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

Umversitu of 




Library 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1965 

LEGISLATURE CONVENED JANUARY 6, 1965 

ADJOURNED JULY 2, 1965 




CONCORD, N. H. 
1965 



34c 



Printed by 

Evans Printing Company, Inc. 

Concord, N. H. 



Bound by 

Neal Printing and Binding Co. 

Dover, N. H. 



STATE OFFICERS 



Governor . 
Councilors 



John W. King 

William A. Styles 

Austin F. Quinney 
Emile Simard 
Robert L. Mallat, Jr. 
James H. Hayes 

Secretary of State Robert L. Stark 

Deputy Secretary of State Edward C. Kelley 

Treasurer Robert W. Flanders 

Deputy State Treasurer Everand D. Young 

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 Supervisors Arthur H. Fowler 

Frank E. Adams 
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 Clarence B. Dearborn 

Milk Control Board William H. Craig 

John J. Chesleigh 
Leonard Gould, Jr. 

Attorney-General William Maynard 

Deputy Attorney-General George Pappagianis 

Assistant Attorneys-General Alexander J. Kalinski 

William J. b'Neil 
R. Peter Shapiro 
William F. Cann 
Robert W. Moran 
George L. Manias 

Director of Charitable Trusts Robert A. Danais 

Bank Commissioner Vincent P. Dunn 

Deputy Bank Commissioner James W. Nelson 

Assistant Bank Commissioner Arlan S. MacKniffht 



VI 



State Officers 



Cancer Commission Joseph W. Epply 

Frank Wesley Lane, Jr., M.D. 
Warren F. Eberhart, M.D. 
James H. Park, M.D. 
Michael A. Michaels, M.D. 
Mary E. Tracy 

Civil Defense Director Francis B. McSwiney 

Education Com7nissioner 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 J^ck F. Kamman 

Health and Welfare Commissioner . . James J. Barry 

Mental Health Director Donald M. Bramwell, jVLD. 

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

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

A^eiv Hampshire Hospital Superin- 
tendent, Acting G. Donald NisAvander, M.D. 

Laconia State School Superintend- 
ent Arthur E. Toll 

Registrar of Vital Statistics Marian Maloon Colby 

Veterans' Council State Director .... Charles R. Cimningham 

Industrial School Superintendent .... Michael Morello 

Prison (State) Warden Parker L. Hancock 

Insurance Commissioner Donald Kno^vlton 

Deputy Insuratice Commissioner . . Simon M. Sheldon 

Judicial Council fames L. Sullivan 

John H. Ramsey 
Robert E. Farley 
Frank R. Kenison 
John H. Leahy 
Robert W. LIpton 
Maurice F. Devine 
Ed\vard J. Gallagher 
H. Thornton Lorimer 

Labor Commissioner Robert M. Duvall 

Deputy Labor Commissioner Ruth G. Morgan 

Librarian (State) Emil W. Allen, Jr. 

Assistant Librarian Elizabeth Ann Kingrseed 



State Officers 

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 Frederick N. Clarke 

Francis ]. Riordan 
Charles F. Stafford 

Public Works and Highways Commis- 
sioner Jol^"^ O- Morton 

Deputy Commissioner Robert H. Whitaker 

Assistant Commissioner Joh^^ T. Flanders 

Racing (State) Commission Emmet J. Kelley 

Robert D. Philbrick 
Leon W. Anderson 

Resources and Economic Development 

Commissioner John F. Rowe 

Director of Division of Resources . . 

Development William H. Messeck, Jr. 

Director of Division of Economic 

Development 

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 Arthur L. Petell, Jr. 

Sweepstakes Commission Director . . . Edward J. Powers 

Water Resources Board Chairman . . . George M. McGee, Sr. 

Fire Marshal (State) Aubrey G. Robinson 

Tax Commission (State) Secretary . . . La^vton B. Chandler 
Tax Commission Chairman Oliver W. Marvin 



Vll 



viii Courts 

SUPREME COURT 

Chief Justice Frank R. Kenison 

Associate Justices Laurence I. Duncan 

Amos N. Blandin, Jr. 
Edward J. Lampron 
Stephen M. Wheeler 

State Reporter and Clerk of Supreme 

Court George O. Shovan 



SUPERIOR COURT 



Chief Justice . . . . 
Associate Justices 



John H. Leahy 

William A. Grimes 
Robert F. Griffith 
George R. Grant, Jr. 
William W. Keller 
Thomas J. Morris 
Martin F. Loughlin 
Richard P. Dunfey 



LEGISLATURE OF 19 6 5 

SENATE 

President — Stewart Lamprey, Moultonborough 
Clerk — Benjamin F. Greer, Manchester 
Counsel to the Senate — Arthur G. Marx, Alstead 
Senate Recorder — Esther T. Hurd, Concord 
Sergeant-nt-Arms — Arthur R. Goodfellow, Dorchester 
Messenger — Herbert Howe, Tilton 
Asst. Messenger — Elwyn Wyman, Concord 
Doorkeeper — Richard Odell, Temple 



SENATORS 



Laurier Lamontagne, Berlin 
Eda C. Martin, Littleton 
Lester E. Mitchell, Sr., Campton 
Stewart Lamprey, Moultonborough 
William R. Johnson, Hanover 
Edith B. Gardner, Laconia 
Nelson E. Howard, Franklin 
James A. Saggiotes, Newport 
William P. Gove, Concord 
Clesson J. Blaisdell, Keene 
Robert English, Hancock 
Creeley S. Buchanan, Amherst 



* Louis W. Paquette, Nashua 
Richard D. Riley, Hooksett 
Paul A. Rinden, Concord 
Dorothy Green, Manchester 
Louis L Martel, Manchester 
Paul E. Provost, Manchester 
Thomas Waterhouse, Jr., Windham 
Lucien E. Bergeron, Rochester 
Molly O'Gara, Dover 
J. Arthur Tufts, Jr., Exeter 
Douglass E. Hunter, Sr., Hampton 
Eileen Foley, Portsmouth 



HOUSE OF REPRESENTATIVES 

Speaker — Walter R. Peterson, Peterborough 

Clerk — Francis W. Tolman, Nelson 

Assistant Clerk — J. Milton Street, Sharon 

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

Chaplain — Rev. William H. Crouch, Concord 

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

Doorkeeper — Bertha E. Boutwell, Concord 

Doorkeeper — Florence T. Gould, Wentworth 

Doorkeeper — Randolph Milligan, Newbury 

Doorkeeper — Herbert R. Richardson, Randolph 

Doorkeeper — Mary T. Vey, Brentwood 

•^Deceased. Replaced by Thomas J. Claveau, d, Hudson 



IX 



The Legislature of 1965 



BELKNAP 
Alton, Kenneth W. Chamberlain, Sr.. r 
Barnstead, Eda St. John, d 
Belmont, Lyle N. Watson, r and d 
Center Harbor, L. Keith Matheson, r 
Gilford, Lawrence W. Guild, r 
Gilmanlon, Frank L. Uhlenbera,-, r 
Lacouia. 

Ward 1, Romeo R. deBlois, r 

Walter D. McCarthy, r 
Ward 2, Ann G. Dearborn, d 

ALiro^aret E. Normandin, d 



COUNTY 

Ward 3, George A. Head, r 
Ward 4 , Oscar C. Prescott, r 
Ward 5, Helen D. Hayner, r 

David O'Shan, r 
Ward 6, Claude W. Foster, r 

George W. Stafford, r and d 
Meredith, Stuart B. Allan, r 
Neiv Hampton, H. Thomas Urie, r 
Sanbornton, Olin A. Joslyn, r 
Tilton, Earle F. Randall, r 



CARROLL COUNTY 



Bartlett, Donalda K. Howard, r 
Conu'ay, Esther AL Davis, r 

Dana J. Farrington, r 

Milburn F. Roberts, r 
Eaton, Thayne S. Williams, r 
Madison, J. Donald Hayes, r 
Monltonborough , Dorothy W. Davis, r 

CHESHIRE 
Alstead, Ralph W. Totman, r 
Chesterfield, James E. O'Neil, r 
Dublin, Belle F. Cowing, r 
Fitzivilliam, William J. Watkinson, r 
HarrisiiiUe, W. B. Shubrick Clymer, r and 

d 
Hinsdale, Clifford D. Stearns, r 
Jaffrey, Wilfred W. Cournoyer, d 
Raymond J. Desmarais, d 
Keene, 

Ward 1, Jeremiah J. Keating, d 
C. Michael O'Neil, d 
Frederick L. Pratt, d 
Ward 2, Stephen W. Pollock, Sr., r 

Roberta T. Shea, r 
Ward 3, Mildred E. Gutterson, r 



Ossipee, Marcus E. Diffenderfer, r 
Sandiuich, Richard A. Kurth, r 
Tajnworth, Earle H. Remick, r 
Tuftonboro, Carroll A. Lamprey, r 
Wakefield, Arthur H. Fox, r 
Wolfeboro, Leslie M. Chamberlain, r 
Russell G. Claflin, r 

COUNTY 

Cleon E. Heald, r 
Ward 4, John R. Bradshaw, r 

Ellen Faulkner, r 
Ward 5 , Laurence M. Pickett, d 
Margaret A. Russell, d 
Marlborough, Wilfred P. Lerandeau, d 
Marlozo, Roxie A. Forbes, r and d 
Rindge, James F. Allen, r 
Roxbury, William L. Yardley, r 
Sivanzey, Stacey W. Cole, r 

Donald H. MacFarlane, d 
Troy, *Clarcnce J. Abare, d 
Waipole, Louis S. Ballam, d 

Donald H. Spitzli, r and d 
Westmoreland, George S. Wildey, r 
Winchester, Francis C. Gutoski, d 



COOS 

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 and r 
Ward 3, Hilda C. F. Brungot, r 
George Lemire, d 
Donald W. Williams, d 
Ward 4, Arthur A. Bouchard, d 

Jennie G. Fontaine, d and r 
Rebecca A. Gagnon, d 
Carroll, Joseph A. Seymour, d 
Colebrook, Harry N. Marsh, r 
Dallon, William O. Emerson, r 



COUNTY 

Errol, George O. Thurston, r 

Gorham, *George W. W. Graham, r and d 

Richard E. O'Hara, d 
Lancaster, Lloyd G. Sherman, r 

Ralph D. Shute, r 
Milan, Edna D. Fogg, r 
NortJiumberland, Walter O. Bushey d and 
r 
Alfred G. Manning, d 
Pittsburg, Harry F. Huggins, r and d 
Shelburne, Lauris Wheeler, r 
Stewartstown, Chester D. Noyes, r and d 
Stratford, Roger L. Hunt, d 
White field, Ada C. Taylor, r 



The Legislature of 1965 



XI 



GRAFTON 



Ashland, Thomas Pryor, r 
Bath, Edwin P. Chamberlin, r 
BetJilehem, Malcolm J. Stevenson, r 
Bridgexvater, Morton H. Cavis, r 
Bristol, Bowdoin Plimier, r 
Campton, Philip S. Willey, r 
Canaan, Norman H. EUms, r 
Enfield, Walter C. Morse, d 
Franconia, Ernest F. Johnson, r and d 
Grafton, A. Stuart Gage, r 
Hanover, Fletcher Low, r 

John C. Manchester, r 
Mary M. Scott-Craig, d 
Haxierhill, Wilfred J. Larty, r and d 
Norman A. McMeekin, r 
Holderness, Herbert H. Karsten, r 
Lebanon, 

Ward 1 , Arthur F. Adams, r 



COUNTY 

Rose S. Putnam, d 
Ward 2, Ernest R. Coutermarsh, d and r 

Mary E. Dcmers, d 
Ward 3 , Robert M. Lewis, r 

Gladys L. Whipple, r 
Lincoln, George M. McGee, Sr., d 
Lisbon, George Brummer, d 
Littleton, Van H. Gardner, r 

Marcia T. Rich, r 

John H. Tilton, r 
Lyme, Hazel L Park, r 
Monroe, Katherine G. Johnson, r 
Orford, Walter R. Mack, r 
Plymouth, Kenneth G. Bell, r 

Stephen W. Smith, Sr., r 
Warren, Fayne E. Anderson, r 
Woodstock, St. Clair A. Berringer, r 



HILLSBOROl 

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

Ralph M. Wiggin, Sr., r and d 
Bennington, Theodore Aucella, r 
Decring, Howard E. Whitney, r 
Gofjstoion, Roland A. Barnard, d 
F. Arthur Bartlett, d 
Raymond R. Ducharme, d 
Edward J. LeVasseur, d 
Greenfield, Donald C. Davis, r 
Greenville, Alexander M. Taft, r and d 
Hillsborough. Joseph M. Eaton, r 
Hollis, Daniel Brocklebank, r 
Hudson, John AL Bednar, d 

Christopher F. Gallagher, d 
Roland Latour, d 
*George J. Provencal, d 
Litchfield, Arthur H. Morrill, r 
Manchester, 

Ward 1, Greta M. Ainley, r 

Thomas E. Bartlett, r and d 
Saul Feldman, r and d 
George J. Resnick, r and d 
Emile J. Soucy, r 
Ward 2, Maurice A. Broderick, d 
Donald S. Conover, d 
J. Henry Montplaisir, r 
Harry E. Nyberg, d 
Thomas F. O'Rourke, d 
Ward 3, George A. Bruton, d 
Leo L. Dion, d 
James F. Hayes, d 



UGH COUNTY 

Ward ^, William J. Cullity, d and r 
Walter McDermott, d 
John L. Welch, d and r 
Ward 5, William W. Corey, d 

Thomas E. Manning, d 
Edward J. Walsh, d 
Ward 6, Denis F. Casey, d 

Edward D. Clancy, d 
Martin J. Fitzpatrick, d 
Daniel J. Healy, d 
Michael J. Keane, d 
Robert E. Raiche, d 
Ward 7 , Emile J. DesGrosseilliers, d 
Edward T. LaFrance, d 
Charles }. Leclerc, d 
Albina S. Martel, d 
Ward 8, Alphonse L. Bernier, d 
D. Ray Blanchard, d 
Edward Champagne, d 
William H. Craig, d 
Eugene Delisle, Sr., d 
Armand J. Lemieux, d 
Ward 9, Romeo J. Olivier, d 
Ward 10, Gerard H. Belanger, d 
Alfred A. Bergeron, d 
John J. Kearns, d 
James F. Mahoney, d 
Ward 11 , George J. Hurley, d 

Joseph P. Kendrigan, d 
Maurice H. Noel, d 
Ward 12, Armand Capistran, d 
Alphonse Levasseur, d 
Joseph C. Nalette, d 



xn 



The Legislature of 1965 



Ward 13, Edmond Allard, d 

Lorenzo P. Gauthier, d 
Origene E. Lesmerises, d 
Hector J. Rousseau, d 
IVard /•/, Willibert Gamache, d 
Emmett J. Grady, d 
Georges J. Ouellettc, d 
Marcel A. Vachon, d 
Mason, Charles H. Babb, r and d 
Merrimack, Herschel W. Cox, d 

Mary M. Moriarty, d 
Milford, Malcolm M. Carter, r 
Roscoe N. Coburn, r 
Charles W. Ferguson, Jr., r 
Mont Verno72, Roland E. Christie, Jr., r 
Nashua, 

Ward 1, Helen A. Barker, r 

Roland B. Burnham, r 
Marshall W. Cobleigh, r 
Christus M. Nikitas, d 
Ward 2, George A. Dionne, d 

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

Roland H. LaPlante, d 



Ward 4 , Frank J. Sullivan, d 
Ward 5, Harry P. Makris, d 
Albert Maynard, d 
Ward 6, John B. Dionne, d 
Ernest Marcoux, d 
Ward 7 , Ralph W. Boisvert, d 
Treffle G. Levesque, d 
Samuel F. Mason, d 
Ward 8, Oscar P. Bissonnette, d 
Arthur J. Bouley, d 
John Latour, d 
Richard W. Leonard, d 
Frank C. Sabluski, d 
Joseph P. Whelton, d 
Ward 9, William A. Desmarais, d 
Arthur Poliquin, d 
New Boston, Marjorie D. Colburn, r 
Neiu Ipsioich, Theodore H. Karnis, r 
Pelham, Thomas J. Cleghorn, r 

Arthur H. Peabody, d 
Peterborough, Robert C. Brown, r 

Walter R. Peterson, Jr., r 
Weare, Frank N. Sawyer, r 
Wilton, Philip C. Heald, Jr., r 



MERRIMACK COUNTY 



Allenstown, Narcisse V. Guilbeault, d 
Andover, Victor E. Phelps, d 
Boscawen, Clyde G. Fairbanks, d 
Bow, Richard D. Hanson, r 
Bradford, Reuben S. Moore, r 
Canterbury, George D. Kopperl, r 
Concord, 

Ward 1, George J. Bouley, d and r 
Edward H. York, d and r 
Ward 2, Alice Davis, 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 
Daniel F. Jelley, d 
♦Maurice B. MacDonald, r 
Horace W. Sanders, r 
Ward 7 , Richard J. Howard, r 
Paul B. Maxham, r 
Arthur E. Roby, Sr., r 
*Archie H. Shute, r 



Ward 8, Donald J. Welch, r 
Ward 9, Pasquale V. Rufo, r 
Epsom, Henry L. Stevens, r and d 
Franklin. 

Ward 1, Howard R. Kelley, r 
Ward 2, Wiggin S. Oilman, d 
Ward 3, John P. Dempsey, d 
Leo La Roche, d 
Henniker, Diamond A. Maxwell, r 
Hill, Harold H. Schatz, r 
Hooksett, George A. Cook, d 

Alphonse A. Lafond, d 
Hopkinton, Samuel Reddy, Jr., r 
Loudon, George B. Brown, r 
Newbury, Ida V. C. Milligan, r 
Neiu London, M. Roy London, r 
Northfield, Doris L. Thompson, r 
Pembroke, Philip Brasley, d 

Robert E. Plourde, d 
Pittsfield, Dennis E. Murphy, Jr., d 
Salisbury, George A. Bork, r 
Warner, L. Waldo Bigelow, Jr., r 
Wilmot, Arthur E. Thompson, r 



ROCKINGHAM COUNTY 



Atkinson, George W. White, Sr., r 
Auburn, Margaret A. Griffin, r 
Brentwood, LeRoy M. Lake, r 
Candia, Karl J. Persson, r and d 



Chester, Russell E. Underwood, r 
Danville, Charles E. Cummings, r 
Deerfield, Ross E. Watts, r 



The Legislature of 1965 



Xlll 



Derry, Charles H. Gay, r 

Hayford T. Kimball, r 
John L. Scott, r 
Robert J. Stratton, r 
Epping, Luther B. Pennington, Jr., r 
Exeter, Lyman E. CoUishaw, r 
Edwin W. Eastman, r 
Albert J. Ferron, r 
F. Leroy Junkins, r 
Greenland, Edna B. Weeks, r 
Hmnpstead, Doris AL Spollett, r 
Hampton, Herbert A. Casassa, r 
Donald A. Ring, r 
C. Dean Shindledecker, r 
Hampton Falls, Bernice B. Barnes, r 
Kensington, D. Everett Palmer, r 
Kingston, Ernest D. Clark, r 
Londonderry, Charles H. Hall, r and d 
New Castle, Kathleen B. McDonough, r 
Newfields, Thomas J. Kimball, r 
Newmarket, F. Albert Sewall, d 

John Twardus, d 
Newton, George L. Cheney, r 
North Hampton, *George G. Carter, r 
Northwood, Ernest L. Pinkham, r 
Nottingham, James R. Kelsey, r 
Plaistow, Mildred L. Palmer, r 

Annie Mae Schwaner, r 



Portsmouth, 

Ward 1, William F. Keefe, d 

Raymond J. McEachern, d 
Ward 2, Christopher M. Conlon, d 
Jeremiah Quirk, r 
Ann Sadler, d 
Ward 3, C. Cecil Dame, r 

Clayton E. Osborn, r 
T^rtrY/ 7, Robert T Call, d 
Julia H. White, r 
Ward 5, Hector Coussoule, d 

Edward J. Ingraham, d 
Ward 6, Eileen G. Rossley, d 
Reginald F. Smith, d 
Raymond, Calvin J. Langford, r 
Rye, Jacob S. Ciborowski, r 
Elizabeth A. Greene, r 
Salem, Jeanette Gelt, r 

John J. Grant, Sr., r 
Charles T McMahon, d 
Bessie M. Morrison, r 
Leonard B. Peever, r 
Daniel F. Regan, d 
Sandoiuji, Ralph D. Barnes, r 
Seabrook, *Myron B. Felch, r 
Stratham, Nelson E. Barker, r 
]Vindham, Edward N. Herbert, r 



STRAFFORD 
Barrington, Dorothy B. Berry, r 
Dover, 

Ward 1, Alice F. Blanchette, d 
Robert Lee Hilliard, d 
Albert L. Nelson, d 
Ward 2, Helene R. Donnelly, d 
Alfred J. Guilmette, d 
Ward 3, * Robert J. Smith, r 
John T. Young, r 
Everol M. Hickey, d 
Ward 4, William E. Colbath, r 
Robert J. McCann, d 
George T. McKenna, d 
Ward 5, Emmet J. Flanagan, d 
Durliavi, Leon M. Crouch, r 

Harold C. Grinnell, r 
*Clarence B. Wadleigh, r 
Farmington, Ralph W. Canney, r 

Robert B. Drew, r 
Lee, Shirley M. Clark, r 
Milton, Ruth H. Dawson, r 
New Durham, Idanelle T. Moulton, r 



COUNTY 

Rochester, 

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

Nore n D. Winkley, d 
Ward 3, Paul J. Dumont, d 

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

Angeline M. St. Pierre, d 
Ward 5, John J. Bradford, d 

Harry S. Johnson, r 
Ward 6, Raymond L. Boucher, r 

Anthony J. Corriveau, r 
Rollinsford, Ronald }. Marcotte, d 
Somersioorth, 

Ward 1, Sarkis N. Maloomian, d 
Ward 2, Napoleon A. Habel, d 
Ward 3, Peter N. Chasse, d 

Fred J. Coffin, d 
Ward 4, Arthur J. Vincent, d 
Ward 5, Henry Boire, d 
Strafford, William B. Lynbourg, d 



XIV 



The Legislature of 1965 



SULLIVAN 
Charlcstown, Alice E. Adams, r 

Martha McD. Frizzell, r 
Clarcmont, 

Ward 7, William L. Gaffney, d 

Leroy H. Piudhomme, d 
Ward 2, George W. Angus, r 
Allan P. Campbell, r 
Sam J. Nahil, r 
Ward 3, Arthur W. Barrows, d 

Carmine F. D'Amante, d 



COUNTY 

Ruth AL Hamilton, d 
CornisJi, *Charles E. Guest, Sr., r and d 
Goshen, Stanley H. Williamson, r 
Langdon, Eleanor F. Marx, r and d 
Neivport, Elsie C. Bailey, d 

Maurice J. Downing, d 

Harry V. Spanos, d 
Plainfield, Vernon A. Hood, r 
Sunapee, George R. Merrifield, r and d 
Unity, Margaret B. DeLude, r and d 



Clarence J. Abare, d, resigned, replaced by Charles L. McGinness, d 

George W. W. Graham, r and d, deceased, replaced by Otto H. Oleson, d 

George J. Provencal, d, deceased. 

Maurice B. McDonald, r, resigned, replaced by Elwood Peaslee, r 

Archie H. Shute, r deceased. 

George G. Carter, r, resigned, replaced by James F. Leavitt, r 

Myron B. Felch, r, deceased, replaced by Stanley A. Hamel, r 

Robert J. Smith, r, resigned, replaced by seating John T. Young, r and Everol M. 

Hickey, d, who had been tied. 
Clarence B. Wadleigh, r, deceased. 
Charles E. Guest, Sr., r and d, deceased, replaced by James F. Mackintosh, r. 



The Legislature of 1965 xv 

ERRATA 



Pase 687: 



Change the letters and figures "RSA 265:2" in line one of section 2 
of chapter 355 to read RSA 265:22. 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1965 



CHAPTER 1. 

AN ACT RELATIVE TO COMPENSATION OF ASSISTANT CLERK OF THE SENATE. 

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

Court convened: 

1:1 Compensation Established. Amend RSA 14:21 (supp) as amend- 
ed by 1955, 335 and 1961, 280 by striking out the same and inserting in 
place thereof the following: 14:21 Assistant Clerks. The compensations 
of the assistant clerks of the senate and house shall be one hundred and 
twenty dollars per week each for each six-day week of any regular session. 

1:2 Takes Effect. This act shall take effect January 6, 1965. 
[Approved January 29, 1965.] 
[Effective date January 6, 1965.] 



CHAPTER 2. 



AN ACT TO PROVIDE PERSONNEL AND FUNDS FOR THE DEPARTMENT OF 
HEALTH AND WELFARE. 

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

2:1 Senior Psychiatrists. Eight new positions of senior psychiatrists 
are hereby authorized for the New Hampshire Hospital. The commis- 
sioner of health and welfare with the approval of the advisory commis- 
sion on health and welfare is hereby authorized and empowered to 
employ persons for said eight positions at a salary range of twelve thou- 
sand one hundred dollars and fourteen cents (minimum) to fourteen 
thousand four hundred thirty dollars (maximum), plus maintenance, 
not to exceed two thousand five hundred dollars, for each. The salaries 
and maintenance of the persons employed pursuant to this section shall 
be paid, for the fiscal year ending June 30, 1965, out of any money in the 
salary adjustment fund. None of the provisions of the personnel system 
of the state shall apply in any way directly or indirectly to the positions 
created by this section. 



2 Chapter 2 [1965 

2:2 Repeal. The footnotes relative to senior psychiatrists, identified 
by the symbol "+", after the appropriations for current expenses for pro- 
fessional care and treatment for the state hospital in the division of men- 
tal health of the department of health and welfare of chapters 198 and 
199 of the Laws of 1963 are hereby repealed. 

2:3 Authority to Employ. Notwithstanding any of the provisions 
of RSA chapters 94, 98, and 99, all as amended, the commissioner of 
heakh and -^velfare with the approval of the advisory commission shall 
nominate for appointment by the governor and council a director of the 
division of mental health who shall be paid a yearly salary of $18,875 
(minimum) to $21,875 (maximum), a superintendent of the New Hamp- 
shire Hospital who shall be paid a yearly salary of $17,896 (minimum) 
to $20,896 (maximum), an assistant superintendent of the New Hamp- 
shire Hospital who shall be paid a yearly salary of $16,220 (minimum) 
to $19,220 (maximum), and maintenance for all three of those positions, 
and for the classified position of resident physician at Laconia State 
School a board certified pediatrician (clinician) at a salary range of fifteen 
thousand dollars (minimum) to eighteen thousand dollars (maximum) 
plus partial maintenance. Any amount paid to any of the persons em- 
ployed for any of the above four positions, under the authority of this 
act, above the araiount provided for such position by the provisions of 
RSA 94 or 99, as amended, shall be a charge against the salary adjust- 
ment fund. 

2:4 Appropriation for Supplies. There is hereby appropriated the 
following sums for the following purposes: for Laconia State School for 
medical care three thousand dollars and for special foods for residents 
on special diets three thousand dollars; for New Hampshire Hospital 
for the purchase of linens ten thousand dollars. The governor is author- 
ized to draw his warrant for the sums appropriated by this section against 
any money in the treasury not otherwise appropriated. 

2:5 Classified Employees. There are hereby authorized the follow- 
ing new classified positions: for the New Hampshire Hospital two psy- 
chiatric social workers and seven clerk typists I: for Laconia State School 
tAvo clerk typists I. There is hereby appropriated for the payment of the 
salaries of the above authorized positions for the fiscal year ending June 
30, 1965; for New Hampshire Hospital fourteen thousand two hundred 
sixty three dollars and eighty nine cents: for Laconia State School two 
thousand six hundred forty eight dollars and fifty eight cents. The gov- 
ernor is authorized to draw his warrant for the sums appropriated by 
this section against any money in the treasury not otherwise appropri- 
ated. 

2:6 Takes Effect. This act shall take effect upon its passage and any 
of the provisions of sections 1 and 3 of this act inconsistent with RSA 



1965] Chapter 3 

126-A, as amended, shall be effective only to July 1, 1965. 
[Approved February 26, 1965.] 
[Effective date February 26, 1965.] 



CHAPTER 3. 



AN ACT RELATIVE TO AN APPROPRIATION FOR THE AIRPORT OF THE TOWN 
OF WHITEFIELD TO MEET REQUIREMENTS FOR STATE AND FEDERAL AID. 

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

3:1 Appropriation. The sum of thirty-five thousand dollars is here- 
by appropriated to be paid to the town of Whitefield to be used and ex- 
pended by the town as part of the funds it requires to qualify for state 
and federal aid in developing and establishing the Whitefield Airport. 
The governor is authorized to draw his warrant for the sum appropriated 
by this act out of any money in the treasury not otherwise appropriated. 

3:2 Effective Date. This act takes effect upon its passage. 
[Approved March 3, 1965.] 
[Effective date March 3, 1965.] 



CHAPTER 4. 



AN ACT RELATIVE TO SALARIES OF LEGISLATIVE ATTACHES AND 
SERVICE ASSISTANTS. 

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

4:1 Legislative Attaches and Employees. Amend RSA 14:24 (supp) 
as amended by 1955, 290:1 and 335:7; 1957, 314:1 and 1961, 280:2 by 
striking out said section and inserting in place thereof the following: 
14:24 Salaries. The salaries of all legislative attaches and other em- 
ployees, unless otherwise specifically provided by statute, shall be deter- 
mined by the president of the senate, with the approval of the finance 
committee, for such attaches and employees of the senate and by the 
speaker of the house of representatives, with the approval of the appro- 
priations committee, for such attaches and employees of the house of 
representatives. The salaries as determined hereunder shall be a charge 
upon the appropriation made for the legislature. 

4:2 Repeal. RSA 14:24-a (supp) as inserted by 1961, 280:3 relative 
to senate attaches; RSA 14:24-b (supp) as inserted by 1963, 141:4 relative 
to longevity; RSA 14:25 (supp) as amended by 1957, 314:2, 1961, 280:4, 
1963, 141:1 relative to legislative service assistants; RSA 14:25-a (supp) 



4 Chapter 5 [1965 

as inserted by 1961, 280:5, as amended by 1963, 141:2, relative to senate 
legislative assistants; RSA 14:27 (supp) as amended by 1957, 314:3, 1961, 
280:8, 1963, 141:3 relative to mileage clerk, are hereby repealed. 

4:3 Limitation. Nothing herein shall be construed as authorizing 
the reduction in salary of any attache or employee who was in office or 
who was employed by the legislature at the beginning of the 1965 session 
which salary ^vas determined by the statutes then in force. 

4:4 Rate of Mileage. Amend RSA 14:18 by striking out the words 
"Any officer or employee of the senate or house of representatives shall 
be alloAved mileage at the rate of seven cents per mile to and from his 
home for each day of attendance up to a maximum of fifty miles for one 
Avay of travel" and inserting in their place the following: Any officer or 
employee of the senate or house of representatives shall be allowed mile- 
age at the same rate as other state employees for each day of attendance 
up to a maximum of one hundred miles for the round trip, so that the 
section is amended to read as follows: 14:18 Travel Allowance to Offi- 
cers and Employees. Any officer or employee of the senate or house of 
representatives shall be allowed mileage at the same rate as other state 
employees for each day of attendance up to a maximum of one hundred 
miles for the round trip. Any fractional part of a mile shall be deemed 
to be one mile for the purposes hereof. The committee on mileage shall 
be the arbiters of all disputes and claims involving payment of mileage 
to such officers and employees. 

4:5 Takes Effect. Sections 1, 2 and 3 shall take effect upon passage. 
Section 4 shall take effect as of January 6, 1965. 
[Approved March 8, 1965.] 
[Effective date: 

Sections 1, 2 and 3 effective March 8, 1965 

Section 4 effective as of January 6, 1965.] 



CHAPTER 5. 



AN ACT TO REGULATE THE LENGTH OF TRACTOR-TRAILERS ON 
STATE HIGHWAYS. 

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

5:1 Length of Tractor-trailers. Amend RSA 263:65 as amended by 
1957, 191:1; 1959, 92:1 and 262:1, and 1963, 189:2 by striking out said 
section and inserting in place thereof the following: 

263:65 Width and Length. No vehicle whose ^vidth including load 
is greater than ninety-six inches, or whose length including load is 
greater than thirty-five feet, and no combination of wheels coupled to- 



1965] Chapter 6 5 

gether whose total length, including load, is greater than fifty-five feet, 
shall be operated on the highways 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 transporting a load of loose hay or loose 
fodder when the width including such load is greater than ninety-six 
inches so Ions: as the width of said vehicle without said load does not 
exceed said ninety-six inches. Provided further, 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 on 
the highways of this state. Motor Vehicles, tractor and semi-trailer units 
exclusively engaged in the transportation of motor vehicles may attain 
a maximum length of fifty-five feet excluding the usual or ordinary 
bumper overhang of the transported vehicle. 

5:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved March 8, 1965.] 
[Effective date May 7, 1965.] 



CHAPTER 6. 



AN ACT TO AUTHORIZE THE MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE 

AUTHORITY TO INSTALL A MOVEABLE DRAW SPAN ON THE LOWER 

DECK LEVEL AT PIER 21 OF THE PISCATAQUA RIVER BRIDGE. 

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

6:1 Maine-New Hampshire Bridge Authority. Amend RSA 258 by 
inserting after section 16 the following new section: 258:17 Moveable 
Draw Span. The Maine-New Hampshire Interstate Bridge Authority, 
created by the compact or agreement between the state of Maine and 
the state of New Hampshire, to which the consent of the Congress of 
the United States was given by Act approved July 28, 1937 (50 Stat. 538), 
is authorized by this act to proceed with the installation of a moveable 
draw span on the lower deck at pier 21 of the Piscataqua River 
bridge including any necessary river dredging to provide for a moveable 
railroad span, thus making an opening in the lower deck railroad girders 
to permit the passage of small harbor craft without interfering with 
passage of vehicles at the highway level, all in accord with the general 
plans for the bridge as prepared by Harrington & Cortelyou, Consulting 
Engineers of Kansas City, Missouri, under date of January 21, 1964. The 



6 Chapter 7 [1965 

Autliority is further authorized to pay for the work either out of current 
re^•enue from the operation of the bridge, or from any trust funds held 
by the Authority under the provisions of section 10. The Authority may 
not spend more than four hundred thousand dollars under the provi- 
sions of this section. 

6:2 Effective Date. This act takes effect on its passage. 
[Approved March 12, 1965.] 
[Effective date March 12, 1965.] 



CHAPTER 7. 



AN ACT TO PROVIDE FOR THE APPOINTMENT OF A CHAIRMAN OF A 
COMMITTEE OF THE GENERAL COURT WHILE IN RECESS. 

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

7:1 Committee of the General Court. Amend RSA by inserting 
after RSA 14 a new chapter as follows: 

Chapter 14- A 

Members of the General Court 

14-A:1 Vacancy in Committee Chairman. If the office of chairman 
of a committee of either branch of the general court becomes vacant for 
any reason at any time after the adjournment of the biennial session and 
before the dissolution of the general court under the constitution, the 
presiding officer of the branch of the general court in Avhich the vacancy 
occurs may appoint a chairman to fill the vacancy from among any of 
the members of the committee in which the vacancy exists. 

7:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved March 16, 1965.] 
[Effective date May 15, 1965.] 



CHAPTER 8. 



AN ACT AUTHORIZING TOWNS TO APPROPRIATE FUNDS FOR 
AERONAUTICAL FACILITIES. 

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

8:1 To^\Ti Appropriations. Amend RSA 31:4 by inserting after 
paragraph XXXVIII, as inserted by 1963, 90:1, the following new para- 
graph: 



1965] Chapter 9 7 

XXXIX. Aeronautical Facilities. To aid in, or contribute to, the 
construction, maintenance and operation of any air navigation facility 
in the town or in a neighboring town, which neighboring town may be 
within or without the state. 

8:2 Takes Effect. Tliis act shall take effect sixty days after its pas- 
sage. 

[Approved March 18, 1965.] 
[Effective date May 17, 1965.] 



CHAPTER 9. 



AN ACT RELATING TO PAYMENT IN LIEU OF TAXES ON LAND ACQUIRED FOR 
MUNICIPAL WATER SUPPLY PURPOSES. 

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

9:1 Payments in Lieu of Taxes. Amend RSA 72 by inserting after 
section 11 the following new section: 72:ll-a Water Works, Flood Con- 
trol, Additional Provisions. When a city, town or district has acquired, 
or acquires property in another city or town for the purpose of water 
supply or flood control which for any reason has been exempt from taxa- 
tion, such property, if yielding no rent, shall not be liable to taxation 
therein but the city, town or district so holding it shall annually pay to 
the city or town in which such property lies a sum equal to that which 
such place would receive from taxes from such land, ^vithout buildings 
or structures thereon, as determined by the state tax commission. Such 
payments shall be made and such valuation shall be reviewed, with the 
same right of appeal, as provided in section 72: 11. 

9:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 18, 1965.] 
[Effective date May 17, 1965.] 



CHAPTER 10. 



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

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

10:1 Classification. On and after the effective date of this act tlie 
following surface waters shall be classified in accordance with provisions 
of RSA 149. 



8 Chapter 11 [1965 

I. Nashua River, in the town of Hollis and the city of Nashua, from 
the New Hampshire-Massachusetts state line to its confluence with the 
Merrimack River, Class C. 

II. Nashua River tributaries, in the city of Nashua and the town 
of Hollis, from their sources to their confluence with the Nashua River, 
Class B-1. 

III. Nashua River tributaries, in the towns of Brookline, Green- 
ville, Hollis, Mason, Milford, New Ipswich, and Wilton, from their 
sources to the New Hampshire-Massachusetts state line. Class B-1. 

IV. All other surface waters of the Nashua River watershed hither- 
to unclassified, in the city of Nashua and in the towns of Brookline, 
Greenville, Hollis, Mason, Milford, New Ipswich, and Wilton, Class B-1. 

10:2 Effective Date. This act takes effect on July 1, 1965. 
[Approved March 18, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER II. 



AN ACT TO REPEAL AN APPROPRIATION TO THE GRANITE STATE 
DAIRYMEN'S ASSOCIATION. 

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

11:1 Repeal. RSA 441:5 and 6, which relate to the appropriation of 
five hundred dollars to the Granite State Dairymen's Association and the 
accounting thereof, are repealed. 

11:2 Partial Repeal. Amend RSA 426:9 by striking out in line two 
the words "The Granite State Dairymen's Association" so that said sec- 
tion as amended shall read as follows: 

426:9 Auditing. He shall audit the expenditure of the state money 
by the New Hampshire Horticultural Society, or any other similar farm 
organization receiving state aid, and publish the results of such expendi- 
ture. 

11:3 Effective Date. This act takes effect July 1, 1965. 
[Approved March 18, 1965.] 
[Effective date July 1, 1965.] 



1965] Chapter 12 9 

CHAPTER 12. 

AN ACT TO AUTHORIZE THE STATE COUNCIL ON AGING TO DETERMINE THE 
PURPOSES FOR WHICH FEDERAL FUNDS RECEIVED BY IT MAY BE SPENT. 

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

12:1 Council Authority Enlarged. Amend RSA 167-A:7 as inserted 
by 1961, 277 by adding at the end thereof the following new sentence, 
The council may determine the purposes for which federal funds re- 
ceived by it are used, and the amount to be spent for each project, so 
that said section as amended shall read as follows: 167-A:7 Federal 
Funds. The council is empowered to receive and expend such federal 
funds as may from time to time be available to it. The council may de- 
termine the purposes for which federal funds received by it are used, 
and the amount to be spent for each project. 

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

[Approved March 19, 1965.] 
[Effective date May 18, 1965.] 



CHAPTER 13. 

AN ACT RELATING TO THE ASSESSMENT OF PUBLIC UTILITY TAXES. 

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

13:1 Tax Commission, Decision. Amend RSA 82 by inserting after 
section 15 the following new section: 82:15-a Proportionality. In mak- 
ing its decision under the provisions of this chapter, when it shall ap- 
pear to the tax commission that the average rate of taxation upon other 
property throughout the state is, because of the under valuation of other 
property, higher than it would be if such other property were appraised 
at its full and true value, the said commission shall Q;ive due considera- 
tion to the same and make such adjustment as will bring the assessment 
of the tax hereunder into proportion with the general level of assessments 
throughout the state. 

13:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 19, 1965.] 
[Effective date May 18, 1965.] 



10 Chapter 14 [1965 

CHAPTER 14. 

AN ACT RELATIVE TO STATE AID TO MUNICIPALITIES FOR WATER 
POLLUTION CONTROL. 

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

14:1 State Contributions. Amend RSA 149-B:1, as inserted by 1959, 
267 and amended by 1961, 55; and 1963, 215, by striking out in line four 
the words "on or before June 30" so that said section as amended shall 
read as folloAvs: 149-B:1 State Contributions. The state of New Hamp- 
shire shall, in addition to the federal grant made available under the 
provisions of Public Law 660, 84th Congress (subsequent amendments 
thereof, or any other federal legislation), pay annually thirty percent of 
the yearly amortization charges on the original costs resulting from the 
acquisition and construction of sewage disposal facilities by municipali- 
ties (meaning counties, cities, towns or village districts) for the control 
of water pollution. The word construction shall include engineering 
services, in addition to the construction of new sewage treatment plants, 
pumping stations and intercepting sewers; the altering, improving or 
adding to existing treatment plants, pumping stations and intercepting 
sewers; provided the construction has been directed by the water pollu- 
tion commission, the department of health and welfare, division of public 
health services, or constitutes a voluntary undertaking designed to con- 
trol or reduce pollution in the surface waters of the state as defined in 
RSA 149:1, and the plan therefor is approved in compliance Avith 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 La^v^ 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. 

14:2 Effective Date. This act takes effect on July 1, 1965. 

[Approved March 19, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 15. 



AN ACT RELATING TO ADJUSTMENTS IN THE APPORTIONMENT OF PUBLIC 
TAXES FOR COUNTY PURPOSES. 

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

15:1 Adjustments. Amend RSA 29 by adding after 29:11 (supp) as 
amended by 1961, 106 the following new section: 29: 11 -a Changed Con- 
ditions. Whenever it shall appear or be made to appear to the tax com- 



1965] Chapter 16 11 

mission on or before January first of any even numbered year that 
conditions in any town have so changed since the last apportionment of 
public taxes that the use of the most recently available apportionment 
would impose an undue hardship upon such town greater than it should 
in equity and good conscience be required to bear, the tax commission 
may make such changes and modifications therein as to it seems fair, 
equitable and just, and certify the same to the treasurer of the county in 
which the to^vn is situated, and the treasurer shall use such changed 
equalized valuation in issuing his warrant to the selectmen of such town 
for such town's just proportion of all taxes granted by the county con- 
vention. 

15:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 19, 1965.] 
[Effective date May 18, 1965.] 



CHAPTER 16. 



AN ACT TO LIMIT RECOVERY OF PAST DUE EXPENSES AT LACONIA STATE 
SCHOOL TO A PERIOD OF FIVE YEARS, AND TO SET A STATUTE OF LIM- 
ITATIONS ON ACTIONS FOR THEIR RECOVERY OF SIX YEARS. 

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

16:1 Institutional Collections. Amend RSA 8:43 by striking out the 
same and inserting in place thereof the following: 8:43 Recovery of Ex- 
penses. I. The state is entitled to recover the expense of care, treatment 
and maintenance of any patient or inmate at such institutions or at a 
public or private institution or otherwise at the direction of the director 
of division of public health from the patient or inmate, if of sufficient 
ability to pay, or his estate, or from those persons legally chargeable with 
his support or their estate. 

II. Recovery of the past due expense of care, treatment, and main- 
tenance of an inmate at the Laconia State School is limited in amount as 
follows: 

(a) If the inmate is living and is a resident of the school, recovery 
is limited to the expense incurred within the last five years of the in- 
mate's residence at the school. 

(1) If the inmate is living and is a resident of the school, and if the 
person legally chargeable for the support of the inmate dies, recovery 
from the estate of the person legally chargeable for the support of the 
inmate is limited to the expense incurred within the five years immedi- 
ately preceding the death of the person chargeable. 



12 Chapter 17 [1965 

(b) If the inmate dies while he is a resident of the school, recovery 
is limited to the expense incurred within the five years immediately pre- 
cedino- his death. 

(c) If the inmate is discharged from the school, recovery is limited 
to the expense incurred within the five years immediately preceding his 
discharge. 

(d) If the inmate dies after he is discharged from the school, recovery 
is limited to the expense incurred within the five years immediately pre- 
ceding his discharge. 

(e) Expenses incurred by the school during the time the inmate is 
on parole from the school shall not be included in the total charges for 
expenses. 

III. In an action by the state for the recovery of the expenses of 
an inmate of Laconia State School who is discharged from the school, 
or is dead, the action shall be brought within six years after his discharge 
or after his death. An action by the state against the estate of an inmate 
or against the estate of a person legally chargeable with the support of 
an inmate may not be brought unless the action is commenced within 
the time allowed for an action against an administrator by RSA 556:5. 

16:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved March 19, 1965.] 
[Effective date May 18, 1965.] 



CHAPTER 17. 

AN ACT APPROPRIATING FUNDS FOR THE NEW NURSERY BUILDING AT 
LACONIA STATE SCHOOL. 

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

17:1 Laconia State School. The superintendent of the Laconia State 
School is hereby authorized to employ four attendants II, thirty-two 
attendants I, and two food service workers II for the new nursery build- 
ing erected at said school. 

17:2 Appropriation. In addition to any other funds appropriated 
for said Laconia State School there is hereby appropriated for the fiscal 
year ending June 30, 1965 the sum of thirty thousand dollars to be ex- 
pended for salaries of the new employees whose employment is author- 
ized by section 1. 

17:3 Takes Effect. This act shall take effect as of April 1, 1965. 
[Approved March 25, 1965.] 
[Effective date April 1, 1965.] 



1965] Chapter 18 13 

CHAPTER 18. 

AN ACT RELATING TO PARTIAL PAYMENTS ON ACCOUNT OF TAX 

REDEMPTION. 

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

18:1 Tax Payments. Amend RSA 80 by inserting the following new 
section after section 33: 80:33-a Partial Payments in Redemption. Any 

person interested in land so sold may make partial payments in redemp- 
tion in sums of five dollars or multiples thereof to the collector of taxes 
who shall receive the same and give a receipt therefor and hold the same 
in a special fund until complete redemption is made. If complete re- 
demption is not made during the time allowed for redemption, the col- 
lector of taxes, or his successor in office to whom previous partial pay- 
ments shall have been delivered, shall refund to the person making such 
partial payments or his heirs or assigns the sum so paid. 

18:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved March 25, 1965.] 
[Effective date May 24, 1965.] 



CHAPTER 19. 

AN ACT RELATING TO THE CONTEST ABILITY OF A TAX COLLECTOR'S DEED. 

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

19:1 Limitation of Action. Amend RSA 80:39 by striking out the 
Section and inserting in its place the following: 80:39 Incontestability. 
No action, suit or other proceeding shall be brought to contest the valid- 
ity of a tax sale or any collector's deed based thereon after ten years 
from the date of record of the collector's deed. 

19:2 Effective Date. The act takes effect sixty days after passage. 
[Approved March 25, 1965.] 
[Effective date May 24, 1965.] 



CHAPTER 20. 

AN ACT RELATIVE TO LISTING OF NEW HAMPSHIRE LIQUOR PRODUCTS. 

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

20:1 Listing New Hampshire Products. Amend RSA chapter 176 
by inserting after section 10-a, as inserted by 1955, 286, the following 



14 Chapter 21 [1965 

ncAv section: 176:10-b New Hampshire List. The commission shall 
display in all of its stores a separate list of all liquor or other beverages 
or products mianufactured or bottled in this state and listed and sold 
therein, suitably marked to indicate that the same are New Hampshire 
products. Such display shall be in addition to the regular listing of all 
the products sold by the commission. 

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

[Approved March 25, 1965.] 
[Effective date May 24, 1965.] 



CHAPTER 21. 



AN ACT RELATING TO DISTRIBUTION AND FILING OF PROPERTY TAX 

INVENTORIES. 

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

21:1 Inventories. Amend RSA 74:5 by striking out the section and 
inserting in its place the following: 74:5 Distribution. The selectmen 
or assessors shall cause inventory blanks to be mailed, postage prepaid, 
to the last known address of all persons and corporations known or be- 
lieved to own taxable property in their towns and cities on or before the 
twenty-fifth day of March in each year. 

21:2 Repeal. RSA 74:6 relating to the time of distribution of in- 
ventories is repealed. 

21:3 Filing. Amend RSA 74:7 by striking out the section and in- 
serting in its place the following: 74:7 Return of Inventory. Every 
person and every corporation by its president or other person with 
authority to do so having knowledge of its property and affairs, shall 
fill out the blank inventory in all respects according to its requirements 
and sign and make the required declaration thereto, and cause the same 
to be mailed, postage prepaid, or delivered to the selectmen or assessors 
on or before April fifteenth. 

21:4 Delay. Amend RSA 74:8 by striking out the section and in- 
serting in its place the following: 74:8 Extension of Time for Filing. 
If a blank inventory is not mailed to any person or corporation before 
April fifteenth, or if any person is prevented by accident, mistake or 
misfortune from returning the same to the selectmen or assessors on or 
before that day such person or corporation may make such return be- 
fore June first. 

21:5 Procedure. Amend RSA 74:10 by striking out the section and 
inserting in its place the following: 74:10 Hearings. The selectmen or 



1965] Chapter 22 15 

assessors shall on or before April first in each year give public notice 
of the times when and the place where on or before April fifteenth they 
will receive inventories and hear all parties regarding their liability to 
be taxed. Such notice shall state the times when such hearings shall be- 
gin and close and shall be posted in two or more public places in the 
town and shall be published in a newspaper if there is any printed in 
the town. A hearing commenced on or before April fifteenth regarding 
one's liability to be taxed may be continued after that date if there is 
need therefor. 

21:6 Effective Date. This act takes effect July 1, 1965. 
[Approved March 25, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 22. 

AN ACT RELATING TO TERMS OF OFFICE OF TAX COLLECTOR. 

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

22:1 Term of Office. Amend RSA 41:36 by striking out the section 
and inserting in its place the following: 41:36 Succession in Office. 
Whenever the term of office of a collector of taxes shall end, from what- 
ever cause, his powers and authority shall cease and terminate and de- 
volve upon his successor whenever he is elected or appointed. The 
selectmen shall cause an audit of his accounts to be made promptly and 
they shall make and commit to his successor new warrants directing him 
to collect the taxes therein committed to him. All books, records and 
papers of the outgoing collector shall be delivered to the selectmen by 
every person having possession thereof, and the selectmen shall deliver 
those needed for his work to the successor collector, and those not needed 
by the successor collector to the town clerk for care and preservation. 
The successor collector, whether appointed or elected, shall comply with 
all the requirements for a collector of taxes, and shall have full power 
and authority to perform all the acts and do all the things that his pre- 
decessor could have done had he remained in office, or that by la^v are 
given and granted to collectors of taxes. 

22:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 25, 1965.] 
[Effective date May 24, 1965.] 



16 Chapter 23 [1965 

CHAPTER 23. 

AN ACT RELATIVE TO EXCEPTIONS FROM FEES UNDER THE 
AERONAUTICS LAW. 

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

23:1 Aeronautical Fees; Exceptions. Amend RSA 422:38 by insert- 
ing after paragraph V (supp) as inserted by 1961, 261:3 the following 
ncAV paragraphs: VI. A fee in lieu of personal property tax for the op- 
eration of "antique aircraft" which are over twenty-five years old and 
which are maintained solely for participation in exhibitions, club activi- 
ties, air shows and other aviation functions of public interest and which 
are not flown for compensation or hire. VII. A fee in lieu of personal 
property tax for the non-commercial operation of a glider. 

23:2 Takes Effect. This act shall take effect as of April 1, 1965, 
[Approved March 30, 1965.] 
[Effective date April 1, 1965.] 



CHAPTER 24. 



AN ACT RELATIVE TO DISPOSITION OF REVENUE FROM AIRCRAFT 
OPERATING FEES. 

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

24:1 Aircraft Operating Fees. Amend Laws 1961, 261:7 by striking 
out said section and inserting in place thereof the following: 261:7 
Limitations on Revenue. The revenue from the aircraft operating fee 
shall be kept by the state treasurer in the aeronautical fund established 
by RSA 422:42 subject to the following limitations: One-half the revenue 
shall be used for the repayment of bonds or notes authorized hereunder, 
and one-half shall be used for the establishment and maintenance of air 
navigation facilities on the state airways system. One-half of this latter 
amount originating at a publicly or privately owned airport available for 
public use shall, upon application, be paid over directly to an aero- 
nautical fund established for that airport to be used for aeronautical pur- 
poses, provided that if application is not made within ninety days from 
the last day of the registration year, the amount involved shall revert to 
the establishment and maintenance of air navigation facilities on the 
state airways system. 



1965] Chapter 25 17 

24:2 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved March 30, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 25. 

AN ACT RELATIVE TO SUPPLIES FOR DISCHARGED PRISONERS. 

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

25:1 Increased Allowance. Amend RSA 622:16 by striking out the 
words "twenty dollars" and inserting in their place the words, thirty dol- 
lars, so that the section is amended to read as follows: 622:16 Supplies 
for Discharged Prisoners. The warden may furnish, at the expense of 
the state, to each convict discharged from the prison, a suit of clothes, 
decent and suitable for the season in which he is discharged, and a sum 
of money not more than thirty dollars. 

25:2 Effective Date. This act takes effect sixty days from passage. 
[Approved March 30, 1965.] 
[Effective date May 29, 1965.] 



CHAPTER 26. 



AN ACT RELATIVE TO FINANCING SEWERAGE SYSTEMS, SEWAGE TREATMENT 
WORKS, AND WASTE TREATMENT FACILITIES. 

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

26:1 Net Indebtedness. Amend RSA 33:5-c, as inserted by 1957i 
213:1, by striking out the words "Upon receipt of sucli laws for review, 
the commission shall fix a time and place where all interested parties 
may be heard and cause notice thereof to be given by posting in two of 
more public places in said city, town, village district or other political 
subdivision and causing said notice to be published once in a newspaper 
of general circulation within the area at least seven days prior to said 
hearing. Following a review of the pertinent evidence and data presented 
at such hearing and" so that the section is amended to read as follows: 
33:5-c Approval. Any such municipality which has voted to incur debt 
under the provisions of RSA 33:5-b shall submit a certified copy of the 
record of such action together with detailed plans of the proposed con- 
struction to the water pollution commission for review and approval, 
as hereinafter provided. After a review of the plans and such other inde- 
pendent investigation as is deemed necessary, if the water pollution com- 
mission determines that the proposed project is in the public interest, 



18 Chapter 27 [1965 

due consideration being given to the cost of said project in relation to 
the benefits ^vhich will accrue to public health or water pollution control, 
it shall furnish a report of its findings and recommendations including 
a recommendation concerning a state guarantee as provided for under 
RSA 149:5 to the governor and council for their approval. 

26:2 Effective Date. This act takes effect on July 1, 1965. 
[Approved March 30, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 27. 

AN ACT RELATING TO DUTIES OF TAX COLLECTOR. 

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

27:1 Tax Collectors. Amend RSA 41:35 by striking out the section 
and inserting in its place the following: 41:35 Duties of Collector. 
Every collector of taxes shall keep in suitable books a fair and correct 
account in detail of the taxes due, collected, and abated, and of all prop- 
erty sold for non-payment of taxes; and these accounts shall be public 
records. He shall on or before the tenth day of the following month pay 
over to the town treasurer all money collected by him in the preceding 
month and make a final payment to the town treasurer of all moneys 
collected by him on or before December thirty-first as soon as possible 
after the close of the fiscal year. He shall submit his tax books and lists 
to the treasurer and selectmen for inspection and computation Avhen re- 
quested so to do and if they discover any errors therein they shall im- 
mediately notify the town auditors thereof; and the auditors shall 
promptly examine the collector's records and make a written report to 
the selectmen and state tax commission of their findings, conclusions and 
recommendations. The collector shall be at the town hall or other place 
where the selectmen customarily meet at least one day each month for 
at least four hours for the transaction of tax business. He shall make a 
written report to the town at the end of each fiscal year which shall con- 
tain the following information: the amount of taxes committed to him 
to collect; the amount of taxes collected, together with interest thereon; 
the amount of discounts allowed; the amount of taxes abated; a detailed 
list of uncollected taxes and the names of those to whom they were as- 
sessed; and an account of all sales of real estate by him to collect taxes. 

27:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 30, 1965.] 
[Effective date May 29, 1965.] 



1965] Chapter 28 19 

CHAPTER 28. 

AN ACT RELATING TO POSTING OF BUDGETS UNDER THE MUNICIPAL 

BUDGET LAW. 

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

28:1 Budgets. Amend RSA 32:5 (supp) as amended by 1959, 78:1 
by striking out the section and inserting in its place the following: 32:5 
Preparation of Budget. The budget committee shall prepare budgets 
according to forms prescribed by the tax commission for town expendi- 
tures, school district expenditures and village district expenditures. It 
shall hold at least one public hearing on each budget, public notice, and 
time of which shall be given at least seven days in advance. The budget 
committee shall confer with selectmen, school boards, village district 
commissioners and other officers and departments relative to estimated 
costs, revenues anticipated, and services performed; and it shall be the 
duty of all such officers and other persons to furnish such pertinent in- 
formation to the budget committee. Selectmen, school boards, village 
district commissioners and department heads shall prepare a statement 
of estimated expenses and receipts for the ensuing year and submit the 
same to the budget committee at such time as the buds^et committee shall 
fix. The budget committee shall prepare and submit to the selectmen 
for them to post with the town warrant two copies of the budget pre- 
pared for the town at least fifteen days before the annual town meeting. 
It shall likewise prepare and submit to the school board, or village dis- 
trict commissioners two copies of a school district or village district bud- 
get to be acted upon at the school district or village district annual meet- 
ings at least fifteen days before said annual meeting for posting by the 
school board or the village district commissioners with the warrants for 
their respective meetings. 

28:2 Effective Date. This act takes effect sixty days after passage. 
[Approved March 30, 1965.] 
[Effective date May 29, 1965.] 



CHAPTER 29. 

AN ACT RELATING TO APPLICATIONS FOR TAX ABATEMENTS. 

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

29:1 Tax Abatements. Amend RSA 76:16-a (supp) as inserted by 
1955, 162:1 by striking out the section and inserting in place thereof the 
following: 76:16-a By Tax Commission. If the selectmen neglect or re- 
fuse so to abate, any person aggiieved, having complied with the require- 



20 Chapter 30 [1965 

ments of chapter 74, upon payment of an application fee of five dollars, 
may, within six months after notice of such tax, and not afterwards, apply 
in ^vriting to the state tax commission, which after due inquiry and in- 
vestigation shall make such order thereon as justice requires. 

29:2 Effective Date. This act takes effect July 1, 1965. 
[Approved April 1, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 30. 

AN ACT RELATING TO OFFENSES INVOLVING MINORS. 

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

30:1 Places of Resort and Employment. Amend RSA 571:5 by strik- 
ing out the words "or in any licensed billiard or pool room," so that the 
section is amended to read as follows: 571:5 Rooms Where Liquor Is 
Sold. No minor under the age of eighteen years shall be admitted at any 
time to, or permitted to remain in, a place where spirituous or intoxi- 
cating liquors are sold under the provisions of section 4 of chapter 178, 
RSA, unless accompanied by parent or guardian. If a proprietor, keeper, 
or manager of any such place shall violate any provisions of this section 
he shall be fined not more than twenty dollars. 

30:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



CHAPTER 31. 



AN ACT RELATING TO LIFE INSURANCE LIMITS IN LOANS FOR 
EDUCATIONAL PURPOSES. 

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

31:1 Educational Loans. Amend subparagraph (d) of paragraph 
(2) of RSA 408:15 (supp), as amended by 1959, 190:1, by adding after 
the word "less" at the end of the subparagraph the words, except that in 
the case of loans made to the borrower to defray educational expenses 
the amount of such insurance shall not exceed the amount owed by him 
which is repayable in installments to his creditor, or twenty thousand 



1965] Chapter 32 21 

dollars, whichever is less, so that the subparagraph is amended to read 
as follows: 

(d) The amount of insurance on the life of any debtor shall at no 
time exceed the amount owed by him which is repayable in installments 
to his creditor, or ten thousand dollars, whichever is less, except that 
in the case of loans made to the borrower to defray educational expenses, 
the amount of such insurance shall not exceed the amount owed by him 
which is repayable in installments to his creditor, or twenty thousand 
dollars, whichever is less. 

31:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



CHAPTER 32. 

AN ACT RELATIVE TO RESIGNATION OF MEMBERS OF THE GENERAL COURT. 

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

32:1 Members of the General Court. Amend RSA 14-A, as inserted 
by 1965, 7:1, by inserting at the end the following new section: 14-A:2 
Resignations. I. A member of the general court may resign his office by 
delivering a written resignation to the presiding officer of the branch in 
which the member serves. When the general court is in session the resig- 
nation becomes effective by delivering the letter of resignation to the 
presiding officer concerned at the state house in Concord, by mail or 
otherwise. If the general court is in recess, the resignation becomes effec- 
tive on the delivery of the letter of resignation to the presiding officer 
concerned at his place of residence, by mail or otherwise. The presiding 
officer who receives a letter of resignation shall send it to the secretary of 
state for filing. 

II. If the ofeneral court is not in session, and if the office of the 
presiding officer is vacant, a resignation from the general court may be 
made and becomes effective by delivering a letter of resignation to the 
secretary of the state at his office in the state house, by mail or otherwise. 
The secretary of state shall file the letter of resignation in his office, and 
he shall notify the clerk of the branch in which the resignation occurs 
of the existence of the vacancy. The secretary of state shall also notify 
the town or city clerk of the town or ward in which the vacancy occurs. 

32:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



22 Chapter 33 [1965 

CHAPTER 33. 

AN ACT RELATING TO THE FILING OF PROPERTY TAX INVENTORIES. 

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

33; 1 Inventory. Amend RSA 73:5 (supp) as amended by 1963, 85:1 
by adding at the end thereof the following sentence, the selectmen or 
assessors may so require and it shall be an obligation of the person, firm 
or corporation to file with the selectmen or assessors a true and correct 
inventory of the property subject to taxation under this section in such 
form as the tax commission may prescribe, so that the section is amended 
to read: 73:5 Later Taxation. Whenever a person, firm or corporation, 
after April first and before the following 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 machinery, 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. The selectmen or assessors may so require and it shall 
be an obligation of the person, firm or corporation to file with the select- 
men or assessors a true and correct inventory of the property subject to 
taxation under this section in such form as the tax commission may pre- 
scribe. 

33:2 Effective Date. This act takes effect sixty days after passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



CHAPTER 34. 

AN ACT RELATING TO REPORTING THE NAMES OF MUNICIPAL OFFICERS. 

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

34:1 Towns. Amend RSA 41:19 by striking out the section and in- 
serting in its place the following: 41:19 Report to Tax Commission. 
Every tow^n clerk, after the annual town meeting, shall forthwith report 
the names and post office addresses of all town officers to the state tax 
commission. If any town officer has not been chosen or appointed at that 
time the town clerk shall promptly make a like report when such officer 
is chosen or appointed so that the tax commission shall at all times be in- 
formed of the names and mailing addresses of all town officers. 



1965] Chapter 35 23 

34:2 Village Districts. Amend RSA 52 by inserting after section 52:8 
the foUoAving new section: 52:8-a Report to Tax Commission. The clerk 
of a village district after the annual meeting shall forthwith report the 
names and post office addresses of all village district officers to the state 
tax commission. If any village district officer has not been chosen or ap- 
pointed at that time the clerk shall promptly make a like report when 
such officer is chosen or appointed so that the tax commission shall at all 
times be informed of the names and mailing addresses of all village dis- 
trict officers. 

34:3 School Districts. Amend RSA 197:21 by striking out said sec- 
tion and inserting in its place the following: 197:21 Reports by Clerk. 
The clerk of every school district, after the annual meeting, shall forth- 
with report the names and post office addresses of all school district officers 
to the state tax commission and to the commissioner of education. If any 
school district officer has not been chosen or appointed at that time the 
school district clerk shall promptly make like reports when such officer 
is chosen or appointed so that the tax commission and the commissioner 
of education shall at all times be informed of the names and mailing ad- 
dresses of all school district officers. 

34:4 Effective Date. This act takes effect sixty days after passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



CHAPTER 35. 



AN ACT RELATIVE TO ACCREDITING OUT-OF-STATE INSTITUTIONS OF 

HIGHER LEARNING. 

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

35:1 Out-of-State Institutions of Higher Learning. Amend RSA 186 
by inserting after section 13-a, as inserted by 1963, 303:16 the following 
new sections: I86:13-b Branches or Extension Courses in this State. Any 

out-of-state institution of higher learning planning to establish a branch, 
branches, or extension courses, in this state, shall apply to the coordinat- 
ing board of advanced education and accreditation for an evaluation of 
its plans. Plans for each such branch, branches, or extension courses shall 
thereupon be evaluated, and, if approved, the branch, branches, or ex- 
tension courses shall be accredited for such period and under such regu- 
lations as said board may determine. If a branch, or branches, or program 
of extension courses are disapproved at any time by said board all opera- 
tions and publicity of it shall cease without delay. 186:13-c Penalty. Any 
such out-of-state institution establishing a branch, branches, or extension 
courses in this state Avithout such branch, branches or extension courses 



24 Chapter 36 [1965 

being accredited by said board as provided in section 13-b, shall be listed 
by the state board of education as non-approved branch, branches, or 
extension courses and this action shall be published through the press 
and through correspondence with colleges and secondary schools in this 
region. 

35:2 Takes Effect. This act shall take effect on passage. 
[Approved April 1, 1965.] 
[Effective date April 1, 1965.] 



CHAPTER 36. 



AN ACT RELATING TO THE CLOSING DATE FOR ARTICLES TO BE SUBMITTED 
FOR THE SCHOOL DISTRICT WARRANT. 

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

36:1 School Meeting. Amend RSA 197:6 by striking out the entire 
section and inserting in its place the following: 197:6 Warrant. Upon 
the written application of ten or more voters or one-sixth of the voters 
of the school district, presented to the school board or one of them not 
later than thirty days before the date prescribed for the school district 
meeting, the school board shall insert in the school district warrant for 
such meeting any subject-matter specified in such application. No article 
may be inserted after posting of said warrant. 

36:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 1 ,1965.] 
[Effective date May 31, 1965.] 



CHAPTER 37. 



AN ACT AUTHORIZING STATE BANKING INSTITUTIONS TO ACT AS FISCAL 
AGENTS OF THE UNITED STATES. 

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

37:1 Banking Institutions. Amend RSA 384 by inserting after sec- 
tion 37 (supp) as inserted by 1963, 145:1 the following new subdivision: 

Fiscal Agent of United States 

384:38 Authority to Act. State banks, savings banks or institutions 
for savings, trust companies, banking companies, and all similar corpora- 
tions, cooperative banks, building and loan associations, and credit unions 
are authorized to act as fiscal agent of the United States. When designated 



1965] Chapter 38 25 

as fiscal agent by the secretary of the treasury, they shall perform, under 
such regulations as he may prescribe, all reasonable duties as fiscal agent 
of the United States as he may require, and they are authorized to act as 
agent for any instrumentality of the United States, as an agent of this 
state, or any instrumentality of this state. 

37:2 Repeal. RSA 393:57, as added by 1961, 136:9, is repealed. 

37:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



CHAPTER 38. 

AN ACT RELATIVE TO ISSUANCES OF SUMMONS IN CRIMINAL MATTERS. 

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

38:1 Written Summonses Required. Amend RSA 594:14 by strik- 
ing out the same and inserting in place thereof the following: 594:14 
Summons Instead of Arrest. In any case in which it is lawful for a peace 
officer to arrest without a warrant a person for a misdemeanor, he may 
instead issue to him in hand a written summons in substantially the fol- 
lowing form: 

THE STATE OF NEW HAMPSHIRE 

To 

You are hereby notified to appear before the district (munici- 
pal) court of the State of New Hampshire, to be holden on the day 

of 19.... at o'clock in the forenoon (afternoon) to answer 

to a complaint (to be filed in said court) charging you with in 

violation of the laws of the State of New Hampshire. 

Hereof fail not, as you will answer your default under the penalty of the 

law in that behalf made and provided. 

Dated at 

Name 



the day of 19 

Title 

Upon failure to appear, a warrant of arrest may issue. Wilful failure 
to appear in answer to such summons may be punished by a fine of not 
over one hundred dollars or imprisonment for not over thirty days. 

38:2 Takes Effect. This act shall take effect sixty days after its, pas- 
sage. 

[Approved April 1, 1965.] 
[Effective date May 31, 1965.] 



26 Chapter 39 [1965 

CHAPTER 39. 

AN ACT RELATIVE TO POLITICAL EXPENDITURES BY SPECIAL COMMITTEES. 

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

39:1 Committee Required to File Statement. Amend RSA 70:4, as 
amended by 1955, 273:1 and 1957, 303:2-4, by adding a new paragraph 
after paragraph Vll to read: VIII. By a political committee, except the 
state, county, city, ward or town committee of a political party, unless the 
political committee files with the secretary of state a statement of the pur- 
pose for which the political committee is organized, and a statement of 
the name and address of its chairman, treasurer, and other officers. The 
statements shall be filed not later than forty-five days prior to a primary 
election. A member of the committee shall not do any act as a committee- 
man to promote the success or defeat of a political party, a measure on 
the ballot, or a candidate, until the statements required by this paragraph 
are filed. A committee to promote the nomination of a candidate at a 
primary election may not be organized within forty-five days of a primary 
election. 

39:2 Effective Date. This act takes effect sixty days after passage. 
[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



CHAPTER 40. 



AN ACT RELATIVE TO APPOINTMENT AND SALARIES OF COURT 
STENOGRAPHERS. 

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

40:1 Appointment of Court Stenographers. Amend RSA 519:26 
(supp) as amended by 1955, 271:1; 1957, 129:1; 140:1; 1961, 221:14; 1963, 
260:3 by striking out the same and inserting in place thereof the follow- 
ing: 519:26 Appointment. The superior court, acting as a body, shall 
appoint such official court stenographers as they deem necessary, 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, and it shall set the 
salaries of each which they shall receive from the state. Each shall be 
sworn to the faithful discharge of his duties. They shall take full notes 
of all oral testimony and other proceedings in the trial of causes either 
at law or in equity including the charge of the justice in all trials before 
a jury and all comments and rulings of said justice in the presence of 
the jury during the progress of the trial as well as all statements and argu- 
ments of counsel addressed to the court, and during the trial shall fur- 



1965] Chapter 41 27 

nish for the use of the court or either of the parties a transcript of so 
much of their notes as the presiding justice may direct, and shall perform 
such other duties as the presiding justice shall direct. They shall also fur- 
nish a transcript of so much of the evidence and other proceedings taken 
by them as either party to the trial may require on payment therefor by 
such party at the rate fixed by the court as provided in section 30. 

40:2 Part-time Stenographers. Amend RSA 519:31 (supp) as amend- 
ed by 1955, 271:2; 1957, 140:2 by striking out the same and insert- 
ing in place thereof the following, 519:31 Stenographic Hire. The su- 
perior court may employ such additional part time stenographic assistance 
as it may require and shall set the per diem salary they shall be paid. They 
shall be paid such salary and shall be reimbursed for their actual expenses 
away from home by the county in which they are employed. 

40:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



CHAPTER 41. 

AN ACT DISCONTINUING THE PORTSMOUTH TERM OF THE SUPERIOR COURT. 

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

41:1 Portsmouth Term. Amend RSA 496:1 by striking out in the 
third line after the words "county of Rockingham: At", the words "Ports- 
mouth and" so that the section as amended reads as follows: 496:1 Time; 
Place. Terms of the superior court shall be holden annually, at the fol- 
lowing places in the following counties: 

For the county of Rockingham: At Exeter. 

For the county of Strafford: At Dover. 

For the county of Belknap: At Laconia. 

For the county of Carroll: At Ossipee. 

For the county of Merrimack: At Concord. 

For the county of Hillsborough: At Manchester and Nashua. 

For the county of Cheshire: At Keene. 

For the county of Sullivan: At Newport. 

For the county of Grafton: At Lebanon, Woodsville in the Town of 
Haverhill and Plymouth. 

For the county of Coos: At Lancaster and Berlin. Adjournment from 
Lancaster or Berlin may be made to Colebrook whenever the presiding 
justice deems it advisable. The times for holding the terms of court at 
the places designated in each county shall be established by rule of the 



28 Chapter 42 [1965 

superior court, ^vhich shall provide for the holding of not less than two 
terms annually in each county. 

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

[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



CHAPTER 42. 



AN ACT TO AUTHORIZE LIENS ON REAL PROPERTY OWNED BY PERSONS WHO 
RECEIVE SUPPORT FROM TOWNS. 

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

42:1 ToAvn Liens. Amend RSA 165 by inserting at the end of said 
chapter the following new sections: 165:28 Liens on Real Property. The 
amount of money spent by a town to support a poor person under this 
chapter shall, except for just cause, be made a lien on any real estate 
owned by the poor person. The liens are effective during the lifetime of 
the person being supported by the town, or until enforced as provided 
in this chapter, or until released by the selectmen. The selectmen of the 
town, in their discretion, may file a notice of the lien or an acknowledg- 
ment of satisfaction of the lien with the register of deeds of the county in 
which the person being supported owns real property. A notice of lien 
which contains the owner's name and a description of the real property 
sufficient to identify it is a valid lien on the property. The register of 
deeds shall keep a suitable record of such notices without charging any 
fee therefor, and he shall enter an acknowledgment of satisfaction of the 
lien upon written request of the selectmen, without fee. 165:29 Enforce- 
ment of Lien. Liens arising under section 28 of this chapter may be 
enforced by a bill in equity. 165:30 Relative Priority. Such lien shall be 
subordinate to mortgage and other valid liens, recorded with the register 
of deeds prior to the recording of the notice of lien referred to in section 
28. 

42:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



1965] Chapter 43 29 

CHAPTER 43. 

AN ACT TO AUTHORIZE LIENS ON REAL PROPERTY OWNED BY COUNTY 

PAUPERS. 

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

43:1 County Liens. Amend RSA 166 by adding at the end of said 
chapter the following new sections: 166:20 Liens on Real Property. 
The amount of money spent by a county to support a county pauper 
under this chapter shall, except for just cause, be made a lien on any real 
estate owned by the county pauper. The liens are effective during the 
lifetime of the county pauper, or until enforced as provided in this chap- 
ter, or until released by the county commissioners. The county commis- 
sioners, in their discretion, may file a notice of the lien or an acknowl- 
edgement of satisfaction of the lien with the register of deeds of the 
county in which the county pauper owns real property. A notice of lien 
which contains the owner's name and a description of the real property 
sufficient to identify it is a valid lien on the property. The register of 
deeds shall keep a suitable record of such notices without charging any 
fee therefor, and he shall enter an acknowledgment of satisfaction of the 
lien upon written request of the county commissioners, without fee. 
166:21 Enforcement of Liens. Liens arising under section 20 of this 
chapter may be enforced by a bill in equity. 166:22 Relative Priority. 
Such lien shall be subordinate to mortgage and other valid liens, re- 
corded with the register of deeds prior to the recording of the notice of 
lien referred to in section 20. 

43:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



CHAPTER 44. 



AN ACT RELATIVE TO ORGANIZATION OF CERTAIN EDUCATIONAL 

CORPORATIONS. 

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

44:1 Corporations of Higher Education. Amend RSA 292 by in- 
serting after section 8-a, as inserted by 1957, 32:2, the following new sub- 
division: 

Higher Education Corporations 

292: 8-b Terms Defined. The following words as used in this sub- 
division shall be construed as follows: 



30 Chapter 44 [1965 

I. "Board", means the coordinating board of advanced education 
and accreditation, established by RSA 186:13-a. 

II. "Hisfher learnino", means studies which are more advanced or 
difficult than those prevalently offered in a secondary school and which 
are creditable toward an academic or professional degree. 

III. "Degree", means the formal recognition of a stage of progress 
in the pursuit of higher learning, including the associate, bachelor's, 
master's, doctorate, professional, or other award, diploma or the equiva- 
lent under any other designation. 

292:8-0 Organization. The articles of agreement for the purpose 
of organizing a corporation for the establishment of an institution for 
post-secondary education or higher learning shall be submitted to the 
attorney-general or an assistant attorney-general, who shall examine the 
same and may require such amendment thereof or such additional in- 
formation as he may consider necessary. If he finds that such articles con- 
form to the provisions of this chapter relative to the organization of the 
corporation he shall so certify and endorse his approval thereon. He shall 
then forAvard the same to the coordinating board of advanced education 
and accreditation for its consent for said incorporation. 

292:8-d Approval. No articles of agreement for the incorporation 
of institutions for post-secondary or higher education shall be recorded 
in the office of the secretary of state unless or until the same have been 
approved by the attorney-general or an assistant attorney-general and 
consent for said incorporation has been obtained from the board. 

292:8-6 General Statement. The board shall approve as a corpora- 
tion of higher learning only such institutions as have been evaluated 
according to procedures and standards established by the board. 

292:8-£ Submission of Plans. Any person desiring to establish an 
institution of higher learning shall submit to the board, at the time ap- 
proval is requested for its articles of incorporation, its plans which shall 
be evaluated by the board prior to granting its certificate. Such applica- 
tion shall be made at least four months prior to the legislative session. 
Such evaluation shall include among other things the adequacy of the 
buildings or proposed buildings, instructional facilities and provisions 
for safety and well-being of its students, the qualifications of the faculty; 
the character of the program of studies and the adequacy of financial 
resources. 

292:8-g Limitation on Name. Notwithstanding the provisions of 
RSA 292:3 no person, school, association or corporation shall use in any 
way the term "junior college", or "college" or "university" in connection 
with an institution, or use any other name, title or descriptive matter 
tending to designate that it is an institution of higher learning unless 



1965] Chapter 44 31 

it has been incorporated under the provisions of this chapter. The provi- 
sions of this section shall not apply to a person, school, association or 
corporation which has been authorized to use said terms by law prior to 
January 1, 1965. 

292:8-h Granting of Degrees. No educational institution within 
this state shall grant degrees unless authorized by an act of the legislature 
to do so. Provided that this limitation shall not apply to any institution 
now granting degrees which has been in continuous operation since 1775, 
or to publicly supported institutions placed by the legislature under the 
authority of the state board of education. 

292:8-1 Penalty. Any person who shall violate the provisions of sec- 
tion 8-g or 8-h shall be fined not exceeding five hundred dollars. 

292:8-j Injunctive Relief. In addition to the penalty provided by 
section 8-i the board may institute in any court of competent jurisdiction, 
an action to prevent or restrain any violation of the provisions of section 
8-g or 8-h and the court shall adjudge to the plaintiff such relief by way 
of injunction (which may be mandatory) or otherwise as may be proper 
under all the facts and circumstances of the case, in order to fully effectu- 
ate the purpose of this subdivision. 

292:8-k Exemption. The provisions of this subdivision shall not 
apply to a corporation organized pursuant to the authority of RSA 292-A. 

44:2 Community College Courses. Amend RSA 292-A (supp) as 
inserted by 1961, 155:1 by inserting at the end thereof the following new 
section: 292-A:7 Equivalency Courses. The coordinating board of ad- 
vanced education and accreditation established by RSA 186:13-a may, 
upon application by any community college and upon finding that any 
course established by such college is taught by a qualified instructor and 
that the subject matter is of such a character as to meet its requirements, 
approve such course and designate it as the equivalent of a like course 
given by an approved higher education corporation. 

44:3 Takes Effect. This act shall take effect on passage. 
[Approved April 8, 1965.] 
[Effective date April 8, 1965.] 



32 Chapter 45 [1965 

CHAPTER 45. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF THE SURFACE WATERS 
OF THE LITTLE RIVER AND POWWOW RIVER WATERSHEDS. 

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

45:1 Classifications. On and after the effective date of this act the 
following surface waters shall be classified in accordance with provisions 
of RSA 149: 

I. Little River and all its tributaries, in the towns of Hampstead, 
Atkinson, Plaistow, Kingston and Newton, from their sources to the 
New Hampshire-Massachusetts state line. Class B-1. 

II. Powwow River and all its tributaries, in the towns of Sandown, 
Danville, Hampstead, Kingston, Newton, East Kingston, South Hampton, 
Kensington, and Seabrook, from their sources to the New Hampshire- 
Massachusetts state line. Class B-1. 

III. All lakes and ponds in the Little and Powwow river watersheds 
less than ten acres in size in their natural state. Class B-1. 

IV. All other surface waters of the Little and Powwoav river water- 
sheds hitherto unclassified, including streams in the towns of Newton, 
Plaistow, and Seabrook flowing across the state line into Massachusetts, 
which have not been included in I, II, and III above. Class B-1. 

45:2 Effective Date. This act takes effect on July 1, 1965. 
[Approved April 8, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 46. 

AN ACT PROHIBITING A DAUGHTER FROM MARRYING HER FATHER. 

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

46:1 Degrees Prohibited, Women. Amend RSA 457:2 by inserting 
the words, her father, after the words "No woman shall marry" so that 
the section is amended to read as follows: 457:2 Degrees Prohibited, 
Women. No woman shall marry her father, her father's brother, mother's 
brother, mother's husband, husband's father, son, husband's son, daus^h- 
ter's husband, brother, son's son, daughter's son, son's daughter's hus- 
band, daughter's daughter's husband, brother's son, sister's son, father's 
brother's son, mother's brother's son, father's sister's son or mother's sis- 
ter's son. 



1965] Chapter 47 33 

46:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 8, 1965.] 
[Effective date June 7, 1965.] 



CHAPTER 47. 



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

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

47:1 Classifications. On and after the effective date of this act the 
following surface waters shall be classified in accordance with provisions 
of RSA 149, as amended: 

I. Ice Gulch and Perkins brooks, tributaries to Moose Brook, in 
the towns of Gorham and Randolph, from their sources to the crests of 
their respective water supply dams serving the town of Gorham, Class A. 

II. North Branch Home Brook and all its tributaries, in the unin- 
corporated place of Success, from their sources to the crest of the Keene 
reservoir water supply dam serving the city of Berlin, Class A. 

III. South Branch Home Brook and all its tributaries, in the unin- 
corporated place of Success, from their sources to the crest of the water 
supply intake dam serving the city of Berlin, Class A. 

IV. Bean Brook and all its tributaries, in the unincorporated place 
of Success and the city of Berlin, from their sources to the crest of the 
Bean reservoir water supply dam serving the city of Berlin, Class A. 

V. Steward and Anderson reservoirs and all their tributaries, in the 
unincorporated place of Success and the City of Berlin, from their sources 
to the crest of the Stewart reservoir water supply dam serving the city of 
Berlin, Class A. 

VI. All lakes and ponds within the Androscoggin River watershed 
less than ten acres in size in their natural state and hitherto unclassified, 
Class B-1. 

VII. All other surface waters within the Androscoggin River water- 
shed hitherto unclassified, except the main river, in the following munici- 
palities and unincorporated places: Atkinson and Gilmanton Academy 
Grant, Berlin, Cambridge, Dummer, Errol, Gorham, Milan, Millsfield, 
Pittsburg, Randolph, Second College Grant (Dartmouth College Grant), 
Shelburne, Success, and Wentworth's Location, Class B-1. 

47:2 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved April 8, 1965.] 
[Effective date July 1, 1965.] 



34 Chapter 48 [1965 

CHAPTER 48. 

AN ACT REQUIRING A PHENYLKETONURIA TEST OF NEW BORN CHILDREN. 

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

48:1 Protection of Infancy. Amend RSA 132 by inserting after sec- 
tion 10 the following new sections: 132:10-a Phenylketonuria Test Re- 
quired. The physician and/or hospital attending a newborn child shall 
cause said child to be subject to a phenylketonuria test. 132:10-b Rules 
and Regulations. The director of the division of public health services 
shall make such rules and regulations pertaining to such tests as accepted 
medical practice shall indicate. 132.T0-C Exception. The provisions of 
sections 10-a and 10-b shall not apply if the parents of such child object 
thereto. 

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

[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 49. 

AN ACT RELATIVE TO INCREASE IN FISH AND GAME LICENSES. 

Be_ il_ Enacted by the Senate and House of Representatives in General 
Court convened: 

49:1 Resident Hunting License. Amend paragraph I of RSA 214:9, 
as amended by 1961, 32:2 by striking out the word "twenty-five" and in- 
serting in place thereof the word, seventy-five, so that said paragraph as 
amended shall read as follows: 1. If the applicant is a resident of this 
state and wishes to hunt, three dollars and seventy-five cents, and the 
agent shall thereupon issue a resident hunting license which shall entitle 
the licensee to hunt, shoot, kill or take, except by the use of traps, and to 
transport game birds and game animals under the restrictions of this 
title. 

49:2 Resident Fishing License. Amend paragraph II of RSA 214:9 
as amended by 1961, 32:2 by striking out the word "three" and inserting 
in place thereof the word, four, so that said paragraph as amended shall 
read as follo^vs: II. If the applicant is a resident of this state and ^vishes 
to fish, four dollars and twenty-five cents, and the agent shall thereupon 
issue a resident fishing license, which shall entitle the licensee to kill, 
take and transport fish and salt water smelt under the restrictions of this 
title. 



19651 Chapter 50 35 

49:3 Resident Combination License. Amend paragraph III of RSA 
214:9, as amended by 1961, 32:2, by striking out the word "four" and 
inserting in place thereof the word, six, so that said paragraph as amended 
shall read as follows: III. If the applicant is a resident of this state and 
wishes to hunt and fish, six dollars and seventy-five cents, and the agent 
shall thereupon issue a resident hunting and fishing license, which shall 
entitle the licensee to hunt, shoot, kill or take, except by use of traps, 
and to transport game birds, game animals, fish, and salt water smelt, 
under the restrictions of this title. 

49:4 Non-resident Fishing Licenses. Amend paragraph VIII of 
RSA 214:9 as amended by 1955, 324:1 and 1961, 32:2 by striking out said 
paragraph and inserting in place thereof the following: VIII. If the 
applicant is a non-resident and wishes to take fresh water fish or salt water 
smelt only, eight dollars and fifty cents, and the agent shall thereupon 
issue a non-resident fishing license which shall entitle the licensee to kill, 
take and transport fresh water fish and salt water smelt under the restric- 
tions of this title, provided that if said applicant wishes to take said fish 
or smelt for fifteen consecutive days, five dollars and fifty cents, and the 
agent shall thereupon issue a fifteen-day non-resident fishing license for 
said time only under the restrictions of this title, and further provided 
that if the applicant wishes to take said fish or smelt for seven consecutive 
days, four dollars and seventy-five cents, and the agent shall thereupon 
issue a seven-day non-resident fishing license for said time only under the 
restrictions of this title. 

49:5 Takes Effect. This act shall take effect as of January 1, 1966. 
[Approved April 14, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 50. 

AN ACT RELATIVE TO THE SALE OF LIQUOR BY CERTAIN GOLF CLUBS. 

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

50:1 Sale of Liquor. Amend RSA 176:11, as amended by 1963, 50:1 
and 158:3 by inserting in line six after the numeral "3" the numerals, 
3-a, 3-c; further amend said section by inserting in line six after the 
numeral "7" the numeral, 8; further amend said section by inserting in 
line eight after the numeral "3" the numeral, 3-a, so that said section as 
amended shall read as follows: 176:11 Rules and Regulations; Restric- 
tions 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 



36 Chapter 51 [1965 

polls are open except by persons holding licenses or permits under the 
provisions of RSA 178:3, 3-a, 3-c, 4, 6, 7, 8, 9, RSA 181:5, provided that 
persons holding licenses under the provisions of RSA 178:3, 3-a 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 election 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 boodis. 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 on passage. 
[Approved April 14, 1965.] 
[Effective date April 14, 1965.] 



CHAPTER 51. 



AN ACT RELATING TO CAPITAL REQUIRED TO ORGANIZE INSURANCE 

COMPANIES. 

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

51:1 Capital Required. Amend RSA 401:4 by striking out the same 
and inserting in place thereof the following: 401:4 Paid-up Capital. 
All stock companies organized under the provisions of this chapter shall 
have a paid-up capital of at least four hundred thousand dollars, except- 
ing title guarantee insurance companies which shall have a paid-up cap- 
ital of at least tA\'o hundred thousand dollars. 

51:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 52. 



AN ACT RELATING TO REPORTS OF EXAMINATIONS MADE BY THE 
BANKING DEPARTMENT. 

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

52:1 Examinations of Banking Institutions. Amend RSA 383 by 
inserting after 383:10-a (supp) as inserted by 1959, 199:7 the following 



1965] Chapter 53 37 

new section: 383:10-b Confidential Information. All records of investiga- 
tions and reports of examinations by the banking department, including 
any duly authenticated copy or copies thereof in the possession of any 
institution under the supervision of the bank commissioner, shall be 
confidential communications, shall not be subject to subpoena and shall 
not be made public unless, in the judgment of the commissioner, the 
ends of justice and the public advantage will be subserved by the pub- 
lication thereof. The commissioner may furnish to the federal supervisory 
authorities such information and reports relating to the institutions un- 
der his supervision as he deems best. On motion for discovery filed in 
any court of competent jurisdiction, in aid of any pending action, the 
court, after hearing the parties, may order the production of such records, 
investigations and reports for use in such action whenever it is found that 
justice so requires, subject to such reasonable safeguards imposed by the 
court as may be necessary to prevent use by unauthorized persons or pub- 
licity of irrelevant portions thereof. 

52:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 53. 

AN ACT PROVIDING FOR IMMUNITY FROM LIABILITY IN EMERGENCY CASES. 

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

53:1 Immunity Enlarged. Amend RSA 329:25 (supp) as inserted by 
1963, 256 by striking out in line four the words "on or along any public 
highway" so that said section as amended shall read as follows: 329:25 
Emergency Treatment. No person, authorized to practice medicine un- 
der this chapter or under the laws of any other state, who, in good faith, 
renders emergency care at the scene of an emergency 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 
result of any act or failure to act to provide or arrange for further medi- 
cal treatment or care. 

53:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



38 Chapter 54 [1965 

CHAPTER 54. 

AN ACT TO GIVE THE RIGHT TO VOTE TO A PERSON BECOMING OF VOTING 

AGE WITHIN SIX MONTHS AFTER MOVING FROM ONE PLACE WITHIN 

THE STATE TO ANOTHER PLACE WITHIN THE STATE. 

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

54:1 Voting Residence. Amend RSA 54:8 by inserting after para- 
graph II the following new paragraph: III A person who becomes of 
voting age within the six-month period immediately preceding the day 
of an election in ^vhich he wishes to vote, but who has moved from an- 
other place Avithin the state ^vhere he dwelled or had his home, may vote 
at the election in his new voting domicile under the following two condi- 
tions: 

(a) If he has dwelled or had his home within the state continuously 
during the six-month period immediately preceding the election at which 
he wishes to vote; and if 

(b) Prior to or at the last session for correction of the checklist or 
five days before any election, whichever is later, he furnishes to the super- 
visors of the checklist in the new voting domicile a certificate of domicile 
issued by the supervisors of the checklist or affidavit of three knowledge- 
able residents of the old domicile which sets forth the facts of his dwelling 
or having his home in the old domicile. 

If a person who becomes of voting age fails to apply for the certificate 
of dom^icile within the time stated, the failure to apply shall not be con- 
sidered a forfeiture of his voting domicile from the old domicile and he 
shall retain his voting domicile in the old domicile until he has resided 
in the new voting domicile for a period of six months immediately pre- 
ceding any election. 

54:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 55. 



AN ACT RELATING TO TOWNS AND CITIES INCURRING INDEBTEDNESS TO PAY 

FOR REAPPRAISALS. 

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

55:1 Reassessments. Amend RSA 33 by adding after section 33:3-a 
the following new section: 33:3-b Additional Purpose. A city or to\vn 



1965] Chapter 55 39 

may issue its bonds or notes for the purpose of defraying the cost of a 
reappraisal by professional appraisers of the real estate in such city or 
town for tax assessment purposes, or for the acquisition of a tax map of 
said city or town; said bonds or notes to mature in a period of not more 
than five years from the date of issue. 

55:2 Effective Date. This act takes effect sixty days after passage. 
[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 56. 



AN ACT RELATIVE TO ANNUAL PAYMENTS TO FIREMEN S RETIREMENT BOARD 

BY CALL FIREMEN. 

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

56:1 Call Firemen. Amend RSA 102:19, as amended by 1959, 35:1, 
by striking out the words "six dollars per year" in the sentence beginning 
"All call, volunteer or substitute," and inserting in their place the words, 
twelve dollars per year, so that the section is amended to read as follo^vs: 
102:19 Eligibility and Application for Benefits. Call, volunteer, or sub- 
stitute firemen to be eligible for the benefits hereof must be accepted by 
their respective city, town, precinct or organized volunteer company. All 
call, volunteer or substitute firemen who desire the benefits of this chap- 
ter shall make application to the retirement board and pay the sum of 
twelve dollars per year, said amount to be paid in one sum, and shall 
give notice of their application for the benefits hereof to the treasurer 
or other disbursing officer of the city, town or precinct which employs 
them. The chief, clerk or other responsible officer of a fire company 
whose members have applied for the benefits of this chapter shall forward 
to the secretary of the board, on a form approved by the board, the num- 
ber and the names of such members as of July first of every year and 
shall also notify the board of any dismissals, resignations or deaths during 
the year of any of its members who were eligible to the benefits hereof. 
New members applying for the benefits of this chapter during the fiscal 
year, who are not replacing former members of their company who 
had applied for benefits hereunder shall be assessed the full amount as 
stated above, if their applications are received on or before December 
thirty-first of any year, but their protection hereunder shall run only to 
June thirtieth of the following year or to the beginning of the ncAv fiscal 
year. All new members who are not replacing former members during 
the fiscal year whose applications are received on or after January first 
of any year shall be assessed one-half the amount stated above and shall 
be protected only to June thirtieth of the same year or to the beginning 



40 Chapter 57 [1965 

of the new fiscal year. Members who, during the fiscal year, are replacing 
members who had accepted the benefits of this chapter but who are no 
longer members of the fire department, shall not be assessed, but shall 
be entitled to the benefits hereof to June thirtieth of the same fiscal year 
for ^vhich the member whom they are replacing was eligible. All assess- 
ments from call, volunteer or substitute firemen, for any fiscal year be- 
ginning July first to June thirtieth of the following year, shall be paid 
on or before June thirtieth of that fiscal year in which application or 
renewal of application is received by the board; with the exception, that, 
in case of total and permanent disability or accidental death of any mem- 
ber who has made application for the benefits of this chapter, benefits 
accruing to such member or to his beneficiary shall not be paid until his 
assessment for that fiscal year has first been received by the board. 

56:2 Effective Date. This act takes effect July 1, 1965. 
[Approved April 14, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 57. 

AN ACT RELATIVE TO UNEMPLOYMENT COMPENSATION TRUST FUNDS. 

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

57:1 Unemployment Compensation Fund. Amend paragraph B of 
RSA 282:8 by striking out the entire paragraph and inserting in its place 
the following: B. Accounts and Deposit. The commissioner shall desig- 
nate a permanent full-time classified employee of the department to be 
treasurer of the fund Avho also shall be the custodian thereof. The treas- 
urer shall administer such fund solely in accordance with the directions 
of the commissioner. He shall maintain within the fund three separate 
accounts: (1) a clearing account, (2) an unemployment trust fund account, 
and (3) a benefit account. All moneys payable to the fund, upon receipt 
thereof by the treasurer, shall be immediately deposited in the clearing 
account. Refunds payable pursuant to section 12-H of this chapter may 
be paid from the clearing account. The clearing account shall be used 
for deposit and clearance of any instrument which involves payment to 
the unemployment compensation fund and any other fund created with- 
in or without the state treasury by this chapter; upon clearance, such 
amount as is found to be due such other fund shall immediately be with- 
drawn by check and forwarded to the custodian of such fund for deposit. 
After clearance thereof, all other moneys in the clearing account shall be 
immediately deposited with the secretary of the treasury of the United 
States of America to the credit of the account of this state in the unem- 
ployment trust fund, established and maintained pursuant to section 



1965] Chapter 57 41 

904 of the Social Security Act, as amended, any provisions of law in this 
state relating to the deposit, administration, release, or disbursement of 
moneys in the possession or custody of this state to the contrary notwith- 
standing. The benefit account shall consist of all moneys requisitioned 
from this state's account in the unemployment trust fund. Except as 
herein otherAvise provided, moneys in the clearing and benefit accounts 
may be deposited by the treasurer in any bank or public depository in 
which general funds of the state may be deposited, but no public deposit 
insurance charge or premium shall be paid out of said fund. The treas- 
urer shall give a bond conditioned upon the faithful performance of 
his duties including; those as custodian of the fund in the amount of 
three hundred thousand dollars. Premiums for said bond shall be paid 
from the unemployment compensation and employment service admin- 
istration fund and purchased by the division of purchase and property. 

57:2 Unemployment Compensation Fund. Amend paragraph C of 
RSA 282:8 by striking out the entire paragraph and inserting in its place 
the following: C. Withdrawals. The commissioner shall from time to 
time requisition from the unemployment trust fund such amounts, not 
exceeding the amounts standing to this state's account therein, as he 
deems necessary solely for the payment of benefits for a reasonable future 
period. Upon receipt thereof the treasurer shall deposit such moneys in 
the benefit account. Benefit payments shall be made solely from the bene- 
fit account. All checks dra^vn on either the clearing account or benefit 
account shall bear the signature of the commissioner or his duly author- 
ized agent for that purpose. Any balance of moneys requisitioned from 
the unemployment trust fund which remains unclaimed or unpaid in 
the benefit account after the expiration of the period for which such 
sums Avere requisitioned shall either be deducted from estimates for, and 
may be utilized for the payment of, benefits during succeeding periods, 
or, in the discretion of the commissioner of the department of employ- 
ment security, shall be redeposited with the secretary of the treasury of 
the United States of America, to the credit of this state's account in the 
unemployment trust fund, as provided in section 8-B of this chapter. 

57:3 Reciprocal Arrangements. Amend subparagraph (5) of para- 
graph A of RSA 282:16 (supp) as inserted by 1963, 194:11 by striking 
out the same and inserting in place thereof the following: (5) The said 
department may administer, at no cost to this state, as an agent of the 
United States of America, employment security and related 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 outside 
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 by 
federal law, as he determines necessary to carry out the purposes of this 



42 Chapter 58 [1965 

provision. Monies granted by the federal government for payment of 
department personnel salaries and expenses, supplies, equipment and 
rent and such other expenses as are approved by the federal agency to 
carry out any agreement shall be deposited in the unemployment com- 
pensation and employment service administration fund provided by this 
chapter. The treasurer, as provided in section 8 of this chapter, shall be 
the treasurer of such fund as is created hereunder and it shall be safe- 
guarded in such manner as may be required by federal law. The cost of 
any bond required by any federal agency shall be paid from the unem- 
ployment compensation and employment service administration fund 
created by this chapter. 

57:4 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 58. 



AN ACT RELATIVE TO POWER OF TESTATORS TO DESIGNATE REPRESENTA- 
TIVES FOR UNKNOWN BENEFICIARIES. 

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

58:1 Nomination of Representatives. Amend RSA 553 by inserting 
after section 12 the following new section: 553:12-a Nomination of 
Person to Represent Unborn or Unascertained Interests. If a deceased 
person in his duly allowed will has nominated a spouse or lineal descend- 
ant, even though interested, to represent the interests of persons unborn 
or unascertained, the court, in the absence of good cause sho^vn, shall 
comply with the expressed desire of the deceased with respect to such 
representation. 

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

[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



CHAPTER 59. 

AN ACT RELATIVE TO THE POWERS OF THE BALLOT-LAW COMMISSION 

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

59:1 Scope of Appeal Enlarged. Amend paragraph I of RSA 68:4 
by striking out in line eight the word "only" and inserting in place there- 



1965] Chapter 59 43 

of the word, all; further amend said paragraph by striking out in line 
nine the words " by the appellant"; so that said paragraph as amended 
shall read as follo^vs. I. In case of a primary recount as provided in sec- 
tions 56 to 61, inclusive, of chapter 56, RSA, any person voted for upon 
the ballot of any party, who, by declaration of the secretary of state upon 
recount, was not chosen as the candidate of such party, may within three 
days after said declaration, appeal therefrom to the ballot-law^ commis- 
sion by filing his written appeal with the secretary of state. The ballot-law 
commission shall forthwith meet, hear and decide such appeal and shall, 
on such appeal, consider and review all the rulings of the secretary of 
state on ballots protested during the recount. If after such review it shall 
appear that the appellant was nominated, the commission shall change 
the declaration of the secretary of state and issue a certificate of nomina- 
tion to the appellant. The decision of the ballot-law commission shall 
be final as to questions both of law and fact, and no court shall have 
jurisdiction to review such decision. The jurisdiction vested in the com- 
mission under this paragraph shall be exclusive of all other remedies. 

59:2 Powers Enlarged. Amend paragraph II of RSA 68:4 by strik- 
ing out in line seven the word "only" and inserting in place thereof the 
word, all; further amend said paragraph by striking out in line eight 
the Avords "by the appellant"; so that said paragraph as amended shall 
read as follows. II. In case of an election recount as provided in sections 
94 to 98, inclusive, of chapter 59, RSA, any candidate who, by declaration 
of the secretary of state upon recount did not have the greatest number 
of votes, may within three days after said declaration, appeal therefrom 
to the ballot-law commission by filing his written appeal with the secre- 
tary of state. The ballot-law commission shall forthwith meet, hear and 
decide such appeal and shall, on such appeal, consider and review all the 
rulings of the secretary of state on ballots protested during the recount. 
If after such review, it shall appear that the appellant had the greatest 
number of votes, the commission shall change the declaration of the secre- 
tary of state and issue a certificate of such changed declaration to the 
appellant. The decision of the ballot-law commission under this para- 
graph shall be subject to appeal as provided in section II of this chapter. 
The jurisdiction vested in the commission under this paragraph shall be 
exclusive; but nothing contained in this paragraph shall be construed 
to bar any person from recourse to the superior court on other questions, 
within the jurisdiction of such court, relating to the legality or regularity 
of biennial elections or the results thereof. 

59:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 14, 1965.] 
[Effective date June 13, 1965.] 



44 Chapter 60 [1965 

CHAPTER 60. 

AN ACT TO CHANGE THE LABELING REQUIREMENTS OF AGRICULTURAL SEEDS. 

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

60:1 Definitions of Noxious Weeds. Amend paragraphs IV, V, and 
VI of RSA 434:1 by striking out the word "primary" wherever it occurs 
in the three paragraphs and inserting in its place the Avord, prohibited, 
and by striking out the word "secondary" wherever it occurs in the three 
paragraphs and inserting in its place the word, restricted, so that the 
paragraphs read as follows: IV. Noxious weed seeds shall be divided 
into two classes, "prohibited noxious weed seeds" and "restricted noxious 
Aveed seeds" as herein defined; provided, that the commissioner of agri- 
culture may add to or subtract from the list of seeds included under 
either definition whenever he finds that such additions or subtractions 
are within the respective definitions. 

V. "Prohibited noxious weed seeds" shall include the seeds of peren- 
nial weeds such as those that reproduce and spread by underground 
roots or stems as Avell as by seed, and Avhich, Avhen established, are highly 
destructive and difficult to control in this state by ordinary good cultural 
practice. Prohibited noxious weed seeds in this state are the seeds of: 
Canada thistle (Cirsium arvense), field bindweed (Convolvulus ar\'ensis), 
and quack grass (Agropyron repens). 

VI. "Restricted noxious weed seeds" shall include the seeds of such 
weeds as are very objectionable in field, lawns, or gardens of this state, 
but can be controlled by good cultural practices. The restricted noxious 
weed seeds in this state are the seeds of: dodder (Cuscuta spp.) and crab 
grass (Digitaria sanguinalis). 

