  the  event  one 
person  shall  receive  the  largest  number  of  votes  and  two  or  more  persons 
shall  receive  an  equal  number  of  votes  and  said  number  shall  be  the  next 
to  the  largest  number  of  votes  received  by  any  councilman,  the  person 
receiving  said  equal  number  of  votes  who  has  the  longest  period  of  serv- 
ice as  a  councilman  shall  be  the  assistant  mayor. 

430:2  Time  of  Taking  Office.  Amend  section  4  of  chapter  398  of 
Laws  of  1947  by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  4.  Biennial  Election.  On  the  first  Tuesday  after  the  first 
Monday  of  November  biennially,  in  the  odd  numbered  years,  hereafter, 
the  voters  of  the  city  of  Portsmouth  shall  meet  for  the  choice  of  coun- 
cilmen  and  six  members  of  the  board  of  education.  Said  elections  shall 
be  held  and  conducted  in  the  same  manner  as  is  prescribed  by  law  for 
the  biennial  election.  The  officers  elected  at  said  biennial  election  shall 
take  office  on  the  second  day  of  the  month  of  January  next  following 
said  election. 

430:3  Time  of  First  Meeting.  Amend  section  18  of  chapter  398  of 
the  Laws  of  1947,  as  amended  by  1953,  320  and  1957,  394  by  striking  out 
the  same  and  inserting  in  place  thereof  the  following:  18.  Meetings.  All 
meetings  of  the  council  shall  be  public.  Regular  meetings  shall  be  held 
at  some  time  between  seven  and  eight-thirty  o'clock,  to  be  set  by  the 
council,  in  the  evening  on  the  first  Monday  of  each  month  providing 
when  said  first  Monday  shall  fall  on  a  legal  holiday  the  meeting  shall  be 
held  on  the  second  Monday  of  the  same  month  and  providing  further, 
however,  that  the  first  meeting  after  a  new  council  has  taken  office  shall 
be  held  on  the  first  Monday  after  said  council  has  taken  office,  and  there- 
after at  such  other  times  as  are  required  by  this  charter.  The  council  shall 
establish  its  own  rules.  A  majority  of  the  council  shall  constitute  a  quorum 
for  the  transaction  of  business. 

430:4  Compensation  Increased.  Amend  section  16  of  chapter  398 
of  the  Laws  of  1947,  as  amended  by  1953,  338  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  16.  Compensation.  Each 
councilman  shall  receive  twenty-five  dollars  for  each  council  meeting  he 
attends,  but  not  more  than  the  sum  of  five  hundred  dollars  in  the  aggre- 
gate in  any  year.  The  compensation  herein  provided  shall  be  in  full  for 
all  services  and  expenses. 

430:5    Method  of  Printing  Names  on  Ballot  and  Time  for  Filing. 

Amend  section  6  of  chapter  398  of  the  Laws  of  1947  by  striking  out  the 
same  and  inserting  in  place  thereof  the  following:  6.  Preparation  of 
Ballots.  The  city  clerk  shall  prepare  the  ballots  to  be  used  at  the  munici- 
pal elections  in  form  as  nearly  like  the  ones  used  in  state  biennial  elec- 


1963]  Chapter  431  787 

tions  as  the  requirements  of  this  amended  charter  permit.  The  ballot 
shall  contain  the  names  without  party  designation  of  all  who  file  with 
the  city  clerk  as  candidates  for  councilman  or  for  members  of  the  board 
of  education,  not  later  than  five  o'clock  in  the  afternoon  of  the  fortieth 
day  before  the  election.  Candidates  shall  pay  the  city  clerk  a  fee  of  five 
dollars  except  those  on  whose  behalf  a  petition  shall  have  been  filed  by  at 
least  fifty  qualified  voters.  No  name  shall  be  printed  on  the  ballot  by 
reason  of  such  petition  unless  consent  thereto  shall  be  endorsed  on  the 
petition  by  the  candidate  himself  not  later  than  five  o'clock  in  the  after- 
noon of  the  thirty-ninth  day  before  the  election.  The  city  clerk  shall  have 
the  names  of  all  qualified  candidates  for  the  office  of  councilman  and 
member  of  the  board  of  education  printed  on  the  ballot  in  alphabetical 
order.  Below  the  list  of  names  of  candidates  for  councilman  there  shall 
be  as  many  blank  spaces  as  there  are  councilmen  to  be  elected.  There 
shall  similarly  be  as  many  blank  spaces  below  the  names  of  candidates 
for  members  of  the  board  of  education  as  there  are  members  to  be  elected 
to  said  board.  The  city  clerk  shall  have  the  same  powers  and  duties  with 
reference  to  municipal  elections  as  has  the  secretary  of  state  with  refer- 
ence to  general  biennial  elections  so  far  as  such  powers  and  duties  are 
not  inconsistent  herewith. 

430:6    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  431. 


AN  ACT  RELATIVE  TO  MEMBERSHIP  OF  THE  SCHOOL  BOARD  OF  TILTON  AND 
NORTHFIELD  UNION  SCHOOL  DISTRICT. 

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

431:1  Tilton  and  Northfield  Union  School  District.  Amend  Laws 
1927,  chapter  211  by  inserting  after  section  4  the  following  new  section: 
4-a  Qualification  of  Members.  The  members  of  the  school  board  of  the 
union  district  shall  be  elected  so  that  there  shall  be  at  all  times  three 
members  resident  of  the  town  of  Tilton  and  two  members  resident  of  the 
town  of  Northfield. 

431:2  Present  Members.  Nothing  herein  shall  be  construed  as 
affecting  the  terms  of  office  of  the  members  of  the  school  board  in  office 
at  the  date  of  the  passage  of  this  act. 


788  Chapter  432  [1963 

431:3    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  432. 

AN  ACT  LEGALIZING  ACTION  RELATIVE  TO  ZONING  AT  VARIOUS  TOWN  MEETINGS. 

Whereas,  certain  towns  at  their  annual  meetings  in  March,  1963 
had  in  their  respective  warrants  articles  relative  to  zoning;  and 

Whereas,  on  February  21,  1963,  an  amendment  was  passed  to  the 
zoning  laws.  Laws  1963,  c.  5,  which  changed  the  procedure  for  the  adop- 
tion of  zoning  ordinances;  and 

Whereas,  such  legislation  was  not  adopted  in  time  for  towns  to  com- 
ply with  its  changed  requirements;  now,  therefore. 

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

432:1  Proceedings  Legalized.  The  method  of  enactment  of  zoning 
regulations  in  the  following  named  towns,  adopted  at  the  respective  an- 
nual town  meetings  in  1963  are  hereby  legalized  and  ratified,  notwith- 
standing the  provisions  of  RSA  31:63-a,  as  inserted  by  1963,  5:2.  The 
towns  covered  by  this  section  are:  Atkinson,  Bow,  Bedford,  Chesterfield, 
Dublin,  Durham,  East  Kingston,  Gilford,  Goffstown,  Greenland,  Hamp- 
stead,  Hampton,  Hampton  Falls,  Hooksett,  Kingston,  Madbury,  Marl- 
boro, Mont  Vermont,  New  Castle,  Plymouth,  Rindge,  Salem,  Swanzey 
and  Windham. 

432:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  26,  1963.] 
[Effective  date  June  26,  1963.] 


CHAPTER  433. 

AN  ACT  LEGALIZING  THE  PROCEEDINGS  RELATING  TO  THE  ANNEXATION  OF  THE 

SANDWICH  SCHOOL  DISTRICT  TO  THE  INTER-LAKES 

COOPERATIVE  SCHOOL  DISTRICT. 

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

433:1     Proceedings  Legalized.    All   votes  adopted  and  proceedings 
taken  relative  to  the  annexation  of  the  Sandwich  School  District  to  the 


1963]  Chapter  434  789 

Inter-Lakes  Cooperative  School  District  are  hereby  legalized,  ratified  and 
confirmed  and  the  Inter-Lakes  Cooperative  School  District  as  reconsti- 
tuted by  the  annexation  of  the  Sandwich  School  District  is  hereby  de- 
clared to  be  duly  organized  as  a  single  cooperative  school  district  co-exten- 
sive with  the  boundaries  of  the  pre-existing  Sandwich  School  District  and 
the  pre-existing  Inter-Lakes  Cooperative  School  District,  to  provide  for 
the  educational  needs  and  services  of  the  elementary  and  secondary  school 
children  and  youth  effective  July  1,  1963.  Without  limiting  the  generality 
of  the  foregoing,  all  votes  and  proceedings  relative  to  said  annexation 
taken  at  the  following  meetings  are  hereby  expressly  legalized,  ratified 
and  confirmed:  meeting  of  the  state  board  of  education  on  January  7, 
1963;  meeting  of  the  Sandwich  School  District  on  February  9,  1963;  meet- 
ing of  the  Inter-Lakes  Cooperative  School  District  on  February  28,  '1963; 
meeting  of  the  state  board  of  education  on  March  11,  1963;  annexation- 
reorganization  meeting  of  Inter-Lakes  Cooperative  School  District  and 
Sandwich  School  District  on  April  1,  1963;  meeting  of  the  state  board  of 
education  on  April  15,  1963  and  the  annual  meeting  of  the  Inter-Lakes 
Cooperative  School  District  on  April  18,  1963. 

433:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  June  26,  1963.] 
[Effective  date  June  26,  1963.] 


CHAPTER  434. 

AN  ACT  RELATIVE  TO  THE  NASHUA  AIRPORT  AUTHORITY. 

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

434:1  Authority  to  Regulate  Limited.  Amend  sub-section  (3)  of 
section  5  of  chapter  343  of  the  Laws  of  1961  by  inserting  in  line  2  after 
the  word  "of"  the  word,  non-federal,  so  that  said  sub-section  as  amended 
shall  read  as  follows:  (3)  to  adopt  from  time  to  time  and  amend  by-laws 
covering  its  procedure,  rules  and  regulations  governing  use  of  non-federal 
air  navigation  facilities  and  any  other  services  made  available  in  connec- 
tion therewith,  to  publish  the  same,  if  such  publication  is  necessary  or 
advisable  and  to  cause  records  of  its  proceedings  to  be  kept; 

434:2  Joint  Authority  Extended.  Amend  sub-section  (4)  of  section 
5  of  chapter  343  of  the  Laws  of  1961  by  inserting  in  line  3  after  the  word 
'^States"  the  following.  State  of  New  Hampshire,  so  that  said  sub-section 
as  amended  shall  read  as  follows:  (4)  to  own,  construct,  maintain,  recon- 
struct, develop  and  operate  airports  or  other  air  navigation  facilities 
and  may  do  so  jointly  with  the  United  States,  State  of  New  Hampshire, 
other  states  or  with  cities  and  towns  of  the  state; 


790  Chapter  435  [1963 

434:3  Authority  Limited.  Amend  sub-section  (9)  of  section  5  of 
chapter  343  of  the  Laws  of  1901  by  striking  out  in  line  2  the  word  "an" 
and  inserting  in  place  thereof  the  following,  a  non-federal,  so  that  said 
sub-section  as  amended  shall  read  as  follows:  (9)  to  sell  or  lease  plots  of 
land  and  to  charg[e  and  collect  fees  for  services  made  available  in  connec- 
tion  with  a  non-federal  air  navigation  facility  or  in  the  development  of 
non-aviation  revenue; 

434:4  Authority  to  Tax  Discretionary.  Amend  sub-section  (15)  of 
section  5  of  chapter  343  of  the  Laws  of  1961  by  striking  out  the  same  and 
inserting  in  place  thereof  the  following:  (15)  to  certify  annually  to  the 
mayor  and  board  of  aldermen  the  amount  of  tax  recommended  to  be 
levied  for  airport  purposes,  not  to  exceed  one  mill  on  the  dollar  upon  the 
assessed  valuation  of  the  taxable  property  in  the  city  and  the  mayor  and 
board  of  aldermen  may  levy  and  collect  the  taxes  so  certified  at  the  same 
time  and  in  the  same  manner  as  other  city  taxes  are  levied  and  collected 
and  the  proceeds  of  such  taxes  when  and  as  collected  shall  be  set  aside 
and  deposited  in  the  aeronautical  fund  authorized  in  the  following  para- 
graph; 

434:5  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  June  26,  1963.] 
[Effective  date  August  25,  1963.] 


CHAPTER  435. 

AN  ACT  RELATIVE  TO  THE  INCORPORATION  OF  THE  UPPER  VALLEY 
DEVELOPMENT  COUNCIL,  INC. 

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

435:1  Incorporation.  There  is  hereby  created  and  incorporated  the 
Upper  Valley  Development  Council,  Inc. 

435:2  Purposes  and  Powers  Granted.  The  council  shall  have  the 
power  and  authority  to  do  all  things  necessary  and  proper  to  foster,  en- 
courage and  assist  in  the  location,  settlement  and  resettlement  of  industry, 
manufacturing  and  other  business  enterprises  within  the  area  comprising 
the  limits  of  the  member  towns,  cities  and  villages  within  the  council. 
The  council  shall  further  have  the  authority  to  promote  all  civic  im- 
provements within  the  council  area.  In  furtherance  of  such  powers,  the 
council  shall  have  the  power  to  acquire  by  purchase,  lease,  exchange  or 
otherwise,  land  and  real  estate  or  any  interest  therein  and  to  erect,  con- 
struct, alter,  repair,  maintain  and  improve  buildings  and  other  structures 


1963]  Chapter  435  791 

with  full  power  to  own,  hold,  sell,  lease,  mortgage  and  acquire  all  kinds 
of  property,  real  and  personal,  necessary  or  incidental  to  carrying  out  any 
of  the  aforegoing  purposes.  The  council  shall  have  the  power  to  under- 
take and  engage  in,  transact  and  carry  on  any  and  all  kinds  of  business 
that  may  be  necessary  in  connection  with  any  of  the  aforegoing  purposes. 
The  council  shall  not  be  conducted  for  gain  or  profit  and  it  shall  be  sup- 
ported and  maintained  by  such  membership  fees  and  assessments  as  its 
board  of  directors  shall  determine  to  be  necessary  for  the  proper  func- 
tioning of  the  corporation  and  by  contributions,  endowments  and  other 
appropriations  of  which  it  may  be  beneficiary.  The  directors  of  the  coun- 
cil shall  have  the  power  to  hire  such  employees  and  other  agents  as  they 
shall  deem  necessary  and  proper. 

435:3  Membership.  The  council  shall  be  comprised  of  the  city  of 
Lebanon,  the  towns  of  Hanover,  Enfield  and  Canaan,  all  in  the  state  of 
New  Hampshire,  and  the  towns  of  Hartford,  Woodstock  and  Norwich, 
all  in  the  state  of  Vermont.  The  membership  of  the  council  may  be  in- 
creased to  include  any  village  or  any  other  town  or  city  within  the  state 
of  New  Hampshire  or  state  of  Vermont  which  is  accepted  for  member- 
ship in  the  council  by  vote  of  the  directors  and  agrees  to  pay  a  share  of 
the  operational  costs  as  determined  by  the  board  of  directors.  Any  of  the 
member  cities,  towns  or  villages  may  each  year  continue  in  or  withdraw 
from  the  Upper  Valley  Development  Council  by  vote  of  the  governing 
body  of  such  cities,  towns  or  villages.  The  withdrawal  of  any  city,  town  or 
village  from  the  Upper  Valley  Development  Coimcil  shall  not  affect  the 
legal  status  of  this  corporation,  and  the  corporation  may  continue  to  op- 
erate, if  the  member  cities,  towns  and  villages  desire  to  continue  the  work 
of  the  council. 

435:4  Board  of  Directors.  The  government  of  the  council,  the  direc- 
tion  of  its  work  and  the  control  of  its  property  shall  be  vested  in  a  board 
of  directors,  consisting  of  one  representative  to  be  appointed  or  elected 
annually  from  each  of  the  member  cities,  towns  and  villages.  Each  of  the 
cities,  towns,  or  villages  may  elect  or  appoint  one  alternate  director  to 
serve  in  the  absence  or  incapacity  of  its  representative.  Six  members  of 
the  board  of  directors  shall  constitute  a  quorum  at  any  meeting.  The 
meetings  of  the  board  of  directors  shall  be  called  by  the  president.  Meet- 
ings of  the  directors  will  be  held  at  least  once  in  each  calendar  month. 
Each  director  or  the  alternate  director  shall  have  one  equal  vote  at  every 
regular  or  special  meeting  of  the  council  regardless  of  the  size  of  the  city, 
town  or  village  which  such  director  represents. 

435:5  Officers.  The  officers  of  the  council  shall  be  a  president,  a 
vice  president,  a  treasurer  and  a  secretary  who  shall  be  elected  each  year 
by  the  board  of  directors  from  their  own  number  immediately  following 
the  annual  nomination  or  election  of  the  directors  by  the  member  cities, 
towns  and  villages.  The  presidency  of  the  council  shall  be  rotated  an- 


792  Chapter  436  [1963 

nually  among  the  representatives  from  each  of  the  cities,  towns  and  vil- 
lages until  each  city,  town  and  village  shall  have  its  representative  elected 
to  the  presidency  of  the  council.  Thereafter,  the  presidency  shall  be  ro- 
tated among  the  member  cities,  towns  and  villages  on  a  similar  basis. 

435:6  Appropriations.  Each  of  the  cities,  towns  or  villages  shall 
have  the  power  to  contribute  toward  the  cost  of  the  operation  of  the 
council.  The  amount  of  the  contribution  of  each  of  the  cities,  towns  and 
villas:es  shall  be  set  bv  the  board  of  directors. 

435:7  Dissolution.  There  shall  be  no  corporate  stock  and  no  part 
of  the  net  earnings  of  the  corporation,  if  any,  shall  inure  the  benefit  of 
any  member  city,  town  or  village,  director  or  officer  of  the  corporation 
or  any  private  individual.  No  director,  officer  of  the  corporation  or  any 
private  individual  shall  be  entitled  to  share  in  the  distribution  of  any  of 
the  corporate  assets  on  dissolution,  the  assets  upon  dissokition  to  be  re- 
turned to  the  member  cities,  towns  and  villages  on  the  basis  of  their  con- 
tributions to  the  corporation. 

435:8   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  1,  1963.] 
[Effective  July  1,  1963.] 


CHAPTER  436. 

AN  ACT  RELATIVE  TO  THE  LISBON  VILLAGE  DISTRICT. 

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

436:1  District  Dissolved.  Subject  to  the  provisions  of  section  3  here- 
of, the  Lisbon  village  district  is  hereby  dissolved,  and  all  the  powers, 
duties,  functions  and  property  of  said  district  are  hereby  transferred  to 
the  town  of  Lisbon. 

436:2  Sewers.  Upon  and  after  the  dissolution  of  the  Lisbon  village 
district  as  provided  in  this  chapter,  the  provisions  of  RSA  252:4-18,  in- 
clusive, shall  be  in  effect  in  said  town,  and  the  selectmen  shall,  consistently 
with  said  provisions,  assess  upon  the  persons  whose  drains  enter  any  main 
drains  or  common  sewers  or  treatment  facilities,  or  whose  lands  receive 
any  special  benefit  therefrom  in  any  way,  their  just  share  of  the  expense 
of  constructing  and  maintaining  the  same  and  shall  otherwise  comply 
with  and  enforce  the  provisions  of  said  sections. 

436:3  Referendum,  A  special  meeting  of  the  Lisbon  village  district 
shall  be  held  on  a  date  to  be  determined  by  the  district  commissioners, 
said  meeting  to  be  held  sixty  days,  at  least,  prior  to  December  31,  '1963. 


1963]  Chapter  437  793 

The  district  clerk  shall  prepare  ballots  for  said  meeting  on  which  shall 
be  printed  the  following  question:  "Do  you  approve  of  the  provisions 
of  an  act  relative  to  the  Lisbon  village  district  enacted  by  the  1963  session 
of  the  General  Court?",  which  question  shall  have  alongside  it  printed 
boxes  in  which  the  voter  may  indicate  "yes"  or  "no".  If  a  majority  of  the 
voters  of  said  district  present  and  voting  at  said  special  meeting  shall  vote 
in  the  affirmative,  then  the  Lisbon  village  district  shall  be  dissolved  from 
and  after  January  1,  1964. 

436:4    Application  of  Statute.    Amend  RSA  52  by  inserting  after 
section  21  the  following  new  section:   52:21-a  Village  Districts  in  Lisbon. 

Notwithstanding  the  provisions  of  1961,  360:7,  the  provisions  of  section 
21  shall  be  applicable  to  the  village  district  existing  in  the  town  of  Lisbon 
at  the  time  of  the  passage  of  this  act,  and  to  any  other  village  district  which 
may  hereafter  be  established  in  said  town. 

436:5    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  1,  1963.] 
[Effective  date  August  30,  1963.] 


CHAPTER  437. 

AN    ACT    PROVIDING    FOR   THE    INTEGRATION    OF   THE    PRESENT   NON-CONTRIBU- 
TORY PENSION  SYSTEM  OF  THE  CITY  OF  NASHUA  WITH 
OLD  AGE  AND  SURVIVORS  INSURANCE, 

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

437:1  City  of  Nashua,  Pension  Plan.  Amend  section  11-a  of  chapter 
226  of  the  Laws  of  1923  as  inserted  by  1959,  384:'l,  by  striking  out  said 
section  and  inserting  in  place  thereof  the  following:  Sect.  11-a.  The 
retirement  system  now  in  effect  shall  be  integrated  with  the  old  age  and 
survivors  insurance  system  so  that  for  all  employees  or  city  officials  elig- 
ible for  pension  and  with  less  than  twenty-five  years'  service,  the  social 
security  benefits  will  be  offset  against  the  benefits  payable  under  the 
city  retirement  system;  that  for  all  employees  or  city  officials  eligible 
for  pension  with  twenty-five  years  or  more  service  and  less  than  thirty 
years'  service,  one-half  of  the  social  security  benefits  will  be  offset  against 
the  benefits  payable  under  the  city  retirement  system;  that  for  all  em- 
ployees or  city  officials  eligible  for  pension  and  with  thirty  years'  service 
or  more,  the  social  security  benefits  will  not  be  offset  against  the  benefits 
payable  under  the  city  retirement  system.  Provided  that  no  city  employee 
or  official  will  be  eligible  for  a  retirement  pension  until  said  employee 
or  official  has  reached  the  age  of  sixty  or  has  completed  thirty  years  of 


794  Chapter  438  [1963 

service  for  the  city,  except  that  the  sixty-year  age  limitation  or  the  thirty 
years  of  service  limitation  will  not  apply  to  employees  or  officials  who 
have  completed  twenty  years  of  service  with  the  city  on  or  before  July 
1,  1963. 

437:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  438. 

AN  ACT  TO  REPEAL  CHARTERS  OF  CERTAIN  CORPORATIONS. 

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

438:1  Charters  Repealed.  The  charter  or  certificate  of  incorpora- 
tion of  each  of  the  following  named  corporations  is  hereby  repealed,  re- 
voked and  annulled  except  as  otherwise  here  specified: 

A  &:  L  Wood  Working  Inc.  (Northfield,  1959) 

A  &:  R  Electrical  Inc.  (Concord,  1961) 

Able  Fuel,  Inc.  (Northfield,  1957) 

Acousticon  of  N.  H.,  Inc.  (Manchester,  1961) 

Adams  Brothers,  Inc.  (Pittsfield,  1953) 

Al-Roland  Auto  Body,  Inc.  (Manchester,  11960) 

Alcott  Realty  Corp.  (Manchester,  1961) 

All  State  Realty  &:  Development  Co.  Inc.  (Hooksett,  1959) 

Alpine  Aqueduct  Company  (Gorham,  1874) 

Al's  Meat  Market,  Inc.  (Manchester,  1960) 

American  Geloso  Electronics,  Inc.  (Bedford,  1957) 

American  Import  and  Exports  Association,  Inc.  (Nashua,  1960) 

American  Real  Estate  h  Insurance,  Inc.  (Manchester,  1958) 

Ames,  Roland  C,  Motor  Transportation,  Inc.  (Woodsville,  1954) 

Ammonoosuc  Corporation,  The  (West  Milan,  1960) 

Armory  Realty  Corporation  (Manchester,  1954) 

Amoskeag-Rudnick  Corp.  (Manchester,  1960) 

Anderson  Holding  Company,  Inc.  (formerly  Anderson  Oil  Co.,  Inc., 

Manchester,  1961) 
Anrev  Incorporated  (Hooksett,  1961) 
Apple  Hill  Camp,  Inc.  (Nelson,  1955) 
Argyle,  Inc.  (Manchester,  1957) 
Arlen's,  Inc.  (Dover,  1946) 
Armand  Upholstering  Company,  Incorporated  (Manchester,  1951) 


1963]  Chapter  438  795 

Associated  Plumbing  &:  Heating  Supplies,  Inc.  (Manchester,  1960) 

Associated  Sales,  Incorporated  (Concord,  1960) 

Atco,  Inc.  (Atkinson,  1959) 

Atlantic  Constrtiction  Corporation  (Plaistow,  1959) 

Atlantic  Terminal  Corporation  (Portsmouth,  1931) 

Austin  Associates,  Inc.  (Atkinson,  1959) 

Austin,  Charles  H.,  Incorporated  (Nashua,  1930) 

Autoland,  Inc.  (Plaistow,  1961) 

Automatic  Laundry,  Inc.  (Derry,  1958) 

B.  &:  F.  Associates,  Inc.  (Hampton,  1959) 

B  &:  M  Aviation  Corporation  (formerly  Amphibian  Sales  and  Service, 

Inc.,  Manchester,  1958) 
Babe's  Service  Station,  Inc.  (Berlin,  1958) 
Bailey's  Service  Station,  Inc.  (Manchester,  1957) 
Baldwin's,  F.  M.,  Inc.  (Keene,il959) 
Ball  Brand  Distributors,  Incorporated  (Sandwich,  1960) 
Bank  Park  Corporation  (Concord,  1953) 
Bara  Incorporated  (Durham,  1960) 
Barleda  Properties,  Inc.  (Newmarket,  1959) 
Barton  Insurance  Agency,  Inc.  (Keene,  1954) 
Bassett  Lumber  Co.,  Inc.  (Berlin,  1957) 
Batchelder,  Lee  R.,  Inc.  (Orford,  1959) 
Bayvue  Realty,  Inc.  (Alton,  1959) 
Beasom  Real  Estate  Company,  The  (Nashua,  1893) 
Bechard-Guertin  Real  Estate,  Inc.  (Nashua,  1960) 
Bedford  Motors,  Inc.  (Bedford,  1960) 
Beech  Hill  Realty,  Inc.  (Hopkinton,  1960) 
Beer  Shampoo,   Inc.   (formerly  Silver  K  Corporation,  Manchester, 

1959) 
Belknap  Home  Improvement  Company,  Inc.  (Laconia,  1956) 
Bel-Mar  Shoe  Products,  Inc.  (Manchester,  1960) 
Beneficial  Beverage,  Incorporated  (Portsmouth,  1959) 
Bennett  and  Boyle  Inc.  (Somersworth,  1956) 
Bergeron,  T.  R.  &:  E.  W.,  Inc.  (Keene,  1960) 
Ber-Kit  Industries,  Inc.  (Winchester,  1957) 
Berlin  Airways,  Inc.  (Berlin,  1956) 
Berlin  Amusement  Corporation  (Berlin,  1961) 
Berlin  House,  Inc.  (Berlin,  1949) 
Berlin  Utility  Gas  Co.,  Inc.  (Berlin,  1961) 
Bernard's  Millinery,  Inc.  (Dover,  1948) 
Better-Bilt  Homes,  Inc.  (Hampton,  1955) 
Better  Foods,  Inc.  (Manchester,  1961) 
Betty's  Stitching  Company,  Inc.  (Derry,  1960) 
Big  Barn,  Incorporated,  The  (Portsmouth,  1960) 
Bloomer  Furniture  Co.,  Inc.  (Keene,  1958) 
Blue  Mt.  Construction  Inc.  (Grantham,  1955) 


796  Chapter  438  [1963 

Boardman's  Inc.  (Hillsborough,  11962) 

iBoudreau,  A.  L.,  Sc  Sons,  Inc.  (Tilton,  1953) 

iBoulevard  Recreation  Company,  Inc.  (Gilford,  1953) 

Bounceland,  Inc.  (Nashua,  1961) 

Bow  Electric  Supply,  Inc.  (Concord,  1955) 

Breezy  Point,  Inc.  (Warren,  1958) 

Bridge  Fabrics  Corporation  (Manchester,  1960) 

Bristol  Theatre  Inc.  (Lancaster,  1941) 

Broadcast  Associates,  Inc.  (Nashua,  1958) 

Broek,  J.  R.,  Inc.  (Manchester,  1959) 

Brookhurst  Apartments,  Inc.  (Manchester,  1960) 

Brookside  Building  Supply,  Inc.  (Atkinson,  1960) 

Brown-MacDormand,  Inc.  (Hampton,  1959) 

Bud  &  Ron  Body  Company,  Inc.  (North  Stratford,  1959) 

Builders'  Woodworking  and  Supply  Co.,  Inc.  (Moultonboro,  1959) 

Buker-Page,  Inc.  (Laconia,  '1959) 

BurnScott,  Inc.  (Nashua,  1950) 

Burrows  Motor  Company,  Inc.  (Rochester,  1957) 

Business  Adjustment  Bureau,  Inc.  (Dover,  1959) 

Byron  Properties,  Inc.  (Dublin,  1956) 

C  &  F  Construction  Corporation  (Goffstown,  1960) 

Cabinet  Shop,  Inc.,  The  (Nashua,  1960) 

Camera  Shop  of  Claremont,  Inc.  (Claremont,  1958) 

Camp  DeWitt,  Inc.  (Alton,  1955) 

Camp  Marquette,  Incorporated  (Spofford,  1920) 

Camp  War  Bonnet,  Inc.  (Canaan,  1957) 

Canaan  Auto  Sales,  Inc.  (Canaan,  1960) 

Canal  Realty,  Inc.  (Manchester,  1961) 

Canney  Realty  Corporation  (Rochester,  1949) 

Capitol  Plaza  Hotel  Corporation  (Concord,  1960) 

Carleton,  L.  J.,  Company  (Manchester,  1924) 

Caron's  Furniture  Exchange,  Inc.  (Manchester,  1953) 

Carr  Trucking  Co.  (Bristol,  1936) 

Cascade  Manor,  Incorporated  (Alton,  1960) 

Castle  Corporation,  The  (Manchester,  1961) 

Castriano,  Inc.  (Seabrook,  1959) 

Cebb  Enterprises,  Inc.  (Dover,  1959) 

Cem-Lock  Construction  Company,  Inc.  (Nashua,  1958) 

Charles,  Scott  Co.,  Inc.  (Durham,  1961) 

Chelmar  Realty  Inc.  (Laconia,  1960) 

Chev-Lein  Manufacturing  Co.,  Inc.  (Manchester,  1957) 

Chicago  Title  Company,  Inc.  (Concord,  1961) 

Chickering  Brothers,  Inc.  (Walpole,  1958) 

Chippewa  Inc.  (Enfield,  1947) 

Circle  B  Ranch,  Inc.  (Hudson,  1960) 


1963] 


Chapter  438  797 


Claremont  Bowling  Lanes,  Inc.  (Claremont,  1957) 

Claremont  Cleansers  and  Dyers,  Incorporated  (Claremont,  1947) 

Claremont  Furniture  Corp.  (Claremont,  11941) 

Claremont  Paper  Corporation  (Claremont,  1946) 

Claremont  Publishing  Company,  Inc.  (Claremont,  1948) 

Cloutier  Sc  Viens,  Inc.  (formerly  Richard  &:  Viens,  Inc.,  Dummer, 

1961) 

Cody  Realty,  Inc.  (Newmarket,  1956) 

Coleman  Realty  Co.,  Inc.  (Exeter,  1955) 

Cole's  Mill,  Incorporated  (Littleton,  1950) 

College  Bookstore,  Incorporated,  The  (Hanover,  1915) 

Colonial  Motors,  Inc.  (Nashua,  1959) 

Color-Tech,  Inc.  (Kingston,  1961) 

Community  Watchmakers,  Inc.  (Salem,  1961) 

Concord  Summer  School,  Inc.  (Concord,  1960) 

Concrete  Construction  Corporation  (Manchester,  1961) 

Conway  Milling  Corporation  (Conway,  1955) 

Cornish  Manchester,  Inc.  (Manchester,  1949) 

Cornwall  Realty  Holdings,  Inc.  (Portsmouth,  1954) 

Coronis  "One  Hour"  Cleaners,  Inc.  (Nashua,  1959) 

Cottrell's,  Inc.  (Lincoln,  1957) 

Court  Products,  Inc.  (Plaistow,  1959) 

Crestview  Development  Co.,  Inc.  (Exeter,  1952) 

Crispin   Shoe   Co.,   Inc.   (formerly   Crispin  Enterprises,  Inc.,   Man- 
chester, 1960) 

Crowell-Hayden,  Inc.  (Manchester,  1960) 

Dade  Shoes,  Inc.  (Claremont,  1952) 

Dairy  Frozen  Products,  Inc.  (Concord,  1955) 

Dale's  Sales  of  Nashua,  Inc.  (Nashua,  1961) 

Derry  Enterprises,  Inc.  (formerly  Derry  Steam  Laundry,  Inc.,  Derry, 
1939) 

Derryfield  Electrical  Sales  Inc.  (Manchester,  1950) 

Dewyngaert,  Robert  C,  Co.,  Inc.  (Goffstown,  1957) 

Dick's  Moving  Service,  Inc.  (Portsmouth,  1959) 

Dock  Builders,  Inc.  (Laconia,  1961) 

Dorason  Shoe  Company,  Inc.  (Nashua,  1961) 

Dover  Shopping  Center,  Inc.  (Dover,  1959) 

Dover  Stationers,  Inc.  (Dover,  1957) 

Dowd,  Leo  B.,  Agency,  Inc.  (Nashua,  1948) 

Downing,  A.  L.,  Inc.  (West  Campton,  1960) 

Dube  and  Carter,  Inc.  (Merrimack,  1960) 

Dube  Realty  Co.,  Inc.  (Hooksett,  1960) 

Duncan,  Arthur  B.,  Company,  Inc.  (Portsmouth,  1961) 

Dwyer  Engineering  Company,  Inc.  (Nashua,  1954) 
Dwyer  Motor  Sales  Inc.  (Rochester,  1959) 


798  Chapter  438  [1963 

E  &:  A  Inc.  (Manchester,  1958) 
Eagle  Engraving,  Inc.  (Manchester,  1960) 
Earl's  Trucking  Co.,  Inc.  (Berlin,  1961) 
Early  American  Restaurant,  Inc.  (Nashua,  1961) 
East  Coast  Realty,  Inc.  (Portsmouth,  1959) 
East  Side  Drug  Company,  Incorporated,  The  (Berlin,  1933) 
Eastern  Pools,  Inc.  (Concord,  1959) 
Easton  Valley  Kart  Raceways,  Inc.  (Franconia,  1960) 
Easy  Test  Electronics,  Incorporated  (Manchester,  1959) 
Economy  Market,  Inc.  (Portsmouth,  1951) 
Economy  Plumbing  &  Heating,  Inc.  (Pelham,  1960) 
Economy  System  of  Lathing,  Inc.  (Manchester,  1952) 
Edgcomb  Motor  Sales,  Inc.  (Exeter,  1951) 
Elm  City  Trucking,  Inc.  (Keene,  1959) 
Elm  Street  Garage,  Inc.  (Milford,  1937) 

Esquire  Motors,  Inc.  (formerly  F  &:  L  Co.,  Inc.,  Manchester,  1961) 
Exeter  Appliance,  Inc.  (Exeter,  1959) 
Exeter  Associates,  Inc.  (Exeter,  1927) 
Exeter  Connectors,  Inc.  (Exeter, '1961) 
Exeter  Plate  Glass  &  Mirror  Co.,  Inc.  (Exeter,  1958) 
Extension  Woodworks,  Inc.  (Greenville,  1960) 
F.  R.  F.  Industries,  Inc.  (Newfields,  1961) 
First  National  Furniture  Outlet,  Inc.  (Manchester,  1961) 
First  White  Mountain  Finance  Corporation  (Plymouth,  1953) 
Fisherman's  Wharf  Restaurant,  Inc.  (Portsmouth,  1960) 
Fitch-Murray  Drug  Store,  Inc.  (Concord,  1955) 
Fitzgibbons  Mineral  Co.,  Inc.  (Keene,  1957) 
515  Associates,  Inc.  (Nashua,  1950) 
Flag-O-Matic  Mail  Box  Corporation  (Pelham,  1960) 
Flanders  Enterprises,  Inc.  (Nashua,  1960) 
Food  Basket,  Inc.  (Concord,  1960) 
Forrest  Park  Developers,  Inc.  (Portsmouth,  1961) 
404  Realty,  Inc.  (formerly  Samoset  Realty,  Inc.,  Portsmouth,  (1961) 
Fownes  Mfg.  Co.,  Inc.  (Rochester,  1952) 
Frank's  Ignition  Service,  Inc.  (Milford,  1960) 
Fraternity  House,  Inc.  (Manchester,  1960) 
Freedman's  Market,  Inc.  (Portsmouth,  1959) 
Frost  Enterprises,  Inc.  (Portsmouth,  195i8) 
Fuller  Brothers,  Inc.  (Colebrook,  1960) 
Fund  Raiser,  Inc.  (Exeter,  1960) 

Furniture  Discount  House,  Inc.,  The  (Claremont,  1956) 
G-A  Oil  Co.,  Inc.  (Manchester,  1954) 

G  B  C  Equipment  Corporation  of  New  England  (Concord,  11961) 
G.F.P.  and  P.  Corporation  (formerly  Air-Formed  Products  Corpora- 
tion, Nashua,  1958) 


1963]  Chapter  438  799 

G  Liquidating  Company,  Inc.  (formerly  V.  A.  Tompkins,  Inc.  and 
General  Distributors,  Incorporated,  Conway,  1948) 

G  &:  M  Enterprises  Inc.  (Laconia,  1960) 

G  &  P  Corporation  (formerly  Laconia  Cooper  Corporation,  Laconia, 
1954) 

Gale  Hall  Engineering,  Inc.  (Exeter,  1952) 

Galper  Beef  Company,  Inc.  (Salem,  1954) 

