LAWS
of the
STATE OF NEW HAMPSHIRE
PASSED JANUARY SESSION, 1963
LEGISLATURE CONVENED JANUARY 2, 1963
ADJOURNED JULY 2, 1963
CONCORD, N. H.
1963
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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
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
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
*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
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
216 Chapter 198 [1963
Net appropriation
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
1963] Chapter 198 217
Less balance 200,000
Net appropriation 90,000
Federal* $345,684
Less estimated revenue* 345,684
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
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
*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
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
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
*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
**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
**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
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
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
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
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
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
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
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
*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
**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
;|: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
*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
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
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
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
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
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
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*
*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
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
*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
450
$50
50
$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
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
*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
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
Federal*
$2,789,385
Less estimated revenue*
2,789,385
Net appropriation
Old age assistance to aliens:
Towns and counties
$157,051
Less estimated revenue
157,051
Net appropriation
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
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
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
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
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
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
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
♦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
*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
**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
**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
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
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
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
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
;|;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
:}: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
*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
*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
**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
;|;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
*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
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
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
-{-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
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
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
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
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*
*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*
*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
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
ca 
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