60:2 Definition of Treated. Amend RSA 434:1 by adding a new 
paragraph to the end of the section, as follows: IX. The term "treated" 
means that the seed has received an application of a substance, or that 
the seed has been subjected to a process for Avhich a claim is made. 

60:3 Label Requirement. Amend RSA 434:2 by striking out the 
words and fissures "oivinsr the information as set forth in sections 3 and 
4," at the end of the section and inserting in their place the Avords, giA ing 
the folloAving information:, and by adding neA\^ paragraphs numbered 
I, II, III, and IV to the end of the section, so that the section is amended 
to read as folloAvs: 434:2 Label Requirement. Each separate container 
of agricultural or vegetable seed, including seeds in small packets, Avhich 
is sold, ofi^ered for sale, or exposed for sale, within this state for soAving 
purposes shall bear thereon or have attached thereto in a conspicuous 
place a plainly written or printed label or tag in the English language, 
giving the folloAving information: 



1965] Chapter 60 45 

I. The name and address of the person who labeled the seed, or 
who sells, offers, or exposes the seed for sale within this state. 

II. For all seeds named and treated as defined in this chapter (for 
which a separate label may be used): 

(A) A word or statement indicating that the seed has been treated. 

(B) The commonly accepted coined, chemical or abbreviated chem- 
ical (generic) name of the applied substance or description of the process 
used. 

(C) If the substance in the amount present with the seed is harmful 
to human or other vertebrate animals, a caution statement such as "Do 
not use for food or feed or oil purposes." The caution for mercurials and 
similarly toxic substances shall be a poison statement or symbol. 

(D) If the seed is treated with an innoculant, the date beyond which 
the innoculant is not to be considered effective (date of expiration). 

III. For agricultural seeds the following is required: 

(A) Commonly accepted name of kind, or kind and variety, of each 
agricultural seed component in excess of five per cent of the whole and 
the percentage by weight of each. Where more than one component is 
required to be named, the word "mixture" or "mixed" shall be associated 
with the name on the label. 

(B) Lot number or other lot identification. 

(C) Origin, if known, of alfalfa, red clover, and field corn (except 
hybrid corn). If the origin is unknown, that fact shall be stated. 

(D) Percentage by weight of all weed seeds, including those known 
as noxious weeds. 

(E) If present, the names of the kinds of restricted noxious Aveed 
seeds and the rate of occurrence of each: 

(1) Per ounce in Agrostis spp., Poa spp., Rhodes grass, Bermuda 
grass, timothy, orchard grass, fescues, alsike and white clover, reed canary 
grass, Dallis grass, ryegrass, foxtail millet, crimson clover, Brassica spp., 
flax, Agropyron spp., and other agricultural seeds of similar size and 
weight or mixtures within this group and 

(2) Per pound in proso, Sudan grass, wheat, oats, rye, barley, buck- 
wheat, sorghums, vetches, and other agricultural seeds of a size and ^veight 
similar to or greater than those within this group, or any mixtures within 
this group. All determinations of noxious weed seeds shall be subject to 
tolerances and methods of determination prescribed in the rules and regu- 
lations under this chapter. 



46 Chapter 60 [1965 

(F) Percentage by weight of agricultural seeds other than those re- 
quired to be named on the label. 

(G) Percentage by A\^eight of inert matter. 

(H) For each named agricultural seed, percentage of germination, 
exclusive of hard seed, percentage of hard seed, if present, and the calen- 
dar month and year the test was completed to determine such percent- 
ages. 

I\^ For vegetable seeds the following is required: 

(A) For peas, beans, and sweet corn in containers of one pound or 
less, and all other kinds of vegetable seeds in containers of one-quarter 
pound or less: 

(1) The calendar month and year when last tested for germination 
or the calendar year for which seed is packaged. 

(2) The kind and variety of seed. 

(3) For seed that germinates less than the standard last established 
by the commissioner of agriculture hereunder, and in type not smaller 
than eight-point size: 

(a) Percentage of germination, exclusive of hard seed, 

(b) Percentage of hard seed, if present, 

(c) The calendar month and year the test was completed to deter- 
mine such percentages, 

(d) The words "Below Standard." 

(B) For peas, beans, and sweet corn in containers of more than one 
poiuid and all other kinds of vegetable seeds in containers of more than 
one-quarter pound: 

(1) The kind and variety of seed, 

(2) The calendar month and year when last tested for germination, 

(3) For seed that germinates less than the standard last established 
by the commissioner of agriculture hereunder, and in type not smaller 
than eight-point size: 

(a) Percentage of germination, exclusive of hard seed, 

(b) Percentage of hard seeds, if present, 

(c) The calendar month and year the test was completed to deter- 
mine such percentages, 

(d) The words "Below Standard." 



1965] Chapter 60 47 

60:4 Prohibitions and Illegal Sales. RSA 434:6 is amended by strik- 
ing out the entire section and inserting in its place a new section as fol- 
lows: 434:6 Prohibitions and Illegal Sales. I. It is unlawful for any 
person to sell, offer for sale or expose for sale any agricultural or vegetable 
seed within this state: 

(A) Unless the test to determine the percentage of germination re- 
quired by section 2 of this chapter has been completed within the nine- 
month period, exclusive of the calendar month in which the test was 
completed, immediately prior to sale, exposure for sale, or offering for 
sale. 

(B) Not labeled in accordance with the provisions of this chapter, 
or having a false or misleading labeling. 

(C) Pertaining to which there has been a false or misleading adver- 
tisement. 

(D) Any agricultural seeds containing any prohibited noxious 
weed seeds except as may be allowed under tolerances prescribed in the 
rules and regulations authorized under this chapter. 

II. It is unlawful for any person within this state: 

(A) (1) To detach, alter, deface, or destroy any label provided for by 
this chapter or by the rules and regulations made and promulgated un- 
der this chapter, or 

(2) To alter or substitute seed in a manner that may defeat the pur- 
poses of this chapter. 

(B) To disseminate any false or misleading advertisement concern- 
ing agricultural or vegetable seed in any manner or by any means. 

(C) To hinder or obstruct in any way any authorized person in the 
performance of his duties under this chapter, 

(D) To fail to comply with a "stop-sale" order. 

60:5 Exemptions. RSA 434:7 is amended by striking out the words 
and figures "2 to 6, inclusive," and by inserting in their place the words 
and figures, 2 and 6 of this chapter, by striking out everything in the 
section that follows the words "cleaning or processing establishment for 
cleaning or processing," and inserting in their place a period after the 
second use of the word "processing"; and by adding the following new 
sentence. However, any labeling or other representation made with re- 
spect to the unclean seed is subject to the provisions of this chapter, so 
that the section is amended to read: 434:7 Exemptions. The provisions 
of sections 2 and 6 of this chapter do not apply to seed or grain not in- 
tended for sowing purposes, nor to seed in storage in, or consigned to, a 
seed cleaning or processing establishment for cleaning or processing. 



48 Chapter 61 [1965 

However, any labeling or other representation made with respect to the 
unclean seed is subject to the provisions of this chapter. 

60:6 Repeal. RSA 434:3 relative to requirements of labels for agri- 
cultural seeds is repealed. 

60:7 Repeal. RSA 434:4 relative to requirements of labels for veg- 
etable seeds is repealed. 

60:8 Repeal. RSA 434:5 relative to illegal sales of agricultural and 
vegetable seed is repealed. 

60:9 Effective Date. This act shall take effect upon its passage. 
[Approved April 14, 1965.] 
[Effective date April 14, 1965.] 



CHAPTER 61. 



AN ACT TO AUTHORIZE THE LAYOUT OF RIGHT OF WAY, THE ACQUISITION OF 

LAND AND RIGHT OF WAY, AND THE ENGINEERING FOR A 

HIGH LEVEL PORTSMOUTH-KITTERY BRIDGE. 

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

61:1 Interstate Highway. The commissioner of public works and 
high"\\^ays, subject to the approval of the governor and council, is author- 
ized to lay out the right of way and acquire land as provided by statute, 
and to perform the engineering work for the construction of a high-level 
bridge over the Piscataqua River at Portsmouth, New Hampshire, in- 
cluding the approaches to the bridge, as a part of the national system of 
interstate and defense highways, under the general provisions proposed 
as "Alternate Route A" in the Interstate Route 95 Location and Eco- 
nomic Study of the Wilbur Smith and Associates' study for the New 
Hampshire department of public works and highways. The commissioner 
is authorized to cooperate in the building of the bridge with the bureau 
of public roads of the United States Department of Commerce and Avith 
the Maine state highway commission. 

61:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 16, 1965.] 
[Effective date June 15, 1965.] 



1965] Chapter 62 49 

CHAPTER 62. 

AN ACT TO REPEAL SPECIAL FISHING REGULATIONS RELATIVE TO THE 
UPPER CONNECTICUT RIVER. 

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

62:1 Repeal. RSA 211:3, as amended by 1955, 277:4 is hereby re- 
pealed. 

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

[Approved April 16, 1965.] 
[Effective date June 15, 1965.] 



CHAPTER 63. 



AN ACT PROHIBITING THE SALE OF SWEEPSTAKES TICKETS BY UNAUTHORIZED 

PERSONS. 

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

63:1 Prohibition and Exemption. Amend RSA 284 by inserting 
after section 21-n, as inserted by 1963, 200:4, the following new sections: 
284:21 -o Purchase of Tickets for a Fee Prohibited. No person shall en- 
gage in the business of purchasing or offering to purchase a sweepstakes 
ticket or tickets for, in behalf of, or in the name of another for a fee or 
service charge which shall make the ultimate cost of such ticket or tickets 
to the registered owner thereof greater than the legal price of such ticket 
or tickets as established by the sweepstakes commission under the au- 
thority of this subdivision. Whoever violates the provisions of this sec- 
tion shall be fined not more than five hundred dollars, or imprisoned 
not more than one year, or both. 

284:21-p Effect on Other Laws. RSA 577:1 to 15 inclusive, shall not 
apply to the sale of sweepstakes tickets provided for by this subdivision. 

63:2 Takes Effect. This act shall take effect ten days after its passage. 
[Approved April 16, 1965.] 
[Effective date April 26, 1965.] 



50 Chapter 64 [1965 

CHAPTER 64. 

AN ACT RELATIVE TO LICENSING OF CHIROPRACTORS. 

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

64:1 Odd Numbered Years. Amend RSA 316:16 (supp), as amended 
by 1963, 222:2, by striking out the words "even numbered year" and in- 
serting in their place the words, odd numbered year, so that the section 
is amended to read as follows: 316:16 Expiration of Licenses. All li- 
censes and renewals issued under the provisions of this chapter shall 
expire on the first day of July in each odd numbered year. 

64:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 16, 1965.] 
[Effective date June 15, 1965.] 



CHAPTER 65. 



AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON LEGACIES 

AND SUCCESSIONS. 

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

65:1 Inheritance Taxes. Amend RSA 86:6 (supp) as amended by 
1963, 112:1 by striking out in line eighteen the words "eight and one- 
half" and inserting in place thereof the word, ten, so that said section, as 
amended, shall read as follo^vs: 86:6 Taxable Property and Tax Rate. 
All property within the jurisdiction of the state, real or personal, and any 
interest therein, belonging to domiciliaries of the state, and all real estate 
-^vithin the state, or any interest therein, belonging to persons who are 
not domiciliaries of the state, which shall pass by will, or by the laws regu- 
lating intestate succession, or by deed, grant, bargain, sale or gift, made 
in contemplation of death, or made or intended to take effect in posses- 
sion 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 (1) do not impose a transfer tax or death tax of any kind 
or (2) grant an exemption similar to that hereby provided to tiie dom- 
iciliaries of such state, territory or country in favor of property passing 
to charities in this state, shall be subject to a tax of ten per cent of its 
value, for the use of the state. For the purposes of this section all adopted 



1965] Chapter 66 51 

children in the decedent's line of succession shall be treated as natural 
children in determining "lineal descendant". 

65:2 Takes Effect. This act shall take effect on passage. 
[Approved April 21, 1965.] 
[Effective date April 21, 1965 at 3:40 p.m.] 



CHAPTER 66. 



AN ACT EXPANDING THE DUTIES AND POWERS OF THE STATE APPRENTICE- 
SHIP COUNCIL. 

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

66:1 Rules Relative to Nondiscrimination. Amend RSA 278:3 by 
adding at the end thereof the following: (i) adopt rules and regulations 
to insure nondiscrimination in all phases of apprenticeship and employ- 
ment during apprenticeship. 

66:2 Personnel Provided. Amend RSA 278 by inserting after section 
3 the folloAving new section: 278:3-a Personnel. For the purpose of 
carrying out administerial duties the council may employ assistants and 
clerical personnel as are necessary, who shall work under the general 
supervision of the labor commissioner. 

66:3 Effective Date. This act takes effect sixty days after its passage. 

[Approved April 21, 1965.] 
[Effective date June 20, 1965.] 



CHAPTER 67. 



AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON PUBLIC 

UTILITIES. 

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

67:1 Public Utilities. Amend RSA 83-B:2 (supp) as inserted by 
1959, 86:1 by striking out in line three the word "eight" and inserting in 
place thereof the word, nine, so that said section, as amended, shall read 
as follows: 83-B:2 Tax Imposed. Every public utility shall pay to the 
state, annually, a special tax upon the franchise exercised by such public 
utility within the state, such tax to be assessed at a rate equal to nine per 
cent of the income such public utility derives in this state during the 
calendar year of assessment from the exercise of such franchise. 



52 Chapter 68 [1965 

67:2 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved April 21, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 68. 



AN ACT TO RECLASSIFY A CLASS V HIGHWAY IN THE TOWN OF RINDGE 
TO A CLASS III HIGHWAY. 

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

68:1 Highway in Rindge. Amend paragraph II of RSA 231:6-a as 
inserted by 1961, 170:1 by striking out said paragraph and inserting in 
place thereof the following: II. The Annett state park road in the town 
of Rindge beginning at the Cathedral of the Pines and running to the 
southern boundary of Annett state reservation, and from said southern 
boundary of Annett state reservation a distance of 0.37 miles, to the 
southern boundary of the town of Jaffrey, and which runs through the 
Annett state reservation for its entire length. 

68:2 Effective Date. This act takes effect on its passage. 
[Approved April 21, 1965.] 
[Effective date April 21, 1965.] 



CHAPTER 69. 



AN ACT REDEFINING A WORLD WAR I VETERAN IN CONNECTION WITH CLAIM 

FOR BURIAL EXPENSES. 

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

69:1 Aid to Town Paupers. Amend paragraph IV of RSA 165:17 
by striking out the words "reenlistment in" so that the paragraph is 
amended to read: 

IV. "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. 

69:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 30, 1965.] 
[Effective date June 29, 1965.] 



1963] Chapter 70 53 

CHAPTER 70. 

AN ACT PROVIDING FOR REIMBURSEMENT OF LOSS OF TAXES ON FEDERAL AND 
STATE OWNED FOREST LANDS. 

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

70:1 Forest Lands. Amend RSA 219:32 as amended by 1959, 79:2 
by striking out the section and inserting in its place the following: 219:32 
Loss of Taxes. In any year in which no state tax is levied, any town in 
which national forest lands and land held by the state for operation and 
development as state forest land are situated whether acquired by gift, 
devise, pvuxhase or in any other manner, may apply, by its selectmen, to 
the tax commission, on forms prepared and provided by the said commis- 
sion, annually before September first, for the payment of an amount not 
exceeding the taxes for all purposes which such town might have received 
from taxes on said lands in such year had said lands been taxable. 

70:2 Payments. Amend RSA 219:33 by striking oiu the section and 
inserting in its place the following: 219:33 Application for Payment. 
The tax commission shall consider such application and the facts therein 
set forth and shall determine the amount of payment to be made as equity 
may require. After the tax commission has made known its decision, the 
selectmen of any town may request a hearing within thirty days from 
the date of notice of such decision and the commission shall hold a hear- 
ing after giving due notice thereof to the selectmen. The decision of the 
tax commission made after such hearing shall be final. 

70:3 Effective Date. This act takes effect upon passage. 
[Approved April 30, 1965.] 
[Effective date April 30, 1965.] 



CHAPTER 71. 



AN ACT REQUIRING THE POSTING OF ABATEMENTS IN THE INVOICE BOOK ON 
FILE WITH THE TOWN CLERK. 

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

71:1 Tax Abatement Records. Amend RSA 76:20 by striking out 
the section and inserting in its place the following: 76:20 Record. No 
abatement of a tax is of any effect until recorded in the records of the 
selectmen. At the time of recording an abatement of a tax the selectmen 
shall, in writing, notify the town clerk of the abatement, stating the name 
of the person to whom the tax was assessed, the year of the assessment, 
the amount of the original assessed valuation, and the amount of the 



54 Chapter 72 [1965 

assessed valuation and of the tax abated. The town clerk shall thereupon 
make a notation, in red ink and above the mount previously recorded as 
assessed and taxed, the amount of assessed valuation and of the tax 
abated against the name of the person to whom the tax was assessed, as 
it appears upon the invoice record on file in his office. 

71:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 30, 1965.] 
[Effective date June 29, 1965.] 



CHAPTER 72. 

AN ACT RELATING TO UNINCORPORATED PLACES. 

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

72:1 Unincoi-porated Places. Amend RSA 53:1 by striking out the 
section and inserting in its place the following: 53:1 Powers. I. All places, 
not incorporated as towns, which shall be required to pay any public tax 
are invested with the powers of towns relating to the choice of moderator, 
clerk, supervisors of the check list, and selectmen; and all provisions of 
law applicable to towns and town officers are extended to such places 
and their officers so far as they relate to meetings for the choice of such 
officers and to their election, and so far as they relate to the election of 
county, state and national officers. II. No unorganized town or unin- 
corporated place, including any such town or place which was previously 
organized and the organization of which has since been abandoned, shall 
hereafter become incorporated so as to become vested with the powers 
of towns, except for the purposes of election of local officers or state, na- 
tional or county officers, unless such incorporation shall be granted by 
the general court. 

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

[Approved April 30, 1965.] 
[Effective date July 29, 1965.] 



CHAPTER 73. 

AN ACT TO ADJUST CLASSIFIED SALARIES OF STATE EMPLOYEES. 

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

73:1 Salary Increase. Amend RSA 99:1 as amended by 1957, 274:1 
and 1961, 221:1 by striking out said section and inserting in place thereof 



1963] 



Chapter 73 



55 



the following: 99:1 Salaries Established. 

fied state employees shall be established as 



The salary ranges for all classi- 
follows: 



) Grade 


Minimum 


Maximum 


1 


$3257.80 


$3635.84 


2 


3344.90 


3720.86 


3 


3430.96 


3805.88 


4 


3486.60 


3980.60 


5 


3602.30 


4095.26 


6 


3716.70 


4280.12 


7 


3831.10 


4530.24 


8 


3911.96 


4780.10 


9 


4055.74 


5030.22 


10 


4220.06 


5330.00 


11 


4400.24 


5630.04 


12 


4600.18 


5930.08 


13 


4800.12 


6230.12 


14 


5000.06 


6530.16 


15 


5300.10 


6830.20 


16 


5600.14 


7130.24 


17 


5900.18 


7430.02 


18 


6200.22 


7730.06 


19 


6500.00 


8030.10 


20 


6800.04 


8330.14 


21 


7100.08 


8630.18 


22 


7400.12 


9030.06 


23 


7700.16 


9430.20 


24 


8000.20 


9830.08 


25 


8300.24 


10230.22 


26 


8600.02 


10630.10 


27 


8900.06 


11030.24 


28 


9200.10 


11430.12 


29 


9600.24 


11830.00 


30 


10100.22 


12330.24 


31 


10700.04 


12930.06 


32 


11400.22 


13630.24 


33 


12100.14 


14430.00 


34 


12800.06 


15330.12 



73:2 Interpretation of Provisions. Amend RSA 99:3 as amended by 
1957, 274:2 and 1961, 221:2 by striking out said section and inserting in 
place thereof the following: 99:3 Increase in Salary. Classified employees 
of the state as of July 2, 1965 shall be placed in the corresponding steps 
in the new salary ranges as their length of service justifies and their an- 
nual salaries shall be in accordance with the salary scale set forth in sec- 
tion 1. The provisions hereof shall not be construed as affecting so-called 
longevity payments which shall be in addition to the regular salary scale. 



56 Chapter 74 [1965 

73:3 Classified Employees. Employees whose position classifications 
were lo^vered as a result of the 1961 reorganization acts shall receive in- 
creases based upon their classifications as of June 30, 1961. 

73:4 Attendants. Employees in the several attendant classifications 
within state institutions who have successfully completed an in-service 
training program approved by the personnel commission shall receive a 
one-salary grade increase to a new classification of psychiatric aide. 

73:5 Licensed Practical Nurses. Employees working in the care and 
treatment programs at state institutions who are recognized as licensed 
practical nurses by the state of New Hampshire shall have their positions 
classified to that of licensed practical nurse. 

73:6 Takes Effect. This act shall take effect as of July 2, 1965. 
[Approved April 30, 1965.] 
[Effective date July 2, 1965.] 



CHAPTER 74. 

AN ACT RELATING TO VOLUNTARY CORPORATIONS AND ASSOCIATIONS. 

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

74:1 The Promotion of Industrial Development and Prosperity. 

Amend RSA 292:1 by adding after paragraph XI the following new 
paragraph: XII. To provide industrial, commercial, manufacturing and 
warehouse facilities for the purpose of developing the growth and pros- 
perity of the state, counties, cities, towns and villages. 

74:2 Voluntary Corporations. Amend RSA 295 by inserting after 
section 7 the following new sections: 295:7-a Bonds and Other Obliga- 
tions. Every such corporation may incur liabilities, borrow money at 
such rates of interest as the corporation may determine, issue its notes, 
bonds and other obligations and refund the same and secure any of its 
obligations by mortgage or pledge of all or any of its property, franchises 
and income. 

295:7-b Power to Lease. Every such corporation may make or enter 
into lease agreements, either as lessee or lessor, to carry out any of its cor- 
porate purposes. 

74:3 Takes Effect. This act shall take effect immediately after its 
passage. 

[Approved April 30, 1965.] 
[Effective date April 30, 1965.] 



1963] Chapter 75 57 

CHAPTER 75. 

AN ACT TO ENABLE THE STATE OF NEW HAMPSHIRE, OR ANY POLITICAL SUB- 
DIVISION THEREOF, TO ACCEPT GIFTS OF INDUSTRIAL FACILITIES AND TO 
LEASE OR OTHERWISE DISPOSE OF THE SAME. 

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

75:1 Industrial Development. Amend RSA by inserting after chap- 
ter 162-C as inserted by 1963, 301:4 the following new chapter: 

Chapter 162-D 

Acquisition and Disposal of 
Industrial Facilities 

162-D: 1 Declaration of Need and Purpose. It is hereby declared 
that there is a need for the development of industrial, manufacturing 
and warehouse facilities to insure the continued growth and prosperity 
of the state, and of the counties, cities, and towns within the state. It is 
the purpose of this chapter to provide the state, counties, cities, and towns 
with the power to acquire title by gift, to one or more industrial facili- 
ties and to lease or sell such facilities to any person, firm, partnership 
or corporation, public or private, so as to furnish an additional means for 
the development of industrial facilities, without the use of public funds, 
where such development is more appropriate under this chapter than 
under RSA 162-A. It is further declared that the acquisition of title to 
such facilities and the lease or sale of such facilities as provided hereunder 
is a public purpose and shall be regarded as performing an essential gov- 
ernmental function in carrying out the provisions of this chapter. How- 
ever, competition between communities in this state merely for the pur- 
pose of seeking relocation of industrial facilities located in this state is 
contrary to the policy of this chapter. 

162-D:2 Definitions. As used in this chapter, unless the context 
otherwise requires the following words and terms shall have the follow- 
ing meanings: 

(1) "Municipality" shall mean any city or town in the state. 

(2) "Industrial facility" shall mean any land, any building or other 
improvement, and all real and personal properties, including but not 
limited to, machinery and equipment deemed necessary in connection 
therewith, whether or not now in existence, which shall be suitable for 
use for manufacturing, warehousing, or other industrial purposes, but 
shall not include raw materials, work in process or stock in trade. 

(3) "Governing body" shall mean the board or body in which the 
general legislative powers of the county or municipality are vested. 



58 Chapter 75 [1965 

162-D: 3 Powers. In addition to any other powers ^vhich it may now 
have, and notwithstanding any law to the contrary, the state, any county 
or municipality shall have without any other authority the following 
powers: 

(1) To acquire by gift, from a voluntary corporation or association 
formed under the provisions of RSA 292:1, one or more industrial facili- 
ties, Avhich shall be located within this state, and which may be located 
within, partially within, or partially without the county or municipality; 

(2) To lease to any person, firm, partnership or corporation, either 
public or private, any or all of its industrial facilities for such rentals 
and upon such terms and conditions and for such period or periods as 
the governing body of the appropriate county or municipality may deem 
advisable or, in respect of the state, or a department, board, body or com- 
mission of the state, as the governor and council may deem advisable, 
provided, however, that said lease or leases shall require that the payment 
of all costs of operation, maintenance and upkeep of such industrial fa- 
cilities will be paid by the lessee, sublessee or occupant, thereof and that 
under no circumstances will the state, county or municipality, be obli- 
gated, directly or indirectly, for the payment of such costs. 

(3) To sell and convey all or any part of any industrial facility 
owned by it at public or private sale, with or without advertisement and 
to do all acts necessary to the accomplishment of such sale or conveyance. 

162-D;4 Acquisition by State. In the exercise of the powers con- 
ferred upon the state by section 162-D: 3 of this chapter, title to any such 
industrial facility may be vested in the state or in such department, board, 
body or commission of the state as shall be designated by the governor 
and council. 

162-D:5 Procedure Before Acquisition. Notwithstanding any other 
provision of law, neither the state, nor any county or municipality, shall 
have the power to acquire title to an industrial facility, pursuant to the 
provisions of this chapter, by gift, unless prior to the commencement of 
the construction of such industrial facility by a voluntary corporation 
or association formed under the provisions of RSA 292:1, the governor 
and council shall have found after a hearing thereon that the construc- 
tion, proposed leasing, operation and use of such industrial facility and 
the acquisition thereof by the state, county or municipality -^vill serve a 
public use and provide a public benefit and that such acquisition will be 
within the policy of, and the authority conferred, by this chapter. Such 
determination may be made by the governor and council if supported 
by such documentation and information as the governor and council may 
request as a basis for such determination and if they find that, 

(1) The construction of such industrial facility will eliminate or 
prevent unemployment, either in whole or in part in the area in which 
such industrial facility is located; and 



1963] Chapter 75 59 

(2) Such industrial facility will consist of an industrial building, or 
buildinos, which are suitable for industrial, manufacturing, or warehous- 
ing purposes; and 

(3) Such industrial facility will be leased to, or owned by, a financial- 
ly responsible person or corporation; and 

(4) Adequate provision has been, or will be, made for the payment 
of the cost of the construction of such industrial facility and that under 
no circumstances will the state, or county, or municipality, be obligated 
directly or indirectly, for the payment of the cost of construction of such 
industrial facility, or for the payment of the principal of, or interest on, 
any obligations issued to finance such construction; and 

(5) Adequate provision has been, or will be made in the lease for 
the payment of all costs of operation, maintenance, and upkeep of such 
industrial facility by the lessee, sublessee or occupant so that under no 
circumstances will the state, county, or municipality, be obligated, di- 
rectly or indirectly, for the payment of such costs; and 

(6) The construction, proposed leasing, operation and use of such 
industrial facility will aid in the development, growth and prosperity of 
the state, or of the county, or the municipality in which such industrial 
facility is located. 

162-D:6 No Authority to Operate as a Business. Neither the state 
nor any county or municipality shall have the power to operate an indus- 
trial facility, owned by it, as a business or in any manner except as the 
lessor thereof. 

162-D: 7 Tax Exemption and Payment for Services in Lieu of Taxes. 

Any such industrial facility owned by the state, county or municipality 
as provided by section 162-D: 3 hereof is declared to be public property 
and shall be exempt from all taxes and special assessments of the state or 
any political subdivision thereof; provided that in lieu of such taxes and 
special assessments the state or any political subdivision thereof shall re- 
quire any lessee, sublessee or occupant of any such industrial facility to 
make payments annually to the municipality in which an industrial fa- 
cility is located for its just share of the public expense, including but not 
limited to education, highway maintenance, fire and police protection 
and other similar public expenses and governmental services, and pro- 
vided further that the governor and council shall determine, after a 
hearing thereon, that such payments constitute a just share of the public 
expense. 

75:2 Takes Effect. This act shall take effect immediately after its 
passage. 

[Approved April 30, 1965.] 
[Effective date April 30, 1965.] 



60 Chapter 76 [1965 

CHAPTER 76. 

AN ACT MAKING AMENDMENTS TO THE UNIFORM COMMERCIAL CODE. 

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

76:1 Due Diligence. Amend paragraph 27 of RSA 382-A: 1-201, as 
inserted by 1959, 247:1, by striking out the paragraph and inserting in 
its place the following: (27) Notice, knowledge or a notice or notifica- 
tion received by an organization is effective for a particular transaction 
from the time w^hen it is brought to the attention of the individual con- 
ducting the transaction, and in any event from the time when it would 
ha\e been brought to his attention if the organization had exercised due 
diligence. Any organization exercises due diligence if it maintains rea- 
sonable routines for communicating significant information to the person 
conducting the transaction and there is reasonable compliance with the 
routines. Due diligence does not require an individual acting for the 
oroanization to communicate information unless such communication 
is part of his regular duties or unless he has reason to know of the trans- 
action and that the transaction would be materially affected by the in- 
formation. 

76:2 Separate Agreement. Amend paragraph (1) (c) of RSA 382- 
A:3-105, as inserted by 1959, 247:1, by striking out the paragraph and 
inserting in its place the following: (c) refers to or states that it arises out 
of a separate agreement or refers to a separate agreement for rights as to 
prepayment or acceleration; or 

76:3 Statement. Amend paragraph (1) (b) of RSA 382-A:3-112, as 
inserted by 1959, 247:1, by striking out the paragraph and inserting in 
its place the following: (b) a statement that collateral has been given to 
secure obligations either on the instrument or otherwise of an obligor 
on the instrument or that in the case of default on those obligations the 
holder may realize on or dispose of the collateral; or 

76:4 Interest. Amend paragraph (4) (a) of RSA 382-A: 3- 122, as in- 
serted by 1959, 247:1, by striking out the paragraph and inserting in its 
place the following: (a) in case of a maker, acceptor or other primary 
obligor of a demand instrument, from the date of demand; 

76:5 Terms of Draft. Amend paragraph (2) of RSA 382-A: 3-4 12, as 
inserted by 1959, 247:1, by striking out the word "continental" before 
the words "United States", so that the paragraph is amended to read: (2) 
The terms of the draft are not varied by an acceptance to pay at any 
particular bank or place in the United States, unless the acceptance states 
that the draft is to be paid only at such bank or place. 

76:6 Presentment. Amend paragraph (4) of RSA 382-A: 3-504, as 
inserted by 1959, 247:1, by striking out the word "continental" before 



1963] Chapter 76 61 

the words "United States" so the paragraph is amended to read: (4) A 
draft accepted or a note made payable at a bank in the United States must 
be presented at such bank. 

76:7 Branch Bank Offices. Amend RSA 382-A:4-106 as inserted by 
1959, 247:1, by adding at the end thereof the words, and under Article 
3, so the section is amended to read: 382-A:4-106 Separate Office at a 
Bank. A branch or separate office of a bank is a separate bank for the 
purpose of computing the time within which and determining the place 
at or to which action may be taken or notices or orders shall be given 
under this Article and under Article 3. 

76:8 Define Posting Process. Amend RSA 382-A, as inserted by 1959, 
247:1, by adding after section 382-A:4-108 the following new section: 
382-A:4-109 Process of Posting. The "process of posting" means the usual 
procedure followed by a payor bank in determining to pay an item and 
in recording the payment including one or more of the following or 
other steps as determined by the bank: 

(a) verification of any signature; 

(b) ascertaining that sufficient funds are available; 

(c) affixing a "paid" or other stamp; 

(d) entering a charge or entry to a customer's account; 

(e) correcting or reversing an entry or erroneous action Avith respect to 
the item. 

76:9 Method of Public Notice. Amend RSA 382-A:6-103, as inserted 
by 1959, 247:1, by adding after paragraph (8) the following paragraph: 
(9) Public notice under subsection (6) or subsection (7) may be given by 
publishing once a week for two consecutive weeks in a newspaper of gen- 
eral circulation where the transferor had its principal place of business 
in this state an advertisement including the names and addresses of the 
transferor and transferee and the effective date of the transfer. 

76:10 Lists of Creditors. Amend paragraph (2) of RSA 382-A:6-104, 
as inserted by 1959, 247:1, by adding at the end of the paragraph the fol- 
lowing: If the transferor is the obligor of an outstanding issue of bonds, 
debentures or the like as to which there is an indenture trustee, the list of 
creditors need include only the name and address of the indenture trustee 
and the aggregate outstanding principal amount of the issue, so the para- 
graph is amended to read: (2) The list of creditors must be signed and 
sworn to or affirmed by the transferor or his agent. It must contain the 
names and business addresses of all creditors of the transferor, with the 
amounts when known, and also the names of all persons who are known 
to the transferor to assert claims against him even though such claims 
are disputed. If the transferor is the obligor of an outstanding issue of 
bonds, debentures or the like as to which there is an indenture trustee, 
the list of creditors need include only the name and address of the in- 



62 Chapter 76 [1965 

denture trustee and the aggregate outstanding principal amount of the 
issue. 

76:11 Notice to Creditors. Amend paragraph (3) of RSA 382-A:6- 
106, as inserted by 1959, 247:1, by inserting in line 2 after the word "reg- 
istered" the words, or certified, so the paragraph is amended to read: (3) 
The notice in any case shall be delivered personally or sent by registered 
or certified mail to all the persons shown on the list of creditors furnished 
by the transferor (Section 6-104) and to all other persons who are known 
to the transferee to hold or assert claims against the transferor. 

76:12 Notice of Auction Sales. Amend paragraph (3) (b) of RSA 

382-A:6-107, as inserted by 1959, 247:1, by inserting in the first line after 
the words "or by registered" the words, or certified, so the paragraph is 
amended to read: (b) give notice of the auction personally or by registered 
or certified mail at least ten days before it occurs to all persons shown on 
the list of creditors and to all other persons who are known to him to hold 
or assert claims against the transferor; 

76:13 Warehouse Receipts. Amend paragraph (2) (b) of RSA 382- 
A: 7-2 10, as inserted by 1959, 247:1, by inserting after the words "sent 
by registered" the words, or certified, so the paragraph is amended to 
read: (b) The notification must be delivered in person or sent by regis- 
tered or certified letter to the last known address of any person to be 
notified. 

76:14 Definitions. Amend paragraphs (2) and (3) of RSA 382-A:8- 
102, as inserted by 1959, 247:1, by striking out the paragraphs and insert- 
ing in their place the following: (2) A "subsequent purchaser" is a person 
who takes other than by original issue. (3) A "clearing corporation" is a 
corporation all of the capital stock of which is held by or for a national 
securities exchange or association registered under a statute of the United 
States such as the Securities Exchange Act of 1934. (3-a) A "custodian 
bank" is any bank or trust company which is supervised and examined 
by state or federal authority having supervision over banks and which is 
acting as custodian for a clearing corporation, 

76:15 Short Sale. Amend RSA 382-A, as inserted by 1959, 247:1, by 
inserting after section 8:106 the following new section: 382-A:8-107 
Securities Deliverable; Action for Price. 

(1) Unless otherwise agreed and subject to any applicable la^v or 
regulation respecting short sales, a person obligated to deliver securities 
may deliver any security of the specified issue in bearer form or registered 
in the name of the transferee or indorsed to him or in blank. 

(2) When the buyer fails to pay the price as it comes due under a 
contract of sale the seller may recover the price 

(a) of securities accepted by the buyer; and 



1963] Chapter 76 63 

(b) of other securities if efforts at their resale would be unduly bur- 
densome or if there is no readily available market for their resale. 

76:16 Investment Securities. Amend paragraph (1) (a) of RSA 382- 
A:8-208, as inserted by 1959, 247:1, by striking out the words "and in 
proper form" so the paragraph is amended to read: (a) the security is 
Genuine; and 

76:17 Security Form. Amend paragraph (1) (c) of RSA 382-A:8-208, 
as inserted by 1959, 247:1, by inserting after the words "the security is" 
the words, in the form and, so the paragraph is amended to read: (c) he 
has reasonable grounds to believe that the security is in the form and 
within the amount the issuer is authorized to issue. 

76:18 Intermediary. Amend paragraph (3) of RSA 382-A:8-306, as 
inserted by 1959, 247:1, by striking out the last sentence "A broker is not 
an intermediary within the meaning of this subsection" so the paragraph 
is amended to read as follows: 

(3) Where a security is delivered by an intermediary known to be en- 
trusted with delivery of the security on behalf of another or with collec- 
tion of a draft or other claim against such delivery, the intermediary by 
such delivery warrants only his own good faith and authority even though 
he has purchased or made advances against the claim to be collected 
against the delivery. 

76:19 Indorsement. Amend paragraph (3) (b) of RSA 382-A: 8-308, 
as inserted by 1959, 247:1, by inserting after the words "described capac- 
ity," the words, either that person or, so the paragraph is amended to 
read: (b) where the person so specified is described as a fiduciary but is 
no longer serving in the described capacity, — either that person or his 
successor; or 

76:20 Owner, Holder of Securities. Amend RSA 382-A:8-313, as in- 
serted by 1959, 247:1, by inserting after paragraph (1) (d) the following 
paragraph: (e) appropriate entries on the books of a clearing corporation 
are made under Section 8-320. 

Further amend the section by striking out paragraph (2) and insert- 
ing in its place the following new sections: (2) The purchaser is the owner 
of a security held for him by his broker, but is not the holder except as 
specified in subparagraphs (b), (c) and (e) of subsection (1). Where a se- 
curity is part of a fungible bulk the purchaser is the owner of a propor- 
tionate property interest in the fungible bulk. (3) Notice of an adverse 
claim received by the broker or by the purchaser after the broker takes 
delivery as a holder for value is not effective either as to the broker or as 
to the purchaser. However, as between the broker and the purchaser the 
purchaser may demand delivery of an equivalent security as to which no 
notice of an adverse claim has been received. 



64 Chapter 76 [1965 

76:21 Transfers or Pledges of Securities. Amend RSA 382-A:, as in- 
serted by 1959, 247:1, by inserting the following new section: 382-A:8- 
320 Transfer or Pledge with a Central Depository System. 

(1) If a security 

(a) is in the custody of a clearing corporation or of a custodian bank 
or a nominee of either subject to the instructions of the clearing corpora- 
tion; and 

(b) is in bearer form or indorsed in blank by an appropriate person 
or registered in the name of the clearing corporation or custodian bank 
or a nominee of either; and 

(c) is shown on the account of a transferor or pledgor on the books 
of the clearing corporation; 

then, in addition to other methods, a transfer or pledge of the secur- 
ity or any interest therein may be effected by the making of appropriate 
entries on the books of the clearing corporation reducing the account of 
the transferor or pledgor and increasing the account of the transferee or 
pledgee by the amount of the obligation or the number of shares or rights 
transferred or pledged. 

(2) Under this section entries may be with respect to like securities 
or interests therein as a part of a fungible bulk and may refer merely to 
a quantity of a particular security Tvithout reference to the name of the 
registered owner, certificate or bond number or the like and, in appropri- 
ate cases, may be on a net basis taking into account other transfers or 
pledges of the same security. 

(3) A transfer or pledge under this section has the effect of a delivery 
of a security in bearer form or duly indorsed in blank (Section 8-301) 
representing the amount of the obligation or the number of shares or 
rights transferred or pledged. If a pledge or the creation of a security 
interest is intended, the making of entries has the effect of a taking of de- 
livery by the pledgee or a secured party (Sections 9-304 and 9-305). A 
transferee or pledgee under this section is a holder. 

(4) A transfer or pledge under this section does not constitute a registra- 
tion of transfer under Part 4 of this Article. 

(5) That entries made on the books of the clearing corporation as 
provided in subsection (1) are not appropriate does not affect the validity 
or effect of the entries nor the liabilities or obligations of the clearing- 
corporation to any person adversely affected thereby. 

76:22 Security Agreements. Amend paragraph (1) of RSA 382-A: 9- 
206, as inserted by 1959, 247:1 by inserting in the second line after the 
words "for buyers" the words, or lessees; by inserting in the second line 
after the words "by a buyer" the words, or lessee; and by inserting in the 



1965] Chapter 77 65 

fourth line after the words "the seller" the words, or lessor, so the para- 
graph is amended to read as follows: 

(1) Subject to any statute or decision which establishes a different 
rule for buyers or lessees of consumer goods, an agreement by a buyer 
or lessee that he will not assert against an assignee any claim or defense 
which he may have against the seller or lessor is enforceable by an as- 
signee who takes his assignment for value, in good faith and without no- 
tice of a claim or defense, except as to defenses of a type which may be 
asserted against a holder in due course of a negotiable instrument under 
the Article on Commercial Paper (Article 3). A buyer who as part of one 
transaction signs both a negotiable instrument and a security agreement 
makes such an agreement. 

76:23 Effective Date. This act takes effect sixty days after its pas- 
sage. 

[Approved May 3, 1965.] 
[Effective date July 2, 1965.] 



CHAPTER 77. 

AN ACT RELATING TO THE LABELING OF HAZARDOUS SUBSTANCES. 

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

77:1 Hazardous Substances. Amend RSA by inserting after chapter 
339 the following new chapter: 

Chapter 339-A 

Labeling of Hazardous Substances 

339-A: 1 Prohibited Acts. The following acts and the causing thereof 
are hereby prohibited: 

I. The manufacture, sale or delivery, holding or offering for sale of 
any misbranded package of a hazardous substance. 

II. The alteration, mutilation, destruction, obliteration, or removal 
of the whole or any part of the label of, or the doing of any other act 
with respect to, a hazardous substance, if such act is done ^vhile such sub- 
stance is held for sale, and results in such substance being in a misbranded 
package. 

III. The giving of a guarantee or undertaking referred to in section 
4 which guarantee or undertaking is false, except by a person who relied 
upon a guarantee or undertaking to the same effect signed by, and con- 
taining the name and address of the person residing in the state from 
whom he received in eood faith the hazardous substance. 



66 Chapter 77 [1965 

IV. The refusal to permit entry or inspection, or to permit the tak- 
ing of a sample, as authorized by section 5. 

V. The removal or disposal of a detained or embargoed article in 
violation of section 6. 

VI. The use by any person to his own advantage, or revealing other 
than to the director, division of public health services or employees of the 
division of public health, or to the courts when relevant, of any informa- 
tion acquired under authority of section 5 concerning any method of 
process Ashich as a trade secret is entitled to protection. 

VII. The delivery or proffered delivery for pay or otherwise, of a 
hazardous substance in a reused food, drug or cosmetic container or in 
a container ^vhich, though not a reused container, is identifiable as a food, 
drug, or cosmetic container by its labeling or by other identification. The 
reuse of a food, drug, or cosmetic container as a container for a hazardous 
substance shall be deemed to be an act which results in the hazardous 
substance being in a misbranded package. As used in this paragraph the 
term "food", "druo", and "cosmetic" shall have the same meaning as de- 
fined in section 2, chapter 146, RSA. 

339-A:2 Terms Defined. As used in this chapter the following words 
shall have the following meanings: 

I. The term "director" means the director of the division of public 
health services. 

II. The term "hazardous substance" means 

(a) any substance or mixture of substances which is toxic, is cor- 
rosive, is an irritant, is a strong sensitizer, is flammable or generates pres- 
sure through decomposition, heat, or other means, if such substance or 
mixture of substances may cause substantial personal injury or substan- 
tial illness during or as a proximate result of any customary or reasonable 
foreseeable handling or use, including reasonably foreseeable ingestion 
by children; 

(b) any substance which the director by regulation finds, pursuant 
to the provisions of section 5 and meet the requirements of (a); 

(c) any radioactive substance, if, with respect to such substance as 
used in a particular class of articles or as packaged, the director deter- 
mines by regulation that the substance is sufficiently hazardous to re- 
quire labeling in accordance with this chapter in order to protect the 
public health. Provided, however, that the term "hazardous substance" 
shall not apply to economic poisons subject to RSA 438, nor to products 
subject to RSA 153, nor to foods, drugs and cosmetics subject to RSA 
146, nor to substances intended for use as fuels when stored in containers 
and used in the treating, cooking, or refrigeration systems of a house 
and shall not include any source material, special nuclear material, or 



1965] Chapter 77 67 

by-product material, defined in RSA 125 by the United States Atomic 
Energy Act of 1954, as amended, and regulations issued pursuant thereto 
by the United States Atomic Energy Commission. 

III. The term "toxic" means any substance (other than a radioactive 
substance) Avhich has the capacity to produce personal injury or illness 
to man through ingestion, inhalation, or absorption through any body 
surface. 

IV. The term "highly toxic" means any substance which falls within 
any of the folloAving categories: (a) produces death within fourteen days 
in half or more than half of a group of ten or more laboratory white rats 
each weighing between two hundred and three hundred grams, at a single 
dose of fifty milligrams or less per kilogram of body weight, ^vhen orally 
administered; or (b) produces death within fourteen days in half or more 
than half of a group of ten or more laboratory white rats each weighing 
between two hundred and three hundred grams, when inhaled contin- 
uously for a period of one hour or less at an atmospheric concentration 
of two hundred parts per million by volume or less of gas or vapor or 
two milligrams per liter by volume or less of mist or dust, provided such 
concentration is likely to be encountered by man when the substance 
is used in any reasonably foreseeable manner; or (c) produces death with- 
in fourteen days in half or more than half of a group of ten or more 
rabbits tested in a dosage of two hundred milligrams or less per kilogram 
of body weight, when administered by continuous contact with the bare 
skin for twenty-four hours or less. 

V. If the director finds that available data on human experience 
with any substance indicates diff:erent results from those obtained on 
animals as set forth in paragraph IV, the human data shall take prece- 
dence. 

VI. The term "corrosive" means any substance which in contact 
with living tissue will cause destruction of tissue by chemical action; but 
shall not refer to action on inanimate surfaces. 

VII. The term "irritant" means any substance not corrosive within 
the meaning of paragraph VI which on immediate, prolonged, or re- 
peated contact with normal living tissue will induce a local inflammatory 
reaction. 

VIII. The term "strong sensitizer" means a substance which will 
cause on normal living tissue through an allergic or photodynamic proc- 
ess a hypersensitivity which becomes evident on reapplication of the same 
substance and which is designated as such by the director. Before desig- 
nating any substance as a strong sensitizer, the director, upon considera- 
tion of the frequency of occurrence and severity of the reaction, shall 
find that the substance has a significant potential for causing hyper- 
sensitivity. 



68 Chapter 77 [1965 

IX. The term "extremely flammable" shall apply to any substance 
^vhich has a flash point at or belo^v tAventy degrees fahrenheit, as deter- 
mined by the Tagliabue Open Cup Tester, and the term "flammable" 
shall apply to any substance which has a flash point of above twenty de- 
grees to and including eighty degrees fahrenheit, as determined by the 
Tagliabue Open Cup Tester; except that the flammability of solids and 
of the contents of self-pressurized containers shall be determined by 
methods found by the director to be generally applicable to such ma- 
terials or containers, respectively, and established by regulations issued 
under the authority of section 5, which regulations shall also define the 
terms "flammable" and "extremely flammable" in accord with such 
methods. 

X. The term "radioactive substance" means a substance which emits 
ionizing radiation. 

XI. The term "label" means both label and labeling as defined in 
paragraphs III and IV of RSA 146:2. 

XII. The term "federal act" means the Federal Hazardous Sub- 
stances Labeling Act. (Public Laws No. 86 - 613, 74 Stat. 372; 15 U.S.C. 
Sec. 1261 - 1273). 

339-A:3 Misbranded Packages. A hazardous substance in a con- 
tainer intended or suitable for household use shall be deemed mis- 
branded, except as otherwise provided in section 5, if it fails to bear a 
label: 

I. Which states conspicuously (a) the name and place of business 
of the manufacturer, packer, distributor or seller; (b) the common or 
usual name or the chemical name (if there be no common or usual name) 
of the hazardous substance or of each component which contributes sub- 
stantially to its hazard, unless the director by regulation permits or re- 
quires the use of a generic name; (c) the signal word "DANGER" on 
substances which are extremely flammable, corrosive, or highly toxic; 
(d) the signal word "WARNING" or "Caution" on all other hazardous 
substances; (e) an affirmative statement of the principle hazard or hazards, 
such as "Flammable," "Vapor Harmful", "Causes Burns", "Absorbed 
Through Skin", or similar wording description of the hazard; (f) precau- 
tionary measures describing the action to be followed or avoided, except 
when modified by regulation of the director pursuant to section 5; (g) 
instructions, when necessary or appropriate, for first aid treatment; (h) 
the word "poison" for any hazardous substance which is defined as "high- 
ly toxic" by subparagraph IV of section 2; (i) instructions for handling 
and storage of packages which require special care in handling or stor- 
age; and (j) the statement "Keep out of the range of children" or its 
practical equivalent, and 



1965] Chapter 77 69 

II. On which any statements required under paragraph I of this 
section are located prominently and are in English language in conspic- 
uous and legible type in contrast by typography, layout, or color with 
other printed matter on the label. 

339-A:4 Guaranty to Dealer. No person shall be subject to the pen- 
alties of section 7 for having violated paragraph 1 of section I, if the 
receipt, delivery, or proffered delivery of a hazardous substance was made 
in good faith, unless he refuses to furnish on request of the director or 
of an employee of the division of public health services, the name and 
address of the person from whom he purchased or received such hazard- 
ous substance, and copies of all records, if any there be, pertaining to the 
delivery of the hazardous substance to him; or if he establishes a guar- 
antee or undertaking signed by, and containing the name and address of 
the person residing in the United States from whom he received in good 
faith the hazardous substance, to the effect that the hazardous substance 
is not in misbranded packages within the meaning of the terms of the 
chapter. 

339-A:5 Enforcement; Regulations; Exceptions. 

I. The department of health and welfare, division of public health 
services is charged ^vith the enforcement of this chapter. All inspectors 
and employees of said division, upon presenting appropriate credentials, 
shall be permitted access, at reasonable times to any factory, warehouse, 
or establishment in which hazardous substances are manufactured, proc- 
essed, packed, or held for sale, or to enter any vehicle being used to 
transport or hold such hazardous substances for purposes of inspection 
for compliance with this chapter and to obtain samples if desired pro- 
vided the value thereof is tendered to the manufacturer, distributor or 
vendor. 

II. The director may promulgate regulations declaring any sub- 
stance or mixture of substances to be a hazardous substance which he 
finds meets the requirements of subparagraph (a) of paragraph II of 
section 2. He may promulgate regulations establishing such reasonable 
variations or additional label requirements as may be found necessary 
for the protection of the public health and safety, and any container of 
such hazardous substance, intended or suitable for household use, which 
fails to bear a label in accordance with such regulations shall be deemed 
to be a misbranded package of a hazardous substance. The director shall 
adopt all regulations relating to hazardous substances promulgated un- 
der the Federal Act. 

III. If the director finds, that because of the size of the package in- 
volved or because of the minor hazard presented by the substance con- 
tained therein, or for other good and sufficient reasons, failure to comply 
with the labeling requirements otherwise applicable under this chapter 
is impracticable or is not necessary for the adequate protection of the 



70 Chapter 78 [1965 

public health and safety, the director may promulgate regulations ex- 
empting such substance from the requirements to the extent he deter- 
mines to be consistent -^vith adequate protection to the public health. The 
director may exempt from the requirements established by or pursuant 
to this chapter any container of a hazardous substance with respect to 
which he finds that adequate requirements satisfying the purposes of this 
chapter have been established by or pursuant to any other state law or 
regulations, promulgated under such law. 

339-A:6 Authority to Embargo and Condemn. Any hazardous sub- 
stance found in violation of this chapter may be subject to embargo and 
condemnation in accord with the provisions of section 20, chapter 146, 
RSA. 

339-A:7 Penalty. Whoever violates any of the provisions of this 
chapter or any regulations promulgated hereunder shall on conviction 
thereof be fined not more than five hundred dollars, or imprisoned for 
not more than one year, or both; but for offenses committed ^vith intent 
to defraud or mislead, or for second and subsequent offenses he shall be 
fined not more than three thousand dollars, or imprisoned for not more 
than one year or both. 

77:2 Repeal. RSA 339:51 relative to warning labels required on 
container of caustic potash, caustic soda, oxalic acid, ammonia Avater, etc., 
is hereby repealed. 

77:3 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved May 6, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 78. 

AN ACT RELATIVE TO MISBRANDING OF DRUGS CONTAINING NARCOTICS. 

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

78:1 Misbranded Drugs. Amend RSA 146:6 as amended by 1961, 
222:1 and 1963, 193:6 and 276:2 by inserting after paragraph III the 
following new paragraph: IV. If it is for use by man and contains any 
quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric 
acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, 
codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or 
sulphonmethane, or any chemical derivative of such substance, which 
derivative has been by the board after investigation found to be, and 
by regulation designated as, habit-forming, unless its label bears the name 
and quantity or proportion of such substance or derivative and in juxta- 
position therewith the statement "Warning — May Be Habit Forming." 



1965] Chapter 79 71 

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

[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



CHAPTER 79. 

AN ACT RELATIVE TO TRUSTEE PROCESS. 

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

79:1 Trustee Process. Amend RSA 512:9-b (supp) as inserted by 
1963, 321:1 by striking out said section and inserting in place thereof 
the following: 512:9-b Bank Accounts. When a bank, trust company, 
building and loan association, or similar corporation is named as trustee, 
the trustee shall be summoned by service on an officer, person in charge, 
teller, or office employee of such bank, trust company, building and loan 
association, or similar corporation at its office if service is made during 
banking hours, and if service is made at a time other than banking hours, 
by serving on an officer of such bank, trust company, building and loan 
association or similar corporation, and not otherwise. The trustee so 
served shall not be chargeable for any goods, rights, or credits of the de- 
fendant except as shall be in the hands of the trustee at the time of service. 

79:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



CHAPTER 80. 

AN ACT RELATING TO COMPLAINTS ALLEGING SPEED VIOLATIONS. 

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

80:1 Summons. Amend paragraph 1 of RSA 262-A:60 (supp) as in- 
serted by 1963, 330:1, by striking out the paragraph and inserting in place 
thereof the following: 1. In every charge of violation of any speed regu- 
lation in this chapter the complaint shall set forth the manner in which 
the alleged speed was unreasonable and imprudent or shall specifiy the 
speed at which the defendant is alleged to have driven and the prima 
facie speed applicable within the district or at the location. 

80:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



72 Chapter 81 [1965 

CHAPTER 81. 

AN ACT ABATING INTEREST ON TAXES IF THE TAX BILLS ARE NOT 

TIMELY SENT. 

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

81:1 Interest Abated. Amend RS A 76:13 by striking out the section 
and inserting in its place the following: 76:13 Interest. Interest at six 
per cent shall be charged upon all taxes not paid on or before December 
first after their assessment, which shall be collected from that date with 
the taxes as incident thereto, except in the case where a tax bill is sent 
to the taxpayer on or after November second and before November six- 
teenth, interest shall not be charged on taxes paid on or before December 
fifteenth and in case a tax bill is sent to the taxpayer on or after Novem- 
ber sixteenth interest shall not be charged on taxes paid on or before 
December thirtieth. The tax collector shall state on the tax bill the date 
from which interest will be charged and such date shall be determined by 
the day the collector sends out the last tax bill on his list. The collector 
shall notify the tax commission in writing of the date on which the last 
tax bill was sent. 

81:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



CHAPTER 82. 



AN ACT TO INCREASE THE TIME WITHIN WHICH AN EXECUTION MAY BE 
ISSUED AFTER JUDGMENT. 

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

82:1 Increasing Time for Execution. Amend RSA 527:6 by inserting 
at the end the following, provided, however, that when real property is 
attached executions against such real property may be issued at any time 
within six years after judgment rendered, so that said section as amended 
shall read as follows: 527:6 Limitation of Issue, Executions may be is- 
sued at any time within two years after judgment rendered, or after the 
return day of the former execution, provided, however, that when real 
property is attached executions against such real property may be issued 
at any time within six years after judgment rendered. 

82:2 Takes Effect. This act shall take effect sixty days after passage. 
[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



1965] Chapter 83 73 

CHAPTER 83. 

AN ACT RELATIVE TO PENALTY FOR TAKING MOOSE. 

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

83:1 Moose. Amend RSA chapter 208 by inserting after section 1 
the following new section: 208: 1-a — Moose. No person shall, at any 
time, willfully shoot, hunt, take, or have in his possession, any moose 
or any part of the carcass thereof, taken in this state. 

83:2 Penalties. Amend RSA 208:21, as amended by 1955, 62:3, by 
inserting after the word "both" in line three the following, a person who 
violates a provision of section 1-a hereof shall be fined not less than five 
hundred dollars nor more than one thousand dollars, no part of which 
fine shall be suspended, or imprisoned for not more than thirty days, 
no part of which sentence shall be suspended, or both; so that said section 
as amended shall read as follows: 208:21 Penalties. A person who vio- 
lates a provision of section 1 or section 7 hereof shall be fined not more 
than three hundred dollars or imprisoned for not more than thirty days, 
or both; a person who violates a provision of section 1-a hereof shall be 
fined not less than five hundred dollars nor more than one thousand dol- 
lars, no part of which fine shall be suspended, or imprisoned for not more 
than thirty days, no part of ^vhich sentence shall be suspended, or both; 
a person Avho violates a provision of section 8, hereof, shall be fined not 
more than five hundred dollars or imprisoned for not more than thirty 
days, or both; a person who violates the remaining provisions of this 
chapter shall be fined as follo^vs: for each violation of sections 2, 3, 4, 
9-17, inclusive, not more than one hundred dollars, for each violation of 
sections 18 and 20, not more than ten dollars and not more than five 
dollars additional for each rabbit, hare, or gray squirrel taken, or pos- 
sessed, contrary to the provisions thereof. 

83:3 Revocation for Conviction. Amend RSA 214:19, as amended 
by 1955, 62:2, by striking out in line one the word "may" and inserting 
in place thereof the word, shall; further amend the section by inserting 
after the word "years" in line eight thereof the following, or except for a 
conviction under RSA 208: 1-a, in -which case the revocation may be for a 
period not to exceed two years, so that said section as amended shall read 
as follows: 214:19 Revocation for Conviction. The director shall revoke 
the license of any person who has been found guilty in any court of a 
violation of any provision of this title or any rule or regulation of the 
director, or who has been found guilty in a municipal court of a viola- 
tion of RSA 572:7, 12, and 13 prohibiting trespassing upon improved 
land or destroying fences. Such revocation shall not continue for more 
than one year from the date thereof, except for a conviction under RSA 
208:8, in which case the revocation may be for a period not to exceed 



74 Chapter 84 [1965 

five years, or except for a conviction under RSA 208: 1-a, in which case 
the revocation may be for a period not to exceed two years. The director 
shall revoke the license of any person ^vho has been found guilty in any 
court a second time within five years of the first finding of guilt, of a vio- 
lation of any such \2l\vs or regulations, for a period of not less than one, 
nor more than three years from the date of such finding or conviction. 

83:4 Moose. Amend RSA 208:1 by striking out in line two thereof 
the word "moose" so that said section as amended shall read as follows: 
208:1 Protected. No person shall, at any time, hunt, take, or have in his 
possession, any caribou, or elk, or any part of the carcass thereof, taken 
in this state. 

83:5 Takes Effect. This act shall take effect sixty days after its pas-« 
sage. 

[Approved May 6, 1965.] 
[Effective date July 5, 1965.] 



CHAPTER 84. 



AN ACT TO INCREASE THE LIMIT OF INVESTMENTS OF A BANK IN ITS BANKING 
BUILDING AND TO REMOVE MAXIMUM LIMITS OF CAPITAL STOCK. 

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

84:1 Investments. Amend RSA 392:37 by striking out the section 
and inserting in its place the follo^ving: 392:37 Real Estate. Every such 
corporation may acquire and hold real estate for its own use, in whole or 
in part, but its investment in such real estate, exclusive of any real estate 
which may be taken in good faith for debt or held as collateral security, 
shall not exceed an amount equal to fifty per cent of the sum of its cap- 
ital and surplus, except with the approval of the commissioner. 

84:2 Limits of Capital Stock. Amend RSA 392:25 (supp) as amended 
by 1961, 150:1 by striking out the words "in no event shall the capital 
stock exceed five hundred thousand dollars" so that the section is amended 
to read: 392:25 Limits: Shares. The capital stock of such corporation 
shall be not less than fifty thousand dollars. In towns and cities of more 
than six thousand inhabitants it shall be not less than one hundred thou- 
sand dollars; and in those of more than fifty thousand inhabitants it shall 
be not less than two hundred thousand dollars. It shall be divided into 
shares of par value of not less than one dollar each. 

84:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 11, 1965.] 
[Effective date July 10, 1965.] 



1965] Chapter 85 75 

CHAPTER 85. 

AN ACT RELATIVE TO INVESTMENTS OF BUILDING AND LOAN ASSOCIATIONS. 

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

85:1 Investment In Industrial Development Corporations. Amend 
RSA 393:27 as amended by 1961, 136 by inserting after paragraph VI 
(supp) as inserted by 1961, 136:7 the following new paragraph: VII. In 
bonds or stock of an industrial development corporation of any city, town, 
or village located in this state, tiie aggregate so invested in any one in- 
dustrial development corporation not to exceed one-tenth of one per cent 
of its total share liabilities. 

85:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 11, 1965.] 
[Effective date July 10, 1965.] 



CHAPTER 86. 

AN ACT RELATING TO APPEALS FROM DISTRICT OR MUNICIPAL COURTS. 

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

86:1 Criminal Cases. Amend RSA 599:1, as amended by 1957, 
244:38, by striking out the same and inserting in place thereof the fol- 
lowing: 599:1 Appeals. A person sentenced for an offense, by a district 
or municipal court may, at the time such sentence is declared, appeal 
therefrom to the superior court, and said appeal shall be entered by the 
appellant at the next return day unless for good cause shown the time 
is extended by the superior court. In all criminal cases which are so ap- 
pealed, or in which defendants are bound over, it shall be the duty of 
the clerk of the superior court to transmit to the justice of the district or 
municipal court, within ten days after such case is finally disposed of, a 
certificate showing the final disposition of such case. 

86:2 Bail. Amend RSA 597:6 by striking out the words "court or 
justice" in the second line and inserting in place thereof the words, or 
district court; and further amend the section by inserting after the words 
"reasonable amount" in the third line the words, or personal recognizance, 
so the section is amended to read as follows: 597:6 — For Appearance at 
Superior Court. If the offense is bailable by the municipal or district 
court the accused shall be ordered to recognize, with sufficient sureties, 
in a reasonable amount or personal recognizance, for his appearance at 
the superior court, at the next term thereof for the county at -^vhich a 



76 Chapter 86 [1965 

grand jury is required to attend, and to stand committed until the order 
is complied with. 

86:3 Records. Amend RSA 597:10, as amended by 1957, 71:2 and 
1959, 19:1, by striking out the same and inserting in place thereof the 
follo^ving: 597:10 Copies, on Appeal. In case of appeal the municipal 
and district courts shall cause true and attested copies of the complaint, 
other process, records and recognizances, together with any cash bail in 
the case to be filed with the clerk of the superior court within ten days 
after the date of such order for recognizance. 

86:4 Filing With Clerk of Superior Court. Amend RSA 597:11 by 
striking out said section and inserting in place thereof the following: 
597:11 Copies, Binding Over. In case of order to recognize for appear- 
ance before the superior court, the district or municipal court shall cause 
true and attested copies of the complaint, other process, records and 
recognizances, together with any cash bail in the case to be mailed or de- 
livered to the clerk of the superior court of the county, within ten days 
after the date of such order for recognizance. A true and attested copy 
of the complaint or other process shall also be mailed or delivered to the 
county attorney and the state probation office for the county within ten 
days. 

86:5 Recognizances. Amend RSA 597:22, as amended by 1959, 159:1, 
by inserting after the \vord "municipal" in the first line the ^s^ords "or 
district" so that said section as amended shall read as follows: 597:22 On 
Binding Over. Whenever a municipal or district court commits or binds 
over a person for his appearance at a term of the superior court he shall 
take the recognizances of all necessary 'witnesses who appear before him, 
in such sum as he may think reasonable, for their appearance at such 
term of court. At any time thereafter the superior court may, upon a 
showing that the testimony of any ^vitness is necessary before said court 
in such case, take the recognizance of such witness in such sum as it may 
deem reasonable for his appearance before said court. 

86:6 Witness Neglect or Refusal. Amend RSA 597:23, as amended 
by 1959, 159:2, by inserting after the word "superior" in the second and 
third lines the word "district" so that said section as amended shall read 
as follo\vs: 597:23 Commitment in Default of Recognizance. Whenever 
a witness upon being ordered by the superior, district or municipal court 
to recognize, neglects or refuses to do so, the superior, district or munici- 
pal court may issue its warrant, and cause such witness to be committed 
to jail until he comply with the order. 

86:7 Fees. Amend RSA 502:50-a (supp) as inserted by 1959, 19:3, 
by striking out the entire section and inserting in its place the following: 
502:50-a Certificates, etc. For certificates or papers which he is author- 
ized to make or certify for a litigant or person the clerk of a municipal 
court shall receive the same fees as a clerk of the superior court. 



1965] Chapter 87 77 

86:8 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 11, 1965.] 
[Effective date July 10, 1965.] 



CHAPTER 87. 

AN ACT RELATING TO PAYMENT OF VETERANS' BURIAL EXPENSES. 

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

87:1 Change in Payee. Amend RSA 165:16, as amended by 1959, 
77:1, by striking out in the fourteenth line the words "commander or 
adjutant, selectmen or mayor" and inserting in place thereof the words, 
funeral director in charge of burial, and by striking out in the nineteenth 
and twentieth lines the words "said commander, adjutant, selectmen, city 
council or mayor" and inserting in place thereof the ^vords, funeral di- 
rector in charo^e of burial, so that said section as amended shall read as 
follows: 165:16 Burial Expenses. Whenever any member or former 
member of the armed forces of the United States, who served in any of 
the following wars or armed conflicts, the Spanish War, Philippine In- 
surrection, Boxer Rebellion, World War I or World War II, or Korean 
Conflict, as defined in section 17, for a total period of ninety days (unless 
sooner released from such service by reason of disability incurred in 
service) and whose services were terminated under conditions other than 
dishonorable, dies and the commander or adjutant of any recognized 
veterans' organization of which he was a member, or the majority of the 
selectmen of the town or the mayor of the city in which such veteran dies, 
if he or she was not a member of such organization, shall certify under oath 
to the state veterans' council that such veteran did not leave sufficient 
estate to pay the expenses of his or her funeral, the governor shall draw 
a warrant in favor of the finieral director in charge of burial, for a sum 
not exceeding one hundred dollars to defray such burial expenses, pro- 
vided that the total amount of the funeral expense does not exceed five 
hundred dollars. Within one year from the time of burial of said veteran 
an account, verified by vouchers, of the sums so spent for burial expenses 
shall be sent to the state veterans' council by said funeral director in 
charge of burial. Whoever neglects or refuses to furnish said account shall 
be fined ten dollars. 

87:2 Effective Date. This act takes effect sixty days after passage. 
[Approved May 11, 1965.] 
[Effective date July 10, 1965.] 



78 Chapter 88 [1965 

CHAPTER 88. 

AN ACT TO PROVIDE AN ADDITIONAL PENALTY FOR FAILURE TO APPEAR 
IN COURT AFTER RELEASE ON BAIL. 

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

88:1 Bail. Amend RSA 597 by adding a new section after section 
14 to read as follows: 597:14-a Failure to Appear; Punishment. Any 
person charged with a crime punishable by imprisonment who, having 
been released on bail or on his own recognizance, wilfully fails to appear 
as required before the court of this state having jurisdiction, shall be 
liable to a punishment of not more than one-half of that which may be 
inflicted for the commission of the crime in connection with which he 
has been held to bail, but not more than five years imprisonment. A sen- 
tence of imprisonment under this section shall not be concurrent with 
any other sentence then being served or thereafter imposed upon such 
person, unless expressly made so by the court imposing sentence. Neither 
the penalty provided by this section or any prosecution under this sec- 
tion shall interfere with or prevent the forfeiture of any bail or the exer- 
cise by the court of its power to punish for contempt, but this section shall 
be construed to provide an additional penalty for failure to appear. 

88:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 11, 1965.] 
[Effective date July 10, 1965.] 



CHAPTER 89. 



AN ACT RELATIVE TO POLICE AUTHORITY OF THE DIRECTOR OF 
AERONAUTICS AND HIS FIELD ASSISTANTS. 

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

89:1 Aeronautics Laws. Amend RSA 422 by inserting after section 
14 the follo^ving new section: 422:14-a Additional Powers. The director 
and his field assistants when engaged in the discharge of their duties, 
shall have, in any part of the state, the same authority to make arrests for 
violation of the statutes relating to aeronautics and to enforce such 
statutes, rules and regulations of the commission as other laAv enforce- 
ment officers have in their respective jurisdictions. The commission shall 
issue credentials to the director and each assistant certifying the police 
authority authorized herein and said credentials shall be carried upon 
the person of the director and assistants while in the discharge of their 
duties hereunder. The director and his field assistants do not become 
eligible to belong to the policeman's retirement system under RSA 103 



1965] Chapter 90 79 

by reason of this section. 

89:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 14, 1965.] 
[Effective date July 13, 1965.] 



CHAPTER 90. 



AN ACT RELATIVE TO THE RIGHT OF PUBLIC UTILITIES TO ENTER 

UPON LAND. 

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

90:1 Public Utilities. Amend RSA 371 by adding after section 2 
the following new section: 371:2-a Right to Enter. When ownership of 
land, upon or over which a public utility desires to erect facilities, can- 
not be ascertained without entry to do survey work, or, a public utility 
shall have filed a petition under section 1 of this chapter with respect to 
a particular tract of land, in either case a public utility shall have the 
right to enter upon such land, for the purpose of surveying and making 
such other investigation as is necessary to determine the locations of the 
boundaries of such land and of the facilities it desires to erect thereon 
or thereover, and to determine the title to, description of, or nature of 
such land. A public utility desiring to enter land in pursuance of this 
section shall make every reasonable effort to notify the owner or probable 
owner or owners thereof of its desire to enter for the purposes aforesaid 
prior to entry. The public utility shall pay the owner or owners of any 
land it shall enter in pursuance of the provisions of this section for any 
actual damage done upon entry. 

90:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 14, 1965.] 
[Effective date May 14, 1965.] 



CHAPTER 91. 



AN ACT PROVIDING FOR AN INCREASE IN THE AMOUNT OF THE GUARANTY 

FUND REQUIRED OF CREDIT UNIONS AS A PREREQUISITE 

TO THE PAYMENT OF DIVIDENDS. 

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

91:1 Credit Unions. Amend RSA 394:38 by striking out the words 
"ten per cent" and inserting in place thereof the words, twelve per cent 



80 Chapter 92 [1965 

for the fiscal year ending June 30, 1966, fourteen per cent for the fiscal 
year ending June 30, 1967, fifteen per cent for the fiscal year ending 
June 30, 1968, and fifteen per cent for every year thereafter, so that the 
section is amended to read as follows: 394:38 Establishment of Guaranty 
Fund. Before the payment of any annual or semi-annual dividend in 
any years there shall be set apart as a guaranty fund, twelve per cent for 
the fiscal year ending June 30, 1966, fourteen per cent for the fiscal year 
ending June 30, 1967, fifteen per cent for the fiscal year ending June 30, 
1968, and fifteen per cent for every year thereafter, of the net income 
which has accumulated during the dividend period, except as hereinafter 
provided. Said fund and the investments thereof shall belong to the 
union and shall be held to meet the contingencies or losses in its busi- 
ness. All entrance fees shall be added at once to the guaranty fund. 

91:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 14, 1965.] 
[Effective date July 13, 1965.] 



CHAPTER 92. 

AN ACT TO AUTHORIZE BANKS TO INVEST IN SERVICE CORPORATIONS. 

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

92:1 Authority Granted. Amend RSA 384 by inserting after section 
16-a (supp), as inserted by 1961, 248:3, the following new section: 384:16- 
b Service Organizations. Any bank, trust company, savings bank and 
trust company, loan and banking company, commercial bank, mutual 
savings bank, guaranty savings bank, building and loan association, or 
cooperative bank which is chartered as such by this state, may purchase 
the capital stock or obligations or may otherwise invest or participate in 
or utilize the service of any organization operated primarily for the pur- 
pose of performing necessary clearing, bookkeeping, statistical, and related 
services for such a financial institution, which services would otherwise 
necessarily be performed by the individual institution. Notwithstanding 
any contrary provision of law relating to investments by such a financial 
institution, any such financial institution may at any time have outstand- 
ing investments in such a service organization not exceeding ten per cent 
of its capital funds as defined in RSA 387: 1, IV at such time. 

92:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 14, 1965.] 
[Effective date July 13, 1965.] 



1965] Chapter 93 81 

CHAPTER 93. 

AN ACT RELATIVE TO HUNTING WITH MUZZLE-LOADERS. 

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

93:1 Hunting with Muzzle-Loaders. Amend RSA 208:5-a, as in- 
serted by 1963, 315, by striking out the same and inserting in place there- 
of the following: 208:5-a Muzzle-Loaders. A person who has complied 
with the licensing requirements relative to hunting deer pursuant to 
RSA chapter 214, as amended, upon payment of a fee of three dollars by 
residents or a fee of four dollars by non-residents shall be issued a special 
license. Said special license shall entitle the holder to hunt deer with a 
muzzle-loading rifle or musket, of not less than .40 caliber, on the Friday, 
Saturday, and Sunday immediately prior to the opening date for the tak- 
ing of deer as provided for by section 2 of this chapter, as now or here- 
after amended. 

93:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 14, 1965.] 
[Effective date July 13, 1965.] 



CHAPTER 94. 

AN ACT TO RECLASSIFY A CLASS V HIGHWAY IN THE TOWN OF WALPOLE TO 

A CLASS II HIGHWAY. 

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

94:1 Class V Highway in Walpole. After the effective date of this 
act the 0.16 miles of Class V highway in the town of Walpole known as 
South Street, from its junction ^vith River Road to its junction with Main 
Street, is classified as a Class II highway. 

94:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 95. 

AN ACT TO INCREASE THE PENALTY FOR AGGRAVATED ASSAULT. 

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

95:1 Assault. Amend RSA 585:22 by striking out the words "five 
hundred" and inserting in their place the words, one thousand, and 



82 Chapter 96 [1965 

further amend the section by striking out the word "three" and inserting 
in its place the word, ten, so the section is amended to read as follows: 
585:22 — Aggravated. If the offense is of an aggravated nature, the of- 
fender shall be fined not more than one thousand dollars, or imprisoned 
not more than ten years, or both. 

95:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 96. 



AN ACT TO MAKE IT UNLAWFUL FOR ANY PERSON TO RESIST ARREST OR 

TO INTERFERE WITH A CONSERVATION OFFICER IN THE 

PERFORMANCE OF HIS DUTY. 

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

96:1 Powers of Conservation Officers. Amend RSA 206 by inserting 
a ne^v' section after section 26 as follows: 206:26-a Interference with 
Conservation Officer. It is unlawful to resist or attempt to resist arrest 
by a conservation officer, or to obstruct or attempt to obstruct, or to in- 
timidate or interfere with a conservation officer in the performance of his 
duty. Any person who violates any provision of this section shall be fined 
not less than two hundred dollars nor more than five hundred dollars, or 
be imprisoned for not more than six months, or both. 

96:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965] 



CHAPTER 97. 



AN ACT TO AUTHORIZE THE ISSUANCE OF JURY VENIRES DURING 
SESSION OF COURT. 

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

97:1 Jurors. Amend RSA 500:19 by striking out the section and 
inserting in its place the following: 500:19 Forthwith Venires. At any 
time after twenty-five days before the beginning of any term, the clerk 
of the superior court, if he deems it necessary for any reason to obtain 
a full and adequate array, may issue venires with notice forthwith of the 



1965] Chapter 98 83 

time and place o£ drawing and to the jurors dra^vn. Jurors so dra^vai shall 
attend the court as directed in the venire. 

97:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 98. 



AN ACT GIVING MEMBERS OF THE NATIONAL GUARD LIMITED AUTHORITY TO 

ARREST PERSONS WHILE IN ACTIVE STATE SERVICE ORDERED BY THE 

GOVERNOR IN CASE OF RIOT OR BREACH OF PEACE. 

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

98:1 Arrests in Criminal Cases. Amend RSA 594:1 by adding after 
the word "watchman" the following, member of the national guard acting 
under orders while in active state service ordered by the governor under 
RSA 110-A:6, so that the section is amended to read as follows: 594:1 
Definitions. As used in this chapter: 

"Arrest" is the taking of a person into custody in order that he may 
be forthcoming to answer for the commission of a crime. 

"Felony" is any crime that may be punished by death or imprison- 
ment in the state prison. Other crimes are "misdemeanors." 

"Officer" or "Peace officer" is any sheriff or deputy sheriff, mayor or 
city marshal, constable, police officer or watchman, member of the na- 
tional guard acting under orders while in active state service ordered by 
the governor under RSA 110-A:6, or other person authorized to make 
arrests in a criminal case. 

98:2 The Militia. Amend RSA 110-A:6 as inserted by 1957, 147:1 
by inserting after the words "or imminent danger thereof" the words, or 
for the safety of the inhabitants of the state, so that the section is amended 
to read as follows: 110- A: 6 Ordering National Guard into Active State 
Service. 

I. The governor shall have power, in case of invasion, disaster, in- 
surrection, riot, breach of the peace, resistance to process of this state, or 
imminent danger thereof, or for the safety of the inhabitants of the state, 
to order into the active service of the state for such period, to such ex- 
tent and in such manner as he may deem necessary all or any part of the 
national guard. Such power shall include the power to order the 
national guard or any part thereof to function under the operational con- 
trol of the United States army, navy or air force commander in charge 



84 Chapter 99 [1965 

of the defense of any area within the state which is invaded or attacked 
or is or may be threatened ^vith invasion or attack. 

98:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 99. 



AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES OF 

THE LEGISLATURE. 

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

99:1 Supplemental Appropriation. The sum of two hundred seven- 
ty-five thousand dollars is hereby appropriated for the fiscal year ending 
June 30, 1965, for expenses of the legislature. This appropriation shall 
be in addition to any other sums appropriated for the legislature, shall 
not lapse and shall not be transferred to any department, institution or 
account. The sum hereby appropriated shall be a charge on the general 
fund. 

99:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 18, 1965.] 
[Effective date May 18, 1965.] 



CHAPTER 100. 

AN ACT RELATIVE TO LARCENY OF RENTED MOTOR VEHICLES. 

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

100:1 Larceny. Amend RSA 582 by inserting after section 15 (supp), 
as inserted by 1957, 81:1, the following new section: 582:16 Rented 
Motor Vehicles or Trailers. Any person to whom a motor vehicle, semi- 
trailer, or trailer is delivered on a rental or lease basis under any agree- 
ment in writing providing for its return to a particular place at a par- 
ticular time who refuses or wilfully neglects to return such vehicle or 
trailer, after the expiration of the time stated in a notice in -^vriting proved 
to have been duly mailed by registered mail addressed to the last known 
address of the person who rented or leased the motor vehicle, semi- 
trailer, or trailer is guilty of larceny. 

100:2 Takes Effect. This act shall take effect upon its passage. 
[Approved May 18, 1965.] 
[Effective date May 18, 1965.] 



1965] Chapter 101 85 

CHAPTER 101. 

AN ACT RELATING TO FEES IN THE SUPERIOR COURT. 

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

101:1 Copies. Amend RSA 499 by inserting after section 18 (supp) 
as amended by 1963, 219:1 the following new section: 499:18-a Reduced 
Fees for Copies of Bills in Equity. When more than five copies of an 
entry of a bill in equity with orders of notice are required, the fee for 
each additional copy shall be fifty cents. 

101:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 102. 

AN ACT TO CHANGE THE LAW REGULATING MEETINGS OF CREDIT UNIONS. 

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

102:1 Meetings. Amend RSA 394:8 by striking out the word "thirty" 
and inserting in place thereof the word, sixty, so that the section is 
amended to read as follows: 394:8 Annual. The annual meeting of the 
corporation shall be held at such time and place as the by-laws prescribe, 
but must be held within sixty days after the close of the fiscal year. 

102:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 18, 1965.] 
[Effective date July 17, 1965.] 



CHAPTER 103. 

AN ACT INCREASING THE PER DIEM RATE OF MEMBERS OF THE BOARD OF 
CHIROPRACTIC EXAMINERS. 

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

103:1 Chiropractic Examiners. Amend RSA 316:7 by striking out 
the words "ten dollars" and inserting in their place the words, twenty 
dollars, so that the section is amended to read as follows: 316:7 Compen- 
sation. They shall receive twenty dollars each, for every day actually 



86 Chapter 104 [1965 

spent in the discharge of their duties, and their necessary expenses; pro- 
vided, that the amounts so paid shall not exceed the amount received by 
the treasurer from said board. 

103:2 Effective Date. This act takes effect on passage. 
[Approved May 20, 1965.] 
[Effective date May 20, 1965.] 



CHAPTER 104. 

AN ACT TO PROVIDE ASSISTANCE FOR FAMILIES AND BUSINESSES DISPLACED 
BY HIGHWAY CONSTRUCTION OR RECONSTRUCTION PROJECTS. 

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

104:1 Relocation Assistance. Amend RSA 233 by adding after sec- 
tion 26 the folloAving new sections: 233:27 Relocation Payments. Sub- 
ject to the approval of the governor and council, the commissioner of 
public works and highways is authorized, within the limits of available 
funds and appropriations, to make relocation payments to eligible persons 
for their reasonable and necessary moving expenses caused by their dis- 
placement from real property acquired for the construction of a federal- 
aid or state highway project. 

233:28 — Amount of Assistance, (a) Relocation payments author- 
ized under RSA 233:27-30 shall be made pursuant to the rules and regu- 
lations prescribed by the commissioner of public works and highways. 

(b) The commissioner of public works and highways shall establish 
the amount of relocations payments, which may not exceed two hundred 
dollars in the case of an individual or a family, nor three thousand dollars 
in the case of a business concern (including the operation of a farm), or 
a nonprofit organization. 

(c) In the case of a business (including the operation of a farm), 
and in the case of a nonprofit organization, the allowable expenses for 
transportation under RSA 233:27-30 may not exceed the cost of moving 
fifty miles from the point from which the business or organization is be- 
ing displaced. 

(d) The rules and regulations of the commissioner of public works 
and highways may include provisions authorizing reimbursements for 
payments made to individuals and families of fixed amounts (not to ex- 
ceed two hundred dollars in any case) in lieu of their respective reasonable 
and necessary moving expenses. 

(e) Any payment made under this section as reimbursement shall 
be made as a payment separate from any damages paid to the eligible 
person. 



1965] Chapter 105 87 

233:29 — Term Defined. As used in RSA 233:27-28, the term "elig- 
ible person" means any individual, family, business concern (including 
the operation of a farm), and nonprofit organization, that has occupied, 
either as the owner or as a tenant, the real property acquired or to be 
acquired for a federal-aid or state highway project for at least sixty days 
prior to the date the commissioner of public works and highways gives 
written notice to the owner of record that the property is to be acquired 
for a federal-aid or state highway project, if the commissioner of public 
works and highways finds that the individual, family, business concern 
(including the operation of a farm) or nonprofit organization is within 
the class of persons intended to be eligible to receive assistance for dis- 
placed families and businesses under the "Federal Aid Highway Act of 
1962." 

233:30 — Application. RSA 233:27-30 apply only with respect to 
federal-aid and state highway projects for which real property is acquired 
after the date of enactment of this section. 

104:2 Effective Date. This act takes effect sixty days after its pas- 
sage. 

[Approved May 20, 1965.] 
[Effective date July 19, 1965.] 



CHAPTER 105. 

AN ACT RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND THE 
NEW HAMPSHIRE WATER RESOURCES BOARD. 

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

105:1 Water Conservation Projects. Amend RSA 481 by inserting 
after section 8 the follo^ving new section: 481:8-a Municipal Obligations. 
The obligations of a political subdivision consisting of a municipality as 
defined in RSA 33:1 in a contract with the corporation under this chap- 
ter shall be binding on sucli municipality to the same extent as other 
debts lawfully contracted by it and said municipality shall annually ap- 
propriate a sum which together with any other funds available therefor 
shall be sufficient to pay such obligations, provided, however, no such 
obligation shall at any time be deemed indebtedness of such municipality 
for the purpose of ascertaining its borrowing capacity under the provi- 
sions of RSA 33:5-a or any other limitation upon its borrowing capacity. 

105:2 Effective Date. This act shall take effect upon its passage; 
[Approved May 20, 1965.] 
[Effective date May 20, 1965.] 



88 Chapter 106 [1965 

CHAPTER 106. 

AN ACT AUTHORIZING THE DEPARTMENT OF EDUCATION TO PARTICIPATE IN 
FEDERAL PROGRAM FOR CIVIL DEFENSE ADULT EDUCATION. 

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

106:1 Chdl Defense Adult Education. Amend RSA by inserting 
after chapter 107 the following new chapter: 

Chapter 107-A 

Civil Defense Adult Education Program 

107-A: 1 Department of Education. The state department of educa- 
tion is hereby authorized to participate in the Civil Defense Adult Edu- 
cation Program created with the authority of the United States Depart- 
ment of Defense and the United States Office of Education. 

107-A:2 Federal Sources. The state board of education is designated 
as the agency to receive federal funds for the civil defense adult educa- 
tion program. 

107-A: 3 Special Fund. There is hereby created in the state treasury 
a special fund to be known as the civil defense adult education fund. 
All monies granted to the state by the United States of America for the 
civil defense adult education program shall be deposited in this fund, 
and the money shall be continuously available to the state board of edu- 
cation for expenditure for the purposes authorized by the appropriate 
federal agencies, without lapse or transfer to any other state fund. All 
monies granted to the state by the United States of America and deposited 
in this fund shall be accounted for separately but may be comingled Avith 
state funds. If required by the terms of the grant from the United States 
of America, any unused portion of the grant may be returned to the fed- 
eral government at the end of a fiscal period. The state treasurer is hereby 
designated as custodian of the fund and he is liable on his official bond 
for the faithful performance of his duties in connection with the fund. 

106:2 Effective Date. This act takes effect July 1, 1965. 
[Approved May 20, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 107. 

AN ACT RELATIVE TO THE BOARD OF TRUSTEES OF THE UNIVERSITY OF 

NEW HAMPSHIRE. 

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

107:1 Board Increased. Amend RSA 187:5 as amended by 1963, 
303:3 by striking out in line nine the word "two" and inserting in place 



1965] Chapter 107 89 

thereof the word, four; further amend said section by inserting in line 
twelve after the word "state" the following, provided however that no 
such trustee may be elected to more than two successive terms, so that 
said section as amended shall read as follows: 187:5 Of Colleges and 
University. The general government of the New Hampshire College of 
Agriculture and the Mechanic Arts, of the University of New Hampshire, 
of the Plymouth State College and of the Keene State College is hereby 
vested in a single board of trustees composed as follows: The governor 
of the state, the commissioner of agriculture, the commissioner of educa- 
tion, the president of the university, the president of the Plymouth state 
college and the president of Keene state college, ex officiis; twelve trustees 
appointed by the governor with the advice and consent of the council 
for terms of four years as hereinafter provided, four trustees elected by 
the alumni of the New Hampshire college of agriculture and the me- 
chanic arts and University of New Hampshire, one of whom shall be a 
resident of this state, provided however that no such trustee may be 
elected to more than two successive terms, one trustee elected by the 
alumni of Keene state college (formerly Keene teachers college) and one 
trustee elected by the alumni of Plymouth state college (formerly Ply- 
mouth teachers college). Such election shall be in such manner as the 
board may prescribe. On the expiration of any term, the governor shall 
appoint the successors of the appointive trustees and the alumni of the 
respective institutions shall elect the successors of the elective trustees 
for a four-year term ending on the thirtieth day of June. Vacancies shall 
be filled in like manner for any unexpired term. At all times two mem- 
bers of said board shall be farmers. The trustees may be men or women 
and both major political parties shall be represented. Twelve members 
shall constitute a quorum for the transaction of business, but not less 
than fourteen affirmative votes shall be required to elect a president of 
a college or of the university. Members shall receive no compensation 
for their services but shall be reimbursed for expenses reasonably in- 
curred by them in the performance of their duties. Each member shall 
hold office until his successor is appointed and qualified. The board shall 
meet at such times and places as it may determine, but at least one meet- 
ing each year shall be held at Keene state college and at Plymouth state 
college. The chairman shall call special meetings upon the written re- 
quest of any five members or on his own motion. The board shall elect 
its own chairman annually. 

107:2 Original Terms of the Two Additional Trustees. The two 

additional trustees provided for by section 1 of this act shall be originally 
elected by the alumni at a time to be set by the board of trustees of the 
New Hampshire college of agriculture and the mechanic arts and Uni- 
versity of New Hampshire, one for a term expiring June 30, 1966 and 
the other for a term expiring June 30, 1969 and their successors shall be 
elected thereafter for regular four-year terms. 



90 Chapter 108 [1965 

107:3 Takes Effect. This act shall take effect July 1, 1965. 
[Approved May 20, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 108. 

AN ACT RELATING TO DISQUALIFICATION OF A SCHOOL BOARD MEMBER FOR 

CONFLICT OF INTEREST. 

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

108:1 School Board. Amend RSA 197:16 by inserting after the word 
"teacher" in the fifth line the words, or custodian, so that the section is 
amended to read: 197:16 Eligibility. No person shall be eligible to any 
school district office unless he is a voter in the district. No person holding 
office as a member of a school board shall at the same time act as district 
treasurer or auditor, nor shall any member of a school board be employed 
as a teacher or custodian in his district. 

108:2 Effective Date. This act takes effect July 1, 1965. 
[Approved May 20, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 109. 

AN ACT RELATING TO EARLY LAND ACQUISITION BY HOUSING AUTHORITIES. 

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

109:1 Acquisition and Disposition of Real Property. Amend RSA 
205 by inserting after section 4-a as inserted by 1959, 49:1 the following- 
new section: 205:4-b Early Acquisition and Disposition of Real Prop- 
erty. An authority may, with the approval of the governing body (or 
agency designated by it or empowered by law so to act) of the munici- 
pality in which the real property lies, and prior to the approval of a 
redevelopment plan for a redevelopment project including such real 
property, (1) acquire any real property constituting the ^vhole or any part 
or parts of any area which it has determined to be an area necessary for 
its purposes under this chapter, as amended, and for which it is prepar- 
ing a redevelopment plan for a redevelopment project and clear the areas 
so acquired, and (2) dispose of said real property at any time after acquisi- 
tion in the manner provided in section 5 of this chapter and subject to 
the provisions of any redevelopment plan which may later be approved 
for the area of any redevelopment project including such real property. 
For the acquisition and disposition of any such real property an authority 



1965] Chapter 110 91 

shall have all the rights, powers, privileges and immunities that are 
granted to the authority in this chapter with respect to any real property 
included in a redevelopment project for which a redevelopment plan has 
been approved as provided in section 4 of this chapter. 

109:2 Housing Authorities. Amend RSA 203:23 by inserting at the 
end thereof the following new paragraph. XIII. Any municipality may 
agree to bear any loss incurred as a result of the acquisition of real prop- 
erty which is later not used for redevelopment purposes because a rede- 
velopment plan for a redevelopment project including such real property 
is not approved by the governing body (or agency designated by it or 
empowered by law so to act) or is amended to omit such real property or 
is abandoned for any reason and funds to meet any such loss may be pro- 
vided as set forth in paragraph XII hereof and as provided in RSA 203:25. 

109:3 Takes Effect. This act shall take effect upon its passage. 
[Approved May 20, 1965.] 
[Effective date May 20, 1965.] 



CHAPTER 110. 

AN ACT RELATIVE TO SCHOOL BOARDS PURCHASING ACCIDENT OR INJURY 

INSURANCE. 

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

110:1 School Boards Authorized to Purchase Accident or Injury In- 
surance. Amend RSA 189:15 by inserting in line three after the word 
"schools" the following, and may purchase, at the expense of the district, 
accident or injury insurance covering all students while participating in 
any school activity or may make such insurance available at the option 
and expense of the parent or guardian of each student, so that said sec- 
tion as amended shall read as follows: 189:15 Regulations. The school 
board may, subject to the supervision of the state board, prescribe regu- 
lations for the attendance upon, and for the management, classification 
and discipline of, the schools; and may purchase, at the expense of the 
district, accident or injury insurance covering all students while partici- 
pating in any school activity or may make such insurance available at 
the option and expense of the parent or guardian of each student; and 
such regulations, when recorded by the district clerk, and when a copy 
thereof has been given to the teachers and read in the schools, shall be 
binding upon pupils and teachers. 

110:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 20, 1965.] 
[Effective date July 19, 1965.] 



92 Chapter 111 [1965 

CHAPTER 111. 

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: 

111:1 Special Head Tax. There is hereby levied and assessed in 
1965 and 1966 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. 

111:2 Resident Defined. The word "resident" as used herein means 
a person, whether a citizen or an alien, except paupers and insane persons, 
^vho has resided in this state for at least six months next preceding the 
date of each assessment of the head tax hereunder. 

111:3 Time of Payment. The head tax shall be assessed upon June 
1, 1965, and April 1, 1966, and payable upon demand on or after each of 
said dates. 

111:4 Collection. The selectmen of towns and assessors of cities shall 
on or before July 1, 1965 and June 1, 1966 make a list of all head taxes 
by them assessed against residents of their respective towns and cities and 
commit the list together with a warrant under their hands and seals to 
the collector of taxes for such town or city directing the collector to col- 
lect the head taxes on or before December first next following and to 
keep the head taxes in a special account, and monthly, or oftener, to pay 
the head taxes over to the town or city treasurer as the taxes 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 of the taxes received. 
Upon application by the assessors the tax commission for good cause may 
extend the time for delivery of the head tax warrant. 

111:5 Penalty. There shall be added to any special head tax not paid 
in full on or before December first following the assessment of the head 
tax the sum of fifty cents which shall be collected with the tax as incident 
to the head tax. 

111:6 Remedies for Collection. The special head taxes may be col- 
lected by all of the means and methods provided in RSA 80 and the pro- 
visions of RSA 214:10 and RSA 260:4-6 as amended by 1955, 39:1, 2, 
50:17, 125:1 and 1957, 13:1, 2 shall apply to the special head tax assessed 
under this act. 

111:7 Husband Liable. A husband shall be liable for the payment 
of the special head tax assessed against his wife, if, when it was assessed, 
they were living together. 



1965] Chapter 111 93 

111:8 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. 

111:9 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 shall cause its treasurer to pay over to the state treas- 
urer 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. How- 
ever, in towns ^vhere 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 the collector for his services in collecting the head taxes. If 
any to^vn or city shall fail to make its payment 'vvhen 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 the payment is overdue. 

111:10 Final Payment. Each town and city shall cause its treasurer 
on the fifteenth day of June in the year following the assessment to pay 
to the state treasurer an amount equal to all uncollected head taxes for 
which the city or town is then liable, less the ten per cent deduction. How- 
ever, the total deduction retained from all payments to the state treasurer 
shall not exceed ten per cent of the total amount of the original warrant, 
less the amount of all laAvful abatements certified to the state treasurer. 
If the payment is not made as provided in this section the state treasurer 
shall Tvithhold 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. 
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. 

111:11 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 in this act. 

111:12 Abatements. Selectmen and assessors may abate any special 
head tax assessed against persons not subject to the tax as provided in 
sections 1 and 2 of this chapter, and upon Avritten application, may abate 
the head tax when it appears that the payment of the tax ^vould impose 
an undue hardship upon the applicant. The selectmen and assessors may 
abate the head tax after all methods of collection provided by law have 
proved ineffective. They shall make a Avritten 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 re\'ie\v. If, upon revie^v, the tax commis- 



94 Chapter 111 [1965 

sion decides that the abatement should not have been made it shall dis- 
alloAv the abatement and upon notice thereof the town shall pay to the 
state the amount of all abatements so disallo^ved. 

111:13 Supplementary Bond of Collector. Whenever the tax com- 
mission considers it necessary, a collector of taxes or town manager may 
be required to furnish a further and additional bond beyond that re- 
quired by other provisions of law, with sureties, in such form and amount 
as the commission may approve. The premiums shall be paid by the state. 

111:14 Supplies, Bills and Postage. The tax commission shall pro- 
\ide each city and town, without charge, printed tax bills, envelopes, 
postage, or postal cards, and other supplies, to be used in assessing and 
collecting the special head taxes and in keeping the necessary records re- 
lating thereto. It may reimburse any city or town in which it seems more 
practicable and advisable for the city or town to obtain its own supplies, 
materials and postage, for the cost thereof, if the purchase of such sup- 
plies, materials and postage by city or town has been previously approved 
by the tax commission. The expenses incurred or reimbursements au- 
thorized by the tax commission under this section and for supplemental 
bonds required under section 13 of this act shall be a charge against the 
funds collected by the state under these provisions. 

111:15 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 June 15, 1965 and April 15, 1966 shall be exempt from the special 
head tax. 

111:16 Disposition of Taxes. All funds received by the state treas- 
urer 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. 

111:17 Refund of Tax Paid. If it appears that a person has paid a 
head tax for which he was not liable and the tax has been paid to the state 
treasurer by the town or city where it was collected, the state treasurer, 
after investigation by the tax commission, upon order of the tax commis- 
sion, 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 assessment. 

111:18 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. 



1965] Chapter 112 95 

111:19 Takes Effect. This act shall take effect as of June 1, 1965. 
[Approved May 28, 1965.] 
[Effective date June 1, 1965.] 



CHAPTER 112. 

AN ACT TO AMEND THE AREA SCHOOL PLAN AND THE LAW RELATING TO THE 
SCHOOL BUILDING AUTHORITY. 

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

112:1 Tuition. Amend paragraph IX of RSA 195-A:1 as inserted 
by 1963, 277:1 by striking out the paragraph and inserting in its place the 
following: IX. "Tuition" shall mean the sum of money which each send- 
ing district is obligated to pay to the receiving district to defray the cost 
of education of each of its resident pupils, for a school year, at the area 
school in the receiving district to which such pupils are assigned and it 
may be subdivided into elementary school tuition, junior high school 
tuition, high school tuition, or any other reasonable combination of 
grades, and shall be fixed as provided in section 3 of this chapter. Tuition 
shall include an annual rental charge per pupil. 

112:2 Rental Charge. Amend paragraph X of RSA 195-A:1 as in- 
serted by 1963, 277:1 by striking out the paragraph and inserting in its 
place the folloAving: X. "Annual rental charge per pupil" shall mean 
that additional payment included in tuition as defined in paragraph IX 
which represents a fair charge for building occupancy. It may also include 
a fair charge for any debt service and reduction of principal, -which may 
become due between date of bond issue and date of building occupancy. 

112:3 Plan. Amend paragraph V, RSA 195-A:3 as inserted by 1963, 
277:1 by striking out the paragraph and inserting in its place the follow- 
ing: V. An area school planning board may recommend that there be 
established an authorized regional enrollment area plan for elementary 
or secondary schools, or both, or any other reasonable combination of 
grades, composed of all the school districts represented by its membership 
or any specified combination thereof. The planning board shall prepare 
a written plan for the proposed regional enrollment area, which shall be 
signed by at least a majority of the membership of such board, Avhich shall 
set forth the following: (a) the name or names of each area school or 
schools proposed, and the receiving district or districts in which such 
school or schools shall be located; (b) the sending districts or portions 
thereof which, together with the receiving district, shall form the region 
which each area school or schools shall serve; (c) the grades for which each 
area school or schools shall be responsible (which may include a com- 



96 Chapter 112 [1965 

bination of elementary and secondary grades or any other reasonable 
classication); (d) the formula for calculation of tuition; (e) the manner 
in Avhich any form of state aid shall be allocated, unless otherwise ex- 
pressly provided by law; (f) the existing school buildings in the several 
school districts which shall be discontinued; (g) the existing school build- 
ings in the receiving district which shall be designated as an area school 
or schools including any existing buildings to be initially enlarged; (h) 
the proposed new area school building or buildings to be initially con- 
structed in the receiving district and the initial location of same; (i) the 
estimated initial enrollment in each area school from each of the sending 
districts and from the receiving district; (j) the proposed date or dates of 
operating responsibility of each planned area school, which date may be 
subsequently postponed by the state board upon petition of a receiving or 
sending district, in the event of unforeseen circumstances or for good cause 
shoAvn; (k) the scheduled date or dates during each year upon which tui- 
tion payments shall be made by the sending districts to the receiving dis- 
tricts and whether the tuition shall be payable in instalments of a given 
percentage, or in a lump sum; (1) procedure for improvement or changes 
in curriculum and other school programs and services; (m) the method, 
time, and manner in which the plan may be amended, subject to state 
board approval, where not incompatible with law; (n) any other matters, 
not incompatible with law, which the area school planning board may 
consider appropriate to include in such written plan. 

112:4 Approval. Amend paragraph VI of RSA 195-A:3 as inserted 
by 1963, 277:1 by striking out the paragraph and inserting in its place 
the following: VI. Before finally agreeing upon a proposed regional plan, 
the area school planning committee shall hold at least one public hearing 
thereon within the proposed region and shall give such notice thereof as 
it shall determine to be reasonable. An executed copy of the proposed 
plan shall be submitted by such planning board to the state board, and 
when the state board finds that such plan is in accord with the provisions 
of section 2 and of paragraph V of this section and is otherwise lawful and 
feasible, it shall approve the same and cause it to be submitted to the 
school boards of the several school districts included in the plan for ac- 
ceptance by these school districts as provided in the following paragraph. 
The planning board may amend a proposed regional plan to conform to 
recommendations of the state board without holding further public hear- 
ings thereon. 

112:5 Construction. Amend RSA 195-A:7 as inserted by 1963, 277:1 
by striking out the section and inserting in its place the following: 195- 
A:7 Construction of Area Schools. The construction of an area school 
building, including construction of additions or alterations of existing 
buildings, the required new construction of such facilities during the life 
of the plan, the equipment thereof, and necessary land acquisition there- 
for, shall be the responsibility of the receiving district but it must, at all 



1965] Chapter 112 97 

times, provide facilities of sufficient capacity to meet the estimated edu- 
cational needs of the receiving and sending districts together. A receiving 
district may borrow money for such purposes as provided in RSA 33 as 
amended. However, in calculating whether it is within its debt limit, 
there shall be charged thereto an amount no greater than its proportionate 
share of any such required capital outlay, which shall be the proportion 
which its then estimated enrollment in the area school, to be constructed 
or enlarged, bears to the then estimated total enrollment therein, as de- 
termined by order of the state board. The total amount of such bond or 
serial note issue shall be general obligations of the receiving district, fully 
secured by its powers of taxation. Upon application of the school board 
of the receiving district, that amount of such bond or serial note issue, 
which is in excess of the proportionate share of the receiving district as 
determined by the state board, shall be eligible for state guarantee, either 
on a declining balance basis or as a separate issue fully guaranteed, as the 
governor and council may decide, in accordance with RSA 195-B. The 
school board of the receiving district, without vote of the district, shall 
apply all tuition payments received from sending districts in each year 
first to the payment of the currently scheduled, or any past due, annual 
installments of principal or interest on that amount of such bond or serial 
note issue which is guaranteed by the state; and only after adequate pro- 
vision has been made therefor may any portion of such revenue be used 
for other purposes. 

112:6 Repeal. RSA 195-A:8 as inserted by 1963, 277:1 is repealed. 