Gas  Utilities,  Inc.  (Concord,  1952) 

Gateway  Motel,  Inc.  (Rochester,  1960) 

Gauges,  Inc.  (Lee,  1960) 

Gay,  Roger,  Industries,  Inc.  (Goshen,  1961) 

Girard,  Victor  R.,  Company,  Inc.  (Pembroke,  1948) 

Giroux  &:  Corytsas,  Inc.  (Swanzey,  1961) 

Globe  Airview,  Inc.  (Concord,  1954) 

Globe  Office  Equipment  Co.,  Inc.  (formerly  Globe  Furniture  Ex- 
change, Inc.  Manchester,  1954) 

Gorham  Theatre,  Inc.  (Gorham,  1955) 

Granite  Casket  Co.  Inc.  (Manchester,  1957) 

Granite  Lake  Camp  Associates,  Inc.  (Nelson,  1959) 

Granite  State  Construction,  Inc.  (Hudson,  1960) 

Granite  State  Driving  Range  Inc.  (Salem,  1960) 

Granite  State  Outlet,  Inc.  (Rochester,  1958) 

Granite  State  Paint  &  Wallpaper,  Inc.  (Manchester,  1957) 

Granite  State  Realty  &  Construction  Co.,  Inc.  (Manchester,  1959) 

Grant  Manufacturing  Co.,  Inc.,  The  (Milford,  1955) 

Graphic  Real  Estate  Corporation  (Nashua,  1955) 

Great  Northern  Realty  and  Development  Corporation  (Concord, 
1954) 

Greenerd  Arbor  Press  Company  (Nashua,  1937) 

Greenleaf  Motor  Parts,  Inc.  (formerly  Austin  Motor  Parts,  Incor- 
porated, Nashua,  1938) 

Greer,  Isabel,  Nursing  Home,  Inc.  (North  Hampton,  1959) 

Grimes,  F.  E.,  &  Son,  Incorporated  (Dover,  1928) 

Grolmack  Corporation  (Nashua,  1957) 

Groves  Ford  Sales,  Inc.  (Hudson,  1959) 

Guenette  Farms,  Inc.  (New  Ipswich,  1954) 

Gunther,  Inc.  (Hampton,  1955) 

H  &  D  Corp.  (Nashua,  1961) 

H  &:  L  Const.  Co.,  Inc.  (Manchester,  1958) 

Hackett  and  Ring  Realty,  Inc.  (Hampton,  1958) 

Hampshire  Sales,  Inc.  (Peterborough,  1947) 

Hampton  Playhouse,  Inc.  (Hampton,  1960) 

Hanover  Sports  Associates,  Inc.  (Hanover,  1945) 

Harlan's  Motor  Sales  Inc.  (Manchester,  1960) 

Harmony  Homes,  Inc.  (Nashua,  1959) 


800  Chapter  438  [1963 

Hartland  Fair  Grounds,  Inc.  (Lebanon,  1960) 

Hartley  &  LaMott,  Inc.  (Piermont,  1957) 

Harwin  Manufacturing  Co.,  Inc.  (Manchester,  1950) 

Hatch  Theatres,  Inc.  (Wolfeboro,  1961) 

Haug  Portable  Brush  Cutter,  Inc.  (Nashua,  1951) 

Haven  Industrial  Supply  Corporation  (Nashua,  1955) 

Hawkins  Plumbing  and  Heating,  Inc.  (Gilford,  1956) 

Heard-Young  Inc.  (Nashua,  1957) 

Hemond  &:  Son,  Inc.  (Manchester,  1958) 

Hermit  Cove  Park,  Inc.  (Moultonboro,  1961) 

Hexagon,  Inc.  (Portsmouth,  1957) 

Higgins  &  Wilson,  Inc.  (Bristol,  1960) 

Hillsboro  Sales  and  Advertising  Service,  Inc.  (formerly  Dunbarton 

Sales  and  Advertising  Service,  Inc.,  Manchester,  1957) 
Hirsch,  A.  E.,  Inc.  (Pelham,  1957) 
Hobby  Realty,  Inc.  (Manchester,  1946) 
Hodgkins  Oldsmobile,  Inc.  (Concord,  1956) 
Hogan  Hotel  Inc.  (Rochester,  1961) 
Holden  Realty  Co.,  Inc.  (Newington,  1959) 
Holmes  and  Nelson,  Inc.  (Franklin,  1933) 
Horation  Club,  Inc.  (Surry,  1961) 
Hotel  Ellis,  Inc.  (Keene,  1947) 
Hotel  Hampshire,  Inc.  (Rochester,  1960) 
Houle,  D.  G.,  Roofing  Co.,  Inc.  (Manchester,  1956) 
Howes,  A.  T.,  Inc.  (formerly  Dakin-Howes,  Inc.,  Keene,  1951) 
Independent  Marine  Research  of  America,  Inc.  (Charlestown,  1960) 
Indian  Grille,  Inc.  (Seabrook,  1937) 
Indian  Head  Plaza  Corp.  (Manchester,  1961) 
Indian  Head  Shopping  Center,  Inc.  (Nashua,  1959) 
Industrial  Tank  Service,  Inc.  (Rye  Beach,  1960) 
Inland  Structures  Corporation  (Manchester,  1961) 
Insurance  Budget  Plan,  Inc.  (Berlin,  1960) 

Interloch  Inn,  Inc.  (formerly  The  Parkview,  Inc.,  Laconia,  1959) 
International  Design  Company,  Inc.  (Exeter,  1959) 
Interstate  Engine  Rebuilders,  Inc.  (Portsmouth,  1961) 
Interstate  Home  Improvement  Company,  Inc.  (Manchester,  1959) 
Interstate  Market  Merchandising  Inc.  (Manchester,  1961) 
Irving,  M.  L.,  &  Sons,  Inc.  (Concord,  194-8) 
Italian  Kitchen,  Inc.  (Nashua,  1959) 
J.B.V.  Realty,  Inc.  (Manchester,  1957) 
J  N  A  Investment  Corporation  (Hampton,  1959) 
J  Jay  C  Inc.  (Manchester,  1960) 
Jaffrey  Tool  Corporation  (Jaffrey,  1955) 
Jenney  Base  Supply,  Inc.  (Portsmouth,  ^1959) 
joe's  Bakery,  Inc.  (Portsmouth,  1960) 


1963]  Chapter  438  801 

K-A-S  Enterprises,  Inc.  (Portsmouth,  1960) 

KBR  Stations,  Inc.,  The  (iManchester,  1953) 

K.H.F.  Inc.  (Newton,  1960) 

K-L-M  Realty,  Inc.  (Manchester,  1957) 

Kangaroo  Salvage  Corporation,  The  (Littleton,  1960) 

Kay-Alton  Associates,  Inc.  (Manchester,  1960) 

Kearsarge  Hall,  Inc.  (North  Conway,  1957) 

Kearsarge  Publishing  Co.,  Inc.,  The  (Warner,  1959) 

Kearsarge  Valley  Country  Club,  Inc.  (North  Sutton,  1955) 

Keeler  Machine  Company,  Inc.  (Canterbury,  1960) 

Keene  Oil  Company  (Keene,  1925) 

Keene  Trailer  Park,  Inc.  (Keene,  1956) 

Kenmore  Enterprises,  Inc.  (Portsmouth,  1956) 

Kentom,  Inc.  (Portsmouth,  1960) 

King,  James  J.,  Company  (Lancaster,  1956) 

Kramer,  John,  Inc.  (formerly  Bennett  &  Kramer,  Inc.,  Concord,  1951) 

LaBerge  Lumber,  Inc.  (Berlin,  1957) 

Labonville  Lumber  Co.,  Inc.  (Gorham,  1952) 

Labonville  Realty,  Inc.  (Gorham,  1961) 

Labonville's  Drive-In,  Inc.  (Gorham,  1958) 

Laconia  Housing  Corporation  (Laconia,  1946) 

Lakes  Region  Auto  Rental,  Inc.  (Laconia,  1958) 

Lamda  Corporation  (Hampton,  1956) 

Lam-Ply,  Inc.  (Nashua,  1958) 

Lamy-Martin,  Inc.  (Manchester,  1947) 

Land  Ski.  Inc.  (Dover,  1958) 

Laperle's  Aviation,  Inc.  (Colebrook,  1959) 

LaQuerre  Bros.,  Inc.  (Nashua,  1958) 

Lariviere,  Jean,  Inc.  (Hooksett,  1957) 

Leal,  Inc.  (Manchester,  1960) 

Lebanon  Music  Center,  Inc.  (Lebanon,  1957) 

Lee  Shops,  Inc.  (Manchester,  11954) 

Lemon's  Furniture  and  Appliance,  Inc.  (Manchester,  1961) 

Leo  Realty  Co.,  Inc.  (Manchester,  1954) 

Lessard,  Bill,  Associates,  Inc.  (North  Hampton,  1959) 

Lincoln  Associates  of  New  England,  Inc.  (Chester,  1961) 

Lincoln  Park  Development  Corp.  (Nashua,  1959) 

Little,  A.  S.,  &:  Son,  Inc.  (New  London,  1947) 

Lloyd  Distributors,  Ltd.,  Inc.  (formerly  Universal  Auto  Body,  Inc., 

Manchester,  1957) 
Log  Cabin  Chanticleer,  Inc.  (Derry,  1955) 
Logs,  Inc.  (Manchester,  1946) 
Loulakis  Realty  Co.,  Inc.  (Nashua,  1959) 
Lowell  Laboratories,  Inc.  (Manchester,  1954) 
Lowell's  Appliance,  Inc.  (Exeter,  1960) 


802  Chapter  438  [1963 

Lyme  Aqueduct  Company  (Lyme,  1831) 

M.B.Z.  Foods  Inc.  (Dover,  1901) 

M  &  L  Corporation  (Nashua,  1959) 

Machinery  and  Engineering  Corp.  (Amherst,  1955) 

Main  Street  Realty,  Inc.  (Claremont,  1951) 

Management  Services,  Inc.  (Laconia,  1960) 

Manchester  Aviation  Corporation  (Manchester,  1961) 

Manchester  Free  Press,  Inc.  (Manchester,  1961) 

Manchester  Furniture  Sales,  Inc.  (Manchester,  1961) 

Manchester  Health  Studios,  Inc.  (Manchester,  I960) 

Manchester  Stationers,  Inc.  (formerly  Diamond  &:  Smith  Office  Equip- 
ment, Inc.  and  Smith  Office  Equipment,  Inc.  Manchester,  1957) 

Marlboro  Development  Committee,  Inc.  (Marlboro,  1956) 

Masters  Lodge,  Inc.  (Warner,  1960) 

Match-Numbers,  Inc.  (Portsmouth,  1955) 

Mayo,  James  P.,  Inc.  (Nashua,  1937) 

MacDay,  Inc.  (Portsmouth,  1960) 

McGranahan,  P.  H.,  Co.,  Inc.  (Manchester,  1950) 

McGray,  L.  R.,  Inc.  (Newport,  1959) 

McReel  Brothers  Incorporated  (Exeter,  1953) 

Medlyn,  Inc.  (Jaffrey,  1957) 

Meredith  Laboratories,  Inc.  (Meredith,  1951) 

Merrimack  Mills  Wayside  Stores,  Inc.  (Salem,  1952) 

Mesur-Matic  Electronics  Corp.  (Bradford,  1960) 

Miami  Gardens,  Inc.  (Manchester,  1954) 

Missilonics,  Inc.  (Nashua,  1957) 

Mobile  Spectaculars,  Inc.  (Manchester,  1959) 

Monadnock  Country  Homes,  Inc.  (Jaffrey,  1957) 

Monadnock  Research  Institute,  Inc.  (Antrim,  1955) 

Mooney,  A.  A.,  Furniture  Company,  Inc.  (Manchester,  1958) 

Moore's  Boat  Yard,  Inc.  (Dover,  1959) 

Moosilauke  Inn,  Inc.  (Warren,  1958) 

Morrill  Motor  Sales,  Inc.  (Nashua,  1956) 

Moulton  Hotel  Corporation  (formerly  Berkeley-Seabrook  Corpora- 
tion, Seabrook,  1955) 

Moultonboro  Plumbing  and  Hardware,  Inc.  (Moultonboro,  1959) 

Munroe  8c  Grant  Inc.  (Newport,  1960) 

Murphy,  D  R:  D,  Aluminum  Co.,  Inc.  (Dover,  1960) 

Mutual  Insurance  Agency,  Inc.  (Nashua,  1960) 

Nadeau,  James  P.,  Theatres  Incorporated  (Dover,  1952) 

Napert  Construction  Co.,  Inc.  (Berlin,  1961) 

Narragansett  Corporation,  The  (Amherst,  1958) 

Nashua  Excavating  Corporation  (Nashua,  I960) 

Nashua  Fund,  Inc.  (Nashua,  1960) 

Nashua  Machine  Co.,  Inc.  (Nashua,  1954) 


1963]  Chapter  438  803 

Nashua  Textile  Company  Inc.  (Nashua,  1948) 

Nashwa-Matic  Products  Company,  Inc.  (Nashua,  1959) 

National  Home  Trades,  Inc.  (Keene,  1959) 

Nat's  Delicatessen,  Inc.  (Dover,  1956) 

Natureland,  Inc.  (Lincoln,  1960) 

Needham  Realty  Company,  Inc.  (Gilford,  1960) 

Neverett,  \V.  J.,  Garage,  Inc.  (Nashua,  1959) 

New  England  General  Agency,  Inc.  (Manchester,  1960) 

New  England  Health  Studios,  Inc.  (Manchester,  1960) 

New  England  Market,  Inc.  (Manchester,  1925) 

N.  H.  Fire  Security  Corporation  (Manchester,  1960) 

N.  H.  Transport,  Inc.  (Rochester,  1959) 

N.  H.  Vending  Co.  Inc.  (Somersworth,  1953) 

Newbury  Garage  Co.,  Inc.  (Newbury,  1962) 

Newcomb  Broadcasting  Corporation  (Nashua,  1957) 

Newholl  Corporation,  The  (Hollis,  1958) 

Newington  Sales  Co.,  Inc.  (Newington,  1957) 

Newport-Sunapee  Construction  Corporation  (formerly  Hall  &  Smith 

Company,  Inc.,  Sunapee,  1960) 
Newton  Diversified  Builders,  Inc.  (Newton,  1960) 
NicholsTolger,  Inc.  (Kingston,  1956) 
Nolin's,  Inc.  (Keene,  1925) 
Normand  Brothers,  Inc.  (Manchester,  1961) 
Norris,  Robert,  Imports,  Inc.  (Nashua,  4959) 
North  Country  Hardware,  Inc.  (Littleton,  1954) 
Northeast  Broadcasting  Corporation  (Manchester,  1955) 
Northeast  Mountain  Corporation  (Ossipee,  1957) 
Northeast  Sound  Incorporated  (Concord,  1958) 
Northeast  Well  and  Pump  Co.,  Inc.  (Mont  Vernon,  1956) 
Northeastern  Plywood,  Inc.  (Troy,  Vermont,  1961) 
North  Union  Heights,  Inc.  (Manchester,  1956) 
Northern  Asphalt  Corporation  (Concord,  1960) 
Northern  Electronics,  Inc.  (East  Hebron,  1960) 
Northern  New  England  Region  of  Unitarian  Churches  (Concord, 

1953) 
Northwood  Nursing  Home,  Inc.,  The  (Manchester,  1956) 
Norton  Operating  Corporation  (North  Conway,  1958) 
Norwegian-American  Knitting  Mills,  Inc.  (formerly  Laconia  Cooper 

Company,  Inc.  and  G.  &:  P.  Sales  Co.,  Inc.,  Laconia,  1954) 
Olympia  Baking  Co.,  Inc.  (Manchester,  1956) 
147  North  Main  Street,  Inc.  (Concord,  1964) 
One  Market  Street,  Inc.  (Portsmouth,  1959) 
110  Central  Street,  Inc.  (Manchester,  1959) 
Orange  Realty,  Inc.  (Manchester,  1946) 
Osborne's  Television  Center,  Inc.  (Manchester,  1954) 


804  Chapter  438  [1963 

Parke  Snow,  Inc.  (formerly  the  Sceva  Speare  Company,  Haverhill, 

Mass.,  1940) 
Patterson  Construction  Co.,  Inc.  (Somersworth,  1961) 
Patton  Engineering  Corporation  (North  Hampton,  1959) 
Pedco,  Inc.  (Nashua,  1960) 
Pedlars,  Inc.,  The  (Center  Harbor,  1961) 
Peek,  B.  Franklin,  Inc.  (Portsmouth,  1960) 
Pemi  Construction  Co.,  Inc.  (West  Campton,  1960) 
Perfecto  Painting  &:  Supply,  Inc.  (Portsmouth,  1960) 
PerreauU's  Furniture  Store,  Inc.  (Somersworth,  1940) 
Peter's  Motor  Sales,  Inc.  (Nashua,  1960) 
Peterson,  J.  W.,  Casket  Company,  Inc.  (Manchester,  1960) 
Petroleum  Protective  Bureau,  Inc.  (Concord,  1958) 
Petroleum  Service,  Inc.  (Manchester,  1936) 
Pied  Piper  Restaurant  and  Motor  Court,  Inc.  (Thornton,  1959) 
Pixie  Kitchen,  Inc.  (Tilton,  1959) 
Plourde  Insurance  Agency,  Inc.  (Manchester,  1953) 
Plymouth  Youth  Council,  Inc.,  The  (Plymouth,  1949) 
Poultry  Service  and  Research,  Inc.  (Salem,  1961) 
Pre-Design,  Inc.  (Derry,  1957) 
Price,  George  R.,  Inc.  (Meredith,  1959) 
Prince's  Marine,  Incorporated  (Moultonboro,  1961) 
Prospect  Lumber,  Inc.  (New  Durham,  1959) 
Prosperity  Unlimited,  Inc.  (Concord,  1957) 
Proulx's  Laundry,  Inc.  (Lisbon,  1960) 
Quality  Builders,  Inc.  (Nashua,  1961) 
Quimby  k  Quimby,  Incorporated  (Claremont,  1945) 
Quinlar  Lumber  Company,  Inc.  (Walpole,  1958) 
R.  &:  G.  Construction,  Inc.  (Nashua,  1961) 
R.  &:  W.  Construction  Co.,  Inc.  (Salem,  1960) 
Raceway  Acres,  Inc.  (Rochester,  1960) 
Rainville,  Robert,  Inc.  (Colebrook,  1957) 
Randall-Frobisher,  Inc.  (Rye,  1955) 

Randy,  Incorporated  (formerly  Fowler  Bros.,  Inc.,  Suncook,  1955) 
Ravine  House,  Inc.,  The  (Randolph,  1949) 
Raylan  Motors,  Inc.  (Manchester,  1956) 
Realty  Service  Corporation  (Nashua,  1954) 
Record  Press,  Inc.,  The  (Rochester,  1956) 
Research  Enterprises,  Inc.  (Manchester,  1958) 
Results,  Inc.  (Laconia,  1960) 
Rila  Concrete  Products  Inc.  (Exeter,  1959) 
Riley  &:  Morin,  Inc.  (Manchester,  1953) 
River  Plastics  Corp.  (Milford,  1960) 
Riverside  Motors,  Incorporated  (Berlin,  1955) 
Riverview  Restaurant,  Inc.  (Nashua,  1950) 


1963]  Chapter  438  805 

Robell's  of  New  Hampshire,  Inc.  (Manchester,  1959) 

Robert's  Express  Inc.  (Manchester,  1934) 

Rochester  Baseball  Club,  Inc.  (Rochester,  1959) 

Rosebud  Variety  Store,  Inc.  (formerly  Rosebud  Candy  Shop,  Inc., 

Nashua,  1953) 
Route  16,  Inc.  (Rochester,  1961) 

Roux,  Armand,  Construction  Co.,  Inc.  (Laconia,  1955) 
Rowell  &  Miller,  Inc.  (Hudson,  1957) 
Roy  Industries,  Inc.  (Nashua,  1958) 
'Royal  Industries,  Inc.  (Manchester,  1960) 
Royal  Master  Foods,  Inc.  (Londonderry,  1960) 
Roy's  Incorporated  (Nashua,  1937) 
Russ'  Development  Corp.  (Swanzey,  1960) 
Russell's,  Inc.  (formerly  Howard  Muir  Co.  Inc.,  Conway,  1945) 
Rye  Motor  Inn  Corporation  (Rye,  1960) 
S  c<:  H  Investors  Inc.  (Dover,  1960) 
Salemite  Heights  Corporation  (Salem,  1959) 
Sanborn  &  Hamp,  Inc.  (Andover,  1936) 

Sanel  Industrial  Equipment  &:  Supply  Company,  Inc.  (formerly  Sanel 
Truck  &  Tractor  Co.  Inc.,  Sanel  Machine  &  Paint  Supplies,  Inc., 

Sanel  Equipment  &  Industrial  Supply  Company,  Inc.,  Concord, 

1945) 
Sardy's  Inc.  (Nashua,  1960) 

Schofield  Chevrolet  and  Olds,  Inc.  (Bristol,  1959) 
Scott  Leathers,  Inc.  (Milton,  1957) 
Scott    Machinery,    Inc.    (formerly    Friel    Machinery,   Inc.,    Concord, 

1960) 
Seabrook  Beach  Commtmity,  Inc.  (Seabrook,  1937) 
Seabrook  Farms,  Inc.  (Seabrook,  1960) 
Seacoast  Development  Corporation  (Portsmouth,  1960) 
Seacoast  Dry  Cleaners,  Inc.  (Exeter,  1961) 
Seacoast  Egg  Co.,  Inc.  (Exeter,  1960) 
Seacoast  Sales  Corporation  (Rye,  1958) 
Seaverns  Electrical  Contractors,  Inc.  (Nashua,  1960) 
Shainley  Enterprises,  Inc.  (Portsmouth,  1955) 
Shell  Repairing  of  Manchester,  Inc.  (Manchester,  1960) 
Shoe  Fitters  Incorporated  (Claremont,  1958) 
Shulins  Investment  Company,  Inc.  (Newport,  1958) 
Shyer's  Lobster  Pounds,  Inc.  (Seabrook,  1958) 
Siax  Industries,  Inc.  (Manchester,  1960) 
Sitters  Organized,  Inc.  (Manchester,  1962) 
Sno-Mo  Corporation  (Concord,  1960) 
Sorority  Fashion  Shop,  Incorporated  (Dover,  1958) 
Soucy  Sc  Sons,  Inc.  (Manchester,  1959) 
South  Sutton  Community  Club  (South  Sutton,  1920) 
Squam  Boat  Livery,  Inc.  (Holderness,  1957) 


806  Chapter  438  [1963 

Squam  Point  Lodge,  Inc.  (Ashland,  1961) 

Stackpole,  W.  A.,  Motor  Transportation,  Inc.  (Manchester,  1948) 

Staltare  Food  Service,  Inc.  (Rye,  1958) 

Star  Printing  and  Rubber  Stamps,  Inc.  (Manchester,  1950) 

Sterling  Discount  Company,  Inc.  (Dover,  1961) 

Stratton,  Bob,  Insurance  Agency,  Inc.  (Derry,  1961) 

Student  Transportation,  Inc.  (Dover,  1959) 

Studley  Lumber,  Inc.  (formerly  Studley  Box  &:  Lumber  Company, 

Inc.,  Rochester,  1945) 
Style  Realty  Corp.  (Lee,  1960) 
Sunset  Trampolines,  Inc.  (Rochester,  1960) 
Superior  Oil  Company,  Inc.  (Gorham,  1954) 
Superior  Petroleum  Products,  Station  No.  2,  Inc.  (Keene,  1960) 
Swanberg  Construction  Corporation  (Manchester,  1937) 
Swanson-Thomson  Enterprises,  Inc.  (Laconia,  1960) 
Sweet  Hill  Associates,  Inc.  (Plaistow,  1959) 
Tam.worth  Insurance  Agency,  Inc.  (Tamworth,  1956) 
Tanner's  Ranch,  Inc.  (Milton,  1958) 
Tate's  Motor  Sales,  Inc.  (Manchester,  1961) 
Tegu's  Drive-In  Theatre,  Inc.  (Haverhill,  1955) 
Tel-Craft,  Inc.  (Goffstown,  1958) 
Textile  Engineers,  Inc.  (Manchester,  1955) 
Thompson,  Howard  F.,  Inc.  (Meredith,  1958) 
Thomson-Willard  Enterprises,  Inc.  (Laconia,  1961) 
Thrift  Stores,  Inc.  (Amherst,  1949) 
Tilio's,  Inc.  (Milford,  1961) 
Tilton  Main  Street  Motors,  Inc.  (Tilton,  1959) 
Tip  Top  Farm,  Inc.  (Bethlehem,  1944) 
Tomac  Construction  Co.,  Inc.  (Manchester,  1959) 
TransitTlasher  Equipment  Corporation  (Manchester,  1960) 
Tri-State  Office  Equipment  Company,  Inc.  (Dover,  1951) 
Triangle  Realty  Corp.  (Rochester,  1960) 
Twin-Gorham  Operating  Corporation  (North  Conway,  1958) 
Twin  Shores  Inc.  (Manchester,  1957) 

Union  Motor  Sales,  Inc.  (formerly  F  &:  T  Sales  Inc.,  Union,  1960) 
Universal  Development  Corporation,  Inc.  (Nashua,  1959) 
Vaillancourt's  Park  N'Shop,  Inc.  (Gorham,  4960) 
Vallee  Construction  Co.,  Inc.  (Nashua,  1960) 
Valley  Hide  &:  Leather  Corp.  (Merrimack,  1960) 
Valley  Times,  Inc.,  The  (Pittsfield,  1949) 
Vibronics,  Inc.  (Salem,  1961) 
Viens  Bros.,  Inc.  (Dummer,  1959) 
Viette  Construction  Company,  Inc.  (Littleton,  1959) 
W.A.B.  Pool  and  Tank  Mfg.,  Inc.  (Portsmouth,  1961) 
W.  G.  Liquidating  Company,  Inc.  (formerly  Girard  Oil,  Inc.,  Clare- 

mont,  1957) 


1963]  Chapter  438  807 

Walbert  Realty  Corporation  (Manchester,  1947) 

Warner  Equipment,  Inc.  (Warner,  1960) 

Warren,  Rodney  C,  Inc.  (Windham,  I960) 

Webster  Shows,  Inc.  (Manchester,  1960) 

Wein,  Inc.  (Laconia,  1953) 

Wentworth  Gulf  Service,  Inc.  (Chester,  1961) 

West  Side  Sewer  Company  of  Hanover,  N.  H.  (Hanover,  1892) 

West  Swanzey  Aqueduct  Company  (West  Swanzey,  1905) 

White  Gobbler,  Inc.  (Nashua,  I960) 

AVHiite  Mountain  Theatres,  Inc.  (Lancaster,  1936) 

Wight  Street  Garage,  Inc.  (Berlin,  1954) 

Wilder's  Garage,  Inc.  (Plymouth,  1948) 

Willow  Hill  Acres,  Inc.  (Franklin,  1959) 

Winchester  Industrial  Development  Corporation  (Winchester,  1958) 

Windsor  Stores  of  N.  H.  Inc.  (formerly  Windsor  Stores,  Inc.,  Man- 
chester, 1946) 

Winslow  Feed  Co.,  Inc.  (formerly  Winslow  and  Keniston,  Inc.,  Con- 
cord, 1954) 

Wonder  Building  Corporation  of  New  Hampshire  (Manchester, 
1961) 

Woodlawn  Hotel,  Inc.  (Bethlehem,  1948) 

Woodlawn  Manor  Inc.  (Newport,  1955) 

Woodsville  Building  Supply  Co.,  Inc.  (Woodsville,  1956) 

Wool's  Wholesale  Dry  Goods,  Inc.  (Manchester,  1954) 

Yankee  Builders,  Inc.  (Hampton,  1960) 

Yankee  Surplus  Merchandise  Co.  of  New  Hampshire,  Inc.  (Ports- 
mouth, 1951) 

Young,  M.  E.,  Inc.  (Amherst,  1960) 

Zack  Realty,  Inc.  (Nashua,  1960) 

The  principal  place  of  business  and  date  and  year  of  incorporation, 
when  given  in  the  above  list,  are  included  for  the  purpose  of  distinguish- 
ing corporations  of  the  same  or  similar  names. 

438:2  Remedies  Preserved.  No  remedy  against  any  such  corpora- 
tion, its  stockholders  or  officers,  for  any  liability  previously  incurred,  shall 
be  impaired  hereby. 

438:3  Reinstatement.  Any  such  corporation  may,  within  ninety  days 
after  this  act  takes  effect,  reinstate  itself  as  a  corporation  by  the  payment 
of  any  fees  in  arrears  and  the  filing  with  the  secretary  of  state  of  any  an- 
nual returns  required  by  law  and  a  statement  under  oath,  signed  by  the 
clerk  or  secretary  of  such  corporation,  that  it  desires  that  its  charter  or  cer- 
tificate of  incorporation  shall  remain  in  full  force  and  effect. 

438:4  Disposition  of  Property.  Any  corporation  whose  charter  is 
hereby  repealed,  revoked  and  annulled,  shall,  nevertheless,  continue  as 
a  body  corporate  for  the  term  of  three  years  from  the  date  this  act  takes 


Chapter  439  .  [1963 

effect,  for  the  purpose  of  presenting  and  defending  suits  by  or  against 
it  and  of  gradually  closing  and  settling  its  concerns  and  distributing  its 
assets,  including  the  disposition  and  transfer  of  all  or  any  part  of  the 
property  and  for  no  other  purpose;  provided  that  for  the  purpose  of  any 
suit  or  action  by  or  against  any  such  corporation,  pending  at  the  end  of 
said  term  of  three  years,  such  corporation  shall  continue  as  a  body  cor- 
porate until  ninety  days  after  final  judgment  or  decree  in  such  suit  or 
action;  and  provided  further  that  the  superior  court  shall  have  power 
at  any  time  when  it  shall  be  made  to  appear,  upon  the  petition  of  any 
interested  party,  that  the  protection  of  proprietary  or  other  rights  re- 
quires the  doing  of  any  act  or  thing  by  or  in  behalf  of  any  such  corpora- 
tion, to  order  the  doing  of  such  acts  or  things,  and  for  this  purpose  may 
appoint  and  authorize  an  agent  to  act  for  and  in  the  name  of  such  cor- 
poration and  any  action  so  ordered  and  done  shall  be  effective  corporate 
action. 

438:5   Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  439. 

AN  ACT  RELATIVE  TO  THE  DOVER  CIT\'  CHARTER. 

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

439:1  Competitive  Bidding.  Amend  section  26  of  the  Dover  city 
charter  as  inserted  by  section  33  of  chapter  358  of  the  Laws  of  1953  by 
striking  out  said  section  and  inserting  in  place  thereof  the  following: 
26  Purchasing  Procedure.  The  administrative  code  shall  establish  pur- 
chasing and  contract  procedure,  including  the  assignment  of  all  respon- 
sibility for  purchases  to  one  or  more  persons,  and  the  combination  pur- 
chasing of  similar  articles  by  different  departments.  Purchases  in  excess 
of  two  hundred  and  fifty  dollars  and  under  one  thousand  dollars  shall 
be  by  competitive  bids.  Purchases  in  excess  of  one  thousand  dollars  shall 
be  by  sealed  competitive  bids  to  be  publicly  opened  at  the  announced 
time  for  the  closing  of  bids.  No  competitive  bids  shall  be  required  when 
purchasing  through  the  state  of  New  Hampshire,  or  at  state  of  New 
Hampshire  bid  price.  Requirements  for  bids  may  be  waived  in  specific 
instances  by  a  two-thirds  vote  of  the  council,  except  in  cases  where  a 
member  of  the  city  council,  school  board,  or  of  the  administrative  service 
of  the  city  or  any  firm  of  which  such  person  is  a  member  or  employee  is 
directly  or  indirectly  interested  in  selling  goods  or  services  to  the  city, 
in  which  cases  competitive  bids  shall  be  required.  Any  contract  or  pur- 


1963]  Chapter  440  809 

chase  in  excess  of  two  thousand  five  hundred  dollars  shall  require  the 
approval  of  a  majority  vote  of  the  council. 

439:2    Takes  Effect.    This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  440. 

AN   ACT  AUTHORIZING  THE  DISSOLUTION   OF  THE  PENACOOK  SCHOOL  DISTRICT 
AND  UNITING  THE  SAME  WITH  THE  UNION  SCHOOL  DISTRICT  OF  CONCORD. 

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

440:1  Referenda.  The  Penacook  school  district  and  the  union  school 
district  of  Concord  are  hereby  authorized  and  empowered  to  hold  special 
meetings  of  the  voters  of  said  districts  for  the  purpose  of  determining 
whether  the  Penacook  school  district  should  be  dissolved  and  its  terri- 
tory and  properties  united  with  the  union  school  district  of  Concord.  Said 
meetings  may  be  held  at  any  time  prior  to  January  1,  1965,  both  meetings 
to  be  held  on  the  same  date  as  mutually  agreed  on  by  the  respective 
school  boards  of  said  districts.  At  the  meeting  of  the  Penacook  school 
district  there  shall  be  printed  on  the  ballot  the  following  question: 

"Shall  the  Penacook  school  district  be  dissolved,  and  its  territory 
and  properties  be  annexed  to  and  united  with  the  union  school 
district  of  Concord?" 

Yes  n  No  D 

On  the  ballot  for  the  meeting  of  the  union  school  district  of  Concord 
there  shall  be  printed  the  question: 

"Shall  the  union  school  district  of  Concord  accept  and  have  an- 
nexed to  and  united  with  it  the  territory  and  properties  of  the 
Penacook  school  district?" 

Yes  n  No  D 

If  a  majority  of  the  voters  present  and  voting  at  each  meeting  shall 
vote  in  the  affirmative,  the  two  districts  shall  be  united  as  hereinafter 
provided. 

440:2  Union.  Upon  affirmative  vote  of  the  Penacook  school  district 
and  the  union  school  district  of  Concord  under  the  procedure  provided  in 
section  1,  then,  effective  on  the  July  first  next  following  such  votes,  the 
Penacook  school  district  shall  be  dissolved  and  its  territory  annexed  to 


810  Chapter  441  [1963 

and  united  with  the  union  school  district  of  Concord;  and  from  and  after 
said  effective  date  the  territory  of  the  union  school  district  of  Concord 
and  the  territory  of  the  Penacook  school  district  shall  constitute  and  be 
a  sinsfle  school  district,  which  shall  be  known  as  the  union  school  district 
of  Concord. 

440:3  Properties.  All  schoolhouses,  sites,  appliances,  apparatus, 
books,  supplies  and  other  property  of  every  nature  belonging  to  the  Pena- 
cook school  district  shall  be  vested  in  the  union  school  district  of  Con- 
cord upon  the  union  of  the  districts. 

440:4  Power  of  Foraner  District.  Upon  the  dissolution  of  the  Pena- 
cook school  district  as  hereinbefore  provided,  said  district  shall  retain 
its  corporate  powers  for  the  purpose  of  settling  up  its  affairs  and  of  hold- 
ing, managing  and  enjoying  any  property  held  by  it  in  trust.  The  provi- 
sions of  RSA  194:41,  42  and  43  shall  apply  to  such  property  now  held  in 
trust  by  such  districts.  The  books  and  records  of  the  Penacook  school 
district  shall  be  deposited  with  the  clerk  of  the  union  school  district  of 
Concord. 

440:5  Assumption  of  Obligations.  Any  indebtedness  that  the  Pena- 
cook school  district  may  have  upon  its  union  with  the  union  school  district 
of  Concord  shall  be  assumed  and  paid  by  the  union  school  district  of 
Concord  itself. 

440:6  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  441. 

AN  ACT  RELATING  TO  THE  BOARD  OF  WATER  COMMISSIONERS  OF  THE  CITY 

OF  SOMERSWORTH. 

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

441:1  Board  of  Water  Commissioners.  Amend  section  3  of  chapter 
143  of  the  Laws  of  1891  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  Sect.  3.  The  city  of  Somersworth  is  authorized 
and  empowered  to  contract  with  any  individual  or  corporation  to  pump 
water  and  to  make  such  other  contracts  and  establish  such  regulations 
and  tolls  for  the  use  of  water,  as  may  from  time  to  time  be  deemed  proper, 
and  for  the  more  convenient  management  of  said  water  works.  The  said 
city  of  Somersworth  shall  place  them  under  the  direction  and  control  of 


1963]  Chapter  442  811 

a  board  of  water  commissioners  consisting  of  three  suitable  persons,  one 
of  whom  shall  be  the  mayor  ex  officio,  who  shall  act  as  chairman  of  said 
board,  and  not  more  than  two  of  whom  shall  belong  to  the  same  political 
party,  and  the  city  council  of  Somersworth  is  hereby  authorized  and  em- 
powered to  appoint  two  members  of  such  board  of  commissioners,  fix 
their  terms  of  office,  their  compensation  and  give  to  said  board  such 
powers  and  duties  as  may  from  time  to  time  be  deemed  proper. 

441:2  Present  Commissioners.  Notwithstanding  any  other  provision 
of  law,  the  terms  of  office  of  the  present  members  of  the  board  of  water 
commissioners  shall  expire  on  the  effective  date  of  this  act. 

441:3   Takes  Effect.   This  act  shall  take  effect  as  of  the  first  Tuesday 
of  January,  1964. 
[Approved  July  2,  1963.] 
[Effective  First  Tuesday  of  January,  1964.] 


CHAPTER  442. 

AN  ACT  RELATIVE  TO  THE  SEWERAGE  SYSTEM  IN  THE  CITY  OF  SOMERSWORTH. 

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

442:1  Sewerage  System.  For  the  defraying  of  the  cost  of  construc- 
tion, management,  maintenance,  operation,  reconstruction,  replacement 
and  repair  of  city  sewers  and  sewer  systems,  including  treatment  and  dis- 
posal works,  and  for  the  payment  of  the  interest  and  principal  on  any 
debt  incurred  to  pay  such  costs,  the  mayor  and  city  council  may  establish 
a  scale  of  rent,  to  be  called  sewer  rents,  which  shall  be  paid  by  the  owner 
or  owners  of  real  estate  connected  by  sewage  drains  with  city  sewers  and 
sewer  systems,  or  whose  real  estate  receives  special  benefit  therefrom  in 
any  way.  The  mayor  and  city  council  may  prescribe  the  manner  in  which 
and  the  time  at  which  such  rents  are  to  be  paid  and  collected  and  may 
change  the  scale  of  rents  from  time  to  time  as  may  be  deemed  advisable. 
Such  rents  may  be  based  upon  the  metered  consumption  of  water  on  the 
premises  connected  with  the  sewer  system,  the  number  and  kind  of 
plumbing  fixtures  connected  with  the  sewer  system,  the  number  of  per- 
sons served  by  the  sewer  system  or  upon  any  other  equitable  basis.  Funds 
raised  from  sewer  rents  shall  be  used  only  for  the  purposes  prescribed  in 
this  section. 