112:7 Elimination of Restriction. Amend paragraph II of RSA 
195-A:I0 as inserted by 1963, 277:1 by striking out the paragraph and 
inserting in its place the following: 

II. As of June thirtieth in each year, the state board shall cause to 
be computed the amount of annual grants to be paid to eligible receiving 
districts for use as provided in area plans approved hereunder, in the suc- 
ceeding fiscal year, based upon average daily memberships from sending 
districts in the preceding fiscal year. If, in any year, the amount appro- 
priated for distribution hereunder is insufficient therefor, the available 
appropriation shall be apportioned proportionately among the receiving 
districts entitled to such grant. Any available appropriations not fully 
distributed in the first year of any biennium may be distributed in the 
second year if required to meet the formula established in the preceding 
paragraph. 

112:8 Enlargement. Amend paragraph I of RSA 195-A:12 as inserted 
by 1963, 277:1 by striking out the paragraph and inserting in its place 
the following: 

I. The school board of a school district located in proximity to an 
authorized regional enrollment area, which did not join the plan when 



98 Chapter 112 [1965 

it was initially established, may petition the school board of the receiving 
district of such area to join the area plan. Thereupon it shall be the duty 
of the H\o school boards to engage in a joint study of the advisability 
thereof. The t^vo school boards acting jointly shall have all the powers 
of an area school planning board as provided in section 3 and may pre- 
pare and sign a ^nitten plan which shall contain such of the provisions re- 
quired by paragraph V of section 3, as may be applicable. 

112:9 Goshen-Lempster Cooperative District. The Goshen-Lemp- 
ster Cooperati\'e School District is hereby declared to be an eligible send- 
ing district under RSA 195-A as amended. If it joins an area plan as pro- 
vided in RSA 195-A, all state aid thereafter payable on account thereof 
shall be calculated as if the pre-existing school districts of Goshen and 
Lempster were still in existence as separate districts for such purpose. 

112:10 Amherst-Milford Area Plan. I. The Plan for the Amherst- 
Milford Authorized Regional Enrollment Area, as accepted by the School 
Districts of Milford and Amherst at special meetings held November 21, 
1964, and the acts and proceedings of each of such special meetings are 
hereby legalized, ratified and confirmed. The amendments to RSA 195- 
A:1-IX and X made by this act shall not apply to the Plan for the Am- 
herst-Milford Authorized Regional Enrollment Area, which shall con- 
tinue to be governed by such paragraphs IX and X as if they had not 
been amended. The school board of the School District of Milford is 
hereby authorized to issue bonds or serial notes of the District in the full 
amount of the appropriation authorized by the District under article 2 
of the warrant for such special meeting of November 21, 1964, as pro- 
vided by RSA 33 as amended; but the entire amount of such bond or 
note issue which exceeds the proportionate share of the School District of 
Milford, as determined by the state board, shall be eligible for state guar- 
antee, upon application of the school board, as provided in chapter 195-B. 
The provisions of RSA 195-A: 7 as amended by this act, shall apply to 
such bond issue. 

11. The Plan for the Amherst-Milford Authorized Regional Enroll- 
ment Area may be amended, if such amendment conforms to law, in the 
following manner: The school boards of the districts, acting as a joint 
board, may submit any such amendment, which has been approved in 
writing by a majority of each such board, to the state board of education 
for approval. When such amendment has been approved by the state 
board, as conforming to the standards of RSA 195-A: 3-VI, it shall be the 
duty of each school board to submit such amendment to the voters of 
each school district at a duly warned, annual or special meeting thereof. 
Upon approval of such amendment by a majority of those present and 
voting at each district meeting, the amendment shall take effect. 

112:11 Abolition of School Building Authority as a Corporation. 
Amend RSA 195-B as inserted by 1963, 277:1 by striking out said chapter 
and inserting in its place the following: 



1965] Chapter 112 99 

Chapter 195-B 
State Guarantee 

195-B: 1 School Building Authority. I. There shall be a school build- 
ing authority of five members consisting of the chairman of the state board 
of education, the commissioner of education and three other members 
appointed by the governor, with the advice and consent of the council, 
for terms of three years and until their successors are elected and qualify; 
provided however that the three appointive directors of the New Hamp- 
shire School Building Authority, heretofore appointed by the governor 
and council, are hereby constituted the appointive members of the school 
building authority hereby created, for the remainder of the respective 
terms for which they were appointed as such directors. The governor shall 
designate one of said members as chairman. The state treasurer shall 
serve as fiscal advisor to such authority, without vote. It shall be the duty 
of the authority to consider and investigate all application of receiving 
districts under area school plans (RSA 195-A) and of cooperative school 
districts (RSA 195) for the granting of state guarantees to bond or serial 
note issues of such school districts for school construction, enlargement 
or alterations, and to make a written report and recommendation thereon 
to the governor and council. Such guarantee may be favorably recom- 
mended if the authority finds that the construction project for which the 
bonds or notes to be issued, will be of public use and benefit, and that the 
amount of the bond or note issue to be guaranteed appears to be within 
the financial means and available resources of the school district applying 
for such guarantee, considering all available sources of revenue. The au- 
thority may make reasonable procedural rules and regulations and pre- 
scribe forms to be used in its proceedings. 

II. Members of the school building authority, except the commis- 
sioner of education, shall receive as compensation for their services, while 
actually engaged in the business of the authority, the sum of eight dollars 
per day plus their necessary travel and subsistence expenses. In case of 
vacancy among the appointive members of the authority, the governor 
with the advice and consent of the coimcil, shall fill the same for the un- 
expired term. 

195-B:2 Limit of Guarantee. In the case of a receiving district under 
an area school plan, the state guarantee may apply, on a declining balance 
basis, only to that portion of the bond or serial note issue which exceeds 
the proportionate share of the receiving district as determined by the 
state board of education under RSA 195-A:7. In the case of a cooperative 
school district, the state Guarantee may apply, on a declining balance 
basis, only to bonds or serial notes in amount not exceeding fifty percent, 
of the cost of the project as determined by the school building authority. 

195-B: 3 Separate Bond Issue. If it appears more advantageous to 
the public interest not to use the declining-balance mode of guarantee. 



100 Chapter 113 [1965 

the state guarantee may be extended in full to that portion of the bond or 
serial note issue of the receiving district which exceeds its proportionate 
share as thus determined; and in such event the fully guaranteed portion 
of such bond or note issue shall be a separate and distinct issue. The de- 
termination of which mode of guarantee to apply, shall be made by the 
governor and council upon recommendation of the school building au- 
thority. 

195-B:4 State Guarantee. Subject to the limits of section 2, the gov- 
ernor and council are authorized in the name of the State of New Hamp- 
shire, upon favorable recommendation by the school building authority, 
to guarantee unconditionally, but at no time in excess of the total aggre- 
gate sum for the entire state of ten million dollars, the payment of the 
principal of and interest on bond or serial note issues of receiving districts 
under area school plans or of cooperative school districts, for projects 
for school construction, enlargement, alteration, land acquisition and 
equipment thereof; and the full faith and credit of the state are pledged 
for any such guarantee. The outstanding amount of principal and in- 
terest on such bonds and notes, the payment of which has been guaran- 
teed by the state under this section, shall at no time exceed the amount 
of ten million dollars. The state's guarantee shall be endorsed on such 
bonds or notes by the state treasurer. In the event of default in payment 
of any such bonds or notes, the state may recover any losses suffered by 
it as provided in RSA 530. 

195-B:5 Application to Pending Issues. The provisions of this chap- 
ter shall apply to bond or serial note issues which have been authorized 
by cooperative school districts or receiving districts prior to the effective 
date of this act but which have not been issued or sold prior thereto. 

112:12 Transfer of Appropriation. Appropriations or unexpended 
balances thereof for the New Hampshire School Building Authority for 
the fiscal years ending June 30, 1965, 1966 and 1967, are hereby trans- 
ferred to the school building authority established by this act. 

112:13 Effective Date. This act takes effect upon its passage. 
[Approved May 28, 1965.] 
[Effective date May 28, 1965.] 



CHAPTER 113. 

AN ACT RELATING TO VERIFICATION OF SAVINGS ACCOUNTS. 

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

113:1 Savings Accounts. Amend RSA 386:21 (supp), as inserted by 
1957, 258:2 and amended by 1959, 245:1, by striking out the section and 



1965] Chapter 114 101 

inserting in its place the following: 386:21 Verification. At least once 
in every five years every savings bank, cooperative bank, and building and 
loan association shall, at its own expense, to such extent and in such man- 
ner as the commissioner shall prescribe, cause to be conducted a verifica- 
tion of substantially all individual deposit books or due books of share- 
holders Avith the books of the bank or association and a trial balance made 
of the depositors' ledgers of such bank or association. In conducting any 
such verification the second notice to those depositors who failed to re- 
spond to the first notice may be dispensed with on accounts having a bal- 
ance of less than fifty dollars. 

113:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 114. 

AN ACT RELATING TO THE POWERS OF BANKS AND OTHER LIKE INSTITUTIONS. 

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

114:1 Elimination of Conflict with Federal Regulations. Amend 
RSA 384:16-a (supp), as inserted by 1961, 248:3, by striking out the section 
and inserting in its place the following: 384:16-a Real Estate. Any insti- 
tution described in section 1 of this chapter may hold and lease real estate 
acquired in payment of a pre-existing debt owed to the institution, by 
foreclosure of mortgage or otherwise. 

114:2 Pledges of Joint Savings Accounts. Amend RSA 384:35 (supp) 
as amended by 1961, 136:2 by striking out the section and inserting in its 
place the following: 384:35 Pledge of Savings Account in Joint Tenancy. 
The pledge of any savings account held in joint tenancy or of any joint 
savings account of the type described in RSA 384:28 and 386:19, when 
made in writing by any one of the co-depositors or co-owners having the 
authority to make withdrawals from such account, shall, unless the terms 
of the savings account provide specifically to the contrary, be a valid 
pledge and transfer of so much or all of such savings account as may be 
necessary to secure the collateral obligation for which it is pledged, but 
such pledge shall not operate to destroy the joint and survivorship char- 
acter of that portion of such account which is not encumbered by the 
pledge or Avhich may subsequently be redeemed therefrom. This section 
shall apply to savings accounts maintained in any institution described in 
section 1 hereof, or in any federally-chartered institution of like nature 
having a place of business in this state. This section shall in no way affect 
the provisions of section 8 and 9, chapter 86, RSA, relative to the in- 
heritance tax. 



102 Chapter 115 [1965 

114:3 Pledges by Minors. Amend RSA 386:18 by striking out the 
section and inserting in its place the following: 386:18 Minors. Savings 
banks and other institutions for savings may pay to minors the deposits 
to their credit as if they Avere of age, and their receipts shall be sufficient 
discharges for the same, A minor shall have the power of a person of law- 
ful age to pledge any type of savings account maintained in a savings 
bank or other institution for savings, of which account such minor is 
owner or co-owner, in order to secure a collateral obligation not exceed- 
ino[ the amount of such account. 

114:4 Minors and Special Notice Accounts. Amend RSA 386:46 
(supp), as inserted by 1961, 195:1, by striking out the section and inserting 
in its place the following: 386:46 Withdrawals. No such corporation 
shall permit the whole or any part of such deposits or any ordinary, extra 
or additional dividend declared thereon to be withdrawn, in whole or in 
part, except in accordance with the terms of such agreements, which shall 
be binding on minors as well as persons of lawful age. Provided however, 
that such a deposit may be paid to the administrator or executor of a de- 
ceased depositor, lawfully entitled thereto, without a prior written with- 
dra^val notice of ninety days or more, but in such event no extra or addi- 
tional dividend shall be paid on such deposit for the dividend period in 
which it is withdrawn. 

1 14:5 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 115. 

AN ACT AUTHORIZING INVESTMENT OF RETIREMENT FUNDS IN COOPERATIVE 
BANKS, BUILDING AND LOAN ASSOCIATIONS, AND SAVINGS BANKS. 

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

115:1 Teachers' Retirement System. Amend paragraph I of RSA 
192:11, by striking out the paragraph and inserting in its place the fol- 
lowing: 1. The members of the board of trustees shall be the trustees of 
the several funds created hereby, and shall have full power to invest and 
reinvest such funds, subject to all the terms, conditions, limitations, and 
restrictions, imposed by the laws of the state of New Hampshire upon 
domestic life insurance companies in the making and disposing of their 
investments, and further may invest and reinvest such funds in shares of 
cooperative banks and building and loan associations existing under the 
laws of this state and of federal savings and loan associations located in 
this state, and may make deposits in savings banks or trust companies 
existino: under the laws of this state or in national banks located in this 



1965] Chapter 115 103 

state; and subject to like terms, conditions, limitations, and restrictions, 
said trustees shall have full power to hold, purchase, sell, assign, transfer, 
and dispose of any of the securities and investments in which any of the 
funds created hereby have been invested, as well as the proceeds of such 
investments. The board of trustees shall have authority to hire invest- 
ment counsel. The state treasurer shall be the custodian of the several 
funds of the retirement system. 

115:2 State Employees' Retirement System. Amend paragraph I of 
RSA 100:13, by striking out the paragraph and inserting in its place the 
following: I. The members of the board of trustees shall be the trustees 
of the several funds created hereby, and shall have full power to invest 
and reinvest such funds, subject to all the terms, conditions, limitations 
and restrictions imposed by the laws of the state of New Hampshire upon 
domestic life insurance companies in the making and disposing of their 
investments, and further may invest and reinvest such funds in shares of 
cooperative banks and building and loan associations existing under the 
laws of this state and of federal savings and loan associations located in 
this state, and may make deposits in savings banks or trust companies 
existino- under the laws of this state or in national banks located in this 

o 

state; and subject to like terms, conditions, limitations and restrictions, 
said trustees shall have full power to hold, purchase, sell, assign, transfer 
and dispose of any of the securities and investments in which any of the 
funds created hereby have been invested, as well as the proceeds of such 
investments. The state treasurer shall be the custodian of the several funds 
of the retirement system. 

115:3 Firemen's Retirement System. Amend paragraph I of RSA 
102:12 by striking out the paragraph and inserting in its place the follow- 
ing: I. The fiscal year shall begin on July 1. All moneys collected by the 
board hereunder shall be forthwith remitted to the state treasurer, who 
shall act as custodian of the retirement fund. With the exception of such 
moneys as may be required for current disbursement, the state treasurer 
shall invest and reinvest the retirement fund in accordance with the laws 
governing the investments of savings banks, and further may invest and 
reinvest such funds in shares of cooperative banks and building and loan 
associations existing under the laws of this state, and of federal savings 
and loan associations located in this state, and may make deposits in sav- 
ings banks or trust companies existing under the laws of this state or in 
national banks located in this state. 

115:4 Policemen's Retirement System. Amend paragraph I of RSA 
103:11, by striking out the paragraph and inserting in its place the follow- 
ing: I. All moneys collected by the board hereunder shall be forthwith 
remitted to the state treasurer who shall act as custodian of the retirement 
fund. Donations to the retirement fund may be accepted by the state 
treasurer. With the exception of such moneys as may be required for cur- 



104 Chapter 116 [1965 

rent disbursement, the state treasurer shall invest and reinvest the retire- 
ment funds in accordance with the laws governing the investments of 
savings banks, and further may invest and reinvest such funds in shares 
of cooperative banks and building and loan associations existing under 
the laws of this state and of federal savings and loan associations located 
in this state, and may make deposits in savings banks or trust companies 
existins: under the laws of this state or in national banks located in this 
state. The fiscal year of the board shall begin July first, unless otherwise 
established by the board. 

115:5 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 116. 

AN ACT RELATING TO PRELIMINARY EXAMINATIONS IN CRIMINAL CASES. 

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

116:1 Procedure Established. Amend RSA by inserting after chapter 
596 the following new chapter: 

Chapter 596-A 

Preliminary Examinations 

596-A: 1 Adjournments. When an accused person is brought before a 
district or municipal court, upon a warrant or complaint, for trial or 
preliminary examination, the proceedings may be adjourned for cause, 
from time to time, as shall be adjudged reasonable, and the accused may 
be detained in custody, or required to recognize, with or without sureties, 
for his appearance, as the nature of the case may require. 

596-A:2 Record. Every district or municipal court may cause a ^vrit- 
ten transcript to be made of the testimony given at a preliminary exam- 
ination, in any case where the magnitude of the offense or the special 
circumstances of the case may seem to require it. 

596-A: 3 Caution to Accused. The district or municipal court shall 
cause the complaint to be read to the accused, shall inform him of his right 
to retain counsel and of his right to have a preliminary examination. The 
court shall also inform the accused that he is not required to make a state- 
ment or to testify, but that any statement or testimony given by him may 
be used against him. The court shall allow the accused reasonable time 
and opportunity to consult counsel including an adjournment as pro- 
vided in section 1 if necessary. 



1965] Chapter 117 105 

596-A:4 Procedure. The accused shall not be called upon to plead, 
if the offense is beyond the jurisdiction of the court to decide. If the ac- 
cused waives preliminary examination thereof, the court shall hold him 
to appear in superior court as provided in section 7. If the accused does 
not waive preliminary examination, the court shall hear the evidence 
within a reasonable time. The accused may cross-examine the witnesses 
against him and may introduce evidence in his own behalf. 

596-A:5 Testimony of Accused. If the accused elects to be examined 
himself he shall be sworn, but it shall always be a sufficient answer that 
he declines to answer the question; and if at any time he declines to an- 
swer further his examination shall cease. 

596-A:6 Excluding Witnesses. Any of the witnesses for or against 
the accused may be excluded from the place of examination, and be kept 
separate and apart from each other during the examination of other wit- 
nesses. 

596-A:7 Commitment and Bail. If from the evidence it appears to 
the court that there is probable cause to believe that an offense has been 
committed, which is beyond the jurisdiction of the court to try, and that 
the accused committed it, or if the accused waives preliminary examina- 
tion thereof, the court shall hold the accused to appear in superior court 
as provided in RSA 502-A:13 or RSA 592-A:4; otherwise, if no probable 
cause appears, the accused shall be discharged from custody. If bound 
over, unless the offense is bailable only by the superior court as provided 
in RSA 597:4, the accused may be admitted to bail by the court as pro- 
vided in RSA 597 but where the offense is bailable only by the superior 
court, the accused shall be committed by warrant to a county jail pending 
further proceedings in superior court. 

116:2 Repeal. RSA 596, relating to examinations, is hereby repealed. 

116:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 117. 

AN ACT RELATIVE TO ADVERTISING OF ALCOHOLIC BEVERAGES. 

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

117:1 Advertising. Amend RSA 175:10, as amended by 1959, 91:1, 
by inserting in line four after the word "broadcasting" the words, sports 
films, and travelogs, so that said section as amended shall read as follows: 



106 Chapter 118 [1965 

175:10 Advertising. All advertising of liquor or beverages within the 
state is hereby prohibited, except as specifically authorized by the com- 
mission, provided that advertising through the medium of newspapers, 
magazines, periodicals, television and radio broadcasting, sports films, 
and travelogs shall not be prohibited but shall be subject to the regula- 
tions of the commission, and provided further that all advertising of 
liquor and beverages within the state through the medium of billboards 
is prohibited. 

117:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 118. 

AN ACT RELATING TO THE TIME WITHIN WHICH ACTIONS FOR INJURY MUST 

BE BROUGHT AGAINST PERSONS WHO PERFORMED OR FURNISHED THE 

DESIGN, PLANNING, SUPERVISION OR CONSTRUCTION OF 

AN IMPROVEMENT ON REAL PROPERTY. 

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

118:1 Limiting Time for Actions Resulting from Construction. 

Amend RSA 508 by inserting after 508:4-a (supp), as inserted by 1955, 
220:1, the following new section: 508:4-b Damages fromi Construction. 
No action to recover damages for injury to property, real or personal, or 
for an injury to the person, or for bodily injury or wrongful death, aris- 
ing out of any deficiency in the design, planning, supervision or observa- 
tion of construction, or construction of an improvement to real property, 
nor any action for contribution or indemnity for damages sustained on 
account of such injury, may be brought against any person performing or 
furnishing the design, planning, supervision of construction or construc- 
tion of such improvement to real property more than six years after the 
performance or furnishing of such services and construction. This limita- 
tion shall not apply to any person in actual possession and control as 
owner, tenant or otherwise of the improvement at the time the defective 
and unsafe condition of such improvement constitutes the proximate 
cause of the injury for which it is proposed to bring an action. 

118:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



1965] Chapter 119 107 

CHAPTER 119. 

AN ACT RELATING TO CONVEYANCES AND OTHER TRANSFERS OF BUILDINGS 

ON LAND OF ANOTHER. 

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

119:1 Real Estate. Amend RSA 477 by adding at the end thereof 
the following new subdivision: 

Buildings on Land of Another 

477:44 Effect. Buildings situated on land not belonging to the 
owners of the buildings shall be deemed real estate for the purposes of 
transfer, whether voluntary or involuntary, and shall be conveyed, mort- 
gaged or leased, and shall be subjected to attachment, other liens, fore- 
closure, and execution, in the same manner and with the same formality 
as real estate. 

119:2 Repeal. RSA 382-A:9-401 (c) as inserted by 1959, 247:1 is 
hereby repealed. Such repeal shall not affect the validity or enforcement 
of any security interest in any such buildings heretofore created under 
said repealed paragraph, but no continuation statement need be filed as 
provided in RSA 382-A: 9-403 in order to preserve the effectiveness of such 
security interest. 

119:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 120. 

AN ACT PROVIDING FOR THE FORFEITURE OF LIQUOR FOUND IN THE 
POSSESSION OF A MINOR. 

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

120:1 Forfeiture. Amend RSA 175:8-a, as inserted by 1959, 157:1, 
by adding at the end thereof the following: Any minor convicted of un- 
lawful possession of liquor or alcoholic beverages shall forfeit the same, 
and it shall be disposed of as the court directs. The proceeds, if any, shall 
be paid into the treasury of the county wherein the proceedings were de- 
termined, so that said section as amended shall read as follows: 175:8-a 
Unlawful Possession. A minor who has in his possession any liquor or 
alcoholic beverage shall be fined not more than fifty dollars. Any minor 
convicted of unlawful possession of liquor or alcoholic beverages shall 
forfeit the same, and it shall be disposed of as the court directs. The pro- 



108 Chapter 121 [1965 

ceeds, if any, shall be paid into the treasury of the county wherein the 
proceedings Avere determined. 

120:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 121. 

AN ACT RELATIVE TO PETITION FOR MARRIAGE LICENSE BY NON-RESIDENT 

UNDER AGE. 

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

121:1 Non-resident. Amend RSA 457:6 by inserting after the word 
"state" in the second line the words, or the marriage of a person who is a 
non-resident in this state who applies for permission to marry a resident 
in this state, and further amend the section by striking out the words 
"within the state" in lines five and six, so the section is amended to read 
as follows: 457:6 Petition by Party Under Age. If special cause exists 
rendering desirable the marriage of a person resident in this state, or the 
marriage of a person who is a non-resident in this state who applies for 
permission to marry a resident in this state, below the age of consent and 
above the ages specified in section 4, the parties desiring to contract such 
marriage, with the parent or guardian having the custody of such party 
below such age, if there be such parent or guardian, may apply in writing 
to a justice of the superior court, or to the judge of probate of the county 
in which one of them who is below such age resides, for permission to 
contract such marriage. 

121:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 122. 

AN ACT RELATING TO COERCION IN PLACING INSURANCE ON REAL AND 

PERSONAL PROPERTY. 

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

122:1 Unfair Insurance Trade Practices. Amend paragraph (9) of 
RSA 417:4 by striking out the paragraph and inserting in its place the 



1965] Chapter 123 109 

following: (9) Coercion in Requiring Insurance, (a) No creditor or 
lender engaged in the business of financing the purchase of real or per- 
sonal property or of lending money on the security of real or personal 
property may require, as a condition to such financing or lending, or as 
a condition to the renewal or extension of any such loan or to the per- 
formance of any other act in connection with such financing or lending, 
that the purchaser or borrower, or his successors, shall negotiate through 
a particular insurance company or companies, insurance agent or agents, 
broker or brokers, type of company or types of companies, any policy of 
insurance or renewal of a policy insuring such property. This provision 
does not prevent the exercise by any mortgagee of his right to approve 
on a reasonable non-discriminatory basis only insurance companies au- 
thorized to do business in this state, selected by the borrower. 

(b) There shall be no interference either directly or indirectly with 
such borrower's, debtor's, or purchaser's free choice of an agent and of 
an insurer which complies with the foregoing requirements, and the 
creditor or lender may not refuse the policy so tendered by the borrower, 
debtor or purchaser. Upon notice of any refusal of such tendered policy, 
the insurance commissioner shall order the creditor or lender to accept 
the tendered policy, if the commissioner determines that the refusal is 
not in accordance with the foregoing requirements of this subparagraph. 
Failure to comply with such an order of the insurance commissioner is a 
violation of this section. 

(c) Whenever the instrument requires that the purchaser, mort- 
gagor, or borrower furnish insurance of any kind on real property being 
conveyed or that is collateral security to a loan, the mortgagee or lender 
shall refrain from disclosing or using any and all such insurance informa- 
tion to his or its own advantage and to the detriment of either the bor- 
rower, purchaser, mortgagor, insurance company, or agency complying 
with the requirements relating to insurance. 

122:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 123. 

AN ACT RELATING TO THE ESTABLISHMENT OF CONTINGENCY FUNDS FOR 
UNITS OF MUNICIPAL GOVERNMENT. 

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

123:1 Towns. Amend RSA 31 by inserting after section 97 (supp) 
as inserted by 1957, 287:4 the following new section: 31:98 Contingency 
Fund. Every town annually by an article in the warrant may establish a 



110 Chapter 123 [1965 

contingency fund to meet the cost of unanticipated expenses that may 
arise during the year. Such fund shall not exceed one per cent of the 
amount appropriated by the town for town purposes during the preced- 
ing year excluding capital expenditures and the amortization of debt. 
A detailed report of all expenditures from the contingency fund shall be 
made annually by the selectmen and published with their report. 

123:2 Cities. Amend RSA 44 by adding after section 44:10 the fol- 
lowing ne^\^ section: 44:10-a Contingency Fund. Every city, by its coun- 
cil, may establish a contingency fund to meet the cost of unanticipated 
expenses that may arise during the year. Such fund shall not exceed one 
per cent of the amount expended by the city for city purposes, exclusive 
of school department costs, capital expenditures and amortization of debt 
during the preceding year. A detailed report of all expenditures from 
the contingency fund shall be made annually by the treasurer and pub- 
lished in his report. 

123:3 Village Districts. Amend RSA 52 by adding after section 52:4 
the following new section: 52:4-a Contingency Fund. Every village dis- 
trict annually by an article in the warrant may establish a contingency 
fund to meet the cost of unanticipated expenses that may arise during 
the year. Such fund shall not exceed one per cent of the amount appro- 
priated exclusive of capital expenditures and amortization of debt by such 
village district during the preceding year. A detailed report of all ex- 
penditures from the contingency fund shall be made annually by the 
commissioners and published with their report. 

123:4 School Districts. Amend RSA 198 by inserting after section 
4-a as amended by 1963, 120:6 the following new section: 198:4-b Con- 
tingency Fund. Every school district annually by an article in the Avarrant, 
and the governing body of a city upon recommendation of the school 
board, when the operation of the schools is by a department of the city, 
may establish a contingency fimd to meet the cost of unanticipated ex- 
penses that may arise during the year. Such fund shall not exceed one 
per cent of the amount appropriated for school purposes, exclusive of 
capital expenditures and amortization of debt, during the preceding year. 
A detailed report of all expenditures from the contingency fund shall be 
made annually by the school board and published with their report. 

123:5 Takes Effect. This act shall take effect sixty days after passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



1965] Chapter 124 111 

CHAPTER 124. 

AN ACT RELATING TO THE TIME WITHIN WHICH THE INVOICE ASSESSMENT 
RECORD SHALL BE PREPARED. 

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

124:1 Invoice Assessment Records. Amend RSA 76:7 by striking 
out the section and inserting in its place the following: 76:7 Record of 
Invoices and Taxes. A fair record shall be made of every invoice taken 
by the selectmen, and of all taxes by them assessed, in a book of records 
of the doings of the selectmen in their office, which shall be the property 
of the town. The selectmen shall leave a copy of the record with the town 
clerk within thirty days after the tax rate has been approved by the tax 
commission, or the original invoice and assessment shall be so left and 
recorded by the clerk. Both records shall be open to the inspection of all 
persons. The invoice record shall contain: (1) the information required 
under RSA 75:4; (2) the record of real estate which shall include the name 
of the owner, if known; the number of the lot and range, if lotted; other- 
wise, such description as the land may readily be known by; and the num- 
ber of acres, if known; and (3) the amount of taxes assessed on all property 
assessed. 

124:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 125. 

AN ACT RELATING TO IDENTIFICATION OF PURCHASERS OF REAL ESTATE. 

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

125:1 Mailing Address Required, Amend RSA 477:3 by inserting 
after the word "commissioner" in the fourth line the words, show the 
mailing address of the grantee, so the section as amended shall read as 
follows: 477:3 Execution; Record. Every deed or other conveyance of 
real estate shall be signed and sealed by the party granting the same, at- 
tested by one or more witnesses, acknowledged by the grantor before a 
justice, notary public or commissioner, show the mailing address of the 
grantee, and shall be recorded at length in the registry of deeds in the 
county in which the land lies. 

125:2 Warranty Form Corrected. Amend the form of warranty deed 
in RSA 477:27 by striking out the same and inserting in place thereof 
the following: 



112 Chapter 125 [1965 

(Form for warranty deed) 
, of , County, State of 

, for consideration paid, grant to , of 

Street, Town (City) of , County, State of 

, with warranty covenants, the 
(Description of land or interest being conveyed: 
incumbrances, exceptions, reservations, if any) 

, (wife) (husband) of said grantor, release to said grantee 

all rights of (dower) (curtesy) and homestead and other interests therein. 

Witness hand and seal this day of , 

19 

Witness: 

(Here add acknowledgment) 

125:3 Quitclaim Form Corrected. Amend the form of quitclaim 
deed in RSA 477:28 by striking out the same and inserting in place there- 
of the following: 

(Form for quitclaim deed) 
, of , County, State 

, for consideration paid, grant to 
, of Street, Town (City) of 

, County, State of 

, with quitclaim covenants, the 
(Description of land or interest therein being conveyed: 
incumbrances, exceptions, reservations, if any) 

, (wife) (husband) of said grantor, release to said grantee all 
rights of (dower) (curtesy) and homestead and other interests therein. 

Witness hand and seal this day of , 

19 

Witness: 

(Here add acknowledgment) 

125:4 Mortgage Form Corrected. Amend the form of mortgage deed 
in RSA 477:29 by striking out the same and inserting in place thereof the 
following: 

(Form for mortgage deed, with power of sale) 
of , County, State of 

for consideration paid, grant to of Street, Town 

(City) of , County, State of , 

with mortgage covenants, to secure the payments of dollars, 

with per cent interest payable semiannually and also perform 

all the agreements and conditions as provided in note of even 

date, the 

(Description of land or interest therein being conveyed: 
incumbrances, reservations, exceptions, if any) 

This mortgage is upon the statutory conditions, for any breach of which 
the mortgagee shall have the statutory power of sale. 



1965] Chapter 125 113 

, (wife) (husband) of said mortgagor, release all rights of 
(dower) (curtesy) and homestead and other interests in the mortgaged 
premises. 

Witness hand and seal this day of , 

19 

Witness: 

(Here add acknowledgment) 

125:5 Fiduciary Form Corrected. Amend the form of fiduciary deed 
in RSA 477:30 by striking out the same and inserting in place the follow- 
ing: 

(Form for fiduciary deed) 
of County, State of , executor under 

the "will (administrator of the estate) 

(trustee under the will) (guardian) (conservator) (receiver of the estate) 
(commissioner) of 

of , by the power conferred by and every other power, 

for dollars paid, grant to , of Street, 

Town (City) of , County, State of the 

(Insert description of land or interest therein being conveyed: incum- 
brances, reservations, exceptions) 

Witness hand and seal this day of , 

19 

Witness: 

(Here add acknowledgment) 

125:6 Foreclosure Form Corrected. Amend the first paragraph of 
RSA 477:31 by striking out the same and inserting in place thereof the 
following: 

Where a mortgage is foreclosed under a statutory power of sale, the 
mortgagee may give a deed to the purchaser, whether the purchaser be a 
stranger or the mortgagee, in the following form: 

of , County, State of , 

holder of a mortgage from to dated , 

recorded in Registry of Deeds, Vol. , Page , 

by the power conferred by said mortgage and every other power, for 
dollars paid, grant to of Street, Town 

(City) of , County, State of , 

the premises conveyed by said mortgage. 

Witness hand and seal this day of , 

19 

Witness: 

(Here add acknowledgment) 

125:7 Omission or Error. Amend RSA 477 by inserting after section 
32 the following new section: 477:32-a Error or Omission of Mailing 
Address. Any error in or omission of mailing address of grantee or mort- 



114 Chapter 126 [1965 

gagee in the deed, mortgage or other conveyance, required by any provi- 
sion of this chapter, shall not affect in any way the validity or effectiveness 
of such deed, mortgage or other conveyance of real estate. 

125:8 Effective Date. Tliis act takes effect January 1, 1966. 
[Approved May 28, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 126. 

AN ACT RELATIVE TO AIRPORT MANAGERS. 

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

126:1 Aeronautics Law. Amend RSA 422:22 by adding after the 
"\vord "cliapter" the words, other than unattended private non-commercial 
landing strips, so that the section is amended to read as follows: 422:22 
Ail-port Manager. The operation of any landing area licensed or regis- 
tered under the provisions of this chapter other than unattended private 
non-commercial landing strips shall be under the supervision and control 
of an airport manager and his authorized representatives approved by the 
commission. Said airport manager and his authorized representatives shall 
be deputized as law enforcement officers by appropriate officials in whose 
jurisdiction the landing area is located and shall have and exercise the 
powers and duties of such law enforcement officials in respect to all vio- 
lations of la^v or rules and regulations occurring on or in the immediate 
vicinity of the landing area. The airport manager or his authorized rep- 
resentative shall have full power to close the airport against the take-off 
of any aircraft when in his opinion the proposed flight cannot be con- 
ducted without endangering the life or property of others. Provided, that 
the power granted hereby shall not be used to prevent any flight which 
can be conducted in accordance with the then current federal and state 
regulations governing the operation of aircraft. 

126:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 127. 

AN ACT RELATIVE TO NUMBER OF ELECTION INSPECTORS AT BIENNIAL 

ELECTION. 

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

127:1 Additional Inspectors. Amend RSA 59:30 (supp) as amended 
by 1959, 280:1 and 1961, 232:1, by striking out the section and inserting 



1965] Chapter 127 115 

in its place the following: 59:30 Appointment. Each town and ward 
political committee of the two poHtical parties which cast the largest num- 
ber of votes for governor in the state at the last previous biennial election 
are authorized between October 1 and October 10 of each biennial elec- 
tion year to appoint as additional election officers to act with the clerk, 
moderator and selectmen at each polling place, two inspectors of election. 
Provided that if the number of voters qualified to vote at a polling place 
shall exceed two thousand, said political committees may each appoint 
for such polling place one additional inspector for each fifteen hundred 
qualified voters, or fraction thereof in excess of two thousand. Provided, 
further, the town and ward political committees may each appoint such 
additional inspectors, equally divided between the two political parties, 
as the moderator considers necessary for the efficient conduct of the elec- 
tion. The chairman of said political committees shall, on or before Oc- 
tober 12, notify said appointees and the town or ward clerk and city clerk 
concerned as to appointments made under the foregoing authority. Pro- 
vided that if any such appointments are not made by said political com- 
mittees and proper notification thereof given on or before October 12, in 
a particular town or ward, then the appointments shall be made by the 
selectmen of the town or ward concerned in equal numbers from the two 
political parties. 

127:2 Duties of Inspectors. Amend RSA 59:36 (supp) as amended 
by 1959, 280:6 by striking out the sentence beginning "The other in- 
spectors" and inserting in its place the following sentence, the other 
inspectors shall be assigned such duties in the polling place as the mod- 
erator may determine, including but not limited to the relief of the ballot 
clerks and to assist the illiterate and physically disabled in voting their 
ballots as provided in section 65 of this chapter, so that the section is 
amended to read as follows: 59:36 Duties. Two of the inspectors, one 
from each of the two political parties, shall be designated by the moderator 
at the opening of the polls to act as ballot clerks. They shall have charge 
of the ballots therein and shall furnish them to the voters in the manner 
herein set forth. A duplicate checklist of the qualified voters shall be pre- 
pared for the use of the ballot clerks and all the provisions of law relative 
to the preparation, furnishing and preservation of checklists shall apply 
to such duplicate lists. The other inspectors shall be assigned such duties 
in the polling place as the moderator may determine, including but not 
limited to the relief of the ballot clerks and to assist the illiterate and 
physically disabled in voting their ballots as provided in section 65 of this 
chapter. 

127:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



116 Chapter 128 [1965 

CHAPTER 128. 

AN ACT PERMITTING COOPERATIVE BANKS AND BUILDING AND LOAN 
ASSOCIATIONS TO ENGAGE IN THE SAFE DEPOSIT BUSINESS. 

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

128:1 Building and Loan Associations. Amend RSA 393 by inserting 
after section 45 (supp) as amended by 1955, 51:2 the following new section: 
393:45-a Safe Deposit Business. Any cooperative bank or building and 
loan association may engage in the business commonly known as the safe 
deposit business by installing suitably constructed vaults on its o^\ n prem- 
ises. The installation and operation of these vaults shall have the prior 
approval of the bank commissioner. 

128:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 129. 

AN ACT RELATING TO CONTRIBUTING TO DELINQUENCY OF A JUVENILE. 

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

129:1 Custody. Amend RSA 169:32 as inserted by 1957, 214:1 by 
striking out the words "found to be delinquent" in the second line so the 
section is amended to read: 169:32 Contribution to Delinquency. Any 
parent or guardian or person having custody or control of a child, or any- 
one else, who shall knowingly or wilfully encourage, aid, cause, or abet, 
or connive at, or has knowingly or wilfully done any act to produce, pro- 
mote, or contribute the delinquency of such child, may be punished 
by a fine of not more than five hundred dollars or by imprisonment for 
not more than one year or both. The court may release such person on 
probation, subject to such orders as it may make concerning future con- 
duct tending to produce or contribute to such delinquency, or it may 
suspend sentence, or before trial, with his consent, it may allow him to 
enter into a recognizance, in such penal sum as the court may fix, condi- 
tioned for the promotion of the future welfare of the child, and the said 
case may be placed on file. The fact that a child has been found more 
than once to be delinquent on account of conduct occurring while in the 
custody or control of his parent or parents, guardian, or any other person, 
shall be presumptive evidence that such person is responsible for his last 
adjudged delinquency. 

129:2 More Than One Offense. Amend RSA 169:33 as inserted by 
1957, 214:1 and amended by 1959, 12:1 by striking out the words "to be 



1965] Chapter 130 117 

delinquent by the court" in the first and second lines and inserting in 
place thereof the words "more than once to be delinquent by the court 
as provided in section 32" so the section is amended to read: 169:33 Pro- 
cedure. If any child is found more than once to be delinquent by the 
court as provided in section 32, the court may, upon complaint of the 
county attorney or any other reputable person, or upon its own motion, 
issue a warrant commanding any parent, guardian or person having cus- 
tody or control of the child found to be delinquent to be brought before 
the same court in which the findings of delinquency was made. 

129:3 Finding After Hearing. Amend RSA 169:34 as inserted by 
1957, 214:1 by inserting at the beginning of the section the words; The 
court, upon a complaint issued under section 33 above may proceed un- 
der section 32 of this chapter and in addition thereto, so the section is 
amended to read: 169:34 Court Orders. The court, upon a complaint 
issued under section 33 above may proceed under section 32 of this chapter 
and in addition thereto if the court finds, after a hearing, that the parent, 
guardian or person having custody or control of the child has failed to ex- 
ercise reasonable diligence in the control of such child to prevent him from 
becoming guilty of juvenile delinquency as defined by statute, or from be- 
coming adjudged by the court to be in need of the care and protection 
of the state as defined by the statute, it may make such orders specifying 
future conduct as are designed to reasonably prevent the reoccurrence of 
delinquency and to promote the future welfare of the child. Such order 
shall remain in effect for a period of not more than one year, to be speci- 
fied by the court, and said order may be extended or renewed by the court. 
Before issuing any such order the court shall advise such parent, guardian 
or other person of his right to have the reasonableness thereof immedi- 
ately reviewed and in this connection the superior court is vested with 
jurisdiction to summarily determine the reasonableness of any question 
of law or fact relating to such written specifications and to make such 
further orders upon review thereof as justice may require. 

129:4 Effective Date. This act takes effect sixty days after its passage. 
[Approved May 28, 1965.] 
[Effective date July 27, 1965.] 



CHAPTER 130. 

AN ACT RELATIVE TO CITIZENS JOB PROTECTION. 

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

130:1 New Chapter. Amend RSA by inserting after chapter 275 the 
following new chapter: 



118 Chapter 130 [1965 

Chapter 275-A 

Citizens Job Protection 

275-A: 1 Employment of Certain Persons Prohibited. A person, 
partnership, firm, or corporation, or officer or agent thereof, involved in 
a strike or lock-out, shall not knowingly employ in the place of an em- 
ployee involved in a strike or lock-out, any person Tvho customarily and 
repeatedly offers himself for employment in the place of employees in- 
volved in a labor strike, lock-out, or labor dispute. 

275-A:2 Professional Strikebreakers. A person who customarily and 
repeatedly offers himself for employment in the place of employees in- 
volved in a strike, lock-out, or labor dispute shall not take or offer to take 
the place in employment of employees involved in a strike, lock-out, or 
labor dispute. 

275-A: 3 Persons Unaware of Labor Dispute. An employer shall not 
hire for -^vork in a plant currently involved in a strike, lock-out, or labor 
dispute an employee who, to the employer's knowledge, is unaware of 
the existence of the strike, lock-out, or labor dispute. An employment 
agency shall not refer persons to employment in a plant currently in- 
volved in a strike, lock-out, or labor dispute without adequate notice to 
such persons that there is a strike, lock-out, or labor dispute in the plant 
at which the employment is offered. 

275-A:4 Professional Pickets. A person shall not act as a picket for 
compensation in connection with any strike, lock-out, or labor dispute in 
any trade or industry unless he is normally and customarily employed in 
such trade or industry. 

275-A:5 Penalties. Any person, partnership, agency, firm, or cor- 
poration violating any provision of this act is guilty of an offense, and 
each day's continuance of this infraction is considered a separate offense 
and is subject to a fine of not more than one hundred dollars or imprison- 
ment for not more than six months, or to both such fine and imprison- 
ment. 

130:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved June 2, 1965.] 
[Effective date August 1, 1965.] 



1965] Chapter 131 119 

CHAPTER 131. 

AN ACT RELATIVE TO INSIDER TRADING OF DOMESTIC STOCK INSURANCE 
COMPANY EQUITY SECURITIES. 

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

131:1 New Chapter. Amend RSA by inserting after chapter 402 the 
following new chapter: 

Chapter 402-A 

Insider Trading of Securities 

402-A: 1 Filing Reports. Every person who, on December 31, 1965, 
is directly or indirectly the beneficial owner of more than ten per cent 
of any class of equity security of a domestic stock insurance company, or 
who is a director or an officer of such company, and every person who 
becomes such a beneficial owner, director, or officer after that date shall 
file in the office of the commissioner on or before January 10, 1966, or 
within ten days after he becomes such beneficial owner, director, or officer, 
whichever date is later, a statement in such form as the commissioner may 
prescribe, of the amount of all equity securities of such company of which 
he is the beneficial owner. Within ten days after the close of each calen- 
dar month thereafter, if there has been a change in such ownership dur- 
ing such month, he shall file in the office of the commissioner a statement, 
in such form as the commissioner may prescribe, indicating his ownership 
at the close of the calendar month and such changes in his ownership as 
have occurred during such calendar month. 

402-A: 2 Suit to Recover Profits. For the purpose of preventing the 
unfair use of information which may have been obtained by such bene- 
ficial owner, director, or officer by reason of his relationship to such com- 
pany, any profit realized by him from any purchase and sale, or any sale 
and purchase, of any equity security of such company within any period 
of less than six months, unless such security was acquired in good faith in 
connection with a debt previously contracted, shall inure to and be re- 
coverable by the company, irrespective of any intention on the part of 
such beneficial owner, director, or officer in entering into such transac- 
tion of holding the security purchased or of not repurchasing the security 
sold for a period exceeding six months. Suit to recover such profit may 
be instituted at law or in equity in any court of competent jurisdiction 
by the company, or by the owner of any security of the company in the 
name and in behalf of the company if the company shall fail or refuse 
to bring such suit within sixty days after request or shall fail diligently to 
prosecute the same thereafter. No such suit shall be brought more than 
two years after the date such profit was realized. This section shall not 
be construed to cover any transaction where such beneficial owner was 



120 Chapter 131 [1965 

not such both at the time of the purchase and sale, or the sale and pur- 
chase, of the security involved, or any transaction or transactions which 
the commissioner by rules and regulations may exempt as not compre- 
hended within the purpose of this section. 

402-A:3 Prohibited Sales. It is unlawful for any such beneficial 
OAvner, director, or officer, directly or indirectly, to sell any equity security 
of such company if the person selling the security or his principal (a) does 
not own the security sold, or (b) if owning the security, does not de- 
liver it against such sale within twenty days after the sale, or does not 
within five days after such sale deposit it in the mails or other usual chan- 
nels of transportation. No person shall be deemed to have violated this 
section if he proves that notwithstanding the exercise of good faith he was 
unable to make such delivery or deposit within such time, or that to do so 
Avould cause undue inconvenience or expense. 

402-A:4 Sales by Dealers. The provisions of section 2 of this chapter 
do not apply to any purchase and sale, or sale and purchase, and the pro- 
visions of section 3 of this chapter do not apply to any sale, of an equity 
security of a domestic stock insurance company not then or theretofore 
held by him in an investment account, by a dealer in the ordinary course 
of his business and incident to the establishment or maintenance by him 
of a primary or secondary market (otherwise than on an exchange as de- 
fined in the Securities Exchange Act of 1934) for such security. The com- 
missioner may, by such rules and regulations as he thinks necessary or 
appropriate in the public interest, define and prescribe terms and condi- 
tions with respect to securities held in an investment account and trans- 
actions made in the ordinary course of business and incident to the 
establishment or maintenance of a primary or secondary market. 

402-A:5 Arbitrage Transactions. The provisions of sections 1, 2, 
and 3 of this chapter do not apply to foreign or domestic arbitrage trans- 
actions unless made in contravention of such rules and regulations as the 
commissioner may adopt in order to carry out the purposes of this chapter. 

402-A:6 Equity Security. The term "equity security" when used in 
this chapter means any stock or similar security; or any security convert- 
ible, with or without consideration, into such a security, or carrying any 
warrant or right to subscribe to or purchase such a security; or any such 
warrant or right; or any other security which the commissioner considers 
to be of similar nature and considers necessary or appropriate, by such 
rules and regulations as he may prescribe in the public interest or for the 
protection of investors, to treat as an equity security. 

402-A:7 Exemptions. The provisions of sections 1, 2, and 3 of this 
chapter do not apply to equity securities of a domestic stock insurance 
company if (a) such securities shall be registered, or shall be required to 
be registered, pursuant to section 12 of the Securities Exchange Act of 



1965] Chapter 132 121 

1934, as amended, or if (b) such domestic stock insurance company does 
not have any class of its equity securities held of record by one hundred 
or more persons on the last business day of the year next preceding the 
year in which equity securities of the company would be subject to the 
provisions of sections 1, 2, and 3 of this chapter except for the provisions 
of this subsection (b). 

402-A:8 Regulations on Insider Trading. The commissioner has the 
power to make such reasonable rules and regulations as may be necessary 
for the execution of the functions vested in him by sections 1 through 7 
of this chapter, and may for such purpose classify domestic stock insur- 
ance companies, securities, and other persons or matters within his juris- 
diction. No provision of sections 1, 2 and 3 of this chapter imposing any 
liability applies to any act done or omitted in good faith in conformity 
with any rule or regulation of the commissioner, notwithstanding that 
such rule or regulation may, after such act or omission, be amended or 
rescinded or determined by judicial or other authority to be invalid for 
any reason. 

402-A:9 Regulations on Solicitation of Proxies. The insurance com- 
missioner has the power to make reasonable rules and regulations con- 
cerning the solicitation by mail, or otherwise, of any proxy, consent, or 
authorization in respect of any stock of any domestic stock insurance 
company. 

131:2 Effective Date. This act takes effect sixty days after its passage. 

[Approved June 2, 1965.] 
[Effective date August 1, 1965.] 



CHAPTER 132. 

AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON TOBACCO. 

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

132:1 Tax Increase. Amend RSA 78:7 (supp) as amended by 1955, 
256:1 by striking out the word "fifteen" where it occurs on the second and 
sixteenth lines and inserting in place thereof the word, twenty-one, so 
that said section as amended shall read as follows: 78:7 Tax Imposed. 
A tax upon the retail consumer is hereby imposed at the rate of twenty- 
one per cent upon the value of all tobacco products sold at retail in this 
state measured by the usual selling price. The payment of the tax shall 
be evidenced by affixing stamps to the smallest packages containing the 
tobacco products in which such products usually are sold at retail, but 
the word "package" as used herein shall not include individual cigars, 
cigarettes or plugs or hanks of chewing tobacco, and such stamps shall 



122 Chapter 132 [1965 

be affixed in denominations of not less than one-half cent to an aggre- 
gate value nearest the tax hereby imposed. No tax is imposed on any 
transactions the taxation of which by this state is prohibited by the con- 
stitution of the United States. Each unclassified importer shall within 
t^venty-four hours after receipt of any unstamped tobacco products in this 
state notify the tax commission of the amount and brands of tobacco 
products received and the name and address of the consignor. The tax 
commission, thereupon, shall notify the unclassified importer of the 
amount of the tax due thereon, at the rate of twenty-one per cent of the 
value thereof. Payment of the amount due the state shall be made within 
ten days from the mailing date of the notice thereof. Any unclassified 
importer refusing to pay the tax on tobacco products imported by him 
within ten days after being notified of the amount of said tax by the tax 
commission, shall be subject to a fine of not less than twenty-five dollars 
or more than one hundred dollars. 

132:2 Discount Deduction. Amend RSA 78:9 by striking out the 
word "five" where it occurs in the fifth line and substituting therefor the 
word, four, so that said section as amended shall read as follows : 78:9 
Stamps. The tax commission shall secure stamps, of such design and de- 
nomination as it shall prescribe, suitable to be affixed to packages of to- 
bacco products, as evidence of the payment of the tax imposed by this 
chapter. The commission shall sell such stamps to licensed manufacturers, 
wholesalers and sub-jobbers at a discount of four per cent of their face 
value to encourage manufacturers, wholesalers and sub- jobbers to affix 
such stamps and compensate them for so doing, and to licensed vending 
machine operators and retailers at their face value. The tax commission 
may in its discretion permit a licensed manufacturer, wholesaler, sub- 
jobber, vending machine operator or retailer to pay for such stamps Avith- 
in thirty days after the date of purchase, provided a bond satisfactory to 
the tax commission in an amount not less than the sale price of such 
stamps shall have been filed with the commission, conditioned upon the 
payment of such stamps. The tax commission shall keep accurate records 
of all stamps sold to each manufacturer, wholesaler, sub-jobber, vending 
machine operator and retailer and shall pay over all receipts from the sale 
of such stamps to the state treasurer daily. 

132:3 Temporary Provisions. The director of the division of tobacco 
products is hereby authorized and empowered to require from tobacco 
products tax licensees a report of all tobacco products or tobacco tax in- 
dicia on hand or in stock whenever deemed necessary for the purpose of 
collecting the additional tax imposed (by this act) so far as applicable 
to tobacco products in the possession of licensees at the time this act be- 
comes effective. He may prescribe such reasonable method and manner 
by which such licensees shall pay the additional taxes required in order 
to conform with this law. The provisions of RSA 78:14 are hereby sus- 
pended for such length of time as will enable said licensees to dispose 



1965] Chapter 133 123 

of such tobacco products as they have on hand and in stock on the date 
this law takes effect provided, hoAvever, that the additional tax imposed 
by this act has been paid. Any license may be revoked by the director of 
the division of tobacco products for failure to comply with the provisions 
of this section. 

132:4 Appropriation. In order to insure the payment of the tax up- 
on tobacco products on hand and in the possession of licensees at the 
time this act becomes effective the state tax commission is hereby author- 
ized to employ such temporary help as may be necessary and procure the 
supplies, stamps, and other things necessary for the purpose and the sum 
of three thousand five hundred dollars is hereby appropriated to defray 
the cost thereof. Said appropriation shall not lapse at the end of the fiscal 
year but shall continue and be available so long as there is need therefor. 
The governor is authorized to draw his warrant for said sums out of any 
money in the treasury not otherwise appropriated. 

132:5 Takes Effect. Section 4 of this act shall take effect upon pas- 
sage. Sections 1, 2 and 3 shall take effect as of July 1, 1965. 
[Approved June 2, 1965.] 
[Effective date: 

Sections 1, 2 and 3 effective as of July 1, 1965. 

Section 4 effective June 2, 1965.] 



CHAPTER 133. 

AN ACT RELATIVE TO PLACING A PERSON ON PROBATION. 

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

133:1 Requirement of Prior Report May be Waived. Amend RSA 
504:2 by adding at the end of the first sentence thereof the words, pro- 
vided that a justice of the superior court having jurisdiction may waive 
such investigation and report if he is satisfied they are not necessary, so 
that said section as amended shall read as follows: 504:2 Investigations. 
No defendant shall be placed on probation until the report of the inves- 
tigation by a probation officer shall have been presented to and consid- 
ered by the court having jurisdiction, provided that a justice of the 
superior court having jurisdiction may waive such investigation and re- 
port if he is satisfied they are not necessary. Whenever a petition for the 
appointment of a guardian over a minor under eighteen years of age is 
filed in any court of probate, the judge thereof may cause an investiga- 
tion and report to be made by a probation officer for his consideration. 



124 Chapter 134 [1965 

133:2 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1965.] 
[Effective date August 1, 1965.] 



CHAPTER 134. 

AN ACT RELATIVE TO LEASE OR PURCHASE OF VOTING MACHINES. 

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

134:1 Voting Machines. Amend RSA 59:25 by striking out said 
section and inserting in place thereof the following: 59:25 Adoption. 
The mayor and aldermen of any city, or the selectmen of any to^vn, may 
authorize the use of one or more voting machines in such city or town 
on a trial basis for any regular or special election, and pay the expense of 
such trial from any available funds; and the use of such machine or ma- 
chines so authorized shall be valid for all purposes. Any town, or the 
mayor and aldermen of any city, may vote to lease or purchase voting 
machines for the elections held in said town or city. Any town, or the 
mayor and aldermen of any city, so acting shall notify the secretary of 
state of the action taken in regard to voting machines and after said ac- 
tion voting machines shall be used in said town or city in accordance with 
said vote or authorization. 

134:2 Requirements. Amend RSA 59:26 by striking out said section 
and inserting in place thereof the following: 59:26 Approval by Ballot- 
Law Commission. The ballot-law commission shall act as a board of 
voting machine examiners. Said board shall, whenever requested, examine 
any voting machine or type thereof which may be capable of meeting the 
requirements of a voting machine for elections to be held in this state. 
Said board shall approve such voting machine, in its discretion, and no 
voting machine shall be used in any election in this state except of a type 
so approved by the ballot-law commission. 

134:3 Payment. Amend RSA 59:28 by striking out said section and 
inserting in place thereof the following: 59:28 Lease or Purchase. Any 
town or city authorizing the use of a voting machine shall pay the cost 
of lease or purchase. When such voting machine is so purchased by a to-^vn 
or city the person or persons from whom such machine is purchased shall 
o-ive to the secretary of state a suitable bond with sufficient sureties con- 
ditioned to keep each machine in good working order for two years at 
their own expense. 



1965] Chapter 135 125 

134:4 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 2, 1965.] 
[Effective date August 1, 1965.] 



CHAPTER 135. 

AN ACT RELATIVE TO OPEN SEASON FOR TAKING HARES AND RABBITS. 

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

135:1 Hares and Rabbits. Amend RSA 208:18 by striking out the 
words "March first" and inserting in place thereof the words, March 
fifteenth, so that the section as amended shall read as follows: 208:18 
Taking; Limit. Hares and rabbits may be taken and possessed from Oc- 
tober first to March fifteenth. No person shall take more than three hares 
and five cotton-tail rabbits in one day, and the total number of hares 
and cotton-tail rabbits taken in one day shall not exceed five. No person 
shall take hares and rabbits by the use of a snare. 

135:2 Takes Effect. This act shall take effect as of September 1, 1965. 
[Approved June 11, 1965.] 
[Effective date September 1, 1965.] 



CHAPTER 136. 

AN ACT RELATING TO THE REPORT OF INCOME BY CERTAIN COUNTY OFFICERS. 

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

136:1 Report to Secretary of State. Amend RSA 30:5 (supp), as 
amended by 1959, 252:1 by striking out the entire section and inserting 
in its place the following: 30:5 Report of Income by Certain County and 
Municipal Officers. Every justice of a probate court, register of deeds, 
register of probate, justice and clerk of a municipal or district court, and 
clerk of a superior court on or before April first of each year shall file "^vith 
the secretary of state a statement of his income as such officer for the pre- 
ceding year. Such statement shall show the income and itemized operating 
expenses for each type of work. Every sheriff and deputy sheriff on or be- 
fore April first of each year shall file with the secretary of state a statement 
of his income as such officer for the preceding year. Such statements from 
sheriffs and deputy sheriffs shall show the income from salary, court at- 
tendance, criminal investigation and service of civil process, together with 
itemized operating expenses. All statements hereunder shall be under 



126 Chapter 137 [1965 

oath on forms prepared by the secretary of state and when filed with the 
secretary of state shall be open to the inspection of any interested party. 
The word "justice" as used herein shall not include a special justice of a 
municipal or district court. Any officer who has received income of less 
than one hundred dollars may file a sworn statement to that effect in lieu 
of the itemized statement herein required. 

136:2 Effective Date. This act takes effect ninety days after its pas- 
sage. 

[Approved June 11, 1965.] 
[Effective date September 9, 1965.] 



CHAPTER 137. 

AN ACT RELATING TO ADMINISTRATIVE COMMITTEE OF THE DISTRICT 
AND MUNICIPAL COURTS. 

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

137:1 Committee Enlarged. Amend RSA 502-A:18 (supp) as inserted 
by 1963, 331:1 by striking out the same and inserting in place thereof the 
following: 502-A:18 Administrative Committee. There shall be an ad- 
ministrative committee of the district and municipal courts which shall 
consist of three justices of the district courts and two justices of the mu- 
nicipal courts appointed to serve thereon by the supreme court. The terms 
of the members shall be for such period of time as the supreme court 
shall designate. The committee is authorized to visit any district or mu- 
nicipal court, or any justice, to recommend uniform rules, practices and 
procedures for conducting the business of said courts, in all cases not 
expressly provided by law, to recommend forms of blanks and records, 
to superintend the keeping of records by clerks and justices, and shall 
have general advisory powers in relation to said courts. To promote co- 
ordination in the work of such courts, the committee may from time to 
time call conferences of any of the justices thereof or other officials con- 
nected therewith, and the traveling expenses of such justices or officials 
for attending such conferences shall be paid by the clerk of each court, 
and the necessary expenses of the members of the committee, including 
clerical expenses, incurred in the performance of their duties, shall be 
paid from the state treasury. 

137:2 Court to Establish Rules, Practices, Procedures, Forms and 
Records. Amend RSA 502-A (supp) by inserting after section 19 as in- 
serted by 1963, 331:1 the following new section: 502-A: 19-a Rules, Prac- 
tices, Procedures, Forms and Records. The recommendations of the com- 
mittee, or a majority of its members, as to rules, practices and procedures 
and as to forms of blanks and records, shall be submitted to the supreme 



1965] Chapter 138 127 

court for approval, which may alter and amend them and may from time 
to time make such other rules and forms for regulating the proceedings 
in the district and municipal courts as it considers necessary in order to 
insure regularity and uniformity. When such rules, practices and pro- 
cedures and forms of blanks and records are approved or promulgated 
by the supreme court said rules, practices and procedures and forms of 
blanks and records shall be used in each district and municipal court. 

137:3 Repeal. RSA 502:26-a, relating to administrative committee 
of the municipal courts, and RSA 502:26-b, relating to rules and forms, 
both as inserted by 1959, 289:1, and RSA 502-A:19 (supp), relating to ex- 
penses of administrative committee, as inserted by 1963, 331:1, are hereby 
repealed. 

137:4 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 138. 

AN ACT RELATIVE TO THE SALARY OF SPECIAL JUSTICES OF THE 
HANOVER DISTRICT COURT. 

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

138:1 Special Justices in Hanover District Court. Amend paragraph 
II of RSA 502-A:6 (supp), as inserted by 1963, 331:1, by inserting at the 
end of the first paragraph in said paragraph II the following, provided, 
however, that the salaries of the special justices of the Hanover district 
court may by vote of the local governing body be in excess of 30% of the 
salary of the justice of said district, so that the paragraph as amended shall 
read as follows: H. Special Justices. The annual salaries of special justices 
of the district court shall be as follows: Not less than 10% nor more than 
30% of the salary of the justice in each district as the local governing body 
of the city or town in which the court is located may vote, provided, how- 
ever, that the salaries of the special justices of the Hanover district court 
may by vote of the local governing body be in excess of 30% of the salary 
of the justice of said district. 

The special justices in other cities and towns and the justice of peace 
requested to sit owing to the disqualifications of the justice and special 
justice, shall be paid from the treasury of the city or town wherein said 
court is located, twenty dollars a day for each day or part thereof that he 
shall serve in said capacity. 



128 Chapter 139 [1965 

138:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 139. 

AN ACT RELATIVE TO SUMMARY JUDGMENT. 

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

Court convened: 

139:1 Summary Judgment Mandatory. Amend RSA 491:8-a (supp) 
as inserted by 1955, 46:1 and amended by 1959, 264:1 by striking out in 
lines fifteen and sixteen the words "or such further order made as justice 
may require"; and by inserting in line seventeen after the word "if" the 
words, affidavits are filed but, so that said section as amended shall read 
as follows: 491:8-a Motions for Summary Judgment. In any action 
founded on contract in which the plaintiff seeks to recover a debt or 
liquidated demand, either party may, at any time after the defendant 
has appeared, move for immediate entry of judgment, setting forth with 
particulars his cause of action or his defense. This motion shall be accom- 
panied by affidavits based upon personal knowledge of admissible facts 
as to which it appears affirmatively that the affiants ^vill be competent to 
testify. The facts stated in accompanying affidavits shall be taken to be 
admitted for the purpose of the motion unless within fifteen days con- 
tradictory affidavits based on personal knowledge are filed or the opposing 
party shall file an affidavit showing specifically and clearly reasonable 
grounds for believing that contradictory evidence can be presented at a 
trial but cannot be furnished by affidavits. If such affidavits are not filed 
by the opposing party within said fifteen days, judgment shall be entered 
on the next judgment day in accordance with the facts. Copies of all mo- 
tions and affidavits shall upon filing be furnished opposing counsel. If 
affidavits are filed but it shall appear upon hearing that no genuine issue 
of material fact exists, judgment may be entered accordingly. 

139:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 140. 

AN ACT TO PROVIDE FOR REPLACING LOST HUNTING AND FISHING LICENSES. 

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

140:1 Fish and Game Licenses. Amend RSA 214:9-b as inserted by 
1961, 162:1 by striking out the same and inserting in its place the follow- 



1965] Chapter 141 129 

ing: 214:9-b Lost License, Duplicate. A person who loses or by mistake 
or accident destroys his license, may, upon payment of a fee of one dollar, 
receive a duplicate license if the applicant completes aflidavits setting 
forth the circumstances surrounding its loss or destruction. 

140:2 Effective Date. This act takes effect upon its passage. 
[Approved June 11, 1965.] 
[Eflective date June 11, 1965.] 



CHAPTER 141. 

AN ACT ELIMINATING THE WEIGHT LIMIT ON TAKING BLACK BASS. 

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

141:1 Black Bass. Amend RSA 211 by inserting after section 6-a, 
as inserted by 1957, 14:1 the following new section: 211:(>-b Elimination 
of Weight Limit on Black Bass. Notwithstanding the rules and regula- 
tions promulgated under the provisions of RSA 206 there shall be no 
weight limit on the taking of black bass during the open season therefor. 

141:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 11, 1965.] 
[Effective date June 11, 1965.] 



CHAPTER 142. 

AN ACT INCREASING THE SALARY OF THE COUNTY COMMISSIONERS OE COOS 

COUNTY. 

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

142:1 Coos County Commissioners. Amend RSA 28:28 (supp), as 
amended by 1955, 247:4 and 269:1, 1957, 182:1 and 246:1, 1961, 80:1, 
157:1 and 210:1; 1963, 94:1 and 329:2, by striking out the words "In Coos, 
fifteen hundred dollars" and inserting in place thereof the words. In 
Coos, two thousand dollars, so diat the section is amended to read as fol- 
lows: 28:28 Commissioners. The annual salary of each commissioner of 
the following counties shall be as follows, payable monthly by the county: 

In Rockingham, three thousand dollars. 

In Strafford, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, forty-five hundred dollars. 



130 Chapter 143 [1965 

In Cheshire, two thousand dollars. 
In Sullivan, twelve hundred dollars. 
In Grafton, eighteen hundred dollars. 
In Coos, tivo thousand dollars. 

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

142:2 Takes Effect. This act takes effect July 1, 1965. 
[Approved June 11, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 143. 

AN ACT RELATING TO WILD BEAR. 

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

143:1 Report of Killing Required. Amend RSA 208 by adding a 
new section as follows: 208:23 Report of Bear Killed. Within forty-eight 
hours after any person has killed a wild bear in this state, he shall make 
a report to the director of the fish and game department, or to a conserva- 
tion officer, of this state, indicating the town in which the bear w^as taken, 
the weight, sex, and length of the hind foot. Any person -^vho fails to make 
the report required by this section shall be fined twenty-five dollars. 

143:2 Black Bear. Amend RSA 208:22 as inserted by 1961, 126:1 
and amended by 1963, 311:1 by inserting after the word "arrow^" in the 
eighth line the words, of at least forty pounds pull, and by striking out 
the letters and figures "RSA 470: 1-a" in the twelfth line and inserting in 
place thereof the words and figures, in section 23 of this chapter, so that 
the section is amended to read as follows: 208:22 Wild Black Bear. Wild 
black bear, outside of game preserves, may be taken and possessed from 
one-half hour before sunrise to one-half hour after sunset in all counties 
of the state from September 1 to December 10 inclusive, provided that 
no bear shall be taken at any time on any island or in any waters or lakes 
or ponds. Wild black bear may be taken by the aid and use of dogs from 
September 1 to November 14 inclusive with written permission of the di- 
rector or his agents. Wild black bear may be taken by the aid and use 
of dogs, firearms and by bow and arrow of at least forty pounds pull pro- 
vided that no person shall take bear by the aid or use of a jack or artificial 
light, trap, snare, swivel, pivot or set gun or calibre .22 rimfire firearm 
unless other^vise herein provided. Any person who kills a ^vild bear as 
provided by this section shall report as outlined in section 23 of this chap- 
ter. Landowners, or their agents, shall be permitted to set traps for bear 
doing actual or substantial damage to property. Such trapping shall only 



1965] Chapter 144 131 

be permitted after the director or his agents has been notified of damage 
and has investigated such complaint. The director or his agents may then 
issue a special permit for the use of traps. Said permit shall state the loca- 
tion of traps and the dates when trapping shall be allowed. Any traps set 
as hereinbefore described shall be arranged and set in accordance with 
RSA 210:15. The carcass of a bear legally taken and reported may be 
bought and sold. Live bear may not be offered for sale at any time unless 
by a person permitted so to do by the director. Any person who violates 
any provision of this section shall be fined not more than five hundred 
dollars or imprisoned not more than thirty days, or both. 

143:3 Repeal. RSA 470: 1-a (supp), as inserted by 1955, 234:1, re- 
lating to report of bear killed, is hereby repealed. 

143:4 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 144. 

AN ACT INCREASING THE AMOUNT OF PENSION TOAVNS MAY GRANT TO 
CERTAIN FIREMEN, POLICE OFFICERS, OR CONSTABLES. 

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

144:1 Maximum Allowable to Part-time Men Increased. Amend 
RSA 31:57 by striking out in line nine the words "five hundred dollars" 
and inserting in their place the words, one thousand dollars, so that said 
section as amended shall read as follows: 31:57 To Whom Payable; Maxi- 
mum. Towns may grant pensions to any fireman, police officer, or con- 
stable, who, by reason of permanent disability directly incurred in the 
performance of his official duty, is no longer able to perform services in 
such capacity, or who has served faithfully for not less than twenty-five 
years; provided that no pension shall be granted for more than one year 
at a time. The maximum amount of such pension shall be in the case of a 
permanent man one half of the pay received by him at the time of his 
retirement or disability, and in case of a part-time man, call man, or 
special man, one thousand dollars. 

144:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



132 Chapter 145 [1965 

CHAPTER 145. 

AN ACT RELATIVE TO THE DEFINITION OF GAME BIRDS. 

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

145:1 Fish and Game Definitions. Amend the definition of game 
birds found in RSA 207:1 by inserting after the word "ducks" where it 
occurs in said definition the word, turkeys, so that said definition as 
amended shall read as follows: Game Birds: Ruffed grouse or partridge, 
spruce grouse, commonly called spruce partridge, woodcock, snipe, pheas- 
ant, quail, European partridge, chukar partridge, plover of all kinds, all 
shore birds, rail, coot, gallinule, ducks, turkeys, brant and geese. 

145:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 146. 

AN ACT TO PROHIBIT OBSCENITY. 

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

146:1 New Chapter. Amend RSA by inserting after chapter 571 the 
following new chapter: 

Chapter 571 -A 

Obscene Matter 

571-A:1 Obscene Defined. Material is obscene if, considered as a 
whole, its predominant appeal is to prurient interest, that is, a shameful 
or morbid interest, in nudity, sex or excretion, and if in addition it goes 
substantially beyond customary limits of candor in describing or repre- 
senting such matters. Predominant appeal shall be judged with reference 
to ordinary adults unless it appears from the character of the material or 
the circumstances of its dissemination to be designed for children or other 
specially susceptible audience. Undeveloped photographs, molds, print- 
ing plates, and the like, shall be deemed obscene notwithstanding that 
processing or other acts may be required to make the obscenity patent or 
to disseminate it. 

571-A:2 Offenses. A person commits obscenity when, with knowl- 
edge of the nature of content thereof, he: 



1965] Chapter 146 133 

(a) sells, delivers or provides, or offers or agrees to sell, deliver or 
provide, any obscene "writing, picture, record or other representation or 
embodiment of the obscene; or 

(b) presents or directs an obscene play, dance or performance, or 
participates in that portion thereof which makes it obscene; or 

(c) publishes, exhibits or other^vise makes available any obscene 
material; or 

(d) possesses any obscene material for purposes of sale or other com- 
mercial dissemination; or 

(e) sells, advertises or otherwise commercially disseminates material, 
whether or not obscene, by representing or suggesting that it is obscene. 

571 -A: 3 Justifiable and Non-Commercial Private Dissemination. It 

is an affirmative defense to prosecute under this chapter that dissemina- 
tion was restricted to: 

(a) institutions or persons having scientific, educational, govern- 
mental or other similar justification for possessing obscene material; or 

(b) non-commercial dissemination to personal associates of the actor. 

571-A:4 Evidence; Adjudication of Obscenity. In any prosecution 
under this chapter evidence shall be admissible to show: 

(a) The character of the audience for which the material was de- 
signed or to which it was directed; 

(b) what the predominant appeal of the material would be for ordi- 
nary adults or any special audience to which it was directed, and what 
effect, if any, it would probably have on conduct of such people; 

(c) artistic, literary, scientific, educational or other merits of the 
material; 

(d) the degree of public acceptance of the material in the United 
States; 

(e) appeal to prurient interest, or absence thereof, in advertising or 
other promotion of the material; and 

(f) the good repute of the author, creator, publisher or other person 
from whom the material originated. 

(g) expert testimony and testimony of the author, creator, publisher 
or other person from whom the material originated, relating to factors 
entering into the determination of the issue of obscenity. 

571-A:5 Penalty. A person convicted of obscenity shall be fined not 
exceeding five hundred dollars or imprisoned not exceeding one year, or 
both. 

146:2 Repeal. Sections 14 through 19 of RSA 571, relating to ob- 
scene literature, are hereby repealed. 

146:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



134 Chapter 147 [1965 

CHAPTER 147. 

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

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

147:1 Boscawen-Canterbury Bridge. Amend 1959, 288:5, as amended 
by 1961, 86:1 by striking out the section and inserting in its place the fol- 
lo^ving: 288:5 Boscawen-Canterbury Bridge. The towns of Boscawen 
and Canterbury have made application for state bridge aid on a certain 
bridge over the Merrimack River, which application is pending, the ap- 
plication by the towns of Boscawen and Canterbury shall be sufficient 
to authorize the posting at the ends of said bridge in accordance with the 
provisions of RSA 251:16, as hereinbefore amended, as provided for in 
cases of application for town bridge aid, and the commissioner of public 
works and highways is authorized to proceed under said application in 
accordance with the applicable provisions of law. The provisions of this 
section shall be effective until such time as the bridge is replaced. 

147:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 11, 1965.] 
[Effective date June 11, 1965.] 



CHAPTER 148. 

AN ACT RELATIVE TO THE THROWING, DEPOSITING AND DUMPING OF REFUSE 

ON PRIVATE LAND. 

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

148:1 Highway Regulation and Protection. Amend RSA 249 by 
inserting after section 27-a as inserted by 1959, 306:5, the following new 
section: 249:27-b Refuse on Private Land. If any person other than the 
owner or his agent shall put or place without permission, or cause to be 
put or placed without permission, in or upon any private property, any 
bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old auto- 
mobiles or parts thereof or refuse of any nature whatsoever or any other 
noxious material, he shall be fined not more than one hundred dollars. 

148:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



1965] Chapter 149 135 

CHAPTER 149. 

AN ACT RELATIVE TO SEWAGE DISPOSAL SYSTEMS ON ISLANDS. 

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

149:1 New Chapter. Amend RSA by inserting after chapter 149-B 
as inserted by 1959, 267:1 the following new chapter: 

Chapter 149-C 

Sewage Disposal Systems on Islands 

149-C: 1 Declaration of Purpose. The purpose of this act is to pre- 
vent pollution in the public waters of the state as defined in RSA 271 by 
inadequate sewage disposal systems on islands. 

149-C:2 Definition. As used in this act, unless the context indicates 
otherwise: 

I. "Island" means any land which is, or in the absence of an artificial 
causeway or bridge, would be totally surrounded by fresh water. 

149-C:3 Submission and Approval of Plans. I. Any person propos- 
ing to construct a sewage disposal system on any island within the public 
waters of the state, shall submit plans and specifications for such system 
for approval in accordance Avith the zoning ordinances of the affected 
municipality; provided, however, that in the absence of a zoning ordi- 
ance or where the zoning ordinance is not applicable to sewage disposal 
systems, such plans and specifications shall be submitted to the water pol- 
lution commission for approval, at least thirty days in advance of such 
construction. 

II. No person shall construct a sewage disposal system on an island 
within the public waters of the state, without written prior approval of 
the plans and specifications by the agency of paragraph I of this section 
having cognizance. 

III. Plans and specifications shall be in such detail as the approving 
agency shall require. 

149-C:4 Marshes. No person shall fill a marsh bordering on or adja- 
cent to a great pond of the state for the purpose of erecting a building or 
buildings on such fill without submitting to and receiving written ap- 
proval of the agency which has authority over sewage disposal systems on 
islands as specified in section 3 of this chapter. 

149-C:5 Duties of Water Pollution Commission. It shall be the duty 
of the water pollution commission and it shall have the power and au- 
thority: 



136 Chapter 150 [1965 

I. To exercise general supervision over the administration and en- 
forcement of this chapter. 

II. To employ with approval of governor and council such assistance 
as may be necessary. 

149-C:6 Enforcement. Whenever it is found that construction of a 
sewage treatment system is being or has been constructed on an island, 
within the public Avaters of the state after the effective date without prior 
approval by the water pollution commission, when it is the approving 
agency, the commission shall issue an order to cease and desist such con- 
struction or use. 

149-C:7 Penalties. Any person who shall violate any of the provisions 
of this chapter or who shall fail, neglect, or refuse to obey any order of 
the water pollution commission issued under authority of this chapter 
shall be fined not more than five hundred dollars for each day of such 
violation, failure, nesrlect or refusal. 

149:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 11, 1965.] 
[Effective date June 11, 1965.] 



CHAPTER 150. 

AN ACT TO ALLOW SCHOOL BUILDING AID USE OF EXISTING BUILDINGS IN 

AREA SCHOOLS AND FOR ACQUISITION OF SITES IN ANTICIPATION 

OF BUILDING SCHOOLS. 

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

150:1 School Building Aid. Amend RSA 198 by inserting after sec- 
tion 15-g as inserted by 1957, 301:3 the following new section: 198:15-h 
Use of Existing Buildings. The building aid provided in section 15-b of 
this chapter for a receiving district operating an area school as defined in 
RSA 195-A:1, or some proportionate part of that building aid, may be 
made available to assist in defraying the cost of construction of a new 
school building or an addition to existing buildings of the receiving dis- 
trict which is not to be used as an area school, but which is to be con- 
structed so that the receiving district may make available as an area school 
building the full or partial capacity of an existing school building. The 
state board of education may extend the building aid in the circumstances 
set forth in this section when it finds that (a) such arrangement will result 
in savings in overall building cost to the state, and that (b) the existing 
building thus made available by the receiving district as an area school 
is satisfactory for the purpose. In all other respects the provisions of sec- 
tion 15-b of this chapter apply to the alternate building aid, as if the new 



1965] Chapter 150 137 

building were an area school for the number of sending districts in the 
area plan. 

150:2 School Building Site Aid. Amend RSA 198:15-b as inserted 
by 1955, 335:9 and amended by 1957, 301:1 and 1963, 277:3 by inserting 
after the words "construction of the school building" in the sentence be- 
ginning "For the purpose of computing grants" the words, and the amount 
actually spent for the purchase of a site in anticipation of the construction 
of the school building, so that the section is amended to read as follows: 
198:15-b Amount of Annual Grant. The amount of the annual grant 
to any school district duly organized, any city maintaining a school de- 
partment within its corporate organization, any cooperative school district 
as defined in RSA 195:1, or any receiving district operating an area school 
as defined in RSA 195-A:1, shall be a sum equal to thirty per cent of the 
amount of the annual payment of principal on all outstanding borrow- 
ings of the school district, city, cooperative school district or receiving 
district, heretofore or hereafter incurred, including loans made by the 
New Hampshire school building authority, for the cost of construction 
of school buildings, to the extent approved by the state board of educa- 
tion, provided that the amount of the annual grant in the case of a co- 
operative school district, or a receiving district operating an area school, 
shall be forty per cent plus five per cent for each pre-existing district in 
excess of two and each sending district in excess of one, and provided 
further that no cooperative school district, or receiving district operating 
an area school, shall receive an annual grant in excess of fifty-five per 
cent. The state board of education may withhold approval of grants here- 
under from any district, whenever, in their opinion, the number of 
students is so small that other arrangements could provide better and 
more economical educational facilities. For the purposes of computing 
grants hereunder the amount of the annual payment of principal shall 
be increased by an amount equal to the amount of capital reserve and/or 
amount raised by taxation which was actually expended in the construc- 
tion of the school building, and the amount actually spent for the pur- 
chase of a site in anticipation of the construction of the school building, 
divided by the number of years for which bonds or notes were issued 
to provide funds for such school building. For the purposes of this sub- 
division construction shall include the acquisition and development of 
the site, construction of a new building and/or additions to existing 
buildings including alterations providing additional pupil capacity, archi- 
tectural and engineerng fees, purchase of equipment and any other costs 
necessary for the completion of the building as approved by the state 
board of education. 

150:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



138 Chapter 151 [1965 

CHAPTER 151. 

AN ACT RELATIVE TO CLASS III RECREATIONAL ROADS. 

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

151:1 Roads in Dunbarton, Weare, Hopkinton, Raymond and Not- 
tingham. Amend RSA 231:6 as amended by 1957, 99:1, 162:1, 193:1 and 
1961, 223:3 by inserting after the words "towns of Whitefield and Dalton" 
at the end of the sentence beginning "The department of public works 
and highways shall assume" the words, and state parks in the Hopkinton- 
Everett reservoir area in the towns of Dunbarton, Weare, and Hopkinton; 
and the road from Route 156 to the entrance to Pawtuckaway State Park 
at Pawtuckaway Lake in the towns of Raymond and Nottingham, which 
is to be constructed with other than highway funds, so that the section is 
amended to read as follows: 231:6 Class III Recreational Roads. The 
department of public works and highways shall assume full control of 
reconstruction and maintenance of roads designated by the department 
of resources and economic development and high^vay commissioner with- 
in the following state reservations and rights of way thereto, and such 
roads shall be known as recreational roads; Belknap State Reservation 
in the town of Gilford; the road from Route 114 at North Sutton village 
to and through Wadleigh State Park to the western boundary of said 
park on the lake front highway; Cathedral Ledge State Reservation in the 
towns of Con^vay and Bartlett; the Arethusa Falls road in the town of 
Hart's Location; Pillsbury State Reservation in the town of Washington; 
White Lake State Park in the town of Tamworth; Pawtuckaway State 
Reservation in the towns of Nottingham and Deerfield; Milan Hill State 
Park in the town of Milan; Cardigan State Reservation in the town of 
Orange; Kearsarge State Reservation in the town of Wilmot; Mt. Sunapee 
State Park in the town of Newbury; Rhododendron State Reservation in 
the town of Fitzwilliam; Bear Brook State Reservation in the towns of 
Deerfield, Hooksett, Allenstown and Candia; and the road formerly 
known as the Kearsarge Mountain Toll road in the town of Warner; ex- 
tending from the Top of Tory Hill, so called, to its terminus near the 
summit of Kearsarge Mountain; and Monadnock State Forest Reservation 
in the town of Jaffrey, and the road to the beach development at Mt. 
Sunapee State Park in the town of Newbury; and the road from Route 
116, so called, to Forest Lake State Park in the towns of Whitefield and 
Dalton; and state parks in the Hopkinton-Everett reservoir area in the 
towns of Dunbarton, Weare and Hopkinton; and the road from Route 
156 to the entrance of Pawtuckaway State Park at Pawtuckaway Lake in 
the towns of Raymond and Nottingham which is to be constructed ^vith 
other than highway funds. The cost of reconstruction and maintenance 
shall be a charge upon the highway funds. This section shall not be con- 
strued as affecting the control of the department of resources and eco- 



1965] Chapter 152 139 

nomic development over parking areas or other facilities within said 
reservations. 

151:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 152. 

AN ACT RELATING TO REFUNDS ON TAX ABATEMENTS. 

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

152:1 Interest to be Awarded. Amend RSA 76 by inserting after 
section 17 (supp) as amended by 1955, 162:2 the following new section: 
76:17-a Interest. Whenever, after taxes have been paid, the selectmen, 
the tax commission or the superior court, as the case may be, grant an 
abatement of taxes, they shall award interest on the amount of taxes 
abated at the rate of six per cent per annum from the date the taxes were 
paid to the date of refund. 

152:2 Application. The provisions of this act shall apply only to 
taxes assessed as of April 1, 1965 and thereafter. 

152:3 Effective Date. This act takes effect on passage. 
[Approved June 11, 1965.] 
[Effective date June 11, 1965.] 



CHAPTER 153. 

AN ACT TO INCREASE TRANSFER FEES ON AUTOMOBILES. 

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

153:1 Registration of Motor Vehicles. Amend RSA 260:25 (supp), 
as amended by 1957, 24:1 and 1959, 150:2, by striking out the words 
"fifty cents" and inserting in their place the words, two dollars, so that 
the section is amended to read as follows: 260:25 Transfer Credits. Upon 
transfer of ownership of a motor vehicle the permit shall expire; pro- 
vided, however, that any owner who has paid a permit fee for registration 
of a motor vehicle the ownership of ^vhich is transferred or of one which 
is subsequently totally lost by fire, theft, or accident, during the same 
fiscal year, shall be entitled, upon the payment of two dollars, to a credit 
to the amount of any such permit fee toward other permit fees which 
may be required of him in the same fiscal year. From November first to 



140 Chapter 154 [1965 

March thirty-first such credits shall not exceed one-half of the amount of 
the original fee. 

153:2 Municipal Permits for Registrations. Amend RSA 260:27 
(supp), as amended by 1963, 184:2, by inserting after the sentence be- 
ginning "The treasurer of each city" the sentence, In no event, however, 
shall the fee be less than two dollars, so that the section is amended to 
read as follo^vs: 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 registration a sum equal to seventeen mills on each dollar of 
the maker's list price for a motor vehicle manufactured in the current 
calendar year, twelve mills on each dollar of the maker's list price for a 
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. In no event, however, shall the fee be 
less than f^vo dollars. The commissioner of motor vehicle 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 commercial ve- 
hicle 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. 

153:3 Effective Date. This act takes effect January 1, 1966. 
[Approved June 11, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 154. 

AN ACT TO DISREGARD CERTAIN EARNED INCOME IN OLD AGE ASSISTANCE. 

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

154:1 Public Assistance to Aged. Amend RSA 167:4, as amended by 
1961, 50:1, by adding at tlie end tliereof the following new paragraph: 

VIII. In the determination of sufficiency of income in the adminis- 
tration of old age assistance ten dollars of the first fifty dollars per month 
of earned income, plus one-half of the remainder shall be disregarded. 



1965] Chapter 155 141 

154:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 11, 1965.] 
[Effective date August 10, 1965.] 



CHAPTER 155. 

AN ACT RELATIVE TO UNIT OWNERSHIP OF REAL PROPERTY. 

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

155:1 Creation of Unit Ownership of Real Property. Amend RSA 
by inserting after chapter 479 the following new chapter: 

Chapter 479-A 

Unit Ownership of Real Property 

479-A: 1 Definitions. As used in this chapter, unless the context 
otherwise requires: 

I. "Unit" means a part of the property intended for any type of in- 
dependent use, including one or more rooms or enclosed spaces located 
on one or more floors (or part or parts thereof) in a building, and with a 
direct exit to a public street or highway or to a common area leading to 
such street or highway. 

II. "Unit owner" means the person or persons owning a unit in fee 
simple absolute and an undivided interest in the fee simple estate of the 
common areas and facilities in the percentage specified and established 
in the declaration. 

III. "Unit number" means the number, letter, or combination 
thereof, designating the apartment in the declaration. 

IV. "Association of unit owners" means all of the unit owners acting 
as a group in accordance with the by-law^s and declaration. 

V. "Building" means a building or group of buildings having a total 
of five or more units, and comprising a part of the property. 

VI. "Common areas and facilities," unless otherwise provided in the 
declaration or lawful amendments thereto, means and includes: the land 
on which the building is located; the foundations, columns, girders, beams, 
supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire 
escapes, and entrances and exits of the building; the basements, yards, 
gardens, parking areas and storage spaces; the premises for the lodging 
of janitors or persons in charge of the property; installations of central 
services such as power, light, gas, hot and cold water, heating, refrigera- 
tion, air conditioning and incinerating; the elevators, tanks, pumps. 



142 Chapter 155 [1965 

motors, fans, compressors, ducts and in general all apparatus and installa- 
tions existing for common use; such community and commercial facilities 
as may be provided for in the declaration; and all other parts of the prop- 
erty necessary or convenient to its existence, maintenance and safety, or 
normally in common use. 

VII. "Common expenses" means and include: all sums lawfully 
assessed against the unit owners by the association of unit owners; ex- 
penses of administration, maintenance, repair or replacement of the com- 
mon areas and facilities; expenses agreed upon as common expenses by 
the association of unit owners; expenses declared common expenses by 
provisions of this chapter, or by the declaration or the by-laws. 

VIII. "Common profits" means the balance of all income, rents, 
profits and revenues from the common areas and facilities remaining after 
the deduction of the common expenses. 

IX. "Declaration" means the instrument by which the property is 
submitted to the provisions of this chapter, as hereinafter provided, and 
such declaration as from time to time may be lawfully amended. 

X. "Limited common areas and facilities" means and include those 
common areas and facilities designated in the declaration as reserved for 
use of certain unit or units to the exclusion of the other units. 

XL "Majority" or "Majority of unit owners" means the unit o^vners 
with fifty-one percent or more of the votes in accordance with the per- 
centages assigned in the declaration to the units for voting purposes. 

XII. "Person" means individual, corporation, partnership, associa- 
tion, trustee or other legal entity. 

XIII. "Property" means and includes the land, the building, all im- 
provements and structures thereon, all o^vned in fee simple absolute and 
all easements, rights and appurtenances belonging thereto, and all articles 
of personal property intended for use in connection therewith, which have 
been or are intended to be submitted to the provisions of this chapter. 

479-A:2 Application of Chapter. This chapter shall be applicable 
only to property, the sole owner or all of the owners of which submit the 
same to the provisions hereof by duly executing and recording a declara- 
tion as hereinafter provided. 

479-A:3 Status of the Units. Each unit, together with its undivided 
interest in the common areas and facilities, shall for all purposes constitute 
real property. 

479-A:4 Ownership of Units. Each unit owner shall be entitled to 
the exclusive ownership and possession of his unit. 

479-A:5 Common Areas and Facilities. Each unit owner shall be 
entitled to an undivided interest in the common areas and facilities in 



1965] Chapter 155 143 

the percentage expressed in the declaration. Such percentage shall be com- 
puted by taking as a basis the value of the unit in relation to the value of 
the property. The percentage of the undivided interest of each unit owner 
in the common areas and facilities as expressed in the declaration shall 
have a permanent character and shall not be altered without the consent 
of all of the unit owners expressed in an amended declaration duly re- 
corded. The percentage of the undivided interest in the common areas 
and facilities shall not be separated from the unit to which it appertains 
and shall be deemed to be conveyed or encumbered with the unit even 
though such interest is not expressly mentioned or described in the con- 
veyance or other instrument. The common areas and facilities shall re- 
main undivided and no unit owner or any other person shall bring any 
action for partition or division of any part thereof, unless the property 
has been removed from the provisions of this chapter as provided in sec- 
tions 15 and 25 thereof. Any covenant to the contrary shall be null and 
void. Each unit owner may use the common areas and facilities in ac- 
cordance Avith the purpose for which they were intended without hinder- 
ing or encroaching upon the lawful rights of the other unit owners. The 
necessary work of maintenance, repair and replacement of the common 
areas and facilities and the making of any additions or improvements 
thereto shall be carried out only as provided herein and in the by-laws. 
The association of unit owners shall have the irrevocable right, to be 
exercised by the manager or board of directors, to have access to each unit 
from time to time during reasonable hours as may be necessary for the 
maintenance, repair or replacement of any of the common areas and fa- 
cilities therein or accessible therefrom, or for making emergency repairs 
therein necessary to prevent damage to the common areas and facilities or 
to another unit or units. 

479-A:6 Compliance with Covenants, By-laws and Administrative 
Provisions. Each unit owner shall comply strictly ^vith the by-laws and 
with the administrative rules and regulations adopted pursuant thereto, 
as either of the same may be lawfully amended from time to time, and 
with the covenants, conditions and restrictions set forth in the declara- 
tion or in the deed to his unit. Failure to comply with any of the same 
shall be ground for an action to recover sums due, for damages or in- 
junctive relief or both maintainable by the manager or board of directors 
on behalf of the association of unit owners or, in a proper case, by an 
aggrieved unit owner. 

479-A:7 Certain Work Prohibited. No unit o^vner shall do any 
work which would jeopardize the soundness or safety of the property, re- 
duce the value thereof or impair any easement or hereditament a\ ithout 
in every such case the unanimous consent of all the other unit owners 
being first obtained. 

479-A:8 Liens Against Units; Removal from Lien; Effect of Part 
Payment. Subsequent to recording the declaration as provided in this 



144 Chapter 155 [1965 

chapter, and Avhile the property remains subject to this chapter, no lien 
shall thereafter arise or be effective against the property. During such 
period liens or encumbrances shall arise or be created only against each 
unit and the percentage of undivided interest in the common areas and 
facilities, appurtenant to svich unit, in the same manner and under the 
same conditions in every respect as liens or encumbrances may arise or 
be created upon or against any other separate parcel of real property 
subject to individual ownership; provided that no labor performed or 
materials fmnished with the consent or at the request of a unit owner 
or his aoent or his contractor or subcontractor, shall be the basis for the 
filing of a lien pursuant to the lien law against the unit or any other prop- 
erty of any other unit owner not expressly consenting to or requesting 
the same, except that such express consent shall be deemed to be given 
by the owner of any unit in the case of emergency repairs thereto. Labor 
performed or materials furnished for the common areas and facilities, if 
duly authorized by the association of unit owners, the manager or board 
of directors in accordance Tvith this chapter, the declaration or by-laws, 
shall be deemed to be performed or furnished with the express consent 
of each unit owner and shall be the basis for the filing of a lien pursuant 
to the lien law against each of the units and shall be subject to the provi- 
sions of this section. In the event a lien against two or more units be- 
comes effective, the unit owners of the separate units may remove their 
unit and the percentage of undivided interest in the common areas and 
facilities appurtenant to such unit from the lien by payment of the frac- 
tional or proportional amounts attributable to each of the units affected. 
Such individual payment shall be computed by reference to the percent- 
ages appearing on the declaration. Subsequent to any such payment, dis- 
charge or other satisfaction the unit and the percentage of undivided 
interest in the common areas and facilities appurtenant thereto shall 
thereafter be free and clear of the lien so paid, satisfied or discharged. 
Such partial payment, satisfaction or discharge shall not prevent the lienor 
from proceeding to enforce his rights against any unit and the percentage 
of undivided interest in the common areas and facilities appurtenant 
thereto not so paid, satisfied or discharged. 

479-A:9 Common Profits and Expenses. The common profits of the 
property shall be distributed among, and the common expenses shall be 
charged to, the unit owners according to the percentage of the undivided 
interest in the common areas and facilities. 

479-A:10 Contents of Declaration. The declaration shall contain the 
following particulars: 

I. Description of the land on which the building and improvements 
are or are to be located. 

II. Description of the building, stating the number of stories and 
basements, the number of units and the principal materials of ^vhich it is 
or is to be constructed. 



1965] Chapter 155 145 

III. The unit number of each unit, and a statement of its location, 
approximate area, number of rooms, and immediate common area to 
which it has access, and any other data necessary for its proper identifica- 
tion. 

IV. Description of the common areas and facilities. 

V. Description of the limited common areas and facilities, if any, 
statino- to which units their use is reserved. 

VI. Value of the property and of each unit, and the percentage of 
undivided interest in the common areas and facilities appertaining to each 
unit and its owner for all purposes, including voting. 

VII. Statement of the purposes for which the building and each of 
the units are intended and restricted as to use. 

VIII. The name of a person to receive service of process in the cases 
hereinafter provided, together with the residence or place of business of 
such person which shall be within the county in which the building is 
located. 

IX. Provision as to the percentage of votes by the unit owners which 
shall be determinative of whether to rebuild, repair, restore, or sell the 
property in the event of damage or destruction of all or part of the prop- 
erty. 

X. Any further details in connection with the property which the 
person executing the declaration may deem desirable to set forth con- 
sistent -with the provisions of this chapter. 

479-A:ll Contents of Deeds of Units. Deeds of units shall include 
the following particulars: 

I. Description of the land as provided in section 10 of this chapter, 
or the post office address of the property, including in either case the vol- 
ume, page and date of recording of the declaration. 

II. The unit number of the unit in the declaration and any other 
data necessary for its proper identification. 

III. Statement of the use for ^vhich the unit is intended and restric- 
tions on its use. 

IV. The percentage of undivided interest appertaining to the unit 
in the common areas and facilities. 

V. Any further details which the grantor and grantee may deem 
desirable to set forth consistent with the declaration and this chapter. 

479-A:12 Copy of the Floor Plans to Be Filed. Simultaneously with 
the recording of the declaration there shall be filed in the office of the 
recording officer a set of the floor plans of the building showing the lay- 
out, location, unit numbers and dimensions of the units, statins; the name 
of the building or that it has no name, and bearing the verified statement 
of a registered architect or licensed professional engineer certifying that 
it is an accurate copy of portions of the plans of the building as filed with 



146 Chapter 155 [1965 

and appro^■ed by the municipal or other governmental subdivision having 
jurisdiction over the issuance of permits for the construction of build- 
ings, if any. If such plans do not include a verified statement by such 
architect or engineer that such plans fully and accurately depict the lay- 
out, location, unit numbers and dimensions of the units as built, there 
shall be recorded prior to the first conveyance of any unit an amendment 
to the declaration to -^vhich shall be attached a verified statement of a 
registered architect or licensed professional engineer certifying that the 
plans theretofore filed, or being filed simultaneously with such amend- 
ment, fully and accurately depict the layout, location, unit numbers and 
dimensions of the units as built. Such plans shall be kept by the record- 
ing officer, indexed in the same manner as a conveyance entitled to record, 
each designated "unit ownership," with the name of the building, if any, 
and each containing a reference to the volume, page and date of record- 
ing of the declaration. Correspondingly, the record of the declaration shall 
contain a cross reference to the floor plans of the building effected thereby. 

479-A:13 Blanket Mortgages and Other Blanket Liens Affecting a 
Unit at Time of First Conveyance. At the time of the first conveyance of 
each unit, every mortgage and other lien affecting such unit, including 
the percentage of undivided interest of the unit in the common areas and 
facilities, shall be paid and satisfied of record, or the unit being conveyed 
and its percentage of undivided interest in the common areas and facili- 
ties shall be released therefrom by partial release duly recorded. 

479-A:14 Recording. The declaration, any amendment or amend- 
ments thereof, any instrument by which the provisions of this chapter 
may be waived, and every instrument affecting the property or any unit 
shall be entitled to be recorded. Neither the declaration nor any amend- 
ment thereof shall be valid unless duly recorded. In addition to the rec- 
ords and indexes required to be maintained by the recording officer, the 
recording officer shall maintain an index or indexes whereby the record 
of each declaration contains a reference to the record of each conveyance 
of a unit affected by such declaration, and the record of each conveyance 
of a unit contains a reference to the declaration of the building of which 
such unit is a part. 

479-A:15 Removal From Provisions of This Chapter. All of the 
unit owners may remove a property from the provisions of this chapter 
by an instrument to that effect, duly recorded, provided that the holders 
of all liens affecting any of the units consent thereto or agree, in either 
case by instruments duly recorded, that their liens be transferred to the 
percentage of the undivided interest of the unit owner in the property 
as herein provided. Upon removal of the property from the provisions 
of this chapter, the property shall be deemed to be owned in common 
by the unit owners. The undivided interest in the property owned in 
common which shall appertain to each unit owner shall be the percentage 



1965] Chapter 155 147 

of undivided interest previously owned by such owner in the common 
areas and facilities. 

479-A:16 Removal No Bar to Subsequent Resubmission. The re- 
moval provided for in the preceding section shall in no way bar the sub- 
sequent resubmission of the property to the provisions of this chapter. 

479-A:17 By-laws. The administration of every property shall be 
governed by by-laws, a true copy of which shall be annexed to the declara- 
tion and made a part thereof. No modification of or amendment to the 
by-laws shall be valid unless set forth in an amendment to the declaration 
and such amendment is duly recorded. 

479-A:18 Contents of By-laws. The by-laws may provide for the fol- 
lowing: 

I. The election from among the unit owners of a board of directors, 
the number of persons constituting the same, and that the terms of at 
least one-third of the directors shall expire annually; the powers and 
duties of the board; the compensation, if any, of the directors; the method 
of removal from office of directors; and whether or not the board may 
engage the services of a manager or managing agent. 

II. Method of calling meetings of the unit owners; what percentage, 
if other than a majority of unit owners shall constitute a quorum. 

III. Election of a president from among the board of directors who 
shall preside over the meetings of the board of directors and of the asso- 
ciation of unit owners. 

IV. Election of a secretary who shall keep the minute book wherein 
resolutions shall be recorded. 

V. Election of a treasurer who shall keep the financial records and 
books of account. 

VI. Maintenance, repair and replacement of the common areas and 
facilities and payments therefor, including the method of approving pay- 
ment vouchers. 

VII. Manner of collecting from the unit owners their share of the 
common expenses. 

VIII. Designation and removal of personnel necessary for the main- 
tenance, repair and replacement of the common areas and facilities. 

IX. Method of adopting and of amending administrative rules and 
regulations governing the details of the operation and use of the common 
areas and facilities. 

X. Such restrictions on and requirements respecting the use and 
maintenance of the units and the use of the common areas and facilities, 
not set forth in the declaration, as are designed to prevent unreasonable 
interference with the use of their respective units and of the common 
areas and facilities by the several unit owners. 



148 Chapter 155 [1965 

XL The percentage of votes required to amend the by-laws. 
XII. Other provisions as may be deemed necessary for the adminis- 
tration of the property consistent with this chapter. 

479-A:19 Books of Receipts and Expenditures; Availability for Ex- 
amination. The manager or board of directors, as the case may be, shall 
keep detailed, accurate records in chronological order, of the receipts and 
expenditures affecting the common areas and facilities, specifying and 
itemizing the maintenance and repair expenses of the common areas and 
facilities and any other expenses incurred. Such records and the vouchers 
authorizing the payments shall be available for examination by the unit 
OAvners at convenient hours of week days. 

479-A:20 Waiver of Use of Common Areas and Facilities; Abandon- 
ment of Unit, No unit owner may exempt himself from liability for his 
contribution towards the common expenses by waiver of the use or en- 
joyment of any of the common areas and facilities or by abandonment of 
his unit. 

479-A:21 Separate Taxation. Each unit and its percentage of un- 
divided interest in the common areas and facilities shall be deemed to be 
a parcel and shall be subject to separate assessment and taxation by each 
assessing unit and special district for all types of taxes authorized by law 
including but not limited to special ad valorem levies and special assess- 
ments. Neither the building, the property nor any of the common areas 
and facilities shall be deemed to be a parcel. 

479-A:22 Priority of Lien. All sums assessed by the association of 
unit owners but unpaid for the share of the common expenses charge- 
able to any unit shall constitute a lien on such unit prior to all other liens 
except only (1) tax liens on the unit in favor of any assessing unit and 
special district, and (2) all sums unpaid on a first mortgage of record. Such 
lien may be foreclosed by the manager or board of directors, acting on 
behalf of the unit owners, in like manner as a mortgage of real property. 
In any such foreclosure the unit owner shall be required to pay a reason- 
able rental for the unit, if so provided in the by-laws, and the plaintiff 
in such foreclosure shall be entitled to the appointment of a receiver to 
collect the same. The manager or board of directors, acting on behalf of 
the unit owners, shall have power, unless prohibited by the declaration, 
to bid in the unit at foreclosure sale, and to acquire and hold, lease, mort- 
gage and convey the same. Suit to recover a money judgment for unpaid 
common expenses shall be maintainable without foreclosing or "\vaiving 
the lien securing the same. Where the mortgagee of a first mortgage of 
record or other purchaser of a unit obtains title to the unit as a result of 
foreclosure of the first mortgage, such acquirer of title, his successors and 
assigns, shall not be liable for the share of the common expenses or as- 
sessments by the association of unit owners chargeable to such unit Avhich 



1965] Chapter 155 149 

became due prior to the acquisition of title to such unit by such acquirer. 
Such unpaid share of common expenses or assessments shall be deemed 
to be common expenses collectible from all of the unit owners including 
such acquirer, his successors and assigns. 