442:2  Notice.  Notice  of  the  charges  for  sewer  rents  shall  be  given 
to  the  owner  or  owners  of  real  estate  chargeable  therefor  in  such  manner 
as  the  mayor  and  city  council  shall  prescribe.  The  procedure  for  the 


812  Chapter  443  [1963 

abatement  of  sewer  rents  and  for  appeals  in  case  of  neglect  or  refusal  to 
abate  shall  be  as  prescribed  by  RSA  252: 14,  15  and  116. 

442:3  Lien.  All  charges  for  sewer  rents  shall  become  a  lien  upon 
the  real  estate  served  by  the  city  sewer  system  or  the  real  estate  on  account 
of  which  they  are  charged.  Such  lien  shall  continue  for  one  year  from 
the  last  item  charged  in  said  sewer  rents  and  may  be  enforced  by  suit  in 
behalf  of  the  city  against  the  owner  or  owners  of  such  real  estate.  In  case 
an  appeal  has  been  taken  and  the  charges  sustained  in  whole  or  in  part, 
such  lien  shall  continue  until  the  expiration  of  one  year  from  such  de- 
cision. The  record  of  the  charge  for  sewer  rents  made  by  the  city  shall  be 
sufficient  notice  to  maintain  suit  upon  such  lien  against  subsequent  pur- 
chasers or  attaching  creditors  of  such  real  estate. 

442:4  Rules  and  Regulations.  The  mayor  and  city  council  may 
adopt  rules  and  regulations  pertaining  to  the  use  of  the  sewerage  system 
and  other  regulations  relating  to  the  system  as  in  their  judgment  the 
sewerage  system,  pumping  station,  treatment  plant  or  other  structure 
demands  for  proper  maintenance  or  operation.  Any  person  wilfully  vio- 
lating such  regulations  shall  be  fined  not  more  than  ten  dollars  for  each 
day  of  neglect  or  refusal  after  written  notice  has  been  given. 

442:5  Board  of  Sewer  Commissioners.  The  mayor  and  city  council 
may  by  ordinance  establish  a  board  of  sewer  commissioners,  consisting 
of  three  members,  which  board  shall  perform  all  the  duties  and  possess 
all  the  powers  in  the  city  of  Somersworth  otherwise  hereby  conferred 
upon  the  mayor  and  city  council.  If  a  board  of  sewer  commissioners  is 
established,  the  mayor  and  city  council  shall  by  ordinance  fix  the  term 
of  office  and  compensation  for  the  members  thereof. 

442:6  Inconsistent  Laws.  Such  provisions  of  RSA  252  or  amend- 
ments thereto  as  may  be  inconsistent  with  the  provisions  of  this  act  shall 
not  apply  to  the  city  of  Somersworth. 

442:7  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  2,  1963.] 
[Effective  August  31,  1963.] 


CHAPTER  443. 

AN  ACT  RELATING  TO  THE  JOHN  M.  HUNT  HOME. 

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

443:1  Property  Holding.  Amend  section  2  of  chapter  187  of  the 
Laws  of  1895,  entitled  "An  Act  to  incorporate  the  John  M.  Hunt  Home", 
as  amended  by  1921,  243  and  1937,  305  by  striking  out  the  words  "not 


1963]  Chapter  444  813 

exceeding  fifteen  hundred  thousand  dollars"  in  the  fifth  and  sixth  lines 
of  said  section,  so  that  said  section  as  amended  shall  read  as  follows:  Sect. 
2.  Said  corporation  is  hereby  authorized  to  establish  and  maintain  in 
the  city  of  Nashua  an  institution  for  the  support  and  maintenance  of 
aged  couples  and  aged  men,  and  for  that  purpose  may  take  and  hold  real 
and  personal  estate,  by  donation,  bequest,  or  otherwise,  and  may  convey 
or  dispose  of  the  same  at  pleasure;  and  may  erect  and  maintain  buildings 
and  appurtenances  as  may  be  deemed  necessary  for  the  purposes  of  the 
corporation  and  the  carrying  out  the  terms  of  donations  and  bequests. 

443:2  Takes  Effect.  This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  444. 

AN  ACT  RELATING  TO  THE  MARY  E.  HUNT  HOME  FOR  AGED  WOMEN. 

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

4i4i4i:\  Property  Holding.  Amend  section  2  of  chapter  244  of  the 
Laws  of  1921  entitled  "An  Act  to  incorporate  the  Mary  E.  Hunt  Home 
for  Aged  Women"  as  amended  by  (1937,  306  by  striking  out  the  words 
"to  an  amount  not  exceeding  fifteen  hundred  thousand  dollars"  in  the 
eighth  and  ninth  lines  of  said  section,  so  that  said  section  as  amended  shall 
read  as  follows:  2.  Said  corporation  is  hereby  authorized  to  establish 
and  maintain  in  the  city  of  Nashua  an  institution  for  the  support,  care 
and  maintenance  of  aged  and  destitute  women  who  are  believers  in  the 
Protestant  religion  and  residents  of  the  State  of  New  Hampshire,  and  for 
that  purpose  may  take,  acquire  and  hold  real  and  personal  estate  by  lease, 
purchase,  donation,  bequest  or  otherwise,  and  may  convey  or  dispose  of 
the  same  at  pleasure;  and  may  erect  and  maintain  such  buildings  and  ap- 
purtenances as  may  be  deemed  necessary  for  the  purposes  of  the  corpora- 
tion and  the  carrying  out  of  the  terms  of  donations  and  bequests. 

444:2   Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  445. 

AN  ACT  AUTHORIZING  RETIREMENT  SYSTEM  FOR  EMPLOYEES  OF  THE  CIT\'  OF 

BERLIN. 

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

445:1    Retirement  System.    Amend  1961,  350:1  by  striking  out  the 
words  "of  the  department  of  public  works"  in  the  third  and  fourth  lines. 


814  Chapter  446  [1963 

and  by  striking  out  the  words  "of  said  department  of  public  works"  in 
the  fourth  line  so  that  said  section  as  amended  shall  read  as  follows: 
350:1  City  of  Berlin.  The  city  of  Berlin  is  hereby  empowered  to  create 
a  retirement  system  for  the  employees,  who  are  not  under  any  other  system 
of  retirement  except  social  security,  of  said  city.  Employees  will  be  eligible 
to  become  members  of  and  receive  the  benefits  therefrom  by  complying 
with  the  requirements  of  said  system  and  making  such  payment  to  the 
retirement  funds  as  may  be  established. 

445:2  Creation.  Amend  1961,  350:2  by  striking  out  the  words  "a 
public  works  department"  in  the  second  line  and  inserting  in  place  there- 
of the  words,  an  employees'  ,  so  that  said  section  as  amended  shall  read 
as  follows:  350:2  Retirement  System.  The  mayor  and  board  of  aldermen 
may  create  an  employees'  retirement  system.  All  of  the  business  of  said 
system  shall  be  transacted,  all  of  its  funds  invested  and  all  of  its  cash, 
securities  and  other  property  held  in  trust,  for  the  purposes  for  which 
received  in  the  name  of  said  system.  The  mayor  and  board  of  aldermen, 
if  such  a  system  is  created,  may  elect  a  board  of  trustees,  the  number  of 
and  tenure  of  office  to  be  determined  by  the  mayor  and  aldermen  which 
board  of  trustees  shall  have  control  of  and  the  duty  of  administering  the 
affairs  of  said  retirement  system. 

445:3  Benefits.  Amend  1961,  350:4  by  striking  out  the  words  "public 
works"  in  the  third  line  so  that  said  section  as  amended  shall  read  as  fol- 
lows: 350:4  Amount  of  Benefit.  No  retirement  benefit  hereunder  shall 
be  granted  for  a  sum  greater  than  one-half  of  the  maximum  annual  salary 
which  the  employee  received  while  in  the  service  of  the  city  and  in  the 
determination  of  the  amount  of  retirement  benefit  the  mayor  and  alder- 
men may  fix  the  amount  which  said  employee  shall  contribute  to  said 
system  and  said  contribution  may  vary  in  accordance  with  the  age  of  the 
employee  at  the  time  of  his  entrance  to  said  system. 

445:4  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2,  1963.] 


CHAPTER  446. 

AN  ACT  RELATIVE  TO  BELKNAP  COUNTY  RECREATIONAL  AREA. 

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

446:1  Tax  Assessment.  The  Belknap  county  recreational  area  in 
the  town  of  Gilford  shall  be  exempt  from  taxation,  but  in  the  year  1963 
and  in  each  succeeding  year  thereafter,  the  county  of  Belknap  shall  pay 


1963]  Chapter  447  815 

to  the  town  of  Gilford  with  respect  to  said  area  and  in  lieu  of  taxes  there- 
on, an  amount  equal  to  the  taxes  assessed  on  said  area  by  said  town  for 
the  year  1962. 

446:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  2,  1963.] 
[Effective  July  2, 11963.] 


CHAPTER  447. 

AN  ACT  RELATIVE  TO  INCREASING  THE  TRUSTEES  OF  PINKERTON  ACADEMY. 

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

447:1  Board  of  Trustees  Increased.  Amend  An  Act  to  incorporate 
an  academy  in  the  town  of  Londonderry  by  the  name  of  the  Pinkerton 
Academy  in  Londonderry,  approved  June  15,  1814  as  amended  by  an  act 
approved  June  12,  1828  and  by  session  laws,  1881  chapter  197,  by  striking 
out  the  sixth  paragraph,  being  lines  forty-four  thru  fifty,  thereof  which 
reads,  "And  be  it  further  enacted  that  the  number  of  said  Trustees  and 
their  Successors  shall  not  at  any  one  time  be  more  than  nine,  nor  less 
than  five,  five  of  whom  shall  constitute  a  quorum  for  transacting  business; 
and  the  major  part  of  the  members  present  at  any  legal  meeting  shall 
decide  all  questions  that  shall  come  before  them"  and  inserting  in  place 
the  following: 

And  be  it  further  enacted  that  the  number  of  said  trustees  and  their 
successors  shall  not  at  any  one  time  be  more  than  twelve,  nor  less  than 
seven,  seven  of  whom  shall  constitute  a  quorum  for  transacting  business; 
and  the  major  part  of  the  members  present  at  any  legal  meeting  shall 
decide  all  questions  that  shall  come  before  them. 

447:2  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


CHAPTER  448. 

AN  ACT  ESTABLISHING  A  CHARTER  FOR  THE  CITY  OF  MANCHESTER. 

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

Part  1 
General  Provisions 
448:1    Charter.    The  people  of  the  city  of  Manchester,  in  order  to 
assume  the  right  of  local  self-government,  do  adopt  and  establish  this 
home  rule  charter. 


816  Chapter  448  [1963 

448:2    Name.    The  name  of  the  city  shall  be  "City  of  Manchester." 

448:3  General  Powers.  The  inhabitants  of  the  city  shall  continue 
to  be  a  body  corporate  and  politic  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges  and  shall  be  sub- 
ject to  all  the  duties  and  obligations  pertaining  to  and  incumbent  upon 
the  city  as  a  municipal  corporation. 

448:4  Self-Govemment.  The  city  shall  have  all  powers  of  local  self- 
government  and  all  powers  possible  for  a  city  to  have  under  the  constitu- 
tion of  the  state.  The  city  also  shall  have  such  additional  powers  as  now 
or  hereafter  may  be  granted  to  the  city  or  other  cities  or  towns  by  the  laws 
of  the  state. 

448:5  Exercise  of  Powers.  All  powers  of  the  city  shall  be  exercised 
in  the  manner  prescribed  by  this  charter  or,  if  not  so  prescribed,  then  in 
such  manner  as  shall  be  provided  by  ordinance  or  resolution  of  the  board 
of  aldermen. 

448:6  Application  of  Laws.  The  laws  of  the  state  not  inconsistent 
with  this  charter,  except  those  superseded  by  or  declared  inoperative  by 
duly  authorized  ordinance  or  resolution  of  the  board  of  aldermen  enacted 
pursuant  to  this  charter  as  hereinafter  authorized,  shall  continue  in  full 
force  and  effect. 

448:7  Ordinances.  The  city  shall  have  full  power  and  authority  to 
act  in  all  local  and  municipal  matters  and  to  adopt  local  laws  and  ordi- 
nances relating  to  its  property,  affairs  and  government  in  conformity 
with  this  charter  and  with  state  law. 

448:8  Limitation.  The  enumeration  of  any  particular  power  in 
this  charter  shall  in  no  case  be  held  to  be  exclusive.  All  such  powers  shall 
be  construed  as  in  addition  and  supplementary  to  the  powers  conferred 
in  general  terms. 

Part  2 
Mayor 

448:9  Election.  There  shall  be  a  mayor  who  shall  be  elected  at  the 
regular  city  election  for  a  term  of  two  years,  and  until  his  successor  is 
elected  and  qualified.  The  mayor  shall  take  office  on  the  first  Tuesday  of 
January  following  the  election. 

448:10  Executive  Officers.  The  mayor  shall  be  the  chief  executive 
and  administrative  officer  of  the  city  and  shall  be  responsible  for  the  ad- 
ministration and  management  of  all  offices,  departments,  and  agencies 
except  as  otherwise  provided  in  this  charter. 

448: 1 1  Duties.  It  shall  be  the  duty  of  the  mayor: 

(a)    To  see  that  the  laws  and  ordinances  are  enforced; 


1963] 


Chapter  448  817 


(b)  To  see  that  all  terms  and  conditions  imposed  in  favor  of  the  city 
in  any  contract  or  franchise  are  faithfully  kept  and  performed; 

(c)  To  keep  the  board  of  aldermen  informed  at  all  times  concerning 
the  financial  condition  and  needs  of  the  city  and  other  pertinent  matters 
relatino^  to  its  administration; 

(d)  To  recommend  to  the  board  of  aldermen  such  measures  as  he 
may  consider  necessary  and  expedient; 

(e)  To  prepare  and  recommend  to  the  board  of  aldermen  an  annual 
budget; 

(f)  To  prepare  and  present  to  the  board  of  aldermen  a  comprehen- 
sive annual  report  of  the  financial  transactions  and  other  activities  of  the 
city  following  the  close  of  each  fiscal  year; 

(g)  To  make  any  study  or  investigation  which  in  his  opinion  may 
be  for  the  best  interest  of  the  city  or  which  may  be  ordered  by  the  board 
of  aldermen,  by  resolution;  provided  however,  that  no  study  or  investiga- 
tion which  involves  an  expense  shall  be  undertaken  without  a  resolution 
of  the  board  of  aldermen. 

(h)  To  review  all  rules  and  regulations  of  the  several  administrative 
officers  and  departments,  except  as  otherwise  provided  by  this  charter. 
Any  rule  or  regulation  may  be  superseded  or  suspended  by  a  vote  of  the 
board  of  aldermen. 

(i)  To  perform  such  other  duties  as  may  be  required  of  him  by 
ordinance  or  resolution  of  the  board  of  aldermen; 

(j)  To  preside  at  all  meetings  of  the  board  of  aldermen,  but  he  shall 
vote  only  in  case  of  a  tie. 

448:12  Appointments.  The  mayor  shall  appoint  and  name  all  ad- 
ministrative officers  and  heads  of  departments  except  as  otherwise  pro- 
vided in  this  charter.  All  appointments  by  the  mayor  shall  be  subject  to 
the  approval  of  a  majority  of  the  full  board  of  aldermen.  All  such  ap- 
pointments shall  be  for  indefinite  terms  at  the  pleasure  of  the  mayor, 
provided,  however,  that  such  appointees  shall  hold  office  until  their  suc- 
cessor is  confirmed  by  the  board  of  aldermen  and  qualified.  All  such 
appointees  shall  be  subject  to  removal  by  the  board  of  aldermen  as  here- 
inafter provided. 

448:13  Acting  Mayor.  In  the  event  of  the  temporary  absence  or 
disability  of  the  mayor,  the  board  of  aldermen  shall  elect  one  of  their 
number  to  act  as  mayor  for  the  time  being  until  the  mayor  shall  return 
to  his  duties  or  until  his  disability  shall  cease.  His  compensation  as  acting 
mayor  shall  be  determined  by  the  board  of  aldermen. 

448:14  Limitations.  While  serving  as  acting  mayor,  the  alderman 
so  chosen  shall  not  have  powers  to  disapprove  any  action  of  the  board  of 
aldermen  or  to  make  any  appointments  or  removals,  other  than  temporary 


818  Chapter  448  [1963 

appointments,  until  he  shall  have  served  as  acting  mayor  for  thirty  con- 
secutive days. 

448:15  Vacancy.  In  the  event  of  a  vacancy  in  the  office  of  mayor, 
the  aldermen  shall  elect  one  of  their  number  who  shall  be  and  become 
the  mayor  and  his  place  on  the  board  of  aldermen  thereupon  shall  be 
vacant. 

448:16  Salary.  The  mayor  shall  receive  such  salary  as  may  be  pre- 
scribed by  ordinance,  but  his  salary  shall  not  be  changed  after  the  filing 
of  nomination  papers  for  the  office  or  during  the  term  of  office  for  which 
he  was  elected. 

448:17  Approval  of  Ordinances.  Every  ordinance  passed  by  the 
board  of  aldermen  shall  be  submitted  to  the  mayor,  who,  within  ten  con- 
secutive days,  exclusive  of  Sundays  and  holidays,  either  shall  approve  the 
ordinance  by  affixing  his  signature  or  shall  return  the  ordinance  to  the 
board  of  aldermen  by  transmitting  it  to  the  city  clerk  with  a  statement 
setting  forth  his  objections. 

448:18  Approval  by  Board  of  Aldermen.  No  ordinance  shall  take 
effect  without  the  approval  of  the  mayor  unless: 

(a)  The  mayor  shall  fail  either  to  sign  the  ordinance  or  to  return  it 
to  the  board  of  aldermen  within  ten  consecutive  days,  exclusive  of  Sun- 
days and  holidays,  after  its  passage,  or 

(b)  The  board  of  aldermen  upon  immediate  reconsideration  shall 
approve  the  ordinance  by  vote  of  ten  of  its  members,  notwithstanding  the 
disapproval  of  the  mayor. 

448:19  Allocation  of  Functions.  All  administrative  functions  and 
services  of  the  city  government  shall  be  allocated  and  assigned  among 
and  within  the  several  departments  under  the  control  of  the  mayor  sub- 
ject to  approval  of  the  board  of  aldermen,  except  as  otherwise  provided 
by  this  charter. 

448:20  Heads  of  Departments.  The  head  of  each  department  ap- 
pointed by  the  mayor  shall  have  supervision  and  control  of  the  depart- 
ment subject  to  the  direction  of  the  mayor. 

448:21  Absence  of  Incapacity.  The  head  of  any  department  ap- 
pointed by  the  mayor  may  designate  with  the  approval  of  the  mayor  a 
subordinate  officer  thereof  to  act  in  his  place  in  the  event  of  his  absence 
or  incapacity  or  whenever  the  circumstances  may  require.  Notice  of  any 
such  appointment  of  a  deputy  shall  be  in  writing  and  filed  with  the  city 
clerk. 

448:22  Subordinate  Officers.  The  head  of  each  department  ap- 
pointed by  the  mayor  shall  appoint  the  subordinate  officers  therein  or 
he  may  delegate  such  appointment  to  the  head  of  any  subdivision  thereof 


1963]  Chapter  448  819 

subject  to  his  approval,  subject  however,  to  civil  service  or  merit  rules 
as  may  hereafter  be  enacted  pursuant  to  this  charter. 

448:23  Organization  of  Departments.  The  head  of  any  department 
appointed  by  the  mayor  may  organize  his  departments  and  make  such 
assignment  of  duties  as  he  may  consider  advisable  unless  otherwise  pro- 
vided by  charter  or  ordinance. 

448:24  Divisions.  The  head  of  a  department  may  serve  as  the  head 
of  any  division  within  the  department  without  additional  compensation. 

Part  3 
Board  of  Aldermen 

448:25  Board  of  Aldermen.  The  legislative  powers  of  the  city  shall 
be  vested  in  a  board  of  aldermen.  The  board  of  aldermen  shall  consist 
of  one  member  elected  from  each  ward,  at  regular  city  elections  for  a 
term  of  two  years,  to  serve  until  their  successors  have  been  elected  and 
qualified.  Terms  shall  begin  on  the  first  Tuesday  of  January  the  year 
after  the  election. 

448:26  Elections.  The  board  of  aldermen  shall  be  the  judge  of  the 
eligibility  of  its  own  members  subject  to  review  by  the  courts  on  questions 
of  law. 

448:27  Prohibition.  No  member  of  the  board  of  aldermen  shall  be 
eligible  to  hold  any  other  office,  appointment,  or  employment  in  the 
service  of  the  city  during  the  term  of  office  for  which  he  is  elected  except 
that  of  auxiliary  policeman,  and  that  of  a  ward  official  concerned  with 
the  conduct  of  elections,  and  except  as  otherwise  provided  by  this  charter. 

448:28  Salary.  Members  of  the  board  of  aldermen  shall  receive  such 
annual  salary  as  may  be  prescribed  by  ordinance,  but  the  salary  of  any 
member  shall  not  be  changed  during  the  term  of  office  for  which  he  was 
elected. 

448:29  Vacancies,  (a)  If  a  vacancy  occurs  in  the  board  of  aldermen 
more  than  two  hundred  and  forty  days  before  holding  the  next  succeed- 
ing regular  city  election,  the  board  of  aldermen  shall  forthwith  issue 
their  precept  calling  a  special  election  for  the  purpose  of  filling  such 
vacancy  for  the  remainder  of  the  term,  (b)  If  any  such  vacancy  occurs 
two  hundred  and  forty  days,  or  less,  before  the  time  of  holding  the  next 
succeeding  regular  city  election,  the  board  of  aldermen  may  in  its  dis- 
cretion call  a  special  election  for  said  purpose,  to  be  held  in  the  same 
manner  as  indicated  below. 

448:30  Rules.  The  board  of  aldermen  by  resolution  shall  determine 
its  own  rules  and  order  of  business  and  shall  keep  a  journal  of  its  pro- 
ceedings which  shall  be  open  to  public  inspection  in  the  office  of  the  city 
clerk. 


820  Chapter  448  [1963 

448:31  First  Meeting.  The  first  meeting  of  the  newly  elected  board 
of  aldermen  shall  be  held  biennially  at  seven  and  one-half  o'clock,  local 
time,  in  the  afternoon  of  the  first  Tuesday  in  January,  following  a  city 
election,  for  the  purpose  of  organization. 

448:32  Subsequent  Meetings.  The  board  of  aldermen  shall  deter- 
mine the  time  and  place  of  its  regular  meetings  and  shall  meet  regularly 
at  least  once  each  month. 

448:33  Agenda.  If  a  petition  requesting  a  hearing  before  the  board 
of  aldermen  on  matters  within  their  jurisdiction  shall  be  filed  by  any 
citizen  with  the  city  clerk,  not  later  than  three  days  previous  to  any  regu- 
lar meeting  of  the  board  of  aldermen,  it  shall  be  included  by  the  city 
clerk  in  the  agenda  of  the  meeting. 

448:34  Special  Meetings.  The  board  of  aldermen  may  make  its  own 
rules  concerning  special  meetings  and  the  method  of  calling  them,  pro- 
vided, however,  that  the  mayor  may  call  a  special  meeting  of  the  board  of 
aldermen  at  any  time  after  giving  such  notice  as  the  board  of  aldermen 
may  provide  for  the  calling  of  special  meetings. 

448:35  Quorum.  A  majority  of  the  whole  number  of  members  of 
the  board  of  aldermen  shall  constitute  a  quorum  for  the  transaction  of 
business  but  a  smaller  number  may  adjourn  from  time  to  time. 

448:36  Adjourned  Meeting.  At  least  twenty-four  hour's  notice  in 
writing  left  at  the  usual  place  of  residence  of  each  member  of  the  hold- 
ing of  an  adjourned  meeting  shall  be  given  to  all  members  who  were  not 
present  at  the  meeting  from  which  adjournment  was  taken. 

448:37  Investigations;  Subpoena  Powers.  The  board  of  aldermen 
shall  have  power  by  resolution  to  inquire  into  the  conduct  of  any  officer, 
department  or  agency  of  the  city  and  to  make  an  investigation  relating 
to  city  officers  and  for  such  purposes  may  subpoena  witnesses,  administer 
oaths,  and  compel  the  production  of  books,  records,  papers  and  other 
evidence. 

448:38  Prohibition.  No  member  of  the  board  of  aldermen  shall  vote 
in  the  matter  of  any  contract,  franchise,  job  work  or  lease  of  any  property 
in  which  he  is  interested  financially  directly  or  indirectly,  nor  shall  he 
take  any  official  action  relating  thereto.  All  such  transactions  shall  be  by 
the  authority  of  the  board  of  aldermen  with  the  interested  member  not 
voting. 

448:39  Committees  of  Board.  Any  committee  of  the  board  of  alder- 
men may  investigate  and  report  on  any  matter  referred  to  it  and  make 
a  recommendation  thereon  but  no  committee  shall  have  any  executive 
or  legislative  powers  and  all  matters  shall  be  determined  by  the  board  of 
aldermen  as  a  whole. 


1963]  Chapter  448  821 

Part  4 

Powers  of  Board  of  Aldermen 

448:40  Legislative  Power.  The  board  of  aldermen  shall  have  au- 
thority to  enact  ordinances  for  the  preservation  of  public  peace,  health, 
morals,  order,  safety  and  welfare  of  the  inhabitants  of  the  city  and  for  the 
protection  of  persons  and  property. 

448:41  Taxation.  The  board  of  aldermen  shall  have  all  the  taxing 
authority  of  the  city,  including  all  powers  to  tax  heretofore  or  hereafter 
granted  to  municipalities  (including  towns)  by  the  state  law. 

448:42  Penalties.  The  board  of  aldermen  may  provide  reasonable 
penalties  for  the  violation  of  any  ordinance. 

448:43  Powers.  Without  limiting  the  general  powers  hereinabove 
enumerated,  the  board  of  aldermen  shall  have  the  following  special 
powers: 

(a)  To  provide  a  municipally  owned  and  operated  airport  or  avia- 
tion field  or  other  public  utility; 

(b)  To  provide  for  the  recognition  of  unions  as  bargaining  repre- 
sentatives of  any  city  department,  provided  that  such  unions  accept  a 
no-strike  pledge  as  part  of  any  contract  with  the  city; 

(c)  To  fix  the  salaries  of  all  city  officials  not  otherwise  provided  for 
by  the  terms  of  this  charter. 

448:44  Requirements.  A  resolution  shall  be  required  for  every  act 
of  the  board,  the  purpose  of  which  is: 

(a)  To  levy  any  tax; 

(b)  To  make  any  appropriations; 

(c)  To  authorize  the  borrowing  of  money; 

(d)  To  grant  a  privilege  or  franchise; 

(e)  To  sell  or  lease  real  property  of  the  city; 

(f)  To  fix  compensation. 

An  ordinance  shall  be  required  for  any  act  which  establishes  a  fine 
or  other  penalty. 

448:45  Notice.  Every  proposed  ordinance  or  resolution  shall  be 
filed  with  the  city  clerk  by  a  member  of  the  board  not  later  than  three 
days  previous  to  that  of  the  meeting  at  which  it  is  to  be  introduced.  The 
city  clerk  shall  cause  a  list  thereof  by  title  to  be  posted  in  a  public  place 
in  the  city  hall  prior  to  the  time  of  such  meeting. 

448:46  Approval.  No  ordinance  shall  be  passed  by  the  board  unless 
it  shall  be  approved  at  two  consecutive  regular  meetings  of  the  board, 
except  ordinances  for  the  levy  of  taxes  and  for  the  appropriation  of 
money,  which  shall  be  passed  as  otherwise  provided  in  this  charter. 


822  Chapter  448  [1963 

448:47  Majority  Vote.  The  affirmative  vote  of  a  majority  of  the 
whole  number  of  members  of  the  board  of  aldermen  shall  be  necessary 
for  the  passage  of  any  ordinance,  but  a  majority  of  a  quorum  may  transact 
other  business. 

448:48  Limitation.  No  ordinance  shall  be  passed  in  less  than  ten 
days  from  the  time  of  its  introduction  in  the  board. 

448:49  Roll  Call.  A  vote  upon  any  ordinance  shall  be  by  roll  call 
and  entered  on  the  record  of  proceedings.  A  vote  by  roll  call  shall  be 
taken  on  any  other  matter  at  the  request  of  any  member. 

448:50  Effective  Date.  The  effective  date  of  any  ordinance  except 
that  relating  to  the  appropriation  of  money  or  the  levy  of  taxes  shall  be 
the  eleventh  consecutive  day  following  the  passage  or  approval  by  the 
board  unless  a  subsequent  date  be  provided  herein.  A  resolution  shall 
take  effect  immediately  upon  its  adoption. 

448:51  Emergencies.  In  an  emergency  affecting  the  public  peace, 
health  or  safety,  the  board,  by  affirmative  vote  of  twelve  members,  may 
adopt  an  ordinance  containing  a  declaration  of  emergency  which  shall 
take  effect  upon  its  passage,  and  stich  declaration  shall  be  conclusive  as 
to  the  existence  of  such  an  emergency. 

448:52  Codes.  An  ordinance  may  incorporate  by  reference,  any 
standard  technical  regulation  or  code  and  amendments  thereto,  copies 
of  which  shall  be  placed  on  file  in  the  office  of  the  city  clerk  for  examina- 
tion by  the  public  so  long  as  the  ordinance  is  in  effect. 

448:53  Recording.  A  copy  of  all  ordinances  and  resolutions,  and  of 
all  amendments  to  and  revisions  of  the  same,  shall  be  kept  on  file  in  the 
office  of  the  city  clerk  and  shall  be  open  for  public  inspection. 

448:54  Printing  Charter  and  Ordinances.  The  board  of  aldermen 
shall  provide  for  the  printing,  publication  and  distribiuion  of  the  charter 
and  ordinances  of  the  city  and  may  require  that  a  reasonable  charge  be 
made  for  copies  thereof.  A  compilation  of  the  charter  and  ordinances 
shall  be  published  at  least  once  in  every  seven  years  except  that  the  provi- 
sions of  any  standard  technical  regulation  or  code  and  amendments  thereto 
need  not  be  so  published. 

448:55  Impeachment.  The  board  of  aldermen  by  resolution  may 
remove  from  office  any  of  its  members,  and  may  remove  any  other  elective 
or  appointive  officers  of  the  city,  including  the  mayor,  by  impeachment. 

(a)  The  following  causes  shall  constitute  causes  for  impeachment: 
(1)  Corrupt  or  wilful  malfeasance  in  office;  (2)  Wilful  misconduct  to  the 
injury  of  the  public  service;  (3)  conviction  of  a  felony; 

(b)  Impeachment  proceedings  may  be  initiated  by  any  member  of 
the  board  of  aldermen  as  hereinafter  provided.  Upon  the  filing  with  the 


1963]  Chapter  448  823 

board  of  aldermen  of  a  complaint  in  writing  specifying  any  matter  or 
thing  made  cause  for  removal  under  this  charter,  which  complaint  shall 
be  signed  by  at  least  three  members  of  the  board  of  aldermen,  the  board 
shall  proceed  to  hear  and  determine  the  matter  as  herein  provided. 

(c)  No  officer  shall  be  removed  unless  he  is  first  furnished  with  a 
copy  of  the  charges  in  writing  and  allowed  to  be  heard  in  his  defense 
with  the  aid  of  counsel;  and  for  such  purposes  the  board  of  aldermen 
shall  have  the  power  to  compel  the  attendance  of  witnesses  and  the  pro- 
duction of  papers  by  subpoena  or  written  order  for  such  hearing  as  such 
officer  may  in  writing  request. 

(d)  The  board  of  aldermen  shall  hear  and  determine  the  charges 
within  ten  days  after  service  of  a  copy  thereof,  unless  said  proceedings 
shall  be  adjourned  for  cause  to  a  time  not  exceeding  thirty  days  in  all; 
and  then  at  such  adjourned  meeting  to  hear  and  determine  the  matter  as 
aforesaid.  If  such  officer  shall  neglect  to  appear  and  answer  such  charges, 
his  default  shall  be  deemed  cause  for  his  removal. 

(e)  A  removal  order  may  be  made  by  a  vote  of  two  thirds  of  all  the 
members  of  the  board  of  aldermen.  If  such  order  is  made,  the  reason  for 
the  removal  shall  be  entered  in  the  proceedings  of  the  board  with  the 
names  and  votes  of  the  members  voting  on  the  question,  and  said  officer 
shall  thereby  be  removed  from  his  office. 

(f)  Any  person  refusing  or  neglecting  to  comply  with  the  require- 
ments of  any  subpoena  or  written  order  issued  and  served  under  this  sec- 
tion shall  be  liable  to  a  fine  not  to  exceed  fifty  dollars  or  imprisonment 
not  to  exceed  thirty  days,  on  conviction  of  such  refusal  or  neglect  by  the 
local  municipal  court. 

(g)  In  cases  of  impeachment  of  the  mayor,  the  justice  of  the  Man- 
chester municipal  court  shall  preside  at  this  trial  before  the  board  of 
aldermen. 

Part  5 

Municipal  Court 

448:56  Municipal  Court.  The  municipal  court  shall  be  established 
in  accordance  with  the  general  state  laws  governing  all  municipal  courts 
(Revised  Statutes  Annotated,  Chapter  502). 

Part  6 

City  Clerk 

448:57  City  Clerk.  The  board  of  aldermen  shall  by  ballot  elect  a 
city  clerk  to  serve  for  two  years.  He  shall  be  removable  for  cause  by  the 
board. 

448:58  Deputy.  The  city  clerk  may  appoint  as  a  deputy  any  em- 
ployee of  his  office,  who  in  the  absence  or  disability  of  the  clerk  shall 


824  Chapter  448  [1963 

perform  his  duties  and  exercise  his  powers.  Such  deputy  shall  hold  such 
office  during  the  pleasure  of  the  clerk,  and  his  certificate  of  appointment 
shall  be  entered  in  the  journal  of  the  board  of  aldermen. 

448:59  Powers.  The  city  clerk  shall  be  clerk  of  the  board  of  alder- 
men, shall  make  a  permanent  record  of  board  proceedings,  and  shall  cer- 
tify by  his  signature  all  actions  of  the  board.  He  shall  be  the  custodian 
of  the  city  seal  and  of  the  official  documents  and  records  of  the  city,  and 
shall  perform  such  other  services  as  the  board  of  aldermen  may  prescribe. 

448:60  Duties.  He  shall  perform  all  the  duties  and  exercise  all  the 
powers  of  town  clerks  of  towns. 

448:61  Service  of  Process.  In  all  legal,  equitable  or  administrative 
proceedings  involving  the  city  of  Manchester,  service  of  process  shall  be 
in  accordance  with  state  law. 

Part  7 

Law  Department 

448:62  City  Solicitor.  The  board  of  aldermen  shall  by  ballot  elect 
a  city  solicitor  to  serve  for  two  years.  He  shall  be  removable  for  cause  by 
the  board. 

448:63  Duties.  The  city  solicitor  shall  be  an  attorney  for  the  city 
in  all  matters,  including  legislation,  and  legal  adviser  to  the  board  of 
aldermen  and  of  all  officers,  departments  and  agencies.  The  city  solicitor 
shall  perform  such  other  duties  as  may  be  prescribed  by  the  board  of  alder- 
men. 

448:64  Opinions.  All  legal  opinions  furnished  to  the  board  of  alder- 
men and  to  all  city  officers,  departments  and  agencies  shall  be  in  writing 
and  filed  with  the  city  clerk  together  with  the  resolution,  letter  or  other 
memorandum  requesting  the  opinion.  All  such  opinions  shall  be  indexed 
annually  by  topic. 

Part  8 

Department  of  Education 

448:65  Schools.  All  matters  pertaining  to  public  education  shall  be 
under  the  control  and  administration  of  a  school  board. 

448:66  Powers.  Subject  to  the  limitations  of  state  laws,  the  school 
board  shall  have  all  the  powers  over  public  education  which  the  board 
of  aldermen  and  the  mayor  have  over  other  municipal  affairs.  This  grant 
of  power  shall  not  apply  to  the  appropriation  of  funds.  The  school  board 
shall  be  required  to  submit  its  budget  to  the  finance  director  just  as  other 
city  departments  do.  However,  neither  the  finance  director  nor  the  board 
of  aldermen  shall  have  the  power  to  change  the  school  budget  in  any  way 


1963]  Chapter  448  825 

other  than  by  reducing  or  increasing  the  total  amount  to  be  appropri- 
ated to  the  school  board. 

448:67  Membership.  The  school  board  shall  consist  of  one  member 
elected  from  each  ward  at  regular  city  elections  for  a  term  of  two  years, 
to  serve  until  their  successors  have  been  elected  and  qualified.  Terms  shall 
begin  on  the  first  Tuesday  of  January  the  year  after  the  election. 

448:68  Vacancy.  If  any  vacancy  occurs  on  the  board  it  shall  be  filled 
by  the  alderman  representing  the  ward  in  which  the  vacancy  occurs.  Such 
successor  member  of  the  school  board  shall  be  designated  in  writing  and 
filed  with  the  city  clerk.  Such  appointee  shall  serve  until  the  next  bien- 
nial election. 

448:69  Officers.  The  mayor  shall  be  the  presiding  officer  at  all  meet- 
ings of  the  school  board  but  shall  vote  only  in  case  of  a  tie.  The  school 
board  shall  elect  annually  a  vice-chairman  from  among  its  own  members 
and  a  clerk  who  shall  not  be  a  member  and  shall  not  be  a  city  employee 
in  any  other  department  or  capacity.  The  vice-chairman  shall  preside 
in  the  absence  of  the  mayor.  The  board  may  adopt  its  own  rules  and 
procedure. 