479-A:23 Joint and Several Liability of Grantor and Grantee for 
Unpaid Common Expenses. In a voluntary conveyance the grantee of a 
unit shall be jointly and severally liable with the grantor for all unpaid 
assessments against the latter for his share of the common expenses up 
to the time of the grant or conveyance, without prejudice to the grantee's 
right to recover from the grantor the amounts paid by the grantee there- 
for. However, any such grantee shall be entitled to a statement from the 
manager or board of directors, as the case may be, setting forth the amount 
of the unpaid assessments against the grantor and such grantee shall not 
be liable for, nor shall the unit conveyed be subject to a lien for, any 
unpaid assessments against the grantor in excess of the amount therein 
set forth. 

479-A:24 Insurance. The manager or the board of directors, if re- 
quired by the declaration, by-laws or by a majority of the unit owners, 
or at the request of a mortgagee having a first mortgage of record covering 
a unit, shall have the authority to, and shall, obtain insurance for the 
property against loss or damage by fire and such other hazards under such 
terms and for such amounts as shall be required or requested. Such in- 
surance coverage shall be written on the property in the name of such 
manager or of the board of directors of the association of unit owners, as 
trustee for each of the unit owners in the percentages established in the 
declaration. Premiums shall be common expenses. Provision for such 
insurance shall be without prejudice to the right of each unit owner to 
insure his own unit for his benefit. 

479-A:25 Disposition of Property; Destruction or Damage. If, \vith- 
in sixty days of the date of the damage or destruction to all or part of the 
property, it is not determined by the association of unit owners to repair, 
reconstruct or rebuild, then and in that event: the property shall be 
deemed to be owned in common by the unit owners; the undivided in- 
terest in the property owned in common which shall appertain to each 
unit owner shall be the percentage of undivided interest previously owned 
by such owner in the common areas and facilities; any liens affecting any 
of the units shall be deemed to be transferred in accordance with the 
existing priorities to the percentage of the undivided interest of the unit 
owner in the property as provided herein; and the property shall be sub- 
ject to an action for partition at the suit of any unit owner, in which 
event the net proceeds of sale, together with the net proceeds of the in- 
surance on the property, if any, shall be considered as one fund and shall 
be divided among all the unit owners in a percentage equal to the per- 
centage of undivided interest owned by each owner in the property, after 



150 Chapter 156 [1965 

first paying out of the respective shares of the unit owners, to the extent 
sufficient for the purpose, all liens on the undivided interest in the prop- 
erty owned by each unit o^vner. 

479-A:26 Actions. Without limiting the rights of any unit owner, 
actions may be brought by the manager or board of directors, in either 
case in the discretion of the board of directors, on behalf of two or more 
of the unit o^vners, as their respective interests may appear, with respect 
to any cause of action relating to the common areas and facilities or more 
than one unit. Service of process on two or more unit owners in any ac- 
tion relating to the common areas and facilities or more than one unit 
may be made on the person designated in the declaration to receive serv- 
ice of process. 

479-A:27 Personal Application. All unit owners, tenants of such 
owners, employees of owners and tenants, or any other persons that may 
in any manner use property or any part thereof submitted to the provi- 
sions of this chapter shall be subject to this chapter and to the declaration 
and by-laws of the association of unit owners adopted pursuant to the 
provisions of this chapter. All agreements, decisions and determinations 
lawfully made by the association of unit owners in accordance with the 
voting percentages established in the chapter, declaration or by-laws, shall 
be deemed to be binding on all unit owners. 

479- A: 28 Severability. If any provision of this chapter or any section, 
sentence, clause, phrase or word, or the application thereof in any cir- 
cumstance is held invalid, the validity of the remainder of the chapter 
and of the application of any such provision, section, sentence, clause, 
phrase or word in any other circumstances shall not be affected thereby. 

155:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 15, 1965.] 
[Effective date August 14, 1965.] 



CHAPTER 156. 

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: 

156:1 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 editorial preparation, publication, and distribution of cumu- 
lative pocket supplements to the Revised Statutes Annotated for the 



1965] Chapter 157 151 

statutes of a public and general nature passed at the 1967 session of the 
general court and any special sessions prior to the 1967 session. The sup- 
plements shall follow the general scheme used for the pocket supplements 
for the 1955, 1957, 1959, 1961, 1963, and 1965 sessions of the general 
court, in accordance 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 do not apply to the contract 
authorized under this act. 

156:2 Appropriation. The sum of eleven thousand dollars is hereby 
appropriated for the purposes of this act relative to the supplements for 
the 1967 session of the general court. The governor is authorized to draw 
his warrant for the sum, or as much thereof as is necessary, out of any 
money in the treasury not otherwise appropriated. 

156:3 Takes Effect. The provisions of this act shall take effect as of 
January 1, 1966. 
[Approved June 15, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 157. 

AN ACT RESTRICTING OPERATION OF MOTOR VEHICLES ON CLAM FLATS. 

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

157:1 Clam Flats. Amend RSA 211 by inserting after section 62-b 
as inserted by 1961, 186:1 the following new section: 211:62-c Motor 
Vehicles Restricted from Clam Flats. No person shall operate or cause 
to be operated any motor vehicle at any time on or over any clam flats 
under the jurisdiction of this state. For the purposes of this act, clam 
flats are defined as any tidal area that is exposed at low tide and capable 
of growing clams. The provisions of this act shall not apply in cases of 
emergency travel required in law enforcement or rescue operations nor 
when travel is authorized by the New Hampshire port authority or New 
Hampshire fish and game department for projects designed for the im- 
provement of the natural resources of the state. Whoever violates any 
provisions of this section shall be fined not more than one hundred dol- 
lars and his fish and game licenses shall be subject to revocation for a 
period not to exceed one year. 

157:2 Enforcement. Amend RSA 249:27-a as inserted by 1959, 306:5 
by striking out the same and inserting in place thereof the following: 
249:27-a Officials. State and local law enforcement officials are author- 
ized to enforce the provisions of RSA 211:62-c, 211:17-b, and 249:27-b as 
inserted by Laws of 1965. 



152 Chapter 158 [1965 

157:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 15, 1965.] 
[Effective date June 15, 1965.] 



CHAPTER 158. 

AN ACT RELATING TO ARREST, DETENTION AND ARRAIGNMENT OF 
CRIMINAL DEFENDANTS. 

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

158:1 Release or Detention. Amend RSA 594 by inserting the fol- 
lowing new sections: 594:18-a Release of Persons Arrested Without War- 
rant. When a peace officer makes an arrest without a ^varrant, either he 
or his superior officer may release the person arrested instead of taking 
him before a district or municipal court if satisfied either that there is 
no ground for making a criminal complaint against such person or that 
such person has been arrested for drunkenness and no further proceed- 
ings are necessary. A person released as above provided shall have no right 
to sue any peace officer on the ground that he was released without being 
brought before a court. 

594:19-a Detention of Person Arrested, (a) On Warrant. Every 
officer making an arrest or holding a person in custody under a warrant 
shall take the accused before the court as directed therein without un- 
reasonable delay and shall there detain him for trial or examination until 
relieved by the court, (b) Without Warrant. An officer arresting a person 
•^s'ithout a warrant shall without unreasonable delay take him before the 
court to answer a complaint for the offense. 

594:20-a Place and Time of Detention. When a person is arrested 
with or without a warrant he may be committed to jail, to the house of 
correction, to a police station or other place provided for the detention 
of offenders, or otherwise detained in custody; provided however, that 
he shall be taken before a district or municipal court Avithout unreason- 
able delay but not exceeding twenty-four hours, Sundays and holidays 
excepted, to answer for the offense. 

594:2 1-a Authority of Jailer. The request of the officer making the 
arrest shall be sufficient authority for the keeper of a jail, or house of cor- 
rection, or police station or for any other officer or person, for keeping 
the person arrested in custody agreeably to the preceding section. 

158:2 Repeal. RSA 594:18, relating to release of persons arrested 
without warrant; RSA 594:19, relating to detention of persons arrested 
on warrant; RSA 594:20, relating to detention, night arrest; RSA 594:21, 
relating to authority of jailor; RSA 594:22, relating to detention; other 



1965] Chapter 159 153 

cases of arrest without warrant; and RSA 594:23, relating to length of 
detention, are hereby repealed. 

158:3 EflEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 16, 1965.] 
[Effective date August 15, 1965.] 



CHAPTER 159. 

AN ACT TO APPROPRIATE FUNDS TO PROVIDE FOR CONTINUANCE OF 
PAYMENTS UNDER THE TEACHERS RETIREMENT SYSTEM. 

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

159:1 Appropriation. Amend RSA chapter 192 by inserting after sec- 
tion 24 the following new section: 192:25 Additional Bonds and Notes. 
To provide funds for continuance of the payment of the accrued liability 
contribution of the state not covered by previous appropriations, the sum 
of one million two hundred thousand dollars, or as much of the sum as 
from time to time is necessary, is hereby appropriated. The state treasurer 
is authorized, under the direction of the governor and council, to borrow 
upon the credit of the state a sum not exceeding one million two hun- 
dred thousand dollars, and for that purpose may issue bonds or notes 
in the name and on behalf of the state. The bonds or notes issued under 
this section shall be deemed a pledge of the faith and credit of the state. 

I. The governor and council shall determine the form of the bonds 
or notes, their rates of interest, the dates when interest shall be paid, the 
dates of maturity, the places where interest and principal shall be paid, 
and the time or times of issue. The bonds or notes shall be signed by the 
state treasurer and counter-signed by the governor. The treasurer may 
negotiate and sell the bonds or notes under the direction of the governor 
and council in such a manner as they consider the most advantageous to 
the state. 

II. Out of the proceeds of the sale of the bonds or notes the governor 
is authorized to draw his warrants for the sum appropriated by this act 
for the purposes of this chapter alone, and the sum or sums shall be de- 
posited in the state annuity accumulation fund to cover the cost of the 
accrued liability, and may be invested with the other funds of the system. 

III. The bonds or notes and interest thereon shall be a charge upon 
the general fund of the state. 

IV. The secretary of state and the state treasurer shall keep account 
of the bonds or notes in the same manner as accounts are kept of other 
bonds or notes of the state. 



154 Chapter 160 [1965 

V. Prior to the issuance of the bonds or notes authorized by this 
section the state treasurer, ^vith the approval of the governor and council, 
may for the purposes of this section borrow money from time to time on 
short-term loans, which may be refunded by the issuance of the bonds 
or notes authorized by this section. Provided, however, that at no time 
shall the indebtedness of the state on short-term loans exceed the sum of 
one million two hundred thousand dollars. 

VI. The appropriation made under this section shall be a continu- 
ing appropriation and shall not lapse. 

159:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 16, 1965.] 
[Effective date August 15, 1965.] 



CHAPTER 160. 

AN ACT TO INCREASE THE PUBLIC REVENUE FROM THE TAX ON BEER AND 
OTHER MALT BEVERAGES. 

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

160:1 Tax Increase. Amend RSA 181:17 by deleting the present 
section 17 and substituting therefor the following new section: 181:17 
Additional Fees. In addition to the fees provided for in section 16 hereof 
the following fees shall be required for permits issued to wholesalers: For 
each wholesaler's permit twelve cents for every gallon of beverages sold 
for resale by the permittee during the preceding calendar month, to be 
paid to the commission on or before the tenth day of the following month. 
For the purpose of computing the fee payable under the provisions hereof 
all sales at retail by a wholesale permittee holding an off-sale permit 
shall be deemed to be sales for resale. Any wholesale permittee shall col- 
lect from on-sale and off-sale permittees to whom he makes sales of bev- 
erages the fees required under the preceding provisions hereof. For 
failure to pay any part of the fees provided for herein when due, ten per 
cent thereof shall be added and collected by the commission from the 
wholesaler. 

160:2 Tax Increase. Amend RSA 181:18 by deleting the present 
section 18 and substituting therefor the following new section: 181:18 
Manufacturer's Fees. In addition to the fees provided for in section 16 
hereof the following fees shall be required for permits issued to any manu- 
facturer: For each manufacturer's permit twelve cents for every gallon 
of beverages sold by said permittee to retail permittees, during the pre- 
ceding calendar month, to be paid to the commission on or before the 



1965] Chapter 161 155 

tenth day of the following month. In addition to the foregoing fees, the 
following fees shall be required for permits issued to any manufacturer 
holding an off-sale permit: For each manufacturer's permit twelve cents 
for every gallon of beverages sold by said permittee at retail and not to 
other permittees for resale, during the preceding calendar month to be 
paid to the commission on or before the tenth day of the following month. 
For failure to pay any part of the fees provided for herein when due, ten 
per cent thereof shall be added and collected by the commission from 
the manufacturer. 

160:3 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved June 16, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 161. 

AN ACT TO REGULATE WIDTH OF LOAD ON PASSENGER TYPE MOTOR VEHICLES. 

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

161:1 Passenger Vehicles, Width of Load Limited. Amend RSA 263 
by inserting after section 65-b (supp) as inserted by 1957, 38:1 the follow- 
ing new section: 263:65-c Passenger Type Vehicles, Load Width. No 

passenger type vehicle that is carrying a load which extends over the sides 
of the vehicle beyond the line of the fenders on the left side or extends 
more than six inches beyond the line of the fenders on the right side o^ 
the vehicle, may be operated on any highway. 

161:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 16, 1965.] 
[Effective date August 15, 1965.] 



CHAPTER 162. 

AN ACT RELATIVE TO THE SALARY OF THE SHERIFF AND APPOINTMENT OF A 
SALARIED DEPUTY SHERIFF OF SULLIVAN COUNTY. 

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

162:1 Salary of Sullivan County Sheriff. Amend RSA 104:29, as 
amended by 1955, 172:1; 247:1, 1957, 156:1, 1957, 309:4, 1961, 175:1, and 
1963, 129:1, by striking out the same and inserting in place thereof the 
following: 104:29 Salaries of Sheriffs. The annual salaries of the sheriffs 
of the several counties shall be as follows: 



156 Chapter 162 [1965 

I. In Strafford, two thousand dollars. 
In Belknap, fifteen hundred dollars. 
In Carroll, twelve hundred dollars. 
In Merrimack, t^vo thousand dollars. 

In Hillsborough, t^vo thousand four hundred dollars. 
In Cheshire, fifteen hundred dollars. 
In Grafton, eighteen hundred dollars. 
In Coos, tAvo thousand dollars. 

The salaries of the sheriffs of Grafton and Belknap counties shall be 
paid monthly. 

II. In Rockingham the annual salary of the sheriff shall be nine 
thousand five hundred dollars, and in Sullivan the annual salary of the 
sheriff shall be eight thousand dollars, and said salaries shall be in full 
for all their services to their respective counties. Their respective counties 
shall provide them with suitable transportation and they shall not be al- 
lowed the established rates for mileage allowable to other sheriffs. They 
shall be allowed reasonable expenses incurred during the performance 
of their duties and such expenses shall be subject to the approval of a 
justice of the superior court. For the service of civil writs and other process 
which he may perform he shall collect the usual fees allowed for such 
services and mileage and shall pay over directly to the county treasurer 
all such fees and mileage charges at the end of each month. They shall in 
their annual report to the county commissioners report the number of 
civil writs and other process served and the total amounts collected in 
fees and mileage charges paid over to the treasurer during the calendar 
year. 

162:2 Amiual Salary of Deputy Sheriff. Amend RSA 104 by inserting 
after section 3 the following new section: 104:3-a Sullivan County: Ap- 
pointment of Deputy Sheriff on Salary. The sheriff of Sullivan county 
may appoint, if funds are appropriated, a deputy sheriff who shall be 
paid an annual salary of five thousand dollars. Said salary shall be pay- 
ment in full for all his services for the county. The county shall provide 
him with suitable transportation and he shall not be allo^ved the statu- 
tory rates for mileage allowable to other deputy sheriffs. He shall be 
allowed reasonable expenses incurred during the performance of his 
duties and his expenses shall be subject to the approval of a justice of the 
superior court. For the service of civil writs and other process which he 
may perform he shall collect the usual fees allowed for such services and 
mileage and shall pay over directly to the county treasurer all such fees 
and mileage charges at the end of each month. He shall report annually 
to the sheriff the number of civil writs and other process served and the 
total amounts collected in fees and mileage charges paid over to the treas- 
urer during the calendar year and said report shall be incorporated in the 
sheriff's annual report to the county commissioners. 



1965] Chapter 163 157 

162:3 Takes Effect. This act shall take effect on July 1, 1965. 
[Approved June 16, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 163. 

AN ACT PROVIDING FOR RECOMPILATION OF VOLUME 3 OF THE REVISED 
STATUTES ANNOTATED. 

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

163:1 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 3 of Revised Statutes Annotated 
into two volumes. The contract for recompilation shall provide for the 
editorial preparation, including execution and integration of new acts, 
of acts specifically or generally amending existing law, and of notes and 
annotations, publication, and distribution of the two volumes, which 
shall be designated 2-B and 3. The reprinting of the volumes shall follow 
the general scheme for the original printing of Revised Statutes An- 
notated. The provisions of RSA 8, relative to competitive bidding for 
state purchases, do not apply to the contract authorized under this act. 

163:2 Sales. The secretary of state, with the approval of the attorney 
general, is authorized to contract with the publisher of recompiled volume 
3 of the Revised Statutes Annotated for the sale of replacement volumes 
2-B and 3 to the public at a price to be determined by the secretary of 
state. 

163:3 Distribution. The secretary of state is authorized to distribute 
official bound copies of replacement volumes 2-B and 3 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 district, 
the district court of the United States for this district, the United States de- 
partment of justice, the Library of Congress, the New Hampshire His- 
torical Society, the secretary of state, the state treasurer, the comptroller. 
A sufficient number of copies to the state library for its use and for dis- 
tribution to each state or territorial library of the United States on an 
exchange basis, any state or territory 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-B and 3 of 



158 



Chapter 164 [1965 



the Revised Statutes Annotated; fourteen copies to the office of the di- 
rector of legislative services, and fourteen copies to the office of the attor- 
ney general. The secretary of state may distribute additional copies of 
original and replacement volumes of the Revised Statutes Annotated to 
state government departments, offices and agencies for official use, subject 
to the approval of the Governor and Council. 

163:4 Appropriation. The sum of sixteen thousand five hundred 
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 may be necessary for the purposes hereof, out of any 
money in the treasury not otherwise appropriated. 

163:5 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 16, 1965.] 
[Effective date August 15, 1965.] 



CHAPTER 164. 

AN ACT RELATING TO CALCULATION OF ANNUAL AND SICK LEAVE OF 

STATE EMPLOYEES. 

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

164:1 Temporary and Seasonal State Employees. Amend RSA 98-A: 1 
by inserting after paragraph II, as inserted by 1963, 309:1, the following 
new paragraph: III. The equivalent of six months or more shall mean 
the equivalent of one hundred thirty or more regularly scheduled -^vork 
days, not necessarily consecutive, and fractions of days worked shall count 
as full days whenever the duties of the position do not require a full day's 
work on such days. 

164:2 Accumulation. Amend RSA 99:2 by inserting after paragraph 
c the following new paragraph: d. Notwithstanding the provisions of 
the preceding paragraphs, all classified state employees performing regu- 
larly scheduled -^vork in excess of five days per week, which shall have in- 
cluded not less than a basic forty-hour work schedule, shall be entitled to 
annual leave and sick leave credit for the regularly scheduled time worked, 
not to exceed six days, on the basis of the following formula: 

Days Per Week 

5 1/4 days =13/8 ^^7^ annual leave and 13/^ days sick leave per 

month 

6 days := II/2 days annual leave and li/4 days sick leave per 

month. 



1965] Chapter 165 159 

Accrued annual leave and sick leave shall not exceed a maximum 
accumulative allowance on the basis of the following formula: 

Annual and Maximum Maximum 

Days Sick Leave Accumulative Accumulative 

Per Accrued Annual Sick 

Week Per Month Leave Leave 

5 1/4 day week \% days 33 work days 99 ^vork days 

6 day week li^^ days 36 work days 108 work days 

164:3 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 16, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 165. 

AN ACT RELATIVE TO CREDIT UNIONS. 

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

165:1 Credit Unions. Amend RSA 394:17 (supp) as amended by 
1955, 213:1, 1959, 88:1 and 1963, 306:5 by striking out said section and 
inserting in place thereof the following: 394:17 Use of Funds, While 
awaiting call of its members for loans, it may deposit its money in any 
cooperative bank, building and loan association, savings bank, trust com- 
pany, federal savings and loan association, or national bank in this state, 
or, by majority vote of the board of directors in any cooperative bank, 
building and loan association, savings bank, trust company, federal sav- 
ings and loan association, or national bank in New England or, ^vith like 
vote, may make loans to other credit unions chartered under the laws of 
this state or under the federal credit union act, provided that the lending 
credit union has assets of one hundred thousand dollars or more. It may 
invest any surplus funds in obligations of the United States government 
or of the state or of any county, city or town of the state, issued pursuant 
to authority of law. Any credit union with assets of three million dollars 
or more may purchase real estate mortgages secured by real estate 
^vherever situate which are guaranteed by the federal housing administra- 
tion and may purchase real estate mortgages secured by real estate in this 
state and in any state contiguous to this state which are guaranteed by 
the United States government through the insured loan program of the 
farmer's home administration. It may be an originator or participating 
lender in participating loans as defined in RSA 387:1, provided that its 
participation in such loans shall be within such limits as are prescribed 
in RSA 394:16. 



160 Chapter 166 [1965 

165:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 16, 1965.] 
[Effective date August 15, 1965.] 



CHAPTER 166. 

AN ACT RELATIVE TO HAWKERS AND PEDDLERS AT VETERANS' MEETINGS OR 

CONVENTIONS. 

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

166:1 Hawkers and Peddlers. Amend RSA 320 by inserting after 
section 13 the following new section: 320:13-a Veterans' Conventions. 
State or local licenses granted pursuant to provisions of this chapter shall 
entitle a peddler or hawker to operate at meetings or con\ entions of rec- 
oo-nized veterans' organizations, but only at such meetings or conventions 
with the specific approval of the organization concerned. 

166:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 16, 1965.] 
[Effective date June 16, 1965.] 



CHAPTER 167. 

AN ACT RELATIVE TO MOB ACTION. 

Whereas there has been riotous assemblies within the state, and there 
is need for legislation to bring about public safety by effective policing of 
crowds and need to provide for unlawful or riotous assembly by a group, 
or the inciting of unlawful or riotous assembly, now therefore 

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

167:1 New Chapter. Amend RSA by inserting after chapter 609 the 
following new chapter: 

Chapter 609-A 

Mob Action 

609-A: 1 Mob Action. Mob action consists of any of the folloAving: 
I. The use of force or violence disturbing the public peace by t^vo or 
more persons acting together and without authority of law; or 

II. The assembly of two or more persons to do an unlawful act; or 



1965] Chapter 166 161 

III. The assembly of two or more persons, without authority of law, 
for the purpose of doing violence to the person or property of any one 
supposed to have been guilty of a violation of the law, or for the purpose 
of exercising correctional powers or regulative powers over any persons 
by violence. 

609-A:2 Penalty. Any person engaged in mob action shall be fined 
not more than five hundred dollars, or imprisoned not more than one 
year, or both. 

609-A:3 Violence. Any participant in a mob action which shall by 
violence inflict injury to the person or property of another shall be fined 
not more than one thousand dollars, or imprisoned for not less than one 
nor more than three years, or both. 

609-A:4 Refusal to Withdraw. Any person present during mob ac- 
tion, whether a participant in the mob action or not, who does not with- 
draw on being commanded to do so by any peace officer shall be fined not 
more than five hundred dollars, or imprisoned not more than one year, 
or both. 

609-A:5 Refusal to Aid. Any person who shall be present at a mob 
action and upon request by a peace officer to assist in suppressing the mob 
action refuses to assist, shall be fined not more than fifty dollars, or im- 
prisoned not more than three months, or both. 

609-A:6 Liability of Principal. Any person who shall promote, aid 
or encourage a mob action or take any lead or direction of such mob ac- 
tion, by word or act, or attempt to do so, or who shall be armed or dis- 
guised therein, shall be liable criminally as a principal for any crime or 
offense which may be committed by the mob, or any of them. 

167:2 Repeal. RSA 609, relative to the suppression of riots, is here- 
by repealed. 

167:3 Offenses Against Order. Amend RSA 570:22 by striking out 
the words, "twenty-five dollars" in the second line and inserting in place 
thereof the words, five hundred dollars, so that said section as amended 
shall read: 570:22 Penalty. A person convicted of any offense mentioned 
in the preceding sections shall be fined not more than five hundred 
dollars, or imprisoned not more than six months, or both, 

167:4 Disorderly Persons. Amend RSA 570:25 (supp) as amended 
by 1959, 5:2 by striking out the words "one hundred dollars" in the 
seventh line and inserting in place thereof the words, five hundred dollars, 
so that the said section as amended shall read as follows: 570:25 Vaga- 
bonds or Disorderly Persons. A vagabond or disorderly person, a person 
going about begging, a person using any unlawful game or play, a person 
pretending to have knowledge in physiognomy or palmistry, a person 
pretending for money, to tell destinies or fortunes or to discover by any 



162 Chapter 168 [1965 

spell or secret art where lost or stolen property may be found, a common 
drunkard, pilferer, or person wanton and lascivious in speech or behavior, 
shall be fined not more than five hundred dollars, or imprisoned not more 
than six months, or both. 

167:5 Takes Effect. This act shall take effect upon its passage. 
[Approved June 17, 1965.] 
[Effective date June 17, 1965.] 



CHAPTER 168. 

AN ACT RELATING TO PROFESSIONAL ENGINEERING. 

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

168:1 Biennial Reports. Amend RSA 319:10 by striking out said 
section and inserting in place thereof the following: 319:10 — Records 
and Reports. The board shall keep a record of its proceedings and a reg- 
ister of all applications for registration, which register shall show (a) the 
name, age, and residence of each applicant; (b) the date of the applica- 
tion; (c) the place of business of such applicant; (d) his educational and 
other qualifications; (e) whether or not an examination was required; 
(f) whether the applicant was rejected; (g) whether a certificate of reg- 
istration was granted; (h) the date of the action of the board; and (i) such 
other information as may be deemed necessary by the board. The records 
of the board shall be prima facie evidence of the proceedings of the board 
set forth therein, and a transcript thereof duly certified under seal by 
the secretary of the board, shall be admissible in evidence with the same 
force and effect as if the original were produced. Biennially, as of June 
thirtieth, the board shall submit to the governor, not later than the fol- 
lowing July thirty-first, a report of its transactions of the preceding bien- 
nium, and also shall transmit to him a complete statement of the receipts 
and expenditures of the board. The first such report shall be due in the 
year 1967. 

168:2 Listings and Supplements. Amend RSA 319:12 (supp) as 
amended by 1959, 38:2 by striking out said section and inserting in place 
thereof the following: 319:12 Roster. A biennial roster, as of June thir- 
tieth in the year of the biennial report provided for in section 10, listing 
the names, registration number, qualifying branch of engineering special- 
ization (not exceeding three branches) and addresses of all registered 
professional engineers, shall be published by the secretary of the board 
during the next following month of September, commencing in Septem- 
ber, 1967. As of June thirtieth of the year following each biennial report, 
a supplement to the roster shall likewise be published. Copies of this roster 
and its supplement shall be mailed to each person so registered, placed 



1965] Chapter 168 163 

on file with the secretary of state and furnished to the public upon re- 
quest and payment of a reasonable charge in an amount determined by 
the board. 

168:3 Certificates. Amend RSA 319:22 (supp) as amended by 1959, 
38:6, by striking out said section and inserting in place thereof the fol- 
lowing: 319:22 Expirations and Renewals. Certificates of registration, 
including those in effect on the effective date of this act, shall expire each 
year on December thirty-first beginning in 1966 and shall become invalid 
on that date unless renewed. It shall be the duty of the secretary of the 
board to notify every person registered under this act, of the date of the 
expiration of his certificate and the amount of the fee that shall be re- 
quired for its renewal for one year and the charges for delayed renewal; 
such notice shall be mailed at least one month in advance of the date of 
the expiration of said certificate. Rene^val may be effected at any time 
during the month of December by the payment of the normal renewal 
fee as determined by the board. The failure on the part of any registrant 
to rene^v his certificate annually in the month of December as required 
above shall not deprive such person of the right of renewal, but the fee 
to be paid for the renewal of a certificate after the month of December 
and before the first day of May of the following year shall be one and 
one half times the normal renewal fee, and, on and after said first day of 
May the fee to be paid shall be twice the normal renewal fee. The right 
of renewal shall be limited to a period of two years from the date of ex- 
piration of a certificate. After this period the certificate of a former regis- 
trant shall become null and void, but may be reinstated by the board 
after re-application, payment of a fee of fifteen dollars and after approval 
of the board. The board, at its discretion, may re-examine said former 
registrant. 

168:4 Fees. Amend RSA 319:22-a (supp) as inserted by 1959, 38:7, 
by striking out said section and inserting in place thereof the following: 
319:22-a Determination of Fee. The board shall annually, prior to the 
first day of December in each year, beginning in 1966, determine the nor- 
mal annual fee to be paid for renewals of certificates. Said normal rene^val 
fee shall not be less than two dollars nor more than five dollars. 

168:5 Procedure and Fees. Amend RSA 319:19 (supp) as amended 
by 1959, 38:5 by striking out said section and inserting in place thereof 
the following: 319:19 Applications and Registration Fees. Applications 
for registration shall be on forms prescribed and furnished by the board, 
shall contain statements made under oath, showing the applicant's educa- 
tion and detail summary of his technical work, and shall contain not less 
than five references, of whom three or more shall be engineers having per- 
sonal knowledge of his engineering experience. The registration fee for 
professional engineers shall be thirty dollars, fifteen dollars of which shall 
accompany application, the remaining fifteen dollars to be paid upon 



164 Chapter 169 [1965 

issuance of certificate. Application to take the examination in funda- 
mental engineering subjects prior to completion of the requisite years 
of experience in engineering work shall be accompanied by a fee of seven 
dollars and fifty cents. This amount shall be credited against the total fee 
required for registration as a professional engineer. Should the board 
deny the issuance of the certificate of registration to any applicant the 
initial fee deposited shall be retained as an application fee. 

168:6 Other Registrations. Amend RSA 319:25 (supp) as amended 
by 1959, 38:8 by striking out in line two the word "fifteen" and inserting 
in place thereof the word, thirty, so that said section as amended shall 
read as follows: 319:25 Interstate Registration. The board may, upon 
application therefor, and the payment of a fee of thirty dollars, issue a 
certificate of registration as a professional engineer to any person who 
holds a certificate of qualification or registration issued to him by proper 
authority of the National Bureau of Engineering Registration, or of any 
state or territory or possession of the United States, or of any country, 
provided that the applicant's qualifications meet the requirements of this 
act and the rules established by the board. 

168:7 Takes Effect. This act shall take effect on passage. 
[Approved June 21, 1965.] 
[Effective date June 21, 1965.] 



CHAPTER 169. 

_AN ACT TO PROVIDE ADDITIONAL RETIREMENT TO RETIRED MEMBERS OF 
THE POLICEMEN'S RETIREMENT SYSTEM. 

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

169:1 Additional Allowances for Certain Retired Permanent Police- 
men. Any retired permanent policeman whose retirement benefit under 
the provisions of RSA 103 is less than one hundred dollars per month 
and who retired prior to May 1, 1961, shall, beginning with the month of 
January 1966, and monthly thereafter, but not beyond the month of De- 
cember 1966, receive an additional monthly retirement allowance equal 
to twice the amount by which his regular monthly retirement benefit is 
less than one hundred dollars. 

169:2 Appropriation. In addition to any other sums appropriated 
for the policemen's retirement system there is appropriated by this act 
the sum of three thousand six hundred nineteen dollars and twelve cents 
to provide funds for the payment of the additional monthly retirement 
allo^vances provided by section 1 of this act. The governor is authorized 
to draw his warrant for the sum appropriated by this act out of any money 
in the treasury not otherwise appropriated. 



1965] 



Chapter 170 165 



169:3 Effective Date. This act takes effect January 1, 1966. 

[Approved June 22, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 170. 

AN ACT TO PROHIBIT THE TAKING OF LOBSTERS OR CRABS IN RYE HARBOR 
OR IN THE CHANNEL OF THE HARBOR. 

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

170:1 Lobsters and Crabs. Amend RSA 211 by adding after section 
19 the following ne^v sections: 

211:19-a Rye Harbor, Prohibition. I. The taking of lobsters and 
crabs in Rye Harbor by any person is forbidden. No lobster or crab trap 
buoys may be placed in the harbor or the approach channel to the harbor. 
A fisherman has twenty-four hours to remove his or her gear from re- 
stricted areas after an authorized enforcement officer makes a verbal re- 
quest to the fisherman to remove said gear. An extension may be granted 
in the case of rough seas or thick fog. 

II. State conservation officers and persons appointed by the New 
Hampshire state port authority shall enforce the provisions of this sec- 
tion, and may remove gear from the restricted area if the verbal request 
authorized in paragraph I of this section is ignored. 

III. Rye harbor as used in this section means the area below high 
A\'ater mark inside the northeast and southwest breakwater on the seashore 
at Rye, and an area west of an imaginary line beginning two hvmdred 
feet seaward from the day marker on the northeast jetty on the northeast 
boundary of the channel and running northeasterly at right angles to the 
northeast boundary of the channel to Ragged Neck point. The approach 
channel to Rye Harbor is designated as that area bounded as follows: 
Beginning at the daymarker on the northeast jetty, thence extending sea- 
ward to a point two hundred feet past the whistling buoy "IB" on a line 
running from the point of beginning through the White Island light, 
which line is the northeast boundary of the channel; thence running 
south-westerly on a line at right angle to the northeast boundary of the 
channel three hundred feet to a point on the southwest boundary line of 
the channel; thence along the southwest boundary of the channel, which 
boundary is a line parallel to and three hundred feet southwest from the 
northeast boundary of the channel, to a point on the southwest boundary 
which is on a line between the daymarker on the northeast jetty to the 
high water mark of the seaward side of the southwest jetty. The black can 



166 Chapter 171 [1965 

buoy marking Trefethen's ledge is not a channel boundary for purposes 
of this section. 

IV. Any person who violates any provision of this section shall be 
fined not less than twenty-five dollars or not more than fifty dollars and 
his license to trap lobsters shall be suspended for a minimum of thirty 
days. 

170:2 Additional Penalty. Amend RSA 211 by inserting after section 
18 the following new section: 211:18-a Penalty, Loss of License. In addi- 
tion to any other penalty any lobster license holder convicted of assaulting 
an enforcement officer or wilfully damaging any boat or motor used by 
an enforcement officer shall lose his lobster license for one year. 

170:3 Effective Date. This act takes effect upon its passage. 
[Approved June 22, 1965.] 
[Effective date June 22, 1965.] 



CHAPTER 171. 

AN ACT TO MAKE THE SALARY OF CITY, TOWN AND SCHOOL DISTRICT 
EMPLOYEES SUBJECT TO TRUSTEE PROCESS. 

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

171:1 Trustee Process. Amend the title of RSA 512:9-a (supp) as 
inserted by 1959, 102:1 by striking out the same and inserting in place 
thereof the following, Salary or Wages of County, City, Town, or School 
District Officials or Employees. Amend said section by inserting after the 
^vord "county" each time it appears in the section the words, city, town, or 
school district, so that said title and section as amended shall read as fol- 
lows s: 512:9-a Salary or Wages of County, City, Town, or School District 
Officials or Employees. The salary or wages of any county, city, to^vn, or 
school district official or employee for services rendered or labor per- 
formed for the county, city, town, or school district before the service of 
a writ shall be subject to trustee process. The trustee writ shall be served 
upon the county, city, town, or school district treasurer who shall be 
chargeable as any other trustee, providing, however, that if the writ is 
duly entered in court the treasurer shall discharge himself by paying to 
the clerk of that court such portion of said salary or wages as is due or 
payable at the time of service of said writ on the treasurer; and provided 
further, that the county, city, town, or school district treasurer shall not 
be chargeable unless the wnrit shall be served upon him before the check 
for such salary or wages has left his custody. 

171:2 Takes Effect. This act takes effect sixty days after passage, 
[Approved June 22, 1965.] 
[Effective date August 21, 1965.] 



1965] Chapter 172 167 

CHAPTER 172. 

AN ACT TO AUTHORIZE PURCHASES BY THE DIRECTOR OF THE DIVISION OF 

PURCHASE AND PROPERTY WITHOUT COMPETITIVE BIDDING ON 

PURCHASES OF LESS THAN FIVE HUNDRED DOLLARS. 

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

172:1 Department of Administration and Control. Amend para- 
graph XV of RSA 8:19 as amended by 1955, 201:1 by striking out the 
words and figure "(1) when the purchase involves a total expenditure of 
less than three hundred dollars," and inserting in place thereof the fol- 
lowing, (1) when the best interests of the state would be served thereby 
and the purchase involves a total expenditure of not more than five hun- 
dred dollars or is a purchase in an approved class, so that said paragraph 
as amended shall read as follows: XV. Require competitive bidding be- 
fore making any purchase for the state pursuant to the provisions of this 
chapter, except (1) "^vhen the best interests of the state would be served 
thereby and the purchase involves a total expenditure of not more than 
five hundred dollars or is a purchase in an approved class, (2) when, after 
reasonable investigation by the director of purchase and property, it ap- 
pears that any required unit or item of supply, or brand of such unit or 
item, is procurable by the state from only one source, (3) when, after rea- 
sonable investigation by the director of purchase and property, it appears 
that any required service, unit or item of supply, or brand of such unit 
or item, has a fixed market price at all sources available to the state, (4) 
^vhen, in the opinion of the governor, an emergency exists of a nature 
Avhich requires the immediate procurement of supplies, he may authorize 
the director of purchase and property to make a purchase without com- 
petitive bidding; and provided further, that where the rates filed with 
and approved by the insurance commissioner are uniform, the purchase 
of state insurance and public state official and employee bonds are spe- 
cifically excluded from competitive bidding as to price. Provided, how- 
ever, that nothing herein contained shall preclude the director of purchase 
and property from inviting plans of insurance coverage from any resident 
licensed insurance agent. 

172:2 Department of Administration and Control. Amend RSA 
8:24 as amended by 1955, 200:1 by striking out the words "no purchase 
involving an expenditure of three hundred dollars or more shall be made" 
and inserting in place thereof the folloAving, no purchase involving an 
expenditure of more than five hundred dollars or purchase in an approved 
class, so that said section as amended shall read as follows: 8:24 Non- 
Competitive Purchases. Except where competitive bidding has been em- 
ployed, no purchase involving an expenditure of more than five hundred 
dollars or purchase in an approved class may be made by the director of 
purchase and property without the written approval of the comptroller. 



168 Chapter 173 [1965 

In requesting such approval the director of purchase and property shall 
first state in uniting his reasons for not employing competitive bidding. 
If the comptroller refuses to approve any such non-competitive purchase, 
the director of purchase and property may appeal to the governor for such 
approval and the governor shall approve or disapprove such purchase in 
\vTiting. 

172:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 22, 1965.] 
[Effective date August 21, 1965.] 



CHAPTER 173. 

AN ACT APPROPRIATING ADDITIONAL FUNDS FOR 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: 

173:1 University of New Hampshire. Amend 1963, 205:1 by strik- 
ing out the Avords "one million five hundred sixty thousand dollars" and 
inserting in their place the words, one million eight hundred eighty thou- 
sand dollars, so that the section is amended to read as follows: 205:1 
Appropriation. The sum of one million eight hundred eighty thousand 
dollars is hereby appropriated for the purpose of constructing, furnishing 
and equipping a residence hall at the University of New Hampshire. All 
contracts for the purchase of equipment and 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 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 lo\s est re- 
sponsible bidder. 

173:2 Change in Amount. Amend 1963, 205:2 by striking out the 
words "one million five hundred sixty thousand dollars" and inserting in 
their place the words, one million eight hundred eighty thousand dollars, 
so that the section is amended to read as follows: 205:2 Borrowing. In 
order to provide funds for the appropriation made in section 1 hereof, 
the trustees of the university are hereby authorized to request the governor 
and council to borrow upon the credit of the state not exceeding the sum 
of one million eight hundred eighty thousand dollars. 

173:3 Increase. Amend 1963, 205:3 by striking out the words "one 
million five hundred sixty thousand dollars" and inserting in their place 
the words, one million eight hundred eighty thousand dollars, so that the 



1965] 



Chapter 174 169 



section is amended to read as follows: 205:3 State Bonds or Notes. The 
o-overnor, upon receipt of a request from the board of trustees of the uni- 
versity, 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 ex- 
ceeding one million eight hundred eighty 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 the 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 dates 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 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 accoimt 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. 

173:4 Limitation. Amend 1963, 205:4 by striking out the words 
"one million five hundred sixty thousand dollars" and inserting in their 
place the words, one million eight hundred eighty thousand dollars, so 
that the section is amended to read as follows: 205:4 Short Term Notes. 
Prior to the issuance of the bonds hereunder, 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 ^vhich 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 one million eight hundred eighty thousand dollars. 

173:5 Effective Date. This act takes effect upon its passage. 
[Approved June 23, 1965.] 
[Effective date June 23, 1965.] 



CHAPTER 174. 

AN ACT RELATIVE TO THE INVESTMENT OF CAPITAL RESERVE FUNDS OF CITIES. 

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

174:1 Investment of Capital Reserve Funds. Amend RSA 34:5 by 
striking out the section and inserting in its place the following: 34:5 
Investment. The moneys in such fund shall be kept in a separate account 
and not intermingled with the other funds of the city. Said capital reserve 



170 Chapter 175 [1965 

fund shall be inxested only by deposit in some savings bank or in the 
sa\ ings department of a national bank or trust company, or in the shares 
of a cooperative bank, building and loan association, or federal savings 
and loan association, in this state or in bonds, notes or other obligations 
of the United States government, or in bonds or notes of this state and 
when so invested in good faith the trustees hereinafter named shall not 
be liable for the loss thereof. Any interest earned or capital gains realized 
on the moneys so invested shall accrue to and become a part of the fund. 
Deposits in banks shall be made in the name of the city, and it shall ap- 
pear upon the book thereof that the same is a capital reserve fund. 

174:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 175. 

AN ACT AMENDING THE CHECKLIST REQUIREMENTS FOR TO^VNS OVER 4,500. 

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

175:1 Supervisors and Checklists. Amend RSA 55:7, by striking out 
the section and inserting in its place the following: 55:7 — Lai'ge ToAvns. 
In towns of more than 4,500 population as shown by the last federal cen- 
sus, they shall be in session for the correction of the check-list, at some 
suitable place in the toxvn, two days at least before the day of election, 
the last day of which shall be the Wednesday five days prior to election 
and upon which day all hearings shall be finally closed. The first session 
shall be upon the second Tuesday next preceding the day of election, 
and shall be adjourned to such subsequent day or days as xvill permit all 
claims to be heard and decided. The names of all persons not qualified to 
vote on or before the final Wednesday session but who shall clearly be 
qualified to vote on election day, may be added to the check-list on or 
before the final Wednesday session. No additions or corrections shall be 
made after midnight on Wednesday five days prior to election day, ex- 
cept as provided in section 18 of this chapter. The additions and correc- 
tions shall be made to the previously posted check-list on or before mid- 
night on the Saturday after the final Wednesday session either by additions 
or corrections to the check-list or by posting a new corrected check-list. 
Notice of the day, hour, and place of each session of the board of super- 
visors shall be given upon the check-lists first posted. 

175:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



1965] Chapter 176 171 

CHAPTER 176. 

AN ACT RELATIVE TO TRUSTEE'S COMPENSATION. 

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

176:1 Charitable Trusts. Amend RSA 564:21 by adding at the end 
of said section the following: but in the case of trusts held exclusively for 
charitable purposes the compensation shall be payable out of income 
only, unless other^vise provided in the trust instrument or Avhere the 
judge determines that certain unusual and nonrecurring services and 
expenses such as the distribution of principal are involved that should 
be charged to the corpus, so that said section as amended shall read as fol- 
lows: 364:21 Compensation. A trustee shall be allowed his reasonable 
expenses incurred in the execution of his trust; and unless otherwise ex- 
pressly provided in the trust instrument, he shall have such reasonable 
compensation for services as the judge may allow. Unless otherwise ex- 
pressly provided in the trust instrument, such compensation and expenses 
may be apportioned between principal and income as the judge may 
determine equitable; but in the case of trusts held exclusively for charit- 
able purposes the compensation shall be payable out of income only, 
unless otherwise provided in the trust instrument or where the judge 
determines that certain unusual and non-recurring services and expenses 
such as the distribution of principal are involved that should be charged 
to the corpus. 

176:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 177. 

AN ACT RELATIVE TO THE FIREMEN'S RETIREMENT SYSTEM. 

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

177:1 Firemen's Retirement System; Assessments. Amend RSA 
102:10 by striking the entire section and inserting in place thereof the 
following new section: 102:10 Assessments from Counties, Cities, To^vns, 
or Precincts. At the beginning of each fiscal year the retirement board 
shall assess upon the various counties, cities, towns or precincts in the 
state employing permanent firemen, who have made application for the 
benefits of this chapter, two per cent of the payroll of the permanent fire- 
men of such county, city, town or precinct who are entitled to such bene- 
fits, provided that, if the board finds that the assessment upon each 



172 Chapter 178 [1965 

permanent fireman's annual salary together with the assessment upon the 
counties, cities, tou^ns and precincts and the contribution from the state 
will not be sufficient to keep this retirement system in a sound financial 
condition, the board may assess such further sum against said counties, 
cities, to^vns and precincts as, in the judgment of the board, may be nec- 
essary for said purpose. It shall be the duty of the treasurer or other dis- 
binsing officer to pay to the retirement board the sum assessed against 
said county, city, toAvn or precinct, and said county, city, town or precinct 
is hereby authorized and directed to appropriate the sums necessary for 
said assessments. 

177:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 178. 

AN ACT TO PROHIBIT SPILLAGE OF LOOSE MATERIAL AND FLUIDS ON 

HIGHWAYS. 

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

178:1 Spillage on Highway. Amend RSA 249 by adding at the end 
the following new section: 249:51 Spillage of Material. I. No vehicle 
shall be driven or moved on any highv.^ay unless such vehicle is so con- 
structed or loaded as to prevent any of its load from dropping, sifting, 
leaking or otherwise escaping therefrom, except that sand may be dropped 
for the purpose of securing traction, or water or other substance may be 
sprinkled on a roadway in cleaning or maintaining such roadway. II. No 
person shall operate on any highway any vehicle with any load unless said 
load and any covering thereon is securely fastened so as to prevent said 
covering or load from becoming loose, detached or in any manner a 
hazard to other users of the highway. III. Whoever violates the provision 
of this section shall be fined not more than one hundred dollars and shall 
be liable to the state or town for any damage done to the highway by the 
spillage. IV. The provisions of paragraphs I, II, and III of this section 
shall not apply to a local farmer transporting his own farm products or 
materials incidental to his farming operations where such transporting 
requires incidental use of a public highway provided that such farmer 
shall not thereby be relieved of his duty to exercise reasonable care in 
carrying on such operations. 

178:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



1965] Chapter 179 173 

CHAPTER 179. 

AN ACT RELATIVE TO PENALTIES FOR HUNTERS SHOOTING DOMESTIC 

ANIMALS. 

Be it Enacted by the Senate and House of Representatives in General 
Court co7ivened: 

179:1 Hunters. Amend RSA 207 by inserting after section 39 the 
following new section: 207:39-a Shooting Domestic Animals. Any person, 
while actually engaged in hunting or the pursuit of wild animals or wild 
birds, causing death, injury or damage to domestic animals shall be liable 
to the owner therefor. Any person, while on a hunting trip or in pursuit 
of wild animals or 'wild birds who shall cause death, injury or damage to 
domestic animals through the discharge of a firearm or bow and arrow 
shall have his license to hunt revoked and he shall not be granted a li- 
cense to hunt for a period not to exceed five years. The provisions of this 
section shall not apply to a hunter killing or injuring his own or a bor- 
rowed animal or one used by another member of the same hunting party, 
other than being liable to the owner therefor, nor shall they apply to a 
hunter killing or injuring a domestic animal "gone wild." The director 
of the fish and game department shall be empowered to make such revo- 
cation and suspension of the privilege of obtaining a license, and deter- 
mine the term of such suspension "^vhen, in his opinion, reasonable evi- 
dence of a violation of the provisions of this statute exist. 

179:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 180. 

AN ACT PROVIDING FOR THE ACQUISITION OF A CERTAIN DAM AND WATER 
RIGHTS ON THE SUNCOOK RIVER BY THE WATER RESOURCES BOARD. 

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

180:1 New Chapter. Amend RSA by inserting after chapter 482-A, 
as inserted by 1963, 212: 1, the following new chapter: 

Chapter 482-B 

Acquisition of a Certain Dam and Water Rights 

482-B: 1 Acquisition Authorized. For a consideration of one dollar 
the New Hampshire water resources board is hereby authorized to accept 
conveyance from the owners thereof the following described property for 



174 Chapter 181 [1965 

the purpose of improving and controlling certain water rights for the 
benefit of the state. The Buck Street dam, so-called, on the Suncook River, 
at the junction of Glass Street and Buck Street in the towns of Pembroke 
and Ailensto\\n in Merrimack county, and the water rights, land and 
other facilities connected there^vith. 

482-B: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-B:3 Tax Exemption. The properties hereby authorized to be 
acquired by the -^v^ater resources board for the benefit of the state shall 
be exempt from taxation as long as the said properties are held by the 
state. 

180:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 181. 

AN ACT RELATIVE TO RETIREMENT BENEFITS FOR OFFICERS AND EMPLOYEES 
OF THE LEAGUE OF NEW HAMPSHIRE ARTS AND CRAFTS AND THE NEW HAMP- 
SHIRE STATE EMPLOYEES FEDERAL CREDIT UNION AND EMPLOYEES OF THE 
STATE EMPLOYEES' ASSOCIATION OF NEW HAMPSHIRE. 

Be'lr^nacted by the Senate and House of Representatives in General 
Court convened: 

181:1 The League of New Hampshire Arts and Crafts. Amend RSA 
100 by inserting after section 51 (supp) as inserted by 1963, 302:2, the 
follo^ving new subdivision: 

Employees of The League of New Hampshire 
Arts and Crafts 

100:52 Participation Authorized. The League of New Hampshire 
Arts and Crafts may, by resolution legally adopted in form approved by 
the board of trustees of the state employees' retirement system, elect to 
have its officers and employees become eligible to participate in the state 
employees' retirement system. After such election, said League of New 
Hampshire Arts and Crafts shall be known as an employer for the pur- 
poses of this chapter. The board of trustees of the state employees' retire- 
ment system shall set a date when the participation of the officers and 
employees of said association shall become effective, and then such officers 
and employees may become members of the state employees' retirement 
system and participate therein. 



1965] Chapter 181 175 

100:53 Membership Requirements. Membership in the state em- 
ployees' retirement system shall be optional for the officers and employees 
of said League of New Hampshire Arts and Crafts who are in its service 
on the date when participation becomes effective and any such officer or 
employee who elects to join such system shall be entitled to a prior serv- 
ice certificate covering such periods of previous service rendered to such 
League of New Hampshire Arts and Crafts or the state for which such 
League of New Hampshire Arts and Crafts is willing to make accrued 
liability contributions. Membership shall be compulsory for all employees 
entering the service of such League of New Hampshire Arts and Crafts 
after the date participation becomes effective. 

100:54 Reports. The chief fiscal officer of such League of New 
Hampshire Arts and Crafts shall submit to the board of trustees such 
information and shall cause to be performed, with respect to the em- 
ployees of such League of New Hampshire Arts and Crafts who are mem- 
bers of said retirement system, such duties as shall be prescribed by the 
board of trustees in order to carry out the performance hereof. 

181:2 The New Hampshire State Employees Federal Credit Union. 
Amend RSA 100 by inserting after section 54 as inserted by section 1 of 
this act the followins: new subdivision: 

Employees of the New Hampshire State Employees 
Federal Credit Union 

100:55 Participation Authorized. The New Hampshire State Em- 
ployees Federal Credit Union may, by resolution legally adopted in form 
approved by the board of trustees of the state employees' retirement sys- 
tem, elect to have its officers and employees become eligible to participate 
in the state employees' retirement system. After such election, said Ne^v 
Hampshire State Employees Federal Credit Union shall be known as an 
employer for the purposes of this chapter. The board of trustees of the 
state employees' retirement system shall set a date when the participation 
of the officers and employees of said association shall become effective, and 
then such officers and employees may become members of the state em- 
ployees' retirement system and participate therein. 

100:56 Membership Requirements. Membership in the state em- 
ployees' retirement system shall be optional for the officers and employees 
of said New Hampshire State Employees Federal Credit Union who are 
in its service on the date when participation becomes effective and any 
such officer or employee who elects to join such system shall be entitled 
to a prior service certificate covering such periods of previous service ren- 
dered to such Ne^v Hampshire State Employees Federal Credit Union or 
the state for which such New Hampshire State Employees Federal Credit 
Union is willing to malce accrued liability contribiuions. Membership 
shall be compulsory for all employees entering the service of such New 



176 Chapter 181 [1965 

Hampshire State Employees Federal Credit Union after the date partici- 
pation becomes effective. 

100:57 Reports. The chief fiscal officer of such New Hampshire State 
Employees Federal Credit Union shall submit to the board of trustees 
such information and shall cause to be performed, with respect to the 
employees of such New Hampshire State Employees Federal Credit Union 
who are members of said retirement system, such duties as shall be pre- 
scribed by the board of trustees in order to carry out the performance 
hereof. 

181:3 The State Employees' Association of New Hampshire. Amend 
RSA 100 by inserting after section 57 as inserted by section 2 of this act 
the following new subdivision: 

Employees of the State Employees' Association 
of New Hampshire 

100:58 Participation Authorized. The State Employees' Association 
of New Hampshire may, by resolution legally adopted in form approved 
by the board of trustees of the state employees' retirement system, elect 
to have its employees become eligible to participate in the state employees' 
retirement system. After such election, said State Employees' Association 
of New Hampshire shall be known as an employer for the purposes of 
this chapter. The board of trustees of the state employees' retirement sys- 
tem shall set a date when the participation of the employees of said asso- 
ciation shall become effective, and then such employees may become 
members of the state employees' retirement system and participate therein. 

100:59 Membership Requirements. Membership in the state em- 
ployees' retirement system shall be optional for the employees of said State 
Employees' Association of New Hampshire who are in its service on the 
date when participation becomes effective and any such employee who 
elects to join such system shall be entitled to a prior service certificate 
covering such periods of previous service rendered to such State Em- 
ployees' Association of New Hampshire or the state for which such State 
Employees' Association of New Hampshire is willing to make accrued 
liability contributions. Membership shall be compulsory for all employees 
entering the service of such State Employees' Association of New Hamp- 
shire after the date participation becomes effective. 

100:60 Reports. The treasurer of such State Employees' Association 
of New Hampshire shall submit to the board of trustees such information 
and shall cause to be performed, with respect to the employees of such 
State Employees' Association of New Hampshire who are members of said 
retirement system, such duties as shall be prescribed by the board of 
trustees in order to carry out the performance hereof. 



1965] Chapter 182 177 

181:4 Takes Effect. This act shall take effect as of July 1, 1965. 
[Approved June 23, 1965.] 
[Effective date July I, 1965.] 



CHAPTER 182. 

AN ACT RELATIVE TO THE STAFF OF THE NEW HAMPSHIRE NATIONAL GUARD. 

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

182:1 Assistant Chief of Staff Established. Amend RSA 110-A:9 as 
inserted by 1957, 147:1 by striking out the section and inserting in its 
place the following: RSA 110-A:9 Staff for the National Guard. There 
shall be under the adjutant general as chief of staff, an assistant chief of 
staff with the rank of brigadier general, and a staff for the national guard. 
The staff shall consist of such officers as shall be designated in general 
orders; and it shall perform such fiuictions and duties as the adjutant 
general may prescribe. 

182:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 183. 

AN ACT TO AUTHORIZE CORPORATIONS TO GUARANTEE THE DEBTS OF 

OTHERS. 

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

183:1 Power to Guarantee. Amend RSA 294:4 VI by striking out 
said paragraph and inserting in place thereof the following: 294:4 VI 
To make contracts, give guarantees and incur liabilities, borrow money at 
such rates of interest as the corporation may determine, issue its notes, 
bonds and other evidences of indebtedness and secure any of its obliga- 
tions by mortgage or pledge, or deed of trust, of its property and fran- 
chises or any interest therein presently owned or thereafter acquired. 

183:2 Takes Effect. This act shall take effect sixty days after passage. 
[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



178 Chapter 184 [1965 

CHAPTER 184. 

AX ACT DESIGNATING FEBRUARY AS "AMERICAN HISTORY MONTH". 

Whereas, in accordance with other states, Governor John W. King 
designated February, 1965 as "American History Month", and 

Whereas, with the very great historical background of New Hamp- 
shire, one of the thirteen original colonies and the ninth and deciding 
state to ratify the constitution of the United States and thus bring it into 
being, it seems fitting and proper that New Hampshire continue the ex- 
ample set by our governor, therefore 

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

184:1 Designation. Amend RSA 227-A by inserting at the end there- 
of the following new subdivision: 

Designation of American History Month 

227-A:5 Proclamation. The governor shall annually proclaim the 
month of February as "American History Month" and shall request the 
citizens of the state to observe said month with appropriate historical cere- 
monies. The state historical commission may cooperate in the celebration 
in such activities. 

184:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 185. 

AN ACT RELATING TO THE ESTABLISHMENT OF COMMUNITY MENTAL HEALTH 
PROGRAMS AND STATE AID THEREFOR. 

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

185:1 Community Mental Health Programs. Amend RSA by insert- 
ing after chapter 126-A, as inserted by 1961, 222:1 the following new 
chapter: 

Chapter 126-B 

Community Mental Health Programs 

126-B: 1 Declaration of Purpose. It is hereby declared to be the pur- 
pose of this chapter, as a means of increasing the effectiveness of the state 



1965] Chapter 185 179 

program for the care and treatment of the mentally ill, to assist communi- 
ties to establish and operate clinics and mental health centers in local 
communities. 

126-B:2 State Grants. The commissioner of health and Avelfare, with- 
in the funds appropriated or made available therefor, is hereby author- 
ized to make grants to assist cities, counties, towns or non-profit corpora- 
tions in the establishment or operation of local mental health programs 
to provide the following services; (1) diagnostic and treatment services, 

(2) consultative services to schools, courts and health and welfare agencies, 

(3) informational and educational services to the general public, and lay 
and professional groups, (4) collaborative and cooperative services with 
public health and other groups for programs of prevention of mental 
illness. 

126-B:3 Establishment of Programs by Municipality. Any city, coun- 
ty, or town, upon consultation with the director of mental health, may 
establish a community mental health services program and may establish 
clinics and staff same "vvith persons specially trained in psychiatry and re- 
lated fields. Such programs and clinics may be administered by a city, 
county or town and the municipality may appropriate funds therefor. 

126-B:4 Non-profit Corporation. Any non-profit corporation organ- 
ized for the purpose of providing mental health programs may participate 
in state grants under the provisions of this chapter. 

126-B:5 Municipal Contributions. Any city, county or town may 
raise and appropriate funds to assist a non-profit corporation administer- 
ing a mental health program, provided the program has been approved by 
the director of mental health. 

126-B:6 Application for Assistance. Any city, county, town, or non- 
profit corporation, administering a mental health services program may 
apply for the assistance provided by this chapter by submitting annually 
to the director of mental health its plans and budget for the next fiscal 
year. No program shall be eligible for a grant hereunder unless its plans 
and budget have been approved by the director of mental health or the 
coordinator of community mental health services with the approval of 
the director. 

126-B:7 Allocation of Funds. At the beginning of each fiscal year 
the commissioner of health and welfare shall allocate funds to the mental 
health programs for disbursement quarterly in accordance Avith such ap- 
proved plans and budgets and upon receipt of signed contract or agree- 
ment with the community organization to provide the services listed in 
section 2. The director of mental health reserves the risrht to audit both 
the program and the financial aspects of the projects. 



180 Chapter 185 [1965 

126-B:8 Grants. Grants for any program shall be made on a scale of 
tAvo dollars for every one dollar raised locally providing such grant of 
money shall not exceed in any single year two-thirds of the total expendi- 
ture for (a) salaries, (b) contract facilities and services, (c) operation, main- 
tenance, service costs, (d) per diem and travel expenses of personnel; nor 
shall they exceed in any fiscal year one dollar per capita of the area served 
by the program. No grant shall be made for capital expenditures. Grants 
may be made for expenditures for mental health services whether pro- 
vided by operation of a local facility or through contract with other public 
or private agencies. At the discretion of the commissioner of health and 
^\''elfare with the recommendation of the director of mental health, pro- 
vision may be made for those areas which are unable to meet the matching 
fund requirements stated above. As an incentive to communities lacking 
a mental health program to apply for assistance provided by this chapter, 
the commissioner shall make a grant not to exceed seventy-five hundred 
dollars to an applicant towards the expenses of its first year of operation 
of a mental health program without requiring the matching funds from 
the applicant and "^vithout regard to the restrictions on grants provided 
by this section, if the applicant otherwise meets the requirements set forth 
in this chapter. As an additional incentive, in the second year of opera- 
tion of a mental health program under this chapter, the grants shall be 
made on a scale of three dollars for every one dollar raised locally, and 
without regard to the restrictions on grants provided by this section. In 
all other years of operation, in areas not meeting federal matching fund 
requirements or population density requirements and having a clinic 
serving an area not closer than twenty miles to an existing clinic, the scale 
of matching funds shall be three dollars for every one dollar raised locally. 
In all localities the fair rental value of physical facilities furnished by a 
local community shall be counted as part of the funds raised locally. 

126-B:9 Uniform Fees. The coordinator of community mental health 
services, with the approval of the director of mental health, shall estab- 
lish a uniform schedule of fees, taking into account ability to pay, and 
all community mental health programs to which a grant is made pursuant 
to this chapter shall charge all recipients of their services the fees so estab- 
lished, provided that no one shall be excluded from receiving said services 
because of race, color, religion or inability to pay. 

126-B:10 Board of Directors. Every city, county, or to^vn, or non- 
profit corporation, establishing a community mental health services pro- 
gram shall, before it may come within the provisions of the chapter, estab- 
lish a board of directors, the membership of which shall be as representa- 
tive as possible of local health departments, medical societies, hospital 
boards, lay associations concerned with mental health as well as labor, 
business and civic groups and the general public. Each board of directors 
shall be responsible for the effective administration of its mental health 



1965] Chapter 185 181 

programs and shall (a) review and evaluate community mental health 
services and report thereon to the director of mental health, and when in- 
dicated, the public, together with recommendations for additional services 
and facilities; (b) recruit and promote local financial support for the pro- 
gram for private sources such as community chests, business, industrial 
and private foundations, voluntary agencies and other lawful sources, and 
promote public support for municipal and county appropriations; (c) 
promote, arrange and implant working agreements with other social 
service agencies both public and private, and with other educational and 
judicial agencies; (d) review the annual plan and budget and make recom- 
mendations thereon. 

126-B:11 Duties of Director of Mental Health. In addition to other 
powers and duties the director of mental health shall: (a) promulgate rules 
and regulations governing eligibility of community mental health pro- 
grams to receive state grants, prescribing standards for qualifications of 
personnel and quality of professional services; (b) review and evaluate 
local programs and make recommendations thereon to the board of di- 
rectors; (c) provide consultative staff service to communities to assist in 
ascertaining local needs and in planning and establishing community 
mental health programs. 

126-B:12 Federal Aid. In addition to allotment of state funds the 
commissioner of health and welfare is authorized to accept grants from 
the federal government for mental health services by local communities 
and to distribute said funds in accordance with the terms of the Q:rant. 



&' 



185:2 Appropriations. For the purpose of providing funds for state 
grants-in-aid under the provisions of RSA 126-B there are hereby appro- 
priated for the fiscal year ending June 30, 1966 the sum of one hunclred 
fifty thousand dollars and a like sum for the fiscal year ending June 30, 
1967. These sums are in addition to the sums appropriated in the budget 
bills for each of these two years. The sums hereby appropriated shall not 
be expended for any purpose other than for purposes authorized by RSA 
126-B. The sums hereby appropriated shall be a charge upon the general 
funds. 

185:3 Takes Effect. This act shall take effect July 1, 1965, excepting 
RSA 126-B:9 which shall take effect January 1, 1966. 
[Approved June 23, 1965.] 
[Effective date: 

R.S.A. 126-B:9 — Effective date January 1, 1966. 
Remainder of act effective July 1, 1965.] 



182 Chapter 186 [1965 

CHAPTER 186. 

AN ACT AUTHORIZING THE DEPARTMENT OF EDUCATION TO PARTICIPATE IN 
THE FEDERAL PROGRAM UNDER THE VOCATIONAL EDUCATION ACT OF 1963. 

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

186:1 Autliorizadon. Amend RSA 188-A as inserted by 1961, 267:1 
by inserting after section 12 the following ne^v section: 188-A: 13 Voca- 
tional Education Act of 1963. The state board of education is hereby 
designated as the sole state agency to receive federal funds and administer 
state participation in the program authorized by the Vocational Educa- 
tion Act of 1963, Public Law 210, 88th Congress. 

186:2 Special Fund. There is hereby created in the state treasury a 
special fund to be known as the vocational education act fund. All monies 
granted to the state by the United States of America for the program au- 
thorized by this act shall be deposited in this fund, and the money shall 
be continuously available to the state board of education for expenditure 
for the purposes authorized by the appropriate federal agencies, without 
lapse or transfer to any other state fund. All monies granted to the state by 
the United States of America and deposited in this fund shall be accounted 
for separately but may be comingled with state funds. If required by the 
terms of the grant from the United States of America, any unused portion 
of the grant may be returned to the federal government at the end of a 
fiscal period. The state treasurer is hereby designated as custodian of the 
fund and he is liable on his official bond for the faithful performance of 
his duties in connection with the fund. 

186:3 Takes Effect. This act shall take effect upon its passage. 
[Approved June 23, 1965.] 
[Effective date June 23, 1965.] 



CHAPTER 187. 

AN ACT TO PROVIDE FOR REGISTRATION OF AND SERVICE OF PROCESS UPON 

FOREIGN PARTNERSHIPS. 

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

187:1 New Chapter. Amend RSA, Title XXVIII by inserting the 
following new chapter: 



1965] Chapter 187 183 

Chapter 305-A 

Registration of Foreign Partnerships 

305-A: 1 Registration. Every foreign partnership desiring to do busi- 
ness within this state, shall pay a registration fee of fifty dollars and an 
annual maintenance fee of twenty-five dollars to the secretary of state on 
the first business day of April following the date of registration and on 
the first business day of April thereafter and continuously maintain in 
this state: (a) a registered office which may or may not be the same as its 
place of business in the state; and (b) a registered agent, which agent may 
be the secretary of state and its successor or successors in office, or an in- 
dividual resident in or a corporation authorized to do business may act 
as such agent in this state; and (c) the secretary of state shall in December 
of each year notify all partnerships registered hereunder of the fees to be- 
come due hereunder on the first business day of April following; and shall 
in April notify all partnerships who may have failed to pay the fees re- 
quired hereunder. 

305-A: 2 Application for Certificate of Authority. All applications 
of foreign partnerships for authority to do business in this state shall be 
made on forms prescribed or furnished by and filed in the office of the 
secretary of state and shall be executed by a general partner of the part- 
nership desiring to so register, and shall set forth: (a) the name of the 
partnership, the state under which la^vs it is formed, and the post office 
address with street and number, if any, of its principal office in such state; 
(b) a statement registering an office and agent in this state and the address 
including street and number, if any, of such registered office in this state 
and the name of such registered agent in this state at such address; (c) on 
compliance with the provisions of this section, the secretary of state shall 
forthwith issue a certificate of authority to do business in this state, copies 
of applications, certified by the secretary of state, shall be sufficient evi- 
dence thereof. 

305-A: 3 Noncompliance; Penalty. Any such partnership which re- 
fuses to comply with the requirements of this chapter may be restrained 
from further prosecution of business in this state by proceedings in equity 
brought by the attorney general in the county of Merrimack and shall be 
fined not more than five hundred dollars. 

305-A:4 Effect. Failure to comply with the registration provisions of 
this chapter shall not affect the validity of any contract ^vith such partner- 
ship; but no action shall be maintained or recovery had in any of the 
courts of this state by any such foreign partnership so long as it fails to 
comply with the requirements of this chapter. 

305-A: 5 Withdrawal from State; Fee. A foreign partnership author- 
ized to do business in the state may withdraw from the state at any time. 



184 Chapter 187 [1965 

Such Avithdrawal shall become effective when such partnership shall have 
filed in the office of the secretary of state on forms prescribed or furnished 
by him signed for the partnership by a general partner thereof a statement 
of withdrawal which shall set forth: (a) the name of such partnership, 
the state or county under the laws of which it is formed, and the post 
office address with street and number, if any, of its principal office in 
such state; (b) the address including street and number, if any, of its reg- 
istered office in this state and the name of its registered agent in this state 
at such address; (c) a statement that it surrenders its authority to do busi- 
ness in this state; (d) that it revokes the authority to make service of process 
on its then registered agent and consents that service of process in any 
suit, action or proceeding based upon any cause of action arising within 
or without the state prior to the effective date of the withdrawal may 
thereafter be made on such partnership by service thereof on the secre- 
tary of state; and (e) shall be accompanied by a filing fee of five dollars. 

305-A:6 Service of Process — How Made. Service of process in any 
suit, action or proceeding or service of any notice or demand required 
or permitted by law to be served on a foreign partnership may be made 
on such partnership by service thereof on a registered agent of such part- 
nership. Service of any such process or of any such notice or demand upon 
a registered agent as registered agent may be made: (a) by leaving an 
attested copy of such process, notice or demand in the registered office 
of the registered agent during regular business hours, or (b) whenever 
any foreign partnership authorized to transact or transacting business in 
this state shall fail to appoint or maintain in this state a registered agent 
upon whom service of legal process or service of any such notice or de- 
mand may be had, or whenever service on any such registered agent can- 
not -w'ith reasonable diligence and providence be made as above provided, 
or ^vhenever the certificate of authority of any foreign partnership shall 
be forfeited, then and in every such case the secretary of state shall be 
and hereby is irrevocably authorized as the agent and representative of 
such foreign partnership to accept service of any process or service of any 
notice or demand required or permitted by law to be served upon such 
partnership. 

305-A:7 On Secretary of State. If service is made on the secretary 
of state under this chapter, (a) service shall be made by leaving a copy of 
the process, notice or demand and a fee of two dollars in the hands or in 
the office of said secretary; (b) the fee of two dollars shall be taxed to the 
plaintiff's costs if he prevails in this suit; (c) the secretary shall keep a 
record of the day and hour of the service of such process; and (d) when- 
ever such service has been made the secretary shall immediately give 
notice thereof by mail, postage prepaid, to the partnership at its home 
office as it appears in the records of the secretary of state or to such other 
person or address as the partnership shall have directed by ^vaiting filed in 



1965] Chapter 188 185 

the office of the secretary of state and shall, within two days after such 
service, send in like manner a copy of the process, notice or demand. If 
any such partnership shall not have registered as required by law, the 
notice herein required and the copy of the process, notice or demand shall 
be forwarded to the address furnished by the person in whose behalf such 
process is served. The certificate of the secretary of state that he has for- 
warded notice and copies by mail as herein required shall be evidence of 
the fact of forwardinsr to the address stated in such certificate and of the 
time of forwarding. 

305-A:8 Service. The method of service provided by this chapter is 
not exclusive and service on such partnerships may be made in any other 
manner provided by law. 

187:2 Effective Date. This act shall take effect sixty days after pas- 
sage. The provisions of this chapter shall apply to all causes of action not 
otherwise barred by the applicable statute of limitations whether such 
cause of action has accrued prior to the effective date of this act or shall 
accrue thereafter. 
[Approved June 23, 1965.] 
[Effective date August 22, 1965.] 



CHAPTER 188. 

AN ACT TO INCREASE THE LIMIT OF OUTSTANDING BORROWING BY THE 

STATE. 

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

188:1 Outstanding Borrowing. Amend RSA 6:13 (supp) as amended 
by 1959, 63:1 by striking out the same and inserting in place thereof the 
following: 6:13 Borrowing Money. If money due from the state is de- 
manded and there are not sufficient funds in the treasury available for 
the payment of the same, the treasurer under the direction of the gov- 
ernor and council is authorized to borrow on the state's credit for a period 
of not more than one year, at the lowest rate of interest obtainable, such 
sums as may be necessary, provided that at no time shall the indebtedness 
of the state pursuant to the authority granted by this section exceed the 
sum of ten million dollars. 

188:2 Borrowing, Fish and Game Fund. Amend RSA 6 by inserting 
after section 13 (supp) as amended by 1959, 63:1 the following new sec- 
tion: 6:13-a — Fish and Game Fund. If payments of money are due from 
the state fish and game fund and there are not sufficient fish and game 
funds in the treasury available for the payment of the same, the treasurer 
under the direction of the governor and council is authorized to borrow 



186 Chapter 189 [1965 

on the state's credit tor a period o£ not more than six months, at the lo^vest 
rate of interest obtainable, such sums as may be necessary, provided that 
at no time shall the indebtedness of the state pursuant to the authority 
granted by this section exceed the sum of t^vo hundred and fifty thousand 
dollars. 

188:3 Effective Date. This act takes effect upon its passage. 
[Approved June 23, 1965.] 
[Effective date June 23, 1965.] 



CHAPTER 189. 

AN ACT RELATIVE TO THE NEW HAMPSHIRE CONGREGATIONAL-CHRISTIAN 

CONFERENCE. 

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

189:1 Institutional Exemptions. Amend RSA 72 by inserting after 
section 23-c as inserted by 1957, 202:4 and amended by 1961, 233:2 the 
following new section: 72:23-d New Hampshire Congregational-Chris- 
tian Conference. The real estate and personal property oAvned by the 
New Hampshire Congregational-Christian Conference, or a subsidiary 
corporation thereof, occupied and used by the conference or the subsidiary 
corporation to provide community housing for elderly persons, if none of 
the income of profits of the community housing is used for any purpose 
other than the purpose for which the housing is established. For the pur- 
pose of this paragraph an elderly person is one who is sixty-tAvo years or 
more of age. The age of the head of the family determines the eligibility 
of the family unit in the community housing. On or before December 
first of each year the owner of the community housing shall pay to the 
town or city in which the property is situated, in lieu of taxes, a sum rep- 
resenting ten per cent of the shelter rent received by the owner during 
the preceding calendar year. For cause shown, having in mind the nature 
and purpose of the corporation, the tax commission may abate all or a 
portion of the payment in lieu of taxes in any year. The owner on or be- 
fore June first of each year shall file Avith the tax commission in such form 
as the tax commission prescribes a statement of the financial condition 
of the community housing project for the preceding fiscal year, and shall 
file such other information as the tax commission requires. 

189:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 25, 1965.] 
[Effective date August 24, 1965.] 



1965] Chapter 190 187 

CHAPTER 190. 

AN ACT RELATIVE TO THE SALARY OF THE SHERIFF OF CHESHIRE COUNTY. 

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

190:1 Salary of Cheshire County Sheriff. Amend RSA 104:29, as 
amended by 1955, 172:1, 247:1, 1957, 156:1, 309:4, 1961, 175:1, and 1963, 
129:1 by striking out the entire section and inserting in its place the fol- 
lowing: 104:29 I. Salaries of Sheriffs. The annual salaries of sheriffs of 
the several counties shall be as follows: 

In Strafford, two thousand dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, twelve hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, two thousand four hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, two thousand dollars. 

The salaries of the sheriffs of Grafton and Belknap counties shall be 
paid monthly. 

II. 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 coiuity. 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 in- 
curred during the performance of his duties and such expenses shall be 
subject to the approval of a justice of the superior court. For the service 
of civil writs and other process which he may perform he shall collect the 
usual fees allowed for such services and mileage and shall pay over directly 
to the county treasurer all such fees and mileage charges at the end of 
each month. He shall in his annual report to the county commissioners 
report the number of civil writs and other process served and the total 
amounts collected in fees and mileage charges paid over to the treasurer 
during the calendar year. 

III. In Sullivan the annual salary of the sheriff shall be eight thou- 
sand 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. For the service of civil writs 
and other process which he may perform he shall collect the usual fees' 
allowed for such services and mileage and shall pay over directly to the 
county treasurer all such fees and mileage charges at the end of each 
month. He shall in his annual report to the county commissioners report 



188 Chapter 191 [1965 

the number of ci\'il writs and other process served and the total amounts 
collected in fees and mileage charges paid over to the treasurer during 
the calendar year. 

I\^ In Cheshire the annual salary of the sheriff shall be nine thou- 
sand five hundred dollars which shall be paid monthly. 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 al- 
lowed reasonable expenses incurred during the performance of his duties 
and such expenses shall be subject to the approval of a justice of the su- 
perior court. For the service of civil writs and other process which he may 
perform he shall collect the usual fees allowed for such services and mile- 
aoe and shall pay over directly to the county treasurer all such fees and 
mileage charges at the end of each month. He shall in his annual report 
to the county commissioners report the number of civil writs and other 
process served and the total amounts collected in fees and mileage charges 
paid over to the treasurer during the calendar year. 

190:2 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 25, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 191. 

AN ACT INCREASING THE SALARY OF THE COUNTY COMMISSIONERS OF 

SULLIVAN COUNTY. 

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

191:1 Sullivan County Commissioners. Amend RSA 28:28 (supp), as 
amended by 1955, 247:4 and 269:1; 1957, 182:1 and 246:1; 1961, 80:1, 
157:1 and 210:1; 1963, 94:1 and 329:2, by striking out the words "In Sul- 
livan, twelve hundred dollars" and inserting in place thereof the Avords, 
In Sullivan, eighteen hundred dollars, so that the section is amended to 
read as follows: 28:28 Commissioners. The annual salary of each commis- 
sioner of the following counties shall be as folloAvs, 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. 



1965] Chapter 192 189 

In Merrimack, two thousand dollars. 

In Hillsborough, forty -five hundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, eighteen hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, two thousand dollars. 

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

191:2 Takes Effect. This act shall take effect January 1, 1966. 
[Approved June 28, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 192. 

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

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

192:1 County Attorney. Amend RSA 7:35 (supp), as amended by 
1955, 247:2; 1957, 34:1; 211:1; 263:1, 1959, 6:1; 1961, 107:1, 208:1, and 
1963, 95:1, 329:1 by striking out the words "In Grafton, three thousand 
dollars" and inserting in their place the words. In Grafton, five thousand 
dollars, so that the section is amended to read as follows: 

7:35 Salaries. The annual salaries of the county attorneys in the sev- 
eral counties shall be as follows: 

In Rockingham, three thousand dollars. 

In Strafford, twenty-five hundred dollars. 

In Belknap, three thousand dollars. 

In Carroll, two thousand dollars. 

In Merrimack, twenty-five hundred dollars. 

In Hillsborough, five thousand dollars. 

In Cheshire, three thousand dollars. 

In Sullivan, two thousand dollars. 

In Grafton, five thousand dollars. 

In Coos, twenty-four hundred dollars. 

192:2 Effective Date. This act takes effect January 1, 1966. 
[Approved June 28, 1965.] 
[Effective date January 1, 1966.] 



190 Chapter 193 [1965 

CHAPTER 193. 

AX ACT REQUIRING REPORTING BY PHYSICIANS AND INSTITUTIONS OF 
CERTAIN PHYSICAL ABUSE OF CHILDREN. 

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

193:1 Report of Abuse to Minor Required. Amend RSA 571 by in- 
serting after section 24, as inserted by 1961, 144:1, the following new sub- 
division: 

Reporting Abuse Required 

571:25 Purpose. The purpose of this subdivision is to provide for 
the protection of children who have had physical injury inflicted upon 
them and who are further threatened by the conduct of those responsible 
for their care and protection. Physicians who become aware of such cases 
should report them to the bureau of child welfare of the division of wel- 
fare of the department of health and welfare which shall notify the appro- 
priate police authority thereby causing the protective services of the state 
to be brought to bear in an effort to protect the health and welfare of 
these children and to prevent further abuses. 

571:26 Reports by Physicians and Institutions. Any physician, includ- 
ing any licensed doctor of medicine, licensed osteopathic physician, intern 
and resident, having reasonable cause to suspect that a child under the age 
of sixteen brought to him or coming before him for examination, care or 
treatment has had serious physical injury or injuries inflicted upon him 
other than by accidental means by a parent or other person responsible 
for his care, shall report or cause reports to be made in accordance ^vith 
the provisions of this subdivision; provided that when the attendance of 
a physician with respect to a child is pursuant to the performance of serv- 
ices as a member of the staff of a hospital or similar institution he shall 
notify the person in charge of the institution or his designated delegate 
who shall report or cause reports to be made in accordance with the pro- 
visions of this subdivision. 

571:27 Nature and Content of Report; to Whom Made. An oral 
report shall be made immediately by telephone or otherwise, and followed 
as soon thereafter as possible by a report in writing, to the bureau of child 
welfare of the division of welfare of the department of health and welfare 
which shall notify an appropriate police authority. Such reports shall 
contain the names and addresses of the child and his parents or other 
persons responsible for his care, if known, the child's age, the natme and 
extent of the child's injuries (including any evidence of previous injuries), 
and any other information that the physician believes might be helpful in 
establishing the cause of the injuries and the identity of the perpetrator. 



1965] 



Chapter 194 191 



571:28 Immunity from Liability. Anyone participating in good 
faith in the making of a report pursuant to this subdivision shall have 
immunity from any liability, civil or criminal, that might otherwise be 
incurred or imposed. Any such participant shall have the same immunity 
with respect to participation in any judicial proceeding resulting from 
such report. 

571:29 Evidence Not Privileged. Neither the physician-patient privi- 
lege nor the husband-wife privilege shall be a ground for excluding evi- 
dence regarding a child's injuries or the cause thereof, in any judicial 
proceeding resulting from a report pursuant to this subdivision. 

571:30 Penalty for Violation. Anyone knowingly and willfully vio- 
lating the provisions of this subdivision shall be fined not more than five 
hundred dollars. 

193:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 194. 

AN ACT CREATING A STATE COMMISSION ON THE ARTS. 

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

Court convened: 

194:1 New Chapter. Amend RSA by inserting after chapter 19 the 
following new chapter: 

19-A 

Commission on the Arts 

19-A:1 Declaration of Policy. It is hereby found that many of our 
citizens lack the opportunity to view, enjoy or participate in living the- 
atrical performances, musical concerts, operas, dance and ballet recitals, 
art exhibits, examples of fine architecture, and the performing and fine 
arts generally. It is hereby further found that, with increasing leisure time, 
the practice and enjoyment of the arts are of increasing importance and 
that the general welfare of the people of the state will be promoted by 
giving further recognition to the arts as a vital aspect of our culture and 
heritage and as a valued means of expanding the scope of our educational 
programs. It is hereby declared to be the policy of the state to join with- 
private patrons and with institutions and professional organizations con- 
cerned with the arts to insure that the role of the arts in the life of our 
communities will continue to grow and will play an ever more significant 



192 Chapter 194 [1965 

part in the welfare and educational experience of our citizens. It is fur- 
ther declared that all activities undertaken by the state in carrying out 
this policy shall be directed toward encouraging and assisting rather than 
in any ^vays limiting the freedom of artistic expression that is essential for 
the A\ell-being of the arts. 

19-A:2 Commission Created. A state commission, to be known as 
the Ne\v Hampshire Commission on the Arts, is hereby created and estab- 
lished. The commission shall consist of nine members, broadly repre- 
sentative of all fields of the performing and fine arts, to be appointed by 
the governor with the advice and consent of the council from among pri- 
vate citizens who are Avidely known for their professional competence 
and experience in connection with the performing and fine arts. In mak- 
ing such appointments, due consideration shall be given to the recom- 
mendations made by representative civic, educational and professional 
associations and groups, concerned with or engaged in the production 
or presentation of the performing and fine arts generally. 

19-A:3 Terms of Office. The term of office of each member shall be 
five years, provided, however, that of the members first appointed, three 
shall be appointed for terms of one year, three for terms of f^vo years, 
three for terms of three years. The governor shall designate a chairman 
from the members of the commission, to serve as such. The chairman shall 
be the chief executive officer of the commission. All vacancies shall be 
filled for the balance of the unexpired term in the same manner as orig- 
inal appointments. 

19-A:4 Compensation. No member of the commission shall receive 
any compensation for his services. 

19-A:5 Duties. The duties of the commission shall be: 

To stimulate and encourage throughout the state the study and pres- 
entation of the performing and fine arts and public interest and partici- 
pation therein; 

To make such surveys as may be deemed advisable of public and 
private institutions engaged within the state in artistic and cultural activi- 
ties, including but not limited to, music, theatre, dance, painting, sculp- 
ture, architecture, and allied arts and crafts, and to make recommenda- 
tions concerning appropriate methods to encourage participation in and 
appreciation of the arts to meet the legitimate needs and aspirations of 
persons in all parts of the state; and 

To take such steps as may be necessary and appropriate to encourage 
public interest in the cultural heritage of our state and to expand the 
state's cultural resources. 

19-A:6 Powers. The commission is hereby authorized and empow- 
ered to hold public or private hearings; to accept gifts, contributions and 



1965] Chapter 195 193 

bequests of unrestricted funds from individuals, foundations, corporations 
and other organizations or institutions for the purpose of furthering the 
educational objectives of the commission's programs; to make and sign 
any agreements and to do and perform any acts that may be necessary, de- 
sirable or proper to carry out the purposes of this act. The commission 
may request and shall receive from any department, division, board, bu- 
reau, commission or other agency of the state such assistance and data as 
will enable it properly to carry out its powers and duties hereunder. 

19-A:7 Reports. The commission shall make interim reports to the 
governor and the legislature from time to time. 

194:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 195. 

AN ACT RELATIVE TO BAIL COMMISSIONERS. 

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

195:1 Bail Commissioners. Amend RSA 597:20 by striking out said 
section and inserting in place thereof the following: 597:20 Fees. The 
bail commissioners in such cases shall be entitled to a fee of two dollars 
when called between the hours of nine o'clock in the morning and five 
o'clock at night Monday through Friday; and a fee of four dollars when 
called at any other time. 

195:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 196. 

AN ACT TO REQUIRE REGISTERS OF PROBATE TO NOTIFY REGISTERS OF DEEDS 
OF DEATH OF PERSON OWNING REAL ESTATE IN THE STATE. 

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

196:1 Register of Probate. Amend RSA 548 by inserting after section 
7 the following new section: 548:7-a Record of Decedent's Real Estate. 
Whenever it appears from the inventory or any other instrument per- 



194 Chapter 197 [1965 

taining to real estate filed with the register of probate in connection with 
the administration of any estate that the estate contains real estate located 
in another county within the state, the register of probate shall notify 
within fifteen days, the register of deeds of the county in which the real 
estate lies of the name and date of death of the decedent. A register of 
deeds who receives such a notice shall record in the grantor's index of 
his office the name of the decedent, his date of death, and the county in 
^diich the estate is being probated. The cost for filing said notice shall be 
assigned to the estate. 

196:2 Effective Date. This act takes effect January 1, 1966. 
[Approved June 28, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 197. 

AN ACT RELATIVE TO TIME OF FILING FOR CITY AND TOWN ELECTIONS. 

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

197:1 Non-Partisan Ballot. Amend RSA 59:73 by striking out in 
line ten the words "on or before six" and inserting in place thereof the 
following, no earlier than thirty-five days before and no later than five, 
so that said section as amended shall read as follows: 59:73 Adoption of 
Non-Partisan Ballot System. Towns may adopt a non-partisan ballot sys- 
tem, as hereinafter provided, for the election of town officers under an 
article in the warrant for any annual or special meeting at which action 
is to be taken, and may rescind such action in like manner. If such ballot 
system is adopted by a toAvn, the system shall not be in effect in said town 
until the town meeting next follo^ving the meeting at which such action 
is taken. In towns where this ballot system is in force, a plurality vote shall 
elect. The town clerk shall prepare the ballots and all candidates for office 
shall file their declarations of candidacy or petitions of nomination with 
the town clerk no earlier than thirty-five days before and no later than five 
o'clock in the evening of the second Monday next preceding the day of 
the election. 

197:2 Australian Ballot. Amend RSA 59:74 by inserting in line three 
after the word "him" the following, no earlier than thirty-five days and 
no later than; further amend said section by striking out in line five the 
word "six" and inserting in place thereof the word, five, so that said sec- 
tion as amended shall read as follo^vs: 59:74 Special Provisions. W^here 
the Australian ballot system is in force at local elections a plurality shall 
elect, the city or town clerk shall prepare the ballot and nominations shall 
be filed with him no earlier than thirty-five days and no later than seven 



1965] Chapter 198 195 

days before the election. The number of days herein given shall include 
Sunday and shall end on the day before election at five o'clock in the after- 
noon. 

197:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 198. 

AN ACT RELATIVE TO APPOINTMENT OF PROCESS AGENT BY FOREIGN 

CORPORATION. 

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

198:1 New Sections. Amend RSA Chapter 300 by inserting after 
section 13 thereof the following new sections: 300:14 Appointment of 
Process Agent by Foreign Corporation. If a foreign corporation makes a 
contract with a resident of New Hampshire to be performed in whole or 
in part by either party in New Hampshire, or if such foreign corporation 
commits a tort in whole or in part in New Hampshire against a resident 
of New Hampshire, such acts shall be deemed to be doing business in 
New Hampshire by such foreign corporation and shall be deemed equiva- 
lent to the appointment by such foreign corporation of the secretary of 
the state of New Hampshire and his successors to be its true and lawful 
attorney upon whom may be served all lawful process in any actions or 
proceedings against such foreign corporation arising from or growing out 
of such contract or tort. The making of such contract or the committing 
of such tort shall be deemed to be the agreement of such foreign corpora- 
tion that any process against it which is so served upon the secretary of 
state shall be of the same legal force and effect as if served on the foreign 
corporation at its principal place of business in the state or country where 
it is incorporated and according to the law of that state or country. 

300:15 Service of Process on Secretary of State. Service of process by 
virtue of this section 15 and section 14 of this chapter shall be made by 
leaving a copy thereof, with a fee of three dollars, in the hands or office 
of the secretary of state, and such service shall be sufficient provided that 
notice thereof and a copy of the process forthwith sent by registered mail, 
postage prepaid, by the plaintiff or his attorney to the defendant corpora-, 
tion at its principal place of business in the state or country in which it is 
incorporated (which principal place of business shall be stated in such 
process) and the defendant corporation's return receipt and the affidavit 
of the plaintiff or his attorney of compliance therewith are appended to 



196 Chapter 199 [1965 

the Avrit and entered therewith. In the event that the notice and copy of 
the process are not delivered to the defendant, the superior court may 
order such additional notice, if any, as justice may require. 

300:16 Record of Process. The secretary of state shall keep a record 
of all such processes, served under section 15, which shall show the date 
and hour of service. 

300:17 Continuance of Action; Costs. The court in which the action 
is pending may order such continuances as may be necessary to afford the 
defendant reasonable opportunity to defend the action. The fee of three 
dollars paid to the secretary of state by the plaintiff at the time of the 
service shall be taxed in his costs if he prevails in his suit. 

198:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 199. 

AN ACT RELATIVE TO SUPERVISORY UNIONS. 

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

199:1 Powers of Supervisory Unions Enlarged. Amend para- 
graph I of RSA 186:11 by striking out the paragraph and inserting in its 
place the following: I. Supervisory Unions. Combine the several school 
districts in the state into not more than fifty supervisory unions consist- 
ing of one or more school districts. Such supervisory unions legally organ- 
ized shall be corporations, with power to sue and be sued, to hold and 
dispose of real and personal property for the establishment of facilities 
for administration and any instructional purposes, and to make necessary 
contracts in relation to any function of the corporation. In forming such 
unions the state board shall continue the unions theretofore formed, 
when that is the reasonable thing to do, and shall dissolve supervisory 
unions and form new unions when it finds that such an action promotes 
the best interests of the schools. 

199:2 Superintendent to Nominate Assistants. Amend RSA 189:43, 
as amended by 1961, 196:4, by striking out the section and inserting in its 
place the following: 189:43 Organization and Duties. The school board 
of each supervisory union shall meet between April first and Jiuie first in 
each year, at a time and place fixed by the chairmen of the several boards, 
and shall organize by choosing a chairman, a secretary, and a treasurer. 
The school board of each supervisory union, when necessary shall nom- 



1965] Chapter 199 197 

inate a superintendent and, upon the nomination of the superintendent 
of schools, approve one or more assistant superintendents, teacher con- 
sukants, and business administrators. The school board of each super- 
visory union shall fix the salaries of all supervisory union personnel and 
shall apportion the expense of the salaries among the several districts, and 
shall certify the apportionment to tlieir respective treasurers and to the 
state board of education. 

199:3 Federal Assistance . Amend RSA 189 by inserting after section 
43 as amended by 1961, 196:4 the following new section: 189:43-a Fed- 
eral Assistance. Supervisory union boards are hereby authorized to co- 
operate with the federal government or any agency thereof to request, 
receive and expend federal funds for educational purposes. 

199:4 Additional Salaries. Amend RSA 189:44, as amended by 1961, 
196:5, by striking out the section and inserting in its place the following: 
189:44 Additional Salaries. Any union may add such sum as it sees fit to 
the salary of the superintendent, assistant superintendent, teacher consult- 
ant, and business administrator as fixed by the state board, and in that 
event the treasurer of the union shall pay such local share of the salary or 
salaries into the state treasury, the proportion for each district to be as 
provided by RSA 189:47. 

199:5 Extension of Voting Rights. Amend RSA 189:46 by striking 
out the section and inserting in its place the following: 189:46 Addi- 
tional Voting Rights. In voting on the selection of supervisory union 
personnel, the salaries relating thereto, and all other business required 
for the operation of a supervisory union office, each district employing 
more than eight full-time teachers for pay shall be entitled to one addi- 
tional vote for each five teachers or major part thereof regularly employed 
during the current year in excess of eight. Such additional votes shall be 
cast as determined by the individual school boards or their representatives 
in the supervisory union. 

199:6 Districts to Share All Expenses. Amend RSA 189:47, as amend- 
ed by 1961, 196:6, by striking out the section and inserting in its place the 
following: 189:47 Budget. At a meeting held before January first of each 
year the supervisory union board shall adopt a budget required for the 
expenses of the supervisory union for the next fiscal year, which budget 
may include the salary and expenses of supervisors of health, physical 
education, music, art, and guidance, and any other employees, and shall 
include the expenses necessary for the operation of the supervisory union. 
The regularly employed office personnel of the supervisory union office 
shall be deemed employees of the union in so far as payment of salaries 
and contributions to the employees retirement system of the state of New 
Hampshire are concerned. The supervisory union board shall apportion 
the total amount of the budget among the constituent school districts in 
the following manner. The basis for the apportionment shall be one-half 



198 Chapter 200 [1965 

on the average membership in attendance for the previous school year 
and one-half on the most recent equalized valuation of the district. Prior 
to January fifteenth in each year, the board shall certify to the chairman of 
the school board of each constituent school district the amount so appor- 
tioned. Each district ^vithin a supervisory union shall raise at the next an- 
nual district meeting the sum of money apportioned to it by the supervisory 
union board for the expenses of services which each district received in 
connection with the union office. The provisions of this section shall not 
apply to the supervisory unions comprising only one district. The super- 
visory union board in adopting the budget shall not add any new service 
to the supervisory union budget unless a majority of the school districts 
in the supervisory union representing not less than eighty-five per cent 
of the total pupils in the supervisory union have voted favorably upon 
the establishment of the service. A vote to accept a new service shall not 
be construed as a vote to raise and appropriate money within the meaning 
of RSA 197:3. 

199:7 Reports to Include Additional Personnel. Amend RSA 189:48, 
as amended by 1961, 196:7, by striking out the section and inserting in 
its place the following: 189:48 Reports. Each superintendent of a super- 
visory union shall annually prepare a report of the total salary paid to 
the superintendent showing in detail the amount paid by the state and 
each local school district, and their share of same. Said report shall be 
filed with the school board of each school district involved and shall be 
included in the annual report of the respective school district as a sepa- 
rate entry. A like report and entry shall be made for each assistant superin- 
tendent, teacher consultant, and business administrator, if any is in service 
in the union. 

199:8 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 200. 

AN ACT RELATIVE TO THE SALE OF SWEEPSTAKES TICKETS. 

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

200:1 Authority Enlarged. Amend RSA 284:21-h (supp) as inserted 
by 1963, 52:1 and amended by 1963, 200:3 by striking out the same and 
inserting in place thereof the following: 284:2 1-h Authorization; Sale of 
Tickets; Advertising. I. The sweepstakes commission is hereby author- 
ized 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 



1965] Chapter 201 199 

and conducted under this chapter, but not else^vhere, not over two sweep- 
takes races in each calendar year. 

II. Tickets for such sweepstakes: 

(a) Shall be sold by the sweepstakes commission (1) in state liquor 
stores and the state liquor commission is hereby directed to cooperate 
Avith the s'^veepstakes commission in the sale of such tickets, and (2) within 
the enclosure of any track where a race or race meet is conducted by li- 
cense issued under this chapter and the sweepstakes commission is author- 
ized to request and accept the cooperation of the licensee in the sale of 
such tickets therein. 

(b) May be sold by the sweepstakes commission in the following lo- 
cations: branch offices of the commission, to be established at the informa- 
tion area adjacent to the Hampton toll station and the Hooksett toll 
station, and the commission's office in Concord. Each branch office at the 
Hooksett and Hampton toll stations will be in a new building to be con- 
structed by the department of public works and highways in accordance 
with their design and specifications. The sweepstakes commission is hereby 
authorized to contract with the department of public works and highways 
for the construction of these buildings, the cost of which will be a charge 
against sweepstakes revenue. Tickets sold at any of the locations provided 
for by this sub-paragraph shall be sold only by sweepstakes commission 
employees. 

III. No tickets shall be sold at any locations to minors. 

IV. The SAveepstakes commission is authorized to advertise the sale 
of tickets at each sales location. Any other advertising by the sweepstakes 
commission of ticket sales will require prior approval of Governor and 
Council. 

200:2 Takes Effect. This act shall take effect on passage. 
[Approved June 28, 1965.] 
[Effective date June 28, 1965.] 



CHAPTER 201. 

AN ACT RELATIVE TO THE DISPOSAL OF GARBAGE AND REFUSE. 

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

201:1 Offensive Matter. Amend RSA 147:13 by striking out said 
section and inserting in place thereof the following: 147:13 Offensive 
Matter. If a person shall place, leave, or cause to be placed or left, in or 
near a highway, street, alley, public place, wharf or on a private disposal 



200 Chapter 201 [1965 

site except as provided in section 30-d or shall allow to be exposed un- 
buried, any animal or other substance liable to become putrid or offensive, 
or injurious to the public health or deposits garbage or refuse on premises 
not designated as public dumping facilities in accordance with the pro- 
visions of sections 23 to 29, he shall be fined not more than twenty-five 
dollars, and the health officer shall remove or cause to have removed the 
same. Provided that nothing herein shall be construed as affecting author- 
ized collections of garbage or refuse for public dumping facilities. 

201:2 Public Dumps. Amend RSA 147:24 by striking out the section 
and inserting in place thereof the following: 147:24 Terms Defined. As 
used in this subdivision the following words shall be construed as follows: 
(1) The term "public dumping facilities" means any reasonable provisions 
for the depositing or disposing of garbage or refuse by the public main- 
tained by public funds. (2) The term "garbage" means all waste animal, 
fish, fowl, fruit or vegetable matter produced from or resulting from the 
use or storage of food for human consumption. (3) The term "refuse" 
means all combustible rubbish, ashes other than fuel ashes, and ordinary 
commercial wastes. Building or construction wastes and industrial wastes 
as defined in RSA 149: 1 are not included as refuse. 

201:3 Private Disposal Site. Amend RSA 147 by inserting after sec- 
tion 30 the following new subdivision: 

Private Disposal Site 

147:30-a Definition. The term "private disposal site" means any site, 
location, tract of land, area, building, structure or premises owned and 
maintained by a person, company, corporation or interest which is used 
or intended to be used for the depositing or disposing by burying, in- 
cinerating or other means of garbage or refuse as defined in section 24, 
provided such site is not being designated for public dumping or main- 
tained by public funds. 

147:30-b Prohibition — Penalty. Any person, company, corporation 
or interest who operates or maintains a private disposal site within the 
meaning of section 30-a and except as provided in section 30-d, shall be 
fined one hundred dollars for each day of such violation after notice as 
provided in section 4. 

147:30-0 Injunction. In addition to the provisions of section 30-b, 
the superior court, upon complaint of the health officer or the director, 
division of public health services, shall have jurisdiction to restrain and 
enjoin any person, company, corporation, or interest, from operating a 
private disposal site and it shall be the duty of the county attorneys in 
their respective counties, to enforce, and restrain the violations of this 
subdivision. 



1965] Chapter 202 201 

147:30-d Exemption. Nothing in this subdivision shall be construed 
to prohibit the maintenance of a dump site located on a person's own 
property used for the express purpose of depositing garbage and refuse 
from his own residence nor shall it be applicable to persons transporting 
garbage for the purpose of feeding swine or other animals nor to indi- 
viduals hauling or storing animal or poultry manure for use as fertilizer. 

201:4 Special Provisions. Amend RSA 147 by inserting after section 
28 the folloAv ing new section: 147:28-a Certain Commercial Disposal Pro- 
hibited. No person, company, corporation or interest engaged in the 
business of collecting and disposal of garbage or refuse, for a consideration, 
from out-of-state residences or business facilities shall deposit such garbage 
or refuse on a public dumping facility in this state. Whoever shall violate 
a provision of this section shall be fined one hundred dollars for each 
offense. 

201:5 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28 ,1965.] 
[Effective date August 27, 1965.] 



CHAPTER 202. 

AN ACT TO REMOVE EMPLOYEES WORKING UNDER THE FEDERAL MINIMUM 
WAGE LAW FROM THE PROVISIONS OF THE MINIMUM HOURLY RATE, AND TO 
REMOVE CHILDREN WORKING FOR THEIR PARENTS, AND SPOUSES WORKING 
FOR EACH OTHER, FROM THE PROVISIONS OF THE MINIMUM WAGE LAW. 

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

202:1 Hourly Rate. Amend RSA 279:26 by striking out the section 
and inserting in its place the following: 279:26 Application. Sections 21 
through 25 of this chapter shall not apply to employees whose employment 
is subject to the provisions of the United States Fair Labor Standards Act 
of 1938, as amended, and regulations or orders issued thereunder, except 
that should any minimum rates established by these sections be highei 
than those under the federal law they shall prevail. 

202:2 Exceptions. Amend RSA 279 by inserting after section 26 as 
amended by section 1 of this act the following new section: 279:26-a Ap- 
plication to Parents, Spouses, Etc. The provisions of this chapter shall not 
apply to a child employed by his parents, grandparents, or a person or 
persons in place of his parents or grandparents, employing his own child, 
grandchild or a child in his custody, who furnishes full maintenance to 
such child. Nor shall the provisions apply to a spouse working for the 



202 Chapter 203 [1965 

other spouse on a volunteer basis when the spouse who works does not 
expect or claim any pay for the work, other than the support derived from 
the other spouse's profits in the business. 

202:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 203. 

AN ACT TO PROVIDE FOR THE USE OF DISTINCTIVE FLAGS OR DISTRESS SIGNALS 
BY HANDICAPPED OR PARAPLEGIC OPERATORS OF MOTOR VEHICLES. 

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

203:1 Distress Signals. Amend RSA 260 by inserting after section 
18-a (supp) as inserted by 1957, 160:1 a new section as follows: 260:18-b 
Distress Signals for Handicapped or Paraplegic Persons. I. The director 
of safety shall make available, at no cost to the state, and shall design and 
approve, a flag or other suitable distress signal to be used by persons who 
are handicapped or paraplegic, or by drivers holding walking disability 
identification cards. The distress signal may be displayed in an emergency 
only. It shall be displayed from the driver's left front window. 