448:70  Superintendent.  Subject  to  the  regulations  of  the  state  board 
of  education,  the  board  shall  appoint  a  superintendent  of  schools.  The 
superintendent  shall  be  the  chief  administrative  officer  of  the  school  sys- 
tem and  the  administrative  assent  of  the  board. 


o" 


448:71  Salary.  Each  member  of  the  school  board  shall  receive  such 
salary  as  may  be  prescribed  by  ordinance,  but  the  salary  of  any  member 
shall  not  be  changed  during  the  term  for  which  he  was  elected. 

Part  9 

i 

Finance  Department 

448:72  Department,  There  shall  be  a  finance  department,  the  head 
of  which  shall  be  the  finance  director  who  shall  be  appointed  by  the 
mayor  subject  to  approval  of  the  board  of  aldermen.  This  appointment 
shall  not  be  subject  to  merit  rating  and  the  finance  director  shall  not  have 
civil  service  status. 

448:73  Director.  The  finance  director  shall  be  the  chief  financial 
officer  of  the  city  and  shall  have  had  such  training  and  experience  in 
accounting,  budgeting,  or  management,  either  in  public  or  private  busi- 
ness, as  will  qualify  him  for  the  duties  which  he  is  required  to  perform. 

448:74  General  Duties.  The  director  shall  exercise  and  perform 
the  powers  and  duties  relating  to  the  functions  and  services  of  budgeting, 
accounting,  purchasing,  treasury,  collection  and  personnel. 

448:75  Accounting.  The  finance  department  shall  have  authority 
and  shall  be  required: 


826  Chapter  448  [1963 

(a)  To  supervise  and  be  responsible  for  the  disbursement  of  all 
moneys  and  have  control  over  all  expenditures; 

(b)  To  maintain  a  general  accounting  system  for  the  city  and  each 
of  its  offices,  departments  and  agencies; 

(c)  To  prescribe  forms  of  receipts,  vouchers,  bills  and  claims  used 
for  city  offices,  departments  and  agencies; 

(d)  To  audit  and  approve  before  payment  all  bills,  invoices,  pay- 
rolls and  other  evidence  of  claims,  demands  or  charges  against  the  city 
or  any  city  department  or  agency  and  to  determine  their  regularity,  legal- 
ity and  correctness; 

(e)  To  inspect  and  audit  any  accounts  or  records  of  financial  trans- 
actions maintained  by  any  office;  department  or  agency  receiving  an 
appropriation  from  the  city,  which  are  apart  from  or  subsidiary  to  the 
general  accounts; 

(f)  To  collect  all  taxes,  special  assessments,  city  license  fees  and 
other  revenues  which  are  due  or  owing  to  the  city; 

(g)  To  maintain  a  classification  plan  and  a  compensation  plan  based 
on  the  duties,  authority  and  responsibility  of  positions,  to  certify  payrolls, 
and  to  administer  any  personnel  provisions  of  the  budget  or  of  any  per- 
sonnel ordinance  adopted  for  the  purpose  of  setting  up  a  merit  rating 
system  for  city  employees. 

448:76  Monthly  Statements.  The  finance  department  shall  prepare 
a  monthly  statement  of  receipts  and  disbursements  in  sufficient  detail  to 
show  the  exact  financial  condition  of  the  city  and  each  department  or 
agency  thereof.  Within  three  months  following  the  close  of  each  fiscal 
year,  the  department  shall  prepare  and  publish  a  comprehensive  annual 
report  containing  a  complete  statement  of  financial  operations  and  in- 
debtedness of  the  city  during  the  fiscal  year. 

City  Treasurer 

448:77  There  shall  be  in  the  department  of  finance  a  city  treasurer 
who  shall  be  appointed  by  the  mayor  subject  to  the  approval  of  the  board 
of  aldermen. 

448:78  Custody  of  Funds.  The  city  treasurer  shall  have  custody  of 
all  public  moneys  and  funds  belonging  to  or  under  the  control  of  the 
city  and  shall  deposit  all  moneys  and  funds  coming  into  his  hands  in  such 
depositories  as  may  be  designated  by  resolution  of  the  board  of  aldermen 
or  by  the  mayor  if  no  such  resolution  is  adopted.  The  city  treasurer  shall 
disburse  the  moneys  and  funds  of  the  city  upon  proper  authorization. 

448:79  Investments,  (a)  The  city  treasurer  shall  have  custody  of  all 
investments  and  invested  funds  of  the  city  or  funds  which  are  in  the  pos- 
session of  the  city  in  a  fiduciary  capacity. 


1963]  Chapter  448  827 

(b)  The  city  treasurer  shall  have  the  safekeeping  of  the  bonds  and 
notes  of  the  city  and  the  receipt  and  delivery  of  bonds  and  notes  for  trans- 
fer, registration  and  exchange. 

(c)  The  board  of  aldermen  by  ordinance  shall  provide  for  an  in- 
vestment board  of  five  members,  to  be  known  as  the  trustees  of  public 
trust  funds,  as  trustees  to  handle  and  control  the  investments  of  city  funds. 
Such  investment  board  shall  include  not  more  than  two  members  who 
are  officers  of  banks  in  the  city. 

448:80  Tax  Collector.  There  shall  be  within  the  department  of 
finance  a  city  tax  collector  who  shall  be  appointed  by  the  mayor  subject 
to  the  approval  of  the  board  of  aldermen.  It  shall  be  his  duty  to  collect 
taxes  within  the  city  of  every  nature  whatsoever.  The  tax  collector  shall 
also  be  the  custodian  of  deeded  property  owned  by  the  city.  Upon  col- 
lection of  all  taxes  belonging  to  the  city,  he  shall  deliver  the  same  to  the 
city  treasurer  for  deposit  in  accordance  with  the  provisions  of  this  article. 

City  Assessors 

448:81  Assessors.  There  shall  be  in  the  finance  department  a  board 
of  three  city  assessors  who  shall  be  appointed  by  the  mayor  and  confirmed 
by  the  aldermen.  The  assessors  shall  serve  for  a  term  of  six  years,  one  to 
be  appointed  every  two  years.  The  assessors  shall  have  knowledge  of  and 
experience  in  the  appraisal  of  real  and  personal  property,  and  while  serv- 
ing as  assessors  shall  have  no  other  public  office.  The  board  of  assessors 
in  office  at  the  time  of  the  adoption  of  this  charter  shall  continue  in  office 
until  the  expiration  of  their  terms  as  provided  by  the  law  in  effect  at  the 
date  of  their  appointment.  Thereafter  appointments  to  the  board  of  as- 
sessors shall  be  made  in  accordance  with  the  foregoing  provisions  of  this 
charter. 

448:82  Assessment.  The  city  assessors  shall  be  responsible  for  the 
fixing  of  an  assessed  valuation  upon  all  property  liable  to  taxation  and 
for  the  preparation  of  an  assessment  roll  and  a  tax  roll  for  the  city  in  the 
manner  provided  by  law  and  ordinance.  They  shall  have  all  the  powers 
and  perform  all  the  duties  imposed  by  law  on  assessors  in  cities  and  towns 
of  this  state,  including  the  abatement  of  taxes  and  assessments. 

Board  of  Assessment  Review 

448:83  Board  of  Assessment.  The  city  assessors  shall  also  constitute 
a  board  of  assessment  review  and  shall  appoint  one  of  its  members  as 
chairman  and  shall  adopt  regulations  regarding  the  procedure  for  assess- 
ment review.  Meetings  of  the  board  shall  be  open  to  the  public  and  the 
record  of  its  proceedings  shall  be  available  for  public  inspection. 

448:84  Appeals.  The  board  of  assessment  review  shall  hear  and  con- 
sider the  appeal  of  any  property  owner  concerning  the  amount  of  his 
assessed  valuation  as  determined  by  the  city  assessors.  The  procedure  be- 


828  Chapter  448  [1963 

fore  the  board  shall  be  informal  and  of  a  nature  calculated  to  effect  justice 
in  as  simple  a  manner  as  possible. 

448:85  Refunds.  If  it  shall  appear  that  the  valuation  of  any  property 
has  been  incorrectly  or  inadequately  assessed,  the  board  shall  determine 
the  correct  valuation  of  such  property.  It  shall  be  the  duty  of  the  finance 
director  to  draw  his  order  upon  the  city  treasurer  for  the  payment  of  any 
refund  based  upon  the  action  of  the  board  of  assessment  review. 

448:86  Appeal  to  State.  The  taking  of  an  appeal  to  the  board  of 
assessment  review  or  any  action  thereon  shall  not  be  construed  to  limit 
the  right  of  any  taxpayer  to  apply  to  any  duly  constituted  state  authority 
or  to  a  court  of  competent  jurisdiction  for  relief  from  any  assessed  valua- 
tion or  tax  originally  determined  by  the  city  assessors. 

448:87  Meetings.  The  board  shall  meet  on  the  first  business  day 
of  the  month  after  the  expiration  of  twenty  days  subsequent  to  the  date 
on  which  taxes  become  due  and  payable,  and  at  such  times  thereafter  as 
may  be  necessary  to  hear  appeals.  No  appeal  shall  be  considered  unless  it 
is  made  in  writing  and  is  received  by  the  board  not  later  than  the  time  of 
its  first  meeting  or  an  adjourned  meeting  thereof. 

Budget  and  Finance 
Budget 

448:88  Fiscal  Year.  The  fiscal  year  of  the  city  shall  begin  on  the 
first  day  of  January  and  shall  end  on  the  last  day  of  December. 

448:89  Budget.  The  mayor  shall  file  with  the  city  clerk,  at  least 
forty-five  days  prior  to  the  beginning  of  each  fiscal  year,  a  proposed  op- 
erating budget  and  a  capital  budget  and  a  budget  message  containing 
an  explanation  of  proposed  financial  policies  and  the  important  features 
of  the  budget  plan.  He  shall  submit  at  the  same  time  proposed  resolu- 
tions making  provision  for  the  support  of  the  city  government  for  the 
ensuing  year. 

448:90  Presentation.  The  mayor  shall  present  his  budget  message 
to  the  board  of  aldermen  at  its  next  regular  meeting  or  special  meeting 
after  the  filing  by  the  mayor. 

Operating  Budget 

448:91  Operating  Budget.  The  operating  budget  shall  contain  ap- 
propriations for  the  payment  of  principal  and  interest  on  the  city  debt 
and  for  the  sinking  fund,  and  these  appropriations  shall  not  be  less  than 
the  amount  required  to  pay  the  same  in  full. 

448:92  Estimates.  In  compiling  the  operating  budget  the  finance 
department  shall  assist  the  mayor.  For  such  purpose,  at  least  sixty  days 
prior  to  the  beginning  of  each  fiscal  year,  the  finance  department  shall 


1963]  Chapter  448  829 

obtain  from  the  head  of  each  office,  department  or  agency  detailed  esti- 
mates of  revenues  and  expenditures  and  such  other  supporting  data  as 
the  finance  department  or  the  mayor  may  request.  The  finance  depart- 
ment and  the  mayor  shall  review  the  estimates  and  may  revise  them  as 
may  seem  advisable  before  submitting  them  to  the  board  of  aldermen. 

448:93  Form.  A  comparative  tabulation  shall  accompany  the  oper- 
ating budget  estimates  submitted  by  the  mayor,  which  shall  show  in  item- 
ized and  classified  form  the  following: 

( 1 )  The  appropriation  for  the  current  year; 

(2)  The  actual  expenses  of  the  first  nine  months; 

(3)  The  estimated  expenses  of  the  last  three  months; 

(4)  The  sum  of  the  two  preceding  figures; 

(5)  The  actual  receipts  for  the  first  nine  months; 

(6)  The  estimated  receipts  of  the  last  three  months; 

(7)  The  sum  of  the  two  preceding  figures; 

(8)  The  actual  expenses  of  each  of  the  two  preceding  fiscal  years; 

(9)  The  actual  receipts  of  each  of  the  two  preceding  fiscal  years; 
(110)  The  budget  estimate  of  expenses  for  the  ensuing  fiscal  year; 
(11)    The  budget  estimate  of  receipts  for  the  ensuing  fiscal  year; 

448:94  Revision.  The  figures  to  be  included  in  the  foregoing  tabu- 
lation may  be  revised  as  to  form  but  not  changed  as  to  substance  by  the 
finance  director.  The  tabulation  shall  also  include  further  information 
and  recommendations  as  the  finance  director  may  suggest. 

448:95  Contingencies.  The  operating  budget  shall  contain  an  ap- 
propriation for  contingencies  which  shall  not  exceed  in  amount  one-tenth 
of  one  per  centum  of  the  total  assessed  valuation  of  the  preceding  year 
or  three  per  centum  of  the  operating  budget,  whichever  is  the  lesser. 

448:96  Transfers.  From  the  appropriation  for  contingencies  there 
shall  be  made  by  the  board  of  aldermen  such  transfers  to  other  appropria- 
tion items  during  the  year  as  may  be  required  for  the  several  agencies  of 
the  city  whose  appropriations  are  insufficient  or  for  nonrecurring  items 
of  an  unusual  nature.  The  said  appropriation  also  may  be  used  for  the 
payment  of  bills  incurred  due  to  emergencies. 

Capital  Budget 

448:97  Capital  Budget.  Estimates  and  recommendations  for  capital 
budget  shall  be  presented  by  the  director  of  development  after  reviewing 
capital  budget  estimates  submitted  to  the  finance  director  by  all  depart- 
ments and  agencies  of  the  city  at  least  one  hundred  and  twenty  days  prior 
to  the  beginning  of  each  fiscal  year. 

448:98  Report.  Not  less  than  sixty  days  prior  to  the  beginning  of 
each  fiscal  year  the  director  of  development  shall  report  to  the  finance 
director  his  recommendations  for  capital  projects  for  the  ensuing  year 


830  Chapter  448  [1963 

and  the  next  five  fiscal  years  thereafter.  The  capital  budget  for  each  year 
shall  include  all  capital  obligations  remaining  to  be  fulfilled  from  prior 
fiscal  years. 

Provisions  Governing  Budgets 

448:99  Revenues.  Both  budgets  shall  show  all  anticipated  revenues, 
including  those  to  be  received  from  all  other  government  sources,  and 
all  proposed  expenditures  in  reasonable  detail  and  the  total  proposed 
expenditures  shall  not  be  greater  than  the  total  of  the  anticipated  reve- 
nues. 

448:100  Hearing.  A  public  hearing  on  both  budgets  shall  be  held 
by  the  board  of  aldermen  prior  to  their  adoption  by  the  board  of  alder- 
men, at  such  time  and  place  as  the  board  of  aldermen  shall  direct,  and 
notice  of  such  public  hearing,  together  with  a  copy  of  the  budget  as  sub- 
mitted, shall  be  published  at  least  one  week  in  advance  of  the  hearing 
by  the  city  clerk. 

448:101  Copies.  The  city  clerk  at  least  one  week  before  such  public 
hearing,  shall  cause  to  be  prepared  at  least  two  hundred  copies  of  both 
budgets  and  such  additional  copies  as  the  mayor  may  specify.  A  copy 
of  the  budgets  shall  be  furnished  to  each  city  department  or  agency  sub- 
mitting estimates,  and  so  far  as  possible  to  other  persons  on  request. 

448:102  New  Items.  The  board  of  aldermen  may  insert  new  items 
or  may  increase  or  decrease  the  items  of  both  budgets  presented  by  the 
mayor,  but  if  it  shall  increase  the  total  proposed  expenditures,  it  shall 
also  provide  for  increasing  the  total  anticipated  revenues  at  least  equal 
the  total  proposed  expenditures. 

448:103  Approval  Finance  Director.  No  increase  in  revenue  shall 
be  inserted  by  the  board  of  aldermen  as  anticipated  revenue  in  the  budget 
unless  the  finance  director  shall  determine  that  the  facts  clearly  warrant 
the  expectation  that  such  excess  amount  will  be  realized  in  cash  during 
the  fiscal  year  and  shall  certify  such  determination  in  writing  to  the  board 
of  aldermen. 

448:104  Public  Record.  Upon  final  passage  of  the  appropriation 
resolution,  such  changes  as  have  been  made  in  the  ordinance  as  originally 
proposed  shall  be  made  in  the  budget  document.  A  copy  of  the  budget 
and  appropriation  resolution  shall  be  placed  on  file  as  a  public  record 
in  the  office  of  the  city  clerk. 

Appropriations  and  Tax  Levy 

448:105  Appropriation.  The  appropriation  resolution  shall  show 
the  anticipated  revenues  and  authorized  expenditures  in  such  summary 
form  as  the  finance  director  may  consider  necessary  for  effective  budgetary 
control.   The  expenditures  as  authorized  shall  constitute  authority  for 


1963]  Chapter  448  831 

the  several  offices,  departments  and  agencies  to  spend  the  amounts  pro- 
vided in  the  budget  without  further  action  by  the  board  of  aldermen. 

448:106  Effective  Dates.  Upon  the  adoption  of  the  appropriation 
resolution  by  the  board  of  aldermen,  each  appropriation  therein  that 
was  also  recommended  by  the  mayor  in  the  budget  submitted  by  him 
shall  take  effect  but  if  any  items  of  either  appropriations  or  receipts  in 
the  budget  submitted  by  the  mayor  are  changed  in  the  budget  adopted 
by  the  board  of  aldermen,  the  city  clerk  shall  forthwith  report  such 
changes  to  the  mayor. 

448:107  Item  Approval.  The  mayor  shall,  within  ten  days  after 
such  report,  Sundays  and  holidays  excluded,  certify  to  the  city  clerk  his 
approval  or  disapproval  of  each  such  changed  item.  Such  changed  items 
as  are  approved  by  the  mayor  shall  thereupon  take  effect.  If  the  mayor 
disapproves  any  such  changed  items,  he  shall  include  in  his  message  of 
disapproval  a  statement  of  his  reasons  therefor,  and  the  city  clerk  shall 
present  such  message  of  disapproval  to  the  board  of  aldermen  at  its  next 
regular  meeting, 

448:108  Reconsideration.  The  board  of  aldermen,  upon  receipt  of 
the  message  of  disapproval,  shall  within  five  days  reconsider  its  action  on 
each  such  item,  and  if  upon  such  reconsideration  the  board  of  aldermen 
shall  override  the  mayor's  disapproval  by  an  affirmative  roll  call  vote  of 
at  least  two-thirds  of  the  members  of  the  board  of  aldermen,  such  changed 
items  shall  thereupon  take  effect.  Otherwise,  such  item  as  it  appeared  in 
the  budget  submitted  by  the  mayor  shall  take  effect. 

448:109  Limitations.  Any  change  in  the  tax  levy  required  to  keep 
the  budget  in  balance  as  a  result  of  the  mayor's  disapproval  of  an  item 
reduced  by  the  board  of  aldermen,  and  the  failure  of  the  board  of  alder- 
men to  override  such  disapproval,  shall  be  deemed  to  have  been  made 
automatically  upon  the  taking  effect  of  such  item,  provided  any  such 
increase  in  the  tax  levy  may  be  made  within  the  limits  allowed  by  law. 
If  the  amounts  demanded  by  the  mayor's  budget  require  a  tax  levy  be- 
yond the  limits  allowed  by  law,  the  mayor  shall  file  a  certificate  with  the 
city  clerk  reducing  such  items  to  such  amount  that  the  resulting  change 
in  the  tax  levy  may  be  made  within  the  limits  allowed  by  law  and  such 
item  shall  thereupon  take  effect. 

448:110  Tax  Levy.  Upon  the  adoption  of  the  operating  budget  and 
the  capital  budget  by  the  board  of  aldermen,  and  the  final  disposition, 
as  hereinbefore  provided,  of  all  items  changed  by  the  board  of  aldermen, 
each  appropriation  item  in  both  budgets  shall  take  effect  as  a  separate 
appropriation,  and  a  tax  is  conclusively  deemed  to  be  levied  thereby  and 
ordered  assessed  and  collected  according  to  law. 

448:111  Budget  Effective.  If  the  board  of  aldermen  shall  fail  to 
adopt  an  appropriation  resolution  in  accordance  with  the  foregoing  pro- 


832  Chapter  448  [1963 

vision,  on  or  before  the  last  day  of  the  fiscal  year,  each  department  of 
city  government  may  expend  in  each  month  of  the  fiscal  year  an  amount 
not  to  exceed  one-twelfth  of  the  amount  designated  for  said  department 
in  the  budget  submitted  by  the  mayor,  until  such  time  as  the  board  of 
aldermen  shall  adopt  an  appropriation  resolution.  The  budget  shall  in 
any  event  be  finally  adopted  not  later  than  the  first  day  of  the  second 
month  of  the  fiscal  year. 

Budgetary  Control 

448:112  Control.  The  expenditure  of  every  department  and  agency 
supported  by  or  receiving  an  appropriation  from  the  city  shall  be  subject 
to  preaudit  by  the  department  of  finance  as  hereinafter  provided. 

448:113  Accounts.  The  finance  department  shall  exercise  budgetary 
control  over  each  department  and  agency,  and  shall  cause  separate  ac- 
counts to  be  kept  for  the  items  of  appropriation,  each  of  which  shall  show 
the  amount  of  the  appropriation,  the  amounts  paid  therefrom,  the  un- 
paid obligations  against  it,  and  the  unencumbered  balance.  Unless  the 
finance  department  shall  certify  that  there  is  a  sufficient  unencumbered 
balance  and  available  funds,  no  appropriation  shall  be  encumbered 
and  no  expenditures  shall  be  made. 

448:114  Work  Program.  Not  less  than  sixty  days  before  the  begin- 
ning of  the  fiscal  year,  the  head  of  each  department  and  agency  shall  sub- 
mit to  the  finance  department  a  work  program  for  the  year,  which  shall 
show  requested  allotment  of  appropriations  and  numbers  of  employees 
by  quarterly  periods  for  the  entire  fiscal  year.  The  finance  department 
shall  review  the  requested  allotments  and  may  revise  or  change  such  allot- 
ments before  approving  the  same.  The  department  shall  authorize  all 
expenditures  to  be  made  on  the  basis  of  approved  allotments  and  not 
otherwise. 

448:115  Allotments.  The  approved  allotments  of  appropriations 
and  of  numbers  of  employees  may  be  revised  by  the  finance  depart- 
ment during  the  fiscal  year,  if  it  shall  ascertain  that  total  available 
income  for  the  year  will  be  less  than  the  total  appropriations,  it  shall 
recommend  to  the  mayor  the  reconsideration  and  revision  of  the  several 
work  programs  and  allotments  so  as  to  prevent  the  making  of  expendi- 
tures in  excess  of  income. 

448:116  Reductions.  Upon  notification  by  the  mayor  that  actual 
revenue  receipts  will  not  equal  the  original  estimates  upon  which  appro- 
priations were  based,  the  board  of  aldermen  shall  make  such  reductions 
in  appropriations,  in  accordance  with  the  recommendations  of  the  mayor, 
as  will  prevent  the  occurrence  of  a  deficit. 

448:117  Transfers.  The  finance  director,  upon  request  by  the  head  of 
any  department  or  agency,  shall  have  authority,  in  his  discretion,  to  trans- 


1963]  Chapter  448  833 

fer  any  unencumbered  balance  or  portion  thereof  between  appropriation 
items  within  the  same  department  or  agency. 

448:118  Prohibition.  No  department  or  agency  shall  expend  or 
contract  to  expend  any  money  or  incur  any  liability  or  enter  into  any  con- 
tract which  by  its  terms  involves  expenditure  of  money  during  the  fiscal 
year  in  excess  of  the  amounts  appropriated.  Provided,  however,  that  this 
limitation  shall  not  apply  to  capital  improvements  to  be  financed  in 
uhole  by  the  issuance  of  bonds  nor  to  the  making  of  contracts  and  leases 
approved  by  the  board  of  aldermen. 

448:119  Finance  Department.  The  finance  department  shall  have 
aiuhority  to  examine  and  approve  all  purchases,  orders,  payrolls,  and 
other  items  of  proposed  expenditure.  Any  proposed  expenditure  not  spe- 
cifically authorized  by  an  appropriation  shall  be  disapproved  by  the 
finance  department,  and  no  payment  of  any  item  so  disapproved  shall  be 
made  by  any  office  of  the  city. 

448:120  General  Fund.  The  general  fund  shall  comprise  the  re- 
sources and  liabilities  of  the  city  not  specifically  belonging  to  other  funds. 
Capital  funds  and  other  special  funds  may  be  created  by  ordinance  and 
the  board  of  aldermen  shall  specify  the  source  of  receipts  of  such  special 
funds  and  the  purposes  for  which  expenditures  from  special  funds  shall 
be  made.  All  revenues  of  the  city  not  required  to  be  paid  into  other  funds 
shall  be  paid  into  the  general  fund,  unless  otherwise  specified  by  state 
or  federal  law. 

448:121  Lapse.  All  general  fund  appropriations  shall  lapse  at  the 
end  of  the  fiscal  year  to  the  extent  that  they  shall  not  have  been  expended 
or  encumbered.  All  such  balances  shall  revert  to  the  general  fund  and 
shall  be  subject  to  reappropriation. 

Tax  Anticipation  Notes 

448:122  Anticipation  of  Taxes.  The  city  may  issue  any  notes  for 
borrowing  in  anticipation  of  taxes  as  the  board  of  aldermen  shall  author- 
ize. 

448:123  Audit.  Within  three  months  after  the  beginning  of  each 
fiscal  year,  the  board  of  aldermen  by  resolution,  requiring  competitive 
bidding,  shall  arrange  for  an  annual  independent  audit  of  the  books, 
accounts  and  other  evidences  of  financial  transactions  of  the  city,  as  of 
the  close  of  the  fiscal  year,  to  be  conducted  either  by  state  auditors  or  a 
certified  public  accountant  holding  a  certificate  from  this  state  and  hav- 
ing no  personal  interest  therein  except  as  a  taxpayer  or  resident  of  the 
city.  Such  examination  shall  conform  with  generally  accepted  auditing 
standards  and  shall  include  all  procedures  necessary  for  the  auditors  to 
express  an  informed  opinion  of  the  financial  practices  and  accounts.  A 
copy  of  the  audit  report  shall  be  filed  with  the  city  clerk  and  shall  be  a 
public  record. 


834  Chapter  448  [1963 

Licenses  and  Fees 

448:124  Licensing  Power.  The  city  shall  have  power  to  require  a 
license  for  purposes  of  regulation  or  control  in  any  matter  of  local  or 
municipal  concern  which  may  be  authorized  by  the  board  of  aldermen 
in  conformity  with  state  law,  but  no  tax  may  be  levied  by  the  city  except 
as  provided  by  law. 

448:125  Fees.  The  board  of  aldermen  shall  prescribe  by  ordinance 
the  fees  to  be  charged  for  any  city  license  and  the  terms,  conditions  and 
time  of  expiration  of  any  city  license  or  class  of  licenses.  Licenses  shall 
be  issued  by  the  finance  department  after  they  have  been  processed  and 
approved  by  such  departments  or  agencies  as  may  be  prescribed  by  ordi- 
nance, except  as  otherwise  provided  by  this  charter  or  state  law. 

448:126  Suspension.  Any  license  may  be  suspended  or  revoked  for 
cause  by  such  department  or  agency  which  is  authorized  to  approve  the 
issuance  of  a  license.  Any  appeal  from  or  remonstrance  against  an  action 
by  such  department  or  agency  shall  be  directed  to  and  determined  by 
the  board  of  aldermen.  Any  person  aggrieved  by  a  decision  of  the  board 
of  aldermen  on  the  suspension  or  revocation  of  a  license  shall  have  a  right 
of  appeal  to  the  superior  court  from  said  board  of  aldermen,  which  appeal 
shall  be  prosecuted  and  governed  by  the  provisions  of  chapter  536  of  the 
Revised  Statutes  Annotated,  which  shall  be  extended  to  apply  to  the 
board  of  aldermen  of  the  city  of  Manchester  in  decisions  on  suspension 
or  revocation  of  licenses  authorized  to  be  issued  by  the  city  of  Manchester. 

448:127  Parking.  The  city  shall  have  power  for  purposes  of  local 
regulation  to  provide  for  the  use  of  parking  meters  and  for  the  main- 
tenance of  municipal  parking  lots,  and  the  board  of  aldermen  may  im- 
pose reasonable  fees  in  connection  therewith. 

448:128  Payment  of  Fees.  All  fees  received  by  any  city  officer  or 
employee  as  such  shall  belong  to  the  city  and  shall  be  paid  to  the  city 
treasurer  at  such  times  and  under  such  conditions  as  the  director  of 
finance  may  prescribe,  except  as  otherwise  required  by  state  or  federal 
law. 

Property  in  Trust 

448:129  Property  in  Trust.  The  board  of  aldermen  in  its  discretion 
may  receive  and  transfer  to  the  trustees  of  public  trust  funds  any  property 
in  trust  for  parks,  recreation,  cemeteries,  or  other  municipal  purposes. 

Bonds 

448:130  Bonds.  In  the  event  the  board  of  aldermen  shall  authorize 
the  issuance  of  any  bonds  which  lawfully  may  be  issued,  such  bonds  shall 
be  payable  in  equal  or  diminishing  annual  installments  beginning  one 
year  from  their  issue  date  and  within  the  period  of  usefulness  of  the  im- 


1963]  Chapter  448  835 

provement  or  property  for  which  the  bonds  were  issued,  as  determined 
by  the  board  of  aldermen,  but  in  any  event  within  twenty  years  from 
their  date.  Such  bonds  shall  be  signed  by  the  treasurer  and  countersigned 
by  the  mayor  and  the  principal  and  interest  shall  be  payable  in  any  coin 
or  currency  of  the  United  States  of  America  which  at  the  time  of  payment 
is  legal  tender  for  public  and  private  debts.  The  city  shall  annually  ap- 
propriate a  sum  sufficient  to  pay  the  principal  and  interest  payable  in 
such  year  of  any  such  bonds. 

Bonds  of  Officers  and  Employees 

448:131  Officers.  The  board  of  aldermen  may  require  any  officer 
or  employee  of  the  city  to  give  a  bond,  conditioned  upon  faithful  and 
proper  performance  of  the  duties  of  his  office  or  employment. 

448:132  Bonding.  All  officers  and  employees  of  the  city  receiving, 
disbursing  or  responsible  for  city  funds  shall  be  bonded. 

448:133  Liability.  The  resignation  or  removal  of  any  officer  or  em- 
ployee shall  not,  nor  shall  the  appointment  of  another  to  the  office  or 
employment,  exonerate  such  officer  or  employee  or  his  sureties  from  any 
liability  incurred  by  him  or  them. 

448:134  Surety  Bonds.  All  official  bonds  shall  be  corporate  surety 
bonds  and  the  premiums  thereon  shall  be  paid  by  the  city. 

448:135  Filing.  All  bonds  of  officers  or  employees  shall  be  filed 
with  the  city  clerk,  except  that  of  the  city  clerk,  which  shall  be  filed  with 
the  director  of  finance.  All  such  bonds  shall  be  open  to  public  inspection. 

Purchasing 

448:136  Purchasing  Agent.  There  shall  be  in  the  department  of 
finance  a  city  purchasing  agent  who  shall  be  appointed  by  the  mayor 
with  the  approval  of  the  board  of  aldermen. 

448:137  Authority.  The  city  purchasing  agent  shall  have  authority 
and  shall  be  required: 

(a)  To  purchase  or  contract  for  all  supplies,  materials,  equipment, 
and  nonprofessional  services  required  by  any  office,  department  or  agency; 

(b)  To  establish  and  enforce  specifications  with  respect  to  supplies, 
materials,  equipment  and  non-professional  services  required  by  the  city 
after  consulting  with  the  respective  office,  department  or  agency  con- 
cerned, except  that  educational  supplies  shall  be  determined  by  the  school 
board; 

(c)  To  be  responsible  for  the  inspection  and  deliveries  of  supplies, 
materials  and  equipment  to  determine  their  quality,  quantity  and  con- 
formance with  specifications; 


836  Chapter  448  [1963 

(d)  To  transfer  to  or  between  offices,  departments  or  agencies  sur- 
plus, obsolete  or  unused  supplies'  materials  and  equipment  and  to  sell 
any  such  supplies,  materials  and  equipment  as  may  be  authorized  by  the 
board  of  aldermen. 

(e)  To  be  responsible  for  the  storage  and  distribution  of  all  supplies, 
materials  and  equipment  used  by  any  office,  department  or  agency  and 
to  have  charge  of  any  general  store  rooms  and  warehouses  of  the  city. 

448:138  Bidding.  Except  as  otherwise  provided  herein,  before  the 
purchase  of  or  contract  for  supplies,  materials,  equipment  or  non-profes- 
sional services  is  made  on  behalf  of  the  city,  opportunity  shall  be  given 
for  competitive  bidding  under  such  rules  and  regulations  and  with  such 
exceptions  as  may  be  provided  by  ordinance. 

448:139  Limitation.  The  city  purchasing  agent  shall  have  authority 
to  make  purchases  on  behalf  of  the  city  in  an  amount  not  exceeding  three 
hundred  dollars  at  the  best  price  obtainable  but  without  formal  bids. 

448:140  Bids.  Any  purchase  in  excess  of  three  hundred  dollars  but 
not  more  than  one  thousand  dollars  shall  be  by  written  bids,  and  wher- 
ever possible  at  least  three  bids  shall  be  obtained  for  each  purchase. 

448:141  Notice.  All  purchases  or  contracts  in  excess  of  one  thousand 
dollars  shall  be  made  only  upon  written  specifications  after  public  notice 
and  competition.  Sealed  bids  shall  be  opened  publicly  in  the  presence 
of  the  mayor  or  an  official  designated  by  him. 

448:142  Award.  The  award  of  any  purchase  or  contract  for  which 
written  sealed  bids  are  required  shall  be  made  to  the  lowest  responsible 
bidder  who  complies  with  the  specifications.  The  city  purchasing  agent 
shall  have  the  right  to  reject,  for  reasonable  cause  publicly  declared,  any 
and  all  bids  and  to  advertise  for  new  bids  to  be  made.  The  finance  di- 
rector shall  have  the  right,  in  specific  instances  where  he  deems  com- 
petitive bidding  to  be  disadvantageous  to  the  city,  to  waive  the  require- 
ments of  sections  138,  139,  140  and  141  of  this  charter. 

448:143  Series.  A  series  of  orders  for  amounts  below  the  foregoing 
competitive  bidding  minimum  shall  be  construed  to  be  one  order  or 
contract  and  the  finance  department  shall  disapprove  and  reject  the  same 
as  circumventing  the  requirements  of  this  charter  for  competitive  bid- 
ding. 

448:144  Requisitions.  All  purchases  made  and  contracts  executed 
on  behalf  of  the  city  shall  be  pursuant  to  a  written  requisition  from  the 
head  of  the  office,  department  or  agency  whose  appropriation  will  be 
charged.  No  contract  or  order  shall  be  issued  to  any  vendor  unless  and 
until  the  finance  department  certifies  that  there  is  a  sufficient  unencum- 
bered appropriation  balance  to  pay  for  the  supplies,  materials,  equip- 
ment or  contractual  services  for  which  the  contract  or  order  is  issued.  All 


1963]  Chapter  448  837 

such  requisitions  shall  be  preserved  for  the  period  of  the  statute  of  lim- 
itations. 

Part  10 
Department  of  Development 

448:145  Department.  There  shall  be  a  department  of  development, 
the  head  of  which  shall  be  the  director  of  development,  appointed  by 
the  mayor  subject  to  the  approval  of  the  board  of  aldermen. 

448:146  Director.  The  director  of  development  shall  be  the  admin- 
istrative head  of  the  department  of  development  and  shall  be  responsible 
for  coordinating  the  overall  development  program  of  the  city,  including 
planning,  industrial  development,  urban  renewal,  zoning  and  housing 
standards,  and  industrial  parks.  He  shall  be  qualified  by  education  or 
experience  in  the  field  of  industrial  development. 

Planning  Board 

448:147  Planning  Board.  There  shall  be  in  the  department  of  devel- 
opment a  planning  board,  which  shall  consist  of  the  director  of  public 
works,  the  director  of  development,  one  member  of  the  board  of  aldermen 
appointed  by  the  mayor  and  confirmed  by  the  board  of  aldermen  and  the 
mayor,  as  ex-officio  members,  and  six  members  appointed  by  the  mayor 
and  confirmed  by  the  board  of  aldermen,  to  serve  for  terms  of  six  years  or 
until  their  successors  are  appointed  and  qualified. 

448:148  Term.  The  six  appointive  members  of  the  planning  board 
in  office  at  the  time  of  the  adoption  of  this  charter  shall  continue  in  office 
imtil  the  expiration  of  their  respective  terms.  Thereafter  the  mayor  shall 
appoint  one  member  each  year  for  a  term  of  six  years,  subject  to  con- 
firmation by  the  board  of  aldermen.  Members  of  the  board  shall  serve 
without  compensation  and  may  not  hold  other  city  office. 

448:149  Officers.  The  planning  board  shall  elect  its  chairman  from 
the  appointive  members,  and  fill  such  other  offices  as  it  may  deem  neces- 
sary for  its  work. 

448:150  Planning  Director.  The  planning  board,  with  the  approval 
of  the  mayor,  shall  appoint  a  planning  director  for  the  city.  The  plan- 
ning director  shall  be  the  administrative  head  of  the  planning  depart- 
ment and  shall  work  under  the  supervision  of  the  planning  board  and  in 
co-operation  with  the  director  of  development  and  the  industrial  agent. 

448:151  Meetings.  The  planning  board  shall  hold  at  least  one  meet- 
ing each  month.  It  shall  adopt  its  own  rules  and  regulations  and  shall 
keep  a  public  record  of  its  resolutions,  transactions,  findings  and  deter- 
minations. 

448:152  Duties.  The  planning  board  shall  have  such  powers  and 
duties  as  were  assigned  to  it  by  ordinance  prior  to  the  adoption  of  this 


838  Chapter  448  [1963 

charter  and  as  may  hereafter  be  assigned  to  it  by  ordinance  under  the 
provisions  of  Revised  Statutes  Annotated  chapter  36,  which  is  hereby  in- 
corporated by  reference  into  this  charter. 