II. Any person who is not a handicapped or paraplegic person or 
who does not hold a walking disability identification card who uses the 
above mentioned flag as a distress signal or for any other purpose who 
violates any provisions of this section shall be fined not more than one 
hundred dollars. 

203:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 204. 

AN ACT RELATIVE TO PAYMENT OF FEES BY FOREIGN CORPOR.\TIONS. 

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

204:1 Foreign Corporations. Amend RSA 300:3 (supp) as amended 
by 1955, 171:9 by striking out said section and inserting in place thereof 
the following: 300:3 Fees; Appointment of Agent. Every foreign cor- 



1965] Chapter 205 203 

poration (except foreign insurance companies, to whom this chapter shall 
not apply, and except holders of certificates of approval issued under the 
provisions of sections 26 and 28 of RSA chapter 181, and corporations 
otherwise specifically required to register with and consent to service of 
process upon a state official) desiring to do business in this state, shall pay 
a registration fee of fifty dollars and shall pay an annual maintenance 
fee of thirty-five dollars payable to the secretary of state on the first busi- 
ness day of April following the date of registration and on the first busi- 
ness day of April thereafter, and continuously maintain in this state 

(a) a registered office which may or may not be the same as its place 
of business in this state; and 

(b) a registered agent, which agent may be the secretary of state and 
his successor or successors in office or an individual resident in or a cor- 
poration authorized to do business and act as such agent in this state, 
whose office is identical with such registered office. 

(c) the secretary of state shall in December each year, notify all cor- 
porations registered hereunder of the fees to become due hereunder on 
the first business day of the April following; and shall in April notify all 
corporations who may have failed to pay the fees required hereunder. 

204:2 Requirements. Amend RSA 300 by inserting after section 5 
as amended by 1955, 171:10 the following new section: 300:5-a Annual 
Return. Every foreign corporation to which this chapter shall apply, 
when making its annual return on or before April first as provided by 
RSA 294:105, shall pay to the secretary of state a filing fee of fifteen dol- 
lars. This fee shall be in addition to the annual maintenance fee of thirty- 
five dollars required by section 3 of this chapter. 

204:3 Takes Effect. This act shall take effect as of December 1, 1965. 
[Approved June 28, 1965.] 
[Effective date December 1, 1965.] 



CHAPTER 205. 

AN ACT INCREASING PENALTIES FOR VIOLATIONS OF RULES AND REGULATIONS 
AT STATE FORESTS AND RESERVATIONS. 

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

205:1 Public Forest Lands. Amend RSA 219:7 as amended by 1961, 
223:3 by striking out said section and inserting in place thereof the fol- 
lowing: 219:7 Rules and Regulations. The department of resources and 
economic development is authorized to make such rules and regulations 



204 Chapter 206 [1965 

as it deems necessary, not inconsistent with law, concerning the use of all 
state forests and reservations by the general public. Any person found 
guilty of violating any of such rules and regulations may be evicted from 
said lands and shall be fined not more than two hundred dollars. 

205:2 Takes Effect. This act shall take effect upon passage. 
[Approved June 28, 1965.] 
[Effective date June 28, 1965.] 



CHAPTER 206. 

AN ACT RELATING TO PROPERTY HOLDINGS BY THE PEOPLE CALLED FRIENDS 

OR QUAKERS. 

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

206:1 Holding Property. Amend RSA 306:11 by inserting after the 
word "Quakers" in the second line the words, and each monthly meeting 
thereof; further amend said section by striking out the word "five" in the 
eighth line, and inserting in place thereof the w^ord ten, so that said sec- 
tion is amended to read as follows: 306:11 Quakers. The standing finan- 
cial committee of each monthly meeting of the people called Friends or 
Quakers, and each monthly meeting thereof, shall be a body corporate, 
to take and hold in succession grants and donations of real or personal 
estate made to the use of such meeting, or to the use of any preparative 
meeting belonging thereto, and to alien or manage such real and personal 
estate according to the terms and conditions of the grants and donations, 
and to prosecute and defend in any action touching the same; but the 
whole income of the grants and donations shall not exceed the sum of ten 
thousand dollars a year. 

206:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 28, 1965.] 
[Effective date June 28, 1965.] 



CHAPTER 207. 

AN ACT RELATING TO OPERATORS' AND CHAUFFEURS' LICENSES, THE AGE OF 
SCHOOL BUS OPERATORS, AND CONDUCT AFTER A MOTOR VEHICLE ACCIDENT. 

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

207:1 Operators and Commercial Operators. Amend RSA 261:1 by 
striking out the section and inserting in its place the following: 261:1 



1965] Chapter 207 205 

License to Operate Motor Vehicles. No person, except those hereinafter 
expressly exempted shall operate any motor vehicle upon a highway in 
this state unless such person has a valid license as an operator or commer- 
cial operator under the provisions of this chapter. No person shall receive 
an operator's license unless and until he surrenders to the division all 
valid operator's licenses in his possession issued to him by any other juris- 
diction. All surrendered licenses shall be returned by the division to the 
issuing department together with information that licensee is now licensed 
in new jurisdiction. No person shall be permitted to have more than one 
valid operator's license at any time. Applications for such license may be 
made by mail or otherwise to the commission on blanks prepared under 
his authority. Such application shall contain the words, "This applica- 
tion is signed under penalty of perjury." The proper fee shall be deposited 
before the application is granted. 

207:2 Cancellation of License. Amend RSA 261 by adding at the 
end of the chapter a new section as follows: 261:25 Cancellation of 
Minors License. The division upon receipt of satisfactory evidence of 
the death of the person who signed the application of a minor for a li- 
cense shall cancel such license and shall not issue a new license until such 
time as a new application, duly signed and verified, is made as required 
by this chapter. This provision shall not apply in the event the minor has 
attained the age of eighteen years. 

207:3 School Bus Operators. Amend RSA 263:29 by striking out 
the word "eighteen" and inserting in its place the word, twenty-one, so 
that the section is amended to read as follows: 263:29 — Age of Operator; 
Certification. No person shall operate a school bus as provided in sections 
25 and 27, unless he is twenty-one years of age or over and has been certi- 
fied for said operation by the school board, as provided in section 28. 

207:4 Conduct After Accident. Amend RSA 262-A:67 (supp) as 
amended by 1957, 144:1 and 1963, 330:1 by striking out the words "forth- 
with bring his vehicle to a stop, return to the scene of the accident" and 
inserting in their place the words, immediately stop such vehicle at the 
scene of the accident and, so that the section is amended to read as follows: 
262-A:67 Conduct After Accident. Any person who is the operator of a 
motor vehicle who is knowingly involved in any accident which results 
in death, personal injury or damages to property, shall immediately stop 
such vehicle at the scene of such accident and give to the operator of any 
other vehicle involved in said accident, and to the person injured, or the 
owner of the property damaged, his name and address, the number of the 
driver's license, the registration number of the motor vehicle and the name 
and address of each occupant thereof. If by reason of injury, absence or 
removal from the place of the accident, or other cause, such injured per- 
son, or operator of such other motor vehicle, or owner of the property 
damaged, or any of them, is unable to understand or receive the informa- 



206 Chapter 208 [1965 

tion required hereunder, such information shall be given to any uni- 
formed police officer arriving at the scene of the accident or immediately 
to a policeman at the nearest police station. Any person operating a motor 
vehicle -which is in any manner involved in an accident in which any per- 
son is injured or killed, or resulting in damage to property in excess of 
fifty dollars, shall within forty-eight hours after such accident report in 
•waiting to the director of the division of motor vehicles the facts required 
hereunder tooether -^vith a statement of the circumstances of the accident; 
provided, however, that voluntary intoxication shall not constitute a de- 
fense in the matter of knowledge under the provisions of this section. 
Such report, the form of which shall be prescribed by the said director, 
shall contain information to enable the said director to determine whether 
the requirements for the deposit of security under section 5 of chapter 
268 RSA, are inapplicable by reason of the existence of insurance or other 
exceptions specified in that chapter. If such operator be physically or men- 
tally incapable of making such report, the owner of the motor vehicle 
involved in such accident or his representative shall, after learning of the 
accident, forthwith make such report. The operator or the owner shall 
furnish such additional relevant information as said director shall require. 
The provisions of this section shall be of general application and shall not 
be restricted to a public way as defined in RSA 259. 

207:5 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 208. 

AN ACT RELATIVE TO BENEFITS AND TAXING PROVISIONS UNDER THE 
UNEMPLOYMENT COMPENSATION LAW. 

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

208:1 Maximum Benefits. Amend paragraph (1) of RSA 282:2-B 
(supp) as amended by 1955, 7:1; 1959, 28:1; 1961, 88:7 and 228:1 and 
1963, 194:3, by striking out said paragraph and inserting in place thereof 
the following: 

(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: 



1965] 



Chapter 


208 




B 




C 


Maximum Weekly 


Maximum 


Benefit Amount 


Benefits 


$13 




$338 


16 




416 


19 




494 


21 




546 


24 




624 


28 




728 


31 




806 


34 




884 


37 




962 


40 




1,040 


41 




1,066 


43 




1,118 


45 




1,170 


46 




1,196 


47 




1,222 


49 




1,274 



207 



Annual Earnings 
of Not Less Than 

$600 
900 
1,200 
1,500 
1,700 
2,000 
2,300 
2,600 
2,800 
3,000 
3,200 
3,400 
3,600 
3,900 
4,200 
4,500 

208:2 Availability. Amend subsection C of RSA 282:3 (supp) as 
amended by 1955, 141:8, by striking out said subsection and inserting in 
place thereof the following: 

C. He is ready, willing and able to accept and perform suitable work 
on all the shifts, except that women shall not be disqualified for refusing 
to accept work during the hours of the so-called third shift, and during 
all the hours for which there is a market for the services he offers and that 
he has exposed himself to employment to the extent commensurate with 
the economic conditions and the efforts of a reasonably prudent man seek- 
ing work. 

208:3 Disqualifications. Amend subsection A of RSA 282:4 (supp) 
as amended by 1955, 141:9; 1957, 118:4 and 1959, 28:2, by striking out 
said subsection and inserting in place thereof the following: 

A. Until the individual has earned in each of three weeks wages in 
employment as defined in section 1-H, except 1-H(4) (f), (g), (q) and (r) 
or wages earned in a like manner in another state, equal to or in excess of 
three dollars more than his weekly benefit amount subsequent to the date; 

(1) He left his work voluntarily without good cause in accordance 
with rules and regulations of the commissioner. This subsection shall not 
apply and benefits shall be paid without regard thereto where an unem- 
ployed individual, not under a disqualification, accepts employment ^vhich 
would not have been deemed suitable work under subsection A(3) of this 
section and terminates such employment within a period of not more 



208 Chapter 208 [1965 

than four (4) consecutive weeks of employment with or without good 
cause: 

(2) He was discharged for misconduct connected with his work, if 
so found by the commissioner; 

(3) He failed, without good cause, either to apply for available, suit- 
able ^vork when so directed by the employment office or the commissioner 
or to accept suitable work when offered him, or to return to his customary 
self-employment (if any) when so directed by the commissioner. 

(a) The commissioner, in determining whether or not any Avork is 
suitable for an individual, shall consider the following: 

(1) The degree of risk involved to his health, safety and morals; and 

(2) His physical fitness; and 

(3) His prior training; and 

(4) His experience; and 

(5) His prospects for securing, in his labor market area, work in his 
customary occupation; and 

(6) The distance of the available work from his residence; and 

(7) His prior earnings and length of unemployment, but his prior 
earnings shall be given more weight than his length of unemployment. 

(b) Notwithstanding any other provisions of this chapter, no work 
shall be deemed suitable and benefits shall not be denied under this chap- 
ter to any otherwise eligible individual for refusing to accept new ^vork 
under any of the following conditions: 

(1) If the position offered is vacant due directly to a strike, lockout, 
or other labor dispute; 

(2) If the wages, hours or other conditions of the "^vork are substan- 
tially less favorable to the individual than those prevailing for similar 
work in the locality; 

(3) If as a condition of being employed the individual would be re- 
quired to join a company union or to resign from or refrain from joining 
any bona fide labor organization. 

208:4 Repeal. Subsection B of RSA 282:4 (supp) relative to dis- 
charge for misconduct connected with work, is hereby repealed. 

208:5 Repeal. Subsection E of RSA 282:4 (supp) relative to suitable 
work, is hereby repealed. 

208:6 Interested Party. Amend subparagraph (c) of RSA 282:5-B(l) 
(supp) as amended by 1955, 141:10, by striking out said subparagraph 
and inserting in place thereof the following: (c) Interested party. Inter- 
ested party shall be the claimant, his last employing unit or employer, 



1965] Chapter 208 209 

any employer whose account was or may be charged with benefits paid and 
any employing unit or employer Avhenever the claimant's reason for leav- 
ing their employ may be material to his claim. 

208:7 Appeal Tribunal Member Per Diem. Amend paragraph (2) 
of RSA 282:5-C (supp) as amended by 1955, 77:1 and 1961, 88:12, by strik- 
ing out said paragraph and inserting in place thereof the following: 

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

208:8 Contribution Rates. Amend paragraph (4) of RSA 282:6-D 
(supp )as amended by 1955, 7:3 and 141:13, by striking out said paragraph 
and inserting in place thereof the following: 

(4) (a) No employer shall be entitled to a contribution rate of less 
than 2.7 per centum for any calendar quarter unless the balance of the 
unemployment compensation fund throughout the next preceding calen- 
dar quarter exceeded eighteen million dollars. 

(b) No employer shall be entitled to a contribution rate less than 
the rates delineated in Schedule I of subsection (8) of this section unless 
the unemployment compensation fund throughout the next preceding 
calendar quarter exceeded twenty million dollars. 

(c) No employer shall be entitled to a contribution rate less than 
the rates delineated in Schedule II of subsection (9) of this section unless 
the unemployment compensation fund throughout the next preceding 
calendar quarter exceeded twenty-four million dollars. 

(d) There shall be added in any calendar quarter to every employer's 
contribution rate as delineated in subsections (9) and (10) of this section 
.15 per centum whenever the unemployment compensation fund fails to 
equal or exceed twenty-four million dollars throughout fifty days of the 
next preceding calendar quarter. 

(e) There shall be added in any calendar quarter to every employer's 
contribution rate as delineated in subsections (9) and (10) of this section 
.3 per centum whenever the unemployment compensation fund fails to 
equal or exceed twenty-two million dollars but is greater than twenty 
million dollars throughout fifty days of the next preceding calendar 
quarter. 

(f) There shall be subtracted in any calendar quarter from every 
employer's contribution rate as delineated in subsections (9) and (10) of 
this section .15 per centum whenever the unemployment compensation 
fund equals or exceeds twenty-seven million dollars within the next pre- 
ceding calendar quarter. 



210 Chapter 208 [1965 

(g) There shall be subtracted in any calendar quarter from every 
employer's contribution rate as delineated in subsections (9) and (10) of 
this section .3 per centum whenever the unemployment compensation 
fund equals or exceeds twenty-nine million dollars ^vithin the next pre- 
ceding calendar quarter. 

(h) There shall be subtracted in any calendar quarter from every 
employer's contribution rate as delineated in subsections (9) and (10) of 
this section .5 per centum whenever the unemployment compensation 
fund equals or exceeds thirty-one million dollars within the next pre- 
ceding calendar quarter. 

(i) The increases and decreases in contribution rates provided in 
subparagraphs (a) through (h) above shall be individual and not cumu- 
lative. 

(j) Notwithstanding subparagraphs (a) through (i) abovf, no em- 
ployer shall be entitled to a contribution rate of less than .15 per centum 
at any time. 

208:9 Experience Period, Election. Amend RSA 282: 6-D (supp) by 
inserting after paragraph (10) the following new paragraph (11): 

(11) Notwithstanding any other provision of this chapter, an em- 
ployer whose contribution rate is determined to be 3.5 per centum or 
more may, on or before a computation date, elect to have his contribution 
rate thereafter computed on each computation date solely on the then 
most recent five calendar years' experience. Such election by an employer 
shall be irrevocable. Provided, that in the event of such election, no rate 
shall be assigned lower than 2.7 per centum at any time thereafter. 

208:10 Commissioner and Deputy. Amend section 9 of RSA 282 by 
inserting after subsection F the following new subsection: 

F-1. Bonds. The commissioner and the deputy commissioner shall 
each give a bond conditioned upon the faithful performance of his duties 
under this chapter, in the amount of one hundred fifty thousand dollars. 
Premiums for such bonds shall be paid from the unemployment compen- 
sation and employment service administration fund and purchased by 
the division of purchase and property. 

208:11 Records and Reports. Amend paragraph (1) of RSA 282:9-M 
(supp) as amended by 1955, 141:15 by striking out said paragraph and 
inserting in place thereof the following: (1) Each employing unit shall 
keep true and accurate work records, for such periods of time and con- 
taining such information as the commissioner may, by regulations, pre- 
scribe. Such records shall be open to inspection and subject to be copied 
or reproduced by the commissioner, or his authorized representatives in 
this state at any reasonable time and as often as may be necessary at a 
place selected by the commissioner. The commissioner may, at his discre- 



1965] Chapter 208 211 

tion, notify any employer of the prospective benefit rights of any indi- 
vidual in his employ. The commissioner may upon petition for cause 
authorize such records as he requires be maintained to be physically lo- 
cated in a state other than New Hampshire; however, when such petition 
is allowed, such records may, in the sole judgment of the commissioner, 
be examined at the department administrative office in this state or at 
their location outside this state. Where examination occurs outside this 
state a penalty equal to all costs attendant thereupon, solely as computed 
by the commissioner, shall be paid by the employer to the department. 

208:12 Use of Records. Amend paragraph (7) of RSA 282:9-M (supp) 
as amended by 1957, 118:12, by striking out said paragraph and inserting 
in place thereof the following: (7) No records of any type in any form 
whether copies, compilations or reproductions pertaining to any indi- 
vidual or employing unit obtained in the course of or growing out of the 
administration of this chapter, or oral testimony relative thereto, as to 
either a specific person or in general shall be available for use in any pro- 
ceeding, administrative or judicial; except that a necessary party to a 
proceeding directly and primarily concerned with workmen's compensa- 
tion or an employer-employee relationship may by the use of valid judi- 
cial process obtain such records as directly relate to the necessary parties 
to the proceeding, and otherwise as is provided by this chapter. In matters 
unrelated to those enumerated above, such records and oral testimony 
shall be available for use in any proceeding, administrative or judicial, 
where the state is a necessary party. No oral or written policy statements, 
opinions, advice, instructions or information of the department as to a 
specific person or in general shall be available for use in any proceeding, 
administrative or judicial through any means and any process which at- 
tempts to obtain such shall be null and void. 

208:13 Advisory Council Member Per Diem. Amend the third para- 
graph of subsection R of RSA 282:9 (supp) as amended by 1955, 77:2 by 
striking out said paragraph and inserting in place thereof the following: 
Each member of the advisory council shall be paid a fee of thirty dollars 
per day, for each day of actual attendance at called meetings of the ad- 
visory council, and shall also be reimbursed for necessary travel and other 
necessary expenses. 

208:14 Superior Court. Amend RSA 491:8-a (supp) as inserted by 
1959, 264:1 and amended by 1965, 139:1 by striking out the same and in- 
serting in place thereof the following: 491:8-a Motions for Summary 
Judgment. In any action founded on contract or arising under the pro- 
visions of RSA 282 in which the plaintiff seeks to recover a debt or liqui- 
dated demand, either party may, at any time after the defendant has 
appeared, move for immediate entry of judgment, setting forth with par- 
ticulars his cause of action or his defense. This motion shall be accom- 
panied by affidavits based upon personal knowledge of admissible facts 



212 Chapter 209 [1965 

as to ^vhich it appears affirmatively that the affiants "^vill be competent to 
testify. The facts stated in accompanying affidavits shall be taken to be 
admitted for the purpose of the motion unless within fifteen days con- 
tradictory affidavits based on personal knowledge are filed or the oppos- 
ing party shall file an affidavit showing specifically and clearly reasonable 
grounds for believing that contradictory evidence can be presented at a 
trial but cannot be furnished by affidavits. If such affidavits are not filed 
by the opposing party within said fifteen days, judgment shall be entered 
on the next judgment day in accordance with the facts. Copies of all mo- 
tions and affidavits shall upon filing be furnished opposing counsel. If 
affidavits are filed but it shall appear upon hearing that no genuine issue 
of material fact exists, judgment may be entered accordingly. 

208:15 Maximum Entitlement. For the purpose of determining 
maximum benefit entitlement under section 1 of this act benefits paid 
to an individual with respect to all weeks ending subsequent to April 1, 
1965 through October 2, 1965 shall be deemed to have been paid at the 
rates as provided in section 1 of this act. 

208:16 Takes Effect. Sections 1 and 15 of this act shall take effect 
October 3, 1965. Sections 8 and 9 of this act shall take effect January 1, 
1966. Sections 2, 3, 4, 5, 6, 7, 10, 11, 12, 13 and 14 of this act shall take 
effect sixty days after its passage. 

[Approved June 28, 1965.] 
[Effective date: 

Sections 1 and 15 — Effective October 3, 1965 
Sections 8 and 9 — Effective January 1, 1966 
Remainder of act — Effective August 27, 1965.] 



CHAPTER 209. 

AN ACT TO ADJUST SICK LEAVE OF STATE POLICE INJURED IN LINE OF DUTY. 

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

209:1 Sick Leave. Amend RSA 106-B as inserted by 1961, 166:8 by 
adding at the end thereof the following new section: 106-B: 18 Line of 
Duty Injury. Any injury received by any state police employee because of 
his assignment, patrol or duty that requires that he be hospitalized or to 
the extent that he is unable to perform his normal or routine duties shall 
not be charged against his earned sick leave or annual leave, and during 
such time his name shall remain on the payroll. The director of the divi- 
sion of state police shall make the final determination as to whether the 



1965] Chapter 210 213 

injury received is in line of duty and his decision is final, subject to ap- 
proval of governor and council. 

209:2 Effective Date. This act takes effect upon its passage. 
[Approved June 28, 1965.] 
[Effective date June 28, 1965.] 



CHAPTER 210. 

AN ACT RELATIVE TO REVOCATION OF HUNTING LICENSES FOR CONVICTION 
BY COURT OF ANOTHER STATE. 

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

210:1 Hunting. Amend RSA 214 by inserting after section 20 the 
following new sections: 214:20-a Conviction by Court of Another State. 

The director make revoke the hunting license of any person who shall be 
convicted of an offense similar to those described in section 20 hereof or 
in RSA 207:37, 207:38 or 208:8 by a court of any other state. 

214:20-b Copies of Record. Copies of records of convictions and no- 
tices of license revocations kept by the director of this state and other 
states and certified by him shall be deemed admissible to prove such revo- 
cations or convictions in courts. 

210:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 28, 1965.] 
[Effective date August 27, 1965.] 



CHAPTER 211. 

AN ACT RELATRT TO FIREMEN'S RETIREMENT SYSTEM. 

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

211:1 Age Lowered. Amend RSA 102:5 by striking out in line nine 
thereof the word "fifty" and inserting in place thereof the word, forty-five; 
further amend the section by striking out in lines ten and eleven thereof 
the words "the effective date of this section" and inserting in place thereof 
the words and figures, July 1, 1965, so that said section as amended shall 
read as follows: 102:5 Extended Coverage. Permanent firemen as of 
March 27, 1947, the date of the passage of this section, who were hereto- 
fore unable to accept the provisions of this chapter at the time of becom- 



214 Chapter 212 [1965 

ing permanent firemen, because they were then over thirty-five years of 
age, Avhich limitation was in effect prior to March 27, 1947, may accept 
tliis chapter and make application to the retirement board as provided in 
section 4, within thirty days after March 27, 1947 and not thereafter. The 
assessments upon the salaries of such over-age permanent firemen shall be 
fixed by the retirement board as provided in section 9 hereof. Any person 
under forty-five years of age who becomes a permanent fireman after July 
1, 1965 shall be deemed to have accepted the provisions of this chapter 
and to have consented to assessments upon his annual salary as determined 
by the retirement board, as a condition of employment. 

211:2 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 28, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 212. 

AN ACT RELATIVE TO THE COUNCIL OF RESOURCES AND DEVELOPMENT. 

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

212:1 Council of Resources and Development. Amend section 1, 
chapter 301, Laws of 1963, by striking out the entire section and inserting 
in place thereof the following: 301:1 Council Established. There shall 
be a council on resources and development composed of eleven members 
as follows: commissioner of the department of agriculture; commissioner 
of the department of education; director of the fish and game commission; 
commissioner of the department of public works and high^vays; the tech- 
nical secretary of the water pollution commission; chairman of the water 
resources board; commissioner of the department of resources and eco- 
nomic development; director of the division of economic development; 
director of the division of resources; director of the division of parks; the 
director of state planning. 

212:2 Duties. Amend section 2, chapter 301, Laws of 1963, by in- 
serting after the word "federal" the \vords, or state, so that the section is 
amended to read as follows: 301:2 Duties of the Council. The council 
shall consult upon common problems in the field of natural resources and 
their development; consult with, negotiate -with and obtain information 
from any federal or state agency that may or could be involved or con- 
cerned with any of its problems, reports, recommendations or studies; 
make such reports and recommendations as may be desirable in its opin- 
ion to the governor and council; and, subject to the approval of the board, 
commission or commissioner of the agency or department affected, make 
such studies and recommendations upon its own initiative, or upon re- 



1965] Chapter 213 215 

quest, to the general court concerning such changes as it may deem ad- 
visable to coordinate effectively the work of the agencies which have 
membership in the council. Its decisions shall be advisory only. 

212:3 Tenure of Office. Amend section 3, chapter 301, Laws of 1963, 
by striking out the entire section and inserting in place thereof the follow- 
ing: 301:3 Tenure of Members. Members shall serve without compensa- 
tion, and any member's term of office shall terminate when he ceases to 
be a member of the state agency he represents. 

212:4 Meetings. Amend section 4, chapter 301, Laws of 1963, by 
striking out the entire section and inserting in place thereof the following: 
301:4 Organization and Meetings. The first meeting of the council shall 
be held no later than thirty days after the passage of this act at the call of 
the commissioner of the department of resources and economic develop- 
ment who shall be the chairman of said first meeting. Thereafter the coun- 
cil shall meet no less often than once in every three months but may meet 
more often if it deems it advisable. The chairmanship of the council shall 
remain permanently with the director of state planning, and it shall be 
his responsibility to prepare and have delivered at least seven days before 
every meeting of the council an agenda for said meeting. 

212:5 RepeaL Section 5, chapter 301, Laws of 1963, relative to rec- 
ommendations of the state historical commission, is hereby repealed. 

212:6 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 30, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 213. 

AN ACT RELATING TO DEFINITION OF SHELLFISH. 

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

213:1 Shellfish. Amend RSA 143:20 by striking out said section and 
inserting in place thereof the following: 143:20 Definition. The term 
"shellfish", as used in this subdivision, means all fresh or frozen edible 
species of oysters, clams or mussels, either shucked or in the shell. 

213:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



216 Chapter 214 [1965 

CHAPTER 214. 

AN ACT RELATING TO THE CUSTODY AND ESCHEAT OF UNCLAIMED AND 
ABANDONED PROPERTY. 

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

214:1 Comprehensive Unclaimed Property Law. Amend RSA by in- 
serting after RSA 471, the following new chapter: 

Chapter 471 -A 

Custody and Escheat of Unclaimed and Abandoned 

Property. 

471-A:1 Definitions. As used in this chapter, unless the context other- 
wise requires: 

I. "Financial organization" means any national bank, savings bank 
or institution for savings, trust company, banking company, building and 
loan association, cooperative bank, federal savings and loan association, 
credit union and all similar organizations. 

II. "Business association" means any private corporation, joint stock 
company, business trust, partnership, or any association for business pur- 
poses of two or more individuals. 

III. "Escheat", except in section 23, means the presumption of aban- 
donment of property, followed by: 

(a) immediate proceedings for the taking of title, or 

(b) the required delivery to the state followed by immediate pro- 
ceedings for the taking of title, or 

(c) perpetual state custody of the property, or 

(d) a period of state custody followed by proceedings for the taking 
o£ title. 

IV. "Holder" means any person in possession of property subject to 
this chapter belonging to another, or who is trustee in case of a trust, or 
is indebted to another on an obligation subject to this chapter. 

V. "Life insurance corporation" means any association or corpora- 
tion transacting the business of insurance on the lives of persons or in- 
surance appertaining thereto, including, but not limited to, endowments 
and annuities. 

VI. "Owner" means a depositor in case of a deposit, a beneficiary 
in case of a trust, a creditor, claimant or payee in case of other choses in 
action, or any person having a legal or equitable interest in property sub- 
ject to this chapter, or his legal representative. 



1965] Chapter 214 217 

VII. "Person" means any individual, business association, govern- 
ment or political subdivision, public corporation, public authority, estate, 
trust, two or more persons having a joint or common interest, or any other 
legal or commercial entity. 

VIII. "Property" means tangible personalty located in this state, and 
all intangible personalty. 

IX. "Utility" means any person who owns or operates for public use, 
any plant, equipment, property, franchise, or license for the transmission 
of communications or the production, storage, transmission, sale, delivery, 
or furnishing of electricity, water, steam, or gas. 

471 -A: 2 General Conditions Precedent to Presumption of Abandon- 
ment. Unless otherwise provided, intangible personal property is subject 
to a presumption of abandonment under this chapter if the appropriate 
conditions leading to a presumption of abandonment, described in sec- 
tions 3 through 1 1 of this chapter, are met, and if: 

I. The last known address of the owner appearing on the records 
of the holder is in this state, whether or not the holder: 

(a) is domiciled in this state or is engaged in or transacts business 
in this state, or 

(b) if a court, public corporation, public authority, or public officer, 
is a court, public corporation, public authority, or public officer of this 
state or a political subdivision thereof; or, 

II. No address of the owner appears on the records of the holder, 
and the holder is: 

(a) domiciled in this state, or 

(b) a court of this state, or 

(c) a federal court within this state, or 

(d) a public corporation, public authority, or public officer of this 
state or a political subdivision thereof; or, 

III. (a) The last known address of the owner appearing on the rec- 
ords of the holder is in another state, and 

(b) such other state makes no provision in its laws for the escheat of 
such property, and 

(c) the holder is: 

(i) domiciled in this state, or 
(ii) a court of this state, or 
(iii) a federal court within this state, or 

(iv) a public corporation, public authority, or public officer of 
this state or a political subdivision thereof. 



218 Chapter 214 [1965 

471-A:3 Property Held by Financial Organizations. The following 
property held or o^ving by a financial organization is presumed aban- 
doned: 

I. Any deposits made ^vith a financial organization and any funds 
paid toward the purchase of shares or other interest in any mutual or co- 
operative financial organization together with any interest or dividends 
thereon, excluding any charges that may lawfully be withheld, unless the 
owner has, within fifteen years: 

(a) Increased or decreased the amount of the funds or deposit or 
presented an appropriate record for the crediting of interest or dividends; 
or 

(b) Corresponded in writing with the financial organization con- 
cerning the funds or deposit; or 

(c) Otherwise indicated an interest in the funds or deposit as evi- 
denced by a memorandum on file with the financial organization. 

II. Any sum payable on certified checks or on written instruments 
on -^s'hich a financial organization is directly liable, including, by way of 
illustration but not of limitation, certificates of deposit, drafts, and trav- 
eler's checks, that has been outstanding for more than fifteen years from 
the date it was payable, or from the date of its issuance if payable on de- 
mand, unless the owner has, within fifteen years, corresponded in writing 
with the financial organization concerning it, or otherwise indicated an 
interest as evidenced by a memorandum on file with the financial organ- 
ization. 

III. Any funds or other property removed from a safe deposit box or 
any other safekeeping repository on "^vhich the lease or rental period has 
expired due to nonpayment of rental charges or other reason, excluding 
any charges that may lawfully be ^vithheld, that have been unclaimed by 
the owner for more than fifteen years from the date on which the lease or 
rental period expired. 

471-A:4 Unclaimed Funds Held by Life Insurance Corporations. 

All moneys held and owing by any life insurance corporation to an in- 
sured or annuitant or other person entitled thereto shall be presumed 
abandoned if unclaimed and unpaid for more than fifteen years after the 
moneys become due and payable as established from the records of the 
corporation under any life or endowment insurance policy or annuity 
contract Tvhich has matured or terminated. If it is not definite and certain 
from the records of the corporation what person is entitled to the funds, 
it is presumed that the last known address of the person entitled to the 
funds is the same as the last known address of the insured or annuitant 
according to the records of the corporation. A life insurance policy not 
matured by actual proof of the death of the insured is deemed to be 
matured and the proceeds thereof are deemed to be due and payable if 



1965] Chapter 214 219 

such policy was in force when the insured attained the limiting age un- 
der the mortality table on which the reserve is based, unless the person 
appearing entitled thereto has within the preceding fifteen years, (1) as- 
signed, readjusted, or paid premiums on the policy, or subjected the 
policy to loan, or (2) corresponded in writing with the life insurance cor- 
poration concerning the policy. Moneys otherwise payable according to 
the records of the corporation are deemed due and payable although the 
policy or contract has not been surrended as required. 

471-A:5 Deposits and Refunds Held by Utilities. The following 
funds held or owing by any utility are presumed abandoned: 

I. Any deposit made by a subscriber with a utility to secure payment 
for, or any sum paid in advance for, utility services to be furnished, less 
any lawful deductions, that has remained unclaimed by the person ap- 
pearing on the records of the utility to be entitled thereto for more than 
fifteen years after the termination of the services for which the deposit or 
advance payment was made. 

II. Any sum which a utility has been ordered to refund and which 
was received for utility services rendered, together with any interest there- 
on, less any lawful deductions, that has remained unclaimed by the person 
appearing on the records of the utility to be entitled thereto for more than 
fifteen years after the date it became payable in accordance with the final 
determination or order providing for the refund. 

471 -A: 6 Undistributed Dividends and Distributions of Business As- 
sociations. Any stock or other certificate of ownership, or any dividend, 
profit, distribution, interest, payment on principal, or other sum held or 
owing by a business association for or to a shareholder, certificate holder, 
member, bondholder, or other security holder, or a participating patron 
of a cooperative, who has not claimed it or corresponded in writing with 
the business association concerning it within fifteen years after the date 
prescribed for payment or delivery, is presumed abandoned. 

471-A:7 Property of Business Associations and Financial Organiza- 
tions Held in Course of Dissolution. All property distributable in the 
course of a voluntary or involuntary dissolution or liquidation of a busi- 
ness association or financial organization that is unclaimed by the owner 
at the end of the period provided by law or court decree for winding up 
its affairs and distributing or liquidating its assets, is presumed aban- 
doned. 

471 -A: 8 Property Held by Fiduciaries. All property and any income 
or increment thereon held in a fiduciary capacity for the benefit of an- 
other person is presumed abandoned unless the owner has, within fifteen 
years after it becomes payable or distributable, increased or decreased the 
principal, accepted payment of principal or income, corresponded in writ- 



220 Chapter 214 [1965 

ing concerning the property, or otherwise indicated an interest as evi- 
denced by a memorandum on file with the fiduciary. 

471 -A: 9 Property Held by Courts and Public Officers and Agencies. 

All property held for the owner by any court, including a federal court, 
or any public corporation, public authority, or public officer of any state 
or a political subdivision thereof, that has remained unclaimed by the 
owner for more than fifteen years is presumed abandoned. 

471-A:10 Unclaimed Property Held by the Federal Government. 

All property, including choses in action in sums certain and all debts 
owned, entrusted funds, or other property held by the federal government 
or any agency, officer, or appointee thereof, is presumed abandoned only 
if the last known address of the owner is in this state and the property has 
been unclaimed for fifteen years. The federal government or a government 
officer or appointee thereof may deduct from the amount paid or deliv- 
ered to the state treasurer the proportionate share of the actual and nec- 
essary costs of examining such records and reporting such information. 
This state shall hold the federal government harmless to the extent of 
the value of any property so paid or delivered from any claim which then 
exists or which thereafter may arise or be made in respect to property 
delivered to the state treasurer by the federal government. 

471-A:11 Other Property Held for Another Person. All property 
not otherwise covered by this chapter, including any income or incre- 
ment thereon and deducting any lawful charges, that is held or owing 
in the ordinary course of the holder's business and has remained un- 
claimed by the owner for more than fifteen years after it became due, 
payable, or distributable is presumed abandoned; but this section shall 
not apply to unclaimed parimutuel ticket money and unclaimed sweep- 
stakes prize money held or owing in this state in the ordinary course of 
the holder's business. 

471 -A: 12 Report of Abandoned Property. 

I. Every person holding funds or other property, tangible or intangi- 
ble, presumed abandoned under this chapter shall report to the state 
treasurer with respect to the property as hereinafter provided. 

II. The report shall be verified and shall include: 

(a) The name, if known, and last known address, if any, of each 
person appearing, from the records of the holder, to be the owner of any 
property of the value of ten dollars or more presumed abandoned under 
this chapter; (items of less value to be reported under paragraph II-c of 
this section). 

(b) In case of unclaimed funds of life insurance corporations, the 
full name of the insured, annuitant, or beneficiary and his last known 
address appearing on the life insurance corporation's records. 



1965] Chapter 214 221 

(c) The nature and identifying number, if any, or description of 
the property, and the amount appearing from the records to be due, ex- 
cept that items of value under ten dollars each may be reported in ag- 
gregate; 

(d) Except for any property reported in aggregate, the date when 
the property became payable, demandable, or returnable, and the date of 
the last transaction with the owner with respect to the property; and 

(e) Such other information as the state treasurer prescribes by rule 
as necessary for the administration of this chapter. 

III. If the holder is a successor to other persons who previously held 
the property for the o^vner, or if the holder has changed his name while 
holding the property, he shall file with his report all prior known names 
and addresses of each holder of the property. 

IV. Each report shall be filed before November 1, as of the next 
preceding June 30, of the year in which due. Reports of presumably aban- 
doned properties of the kinds described in sections 3, 4, 5 and 6 shall be 
filed in the year 1966, in the year 1970, and in every fifth year thereafter. 
Reports of presumably abandoned properties of all other kinds hereunder 
shall be filed annually. The state treasurer may postpone the reporting 
date upon written request by any person required to file a report. 

V. If the owner's claim has not been barred by the statute of limita- 
tions, the holder shall, before filing such report, communicate with the 
owner by first class mail at his last known address, if any such address is 
known or may be ascertained by due diligence, setting forth the steps nec- 
essary to rebut the presumption of abandonment. 

VI. Verification, if made by a partnership, shall be executed by a 
partner; if made by an unincorporated association or private corporation, 
by an officer; and if made by a public corporation, by its chief fiscal officer. 

VII. The initial report filed under this chapter shall include all 
property as to which the time period resulting in a presumption of aban- 
donment under the terms of this chapter commenced running on or after 
January 1, 1936, excepting property paid or delivered to the state treasurer 
prior to July 1, 1966 under other statutes. 

VIII. The state treasurer shall keep a permanent record of all reports 
submitted to him. 

IX. The state treasurer or any person or agency designated by him 
may at reasonable times and upon reasonable notice examine the records 
of any person if he has reason to believe that such person has failed to re- 
port property that should have been reported pursuant to this chapter. 

471 -A: 13 Notice and Publication of Lists of Abandoned Property. 

I. Within one hundred twenty days from the filing of the report required 



222 Chapter 214 [1965 

by section 12, the state treasurer shall cause notice to be published at least 
once each ^veek for two successive weeks in a newspaper having general 
circulation in the county in this state in which is located the last known 
address of any person to be named in the notice. If no address is listed or 
if the address is outside this state, the notice shall be published in the 
county in which the holder of the abandoned property has his principal 
place of business within this state. 

II. The published notice shall be entitled "Notice of Names of Per- 
sons Appearing to be Owners of Abandoned Property", and shall contain: 

(a) The names in alphabetical order and last known addresses, if 
any, of persons listed in the report and entitled to notice within the county 
(except as to items reported only in the aggregate.) 

(b) A statement that information concerning the amount or descrip- 
tion of the property and the name and address of the holder may be ob- 
tained by any persons possessing an interest in the property by addressing 
an inquiry to the state treasurer. 

(c) A statement that if proof of claim is not presented by the owner 
to the holder and if the owner's right to receive the property is not estab- 
lished to the holder's satisfaction within sixty-five days from the date of 
the second published notice, the abandoned property will be placed not 
later than eighty-five days after such publication date in the custody of 
the state treasurer, to whom all further claims must thereafter be directed. 

(d) A statement tliat if no claim is filed with the state treasurer with- 
in fifteen years after the close of the calendar year in which any property 
presumed abandoned under this chapter is paid or delivered to the state 
treasurer, the property shall escheat to the state and all right, title, or in- 
terest therein of the owners will be terminated and all claims of the owners 
hereto forever barred. 

III. A copy of the second published notice, in which shall be in- 
cluded the date on which the notice is to be published, shall be mailed to 
the holder on or before the date of publication. 

IV. Within one hundred twenty days from the receipt of the report 
required by section 12, the state treasurer shall mail a notice to each per- 
son whose name is reported, having an address listed therein. 

V. The mailed notice shall contain: 

(a) A statement that, according to a report filed Avith the state treas- 
urer, property is being held to which the addressee appears entitled. 

(b) The name and address of the person holding the property and 
any necessary information regarding changes of name and address of the 
holder. 

(c) A statement that, if satisfactory proof of claim is not presented by 
the owner to the holder by the date specified in the published notice, the 



1965] 



Chapter 214 223 



property will be placed in the custody of the state treasurer, to whom all 
further claims must be directed. 

(d) A statement that if no claim is filed with the state treasurer with- 
in fifteen years after the close of the calendar year in which any property 
presumed abandoned under this chapter is paid or delivered to the state 
treasurer, the property shall escheat to the state and all right, title, or 
interest therein of the owners will be terminated and all claims of the 
owners thereto forever barred. 

471-A:14 Payment or Delivery of Abandoned Property. I. Every 
person who has filed a report as required by section 1 2 shall within twenty 
days after the time specified in section 13 for claiming the property from 
the holder pay or deliver to the state treasurer all abandoned property 
specified in the report, except that, if the owner establishes his right to 
receive the abandoned property to the satisfaction of the holder within 
the time specified in section 13, or if it appears that for some other reason 
the presumption of abandonment is erroneous, the holder need not pay 
or deliver the property, which will no longer be presumed abandoned, 
to the state treasurer, but in lieu thereof shall file a verified written ex- 
planation of the proof of claim or of the error in the presumption of 
abandonment. 

II. The state treasurer may decline to receive any property reported 
which he deems to have a value less than the cost of giving notice or hold- 
ing sale, or he may postpone taking possession until a sufficient sum ac- 
cumulates. Unless the holder of the property is notified to the contrary 
within one hundred twenty days after filing the report required under 
section 12, the state treasurer shall be deemed to have elected to receive 
the custody of the property. 

471-A:15 Enforcement. I. The state treasurer may bring an action 
in a court of appropriate jurisdiction, as specified in this section, to en- 
force the duty of any person under this chapter to permit the examination 
of the records of such person; or for a judicial determination that particu- 
lar property known by the state treasurer to be held by any person is 
subject under law to escheat by this state pursuant to this chapter; or to 
enforce the delivery of any property to the state treasurer as required un- 
der this chapter. 

II. The state treasurer may bring an action under this chapter in 
any court of this state of appropriate jurisdiction if: 

(a) The holder is any person domiciled in this state, including any 
business association or financial organization organized under the laws 
of or created in this state, and any national bank or federal savings and 
loan association located in this state, but not including any federal court 
within this state. 

(b) The holder is any person engaged in or transacting business in 
this state, althouoh not domiciled in this state. 



224 Chapter 214 [1965 

(c) The property is tangible personalty and is held in this state. 

(d) The holder is any court of this state, or any public corporation, 
public authority, or public officer of this state or a political subdivision 
thereof. 



III. In any case where no court of this state can obtain jurisdiction 
over the holder, the state treasurer may bring an action in any federal or 
state court ^vith jurisdiction over the holder. 

IV. (a) At the request of any other state, the attorney general of 
this state shall be empowered to bring an action in the name of such 
other state in any court of this state or federal court Avithin this state, to 
enforce the abandoned property laws of such other state against a holder 
in this state of property lawfully subject to escheat by such other state, if: 

(1) The courts of such other state cannot obtain jurisdiction over 
the holder; and 

(2) Such other state makes reciprocal provision in its law^s for the 
bringing of an action by an officer of such other state in the name of this 
state at the request of the attorney general of this state, to enforce the 
provisions of this chapter against any person in such other state believed 
by the state treasurer of this state to hold property subject to a presump- 
tion of abandonment under this chapter, where the courts of this state 
cannot obtain jurisdiction over such holder; and 

(3) The laws of such other state provide for payment to this state 
of reasonable costs incurred by the attorney general of this state in bring- 
ing an action under this section at the request of such other state. 

(b) This state shall pay all reasonable costs incurred by any other 
state in any action brought by such other state at the request of the attor- 
ney general of this state under this section. Any state bringing such ac- 
tion shall be entitled additionally to a reward of fifteen per cent of the 
value, after deducting reasonable costs, of any property recovered for the 
state as a direct or indirect result of such action, such re^vard to be paid 
by the state treasurer. 

471-A:16 Relief from Liability. I. Upon payment or delivery to 
the state treasurer of property presumed abandoned, the state shall as- 
sume custody and shall be responsible for all claims thereto. 

II. Any person who pays or delivers abandoned property to the state 
treasurer under this chapter and has in all other respects complied with 
the provisions of this chapter, is relieved of all liability to the extent of 
the value of the property so paid or delivered for any claim which then 
exists or which thereafter may arise or be made in respect to the property. 

III. Any holder who has paid or delivered to the state treasurer 
moneys presumed abandoned may make payment therefor within the time 
limited by section 21 to any person appearing to be the owner, and shall 



1965] Chapter 214 225 

be reimbursed by the state treasurer upon proof of such payment and 
proof that the payee was entitled thereto. Any holder who has delivered 
to the state treasurer property, including a certificate of any interest in 
a business association, pursuant to this chapter, may reclaim such prop- 
erty if still in the possession of the state treasurer, without payment of 
any fee or other charges upon proof that the owner thereof has claimed 
such property from the holder. 

471-A:17 Income Accruing After Payment or Delivery. When prop- 
erty other than money is delivered to the state treasurer under this chap- 
ter, any dividends, interest, or other increments realized or accruing on 
such property at or prior to liquidation or conversion thereof into money, 
shall upon receipt be credited by the state treasurer to the owner's ac- 
count. Except for amounts so credited, the owner is not entitled to re- 
ceive income or other increments or money or other property paid or 
delivered to the state treasurer under this chapter. 

471-A:18 Periods of Limitation Not a Bar. The expiration of any 
period of time, specified by statute or court order, during which an ac- 
tion or proceeding may be commenced or enforced to obtain payment 
of a claim for money or recovery of property, shall not prevent the money 
or property from being presumed abandoned property, nor affect any 
duty to file a report required by this chapter or to pay or deliver aban- 
doned property to the state treasurer; but this section shall not be con- 
strued to affect any right of defense which became vested prior to the 
effective date of this chapter. 

471 -A: 19 Sale of Abandoned Property. 

I. All abandoned property delivered to the state treasurer under 
this chapter, other than money or securities listed on any established 
stock exchange, may be sold by him to the highest bidder at public sale 
in whatever place in this state or elsewhere that affords in his judgment 
the most favorable market for the property involved. The state treasurer 
may decline the highest bid and re-offer the property for sale if he con- 
siders the price bid insufficient. 

II. Securities listed on an established stock exchange may be sold 
by the state treasurer. Any sale shall be at the prevailing price on that 
exchange. 

III. Any sale of abandoned property, other than money or securi- 
ties listed on any established stock exchange, held under this section shall 
be preceded by a single publication of notice thereof at least three weeks 
in advance of sale in a newspaper having general circulation in the coun- 
ty where the property is to be sold. 

IV. The purchaser at any sale conducted by the state treasurer pur- 
suant to this chapter shall receive title to the property purchased, free 
from all claims of the owner or prior holder thereof and of all persons 



226 Chapter 214 [1965 

claiming through or under them. The state treasurer shall execute all 
documents necessary to complete the transfer of title. 

V. No action shall be brought or maintained by any person against 
the state or any officer thereof for or on account of any transaction en- 
tered into pursuant to and in accordance with the provisions of this sec- 
tion. 

471-A:20 Deposit of Funds. I. All funds received under this chap- 
ter, including the proceeds from the sale of property under section 19, 
shall be deposited by the state treasurer in the state treasury, except that 
the state treasurer shall retain at all times in a separate trust fund the 
sum of twenty-five thousand dollars, from which he shall promptly pay 
all claims allowed as hereinafter provided. 

II. Before making the deposit he shall record the name and last 
known address of each person appearing from the holders' reports to be 
entitled to the abandoned property and the name and last known address 
of each insured person, beneficiary, or annuitant, and with respect to each 
policy or contract listed in the report of a life insurance corporation, its 
number, the name of the corporation, and the amount due. The record 
shall be available for public inspection at all reasonable business hours. 

III. Before making any deposit in the state treasury, the state treas- 
urer may deduct: 

(a) any costs in connection with the sale of abandoned property. 

(b) any costs of mailing and publication in connection with the 
abandoned property. 

(c) reasonable service charges. 

47 1 -A: 2 1 Claims for Abandoned Property. 

I. Any person, not including another state, claiming an interest in 
property paid or delivered to the state treasurer may file a claim thereto 
or to the proceeds of the sale thereof within fifteen years from the last 
day of the calendar year in which such property is paid or delivered to 
the state treasurer under this chapter. 

II. The state treasurer shall consider each claim within ninety days 
after it is filed. He shall hold a hearing, if the claimant requests, and re- 
ceive evidence concerning the claim. 

III. The state treasurer shall make a written finding on each claim 
presented or heard, stating the substance of any evidence heard by him 
and the reasons for his finding. The finding shall be a public record. 

IV. The state treasurer shall pay each claim allowed without deduc- 
tion for costs of notices or sale or for any service charges. 

471 -A: 22 Judicial Action Upon Determinations. Any person ag- 
grieved by a finding of the state treasurer under section 21 or upon whose 



1965] Chapter 214 227 

claim the state treasurer has failed to act within ninety days after the fil- 
ing of the claim may file a petition to establish his claim in the superior 
court for Merrimack county. The proceeding shall be brought Avithin 
ninety days after the decision of the state treasurer or within one hun- 
dred eighty days from the filing of the claim if the state treasurer fails to 
act. A copy of the petition and order of notice thereon shall be served 
upon the state treasurer, who shall have not less than fourteen days with- 
in which to respond by answer. The proceeding shall be tried de novo 
without a jury. If judgment is rendered in favor of the petitioner, the 
state treasurer shall make payment as provided in paragraph IV of sec- 
tion 21. 

471-A:23 Escheat Proceedings. I. Within ninety days after the close 
of the fifteenth calendar year after the year in which any property pre- 
sumed abandoned under this chapter is paid or delivered to the state 
treasurer, if no claim therefor has been made and established by any 
person not including another state, entitled thereto, the state treasurer 
shall commence a civil action in the superior court for Merrimack county 
for a determination that such property shall escheat to the state; but if 
during, and at the expiration of, such ninety days, a final judgment is 
pending in a court action previously brought by a claimant under section 
22, or if a person who has filed a claim to the property within the period 
prescribed by paragraph I of section 21 remains entitled at the expira- 
tion of such ninety days to bring a court action under section 22, the state 
treasurer shall commence his civil action after a final court judgment has 
been rendered adversely to the petitioning claimant, or after the expira- 
tion of the period in which a claimant would be entitled to bring a court 
action under section 22. The hearing in the action brought by the state 
treasurer shall commence not less than forty days after the date of entry 
of the action. The state treasurer may postpone the bringing of such 
action until the end of a subsequent calendar year whenever insufficient 
abandoned property has accumulated in his custody to justify tlie expense 
of such proceedings. 

II. At the time such action is commenced, the state treasurer shall 
cause notice thereof to be published once each week for two successive 
weeks in a newspaper having general circulation in the county in which 
is situated the last known address of the owner according to the records 
of the state treasurer. If no address is listed, the notice shall be published 
in the county in which the holder of the abandoned property has his prin- 
cipal place of business within the state. Such notice shall be entitled "No- 
tice of Proceedings to Declare Certain Abandoned Property Escheated 
to the State of New Hampshire" and shall include the following matters: 

(a) the name and last known address of the owner (if previously re- 
ported); 

(b) a brief description of the property; 



228 Chapter 214 [1965 

(c) the name of the prior holder or holders; 

(d) the amount or value of the property (excepting items reported 
only in the aggregate, which shall be listed as a lump sum); 

(e) a statement that the property was unclaimed for at least fifteen 
years -while in the possession of the prior holder or holders and was un- 
claimed for fifteen years after it was paid or delivered to the state treasurer 
pursuant to this chapter; 

(f) a statement that a complaint has been filed in the action for es- 
cheat; 

(g) the place, time and date of the hearing; 

(h) a direction that unless any person claiming to be entitled to the 
property, or his representative, makes claim for the property in the man- 
ner provided in section 21 before the hearing, or appears at the hearing 
to substantiate his claim, the property shall escheat to the state and all 
right, title or interest therein of the owners will be terminated and all 
claims of the owners thereto forever barred. 

III. Also at the time such action is commenced, the state treasurer 
shall mail to the last known address of the owner according to the records 
of the state treasurer a notice alike in all respects to the published notice 
required under the preceding subsection. 

IV. If no person shall file a claim, or appear at the hearing to sub- 
stantiate a claim, or where the court shall determine that a claimant is 
not entitled to the property claimed by him, then the court, if satisfied 
by evidence that the state treasurer has substantially complied with this 
chapter, shall enter a judgment that the subject property has escheated 
to the state and that all right, title or interest therein of the owners is ter- 
minated and all claims of the owners thereto forever barred. 

471-A:24 Claims by Other States. I. At any time after property has 
been paid or delivered to the state treasurer under this chapter, and not- 
withstanding any decree by any court of this state under section 23 that 
such property is escheated to this state, any other state shall be entitled 
to present to the state treasurer a claim that such other state has a su- 
perior right to escheat such property because: 

(a) Although no address of the owner of the property appeared on 
the records of a holder domiciled in this state, including a court of this 
state, a federal court within this state, or a public corporation, public 
authority, or public officer of this state or a political subdivision thereof, 
when the property was presumed abandoned under this chapter, the other 
state possesses proof that the last known address of the owner was in fact 
in such other state; or, 

(b) The last known address of the owner of the property appearing 
on the records of a holder domiciled in this state, including a court of 



1965] Chapter 214 229 

this state or federal court within this state, or a public corporation, public 
authority, or public officer of this state or a political subdivision thereof, 
was in such other state when the property was presumed abandoned 
under this chapter, and such other state at that time did not provide in 
its laws for the escheat of such property, but currently so provides. 

II. The state treasurer shall hold a hearing on each such claim with- 
in ninety days after it is filed. He shall make a written finding on each 
claim heard, stating the substance of any evidence heard by him and the 
reasons for his finding. The finding shall be a public record. He shall 
allow a claim if reasonably satisfied by proof of the superior right of the 
other state. 

471-A:25 Penalties. I. Any person who wilfully fails to render any 
report or perform other duties required under this chapter shall be pun- 
ished by a fine of ten dollars for each day such report is withheld or such 
duties not performed, but not more than five hundred dollars. 

II. Any person who wilfully refuses to pay or deliver abandoned 
property to the state treasurer as required under this chapter shall be 
fined not less than one hundred dollars nor more than five hundred dol- 
lars, or imprisoned for not more than six months, or both, in the discre- 
tion of the court. 

471-A:26 Rules and Regulations. The state treasurer may make 
such rules and regulations as he finds reasonably necessary to administer 
and enforce the provisions of this chapter. 

471-A:27 Excepted Property. This chapter shall not apply to any 
property that has been presumed abandoned or has escheated under the 
laws of another state prior to the effective date of this chapter, nor to any 
property covered by RSA 47 1 , 489 and 56 1 . 

471-A:28 Severability. If any provision of this chapter or the appli- 
cation thereof to any person or circumstances is held invalid, the in- 
validity shall not affect other provisions or applications of the chapter 
which can be given effect without the invalid provisions or applications, 
and to this end the provisions of this chapter are severable. 

214:2 Repeal. RSA 294:125, 126 and 127 (supp) as inserted by 
1955, 118:1, RSA 385:6 and 7 (supp) as inserted by 1961, 204:1, RSA 
386:24-26 and 28-30, inclusive, RSA 395:22-25 inclusive, and RSA 543:11 
and 12 are hereby repealed. 

214:3 Warehouses. Amend RSA 348:12 (supp) as amended by 1959, 
247:2 by striking out said section and inserting in place thereof the fol- 
lowing: 348:12 Proceeds of Sale. If a warehouseman, pursuant to a sale 
under chapter 382-A, section 7-210, holds an unclaimed balance of pro- 
ceeds for the person to whom he would be bound to deliver the goods, 
.siuch proceeds shall be held subject to the provisions of RSA 471 -A. 



230 Chapter 214 [1965 

214:4 Unclaimed Freight. Amend RSA 377:21 by striking out said 
section and inserting in place thereof the following new section: 377:21 
Accovmting. It shall make a statement of its doings in making the sale, of 
the proceeds thereof, of the charges and expenses incident thereto and of 
its charges against the consignee or owner, and shall cause the same to 
be recorded in the town clerk's office, and it shall pay on demand the 
balance of the proceeds above such charges to the owner of the property or 
the person entitled thereto. If unclaimed, such proceeds shall be held 
subject to the provisions of RSA 471-A. 

214:5 Safe Deposit Boxes. Amend RSA 385:5 (supp) as inserted by 
1961, 204:1, by striking out said section and inserting in place thereof the 
following new section: 385:5 Disposition of Proceeds. From the proceeds 
of said sale the corporation shall deduct all its charges for rental up to 
the time of opening said box or safe, the cost of opening, further cost of 
safekeeping all its contents and any costs of said public auction and shall 
hold the net cash proceeds from such public auction subject to the pro- 
visions of RSA 471-A. The corporation shall maintain a statement of all 
charges deducted from the proceeds of said auction Avhich shall be signed 
by the president, treasurer or superintendent of said corporation and veri- 
fied before a notary public or justice of the peace. 

214:6 Voluntary Petition on Unclaimed Bank Deposits. Amend 
RSA 386:27 by striking out said section and inserting in place thereof the 
following new section: 386:27 Relief on Voluntary Petition. Upon vol- 
untary petition by any financial organization, as defined in RSA 471-A, 
desiring, for any reason, to pay one or more deposits and unable to locate 
the owners thereof, the superior court may, upon notice to the bank com- 
missioner and the attorney general, and upon the filing of one or more 
affidavits that diligent efi^ort has been made to locate the owners, decree 
that such deposits have been presumably abandoned. Such financial organ- 
ization shall forthwith report such deposits to the state treasurer following 
the procedure provided in RSA 471-A: 12 but on an annual basis (rather 
than less frequently); and such deposits shall thereafter become subject 
to those provisions of RSA 471-A which apply to property reported to the 
state treasurer as presumably abandoned. 

214:7 Depositaries. Amend RSA 543:10 by striking out said section 
and inserting in place thereof the following new section: 543:10 Escheat. 
Upon petition by the holder of any fund which is payable and unclaimed, 
but for less than the time period giving rise to a presumption of abandon- 
ment and a requirement to report to the state treasurer under RSA 471-A, 
the superior court, after notice and hearing, may decree pa^Tnent thereof 
to the state treasurer, as presumably abandoned. The state treasurer shall 
thereafter hold such property subject to those provisions of RSA 471-A 
which apply to abandoned property delivered to the state treasurer pur- 
suant to report. 



1965] Chapter 215 231 

214:8 Saving Clause. All payments or deliveries of property to the 
state treasurer, before the effective date of this act, validly made under 
those sections of RSA hereby repealed or amended, shall not be affected 
by such repeal or amendment; and the rights, duties and interests of the 
state, the holders and all owners or claimants, flowing therefrom, shall 
remain valid thereafter and may be terminated, completed, consummated 
or enforced as required or permitted by such repealed or 'amended sec- 
tions and other applicable statutes, as though such repeal or amendment 
had not occurred. ' 

214:9 Appropriation. The state treasurer is hereby authorized to set 
aside out of funds escheated to the state between January 1, 1965 and 
June 30, 1966, the sum of ten thousand dollars to be used for operating 
expenses under this chapter, which shall constitute a continuing appro- 
priation, which shall not lapse and may be replenished from time to time 
as provided in RSA 471 -A: 20, III as inserted by section 1. 

214:10 Effective Date. Except as provided in section 9, this act takes 
effect January 1, 1966; provided, however, that savings banks are hereby 
exempted from the provisions of RSA 386:24 in the year 1965. 
[Approved June 30, 1965.] 
[Effective date — January 1, 1966 except as provided.] 



CHAPTER 215. 

AN ACT RELATIVE TO MEDICAL ASSISTANCE FOR THE AGED. 

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

215:1 Public Assistance to Aged. Amend RSA 167:9 as amended by 
1961, 222:1 by adding at the end of the section the following sentence: In 
the case of an application for medical assistance for the aged an interview 
with applicant or a responsible person acting for the applicant will satisfy 
the home visit requirement, so that the section is amended to read as fol- 
lows: 167:9 Investigation. Whenever an application for assistance under 
this chapter or RSA 161 is received, an investigation and record shall 
promptly be made of the circumstances of the applicant in order to as- 
certain the facts supporting the application, and in order to obtain such 
other information as may be required by the rules of the division. The 
investigation shall include a visit to the home of the applicant. In the case 
of an application for medical assistance for the aged an interview with 
applicant or a responsible person acting for the applicant will satisfy 
the home visit requirement. 



232 Chapter 216 [1965 

215:2 Effective Date. This act shall take effect sixty days after pas- 
sage. 

[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



CHAPTER 216. 

AN ACT TO MAKE AN APPORTIONMENT OF REPRESENTATIVES TO THE 

GENERAL COURT. 

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

216:1 Representatives to the General Court. Amend RSA 66:3 
(supp) as amended by 1961, 275:1 by striking out the section and inserting 
in its place the following: 66:3 Apportionment. Representative districts 
entitled to representation in the house of representatives of the general 
court are formed from the towns, wards, and places of the state, and ap- 
portionment of representatives to the districts is made, as follows: 

I. Belknap County 

District No. 1 New Hampton 

Center Harbor 1 

District No. 2 Meredith 2 

District No. 3 Sanbornton 

Tilton 2 

District No. 4 Gilford 1 

District No. 5 Belmont 1 

District No. 6 Gilmanton 

Barnstead 1 

Alton 1 

Laconia Ward 1 2 

Laconia Ward 2 2 

Laconia Ward 3 &: 4 2 

Laconia Ward 5 2 

Laconia Ward 6 2 



District No. 7 
District No. 8 
District No. 9 
District No. 10 
District No. 1 1 
District No. 12 



District No. 1 



District No. 2 



IL Carroll County 
Jackson 
Chatham 
Bartlett 

Hart's Location 
Hale's Location 
Conway 



1965] 
District No. 3 



District No. 4 

District No. 5 

District No. 6 
District No. 7 
District No. 8 



District No. 1 
District No. 2 

District No. 3 



District No. 4 



District No. 


5 


District No. 


6 


District No. 


7 


District No. 


8 


District No. 


9 


District No. 


10 


District No. 


11 


District No. 


12 


District No. 


13 


District No. 


14 


District No. 


15 


District No. 


16 


District No. 


17 


District No. 


1 



Chapter 216 

Albany 

Madison 

Eaton 

Freedom 

Effingham 

Sandwich 

Tamworth 

Moultonborough 

Tuftonboro 

Ossipee 

Wolfeboro 

Wakefield 

Brookfield 

III. Cheshire County 
Walpole 
Westmoreland 
Surry 
Alstead 
Marlow 
Gilsum 
Stoddard 
Sullivan 
Nelson 
Harrisville 
Dublin 
Roxbury 
Marlborough 
Jaffrey 
Troy 

Fitzwilliam 
Rindge 
Winchester 
Richmond 
Hinsdale 
Swanzey 
Chesterfield 
Keene Ward 1 



233 



Keene 
Keene 
Keene 
Keene 



Ward 
Ward 
Ward 
Ward 



IV. 



Coos County 

Pittsburg 

Stewartstown 



234 



Chapter 216 



[1965 



District No. 2 



District No. 3 

District No. 4 
District No. 5 
District No. 6 
District No. 7 
District No. 8 
District No. 9 
District No. 10 



District No. 1 1 



District No. 1 



Clarksville 

Colebrook 

Columbia 

Dixville 

Stratford 

Northumberland 

Stark 

Odell 

Erving's Grant 

Lancaster 

Kilkenny 

Whitefield 

Gorham 

Berlin Ward 1 

Berlin Ward 2 

Berlin Ward 3 

Berlin Ward 4 

Second College Grant 

Millsfield 

Wentworth Location 

Dummer 

Milan 

Shelburne 

Success 

Errol 

Cambridge 

Atkinson-Gilmanton Academy Grant 

Dix's Grant 

Martin's Location 

Green's Grant 

Pinkham's Grant 

Sargent's Purchase 

Thompson and Meserve's Purchase 

Hadley's Purchase 

Cutt's Grant 

Bean's Grant 

Chandler's Purchase 

Crawford's Purchase 

Low and Burbank's Grant 

Carroll 

Randolph 

Jefferson 

Dalton 

V. Grafton County 
Bethlehem 
Littleton 



1965] 


Chapter 216 


District No. 2 


Franconia 




Easton 




Woodstock 


District No. 3 


Lincoln 




Livermore 


District No. 4 


Lisbon 


District No. 5 


Monroe 




Lyman 
Bath 




Landaff 




Benton 


District No. 6 


Haverhill 


District No. 7 


Piermont 




Warren 




Wentworth 


District No. 8 


Orford 


District No. 9 


Lyme 
Hanover 


District No. 10 


Dorchester 




Groton 




Hebron 




Bridgewater 




Alexandria 




Orange 




Grafton 


District No. 11 


Lebanon Ward 1 


District No. 12 


Lebanon Ward 2 


District No. 13 


Lebanon Ward 3 


District No. 14 


Canaan 


District No. 15 


Enfield 


District No. 16 


Bristol 


District No. 17 


Ashland 


District No. 18 
District No. 19 


Plymouth 
Holderness 




Campton 

Rumney 

Thornton 




Waterville 




Ellsworth 




VI. Hillsborough County 


District No. 1 


Antrim 




Bennington 


District No. 2 


Hillsborough 




Deering 




Windsor 



235 



236 



Chapter 216 



[1965 



District No. 3 
District No. 4 
District No. 5 

District No. 6 

District No. 7 

District No. 8 
District No. 9 
District No. 10 



District No. 
District No. 



11 
12 



District No. 13 



District 
District 
District 
District 
District 
District 
District 
District 
District 
District 
District 
District 
District 

District 
District 
District 
District 
District 
District 
District 
District 
District 
District 
District 
District 



No. 14 
No. 15 
No. 16 
No. 17 
No. 18 
No. 19 
No. 20 
No. 21 
No. 22 
No. 23 
No. 24 
No. 25 
No. 26 

No. 27 
No. 28 
No. 29 
No. 30 
No. 31 
No. 32 
No. 33 
No. 34 
No. 35 
No. 36 
No. 37 
No. 38 



Weare 

Goffstown 

New Boston 

Francestown 

Greenfield 

Hancock 

Peterborough 

Sharon 

New Ipswich 

Greenville 

Wilton 

Lyndeborough 

Temple 

Milford 

Amherst 

Mont Vernon 

Hollis 

Mason 

Brookline 

Nashua Ward 



Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Nashua 

Hudson 

Pelham 

Merrimack 

Bedford 

Litchfield 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 

Manchester 



1 
Ward 2 
Ward 3 
Ward 4 
Ward 5 



Ward 6 
Ward 7 
Ward 8 
Ward 9 



Ward 
Ward 
Ward 
Ward 
Ward 
Ward 
Ward 
Ward 8 
Ward 9 
Ward 10 
Ward 11 
Ward 12 



2 
5 
2 
2 
2 
2 
2 
3 
6 
2 
4 
2 
2 

3 
6 
5 
4 
3 
3 
6 
4 
7 
1 
4 
3 
3 



1965] 


Chapter 216 


District No. 39 


Manchester Ward 13 


District No. 40 


Manchester Ward 14 




VII. Merrimack County 


District No. 1 


New London 


District No. 2 


Newbury 
Sutton 




Bradford 


District No. 3 


Warner 




Webster 


District No. 4 


Henniker 


District No. 5 


Hopkinton 




Dunbar ton 


District No. 6 


Bo^v 


District No. 7 


Hooksett 


District No. 8 


Allenstown 


District No. 9 


Pembroke 


District No. 10 


Epsom 




Chichester 


District No. 11 


Pittsfield 


District No. 12 


Loudon 


District No. 13 


Canterbury 
Northfield 


District No. 14 


Franklin Ward 1 


District No. 15 


Franklin Ward 2 


District No. 16 


Franklin Ward 3 


District No. 17 


Boscawen 


District No. 18 


Andover 


District No. 19 


Salisbury 
Wilmot 




Danbury 
Hill 


District No. 20 


Concord Ward 1 


District No. 21 


Concord Ward 2 


District No. 22 


Concord Ward 3 


District No. 23 


Concord Ward 4 


District No. 24 


Concord Ward 5 


District No. 25 


Concord Ward 6 


District No. 26 


Concord Ward 7 


District No. 27 


Concord Ward 8 


District No. 28 


Concord Ward 9 


District No. 1 


VIII. Rockingham County 
North wood 



237 

5 

4 



1 
1 

2 
1 
2 
1 
2 

1 
2 

1 
1 
1 
2 
2 
1 



Deerfield 
Nottingham 



238 



Chapter 216 



[1965 



District No. 2 
District No. 3 
District No. 4 
District No. 5 
District No. 6 
District No. 7 
District No. 8 

District No. 9 
District No. 10 
District No. 1 1 



District No. 12 

District No. 13 

District No. 14 
District No. 15 

District No. 16 
District No. 17 

District No. 18 
District No. 19 

District No. 20 
District No. 21 

District No. 22 

District No. 23 

District No. 24 
District No. 25 
District No. 26 
District No. 27 
District No. 28 
District No. 29 

District No. 1 
District No. 2 



Candia 

Auburn 

Londonderry 

Derry 

Windham 

Salem 

Atkinson 

Kingston 

Plaistow 

Hampstead 

Sandown 

Danville 

Fremont 

Chester 

Raymond 

Epping 

Brentwood 

Newmarket 

Newfields 

Stratham 

Exeter 

East Kingston 

South Hampton 

Seabrook 

Newton 

Hampton Falls 

Kensington 

Hampton 

North Hampton 

Rye 

New Castle 

Greenland 

Newington 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 

Portsmouth 



Ward 1 
Ward 2 
Ward 3 
Ward 4 
Ward 5 
Ward 6 



IX. Strafford County 
Milton 
Middleton 
New Durham 
Farmington 
Strafford 



1965] 


Chapter 216 


District No. 3 


Barrington 




Madbury 


District No. 4 


Lee 




Durham 


District No. 5 


Rollinsford 


District No. 6 


Somersworth Ward 1 


District No. 7 


Somersworth Ward 2 


District No. 8 


Somersworth Ward 3 


District No. 9 


Somersworth Ward 4 


District No. 10 


Rochester Ward 1 


District No. 1 1 


Rochester Ward 2 


District No. 12 


Rochester Ward 3 


District No. 13 


Rochester Ward 4 


District No. 14 


Rochester Ward 5 


District No. 15 


Rochester Ward 6 


District No. 16 


Dover Ward 1 


District No. 17 


Dover Ward 2 


District No. 18 


Dover Ward 3 


District No. 19 


Dover Ward 4 


District No. 20 


Dover Ward 5 




X. Sullivan County 


District No. 1 


Plainfield 




Grantham 


District No. 2 


Croydon 




Cornish 


District No. 3 


Claremont Ward 1 


District No. 4 


Claremont Ward 2 


District No. 5 


Claremont Ward 3 


District No. 6 


Newport 


District No. 7 


Charlestown 




Unity 


District No. 8 


Sunapee 




Springfield 


District No. 9 


Langdon 




Acworth 




Lempster 




Washington 




Goshen 



239 



&: 5 



1 

216:2 Time of Election. Amend RSA 66: 1 by striking out the section 
and inserting in its place the following: 66:1 Date. The towns, wards, 
and unincorporated places that form the districts entitled to elect repre- 
sentatives to the general court shall elect them at the biennial election 
held on the Tuesday after the first Monday of November, biennially, dat- 
ing from the year nineteen hundred and sixty six. 



240 Chapter 216 [1965 

216:3 Duties of Clerks. Amend RSA 66:2 by striking out the section 
and inserting in its place the following: 66:2 Certificates of Election. 

I. The clerks of the several towns, wards, and places organized for voting 
in this state shall make a true and certified copy of the record of the votes 
given in at any election of a representative of the general court. The clerks 
shall for'^vard the record in a sealed package to the secretary of state with- 
in five days from the date of the election. 

II. The clerks shall also certify that the check-list was duly posted 
and used during the balloting on which the representative Avas chosen, 
and to the number of voters whose names were upon the check-list as cor- 
rected on the day of the meeting. Any clerk who fails to make a return 
of the number of voters on the check-list shall be fined not more than 
twenty-five dollars. 

III. The secretary of state shall examine the returns and count the 
votes for representatives in the various districts containing more than 
one town, ^s^ard, or unincorporated place. He shall make and mail a cer- 
tificate of election to the representatives elected from each district con- 
taining more than one toAvn, ward, or unincorporated place. 

IV. The town and ward clerks of those districts that contain only 
one town or ward shall make a certificate of election in duplicate, certi- 
fied and signed in the same manner as the returns of votes for governor. 
The clerk shall deliver one of the certificates to the representative elect. 
The clerk shall forward the other certificate to the secretary of state in the 
same sealed package containing the record of votes as required by para- 
graph I of this section. 

216:4 Filling Vacancies. Amend RSA 66:7 by striking out the section 
and inserting in its place the following: 66:7 Vacancies. If the office of 
representative or representative-elect in a district formed by section 3 of 
this chapter becomes vacant, the vacancy may be filled in an election held 
in the same manner as biennial elections. 

216:5 Repeal. RSA 66:4 (supp) as amended by 1961, 275:2 relating 
to part time representation by small towns; RSA 66:5 (supp) as amended 
by 1961, 275:3 relating to basis for apportionment of representatives; RSA 
66:6 (supp) as amended by 1961, 275:4 relative to fixing of proportion of 
time to which small towns are entitled to representation; and RSA 66:8 
relating to the penalty of the election of an unauthorized representative, 
are repealed. 

216:6 Effective Date. I. No provision of this act has any effect in 
any manner on any of the proceedings or the membership of the house 
of representatives of the general court that assembled for a biennial ses- 
sion on the first Wednesday of January, 1965. 

II. Except as limited by paragraph I of this section, this act takes 
effect sixty days after its passage. 
[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



1965] Chapter 217 241 

CHAPTER 217. 

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: 

217:1 Water Pollution Control Costs. Amend RSA 149-B by insert- 
ing after section 3 as inserted by 1959, 267:1 the following new section: 
149-B:4 Additional State Contribution. Any municipality as defined by 
section 1 of this chapter which is qualified under said section for the pay- 
ment of the state contribution as therein provided, shall be paid annual- 
ly by the state of New Hampshire in addition to any payments received 
under the provisions of section 1 ten per cent of the yearly amortization 
charges on the original cost resulting from the acquisition and construc- 
tion of sewerage disposal facilities by it. The word "costs" and the term 
"original costs" shall have the same meaning for the purposes of this sec- 
tion as they have for the purposes of section 1 of this chapter. The provi- 
sions of section 2 of this chapter shall not apply to the payments provided 
for by this section. 

217:2 Appropriation. There is hereby appropriated for the water 
pollution commission: for the purpose of carrying out the provisions of 
section 1 of this act one hundred eighty-one thousand fifty dollars for the 
fiscal year ending June 30, 1966 and one hundred ninety-seven thousand 
eight himdred fifty dollars for the fiscal year ending June 30, 1967 which 
sums shall be a charge upon the general fund of the state. 

217:3 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 30, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 218. 

AN ACT TO CHANGE THE QUALIFICATIONS FOR LICENSING OF A BARBER. 

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

218:1 Barber Qualifications. Amend RSA 313:9 by striking out the 
clause "(b) who has practiced as a registered apprentice for a period of six 
months under the immediate personal supervision of a registered barber;" 
and inserting in its place the following: (b) who has satisfactorily com- 
pleted a course of instruction of one thousand hours, in not less than six 
months, in a school of barbering approved by the board and in addition 
has a total experience as an apprentice of a period of at least six months 



242 Chapter 219 [1965 

under a licensed barber; or has satisfactorily completed a course of in- 
struction of one thousand five hundred hours in not less than nine months 
in a school of barbering approved by the board; or has a total experience 
of two thousand five hundred hours in the practice of barbering or as an 
apprentice distributed over a period of at least eighteen months; and, so 
that the section is amended to read as follows: 313:9 — Qualifications. 
Any person is qualified to receive a certificate of registration to practice 
barbering (a) Avho is at least eighteen years of age; (b) who has satisfac- 
torily completed a course of instruction of one thousand hours, in not less 
than six months, in a school of barbering approved by the board and in 
addition has a total experience as an apprentice of a period of at least six 
months under a licensed barber; or has satisfactorily completed a course 
of instruction of one thousand five hundred hours in not less than nine 
months in a school of barbering approved by the board; or has a total 
experience of two thousand five hundred hours in the practice of barber- 
ing or as an apprentice distributed over a period of at least eighteen 
months; and (c) who has passed a satisfactory examination conducted by 
the board to determine his fitness to practice barbering. Any person is 
qualified to receive a certificate of registration as a registered apprentice 
who is at least sixteen years of age and has paid the required fee. 

218:2 Takes Effect. This act takes effect upon its passage. 
[Approved June 30, 1965.] 
[Effective date June 30, 1965.] 



CHAPTER 219. 

AN ACT TO RAISE THE FEES CHARGED FOR REGISTRATION OR LICENSING OF 

BARBERS. 

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

219:1 Barbering Fees. Amend RSA 313:19 by striking out the sec- 
tion and inserting in its place the following: 313:19 Fees. The fee to be 
paid by an applicant for an examination to determine his fitness to receive 
a certificate of registration to practice barbering is ten dollars and for 
the issuance of the certificate one dollar. 

The fee to be paid by an applicant for a certificate of registration to 
practice as an apprentice is five dollars and for the issuance of the certi- 
ficate one dollar. 

The fee to be paid for the renewal of a certificate of registration to 
practice barbering is five dollars and for the restoration of an expired 
certificate is ten dollars. 



1965] Chapter 219 243 

The fee to be paid for the renewal of a certificate of registration to 
practice as an apprentice is two dollars and for the restoration of an ex- 
pired certificate two dollars. 

The fee for a license to operate a barber shop is five dollars and the 
yearly renewal of the license is five dollars. Shop licenses that require a 
special inspection, such as a new barber shop, change of barber shop loca- 
tion or change of barber shop ownership, is twenty-five dollars in the first 
instance, including the license, and five dollars for each yearly renewal. 
The license shall run from the first of July in each year and the fee pay- 
able to the secretary of the board. 

The fee for a duplicate copy of an existing license is one dollar. 

219:2 Fees for Barbering Instructors. Amend RSA 313:21-b (supp), 
as inserted by 1959, 13:1, by striking out the words "The fee for exam- 
ination for barbering instructor shall be five dollars" and inserting in 
their place the following, The fee for examination for barbering in- 
structor shall be twenty-five dollars; further amend the section by striking 
out the words "The annual fee for renewals of certificate as barbering 
instructor shall be t^vo dollars" and inserting in their place the following. 
The annual fee for renewals of certificate as barbering instructor shall be 
ten dollars, so that the section is amended to read as follows: 313:21-b 
Barbering Instructors. No person shall instruct in any school of barber- 
ing unless he has been approved and licensed as a barbering instructor 
by the board after oral or written examination or both as determined by 
the board. No person shall be approved and licensed as a barbering in- 
structor unless (1) he shall have completed two years of high school or 
had an education equivalent thereto and (2) shall have completed three 
years of actual employment in a licensed shop. The fee for examination 
for barbering instructor shall be twenty-five dollars which fee shall in- 
clude the issuance of a certificate as barbering instructor. No person shall 
be entitled to take the examination or receive an original certificate as 
barbering instructor unless he has at the time a valid certificate or regis- 
tration to practice barbering. The annual fee for renewals of certificate 
as barbering instructor shall be ten dollars. 

219:3 Member of Board; Compensation. Amend RSA 313:7 by strik- 
ing out the words "ten dollars for each day" and inserting in their place 
the words fifteen dollars for each day, so that the section is amended to 
read as follows: 313:7 — Compensation. Each member of the board 
shall receive as compensation the sum of fifteen dollars for each day 
actually devoted to the work of the board and shall be reimbursed for 
necessary traveling expenses incurred in the discharge of his duty, pro- 
vided that the total expenditures hereby authorized shall not exceed the 
amount of moneys received by the state treasurer from the board during 
the current year. 



244 Chapter 220 [1965 

219:4 Effective Date. This act takes effect upon its passage. 

[Approved June 30, 1965.] 
[Effective date June 30, 1965.] 



CHAPTER 220. 

AN ACT TO REDISTRICT THE STATE INTO SENATORIAL DISTRICTS. 

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

220:1 Senatorial Districts. Amend RSA 62:12 to 35 (supp), inclusive, 
as amended by 1961, 273:1, by striking out said sections and inserting in 
place thereof the following: 62:12 District 1. Senatorial district number 
one contains Berlin, Carroll, Clarksville, Dummer, Errol, Gorham, Jeffer- 
son, Milan, Pittsburg, Randolph, Shelburne, Wentworth's Location and 
the following unincorporated places: Bean's Grant, Cambridge, Chand- 
ler's Purchase, Crawford's Purchase, Cutts' Grant, Dixville, Dix's Grant, 
Erving's Grant, Gilmanton and Atkinson Academy Grant, Green's Grant, 
Hadley's Purchase, Kilkenny, Low and Burbank's Grant, Martin's Loca- 
tion, Millsfield, Pinkham's Grant, Sargent's Purchase, Second College 
Grant, Success, and Thompson and Meserve's Purchase. 

62:13 District 2. Senatorial district number two contains Bath, Ben- 
ton, Bethlehem, Colebrook, Columbia, Dalton, Easton, Franconia, Haver- 
hill, Lancaster, Landaff, Lisbon, Littleton, Lyman, Monroe, Northum- 
berland, Stark, Stewartstown, Stratford, Sugar Hill, Whitefield, and the 
following unincorporated place: Odell. 

62:14 District 3. Senatorial district number three contains Albany, 
Alexandria, Ashland, Bartlett, Bridgewater, Bristol, Campton, Center 
Harbor, Chatham, Conway, Eaton, Freedom, Hart's Location, Hebron, 
Holderness, Jackson, Lincoln, Madison, Meredith, Moultonborough, New 
Hampton, Plymouth, Sandwich, Tamworth, Thornton, Waterville, Wood- 
stock, and the following unincorporated places: Hale's Location and 
Livermore. 

62:15 District 4. Senatorial district number four contains Barring- 
ton, Brookfield, Candia, Deerfield, Effingham, Epping, Farmington, Fre- 
mont, Lee, Middleton, Milton, New Durham, NcAvmarket, Northwood, 
Nottingham, Ossipee, Raymond, Strafford, Tuftonboro, Wakefield and 
Wolfeboro. 

62:16 District 5. Senatorial district number five contains Canaan, 
Dorchester, Ellsworth, Enfield, Grafton, Groton, Hanover, Lebanon, 
Lyme, Orange, Orford, Piermont, Rumney, Warren, and Wentworth. 



1965] 



Chapter 220 245 



62:17 District 6. Senatorial district number six contains Alton, Barn- 
stead, Belmont, Gilford, Gilmanton, Laconia, and Pittsfield. 

62:18 District 7. Senatorial district number seven contains Andover, 
Boscawen, Canterbury, wards one and two of Concord, Danbury, Frank- 
lin, Hill, Newbury, New London, Northfield, Salisbury, Sanbornton, 
Sutton, Tilton, Webster, and Wilmot. 

62:19 District 8. Senatorial district number eight contains Acworth, 
Charlestown, Claremont, Cornish, Croydon, Goshen, Grantham, Langdon, 
Lempster, Newport, Plainfield, Springfield, Sunapee, Unity, and Wash- 
ington. 

62:20 District 9. Senatorial district number nine contains Antrim, 
Bedford, Bennington, Bow, Bradford, Deering, Dunbarton, Francestown, 
Goffstown, Henniker, Hillsborough, Hopkinton, New Boston, Warner, 
Weare, and Windsor. 

62:21 District 10. Senatorial district number ten contains Alstead, 
Gilsum, Keene, Marlow, Nelson, Roxbury, Stoddard, Sullivan, Surry, 
Walpole, and Westmoreland. 

62:22 District 11. Senatorial district number eleven contains Chester- 
field, Dublin, Fitzwilliam, Greenville, Hancock, Harrisville, Hinsdale, 
Jaffrey, Marlborough, New Ipswich, Peterborough, Richmond, Rindge, 
Sharon, Swanzey, Troy, and Winchester. 

62:23 District 12. Senatorial district number twelve contains Am- 
herst.. Brookline, Greenfield, Hollis, Lyndeborough, Mason, Merrimack, 
Milford, Mont Vernon, ward one of Nashua, Temple, and Wilton. 

62:24 District 13. Senatorial district number thirteen contains wards 
three, four, five, six, eight and nine of Nashua. 

62:25 District 14. Senatorial district number fourteen contains Al- 
lenstown, Epsom, Hooksett, wards one and two of Manchester, and Pem- 
broke. 

62:26 District 15. Senatorial district number fifteen contains Chi- 
chester, wards three, four, five, six, seven, eight and nine of Concord, and 
Loudon. 

62:27 District 16. Senatorial district number sixteen contains wards 
nine, ten, eleven, twelve and thirteen of Manchester. 

62:28 District 17. Senatorial district number seventeen contains 
wards three, four, five and six of Manchester. 

62:29 District 18. Senatorial district number eiohteen contains wards 
seven, eig^ht and fourteen of Manchester. 



246 Chapter 221 [1965 

62:30 District 19. Senatorial district number nineteen contains At- 
kinson, Auburn, Brentwood, Chester, Danville, Derry, East Kingston, 
Hampstead, Kensington, Kingston, Londonderry, Newton, Plaistow, San- 
doAvn, South Hampton, and Windham. 

62:31 District 20. Senatorial district number twenty contains Roch- 
ester, Rollinsford, and Somersworth. 

62:32 District 21. Senatorial district number twenty-one contains 
Dover, Durham, and Madbury. 

62:33 District 22. Senatorial district number twenty-two contains 
Hudson, Litchfield, wards two and seven of Nashua, Pelham, and Salem. 

62:34 District 23. Senatorial district number twenty-three contains 
Exeter, Greenland, Hampton, Hampton Falls, Newfields, Newington, 
North Hampton, Rye, Seabrook and Stratham. 

62:35 District 24. Senatorial district number twenty-four contains 
Ne^v Castle and Portsmouth. 

220:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage, but nothing herein shall be construed as affecting the term of office 
of the members of the senate for 1965-1967. 
[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 
(Not affecting members of 1965-67 Senate) 



CHAPTER 221. 

AN ACT EXTENDING APPROPRIATION FOR THE BEAVER BROOK DAM. 

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

221:1 Appropriation Extended. The appropriation for Beaver Brook 
dam in the amount of $150,000, or the unexpended balance thereof, as 
provided for in paragraph IX of chapter 251:1 of the Laws of 1963, shall 
not lapse, and shall remain available unless sooner expended until June 
30, 1967. 

221:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 30, 1965.] 
[Effective date June 30, 1965.] 



1965] Chapter 222 247 

CHAPTER 222. 

AN ACT RELATIVE TO PRIVATE OWNERSHIP LIABILITY EXEMPTION. 

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

222:1 Aeronautics Law. Amend RSA 422 by adding a new section 
after RSA 422:17 as follows: 422:17-a Private Ownership Liability Ex- 
emption. An owner, lessee, or occupant of premises on which private non- 
commercial air navigation facilities are located owes no duty of care to 
keep the premises safe for public use by others or to give any warning to 
wilful users of the premises of hazardous conditions. An owner, lessee, 
or occupant of premises on which private non-commercial air navigation 
facilities are located who give permission to another to use the facilities 
does not thereby (a) extend any assurance that the premises are safe, or 
(b) constitute the person to whom permission has been granted the legal 
status of an invitee to whom a duty of care is owed, or (c) assume respon- 
sibility for or incur liability for any injury to person or property caused 
by any act of the person to whom the permission has been granted. 

222:2 Effective Date. This act takes effect sixty days after its pas- 
sage. 

[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



CHAPTER 223. 

AN ACT TO ELIMINATE RELATIVE RESPONSIBILITY IN THE ADMINISTRATION 
OF MEDICAL ASSISTANCE FOR THE AGED. 

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

223:1 Liability for Support. Amend RSA 167 by adding after RSA 
167:3-a as inserted by 1961, 18:1 the following new section: 167:3-b The 
provisions of sections 2 and 3 of this chapter do not apply to the adminis- 
tration of medical assistance for the asred. 

223:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



248 Chapter 224 [1965 

CHAPTER 224. 

AN ACT RELATIVE TO TOWN APPROPRIATIONS FOR RAILROAD PASSENGER 

SERVICE. 

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

224:1 ToA\ai Appropriations. Amend RSA 31:4 by inserting after 
paragraph XXXIX as inserted by 1965, 8:1 the following new paragraph: 
XL Railroads. To negotiate and arrange for railroad passenger service 
to the inhabitants of a town or area and to appropriate and expend such 
sums of money therefor as public convenience and necessity may require. 

224:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



CHAPTER 225. 

AN ACT TO CLARIFY THE PROCEDURE FOR THE DELIVERY OF ABSENTEE 
BALLOTS TO THE MODERATOR. 

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

225:1 Amend RSA 60:5 by striking out the section and inserting in 
its place the following: 60:5 Refusal to Certify; Procedure. If the appli- 
cant is not on the check list the town or city clerk shall notify the person 
making the application to that effect. The clerk shall preserve the appli- 
cation until the time set by law for the destruction of the ballots after the 
election at which time the application shall be destroyed. Any justice of 
the superior court has jurisdiction in equity upon such notice as he may 
order to require that the name of the person making application for an 
absentee ballot be placed upon the check list. 

225:2 Absentee Voting. Amend RSA 60:7 by striking out the same 
and inserting in place thereof the following: 60:7 Procedure, by Clerk. 
Upon receipt of the envelope (mailed or delivered to the town clerk,) 
purporting to contain an official absentee voting ballot, the clerk of the 
city or town shall attach thereto the application for an official absent vot- 
ing ballot executed by the voter whose name appears thereon. All such 
envelopes shall be preserved unopened. Upon election day before the hour 
for the closing of the polls the said clerk shall deliver all envelopes (with 
applications) received by him to the moderators in the several voting pre- 



1965] Chapter 226 249 

cincts in which the voters named therein assert the right to vote, taking 
a receipt from the moderator therefor. No absent voter's ballot shall be 
cast or counted unless it be delivered to the moderator at the proper poll- 
ing place prior to the closing of the polls on the day of the election. 

225:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved June 30, 1965.] 
[Effective date August 29, 1965.] 



CHAPTER 226. 

AN ACT TO APPROPRIATE ADDITIONAL FUNDS FOR CAPITAL IMPROVEMENTS 
TO TECHNICAL INSTITUTES. 

Be it Enacted by the Senate and House of Representatives in General 
Court co7ivened: 

226:1 Appropriation. Amend 1963, 251, by inserting the following 
new section: 251:l-a Appropriation. In addition to the sums specified 
in section 1, the sum of six hundred ninety thousand dollars ($690,000) 
is hereby appropriated for the purpose of capital improvements, which 
purpose includes the related improvements, facilities, equipment and 
furnishings as are necessary to complete the Manchester Technical Insti- 
tute, the Portsmouth Technical Institute and the North Country Techni- 
cal Institute. The additional estimated costs for these projects are as fol- 
lows: 

Manchester Technical Institute $265,000.00 

North Country Technical Institute 200,000.00 

Portsmouth Technical Institute 225,000.00 

226:2 Borrowing Power. Amend 1963, 251:8 by inserting after the 
figures "($8,341,150)", the following words and figures, to provide funds 
for the appropriations made in section 1-a hereof not exceeding the sum 
of six hundred ninety thousand dollars ($690,000), and by inserting after 
the figure "1" on line eighteen, the following, 1-a, so that said section as 
amended reads as follows: 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 1-a hereof not 
exceeding the sum of six hundred ninety thousand dollars ($690,000); to 
provide funds for the appropriations made in section 2 hereof not ex- 
ceeding the sum of four million three hundred thirty-four thousand eight 
hundred eleven dollars ($4,334,811); to provide funds for the appropria- 
tion made in section 3 hereof not exceeding the sum of one hundred 



250 Chapter 226 [1965 

eighty-five thousand one hundred dollars ($185,000); 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 pur- 
poses 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 follo^vs: bonds and notes issued to provide funds for the appropria- 
tions made in section 1, 1-a 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. 

226:3 Payments. Amend 1963, 251:9 by inserting after the figure "1" 
on line two the following: , 1-a, so that said section as amended reads as 
follows: 251:9 Payments. The payment of principal and interest on 
bonds and notes issued for the projects in sections 1, 1-a, and 3 shall be 
made when due from the general funds of the state. The payment of prin- 
cipal 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. 

226:4 Proceeds from Sale. Amend 1963, 251:10 by inserting after 
the figure "1" on line four the following: , 1-a, so that said section as 
amended reads as follows: 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 gov- 
ernor for the purposes of sections 1, 1-a, 2, 3, and 4 above. The governor, 
with the advice and consent of the council, shall draw his w^arrants for 
the payments from the funds provided for herein of all funds expended 
or due for the purposes herein authorized. 

226:5 Short Term Notes. Amend 1963, 251:12 by inserting after the 
figure "1" on line nine, the following, ;(l-a) not exceeding the sum of six 
hundred seventy-four thousand six hundred thirty dollars for borrowing 
to provide funds for the purposes of section 1-a, so that said section as 
amended reads as follows: 251:12 Short Term Notes. Prior to the issu- 
ance of the bonds or notes hereunder, the treasurer, under the direction 
of the governor and council, may for the purposes hereof borro^v 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 indebtedness 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 



1965] Chapter 227 251 

funds for the purposes of section 1; (1-a) not exceeding the sum of six 
hundred seventy four thousand six hundred thirty dollars for borrowing 
to provide funds for the purposes of section 1-a; (2) not exceeding the 
sum of four million three hundred thirty four thousand eight hundred 
eleven dollars for borrowing to provide 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 sec- 
tion 3; and (4) not exceeding the sum of one hundred twenty five thou- 
sand dollars for borrowing to provide funds for the purposes of section 4. 

226:6 Federal Funds. To the extent that funds are received for fiscal 
years ending June 30, 1965 and June 30, 1966 from the federal govern- 
ment, pursuant to the vocational education act of 1963 or any other fed- 
eral statute making federal money available from capital improvements 
to the Manchester, Portsmouth and North Country technical institutes, 
the department of education and the governor and council shall utilize 
said federal funds for constructing and equipping said institute, provided 
that nothing herein shall require that federal funds for fiscal June 30, 
1965 be used for the aforesaid technical institutes until two hundred 
sixty-five thousand dollars ($265,000) of federal funds has been allocated 
to New Hampshire technical institute at Concord, seventy-five thousand 
dollars ($75,000) has been allocated to reimburse cooperative school dis- 
tricts for new construction for vocational education and fifty thousand 
dollars ($50,000) has been allocated for the purchase of new equipment 
for approved vocational programs in secondary schools. 

226:7 Takes Effect. This act shall take effect upon passage. 
[Approved Jime 30, 1965.] 
[Effective date June 30, 1965.] 



CHAPTER 227. 

AN ACT RELATIVE TO PROCEDURE FOR RE-ASSESSMENTS OF TAXABLE 
PROPERTY BY THE TAX COMMISSION. 

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

227:1 Tax Commission. Amend RSA 71:12 (supp) as amended by 
1959, 123:1 and 1963, 272:1 by striking out the section and inserting in 
place thereof the following: 71:12 Re-Assessments. The tax commission 
may order a reassessment of any taxable property in the state: 

I. When a specific written complaint is filed with it before the end 
of the tax year by a property owner that a particular parcel of real estate 
or item of personal property not owned by him has not been assessed, or 



252 Chapter 227 [1965 

that it has been fraudulently, improperly, unequally or illegally assessed; 



or 



II. When it comes to the attention of the tax commission from any 
source that a particular parcel of real estate or item of personal property 
has not been assessed, or that it has been fraudulently, improperly, un- 
equally or illegally assessed; or 

III. When, for any reason, in the judgment of the commission any 
or all of the property in any taxing district should be reassessed. 

IV. Notice shall be sent by certified mail to the taxpayer against 
whom the complaint is made. 

227:2 Time Limitation. Amend RSA 71:13 (supp) as amended by 
1955, 297:1, 1959, 123:2 and 1963, 272:2 by striking out said section and 
inserting in place thereof the following: 71:13 Procedure For. When 
selectmen or assessors are ordered to make an assessment or re-assessment, 
it shall be made within such time as the tax commission shall order, pro- 
vided however, if such order requires the re-assessment of all of the tax- 
able property in a taxing district, such order shall allow at least one year 
subsequent thereto in which to comply with said order; and provided 
further that if the voters of such taxing district prior to the expiration of 
the period during which said order shall be complied with shall vote to 
have a complete re-appraisal of all of the taxable property in the taxing 
district made by either appraisers of the tax commission or an approved 
private appraisal company then the order of the commission shall be sus- 
pended until such time as such re-appraisal is completed, and if the same 
is satisfactory to the tax commission the order shall be revoked. If the 
assessment or re-assessment is not made in conformity with the order, 
except as above provided, or is not satisfactory to the tax commission the 
commission may make it, or cause it to be made by skilled professional 
appraisers employed for the purpose and the commission is authorized to 
incur such expense and certify the cost thereof to the governor ^vho shall 
draw his warrant on the state treasury out of any money not otherwise 
appropriated authorizing payment of the sum so specified. 

227:3 Payment. Amend RSA 71:14 (supp) as amended by 1959, 123:3 
by striking out said section and inserting in place thereof the following: 
71:14 Expense of. The expense of such assessment or re-assessment, if 
made by the tax commission or by professional appraisers employed by 
it, shall be promptly paid to the state by the town or city in which the 
property assessed is situated upon notification by the tax commission of 
the amount due. 

227:4 No Transfer of Fund. Amend 1963, 199:1 by striking out in 
the appropriation for the department of labor the following: 



1965] Chapter 228 253 

"Less transfer from second injury fund 42,500f 



Net Appropriation $104,440 

fNotwithstanding 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 depart- 
ment of labor." 

Further amend said section by striking out the figure "$33,172,165." in 
the last line of said section and inserting in place thereof the figure, 
$33,214,665. 

227:5 Takes Effect. This act shall take effect upon passage. 
[Approved June 30, 1965.] 
[Effective date June 30, 1965.] 



CHAPTER 228. 

AN ACT RELATING TO PUBLIC ROADS TO PRIVATE RECREATIONAL AREAS. 

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

228:1 New Chapter. Amend RSA by inserting after chapter RSA 
236-B, as inserted by 1963, 115:1, the following new chapter: 

Chapter 236-C 

Public Roads Leading to Private Recreational Areas 

236-C: 1 Authorization. The commissioner of public works and high- 
ways when authorized by the general court, and upon the approval of 
the governor and council, may lay out and construct a public road to a 
private recreational area. 

236-C:2 Classification. Any act authorizing the lay out and construc- 
tion of such a road shall classify the same. The classifications shall be 
either class III or class V, unless special circumstances justify a different 
classification. 

236-C:3 Appropriation. An act authorizing the lay out and construc- 
tion of a public road to a private recreational area shall provide an ap- 
propriation for preliminary engineering and said appropriation shall be 
in addition and added to the department of public works and highways 
engineering appropriation. 



254 Chapter 228 [1965 

236-C:4 Determination of Feasibility. Any funds appropriated for 
preliminary engineering under this chapter shall be expended only upon 
approval of the governor and council, after their determination as to the 
feasibility of the proposed recreational area and the financial responsi- 
bility of the owner or developer. 

236-C:5 Advisory Commission. An advisory commission is hereby 
established and shall consist of not less than three members, one of whom 
shall be a member of the executive council designated by the governor, 
one of ^vhom shall be the commissioner of public works and highways, or 
his designated representative, and the additional one or more members 
^vho shall be appointed by the governor for terms of four years each. The 
commission shall advise the governor and council as to the feasibility and 
financial responsibility required to be determined as provided in section 
4 of this chapter. 

236-C:6 Construction Funds. I. The commissioner of public works 
and highways, before commencing construction of any public road lead- 
ing to a private recreational area, shall determine that sufficient funds 
are available to cover the costs of such construction whether from funds 
appropriated by the general court or from funds made available by the 
industrial park authority under RSA 162-A:6-b. 

II. Any funds appropriated for construction or reconstruction of 
any public road leading primarily to a private recreational area shall be 
expended only after such recreational area is developed for public use 
and the expenditure has been determined by governor and council to be 
for a public purpose. 

III. Any funds appropriated for redemption of a loan previously 
made by the industrial park authority for construction of a public road 
to a private recreational area shall be in addition and added to the ap- 
propriation for construction and reconstruction of the department of 
public works and highways and shall be transferred to the industrial park 
authority upon approval of the governor and council. 

236-C:7 Right-of-Way. The commissioner of public works and high- 
ways before commencing construction of any public road under this 
chapter shall determine that title to the right-of-way has been conveyed 
to the state or to the town or towns in which the road is to be constructed. 

228:2 Repeal. RSA 236-B, as inserted by 1963, 115:1, relative to ac- 
cess roads to ski developments is hereby repealed. 

228:3 Loans from Industrial Park Authority. Amend RSA 162-A 
by inserting after section 6-a as inserted by 1959, 136:1 the following new 
section: I62-A:6-b Loans for Construction of Public Roads to Private 
Recreational Areas. The authority may loan or expend funds, upon such 
terms and conditions as prescribed by the authority, for the construction 



1965] Chapter 229 255 

of public roads to private recreational areas provided such roads have 
been authorized by the general court and further provided that the gov- 
ernor and council have approved the expenditure of funds for prelim- 
inary engineering as provided in RSA 236-C:4. Any loan or expenditure 
of funds under this section shall be deemed to be a project subject to ap- 
proval of governor and council as provided in RSA 162-A:8. 

228:4 Liability for Maintenance. Amend RSA 231 by inserting after 
section 8 and section 6-a, as inserted by 1961, 170:1 and amended by 1965, 
68, the following new sections respectively: 231:6-b Class III Public 
Roads to Private Recreational Areas. Any class III public road which 
leads primarily to a private recreational area shall be maintained by the 
owner or operator of such area to the satisfaction of the commissioner of 
public works and highways, unless otherwise specifically provided. 

231:8-a Class V Public Roads to Private Recreational Areas. Any 

class V public road which leads to a private recreational area shall be 
maintained either by the operator of such area or by the town or towns 
in which said road is located unless otherwise specifically provided. 

228:5 Takes Effect. This act shall take effect July 1, 1965. 
[Approved June 30, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 229. 

AN ACT TO ESTABLISH THE CITY OF EXETER. 

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

229:1 EstabKshment. On the effective date of this charter the inhab- 
itants of the toAvn of Exeter, in the county of Rockingham, become a body, 
corporate and politic, under the name of the "City of Exeter." 

229:2 Transfer of Property. All property and assets of the town of 
Exeter in existence on the effective date of this charter become vested in 
the city under the provisions of this charter, and all obligations and debts 
of the town become the obligations and debts of the city of Exeter. 

229:3 School District. The school district of the town of Exeter as 
it is constituted on the effective date of this charter becomes a body, cor- 
porate and politic, and has all the powers and is subject to the same obli- 
gations and duties as are conferred or imposed upon town school districts 
by the statutes of the state. However, the school district or the city man- 
ager provided for under this charter are authorized to enter into any agree- 
ments for cooperative purchasing and maintenance of buildings they 
consider desirable to effect economies and promote efficiency. 



256 Chapter 229 [1965 

Elections 

229:4 The City Council. The city council consists of nine members 
-\vho are qualified voters of the city of Exeter. Six members of the council 
are Avard councihnen and three members are councilmen at large. The 
boundaries of the wards of Exeter are set forth in paragraph 63 of this 
charter. Ward councilmen shall reside in the wards they represent and 
shall be elected by the voters of the ward they reside in. The councilmen 
at large shall be elected by all of the qualified voters of the city of Exeter. 
The terms of office of the ward councilmen are two years and the terms 
of the councilmen at large are three years. The terms shall be staggered 
so that each year, one councilman at large and one ward councilman from 
each ward is elected. The candidate receiving the largest number of votes 
is elected to the office. 

229:5 Municipal Elections. The city shall hold an annual municipal 
election on the Tuesday following the first Monday in November. In the 
even numbered years when the municipal election is held on the same 
day as the state biennial election is held a special warrant for the mimici- 
pal election shall be posted. At each state biennial election held on that 
date each ward of the City of Exeter shall elect by ballot a moderator, a 
ward clerk and three supervisors of the check-list who shall hold office 
for two years and until their successors are elected and qualified. 

229:6 Preparation of Ballots. The city clerk shall prepare the ballots 
to be used at the municipal elections in form as nearly like the ones used 
in state biennial elections as the requirements of this charter permit. Can- 
didates for councilmen shall file before five o'clock in the afternoon of 
the fourteenth day before the election. Candidates shall pay the city clerk 
a fee of two dollars except those on whose behalf a petition has been filed 
by at least twenty qualified voters. No name may be printed on the ballot 
by reason of such a petition unless the candidate writes his consent on the 
petition not later than ten days before the election. In preparing the 
ballot, the city clerk shall draw the names of the candidates for each office 
by lot, and shall place the names on the ballot in the order they are drawn. 
Below^ the list of names of candidates for councilmen the clerk shall place 
as many blank spaces as there are councilmen to be voted for. The city 
clerk has the same powers and duties with reference to mimicipal elec- 
tions as the secretary of state has with reference to general elections so 
far as the powers and duties are not inconsistent with this charter. 

229:7 Qualification of Voters. Persons who would be qualified to 
vote in a state biennial election if it were held on the day of the municipal 
election are qualified voters. Municipal elections under this charter are 
elections within the meaning of all general statutes, penal and otherwise, 
and the statutes governing elections apply to municipal elections so far as 
consistent with this charter. 



1965] Chapter 229 257 

229:8 Procedure. The election officials shall keep the polls open for 
voting at each municipal election from 10 o'clock in the morning to 8 
o'clock in the evening. Unless changed by the city council, the election 
officials shall receive, sort, count, and declare the vote pursuant to the 
election statutes. The city clerk shall make a true and certified copy of 
the record of the votes. A majority of the supervisors and the moderator 
shall also certify to the correctness of the record of the votes. 

229:9 Ballot Preservation. All the ballots cast at a municipal elec- 
tion shall be kept by the city clerk, sealed for two months. They may be 
opened during the two months on a request for a recount by a candidate 
in the election at which they were cast, or upon order of any court or the 
city council. 

229:10 Canvass. The city council shall meet on the Thursday fol- 
lowing the election, and the city clerk shall lay the returns of the vote 
before the council. The council shall examine the results and declare the 
persons having the largest number of votes to be elected, and shall cause 
them to be notified of their election. 

229:11 Contested Elections. Upon the request of any candidate made 
after the declaration of the successful candidates, the council shall, subject 
to such rules and regulations as it prescribes, recoimt the ballots cast in 
the election and hear and determine any election contest. Decisions of 
the council are final. If there is a tie vote, the council shall choose the 
successful candidate by lot in such manner as it may determine. For the 
purpose of hearing evidence in any election contest, the council has the 
power to subpoena witnesses and compel the production of books, rec- 
ords, and papers. 

229:12 House of Representatives. Members of the house of repre- 
sentatives elected from the town of Exeter in office when this charter is 
adopted shall serve as such members for the remainder of the term for 
which elected as members at large from the city of Exeter. Thereafter the 
city of Exeter shall be entitled to the number of representatives appor- 
tioned to the city. Said representatives shall be elected at large until the 
general court shall apportion the representatives for each ward. 

Administration 

229:13 The Council. The administration of all fiscal, prudential, 
and municipal affairs of the city of Exeter is, except as other^vise provided, 
vested in the city council. Vacancies occurring in the office of councilman 
shall be filled by a majority vote of the council. The city clerk shall act 
as clerk of the council. 

229:14 Chairman. The council shall at its first meeting of the year 
choose one of its members as chairman for the municipal year. He shall 



258 Chapter 229 [1965 

preside at meetings of the council and may speak and vote in council 
meetings. He is the head of the city for all ceremonial purposes. 

229:15 Qualifications. Any person may be a candidate for election 
as councilman if he is a qualified voter in the city and has been a resident 
of the city for two years immediately preceding the election. No person 
in default in taxes to the city is eligible for election to the council. No 
councilman during his term as coimcilman is eligible to hold any other 
paid miuiicipal office or position. This section does not prevent any coun- 
cilman from serving as a call member of the fire department. 

229:16. Compensation. A councilman is entitled to ten dollars for 
each reo^ular council meetino- he attends, but is not entitled to more than 
two hundred dollars in any year, in full for his services and expenses. 

229:17 Meetings. All meetings of the council at which a vote is taken 
are public. Regular meetings shall be held twice monthly at a time set by 
the council. Special meetings may be held upon notice delivered to each 
councilman by the city clerk at the request of the chairman, or the man- 
ager with the consent of the majority of the councilmen. A majority of 
the council constitutes a quorum for the transaction of business. The city 
clerk shall give public notice of council meetings, budget hearings, and 
other meetings open to the public in such a manner as to permit maxi- 
mum participation by all voters. 

229:18 General Powers. The city cotmcil created by this act, except 
as herein otherwise provided, has all the powers and may perform, in 
reference to each other or otherwise, all the duties which mayors, boards 
of aldermen, and common councils of cities, and selectmen of towns are 
by la^v authorized or required to do and perform, except as those powers 
or duties are inconsistent with other provisions of this charter, or with 
powers or duties specifically transferred to the manager. The city council 
created by this act has all the powers and may perform all the provisions 
of statutes pertaining to the duties or powers of aldermen or common 
councils, except insofar as a contrary intention appears in this act or inso- 
far as they are inconsistent with other provisions of this charter or with 
powers or duties specifically transferred to the manager. 

229:19 Manager. The city council shall appoint a city manager. The 
city manager is the chief executive and administrative officer of the city 
government. He shall keep the council informed of the condition and 
needs of the city. He has the right to take part in the discussion of all 
matters coming before the council but he does not have the right to vote. 
The council shall appoint him for an indefinite term by a t^vo-thirds vote 
of its members. 

229:20 Qualifications. The manager shall be chosen solely on the 
basis of his executive and administrative qualifications. He need not be 



1965] Chapter 229 259 

a resident of the city or state at the time of his appointment. During liis 
tenure of office he shall reside within the city. 

229:21 Removal. The manager may be removed by a two-thirds vote 
of the members of the council. At least thirty days before the proposed 
removal of the manager, the council shall adopt a resolution stating its 
intention to remove him and the reasons for the removal. The city clerk 
shall have a copy of the resolution served forthwith on the manager. With- 
in ten days after receiving the resolution, the manager may demand a 
public hearing, in which event the manager may not be removed until 
after the public hearing. Upon or after passage of the resolution the coun- 
cil may suspend him from duty, but his pay continues until his removal. 
If he is suspended, the council may appoint an acting manager to serve 
at the pleasure of the council for not more than ninety days. The action 
of the council in removing the manager is final. 

229:22 Non-interference by the Council. Neither the council nor 
any of its members shall direct or request the city manager to appoint any 
person to office or employment, or to remove any person from office or 
employment. Neither the council nor any of its members shall give orders 
to any of the administrative officers either publicly or privately. Any viola- 
tion of the provisions of this section by a councilman shall be a misde- 
meanor, a conviction of ^vhich shall result in immediate forfeiture of his 
office. 

229:23 Officers. The manager shall appoint the officers he considers 
necessary to administer all departments of the city. 

229:24 Administrative Departments. The first manager under this 
charter shall draft and submit to the council within six months after tak- 
ing office an ordinance dividing the administrative services of the city into 
departments, divisions, and bureaus and defining the finictions and duties 
of each. The ordinance is kno^vn as the "Administrative Code." After the 
adoption of the ordinance, upon recommendation of the manager, the 
council by ordinance may create, consolidate, or abolish departments, 
divisions, and bureaus of the city and define or alter their fimctions and 
duties. Each officer has supervision and control of his department and the 
employees in his department, and he has the power to prescribe rules and 
regulations for the administration of his department, consistent with the 
administrative code and the rules and regulations of the merit plan. Pend- 
ing passage of such a code the manager may establish temporary regula- 
tions. 

229:25 Municipal Year. The first weekday of January is the begin- 
ning of the administrative municipal year. A newly elected councilman 
takes office at the beginning of the municipal year following his election, 
and he remains in office until his successor is elected and qualifies. 



260 Chapter 229 [1965 

Finances 

229:26 Financial Control. The comptroller shall maintain account- 
ing control over the finances of the city, make financial reports, and per- 
form such other duties as required. No bill against the city may be ap- 
proved by the city manager until the comptroller has audited and 
approved the bill and has certified that the bill was lawfully contracted, 
that the prices charged for all goods and material are reasonable, that 
the goods or material were actually received by the city and that the bill 
is in favor of a person legally entitled to receive payment for the bill. The 
duties of the comptroller may not be vested in the same person as the dis- 
bursing officer. 

229:27 False Audit, Penalty. If the comptroller knowingly makes a 
false certification or approves any bill when he knows that the appropria- 
tion from Avhich the bill should be paid is exhausted, he shall be fined not 
exceeding tA\^o hundred dollars or imprisoned not exceeding six months, 
or both. 

229:28 Unauthorized Payment, Penalty. If an officer who is author- 
ized to pay money of the city pays out any money from the city treasury 
except on order of the city manager after approval by the comptroller, 
he shall be fined not exceeding two hmidred dollars or imprisoned not 
exceeding six months, or both, and is personally bound to refund to the 
city any sum so paid. 

229:29 Budget Procedure. The city fiscal year begins on July 1 of 
each calendar year. Before March 31 of each year, each officer or director 
of a department shall submit to the manager an itemized estimate of ex- 
penditures for the next fiscal year for the departments or activities luider 
his control. The manager shall submit the proposed budget to the council 
not later than the second regular council meeting of April of each year. 

229:30 Budget Hearing. The council shall hold a public hearing 
on the budget at least thirty days before its final adoption by the council, 
at a time and place as the council directs. The city clerk shall publish a 
notice of the date, time, and place of holding the public hearing, and also 
a copy of the budget as submitted by the manager, in a ne^vspaper in gen- 
eral circulation in the city at least seven days before the public hearing. 
The city clerk shall have copies of the budget available at his office at 
least seven days before the public hearing. 

229:31 Date of Final Adoption. The council shall adopt the budget 
not later than the first day of the fiscal year to which it applies. Should 
the council take no final action on or prior to that day, the budget as sub- 
mitted shall be deemed to have been finally adopted by the council. 

229:32 Appropriations after the Budget is Adopted. The council 
shall not make an appropriation for any purpose not included in the 



1965] Chapter 229 261 

annual budget as adopted unless voted by a two-thirds vote of the council 
after a public hearing held to discuss the appropriation. The council shall 
by resolution designate the source of any money so appropriated. The 
city clerk shall publish notice of the public hearing and a statement of 
the purpose and amount of the appropriation in a manner similar to the 
publication of the notice of the hearings on the annual budget. 

229:33 Budget Control. At the beginning of each quarterly period 
during the fiscal year and more often if required by the council, the man- 
ager shall submit to the coimcil data showing the relation between the 
estimated and the actual income and expenses to date, together with out- 
standing indebtedness and estimated future expenses. If it appears that 
the income is less than anticipated, the council and the manager may re- 
duce the appropriation, for any item or items, except amounts required 
for debt and interest charges. The manager may provide for monthly or 
quarterly allotments of appropriations to departments, funds, or agencies 
luider such rules as he prescribes. 

229:34 Transfer of Appropriations. After the budget has been 
adopted, no money may be drawn from the treasury of the city, nor may 
any obligation for the expenditure of money be incurred, except under a 
budget appropriation unless there is a specific additional appropriation 
for the expenditure. The head of any department with the approval of 
the manager, may transfer any unencumbered balance or any portion of 
it from one fund or agency within his department to another fund or 
agency within his department. The manager, with approval of the coun- 
cil, may transfer any unencumbered appropriation balance or any portion 
of it from one department to another. 

229:35 Depository. The council shall designate the depository or 
depositories for the city funds on a bid basis, and shall provide for the 
daily deposit of all city moneys. The council may provide for such security 
for the city deposits it considers necessary, except that personal surety 
bonds may not be used as security. 

229:36 Independent Audit. The council shall have an independent 
audit made of all accoiuits of the city government at least annually and 
more frequently if considered necessary by the council. The audit shall 
be made by accountants experienced in municipal accounting or by a 
state tax commission auditor. The coiuicil shall make public an abstract 
of the results of the avidit. At least once every five years the council shall 
request that the audit be made by the state tax commission if it is then 
authorized by law to make such an audit. The council shall prepare an an- 
nual report of the city's affairs of the preceding fiscal year. The council 
shall make the reports available for distribution by the city clerk by Oc- 
tober 15 of each year. 

229:37 Official Bonds. Any city officer elected or appointed by au- 
thority of this charter may be required by the council to give a bond to 



262 Chapter 229 [1965 

be approved by the city solicitor for tiie faithful performance of the duties 
of his office. The manager and all officers receiving or disbursing city 
funds must be so bonded. All official bonds shall be corporate surety bonds 
and the bond premiums shall be paid by the city. The bonds shall be filed 
Avith the city clerk. No person may take office until the bond required by 
this section has been filed. 

229:38 Borrowing Procedure. Subject to the applicable provisions 
of state \r\v and the rules and regulations provided by ordinances, the 
council, by resolution, may authorize the borrowing of money for any 
purpose within the scope of the powers vested in the city. It may authorize 
the issuance of bonds of the city or other evidence of indebtedness, and 
may pledge the full faith, credit, and resources of the city for the payment 
of the obligation created by the resolution. In no event may the term of 
the bonds exceed the limitations imposed by state law. To borrow money 
for a term longer than one year, the council shall hold a public hearing 
advertised in the same manner as the public hearing on the budget, and 
the council must approve the borrowing by a two-thirds vote. 

229:39 Investment of Bond Proceeds. The city treasurer may invest 
the proceeds from the issue of bonds and notes and temporary notes issued 
in anticipation of revenue, prior to their application to the payment of 
liabilities incurred for the purpose specified in the authorization of the 
loan, in certificates of deposit in any state banks or trust companies or 
national banks or in United States treasury bills. 

City Personnel 

229:40 Appointments. Officers making appointments and promo- 
tions to any position in the service of the city shall make them on the 
basis of merit and only after examination of the applicant's fitness. So far 
as possible examinations shall be competitive. 

229:41 Rules and Regulations. Within three months after assuming 
office the first city manager under this charter, with the assistance of the 
personnel advisory board, shall draft and submit to the council a set of 
rules and regulations which provide for the establishment of a merit sys- 
tem of personnel administration and for the implementation of such 
portions of that system as are prescribed by this charter. The rules and 
regulations become effective thirty days after their submission unless 
vetoed by the council within that period. The manager shall provide in 
the rules and regulations provisions with regard to classification, com- 
pensation, selection, training, promotion, discipline, vacations, retire- 
ments, and any other matters necessary to the maintenance of efficient 
service and the improvement of working conditions. Until the first set of 
such rules and regulations become efl:ective, the manager may establish 
temporary rules and regulations. The manager with the assistance of the 



1965] Chapter 229 263 

personnel advisory board, may submit amendments to the rules and regu- 
lations of the merit system to the council. The amendments become effec- 
tive thirty days after they are submitted to the council, unless the council 
vetoes the amendments within the thirty days. 

229:42 Compensation. The city manager, with the assistance of the 
personnel advisory board, shall provide a schedule of pay in the rules 
and regulations of the merit plan for the salaries of all officers and em- 
ployees of the city not fixed by this charter. He shall include a minimum 
and maximum schedule with such intermediate rates as he considers ad- 
visable for each class of positions provided in the rules and regulations. 
In increasing or decreasing items in the city budget, the council may not 
increase or decrease any individual salary item. It shall not act solely with 
respect to total salaries in each of the various departments of the city. 

229:43 Personnel Advisory Board. A personnel advisory board is 
established to study the broad problems of personnel policy and adminis- 
tration, to advise the council concerning the personnel policies of the 
city, to advise the manager regarding the administration of the merit 
plan and retirement system, and to hear appeals of any employee ag- 
grieved as to the status or condition of his employment or retirement. 
The board shall report its findings of facts and recommendations to the 
manager upon such appeals but the board has no power to reinstate an 
employee unless it finds, after investigation, that the disciplinary action 
was taken against the employee for religious, racial, or political reasons. 
The board is to serve without pay. The board consists of three citizens 
holding no other political office. One member is appointed by the man- 
ager, one by the council and the third by these two appointees. In the 
first instance only, the member appointed by the manager shall serve for 
one year, the member appointed by the council for two years and the 
third member for three years, in each case beginning on the effective date 
of this charter. The term of all succeeding members is for three years be- 
ginning on the expiration of the previous term. 

229:44 Certification of Compensation. No compensation may be 
paid without certification by the manager, or by such officer as he directs, 
that the recipients are employed by the city and that their rates of com- 
pensation comply with the pay schedule provided for. If the officer ap- 
proves payments not in conformity ^vith the pay schedule, he and his 
surety are liable for the amount of the payments. 

229:45 Tax Payers Remedy. A tax payer may maintain a civil action 
to restrain payment of compensation to persons unlawfully appointed 
or employed, and may maintain an action to recover for the city sums 
paid contrary to the provisions of this charter. 

229:46 Politics. No person receiving any compensation as an officer 
or employee of the city of Exeter, other than a councilman, a member of 



264 Chapter 229 [1965 

the board of registrars of voters, or a call fireman, in the service of the 
city, may continue in that position after becoming a candidate for nom- 
ination or election to any public office, nor shall any such person make 
or solicit any contribution to the campaign funds of any political party 
or any candidate for public office, or take part in the management, affairs, 
or political campaign of any political party further than in exercise of 
his rights as a citizen to express his opinion and to cast his vote. Whoever 
violates any provision of this section shall be punished by a fine not more 
than fifty dollars. Upon final conviction of a violation of this section his 
office or position in the service of the city becomes vacated and he shall 
never again be eligible for any office or position, elective or otherwise, 
in the service of the city. 

229:47 Employees when Charter Adopted. No employee of the city 
at the time this charter is adopted may be required to take any examina- 
tion in order to continue within the employment of the city. All other 
provisions of the merit plan apply to such employees. 

229:48 Oath of Office. Every person elected or appointed to any city 
office before entering upon the duties of his office shall take and subscribe 
to an oath of office as provided by law. He shall file the oath in the office 
of the city clerk, 

229:49 Notice of Election or Appointment. The city clerk shall mail 
written notice of the election or appointment of any city officer to the 
officer at his address within forty-eight hours after the appointment is 
made or vote canvassed. If, within ten days of the date of notice, such 
officer does not take, subscribe to, and file -^vith the city clerk an oath of 
office, the neglect is deemed a refusal to serve and the office thereupon 
becomes vacant, unless the council extends the time in ^vhich the officer 
may qualify. 

229:50 Vacancy Defined. In addition to other provisions of this 
charter a vacancy exists in any office when an officer dies, resigns, is re- 
moved from office, is convicted of a felony, or is judicially declared to be 
mentally incompetent. 

229:51 Official Interest in Contracts. No elective or appointive officer 
or employee of the city may take part, directly or indirectly, in a decision 
concerning the business of the city in which he has a financial interest 
aside from his salary as such officer or employee. 

229:52 Private Use of Public Property. No officer or employee may 
devote any city property or labor to private use except as provided by law 
or ordinance. 

229:53 Use of Streets by Public Utilities. Every public utility shall 
pay such part of the cost of improvement or maintenance of streets, alleys. 



1965] 



Chapter 229 265 



bridges, and public places that arises from its use thereof, and it shall pro- 
tect and save the city harmless from all damage arising from the use. 

229:54 Liability for Discharge. The removal from office or employ- 
ment with, or without cause, under this charter, of a person elected or 
appointed or otherwise chosen for a fixed term gives no right of action 
for breach of contract. 

229:55 Notice of Claim. No action at law of bill in equity may be 
sustained against the city unless a notice setting forth the nature and 
amount, if any, of the claim is delivered or sent by registered mail to the 
office of the city clerk not less than sixty days prior to the commencement 
of the action at law or bill in equity. 

229:56 District Court. The district court of the town of Exeter as 
constituted on the effective date of this charter is continued in the city 
of Exeter. 

229:57 Violations. All violations of provisions of this charter unless 
otherwise provided are declared to be misdemeanors and all violations of 
the charter and violations of city ordinances for which no other punish- 
ment is provided shall be punished by fine not exceeding five hundred 
dollars or imprisonment for a period not exceeding ninety days, or both, 
in the discretion of the court. 

229:58 Public Records. The city shall buy all books of account, in 
relation to the receipt holding or disbursement of money of the city kept 
by any official of the city, and they remain the property of the city. When 
the keeper of the books of accoinit leaves office, he shall turn the books 
over to the city clerk. All books pertaining to city affairs kept by the city 
manager, city clerk, or any other elective or appointive officer of the city 
shall be kept in the city buildings in their proper places and may not be 
remo\'ed without the prior order of the court or prior vote of the city 
coiuicil. All books and accounts of any official of the city and all records 
of the city coinicil and any committee of the council are open to the in- 
spection of any citizen of the city at all times during business hours. 

229:59 Excessive Expenditures. If any officer, board, or commission 
or member thereof, of the city, having authority to make contracts or 
expend money in behalf of the city makes any contract, purchases any 
goods, or employs any labor, or otherwise undertakes to make the city 
liable for any amount in excess of the funds available for the contract or 
expenditure from income or appropriations, the officer, board, or com- 
mission, or member thereof, may be removed from office by the city coun- 
cil after a hearing. 

229:60 Trust Funds. Trustees of trust funds of the city shall keep 
the funds separate and apart from all other funds in the hands of the 
trustees. The council shall appoint one trustee each year for a term of 



266 Chapter 229 [1965 

three years. The appointment of a trustee is not effective until it is con- 
firmed by a vote of at least two-thirds of the membership of the council. 
The trustees shall invest the funds in securities legal for investment. The 
adoption of this charter does not affect the term of office of the trustees 
of trust funds in office at the time of its adoption. 

229:61 (This section is reserved for future use.) 

229:62 (This section is reserved for future use.) 

Ward Boundaries 

229:63 Waids. The city of Exeter is divided into three wards. 

I. Ward One is that portion of the western part of the city bounded 
on the west by the town of Brentwood; on the north by the town of New- 
fields, east by the tracks of the Boston and Maine Railroad and south by 
the tOAvn of East Kingston more particularly described as follows: Begin- 
ning at the junction of the north boundary of the town of East Kingston 
with the east boundary of the town of Brentwood and the west boundary 
of the city of Exeter, which point is the southwest corner of the city of 
Exeter and of Ward One of the city; thence northerly following the west 
boundary of the city of Exeter to the center line of the Exeter River, as 
it floAvs on its natural course which is also the boundary between Exeter 
and the town of Brentwood; thence easterly following the boundary line 
bet^veen Brentwood and Exeter along the center line of the Exeter River 
as it turns and flows on its natural course, to the point where the boundary 
line 4eaves the Exeter River; thence northerly along the boundary line 
betAveen Brentwood and Exeter to its junction with the boundary of the 
town of Epping and the town of Newfields; thence southeasterly along 
the boundary between Newfields and Epping as it jogs and turns, to its 
jimction with the center line of the Boston and Maine railroad main line 
to Portsmouth; thence southwesterly along the centerline of the Boston 
and Maine railroad to its junction with the boundary line between East 
Kingston and Exeter; thence ^vesterly along the boundary line bet^veen 
East Kingston and Exeter to the town line of Brentwood, which is the 
point of beginning. 

IL Ward T^vo is that portion of the center of the city of Exeter 
bovnided generally by the Boston and Maine railroad on the Avest, the 
town of Newfields on the north, the Squamscott river and the Exeter 
ri\ er on the east, and the Exeter river and the town of Kensington on 
the south, more particularly described as follows: Beginning at the point 
of intersection of the boundary line bet'ween East Kingston and Exeter, 
and the center line of the Boston and Maine railroad, Avhich is the south- 
west corner of ward two, thence from the point of beginning northeasterly 
along the center line of the Boston and Maine railroad which is also the 
east boundary of -^vard one of the city of Exeter to its intersection ^vith 



1965] Chapter 229 267 

the boundary line between Newfields and Exeter; thence easterly along 
the boundary line between Newfields and Exeter to the boundary line 
between the town of Stratham and Exeter which is the center line of the 
Squamscott river, as it flows on its natural course, thence southerly along 
the center of the mainstream of the Squamscott river, as it flows on its 
natural course which is the boundary line between Stratham and Exeter, 
to the point where the boundary line between the town of Stratham and 
Exeter leaves the Squamscott river; thence continuing southerly along 
the center of the Squamscott river as it flows on its natural course, to the 
dam in the river as it exists on the effective date of this charter; through 
the center of the dam to the center line of the Exeter river as it flows on 
its natural course; thence continuing southerly along the center of the 
mainstream of the Exeter river as it flows on its natural course to the in- 
tersection of the river -^vith the center line of state highway 108; thence 
southerly along the center line of state highway 108 to its intersection 
with the boundary line between the town of Kensington and Exeter; 
thence westerly along the boundary line between the town of Kensington 
and Exeter to its junction with the town line of East Kingston; continuing 
westerly along the boundary line betAveen East Kingston and Exeter to 
its intersection with the center line of the Boston and Maine railroad, 
which is the point of beginning. 

III. Ward Three is that portion of the easterly part of the city of 
Exeter bounded generally by the southerly section of state highway 108, 
the Exeter river, and the Squamscott river on the ^vest, the town of 
Stratham on the northeast, the towns of Hampton, Hampton Falls, and 
Kensington on the south more particularly described as follows: Begin- 
ning at a point at the intersection of the center line of state highway 108 
with the boundary line between the town of Kensington and Exeter; 
thence northerly along the center line of state highway 108 to its inter- 
section Avith the center of the mainstream of the Exeter river as it flows 
on its natural course; thence easterly and northerly along the center of 
the mainstream of the Exeter river as its flows on its natural course, 
through the center of the dam as it exists on the effective date of this 
charter, and then along the center of the mainstream of the Squamscott 
river as it flows on its natural course, to its junction with the boundary 
line between the town of Stratham and Exeter; thence southwesterly along 
the boundary line between the town of Stratham and Exeter to its junc- 
tion Avith the town line of Hampton and Exeter; thence westerly along 
the boundary line between the town of Hampton and Exeter to its junc- 
tion with the town line of Hampton Falls; thence continuing westerly 
along the boundary line between the town of Hampton Falls and Exeter 
to its junction with the town line of Kensington; thence continuing 
westerly along the boundary line between the town of Kensington and 
Exeter to its point of intersection with the center line of state highway 
108, which is the point of beginning. 



268 Chapter 229 [1965 

Local Legislation 
229:64 Municipal Legislation. 

L Ordinances. All municipal legislation is enacted by the council 
by the passage of an ordinance. The council shall identify each ordinance 
by a number and short title. The enacting clause is, "The City of Exeter 
Ordains". Members of the council or persons petitioning to introduce an 
ordinance shall prepare the ordinance in writing in the form as it is to 
be passed. After the ordinance is introduced the council shall have it read 
by title at an open meeting of the council. The council shall have the 
ordinance published in a ncAvspaper of general circulation in the city at 
least once, with a notice of the date, time and place when the ordinance 
will be given a public hearing at least seven days before the public hear- 
ing. If the full text of the ordinance is not published, the city manager 
shall have a copy of the complete ordinance as it will appear in final pas- 
sage available for any citizen requesting it, at least seven days before the 
date set for the public hearing. At the public hearing, the council shall 
have the bill read a second time. The council shall consider the ordinance 
for final passage at the time of its third reading. 

II. Zoning. Proposals for city zoning may not be passed by the coun- 
cil as an ordinance. Such a proposal shall be passed by a majority of the 
voters who vote on the proposal for zoning at a zoning referendum. 

III. Saving Clause. All ordinances and by-la"\vs of the to^vn of Exeter 
or its selectmen continue in force after the effective date of this charter 
until altered or repealed by the city council, except where a contrary in- 
tent appears in this charter. 

229:65 (This section is reserved for future use.) 

Initiative and Referendum 

229:66 General Authority. The qualified voters of the city have 
po^ver to propose ordinances to the council. If the council fails to adopt 
an ordinance so proposed without any change in substance, the qualified 
voters have poAver to adopt or reject it at a city election. The po"\\er does 
not extend to the budget or capital program or any ordinance relating 
to appropriation of money, levy of taxes or salaries of city officers or em- 
ployees. The qualified voters of the city have power to require reconsid- 
eration by the council of any adopted ordinance. If the council fails to 
repeal an ordinance so reconsidered, the qualified voters have po^ver to 
approve or reject it at a city election. The power does not extend to the 
budget or capital program or any emergency ordinance relating to appro- 
priation of money or levy or taxes. 

229:67 Commencement Proceedings. Any five qualified voters may 
commence initiative or referendum proceedings by filing with the city 
clerk an affidavit stating they will constitute the petitioners' committee 



1965] Chapter 229 269 

and be responsible for circulating the petition and filing it in proper 
form, stating their names and addresses and specifying the address to 
which all notices are to be sent, and setting out in full the proposed in- 
itiative ordinance or citing the ordinance sought to be reconsidered. 
Promptly after the affidavit of the petitioners' committee is filed the clerk 
shall issue the appropriate petition blanks to the petitioners' committee. 

229:68 Petitions. 

I. Initiative and referendum petitions must be signed by qualified 
voters of the city equal in number to at least 5% of the total number of 
qualified voters registered to vote at the last regular city election. 

II. All papers of a petition must be uniform in size and style and 
must be assembled as one instrument for filing. Each signature must be 
executed in ink or indelible pencil and followed by the address of the 
person signing. Petitions must contain or have attached to them through- 
out the time of their circulation the full text of the ordinance proposed 
or sought to be reconsidered. 

III. The person who circulates a petition shall attach to each paper 
of a petition an affidavit executed by the circulator which states the num- 
ber of signatures on the petition; that he personally circulated the peti- 
tion; that all the signatures were affixed in his presence; that he believes 
them to be the genuine signatures of the persons Avhose names they pur- 
port to be; and that each signor had an opportunity before signing the 
petition to read the full text of the ordinance proposed or sought to be 
reconsidered. 

IV. The referendum petitions must be filed within thirty days after 
the council adopted the ordinance sought to be reconsidered. 

229:69 Procedure After Filing. Within twenty days after the peti- 
tion is filed, the city clerk shall complete a certificate as to its sufficiency. 
If it is insufficient, he shall specify the particulars wherein it is defective. 
The clerk shall promptly send a copy of the certificate to the petitioners' 
committee by registered mail. A petition certified insufficient for lack of 
the required number of valid signatures may be amended once if the peti- 
tioners' committee files a notice of intention to amend it with the clerk 
within two days after receiving the copy of his certificate and if the peti- 
tioners' committee files a supplementary petition upon additional papers 
within ten days after receiving the copy of the certificate. The supple- 
mentary petitions must fulfill the requirements of the original petitions. 
Within five days after it is filed the clerk shall complete a certificate as 
to the sufficiency of the petition as amended and promptly send a copy 
of such certificate to the petitioners' committee by registered mail as in 
the case of an original petition. If a petition or amended petition is certi- 
fied sufficient, or if a petition or amended petition is certified insufficient 
and the petitioners' committee does not elect to amend or request coun- 



270 Chapter 229 [1965 

cil review (see next paragraph) the clerk shall promptly present his cer- 
tificate to the council and the certificate shall then be a final determination 
as to the sufficiency of the petition. 

If a petition has been certified insufficient and the petitioners' com- 
mittee does not file notice of intention to amend it or if an amended 
petition has been certified insufficient, the committee may, within two 
days after receiving the copy of the certificate, file a request that it be 
re\'ieAved by the council. The council shall review the certificate at its 
next meeting following the filing of the request and approve or disap- 
prove it. The council's determination is then a final determination of the 
sufficiency of the petition. 

A final determination as to the sufficiency of a petition is subject to 
court review. A final determination of insufficiency, even if sustained 
upon court review, does not prejudice the filing of a new petition for the 
same purpose. 

229:70 Referendum Petitions. When a referendum petition is filed 
with the city clerk, the ordinance sought to be reconsidered is suspended 
from taking effect. The suspension shall end when: 

a. There is a final determination of insufficiency of the petition, or 

b. The petitioners' committee withdraws the petition, or 

c. The council repeals the ordinance, or 

d. Thirty days have elapsed after a vote of the city on the ordinance. 

229:71 Action on Petition. 

I. Action by the Council. When an initiative or referendum peti- 
tion has been finally determined sufficient, the council shall promptly 
consider the proposed initiative ordinance in the manner provided in 
this charter, or reconsider the referred ordinance by voting its repeal. 
If the council fails to adopt a proposed initiative ordinance without any 
change in substance within 60 days or fails to repeal the referred ordi- 
nance within 30 days after the date the petition was finally determined 
sufficient, it shall submit the proposed or referred ordinance to the voters 
of the city. 

II. Submission to Voters. The city shall hold an election on a pro- 
posed or referred ordinance not less than 30 days and not later than one 
year from the date of the final council vote on the ordinance. If no regu- 
lar city election is to be held within the period prescribed in this para- 
graph, the council shall provide for a special election. If a regular city 
election is held within the period, the vote shall be held at the same time 
as the regular election, except that the council may in its discretion pro- 
vide for a special election at an earlier date within the prescribed period. 
The council shall make copies of the proposed or referred ordinance avail- 
able at the polls. 



1965] Chapter 229 271 

III. Withdrawal of Petitions. An initiative or referendum petition 
may be withdrawn at any time prior to the fifteenth day preceding the 
day scheduled for a vote of the city by filing with the city clerk a request 
for withdrawal signed by at least four members of the petitioners' com- 
mittee. Upon filing of the request the petition has no further effect and 
all proceedings on the petition are ended. 

229:72 Results of Election. 

I. Initiative. If a majority of the qualified electors voting on a pro- 
posed initiative ordinance vote in its favor, the ordinance is adopted upon 
certification of the election results and is in all respects the same as ordi- 
nances adopted by the council. If conflicting ordinances are approved at 
the same election, the one receiving the greatest number of affirmative 
votes prevails. 

II. Referendum. If a majority of the qualified electors voting on a 
referred ordinance vote against it, the ordinance is repealed upon certifi- 
cation of the election results. 

229:73 Repeal or Amendment. No section or provision of this char- 
ter may be repealed or amended unless the act making the repeal refers 
specifically to this charter and to the sections or provisions so repealed. 

Temporary Provisions 

229:74 First Elections. I. Notwithstanding paragraph 5 of this char- 
ter, the city shall hold its first municipal election on the first Tuesday that 
follows the thirtieth day after the adoption of the charter. 

II. The three selectmen of the town of Exeter shall serve as coun- 
cilmen at large in the city of Exeter until December 31 of the year before 
the end of the term to which each ^vas elected as selectman, or until his 
successor is elected and qualifies in his stead. 

III. In the first municipal election, the voters of each ward shall 
elect two councilmen; the councilman receiving the highest number of 
votes is elected for a term that ends on December 31 of the second full 
municipal year after the adoption of this charter, and the councilman 
receiving the second highest number of votes is elected for a term that 
ends on December 31 of the first full municipal year after the adoption 
of this charter, or until their successors are elected and qualify in their 
stead. Councilmen elected in the first election take office on the Monday 
following their election. 

IV. In the first municipal election, the town clerk of Exeter has, the 
same duties and poxvers that are given under this charter to the city clerk. 
In the first municipal election the selectmen of the town of Exeter have 
the same powers and duties that are granted to the city council under 
this charter. 



272 Chapter 229 [1965 

V. In the first municipal election, the town clerk and incumbent 
selectmen shall perform the functions of the canvass and determine con- 
tested elections as prescribed by the charter. 

\l. "Within fourteen days from the date of adoption of this act by 
the toAvn. the selectmen of the town of Exeter shall appoint a moderator, 
clerk, and three supervisors of the check-list and four inspectors of elec- 
tion for each ^vard, which officers shall be residents of their respective 
Avards. The supervisors shall act as selectmen of their respective wards 
for the purpose of calling the first ward meeting, and shall call the meet- 
ing according to law. They shall seasonably prepare check-lists for their 
respective wards, and perform all duties respecting the check-lists required 
by law. The supervisors of the check-list in each ward shall fix the poll- 
ing place in the ward and give public notice of its location. 

229:75 Incumbent Officials. I. In the first instance, the incumbent 
town manager shall continue to serve as city manager, and for purposes 
of the administration of the charter, he is deemed to be the appointed 
city manager, with a similar term of office. 

II. In the first instance, all elected and appointed officials of the 
toAvn of Exeter shall continue to serve in comparable offices in the city 
of Exeter, if possible, except that the selectmen shall continue to serve 
as councilmen at large under the provisions of section 74 of this charter. 
The appointment of the elected and appointed officers of the toAvn as 
officials in the city is the first order of business of the city manager after 
the adoption of this charter. The appointments remain in force until the 
manager makes his appointments under the administrative code adopted 
under the charter. 

229:76 Referendum. This charter does not take effect unless it is 
adopted by a ballot vote at a special election to be held on the third Tues- 
day of October, 1965, or at a subsequent referendum as provided in this 
section. The town clerk shall prepare the question on the ballot to read: 
"Shall the provisions of an act entitled 'An Act to establish the city of 
Exeter' be adopted?" Beneath the question he shall have printed the A\ord 
"yes" and the word "no" with a square immediately opposite each word, 
and the voter shall vote his choice by making a cross in the appropriate 
square. If a majority of those voting on this question vote "yes" on this 
question, this act is declared adopted. If this act is not adopted at the 
special election, the question of the adoption of this act may again be 
voted on at any annual toAvn meeting in an odd numbered year folloAving 
the passage of this act if at least three per cent of the number voting at 
the last previous annual town meeting, all qualified voters of the tOAMi, 
sign a petition requesting another vote. The petition must be submitted 
to the selectmen at least fourteen days before the town meeting. 

229:77 Effective Date. Section 76 pertaining to the referendum 
under this act, and this section of the act, take effect upon passage of the 



1965] Chapter 230 273 

act. If the act is adopted at the special election or at another election at 
which the question is voted on, section 74 pertaining to the first election 
takes effect on the day after the election adopting the charter is held. The 
other sections of the act take effect on the first weekday of January after 
the election adopting the charter is held. 
[Approved July 1, 1965.] 
[Effective as specified.] 
Note: This act is a Private Act. 



CHAPTER 230. 

AN ACT TO AUTHORIZE THE SWEEPSTAKES COMMISSION TO PAY UNCLAIMED 
PRIZE MONEY TO THE STATE TREASURER. 

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

230:1 Unclaimed Sweepstakes Prizes. Amend RSA 284 by adding 
after section 21-o, [21-p] as inserted by 1965, 63 a new section as follows: 
284:21-p, [284:21-q] Unclaimed Prize Money. The sweepstakes commis- 
sion shall hold unclaimed prize money on a winning ticket for two years 
after the prize money is awarded. If there is no claim to the money during 
the two years, or if the sweepstakes commission is unable to locate the 
holder of a winning ticket during the two years, the sweepstakes commis- 
sion shall pay the money to the state treasurer at the end of the t-^vo years. 
The state treasurer shall deposit the money into the special fund set up 
under 21-j of this chapter. A person who has a claim on the prize money 
after the money has been paid to the treasurer shall make his claim to 
the legislature for payment. 

230:2 Effective Date. This act becomes effective sixty days after its 
passage. 

[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 231. 

AN ACT TO PERMIT INTERCHANGE OF GOVERNMENT EMPLOYEES. 

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

231:1 New Chapter. Amend RSA by inserting after chapter 98-A as 
inserted by 1963, 309: 1 the following new chapter: 



274 Chapter 231 [1965 

Chapter 98-B 

Interchange of State Employees 

98-B:l Declaration of Policy. The State of New Hampshire recog- 
nizes that intergovernmental cooperation is an essential factor in resolving 
problems affecting this state and that the interchange of personnel be- 
tween and among governmental agencies at the same or different levels 
of gOA'ernment is a significant factor in achieving such cooperation. 

98-B:2 Definitions. For the purposes of this act: 

I. "Sending agency" means any department or agency of the federal 
government or a state or local government which sends any employee 
thereof to another government agency under this chapter. 

II. "Receiving agency" means any department or agency of the fed- 
eral oovernment or a state or local Qrovernment which receives an em- 
ployee of another government under this chapter. 

98-B:3 Authority to Interchange Employees. Any department, agen- 
cy, or instrumentality of the state is authorized to participate in a program 
of interchange of employees with departments, agencies, or instrumental- 
ities of the federal government, or another state, as a sending or receiving 
agency. The period of individual assignment or detail under an inter- 
change program shall not exceed twelve months, nor shall any person be 
assigned or detailed for more than twelve months during any thirty-six 
month period. Details relating to any matter covered in this act may be 
the subject of an agreement between the sending and receiving agencies. 
Elected officials shall not be assigned from a sending agency nor detailed 
to a receiving agency. 

98-B:4 Status of Employees of this State. I. Employees of a sending 
agency participating in an exchange of personnel as authorized in section 
3 may be considered during such participation to be on detail to regular 
work assignments of the sending agency. 

II. Employees who are on detail shall be entitled to the same salary 
and benefits to which they would otherwise be entitled and shall remain 
employees of the sending agency for all other purposes except that the 
supervision of their duties during the period of detail may be governed 
by agreement between the sending agency and the receiving agency. 

III. Any employee who participates in an exchange inider the terms 
of this section who suffers disability or death as a result of personal in- 
jury arising out of and in the course of an exchange, or sustained in per- 
formance of duties in connection therewith, shall be treated, for the pin- 
poses of the sending agency's employee compensation program, as an 
employee, as defined in such act, who has sustained such injury in the 
performance of such duty, but shall not receive benefits imder that act 



1965] Chapter 231 275 

for any period for which he is entitled to and elects to receive similar 
benefits under the receiving agency's employee compensation program. 

98-B:5 Travel Expenses of Employees of This State. A sending 
agency in this state may, in accordance with the travel regulations of such 
agency, pay the travel expenses of employees assigned to a receiving agen- 
cy on either a detail or leave basis, but shall not pay the travel expenses 
of such employees incurred in connection with their work assignments at 
the receiving agency. If the assignment or detail will be for a period of 
time exceeding eight months, travel expenses may include expenses of 
transportation of immediate family, household goods, and personal ef- 
fects to and from the location of the receiving agency. If the period of 
assignment is less than eight months, the sending agency may pay a per 
diem allowance to the employee on assignment or detail. 

98-B:6 Status of Employees of Other Governments. I. When any 
unit of government of this state acts as a receiving agency, employees of 
the sending agency ^vho are assigned under authority of this act may be 
considered to be on detail to the receiving agency. 

II. Appointments of persons so assigned may be made without re- 
gard to the laws or regulations governing the selection of employees of 
the receiving agency. Such person shall not be in the classified service of 
the state. 

III. Employees who are detailed to the receiving agency shall not 
by virtue of such detail be considered to be employees thereof, except as 
provided in paragraph IV of this section, nor shall they be paid a salary 
or ^vage by the receiving agency during the period of their detail. The 
supervision of the duties of such employees during the period of detail 
may be governed by agreement betAveen the sending agency and the re- 
ceiving agency. 

IV. Any employee of a sending agency assigned in this state ^vho 
suffers disability or death as a result of personal injury arising out of and 
in the course of such assignment, or sustained in the performance of duties 
in connection therewith, shall be treated for the purpose of receiving 
agency's employee compensation program, as an employee, as defined in 
such act, who has sustained such injury in the performance of such duty, 
but shall not receive benefits under that act for any period for which he 
elects to receive similar benefits as an employee under the sending agency's 
employee compensation program. 

98-B:7 Travel Expenses of Employees of Other Governments. A re- 
ceiving agency in this state, may, in accordance ^vith the travel regulations 
of such agency, pay travel expenses of persons assigned thereto under this 
act during the period of such assignments on the same basis as if they 
were regular employees of the receiving agency. 



276 Chapter 232 [1965 

98-B:8 Administration. The department of personnel is hereby di- 
rected to explore means of implementing this act and to assist depart- 
ments, agencies, and instrumentalities of the state and its political sub- 
divisions in participating in employee interchange programs. 

231:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 232. 

AN ACT RAISING THE LIMIT OF GUARANTEED BONDS OF WATER RESOURCES 

BOARD. 

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

232:1 Amount of Indebtedness. Amend RS A 481:19 by striking out 
the ^vords "nine hundred thousand dollars" and substituting in their place 
the Av^ords, two million dollars, so that the amended section reads as fol- 
loAvs: 481:19 Bonds Guaranteed. The governor -^vith the advice and 
consent of the council is hereby authorized in the name of the state to 
guarantee in such manner as they may determine, the pa^Tnent of the 
xvhole or any part of the principal and interest of any bonds to be issued 
by the corporation hereunder, whether or not the same are secured by 
a first, junior or other lien upon revenues from projects, provided that 
the aggregate principal amount of bonded indebtedness which may be so 
guaranteed shall not be in excess of two million dollars. The full faith 
and credit of the state shall be pledged to the performance of such guar- 
antee by the state. In the event that the corporation shall default in pay- 
ment of interest or principal upon any of the bonds so guaranteed by 
the state the governor with the advice and consent of the council may 
dra^v his warrant upon the treasury out of any money not other-^vise ap- 
propriated for the payment of such interest or principal to the extent of 
such guarantee and the sums so paid shall be recoverable from the cor- 
poration. 

232:2 Effective Date. This act takes effect upon its passage. 

[Approved July 1, 1965.] 
[EflEective date July 1, 1965.] 



1965] Chapter 233 277 

CHAPTER 233. 

AN ACT TO PROVIDE A LICENSING LAW FOR PRACTICAL NURSES. 

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

233:1 Licensing Practical Nurses. Amend RSA 326:17 by striking 
out the section and inserting in its place the following: 326:17 Purpose 
and Definition. I. Purpose. In order to safeguard life and health, any 
person practicing or offering to practice practical nursing in this state 
for compensation shall hereafter be required to submit evidence that he 
or she is qualified so to practice, and shall be licensed as hereinafter pro- 
vided. After January 1, 1967 it shall be unlawful for any person not li- 
censed under the provisions of this chapter to (a) practice or offer to prac- 
tice practical nursing or (b) use any sign, card or device to indicate that 
such person is a licensed practical nurse. 

II. Definition. "Practical nursing" means the performance for com- 
pensation of those services in observing and caring for the ill, injured or 
infirm, in administering treatment or medication, or in applying counsel 
and procedures to safeguard life and health as prescribed by, or under 
the supervision of a physician, dentist, or registered professional nurse, 
and which require specialized knowledge and skill as are taught and ac- 
quired imder the curriculum of an accredited school for practical nurses, 
but not requiring the substantial special skill, judgment and knowledge 
required of registered professional nurses. 

233:2 Board to Administer. Amend RSA 326:18 (supp), as amended 
by 1957, 195:3, by striking out the section and inserting in its place the 
following: 326:18 Administration. The board of nursing education and 
nurse registration constituted under the provisions of RSA 326-A:3 shall 
administer the provisions of this chapter. The board may issue licenses 
to applicants to be kno^vn as licensed practical nurses and shall formulate 
and promulgate rules and regulations from time to time as may be neces- 
sary for the proper conduct of the care of the sick by a licensed practical 
nurse. The board, subject to the supervision of the state board of educa- 
tion, shall approve the establishment of schools for the training of prac- 
tical nurses, shall prescribe the courses of instruction in connection there- 
with, and shall provide for appropriate examination before a license to 
practice as a licensed practical nurse may be issued. 

233:3 Qualifications. Amend RSA 326:19 by striking out the section 
and inserting in its place the following: 326:19 Qualifications of Appli- 
cants. An applicant for a license to practice as a licensed practical nurse 
shall submit to the board written evidence under oath that the applicant 
(a) is eighteen years of age or over; (b) is of good moral character; (c) is 
in good physical and mental health; (d) has completed one year of high 
school or its equivalent and such other preliminary qualifications as the 



278 Chapter 233 [1965 

board may prescribe; (e) and holds a diploma from a school of practical 
nursing approved by the board of nursing education and nurse registra- 
tion, or has had equivalent education in theory and practice as determined 
by the board, in a school of professional nursing approved by the board. 

233:4 License; how granted. Amend RSA 326:20 by striking out the 
section and inserting in its place the following: 326:20 License. L By 
examination. An applicant for license shall be required to pass a written 
examination in such subjects as the board may determine. Each written 
examination may be supplemented by an oral or practical examination. 
Upon successfully passing such examination the board shall issue to the 
applicant a license to practice as a licensed practical nurse. IL By en- 
dorsement. The board may issue a license to practice as a licensed prac- 
tical nurse, by endorsement, to any applicant who has been duly licensed 
as such, or to a person entitled to perform similar services under different 
title, under the law of another state, territory, or foreign country if, in 
the opinion of the board, the applicant meets the other requirements for 
licensed practical nurses. IIL By Waiver. Application for license under 
this provision must be made within sixty days after this chapter takes 
effect. The board may issue a license to practice as a licensed practical 
nurse to any person who shall submit to the board written evidence, veri- 
fied by oath that said applicant: (a) is of good moral character; (b) has 
practiced practical nursing in this state at least two years within the five- 
year period immediately preceding the effective date of this chapter and 
(c) has the endorsement of two physicians licensed in New Hampshire, 
or two registered nurses, who have personal knowledge of the applicant's 
qualifications, and by two persons who have employed the applicant; 
and (d) has passed an examination to be administered by the board of 
nursing, wholly or in part in writing. 

233:5 License Fee. Amend RSA 326:21, as amended by 1955, 207:1, 
by striking out the section and inserting in its place the following: 326:21 
Fees. Each person applying for a license to practice as a licensed practical 
nurse, or for examination and such license, shall pay to the commissioner 
of education a fee of fifteen dollars. The commissioner shall pay all fees 
so received and all fees from biennial permits to the treasurer, who shall 
keep the same in a separate fund to be used only for the purpose of the 
board of nursing education and nurse registration hereunder. 

233:6 Present Practitioners. Amend RSA 326:22 by striking out the 
section and inserting in its place the following: 326:22 Licensing for 
Present Practitioners. Any person holding a license to practice as a prac- 
tical nurse issued by the board and which is valid on the date this chapter 
takes effect, shall hereinafter be deemed to be licensed as a practical nurse 
under provisions of this chapter. 

233:7 Limitations. Amend RSA 326:24 by striking out the section 
and inserting in its place the following: 326:24 Title and Abbreviation. 



1965] Chapter 234 279 

(a) Any person who holds a license to practice as a licensed practical nurse 
in this state shall have the right to use the title Licensed Practical Nurse 
and the abbreviation L.P.N, (b) Persons licensed under previous law. No 
other person shall assume such title or use such abbreviation or any other 
words, letters, signs or devices to indicate that the person using the same 
is a licensed practical nurse. 

233:8 Exemption. Amend RSA 326 by inserting after section 26 as 
amended by 1955, 207:1 a new section as follows: 326:26-a Persons Ex- 
empted. This chapter does not prohibit: (a) the furnishing of practical 
nursing assistance in an emergency; (b) the practice of nursing which is 
incidental to their program of study by students enrolled in practical 
nursing education programs accredited by the board; (c) the employment 
in federal government institutions and agencies of practical nurses who 
are members of federal agencies and are licensed; (d) nursing services by 
anyone when done in accordance with the practice of the religious prin- 
ciples or tenets of any well recognized church or denomination which 
relies upon prayer or spiritual means alone for healing. 

233:9 False Representation. Amend RSA 326:28, as amended by 
1955, 207:1, by striking out the words "five hundred dollars" and inserting 
in their place the words, two hundred dollars, so that the section is 
amended to read as follows: 326:28 False Representation. Any person 
who shall willfully make any false representation in applying for a li- 
cense or biennial permit hereunder shall be fined not less than one hun- 
dred nor more than two hundred dollars. 

233:10 Repeal. Sections 326:23 and 326:27 are hereby repealed. 

233:11 Effective Date. This act takes effect sixty days after its pas- 
sage. 

[Approved July 1, 1955.] 
[Effective date August 30, 1965.] 



CHAPTER 234. 

AN ACT RELATIVE TO RECORDING OF ACTION WHEN SCHOOL DISTRICT TAKES 
LAND BY EMINENT DOMAIN. 

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

234:1 School District. Amend RSA 199 by inserting after section 19 
the following new section: 199:19-a. Record. Whenever a school district 
shall take land for the location of a schoolhouse or for the enlarq-erhent 
of an existing schoolhouse lot as provided by section 17 the school district 
clerk shall forward to the registry of deeds for the county for filing where 
said land is located a copy of the petition of the school board to the select- 



280 Chapter 235 [1965 

men containing a description of said land, together ^vith the name of the 
o^vner from Avhom the land is taken. 

234:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 235. 

AN ACT PROVIDING FOR CONTROL OF AQUATIC NUISANCES IN ANY OF THE 
SURFACE WATERS OF THE STATE. 

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

235:1 Appropriation. The sum of sixty-four thousand dollars is here- 
by appropriated for the following purpose: twenty-four thousand dollars 
to be expended by the water pollution commission in the chemical con- 
trol of aquatic nuisances in the surface waters of the state as defined in 
RSA 149. The commission is authorized to utilize such methods of ap- 
plication and to engage such personnel and equipment as, in its judg- 
ment, will provide optimum control results in the waters to be treated. 
The remaining forty thousand dollars of this appropriation shall be ex- 
pended by the water pollution commission, but only if, in its judgment 
technical and scientific considerations warrant, for the construction on 
property owned by the state or a political subdivision thereof, and the 
initial operation of a pilot plant for the investigation of means for con- 
trolling, reducing or eliminating aquatic nuisances. The sum hereby 
appropriated shall be a charge upon the general funds of the state and 
the governor is authorized to draw his warrant for said sum out of any 
money in the treasury not otherwise appropriated. 

235:2 Reports. Monthly progress reports shall be made by the com- 
mission to the legislative budget assistant in such form as he may require. 

235:3 Agent to Receive Funds. The water pollution commission is 
designated the agent to receive federal or other funds to be spent for the 
purposes of this act. The general fund appropriation shall be reduced by 
the amount of federal and other funds which are or become available for 
the purposes of this act. 

235:4 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



1965] Chapter 236 281 

CHAPTER 236. 

AN ACT RELATIVE TO CAMPAIGN EXPENSES IN PRESIDENTIAL PREFERENCE 
AND DELEGATE PRIMARIES. 

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

236:1 Definitions. Amend paragraph I of RSA 70: 1 (supp) as inserted 
by 1955, 273:1 by striking out the words "and presidential preference and 
delegate primary" in lines two and three thereof so that the paragraph is 
amended to read as follows: I. The word "election" shall mean any gen- 
eral biennial or special election and political party primary. 

236:2 Prohibited Political Expenditures. Amend paragraph I of RSA 
70:4 (supp) as amended by 1955, 273:1 and 1957, 303:2-4 by striking out 
the words "or presidential preference primary candidate" in subparagraph 
(1) so that the paragraph is amended to read as follows: I. By a candi- 
date or in his behalf in a primary, a sum in excess of the following 
amounts: 

(1) Governor, twenty-five thousand dollars. 

(2) United States senator, twenty-five thousand dollars. 

(3) Representative in congress, twelve thousand five hundred dollars. 

(4) Delegate-at-large to party convention, five thousand dollars. 

(5) District delegate to party convention, twenty-five hundred dollars. 

(6) Alternate delegate-at-large to party convention, twelve hundred 
fifty dollars. 

(7) Alternate district delegate to party convention, six hundred twen- 
ty-five dollars. 

(8) Councilor, two thousand dollars. 

(9) County officer or state senator, one thousand dollars. 

(10) Representative to the general court, two hundred fifty dollars. 
In determinino^ whether a candidate has exceeded the sum fixed in 
this paragraph, no account shall be taken of the following items: The 
candidate's contribution to the state committee, his filing fee, or his ex- 
penditures for personal travel and subsistence expenses, or for services 
of his regular employees in discharging duties of a public office. The sums 
fixed in this paragraph shall include all expenditures, contracts therefor, 
and use of contributions of money or things of value, tangible or intan- 
gible, by a candidate or by others, including political committees, in his 
behalf and with his knowledge during the period of time he or others in 
his behalf and with his knowledge seeks votes for him to and including the 
date of the primary. 

236:3 Exceptions. Amend RSA 70 by inserting after section 1 (supp) 
as inserted by 1955, 273:1 the following new section: 70:l-a Exceptions. 
The provisions of this chapter shall not apply to presidential preference 
and delegate primaries. 



282 Chapter 237 [1965 

236:4 Takes Effect. This act shall take effect sixty days after passage. 
[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 237. 

AN ACT RELATR E TO A STUDY FOR PROJECTING STATE FISCAL REQUIRE- 
MENTS BIENNIALLY THROUGH 1975. 

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

237:1 Committee Established. There shall be established a special 
study committee to project state fiscal requirements through 1975 con- 
sisting of eleven members appointed as hereinafter provided. Two senators 
shall be appointed by the president of the senate, three representatives 
shall be appointed by the speaker of the house of representatives, and six 
members shall be appointed by the governor. The committee shall organ- 
ize by electing one of its members as chairman. It shall be the duty of 
said committee that a thorough and impartial study shall be made to pro- 
ject and record state fiscal requirements biennially through the fiscal year 
ending June 30, 1975, based on statutes as they exist at the close of the 
regular session of the 1965 general court. Such study shall include all 
areas of a fiscal nature involving the expenditure of state funds for each 
of the components of the legislative, executive and judicial branches of 
the state of New Hampshire, and said committee shall file a report of its 
activities and conclusions with the general court of 1965, not later than 
September 1, 1966. The members of said committee shall serve without 
pay, but may be reimbursed for their necessary travel and other expenses 
incurred when engaged in the official business of the committee. Said 
committee shall have full power and authority to require from the several 
departments, boards, commissions or any other state fimction, such in- 
formation and assistance as may be available for the purposes of the com- 
mittee and to employ and fix the compensation of such assistants, con- 
sultants and specialists as it may deem necessary for the purposes hereof 
and to receive gifts or grants to finance its work. In the performance of 
its duties hereunder, the committee shall be authorized to require appear- 
ances and testimony by subpoena and subpoena duces tecum as occasion 
may require and to administer necessary oaths in connection therewith. 

237:2 Appropriation. For the purpose of providing funds for the 
use of the committee to project state fiscal requirements, the sum of five 
thousand dollars is hereby appropriated. The appropriation made here- 
under shall be a continuing appropriation and shall not lapse. The gov- 
ernor is authorized to draw his warrant for the sum hereby appropriated 
out of any money in the treasury not otherwise appropriated. 



1965] Chapter 238 283 

237:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 238. 

AN ACT TO AUTHORIZE CERTAIN MEDICAL TESTS AS A CONDITION TO 
HOLDING OF A MOTOR VEHICLE OPERATOR'S LICENSE. 

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

238:1 Tests. Amend RSA 262-A as inserted by 1963, 330:1, by in- 
serting after section 69 the following new subdivision: 

Implied Consent 

262-A:69-a Implied Consent of Driver of Motor Vehicle to Submit to 
Chemical Testing to Determine Alcoholic Content of Blood. Any person 
who operates a motor vehicle upon the public highways of this state shall 
be deemed to have oiven consent to a chemical test or tests of his blood 
or urine for the purpose of determining the alcoholic content of his blood, 
if arrested for any offense arising out of acts alleged to have been com- 
mitted while the person was driving or in actual physical control of a 
motor vehicle while under the influence of intoxicating liquor. The test 
or tests shall be administered at the direction of a law enforcement officer 
having reasonable grounds to believe the person to have been driving or 
in actual physical control of a motor vehicle upon the public highways 
of this state while under the influence of intoxicating liquor. A copy of 
the report of any such test shall be furnished by the law enforcement 
agency to the person tested within forty-eight hours of receipt of the report 
by the agency by registered mail directed to the address shown on such 
person's license or other identification furnished by the person. 

262-A:69-b Additional Tests. Any person to whom section 69-a is 
applicable shall have the right at his own expense to have a similar test 
or tests made by any person of his own choosing and shall be so informed 
by the law enforcement officer at the same time as the person is requested 
to permit a chemical test under the provisions of section 69-a. The failure 
or inability of an arrested person to obtain an additional test shall not 
preclude the admission of the test or tests taken at the direction of a law 
enforcement officer. Nothing herein shall require the release from custody 
of the arrested person for the purpose of having such additional test made. 

262-A:69-c Prerequisites to Tests. Before any test specified in section 
69-a is given, the law enforcement officer shall (1) inform the arrested 



284 Chapter 238 [1965 

person of his right to have a similar test or tests made by a person of his 
o\m choosing, (2) afford him an opportunity to request such additional 
test, and (3) inform him of the consequences of his refusal to permit a 
test at the direction of the law enforcement officer. If the law enforce- 
ment officer fails to comply with the provisions of this section, the test 
shall be inadmissible as evidence in any proceeding before any adminis- 
trative officer and court of this state. 

262-A:69-d Incapacity to Give Consent. Any person who is dead, 
unconscious or ^vho is otherwise in a condition rendering him incapable 
of refusing shall be deemed not to have withdrawn the consent provided 
by section 69-a above and the tests or tests may be administered. 

The provisions of section 69-c shall not apply to persons incapable of 
giving consent as provided for in this section. 

262-A:69-e Refusal of Consent. If a person under arrest refuses upon 
the request of a la^v enforcement officer to submit to a chemical test des- 
ignated by the law enforcement officer as provided in section 69-a, none 
shall be given, but the director of the division of motor vehicles, upon the 
receipt of a sworn report of the law enforcement officer containing the 
following: (I) that he had reasonable grounds to believe the arrested per- 
son had been driving or was in actual physical control of a motor vehicle 
upon the public highways of this state while under the influence of in- 
toxicating liquor; (2) the facts upon which the reasonable grounds to 
believe such are based; (3) that the person had been arrested; (4) that the 
person had refused to submit to the test upon the request of the law en- 
forcement officer; (5) that he informed the arrested person of his right to 
have a similar test or tests conducted by a person of his own choosing, 
and (6) that he informed the arrested person of the fact that refusal to 
permit the test will result in revocation of his license, shall revoke his 
license to drive or nonresident operating privilege for a period of ninety 
days; or if the person is a resident without a license or permit to operate 
a motor vehicle in this state, the director of the division of motor vehicles 
shall deny to the person the issuance of a license for a period of ninety 
days after the date of the alleged violation, subject to review as herein- 
after provided. 

262-A:69-f Administrative Review. Upon revoking the license or 
nonresident operating privilege of any person, or upon determining that 
the issuance of a license shall be denied to the person as directed in 69-e, 
the director of the division of motor vehicles shall immediately notify the 
person in writing and upon such person's request within thirty days after 
such notification shall within ten days after receipt of the request afford 
him an opportunity for a hearing before the director of the division of 
motor vehicles or his authorized agent. The scope of such a hearing shall 
cover the issues of whether a law enforcement officer had reasonable 
grounds to believe the person had been driving or was in actual physical 



1965] Chapter 238 285 

control of a motor vehicle upon the public highways of this state while 
under the influence of intoxicating liquor; whether the person was placed 
under arrest; whether he refused to submit to the test upon the request 
of the officer; whether the person ^vas informed that his privilege to drive 
would be revoked or denied if he refused to submit to the test, and 
whether the person ^vas informed of his right to have a chemical test or 
tests made by a person of his own choosing. The director of the division 
of motor vehicles shall order that the revocation or determination that 
there should be a denial of issuance be rescinded or sustained. A copy 
of such order shall be sent to the person affected thereby and shall con- 
tain a statement informing the person of his right of appeal. 

262-A:69-g Appeal. If the revocation or determination that there 
should be a denial of issuance is sustained after such a hearing a person 
whose license or nonresident operating privilege has been revoked or to 
whom a license is denied under the provisions of this subdivision shall 
have the right to file a petition in the superior court in the county where- 
in he was arrested to review the final order of revocation or denial by 
the director of the division of motor vehicles or his authorized agent. 
Jurisdiction to hear such appeals is hereby vested in the superior court 
and it shall be the duty of the court to grant a hearing as soon as prac- 
ticable after notice to the director and the petitioner. The court shall 
hear the appeal de novo and shall order that the revocation or denial be 
rescinded or sustained. 

262-A:69-h Nonresident. When it has been finally determined un- 
der the procedures of this subdivision that a nonresident's privilege to 
operate a motor vehicle in this state has been revoked, the director of the 
division of motor vehicles shall give information in writing of the action 
taken to the motor vehicle administrator of the state of the person's resi- 
dence and of any state in which he has a license. 

262-A:69-i Persons Qualified to Administer Test. Only a duly li- 
censed physician or qualified medical laboratory technician acting at the 
request of a la^v^ enforcement officer may withdraw blood for the purpose 
of a chemical test required by 69-a. Such physician or qualified medical 
laboratory technician shall not be liable for damages or otherwise to the 
person from whom blood is withdrawn for any act performed in connec- 
tion with such withdrawal provided the physician or qualified medical 
laboratory technician acts with ordinary care. No chemical tests author- 
ized by 69-a shall be considered as evidence in any proceeding before any 
administrative officer or court unless such test is performed in accordance 
with methods prescribed by the public health officer of this state. All tests 
made under the direction of a laAv enforcement officer shall be conducted 
in the laboratory of the bureau of food and chemistry department of 
public health. 



286 Chapter 239 [1965 

262-A:69-j Effect of Evidence of Chemical Test. The provisions of 
this subdi^ ision do not limit the introduction of any other competent 
evidence bearing on the question of whether the person was under the in- 
fluence of intoxicating liquor. 

238:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 1, 1965.] 
[Effective date August 30, 1965.] 



CHAPTER 239. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DEPART- 
MENTS OF THE STATE FOR THE YEAR ENDING JUNE 30, 1966. 

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

239:1. 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, 
1966, 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 $244,000 for the office of 
legislative budget assistant to the appropriations and finance committees, 
$71,500 for the office of legislative services, and $21,500 for the office of 
research analyst to the senate finance committee as follo^vs: (Salary of 
legislative budget assistant $17,500, other expenditures $226, 500 J) (Leg- 
islative services — Other expenditures $71,500:|:|) (Salary of research 
analyst to senate finance committee $9,500, other expenditures $12,000:|:|::|:) 

$730,038 
Travel and expenses authorized by RSA 14-A:3 (Supp)* $12,500 

Legislative council* 2,500 

Council of state governments 3,600 

Reimbursement for travel expenses incurred while attending the 
national legislative leaders conference: 

Lucien E. Bergeron 524 

Estate of Samuel Green 528 

Cecil Charles Humphreys 542 

Nathan T. Battles 527 

2,121 



Reimbursement of travel expenses incurred while attending 
meetings as duly appointed members of the uniform vehicle 
laws study committee: 

Russell G. Claflin 81 

Scott Eastman 27 



1965] Chapter 239 287 

George M. McGee, Sr. 49 

Malcolm J. Stevenson 55 

George S. Wildey 97 

309 



Reimbursement for expenses incurred while attending hear- 
ings of the governor's budget committee: 

Louis I. Martel 61 

William H. Craig 40 

George A. Bruton 82 

Edward H. York 47 

Agenor Belcourt 142 

Edna B. Weeks 79 

Joseph M. Eaton 110 

Oscar C. Prescott 98 

Winifred Hartigan 134 

Frank H. Sheridan 275 



Reimbursement for expenses incurred while attending joint 
hearings as members of the senate committee on public 
works and transportation or the house committee on pub- 
lic works: 

Laurier Lamontagne 20 

Douglass E. Hunter, Sr. 15 

William F. Keefe 42 

Maurice J. Downing 42 

George W. Stafford 148 

George M. McGee 56 

William P. Gove 41 



1,068 



364 



Total for legislative branch 752,500 



:|:In this appropriation $5,000, or so much as necessary, may be ex- 
pended by the legislative budget assistant for an audit of the state treasury. 
The legislative budget assistant may designate a certified public account- 
ant, 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. 
This appropriation also includes $50,000, or so much as necessary, for 
an interim study of data processing programs and an interim actuarial 
study of all state retirement funds. Reports on said studies shall be com- 
pleted prior to December 1, 1966. The legislative budget assistant shall. 



288 Chapter 239 [1965 

^vhen overtime or temporary assistance is necessary, obtain such assistance 
and determine the compensation therefor. 

++:|:This appropriation includes $5,000, or so much as necessary, for 
legal or consultant services including but not limited to payment for serv- 
ices authorized by the senate by motion adopted April 28, 1965, Senate 
Journal page 645. Expenditures from this appropriation shall be subject 
to prior approval of the senate finance committee. 

*This appropriation shall not lapse at June 30, 1966. 

For executive branch: 
Office of governor: 

Salary of governor 30,000 

Other personal services: 

Otherf 54,750 



Total 




84,750 


Current expenses 




8,000 


Travel: 






In state 




2,500+ 


Out of state 




2,000 


Equipment 




1,000 


Other expenditures: 






Contingent fund 




15,000 


Special citations to state 


employees 


300 


Governor's special fund* 




10,000 


Trainee programff 




11,000 


New England governors' 


council 


8,000 



Total 142,550 

fSalaries paid out of this appropriation shall be at levels set by the 
governor. 

:|:Expense of operating and maintenance of the governor's state car 
shall be charged to this appropriation. 

*The funds appropriated under this item are to be spent by the gov- 
ernor in his own and sole discretion for state purposes, including but not 
limited to participation in the activities of the United States Governors 
Conference, the New England Conference of Governors, and the council 
of state governments, for which monies are not otherwise appropriated. 

ffThe funds in this appropriation shall not be transferred or ex- 
pended for any other purpose. 

Office of economic opportunity: 
Personal services: 

Temporary 46,380 



165] 

Consultants 


Chapter 


239 


2,105 


Total 
Current expenses 
Travel: 

In state 
Equipment 


48,485 
6,770 

2,875 
2,641 



289 



60,771 
Less current authorization 11,800 



Total 48,971 

Less federal grant 43,745 



Net appropriation 5,226* 

*State matching appropriations available for expenditure only if 
funds are available from a federal grant. If the federal grant is reduced, 
expenditure of state matching appropriation shall be reduced proportion- 
ately. 

Emergency fund 50,000 

Operating budget contingent fund 50,000f'f- 

-f-fTransfers from this fund are subject to prior approval by the gov- 
ernor and council and may be made to all state agency appropriations, 
excluding only the governor and council. The director of accounts shall 
keep a record of transfers approved for other than general fund agencies, 
and shall report such special fund transfers to the legislature for appro- 
priate adjustment between funds. 

Executive council: 
Personal services: 

Other — per diem 19,750 

Secretary to executive council 3,250 



Total 23,000 

Current expenses 2,000 
Travel: 

In state 4,500 

Out of state 500 



Total for executive council 30,000 



Total for executive branch 277,776 



:|::]:This appropriation includes $10,000, or so much as necessary, for 
an interim study of the settlement laws. 



290 Chapter 239 [1965 

For judicial branch: 
For supreme court: 

Salaries of justices $113,905 

Salary of clerk-reporter 15,000 

Other personal services: 

Permanent 16,716 

Other 1,500 



Total $147,121 

Current expenses 4,200 

Travel: 

In state 1,900 

Out of state 2,175 

Equipment 300 

Other expenditures: 

N. H. supreme court reports 6,000]; 



Total $161,696 

Less estimated revenue 650 



Net appropriation $161,046 

;|: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 $162,545 

Other personal services: 

Permanent* 59,041 

Other 200 



Total 221,786 

Current expenses 8,500 
Travel: 

In state 15,000 

Out of state 1,000 



Total $246,286 

Less reimbursements 50,000* 



Net appropriation $196,286 

*In this appropriation the sum of $50,000 is for court stenographers 
which may be increased with approval of the governor and council pro- 
vided that the counties are billed for total expenditures. 

For judicial council 8,850f 



1965] 



Chapter 239 



291 



j-The funds in this appropriation shall not lapse but shall be avail- 
able for expenditure in the following year. In this appropriation $5,400 
shall be for the salary of the secretary. 

For probate court: 

Salaries of judges, registers and deputies 108,748 

For administrative committees: 

For district and municipal courts 5,950 

For probate courts 500 



Total for judicial branch 

For adjutant general's department: 
Central administrative office: 
Salary of adjutant general 
Other personal services: 
Permanent 
Other 

Total 
Current expenses 
Equipment 
Other expenditures: 
State flags 

Total 

National guard: 
Personal services: 

Other 
Current expenses 
Travel: 

In state 

Out of state 
Other expenditures: 

Social security 

Total 
*This appropriation for personal services 
ferred or expended for any other purpose. 

Armories: 

Personal services: 
Permanent 
Other 



6,450 



$481,380 



$13,500 

59,596 
600 

$73,696 

7,170 

455 

360 



$81,681 



$12,000* 
2,275 

100 
900 

300 

$15,575 
other shall not be trans- 



$111,484 
1,300 



Total 



$112,784 



292 Chapter 239 [1965 

Current expenses 90,000 

Equipment 2,/ 00 

Other expenditures: 

Conversion of Manchester armory heating- 
system to oil 18,000 

Total 

Officers' uniform alloAvance: 

Current expenses 
State military reservation — Concord: 
Personal services: 

Permanent 
Current expenses 
Travel: 

In state 
Equipment 

Total 68,505 

State military reservation — Grenier air force base, 
Manchester: 

Personal services: 

Permanent $13,652 

Current expenses 35,500 

Travel: 

Out of state 600 





223,484 




8,000 


$35,405 
32,500 




200 
400 





Total 49,752 

Drill expense: 
Travel: 

In state $200 

Out of state 200 



Total 400 

New Hampshire military academy 5,000 



Total for adjutant general's department $452,397 

Less estimated revenue 67,258 



Net Appropriation $385,139 



For administration and control: 
Division of budget and control: 

Salary of comptroller 17,620 

Salary of business supervisor 13,560 



1965] 



Chapter 239 



293 



Salary of assistant business supervisor 12,120 

Salary of assistant business supervisor (agriculture) 1 0,200 
Other personal services: 

Permanent 7,229 

Other 2,600 



Total 


63,389 


Current expenses 


2,984 


Travel: 




In state 


750 


Out of state 


510 


Equipment 


325 


Other expenditures: 




Atlantic marine fisheries 


700 


Firemen's relief 


4,000 


League of N. H. Arts and crafts 


io,ooot 


New England board of higher education: 




Expenses 


5,550 


Grants 


50,000tt 


Complete installation of accoustical tile and 




related ^vork in state house annex* 


15,000 


Reset and point steps and walls — state 




house and annex* 


30,000 


Oasi contributions: 




State employees 


490,000 


Teachers 


470,000 



Total 



1,143,208 



fAt the close of each year an operating statement shall be submitted 
to the governor and council. 

■j-j-Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse on July 1, 1965 to unappropriated surplus of the general 
fluid. 

*Expenditures for these purposes not to exceed the legislative appro- 
priation. These appropriations shall not be transferred or expended for 
any other purpose. 



Division of accounts: 
Salary of director 
Other personal services: 

Permanent 

Other 



$13,064 

88,257 
1,400 



Total 



$102,721 



294 Chapter 239 [1965 

Current expenses 24,410 

Travel: 

In state 150 

Out of state 150 

Equipment 380 



Total 127,811 

Division of investigation of accounts: 

Personal services: 

Permanent $33,994 

Current expenses 275 

Travel: 

In state 3,865 

Out of state 50 



Total 38,184 

Division of purchase and property: 

Salary of director $13,593 

Other personal services: 

Permanent 74,906 

Other 2,475 



Total $90,974 

Current expenses 4,200 
Travel: 

In state 750 

Out of state 460 

Equipment 1J80 



Total 97,564 

Division of buildings and grounds: 
Personal services: 

Permanent $174,277 

Other 3 J 20 



Total $177,397 

Current expenses 74,000 

Equipment 3^015 



Total 254,412 

Mailing division: 
Personal services: 

Permanent $14,981 

Current expenses 882 



1965] 



Chapter 239 



295 



Equipment 

Total 

Telephone switchboard division: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 

Total 

Records management and archives: 
Salary of director 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 

Total 

State historical commission: 
Personal services: 

Other 
Current expenses 
Travel: 

In state 

Out of state 

Total 



1,975 



$9,220 
1,800 

> 11,020 
20,000 



$7,694 

9,396 
500 

$17,590 
3,513 

75 
150 



$500 
1,700+ 

1,000 
100 



17,838 



31,020 



21,328 



3,300 

Xln this appropriation $1,200 shall be for printing and binding and 
shall not lapse until June 30, 1967. 



Memorial unit: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 



$22,113 
200 

$22,313 
20,570 



296 



Chapter 239 



[1965 



Equipment 

Total 

N. H. distributing agency: 
Surplus foods division: 
Salary of director 
Other personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Oasi and retirement 

Blue cross and insurance 

Total 

Less estimated revenue and balancef 



965 



$10,500 

32,465 
4,000 

$46,965 
17,125 

2,075 

250 

17,300 

2,901 
375 

$86,991 
86,991 



43,848 



Net appropriation 

Surplus property division: 
Salary of deputy director 
Other personal services: 

Permanent 

Other 



$8,432 

11,320 
900 



Total 




$20,652 


Current expenses 




17,125 


Travel: 






In state 




600 


Out of state 




625 


Equipment 




1,500 


Other expenditures: 






Oasi and retirement 




1,258 


Blue cross and insurance 




141 


Total 


$41,901 


Less estimated revenue and 


balancef 


41,901 



Net appropriation 



1965] 



Chapter 239 297 



f Authority is hereby given to utilize so much as may be necessary of 
the balance accumulated at June 30, 1965, or any surplus accumulating 
during the fiscal year 1966 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 




$1,778,513 


)r agriculture: 






Office of commissioner: 






Salary of commissioner 


$12,773 




Other personal services: 






Permanent 


45,261 




Total 


$58,034 




Current expenses 


9,025 




Travel: 






In state 


3,600 




Out of state 


1,000 




Equipment 


4,055 




Other expenditures: 






Feed, seed and fertilizer analytical services 


26,595 




Total 




$102,309 


Division of markets and standards: 






Bureau of markets: 






Personal services: 






Permanent 


$54,540 




Current expenses 


14,000 




Travel: 






In state 


2,500 




Out of state 


350 




Equipment 


4,580 




Other expenditures: 






Cooperative grant to New England crop 






reporting service 


800 




Rodent control work in cooperation with 






federal government 


150 




Federal supervision in connection ^vith 






farm produce inspection 


50 





Total 76,970 

Bureau of weights and measures: 
Personal services: 

Permanent 41,560 



298 Chapter 239 [1965 



Current expenses 


3,000 


Travel: 




In state 


4,400 


Out of state 


175 


Equipment 


4,800 


Other expenditures: 




Heavy duty truck and related equipment* 


11,050 


Total 


64,985 


Less estimated revenue 


15,000 



Net appropriation 49,985 

*This appropriation shall not be transferred or expended for any 
other purpose. 

Division of animal industry: 

Salary of state veterinarian 9,933 

Other personal services: 



Permanent 






62,178 


Other 






600 


Total 


72,711 


Current expenses 






12,315 


Travel: 








In state 






8,000 


Out of state 






550 


Equipment 






2,500 


Other expenditures: 








Veterinary services • 


— other than 


testing 


150 


Tubercular testing 






31,000 


Brucellosis, vibrosis 


and leptospirosis testing 


30,000 


Testing for mastitis control 




500 


Indemnities for condemned animals 


1,000 


Diagnostic services f 


or domestic animals 


12,000 


Total 


170,726 


Less estimated revenue 




35,000 



Net appropriation 135,726 

Division of insect and plant disease 
suppression and control: 

Salary of state entomologist $3,542 

Other personal services: 

Permanent 19,096 



1965] 



Chapter 239 



299 



Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 

Total 



6,030 



$28,668 
1,200 

5,000 
300 
225 



35,393 



Division of milk control: 
Personal services: 



Permanent 


$17,086 




Other 


500 




Total 


$17,586 




Current expenses 


1,450 




Travel: 






In state 


2,000 




Out of state 


400 




Other expenditures: 






Public hearings 


250 




Total 


$21,686 




Less estimated revenue 


21,000 




Net appropriation 




686 


Veterinary examiners 




700 


Licensing of live poultry dealers 




140 


Soil conservation districts (ten) 




2,500 


Grants: 






State soil conservation committee 


$300 




Eastern states exhibit 


2,000 




Total 




2,300 


Agricultural marketing and research program: 






Federal funds: 






Personal services: 






Other 


$1,000 


' 


Current expenses 


1,200 




Travel: 






In state 


1,200 




Equipment 


250 





300 Chapter 239 [1965 

Other expenditures: 

Research and promotion 2,790 



Total* $6,440 

Less estimated revenue* 6,440 



Net appropriation 

*This amount available for expenditure only to the extent that funds 
are available as a federal grant. If the federal grant exceeds the above esti- 
mate, such excess may be expended for said purposes with the approval of 
the governor and council. 



Total for department of agriculture $406,709]: 



;|;Notwithstanding any other provision of la^v the balances in the fol- 
lo^ving funds at July 1, 1965 shall lapse to unappropriated surplus of the 
general fund: Sale of animals and birds; economic poisons law; vesicular 
exanthema; tests for germination and purity of agricultural seeds; and, 
licensing live poultry dealers. 
For attorney general's department: 

Office of the attorney general: 

Salary of attorney general $17,500 

Salary of deputy attorney general 13,881 

Salaries of four assistant attorneys general 49,340 
Other personal services: 

Permanent 75,383 

Other 1,600 



Total 


$157,704 


Current expenses 


5,700 


Travel: 




In state 


1,900 


Out of state 


1,800 


Equipment 


2,510 


Other expenditures: 




Subversive investigation* 


3,000 


Commission on uniform laws 


1,000 


Legal services re department of public 




works and highways 


5,000 


Reports and opinionsf 


2,500 


Total 


$181,114 


Less estimated revenue 


33,485 



Net appropriation $147,629 



1965] Chapter 239 301 

*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. 

•fThe attorney general shall submit at least monthly to the legislative 
budget assistant copies of all opinions given by his office. This appropria- 
tion shall cover the expense of printing certain reports and also the ex- 
pense for a part time trainee in the office not exceeding five hundred 
dollars. No part of this appropriation shall be transferred or expended for 
any other purpose than herein set forth; this appropriation shall not lapse 
but shall be available for expenditure in the ensuing year. 

Legal assistance for land acquisition: 

Salaries of two assistant attorneys general 18,786 

Other personal services: 

Permanent 9,502 



Total 






28,288 


Current expenses 






325 


Travel: 








In state 






1,500 


Equipment 






1,500 


Total 


31,613 


Less transfer from highway 


fund 


31,613 



Net appropriation 

Division of charitable trusts: 

Salary of director 6,240 

Other personal services: 

Permanent 7,093 

Other 400 



Total 13,733 

Current expenses 1,350 
Travel: 

In state 150 

Out of state 100 

Equipment 1,020 



Total 16,353 

ffice of coordinator of federal funds: :|: 

Salary of coordinator** 12,500 



302 Chapter 239 [1965 

Personal services: 

Permanent 3,717 



Total 16,217 

Cinrent expenses 400 
Travel: 

In state 100 

Out of state 2,500 

Equipment 425 



Total 19,642 

;j:There is established by this appropriation the position of coordinator 
of federal fimds, who shall be appointed by the governor and council as 
an unclassified employee and who shall be qualified by education and ex- 
perience and he shall hold office at the pleasure of the governor and coun- 
cil. Subject to the direction and supervision of the attorney general he 
shall (1) inform and advise the heads of all state departments, divisions, 
agencies and commissions and the legislative budget assistant concerning 
federal programs from which the state may be eligible to receive federal 
funds and concerning the requirements which must be met in order to 
participate therein, (2) review all requests and agreements originating 
in any state department, division, agency and commission relating to par- 
ticipation in any federal program from which federal funds may be re- 
ceived, (3) receive accounts from all state departments, divisions, agencies 
and commissions setting forth the amounts of funds received each quarter 
from the federal government and the disposition and use of all such fimds 
(4) assist, upon request of the head of any department, division, agency 
and commission, in the preparation of requests and applications for fed- 
eral funds, (5) make reports as requested by the governor concerning the 
receipt and use of federal funds and the availability of such funds for pro- 
grams of all types, (6) receive and review all federal audits of accounts of 
federal funds administered by state agencies, copies of such reports shall 
be furnished to the legislative budget assistant, (7) perform such other re- 
lated duties as the governor and council shall require of him. 

**The salary range for coordinator is established at $12,500 to $15,- 
000. The salary may be increased by governor and council to any step 
within the range, if additional funds are required for this position they 
shall be a charge upon the salary adjustment fund. 

Total for attorney general $183,624 



Note: The appropriation made by Laws of 1963, chapter 198, for law 
enforcement manual shall be available for expenditure during the period 
from July 1, 1965 to June 30, 1967. 



1965] 



Chapter 239 303 



For department of health and welfare: 

Office of commissioner of health and welfare: 

Salary of commissioner 17,680 

Salary of business supervisor — 

health and welfaref 13,200 

Other personal services: 

Permanent 176,784 

Other 3,000 



Total 210,664 

Current expenses 47,459 

Travel: 

In state 1,900 

Out of state 1,400 

Equipment 5,612 

Other expenditures: 

Oasi and retirement 12,579 



Total for office of commissioner 279,614 



fOther provisions of la^v notwithstanding the employee holding the 
classified position of supervisor of business management III on June 30, 
1965 shall assume the new unclassified position of business supervisor — 
health and welfare as of July 1, 1965. 

Division of public health services: 
Health: 

Administration: 

Salary of director of public health services $15,240 

Other personal services: 

Permanent 49,453 

Other 2,258 



Total 


$66,951 


Current expenses 


15,000 


Travel: 




In state 


1,150 


Out of state 


4,925 


Other expenditures: 




Oasi and retirement 


6,385 


Blue cross and insurance 


419 



Total $94,830 

Less credit transfers 7,660 



304 Chapter 239 [1965 

Less estimated federal funds 31,789 



Net appropriation $55,381 

Business manaoement: 
Personal services: 

Permanent $24,922 

Other 300 



Total 


$25,222 


Current expenses 


3,200 


Travel: 




In state 


800 


Equipment 


2,050 


Other expenditures: 




Radiological health 


15,902 


Merit system participation 


2,800 


Apha examinations 


2,000 


Total 


$51,974 


Less estimated federal funds 


37,599 



Net appropriation 14,375 

Special health services: 
Personal services: 

Permanent $4,422 

Other 16,000 



Total $20,422 

Current expenses 17,000 
Travel: 

In state 400 

Out of state 100 
Other expenditures: 

Chronic illness 60,000 

Total $97,922 

Less estimated federal funds 78,500 



Net appropriation 19,422 

Hospital services: 
Personal services: 

Permanent $40,807 

Other 1,250 

Total $42,057 



1965] 



Chapter 239 ^"^0:5 



700 



Current expenses 
Travel: 

In state 2,500 

Other expenditures: 

Hospital administration 17,000 

Total $62,257 

Less estimated federal funds 17,000 



Net appropriation 45,257 



Vital statistics:* 
Personal services: 
Permanent 
Other 


$46,566 
500 


Total 
Current expenses 
Equipment 


$47,066 

7,200 

90 


Total 

Less estimated federal funds 


$54,356 
7,569 



Net appropriation 46,787 

*Other provisions of law notwithstanding, any balance in vital sta- 
tistics account at June 30, 1965 shall lapse to unappropriated surplus of 
the general fund on July 1, 1965. 

Public health nursing: 
Personal services: 

Permanent $132,827 

Other 1,000 



Total 


$133,827 


Current expenses 


5,800 


Travel: 




In state 


14,550 


Out of state 


450 


Equipment 


600 


Total 


$155,227 


Less estimated federal funds 


53,845 



Net appropriation 101,382 



306 Chapter 239 [1965 

Communicable disease control: 
Personal services: 

Permanent $56,178 

Other 4,500 



Total 


$60,678 


Current expenses 


33,300 


Travel: 




In state 


3,000 


Equipment 


800 


Total 


$97,778 


Less estimated federal funds 


17,154 



Net appropriation 80,624 



Dental public health: 




Personal services: 




Permanent 


$38,465 


Other 


16,000 


Total 


$54,465 


Current expenses 


1,300 


Travel: 




In state 


2,000 


Equipment 


1,376 


Total 


$59,141 


Less estimated federal funds 


18,694 



Net appropriation 40,447 

Maternal child health and crippled children's services: 
Personal services: 

Permanent $55,547 

Other 29,000 



Total $84,547 

Current expenses 111 ,900 
Travel: 

Instate 1,750 

Out of state 450 
Other expenditures: 

Direct assistance for children 64,790 

Cystic fibrosis 10,000 



1965] 



Chapter 239 



307 



Rehabilitation — Subsistence* 
Hanover poison center 

Total 

Less estimated federal funds 



100,000 
3,700 

$377,137 
237,969 



Net appropriation 139,168 

*The division of investigation of accounts shall investigate the pay- 
ment ability of liable persons as provided by RSA 8:40. Expenditure of 
this appropriation contingent upon 50-50 matching by federal funds. 



Occupational health: 




Personal services: 




Permanent 


$62,731 


Current expenses 


3,230 


Travel: 




In state 


3,600 


Equipment 


885 


Other expenditures: 




Radiation control — other personal services, 




current expenses, travel and equipment 


10,806 


Total 


$81,252 


Less estimated federal funds 


17,483 


Less radiation fees 


10,500 



Net appropriation 

Food and chemistry: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 

Total 

Sanitary engineering: 
Personal services: 
Permanent 
Other 



$103,342 
1,750 

$105,092 
3,900 

11,000 
200 



53,269 



120,192 



$74,170 

5,880 



Total 



$80,050 



308 Chapter 239 [1965 



Current expenses 
Travel: 

In state 
Equipment 


4,900 

6,000 

440 


Total 

Laboratory services: 
Personal services: 
Permanent 
Other 


$86,469 
7,628 


Total 
Current expenses 
Equipment 


$94,097 

24,475 

2,253 


Total* 

Less estimated federal funds 


$120,825 
15,500 



91,390 



Net appropriation 105,325 

*Within this appropriation $12,200 each year is for the P.K.U. pro- 
gram and shall not be transferred or used for any other purpose. 

Alcoholism: 

Personal services: 

Permanent $76,541 

Other 7,750 



Total $84,291 

Current expenses 7,750 
Travel: 

In state 3,200 



Total 95,241 



Total for division of health 1 ,008,260 

Sanatorium: 
Administration : 

Salary of superintendent $13,620 

Other personal services: 

Permanent 18,224 



Total $31,844 

Current expenses 2,300 
Travel: 

In state 650 



1965 





Chapter 239 




Out of state 




785 


Equipment 




450 



309 



Total $36,029 

Professional care and treatment: 
Personal services: 

Permanent $152,840 

Other 4,000 



Total $156,840 

Current expenses 15,700 

Equipment 1,972 

Total 174,512 

Custodial care:* 
Personal services: 

Permanent 81,907;|: 

Other 1,800 



Total 83,707 

Current expenses 33,097 

Equipment 1,615 

Total 118,419 

:|:The position of housekeeper is abolished as of July 1, 1965. 

*In this appropriation $7,290 shall be for products used from the in- 
stitution's farm. No part of this amount shall be transferred to any other 
appropriation or expended for any other purpose. The institution's farm 
shall receive credit for all products used even though in excess of $7,290. 



Operation of plant: 






Personal services: 






Permanent 




$63,375 


Other 




400 


Total 


$63,775 


Current expenses 




24,445 


Equipment 




200 


Other expenditures: 






Cutting wood and lu 


mber for 




institutional usef 




1,300 


Rental of farm equ 


ipmentf 


500 



Total 90,220 



310 



Chapter 239 



[1965 



fThese appropriations shall be for services, supplies and equipment 
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 
$1,800. 



Maintenance of Plant: 








Personal services: 








Permanent 






$300 


Current expenses 






10,050 


Equipment 






400 


Other expenditures: 








Waterproof walls and 


install 


4 




ft. course of ceramic tile 


in 




dish-washing area — 


infirmary 


1,000 


Hot top parking areas 






1,000 


Total 




Agriculture: 








Personal services: 








Permanent 






$12,765 


Other 






1,135 


Total 


$13,900 


Current expenses 






5,510 


-Equipment 






2,075 



Total 

Less credit transfers 

Less estimated revenue 

Net appropriation 

Total for sanatorium 

Less refunds (maintenance) 

Net appropriation 

Water pollution: 
State funds: 

Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 
In state 



$21,485 
9,090 
9,040 



$123,891 
3,000 

$126,891 
7,250 

13,100 



12,750 



3,355 

$435,285 

7,500 



427,785 



1965] 



Chapter 239 



311 



Out of state 



1,100 



Total 




Federal funds: 




Personal services: 




Permanent 


$24,815 


Other 


3,850 


Total 


$28,665 


Current expenses 


2,849 


Travel: 




In state 


3,300 


Out of state 


825 


Equipment 


1,646 


Other expenditures: 




Oasi and retirement 


1,620 


Blue cross and insurance 


130 


Total 


$39,035 


Less estimated revenue 


39,035 



$148,341 



Net appropriation 

New England interstate water pollution commission: 
Personal services: 

Other $500 

Current expenses 1,150 

Travel: 

Out of state 800 



Total 
State aid to mimicipalities 

Total for water pollution 

Total for division of public health services 



2,450 
563,500 



714,291 

$2,150,336 



Division of welfare: 




Administration: 




Salary of director 


13,184 


Other personal services: 




Permanent 


158,384 


Other 


7,000 


Total 


178,568 


Current expenses 


21,078 



312 Chapter 239 [1965 



Chapter 239 




Travel: 






In state 




4,860 


Out of state 




1,228 


Equipment 




969 


Other expenditures: 






Blue cross and insurance 




7,458 


Merit system 




4,500 


Educational leavef 




10,000 


Employees retirement 




51,092 


Social security 




35,707 


Physical examinations for 


applicants 


1,000 



Total 316,460 

fNot to be transferred or used for any other purpose. The total grant 
to any one person shall not exceed $5,000 which shall include tuition and 
stipend. 

Field services: 
Personal services: 

Permanent 717,146 

Other 5,075 



Total 722,221 

Current expenses 70,000 
Travel: 

In state 37,636 

Out of state 500 

Equipment 14,671 



Total 




ind services: 




Personal services: 




Permanent 


$32,844 


Current expenses 


978 


Travel: 




In state 


2,800 


Out of state 


375 


Other expenditures: 




Education of blind 


65,000 


Sight conservation 


29,000 



845,028 



Total 130,997 

Note: The position of sight conservation consultant, position num- 
ber 06, shall be abolished as of November 2, 1965. All funds appropriated 
directly or indirectly for the sight conservation program anywhere in the 



1965] Chapter 239 313 

appropriation for the Division of welfare are hereby transferred to the 
department of public health nursing in the Division of public health serv- 
ices and are hereby appropriated to that department to be used by it for 
the purpose of said program. 

Child welfare services: 
Personal services: 

Permanent $258,623 

Other 3,200 



Total 


$261,823 


Current expenses 


50 


Travel: 




In state 


30,670 


Out of state 


1,000 


Other expenditures: 




Conferences and institutes 


1,500 


Foster care 


4,370 


Specialized services 


1,000 


Educational leave* 


10,000 


Totalf 


$310,413 


Less estimated federal fundsf 


158,612 



Net appropriation 151,801 

*Not to be transferred or used for any other purpose. 

■fli the federal grant is less than the estimate shown herein, the total 
appropriation shall be reduced in like proportion. 

Vocational rehabilitation: 



Personal services: 




Permanent 


$28,700 


Current expenses 
Travel: 


250 


In state 


2,550 


Out of state 


535 


Equipment 
Other expenditures: 
Case services 


475 
22,000 


Business enterprises* 
In service training 


10,000 
1,700 


Totalf 

Less estimated federal fundsf 


$66,210 
40,012 



Net appropriation 26,198 



314 Chapter 239 [1965 

*These funds shall not be transferred or used for any other purpose, 
fif the federal grant is less than the estimate shoAvn herein, the total 
appropriation shall be reduced in like proportion. 

Special children's fund* 8,000 

*No part of this appropriation shall be transferred or expended for 
any other purpose. 

John Nesmith fund 3,700 

Foster day care: 
Personal services: 

Permanent 9,753 

Current expenses 880 

Travel: 

In state 360 

Equipment 1,956 

Other expenditures: 

Retirement 415 

Oasi 37 



Total 

Less estimated federal funds 


13,401 
13,401 


Net appropriation 
Old age assistance: 
State's share 
Less estimated revenue 




$1,284,282 
91,000 


Net appropriation 
ToAvns and comities 
Less estimated revenue 


$1,193,282 
$1,297,421 
1,297,421 


Net appropriation 
Federal 

Less estimated revenue 




$2,607,982 
2,607,982 


Net appropriation 
Old age assistance to aliens: 
Towns and counties 
Less estimated revenue 




$249,868 
249,868 


Net appropriation 
Federal 

Less estimated revenue 




$249,430 
249,430 



Net appropriation 



65] Chapter 239 


Aid to dependent children: 
State's share 


$1,304,976 


Less estimated revenue 


80,000 


Net appropriation 
Federal share 


$1,150,765 


Less estimated revenue 


1,150,765 


Net appropriation 
Aid to needy blind: 
State's share 


$216,934 


Less estimated revenue 


2,200 



315 



Net appropriation 
Federal 

Less estimated revenue 



$156,460 
156,460 



Net appropriation 
Aid to permanently and totally disabled: 
State's share 
Towns and counties^ $318,009 

Less estimated revenue 318,009 



Net appropriation 
Federal $368,260 

Less estimated revenue 368,260 

Net appropriation 
Medical aid to aged: 

State's share $811,230 

Federal 995,921 

Total $1,807,151 

Less estimated revenue 995,921 

Net appropriation 



1,224,976 



214,734 


222,330 



811,230 



Total for division of welfare $5, 148,736 
Less town and county share of oasi 

administration 9,500 
Less transfer re administraton from 

federal grants 711,923 

Less excess income from Nesmith fund 2,300 

Net appropriation 



4,425,013 



316 Chapter 239 [1965 

Notes: Other provisions of law notwithstanding, any balance remain- 
ing in state accounts at the close of the fiscal year shall lapse to unappro- 
priated surplus of the general fund. 

Nursing homes and hospitals providing nursing care shall be eligible 
for payment by the Division of welfare for nursing care. 

If revenue and balance exceed estimates in the federal, to^vn and 
county accounts of the welfare division, such excess may be expended with 
the appro^■al of the governor and council, provided however that any fed- 
eral administration funds in these accounts must first be transferred to 
the estimated revenue account for that purpose. The director of the divi- 
sion of ^velfare shall monthly certify to the comptroller the amount of 
said administration funds so earned and the comptroller shall then effect 
the transfer. 

JFor the fiscal year ending June 30, 1966 the share which a county 
or toAvn must reimburse the state for aid to totally and permanently dis- 
abled persons for ^vhich such county or town is liable shall be thirty-five 
percent. Provisions of the law inconsistent with the provision hereof are 
hereby suspended until June 30, 1966. 

Division of mental health: 
Office of director: 

Salary of director $17,000 

Other personal services: 

Permanent 16,250 



Total 


$33,250 


Current expenses 


4,500 


Travel: 




In state 


1,750 


Out of state 


1,250 


Equipment 


1,750* 


Other expenditures: 




Grants to community mental 




health services 


150,000* 



Total ■ $192,500 

*Not to be transferred or expended for any other purpose. 

Laconia state school: 
Administration: 

Salary of superintendent $15,060 

Salary of deputy superintendent 13,560 

Other personal services: 

Permanent 79,545 

Total $108,165 



1965] Chapter 239 317 

Current expenses 3,500 
Travel: 

In state 750 

Out of state 500 

Equipment 1,800 

114,715 



Total 




Professional care and treatment: 




Personal services: 




Permanent 


$1,100,654 


Other 


16,000 


Total 


$1,116,654 


Current expenses 


23,000 


Travel: 




In state 


50 


Equipment 


2,174 



Total 1,141,878 



Custodial care: 
Personal services: 

Permanent $255,934J 

Other 2,000 



Total 257,934 

Current expenses 58,600 

Purchases from institution's farmf 90,000 
Purchases of food* 1 1 7,399 

265,999 

Travel: 

In state 100 

Equipment 4,235 



Total 528,268 

:i:The permanent position of Cook I — Position No. 0012 shall be 
abolished ^vhen the employment of the present employee is terminated, 
■fin this appropriation $90,000 shall be for products used from the institu- 
tion's farm. No part of this amount shall be transferred to any other ap- 
propriation or expended for any other purpose. The institution's farm 
shall receive credit for all products used even though in excess of $90,000. 

*Shall not be transferred or used for any other purpose. 

Operation of plant: 
Personal services: 

Permanent $64,069 



318 Chapter 239 [1965 

Current expenses 85,000 

Equipment 4,600 

Other expenditures;]: 2,000 



Total 155,669 

:{:This appropriation of $2,000 shall be for lumber used from the in- 
stitution's farm. No part of this amount shall be transferred to any other 
appropriation or expended for any other purpose. The institution's farm 
shall receive credit for all lumber used even though in excess of $2,000. 



Maintenance of Plant: 








Personal services: 








Permanent 






$48,132 


Current expenses 






17,000 


Equipment 






1,220 


Other expenditures: 








Care of grounds* 






12,000 


Special maintenance 


projects 


10,700 


Long term repair 


projects 


30,000 



Total 119,052 

*The institution's farm shall receive credit for all suppHes, ^vork and 
services rendered even though in excess of $12,000. No part of this appro- 
priation shall be transferred or used for any other purpose. 

Agriculture: 

Personal services: 

Permanent $72,455 

Other 1,550 



Total 




$74,005 


Current expenses 




46,000 


Travel: 






In state 




25 


Equipment 




4,900 


Total 


$124,930 


Less credit transfers 


104,000 


Less estimated 


revenue 


5,000 



Net appropriation 15,930 

Training and education: 
Personal services: 

Permanent $240,028 



1965] 



Chapter 239 



319 



$247,028 
8,850 



Other 7,000 

Total 
Current expenses 
Travel: 

In state 1,000 

Equipment 6,000* 

Total 

*Shall not lapse until June 30, 1967 
Total for Laconia state school 
Less refunds (maintenance) 

Net appropriation 

New Hampshire hospital: 
Administration: 

Salary of superintendent $14,307 

Salary of assistant superintendent 12,220 
Other personal services: 

Permanent 125,344 

Other 1,000 



262,878 



$2,338,390 
11,800 



Total 


$152,871 


Current expenses 


68,236 


Travel: 




In state 


260 


Out of state 


400 



Total 

Professional care and treatment: 
Senior psychiatrist (13) 
Other personal services: 

Permanent 

Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 



2,326,590 



221,767 

157,243 

3,242,299 
116,195+ 

3,515,737 
155,769t 

4,000 
500 
12,400* 



Total 



3,688,406 



320 Chapter 239 [1965 

+This appropriation includes salaries for two temporary psych, social 
workers Avho sliall be assigned to the geriatrics program, and $5,000 for 
psychology interns which shall not be used for any other purpose. Stu- 
dents accepted as medical interns shall have completed a minimum of two 
years of medical school. This appropriation also included $708 for retro- 
active salary payment for Dr. George Brown. 