Industrial  Division 

448:153  Industrial  Council.  There  shall  be  within  the  department 
of  development  an  industrial  council  consisting  of  twenty  qualified  mem- 
bers, fifteen  of  whom  shall  be  residents  of  the  city  of  Manchester.  They 
shall  be  appointed  by  the  mayor,  subject  to  the  approval  of  the  board  of 
aldermen,  for  a  term  of  six  years. 

448:154  Term.  Five  members  shall  be  first  appointed  for  a  term  of 
two  years;  seven  members  for  a  term  of  four  years;  eight  members  for  a 
term  of  six  years;  and  thereafter  as  terms  expire  of  those  first  appointed, 
terms  shall  be  for  a  period  of  six  years.  The  mayor  and  two  members  of 
the  board  of  aldermen  shall  also  serve  as  ex-officio  members  of  the  indus- 
trial council,  whose  terms  shall  correspond  to  their  respective  tenure  of 
office.  The  aldermen  shall  be  named  by  the  mayor,  subject  to  the  ap- 
proval of  the  board  of  aldermen. 

448:155  Chairman.  The  industrial  council  shall  elect  its  chairman 
from  the  appointed  members,  and  fill  such  other  offices  as  it  may  deem 
necessary  for  its  work. 

448:156  Industrial  Agent.  The  industrial  council,  with  the  approval 
of  the  mayor,  shall  appoint  an  industrial  agent  for  the  city  of  Manchester, 
who  shall  be  the  administrative  head  of  the  industrial  division  of  the 
department  of  development.  He  shall  be  responsible  for  promoting  and 
encouraging  the  welfare  of  local  industries  and  the  establishment  of  new 
industries  in  metropolitan  Manchester.  He  shall  be  qualified  by  educa 
tion  or  experience  in  the  held  of  industrial  development. 

448:157  Housing  Authority.  The  housing  authority  created  in  the 
city  of  Manchester  by  the  provisions  of  RSA  203  and  transacting  its  busi- 
ness and  exercising  its  powers  under  the  name  "Manchester  Housing 
Authority"  shall  participate,  ex  officio,  as  a  part  of  the  department  of 
development  to  coordinate  the  undertakings  of  the  Manchester  housing 
authority  and  the  city  of  Manchester  in  the  redevelopment  and  low  rent 
housing  programs  but  there  shall  be  no  change  in  corporate  status,  mem- 
bership, functions  and  powers  of  the  said  Manchester  housing  authority. 

Manchester  Airport  Authority 

448:158  Airport  Authority.  There  shall  be  within  the  department 
of  development  a  Manchester  airport  authority,  consisting  of  five  citizens 
of  Manchester  or  of  towns  contiguous  to  Manchester,  appointed  by  the 
mayor  with  the  approval  of  the  board  of  aldermen,  said  citizens  to  serve 
for  terms  of  five  years,  one  to  be  appointed  each  year. 


1963]  Chapter  448  839 

448:159  Terms.  The  members  of  the  Manchester  airport  authority 
in  office  at  the  time  of  the  adoption  of  this  charter  shall  continue  in  office 
until  the  normal  expiration  of  their  terms.  Thereafter  the  mayor  shall, 
with  the  approval  of  the  board  of  aldermen,  appoint  one  member  of  the 
Manchester  airport  authority  each  year, 

448:160  Qualifications.  At  least  three  members  of  the  Manchester 
airport  authority  shall  hold  currently  valid  airmen's  certificates  of  com- 
mercial rating  or  higher,  or  the  military  equivalent  of  the  same. 

448:161  Officers.  The  Manchester  airport  authority  shall  annually 
elect  one  of  its  members  as  chairman  and  one  of  its  members  as  clerk. 

448:162  Meetings.  Meetings  of  said  authority  shall  be  held  upon 
call  of  the  chairman  or  the  mayor,  on  such  dates  as  said  authority  shall 
desisrnate. 


*o' 


448:163  Duties.  The  Manchester  airport  authority  shall  have  full 
charge  and  supervision  of  all  municipal  fields.  They  shall  have  the  ex- 
penditures of  all  moneys  appropriated  by  the  board  of  mayor  and  alder- 
men for  this  department,  and  shall  have  authority  to  employ  such  persons 
as  may  be  necessary  to  carry  out  the  work  of  the  department  and  to  estab- 
lish such  rules  and  regulations  as  they  may  deem  proper  for  the  construc- 
tion, erection,  supervision  and  management  of  municipal  aviation  fields 
and  municipal  aviation  facilities,  including  any  industrial  park  developed 
or  existing  in  connection  with  said  aviation  fields  or  facilities. 

448:164  Airport  Manager.  The  Manchester  airport  authority,  with 
the  approval  of  the  mayor,  shall  appoint  an  airport  manager  who  shall 
be  the  administrative  and  operating  head  of  the  facilities  coming  under 
the  jurisdiction  of  the  Manchester  airport  authority.  He  shall  have  such 
duties  as  shall  be  given  to  him  by  the  Manchester  airport  authority. 

Part  11 

Fire  Department 

448:165  Chief  Engineer.  There  shall  be  a  fire  department,  the  head 
of  which  shall  be  known  as  the  chief  engineer  who  shall  be  appointed  by 
the  mayor,  and  confirmed  by  the  aldermen.  He  shall  have  and  exercise 
all  powers  and  duties  conferred  by  state  statute  upon  fire  wards,  fire  engi- 
neers, and  firemen  and  shall  have  such  further  powers  as  are  conferred 
upon  the  department  by  ordinance.  Subject  to  such  merit  rules  pertaining 
to  all  city  employees  as  may  be  enacted  pursuant  to  this  charter,  he  may 
employ  such  agents  and  assistants  as  may  be  needed  to  operate  the  depart- 
ment. 

448:166  Qualifications.  The  chief  engineer  of  the  fire  department 
shall  be  qualified  by  experience  and  education  in  the  field  of  fire  fighting. 
In  the  appointment  of  the  chief  engineer  of  the  fire  department,  first 


840  Chapter  448  [1963 

consideration  shall  be  given  to  those  who  are  members  of  the  fire  depart- 
ment at  the  time  the  appointment  is  made. 

Part  12 
Police  Department 
448:167  Organization.  The  police  department  of  Manchester  shall 
be  organized  in  accordance  with  the  provisions  of  chapter  148  of  the  Laws 
of  1913  enacting  a  board  of  police  commissioners  for  the  city  of  Man- 
chester and  all  acts  in  amendment  thereof  pertaining  to  the  police  depart- 
ment of  the  city  of  Manchester. 

Part  13 
Department  of  Public  Works 

448:168  Public  Works.  All  matters  pertaining  to  highways,  sewers, 
street  lights,  cemeteries,  public  parking  areas  (including  parking  meters), 
waste  collection  and  disposal,  engineering,  and  other  public  works  desig- 
nated as  such  by  ordinance  shall  be  administered  by  the  department  of 
public  works. 

448:169  Director.  The  head  of  the  department  shall  be  known  as 
the  director  of  public  works,  who  shall  be  qualified  by  education  or  ex- 
perience in  the  field  of  public  works.  He  shall  be  appointed  by  the  mayor, 
subject  to  the  approval  of  the  board  of  mayor  and  aldermen. 

448:170  Assistants,  The  director  of  public  works,  with  the  advice  of 
the  mayor,  and  subject  to  the  approval  of  the  board  of  aldermen,  shall 
appoint  assistants  to  administer  the  various  divisions  of  the  department, 
including  but  not  limited  to  the  following: 

(a)  A  superintendent  of  buildings,  who  shall  supervise  and  main- 
tain all  public  buildings,  including  schools,  and  who  shall  pass  on  appli- 
cations for  building  permits  and  administer  the  building  code  of  the  city. 
The  amount  to  be  spent  on  maintenance  of  school  buildings  shall  be 
determined  by  and  be  part  of  the  school  budget. 

(b)  A  superintendent  of  highways,  who  shall  supervise,  manage  and 
control  the  building,  repairing  and  maintenance  of  all  highways,  sewers, 
street  lights,  city  yards  and  public  parking  areas  (including  parking 
meters).  His  powers  over  city  highways  shall  include  control  of  all  en- 
cumbrances and  special  uses  of  said  highways  by  any  person,  firm  or 
corporation,  except  as  otherwise  provided  in  this  charter. 

(c)  A  superintendent  of  cemeteries,  who  shall  supervise  the  care, 
upkeep  and  maintenance  of  all  municipally  owned  cemeteries  and  cem- 
etery lots,  and  shall  be  empowered  to  enter  into  contracts  and  agreements 
for  the  sale  and  care  of  burial  lots  in  accordance  with  forms  to  be  ap- 
proved by  the  city  solicitor.  The  superintendent  of  cemeteries  shall  honor 
all  pre-existing  contractual  obligations  and  may  enforce  all  contractual 


1963]  Chapter  448  841 

rights  and  powers  accruing  to  the  board  of  cemetery  trustees  heretofore 
existing  in  the  city. 

(d)  A  board  of  examiners  of  plumbers,  who  shall  administer  the 
provisions  of  Revised  Statutes  Annotated  Chapter  330,  concerning  the 
licensing  of  plumbers.  All  members  of  the  board  shall  be  appointed  by 
the  mayor,  subject  to  confirmation  by  the  board  of  aldermen.  One  mem- 
ber shall  be  a  master  plumber  and  one  member  a  journeyman  plumber, 
both  of  whom  shall  be  appointed  for  terms  of  five  years,  and  both  of  whom 
shall  have  been  actually  engaged  and  licensed  as  such  in  the  state  of  New 
Hampshire  for  at  least  five  years  before  their  appointment.  The  third 
member  shall  be  the  plumbing  inspector,  whose  appointment  shall  be 
for  an  indefinite  period,  or  until  such  time  as  a  successor  is  named  and 
qualified. 

448:171  Funds.  All  funds  received  by  the  department  of  public 
works  or  any  subdivision  thereof,  including  the  receipts  from  parking 
meters,  shall  be  promptly  delivered  to  the  city  treasurer. 

448:172  Construction.  The  department  shall  have  charge  of  the 
construction,  reconstruction,  alteration,  repair,  maintenance,  operation 
and  ens^ineering:  relating^  to  the  several  functions  and  services  within  its 
jurisdiction.  Whenever  it  shall  appear  that  the  best  interests  of  the  city 
will  be  served  by  having  any  such  construction  or  maintenance  work  per- 
formed by  private  contractors,  the  director  may,  subject  to  the  provisions 
of  this  charter  relating  to  competitive  bidding,  let  out  such  work  to  public 
bids. 

448:173  Extensions.  No  streets  or  sewers  shall  be  extended  to  new 
areas  or  places  without  first  obtaining  approval  in  writing  of  the  planning 
board,  and  without  first  notifying  the  assessors  office  of  the  estimated 
cost  thereof  that  it  may  make  such  special  assessments  against  the  prop- 
erty to  be  benefited,  as  provided  elsewhere  in  this  charter.  The  decisions 
of  the  planning  board  shall  be  subject  to  an  appeal  by  any  aggrieved  party 
to  the  board  of  aldermen. 

Part  14 

Manchester  Water  Works 

448:174  Board  of  Water  Commissioners.  The  board  of  water  com- 
missioners presently  established  shall  continue  to  have  the  reponsibility 
for  the  operation  and  maintenance  of  the  Manchester  water  works.  The 
board  of  water  commissioners  shall  be  in  charge  of  all  property,  real  and 
personal,  owned  or  controlled  by  the  Manchester  water  works.  They  shall 
have  the  power  to  make  all  reasonable  regulations  necessary  for  the  effi- 
cient operation  of  the  water  system,  including  the  power  to  require  li- 
censes for  entry  into  and  out  of  the  system.  They  shall  honor  all  obliga- 
tions and  enforce  all  rights  and  powers  heretofore  accruing  to  the  Man- 
chester water  works  under  anv  contract  asrreement. 


842  Chapter  448  [1963 

448:175  Appointment.  The  board  of  water  commissioners  shall  con- 
sist of  six  members  appointed  for  terms  of  six  years  each,  one  member 
to  be  appointed  each  year  by  the  mayor,  subject  to  confirmation  by  the 
board  of  aldermen.  The  board  of  water  commissioners  shall  select  an- 
nually from  among  their  members  a  chairman  and  a  clerk.  The  mayor 
shall  be  an  ex  officio  member  of  the  board  of  water  commissioners. 

448:176.  Superintendent.  The  board  of  water  commissioners  shall 
appoint  a  superintendent  of  water  works.  The  superintendent  shall  con- 
trol such  rates,  fees  and  rents  as  may  be  fixed  by  the  board  of  water  com- 
missioners, and  shall  deliver  all  such  receipts  promptly  to  the  city  treasurer. 
He  and  his  agents  shall  have  the  power  to  enter  the  premises  of  all  water 
takers  to  determine  the  amount  of  water  used  and  may,  after  thirty  days' 
notice,  cut  off  water  for  nonpayment  of  any  water  charge  or  violation  of 
department  regulations. 

448:177  Coordination.  All  projects  of  the  water  department  involv- 
ing city  streets  and  highways  shall  be  coordinated  with  the  department  of 
public  works  prior  to  their  commencement. 

448:178  Salaries  of  Commissioners.  The  salaries  to  be  paid  to  the 
board  of  water  commissioners  shall  be  determined  by  the  board  of  alder- 
men. 


Part  15 
Parks  and  Recreation 

448:179  Department.  There  shall  be  a  department  of  parks  and 
recreation,  the  head  of  which  shall  be  the  director  of  recreation  appointed 
by  the  mayor,  subject  to  approval  of  the  board  of  aldermen. 

448:180  Duties.  The  department  and  the  director  shall  be  respon- 
sible for  the  care  and  management  of  all  parks  and  other  public  places 
designated  by  the  board  of  aldermen.  The  department  shall  also  have 
the  care  and  management  of  all  playgrounds  and  other  recreational  prop- 
erty and  equipment. 

448:181  Programs.  The  department  shall  conduct  recreational  pro- 
grams and  activities  within  the  amount  appropriated  therefor.  The  de- 
partment may  collect  such  fees  for  the  use  of  its  facilities  as  may  be  fixed 
by  the  director  of  parks  and  approved  by  the  finance  director.  All  such 
fees  shall  be  promptly  delivered  to  the  city  treasurer. 

448:182  Trees.  The  director  shall  also  have  charge  of  and  be  respon- 
sible for  all  trees  on  public  property  or  in  public  highways  and  shall  have 
all  powers  to  control,  regulate  and  remove  trees  and  other  growth  on  pri- 
vate property  where  necessary  for  the  protection  of  trees  on  public 
property. 


1963] 


Chapter  448  843 


Part  16 
Library  Trustees 

448:183  Trustees.  The  contract  of  the  city  of  Manchester  with  the 
Manchester  Atheneum  shall  remain  in  effect  and  is  hereby  adopted  as 
the  governing  charter  for  the  operation  of  the  city  library. 

448:184  Definitions.  The  term  "council"  or  "common  council"  as 
used  in  this  contract  shall  be  deemed  to  refer  to  the  board  of  aldermen 
under  this  charter. 

448:185    Contract.    The  provisions  of  said  contract  are  as  follows: 

(1)  The  said  city  shall  annually  appropriate  and  pay  to  the  trustees 
of  said  city  library  a  sum  not  less  than  one  thousand  dollars,  to  be  ex- 
pended in  the  purchase  and  binding  of  books  and  periodicals,  not  being 
newspapers;  shall  by  suitable  appropriation  provide  for  a  room,  lights, 
fuel,  and  other  contingencies  of  the  library  and  for  the  salary  of  a  li- 
brarian. 

(2)  The  control  of  said  library,  the  appointment  of  a  librarian  and 
the  entire  management  of  its  affairs  shall  be  vested  in  a  board  of  nine 
trustees  of  whom  the  mayor  and  the  president  of  the  common  council 
for  the  time  being  shall  each  be  one,  and  the  members  of  the  board  of 
control  of  said  atheneum  now  in  office  shall,  in  the  first  instance,  be  the 
remaining  trustees.  The  seven  trustees  last  described  shall  severally  hold 
their  offices  for  one,  two,  three,  four,  five,  six  and  seven  years,  from  the 
first  day  of  October  next,  and  shall  determine  by  lot  which  of  their  num- 
ber shall  hold  his  office  for  each  of  said  terms. 

(3)  Whenever  a  vacancy  shall  occur  by  the  expiration  of  either  of 
those  terms,  or  by  the  expiration  of  the  term  of  any  trustees  hereafter 
elected,  the  vacancy  shall  be  filled  by  joint  ballot  of  the  said  board  of 
trustees  and  of  the  aldermen  of  said  city,  at  a  meeting  called  in  the  month 
of  September,  and  each  member  so  elected  shall  hold  his  office  for  the 
term  of  seven  years  from  the  first  day  of  October  next  following  his  elec- 
tion. 

(4)  Any  vacancy  arising  from  any  other  cause  shall  be  filled  in  the 
same  manner,  but  only  for  the  residue  of  the  term  of  the  trustee  whose 
term  is  so  supplied,  and  no  longer. 

(5)  No  member  of  the  city  council  shall  be  eligible  as  a  trustee. 

(6)  The  board  of  trustees  shall  establish  such  regulations  as  they 
may  think  fit,  relating  to  the  use  of  books  of  the  library,  and  may  prose- 
cute in  the  name  and  at  the  expense  of  the  city,  any  person  who  shall 
take  away  or  injure  any  of  the  property  belonging  to  said  library,  or  who 
shall  violate  any  of  said  regulations. 

(7)  They  shall  annually  report  to  the  city  the  state  of  the  library, 
and  its  regulations,  and  render  an  account  of  the  expenditure  of  the  funds 
entrusted  to  their  disposal. 


844  Chapter  448  [1963 

(8)  All  members  of  the  Manchester  Atheneiim  who  are  not  resident 
of  the  city  of  Manchester  shall  have  the  same  right  to  use  the  city  library 
as  they  now  have  to  the  Atheneum  library. 

(9)  If  the  city  of  Manchester  shall  fail  to  perform  on  its  part  the 
foregoing  conditions,  or  any  of  them,  this  grant  and  transfer  shall  be  void, 
if  the  said  Atheneum  shall  so  elect,  at  any  time  within  one  year  after 
such  failure  occurs,  in  which  case  the  whole  of  said  library,  with  all  the 
additions  made  to  it  by  said  board  of  trustees,  shall  be  vested  in  and  be- 
come the  property  of  said  Atheneum. 

Part  17 

Personnel 

448:186  Division.  There  shall  be  in  the  finance  department  a  per- 
sonel  division,  the  head  of  which  shall  be  the  personnel  director  who 
shall  be  appointed  by  the  mayor,  with  approval  of  the  board  of  aldermen. 

448:187  Appointments.  Appointments  and  promotions  in  the  serv- 
ice of  the  city  shall  be  made  according  to  merit  and  fitness  in  the  manner 
provided  by  this  charter.  All  such  appointments  and  promotions  shall  be 
made  without  regard  to  race,  color,  creed  or  political  consideration. 

448:188  Classifications.  Following  the  adoption  of  this  charter,  the 
board  of  aldermen  may  adopt  ordinances  which  shall  include  but  not  be 
restricted  to  the  following  provisions: 

(a)  A  position  classification  plan  for  all  city  employees  excepting 
elected  officials,  heads  of  departments  and  agencies  appointed  by  the 
mayor  or  board  of  aldermen,  employees  of  the  school  committee  for  which 
state  certification  is  required,  professional  persons  engaged  on  a  fee  basis, 
and  such  temporary  unskilled  workers  employed  on  an  hourly  basis  as 
the  board  of  aldermen  may  determine.  Such  plan  shall  define  generally 
the  duties,  responsibilities  and  type  of  work  involved  for  each  class  of 
position;  the  skills  and  knowledge  necessary  for  such  position;  and  the 
minimum  qualifications  necessary  to  qualify  for  appointment  to  each 
position. 

(b)  A  pay  plan  for  all  city  employees  in  the  classification  plan.  Such 
plan  shall  state  the  salary  or  wage  for  each  position  established  by  the 
classification  plan;  and  define  the  method  for  granting  step  advancements 
in  pay  in  those  instances  where  a  minimum  and  maximum  pay  range  is 
established  for  a  position. 

(c)  The  board  of  aldermen  shall  establish  by  ordinance,  concurrent 
with  the  adoption  of  the  annual  appropriation  ordinance  and  consistent 
with  the  amounts  appropriated  therein  for  personal  services,  the  maxi- 
mum number  of  employees  that  may  be  employed  in  each  class  of  posi- 
tions by  each  office,  department  or  agency  of  the  city,  and  no  authority 
shall  exist  to  employ  a  greater  number  than  is  so  provided. 


1963] 


Chapter  448  845 


448:189  Assignments.  Upon  the  adoption  of  the  classification  plan, 
all  persons  employed  by  the  city,  subject  to  the  classification  plan,  shall 
be  assigned  to  the  appropriate  position  classification  by  the  personnel 
director  with  the  approval  of  the  personnel  board  hereinafter  provided. 

448:190  Board.  There  shall  be  a  personnel  board  consisting  of  three 
members  who  shall  be  appointed  by  the  mayor  with  the  approval  of  the 
board  of  aldermen  for  terms  of  six  years.  The  members  first  appointed 
shall  serve  for  terms  of  two,  four  and  six  years  respectively,  and  thereafter 
their  successors  shall  be  appointed  as  their  respective  terms  expire.  No 
person  shall  be  eligible  to  serve  thereon  for  more  than  one  term. 

448:191  Qualifications.  Each  member  appointed  to  said  board  shall 
be  a  person  of  good  repute  in  his  respective  business,  profession  or  trade, 
who  is  known  to  be  in  sympathy  with  the  merit  principle  as  applied  to 
public  employment.  No  member  shall  hold  or  be  a  candidate  for  any 
other  public  office  or  position  and  shall  not  become  a  member  of  said 
board  until  he  shall  resign  from  any  office  or  position  on  any  national, 
state  or  local  committee  of  a  political  party  or  any  partisan  political  organ- 
ization. 

448:192   Duties.    It  shall  be  the  duty  of  the  personnel  board: 

(a)  To  certify  that  persons  appointed  to  positions  in  the  classified 
service,  as  herein  defined,  actually  possess  the  qualifications  required  by 
the  classification  plan; 

(b)  To  recommend  pay  scales  and  to  perform  such  related  services 
as  the  board  of  aldermen  may  require; 

(c)  To  advise  and  assist  the  personnel  director  on  problems  con- 
cerning personnel  administration  and  the  improvement  of  personnel 
standards  in  the  municipal  service. 

448:193  Review.  Before  any  person  may  assume  the  duties  of  any 
employment  in  the  classification  plan,  the  personnel  board  shall  first 
review  the  qualifications  of  such  person  for  the  purpose  of  determining 
his  eligibility  under  the  classification  plan.  If  the  board  is  satisfied  that 
the  person  is  properly  qualified,  it  shall  so  notify  the  personnel  director 
who  forthwith  shall  approve  the  appointment  made  by  the  department 
head  or  other  appointing  authority.  If  the  board  is  satisfied  that  the  per- 
son does  not  possess  the  qualifications  required,  it  shall  notify  the  director 
and  the  appointment  shall  be  void  and  illegal.  It  shall  be  the  duty  of  the 
personnel  director  to  examine  all  payrolls  covering  classified  employees 
for  the  purpose  of  determining  that  all  persons  to  whom  payments  are  to 
be  made  are  properly  employed  and  have  been  approved  by  the  personnel 
board  as  to  eligibility  and  no  authority  shall  exist  to  certify  the  payroll 
or  to  make  any  payment  to  persons  not  properly  employed  as  herein 
provided. 


846  Chapter  448  [1963 

448:194  Compensation.  The  compensation  of  all  city  officials  whose 
pay  is  not  fixed  by  this  charter  and  is  not  to  be  under  the  merit  classifica- 
tion system  to  be  adopted  hereunder  shall  be  fixed  by  ordinance. 

448:195  Retirement.  Coincident  with  the  adoption  of  a  merit  class- 
ification for  all  city  employees,  the  board  of  aldermen,  within  the  limits 
permitted  by  existing  law,  may  prescribe  a  uniform  retirement  system 
for  such  employees. 

Part  18 

Public  Health 

448:196  Department.  There  shall  be  a  department  of  public  health, 
the  head  of  which  shall  be  the  director  of  health  appointed  by  the  mayor 
with  the  approval  of  the  board  of  aldermen.  The  director  shall  be  a  physi- 
cian licensed  by  the  state  to  practice  medicine,  and  trained  by  experience 
or  education  in  the  field  of  public  health  and  sanitation. 

448:197  Director.  The  director  of  health  shall  have  all  the  powers, 
privileges  and  immunities  possessed  by  health  officers  in  the  several  cities 
and  towns  of  the  state.  He  shall  investigate  all  complaints  made  concern- 
ing conditions  in  the  city  which  endanger  public  health  and  shall  prose- 
cute violations  of  the  laws  and  ordinances  relating  to  public  health. 

448:198  Sanitation.  The  department  of  health  shall  be  responsible 
for  public  sanitation  of  food  and  food  handlers  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  ordinance. 

448:199  Assistants.  Subject  to  such  merit  rules  pertaining  to  all  city 
employees  as  may  be  adopted,  the  director  of  health  may  employ  such 
agents  and  assistants  as  may  be  needed  to  carry  out  the  functions  of  the 
department.  The  director  and  his  assistants  shall  also  have  the  power  to 
make  arrests  in  the  counties  of  Hillsborough,  Rockingham  and  Merri- 
mack for  the  protection  of  the  Manchester  water  department  and  shall 
also  have  all  powers  and  duties  conferred  upon  health  officers  by  the  state 
statutes. 

Part  19 

Public  Welfare 

448:200  Department.  The  head  of  the  department  of  public  welfare 
shall  be  the  director  of  public  welfare  elected  at  the  biennial  municipal 
election.  He  shall  have  all  the  powers  and  duties  conferred  upon  overseers 
of  the  poor  by  the  state  laws  and  shall  administer  and  direct  all  public 
welfare  programs  created  by  statute  or  ordinance.  The  director  may 
employ  all  necessary  agents  and  assistants. 

448:201  Bond.  The  director  shall  give  bond  in  the  amount  of  ten 
thousand  dollars  with  a  duly  licensed  insurance  company  as  surety,  the 
cost  of  the  bond  to  be  paid  by  the  city. 


1963]  Chapter  448  847 

448:202  Assistant  Recipients.  The  names  of  persons  receiving  public 
assistance  shall  not  be  published,  but  the  director  shall  keep  such  books 
of  accounts  as  may  be  required  by  the  finance  department. 

448:203  Pensions.  Until  changed  by  ordinance,  all  special  statutes 
pertaining  to  pensions  for  office  of  commissioner  of  charities  shall  remain 
in  full  force  and  effect  and  apply  to  the  director  of  public  welfare. 

Part  20 
Sealer  of  Weights  and  Measures 

448:204  Sealer.  There  shall  be  a  sealer  of  weights  and  measures  ap- 
pointed by  the  mayor  subject  to  confirmation  by  the  board  of  aldermen. 
He  shall  have  all  the  powers  and  duties  conferred  upon  the  office  by  statute. 

448:205  Standards.  The  standards  for  the  conduct  of  his  office  shall 
be  those  adopted  by  state  law. 

Part  21 
Board  of  Registrars 

448:206  Registrars.  The  mayor,  subject  to  confirmation  of  the  board 
of  aldermen,  shall  appoint  three  voters  of  Manchester,  who  shall  have 
been  residents  therein  at  least  five  years  immediately  preceding  the  date 
of  their  appointment,  who  shall  constitute  a  board  of  registrars  of  voters. 
No  more  than  two  members  of  the  board  shall  be  members  of  the  same 
political  party.  The  Registrars  in  office  at  the  time  the  charter  takes  effect 
shall  continue  in  office  until  their  terms  under  prior  law  would  normally 
expire.  Annually  in  the  month  of  April  thereafter  one  registrar  shall  be 
appointed  for  a  term  of  three  years  begining  with  the  first  day  of  May 
next  ensuing.  The  board  of  registrars  shall  annually  in  the  month  of  May, 
before  transacting  any  other  business,  elect  one  of  its  members  as  chair- 
man and  one  as  clerk,  who  shall  perform  all  the  duties  required  by  said 
board. 

448:207  Political  Affiliation.  If  upon  written  complaint  to  the  mayor 
it  shall  appear,  after  notice  and  hearing,  that  a  registrar  of  voters  has 
ceased  to  be  a  member  of  the  political  party  which  he  was  appointed  to 
represent,  the  mayor  shall  remove  him  from  office  and  appoint  another 
in  his  stead  with  the  approval  of  the  board  of  aldermen. 

448:208  Compensation.  The  registrars  shall  receive  such  compen- 
sation for  their  services  as  the  board  of  aldermen  may  determine. 

448:209  Prohibition.  No  person  shall  be  appointed  a  registrar  who 
holds  any  other  political  office,  appointive  or  elective. 

448:210  Sessions.  The  registrars  shall  be  in  session  for  the  correction 
of  the  checklist,  at  some  suitable  place  in  the  city,  during  two  days  at 


848  Chapter  448  [1963 

least  before  the  day  of  election.  The  last  session  shall  be  the  Saturday  ten 
days  prior  to  the  election.  The  first  session  shall  be  upon  the  third  Tues- 
day next  preceding  the  day  of  the  election. 

448:211  Applications.  Any  registrar  or  deputy  registrar  may,  on 
the  days  during  the  hours  designated  for  registration  purposes  or  during 
the  regular  office  hours  receive  applications  for  registration  and  examine 
applicants  and  witnesses  under  oath;  but  all  doings  of  one  registrar  or 
deputy  must  be  accepted  by  the  board. 

448:212  Corrections.  The  registrars  shall  cause  no  additions  or  cor- 
rections to  be  made  on  the  checklists  after  midnight  ten  days  prior  to 
election  day,  except  it  clearly  appears  that  the  name  of  a  person  has 
been  omitted  from  the  checklist  by  error,  or  that  his  party  designation 
has  been  incorrectly  designated  by  error. 

448:213  Posting  Checklists.  The  registrars  shall  post  two  complete 
alphabetical  checklists  containing  the  names  and  addresses  of  legal  votes 
of  said  ward  in  each  ward  in  the  city  not  later  than  thirty  days  prior  to 
the  date  on  which  state  or  municipal,  biennial  or  annual  elections  are 
held  or  any  other  election  at  which  such  checklists  are  to  be  used. 

448:214  Records.  The  registrars  shall  keep  records  of  all  persons 
qualified  to  vote  in  the  city  in  sufficient  detail  to  identify  the  voters  and 
their  rights  to  vote. 

448:215  Register.  The  registrars  shall,  as  of  the  first  day  of  May, 
prepare  an  annual  register  containing,  in  alphabetical  order,  the  names 
and  addresses  of  all  qualified  voters  in  the  city.  They  shall  make  all  in- 
quiries and  investigations  necessary  to  identify  such  persons,  and  they 
shall  not  enter  in  the  annual  register  the  name  of  a  person  objected  to 
by  any  registrar  until  such  persons  has  been  duly  notified  and  given  an 
opportunity  to  be  heard. 

448:216  Subsequent  Registration.  Every  person  whose  name  has 
not  been  entered  in  the  annual  register  in  accordance  with  the  preceding 
section  must,  in  order  to  be  registered  as  a  voter,  apply  in  person  for  reg- 
istration and  prove  by  satisfactory  evidence  that  he  or  she  is  qualified  to 
vote. 

448:217  Penalty.  Any  person  who  attempts  fraudulently  to  have  his 
name  entered  on  the  general  register  shall  be  liable  to  a  fine  not  exceed- 
ing fifty  dollars  for  each  such  attempt. 

448:218  Of  Age.  If  upon  examination  the  registrars  are  satisfied 
that  an  applicant  for  registration  has  all  the  qualifications  of  a  voter 
except  that  of  age,  and  that  he  will  on  or  before  the  days  of  the  next  elec- 
tion attain  full  age,  they  shall  place  his  name  upon  the  register, 

448:219  Complaints.  If  a  registered  vote  complains  to  the  regis- 
trars in  writing  under  oath,  fourteen  days  at  least  before  an  election,  that 


1963]  Chapter  448  849 

the  complainant  believes  that  a  person  has  been  improperly  registered, 
and  sets  forth  the  reasons  for  such  belief,  the  registrars  shall  examine  into 
such  complaint.  If  satisfied  there  is  sufficient  ground  for  complaint,  the 
registrars,  after  proper  notice  and  opportunity  for  all  persons  concerned 
to  be  heard,  shall  rule  on  said  complaint.  The  board  shall  have  power  to 
subpoena  witnesses  at  public  expense  and  to  administer  oaths.  The  person 
against  whom  such  complaint  is  made  shall  have  a  right  to  a  public  hear- 
ing upon  demand. 

448:220  Open  to  Inspection.  All  records  of  the  board  of  registrars 
shall  be  open  to  public  inspection. 

448:221  Voting  Lists.  Registrars  shall,  from  the  names,  entered  in 
the  annual  register  of  voters,  prepare  voting  lists  by  wards  for  use  at  elec- 
tions and  seaonably  deliver  them  to  the  ward  election  officials  and  the 
ward  committee  chairmen. 

448:222  Certificates.  The  registrars  shall,  on  the  day  of  an  election, 
give  to  a  voter  whose  name  has  been  omitted  from  the  voting  list  by  error, 
or  whose  party  designation  has  been  incorrectly  designated  by  error,  a 
certificate  of  registration  authorizing  him  to  vote.  On  presentation  thereof 
to  the  presiding  election  officer  of  the  ward  in  which  the  voter  was  reg- 
istered, he  shall  be  allowed  to  vote,  and  his  name  shall  be  checked  on  the 
certificate,  which  shall  be  attached  to  and  considered  part  of  the  voting 
list  and  returned  and  preserved  therewith. 

448:223  Number  of  Voters.  The  registrars  shall,  after  the  last  day 
for  registration  for  a  city  or  state  election,  certify  to  the  city  clerk  the 
number  of  registered  voters  in  the  city  and  in  each  ward  therein. 

448:224  Deputy.  The  board  of  registrars  of  the  city  of  Manchester 
is  hereby  empowered  to  appoint  from  time  to  time  as  a  deputy  an  em- 
ployee in  the  office  of  the  board  of  registrars,  who  may  execute  any  instru- 
ment required  by  law  to  be  signed  by  a  member  of  the  board  of  regis- 
trars, and  in  the  absence  or  disability  of  a  member  of  the  board  of  regis- 
trars shall  perform  all  his  duties.  Such  deputy  registrar  shall  hold  office 
during  the  pleasure  of  the  board  of  registrars. 

Part  22 

Elections 

448:225  Biennial  Election.  The  municipal  election  of  said  city  for 
the  choice  of  city  and  ward  officers  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November  1963  and  biennially  thereafter,  and  all 
such  officers  who  are  chosen  by  the  people  shall  hold  their  respective 
offices  for  two  years  from  the  first  Tuesday  of  January  next  following,  and 
until  others  are  chosen  and  qualified  in  their  stead. 

448:226  Offices  to  be  Filled.  The  officers  to  be  elected  at  said  bien- 
nial municipal  election  shall  be  mayor,  ward  aldermen,  school  committee- 
men and  ward  selectmen. 


850  Chapter  448  [1963 

448:227  Australian  Ballot.  At  the  biennial  municipal  election,  all 
city  and  ward  officers,  except  members  of  the  school  committee,  shall  be 
chosen  by  Australian  ballot. 

448:228  Application  of  Laws.  The  provisions  of  RSA  chapter  59 
relative  to  the  manner  of  voting,  counting  and  preparation  of  ballots, 
polling  places,  ballot  boxes,  time  for  opening  and  closing  and  penalties 
for  violation  of  the  election  laws  insofar  as  consistent  herewith  shall 
apply  at  the  biennial  municipal  election  provided  in  section  225  hereof. 

448:229  School  Committee  Members.  Members  of  the  school  com- 
mittee from  each  ward  shall  be  elected  at  the  biennial  municipal  election 
by  non-partisan  ballot  in  accordance  with  Laws  19511,  chapter  336  as  here- 
inafter provided. 

448:230  City  Clerk.  The  city  clerk  shall  prepare  ballots  for  use  at 
the  biennial  municipal  election.  The  left  side  of  said  ballots  shall  be  for 
the  election  of  city  and  ward  officers,  except  school  committee  members, 
as  provided  in  sections  225,  227  and  228  hereof.  The  right  side  of  said 
ballots  shall  be  for  the  election  of  school  committee  members  as  provided 
in  section  229  hereof. 

448:231  Municipal  Primary.  A  primary  conducted  by  the  regular 
election  officers  shall  be  held  at  the  regular  polling  places  in  each  ward 
in  the  city  of  Manchester  on  the  second  Tuesday  of  October,  1963,  and 
biennially  thereafter,  for  the  nomination  of  all  candidates  to  be  voted 
for  at  the  biennial  municipal  election  held  in  November,  except  members 
of  the  school  committee. 

448:232  City  Clerk.  It  shall  be  the  duty  of  the  city  clerk  to  prepare 
all  forms  necessary  in  connection  with  the  primary  including  the  ballots 
therefor. 

448:233  Posting  Notices.  Each  ward  clerk  shall,  twenty-one  days 
prior  to  such  primary,  cause  notice  of  such  primary  to  be  posted  in  three 
public  places  in  his  ward. 

448:234  Declarations  of  Candidacy.  The  name  of  a  candidate  shall 
not  be  printed  upon  an  official  primary  ballot  unless  not  more  than 
twenty-one  nor  less  than  fourteen  days  prior  to  such  primary  a  declara- 
tion of  candidacy  shall  have  been  filed  and  the  filing  fee  shall  have  been 
paid,  or  the  required  number  of  primary  petitions  shall  have  been  filed 
with  the  city  clerk. 

448:235  Forms.  Declarations  of  candidacy  and  primary  petitions 
for  said  primary  shall  be  in  forms  as  provided  by  sections  12,  15  and  16 
of  RSA,  chapter  56. 

448:236  Filing  Fees.  At  the  time  of  filing  declarations  of  candidacy 
each  candidate  shall  pay  to  the  city  clerk,  for  the  use  of  the  city,  the  fol- 


1963]  Chapter  448  851 

lowing  fees:  For  mayor,  fifty  dollars;  for  aldermen,  ten  dollars;  and  for 
ward  selectmen,  two  dollars. 