-j-No charge against this appropriation or any other appropriation of 
the New Hampshire hospital shall be made for nurses uniforms. 

*This appropriation shall not lapse until June 30, 1967. 

Custodial care: 
Personal services: 

Permanent $781,954 

Other 18,000 



Total $799,954 

Current expenses^ 630,398 

Equipment 10,550 

Total 1,440,902 

+In this appropriation $18,500 is for the purchase of ward linen and 
shall not be transferred or used for any other purpose. $140,400 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 pur- 
pose. The institution's farm shall receive credit for all products used even 
though in excess of $140,400. 

Operation of plant: 
Personal services: 

Permanent $251,334 

Other 9,275 



Total $260,609 

Current expenses 236,630 

Equipment 12,245 

Total 509,484 

Maintenance of plant: 
Personal services: 

Permanent $281,117 

Other 350 



Total $281,467 

Current expenses 45,096 

Equipment 3,000 



1965] Chapter 239 321 

Other expenditures: :]: 

Contractual repairs 35,000 

Brown building — root recon- 
struction and exterior build- 

40,000 



Total 404,563 

:|:No part of these appropriations shall be transferred or expended for 
any other purpose. 

Agriculture: 

Personal services: 

Permanent $77,661 

Other 4,000 



Total $81,661 

Current expenses 47,620 

Travel: 

In state 25 

Equipment 4,050 



Total $133,356 

Less credit transfers 140,400 

Less estimated revenue 4,200 



Net reduction — 11,244 

Pathology laboratory: 
Personal services: 

Permanent $16,695 

Other 9,200 



Total $25,895 

Current expenses 750 

Equipment 355 



Total 27,000 



Total for New Hampshire hospital $6,280,878 

Less refunds (Maintenance) 63,500 



Net appropriation 6,217,378 

Child guidance clinics: 
State funds: 

Personal services: 

Permanent $83,540 



322 



Chapter 239 



[1965 



Other 

Total 
Current expenses 
Travel: 
In state 

Total 

Federal funds: 
Personal services: 
Permanent 
Other 



1,500 



Net appropriation 



$85,040 
5,500 



350 



$35,042 
4.500 



Total 


$39,542 


Current expenses 


1,072 


Travel: 




Out of state 


1,400 


Equipment 


565 


Other expenditures: 




Consultants 


10,729 


Grants to communities 


9,909t 


Merit system 


283 


Oasi and retirement 


1,500 






Total* 


$65,000 


Less estimated federal funds* 


65,000 



$90,890 







flf eligible communities fail to qualify for grants under this appro- 
priation, said appropriation may be spent for other purposes of the child 
guidance clinics ^vith governor and council approval. 

Total for child guidance clinics 90,890 

*This amount available for expenditure only if funds are available 
as a federal grant. 

Total for division of mental health 8,827,358 



Total for department of health and Avelfare 



$15,682,321 



Note: If under the department of health and welfare any federal 
o-rant received is less than estimated, the total appropriation shall be re- 
duced by the amount of reduction in federal estimates and the applicable 
state matching funds. 



1965] Chapter 239 323 



)r barbers board: 














Personal services: 














Other 










$1,650 




Current expenses 










850 




Travel: 














In state 










1,170 




Out of state 










50 




Other expenditures: 














Transfer to division 


of 


public health services 






for salary of clerk IV and 


temporary 


clerk 






typist 








- 


2,500 




Total 




$6,220 



For cancer commission: 






State Funds: 






Personal services: 






Permanent 


$14,212 




Other 


17,250 




Total 


$31,462 




Current expenses 


114,086 




Travel: 






In state 


1,000 




Equipment 


250 




Total 




$146,798 


Federal Funds: 






Personal services: 






Permanent 


$8,341 




Other expenditures: 






Cancer registries and other cancer 






control activities 


16,659 




Total* 


$25,000 




Less estimated federal funds* 


25,000 




Net appropriation 







Total for cancer commission 


$146,798 



*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 approval of the governor 
and council. 



324 Chapter 239 [1965 

For dental board: 
Personal services: 

Other $850 

Current expenses 400 

Travel: 

In state 50 

Out of state 875 

Equipment 265 



Total $2,440* 



*Otlier provisions of law notwithstanding, the balance in this fund 
at June 30, 1965, shall lapse to unappropriated surplus in the general fund. 

For board of registration of funeral directors and embalmers: 

Personal services: 

Other $735 

Current expenses 550 

Travel: 

In state 350 

Out of state 400 



Total $2,035* 



*Other provisions of law notwithstanding, the balance in this fund at 
June 30, 1965 shall lapse to unappropriated surplus in the general fimd. 

For board of hairdressers: 

Personal services: 

Other 1,500 

Current expenses 1,350 
Travel : 

In state 2,620 

Equipment 30 

Other expenditures: 

Transfer to division of public health services 
for salary of clerk IV and temporary clerk 
typist 5,160 



Total $10,660 

For board of registration in medicine and physical therapy:-)- 



65] 


Chapter 239 




325 


Personal services: 

Other 
Current expenses 




$1,520 
1,650 




Travel. 
In state 
Out of state 




100 
500 




Total 




$3,770 



fOther provisions of law notwithstanding, the balance in the physical 
therapy fund at June 30, 1965 shall lapse to unappropriated surplus in 
the general fund. 

For pharmacy commission:! 

Personal services: 

Other $7,212 

Current expenses 1,000 

Travel: 

In state 1,500 

Out of state 300 

Equipment 150 



Total $10,162 



-f-Other provisions of la^v^ notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 

For board of registration in podiatry:* 

Personal services: 

Other $135 

Current expenses 170 

Travel: 

In state 25 



Total $330 



*Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 

For veterans council: 

Salary of director $8,060 

Other personal services: 

Permanent 10,691 



Total $18,751 

Current expenses 950 



326 



Chapter 239 



[1965 



Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Veterans' burials 

Total for veterans' council 
Less estimated refunds 



1,620 

150 

1,300 

4,500 



$27,271 
500 



Net appropriation 



$26,771 



For insurance department:* 
Office of commissioner: 
Salary of commissioner 
Salary of deputy commissioner 
Salary of assistant to commissioner 
Other personal services: 
Permanent 

Total 
Current expenses 
Travel: 
In state 
Out of state 
^ — Equipment 

Total 

Rating division: 
Personal services: 

Permanent 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 

Total 

Real estate division: 
Personal services: 

Permanent 
Current expenses 
Travel: 
In state 



15,181 

12,240 

9,000 

66,845 

103,266 
7,595 

100 
1,000 
1,419 



$20,217 
1,435 

100 
400 
510 



4,830 
1,872 

100 



113,380 



22,662 



1965] 



] Chapter 239 




Out of state 


200 


Equipment 


280 


Total 




Total for insurance department 





327 



7,282 



$143,324 



*Notwithstanding any other provision of law, the balances at June 
30, 1965 of funds established by RSA 402:56-a (Supp) and Laws 1963: 
269:5, and insurance companies annual license and certification fees shall 
lapse to unappropriated surplus of the general fund. 

For department of labor: 
Office of commissioner: 

Salary of commissioner 11,792 

Salary of deputy commissioner 8,481 

Other personal services: 

Permanent 30,780 

Other 7,832 



Total 58,885 

Current expenses 14,802 
Travel: 

In state 600 

Out of state 1,000 

Equipment 855 



Total 76,142 

Factory inspection: 
Personal services: 

Permanent 62,515 

Current expenses 1,400 

Travel: 

In state 8,800 

Equipment 2,165 



Total 74,880 

Workmen's compensation: 
Personal services: 

Permanent 29,030 

Current expenses 2,565 

Equipment 665 

Total 32,260 



328 Chapter 239 [1965 

Ne^v Hampshire apprenticeship council: 
Other expenditures: 

Apprenticeship council 350 

Total for department of labor 183,632 

Note: Such provisions of RSA 281:48 as provide for payments into the 
second injury fund are hereby suspended for the period from July 1, 1965 
to June 30, 1966. 

For personnel department:* 



Salary of director 




$13,620 


Salary of deputy director 




12,153 


Other personal services: 






Permanent 




83,689 


Other 




1,870 


Total 


$111,332 


Current expenses 




5,574 


Travel: 






In state 




1,132 


Out of state 




608 


Equipment 




1,445 


Other expenditures: 






Oasi and retirement 




488 


Insurance (Blue cross. Life 


insurance) 


48 



Total $120,627 

Less estimated federal funds 14,917 



Net appropriation $105,710 



*State matching appropriations are available for expenditure only 
if funds are available from a federal grant. If a federal grant is reduced, 
expenditure of the state matching appropriation shall be reduced pro- 
portionately. 

For resources and economic development: 
Office of Commissioner: 

Division of administration, warehouse and graphic arts: 
Salary of commissioner 15,969 

Other personal services: 

Permanent I55,419f 

Other 7,200 

Total 178,588 



1965] Chapter 239 329 





Chapter 


239 




Current expenses 






17,500 


Travel: 








In state 






2,000 


Out of state 






900 


Equipment 






4,145 


Other expenditures: 








Community recreation services 




15,000+ 



Total 218,133 

f Of the following two permanent positions whichever one becomes 
vacant first shall be abolished: 

1 Accountant II (Position # 0008) 
1 Accountant I (Position # 0007) 

;J:This appropriation shall not be transferred or expended for any 
other purpose. 

Division of design, development and maintenance: 
Personal services: 

Permanent $81,550 

Other 5,572 



Total $87,122 

Current expenses 4,500 

Travel: 

In state 1,500 

Equipment 9,250 

Total 102,372 



Total for office of commissioner $320,505 

Division of resources development: 
Administration: 

Salary of director $12,120 

Other personal services: 

Permanent 299,605+ 

Other 33,864++ 



Total $345,589 

Current expenses 26,000 
Travel: 

In state 18,500 

Out of state 950 

Equipment 14,000* 



$417,614 

15,000 
90,000 
28,543 



330 Chapter 239 [1965 

Other expenditures: 

State's share of town warden training- 
expenses 3,000** 
State's share of town prevention bills 2,200** 
Plant maintenance 7,375f 

Total 
Less revenue: 

Federal — Forest pest and disease 
Clarke-McNary law — section 2 and 4 
Other revenue and balance 

Net appropriation $284,071 

;J:The permanent position of assistant district fire chief is hereby abol- 
ished. 

:J:JIn this appropriation $20,000 shall be for the state's share for ten 
county foresters. 

*In this appropriation $5,000 shall be for fire tools to be resold to 
to^vns and no part of said appropriation shall be transferred or used for 
any other purpose than in 50-50 matching with town funds. 

**Any expense 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. 

•fin this appropriation $4,075 shall be for supplies for repairs to ma- 
chinery and equipment and $3,300 shall be for supplies for repairs to 
buildings and shall not be transferred or expended for any other purpose. 

Caroline A. Fox research fund: 
Personal services: 

Permanent $4,499 

Other 6,350 



Total $10,849 

Current expenses 3,290 
Travel: 

In state 700 

Out of state 135 

Equipment 555 



Total $15,529 

Less revenue and balance 15,529 



Net appropriation 



1965] Chapter 239 331 

Forest improvement £unds:f 
Personal services: 

Permanent $39,077 

Other 20,000 



Total $59,077 

Current expenses 2,000 

Travel: 

In state 3,500 

Out of state 150 

Equipment 1,500 

Other expenditures: 

Silviculture 5,000 

Timber tax 1,000 



Total 72,227 



fOther provisions of law notwithstanding the balance at June 30, 
1965 in the forest improvement fund shall lapse to the unappropriated 
surplus of the general fund. 

Total for division of resources development* $356,298 

Footnote: *If income from federal grants exceeds estimates, the ex- 
cess may be expended with approval of the governor and council. 

Division of parks: 
Administration: 

Salary of director $13,800 

Other personal services: 

Permanent 28,249 

Other 2,913 



Total $44,962 

Current Expenses 4,200 
Travel: 

In state 2,700 

Out of state 500 
Other expenditures: 

Advertising 60,000f 



Total 112,362 

fThis appropriation shall not be transferred or expended for any 

r nnrnncf 



other purpose 



332 Chapter 239 [1965 

Self-supporting parks: 
Personal services: 

Permanent $378,060 

Other 149,987 

Current expenses 139,050f 

Travel: 

In state 850 

Out of state 650 

Equipment 21,955 



Total 690,552 

fThis appropriation includes $10,000 for insurance and $21,050 for 
major repairs which shall not be transferred or expended for any other 
purpose. 

Service parks: 
Personal services: 

Permanent $63,443 

Other 266,569 

Current expenses 115,055f 

Travel: 

In state 1,825 

Equipment 27,525 



Total 474,417 

fThis appropriation includes $20,055 for major repairs Avhich shall 
not be transferred or expended for any other purpose. 

Bonds and interest: 

Chapter 254, Laws of 1953 

Issue of 1954 $46,475 

Chapter 254, Laws of 1953 

Issue of 1956 15,607 

Chapter 337, Laws of 1955 

Issue of 1959 33,239 

Chapter 293, Laws of 1957 

Issue of 1959 34,669 

Chapter 297, Laws of 1959 

Issue of 1961 11,550 

Chapter 263, Laws of 1961 

Issue of 1963 360,800 

Chapter 264, Laws of 1961 

Issue of 1964 48,320 



Total bonds and interest 550,660f 



1965] Chapter 239 333 

fThis appropriation shall not be transferred or expended for any 
other purpose. 

Retirement, OASI and insurance 27,000 

Injured employees 2,500 



Total for division of parks $1,857, 49 If 

Less revenue* 1,648,766 



Net appropriation $208,725 

f Within this appropriation expenditure of $100,000 shall be subject 
to prior approval of the governor and council. 

Note: Any unexpended balance in the recreation fund at June 30, 
1965 and June 30, 1966 shall lapse to the unappropriated surplus of the 
general fund. 

*Rates charged at service and self-supporting parks shall be adjusted 
to assure that estimated revenue will be realized as such revenue may be 
required to assure that the division of parks does not close the fiscal year 
with a deficit. Expenditures for the division of parks shall not exceed the 
legislative net appropriation plus actual revenue on June 30, 1966. In 
order to provide working capital for the operation of the agency an 
amount not to exceed $550,000 in addition to the legislative net appro- 
priation may be a charge against the unappropriated surplus of the state 
beginning July 1, 1965. From such working capital the director of ac- 
counts shall encumber the sum of $550,660 for the payment of fiscal 1966 
debt service. In each succeeding month of the fiscal year the unappropri- 
ated surplus shall be reimbursed by $55,000. 

Division of economic development: 
Administration: 

Salary of director - $13,740 

Other personal services: 

Permanent 29,975 

Other 4,000 



Total $47,715 

Current expenses 38,275 

Travel: 

In state 1,250 

Out of state 2,000 

Equipment 3,384 

Other expenditures: 

Regional associations 30,000* 

Eastern state exposition 8,000 

Total 130,624 



334 Chapter 239 [1965 

*This appropriation shall be administered by the division of eco- 
nomic de\elopment 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. 

Industrial development: 
Personal services: 

Permanent 
Current expenses 
Travel: 

In state 

Out of state 

Total 122,803 

Planning and research: 

Personal services: 

Permanent $61,394 

Current expenses 2,200 

Travel: 

In state 2,000 

Out of state 1,000 



$94,303 


13,000 


6,000 


9,500 



Total 66,594 

State geology: 
Personal services: 

Other $1,800 

Current expenses 3,500 

Travel: 

In state 100 

Other expenditures: 

Geology bookletsf 1,500 

Geological and aeromagnetic mapping 15,000ff 

Total 21,900 

■fOther provisions of law notwithstanding, the balance in the geology 
booklets account at June 30, 1965 shall lapse to the unappropriated sur- 
plus of the general fund. 

ffThis appropriation shall not be transferred or expended for any 
other purpose. 



1965] Chapter 239 335 

Vacation travel promotion: 

Personal services: 

Permanent $62,489 

Travel: 

In state 1,500 

Out of state 3,000 

Other expenditures: 

Printing and binding 50,000* 

Advertising 145,000* 

Planning 20,000* 

Promotion 5,000* 

Montreal office 10,000 

Boston office 12,500 

New York office 11,000 

Visitors center 2,500 

Bulletin of vacation inquiry 1,600 J 



Total 324,589 

*These appropriations shall not be transferred or expended for any 
other purpose. 

:J:Other provisions of law notwithstanding the balance in the bulletin 
of vacation inquiry account at June 30, 1965 shall lapse to the unappro- 
priated surplus account of the general fund. 

Urban planning assistance:* 

Other expenditures $155,520 

Less estimated revenue 153,520:|: 



Net appropriation 2,000 

*Any state earned income shall be deposited to the general fund; and 
any balance of such earnings at June 30, 1965 shall lapse to the unappro- 
priated surplus of the general fund. 

;|:The expenditures authorized under this appropriation may be in- 
creased with governor and council approval by the amount of federal and 
local funds available which exceed the estimated revenue. 

Other expenditures: 

Electrical improvement to New Hampshire 

building at Eastern States exposition 12,000 



Total — Division of economic development 680,510 

Water resources board: 

Salary of chairman $12,300 



336 



Chapter 239 




Other personal services: 




Permanent 


71,077 


Other 


500 


Total 


$83,877 


Current expenses 


3,500 


Travel: 




In state 


4,000 


Out of state 


675 


Equipment 


2,680 


Other expenditures: 




Maintenance of dams 


3,000+ 


Stream flow gauging 


24,200 



[1965 



Connecticut river valley flood 
control commission: 

Per diem and expenses of commission 
State's contribution to commission 
Survey and investigation re ground 

^vater resources 
Survey on effect of highway salt on 

ground water resources 
Merrimack river valley flood 
control commission: 

Per diem and expenses of commission 
State's contribution to commission 
Taxation re Pittsburo: and Clarksville 



700 
1,250 

11,000+ 



4,000+ 



600 
3,000 
12,500+ 



Total for water resources board 
Less transfers from: 

Public works and highways 

Pittsburg project 

Lakeport project 


$154,982 

10,000 

11,181 

5,396 



Net appropriation 128,405 

JThis appropriation shall not be transferred or expended for any 
other purpose. 

Hampton beach parking facility: 
Personal services: 

Other 
Current expenses 
Travel: 

In state 
Equipment 



$9,406 
7,855 

100 
295 



1965] Chapter 239 337 

Other expenditures: 

Hampton sea wall bonds 60,000 

Interest on bonds 19,013 



Total $96,669 

Less estimated revenue 36,000:|: 



Net appropriation 60,669 

:J:The advisability of installing additional meters and increasing the 
charge for leased parking area shall be reviewed. Parking meter fees and 
space rentals shall be adjusted to insure that estimated revenue will be 
received. 

Total for department of resources and economic 

development $1,755,112 

Port authority: 
Personal services: 

Permanent $15,691 

Other: 

Temporary 1,000 

Harbor Masters 4,000* 

Outside sales representative 5,000 



Total 




$25,691 


Current expenses 




7,360 


Travel: 






In state 




500 


Out of state 




1,800 


Equipment 




400 


Other expenditures: 






Reimbursement of 


harbor masters 


1,000 


Operation of terminal 


12,000 



Total 48,751 



*Not to be transferred or expended for any other purpose. 

Note: Revenue in excess of $28,000 may be expended for operation 
and maintenance of the terminal subject to the prior approval of the gov- 
ernor and council: however, if an emergency arises because of depletion 
of operation and maintenance budget, the port authority is authorized to 
expend a sum over the $12,000 allowed in this category, with the approval 
of the governor and council if such expenditures will generate additional 
revenue at least equal to the expenditure. 



338 Chapter 239 [1965 

For department of safety: 
Office of commissioner: 

Salary of commissioner 16,419 

Other personal services: 



Permanent 


72,685 


Other 


2,100 


Total 


91,204 


Current expenses 


6,700 


Travel: 




In state 


1,350 


Out of state 


750 


Equipment 


950 


Other expenditures: 




Oasi, retirement, blue cross and insurance 


5,875 


Conversion to EDP: 




Temporary help 


11,700* 


Rental of EDP equipment 


7,170* 


Total 


125,699 


Less transfer from highway fund 


121,426 



Net appropriation $4,273 

*This appropriation shall not be transferred or expended for any 
other purpose. 

Division of motor vehicles: 
Administrative: 

Salary of director $11,320 

Other personal services: 



Permanent 


226,454 


Other 


33,900 


Total 


$271,674 


Current expenses 


230,000 


Travel: 




In state 


400 


Out of state 


450 


Equipment 


12,640 


Other expenditures: 




Oasi, retirement, blue 




cross, insurance 


21,269 



Total $536,433 



1965] 



Chapter 239 



339 



Road toll: 

Personal services: 

Permanent 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Oasi, retirement, blue 
cross, insurance 

Total 
Court returns: 
Personal services: 

Permanent 
Current expenses 
Equipment 
Other expenditures: 
Oasi, retirement, blue 
cross and insurance 

Total 



Total for division of motor vehicles 
Less transfer from highway fund 

Net appropriation 

Initial plate fund:f 
Personal services: 
Permanent 
Other 



$54,755 
985 

3,300 
3,425 
3,330 



4,000 



$7,858 
285 
450 



662 



69,795 



9,255 



$615,483 
615,483 



$3,843 
1,500 



Total 


$5,343 


Current expenses 


9,000 


Other expenditures: 




Oasi, retirement, blue cross and insurance 


297 


Child safety council 


2,000 


Driver assistance 


60,000 


Police training school 


4,000 


Total 


$80,640 


Less estimated revenue 


80,640 



Net appropriation 



340 Chapter 239 [1965 

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, 1965 and June 30, 1966 shall lapse to the high- 
\vay fund. 

Division of state police: 
Traffic Bureau: 

Salary of director $11,850 

Other personal services: 

Permanent 969,029 

Other 2,000 



Total 


982,879 


Current expenses 


83,445 


Travel: 




In state 


188,000 


Out of state 


1,500 


Equipment 


208,715 


Other expenditures: 




Training 


3,800 


Oasi and retirement 


47,345 


Blue cross, insurance 


6,455 


For new troopers: 




Automobiles 


24,000 


Radios 


5,868 


Uniforms and equipment 


9,180 


Retirement, blue cross. 




insurance 


4,493 


Total for traffic bureau 


1,565,680 


Less estimated revenue 


42,400 


Less transfer from turnpike 


145,811 


Less transfer from 




highway fund 


1,377,469 



Net appropriation 

Detective bureau: 

Personal services:f 

Permanent $93,178 

Current expenses 14,000 

Travel: 

In state 10,000 

Out of state 500 

Equipment 10,000 



1965] 



Chapter 239 341 



Other expenditures: 
Oasi, retirement, blue 

cross and insurance 6,590 



Total $134,268* 

Less estimated revenue 1,600 



Net appropriation 132,668 

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 of the commissioner. 

*No part of this appropriation shall be transferred to any other ac- 
count or expended for any other purpose. 

Communications: J 



Personal services: 










Permanent 








63,477 


Current expenses 








16,000 


Travel: 










In state 








4,900 


Equipment 








4,000 


Other expenditures: 










Training school 








LOOOf 


Oasi, retirement. 


blue 


cross, insurance 


4,127 


Total 


93,504 


Less estimated : 


revenue 




800 


Less transfer from h 


ighway 


fund 


82,548 



Net appropriation 10,156 

fExpenditure shall be subject to prior approval of the governor and 
council. No transfer shall be made from this appropriation. 

JOnly four uniformed employees shall be assigned to the communica- 
tions section. 

Crowd control equipment 10,000 

Less transfer from highway fund 5,000 



Net appropriation 5,000 



Total for state police 147,824 

Division of safety services:-)" 

Salary of director $10,230 



342 Chapter 239 [1965 

Salary of fire marshal 9,120 

Other personal services: 

Permanent 126,232 

Other 75,000 



Total 


$220,582 


Current expenses 


60,000 


Travel: 




In state 


43,850 


Out of state 


1,350 


Equipment 


37,900 


Other expenditures: 




Oasi, retirement, blue cross, insurance 


14,000 


Civil defense and rescue training center: 




Personal services and maintenance 


500 


Schools and training 


500 


Total for safety services 


$378,682 


Less transfer from highway fund 


132,538 



Net appropriation 246,144 

Total for department of safety $398,241 



fOther provisions of law notwithstanding the balance in initial plate- 
boats fund at July 1, 1965 shall lapse to unappropriated surplus of the 
general fund. 
For secretary of state:** 
Office of secretary: 

Salary of secretary 13,501 

Salary of deputy secretary 10,741 

Other personal services: 

Permanent 53,184 

Other 3,675 



Total 






81,101 


Current expenses 






7,030 


Travel: 








In state 






125 


Out of state 






800 


Equipment 






1,280 


Other expenditures: 








Equipment and supplies to revise filing 


sys- 




tem for corporate and trade 


names 




8,700 



Total 99,036 



1965] 



Chapter 239 343 



Elections division: 
Personal services: 

Other $1>500 

Current expenses 2,000* 

Travel: 

In state 50 

Other expenditures 40,000* 



Total 

*Shall not lapse until June 30, 1967. 

Xerox division: 
Personal services: 
Permanent 
Other 


$4,422 
400 


Total 
Current expenses 
Other expenditures: 
Legislative services 


$4,822 
8,000 

1,000* 


Total 

Less estimated revenue (Xerox services) 


$13,822 
5,000t 



43,550 



Net appropriation 8,822 

*Shall not lapse until June 30, 1967. 

f Revenue in excess of the estimate may be expended ^vith prior ap- 
proval of the governor and council. 

Trading stamps: 

Other expenditures 1,050 

Auctioneers: 

Other expenditures 1,700 



Total for secretary of state $ 1 54, 1 58 



**Other provisions of law notwithstanding, the balance at June 30, 
1965 in auctioneers and trading stamp accounts shall lapse to unappro- 
priated surplus of the general fund. 

For board of accountancy:* 
Personal services: 

Other $1,000 

Current expenses 1,565 



344 Chapter 239 [1965 

Travel: 

In state 100 



Total $2,665 



*Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 
For board of registration for architects:* 

Personal services: 

Other $1,350 

Current expenses 500 

Travel: 

In state 150 

Out of state 500 

Equipment 88 

Total $2,588 



*Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 

For state athletic commission:* 
Personal services: 

Other $950 

Current expenses 150 

Travel: 

In state 600 



Total $1,700 



*Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 

For board of chiropractic examiners: 

Personal services: 

Other $1,200 

Current expenses 550 

Travel: 

In state 650 

Out of state 200 

Total $2,600 



1965] Chapter 239 




For board of professional engineers:* 




Personal services: 




Other 


$3,370 


Current expenses 


2,165 


Travel: 




In state 


230 


Out of state 


650 


Equipment 


700 



345 



Total $7,115 



*Other provisions of law notwithstanding, the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 

For board of registration in optometry: 

Personal services: 

Other $400 

Current expenses 355 

Travel: 

In state 150 

Out of state 245 



Total $1,150 



For board of psychologists:* 

Current expenses $100 

Travel: 

In state 60 

Out of state 40 



Total $200 



*Other provisions of law notwithstanding the balance at June 30, 
1965 shall lapse to unappropriated surplus of the general fund. 
For state library: 

Administration: 

Salary of librarian $12,000 

Salary of assistant librarian 9,219 
Other personal services: 

Permanent 154,496 

Other 3,219 



Total $178,934 

Current expenses 13,000 



6 


Chapter 239 




Travel: 






111 state 




300 


Out o£ state 




400 


Equipment 




28,885 


Total 




Extension: 






Current expenses 




$8,500 


Travel: 






111 state 




3,200 


Out of state 




100 


Equipment 




14,270 



[1965 



Total 99,919 

Current expenses 14,374 

Travel: 

In state 1,600 

Out of state 1,200 

Equipment 29,760 

Other expenditures: 

Public relations 16,000 

Training and scholarships 5,823 

Construction grant-in-aid 132,682 

Oasi 3,915 



Total* 305,273 

Less estimated revenue 305,273 



$221,519 



Total 26,070 

State aid: 

Grants-in-aid to rural libraries 2,000 

Federal Aid: 

Personal services: 

Permanent 93,365 

Other 6,554 



Net appropriation 

*This amount available for expenditure only if funds are available as 
a federal grant. 



Total for state library $249,589 



1965] Chapter 239 347 

For state treasury: 
Administration: 

Salary of treasurer $12,277 

Salary of deputy treasurer 9,266 

Other personal services: 

Permanent 102,400 

Other 2,400 



Total 


$126,343 


Current expenses 


29,323 


Travel: 




In state 


50 


Out of state 


250 


Equipment 


4,400 


Total 




Trust funds: 


-— 


Agricultural college fund 


$4,800 


Hamilton Smith fund 


400 


Benjamin Thompson fund 


31,896 



$160,366 



Total 37,096 

Expense re head tax 100 

Bounties;]: — payments to cities and towns 2,000 



Total for state treasury $199,562 

Less transfer from highway fund 23,032 



Net appropriation $176,530 



JThis appropriation shall be a continuing appropriation and shall 
not lapse. 

For industrial school: 
Administration : 

Salary of superintendent $12,900 

Salary of deputy superintendent 8,053 

Other personal services: 

Permanent 24,238 



Total $45,191 

Current expenses 7,200f 
Travel: 

In state 300 

Out of state 600 

Total $53,291 



348 Chapter 239 [1965 

fWithin this appropriation $5,500 is for telephone service and shall 
not be transferred or expended for any other purpose. 

Instruction: 

Personal services: 

Permanent $59,639 

Other 3,500 



Total $63,139 

Current expenses 1,750 

Equipment 760 

Total 65,649 

Custodial care:* 
Personal services: 

Permanent $337,702tt 

Other 8,909 



Total $346,611 

Current expenses f J 65,350 

Equipment 2,090 



Total 414,051 

*Such sums as may be required for the custody of certain inmates shall 
be transferred from the emergency fund upon approval by the governor 
and council. 

•ffThe permanent position of housekeeper shall be abolished when 
the position becomes vacant. 

•fin this appropriation $22,500 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 $22,500. 
:|:In this appropriation $1,550 shall be for subsistence and support of 
persons and shall not be used for any other purpose or transferred to any 
other account. 

Auxiliary to custodial care: 
Personal services: 

Other 4,000 

Operation of plant: 
Personal services: 

Permanent $19,582 

Current expenses 36,000 

Equipment 7,840 

Total 63,422 



1965] 



Chapter 239 



349 



Maintenance of plant: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Equipment 
Other expenditures: 

Repairs of machines, equipment, build- 
ings and grounds (Contract) 
Stabilization and necessary related repairs 
to school building and adjoining areas 
Resurfacing of roadways 
Repair and replacement of underground 
water mains and steam lines 



34,633 
1,200 

35,833 

9,000 

160 



8,100 

16,000 
5,000 

23,000 



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: 
In state 
Out of state 
Equipment 



97,093 



$16,283 
1,250 

$17,533 

14,500 

1,500 

$33,533 

22,500 

7,500 



$33,654 
325 

2,300 

400 

60 



3,533 
5,500 



Total 



36,739 



350 



Chapter 239 



[1965 



Total for industrial school 
Less refunds (maintenance) 

Net appropriation 



$743,278 
6,500 

$736,778 



For soldiers home: 
State funds: 

Office of commandant: 
Salary of commandant 
Other personal services: 
Permanent 
Other 

Total 

Custodial care: 
Personal services: 
Permanent 
Other 

Total 

Professional care and treatment: 
Personal services: 



Total 
Current expenses 
Travel: 
In state 
Out of state 
Equipment 
Other expenditures: 

Renovation of east wing basement, includ- 
ing equipment and furnishings 
Renovate and re-equip kitchen in main 
building 



7,100 

6,188 
211 



$31,058 
2,200 



Permanent 


$36,202 


Other 


2,200 


Total 




Operation and maintenance of plant: 




Personal services: 




Permanent 


$13,147 


Other 


550 



$13,697 
24,635 



370 

50 

225 



8,000 
10,000 



$13,499 



33,258 



38,402 



1965] Chapter 239 351 

Repairs to buildings and grounds — 

contractual 3,700* 



Total 60,677 

*Reroofing east wing of main building $3,000 and renew floor of 
old laundry room $700. 



Total $32,250 

Current expenses 2,073 
Travel: 

In state 585 

Out of state 425 

Equipment 400 



Total for soldiers home $145,830 

Less refunds (maintenance) 1,600 

Less revenue and balance 46,000 



Net appropriation $98,236 

For state prison: 
Administration: 

Salary of warden $13,620 

Other personal services: 

Permanent 18,330 

Other 300 



Total $35,733 

Instruction: 

Personal services: 

Permanent 5,550 

Custodial care: 

Salary of deputy warden $9,740 

Other personal services: 

Permanent 279,424 

Other 26,580 



Total $315,744 

Current expenses* 94,681 

Equipment 200 
Other expenditures: 

Custody of certain inmatesj 3,270 

Total 413,895 



352 Chapter 239 [1965 

*In this appropriation $18,000 shall be for products used from the 
institution's farm. No part of this appropriation shall be transferred to 
any other appropriation or expended for any other purpose. The institu- 
tion's farm shall receive credit for all products used even though in 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 New Hamp- 
shire 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 $7,600 

Current expenses 5,000 

Other expenditures: 

Awards — gate money 3,420 

Total 16,020 



Operation of plant: 








Personal services: 








Permanent 






$29,458 


Other 






249 


Total 




Maintenance of plant: 








Current expenses 






$11,500 


Equipment 






2,080 


Other expenditures: 








Repair south gate — including 


installation 




of new steel doors 






8,000 


Repair brick work on 


north wall 


5,000 


Total 




Agriculture: 








Personal services: 








Permanent 






$14,483 


Other 






3,000 


Total 


$17,483 


Current expenses 






23,000 



29,707 



26,580 



1965] 



Chapter 239 



353 



Equipment 

Other expenditures: 

Slaughtering, cutting and curing meat 

Registration fees 

Total 

Less credit transfer 

Less estimated revenue 

Net reduction 
Parole: 

Salary of parole officer 
Other personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 
Equipment 

Total 
Prison industries: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 

Out of state 

Total 

Less estimated revenue and credits 

Net appropriation 

Total for state prison 

Less refunds (maintenance) 

Net appropriation 



5,475 

1,500 

75 



$47,533 
18,000 
30,000 



$8,120 

24,234 
600 

$32,954 
1,200 

1,600 

500 

1,400 



$99,965 
11,049 

$111,014 
191,980 

75 
175 

$303,244* 
303,244 



-467 



37,654 





$564,672 
5,356 

$559,316 



354 Chapter 239 [1965 

*Expenditures for year shall not exceed revenue and credits. 

For higher education fund: 

Includes uni\'ersity of New Hampshire, 

Plymouth state college and Keene state college 



Extension ^vork in counties $92,400 



•j-For the fiscal year ending June 30, 1966, the millage formula pro- 
vided by RSA 187:24 is hereby suspended and the sum hereby appropri- 
ated shall be the total appropriation for the university of Ne^v Hampshire, 
Plymouth state college and Keene state college and shall be in lieu of re- 
quirements for appropriation under said RSA 187:24. In this appropria- 
tion $20,935 shall be for furnishings for silver hall at Plymouth state 
college. 

For board of education: 
Administration : 

Salary of commissioner 16,860 

Salary of deputy commissioner 13,620 

Other personal services: 

Permanent 202,680 

Other 1,500 



Total 


234,660 


Current expenses 


20,000 


Travel: 




In state 


6,500 


Out of state 


2,500 


Equipment 


2,300 


Other expenditures: 




Implementation of higher education 




loan program 


2,500+ 



Total 268,460 

JThis appropriation shall not be transferred or expended for any 
other purpose and shall not lapse until June 30, 1967. 

Foundation aid: 

State aid to school districts $2,950,000 

Note: The requirements of meeting a tax of $14. per thousand of 
equalized valuation, as provided in RSA 198:10, is waived for the pre- 
existing school district of Gilsum for the Fiscal year 1965-1966 for the 
purposes of computing foundation aid for 1965-66. 

Special aid to 20 school districts 102,710 



1965] Chapter 239 355 

Unorganized district aid: 

Tuition and transportation $12,700 

Less estimated revenue from assessments 

against unincorporated places 5,000 



Net total 7,700 

School building construction: 
Other expenditures: 

Aid to school districts for school 

building construction J 1,716,117 

;|:These 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 $867,000 

Superintendents' conference 2,000 



Total $869,000 

Less revenue from school districts 568,000 



Net appropriation 301,000 

fThe state board of education shall receive for disbursement sums 
paid by school districts for the additional salaries of superintendents un- 
der the provisions of RSA 189:44. In the above appropriation $568,000 
shall come from funds received under RSA 189:44 and the state's share 
shall not exceed $299,000. 

Smith-Hughes and George Barden: 
Personal services: 

Permanent 86,489* 

Other 50 



Total 


86,539 


Current expenses 


2,500 


Travel: 




In state 


4,250 


Out of state 


1,650 


Other expenditures: 




Reimbursements to school districts for 




salaries and travel of teachers 


189,771 



Totalf 284,710 



356 Chapter 239 [1965 

Less estimated revenue 191,662 



Net appropriation 93,048 

*This appropriation includes funds for a new position of director 
of business education and these funds shall not be transferred or expended 
for any other purpose. The commissioner of education shall fill this posi- 
tion as soon as possible. 

f If the federal grant is less than the amount of the estimate shoAvn 
herein, the total appropriation shall be reduced in like proportion. 

Education of deaf: 
Current expenses;]; 317,025 

Travel: 

In state 25 



Total 317,050 

Less estimated revenue 46,390 



Net appropriation 270,660 

;j;These funds shall be for payments to schools for board, room and 
tuition and shall not be transferred or expended for any other purpose. 

Intellectually retarded children 87,757 

Emotionally disturbed children 10,000 

George Barden (title III): 

Current expenses $400 

Travel: 

In state 500 

Other expenditures: 

Purchases in behalf of schools 149,462 



Totalf $150,362 

Less estimated federal fundsf 149,787 



Net appropriation 575 

■f If the federal grant is less than the amount shown herein the total 
appropriation shall be reduced in like proportion. 

School lunch program: state 
Personal services: 

Permanent $20,804 

Current expenses 350 

Travel: 

In state 800 



1965] Chapter 239 357 

Out of state 250 



Total 22,204 

School lunch and milk programs: federal 
Other expenditures: 

Reimbursements to school districts for — 
School lunch program $400,000 

Special milk program 400,000 



Totalf S800,000 

Less estimated federal fundsf 800,000 



Net appropriation 

fif 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. 

Fire service training: state 
Other expenditures: 

For expenses authorized by RSA 154-A (supp) 5,878 

Vocational rehabilitation: 
Personal services: 

Permanent 76,521 

Current expenses 3,000 

Travel: 

In state 5,600 

Out of state 250 

Equipment 1,900 

Other expenditures: 

Case services 125,000 

Retirement, oasi, merit system, 

blue cross, insurance 2,800 



Totalf 215,071 

Less estimated federal funds 131,523 



Net appropriation 83,548 

flf the federal grant is less than the amount of the estimate shown 
herein, the appropriation shall be reduced in like proportion. 

Oasi disability determination: federal 
Personal services: 

Permanent 34,398 

Current expenses 3,304 



358 Chapter 239 [1965 



Chapter 239 




Travel: 




In state 


500 


Out of state 


700 


Equipment 


690 


Other expenditures: 




Medical consultants and examinations 


32,000 


Clients' travel 


3,100 


Retirement, oasi, merit system. 




blue cross, insurance 


2,931 


Totalf 


77,623 


Less estimated federal fundsf 


77,623 



Net appropriation 

fif the federal grant is less than the amount of the estimate shown 
herein, the appropriation shall be reduced in like proportion. 



National defense education act — title III: 




Personal services: 




Permanent 


538,584 


Current expenses 


4,750 


Travel: 




In state 


2,250 


Out of state 


750 


Equipment 


450 


Other expenditures: 




Curriculum study and conference 


1.950 


Reimbursements to school districts 


275,000 


Totalf 


$323,734 


Less estimated federal fundsf 


299,240 



Net appropriation 24,494 

fIf the federal giant is less than the amount of the estimate sho^NOi 
herein, the appropriation shall be reduced in like amount. 

National defense education act — title V: 

Personal services: 

Permanent S 10.580 

Current expenses 825 

Travel: 

In state 500 

Out of state 300 

Equipment 130 



1965] Chapter 239 359 

Other expenditures: 

Reimbursements to school districts 45,386 



Totalf $57,721 

Less estimated federal fundsf 51,553 



Net appropriation 6,168 

f If the federal grant is less than the amount of the estimate shown 
herein, the total appropriation shall be reduced in like proportion. 

National defense education act — title X: 
Personal services: 

Permanent $11,578 

Other 1,600 



Total 


$13,178 


Current expenses 


6,600 


Travel: 




In state 


800 


Out of state 


500 


Equipment 


83 


Totalf 


$21,161 


Less estimated federal funds — 


10,581 



Net appropriation 10,580 

fif the federal grant is less than the amount of the estimate shown 
herein, the total appropriation shall be reduced in like proportion. 
Manpower development and training fund: 
Other expenditures 750,000:|: 

Less estimated federal funds — 750,000 



Net appropriation 

:J;This appropriation shall not lapse at June 30, 1966. 

f If the federal grant is less than the amount of the estimate shown 
herein, the total appropriation shall be reduced in like proportion. 

N. H. technical institute — Concord 

Salary of director 11,812 

Other personal services: 

Permanent 184,862 

Other 21,000 



Total 217,674 

Current expenses 127,825 



360 Chapter 239 [1965 

Travel: 

In state 1.700 

Out of state 800 

Other expenditures: 

Grant to students 10,000 



Total 


357,999 


Less estimated revenues: 




Tuition 


71,800 


Room and board 


56,691 


Textbooks and supplies 


28,000 


Cafeteria 


8,200 


Evening school 


9,000 



Net appropriation 184,308 

*No part of these appropriations to be expended without prior ap- 
proval of the governor and council. 

N. H. vocational institute — Berlin: 
Personal services: 

Permanent $5,740 

Current expenses 2,000 

Travel: 

In state 1,000 



Total 8,740* 

*No part of these appropriations to be expended ^vithout prior ap- 
proval of the governor and council. 



N. H. vocational institute — Manchester: 
Personal services: 
Permanent 
Other 


$195,785 
9,840 


Total 
Current expenses 

Travel: 
In state 


$205,625 
52,420 

450 


Total 

Less estimated revenue: 
Tuition 

Text books and supplies 


$258,495 

75,000 
15,500 





Chapter 239 




Cafeteria 




11,500 


Evening school 




9,840 



1965] 



Net appropriation 
N. H. vocational institute — Portsmouth: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 
In state 

Total 

Less estimated revenue: 

Tuition 

Text books and supplies 

Cafeteria 

Evening school 

Federal funds 

Net appropriation 
N. H. vocational institute loan fund: 
Loans to students 
Scholarships — "vvorld war orphans 

(as provided by RSA 193) 
Board of nursing education and nurse registration: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 
Travel: 

In state 
Other expenditures: 

Oasi and retirement 

Total 

Less estimated revenue and balance 

Net appropriation 

Total for board of education 



361 



$144,765 
11,062 

$155,827 
34,987 

1,270 

$192,084 

49,200 
5,500 
8,500 
4,200 

15,448 



$23,520 
600 

$24,120 
4,400 

400 

1,600 

$30,520 
30,520 



146,655 



109,236 
5,000 
2,700 



$6,417,538 



362 Chapter 239 [1965 

Less estimated revenue: 

Literary fund 6,000 

$5.00 school tax 700 



Net appropriationf $6,410,838 



fOther provisions of law notwithstanding, the balance at June 30, 
1965 in the Building projects account shall lapse on July 1, 1965 to un- 
appropriated surplus of the general fund. 

For coordinating board of advanced education and accreditation: 
Salary of executive secretary 5,000 

Other personal services: 

Other 3,167 



Total 8,167 

Current expenses 750 
Travel: 

In state 900 

Out of state 100 

Equipment 80 



Total 9,997 

For board of probation: 

Salary of director $10,521 

Other personal services: 

Permanent 267,8951 

Other 2,731 



Total $281,147 

Current expenses 16,226 
Travel: 

In state 15,000 

Out of state 700 

Equipment 1,610 
Other expenditures: 

Expense and equipment for 

Carroll county office 2,000* 



Total for probation $316,683 

Less estimated revenue 6,613 



Net appropriation $310,070 



1965] Chapter 239 363 

fin this appropriation $6,066 is for the salary of a new position of 
probation officer, and $3,717 is for the salary of a new position of clerk 
stenographer II, both for Carroll county, which shall not be transferred or 
expended for any other purpose. 

*This appropriation shall not be transferred or expended for any 
other purpose. 

For aeronautics commission:* 
Administration: 

Salary of director $13,500 

Other personal services: 

Permanent 41,049 

Other 1,200 



Total $55,749 

Current expenses 4,300 
Travel: 

In state 3,000 

Out of state 2,000 

Equipment 4,000 



Total $69,049 



Airways toll fund: 
Other expenditures: 

Establishment and maintenance of air navigation 

facilities on the state airway system 8,000 

Aircraft operating fees: 

Other expenditures — as provided by 1961:261 8,000 



Total for aeronautics commission $85,049 



*Notwithstanding any other provision of law, the balances at June 
30, 1965 in the airway toll fund and the aircraft operating fees fund shall 
lapse to unappropriated surplus of the general fund. 

For bank commissioner: 
Administration : 

Salary of commissioner 15,000 

Salary of deputy commissioner 12,180 

Salary of assistant commissioner 10,500 
Other personal services: 

Permanent 190,740 

Other 2,620 

Total 231,040 



364 Chapter 239 [1965 

Current expenses 23,800 

Travel: 

In state 21,050 

Out of state 2,000 

Equipment 3,360 

Other expenditures: 

Oasi and retirement 13,640 



Total 294,890 

Less revenuef 279,890 



Net appropriation 15,000 

fThe bank commissioner shall collect in the manner indicated in 
section 4 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, 1966. 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 1967. 

Special fund — re small loan licenses and 
motor vehicle sales finance licenses:ff 

Salary of bank examiner II $7,400 

Salary of bank examiner I 6,200 

Other personal services: 

Permanent 4,722 



Total $18,322 

Current expenses 820 
Travel: 

In state 1,375 

Out of state 450 
Other expenditures: 

Oasi and retirement 1,250 



Total $22,217 

Less revenue $22,217 



Net appropriation 

•ffNotwithstanding any law to the contrary, expenditures from this 
fund shall be subject to budgetary limitations. 



Total for bank commissioner** $15,000ff 



1965] Chapter 239 365 

**Other provisions of law notwithstanding the following grades shall 
be established: 

Bank Examiner I — Grade 18 

Bank Examiner II — Grade 24 

Bank Examiner III — Grade 29 

ffNone of the general funds of the state shall be expended for any 
of this appropriation except for the payment of the salary of the com- 
missioner. 

Note: Other provisions of law notwithstanding, the balance at June 
30, 1965 in the small loan and motor vehicle finance and branch banking 
accounts shall lapse on July 1, 1965 to unappropriated surplus of the 
general fund. 

For liquor commission: 
Administration: 

Salaries of three commissioners $33,000 

Other personal services: 

Permanent 288,298 

Other 7,137 



Total $328,435 

Current expenses 53,870 

Travel: 

In state 28,850 

Out of state 2,700 

Equipment 3,390 

Other expenditures: 

Oasi and retirement 19,500 

Special investigative work 500 



Total $437,245 

Stores operation:;;}; 
Personal services: 

Permanent++ 1,173,792 

Other 175,000 



Total 1,348,792 

Current expenses 363,750 
Travel: 

In state 9,875 

Equipment 25,500 
Other expenditures: 

Oasi and retirement 75,472 

Total 1,823,389 



366 Chapter 239 [1965 

Less revenue from 

S'^veepstakes commission 246,600 



Net appropriation 1,576,789 

;|:Two stores in do^vntown Nashua shall be continued in addition to 
the ncAv store being constructed. 

;|;;|;This appropriation contains funds for a ne^v permanent Retail 
Store Clerk for the Whitefield store. 

\\\arehouse: 

Personal services:* 

Permanent $123,339 

Other 11,000 



Total $134,339 

Current expenses 17,835 
Other expenditures: 

Oasi and retirement 9,961 



Total 162,135 



*Three ^varehouse watchman positions shall be abolished when 
liquor stock is moved from the old warehouse. 

Total for liquor commission $2,176,169 



Note: The liquor commission shall, after moving to their new ware- 
house, transfer control of the old liquor warehouse to the division of 
purchase and property. The director of purchase and property shall oper- 
ate said ^varehouse on a self-supporting basis by the rental of space to 
other state agencies at a rental rate to be set by said director Avith the 
approval of the governor and council. 

For public utilities commission :-f- 
Office of the commission: 

Salaries of three commissioners $36,628 

Other personal services: 

Permanent 129,098 

Other 1,475 



Total $167,201 

Current expenses 19,850 
Travel: 

In state 5,360 

Out of state 2,500 

Equipment 1,080 



1965] Chapter 239 367 

Other expenditures: 

Oasi and retirement 8,017 



Total for public utilities commission $204,008 

fNotwithstanding any other provision 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 
include all fiscal year expenditures, except the salaries of the commis- 
sioners, of the public utilities commission. Other provisions of law not- 
withstanding, the balance at July 1, 1965 in restricted revenue accounts 
shall lapse to the unappropriated surplus of the general fund. 
For racing commission: 
Thoroughbred racing: 

Salaries of three commissioners $9,000 

Other personal services: 

Permanent 26,533 

Other* 30,475 



Total $66,008 

Current expenses 4,660 
Travel: 

In state 3,000 

Out of state 2,000 

Equipment 500 



Total $76,168 

Less reimbursement 5,674 



Net appropriation $70,494 

Harness racing: 
Personal services: 

Permanent $12,880 

Other* 105,751 



Total $118,631 

Current expenses 3,750 
Travel: 

In state 11,334 

Out of state 400 

Equipment 2,119 



Total $136,234 

Less reimbursement 12,424 



368 Chapter 239 [1965 

Net appropriation 123,810 

Total for racinsf commission $194,304 



*Such portion of this amount as constitutes tlie 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 s^veepstakes commission: 

Salaries of three commissioners $7,476 

Salary of executive director 20,769 
Other personal services: 

Permanent 98,022 

Other 57,000 



Total $183,267 

Current expenses 78,000 

Travel: 

In state 33,000 

Out of state 1,000 

Equipment 18,900 

Other expenditures: 

Oasi, retirement and insurance 10,975 

Purse awarded horses 200,000 

Net track expense 46,000 

Liquor contractf 246,600 



Total $817,742 

Less transfers from revenue accountff 817,742 



Net appropriation 



-f-This appropriation shall not be transferred or expended for any 
other purpose. The liquor commission shall be reimbursed monthly for 
services rendered, at the rate of 4% of the income received from sale of 
SAveepstakes tickets in liquor stores. 

-f-fTransfers shall be made from the revenue account of the sweep- 
stakes commission to cover actual expenditures from appropriated funds. 

In addition to the above appropriations, the sweepstakes commission 
is authorized to manifest such sums as are necessary to provide for the 
10% federal tax, the purchase of federal wagering stamps, and such 
amounts as they shall determine for sweepstakes prizes. Such additional 



1965] Chapter 239 369 

appropriations shall be a charge against revenue from the sale of sweep- 
stakes tickets. 

Subsidiary records shall be maintained by the sweepstakes commis- 
sion which shall reflect proceeds and expenditures applicable to each 
sweepstakes race. The resulting net balance remaining from each race 
shall be paid out to the school districts of the state as provided by RSA 
284:21-j (supp), as amended. 

For tax commission: 
Office of commissioner: 

Salaries of two commissioners 24,180 

Salary of secretary 15,241 

Other personal services: 

Permanent 175,637 

Other 31,071 



Total 246,129 

Current expenses 15,000 
Travel: 

In state 25,000 

Out of state 2,000 

Equipment 15,025 



Total 303,154 

Municipal accounting: 
Personal services: 

Permanent $90,166 

Other 950 



Total $91,116 

Current expenses 2,000 
Travel: 

In state 6,600 

Out of state 500 

Equipment 1,525 



Total 101,741 

Intangible tax: 

Personal services: . • 

Permanent $30,639 

Other 400 



Total $31,039 

Current expense 3,100 



370 



Chapter 239 



[1965 



Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Oasi and retirement 

Blue cross and insurance 

Total 

Inheritance tax: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 

Travel: 

In state 

Out of state 
Equipment 

Total 

Tobacco products tax: 
Personal services: 
Permanent 
Other 

Total 
Current expenses 

Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Purchase of tax stamps 

Total 



600 
150 
700 

2,019 
204 



$23,535 
7,500 

$31,035 
1,950 

100 
20 

230 



40,734 
400 

41,134 
2,525 

3,800 

900 

2,000 

48,000t 



37,812 



33,335 



98,359 



fThe funds in this appropriation shall not be transferred or ex- 
pended for any other purpose, shall not lapse and shall be available for 
expenditure for the biennium ending June 30, 1967. 

Reimbursements to cities and towns for flood 

control purposes, as provided under RSA 122t / 4,000 



1965] Chapter 239 371 

•fNo part of this appropriation shall be transferred to any other ap- 
propriation. If this appropriation shall be insufficient to fulfill the re- 
quirements of RSA 122:4 relative to reimbursements to cities and towns, 
the tax commission may use so much as may be necessary of the funds 
received from the commonweakh of Massachusetts under RSA 487-A:l 
(supplement) as reimbursement to the state of New Hampshire under 
article V of the Merrimack river valley flood control compact. 

Forest conservation aid for purposes provided 
under RSA 79 (supp): 

Forest conservation aid $54,000* 

Special aid for heavily timbered towns 20,500 



Total 74,500 

*The funds in this appropriation shall not lapse but shall be avail- 
able for expenditure in the following year. 

Appraisal school for selectmen and assessors 2,000 

Taxation of boats: 

Other personal services $3,000 

Other expenditures 3,000 



Total $6,000 

Less revenue and balance 6,000 



Net appropriation 



Total for tax commission $724,901 



For civil defense: 
Administration : 
Personal services: 

Permanent $69,372 

Current expenses 9,200 

Travel: 

In state 50 

Out of state 250 

Equipment 3,230 

Other expenditures: 

Gilford training center 1,500 

Radiological courses and training 

at federal schools 200 

Merit system 310 

Total $84,112 



372 Chapter 239 [1965 

Field staff: 
Travel: 

In state $3,500 

Out of state 500 



Total 4,000 



Total for civil defense* $88, 11 2 

Less federal reimbursement* 38,859 

Less estimated revenue 900 



Net appropriation $48,353 



*This amount available for expenditure only if federal grants are 
available. Any funds in excess of the estimated federal grants shall be 
available for such further expenditure 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 the civil defense director and 
approved by the governor and council, including any permanent personal 
services formerly covered by federal funds. 

For civil air patrol — current expenses $10,500 



For employees' retirement system 
Personal services: 



Permanent 




$25,769 


Other 




5,434 


Total 


$31,203 


Current expenses 




1,982 


Travel: 






In state 




473 


Equipment 




429 


Other expenditures: 






Normal contributions for general 


employees 


365,915 


Hospitalization 




95,000 


Group life insurance 




40,000 


Total 


$535,002 


Less estimated revenue 




36,000 


Net appropriation 


$499,002 



1965] Chapter 239 373 

For firemen's retirement system: 
Personal services: 

Other $3,300 

Current expenses 220 



Travel: 






In state 


400 




Other expenditures: 






Contributions to retirement fund: 






Permanent firemen* 


104,080 




Call firemen* 


8,000 




Total 




$116,000 



*This appropriation shall not be transferred or expended for any 
other purpose. 

Note: Other provisions of law notwithstanding the annual contribu- 
tion by call firemen shall be $6.00 per year for the period from July 1, 
1965tojmie30, 1966. 

For policemen's retirement system: 
Personal services: 



Other 


4,500 


Current expenses 


240 


Travel: 




In state 


225 


Out of state 


25 


Other expenditures: 




Contributions to retirement fund 


255,010 



Total $260,000 



For teachers' retirement system: 
Personal services: 

Permanent $26,117 

Other 4,750 



Total $30,867 

Current expenses 2,000 

Travel: 

In state 125 

Out of state 350 

Equipment 420 



374 Chapter 239 [1965 

Other expenditures: 

Normal contribution 547,553 



Total 


of department of 


public 


works and hi 


$581,315 


3r public Avorks division 


ghways: 


Personal services: 












Permanent 








$103,384 




Current expenses 








20,537 




Travel: 












In state 








5,700 




Out of state 








85 




Equipment 








1,950 




Other expenditures: 












Consultants — temporary. 


part time 




30,000 




Administrative costs to dep; 


artment 








of pviblic works and hi^ 


jhways 




5,000 




Master plans 








6,000 




Total 


$172,656 




Less estimated credits 






2,000 





Net appropriation 170,656 



For fish and game department: 
Commission: 

Current expenses $25 

Travel: 

In state 700 



Total $725 

Administration: 

Salary of director $13,740 

Other personal services: 

Permanent 61,378 

Other 1,375 



Total $76,493 

Current expenses 29,000 
Travel: 

In state 500 

Out of state 300 

Equipment 200 



1965] 



Chapter 239 375 



Other expenditures: 

Employees retirement 36,500 

Oasi 31,500 

Life insurance and blue cross 5,000 



282,850 
7,500 


290,350 
30,000 


61,350 

500 

7,100 


38,320 



Total $179,493 

Conservation officers: 
Personal services: 
Permanent;|: 
Other 

Total 
Current expensesf 
Travel: 

In state 

Out of state 
Equipment 
Other expenditures: 

Purchase 20 carsff 

Total $427,620 

:|:The following authorized permanent positions are abolished as of 
July 1, 1965: 

4 conservation officers 

2 conservation officer district chiefs 

fNo 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. 

ffThis appropriation for 20 state cars shall not be transferred or ex- 
pended for any other purpose. 

Damage: 

Personal services: 

Permanent $7,459 

Other 1,800 



Total $9,259 

Current expenses 4,450 
Travel: 

In state 400 

Equipment 200 
Other expenditures: 

Grants 4,000 

Total 18,309 



376 Chapter 239 [1965 

Education: 

Personal services: 

Permanent $25,301 

Other 500 

Current expenses 11,750 

Travel: 

In state 1.750 

Out of state 175 

Other expenditures: 

Showsf I'SOO 

Total 40,976 

f Not to be transferred or expended for any other purpose. 

Propagation of fish: 
Personal services: 

Permanentft $300,116 

Other 1,500 



Total $301,616 

Current expenses 94,000 
Travel: 

In state 7,000 

Out of state 150 
Equipment 13,875 
Other expenditures: 

U.N.H. contract 2,000 

Total 418,641 

ffThe following permanent positions are abolished as of July 1, 
1965: 

2 Laborers 

1 Fish Culturist I 

Propagation of game: 
Personal services: 

Permanent $21,368 

Other 875 



Total $22,243 

Current expenses 15,880 
Travel: 

In state 175 

Equipment 1,580 

Total 39,878 



65] Chapter 239 




Management and research: 




Personal services: 




Permanentff 


$155,689 


Other 


1,500 


Total 


$157,189 


Current expenses 


28,500 


Travel: 




In state 


5,775 


Out of state 


750 


Equipment 


10,900 


Other expenditures: 




U.N.H. contract 


4,500 



377 



Total 207,614 

ffThe following permanent positions are abolished as of July 1, 
1965: 

1 Biologist II 
1 Biologist I 

A new permanent position of Marine biologist is established effective 
July 1, 1965. 

Maintenance and construction: 
Personal services: 

Permanent! $71,805 

Other 7,000 



Total $78,805 

Current expenses 30,000 

Travel: 

In state 3,000 

Equipment 6,200 

Other expenditures: 

Dams and land acquisition 100 

Purchase Adams property 5,000 



Total 123,105 

fThe following authorized permanent positions are abolished as of 
July 1 ,1965: 

1 Civil engineer II 
1 Trades helper 



Total for fish and game department $1,456,361 



378 Chapter 239 [1965 

Less revenue and balance 1,456,361 



Net appropriation 



In addition to the above appropriations any excess over the esti- 
mated revenue and balance may be expended by the fish and game com- 
mission ^v'ith the prior approval of the governor and council. Appropria- 
tions for equipment shall not be transferred or expended for any other 
purpose. 

For lobster, clam and oyster enforcement if 

Transfer to fish and game department $17,865 

Less revenue and balance 17,865 



Net appropriation 



■[•Notwithstanding any other provision of law to the contrary, all reve- 
nue and fines received from licenses issued for the taking of lobsters, 
clams and oysters shall be kept in a special account. Any expenditure or 
transfer from said special account shall be subject to budgetary limita- 
tions. 

For public works and highways: 
Administration: 

Salary of commissioner 18,620 

Salary of deputy commissioner 16,800 

Salary of assistant commissioner 16,620 

Other personal services: 

Permanent 309,355 

Other 4,300 



Total 365,695 

Current expenses 107,785 
Travel: 

In state 500 

Out of state 3,500 

Equipment 3,900 

Total $481,380 

Engineering: 

Personal services: 

Permanent $3,387,370 

Other 882,065 



Total $4,269,435 



1965] Chapter 239 379 

Current expenses 179,306 

Travel: 

In state 225,924 

Out of state 4,000 

Equipment 19,176 

Total 4,697,841 

Materials and research: 
Personal services: 

Permanent $309,173 

Other 18,000 



Total $327,173 

Current expenses 32,940 
Travel: 

In state 44,510 

Out of state 500 

Equipment 2,500 



Total 407,623 

Mechanical: 

Personal services: 

Permanent $432,748 

Other 9,700 



Total $442,448 

Current expenses 781,462 
Travel: 

In state 3,680 

Out of state 320 

Equipment 416,835 



Total 1,644,745 

Planning and economics: 
Personal services: 

Permanent $286,414 

Other 20,315 



Total $306,729 

Current expenses 19,135 
Travel: 

In state 5,705 

Out of state 795 

Equipment 10,890 

Total 343,254 



380 Chapter 239 [1965 

Road maintenance: 
Personal services: 

Permanent $3,375,587 

Other 350,000 



Total $3,725,587 

Current expenses 5,300,000 
Travel: 

Instate 115,000 

Equipment 129,969 

Total 9,270,556 

Bridsfe maintenance: 
Personal services: 

Permanent $307,767 

Other 25,000 



Total $332,767 

Current expenses 190,000 
Travel: 

In state 50,000 

Equipment 15,000 

Total 587,767 

Traffic (highway marking and roadside development): 
Personal services: 

Permanent $289,091 

Other 26,135 



Total $315,226 

Current expenses 317,106 
Travel: 

In state 59,328 

Out of state 393 

Equipment 4,615 



Total 696,668 

Legislative specials: 

Retirement $300,000 

Oasi 317,000 

Maintenance class V highways 200,500 

Claims 750 

Roads to public waters 10,000 

Accidents and compensation 42,000 

Special retirement 2,064 



1965] Chapter 239 381 

Blue cross and insurance 50,000 

Attorney general — for legal services 61,123 
Safety department — for commissioner, 

division of motor vehicles, state 

police and safety services 2,282,705 

State treasury — for services 23,032 

Water resources — for stream flow gauging 10,000 



Total 3,299,174 

Debt service 4,081,100 

Land and buildings 462,066 

Construction and reconstruction: 
Matching fluids (federal aid): 

Interstate $13,108,000 

Primary 4,761,000 

Secondary 3,174,000 

Urban 992,000 



Total — matching fundsf 22,035,000 

f No transfers shall be made from this appropriation. 
State funds: 

Trunk line reconstruction $100,000 

State aid reconstruction 80,000 

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 

Damage 100,000 



Total 3,205,000 



Total for public works and highways $51,212,174 
Less estimated revenue and balance: 

Available from estimated lapses and balance $2,522,876 

Gasoline road toll (net) 17,151,700 

Motor vehicle fees gross 9,855,000 

Mechanical division (garage) 1,425,000 

Federal aid funds (net) 16,691,548 

Other revenue 316,050 

Funds from issuance of bonds 3,250,000 



Total 51,212,174 

Net appropriation 



382 Chapter 239 [1965 

For eastern New Hampshire turnpike: 

Blue Star memorial highway (Seabrook-Portsmouth toll road): 
Operating: 

Personal services: 

Permanent 110,684 

Other 23,830 



Total 134,514 

Current expenses 95,147 
Travel: 

In state 1,500 

Equipment 2,675 

Total 233,836 

Maintenance: 
Personal services: 



Permanent 


62,981 




Other 


4,550 




Total 


67,531 




Current expenses 


69,501 




Travel: 






In state 


1,200 




Equipment 


6,530 




Total 




144,762 


Debt service: 






Bonds maturing 


300,000 




Interest on bonds 


61,600 




Total 




361,600 


Total for bkie star memorial highway 


740,198 


Spaulding turnpike: 






Operating: 






Personal services: 






Permanent 


89,621 




Other 


13,656 




Total 


103,277 




Current expenses 


91,752 




Travel: 






In state 


1,500 





1965] 


Chapter 239 




383 


Equipment 




3,100 




Total 




199,629 


Maintenance: 








Personal services: 








Permanent 




64,625 




Other 




6,092 




Total 


70,717 




Current expenses 
Travel: 




63,644 




In state 




1,500 




Equipment 




6,870 




Total 




142,731 


Debt service: 








Bonds maturing 




340,000 




Interest on bonds 


ng turnpike 
Hampshire turnpike* 

e 


283,025 




Total 




623,025 


Total for spauldi 
Total for eastern New 
Less estimated revenui 


965,385 
1,705,583 
1,705,583 


Net total 






*Expenditures for fiscal 1966 shall not exceed actual revenue. 

Note: The commissioner of public works and highways, subject to 
prior approval by the governor and council, shall adjust toll charges on 
the eastern N. H. turnpike to cover debt service payments resulting from 
the $3,000,000 bond authorization for an eastern turnpike bridge as au- 
thorized by chapter 223, laws 1963. 

For central New Hampshire turnpike: 
Operating: 

Personal services: 

Permanent 120,040 

Other 18,459 



Total 138,499 

Current expenses 149,444 
Travel: 

In state 2,200 



384 Chapter 239 [1965 

Equipment 2,385 

Total 292,528 

Maintenance: 

Personal services: 

Permanent 127,734 

Other 6,000 



Total 133,734 

Current expenses 123,454 
Travel: 

In state 3,000 

Equipment 16,680 



Total 276,868 
Debt service: 

Bonds maturing 565,000 

Interest on bonds 353,550 



Total 918,550 



Total for central New Hampshire turnpike* 1,487,946 

Less estimated revenue 1,487,946 



Net appropriation 



*Expenditures for fiscal 1966 shall not exceed actual reventie. 
Total net appropriation for the fiscal year 

ending June 30, 1966 $44,0 1 8, 1 05 



239:2 Out of state travel. Notwithstanding any other provision of 
la^v, no transfers shall be made to or from any out of state travel appro- 
priation authorized by section 1. The state treasurer and the state comp- 
troller shall maintain separate appropriation accounts for out of state 
travel as appropriated in section 1. 

239:3 Equipment. The individual appropriations provided for 
equipment in section 1 hereof shall not be transferred or expended for 
any other purpose. 

239:4 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: 



1965] Chapter 239 385 

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 de- 
voted 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. 

239:5 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 three million two 
hundred fifty thousand dollars, and for that purpose may issue bonds 
or notes in the name and on behalf of the state. Such bonds shall be 
deemed a pledge of the faith and credit of the state. The interest and 
principal due on bonds or notes issued under this act shall be paid from 
motor vehicle road tolls as provided in RSA 265:6. Monies received from 
the bond issue are to be expended under the direction of the commis- 
sioner of public works and highways. 

239:6 Form; proceeds of sale. The governor and council shall de- 
termine the form of such bonds or notes, their rate of interest, the dates 
when interest shall be paid, the dates of maturity, the places where prin- 
cipal and interest shall be paid and the time or times of issue. Such bonds 
or notes shall be signed by the state treasurer and countersigned by the 
governor. The state treasurer may sell such bonds or notes under the 
direction of the governor and council. The governor is authorized to 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. 

239:7 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. 

239:8 Short term notes. Prior to the issuance of the bonds hereun- 
der, and in anticipation of the collection of revenue hereunder, the state 



386 Chapter 239 [1965 

treasurer, under the direction of the governor and council, may for the 
purpose hereof borro^v money from time to time on short term notes, to 
be refunded by the issuance of the bonds hereunder. Provided, however, 
that at no time shall the indebtedness of the state on such short-term notes 
exceed the sum of three million two hundred fifty thousand dollars. 

239:9 Continuing appropriation. The monies provided in section 5 
hereof shall be a continuing appropriation and shall not lapse. 

239:10 Maintenance prohibited. Amend RSA 99 by inserting after 
section 2 the following new section: 99:2-a Maintenance for classified 

employees. No classified employee shall receive any maintenance or pay- 
ment in lieu thereof from the state, provided however that if quarters are 
available at any state institution or on any state property the department 
head thereof may assign to a classified employee such quarters, furnished 
or unfurnished, including only any or all of the following utilities: heat, 
fuel, gas, electricity and water, and provided further that a department 
head of a state agency which serves prepared meals may permit any classi- 
fied employee to purchase such meals. Such employee shall reimburse 
the state for such quarters or meals at a rate to be determined by the per- 
sonnel commission. 

239:11 Personnel commission required to consider requirement of 
on premise living. Amend RSA 98:8 as amended by 1957, 274:3 by in- 
serting after paragraph VII the foUo^ving new paragraph: VIII The 
personnel commission is hereby authorized and instructed to take into 
consideration in classifying positions in the classified service the require- 
ment that as a condition of employment the employee must live on the 
premises at the place of employment. 

239:12 Persoruiel commission to review. The personnel commis- 
sion is hereby directed to immediately review the classification of all 
employees in positions in the classified service who prior to the effective 
date of this act were receiving maintenance of any sort and to reclassify 
such employees if necessary so that none shall suffer a monetary loss be- 
cause of the prohibition against receiving maintenance as provided by 
section 10 of this act. 

239:13 Disposition of moneys. Amend RSA 6:11 by striking out in 
line five the words "the same" and inserting in place thereof the follo^ving, 
the full amount of all said moneys intact; further amend said section by 
striking out in line six the word "monthly" and inserting in place thereof 
the word, weekly, so that said section as amended shall read as follows: 
6:11 Payments to treasurer. All state departments and institutions, ex- 
cept the New Hampshire College of Agriculture and the Mechanic Arts 
and the University of New Hampshire, and the building projects revolv- 
ing fund of the state board of education, receiving money for the state 
from sources outside of the state treasury, shall pay the full amount of 



1965] 



Chapter 239 387 



all said moneys intact into the state treasury weekly, or as much oftener 
as the governor and council shall direct, with a full and detailed state- 
ment thereof, including the date of and the source from which the same 
was received and the consideration therefor. Such accounts shall be stated 
by properly classified totals in all reports. 

239:14 Application of moneys. Amend RSA 6:12 by inserting in 
line three after the word "exceptions" the following, moneys received by 
the state sweepstakes commission which shall be credited to the sweep- 
stakes special fund, so that said section as amended shall read as follows: 
6:12 Application of receipts. Moneys received by the state treasurer, as 
provided in the preceding section, shall be available for general revenue 
of the state with the following exceptions: Moneys received by the state 
sweepstakes commission which shall be credited to the sweepstakes special 
fund; moneys received by the fish and game department, which shall be 
credited to the fish and game fund; fees and fines from the motor vehicle 
department, which, after deducting the amount allowed by the legisla- 
ture for maintaining said department and one hundred and fifty thousand 
dollars annually for maintaining in part the department of state police, 
shall be credited to the highway department for maintenance of high- 
ways; fines and costs from the department of state police which shall be 
credited to the highway department for maintenance of highways; reve- 
nues from fees, rentals and the sale of products from lands under the 
jurisdiction of the forestry and recreation commission which shall be 
credited as provided for in RSA chapter 219; moneys received by the 
division of milk control in the department of agriculture, which shall be 
credited to the milk control fund; all moneys, fees and fines and sales in- 
cluded within the weights and measures fund established by RSA 359:22, 
and the fees collected by the public utilities commission of railroads and 
public utilities for money paid out by the commission to experts and as- 
sistants not in its regular employ, which fees shall be appropriated to 
reimburse the state for money so paid out. The full amount allowed for 
the maintenance of each institution and department shall be appropri- 
ated by each legislature for the biennial period next following, and the 
money derived from the sale of farm and minor industrial products of 
institutions shall be credited to the appropriation for the institution from 
which derived. 

239:15 Disposition of sweepstakes moneys. Amend RSA 284:2 1-j 
(supp) as inserted by 1963, 52:1 by striking out said section and inserting 
in place thereof the following: 284:21-j Establishment. The state treas- 
urer shall credit all moneys received from the sweepstakes commission, 
and interest received on such moneys, to a special fund from which he 
shall pay all expenses of the commission incident to the administration 
of this subdivision and shall pay out on December 15 of each year to the 
school districts of the state on a flat grant per resident pupil basis any 



388 Chapter 239 [1965 

balance in said special fund. 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. 

239:16 Travel and expenses on legislative business. Amend RSA 
14-A by inserting after section 2 (supp) as inserted by 1965, 32:1 the fol- 
lowing new section: 14-A:3 Travel and expenses when on legislative 
business. A member of the general court when engaged in official busi- 
ness on behalf of or in his official capacity as a member of the legislature 
and whether or not the legislature is then in session, shall be reimbursed 
for all travel and all expenses incident to such business at the same rates 
as ^TOuld be allowed a state employee having his headquarters in the city 
or to^\n of the residence of such member, provided that such travel be 
authorized by the president of the senate, with the approval of the chair- 
man of the senate finance committee, or by the speaker of the house with 
the approval of the chairman of the house appropriations committee, 
and provided further that he shall not be reimbursed for any travel or ex- 
penses other than his statutory mileage for such business at Concord on a 
day when there is a meeting of the general court. 

239:17 Expenses of the general court. Amend RSA 14 by inserting 
after section 27:a (supp) as inserted by 1963, 73:1 the following new sec- 
tion: 14:27-b Expenses of the general court during interim. During the 
period ^vhen the legislature is not in session no expenditure shall be 
charged against the appropriation for the expenses of the legislature, ex- 
clusive of the appropriations included therein for the office of the legis- 
lative budget assistant to the appropriations and finance committees, 
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 committee, or with- 
out the approvals of the speaker of the house and the chairman of the 
house appropriations committee. In the event of a vacancy 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. 
Authority is also granted hereby to the president of the senate with the 
approval of the chairman of the senate finance committee, or the speaker 
of the house with the approval of the chairman of the house appropria- 
tions committee to purchase supplies and to cause payment of expenses 
incidental to the operation and business of the legislature while the legis- 
lature is in recess, such purchasing or payments shall be a charge upon 
the legislative appropriation, except such expenses as are otherwise spe- 
cifically by law provided for. 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 chair- 
man of the house appropriations committee respectively shall have and 
exercise the authority conferred upon the president and the speaker by 
this section. 



1965] Chapter 239 389 

239:18 Purchases. Amend RSA 8:20 by striking out in lines four 
and five the words "secretary of state" and inserting in place thereof the 
words, director of legislative services, so that said section as amended shall 
read as follows: 8:20 Purchase of legislative supplies. Purchases of legis- 
lative supplies, including printing, shall be made only by the director of 
purchase and property on requisition by the clerk of one of the legisla- 
tive bodies or the director of legislative services. All supplies unused at 
the end of the session shall be delivered into the custody of the director 
of legislative services for future legislatures. 

239:19 Fiscal committee established. Amend RSA by inserting after 
14:30 the following new section: 14:30-a Committee. There is hereby 
established a fiscal committee of the general court. Said committee shall 
consist of eight members, five shall be members of the house appropria- 
tions committee, the chairman of which shall be one of said members and 
the other four shall be appointed by said chairman, three shall be mem- 
bers of the senate finance committee, the chairman of which shall be one 
of said members and the other two shall be appointed by said chairman. 
Said committee shall while the general court is in session and during the 
interim consult with, assist, advise, and supervise the work of the legisla- 
tive budget assistant, and may at its discretion investigate and consider 
any matter relative to the appropriations, expenditures, finances, reve- 
nues or any of the fiscal matters of the state. The members shall be paid 
the regular legislative mileage during the interim while engaged in their 
work as members of said committee. 

239:20 Oasi contributions. Appropriations for oasi contributions 
provided in section 1 shall not be transferred or expended for any other 
purpose. Additional funds required for oasi contributions above those 
appropriated in section 1 shall be a charge against unappropriated sur- 
plus of the applicable fund when required for general, highway or fish 
and game funds and against revenue for the various federal or special 
funds. 

239:21 State emjjloyees retirement contributions. Appropriations 
for state employees retirement contributions provided in section 1 shall 
not be transferred or expended for any other purpose. Additional funds 
required for state employees retirement contributions above those appro- 
priated in section 1 shall be a charge against unappropriated surplus of 
the applicable fund when required for general, highway or fish and game 
funds and against revenue for the various federal or special funds. 

239:22 Other provisions of law notwithstanding, additional funds, 
above those provided in section 1 hereof, required for salary increases for 
permanent classified employees, as provided in chapter 73, Laws of 1965, 
shall be a charge against the applicable salary adjustment fund when re- 
quired for general, highway or fish and game fund and against revenue 
for the various federal or special funds. 



390 Chapter 239 [1965 

239:23 Sweepstakes Commission Funds. Notwithstanding any pro- 
vision of laAv to the contrary, in order to allow the s^veepstakes commis- 
sion to efficiently handle its funds, the commission shall deposit all funds 
received by it in commercial banks throughout the state in not more than 
as many different accounts as there are outlets for the sale of tickets. The 
commission may maintain a balance of $20,000 in one of said accounts and 
$10,000 in all others. All funds in said accounts in excess of said balances 
shall be transferred ^veekly to a special s^veepstakes bank account in the 
Merchants National Bank of Manchester in which there shall be main- 
tained a minimum balance of $100,000, as soon as said amount is avail- 
able from current sales of tickets. All sums in excess of said minimum 
of $100,000 in said special account shall be remitted weekly to the state 
treasury for credit to the sweepstakes special fund. Provided however, 
that on or before December 15 of each year all minimum balances shall 
be paid into the state treasurer. 

239:24 Interim employment. In addition to any sum hereinabove 
appropriated for the office of the secretary of state there is hereby appro- 
priated $6,500 for the employment of Benjamin F. Greer, clerk of the 
senate during the period from July 1, 1965 to June 30, 1966 at the rate 
of $250 bi-weekly. The services of said Benjamin F. Greer shall be avail- 
able to interim legislative committees and to the secretary of state's de- 
partment. The sum hereby appropriated shall be a charge on the legis- 
lative appropriation. 

239:25 Stenographic Overtime. Employees of the secretary of state's 
office shall be reimbursed for overtime work performed on legislative 
matters for the 1965 session of the general court at the rate of three dollars 
and fifty cents per hour, payments of such overtime shall be a charge on 
the legislative appropriation. 

239:26 Room Assignment. Other provisions of la^v notwithstanding, 
all rooms on the third floor of the state house shall be assigned for use by 
the President of the Senate and the Speaker of the House. 

239:27 Rental or Purchase of Automatic Data Processing Equip- 
ment. All contracts for the purchase or rental of automatic data process- 
ing equipment in force on the effective date of this act and all contracts 
for such purchase or rental let prior to June 30, 1966 shall terminate and 
end on that date. Effective for the fiscal year ending June 30, 1967, the 
expenditure of funds for the procurement of all automatic data process- 
ing equipment shall be accomplished by competitive bid through the 
division of purchase and property. All state agencies contemplating the 
use of such equipment shall co-operate with the director of purchase and 
property and furnish such information as is necessary to establish ade- 
quate performance specifications. The director shall establish rules of 
procedure, and hire necessary consultant services for advice in drawing 



1965] Chapter 239 391 

specifications and recommending contract awards. The governor and 
council siiall approve all contracts for the procurement of automatic data 
processing equipment in accordance with the provisions of this section. 
The director of purchase and property is hereby directed to file with the 
office of the legislative budget assistant a copy of all records including 
but not being limited to requests for bids, performance specifications, 
rules, letters of advice and recommendations received by him pursuant 
to the provisions of this section. 

239:28 Capital Budget Study and Report. The president of the sen- 
ate and the speaker of the house are hereby authorized to each appoint 
one knowledgeable person having experience and background in finance 
and business and such two appointees are hereby autliorized and directed 
to make a continuing study during the interim of the manner in which 
the capital budget is carried out and executed and they shall prior to the 
convening of the 1967 session of the general court make a report of their 
findings and recommendations to said general court in order that it may 
make any provisions in any future capital budget so that the intentions 
of the general court shall be clearly expressed and carried out. Each such 
appointee shall be paid a per diem, at a rate to be set by the president 
and speaker, and his actual expenses while engaged in his duties pursuant 
to this section, both of which shall be a charge against the legislative ap- 
propriation. 

239:29 New positions. Notwithstanding any other provision of law, 
during the fiscal year ending June 30, 1966, no new position, or positions, 
whether classified or unclassified, shall be established except as herein- 
after provided, and if any position or positions are so established the per- 
son or persons employed in such position or positions shall be paid as 
hereinafter provided: (1) Upon a finding by the governor and council 
that a bona fide emergency exists they may establish a new position pro- 
vided, however, that the funds for the salary of the person or persons em- 
ployed to fill such new positions shall be transferred from the emergency 
fund (2) A new position or positions may be established under other ex- 
isting statutes provided that no less than fifty percent of the salary of the 
person or persons employed to fill such new position or positions is re- 
imbursable by federal or other special funds, and if such new position 
or positions are established the state's share of said salary shall be a charge 
against the salary adjustment fund. 

239:30 Increases to Temporary and Seasonal Personnel. While no 
additional monies were appropriated for salary increases to temporary and 
seasonal personnel, appointing authorities are authorized to give the 
same amounts of increases to such personnel as provided permanent classi- 
fied employees from within amounts available for other personal services, 
provided however, that such increases will not curtail departmental op- 
erations. 



392 Chapter 240 [1965 

239:31 Salai-y Adjustments. Upon request of the appointing author- 
ity, the governor and council is hereby authorized and empo^vered, not- 
^vithstanding any other provision of law to the contrary, upon a finding 
by them that it is in the best interests of the state and is necessary in order 
to recruit qualified personnel to increase the salaries of the following listed 
and identified positions, and all such increases granted shall be a charge 
against the salary adjustment fund: assistant superintendent New Hamp- 
shire Hospital, directors of clinical services, director of clinical and surgi- 
cal services, director of division of mental health, director of division of 
public health services, director of outpatient services, director of psy- 
chiatric education and research, senior psychiatrists, superintendent New 
Hampshire Hospital, and superintendent of state sanatorium; all classi- 
fied positions that, in the best interests of the state, require they be filled 
by a person certified or eligible to be certified by the American Board of 
Neurology and Psychiatry or by a diplomate or person eligible to be a 
diplomate of the American Psychological Association or by a person reg- 
istered and licensed or eligible to be registered and licensed to practice 
medicine in this state or by a person licensed or eligible for licensure to 
practice dentistry in this state. In the event the authority hereby granted 
is exercised to increase the salary for any such classified position in order 
to recruit personnel, the salary of all classified personnel in the same 
classification shall be increased pursuant to this section to the same 
amount. Notwithstanding any other provisions of law to the contrary, no 
classified employee of the state shall be paid a higher salary than the 
highest salary range provided for by RSA 99, as amended, except as pro- 
vided for by this section. 

239:32 Takes Effect. This act shall take effect July 1, 1965. 
[Approved July 1, 1965.] 
[Effective date July 1, 1965.] 



CHAPTER 240. 

AN ACT RELATING TO FEES FOR REGISTRATION OF MOTOR VEHICLES, MOTOR 
CYCLES, AGRICULTURAL VEHICLES AND INSPECTION STATIONS. 

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

240:1 Motor Cycle Registration. Amend paragraph I of RSA 262:1 
by striking out the words "five dollars" and inserting in their place the 
words, ten dollars, so that the paragraph is amended to read as follows: 

I. For every motor cycle, ten dollars. 

240:2 Motor Vehicles Registration. Amend paragraph III of RSA 
262:1 by striking out all after the words "vehicle and load" and inserting 
in its place the following: All such vehicles and load not exceeding thirty- 



1965] Chapter 240 393 

five hundred pounds, fifteen dollars; exceeding thirty-five hundred and 
not exceeding forty-two hundred pounds, twenty dollars; exceeding forty- 
two hundred and not exceeding five thousand pounds, twenty-five dollars; 
exceeding five thousand and not exceeding six thousand pounds, thirty 
dollars; exceeding six thousand and not exceeding eight thousand pounds, 
fifty cents per hundred pounds; exceeding eight thousand pounds, sixty 
cents per hundred pounds, so that the paragraph is amended to read as 
follows: III. For every motor vehicle of the pleasure-car type not used 
commercially, the following rates based on the gross weight of the vehicle 
and load: All such vehicles and load not exceeding thirty-five hundred 
pounds, fifteen dollars; exceeding thirty-five hundred and not exceeding 
forty-two hundred pounds, twenty dollars; exceeding forty-two hundred 
and not exceeding five thousand pounds, twenty-five dollars; exceeding 
five thousand and not exceeding six thousand pounds, thirty dollars; ex- 
ceeding six thousand and not exceeding eight thousand pounds, fifty 
cents per hundred pounds; exceeding eight thousand pounds, sixty cents 
per hundred pounds. 

240:3 Trailer Fees. Amend paragraph IV of RSA 262:1 by striking 
out the paragraph and inserting in its place the following: IV. For each 
motor vehicle, farm truck or tractor, including trailers and semi-trailers 
equipped with pneumatic tires, except motor cycles and motor cycle side- 
cars, and except as provided in paragraphs III and V, the following rates 
based on the gross weight of the vehicle and load: All vehicles and load, 
except trailers, not exceeding thirty-five hundred pounds, fifteen dollars; 
exceeding thirty-five hundred and not exceeding forty-two hundred 
pounds, t^venty dollars; exceeding forty-two hundred and not exceeding 
five thousand pounds, twenty-five dollars; exceeding five thousand and 
not exceeding six thousand pounds, thirty dollars; exceeding six thou- 
sand pounds and not exceeding eight thousand pounds, fifty cents per 
hundred pounds; exceeding eight thousand pounds, sixty cents per hun- 
dred pounds. For all trailers based on the gross weight of the trailer and 
load: not exceeding five hundred pounds, two dollars; exceeding five 
hundred and not exceeding one thousand pounds, four dollars; exceeding 
one thousand and not exceeding fifteen hundred pounds, five dollars; 
exceeding fifteen hundred and not exceeding three thousand pounds, ten 
dollars; exceeding three thousand and not exceeding forty-five hundred 
pounds, fifteen dollars; exceeding forty-five hundred and not exceeding 
six thousand pounds, twenty-five dollars; exceeding six thousand pounds 
and not exceeding eight thousand pounds, fifty cents per hundred pounds; 
exceeding eight thousand pounds, sixty cents per hundred pounds. For 
all vehicles including trailers equipped -^vith hard rubber tires the sum 
of twenty cents per hundred pounds shall be added to the above rates. 
For all vehicles including trailers equipped with iron, steel or other hard 
tires the sum of forty cents per hundred pounds shall be added to the 
above rates; provided that the minimum fee as provided herein shall be 



394 Chapter 240 [1965 

fifteen dollars for all passenger vehicles and trucks. Equipment mounted 
on trucks of Tvhich the equipment is an integral part of the unit shall be 
registered at one-third of the above rates. Cement mixers, saw rigs and 
air-compressors towed by motor vehicles shall pay a fee of five dollars ex- 
cept Tvhen to^v^ed exclusively within the limits of a single city or town, in 
"\vhich case no fees for registration shall be collected. In the registration 
of any tractor to be used in combination with a semi-trailer, the gross 
weight shall include the weight of such tractor, the weight of the heaviest 
semi-trailer to be used therewith, and the weight of the maximum load 
to be carried thereby, and separate registration certificates and plates shall 
be provided for the tractor and the semi-trailer. For the registration of 
each additional or extra semi-trailer the fee shall be twenty-five dollars. 

240:4 Operators. Amend paragraph I of RSA 262:11 by striking out 
the paragraph and inserting in its place the following: I. For each op- 
erator's original license and examination ten dollars, and for each com- 
mercial operator's original license and examination, ten dollars. From 
every ten dollar fee collected for each original operator's and each orig- 
inal commercial operator's license issued, five dollars shall be credited to 
the driver training fund established by 262: 1-a. For all subsequent re- 
ne^vals of operator's and commercial operator's licenses, five dollars. 

240:5 Motor Cycle Operators. Amend paragraph II of RSA 262:11 
by striking out said paragraph and inserting in its place the following: 
II. For each motor cycle operator's original license, ten dollars, and for 
all subsequent rene^vals, five dollars. 

240:6 Inspection Station Fee. Amend RSA 260:14 by adding at the 
end of the section the following sentence. The annual fee to be paid by 
the inspection station upon authorization as set forth herein shall be 
fifteen dollars, and shall not be refundable, so that the section is amended 
to read as follows: 260:14 Inspection Authorized. The director may 
require the inspection of any motor vehicle, trailer, or semi-trailer to de- 
termine whether it is safe and fit to be operated. Such inspection shall be 
made at such times and in such manner as the director may specify; pro- 
vided, ho^vever, that newly registered vehicles and vehicles the o'lvnership 
of which has been transferred may be operated for a period of ten days 
before inspection. The director may authorize properly qualified persons 
to make inspections, without expense to the state, at stations designated 
by him, and may at any time revoke such authorization or designation. 
The annual fee to be paid by the inspection station upon authorization 
as set forth herein shall be fifteen dollars, and shall not be refundable. 

240:7 Inspection Stickers. Amend RSA 260:15 by striking out the 
words "five cents" where they appear and inserting in their place the 
words ten cents, so that the section is amended to read as follo^vs: 260:15 
— Fee. The fee for inspection stickers shall be ten cents for each sticker 



1965] Chapter 241 395 

furnished an approved inspection station. All unused stickers returned by 
the approved inspection station to the division of motor vehicles shall be 
refundable at the rate of ten cents each. 

240:8 Effective Date. Sections 4, 5 and 7 of this act shall take effect 
September 1, 1965. All other sections of this act take effect April 1, 1966. 
[Approved July 2, 1965.] 
[Effective date: 

Sections 4, 5 and 7 effective September 1, 1965 

Remainder of Act effective April 1, 1966.] 



CHAPTER 241. 

AN ACT TO PROVIDE FOR REGULATION OF PASSENGER TRAMWAYS AND 

SKIING AREAS. 

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

241:1 Passenger Tramways. Amend RSA 225-A:2, as inserted by 
1957, 254:1 and amended by 1963, 53:1, by inserting the following new 
paragraph: 

VI. The phrase "skier" shall be deemed to include the following: 
(a) A person utilizing the ski area under control of the operator for the 
purpose of skiing ^s^hether or not he is utilizing a passenger tramway, (b) 
A person utilizing the passenger tramway ^vhether or not that person 
is a skier, including riders on a passenger tram^vay operating during the 
non-skiing season. 

241:2 New Sections. Amend RSA 225-A, as inserted by 1957, 254:1, 
by inserting the following new sections: 

225-A:24 Duties of the Operator. It shall be the duty of the operator 
to maintain the following signs and designations: 

I. Base Stations. 

A. Designations: A color code is hereby established in accordance 
with the following: 

(a) Green: In area's easiest trails and slopes. 

(b) Blue: In area's most difficult trails and slopes. 

(c) Yellow: In area's trails and slopes which fall between the green 
and blue designation. 

A trail board shall be maintained at a prominent location at each 
area listing that area's network of ski trails and slopes in accordance with 
the aforementioned color code and containing a key to the code in accord- 
ance with the above designations; said trail board shall further designate 



396 Chapter 241 [1965 

which ski trails and slopes are open and their condition. This paragraph 
shall become effective December 1, 1966. 

II. Trails or Slopes. 

A. If a particular trail or slope has been closed to the public by an 
operator, it shall be the duty of the operator to place a notice thereof at 
the top of the trail or slope involved; no person shall ski on a slope or 
trail which has been designated "Closed." 

B. In the event that maintenance men or equipment are being em- 
ployed upon any trail or slope during the hours at which said trail or 
slope is open to the public, it shall be the duty of the operator to place 
a notice thereof at or near the top of the trail or slope involved. 

225-A:25 Duties of the Skier. It shall be the duty of each skier to 
conduct himself within the limitation of his individual ability, and to do 
no act or thing which can contribute to the injury of himself or others. 
No skier shall: 

I. Embark or disembark upon a passenger tramway except at a 
designated area. 

II. While riding in a two-car or multi-car passenger tramway, chair- 
lift or ski mobile or other similar device throw or expel therefrom any 
object, nor while riding on said tramway shall the skier do any act or 
thing which shall interfere with the running of said tramway. 

III. While going uphill in a passenger tramway AvilfuUy engage in 
any type of conduct which will contribiue to cause injury to any other 
person nor shall he wilfully place any object in the uphill ski track which 
will cause another to fall. The skier shall be the sole judge of his ability 
to negotiate any uphill track, and no action shall be maintainable against 
any operator by reason of the condition of said track, unless the board, 
upon appropriate evidence furnished to it, makes a finding that the con- 
dition of the track, at the time and place of an accident, did not meet 
the board's requirement. 

IV. It shall be the duty of each skier to maintain control of speed 
and course at all times. Except at locations approved by the board, no 
skier shall cross the uphill track of a J-bar, T-bar, rope tow or other sim- 
ilar device. The responsibility for collision by a downhill skier in such 
instance with any person or object shall be solely that of the do^vnhill 
skier. 

V. Any skier who boards a rope tow, J-bar, T-bar, platter-pull, chair- 
lift, or other similar device shall be presumed to have sufficient skiing 
abilities to negotiate the lift, and no liability shall attach to any operator 
or attendant for failure to instruct the skier on the use thereof. 

225-A:26 Limitations. I. Unless an operator is in violation of this 
chapter or the regulations of the board, which violation is causal of the 



1965] Chapter 242 397 

injury complained of, no action shall lie against any operator by any 
skier or representative thereof; this prohibition shall not, however, pre- 
vent the maintenance of an action against an operator for negligent con- 
struction or maintenance of the passenger tramway itself or any building 
within the area. The venue of any action by a skier against an operator 
shall be the county wherein the passenger tramway base station is located 
and not otherwise. Each operator shall maintain liability insurance with 
limits of not less than ten thousand dollars for each injury. 

11. No action shall be maintained against any operator for injuries 
to any skier unless the same is commenced within one year of the time 
of injury provided, however, that as a condition precedent thereof the 
operator shall be notified by registered or certified mail within sixty days 
of said injury as to the alleged violation of this chapter. The condition 
precedent shall not apply to any such action which shall have accrued 
prior to September 30, 1965. 

241:3 Repeal. RSA 508 :4-a is hereby repealed. 

241:4 Takes Effect. This act shall take effect sixty days after passage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 242. 

AN ACT TO SUSPEND THE LICENSE OF A MINOR POSSESSING OR DRINKING 
INTOXICATING LIQUOR OR BEVERAGES WHILE DRIVING A MOTOR VEHICLE. 

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

242:1 Motor Vehicle Operation by Minors. Amend RSA 262:40-a 
(supp) as inserted by 1959, 216:1 by striking out said section and inserting 
in place thereof the following: 262:40-a Transporting or Drinking Alco- 
holic Beverages. I. Any person under the age of twenty-one years oper- 
ating a motor vehicle upon the public highway, except when accompanied 
by parent or legal guardian, and having liquor or beverage in any form 
in containers, open or unopened, in any part of the vehicle, shall have 
his license suspended or his right to operate denied for three months by 
the director of the division of motor vehicles. The words "liquor" and 
"beverages" as used in this section shall have the same meaning as defined 
in RSA 175:1. 

II. Any person under the age of twenty-one years operating, or at- 
tempting to operate a motor vehicle upon the public highway Avho has 
consumed intoxicating liquor or beverage in any form or amount so that 
the amount of alcohol in said person's blood as defined in RSA 262-A:63 
at said time was five-hundredths percent or more shall have his license 



398 Chapter 243 [1965 

suspended or his right to operate denied for three months by the director 
of the division of motor vehicles. 

242:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 243. 

AN ACT RELATIVE TO WATER RESOURCES, FLOOD CONTROL, RECREATION, 

CONSERVATION, NAVIGATION AND THE CONSTRUCTION OF AN INLAND 

NAVIGABLE WATERWAY FROM ALTON BAY ON LAKE 

WINNIPESAUKEE TO GREAT BAY. 

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

243:1 Interim Committee Established. There shall be established 
an interim committee to study the development of water resources, flood 
control, recreation, conservation, navigation and the feasibility of con- 
structing an inland navigable waterway from Alton Bay on Lake Winni- 
pesaukee to Great Bay consisting of twenty-one members appointed as 
hereinafter provided. Three members shall be appointed by the president 
of the senate, five members shall be appointed by the speaker of the house 
of representatives, and thirteen members shall be appointed by the gov- 
ernor, one a person designated by the fish and game commission, one a 
person designated by the water resources board, one a person designated 
by the department of resources and economic development, one a person 
designated by the soil conservation service (federal), one a person desig- 
nated by the department of public works and highways, one a person 
designated by the water pollution commission and seven members from 
interested members of the public at large. The committee shall organize 
by electing one of its members as chairman. It shall be the duty of said 
committee to study, investigate and utilize such means as may be available 
to it to expedite the construction of aforementioned inland navigable 
waterway and related matters herein specified and said committee shall 
file a report of its activities not later than December 1, 1966, which report 
shall include recommendations for legislation designed to implement the 
construction of said waterway. 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. 

243:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



1965] Chapter 244 399 

CHAPTER 244. 

AN ACT PROVIDING FOR CERTAIN DEDUCTIONS FROM RETIREMENT BENEFITS 

FOR FIREMEN. 

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

244:1 Firemen's Retirement System. Amend RSA 102 by inserting 
after section 23 the following new section: 102:23-a Authorized Deduc- 
tions. Notwithstanding any other provisions of this chapter any member of 
the firemen's retirement system who makes application for benefits under 
this chapter and who was at the time a member of an insurance or hos- 
pitalization 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, fur- 
ther, that deductions from retirement benefits shall be made, if requested 
by retired firemen receiving such benefits who transfer an existing direct 
pay membership or subscribe as a new member for such plan, if per- 
mitted by regulations of such plan. 

244:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 245. 

AN ACT FOR THE ELECTION OF COUNTY COMMISSIONERS FOR THE COUNTY 
DISTRICTS OF CHESHIRE COUNTY. 

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

245:1 County Commissioners, Election in Cheshire County. Amend 
RSA 64:1 as amended by 1955, 266:1; 317:1; and 1961, 59:1; 240:1, by 
inserting after the word "Merrimack" the word, Cheshire, so that the sec- 
tion is amended to read as follows: 64:1 Election; Term. There shall be 
chosen at each biennial election by ballot, by the inhabitants of the sev- 
eral towns in each county qualified to vote for state senators, a sheriff, 
a county attorney, a county treasurer, a register of deeds, a register of 
probate and three comity commissioners, each of whom shall take office 
on January first next succeeding his election, and shall hold the same for 
two years, and until his successor is chosen and qualified, provided, how- 
ever, that in the counties of Grafton, Coos, Merrimack, Cheshire, and 
Hillsborough the inhabitants of the several towns in each of the commis- 



400 Chapter 245 [1965 

sioner districts, so qualified, shall choose at each election one commis- 
sioner for said district. 

245:2 Commissioner Districts, Cheshire County. Amend RSA 64 by 
inserting after section Id as added by 1961, 240:2, the following new 
section: 

64:1-6 Cheshire County Districts. The county of Cheshire is divided 
into three districts, as provided in RSA 64:11, paragraph V, for the pur- 
pose of choosing county commissioners, and each district is entitled to 
elect one commissioner. 

245:3 County Commissioners, Qualifications in Cheshire County. 

Amend RSA 64:2 as amended by 1955, 261:3; 317:3; and 1961, 59:3; 240:3, 
by inserting after the word "Merrimack" the word, Cheshire, so that the 
section is amended to read as follows: 64:2 Eligibility. No person is 
eligible to the office of sheriff, county attorney, county treasurer, register 
of deeds, register of probate, or county commissioner unless he is a resi- 
dent of the county for which he is chosen, and, in the case of the county 
commissioners of the counties of Grafton, Coos, Merrimack, Cheshire, 
and Hillsborough unless he is a resident also of the district for which 
he is chosen. No person shall hold two of said offices at the same time, 
and the acceptance of one of them shall be a resignation of the others. 

245:4 County Commissioners, Eligibility. Amend RSA 64:12 as 
amended by 1955, 317:4; and 1961, 59:4 and 240:4, by inserting after the 
word "Merrimack" the word, Cheshire, so that the section is amended to 
read as folloAvs: 64:12 Commissioners, Eligibility, Voting and Election. 

In the foregoing counties, no person shall be eligible to be a candidate 
for county commissioner except from the district in which he is a resi- 
dent. The inhabitants of said counties may vote for not more than one 
candidate from each district, except in the counties of Grafton, Coos, 
Merrimack, Cheshire, and Hillsborough where the inhabitants of each 
district therein may vote for not more than one candidate from said dis- 
trict. In all of said counties the candidate receiving the highest number 
of votes in any one district shall be declared elected county commissioner 
from that district. 

245:5 Eflfective Date. This act takes effect for the nomination 
and election of Cheshire county commissioners at the biennial election 
in 1966, but nothing in this act affects the term of office or the qualifica- 
tions of county commissioners in office at the time this act takes effect. 
[Approved July 2, 1965.] 
[Effective as specified.] 



1965] Chapter 246 401 

CHAPTER 246. 

AN ACT RELATIVE TO AUTHORIZING MATCHING FEDERAL PAYMENTS FOR THE 

FISCAL YEARS 1966 AND 1967. 

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

246:1 Manpower Development and Training Act. The department 
of employment security and the department of education are hereby au- 
thorized to participate in the Manpower Development and Training Act 
of 1962, as amended. 

246:2 Special Fund. There is hereby created in the state treasury 
a special fund to be known as the Manpower Development and Training 
Act Fund. All monies granted to the state by the United States of Ameri- 
ca under said federal act, and all state funds appropriated for this pur- 
pose, shall be deposited in this fund and shall be continuously, without 
lapse or transfer to any other fund, available to the commissioner of the 
department of employment security and the commissioner of the depart- 
ment of education for expenditure for the purposes authorized by the 
appropriate federal agencies. All monies granted to this state by the 
United States of America and deposited in this fund shall be accounted 
for separately but may be co-mingled with state funds deposited therein, 
and shall be subject to be replaced or returned to the United States of 
America under such terms as are provided under the Manpower Develop- 
ment and Training Act. The state treasurer is hereby designated as cus- 
todian of the fund and shall be liable on his official bond for the faithful 
performance of his duties in connection therewith. These funds shall be 
expended under the approval of the commissioner of the department of 
employment security and the commissioner of the department of educa- 
tion as hereinabove provided. 

246:3 Takes Effect. This act shall take effect July 1, 1965. 
[Approved July 2, 1965.] 
[Effective as of July 1, 1965.] 



CHAPTER 247. 

AN ACT RELATIVE TO STATE AID FOR CLASS V HIGHWAYS IN TOWNS. 