448:237  Number  of  Petitions.  The  number  of  petitions  to  be  filed 
for  each  office  shall  be  as  follows:  For  mayor,  fifty;  for  aldermen,  twenty- 
five  and  for  ward  selectmen,  ten. 

448:238  Application  of  Laws.  The  provisions  of  sections  17  to  55 
of  RSA,  chapter  56,  relative  to  primary  petitions,  official  ballots,  check- 
lists, voting,  returns  and  vacancies,  shall  apply  to  the  Manchester  pri- 
mary so  far  as  applicable  hereto  and  not  inconsistent  with  the  provisions 
hereof. 

448:239  Political  Parties.  Political  parties  which  may  be  represented 
at  said  primary  shall  only  be  such  party  which  at  the  biennial  election 
next  preceding  the  primary  election  polled  at  least  three  per  cent  of  the 
entire  vote  of  the  state  given  in  for  governor. 

448:240  Recounts.  If  any  person  who  is  voted  for  at  the  biennial 
municipal  election  or  on  the  ballot  of  any  party  at  the  primary  is  not, 
according  to  the  count  first  made  by  the  officials,  elected  to  said  office  or 
chosen  as  the  candidate  for  such  party  he  may  apply  to  the  city  clerk  for 
a  recount  of  the  votes  cast,  if  application  is  made  within  three  days  after 
said  election  or  primary.  Such  application  must  be  accompanied  by  a  fee 
of  twenty-five  dollars  in  the  case  of  any  city  officer  or  by  a  fee  of  five  dollars 
in  the  case  of  any  ward  officer. 

448:241  Board  of  Recount.  There  shall  be  a  board  of  recount  of 
three  members  consisting  of  one  member  of  the  board  of  aldermen,  des- 
ignated by  the  mayor,  and  two  other  members,  one  from  each  major 
political  party,  not  members  of  the  board  of  aldermen,  elected  by  the 
board  of  mayor  and  aldermen.  The  term  of  office  of  said  member  of  the 
board  of  recount  shall  be  two  years. 

448:242  Notice.  The  board  of  recount  shall  fix  a  time  for  such 
recount  not  earlier  than  three  days  after  the  receipt  of  the  application 
and  shall  notify  the  opposing  candidates  thereof,  and  as  soon  after  the 
expiration  of  said  three  days  as  circumstances  will  permit,  such  recount 
shall  be  held  and  conducted  as  recounts  of  votes  cast  at  elections  are. 

448:243  Counting.  Upon  the  date  set  for  the  recount  the  ballots 
shall  be  counted  by  the  board  of  recount.  The  various  candidates,  and 
their  counsel,  shall  have  the  right  to  inspect  the  ballots  and  participate 
in  such  recount  under  such  suitable  rules  as  the  board  may  adopt.  The 
board  of  recount  shall  not  be  entitled  to  compensation  for  their  duties  as 
such  board, 

448:244  Declaration.  If  a  recount  shall  show  that  some  other  person 
than  the  one  declared  elected  or  nominated  has  the  greatest  number  of 
votes  cast  at  such  biennial  municipal  election  or  primary,  such  person 


852  Chapter  448  [1963 

shall  be  declared  elected  or  nominated  by  the  board  of  recount  instead 
of  the  person  so  first  declared.  If  the  recount  shall  show  that  the  person 
who  applied  for  the  recount  was  elected  or  was  chosen  as  the  candidate 
of  his  party  the  city  clerk  shall,  within  ten  days  after  such  recount,  return 
to  him  the  fee  paid  at  the  time  of  filing  the  application  for  the  recount. 
Nothing  herein  shall  be  construed  as  affecting  the  right  of  any  person  to 
appeal  to  the  court  in  any  matter  relative  to  said  election. 

448:245  Absentee  Voting.  Any  legal  voter  of  said  city  who  is  absent 
from  said  city  on  the  day  of  the  meeting  for  the  election  of  city  and  ward 
officers,  held  in  November  biennially,  or  who,  by  reason  of  physical  dis- 
ability, is  unable  to  vote  in  person  at  said  meeting,  may  vote  at  said 
election  by  so-called  absentee  ballot.  The  provisions  of  RSA  chapter  60, 
so  far  as  applicable  hereto  and  not  inconsistent  herewith,  shall  apply  to 
such  absent  voting  in  said  city,  provided  that  the  city  clerk  shall  prepare 
the  forms  and  the  ballots  for  such  voting  and  said  clerk  shall  also  prepare 
the  instructions  required  in  section  14  of  said  chapter  60. 

448:246  Salaries.  The  compensation  of  election  officials  shall  be 
fixed  by  the  board  of  aldermen. 

Part  23 

Miscellaneous 

448:247  Transfer  of  Functions.  Any  administrative  function  of 
municipal  government  not  specifically  enumerated  herein  shall  be  per- 
formed by  such  appropriate  department  under  the  direction  of  the  mayor 
as  the  board  of  aldermen  may  designate  under  the  provisions  of  this 
charter. 

448:248  Ordinances.  All  existing  ordinances,  resolutions  and  other 
acts  of  the  board  of  aldermen  which  are  not  inconsistent  herewith  shall 
remain  in  effect  until  amended  or  repealed  by  the  board  of  aldermen. 
If  any  ordinance  which  repealed  a  previous  ordinance  is  itself  repealed, 
the  previous  ordinance  shall  not  thereby  be  revived. 

448:249  Rights  Retained.  The  adoption  of  this  charter  shall  not 
be  regarded  as  impairing  any  right  vested  in  or  discharging  any  liability 
incurred  by  the  city  at  the  time  of  its  adoption. 

448:250  Pending  Actions.  All  pending  actions  and  proceedings 
shall  continue  and  the  appropriate  officer  of  the  city  under  the  charter 
shall  be  substituted  for  the  officer  previously  named  therein. 

448:251  Continuation.  Any  office,  department  or  agency  to  which 
are  assigned  the  powers,  duties  or  functions  of  a  previously  existing  office, 
department  or  agency,  shall  be  deemed  to  constitute  a  continuation  there- 
of as  to  matters  within  its  jurisdiction  for  the  purpose  of  succession  to 
its  powers,  duties,  rights  and  obligations. 


1963]  Chapter  448  853 

448:252  Legislative  Powers.  All  legislative  powers  heretofore  vested 
in  the  city  or  in  any  department  or  agency  thereof  shall  be  exercised  by 
the  board  of  aldermen,  except  as  otherwise  provided  by  this  charter. 

448:253  Specific  Provisions.  To  the  extent  that  any  specific  provi- 
sion contained  in  this  charter  conflicts  with  any  provision  expressed  in 
general  terms,  the  specific  provisions  shall  prevail. 

448:254  Oaths.  Before  taking  office  all  appointed  officials  shall  be 
duly  sworn  to  the  faithful  discharge  of  their  duties  and  shall  give  a  reason- 
able bond  with  sureties  satisfactory  to  the  finance  director. 

448:255  Prior  Service.  Whenever  limitations  to  terms  of  office  are 
stated  in  this  charter,  periods  of  service  under  prior  law  or  charter  shall 
be  counted  for  the  purpose  of  determining  the  eligibility  for  appoint- 
ment to  the  position  or  for  any  other  matter  for  which  service  is  pertinent. 

448:256  Terms  of  Office.  Membership  on  any  board,  whether  for  a 
full  term  as  provided  in  the  charter,  or  for  an  interim  term  to  fill  a  va- 
cancy to  the  expiration  of  the  unexpired  term,  is  construed  as  a  term,  for 
purposes  where  service  is  limited. 

448:257  Amendments.  This  charter  may  be  amended  at  any  time 
or  a  new  charter  adopted  in  the  manner  provided  by  law. 

448:258  Records  Open  to  Inspection.  All  records  and  accounts  of 
every  department  and  agency  of  the  city  shall  be  open  to  inspection  by 
any  citizen  at  all  reasonable  times  and  under  reasonable  regulations  estab- 
lished by  the  mayor,  except  birth  records  and  such  records  and  documents 
the  disclosure  of  which  would  tend  to  defeat  the  lawful  purpose  which 
they  are  intended  to  accomplish  and  except  such  records  as  are  required 
by  state  law  to  be  kept  confidential. 

448:259  Prohibition.  No  publicly  elected  official  of  the  city,  who 
as  such  official  is  authorized  to  appropriate  or  expend  public  funds  shall 
be  employed  during  the  term  for  which  he  is  elected  by  any  department, 
board  or  agency  of  the  city  in  any  other  than  his  elected  capacity,  or  in 
any  other  position  of  employment  where  compensation  is  allowed.  Upon 
the  acceptance  of  any  such  prohibited  employment  by  a  publicly  elected 
official,  his  elective  office  shall  forthwith  become  vacant  and  shall  be 
filled  as  other^vise  provided  in  this  charter.  The  provisions  of  this  section 
shall  not  prohibit  a  publicly  elected  official  from  holding  the  position  of 
auxiliary  policeman  or  ward  official  concerned  with  the  conduct  of  elec- 
tions. 

448:260  Constitutionality.  If  any  provision  of  this  charter  shall  be 
held  to  be  invalid  or  ineffective,  such  decision  shall  not  affect  the  validity, 
force  or  effect  of  any  other  provision. 

448:261  Declaration.  It  is  the  intent  of  this  act  that  all  powers  of 
local  self-government  be  liberally  construed  in  favor  of  the  city. 


854  Chapter  448  [1963 

448:262  First  Election  under  New  Charter.  In  the  event  that  this 
charter  shall  be  adopted  by  the  voters  of  Manchester  pursuant  to  section 
272  of  this  act,  the  officers  elected  under  the  provisions  of  the  present 
charter  and  laws  pertaining  to  elections  in  the  city  of  Manchester  shall 
take  office  in  January,  1964  as  officers  under  this  charter. 

448:263  Appointments.  The  board  of  aldermen  upon  taking  office 
shall  appoint  by  resolution  the  several  officers  of  the  city  whose  appoint- 
ments are  required  to  be  made  by  the  board  of  aldermen. 

448:264  Continuation  of  Office.  All  other  personnel  and  employees 
of  the  city  shall  continue  to  perform  their  duties  until  reappointed  or 
until  successors  to  their  respective  duties  are  appointed  in  the  manner 
provided  by  this  charter. 

448:265  Change  of  Boards.  All  boards,  commissions  and  commit- 
tees are  abolished  upon  the  taking  effect  of  this  charter,  unless  otherwise 
provided  in  this  charter.  Any  boards,  commissions  or  committees  hereby 
created  shall  be  appointed  or  constituted  in  the  manner  provided  therefor. 

448:266  Transfer  of  Powers.  All  powers  and  duties  previously  vested 
in  any  boards  and  commissions  which  are  abolished  by  this  charter  shall 
be  transferred  at  the  time  this  charter  takes  effect  to  the  appropriate  di- 
rectors of  the  departments  hereinbefore  established,  unless  said  powers 
and  duties  are  specifically  repealed  or  are  inconsistent  with  the  provisions 
hereof. 

448:267  Taxes.  All  taxes  levied  by  the  city  prior  to  the  effective 
date  hereof  which  have  not  been  collected  shall  be  collected,  with  any 
penalties  thereon,  by  the  city  government  hereby  established. 

448:268  Adoption  of  Ordinances.  The  board  of  aldermen  shall 
proceed  to  adopt,  as  promptly  as  possible,  any  ordinances  which  may  be 
necessary  to  implement  the  provisions  of  this  charter. 

448:269  Appropriations.  The  board  of  aldermen  shall  have  au- 
thority to  make  such  changes  and  transfers  in  existing  appropriations  as 
may  be  required  for  the  proper  and  orderly  operation  of  the  city  under 
this  charter. 

448:270  Fees.  All  fees  paid  to  any  official  of  the  city  on  account  of 
his  services  rendered  to  any  party  by  said  official  in  the  course  of  his  office 
duties  and  which  are  so  paid  by  virtue  of  any  law  of  the  state  shall  be  by 
said  officer  receiving  them  paid  into  the  city  treasury,  and  all  such  officials 
shall  receive  in  lieu  thereof  and  in  full  payment  for  all  services  rendered 
by  him  in  his  office  such  salary  as  may  be  fixed  by  ordinance  hereunder. 

448:271  Statutes:  Repeal.  When  this  charter  shall  have  been  adopted 
as  provided  hereinafter  and  officers  elected  and  qualified  thereunder  and 
as  herein  otherwise  provided  the  following  acts  and  parts  of  acts  shall  be 
and  hereby  are  repealed: 


1963] 


Chapter  448  855 


I.  Chapter  384  of  the  Laws  of  1846,  as  amended  by  chapter  2250, 
Laws  of  1859,  chapters  17i8,  198  and  205,  Laws  of  il897,  except  for  that 
part  of  said  chapter  384  which  described  the  wards  of  the  city  of  Man- 
chester, as  amended  by  chapter  163,  Laws  of  1878,  chapter  196,  Laws  of 
1895,  chapter  190,  Laws  of  1899,  chapter  243,  Laws  of  1891  and  chapter 

279,  Laws  of  1941. 

n.  The  following  acts  relative  to  retirement  and  pension  systems 
shall  be  repealed  whenever  the  board  of  aldermen  shall  have  provided  by 
ordinance  retirement  benefits:  Chapter  277,  Laws  of  1921  as  amended  by 
chapter  244,  Laws  of  1945;  chapter  225,  Laws  of  1923,  as  amended  by 
chapter  308,  Laws  of  1951;  chapter  400,  Laws  of  1949;  chapter  288,  Laws 
of  1911;  chapter  224,  Laws  of  1923,  section  3,  chapter  291,  Laws  of  1909, 
as  amended  by  section  1,  chapter  413,  Laws  of  1913,  section  1,  chapter 

280,  Laws  of  1919,  and  chapter  317,  Laws  of  1951;  chapter  374,  Laws 
of  1959. 

III.  The  following  acts  relative  to  hours  of  work,  and  sick  leave 
shall  be  repealed  whenever  the  board  of  aldermen  shall  have  provided 
by  ordinance  for  hours  of  work  and  sick  leave,  provided,  however,  that 
such  ordinance  shall  not  increase  the  hours  of  work  or  decrease  the  sick 
leave  benefits  provided  by  said  statutes:  Section  1,  chapter  352,  Laws  of 
1917,  as  amended  by  chapter  290,  Laws  of  1943  and  chapter  299,  Laws  of 
1951;  chapter  291,  Laws  of  1943;  chapter  330,  Laws  of  1917,  as  amended 
by  chapter  269,  Laws  of  1945,  and  chapter  310,  Laws  of  1951. 

IV.  Chapter  205,  Laws  of  1897;  chapter  305,  Laws  of  1935;  chapter 
337,  Laws  of  1913,  as  amended  by  chapter  3^16,  Laws  of  1951;  section  1, 
chapter  323,  Laws  of  1909,  as  amended  by  chapter  270,  Laws  of  1931. 

V.  Chapters  202  and  273,  Laws  of  1921,  as  amended  by  chapter 
411,  Laws  of  1949;  chapter  303,  Laws  of  1887;  chapter  165,  Laws  of  1885; 
chapter  287,  Laws  of  1889;  chapter  213,  Laws  of  1927;  chapter  244,  Laws 
of  1927,  as  amended  by  chapter  383,  Laws  of  1959;  chapter  302,  Laws  of 
11915;  chapter  249,  Laws  of  1915;  chapter  348,  Laws  of  1917;  chapter  226, 
Laws  of  1921;  chapter  347,  Laws  of  1911;  chapter  363,  Laws  of  1913; 
chapter  420,  Laws  of  1959. 

VI.  The  following  acts  relative  to  salaries  and  compensation  of 
certain  city  officials  shall  be  repealed  whenever  the  board  of  aldermen 
shall  have  provided  by  ordinance  for  such  salaries  and  compensation; 
Section  1,  chapter  233,  Laws  of  1883  as  amended  by  chapter  203,  Laws  of 
1907,  chapter  280,  Laws  of  1945;  and  chapter  437  and  such  part  of  section 
17,  chapter  502,  Revised  Statutes  Annotated,  as  amended  by  chapter  17, 
Laws  of  1957,  as  refers  to  the  salary  of  the  clerk  of  the  municipal  court 
of  Manchester.  Section  1,  chapter  220,  Laws  of  190'1,  as  amended  by 
section  1,  chapter  333,  Laws  of  1917,  section  1,  chapter  352,  Laws  of  1947 
and  chapter  437,  Laws  of  1957;  section  1,  chapter  323,  Laws  of  1909,  as 
amended  by  chapter  270,  Laws  of  1931  and  chapter  437,  Laws  of  1957; 
chapter  17,  Laws  of  1957. 


856  Chapter  448  [1963 

VII.  Chapter  327,  Laws  of  1915;  chapter  366,  Laws  of  1917;  chapter 
252,  Laws  of  1919,  chapter  423,  Laws  of  1949;  chapter  330,  Laws  of  1917. 

VIII.  Chapter  226,  Laws  of  1921  and  chapter  434,  Laws  of  1957. 
The  term  of  office  of  the  members  of  the  finance  commission  of  the  city 
of  Manchester  shall  terminate  as  of  the  date  of  the  establishment  of  the 
finance  department  under  this  charter. 

IX.  Chapter  335,  Laws  of  1951;  chapter  356,  Laws  of  1953. 

X.  Application.  Until  changed  by  ordinance,  all  statutes  and  special 
acts  pertaining  to  hours  of  work,  wages,  vacations,  leaves  of  absence,  and 
pensions  of  municipal  employees  shall  remain  in  full  force  and  effect. 
Any  such  changes  made  shall  recognize  the  vested  rights  of  employees 
under  applicable  state  retirement  systems. 

Part  24 

Referendum  and  Adoption  of  Charter 

448:272  Referendum.  This  charter  shall  not  take  effect  unless  it  is 
adopted  by  a  majority  vote  at  the  regular  municipal  election  held  in  the 
city  of  Manchester  on  November  8,  1963,  as  hereinafter  provided.  The 
city  clerk  then  in  office  shall  cause  to  be  placed  at  the  bottom  of  the  regu- 
lar election  ballot  for  city  officers  the  following  question:  "Shall  the  provi- 
sions of  an  act  entitled  'An  Act  establishing  a  charter  for  the  city  of 
Manchester,'  passed  at  the  1963  session  of  the  legislature,  be  adopted?" 
Beneath  this  question  shall  be  printed  the  word  "Yes"  and  the  word  "No" 
with  a  square  immediately  opposite  each  word,  in  which  the  voter  may 
indicate  his  choice.  The  referendum  relative  to  the  adoption  of  this 
charter  shall  be  conducted  in  every  way,  except  as  otherwise  herein  pro- 
vided, in  the  same  manner  as  the  election  of  candidates  for  offices  under 
the  present  charter.  If  a  majority  of  those  voting  on  this  question  at  said 
election  vote  in  the  affirmative  on  this  question,  this  act  shall  be  declared 
to  have  been  adopted. 

448:273    Takes  Effect.    Sections  262  and  272  of  this  act  shall  take 
effect  upon  its  passage,  and  if  the  act  shall  be  adopted  at  the  election  of 
November  8,  1963  the  remainder  of  this  act  shall  take  effect  on  the  first 
Tuesday  of  January,  1964. 
[Approved  July  3,  1963.] 
[Effective  date: 

Sections.  262  and  272  of  this  act  effective 

July  3,  1963; 

remaining  provisions  of  this  act  effective 

on  the  first  Tuesday  of  January,  1964,  if 

the  act  is  adopted  at  election  of  November 

8,  1963.] 


1963]  Chapter  449  857 

CHAPTER  449. 

AN  ACT  RELATIVE  TO  RELOCATION  OF  ROAD  IN  RYE. 

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

449:1  Town  of  Rye.  If  and  when  any  part  of  Route  1-A  in  the  Town 
of  Rye  shall  be  relocated  away  from  the  shore  any  bypassed  sections  there- 
of lying  on  the  shore  side  of  said  relocation  shall  become  Class  III  high- 
ways. 

449:2  Takes  Effect.   This  act  shall  take  effect  upon  its  passage. 
[Approved  July  3,  1963.] 
[Effective  July  3,  1963.] 


CHAPTER  450. 

AN  ACT  RELATIVE  TO  EARLY  LAND  ACQUISITION  BY  NASHUA  HOUSING 

AUTHORITY. 

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

450:1  Early  Land  Acquisition.  Notwithstanding  any  contrary  pro- 
vision of  chapter  205,  as  amended,  the  Nashua  Housing  Authority  may, 
with  the  consent  of  the  city  of  Nashua,  acting  by  the  mayor  with  the 
authorization  of  the  board  of  aldermen,  and  after  a  temporary  loan  con- 
tract for  the  purpose  has  been  executed  under  the  federal  housing  act  of 
1949,  as  amended,  take,  by  eminent  domain  as  set  forth  in  RSA  chapter 
203:12,  or  acquire  by  purchase,  lease,  gift,  bequest  or  grant,  and  hold, 
clear,  repair,  operate,  and  after  having  taken  or  acquired  the  same,  dis- 
pose of,  land  constituting  the  whole  or  any  part  or  parts  of  any  area  which, 
after  a  public  hearing  of  which  at  least  twenty  days'  notice  has  been  given 
by  publication  in  a  local  or  area  newspaper  having  a  general  circulation 
in  the  city  of  Nashua,  it  has  determined  to  be  an  area  necessary  for  its 
purposes  under  RSA  205,  as  amended,  and  for  Avhich  it  is  preparing  a 
redevelopment  plan  or  an  urban  renewal  plan,  and  for  such  purposes 
may  borrow  money  from  the  federal  government  or  use  any  available 
funds,  or  both;  provided,  ho^vever,  that  no  such  taking  or  acquisition 
shall  be  effected  unless  and  until  the  expiration  of  thirty  days  after  the 
Nashua  Housing  Authority  has  caused  a  notice  of  such  determination 
to  be  published  in  a  local  or  area  newspaper  having  a  general  circulation 
in  the  city  of  Nashua.  Within  thirty  days  after  publication  of  the  notice 
of  such  determination,  any  person  aggrieved  by  such  determination  may 
file  a  petition  in  the  superior  court  for  a  writ  of  certiorari  against  the 


858  Chapter  450  [1963 

Nashua  Housing  Authority  to  correct  errors  of  law  in  such  determina- 
tion, which  shall  be  the  exclusive  remedy  for  such  purpose. 

450:2  Guarantee  by  City  in  Early  Land  Acquisition.  If  the  Nashua 
Housing  Authority  proposes  to  take,  acquire  or  clear  land  constituting 
the  whole  or  part  or  parts  of  an  area  which  the  authority  has  determined 
to  be  an  area  necessary  for  its  purposes  under  RSA  205,  as  amended,  and 
for  which  the  authority  is  preparing  a  redevelopment  plan,  or  an  urban 
renewal  plan,  the  city  of  Nashua  may  enter  into  an  agreement  with  the 
Nashua  Housing  Authority  to  bear  any  loss  that  may  arise  as  the  result 
of  such  taking,  acquisition,  or  clearance  in  the  event  that  such  land  is 
not  used  for  redevelopment  or  urban  renewal. 

450:3  Early  Land  Acquisition  in  Urban  Renewal  Area  for  Low  In- 
come Housing.  Notwithstanding  any  contrary  provision  herein  contained, 
the  Nashua  Housing  Authority  may  acquire  by  eminent  domain  under 
RSA  203:12  or  by  purchase  or  otherwise  under  RSA  203:8  any  lands 
within  a  redevelopment  area  or  an  urban  renewal  area  which  the  Nashua 
Housing  Authority  requires  for  a  housing  project  for  persons  of  low 
income,  upon  approval  of  the  redevelopment  plan  or  urban  renewal  plan 
as  required  by  section  1  and  section  2  of  this  act.  The  area  of  the  housing 
project  for  persons  of  low  income  is  to  be  considered  part  of  the  redevel- 
opment area  or  urban  renewal  area  as  the  case  may  be,  which  plan  shall 
provide  for  the  reimbursement  of  the  Nashua  Housing  Authority  for  any 
excess  in  its  use  value  as  provided  under  RSA  205:5  without  any  condi- 
tions. The  Nashua  Housing  Authority  and  the  city  of  Nashua  are  author- 
ized to  make  guarantees  as  required  by  the  Public  Housing  Administra- 
tion. 

450:4  Takes  Effect.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

[Approved  July  3,  1963.] 
[Effective  September  1,  1963.] 


THE  STATE  OF  NEW  HAMPSHIRE 


Office  of  Secretary  of  State 
Concord,  September  1,  1963 

I  hereby  certify  that  the  acts  and  resolutions  contained  in  this 
volume  have  been  compared  with  the  originals  in  this  office  and  found 
to  be  correctly  printed. 

ROBERT  L.  STARK, 

Secretary  of  State 


INDEX 

NEW  HAMPSHIRE  LAWS 
JANUARY  SESSION,  1963 


Access  to  recreational  waters   385,  386 

Accountancy,  board  of,  appropriations  243,  337 

generally    424-430 

practice   of    424-430 

Accounts,  division  of,  appropriations 195,  293 

Adjutant  general,  appropriations,  capital  improvements 462 

department  of    193,  291 

Administration  and  control,  appropriations 195,  292 

capital   improvements    462 

department,  assistant  business  supervisors  ....  116 
Administration  of  estates,  see,  Probate  practice  Executors  and  administrators 

Advertising,  interstate  highway  system 3 

Aeronautical  appropriations,  extension  of  time  when  expenditures  can  be 

made  from  prior  appropriations 481 

Aeronautics  commission,  appropriations,  capital  improvements   462-471 

general    265,  359,  645 

compensation    645 

Affiliate,  bank  holding  company  171 

Aged,  John  M.  Hunt  Home 812,  813 

Mary  E.  Hunt  Home  813 

medical  aid  to,  appropriations 216,  312 

New  Hampshire  Centennial  Home  for  the  Aged,  amendment  of  char- 
ter       755 

Aging,  state  council,  appropriation 68 

Agricultural  college  fund,  appropriations 246,  340 

Agriculture,  commissioner  of,  appropriations 198,  295 

resources  development  council    614 

department  of,  appropriations   201,  298 

industrial  school,  appropriations   248,  342 

Laconia  School,  appropriations 219,  314 

sanatorium,   appropriations    212 

state  hospital,  appropriations   223,  318 

state  prison,   appropriations    251,  343 

Aid  to  dependent  children;  needy  blind;  permanently  and  totally  disabled; 

medical  aid  to  aged,  appropriations 216,  312 

Ainley,  Greta  M.,  in  favor  of 732 

Aircraft  operating  fees,  appropriations  265,  359 

Air  navigation  facilities,  exemption  from  property  tax 67,  68 

Airport  development,   appropriations    462-471 

Airways  toll  fund,  appropriations 265,  359 

Alcoholic  beverages,  cocktail  lounges  in  restaurants 388 

employment  of  minors  by  wholesaler 607 

first  class  hotels,  sale  on  Sundays  or  election  days 44 

Newington,  referendum  on  sale  in  first  class  restaurants  53,  54 

off-sale  permits   142 

on-sale  permits   141,  511 

prohibited  sales    141,  142 

purchase  by  liquor  commission 711,  712 

Sunday  sales    511 

see  also.  Liquor  commission 

861 


862                                                      Index  [1963 

Alcoholism,  appropriations  209,  306 

Alexandria,  cooperative  school  district   758,  761 

American  Kennel  Club  beagle  field  trials 611 

American  Library  Association,  school  accredited  by,  scholarships 15 

Animal  industry,  division  of,  appropriations 199,  296 

Animals,  cruelty,  enforcement  by  state  police  employees 54,  55 

domestic,  diagnostic  services  for,  appropriations 200,  297 

Apprenticeship   council,   appropriations    230,  325 

Appropriations,  access  roads   101,  650-653 

aging,  state  council  on   68 

aquatic  nuisances,  chemical  control   582 

biennial     190-380 

capital  improvements 462-470 

civil  war  centennial  commission   733 

clam  licenses,  compensation  of  agents 77 

constitutional  convention    124,  721 

constitution,  commission  to  study 169 

Contoocook   river    624 

coordinating  board  of  advanced  education  and  accredita- 
tion       623 

correcting  references  in  1961  appropriation  acts 3 

deficiency  appropriation    422 

district   courts    710 

educational   television    479,  480 

general  appropriation  acts   190,  288 

group  insurance  for  state  employees 657-659 

legislative   service    609 

New  Hampshire  School  Building  Authority 575 

■                              New  York  World's  Fair  participation   25,  26 

nurse    scholarships    510 

pesticide  control  committee   504 

RSA,  revision  of  vol.  2 84 

RSA  supplements   85 

teachers  colleges,  salary  adjustments   623 

Uniform  Narcotic  Drug  Act 555 

see  also  particular  agency  or  subject  matter  for  appropria- 
tions under  general  appropriations  and  other  acts 

Aquatic  nuisances,  chemical  control,  appropriation   582 

Arbitration,  see,  Conciliation  and  arbitration 

Architects,  board  of  registration,  appropriations 243,  337 

Area  schools  555-566 

Armories,   appropriations    194,  291 

capital  improvements    462 

Franklin,  sale   26,  27 

Assaults,  penalty   23 

Atkinson,  zoning  proceedings  legalized   788 

Atlantic  marine  fisheries,  appropriation   195,  292 

Attachment  liens,  duration   394 

Attorney  general,  assistant,  number,  compensation  390 

director  of  legislative  services,  advice 608 

legal   stenographers    390 

office  of,  appropriations   201,  298 

Pittsfield  dam  acquisition 142,  143 

Attorneys,  lien  on  verdict 75,  76 

Auburn  district  court 697 

Auctioneers,  appropriations    243,  337 


1963]                                                  Index  863 

Authorized  regional  enrollment  area  schools 555-566 

Ayer,  Mary  R.,  in  favor  of 732 

Bail  commissioners,  district  court   711 

Baker,  Claude  J.,  in  favor  of 733 

Baker  river  soil  consen/ation,  flood  prevention   462-471 

Ballam,  Louis  S.,  in  favor  of 733 

Ballots,  see,  Elections 

Bank  accounts,  trustee  process 647,  648 

advisory  board,  appointment,  term   398 

established    397 

commissioner,  appropriations    266,  359 

collections  by   266,  360 

report  to  of  shortages  of  funds 125 

holding  companies 171-175 

Banking  institutions,  procedure  for  collections  from 284,  378 

trust  companies,  incorporation  board 511 

see  also,  Building  and  loan  associations 

Banks,  bank  deposits  and  collections,  presentment  for  payment 177 

branch   banking    171-175 

inter-bank  deposits,  restrictions   157,  158 

legal  investments   36 

report  to  commissioner  of  shortages  of  funds 125 

Small  Business  Administration  loans    654 

see  also,  Savings  banks 

Barbers'  board,  appropriations    225,  320 

Beagle  field  trials   611 

Bear,  taking   634 

Beauty  shop  defined 113 

Beaver  Brook  dam,  capital  improvements 462-471 

Flood  Control  Project 188 

Bedford,  zoning  proceedings  legalized 788 

Belknap  College,  authority  granted   773 

County,  convention  proceedings,  printing  406 

district  courts    698 

recreational  area  tax  exemption 814 

Benjamin  Thompson  fund,  appropriations 246,  340 

Bennett,  Frank  J.,  in  favor  of 733 

Bergeron,  Alfred  A.,  in  favor  of 732 

Berlin  district  court   701 

police  commission,  appointment   539,  540 

retirement   system    813,  814 

Berry,  Dorothy  B.,  in  favor  of 733 

Beverages,  see,  Alcoholic  beverages 
Liquor  commission 

Birds,  poisons  for  control  of 166 

Bisbee,  Kenneth  M.,  in  favor  of 733 

Blanchard,  Daniel  R.,  in  favor  of 733 

Blind,  aid  to  needy,  appropriations 216,  312 

persons,  conduct  toward  by  motor  vehicle  operator 57 

services,  appropriations   214,  310 

Blue  Star  memorial  highway,  appropriations 281,  374 

debt  service  8 1 ,  82 

Boats,  initial  number  plates  154,  155 

licensing  in  another  state,  reciprocity   11 

motor  boats,  operation  by  minors 121,  122 


864                                                    Index  [1963 

prohibition  on  certain  waters  60 

small  ponds 105,  106 

operation  under  influence  of  liquor  or  drugs 18,  19 

reckless  operation  18,  19 

Young  Boaters  Training  Fund   155 

Bob  houses  78 

Boisvert,  Jos.  E.,  in  favor  of 733 

Bomb  scare   73,  74 

Bond  and  debt  retirement  tax 642 

Bonds,  bridge  additional  to  General  Sullivan  Bridge 404 

capital  improvements   462-471 

central  New  Hampshire  turnpike  connection 584,  585 

corporation,  facsimile  signature  and  seal 32 

educational    television    479,  480 

guardians  148 

highway  bonds  authorized 285,  378 

municipal  transit  authority 577-580 

New  Hampshire  School  Building  Authority 569-573 

state  colleges,  dormitories   161,  162 

state  office  building 161,  162 

University  of  New  Hampshire  23-25,  162-164,  169,  170,  386-388 

water  pollution  control   396 

Books  and  periodicals,  purchase  through  state  library 58 

Bounties,  fish  and  game  department,  appropriations 274,  368 

increase    407 

payments  to  cities  and  towns,  appropriations 246,  340 

Bouvier,  J.  Edw.,  in  favor  of 733 

Bow,  legalizing  town  meeting   764 

school  district  meeting  legalized  770 

zoning  proceedings  legalized   788 

Boys'  and  girls'  benefit  fund,  appropriations 248,  342 

Bradley,  Richard  L.,  in  favor  of 733 

Bridges,  class  II  highways,  study  of  assumption  by  state 515 

covered  wooden 23,  80,  81 

parallel  to  General  Sullivan  Bridge 404 

see  also.  Highways  generally 

Bridgewater,  cooperative  school  district 758,  761 

Bristol,  cooperative  school  district 758,  761 

Brookfield,  councilor  district   1,  2 

Brown,  Albert  H.,  in  favor  of  733 

Edw.  E.,  in  favor  of 733 

Mary  S.,  in  favor  of 733 

Brucellosis  testing,  appropriations 199,  297 

Budget  and  control,  division  of,  appropriations 195,  292 

Building  and  loan  associations,  borrowing 638 

limitations  on  loans  and  investments 637,  638 

loans    637 

offices     638 

retirement  benefit  plans  for  employees  ....  639 

codes,  mobile  home  and  travel  trailer  standards 120 

Buildings  and  grounds,  division  of,  appropriations 196,  293,  731 

Bureau  of  markets,  appropriations 199,  296 

Buses,  taxation  of  motor  fuels  consumed  by  interstate  buses 457-460 

proration  and  reciprocity  agreement  450-456 

see  also,  Motor  carriers 

Business  supervisors,  assistant 116 


1963]                                                  Index  865 

Cancer  commission,  additional  funds 729 

appropriations     225,  320 

executive  secretary   430 

membership    7,  8 

Cannon  Mountain  ski  rates  for  residents 447 

Capital  improvements,  appropriations   462-470 

Carkin,  Chas.  W.,  in  favor  of 732 

Caroline  A.  Fox  research  fund,  appropriations 232,  327 

Carriage  of  household  goods  for  hire  by  motor  vehicle,  regulation 504,  509 

see,  Motor  carriers 

Carroll  County  district  courts   698 

Central  New  Hampshire  turnpike,  appropriations 283,  376 

connection    583-585 

Certified  public  accountants 424-430 

Chamberlain,  S.  A.,  in  favor  of 733 

Charitable  corporations,  gift  to  of  articles  subject  to  lien 36,  37 

trusts,  division  of,  appropriations   202,  299 

Chattel  mortgages,  application  of  RSA  360:21,  22,  23  and  24 11 

Checklists,  party  designations 31 

supervisors,  deposit  of  copy  with  state  library 17 

see  also,  Elections 

Cheshire  County  district  courts  700 

Chesterfield,  zoning  proceedings  legalized 788 

Chicks,   artificial  coloring    115 

sale,  gift  or  display 115 

Child-caring  agency,  definition    33,  34 

Children,  aid  to  dependent,  appropriations 216,  312 

crippled  children's  services,  appropriations   207,  304 

deaf,  education   264,  358 

fund,  special,  appropriations 215,  311 

guidance  clinics,  appropriations  224,  319 

intellectually  retarded,  cost  of  educating 167,  168 

schools  for,  appropriations 255,  348 

private  care  homes,  register  of  children 33,  34 

Child  welfare  services,  appropriations   214,  310 

Chiropody,  board  of,  appropriations   226,  321 

change  of  name  to  "podiatry"   499 

Chiropractic  examiners,  board  of,  appropriations 244,  338 

practice   of    403,  404 

Christiansen,  Marie,  in  favor  of 733 

Cities,  agreements  between  government  units 542,  543 

apportionment  of  state  tax 407-414 

conservation  commissions    151-153 

emergency  borrowing,  correcting  reference 135 

Enabling  Act  for  Local  Option  City  Charters 520-543 

fire  prevention  codes  423,  424 

head  tax   45-48 

highway  or  bridge  projects  performed  by  state  on  request,  status  of 

workmen   69,  70 

home  rule 520-543 

life  and  health  insurance  for  employees 76,  77 

local  option  charters,  administrative  service 525,  532 

adoption    538 

council-manager  plan  530-537 

elections    520 

finance     527,  534 


866                                                    Index  [1963 

mayor-aldermen   plan    523-529 

merit  plan    535 

miscellaneous  provisions  537 

personnel  administration    529 

procedure    521 

special  assessments   530,  537 

generally    520-543 

mobile  home  and  travel  trailer  standards 120 

Municipal  Finance  Act  134,  135 

municipal  transit  authority   575-582 

police  commissions,  appointment   539-541 

public  libraries   37-42 

reimbursement  by  state  for  certain  tax  losses 631,  632 

tax   prepayment    30,  31 

temporary  loans    135 

transit  authority   575-582 

tree  warden,  removal  of  trees 137 

workmen's   compensation    661 

see  also,  Municipalities 
Tax 

Civil  air  patrol,  appropriations 272,  366 

defense,  appropriation    271,  365,  457 

private  liability   4 

radiological  courses  and  training  at  federal  schools,  appro- 
priations      272,  365 

War  Centennial  Commission,  appropriation 733 

Clams  licenses,  compensation  of  agents 77 

taking     647 

Claremont  district  court 700 

police  commission 540 

Clarke-McNary  law,  appropriations   232,  326 

Cleaning,  lien  on  articles   36,  37 

Coal-tar  color,  repeal  of  food  and  drug  provisions 182 

Cocktail  lounges  in  restaurants  388 

Colby  Junior  College  for  Women,  amendment  of  charter 768,  769 

College,  see  particular  college 

Color  additive  defined   179 

Commercial  code,  bank  deposits  and  collections,  presentment  for  payment 

by  bank  177 

division,    appropriations    242,  336 

fraudulent  dealing  with  property  subject  to  security  in- 
terest       10,  11 

Commission  to  study  state  constitution   168,  169 

Common  carrier,  operator  of  passenger  tramway 605 

see  also,  Motor  carrier 

nuisances,  narcotic  drug  violation 551 

Commons,  agreements  between  government  units 542,  543 

Communicable  disease  control,  appropriations   206,  302 

Communications,    appropriations    240,  335 

Complaint,  motor  vehicle  speed  violations 688 

Comptroller,  inventory  of  state  real  property 724,  725 

Conciliation  and  arbitration,  state  board,  compensation  of  arbitrator 397 

single  arbiter   397 

Concord,  compensation  of  mayor  and  aldermen 775 

district   court    698 

Female  Charitable  Society,  amendment  of  charter 751 


1963]                                                  Index  867 

fiscal  control   776 

special  meetings  of  mayor  and  aldermen 775 

union  school  district,  annexation  of  Penacook  district 809,  810 

U.  S.  post  office,  purchase  and  renovation 462 

Conditional  sales,  repeal  of  provisions  which  repealed  RSA  361:14,  16 11 

Congregational-Christian  Conference,  amendment  of  act  incorporating  ....  756 

Connecticut  river  valley  flood,  appropriations   237,  331 

Conservation  commissioner,  towns  and  cities   151-153 

Conservator,  investments  by   60 

Constitution,  commission   to  study    168,  169 

Constitutional  convention,  calling    124 

of  1959,  binding  and  distribution  of  journal  of  721 

Contoocook  river,  acquisition  of  water  rights  and  dams 624 

Convalescent  care  and  clinics,  appropriations 207,  304 

Converse,  Harvey  H.,  in  favor  of 733 

Conway  district  court 698 

legalizing  procedures  at  town  meeting 764 

Cooperative  school  districts,  revision  of  law 483-498 

see  also.  School  districts 

Coos  County  district  courts 701 

Corporations,  bonds,  facsimile  signatures  and  seals 32 

capital  stock,  redemption  of  own  shares,  agreements 602 

charters  repealed   794-808 

name     602 

seals,  facsimile    32 

voting    rights    602,  603 

Cosmetics,  adulteration,  misbranding 182 

Council  of  state  governments,  appropriations   190,  288 

Council  of  state  governors,  appropriations 192,  289 

Councilor  districts,  transfer  of  Brookfield  and  Wakefield 1,2 

Coiuisel,  indigent  criminal  defendants 402 

Comities,  agreements  between  government  units 542,  543 

borrowing,  exceeding  appropriations   55,  56 

life  and  health  insurance  for  employees 121,  122 

listing  alphabetically    12 

workmen's   compensation    661 

County  attorneys,  salaries,  Rockingham 80 

commissioners,  report,  deposit  with  state  library 17 

salaries,    Hillsborough    670 

Rockingham     79 

conventions,  appropriations,  life  and  health  insurance 121,  122 

vice-chairman     100 

employees,  bonding   446 

discharge  from  employment  99 

extension  service,  workmen's  compensation   661 

sheriff,  salaries,  Rockingham   114 

treasurers,  Rockingham,  deputy   78,  79 

Rockingham,  salary   6 

Courts,  see.  District  court 

Municipal  courts 
Probate  courts 
Superior  court 
Supreme  court 

Coutermarsh,  Ernest,  in  favor  of 733 

Covered  bridges,  preservation    80,  81 

rehabilitation   23 


868                                                      Index  [1963 

Credit  unions,  by-law  amendment   627 

credit  committee   629 

directors  and  officials  628,  629 

dissolution     630 

dividends     629 

entrance  fee   627 

grace  period   630 

interest  refund 630 

loan  officer   30 

loans  to  officials 629 

mortgages    627 

name,  use  of    626 

real  estate   628 

report  to  bank  commissioner  of  shortage  of  funds 125 

vacancies    627 

Crime,  false  report   73,  74 

Criminal  defendants,  counsel  for  indigent 402,  403 

Crippled  children's  services,  appropriations   207,  304 

Cross,  Amelia  H.,  in  favor  of 732 

Cruelty  to  animals,  enforcement  by  state  police  employees 54,  55 

Cystic  fibrosis,  appropriations 207,  304 

Dairy  products,  milk  sanitation  code 592-602 

Damages,  wrongful  death  limitations 82 

Dame,  C.  Cecil,  in  favor  of ' 732 

Danbury,  cooperative  school  district 758,  761 

Daniel,  Chas.  E.,  in  favor  of 732 

Data  processing  systems,  purchase  by  insurance  companies 61 

Day  care  homes,  licensing 33,  34 

Deaf  children,  education  264,  358 

education  of,  appropriations 254,  348,  734 

Deans,  David  Jr.,  in  favor  of 733 

.Decedents'  estates,  see,  Executors  and  administrators 

Deeds,  division  or  line  agreements,  notations 156 

validation  when  not  witnessed   59 

see,  register  of  deeds 

Deer,  hunting  on  islands  by  disabled  persons 640 

muzzle-loader  or  musket 640 

season 610 

Deering  dam,  capital  improvements 462-471 

DeGrace,  Gerard,  in  favor  of  732 

DeLude,  Marj.  B.,  in  favor  of 733 

Dental   board,   appropriations    226,  321 

hygienists,   registration,    license    144,   145 

public  health,   appropriations    206,  303 

Dentistry,  registration,  license    144,   145 

Derry  district  court  696 

Detective  bureau,  appropriations   240,  334 

Development  projects,  vacant  or  predominantly  vacant  land 117-119 

upper  valley  development  council  790 

see  also.  Resources  and  economic  development 

Diffenderfer,  Marcus  E.,  in  favor  of 732 

Dion,  Albert  N.,  in  favor  of 732 

Disabled,  aid  to  permanently  and  totally,  appropriations 216,  312 

veterans  and  other  persons,  hunting  from  motor  vehicle 68,  69 

Discrimination,  carriage  of  household  goods   507 


1963]                                                  Index  869 

District  court,  administrative  committee   706 

appeals    709 

appropriations     710 

bail  commissioners 711 

civil   sessions    707 

clerks,  appointment,  duties   704 

salaries   703 

courtrooms  708 

executions    707 

fees    708 

generally     696-712 

jurisdiction     705,  706 

justices,   appointment    702 

disqualification    707 

powers 703 

salaries     703 

special    703 

tenure    702 

procedure  708 

record    707 

return  day   707 

robes   707 

special  sessions   702 

travel     708 

writs    . .      707 

Domicile,  orders  for  support  of  spouse  ....    34,  35 

Dondero  Estate,  Mary  E.,  in  favor  of .- 732 

Dover,  chief  of  police 777,  778 

district  court  697 

hospital  renamed   778,  779 

police  commission    541 

purchasing  procedure   808 

Downs  Estate,  Elmer  H.,  in  favor  of 733 

Drains,  agreements  between  government  units 542,  543 

Drew,  Robert  B.,  in  favor  of 733 

Driver  training  courses,  use  of  initial  plate  fees 123 

Drugs,  Uniform  Narcotic  Drug  Act  544-555 

see  also,  Pure  foods  and  drugs 

Dublin,  zoning  proceedings  legalized 788 

Duckling,  artificial  coloring   115 

sale,  gift  or  display 115 

Dumping,  throwing,  depositing,  garbage  or  refuse 694 

Durham  district  court   697 

zoning  proceedings  legalized   788 

Dyeing,  lien  on  articles 36,  37 

Eastern  N.  H.  turnpike,  additional  bridge 404 

appropriations    281,  374 

debt  service  81,  82 

Eastern  States  exposition,  appropriations   201,  233,  298,  328 

building,  repairs    462-471 

East  Kingston,  zoning  proceedings  legalized 788 

Eastman,  Scott  F.,  in  favor  of 732 

Economic  development,  division  of,  appropriations 233,  328 

Eastern    States   exposition,    appropria- 
tions      233,  328 


870                                                      Index  [1963 

resources  development  council   614 

industrial  agents,  additional    603 

Educational  television,  appropriation    479,  480 

operating  expenses    736 

Education,  board  of,  appropriations 252,  346 

duties  as  to  unincorporated  places,  unorganized  towns 

and  towns  where  districts  have  been  abolished  ....  130-132 

education  of  children  at  Wentworth's  Location 177 

state  junior  colleges 622 

trustees  of  colleges  and  university  617 

commissioner,  national  forest  funds,  expenditure 131 

coordinating  board  of  advanced  education  and  accreditation,  ap- 
propriation       622 

deaf,  age 264,  358 

appropriation    734 

department,  appropriations,  capital  improvements   462-471 

limitation  of  authority  to  grades  1-12  and  technical 

institutes   622 

resources  development  council    614 

driver  training  courses,  use  of  initial  plate  fees 123 

interim  commission,  deficiency  appropriation   734 

extension  of  time  for  making  report  and 

submitting  drafts    719 

junior  colleges 622 

reorganization  of  public  higher  education   616-624 

scholarships,    appropriations    258,  352 

sweepstakes  proceeds,  distribution  to  school  districts 49,  50 

unincorporated  places,  unorganized  towns  and  towns  where  dis- 
tricts abolished  by  legislature   130-132 

veterans  educational  services,  appropriations 255,  349 

vocational  rehabilitation,  appropriations   256,  349 

see  also,  Schools 

Elections,  ballots,  form    S9 

constitutional  convention,  delegates 124 

contested,    notice    444 

contracting  for  printing  by  secretary  of  state 19 

counting  votes,  nominees  of  more  than  one  party 587 

division,  appropriations   242,  336 

primary,  party  registration 31 

recount    444 

supervisors  of  checklist,  deposit  of  copy  of  marked  checklist  in 

state    library    17 

sweepstakes  local  option  50 

town  caucuses   582,  583 

towns,  assistant  election  officials 586 

voting,  head  tax 47 

Eminent  domain,  cooperative  school  districts 498 

Employees,  see,  State  employees 

Employees  retirement,  see.  State  employees  retirement 

Employment  security  commissioner,  salary  669 

Enabling  Act  for  Local  Option  City  Charters 520-543 

Engineers,  professional,  board  of  registration,  appropriations 244,  338 

society  of  professional,  restraint  of  violations 605 

Execution,  attachment  lien    394 

Executive  council,  appropriations 191,  289 


1963]                                                  Index  871 

Executors   and   administrators,   insolvent  estates,   time   for  presentation   of 

claims   1 32 

redemption  of  property  specifically  devised  35 
see  also.  Probate  practice 

Exeter  district  court  696 

hospital  school  of  practical  nursing,  appropriations 255,  349 

Extension  work,  appropriations 252,  346 

Extradition,    juveniles    153,  154 

False  report  of  crime  or  danger  of  explosion 73,  74 

Family  senice,  marriage  counseling   391,  392 

Famiington,  legalizing  annual  town  and  precinct  meetings 760 

Farm  products,  use  of  word  "native" 143 

supervisor,  repeal  of  provisions 116 

Farwell,  Grover  C,  in  favor  of 733 

Federal  aid,  indemnification  agreements  149,  150 

state    library    15,   16 

Wallis  State  Beach  Development  Project 27 

funds,  national  forest  funds,  expenditure 131 

F.  E.  Everett  turnpike,  continuation 583-585 

Fire  codes   424 

Fire  fighters  training  program,  advisory  committee 110 

authorized     110 

division  of  state    Ill 

expenditures     Ill 

prevention  codes,  adoption  by  cities  and  towns 423,  424 

service  training,  appropriations    255,  349 

Firemen's  relief,  appropriations 195,  292 

retirement  system,  appropriations  273,  366,  450 

generally    447-450 

Fires,  agreements  between  government  units 542,  543 

Fish  and  game,  beagle  field  trials 611 

bear   634 

bob  houses  78 

bounty   increase    407 

clam   licenses,   compensation   of  agents    77 

clams,  taking  647 

commission,  resources  development  council 614 

deer,  hunting  on  islands  by  disabled  persons  640 

muzzle-loader  or  musket    640 

season    610 

department,  appropriations   274,  367 

pesticide  control  committee  503,  504 

director,  poisons  for  control  of  birds 166 

right-of-way  board   386 

fisher,  open  season  137,  138 

hunting  from  motor  vehicle,  disabled  veterans  and  persons  68,  69 

ice  fishing,  marking  fishing  holes  in  ice  on  Great  Bay 399 

importation,  fee    146,  147 

Laconia  State  School  inmates,  permit 75 

licenses,  nonresident,  limitations  on  purchase 66 

patients  at  veterans  hospitals 75 

persons  over  70  years  of  age  67 

Portsmouth  naval  personnel   649 

mussels,  removal  from  Seabrook  middle  grounds 647 

New  Hampshire  Hospital  inmates,  permit 75 


872                                                      Index  [1963 

pheasants,   season    631 

posting  lands  against  trespass 503 

propagation  license  fee  119 

Soldiers  Home  in  Tilton,  permit 75 

special  licenses,  fee    119 

Fisher,  open  season    137,  138 

Flood  control,  Beaver  Brook  project 188,  189 

reimbursements  to  cities  and  towns  for,  appropriations 271,  365 

Food  additive,  defined  1 '9 

chemistry,  appropriations   208,  305 

establishments,  toilet  facilities 6 

see  also,  Pure  foods  and  drugs 

Forbes,  Roxie  A.,  in  favor  of 733 

Forest  conservation  aid,  appropriations 271,  365,  734 

fire  control,  Clarke-McNary  law   232,  326 

improvement  fund,  appropriations    232,  327 

Forestry  and  recreation  commission,  consultation  with  state  historical  com- 

•    •  614 

mission   "^^ 

Foster  day  care  homes,  licensing  33,  34 

Foundation  aid,  appropriations 253,  346 

Francestown,  legalizing  actions  of  adjourned  town  meeting 774 

Franklin  armory,  sale  26,  27 

district  court   698 

Fraudulent  dealing  with  property  subject  to  security  interest 10,  11 

Funeral  directors  and  embalraers,  board  of,  appropriations 226,  321 

Gale  Home  for  Aged  and  Destitute  Women,  change  of  name,  amendments 

of  charter   762,  763 

Galloway,  Robert  L.,  Sr.,  in  favor  of 733 

Game,  see,  Fish  and  game 

Garbage,  throwing,  depositing,  dumping   694 

Gasoline,  taxation  of  fuels  consumed  by  interstate  buses 457-460 

General  Conference  of  Congregational  Churches,  amendment  of  charter  ...  756 

General  court,  appropriations,  supplemental  121 

deceased  member's  compensation    64 

director  of  legislative  services 607 

house  of  representatives,  legislative  service  assistants 122 

mileage  clerk   123 

journals  of  senate  and  house,  time  for  filing 64,  65 

legislative  attaches,  longevity  pay   123 

mileage  allowance  for  members  of  1959  session 732 

generally    586,  587 

senate,  clerk,  appropriations 287,  379 

counsel,   employment    379 

legislative  service  assistants  122,  123 

travel  allowances  and  other  expenses,  appropriations 286,  380 

General  Sullivan  Bridge,  additional  bridge 404 

Geology  booklets,  appropriations   234,  328 

Gilford,  Belknap  county  recreational  area  tax  exemption 814,  815 

zoning  proceedings  legalized 788 

Gilman,  Geo.  T.,  in  favor  of 732 

Glazing,  lien  on  articles   36,  37 

GoflEstown  district  court 700 

highway  classification   760 

zoning  proceedings  legalized  788 

Gordon,  Anne  B.,  in  favor  of 733 


1963]                                                  Index  873 

Goslings,  artificial  coloring  115 

sale,  gift  or  display  115 

Governor  and  council,  access  roads  to  Willard  Basin  and  Ragged  Mountain 

ski  area    650-653 

capital  improvements   466 

check,  cancellation  of  outstanding,  payment 72 

construction  at  University  of  New  Hampshire  ....     23-25,   102, 

162-164,  169,  170,  386-388,  462-471 

Franklin  armory,  sale 26,  27 

indemnification  agreements  with  United  States  ....  149,   150 
leasing  of  privileges  and  concession  in  state  forests 

and  reservations,  approval 140 

national  forest  funds,  expenditure 131 

public  access  to  recreational  waters 386 

Rye  Harbor  Reserxation,  conveyance 143,  144 

sale  of  land  to  Intervale  Ski  Area,  Inc 112 

teachers  college  dormitories,  and  office  building  ....  161,  162 

Wallis  State  Beach  Development  Project,  federal  aid  27 

workmen's  compensation  waiver   662 

Governor,  appropriations    191,  289 

New  York  World's  Fair,  participation   25,  26 

state  library  report  14 

Governors  Conference,   appropriations    192,  289 

Grafton  County  district  courts 700 

Graham,  Jos.  L.,  in  favor  of 733 

Granite,  Mark,  in  favor  of  720 

Great  Bay,  marking  fishing  holes  in  ice 399 

Great  East  Pond,  Salmon  Falls  River  headwaters 389 

Greenland,  zoning  proceedings  legalized  788 

Green,  Samuel,  in  favor  of 732 

Greenville  water  works,  proceedings  legalized   772,  773 

Greer,  Benjamin  F.,  clerk  of  senate,  appropriations 287,  379 

Grenier  air  force  base,  appropriations 194,  292 

Groton,  cooperative  school  district 758,  761 

Group  insurance,  county  life  and  health  insurance 121,  122 

municipal  employees  76,  77 

public  employees  associations   83 

replacement  policies    639 

state  employees  657-659 

see  also.  Insurance 

Guardian  ad  litem,  authority  to  waive  notice 147 

bond     148,  646 

Guardians,  bond    148 

investments  by    60 

of  person,  duties   148 

Hairdressing  shop  defined 113 

Hamilton  Smith  fund,  appropriations 246,  340 

Hampstead,  zoning  proceedings  legalized 788 

Hampton  beach  erosion  control 712-715 

parking  facility,  appropriations 237,  332 

violations,   penalties    158 

district  court   696 

Falls,  zoning  proceedings  legalized 788 

harbor  channel  and  beach  erosion  control 712-715 

entrance,  improvement   712-715 


874                                                      Index  [1963 

zoning  proceedings  legalized   788 

Hanover  district  court   700 

powers  and  duties  of  town 739-747 

village  precinct,  group  insurance  77 

repeal  of  charter   739-747 

Harness  racing,  appropriations   269,  362 

Hartigan,  Winifred  E.,  in  favor  of 733 

Hart,  Nick,  in  favor  of 732 

Hart's  Location,  school  district  abolished 131 

Haverhill  district  court    701 

Hayward,  Chas.  P.,  in  favor  of 733 

Head  tax,  abatements   46 

cities  and  towns,  liability   46 

collection     45 

exemptions    47 

extents  46 

husband,  liability    45 

levy     45 

payment  to  state 46 

penalty    45 

refund    47 

resident   defined    45 

supplementary  bond  of  collector 47 

supplies   47 

time  of  payment 45 

voting    47 

Health  and  welfare,  appropriation,  capital  improvements 462-471 

commissioner,  marriage  counseling  referral  391,  392 

department  of,  appropriations   202,  225,  299,  320 

radiation  control  program   415-422 

insurance  for  aged,  joint  action  by  insurance  companies 606 

group  for  state  employees 657-659 

Healy,  Joseph  P.,  in  favor  of 732 

Hebron,  cooperative  school  district 758,  761 

Henniker  district  court   699 

Highways,  access  roads  to  Ragged  Mountain  Corporation  ski  area 650 

ski  developments    101 

Willard  Basin   650 

advertising   3 

agreements  between  government  units 542,  543 

bridges  on  class  II  highways,  study  of  assumption  by  state 515 

bonds,    appropriations    285,  378 

issues,  correcting  references  in  1961  appropriation  acts  . .  3 

building  equipment,  registration   116,  117 

central  New  Hampshire  turnpike  connection 583-585 

classification,  Goffstown  and  Manchester 760 

Lyman     12 

Newton   762 

covered  wooden  bridges,  rehabilitation   23 

eastern  N.  H.  turnpike,  additional  bridge  parallel  to  General  Sul- 
livan Bridge    404 

appropriations     281,  374 

debt  service   81,  82 

F.  E.  Everett  turnpike,  continuation 583-585 

laying  out  rights  of  way  for  removal  of  lumber 519 

reopening  of  discontinued 518 


1963]                                                  Index  875 

rights  of  way  for  removal  of  lumber 518,  519 

snow  remo\aI  compensation  of  state  employees 407,  408 

throwing,  depositing,  dumping  refuse 694 

town  and  city  agents,  meetings  provided  by  commissioner 5 

see  also,  Public  works  and  highways 

Hill,  Earl,  in  favor  of 735 

Hillsborough  armory,  capital  improvements 462 

Bridge  Village  Fire  Precinct,  referendum  for  dissolving  and 

transferring  to  town   765 

County  attorney,  salary 669 

commissioners,  salary    669,  670 

district  courts 699 

district  court   699 

Historic  district  commission   159-161 

districts,  zoning   159-161 

Home  rule    520-543 

Homestead,  purchase  by  minor 148 

Hooksett,  zoning  proceedings  legalized 788 

Hopkinton  village  precinct,  legalizing  proceedings  of  special  meetings 753 

Horn  Pond,  Salmon  Falls  River  headwaters 389 

Hospital  services,  state,  appropriations   205,  301 

see  also.  New  Hampshire  Hospital 
State  hospital 

Hotels,  first  class,  sale  of  alcoholic  beverages  on  Sundays  and  election  days  . .  44 

Household  goods  carrier,  regulation  504-509 

House  of  representatives,  see,  General  Court 

Houses  of  correction,  delivery  of  articles  to  prisoners 189,  190 

escape  penalty    109 

House  trailers,  taxation   133 

Housing,  agreements  between  government  units 542,  543 

authorities,  agreements  between  government  units 542,  543 

development  of  vacant  lands 117-119 

Human  excrement,  defined 20 

Hunting,  see,  Fish  and  game 

Hurlbert,  Harry  L.,  in  favor  of 721 

Husband  and  wife,  head  tax  liability 45 

orders  for  support,  domicile 34,  35 

Ice  fishing,  marking  holes  in  ice  on  Great  Bay 399 

Industrial  agents,  additional 603 

Park  Audiority,  debt  limitation  increase 139 

equipment  and  machinery  139 

extension   to  redevelopment    138 

mortgage  guaranty   139 

refunding  existing  obligations    139 

regional  development    138,   139 

school,  appropriation,  capital  improvements 462-471 

general     246,  340 

commitment,  minors  under  eighteen 393 

place  of  committal 394 

transfer  to  incorrigibles,  judicial  review 155 

waste,  minimum  treatment  of  water 42,  43 

Ingraham,  Edw.,  in  favor  of 732 

Insolvent  estates,  time  for  presentation  of  claims 132 

Insurance  brokers,  license  fees 634 

companies,  data  processing  system  purchase   61 


876                                                      Index  [1963 

fees  for  license   634 

joint  action  for  health  insurance  for  aged 606 

department,  appropriations  228,  323 

real  estate  division,  appropriations   229,  323 

group  insurance,  county  life  and  health  insurance 121,  122 

municipal  employees   76,  77 

public  employees  associations 83 

replacement   policies    639 

state  employees   657-659 

health  insurance  to  aged  through  joint  action  of  insurance  com- 
panies      "^" 

state  employees   657-659 

1 14    1  Ifj 

motor  earners   ^  ^^'  ^  ^^ 

New  Hampshire  Life  Insurance  Company,  use  of  name 762 

standard  non-forfeiture  law,  adjusted  premiums 27,  28 

policies  issued  after  operative  date  29 
see  also,  Life  insurance 

Interest  from  date  of  writ  in  civil  proceedings 605 

Inter-Lakes  Cooperative  School  District,  legalizing  proceedings  relating  to 

annexation  of  Sandwich 788,  789 

Interstate  compact,  libraries 89-95 

motor  vehicle  safety  equipment   471 

Intervale  Ski  Area,  Inc.,  sale  of  land  to 112 

Inventory  of  state  real  property 724,  725 

Investigation  of  accounts,  division  of,  appropriations 196,  293 

Investments,  see,  Legal  investments 

Jaffrey  district  court 700 

Jails,  delivery  of  articles  to  prisoners 189,  190 

Japanese  Charitable  Fund    723 

John  Albee  Memorial  Forest  Reservation 731 

John  M.  Hunt  Home  for  aged  men 812,  813 

John  Nesmith  fund,  appropriations 215,  31 1 

Johnson,  Philip  E.,  in  favor  of  723 

Jones,  Albert  E.  and  Theresa,  in  favor  of 726 

Judgment,  attachment  lien  duration 394 

civil  proceedings,  interest  from  date  of  writ 605 

Judicial  council,  appropriations 193,  290 

Juveniles,  extradition   153,  154 

see  also.  Industrial  school 

Keating,  Jeremiah  J.,  in  favor  of 733 

Keefe,  Wm.  F.,  in  favor  of 733 

Keene,  Beaver  Brook  Flood  Control  project 189 

district   court    700 

state  college,  book  store 619 

designated     616 

dormitory  and  other  rentals 618,  619 

government,   trustees    617 

purposes,  laws  applicable,  courses,  degrees 617 

salary  adjustment  appropriations   623 

snack  bar    619 

state  employees  personnel  system  622 

trustees,  powers  618-620 

teachers  college,  appropriation,  capital  improvements 462-471 


1963]                                                Index  877 

general    259,  353 

dormitory  bonds 161,  162 

nursery  school  program 264,  358 

renamed    616 

reports    287 

retirement  benefits 621 

salary  of  president 622 

scholarships,  condition  precedent    260,  354 

transfer  of  funds,  etc 620,  621 

Kimball  Pond,  motor  boat  operation 60 

Kingston,  zoning  proceedings  legalized   788 

Kingswood  Lake,  Salmon  Falls  River  headwaters 389 

Kretowicz,  Walter,  in  favor  of 733 

Laboratory  services,  appropriations   209,  305 

Labor  commissioner,  safety  and  health  standards 401,  402 

department  of,  appropriations    229,  324 

factory  inspection,  appropriations   229,  324 

employee's   remedies    436 

enforcement   436 

hours  of  labor,  extra  time  on  special  license 432,  433 

minimum  wages  in  public  works 588-590 

payment  of  wages,  deceased  employees 434 

definitions     433 

notification,  posting,  records   435 

prime  contractors  responsibility 434 

separated  employees 433 

unconditional   payment    434 

waiver    435 

weekly   433 

withholding    435 

penalties     436 

rules  and  regulations   437 

safety  and  health  of  employees  in  work  places,  inspection,  stand- 
ards,  safeguards    401,  402 

Sunday  work,  day  of  rest,  special  agreement 433 

Laconia  district  court 698 

legalizing  action  to  authorize  sewer  bonds 748 

police  commission,  appointment   539,  540 

salaries  of  mayor  and  councilmen 771- 

state  school,  appropriations,  capital  improvements 462-471 " 

general    218,  313 

permit  to  fish   75 

reports    287 

transfer  of  patients  to  state  hospital 430 

Lancaster,  legalizing  cooperative  school  district  meeting  held  at 769 

Lancaster- Whitefield  cooperative  school  district 760 

Landaff,  legalizing  school  district  meeting 761 

Laperle,  Roland,  in  favor  of 728 

Laundering,  lien  on  articles 36,  37 

Lavatory  facilities,  food  establishments   6 

Lavoie,  Chanel  L.,  in  favor  of 727 

Law  enforcement  manual,  appropriations 202 

Law  library,  state  library  function 13 

League  of  N.  H.  arts  and  crafts,  appropriations 195,  292 

Lease,  privileges  and  concessions  in  state  forests  and  reservations 140 


878                                                      Index  [1963 

Lebanon  district  court 701 

Legal  investments,  banks 36 

bonds  of  municipal  transit  authority 579 

guardians  or  conservators   60 

savings  banks    124,  125 

Legislative  council,  appropriations  190,  288 

reference  service,  state  library  function 13 

services,  advanced  drafting 609 

assistants    122 

appropriations   609 

director    607 

notice  to  municipalities  of  bills  affecting 609 

Legislature,  see,  General  court 

Lending  institutions,  report  to  bank  commissioner  of  shortage  of  funds  ....  125 

Leptospirosis  testing,  appropriations    199,  297 

Libraries,  advisory  council 716 

construction  fund   718 

development  program    715-719 

districts    716 

grants-in-aid  to  rural,  appropriations 245,  239 

interstate  library  compact 89-95 

public  libraries,  new  chapter 37-42 

service  centers   716 

trustees    • 38,  39 

see  also,  Public  libraries 
State  library 

Liens,  attachment,  duration   394 

charitable  corporations,  gift  of  articles  to 36,  37 

cleaning,  pressing,  glazing,  laundering  or  dyeing,  storage 36,  37 

internal  revenue  taxes,  fees  for  recording  and  discharge 54 

storage   36,  37 

Life  insurance,  county  employees 121,   122 

data  processing  systems 61 

deposit  of  securities  by  domestic  companies 62,  63 

group  insurance  for  municipal  employees 76,  77 

public  employees  associations 83 

real  estate  holding  by  domestic  companies 63 

reserves    62 

Lincoln  School  District,  transfer  of  capital  reserve  fund 753,  754 

Lincoln-Woodstock  Cooperative  School  District,  transfer  of  capital  reserve 

fund  of  Lincoln  School  District 753,  754 

Linotype,  intertype  machine,  state  prison 462-471 

Liquor  commission,  appropriations,  capital  improvements 462-471 

general    267,  361 

purchases    711,  712 

see  also,  Alcoholic  beverages 

Lisbon  village  district,  dissolved   792,  793 

Littlefield,  Leon  J.,  in  favor  of  estate 729 

Littlehale,  Albert,  in  favor  of 733 

Littleton  district  court 701 

legalizing  action  of  special  meeting 752 

parking  district,  submission  to  voters 773,  774 

sewage  and  waste  treatment  plants 737 

sewers  737 

special    tax    737,  738 

Livestock  diseases,  vaccination  cost 460 


1963]                                                  Index  879 

Loan  associations,  report  to  bank  commissioner  of  shortage  of  funds 125 

Local  option,  cities 520-543 

Loranger,  Alfred,  in  favor  of 731 

Lovell  Lake,  Salmon  Falls  River  headwaters 389 

Lumber,  laying  out  rights  of  way  for  removal  of 519 

Lyman,  reclassification  of  highways   12 

Madbury,  zoning  proceedings  legalized  788 

Mailing  division,  appropriations 197,  294 

Manchester  adoption  of  charter 856 

airport  authority  838 

appropriations  and  tax  levy 830 

armory,  capital  improvements   462 

board  of  aldermen   819-823 

assessment  review    827 

registrars    847 

bonds   834 

budget  and  finance 828 

budgetary  control   832 

capital  budget    829 

city  assessors 827 

charter     815-856 

clerk     823 

treasurer    826 

department  of  education 824 

development  department 837 

district  court    699 

elections     849 

finance  commission   542 

department 825 

fire  department   839 

highway  classification   760 

industrial  division 838 

law  department  824 

library  trustees 843 

licenses  and  fees   834 

mayor     816 

miscellaneous  charter  provisions 852 

moderators,  compensation  767 

municipal   court    823 

operating   budget    828 

parks  and  recreation 842 

personnel     844 

planning  board   837 

police  commission,  appointment  539,  540 

department,  extra  pay 758 

five  day  week 770 

generally    840 

primary  election    757,  758 

property  in  trust 834 

public  health   846 

welfare  846 

public  works  department   840 

purchasing     835 

referendum   856 

repeal  of  prior  charter  provisions 854 


880                                                      Index  [1963 

salaries  of  mayor,  aldermen  and  school  committee 780,  781 

Savings  Bank,  charter  amendment   783 

tax  anticipation  notes 833 

technical  institute,  appropriations,  capital  improvements 463 

transitory  charter  provisions 852 

water  works    841 

weights  and  measures  sealer 847 

Markets  and  standards,  division  of,  appropriations 199,  296 

Marlboro,  zoning  proceedings  legalized 788 

Marriage  counseling  referral  service,  voluntary  applications 391 

Marsh,  Harry  N.,  in  favor  of 733 

Martel,  Edward,  in  favor  of 732 

Louis  I.,  in  favor  of 733 

Mary  E.  Hunt  home  for  aged  women 813 

Mascoma  Savings  Bank,  charter  amendment 784 

Valley  Regional  School  District 749,  750 

Mastitis  control,   appropriations   199,  297 

Maternal  child  health,  appropriations 207,  303 

Masson,  Bertlia  F.,  in  favor  of 725 

Mathews,  Edward  R.,  conveyance  of  land  to 731 

McAllister,  Arthur,  in  favor  of 732 

McGrath,  Jas.  F.,  in  favor  of 732 

Medical  examiners  board,  per  diem 63,  64 

referees,  fees 58,  59 

Medicine,  board  of  registration,  appropriations 227,  322 

physical  therapy   126 

Mental  health  director,  transfer  of  patients  between  Laconia  state  school 

and  state  hospital   430,  431 

division  of,  appropriations 217,  225,  313,  320 

Meredith,  placing  question  on  zoning  ordinance  and  building  code  on  ballot  751 

Merrimack  County  district  courts 698 

valley   flood,   appropriations    237,  331 

Mileage  allowance,  general  court,  generally  586 

1959  session  732 

clerk    123 

rate,  state  employees 585 

Milford  district  court 699 

Milk  control,  division  of,  appropriations 200,  297 

sanitation  board    594 

code,  analysis  595 

definitions    592 

license  595-597 

powers,  enforcement   600,  601 

producer  permit 597 

rating    599 

regulations,   inspections    598,  599 

Milton,  legalizing  election  of  officers 764 

Three  Ponds,  Salmon  Falls  River  headwaters 389 

Minimum  wages,  hourly  rate,  wage  board 384,  385 

Minors,  bonds  of  guardian,  parent  or  next  friend 646 

employment  by  wholesaler  of  alcoholic  beverages 607 

extradition    153,   154 

operation  of  motor  boats 121,  122 

purchase  of  homestead  by  guardian 148 

settlement  of  suits  646 

transfer  from  industrial  school,  judicial  review 155 


1963]                                                  Index  881 

Mirror  lake  dam,  acquisition 393 

capital  improvements  462-471 

Mobile  home  standards 120 

taxation   133 

Montgomery,  Wm.,  in  favor  of 733 

Mont  Vernon,  zoning  proceedings  legalized  788 

Morris,  Edward  W.,  estate,  in  favor  of 732 

salary    720 

Motor  boats,  see.  Boats 

Motor  carriers  of  passengers,  insurance  114,  115 

property,  insurance   114 

private  carriers  defined    512 

regulation    512 

taxation  of  buses,  proration  and  reciprocity  agreement 450-456 

motor  fuels  consumed  by  interstate  buses 457-460 

fuel  road  toll  612 

taxation  of  fuels  consumed  by  interstate  buses 457-460 

vehicles,  agricultural  vehicles,  radius  of  operation 166 

buses,  taxation  and  reciprocity  agreement 450-456 

of  motor  fuels  consumed  by  interstate  buses  457-460 

carriage  of  household  goods  for  hire,  regulation 504-509 

carriers  of  property  512 

coasting 694 

conduct  after  accident    688 

crossing  fire  hose   694 

definitions     694 

division  of,  appropriations 238,  333 

road  toll  administrator,  administrator  of  compact 
for  taxation  of  motor  fuels  consumed  by  inter- 
state buses    457-460 

driving  on  right  side,  overtaking,  passing 674 

emergency   lights    481 

vehicles    695 

equipment  safety  compact   471-479 

financial  responsibility,  form  of  security 502,  503 

installment  payments  502 

method  of  giving  proof 501 

proof  required  upon  conviction  of 

violation    502 

fire  apparatus,  following 694 

four  or  more  axles 175,  1 76 

gross  weight 384 

house  trailers,  riding  in   693 

initial  plate  fees,  use  for  driver  training  courses 123 

intoxication    688 

junk  license  fees Ill,  112 

license,  certified  copy,  fee 166 

revocation,  suspension    689 

miscellaneous  rules  of  road 693 

nonresident  registration    116,  117 

obedience  to  and  effect  of  traffic  laws 670 

operation,  conduct  toward  blind  persons 57 

operator's  license,  expiration  notice   167 

members  of  armed  forces,  repeal  of  pro- 
visions      167 

re-examination    516 


882                                                      Index  [1963 

revocation  for  third  offense 423 

unlawful  uses  and  practices,  penalty  ...  133,  134 

pedestrian's  right  of  way   679 

reckless  driving 688 

registration,  agricultural  permit,  radius  of  operation 166 

bus  taxation  and  reciprocity  agreement 450-456 

certified  copy,  fee   166 

dealer   plates    517 

household  goods  carrier 509 

fees,    trailer   mounted   with    substation,    trans- 
former, equipment   61 

household  goods  carrier 508,  509 

nonresidents,  highway  building  equipment  or 

vehicles  not  ordinarily  used  on  highways  ...  116,   117 

trailers 57,  58 

right  of  way    678 

road  tolls   612 

rules  of  road 670-695 

sale  of  unsafe  vehicles  by  dealer 517 

school  bus  rules  of  road  685 

special   stops    682 

speed,  civil  actions,  effect  on 688 

generally    686-688 

stopping,  standing,  parking 691 

throwing,  depositing  or  dumping  refuse 694 

traffic  signs,  signals  and  markings 671 

transporter  registration,  plates   461,  462 

turning,  starting,  stopping 681 

vehicle  equipment  safety  compact   471-479 

weight  and  size  limitations,  5-axle  vehicles 175,  176 

width  and  length    175,   176 

Mount  Saint  Mary  College,  amendment  of  charter 754 

Mount  St.  Mary's  Convent  of  the  Sisters  of  Mercy,  amendment  of  charter  and 

change  of  name 754 

Mt.  Sunapee  ski  rates  for  residents 447 

Mount  Washington  Observatory,  in  favor  of 730 

Movers,  carriage  of  household  goods  for  hire,  regulation 504-509 

Municipal   accounting,    appropriations      270,  363 

corporations,  agreements  between  government  units 542,  543 

courts,  abolished   710-711 

administrative  committee,  appropriations 193,  291 

clerks,  disqualification    22 

surety  bonds   34 

courtroom  requirements    6,  7 

criminal   cases    711 

fines,  disposition    653 

justices,  disqualification   22 

Portsmouth,   clerks'   salaries    9 

justices'    salaries    8 

special  justices,  compensation   100,  101 

Rochester,  salary  of  justices  482 

special  justice    483 

Finance  Act   134,  135 

lighting  plants,  agreements  between  government  units 542,  543 

transit  authority  generally   575-582 

Municipalities,  historic  districts 159-161 


1963]                                                  Index  883 

subdivision  of  land    145,  146 

water  supply,  taking  land  by  village  districts  for  water  works  178 
see  also,  Towns;  Cities 

Mussels,  removal  from  Seabrook  middle  grounds 647 

Narcotic  Drug  Act,  Uniform 544-555 

Nashua  airport  authority    789,  790 

district  court 699 

housing  authority,  early  land  acquisition   857,  858 

pension   plan    793 

police  commission,  appointment    539,  540 

National  defense  education  act,  appropriations 257,  350 

forest,  see,  White  Mountain  National  Forest 

guard,    appropriations    194,  291 

rifle  range,   appropriations    194,  291 

Native  farm  products,  use  of  term 143 

Navigational   aids,   appropriation    462-471 

Neil  R.  Underwood  bridge,  appropriations 284,  377 

Newbury,  transfer  of  parcel  of  land  to 19 

New  Castle,  zoning  proceedings  legalized   788 

New  England  board  of  higher  education,  appropriations 195,  292 

Conference  of  Governors,  appropriations  192,  289 

Council  World's  Fair  Corporation,  contract  with 25,  26 

interstate  water  pollution  commission,  appropriations 211,  309 

Newfound  area  cooperative  school  district,  establishment 758,  759,  761 

school  district  meeting  legalized 774 

Lake,  classification  of  water 96 

New  Hampshire  apprenticeship  council,  appropriations 230,  325 

Centennial  Home  for  the  Aged,  amendment  of  charter  .  .  .  755 
College   of  Agriculture   and   Mechanic  Arts,   government, 

trustees    617 

powers    618-620 

Congregational-Christian    Conference,    amendment   of   act 

incorporating    756 

distributing  agency,  appropriations   197,  294 

Higher  Education  Assistance  Foundation  guaranteed  loans, 

investment  by  savings  banks   656 

Hospital,  permit  to  fish 75 

state  hospital  renamed   33 

Life  Insurance  Company,  use  of  name  762 

military  academy,  appropriations   195,  292 

municipal  association,  state  employees  retirement  system.  .  615,  616 

Savings  Bank  of  Concord,  in  favor  of 736 

School  Building  Authority   566-575 

state  port  authority,  appropriations 236,  331 

department    of    resources    and    eco- 
nomic development    165 

powers   164 

transfer   repealed    165 

technical  institute.  Concord,  appropriations   259,  353 

Manchester,  appropriations    258,  352 

Portsmouth   appropriations    259,  352 

Veterans  Association,  in  favor  of 722 

New  Hampshire,  My  New  Hampshire,  second  state  song 390 

New  Hampton,  cooperative  school  district 758,  761 

Newington,  sale  of  alcoholic  beverages  in  first  class  restaurants,  referendum  53,  54 


884                                                    Index  [1963 

Newport  district  court 700 

Savings  Bank,  charter  amendment 785 

Newton,  classification  of  highway 762 

New  York  World's  Fair,  participation   25,  26 

N.  H.  College  of  Accounting  Sc  Commerce,  degrees 781 

Niswander,  G.  Donald,  appropriations    221,  317 

North  country  technical  institute,  appropriation,  capital  improvements  ....  463 

Northeastern  regional  conference,  attorney  general,  appropriations 202 

Notice  to  appear,  motor  vehicle  speed  violations 688 

Nurse  scholarship  program,  appropriations 510 

Nursing  education  and  nurse  registration,  board  of,  appropriations 258,  352 

public  health,  appropriations 205,  302 

Oakes  Estate,  Lovell  V.,  in  favor  of 733 

Occupational  health,  appropriations 208,  304 

Office  building,  bonds   161,  162 

machinery,  maintenance  of 287 

Old  age  assistance,  appropriations 215,  311 

Optometry,  board  of,  appropriations 244,  338 

Ossipee  district  court  698 

Outdoor  advertising,  interstate  highway  system 3 

O'York,  Patrick  N.  H.,  salary 719 

Paine,  Edna  M.,  in  favor  of 735 

Parks,  agreements  between  government  units 542,  543 

Parks  division,  appropriations   235,  329 

director,  right-of-way  board   385 

expansion  of  state   590 

Partnerships,  certified  public  accountants 426-430 

Passenger  tramway  devices,  operator  as  common  carrier 605 

safety  board,  director  of  safety  services  substituted  for 

commissioner  of  public  works  and  highways  as  member  51 

expiration  of  registration    51,  52 

penalty  52 

registration,  time  of  application 51 

submission  of  plans 52 

transfer   from   department  of  public  works  and 

highways  to  department  of  safety 51 

Peaslee  Estate,  Bert  L.,  in  favor  of 733 

Penacook  school  district,  dissolution 809,  810 

Percy  Ponds,  motor  boat  operation 60 

Pesticide  chemicals    179-181 

control,  interim  committee,  appropriations 503,  504 

Peterborough  district  court  699 

Pettigrew,  Jas.,  in  favor  of  732 

Pharmacy  commission,  appropriations    227,  322,  555 

commission  of  pharmacy  and  practical  chemistry,  clerical  and  in- 

spectional  services   71 

compensation .  71 

examination  fees   71 

Fund 71 

permit  fee   72 

Uniform  Narcotic  Drug  Act  544-555 

Pheasants,  season  631 

Photostat  division,  appropriations   242,  336 

Physical  Therapists  Practice  Act 126-129 


1963]                                                Index  885 

Physical  therapy,  advisory  committee 129 

board    126 

definitions   126 

examination    127,  128 

registration 126,  127 

repeal  of  prior  provisions 129 

Physicians  and  surgeons,  emergency  treatment,  immunity  from  liability  ....  482 

examination,  second,  fee   7 

Pinkerton  Academy,  trustees 815 

Pittsfield  dam  acquisition    142,   143 

capital   improvements    462-471 

Savings  Bank,  charter  amendment 784 

Plaistow  district  court   697 

Plant  disease  suppression  and  control,  division  of,  appropriations 200,  297 

Plymouth  district  court 701 

state  college,  designated   616 

dormitory  and  other  rentals 618,  619 

government,    trustees    617 

purposes,  laws  applicable,  courses,  degrees 617 

salary  adjustment,  appropriations 622 

state  employees  personnel  system 622 

trustees,  powers  618-620 

teachers  college,  appropriation,  capital  improvements 462-471 

general    262,  355 

dormitory  bonds 161,  162 

nursery  school  program   264,  358 

renamed   616 

reports    287 

retirement   benefits    621 

salary  of  president 622 

scholarships,  condition  precedent    262,  356 

transfer  of  funds,  etc 620,  621 

village  fire  district,  sewerage  system 738,  739 

zoning  proceedings  legalized   788 

Podiatry,  appropriation   499 

change  of  nomenclature  from  chiropody 499 

fees    499 

Poisons,  bird  control 166 

Police  commissions,  appointment 539-541 

Policemen's  retirement  system,  additional  allowances 95,  96 

amendments  437-443 

appropriations    273,  366,  443 

deduction  from  monthly  benefit  of  monthly 
premium  for  insurance  or  hospitalization 

group  plan   55 

Police  officers,  agreements  between  government  units 542,  543 

see  also,  State  police 
Port  authority,  see,  New  Hampshire  state  port  authority 

Portsmouth  city  charter  amendment,  officers,  elections,  compensation 785-786 

district  court    696 

municipal  court,  clerk's  salary 9 

justice,  compensation   8 

special  justice,  compensation  100,  101 

naval  personnel,  hunting  and  fishing  licenses 649 

personnel  advisory  board   766,  767 

police  commission,  appointment 539,  540 


886                                                      Index  [1963 

compensation   780 

Savings  Bank,  charter  amendment  782,  783 

technical  institute,  appropriations,  capital  improvements 463 

Posting  land,  uncultivated  land 503 

Poultry  dealers,  licensing  of  live,  appropriations 201,  297 

Practical  nursing,  Exeter  hospital  school  of  practical  nursing,  appropriations  255,  349 

Pressing,  lien  on  articles 36,  37 

Primary  elections,  ballots,  number  to  be  printed 66 

party  registration   31 

Prisoners,  delivery  of  articles  to 189,  190 

escape,  penalty 109 

Prisons,  state  prison,  appropriations 250,  343,  462-471 

Probate  court,  account,  approval  without  personal  attendance  of  accountant  148,  149 

acting  judge,  compensation   112,  113 

administrative  committee,  appropriations   193,  291 

appropriations     193,  290 

vacancies     113 

practice,  bond  of  guardian 148 

guardian  ad  litem,  authority  to  waive  notice 147 

guardians  of  person,  duties 148 

minors  not  under  guardianship,  payment  to 147,   148 

perpetual  care  of  cemetery  lot,  notice 147 

purchase  of  homestead  with  minor's  funds 148 

repeal  of  certain  provisions  149 

sale  of  real  estate,  notice 147 

Probation,  board  of,  appropriations 264,  358 

department,  appropriation,  additional   645 

Professional  engineers,  board  of  registration,  appropriations 244,  338 

Psychologists,  board  of,  appropriations 244,  338 

Public  access  to  recreational  waters,  rights  of  way 385,  386 

Publications,  deposit  with  state  library 17 

Public  health,  convalescent  care  and  clinics,  appropriations 207,  304 

investigation  of  ability  of  pa- 
tients to  pay   207,  304 

nursing,  appropriations 205,  302 

putrescible  material,  removal,  transportation  and  disposal  . .  20,  21 

services,  division  of,  appropriations 203,  300 

radiation  control  program   415-422 

removal,  transportation  and  disposal  of 

putrescible  material   20,  21 

narcotic  drug  licensing  546 

librarian   40 

libraries,  annual  reports 39 

custody  of  town  publications 41 

discontinuance     41 

generally   37-42 

repeal  of  prior  law 42 

trust  funds   41,  42 

library  development  fund    718 

see  also,  Libraries 

State  library 

utilities  commission,  appropriations 268,  362 

assessment  for  expenses 648 

carriage  of  household  goods  for  hire  by  motor 

vehicles    504-509 

municipal  transit  authority 581 


1963]                                                  Index  887 

waters,  access 385,  386 

works  and  highways,  appropriations 277,  371 

Beaver  Brook  Flood  Control  Project 189 

commissioner,  access  roads  to  ski  developments  101 
Hampton    channel    and    beach 

erosion  control    712-715 

maintenance  and  repair  projects 

on  request  of  cities  or  towns  69,  70 
state    depart- 
ment or  institu- 
tion    69,  70 

national  forest  funds,  expendi- 
ture      131 

study  of  assumption  by  state  of 

bridges  on   class  II   highways  515 
department,  access  roads  to  Willard  Basin  and 

Ragged  Mountain  Corporation  ski  area  ....  650-653 

appropriations    273,  367 

capital  improvements,  duties   . .  .  469,  470 
passenger  tramway  safety,  transfer 

of  functions    51 

resources  development  council  . .  614 
temporary     employees,     classifica- 
tion     98 

disposal  of  papers  and  records 10 

see  also,  Highways 

division,  appropriations,  capital  improvements 462-471 

general    273,  367 

minimum  wages 588-590 

Purchase  and  property,  division  of,  appropriations 196,  293 

state  library  building  and  grounds  ....  18 

Purchases,  books  and  periodicals 58 

Pure  foods  and  drugs,  color  additives 179-182 

definitions    1 79 

food  additives 179-182 

pesticide  chemical   179-181 

Purington,  James  A.,  in  favor  of  estate 729 

Putrescible  material,  removal,  transportation  and  disposal 20,  21 

Queen  of  Peace  College,  powers  increased 753 

Rabbits,  artificial  coloring 115 

sale,  gift  or  display 115 

Racing  commission,  appropriations 268,  362 

harness,  appropriations  269,  362 

see  also,  Sweepstakes 

Radiation  control  agency,  state 417 

program    415-422 

Radiological  courses  and  training  at  federal  schools,  appropriations 272,  365 

Railroad  crossing,  private  crossings  used  by  public 52,  53 

locomotive  spark  arrester 108,  109 

Rates  and  charges,  carriage  of  household  goods 507 

Real  estate  brokers,  licensing,  examination,  conduct,  hearings 513,  514 

Records  management  and  archives,  appropriations 197,  294 

public  works  and  highways  records  ....  10 

Recounts,  elections   444,  445 


888                                                      Index  [1963 

Recreational  facilities,  bonds  and  interest,  appropriations 236,  330 

promotion,    and   purposes,    agreements   between   government 

units     542,  543 

waters,  access   385,  386 

Redevelopment,  Industrial  Park  Authority 138 

projects,  vacant  or  predominantly  vacant  land 117-119 

Reed,  Fred  and  Esther,  in  favor  of 728 

Refuse,  throwing,  depositing,  dumping 694 

Regional  associations,  state  employees  retirement  system 615 

schools,  AREA   555-556 

Register  of  deeds,  fees  for  recording  and  discharge  of  liens  for  internal  reve- 
nue  taxes    54 

lease  of  privileges  and  concessions  in  state  forests  and  res- 
ervations, recording 140 

line   agreements    1 56 

see  also  particular  county 

Reports,  deposit  with  state  library 17 

Research  analyst,  assistants  for 287 

Resources  and  development,  commissioner,  sale  of  land  to  Intervale  Ski  Area 

Inc 112 

council  established    613,  614 

economic  development,  appropriations 231,  326,  605 

commissioner,    conservation    commis- 
sion assistance   152,  153 

leasing  of  privileges 
and  concessions,  re- 
cording      140 

department,  port  authority 165 

resources    development 

council    614 

purchase  of  supplies  391 

Resources  development,  division  of,  appropriations 231,  326 

resources  development  council  614 

Restaurants,  cocktail  lounges   388 

toilet  facilities    6 

Retarded  children,  cost  of  education 167,  168 

Retirement,  see  particular  retirement  system 

Revised  Statutes  Annotated,  pocket  supplements 85 

revision  of  vol.  2 84 

Right-of-way  board,  recreational  waters 385,  386 

Rindge,  zoning  proceedings  legalized 788 

Riverside  Rest  Home  superintendent,  tenure,  vacancy 153 

Roads,  see.  Highways 

Road  toll 612 

Rochester  curfew  regulations  165,  166 

district  court  697 

municipal  court,  salary 482 

special  justice    483 

Rockingham  county  attorney,  salary 80 

commissioners,  salaries   79 

deputy  treasurer 78,  79 

district  courts   696 

register  of  deeds,  salary,  fees,  assistants,  application  of 

statutes    383 

sheriff,    salary    114 

treasurer,  salary    5 


1963]                                                  Index  889 

Rollins,  Arthur  S.,  in  favor  of 732 

Room  assignments,  committee  for 287 

Rules  of  the  road  670-695 

Russian-Japanese  Fund    722 

Ryan,  Joseph  W.,  in  favor  of 721 

Rye  Harbor  Reservation,  conveyance  to  town 143,  144 

highway  right-of-way  to  Resei-vation 144 

relocation  of  road 857 

water  district,  bonds  and  notes  of 757 

Safety  commissioner,  vehicle  equipment  safety  commissioner,  as 478 

department,  appropriations,  capital  improvements 462-471 

general    238,  332 

initial  number  plates  for  boats 154,  155 

passenger  tramway  safety 51 

services,  director,  Young  Boaters  Training  Fund 155 

division  of,  appropriations   241,  335 

motor  boats  on  small  ponds 105,  106 

St.  Pierre,  Angeline  M.,  in  favor  of 733 

Salem  district  court 697 

zoning  proceedings  legalized   788 

Salmon  Falls  River  dam,  capital  improvements 462-471 

headwaters,  water  rights,  dams   389 

Sanatorium,  see,  State  sanatorium 

Sanborn,  Ralph,  in  favor  of 733 

Sandwich  School  District,  annexed  to  Inter-Lakes  Cooperative  District 788,  789 

Sanitary  engineering,  appropriations   209,  305 

Sanitation,  putrescible  material,  removal,  transportation,  disposal   20,  21 

toilet  facilities  in  food  establishments 6 

Savings  banks,  amendment  of  cliarters  of  various  banks 782-785 

bank  buildings  655 

deposits  in  national  bank  or  trust  company 157,  158 

educational  loans 656 

investments    654 

legal   investments    36,  124,  125 

mortgage  ratio    656 

prudent  man  rule   656 

real  estate  investment 654 

reserves     655 

see  also,  Banks 

Scholarships,  appropriations  258,  352 

nurses,  appropriations   510 

Schools,  authorized  regional  enrollment  area,  aid 563,  564 

application  of  school  laws  . . .  561 

board   meetings    562 

construction     562 

conversion  to  cooperative   . . .  565 

definitions    555 

discontinued  schools   563 

enlargement    564,  565 

loans   563 

policy  and  standards 557 

procedure    558 

property  562 

building  aid,  appropriations   254,  346,  724 

generally    573-575 


890  Index  [1963 

authority  566-575 

buses,  rules  of  road  685 


signs 


685 


districts,  abolished  131 

budget    108 

business  administrators 625,  626 

cooperative,  aid   573 

appraisal  of  property 493 

budget     493 

committee    494 

date  of  operating  responsibility 490 

eminent  domain   498 

five-year  period  reconsideration   493 

increase  in  powers  497 

Inter-Lakes  district  proceedings  legalized  . . .  788,  789 

Lancaster- Whitefield     760 

legalizing  meeting  held  at  Lancaster,  May  14, 

1963    769 

Newfound  area 758,  759,  761 

new  territory  495 

powers     489,  492 

procedure    483 

revision  of  law   483-498 

standards     491 

superior  court  powers 498 

taxation     494 

election  of  officers  at  town  meeting 188 

financial  reports  to  tax  commission,  computation  of  tax 

rate   107,  108 

foundation  aid,  time  of  computation 445,  446 

liability  for  elementary  and  junior  high  tuition 591,  592 

per  capita  tax  repealed 103,  104 

special  aid  to,  appropriations 253,  346 

state  supervision,  tax  repealed 103,   104 

supervision  expense    626 

sweepstakes  proceeds    49,  50 

treasurer's  duties   74 

Wentworth's  Location    177 

workmen's  compensation   661 

education  of  deaf,  appropriations 254,  348 

elementary  school  defined   591 

intellectually  retarded  children,  appropriations 255,  348 

junior  colleges    622 

lunch  and  milk  programs,  appropriations 255,  348 

national  defense  education  act,  appropriations 257,  350 

New  Hampshire  School  Building  Authority,  aid 573,  574 

appropriations    575 

approval    568,  569 

loans     569-573 

purpose,  definitions  .  .  566-568 

rules    and    regulations  572 

reports,  deposit  with  state  library 17 

retarded  children   167,  168 

scholarships,   appropriations    258,  352 

Smith-Hughes  and  George-Barden,  appropriations 254,  347 

state-wide  supervision,  appropriations 254,  347 


1963]                                                Index  891 

supervisory  union,  workmen's  compensation  661 

tax  in  unorganized  places  or  towns  where  district  abolished 130-132 

towns  where  school  district  has  been  abolished  by  legislature 130,  131 

Unincorporated  places   130,  131 

see  also,  Education 

Industrial  school 

Seabrook,  legalizing  annual  meeting 747 

Seabrook-Portsmoutli  toll  road,  appropriations   281,  374 

Seals,  corporation    32 

Secretary  of  state,  appropriations 241,  335 

bonds  for  construction  at  University  of  New  Hampshire  24,  102, 

103,  169,  170 

election  printing 19 

RSA,  revision  of  vol.  2 84 

supplements 85 

Security  interest,  fraudulent  dealing  with  property  subject  to 10,  11 

Selectmen,  laying  out  rights  of  way  for  removal  of  lumber 519 

Senate,  clerk  of,  appropriations 287,  379 

counsel,  employment    379 

see  also,  General  court 

Sendee  exemption   649 

Settlement  of  suit  of  minors 646 

Sewage  disposal,  agreements  between  government  units 542,  543 

see  also.  Water  pollution 

minimum  treatment  standards 42,  43 

removal,  transportation  or  disposal  of 20,  21 

treatment  plants,  hauling  sludge 21 

Sewers,  agreements  between  government  units 542,  543 

Sheehy,  Thos.  R.,  in  favor  of 733 

Sidewalks,  agreements  between  government  units 542,  543 

assessing   abutters    96,  97 

Ski  developments,  access  roads  to 101 

Intervale  Ski  Area,  Inc.,  sale  of  land  to 112 

rates  at  state-owned  facilities 446,  447 

see  also.  Passenger  tramway  safety 

Small  Business  Administration  loans   654 

Snow,  Conrad  E.,  in  favor  of 733 

removal,  compensation  of  employees 407,  408 

Society  of  professional  engineers,  restraint  of  violations 605 

Soil  conservation,  appropriations,  capital  improvements 462-471 

districts    (ten) ,  appropriations   201,  298 

Soldiers  home,  appropriations   248,  342 

permit  to  fish 75 

Somersworth  board  of  water  commissioners 810,  811 

district  court 697 

police  commission,  appointment 539,  540 

salaries  of  city  council  777 

Savings  Bank,  charter  amendment 783 

sewerage  system   811,  812 

Souhegan  river  soil  conservation,  flood  prevention 462-471 

Spaulding  turnpike,  appropriations   281,  375 

debt  service 81,  82 

SPD  Realty  Corporation,  in  favor  of 737 

State  athletic  commission,  appropriations 243,  337 

board  of  education,  state  library  commission 14-18 

council  on  aging,  appropriation   68 


892                                                      Index  [1963 

employees,  appropriation,  group  insurance  659 

group  insurance 657-659 

mileage  rate,  appropriations 585 

generally 585 

personnel  system,  Keene  state  college 622 

Plymouth  state  college    622 

retirement  system,  appropriations  272,  366 

deductions    from    monthly    benefit    of 
monthly  premium  for  insurance  or 

hospitalization  group  plan   1 

employees  of  regional  associations  . .  .  615 
New  Hampshire  municipal  association 

employees     615,  616 

retirement  age 635,  636 

seasonal    632,  633 

temporary    632,  633 

entomologist,  appropriations   200,  297 

forests  and  reservations,  leasing  of  privileges  and  concessions,  recording  140 

historical  commission,  appropriations 197,  294 

assistance   and   consultation   with   forestry   and 

recreation  commission   614 

hospital,  appropriations,  capital  improvements 462-471 

deficiency    724 

generally    220,  316 

renamed  New  Hampshire  Hospital 33 

reports    287 

transfer  of  patients  to  Laconia  state  school 430 

house  annex  renovation 463 

dome,    rehabilitate    462 

elevator  replacement   463 

hall  of  flags  repairs 463 

renovation     463 

walks,  replacement  462 

junior   colleges    622 

librarian,   assistant    17 

generally    14,  16,  17 

interstate  compact  administrator  95 

library,   appropriations    244,  339 

commission,   creation    14 

interstate  library  compact 95 

library  development   712-719 

deposit  of  official  reports  and  publications 17 

federal  aid    15,  16 

general  provisions,  repeal  of  prior  provisions 13-18 

purchase  of  books  and  periodicals  for  all  state  agencies 58 

report  to  governor   14 

walks  replacement 462 

State  liquor  commission  purchase  of  liquor 711,  712 

military  reservation,  Concord,  appropriations 194,  292 

Grenier  air  force  base,  appropriations  194,  292 

parks  division,  resources  development  council 614 

expansion    590 

reimbursement  of  cities  or  towns  for  tax  losses 631,  632 

police,  appropriations   239,  334 

employees,  cruelty  to  animals,  enforcement 54,  55 

ranks  and  qualifications   140,  141 


1963]                                                  Index  893 

restrictions  in  municipalities   109,  110 

prison,  appropriations,  capital  improvements  462-471 

general   250,  343 

real  property,  inventory   724,  725 

sanatorium,  appropriations,  capital  improvements 462-471 

general    210,  306 

song,   second    390 

treasurer,  bonds  for  construction  at  University  of  New  Hampshire  ...  102 

checks  outstanding,  cancellation,  disposition  of  funds 72 

head   tax    46 

treasury,  appropriations    246,  340 

trust  funds,  appropriations 246,  340 

veterinarian,   appropriations    199,  296 

Stinson  Lake,  motor  boat  operation 60 

Stock  in  trade  tax 443 

Stone,  Lloyd  H.,  Sr.,  in  favor  of 733 

Strafford  County  district  courts 697 

farm,  superintendent,  tenure,  vacancy 153 

Savings  Bank,  charter  amendment 782 

Street  lighting  or  sprinkling,  agreements  between  government  units 542,  543 

Subdivision  of  land,  municipal  powers   145,  146 

Subversive  investigation,  appropriations 201,  298 

Sullivan  County  district  courts 700 

Estate,  Thomas  F.,  in  favor  of 732 

Summons,  motor  vehicle  speed  violations 688 

Superior  court,  appropriations  192,  290,  500 

cooperative  school  districts,  powers 498 

fees    399,  400 

jurisdiction     711 

justice,  additional   499 

stenographers    500 

Supervisors  of  checklist,  see.  Elections 

Supplements,  RSA 85 

Support  of  spouse  34,  35 

Supreme  court,  appropriations   192,  290 

legal  stenographer  II,  appropriation 9,  10 

Surgeons,  see,  Physicians  and  surgeons 

Surplus  property,  appropriations 198,  295 

Swanzey,  zoning  proceedings  legalized 788 

Sweepstakes,  authorization    49 

bond 48 

commission,  amendment   380 

authorization    381 

bond  381 

duties    380 

generally    48-50 

rules  and  regulations  381 

compensation  of  commission   48 

constitutionality  382 

disbursements   49 

expense    286 

local  option    50 

location  of  commission  office  48 

proceeds 49,  50 

report  49 

rules  and  regulations 49 


894                                                      Index  [1963 

special  taxes  382 

Tamworth,  John  Albee  Memorial  Forest  Reservation 731 

gifts  to  town  of  756 

Tax  abatement,  application  for 406 

apportionment,  towns  408-415 

aviation  facilities,  exemption    67,  68 

bills,  time  of  notice  of 107 

bond  and  debt  retirement  tax 642 

bus  taxation  and  reciprocity  agreement 450-456 

collector,  bond  for  head  tax 47 

time  of  sending  tax  bills 107 

commission,  appropriations   269,  363 

average  rate  of  taxation   106,  107 

school  district  taxes 107,  108 

foundation  aid,  equalized  valuation   446 

taxes   in   unorganized  places,   towns  where  school 

districts  have  been  abolished 130,  131 

town  appropriations,  duties  relating  to   106 

village  district  taxes 107 

Wentworth's  Location  school  tax   177 

computation  of  rate  by  commission 106,  107 

disabled  veterans    156,  157 

draft   animals    646 

exemption,  aviation  facilities    67,  68 

Belknap  county  recreational  area 814,  815 

Contoocook  river  properties   624 

Mirror  Lake  Dam 393 

municipal  transit  authority   581 

Salmon  Falls  River  headwaters 389 

service    649 

veterans,  widows 156,  157 

goats    646 

head,  see,  Head  tax 

hogs   646 

house   trailers    133 

inheritance,  exemption  of  property  passing  to  adopted  grandchild  ....  98,  99 

internal  revenue  tax  liens,  fees  for  recording  and  discharge 54 

list,  time  of  delivery  to  collector 107 

livestock    645,  646 

mobile  homes   133 

motor  fuels  consumed  by  interstate  buses 457-460 

vehicle  road  toll 612 

poultry    646 

prepayment    30,  31 

property  moved  after  April  1,  later  taxation 73 

re-assessments,    collection    516 

reimbursement  of  cities  and  towns  by  state  for  loss  of  taxes 631,  632 

school  districts,  cooperative,  certification  of  taxes 494 

schools  in  unorganized  places  or  towns  where  district  abolished 130-132 

service  exemption    43,  44,  47,  104,  105,  156,  157,  649 

sheep    646 

stock  in  trade   443 

timber  yield,  appeal  and  abatement 642 

bond  and  debt  retirement  tax  642 

certification  of  tax  assessed 644 


1963]                                                  Index  895 

distribution  of  normal  yield  taxes  in  unorganized  towns 

and  unincorporated  places  136 

expiration   date    642 

normal  yield  tax   641 

notice  of  cut 642 

report,  date 643 

tax  year  641 

trailers 133 

travel  trailers 133 

Teachers,  consultant  positions  264,  358 

retirement  system,  additional  allowances   431 

appropriations     273,  367,  432 

earnable  compensation  definition   65 

restoration  to  service   88 

Technical  institutes,  appropriations,  capital  improvements 463 

see  also,  New  Hampshire  technical  institute 

Television,  educational,  appropriation    479,  480 

expenses  736 

Throwing,  depositing,  dumping  garbage  or  refuse  694 

Tilton-Northfield  Fire  Precinct,  taxes   768 

Union  School  District,  membership  of  school  board 787 

Timber,  special  aid  to  heavily  timbered  towns,  appropriation 734 

yield  tax,  see,  Tax 

Tobin,  John  W.,  in  favor  of 732 

Toilet  facilities  in  places  where  food  is  served 6 

Towns,  agreements  between  government  units 542,  543 

apportionment  of  state  tax   407-414 

appropriations,  conservation  commission   152 

boards  of  health,  approval  of  sites  for  disposal  of  putrescible  ma- 
terial      20,  21 

caucuses    582,  583 

computation  of  tax 106 

conservation  commissions   151-153 

elections,  assistant  election  officials 586 

emergency  borrowing,  correcting  reference   135 

fire  prevention  codes 423,  424 

head  tax   4548 

highway  or  bridge  projects  performed  by  state  on  request,  status  of 

workmen  69,  70 

library  contracts  between  towns 717 

life  and  health  insurance  for  employees 76,  77 

meetings,  school  district  officers,  election 188 

mobile  home  and  travel  trailer  standards 120 

Municipal  Finance  Act 134,  135 

municipal  transit  authority   575-582 

officers'  associations,  dues  limitation   56,  57 

public  libraries   37-42 

reimbursement  by  state  for  certain  tax  losses 631,  632 

report,  conservation  commission  report   152 

tax  commission   106,  107 

special  aid  for  heavily  timbered  towns 734 

tax   prepayment    30,  31 

temporary  loans    135 

town  manager  plan,  revocation   87,  88 

transit  authority   575-582 

tree  warden,  removal  of  trees 137 


896                                                      Index  [1963 

warrants,  time  for  presentation  of  articles 97 

workmen's  compensation    661 

see  also.  Municipalities 
Tax 

Trading  stamp  division,  appropriations   243,  336 

Traffic  bureau,  appropriations 239,  334 

Trailers,   registration    57,  58 

travel,   standards    120 

Tramway  devices,  operator  as  common  carrier 605 

safety,  see  Passenger  tramway  safety 

Travel  allowance,  general  court 586 

state  employees    585 

trailers,   taxation    133 

Treasury,  see,  State  treasury 

Trees,  planting  shade  or  ornamental,  agreements  between  government  units  542,  543 

wardens,  removal  of  trees 137 

Trespass,  posting  lands  against  trespass 503 

Trucking,  carriage  of  household  goods  for  hire  by  motor  vehicle,  regulation  504-509 

see  also.  Motor  carriers 
Trust  companies,  see,  Banking 

funds,  public  libraries 41,  42 

Trustee  process,  bank  accounts  647,  648 

Tubercular  testing,  appropriations 199,  296 

Turner,  Arthur  F.,  in  favor  of 733 

Unemployment  compensation,  annual  earnings 183 

contingent  fund    186 

contribution   rate    184,  185 

disqualification     184 

holiday  pay,  repeal    183 

personnel     185,  187 

reciprocal   arrangements    187 

total  or  partial  unemployment 182,  183 

weekly  benefit  amount   183 

Uniform  laws,  commission  on,  appropriations 201,  298 

Narcotic  Drug  Act   544-555 

Union  Meadows  Pond,  Salmon  Falls  River  headwaters 389 

U.  S.  Naval  Shipyard  at  Kittery,  Me.,  hunting  and  fishing  license  for  person- 
nel      649 

University  of  New  Hampshire,  appropriations,  capital  improvements 462-471 

general    252,  346 

building  construction   169,  170 

finance  committee   158,  159 

fund,  appropriations 252,  346 

dormitory,  other  rentals 618,  619 

government,  trustees  617 

greenhouse  construction   162-164 

heating  plant  replacement  and  extension  . .  23-25 

investment  of  funds  of 158,   159 

Keene  state  college  as  division  of 616 

pesticide  control  committee 503,  504 

physical  education  facilities  construction  ..  102,  103 

Plymouth  state  college  as  division  of 616 

purposes,  teacher  training 617 

remodeling  of  buildings 162-164,  169,  170 


1963]                                                  Index  897 

reports  and  publications,  deposit  with  state 

library     17 

residence  hall  construction   386-388 

retirement  system,  personnel  of  teachers  col- 
leges      621 

trustees,  powers   618-620 

Upper  Valley  Development  Council,  Inc 790-792 

Urban  planning  assistance,  appropriations 234,  329 

Urie,  H.  Thos.,  in  favor  of 733 

Vadney,  Israel  H.,  in  favor  of 733 

Valley  Forge  Memorial 723 

Vehicle  equipment  safety  commission 472 

compact    471-479 

Verdict,  attorney's  lien    75,  76 

Vesicular  exanthema,  appropriation   200,  297 

Veterans  council,  appropriations 228,  323 

educational  services,  appropriations   255,  349 

tax   exemption    104,  105 

Veterinarians,  compensation  of  board 86 

examination   fees    86,  87 

examiners    86 

narcotic  drugs   549 

treasurer  of  board 86 

Veterinary  examiners,  appropriations 200,  297 

Vibrosis  testing,  appropriations 199,  297 

Villages,  agreements  between  government  units 542,  543 

districts,  financial  reports  to  tax  commission,  computation  of  tax 

rate     107 

Vital  statistics,  appropriations   205,  301 

Vocational  rehabilitation,  appropriations   215,  256,  311,  349 

Wage  board,  appointment   385 

Wages,  minimum,  generally   384,  385 

public  works    588-590 

Wakefield,   councilor  district    1,  2 

Wallis  Sands,  federal  aid  in  protection  of  shore  line 27 

State  Beach  Development  project,  federal  assistance 27 

Walpole  school  district,  contract  with  Bellows  Falls  High  School 748 

Wardwell,  Wm.,  in  favor  of 733 

Watchmen,  agreements  between  government  units 542,  543 

Water,  agreements  between  government  units 542,  543 

classification.  Class  B  waters 22 

Newfound  Lake    96 

pollution,   appropriations    213,  308 

commission,  appropriations   211,  309,  395 

chairman  pro  tern 21,  22 

chemical   control  of  aquatic  nuisances,   ap- 
propriation       582 

pesticide  control  committee 503,  504 

resources  development  council  614 

control,  state  contribution    395 

enforcement  of  classification,  pollution  between  effective 

date  of  classification  and  time  limit  for  abatement  ....  43 

minimum  treatment  for  sewage  and  industrial  waste  ...  42,  43 

projects,  state  guarantee  of  municipal  bonds 150,  151 


898                                                    Index  [1963 

resources,  appropriations,  capital  improvements  462-471 

board,  appropriations   236,  331 

Beaver  Brook  Flood  Control  Project 188,  189 

chairman,  right-of-way  board 386 

Contoocook  river   624 

Mirror  Lake  Dam  in  Woodstock,  acquisition 393 

Pittsfield  dam  acquisition  142,  143 

resources  development  council   614 

Salmon  Falls  River  headwaters 389 

conservation  commissions   151-153 

works,  taking  land  by  village  districts 178 

Waterville,  school  district  abolished  131 

Webb,  Lucille  M.,  in  favor  of 720 

Webster,  Arthur  and  Helen,  in  favor  of 727 

Weeks,  Edna  B.,  in  favor  of 733 

Weights  and  measures,  bureau  of,  appropriations 199,  296 

Welfare,  division  of,  appropriations 212,  309 

Wentworth-Douglass  hospital,  name 779 

Wentworth-Dover  city  hospital,  change  of  name  778,  779 

Wentworth  hospital,  change  of  name   778,  779 

Wentworth's  Location,  school  district  abolished   177 

White,  Julia  H.,  in  favor  of 732 

White  Mountain  National  Forest,  expenditure  of  federal  funds  in  unorgan- 
ized and  unincorporated  places 131 

operation  of  motor  boats  prohibited  60 

Willard  Basin  in  towns  of  Lancaster,  Jefferson  and  Randolph,  access 650 

Willey,  Philip  S.,  in  favor  of 733 

Wills,  redemption  of  property  specifically  devised   35 

Wilson  Pond,  Salmon  Falls  River  headwaters 389 

Windham,  zoning  proceedings  legalized   788 

Wolfeboro,  debt  limit 750 

district  court   698 

school  district,  legalizing  action  of  special  meeting 752 

Workmen's  compensation,   appropriations    229,  324 

benefit  period 668 

coverage  660 

death   benefits    663,  664 

election  by  governmental  units 661 

elections  by  employers  not  subject  to  law 660 

medical  and  hospital  care 662 

benefit  extension   668 

municipalities     661 

permanent  partial  disability 665-667 

pulmonary  dust  diseases 659 

reasonable  value  of  services 663 

second  injury  fund   668,  669 

single    payment    667 

total  disability    664 

waiver  by  governor  and  council 662 

of  compensation 661 

Wrongful  death,  limitation  of  recovery  82 

Yield  tax,  see,  Tax 

Young  Boaters  Training  Fund 155 


1963] 


Index  899 


Zoning,  historic  districts   159-161 

legalizing  proceedings  of  various  towns 788 

regulations,  method  of  enactment 3,  4