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

247:1 Town Road Aid. Amend RSA 241:11 as amended by 1955, 
311:3 and 1959, 244:1 by striking out the words "two hundred thousand" 
in the ninth and twelfth lines and inserting in place thereof the words, 
two hundred fifty thousand, so that said section as amended shall read 



402 Chapter 248 [1965 

as follo^vs: 241:11 Maintenance Allotment by State. In addition to any 
funds hereinbefore apportioned for construction and reconstruction pur- 
poses the commissioner, in the month of July in each year, shall allot to 
each to^m a sum sufficient, when added to the amount which ^vould be 
derived by a tax of eleven cents on each one hundred dollars of the town's 
last equalized valuation, to equal one hundred seventeen dollars for each 
mile of regularly maintained class V highway in such towns, except that 
for any year in which the total allocated to the towns under this formula 
shall be less than two hundred fifty thousand dollars, the commissioner 
shall use such other figure in place of the one hundred seventeen dollars 
for each mile of regularly maintained class V highway as may be necessary 
to make the total allotment not less than two hundred fifty thousand dol- 
lars. The sums so allotted shall be used for the care and maintenance of 
class V highways and for no other purposes, under the supervision of the 
commissioner, and shall be expended in accordance with specifications 
provided by the commissioner under the direction of a person or persons 
appointed by the selectmen of the town. 

247:2 Takes Effect. This act shall take effect as of July 1, 1966. 
[Approved July 2, 1965.] 
[Effective date July 1, 1966.] 



CHAPTER 248. 

AN ACT RELATIVE TO THE IMPROVEMENT OF THE NATURAL RESOURCES IN 
SEABROOK HARBOR, TIDAL LANDS AND WATERS. 

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

248:1 Federal Funds for Natural Resources of Seabrook Harbor. 

Amend RSA 211 by inserting after section 61-a as inserted by 1963, 320:2 
the folloTving new section: 211:61-b Cooperation with Federal Agencies. 
Notwithstanding any other provision of this chapter to the contrary, the 
director of the department of fish and game is hereby authorized to make 
application to the United States Department of the Interior for coopera- 
tion and assistance in the carrying out of projects authorized by the Con- 
gress of the United States under the provisions of the Commercial Fish- 
eries Research and Development Act of 1964, as amended. Such funds as 
may become available for the purposes of improving and developing the 
natural resources of Seabrook Harbor under the terms of the Commercial 
Fisheries Research and Development Act shall be in addition to those 
made available by RSA 211:61-a and may be used for purposes consistent 
with the regulations of the United States Department of the Interior. 



1965] Chapter 249 403 

248:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 249. 

AN ACT TO CLARIFY THE METHOD OF PROCEDURE OF CASTING ABSENTEE 
BALLOTS BY THE MODERATOR. 

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

249:1 Absentee Ballot Voting. Amend RSA 60:8 by striking out the 
section and inserting in its place the follo^ving: 60:8 Procedure by Mod- 
erator. I. Immediately after the closing of the polls and before the ballots 
cast have been removed from the ballot box, the moderator shall open 
the mailing envelopes addressed to the town or city clerk which were de- 
livered to the moderator under the preceding section. The moderator 
shall remove the inner envelopes containing the ballots of absentee voters 
and shall compare the signatures on the inner envelopes with the signa- 
tures on the application for the ballot. If (1) the name of the voter is on 
the check list, and (2) the affidavits on the envelope appear to be properly 
executed, and (3) the signatures on the affidavits appear to be executed 
by the same person who signed the application, and (4) the signatures 
appear to be the signatures of a duly qualified voter who has not voted 
at the election, the moderator shall publicly announce the name of the 
absentee voter. After announcing the name of the voter, the moderator 
shall open the envelope containing the ballot so that the affidavit on the 
envelope is not destroyed. The moderator shall then take the ballot out 
of the envelope without unfolding the ballot or Tvithout permitting the 
ballot to be opened or examined. The moderator shall then have a check 
mark placed against the name of the absentee voter on the voting list by 
writing on the voting list the letters "A.V." in red ink, and shall then de- 
posit the ballot in the ballot box. 

II. If the moderator finds that the affidavit on the envelope is im- 
properly executed, or that it is not signed by the person who signed the 
application attached to the envelope, or if the voter whose name appears 
on the envelope is not a qualified voter, or has voted in the election in 
person, the moderator shall not open the envelope. If the moderator finds 
that the voter is not entitled to vote he shall mark across the face of the 
envelope the reason the ballot is rejected, such as "rejected as not a 
voter", "voted in person", "affidavit improperly executed", "not signed 
by proper person", or whatever the reason is. The moderator shall save 
all the envelopes, opened or unopened and shall keep the envelopes with 



404 Chapter 250 [1965 

the ballots cast at the election. The envelopes shall be preserved and de- 
stroyed in the same manner as provided for the retention, preservation, 
and destruction of official ballots. 

249:2 EfiEective Date. This act takes effect sixty days after its passage. 
[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 250. 

AN ACT RELATIVE TO SOLICITATION OF FUNDS FOR RELIGIOUS, BENEVOLENT 
OR PHILANTHROPIC PURPOSES. 

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

250:1 Solicitation of Funds. Amend RSA 320:20 as amended by 
1961, 222:1 by striking out the entire section and inserting in place there- 
of the following: 320:20 Right to Solicit and Sell. The director of the 
division of welfare, upon application and after investigation, may au- 
thorize the temporary solicitation of money or other valuable thing and 
the temporary sale of articles for bona fide religious, benevolent, and 
philanthropic purposes, and shall issue certificates of such authority. Ex- 
cept as provided herein any such unauthorized sales or solicitations shall 
be prima facie fraudulent, and said director shall have authority to make 
public the facts and names concerning such unauthorized sales and solici- 
tations, and to institute prosecutions against offenders for obtaining 
money under false pretenses. Any person, group, or organization soliciting 
funds under the provisions of this section for religious, benevolent or 
philanthropic purposes shall be required to remit a minimum of eighty- 
five per cent of the total funds or other valuable thing collected to the 
purpose for which solicitation is conducted and render such accounting 
as may be required by the director of the division of welfare. 

250:2 Takes Effect. This act shall take effect sixty days after its pas- 
sao^e. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 251. 

AN ACT RELATIVE TO TAXATION OF THE PROPERTY OF THE MOUNT 
WASHINGTON COG RAILWAY. 

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

251:1 Exempted from Taxation as Utility. Amend RSA 82 by in- 
serting after section 37 the following new section: 82:38 Exemption of 



1965] Chapter 252 405 

Mount Washington Cog Railway. The property of the Mount Washing- 
ton Cog Railway shall be appraised and taxed pursuant to the provisions 
of RSA chapter 72, and shall not be subject to the provisions of this 
chapter. 

251:2 Takes Effect. This act shall take effect April 1, 1966. 
[Approved July 2, 1965.] 
[Effective date April 1, 1966.] 



CHAPTER 252. 

AN ACT RELATIVE TO THE RECOGNITION OF CERTAIN MARRIAGES 
PERFORMED OUT OF THE STATE. 

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

252:1 Marriages. Amend RSA 457:3 by striking out said section and 
inserting in place thereof the following: 457:3 Effect of Marriage. Every 
marriage contracted by parties within the degrees prohibited by the two 
preceding sections is incestuous and void, and the issue of such marriage 
illegitimate, provided, however, that any marriage legally contracted out- 
side of this state by persons not domiciled in this state and valid in the 
jurisdiction where contracted shall be recognized as valid in this state for 
all purposes if or once the said contracting parties are or become perma- 
nent residents of this state subsequent to such marriage and the issue of 
any such marriage shall be legitimate. 

252:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 253. 

AN ACT CHANGING THE DATE ON WHICH TAX COLLECTORS' DEEDS BECOME 

INCONTESTABLE. 

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

253:1 Date Specified. Amend RSA 80:39 as amended by 1965, 19:1 
by striking out the section and inserting in its place the following: 80:39 
Incontestability. No action, suit or other proceeding shall be brought to 
contest the validity of a tax sale or any collector's deed based thereon after 
ten years from the date of record of the collector's deed. This section shall 
apply to all collector's deeds recorded on or after July 1, 1956. 



406 Chapter 254 [1965 

253:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 254. 

AN ACT RAISING THE MAXIMUM AMOUNT OF GROUP LIFE INSURANCE AL- 
LOWED TO BE WRITTEN FOR TWO OR MORE EMPLOYERS IN THE 
SAME INDUSTRY OR TWO OR MORE LABOR UNIONS. 

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

254:1 Maximum Amount Increased. Amend subparagraph (d) of 
paragraph (4) of RSA 408:15 by inserting at the end thereof the follow- 
ing, or one hundred fifty percent of annual compensation, ^vhichever is 
greater, but in no case more than sixty thousand dollars, so that said sub- 
paragraph as amended shall read as follows: (d) The amounts of insur- 
ance under the policy must be based upon some plan precluding individu- 
al selection either by the insured persons or by the policyholder, em- 
ployers, or unions. No policy may be issued which provides insurance on 
any person which together with any other insurance under any group life 
insurance policy or policies issued to the employers or any of them, or to 
the trustees of a fund established in whole or in part by the employers 
or any of them, exceeds twenty thousand dollars, or one hundred fifty 
percent of annual compensation, whichever is greater, but in no case more 
than sixty thousand dollars. 

254:2 Takes Effect. This act takes effect sixty days after its passage. 
[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 255. 

AN ACT RELATIVE TO ADOPTION OF BUILDING CODES AND FIRE PREVENTION 

CODES BY CITIES. 

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

255:1 Building Codes and Fire Prevention Codes. Amend RSA 
47:22 (supp) as amended by 1963, 232:1, by striking out in lines thirteen 
through fifteen the words "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" and inserting in 
place thereof the words, codes, rules and regulations in the main office of 



1965] Chapter 256 407 

the municipal department or agency administering the same and three 
copies in the office of the city clerk, so that said section as amended shall 
read as follows: 47:22 Grant of Power. The board of mayor and alder- 
men, or the corresponding governmental body of any city, is hereby em- 
powered and authorized in the passing and adopting of ordinances, estab- 
lishing 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;- material, 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 incor- 
porated by reference, there shall be filed three copies of such codes, rules 
and regulations in the main office of the municipal department or agency 
administering the same and three copies in the office of the city clerk. All 
copies of any code, rules and regulations filed as provided herein, shall be 
for use and examination by the public. 

255;2 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 256. 

AN ACT RELATIVE TO DELINQUENT CHILDREN AND PROCEDURE IN 
JUVENILE COURT. 

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

256:1 Children. Amend section 1 of RSA 169, as amended by 1959, 
36:1 by striking out said section and inserting in place thereof the follow- 
ing: 169:1 Applicability of Chapter. This chapter shall apply to those 
delinquent children under the age of seventeen, and those delinquent 
children ^vith respect to whom a petition is filed hereunder after 
his seventeenth birthday but before his twenty-first birthday because 
of an act of delinquency committed before such seventeenth birthday. 
The chapter shall also apply to neglected children under the age of 
eighteen years. Jurisdiction acquired by the court or the commissioner of 
public welfare, under order of the court, over a neglected child shall cease 
when said neglected child arrives at the age of eighteen. The court's juris- 
diction over a delinquent child shall continue until said child arrives at 
the age of t^venty-one years unless he is previously discharged by the court, 
or jurisdiction over him is released to the superior court. 



408 Chapter 256 [1965 

256:2 Definition. Amend paragraph III of RSA 169:2 as amended 
by 1959, 36:2, by striking out said paragraph and inserting in place there- 
of the following: III. "Child or juvenile," any neglected boy or girl under 
the age of eighteen years and any delinquent child as hereinbefore de- 
fined whose act or acts of delinquency were committed while he or she 
was under the age of seventeen. 

256:3 Delinquents. Amend RSA 169:14 by striking out the section 
and inserting in its place the following: 169:14 Disposition of Delin- 
quents; Probation; Institution Care. When a child is found to be de- 
linquent, the court may commit the child to the industrial school or con- 
tinue the case with such orders as to care, custody, and probation as 
justice and the welfare of the child require. After the delinquent has 
passed the age of seventeen years, the court may, under its continuing 
jurisdiction, commit him either to the industrial school, house of correc- 
tion, jail, or state prison, for all or any part of the term of his minority. 
A summary of the probation officer's investigation shall accompany each 
commitment. All records pertaining to cases of delinquency shall be kept 
at all tim_es so that no one, except by court order, other than officers of 
the institution where the child is committed, duly accredited probation 
officers and others entrusted with the corrective treatment of said child, 
shall have access to the same. Any officer or employee of an institution 
who permits other than authorized persons to have access to such records, 
or any officer or employee or person entrusted with the use of the same 
for corrective purposes, or any one else, who publishes or broadcasts or 
permits the publication or broadcast of such records or parts of the same, 
except by court order, shall be in contempt of court. This prohibition 
shall not be construed to prevent publication as provided in this section 
or section 27 of this chapter. 

2^6:4 Delinquents. Amend RSA 169:21-a as inserted by 1963, 170:1 
by striking out the words "under the age of eighteen" and inserting in 
place thereof the words, under the age of seventeen, so that said section 
as amended shall read as follows: 169:21-a Petition by County Attorney. 
If facts are presented to the county attorney establishing that a person 
under the age of seventeen has been guilty of conduct which constitutes 
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 attorney 
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 su- 
perior court as herein provided and pending final disposition of the mat- 



1965] Chapter 256 409 

ter 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 
else^vhere 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. 

256:5 Restriction. Amend RSA 169:27 by striking out the section 
and inserting in its place the following: 169:27 Publication of Delin- 
quency Restricted. It shall be unlawful for any newspaper to publish, or 
any radio or television station to broadcast or make public the name or 
address or any other particular information serving to identify any ju- 
venile delinquent arrested, without the express permission of the court, 
and it shall be unlawful for any newspaper to publish, or any radio or 
television station to make public, any of the proceedings of any juvenile 
court. Nothing: in this section or section 14 as amended shall be construed 
to prevent publication without using the name of the delinquent of in- 
formation which shall be furnished by the court about the disposition of 
a case when the delinquent act would constitute a felony if it were the act 
of an adult. 

256:6 Penalty. Amend RSA 169:28 by striking out the section and 
inserting in its place the following: 169:28 Penalty for Forbidden Pub- 
lication. The publisher of any newspaper or the manager, owner or 
person in control of a radio or television station who may violate any pro- 
vision of section 27 shall be fined not less than twenty-five dollars or more 
than two hundred dollars. 

256:7 Industrial School. Amend RSA 621:11 (supp), as amended by 
1957, 71:1 and 1963, 213:1, by striking out the word "eighteen" in the 
second line and inserting in its place the word, seventeen, and by in- 
serting after the word "municipal" in the seventh and twelfth lines the 
words, or district, so the section is amended to read as follow^s: 

621:11 Minors Under Seventeen. Whenever a minor under the age 
of seventeen years shall be convicted of an offense punishable by impris- 
onment 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 pre- 
vent such sentence being suspended under the provisions of any other 
law. Pending final disposition of a case by a municipal or district 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 com- 
mitment and provided further, that where the minor has committed a 
felony, the municipal or district court may commit said minor to the 



410 Chapter 257 [1965 

custody of the probation officer or require that sureties be furnished for 
his appearance before the superior court, or in default thereof be com- 
mitted to the industrial school to await disposition of the case by said 
superior court. 

256:8 Change in Age. Amend RSA 621:12 by striking out the word 
"eiohteen" in the first line and inserting in its place the word, seventeen, 
so the section is amended to read as follows: 621:12 Delinquents, etc. 
Whenever a minor under the age of seventeen is committed to the indus- 
trial school under the provisions of chapter 169, RSA, it shall be for the 
term of his minority. 

256:9 Limitation. Amend RSA 621:16 by striking out the word 
"eighteen" in the first line and inserting in its place the word, seventeen, 
so the section is amended to read as follows: 621:16 Committals for De- 
tention. Minors under the age of seventeen committed to the school un- 
der the provisions of chapter 169, RSA, shall not be subject to the pro- 
visions hereof relative to release, trial placement, parole and discharge, 
though they shall be subject to the treatment hereinafter provided for 
incorrigibles until such time as their cases are disposed of by the court. 

256:10 Non-payment of Fines. Amend RSA 618:6 (supp), as amend- 
ed by 1968, 213:2, by striking out the word "eighteen" in the fifth line 
and inserting in place thereof the word, seventeen, so the section is 
amended to 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 cor- 
rection or jail of the county. This section shall not be construed as author- 
izing the confinement of any juvenile under the age of seventeen years 
in a house of correction or jail for the non-payment of a fine. 

256:11 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 257. 

AN ACT RELATIVE TO COMPLETION OF CERTAIN CAPITAL IMPROVEMENTS AT 

KEENE AND PLYMOUTH STATE COLLEGES AND EXTENDING 

THE APPROPRIATIONS THEREFOR. 

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

257:1 Declaration of Purpose. Notwithstanding the provisions of 
RSA 228:4, or any other provision of law, the existing responsibility for 
the completion of the capital improvement projects at Keene and Ply- 



1965] Chapter 257 411 

mouth state colleges authorized by sections 1 and 2, chapter 251, of the 
Laws of 1963, is hereby transferred from the department of public works 
and highways to the board of trustees of the university of New Hamp- 
shire. 

257:2 Transfer of Plans, Papers and Documents. The department 
of public works and liighways siiall deliver to the trustees of the univer- 
sity of New Hampshire all pertinent records in custody, including but 
not limited to deeds, contracts, agreements, plans and supporting docu- 
ments relative to Keene and Plymouth state colleges at a date and time 
mutually agreeable to the commissioner of public works and highways 
and to the board of trustees of the university of New Hampshire. All 
contracts and agreements heretofore executed by the department of pub- 
lic works and highways pursuant to such capital improvement projects 
at Keene and Plymouth state colleges shall continue in full force and 
effect and be binding on the part of the state of New Hampshire and 
shall be administered by said department of public works and highways. 

257:3 Expenditures. The board of trustees of the university of New 
Hampshire may expend any remaining portion of the sums appropriated 
for projects at Plymouth and Keene state colleges set forth in 1963, 251:1 
and 251:2 as may be necessary to complete the land purchases or con- 
struction authorized at such colleges by said sections, including the pur- 
chase and installation of furniture and equipment, built-in or moveable, 
and any necessary equipment which was not included in the original 
prime construction contracts, whether or not such items may have been 
specifically listed, and authority to expend such appropriated funds shall 
not lapse until December 31, 1967. The same general policy pertaining 
to contracts set forth in RSA 228:4 and applying to the department of 
public works and highways shall apply to the board of trustees of the 
university of New Hampshire in their assumption of the responsibility 
for the completion of the capital improvement projects herein provided. 
The department of public works and highways shall assume responsibility 
for costs of engineering and inspection of all construction contracts au- 
thorized by 1963, 251:1 and 251:2. 

257:4 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



412 Chapter 258 [1965 

CHAPTER 258. 

AN ACT TO REDUCE RESIDENCE REQUIREMENT TO VOTE FOR PRESIDENTIAL 

ELECTORS. 

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

258:1 Residence Qualification for Voting at Elections of President 
and Vice President. Amend RSA 65 by adding two new sections to the 
chapter as follows: 

65:l-a Qualification for Voting. Notwithstanding the residence re- 
quirements of RSA 54:8, a person who has moved from another state to 
this state or from one town or city within the state to another town or 
city Avithin the state, and who has been a resident of this state for thirty 
days preceding an election at which electors are to be chosen for the office 
of president and vice president of the United States, is entitled to vote in 
this state solely for such electors if the person is qualified to vote in this 
state, other than by reason of the residence requirements of RSA 54:8. 

65:l-b Voting Procedure. For the purpose of RSA 65:l-a the super- 
visors of the checklist shall prepare a separate checklist for voters quali- 
fied to vote under that section. The secretary of state shall prepare a sep- 
arate ballot for persons voting under that section which ballot shall be 
a different color from any other ballot used in that election. No special 
absentee ballots are authorized for persons who qualify to vote for presi- 
dential electors solely by reason of RSA 65:l-a. On the special ballot re- 
quired by that section the names of the voting districts are not required 
to be printed. The secretary of state shall furnish fifty special ballots for 
towns and wards of less than five thousand population and one hundred 
special ballots for towns and wards of over five thousand population. The 
secretary of state shall furnish additional ballots if the supervisors of the 
checklist request them. 

258:2 Effective Date. This act takes effect sixty days after its passage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 259. 

AN ACT CREATING AN OFFICE OF COMMUNITY RECREATION SERVICE. 

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

Whereas, the contribution of recreation to the health, education, 
economy, and general welfare of the people has become universally recog- 
nized and accepted; and 



1965] Chapter 259 413 

Whereas, experience gained by the New Hampshire Committee, 
National Recreation Association, through consultation and field services 
supported by the Spaulding-Potter Charitable Trust, has shown the im- 
mediate need for a state recreation commission; and 

Whereas, it is generally recognized that recreation opportunities 
within local communities are a determining factor for the site location by 
industry, and that industrial, commercial, and business leaders encourage 
employees to participate in leisure-time activities thereby creating a di- 
rect relationship with recreation to the economy of our state; and 

Whereas, the state of New Hampshire has undertaken a tourism pro- 
gram, which includes the promotion of more and better recreation oppor- 
tunities, to bring and keep the tourist dollar in New Hampshire; and 

Whereas, leading recreation authorities advocate educational and 
guidance programs resulting in greater benefits from the tax dollar by 
systematic consolidation and coordination of total recreation efforts on 
all levels; and 

Whereas, recreation is a legitimate continuing governmental respon- 
sibility directly associated with the public welfare; now therefore 

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

259:1 New Chapter. Amend RSA by inserting after chapter 12-A 
(supp) as inserted by 1961, 223 and amended by 1963, 181:3 and 291:1 the 
following new chapter: 

Chapter I2-B 

Community Recreation Service 

12-B:1 Purpose and Definition. The purpose of this chapter shall 
be to provide, upon request, to the municipalities and other political 
sub-divisions of the state and to non-governmental organizations, assist- 
ance in the development of wholesome and adequate recreation, and 
recreation, for the purpose of this chapter, is defined to mean those activi- 
ties and interests which provide a diversification of occupation and which 
aid in promoting worthy use of leisure time, pursuit of happiness, satis- 
faction, re-creative enjoyment, fullness of life, relaxation, instruction and 
education, physical and mental health, and cultural developments and 
experiences of a leisure-time nature. 

12-B:2 Director of Community Recreation. There is hereby estab- 
lished the position of director of community recreation in the department 
of resources and economic development. The commissioner of resources 
and economic development shall appoint a director of community rec- 
reation who shall meet the minimum qualifications necessary to be classi- 



414 Chapter 260 [1965 

fied as a professional recreator under the voluntary registration plan of 
the NeA\' Hampshire Recreation Society. This shall be a classified position 
-vvithin the state classification system. The director shall receive compensa- 
tion commensurate with salaries paid to comparable competitive posi- 
tions in the other New England states as determined by the department 
of personnel. 

12-B:3 Duties. It shall be the duty of the director of community 
recreation: I. To provide guidance to local communities, on request, in 
establishing, organizing, promoting, conducting, and financing recreation 
programs. 

II. To provide suggestions to local communities, on request, on 
facility development, in-service training of employees, utilization of local 
and state resource material and personnel. 

III. To co-operate with state and federal agencies, private member- 
ship groups, and with commercial recreational interests, in the promotion 
of recreational opportunities. 

IV. To make available suggestions whereby the various service and 
civic croups in the state can provide recreation services and donations to 
recreation projects on a sound and coordinated basis. 

V. To encourage local communities to provide for appropriate rec- 
reation for the ill and handicapped. 

VI. To provide suggestions whereby our senior citizens can live a 
meanino-ful life and utilize their skills and talents for the benefit of the 
community and themselves. 

VII. To study and appraise recreational needs of the state and to 
assemble and disseminate information relative to recreation. 

VIII. To aid in recruiting, training, and placing recreation ^s^orkers, 
and promote recreation institutes and conferences. 

IX. To establish and promote recreational standards. 

X. To submit an annual report of his activities. 

259:2 Takes Effect. This act shall take effect July 1, 1965. 
[Approved July 2, 1965.] 
[Effective as of July 1, 1965.] 



CHAPTER 260. 

AN ACT TO REGULATE THE FILING OF PLANS FOR LAND SUBDIVISIONS. 

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

260:1 Registers of Deeds. Amend RSA 478 by inserting after section 
13 the following new section: 478:13-a Recording of Plans. At the op- 



1965] Chapter 260 415 

tion of each county delegation, all plans submitted for recording in its 
registry of deeds shall be on suitable reproducible tracing material, other 
than paper, with a thickness of not less than .002 of one inch, with all 
marking on the material to be with India or other permanent ink. The 
size of all plans is limited to any of the following dimensions: 

a. 81/4'' X IP' 

b. IP'xlV" 

c. I7"x22" 

d. 22"x34" 

or such specifications and sizes of prints as may be required by the reg- 
ister of deeds in order to insure suitable, permanent records. 

260:2 Regulation of Subdivision of Land. Amend RSA 36:20 (supp) 
by striking out the words "of a subdivision of land showing a new street 
or widening or narrowing thereof or park" so that the section is amended 
to read as follows: 36:20 Recording of Plats. After the certificate or 
notice referred to in section 19 has been filed with the register of deeds 
of the county in which the municipality is located, no plat shall be filed 
or recorded in the offices of the said register of deeds until it has been ap- 
proved by the planning board, and such approval has been indorsed in 
writing on the plat in such manner as the planning board may designate. 
After such plat is approved and filed, subject, however, to review by 
court as hereinafter provided, the streets and parks shown on such plat 
shall be and become a part of the official map of the municipality. The 
filing or recording of a plat of a subdivision without the approval of the 
planning board as required hereby shall be void. 

260:3 Approval of Site Plan. Amend RSA 36 by inserting after sec- 
tion 19, (supp) as amended by 1963, 163:1, the following ne^v section: 
36:19-a Further Power of Planning Boards. A municipality, having 
adopted a zoning ordinance as provided in RSA 31:60-89, and where the 
planning board has adopted subdivision regulations as provided in sec- 
tions 19-24 hereof, may further empower the planning board to review, 
and approve or disapprove site plans for the development of tracts for 
non-residential uses whether or not such development includes a subdivi- 
sion or re-subdivision of the site. 

260:4 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



416 Chapter 261 [1965 

CHAPTER 261. 

AN ACT RELATIVE TO TOWN ROAD AID. 

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

261:1 Town Road Aid. Amend subsection (a) of RSA 241:2, as 
amended by 1955, 333:3 and 1957, 273:3 by striking out the words "one 
million one hundred thousand dollars" and inserting in place thereof 
the Asords, one million two hundred fifty thousand dollars, so that said 
subsection as amended shall read as follows: (a) Apportionment A. The 
commissioner shall apportion, on the basis of a sum of not less than one 
million two hundred fifty thousand dollars, to each city, town and unin- 
corporated place, an amount based on the proportion which the mileage 
of the regularly maintained Class IV and Class V highways in that city, 
town or unincorporated place as of January 1 of the previous year, bears 
to the total mileage of the regularly maintained Class IV and Class V 
highways in the state as of that date. Any city or town issuing bonds or 
long term notes to accelerate the improvement of its Class IV and Class 
V highways may apply any part of the funds herein apportioned, for a 
period not to exceed five years or with the approval of the commissioner 
for a period not to exceed ten years, to aid in the retirement of such bonds 
or notes. 

261:2 Takes Effect. This act shall take effect as of July 1, 1966. 
[Approved July 2, 1965.] 
[Effective date July 1, 1966.] 



CHAPTER 262. 

AN ACT INCREASING THE SALARIES OF THE COUNTY COMMISSIONERS AND 
TREASURER OF CARROLL COUNTY. 

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

262:1 Carroll County Commissioners. Amend RSA 28:28 (supp) as 
amended by 1955, 247:4, 269:1, 1957, 182:1, 246:1, 1961, 80:1, 157:1, 
210:1, 1963, 94:1, 329:2, 1965, 142:1 and 191:1 by striking out the words 
"In Carroll, twelve hundred dollars" and inserting in place thereof the 
words, In Carroll, eighteen hundred dollars, so that said section as amend- 
ed 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. 



1965] Chapter 263 417 

In Belknap, fifteen hundred dollars. 

In Carroll, eighteen hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, forty-five hundred dollars. 

In Cheshire, two thousand dollars. 

In Sullivan, eighteen hundred dollars. 

In Grafton, eighteen hundred dollars. 

In Coos, two thousand dollars. 

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

262:2 Carroll County Treasurer. Amend RSA 29:14 (supp) as 
amended by 1955, 172:2, 247:3, 1957, 149:1 and 1963, 8:1 by striking out 
the words "In Carroll, five hundred dollars" and inserting in place there- 
of the words. In Carroll, seven hundred fifty dollars, 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 fol- 
lows: 

In Rockingham, twelve hundred dollars. 

In Strafford, five hundred dollars. 

In Belknap, five hundred dollars. 

In Carroll, seven hundred fifty 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 nec- 
essary expenses upon order of the county commissioners. 

262:3 Takes Effect. This act shall take effect January 1, 1966 pro- 
vided however, that the increase in salary of the county commissioners of 
Coos county provided for by 1965, 142:1 shall take effect July 1, 1965. 
[Approved July 1, 1965.] 
[Effective as specified.] 



CHAPTER 263. 

AN ACT RELATIVE TO SALARY OF THE SHERIFF OF GRAFTON COUNTY. 

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

263:1 Grafton County Sheriff. Amend RSA 104:29, as amended by 
1955, 172:1, 247:1, 1957, 156:1, 309:4, 1961, 175:1, 1963, 129:1, 1965, 



418 Chapter 263 [1965 

162:1 and 190:1, by striking out the entire section and inserting in its 
place the follo-^ving: 104:29 I. Salaries of Sheriffs. The annual salaries 
of the sheriffs of the below named counties shall be as follows: 

(a) In Strafford, two thousand dollars. 

(b) In Belknap, fifteen hundred dollars, payable in twelve 
monthly installments. 

(c) In Carroll, twelve hundred dollars. 

(d) In Merrimack, two thousand dollars. 

(e) In Hillsborough, two thousand four hundred dollars. 

(f) In Coos, two thousand dollars. 

II. 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 mile- 
age 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. For the serv- 
ice of civil writs and other process which he may perform he shall collect 
the usual fees allowed for such services and mileage and shall pay over 
directly to the county treasurer all such fees and mileage charges at the 
end of each month. He shall in his annual report to the county commis- 
sioners report the number of civil writs and other process served and the 
total amounts collected in fees and mileage charges paid over to the treas- 
urer during the calendar year. 

III. In Sullivan the annual salary of the sheriff shall be eight thou- 
sand 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. For the service of civil wrrits 
and other process which he may perform he shall collect the usual fees 
allowed for such services and mileage and shall pay over directly to the 
county treasurer all such fees and mileage charges at the end of each 
month. He shall in his annual report to the county commissioners report 
the number of civil writs and other process served and the total amounts 
collected in fees and mileage charges paid over to the treasurer during 
the calendar year, 

IV. In Cheshire the annual salary of the sheriff shall be nine thou- 
sand five hundred dollars which shall be paid monthly. 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 estab- 
lished rates for mileage allowable to other sheriffs. He shall be allowed rea- 



1965] Chapter 264 419 

sonable expenses incurred during the performance of his duties and such 
expenses shall be subject to the approval of a justice of the superior court. 
For the service of civil writs and other process which he may perform 
he shall collect the usual fees allowed for such services and mileage and 
shall pay over directly to the county treasurer all such fees and mileage 
charges at the end of each month. He shall in his annual report to the 
county commissioners report the number of civil writs and other process 
served and the total amounts collected in fees and mileage charges paid 
over to the treasurer during the calendar year. 

V. In Grafton the annual salary of the sheriff shall be nine thou- 
sand five hundred dollars, payable in twelve monthly installments. 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. For the service of civil writs and other process which 
he may perform he shall collect the usual fees allowed for such services 
and mileage and shall pay over directly to the county treasurer all such 
fees and mileage charges at the end of each month. He shall in his annual 
report to the county commissioners report the number of civil writs and 
other process served and the total amounts collected in fees and mileage 
charges paid over to the treasurer during the calendar year. 

263:2 Takes Effect. This act shall take effect July 1, 1965, provided, 
however, that paragraph V of RSA 104:29 as inserted by section 1 of this 
act shall not take effect until January 1, 1966. 
[Approved July 2, 1965.] 
[Effective as specified.] 



CHAPTER 264. 

AN ACT RELATIVE TO THE EXEMPTION FROM TAX ON NEAT STOCK AND 

POULTRY. 

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

264:1 Condition of Receiving Exemption. Amend RSA 72:15 by 
inserting after paragraph X the following new paragraph: XL Condi- 
tion of Exemption. No exemption provided for by paragraph V or VII 
shall be granted to a person who is delinquent in the payment of any 
tax, assessed against him or his spouse by the state of New Hampshire 
or any political subdivision thereof. 



420 Chapter 265 [1965 

264:2 Takes Effect. This act shall take effect April 1, 1966. 
[Approved July 2, 1965.] 
[Effective date April 1, 1966.] 



CHAPTER 265. 

AN ACT PROVIDING ADDITIONAL RETIREMENT ALLOWANCES FOR CERTAIN 

RETIRED TEACHERS. 

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

265:1 Teachers' Retirement System. Amend RSA 192 by inserting 
after section 25, as inserted by 1965, 159:1 the following new section: 
192:26, 1966 Allowances. Any beneficiary who retired prior to July 1, 
1957 and Avho is in receipt of a retirement allov.^ance on January 1, 1966 
including any teacher retired under the teachers' retirement system as 
established by chapter 136, Revised Laws, shall beginning with the month 
of January 1966 and monthly thereafter but not beyond the month of 
December 1966 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 1964 bears to 
the corresponding index for the year in which the member retired; ex- 
cept that in the case of service beneficiaries, such increased retirement 
allowance shall be at least forty-four dollars for each year of creditable 
service at retirement not exceeding thirty years, and in the case of dis- 
ability beneficiaries, such increased retirement allowance shall be at least 
forty-two dollars for each year of creditable service at retirement not ex- 
ceeding thirty years. Provided, however, if any such beneficiary has filed 
an election in accordance with RSA 192:13, II his retirement allowance 
shall be increased for said period only in the proportion Avhich the Con- 
sumers Price Index issued by the United States Department of Labor, 
Bureau of Labor Statistics, for the month of November 1964 bears to the 
corresponding index for the year in which the member retired. In the 
event the retired member is receiving a reduced retirement allowance 
because of having elected an option, such increased retirement allowance 
shall be reduced in the same proportion as the retirement allowance prior 
to optional modification was reduced at retirement. If the beneficiary 
of a retired member who retired prior to July 1, 1957 and elected an op- 
tion providing for a survivor annuity is in receipt of such survivor an- 
nuity on January 1, 1966, such beneficiary shall be paid beginning with 
the month of January 1966 and monthly thereafter but not beyond the 
month of December 1966 an increased retirement allowance which shall 
be the same proportion of the increased retirement allowance the mem- 
ber would have been entitled to receive, if any, prior to any optional 
modification had he been living on January 1, 1966 as the survivor an- 



1965] Chapter 266 421 

nuity 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 mentioned provisions the difference between said increased 
retirement allowance and the retirement allowance said beneficiary is 
then receiving, as of December 31, 1965 shall be multiplied by two and 
the said sum shall be paid to said beneficiary, in twelve monthly install- 
ments during the period from January 1, 1966 to December 31, 1966. 
Nothing herein shall be construed as affecting the regular retirement 
allowance of any beneficiary. The payment of the additional retirement 
allowances payable hereunder shall be contingent on the payment by the 
state of the additional amounts required to meet the current disburse- 
ments of such additional retirement allowances. 

265:2 Appropriation. In order to provide funds for the payment of 
the supplemental allowances provided under RSA 192:26 as hereinbefore 
inserted, the sum of ninety thousand, nine hundred and sixty-four dollars 
is hereby appropriated for the fiscal year ending June 30, 1966 and the 
sum of ninety thousand, nine hundred and sixty-four dollars is hereby 
appropriated for the fiscal year ending June 30, 1967. 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, 
1966 to June 30, 1966, and the second sum herein mentioned shall be 
expended by said system for the payment of supplemental benefits for 
the period from July 1, 1966 to December 31, 1966. The governor is au- 
thorized to draw his warrant for the sums hereby appropriated out of any 
money in the treasury not otherwise appropriated. 

265:3 Takes Effect. This act shall take effect on January 1, 1966. 
[Approved July 2, 1965.] 
[Effective date January 1, 1966.] 



CHAPTER 266. 

AN ACT RELATIVE TO GUARANTEED LOANS TO STUDENTS FOR HIGHER 

EDUCATION. 

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

266:1 Student Loans. Amend RSA 186 by inserting after section 53 
the following new subdivision: 

Higher Education Loan Program 

186:54 Higher Education Loan Program. There shall be a higher 
education loan committee consisting of three members, one member shall 
be the student financial aid officer of the university of New Hampshire, 



422 Chapter 266 [1965 

^vho shall be the chairman, the other two members shall be appointed by 
the governor with the approval of the council, one shall be a like finan- 
cial aid officer from another institution of higher education and one shall 
represent the New Hampshire bankers' association. The committee shall 
operate out of the department of education which department shall fur- 
nish office space, equipment, and clerical assistance as required. The 
members of the committee shall serve without compensation. 

186:55 Authority and Duties. The committee shall assist qualified 
resident New Hampshire students to pursue schooling beyond the sec- 
ondary level. It shall certify to the state treasurer the total amount of the 
balance unpaid on loans guaranteed by the state pursuant to section 56 
of this subdivision as of June 30th of each year. It shall establish rules 
and regulations which it deems necessary to carry out the purpose of this 
subdivision. Such rules and regulations shall include the following: 

I. Loans shall be approved on the basis of established need. 

II. Loans shall not be approved in excess of one thousand dollars 
per student and shall be restricted to students admitted to the freshman 
year, provided that the committee may approve such loans to a student 
enrolled for a course of study beyond the freshman year in the event that 
it finds no other loans for scholarship funds available in sufficient quan- 
tities from any educational institution or privately financed plan to such 
student. 

III. Loans shall not be approved until the applicant has been ac- 
cepted for admission at an approved institution. 

IV. Completed and approved application forms shall be presented 
to a bank and, if acceptable, a note shall be executed at an interest rate 
not to exceed five per cent per annum on the unpaid balance. The face 
value of the note shall be paid to the applicant, 

186:56 Guarantee. The state shall guarantee that any notes properly 
executed pursuant to the provisions of this subdivision shall be repaid in 
full together with any accumulated interest thereon, provided, that a 
condition of such guarantee shall be that in the event of default the 
lender will exert its normal collection efforts with reference to delinquent 
loans until assigned to the state as hereinafter provided, and provided 
further that the total of such guarantees in any one fiscal year shall not 
exceed one million dollars. 

186:57 Default. The bank shall notify the committee when a note 
is in default for a ninety-day period and may demand reimbursement 
within a thirty-day period following notification of the default. Upon re- 
ceipt of notification that a note is in default, the committee after investi- 
gation and a finding that reimbursement is due under the provisions of 
this subdivision shall certify the same to the governor. The governor is 
authorized to draw his warrant for the balance due on any defaulted 



1965] Chapter 267 423 

notes so certified, together ^vith any accumulated interest thereon, out of 
any money in the treasury not otlierwise appropriated. Upon such reim- 
bursement the bank shall assign the note to the state, but such assignment 
may be without representation or warranty, express or implied, and with- 
out recourse. Assigned notes shall be delivered to the division of investi- 
gation of accounts in the department of administration and control for 
collection. 

186:58 Waiver for Minors. A person under twenty-one years of age 
shall not be disqualified by reason of his minority, but shall have the 
rights, powers, privileges and obligations of a person of full age with 
respect to executing instruments under this subdivision. 

266:2 Committee Report. The higher education loan committee 
established by this act shall prepare a report of its activities and deliver 
the same to the 1967 general court together with any recommendations 
it may have. 

266:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 2, 1965.] 
[Effective date August 31, 1965.] 



CHAPTER 267. 

AN ACT ESTABLISHING THE WATER POLLUTION COMMISSION AS AN 
INDEPENDENT AGENCY. 

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

267:1 Water Pollution Commission. The water pollution commis- 
sion established pursuant to RSA 149, as amended, together with all of 
its powers, duties, functions, personnel, records, and property, is hereby 
transferred from the department of health and welfare and is hereby con- 
stituted as an independent agency of the state government. 

267:2 Agency Established. Amend RSA 149:2 as amended by 1955, 
96:1, 1961, 222:1 and 223:3 by striking out paragraphs I and II and in- 
serting in place thereof the following new paragraphs: I. There is hereby 
created a commission to be known as the New Hampshire water pollution 
commission which shall consist of eleven members, as follows: one mem- 
ber to be appointed by the governor with the consent of the council for 
a term of six years, who shall be the chairman of said commission; a 
member representing the public who shall be appointed by the governor 
with the consent of the council for a term of six years, who shall be vice- 
chairman of said commission; the director, division of public health serv- 
ices; the director of the fish and game department; the director of the 



424 Chapter 267 [1965 

division of parks; the director of the planning and research office, the 
division of economic development; the chairman of the water resources 
board; one of the commissioners of the public utilities commission to be 
named by the governor with the consent of the council; three members- 
at-large, two of whom shall represent the industrial interests of the state 
and the other an employee of any municipal or privately-owned water 
works in the state. The members-at-large shall be appointed by the gov- 
ernor with the consent of the council, and each shall hold office for six 
years and until his successor shall be appointed and qualified. All ap- 
pointive members shall receive no compensation for their services but 
shall receive necessary traveling and other expenses while engaged in 
actual work of the commission. The other members of the commission 
shall receive no additional compensation for their services as members 
of this commission other than their regular salaries or per diem expenses 
from their respective state departments, but shall receive their necessary 
traveling and other expenses while engaged in actual work of the com- 
mission, which said expenses shall be paid from the appropriations of this 
commission. 

II. The commission shall appoint an executive director Avho shall 
hold office during good behavior. Said director shall be a graduate engi- 
neer licensed to practice sanitary engineering in the state of New Hamp- 
shire, shall have a minimum of ten years responsible experience in the 
administration of major sanitary engineering programs at state or inter- 
state levels and shall be a member or eligible for membership in the 
American Academy of Sanitary Engineers. The director may be removed 
by the commission only for cause and after being given a copy of the 
charges against him and an opportunity to be heard publicly on such 
charges. The executive director shall make inspections and investigations 
or arrange for the conduct of such by employees of the commission, and 
may request assistance from any other state agency as may be necessary 
to carry out the provisions of this chapter within the limits of the appro- 
priations made for this purpose. The said director shall, under the direc- 
tion of the commission, administer the provisions hereof. 

267:3 Terms of Office; Incumbent Appointive Members. Notwith- 
standing any other provisions hereof, the incumbent appointive members 
in office on the effective date of this act shall remain in office throughout 
the unexpired portion of their respective terms. 

267:4 Technical Secretary, Water Pollution Commission. The tech- 
nical secretary of the commission in office at the effective date of this act 
shall become the first executive director of the commission. Any funds 
provided in the appropriation acts for the year ending June 30, 1966, 
and the year ending June 30, 1967, relating to the salary of the dual posi- 
tion of director, bureau of sanitary engineering and technical secretary, 
water pollution commission, together with funds made available therefor 



1965] Chapter 267 425 

under other provisions of this act, are hereby deemed to be appropriated 
to meet the salary requirements for the executive director. 

267:5 Transfer of Bureau of Sanitary Engineering. All present 
powers, duties, functions, personnel, records and property of the bureau 
of sanitary engineering, division of public health services, department of 
health and welfare, are hereby transferred to the water pollution com- 
mission. Wherever reference is made in Title X of the Revised Statutes 
Annotated and in the statutes generally to the department of health and 
welfare, division of public health services, in the field of recreation camps, 
public water supply, public sewerage and sewage treatment works, sewage 
disposal, public swimming pools and bathing places, protection of sources 
of water and ice, auxiliary public water supply, testing of public and 
private water supplies, it shall henceforth be construed to mean the water 
pollution commission. 

267:6 Transfer of Funds. All funds provided in the appropriation 
acts for the year ending June 30, 1966, and the year ending June 30, 1967, 
relating to personnel services and facilities transferred to the water pollu- 
tion commission as provided for herein are hereby deemed to be appro- 
priated for the same purposes in the water pollution commission. 

267:7 Salaries. Amend RSA 94:1 as amended by 1955, 153:2, 321:1, 
323:4, 6, 335:8; 1957, 90:1, 223:2, 274:4, 7, 315:2; 1959, 199:4, 268:12; 
1961, 166:5, 221:4, 222:5, 223:4, 266:12; 1963, 39:2, 132:2, 209:2, 328:17, 
303:14, by inserting in the proper alphabetical place the following: 

Executive director. Minimum Maximum 

water pollution commission $15,000 $16,500 

267:8 Additional Duties of Commission. Amend RSA 149:4 by in- 
serting after paragraph VIII the following new paragraphs: IX, To set 
standards of design and construction for sewerage and sewage or waste 
treatment systems, to approval all engineering documents applying there- 
to, and perform such other related engineering or inspectional work as 
will provide for proper design, construction and operation of the facili- 
ties involved and protect federal, state or local funds invested in such 
projects. X. To provide such services and technical assistance in the area 
of sanitary engineering as may be required by the director of division 
of public health services, department of health and welfare to implement 
and carry out the statutory obligations imposed upon the director of 
public health services and the rules and regulations promulgated by said 
director. 

267:9 Appropriation. In addition to other funds made available to 
the water pollution commission and the bureau of sanitary engineering, 
there is hereby appropriated the sum of three thousand five hundred 
dollars for the fiscal year ending June 30, 1966, or so much thereof as 



426 Chapter 268 [1965 

may be necessary in order to meet the salary schedule set forth in section 
7 hereof, and a like sum for the fiscal year ending June 30, 1967, or so 
much thereof as may be necessary, for the same purpose. The sums ap- 
propriated hereunder shall be made available to the commission from 
the salary adjustment fund. 

267:10 Water Pollution Compact. Amend RSA 488:3 by striking 
out the words "the department of health" in the sixth line and inserting 
in place thereof the words, water pollution commission, so that the sec- 
tion is amended to read: 488:3 Commissioners. After the aforesaid com- 
pact shall become effective and operative as provided in section 2, the 
governor, with advice and consent of the council, shall designate or ap- 
point five persons to serve as commissioners to the New England Inter- 
state Water Pollution Control Commission, hereinafter called the com- 
mission. One of such commissioners shall be an employee of the state 
water pollution commission, and the other four commissioners shall be 
appointed from the membership of the New Hampshire water pollution 
commission, one of whom shall be the chairman of said commission ex- 
officio. Said commissioners, except the chairman of the New Hampshire 
Tvater pollution commission, shall hold office for a term of four years 
each. Vacancies shall be filled for the remainder of unexpired terms, in 
the same manner as original appointments are made. The terms of com- 
missioners first appointed shall begin on the date when the compact afore- 
said becomes effective and operative in accordance with section 2. 

267:11 Repeal. I. RSA 126-A:21, as inserted by 1961, 222:1, relative 
to transfer of water pollution commission, is hereby repealed. 

II. RSA 149:2-a, as inserted by 1963, 26:1, relative to chairman pro 
tem, is hereby repealed. 

III. RSA 149:12 relative to employment of sanitary engineers or 
other employees, is hereby repealed. 

267:12 Takes Effect. This act shall take effect July 1, 1965. 
[Approved July 2, 1965.] 
[Effective as of July 1, 1965.] 



CHAPTER 268. 

AN ACT APPROPRIATING FUNDS FOR THE STATE NURSING SCHOLARSHIP 

PROGRAM. 

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

268:1 Appropriation. The sum of fifty-two thousand dollars is here- 
by appropriated for the biennium ending June 30, 1967 for the purpose 
of providing funds to carry out the provisions of RSA 326:30, 31 and 32. 



1965] Chapter 269 427 

The sum hereby appropriated shall be available as of July 1, 1965, and 
the governor is authorized to draw his warrant for the said sum out of 
any money in the treasury not otherwise appropriated. To provide for 
the cost of administering the total program a sum shall be deducted from 
the total amount appropriated for the state nursing scholarship program, 
this sum not to exceed $1,000 for each year. Said sums to be expended by 
the state board of nursing education and nursing registration to defray 
the expense of administration of the program for state aid for nursing 
education. 

268:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 269. 

AN ACT NAMING THE TENNY MOUNTAIN HIGHWAY. 

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

269:1 Tenny Mountain Highway. Any highway connection from 
interstate route 93 interchange with route U. S. 3 in Plymouth to the 
intersection of routes N. H. 3-A and N. H. 25 in West Plymouth is named 
the Tenny Mountain Highway. 

269:2 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4 ,1965.] 



CHAPTER 270. 

AN ACT AUTHORIZING THE DIVISION OF SAFETY SERVICES OF THE DEPART- 
MENT OF SAFETY TO PURCHASE CERTAIN REAL PROPERTY INCLUDING THE 
BUILDINGS AND EQUIPMENT THEREON IN THE TOWN OF GILFORD AND MAK- 
ING AN APPROPRIATION THEREFOR. 

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

270:1 Purchase of Goodhue Boat Yard. Amend paragraph VUI of 
1963, 251:1 by striking out the same and inserting in place thereof the 
following: 



428 Chapter 271 [1965 

VIII. Department of safety: 
Division of safety services: 

Purchase of certain waterfront real property on Lake 
Winnipesaiikee (approximately 300 feet frontage) with 
the New building thereon including all fixtures therein 
and the travel-lift and elevator thereon, known as the 
Goodhue Boat Yard $120,000 

Less boat house reserve approved 

by governor and council 30,000 



$90,000 



Alterations to and purchase of equipment and fix- 
tures for said building to make usable also as state police 
substation $25,000 



Total $115,000 

270:2 Borrowing Authority Increased. Amend 1963, 251 as amend- 
ed by inserting after section 17 the following new section: 251:17-a 
Borrowing Increased. The authority granted to borrow funds under the 
provisions of sections 8, 9, 10, 11, 12 and 13 of this act is increased relative 
to the appropriations made in section 1 of this act by forty thousand 
dollars. 

270:3 Effective Date. This act takes effect on its passage. 
[Approved July 6, 1965.] 
[Effective date July 6, 1965.] 



CHAPTER 271. 

AN ACT PROVIDING FOR AN OPEN SEASON ON FISHER. 

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

271:1 Fisher. Amend RSA 210 by inserting after section 3 as amend- 
ed by 1961, 147: 1 the following new subdivision: 

Fisher 

210:3-a Open Season. Fisher may be taken and possessed by the use 
of dogs, guns and traps from October 20 to February 1 in all counties of 
the state except Coos where no fisher may be taken unless, upon the writ- 
ten request of the selectmen of a town or the council of a city or the ex- 
ecutive body of any other political subdivision, a certificate of permission 
has been issued by the fish and game department signed by a majority of 
the commission and the director, delineating the area and the time within 
which fisher may be so taken and possessed in said county. Whoever vio- 



1965] Chapter 272 429 

lates the provisions of this section shall be fined not less than ten dollars 
for the first and not more than fifty dollars for each additional fisher 
taken and possessed in violation of this section. 

271:2 Repeal. RSA 2I0:3-a as inserted by 1961, 147:2 and amended 
by 1963, 154:1 is hereby repealed. 

271:3 Skins to be Sealed. Amend RSA 210:8 as amended by 1955, 57:1 
and 1961, 24:2 by striking out the same and inserting in place thereof 
the following: 210:8 Stamping; Sale of Skins. Whenever a person shall 
lawfully take during the open season beaver as provided in section 5 and 
7 or fisher as provided in section 3-a he shall present the skin of such 
beaver or fisher, within ten days from the close of said open season to a 
conservation officer who shall stamp or seal the same. Beaver or fisher 
skins lawfully taken, stamped or sealed may be bought and sold. 

271:4 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 272. 

AN ACT RELATIVE TO MOVEMENT OF HOUSE TRAILERS OR MOBILE HOMES. 

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

272:1 Registration of Motor Vehicles. Amend RSA 260:12-b as in- 
serted by 1961, 41:3 by inserting after the word "chapter" in line tliree the 
words, or moved, so that the section is amended to read as follows: 
260:12-b Payment of Taxes Required. No house trailer or mobile home 
shall be registered in accordance with the provisions of this chapter or 
moved after a tax has been assessed upon said house trailer or mobile 
home unless the owner or person requesting registration has satisfied the 
commissioner that all taxes assessed thereon for the year for w^hich regis- 
tration is sought to have been paid; except that if registration is sought 
before a tax for that year has been assessed against said house trailer or 
mobile home, the commissioner may issue such registration which he 
may revoke at any time upon notice by the collector of taxes that the taxes 
have been assessed and billed and remain unpaid. 

272:2 Amendment. Amend RSA 260 by inserting after section 
260:12-b as inserted by 1961, 41:3 the following new sections: 

260:12-c Removal of House Trailers. No house trailer or mobile 
home which is in this state on April first in any year, except those con- 
stituting a dealer's stock-in-trade, shall be removed from the place where 



430 Chapter 273 [1965 

it was located on April first unless the owner thereof shall produce and 
deliver to the person moving the same a receipted tax bill for the tax as- 
sessed as of said April first, or a statement signed by a majority of the 
board of selectmen or assessors of the place where the trailer was located 
on April first that the same may be moved without the payment of the 
taxes assessed thereon. The persons moving such trailer or mobile home 
shall hold the receipted tax bill or statement of the selectmen during the 
period of transit of said trailer or mobile home and upon arrival at its 
destination deliver the same to the owner of the trailer or mobile home. 

260:12-d Penalty. Any person violating the provisions of 260:12-c 
shall be subject to a fine of not more than one hundred dollars. 

272:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 273. 

AN ACT RELATIVE TO THE REGISTRATION OF BUSES. 

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

273:1 Registration Fees for Buses. Amend paragraph XVI of RSA 
262:1 (supp) as inserted by 1957, 233:1 by striking out the entire para- 
graph and inserting in place thereof the following new paragraph: 

XVI. For motor vehicle used exclusively as a school bus or as a bus 
for transportation of minors to and from functions of religious organ- 
izations, twenty-five dollars. The provisions of paragraph III hereof shall 
not apply to motor vehicle used exclusively as a school bus or as a bus for 
transportation of minors to and from official functions of religious or- 
ganizations. The provisions of the paragraph shall not apply to munici- 
pally o^vned vehicles nor to vehicles of public utilities or common carriers. 

273:2 Takes Effect. This act shall take effect April 1, 1966. 
[Approved July 6, 1965.] 
[Effective date April 1, 1966.] 



1965] Chapter 274 431 

CHAPTER 274. 

AN ACT RELATIVE TO THE APPLICATION OF MOTOR VEHICLE LAWS TO 
CERTAIN NON-PUBLIC WAYS. 

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

274:1 Definitions. Amend paragraph XXXV of RSA 259:1 by in- 
serting at the end thereof the words, and ways provided and maintained 
by public institutions to which state funds are appropriated, for public 
use, so that said paragraph as amended shall read as follows: XXXV. 
"Way", any public highway, street, avenue, road, alley, park or parkway, 
or any private way laid out under authority of statute, and ways provided 
and maintained by public institutions to which state funds are appro- 
priated, for public use. 

274:2 Application of Statutes. Amend RSA 262 by inserting after 
section 43 the following new subdivision: 

Motor Vehicle Laws 

262:44 Added Application. The provisions of this chapter and suc- 
ceeding chapters 262-A, 263, 264, 265, 266, 267, 268 and 269 shall be con- 
strued to include motor vehicle operations on ways provided and main- 
tained by public institutions, to which state funds are appropriated, for 
public use. 

274:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 275. 

AN ACT PROHIBITING FORGING OR ALTERING A PRESCRIPTION UNDER THE 

DRUG LAW. 

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

275:1 Altering Prescriptions Forbidden. Amend RSA 318 by insert- 
ing after section 318:52 a new section as follows. 318:52-a Fraud or De- 
ceit. It is unlawful to obtain or attempt to obtain a drug or device sold 
by prescription of a physician, dentist or veterinarian that bears a state- 
ment that it is to be dispensed or sold only by or on the prescription of a 
physician, dentist or veterinarian by (a) fraud, deceit, misrepresentation 
or subterfuge; (b) by the forgery or alteration of a prescription or of any 



432 Chapter 276 [1965 

written order; or (c) by the concealment of a material fact; or (d) the use 
of a false name or the giving of a false address. 

275:2 Drugs and Druggists. Amend RSA 318:8, as amended by 
1961, 222:1, by inserting after the word "purpose" the words, and of all 
peace officers within the state, and of all county attorneys, so that the 
section is amended to read as follows: 318:8 Enforcement of Law by. It 
shall be the duty of the commission, through officials and employees ap- 
pointed by it or under its supervision for that purpose, and of all peace 
officers within the state, and of all county attorneys, to enforce all the 
provisions hereof. When so requested, the division of public health serv- 
ices and its officials and employees shall cooperate with the commission in 
collecting and analyzing samples of drugs and medicines sold, or sus- 
pected of being sold, in violation of this chapter. 

275:3 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 276. 

AN ACT RELATIVE TO AUCTIONEERS. 

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

276:1 Surety Company Bonds. Amend RSA 311-A (supp) by insert- 
ing after section 3 as inserted by 1961, 247:1 the following new section: 
311-A:3-a Bond Required for Nonresident. All nonresident applicants 
for license to engage in the practice of auctioneering shall be required to 
furnish with their application or renewal thereof, in the form prescribed 
by the secretary of state, a bond of reputable surety company in the 
amount of five thousand dollars, as security for compliance with the 
provisions of this chapter, and which bond shall be deposited and safely 
kept in the office of the secretary of state. The premiums on said bonds 
shall be paid by the applicant. 

276:2 Licenses. Amend RSA 311-A: 4 (supp) as inserted by 1961, 
247:1 by striking out the words "affidavits of at least two disinterested 
persons who are reputable freeholders, in the area where the applicant 
resides" in lines nine and ten and inserting in place thereof the words, 
affidavit of a licensed auctioneer, so that the section is amended to read 
as folIoAvs: 311-A:4 Application for License. An application for license 
shall be in writing and shall be obtained from the secretary of state. It 
shall contain a showing as to the applicant's ability to judge the value of 
real, personal and mixed property and such other information as the sec- 
retary of state shall require to determine the qualifications of the appli- 



1965] Chapter 277 433 

cant and compliance with this chapter. If the applicant is an individual, 
he shall verify the same; if a firm or corporation, it shall be verified by 
at last two members or officers. The application shall be accompanied 
by the required fee and affidavit of a licensed auctioneer, certifying that 
the applicant is trustworthy and competent to auction real, personal and 
mixed property in such a manner as to safeguard the interests of the 
public. Each such affidavit shall among other things set forth the name, 
age, address, and occupation of the affiant, the extent of his acquaint- 
anceship with the applicant, his familiarity with past business experience 
and dealings of the applicant and such other knowledge of the applicant 
and his background upon which the affidavit is founded. Applications 
for renewal licenses need not be accompanied by such affidavits. 

276:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage but shall be applicable only to licenses or renewals thereof effective 
after May 30, 1966. 
[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 
(Licenses and Renewals effective after May 30, 1966.) 



CHAPTER 277. 

AN ACT RELATIVE TO THE ESTABLISHMENT OF STATE JUNIOR COLLEGES. 

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

277:1 Declaration of Purpose. It is hereby found and declared that 
in order to implement the establishment of a state junior college pro- 
gram which will provide two years of standard college work for those 
high school graduates who wish to complete elsewhere the requirements 
for the baccalaureate degree and which will provide instruction in gen- 
eral education and training to prepare students for occupations which 
require two years of training leading to an associate degree, further legis- 
lative directive will be required. The purpose of this act is to initiate the 
preparation of such directive in a form to be presented for consideration 
by the governor in connection with his capital budgeting. 

277:2 Commission Established. There shall be established a New 
Hampshire Junior College Commission consisting of seven members. One 
senator shall be appointed by the president of the senate, two representa- 
tives shall be appointed by the speaker of the house of representatives, 
and four members shall be appointed by the governor. The commission 
shall organize by electing one of its members as chairman. It shall be the 
duty of said commission to prepare a proposal to implement the estab- 
lishment of such junior colleges as they may determine in areas including 



434 Chapter 278 [1965 

but not necessarily limited to the greater Nashua area, Manchester, 
Cheshire county, the seacoast region, the Berlin area and the Laconia 
area. The commission shall gather and analyze existing pertinent avail- 
able reports on the establishment of junior colleges in the state of New 
Hampshire and perform any further analyses the commission deems nec- 
essary or advisable. Said commission shall file its recommendations to 
implement the establishment of a system of junior colleges in the state of 
NeAV Hampshire with the office of the governor not later than July 1, 
1966. The commission's proposal may also include, but shall not be lim- 
ited to, proposed curriculum, financing, and schedule of implementation. 
The committee is hereby authorized to accept and apply to the purposes 
hereof gifts and grants from any persons or associations, public or private, 
made for the purpose of aiding such commission in the preparation of 
its recommendations. 

277:3 Takes Effect. This act shall take effect sixty days after its pas- 
sage. 

[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 278. 

AN ACT RELATIVE TO THE NEW HAMPSHIRE STATE PORT AUTHORITY AND 

THE OPERATION OF AIR NAVIGATION AND LAND 

TRANSPORTATION FACILITIES. 

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

278:1 Operation o£ Air Navigation and Land Transportation Fa- 
cilities. Amend RSA 271-A:2 (supp) as inserted by 1957, 262:1 and 
amended by 1963, 181:2 by adding at the end the following new para- 
graph: IV. Plan, develop, maintain, use and operate air navigation and 
land transportation facilities within a fifteen mile radius of the port au- 
thority headquarters at Portsmouth. Cooperate with departments, agen- 
cies or commissions of the federal, state or local governments and accept 
grants, aids or services from such agencies in the carrying out of this pur- 
pose. Such authorization relating to air navigation and land transporta- 
tion facilities shall include and be governed by all other provisions of 
this chapter. 

278:2 Takes Effect. This act takes effect sixty days after passage. 
[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



1965] Chapter 279 435 

CHAPTER 279. 

AN ACT RELATING TO THE ORGANIZATION OF SAVINGS BANKS. 

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

279:1. Organization of new savings banks. Amend RSA by inserting 
after chapter 386 the following new chapter: 

Chapter 386-A 

Incorporation of Savings Banks 

386-A: 1 Incorporators. Twenty or more persons of lawful age, a 
majority of ^vhom are residents of New Hampshire, may associate them- 
selves together by articles of agreement in writing for the purpose of 
forming a mutual savings bank or a guaranty savings bank, and, upon 
compliance with the provisions of this chapter, may become a corpora- 
tion with all the powers and privileges and subject to all the duties, re- 
strictions and liabilities of either a mutual savings bank or a guaranty 
savings bank, as set forth in the general la^vs now or hereafter in force 
relating to such corporations. 

386-A:2 Articles of Agreement. The articles of agreement shall set 
forth that the subscribers thereto associate themselves together with the 
intention of forming a corporation to do business as a mutual savings 
bank or as a guaranty savings bank and shall specifically state: 

I. The name by which the corporation shall be known, which name 
shall include the words "savings bank", "institution for savings", or 
"guaranty savings bank". 

II. The purpose for which it is formed. 

III. The city or town, in this state, where its business is to be trans- 
acted. 

IV. If a mutual savings bank, the amount and number of units of 
its transferable capital debentures; if a guaranty savings bank, the amount 
of its special deposit or capital stock and the number and par value of 
shares thereof. 

386-A: 3 Signing Articles. Each such incorporator shall subscribe to 
the articles of agreement his name, residence, post office address, and the 
number of units of capital debentures (in the case of a mutual savings 
bank) or the number of shares of special deposit or stock (in the case of 
a guaranty savings bank) Avhich he agrees to take. Each initial signer must 
subscribe to one or more of such units or shares. 

386-A:4 Petition. A petition requesting approval of the proposed 
incorporation shall be filed with the bank commissioner. The petition 



436 Chapter 279 [1965 

shall be upon such form as may be prescribed by the bank commissioner 
and shall contain all the information required by such form, signed and 
verified under oath by the incorporators, to which shall be annexed a 
signed duplicate of the articles of agreement. An examination fee of 
five hundred dollars, payable to the bank commissioner, shall be paid 
when the petition is filed and may be used to defray the expenses of the 
proceedings on the petition, any remaining balance to be paid to the 
state treasury for the credit of the bank commissioner. The bank com- 
missioner shall examine each petition and if he finds that it is duly com- 
pleted, he shall forthwith refer the petition to the board of trust company 
incorporation. The bank commissioner shall then make such investiga- 
tion of each petition as he considers expedient, for the purpose of more 
fully informing the board. 

386-A:5 Notice. A notice of a public hearing by the board on such 
petition shall be caused to be published by the petitioners at least once 
a week for three successive weeks, in one or more newspapers designated 
by the commissioner. The notice shall be in such form as may be pre- 
scribed by the commissioner, setting forth the place, date, and hour of 
the hearing, the names, addresses and occupations of the incorporators, 
and the name of the proposed corporation, and such other information 
as the form may require. One of the newspapers shall be a newspaper 
generally circulating in the city or town where such bank is to be located. 
The first publication of such notice shall be within thirty days after the 
petition has been referred to the board by the commissioner. The peti- 
tioners shall also cause a copy of such notice to be mailed to every bank, 
trust company, or other corporation, described in RSA 384:1, located in 
the city or town where such bank is to be located, at least fourteen days 
before such hearing date. The petitioners shall furnish the board with 
written proof of the pubUcation and service of the notice under this sec- 
tion, on or before the commencement of the hearing. 

386-A:6 Hearing. The board shall hear such evidence as may be 
presented by the petitioners and all other interested persons, firms and 
corporations, including members of the general public. The board shall 
keep a permanent verbatim record of all such evidence. The petitioners 
shall submit to the board in open hearing full information as to the 
identity and background of each person, firm or corporation T\ho has 
subscribed to the initial capital of the proposed bank. In making its de- 
cision on each petition, the board shall not take favorable action imless 
it determines that: 

(1) the bank will serve a useful purpose in the community in which 
it is proposed to be established, 

(2) there is a reasonable expectation of its financial success, 

(3) its operation will not cause undue injury to existing institutions 
that accept funds from savers on deposit or share accounts, and 



1965] Chapter 279 437 

(4) the applicants are persons of good character and responsibility, 
and 

(5) there is reasonable prospect of raising such amount of initial 
capital funds as the board may determine to be reasonably necessary, but 
not less than the requirements of section 21 of this chapter. 

386-A:7 Decision. The board shall then decide the question whether 
the petition shall be granted or denied and it shall make a record of its 
decision. If the decision is adverse to the petitioners, no further proceed- 
ings shall be had, but a new petition may be filed after one year from 
the date of the decision. If the petition is granted, the petitioners shall 
proceed as hereinafter provided in this chapter. The board may impose 
reasonable conditions, consistent with reasonable banking standards, to 
the commencement of business under any such grant. 

386-A:8 First Meeting. The first meeting of the incorporators who 
subscribed the articles of agreement shall be called by a notice signed 
either by that subscriber to the agreement who is designated therein for 
the purpose, or by a majority of the subscribers, and such notice shall 
state the time, place, and purpose of the meeting. 

386-A:9 Notice. Seven days at least before the day appointed for 
the meeting, a copy of the notice shall be given to each subscriber, or left 
at his residence or usual place of business, or deposited in the post office, 
postage prepaid, and addressed to him at his residence or usual place of 
business. Another copy of the notice and an affidavit of one of the sub- 
scribers that the notice has been duly served shall be recorded with the 
records of the proposed corporation. 

386-A:10 Waiver. If all the incorporators shall, in writing indorsed 
upon the articles of agreement, waive such notice and fix the time and 
place of the meeting, no notice shall be required. 

386-A:ll Incorporators' Powers. The incorporators who subscribed 
the articles of agreement shall hold the franchise until the organization 
has been completed. 

386-A:I2 Organization. At such first meeting, or at any adjourn- 
ment thereof, the incorporators shall organize by the election by ballot 
of a temporary clerk, by the adoption of by-laws and by the election, in 
such manner as the by-laws shall prescribe, of a president, a clerk of the 
corporation, a treasurer, a board of not less than seven trustees or di- 
rectors, and other officers, as the by-laws may prescribe. All the officers, 
trustees or directors so elected shall be sworn to the faithful performance 
of their duties. The temporary clerk shall make and attest a record of 
the proceedings until the clerk has been elected and sworn, including a 
record of the election and the qualification of the clerk. The by-laws shall 
specify the number required to make a quorum at all meetings, shall 



438 Chapter 279 [1965 

provide for voting by proxy, and shall contain provision for future 
amendments. 

386-A:13 Certificate. A majority of the trustees or directors who 
are elected at such first meeting shall sign and make oath to a certificate 
setting forth: 

I. A true copy of the articles of agreement, the names of the sub- 
scribers thereto, and the name, residence and post office address of all 
the officers, trustees or directors of the corporation. 

II. The date of the first meeting and the successive adjournments 
thereof, if any. 

III. A copy of the records. 

386-A:14 Approval of. Such certificate shall be submitted to the 
board of trust company incorporation, who shall examine the certificate, 
and who may require such amendment thereof or such additional in- 
formation as they may consider necessary. If they find that the public 
convenience and advantage will be served by the establishment of such 
corporation, that the proposed management of such corporation will be 
of satisfactory character, knowledge and experience in the field of bank- 
ing, and that the proceedings in other respects conform to the provisions 
of this chapter, they shall so certify and endorse their approval upon 
the certificate. 

386-A:15 Record of. Thereupon the certificate shall be filed in the 
office of the secretary of state, who, upon payment of a fee equal to one 
tenth of one percent of the authorized capital debentures, special deposit, 
or capital stock of the corporation as set forth in the articles of agreement 
shall cause the certificate with the indorsement thereon, to be recorded. 

386-A:I6 Certificate of Incorporation. The secretary of state shall 
thereupon issue a certificate of incorporation in the following form: 

THE STATE OF NEW HAMPSHIRE 

Be it known, that whereas (the names of the subscribers to the articles 
of agreement) have associated themselves with the intention of forming 
a corporation under the name of (the name of corporation), for the pur- 
pose (the purpose declared in the agreement of association), with capital 
debentures, capital funds, special deposit or capital stock of (the amount 
fixed in the agreement of association) and have complied with the provi- 
sions of the statutes of this state in such case made and provided, as ap- 
pears from the certificate of a majority of the trustees or directors of said 
corporation, duly approved by the board of trust company incorporation 
and recorded in this office: Now, therefore, I (the name of the secretary), 
secretary of state, do hereby certify that said (the names of the subscribers 
to the agreement of association), their associates and successors, are legally 



1965] Chapter 279 439 

organized and established as, and are hereby made, an existing corpora- 
tion under the name of (name of corporation), with the powers, rights 
and privileges, and subject to the limitations, duties and restrictions, 
which by law appertain thereto. 

Witness my official signature hereunto subscribed, and the seal of 

the state hereunto affixed, this day of in the year 

(the date of the filing of the articles of agreement). 

The secretary of state shall sign the certificate of incorporation and 
cause the seal of the state to be thereto affixed; and such certificates shall 
have the force and effect of a special charter. 

386-A:17 Certificate or Record as Evidence. The secretary of state 
shall also cause a record of the certificate of incorporation to be made, 
and such certificate, or such record or a certified copy thereof, shall be 
conclusive evidence of the existence of such corporation. 

386-A:18 When Incorporated. The existence of such corporation 
shall begin upon the filing of the certificate of the trustees or directors 
in the office of the secretary of state. If any corporation organized under 
this chapter shall fail to begin business within one year from the date 
of its incorporation, its charter shall become void. 

386-A:19 Commencement of Business. Such corporation shall not 
begin the transaction of business until it has furnished proof of its ability 
to satisfy any conditions imposed by the board under section 7 of this 
chapter and until the initial amount of capital established by the board, 
represented by the issuance of capital debentures (in the case of a mutual 
savings bank) or by the issuance of special deposit or capital stock (in 
the case of a guaranty savings bank), shall have been actually paid in 
in cash. Upon proof thereof to the bank commissioner, he shall issue to 
the corporation a certificate of authority to commence business. It shall 
be unlawful for any such corporation to commence business prior to the 
issuance of such certificate. 

386-A:19-a Deposit Insurance. It shall be unlawful for any such 
corporation to commence business until it has qualified as a bank whose 
deposits are insured by the Federal Deposit Insurance Corporation or by 
any successor thereto. The bank commissioner may cause any such cor- 
poration to cease doing business whenever it ceases to be qualified as re- 
quired in this section. 

386- A: 20 Vesting of Power. In the case of a mutual savings bank, 
upon the completion of organization and the issuance of capital deben- 
tures, the powers of the corporation shall vest in the incorporators, as 
members of the corporation, including such additional persons as may 
be chosen as incorporators from time to time as provided in the by-laws. 
In the case of a guaranty savings bank, upon the completion of organ- 



440 Chapter 279 [1965 

ization and the issuance of special deposit or capital stock with power 
to vote, the powers of the corporation shall vest in the holders of the 
special deposit or capital stock. 

386-A:21 Minimum Capital Requirements and Guaranty Fund. The 

initial capital required to organize a savings bank shall consist of the 
following minimum amounts in cash or such greater sum as may be rea- 
sonably required by the board: fifty thousand dollars in towns and cities 
of not more than six thousand inhabitants, one hundred thousand dollars 
in tounis and cities of more than six thousand inhabitants and not more 
than fifty thousand inhabitants, and two hundred thousand dollars in 
those of more than fifty thousand inhabitants. Such initial capital shall 
ue subdivided into a special reserve and an initial surplus, in amounts 
fixed by the board. All amounts advanced for such purpose shall be evi- 
denced by transferable capital debentures, in the case of a mutual sav- 
ings bank, and by special deposit or capital stock, in the case of a guaranty 
savings bank. Such special reserve shall be used only for the purpose of 
meeting losses, but this restriction shall not apply to the initial surplus. 
The provisions of RSA 386:9 and 12 shall determine the required addi- 
tions to capital funds for the purpose of building a guaranty fund and 
a guaranty fund surplus; and the commissioner may require any such 
bank to increase its capital funds or regulate the amount of its deposits, 
from time to time, as may be necessary, to comply with reasonable bank- 
ing standards, not inconsistent with law, 

386-A:22 Capital Debentures and Special Deposit. The issuance of 
capital debentures, including increases therein, shall be governed by the 
provisions of RSA 384:14-a (supp), except as otherwise provided in this 
chapter; but the commissioner shall first approve the maturity, interest 
rate, and repayment provisions of each such debenture. No retirement 
of capital debentures, in whole or in part, shall be permitted which 
would leave the guaranty fund, or the guaranty fund plus the remaining 
special reserve, less in amount than the full and unimpaired guaranty 
fund required of such a bank under general law. The total amount 
of the capital debentures or special deposits of such corporation held by 
any other savings bank shall not at any time exceed ten percent of the 
total capital debentures or special deposits issued by such corporation. 
Such capital debentures shall be transferable only on the books of the 
corporation and shall be subordinate to all general deposits and to all 
other debts, claims and obligations of the bank. The issuance of special 
deposit or capital stock, including increases therein, shall be governed 
by the provisions of RSA 386:12-17. 

386-A:23 Deposits. A savings bank organized hereunder may accept 
savings deposits from any person, persons, firm, association or corpora- 
tion disposed to enjoy the advantages of such bank. Any such bank may 
classify its savings depositors according to the character, amount, dura- 



1965] Chapter 280 441 

tion or regularity of their dealings with the bank, and, subject to other 
applicable provisions of law, may agree with its depositors to pay an addi- 
tional rate or rates of interest based on such classification, so long as each 
depositor shall receive the same rate of interest as all others in his class. 
The right is reserved to such banks to refuse any sums offered for de- 
posit and to repay deposits. In addition to the powers contained in its 
by-laws or the statutes relating to special notice accounts, any such bank 
may at any time require that up to ninety days' advance notice be given 
to it by each depositor prior to the withdrawal of any savings deposit or 
portion thereof; provided that written notice of the action taken by the 
bank shall be given immediately to the bank commissioner. 

386-A:24 Voluntary Dissolution. A savmgs bank organized here- 
under may be dissolved, as provided in RSA 294:97-98, whenever a ma- 
jority of its incorporators (in the case of a mutual savings bank) or a ma- 
jority of its special deposit or capital stock (in the case of a guaranty 
savings bank) shall have voted to authorize its dissolution. The court 
may order that liquidation be carried out under the supervision of the 
bank commissioner. 

386-A:25 Application of Chapter. The foregoing sections of this 
chapter shall not apply to savings banks incorporated prior to the effec- 
tive date of this chapter and nothing contained in this chapter shall be 
construed to modify their corporate charters nor to affect their respective 
corporate existences. 

279:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved July 6, 1965.] 
[Effective date September 4, 1965.] 



CHAPTER 280. 

AN ACT TO ESTABLISH LIFEGUARD SERVICES AND STATE CONTROLLED AUTO 
MOBILE PARKING LOT OPERATION AT HAMPTON BEACH STATE PARK. 

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

280:1 Facilities at Hampton Beach State Park. Subject to the con- 
dition set forth in section 3 of this act, the director of the division of parks 
of the department of resources and economic development is directed 
to provide and supervise beach patrol personnel and provide and main- 
tain the proper equipment for lifeguard services at Hampton Beach State 
Park. The director is further directed to provide and supervise the at- 
tendants and provide and maintain the proper equipment for the opera- 
tion of a public parking lot at the Hampton Beach State Park, and is 
authorized to charge a fee for the use of the lot by the public. 



442 Chapter 281 [1965 

280:2 Appropriation. The sum o£ twenty-five thousand nine hun- 
dred eighty dollars is appropriated for the fiscal year ending June 30, 
1966, and the sum of sixteen thousand three hundred and thirty-five dol- 
lars is appropriated for the fiscal year ending June 30, 1967, to be spent 
by the division of parks for the purposes set forth in section 1 of this act. 

280:3 Conditions of Acceptance. As a condition to the state pro- 
viding lifeguard service at Hampton Beach State Park and in operating 
the parking lot it is necessary that the town of Hampton relinquish to 
the state division of parks the town's operation of the parking of auto- 
mobiles at the state park. When the director of the division of parks of 
the department of resources and economic development certifies to the 
governor that the town of Hampton has relinquished its operation of 
parking at the park to the state division of parks, the governor is author- 
ized to draw his warrant for the sums appropriated out of any money 
in the treasury not otherwise appropriated. After this act becomes effec- 
tive the director of the division of parks is directed to turn over all reve- 
nues received from parking fees in the parking lot to the state treasurer. 
The state treasurer shall credit these parking revenues to the appropria- 
tion hereby made. 

280:4 Effective Date. This act takes effect upon its passage. 
[Approved July 6, 1965.] 
[Effective date July 6, 1965.] 



CHAPTER 281. 

AN ACT MAKING APPROPRIATIONS FOR CAPITAL IMPROVEMENTS AND LONG 
TERM REPAIRS FOR THE STATE OF NEW HAMPSHIRE. 

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

281:1 The sum of five million four hundred fifty one thousand eight 
hundred seventy two dollars is hereby appropriated for the purpose of 
capital improvements and long term repairs, which purpose includes such 
related improvements, facilities, equipment and furnishings as are enu- 
merated herein. 

The appropriations for the projects are as follows: 
I Administration and Control: 

Renew state library roof and complete related 

repairs $20,000 

Purchase, renovate and make necessary related ex- 
penditures to establish state offices in old post 
office building 100,000 



1965] Chapter 281 443 

Acquisition of land, buildings, rights of way, ease- 
ments, improvements and betterments 100,000* 

220,000 

*This appropriation shall lapse at June 30, 1967. 

II Adjutant general: 

Littleton armory — grade and pave parking area, walk 

and driveway 22,000 

III Education: 

Vocational institute:;]; 

Site 50,000 

Site development 100,000 



Building 836,000 

Architect's fee 40,000 

Equipment 400,000 



1,426,000 



Vocational institute: J 

Site 50,000 

Site development 100,000 

Building 836,000 

Architect's fee 40,000 

Equipment 400,000 



1,426,000 

2,852,000 

|;Location priority for the new vocational institutes shall be given 
by the state board of education to areas where site, site development, 
water and sewerage services and snow removal will be provided by public 
or private interests. The appropriations for site and/or site development 
shall lapse if site and/or site development is furnished by public or pri- 
vate interests. Plans and specifications for these projects must be approved 
by the public works division of the department of public works and high- 
ways. The buildings shall be limited to an area of 44,000 square feet. 

IV Industrial school 
Cottage containing facilities for thirty boys and 
the house parents. To contain approximately 
10,000 square feet and be heated by an under- 
ground line from the existing power plant. 
The building to be of steel and masonry con- 
struction with brick facing: 

Site development including piling 37,000 

Building 160,000 

Steam line 25,000 

Architect's fee 13,500 



444 Chapter 281 [1965 

Furniture and equipment 20,000 

Contingencies 11,500 



267,000 



Installation of sprinkler systems in riverview and 

Spaulding cottages 17,000 

V Health and welfare: 
Laconia state school: 

Boys cottage. To be a one story building with a 
partial basement containing approximately 
8,700 square feet and constructed on land 
owned by Laconia state school. Building to be 
of steel and masonry construction with brick 
facing and to be constructed adjacent to pres- 
ent Sanborn cottage: 

Building 156,600 

Water and sewer lines 8,000 

Approach road and parking area 15,000 

Architect's fee 10,776 

Furnishings 20,000 

Demolition of Sanborn* 2,500 

Contingencies 7,124 



220,000 
Renovate, reconstruct and equip Baker building 75,000 

New administration building 200,000 

Boiler repair replacement and conversion 170,000 

Sidewalk and street reconstruction 50,000 

Laundry equipment 20,000 



284,000 



735,000 



*Sanborn cottage and barn shall be demolished upon completion of 
boys cottage. 

New Hampshire hospital: 

Furnishings for patients rooms 300,000 

VI Port authority: 

Water line installation 3,000 

Construct and equip permanent fueling berth 16,000 

Pave parking and storage areas 25,000 

Free foreign trade zone 1,500 

Construct and equip second section transit shed 35,000 

80,500 



1965] Chapter 281 445 

VII State prison: 

Construct and equip farm implement storage shed 

with inmate locker room 17,000 

Purchase of prison industry equipment 33,420 

50,420 

VIII Department of safety: 

Establish and equip crime detection laboratory 10,000 

IX Soldiers home: 

Recondition and equip dispensary building 17,500;|; 

JThis appropriation available for expenditure only if matched by 
federal funds on a 50-50 matching basis. 

X Water resources board: 
Land easements and rights of way: 

Baker river sites 399,420 

Souhegan river sites 61,532 

*Dams, water rights, and lands connected there- 
with at Contoocook river park dam in the city 
of Concord and town of Hopkinton; Bunker 
Pond in Epping; Chandler Pond in Landaff; 
Suncook river dam in Barnstead; Steele Pond 
in Antrim; and at Winnisquam lake in Til- 
ton, Sanbornton, Belmont and Laconia 116,500 

577,452 

*Tax exemption. The dams, water rights and lands connected there- 
with hereby authorized to be acquired by the water resources board for 
the benefit of the state are exempt from taxation so long as the properties 
are held by the state. 

XI Aeronautics commission: 
Development and improvement of air navigation 

facilities 225,000* 

Purchase and installation of visual omni range 

equipment 78,000 

303,000 

*This appropriation shall be for the development and improvement 
of air navigation facilities as defined by RSA 422:3, VI under the follow- 
ing conditions: (a) If used to augment local funds, to be spent in the ratio 
of twenty-five per cent state funds to twenty-five per cent local funds for 
the development and improvement of air navigation facilities with fed- 
eral aid under the federal aid airport program; or (b) if used to augment 
local funds, to be spent in the ratio of fifty per cent state funds to fifty 
per cent local funds on joint state and local projects which do not qualify 
for federal aid, subject to determination by the commission that such a 



446 Chapter 281 [1965 

project satisfies a public need. Of the sum appropriated by this section, 
t^venty-five thousand dollars or as much of that sum as necessary may be 
used for consulting engineering services. 



Total — section 1 5,451,872 



1-a. The sum of twenty five thousand dollars is hereby appropriated 
for the purpose of capital improvements and long term repairs, which 
purpose includes such related improvements, facilities, equipment and 
furnishings as are enumerated herein. 

The appropriation for the project is as follows: 
Acquisition for the Division of purchase and prop- 
erty of Hills avenue warehouse, including such 
related improvements and facilities for 

Freezer and cold storage installation 21,000 

Repair and convert heating system to pur- 
chased steam 4,000 



Total — section 1-a 25,000 



281:2 The sum of one million five hundred thousand dollars is here- 
by appropriated for the purpose of capital improvements and long term 
repairs, which purpose includes such related improvements, facilities, 
equipment and furnishings as are enumerated herein. 

Expansion and development of Echo lake — Cathedral ledge state 



park: 



Dam construction to create a 70 to 80 acre lake 750,000 
Development of recreational areas, trails, parking 

areas and roads 450,000 

Architect and testing costs 50,000 

Buildings, equipment and purchase of land 150,000 

Contingencies 100,000 



Total — section 2 l,500,000t 

JThe development of Echo lake — Cathedral ledge state park to 
basically conform with the development plan proposal of Gordon E. 
Ainsworth Sc Associates which was submitted on December 30, 1958. Reve- 
nue from operation of this park shall be deposited in a separate fund and 
rates charged shall be sufficient to insure that revenue will cover operat- 
ing, maintenance and debt service costs. 

fThe expenditures of this appropriation and the responsibility for 
development and construction of this park shall be assigned to the De- 
partment of Public Works & Highways. 



1965] Chapter 281 447 

Upon completion of development and construction the park shall 
be operated by the Division of Parks. 

Any federal funds which are or become available for this project 
shall reduce the above appropriation and the bond authorization accord- 
ingly. 

281:3 The sum of sixteen million three hundred twenty one thou- 
sand four hundred fifty nine dollars is hereby appropriated for the pur- 
pose of capital improvements and long term repairs, \vhich purpose 
includes such related improvements, facilities, equipment and furnishings 
as are enumerated herein. 

The appropriations for the projects are as follows: 
I Durham campus: 
New social science center — 

Building with site development, built 

in equipment 1,228,500 

Furnishings and Equipment 25,000 

Architect's fee 105,000 

1,382,000 



Kingsbury hall, addition — alterations: 
Building with site development, 

built in equipment 453,900 

Furnishings and equipment 49,549 

Architect's fee 27,051 

Administration cost, clerk works, testing 23,500 



Addition to university library — 




Building* 


1,660,000 


Furnishings and equipment 


270,000 


Architect's fee 


99,000 


UNH administrative costs, 




supervision, etc. 


22,500 



545,000 



2,051,500 

*This includes site development, built in equipment. 
Putnam hall additions, alterations: 



Building with site development. 




built in equipment 


313,950 


Furnishings and equipment 


6,934 


Architect's fee 


20,716 


Administration cost, clerk 




works, testing 


8,400 



350,000 



448 Chapter 281 

Hamilton-Smith addition, alterations: 
Building with site development, 

built in equipment 742,000 

Furnishings and equipment 48,000 

Architect's fee 40,000 

Administration cost, clerk 

^vorks, testing 23,000 



Ne^v incinerator: 

Building with site development, 

built in equipment 77,300 

Furnishings and equipment 200 

Architect's fee 5 500 

Administration cost, clerk 

works, testing 2,000 



Expansion of water supply: 

Building with site development, 

built in equipment 79,000 

Architect's fee 6000 

Administration cost, clerk 

works, testing 2,000 



Pettee hall alterations: 

Building with site development, 

built in equipment 22,500 

Furnishings and equipment l^SOO 

Architect's fee j 'gQQ 

Administration cost, clerk 

works, testing j 200 



DeMerritt hall: 

Building with site development, 

built in equipment 93 500 

Furnishings and equipment 47'oOO 

Architect's fees 7 000 

Administration cost, clerk 

works, testing 2 500 



Merrill hall alterations: 

Building with site development, 

built in equipment 12 gOO 

Furnishings and equipment '500 



[1965 



853,000 



85,000 



87,000 



27,000 



150,000 



1965] Chapter 281 449 

Architect's fees 1,200 

Administration cost, clerk 

works, testing 500 

15,000 



Huddleston hall alterations: 

Building with site development, 

built in equipment 15,000 

Furnishings and equipment 3,000 

Architect's fee 1,500 

Administration cost, clerk 

works, testing 500 



Physical education outside improvements: 
Building with site development, 

built in equipment 89,000 

Furnishings and equipment 3,000 

Architect's fee 4,000 

Administration cost, clerk 

works, testing 4,000 



20,000 



100,000 

Expansion outside utilities 307,304 

Design of proposed capital improvements 207,800 

Land acquisition 100,000 

Relocation of poultry farm: 

Building 155,000 

Furnishings and equipment 2,000 

Architect's fee 9,000 
UNH Administrative costs, 

supervision, etc. 4,000 

170,000 



Acquisition of books for library 150,000 

Educational television construction: 

Littleton UHF channel 24 174,990 

Hanover UHF channel 20 139,386 

Berlin UHF channel 52 and six 

translators 136,150 

Keene UHF channel 45 microwave 
link to channel 2, Boston and 
studio equipment 236,493 

687,019 



Total — Durham campus 7,287,623 



450 



Chapter 281 [1965 



II Keene state college: 
Science and arts building with outside utilities: 
Building a\ ith site development, 

built in equipment 1,691,500 

Furnishings and equipment 90,000 

Architect's fee 119,000 
Administration cost, clerk 

works, testing 28,500 

Land acquisition 71,000 



Physical education building: 




Building with site development, 




built in equipment 


1,573,623 


Furnishings and equipment 


25,000 


Architect's fee 


104,377 


Administration cost, clerk 




works, testing 


46,000 


Maintenance shop: 




Building Avith site development. 




built in equipment 


90,255 


Furnishings and equipment 


2,300 


Architect's fee 


6,245 


Administration cost, clerk 




works, testing 


2,500 


Industrial arts and vocational building: 




Building Avith site development, 




built in equipment 


241,000 


Furnishings and equipment 


209,000 


Architect's fee 


25,000 


Administration cost, clerk 




works, testing 


25,000 


Land acquisition 


50,200 


Development physical educational fields: 




Building with site development. 




built in equipment 


145,000 


Furnishings and equipment 


2,000 


Architect's fee 


10,000 


Administration cost, clerk 




works, testing 


3,000 



2,000,000 



1,749,000 



101,300 



550,200 



160,000 



1965] Chapter 281 451 

Parker hall remodelling: 

Building with site development, 



built in equipment 


61,036 


Furnishings and equipment 


6,300 


Architect's fee 


4,336 


Administration cost, clerk 




works, testing 


2,664 


ew parking areas: 




Building with site development. 




built in equipment 


45,500 


Architect's fee 


3,000 


Administration cost, clerk 




works, testing 


1,500 



74,336 



— ■ 50,000 

Land acquisition 100,000 

Acquisition of books for library 75,000 



Total — Keene state college 4,859,836 

III Plymouth state college: 
Science and arts classroom building with utilities: 
Building with site development, 

built in equipment 1,508,460 

Furnishings and equipment 16,400 

Architect's fee 104,640 

Administration cost, clerk 

works, testing 24,500 

1,654,000 



Physical education building: 
Building with site development, 

built in equipment 2,051,700 

Furnishings and equipment 25,000 

Architect's fee 111,300 

Administration cost, clerk 

works, testing 37,000 



2,225,000 



Old library remodeling: 

Building with site development, 

built in equipment 18,800 

Architect's fees 1,200 



20,000 



452 Chapter 281 [1965 

Russell house alterations: 

Building with site development. 



built in equipment 
Architect's fee 


23,000 
1,500 






Administration cost, clerk 








■works, testing 


500 


25,000 




New parking areas: 

Building with site development, 

built in equipment 
Architect's fee 


68,500 
4,500 






Administration cost, clerk 








works, testing 


2,000 


75,000 

100,000 

75,000 




Land acquisition 

Acquisition of books for library 






Total — Plymouth state college 




4,174,000 


Total — section 3 


16,321,459 



281:4 The sum of seven million two hundred fifty four thousand 
dollars is hereby appropriated for the purpose of constructing, furnishing 
and equipping housing and other student services facilities at the univer- 
sity of New Hampshire. 

The buildings authorized by this appropriation are as follows: 

I Durham campus: 

Housing: facilities to include three new dormi- 
tories and addition to Stokes Hall, presently 
under construction 4,784,000 

Married student housing 956,000 

Proportionate share of utility extensions 212,000 

II Keene state college campus: 

Repair and remodel Fiske and Huntress halls 108,000 

III Plymouth state college campus: 

Dormitory for women 1,150,000 

Alterations to Mary Lyons Hall 44,000 



Note: Notwithstanding the provisions of section 2, chapter 251, Laws 
of 1963, Strafford house at Plymouth state college shall be demolished 
upon completion of construction of the dormitory for women authorized 
above. 

Total— section 4 7,254,000 



1965] Chapter 281 453 

281:5 The sum of five hundred thousand dollars is hereby appro- 
priated for the purpose of assisting in the construction, furnishing and 
equipping of a continuing education center at the university of New 
Hampshire. This appropriation may be expended for any costs incident 
to the erection, furnishing and equipping of these facilities including the 
necessary extension of utilities 500,000 

Total capital appropriations 31,052,331 

281:6 Expenditures: The appropriation made for the purposes men- 
tioned in sections 1 and 2 and the sums available for those projects shall 
be expended by the trustees, commission, commissioner or department 
head of the institutions and departments referred to therein, provided 
that all contracts for projects and plans and specifications therefor, shall 
be awarded in accordance with the applicable provisions of RSA 228:4, 
not inconsistent ^vith this act. 

281:7 Expenditures: The appropriations made for the purposes 
mentioned in section 3, 4 and 5 and the sums available for those projects 
shall be expended by the trustees of the University of New Hampshire. 
All contracts for the construction of all or any part of said building or 
facilities shall be let only after competitive sealed bids have been received, 
and only after an advertisement calling for such bids has been published 
at least once in each of two successive calendar weeks in a newspaper of 
general circulation in New Hampshire or in a trade journal know^n to 
be circulated among the contractors from whom bids will be sought with- 
in the state of New Hampshire or elsewhere in the area. The first pub- 
lication of such advertisement shall be not less than thirty days prior to 
the date the bids will be received. 

If, in the judgment of the trustees of the university, just cause exists 
indicating the lo^vest bid should be rejected, then the contract may be 
awarded to the next lowest bidder, or in the event such next lowest bid 
should be rejected, the contract may be awarded to the third lowest 
bidder. 

The university shall have the right to reject any and all bids and, 
in the event the lowest bid is in excess of the appropriation, shall have 
the right to negotiate wdth the three lo^vest bidders for a contract for such 
construction upon terms deemed most advantageous to the university. If 
only one bid is received, the university may negotiate a contract for such 
construction upon terms deemed most advantageous to the university. 
Any authorization contained herein which is at variance with the require- 
ments of applicable federal law and regulations shall be controlled by 
the terms of such federal law and regulations. 

281:8 Land acquisition: Any land acquired under the appropria- 
tions made in section 1 and 2, except such land, if any, as may be acquired 



454 Chapter 281 [1965 

under the appropriation for ^vater resources board, shall be purchased 
by the commissioner of public works and highways, with the approval 
of the governor and council. Any land acquired under the appropriations 
made in section 3, 4 and 5 shall be purchased by the trustees of the uni- 
versity. 

281:9 Borrowing power: To provide funds for the appropriations 
made in section 1, 1-a, 2, 3, 4 and 5 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 thirty one million 
fifty two thousand three hundred thirty one dollars ($31,052,331); 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 deter- 
mine 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 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. 

The bonds provided for herein shall be paid as follows: 
Section 1. 300,000 for furnishings for patients' rooms at the New Hamp- 
shire hospital shall be paid within five years, while the balance shall 

be paid within twenty years: 
Section 1-a. Bonds issued under this section shall be paid ^vithin five 

years: 
Section 2. Bonds issued under this section shall be paid within twenty 

years: 
Section 3. 300,000 for books for libraries shall be paid ^vithin five years, 

while the balance shall be paid within twenty years: 
Section 4 and 5. Bonds issued under these sections shall be paid within 

thirty years. 

281:10 Payments: The payment of principal and interest on bonds 
and notes issued for the projects in section 1, 2, 3, 4 and 5 shall be made 
when clue from the general funds of the state. 

281:11 Liquidation. The state treasurer is authorized to deduct 
from the fund accruing to the university under RSA 187:24, or appro- 
priation in lieu thereof, for each fiscal year such smns as may be necessary 
to meet interest and principal payments in accordance with the terms and 
conditions of the bonds or notes issued for the purposes of section 3, 4 and 
5 hereof. 

The state treasurer is authorized to deduct from the special fund 
established by section 2 for each fiscal year such sum or stuns as may be 
necessary to meet interest and principal payments in accordance with 
the terms and conditions of the bonds or notes issued for the purposes of 
section 2 hereof. 



1965] Chapter 281 455 

Debt service charges on the bonds issued under section 1-a shall be 
a charge against revenue received from rentals on the warehouse. 

281:12 Proceeds from sale: The proceeds of the sale of said bonds 
or notes authorized by section 9 hereof shall be held by the treasurer and 
paid out by him upon warrants drawn by the governor for the purposes 
of section 1, 1-a, 2, 3, 4 and 5 above. The governor, with the advice and 
consent of the council, shall draw his warrants for the payments from 
the funds provided for herein of all funds expended or due for the pur- 
poses herein authorized. 

281:13 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 treasmer, 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 same, the date of sale and the date of maturity. 

281:14 Short term notes: Prior to the issuance of ihe bonds or notes 
hereunder, the treasurer, under the direction of the governor and coun- 
cil, may for the purposes hereof borrow money from time to time on 
short term loans, which may be refunded by the issuance of the bonds 
or notes hereunder. Provided, however, that at no time shall the indebt- 
edness of the state on short term loans exceed the twenty seven million 
five hundred seventeen thousand eight hundred ninety two dollars for 
borrowing to provide funds for the purposes of section 1, 1-a, 2, 3, 4 and 5. 

281:15 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 the sale upon 
terms which it may deem most advantageous to the state. 

281:16 Extension of appropriations: Notwithstanding any provi- 
sions of RSA 9:18 to the contrary the appropriations for projects men- 
tioned in section 3, 4 and 5 shall not lapse until six years from the effec- 
tive date of this act. 

281:17 Powers of governor and council: The governor and council 
are hereby authorized and empowered: 

I To establish the priority of undertaking any projects hereinbefore 
enumerated in section 1 . 

II To cooperate with and enter into such agreements with the fr^d- 
eral government or any agency thereof, as they may deem advisable, to 
secure federal funds for the purposes hereof. 

III To transfer funds from any line item to any other line item 
within the same individual project. 



456 Chapter 281 [1965 

281:18 Transfers. The individual project appropriations, as pro- 
vided in sections 1, 1-A, 2, 3, 4 and 5 shall not be transferred or expended 
for any other purpose. 

281:19 Construction Requirements. All buildings and projects here- 
in relating to the University of New Hampshire, Keene and Plymouth 
state colleges shall be constructed and equipped reasonably in accordance 
Avith drawings, sketches, plans and explanations set forth in documents 
submitted by the officials of the University of Ne^v Hampshire. These 
dra^vings and sketches are plan No. 372 relative to self liquidating build- 
ings and henceforth called Exhibit "A" and plan No. 558 which includes 
all other buildings and projects and henceforth called Exhibit "B" and 
both exhibits shall be on file in the Legislative Budget Assistant's office. 

281:20 Construction Directed. Amend section 2 of chapter 324 of 
the La^vs of 1963 by inserting after the word "Authorized" the words, and 
directed, so that the section is amended to read as follows: 324:2 Author- 
ization. The commissioner of public works and highways, subject to the 
approval of the governor and coimcil, is hereby authorized and directed 
to lay out and construct an access road to the Willard Basin, so-called, 
in the towns of Lancaster, Jefferson, and Randolph, the city of Berlin, 
and in the unorganized place of Kilkenny. 

281:21 Time Extended. All the appropriations provided for in 
sections 3, 4 and 5 of chapter 324 of the Laws of 1963 are hereby ex- 
tended to June 30, 1968, and the atithority of the commissioner of public 
Avorks and highways and the governor and council provided for in sec- 
tion 2 of chapter 324 of the Laws of 1963 is extended and may be exercised 
up to June 30, 1968. The provisions of this section shall be of full force 
and effect notwithstanding any other provisions of law to the contrary, 
including but not being limited to the provisions of 1965, 228. 

281:22 Additional Appropriation. Amend 1961:263 as amended 
by 1963:287 by inserting after section 5 the following new section: 5-a 
Additional Appropriation. In addition to the sums specified in section 
5, the following sums are appropriated for the purposes indicated: 
Southwestern State Park $1,000,000 

Winnipesaukee State Park 1,000,000 

Mount Washington Carriage Road 800,000 

Connecticut Lakes study 25,000 

Rye Harbor project 50,000 

Shelburne Basin project 30,000 

Strawbery Banke project (governor's house) 25,000 

Additional ski lift at Sunapee State park 250,000 

Other projects as approved by governor and council 70,000 

Total $3,250,000 



1965] Chapter 282 457 

Less federal funds 1,625,000 



Net appropriation $1,625,000 

The appropriation for each of the above individually specified proj- 
ects may not be expended unless matching federal funds are available 
for that specific project. 

281:23 Bonds or Notes Authorized. Amend 1961, 263:6 by striking 
out the same and inserting in place thereof the following: 263:6 Bonds 
or Notes Authorized. For the purpose of providing funds necessary for 
the appropriations made by sections 5 and 5-a, the state treasurer is here- 
by authorized, under the direction of the governor and council, to; 
borrow on the credit of the state from time to time, a total of ten million 
six hundred twenty-five thousand dollars for the purpose of carrying into 
effect the provisions hereof and for that purpose may issue bonds or notes 
in the name and on behalf of the state of New Hampshire at a rate of 
interest to be determined by the governor and council. The maturity 
dates of such bonds or notes shall be determined in each case by the gov- 
ernor and council but in no case shall they be later than 1990. 

281:24 Takes Effect. This act shall take effect July 1, 1965. 
[Approved July 6, 1965.] 
[Effective as of July 1, 1965.] 



CHAPTER 282. 

AN ACT MAKING APPROPRIATIONS FOR THE EXPENSES OF CERTAIN DEPART- 
MENTS OF THE STATE FOR THE YEAR ENDING JUNE 30, 1967. 

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

282:1 Appropriations: The sums hereinafter mentioned are appro- 
priated to be paid out of the treasury of the state for the purposes speci- 
fied for the departments herein named, for the fiscal year ending June 30, 
1967, to wit: 

A continuing appropriation which shall not lapse, shall not be trans- 
ferred to any department, institution or account, and which shall be for 
the expenses of the legislature, including $184,500 for the office of leg- 
islative budget assistant to the appropriations and finance committees, 
$75,500 for the office of legislative services and $16,500 for the office of 
research analyst to the senate finance committee, as follows: (Salary of 
legislative budget assistant $17,500, other expenditures $167,000:|:) (Leg- 
islative services — other expenditures $75,500:J:]:) (Salary of research an- 
alyst to senate finance committee $9,500, other 
expenditures $7,000) $688,900 



458 Chapter 282 [1965 

Travel and expenses authorized by RSA 14-A:3 (Supp) 7,500 

Council of state governments 3,600 

Leaislative council 2,500 



Total for legislative branch 702,500 



:J;In this appropriation $5,000, or so much as necessary, may be ex- 
pended by the legislative budget assistant for an audit of the state treas- 
ury. The legislative budget assistant may 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 find- 
ings and report of said certified public accountant as fulfilling the provi- 
sions of paragraph II, section 31, chapter 14, RSA, whereby the said 
legislative budget assistant is required to audit the accounts of the state 
treasurer. The legislative budget assistant shall, when overtime or tem- 
porary assistance is necessary, obtain such assistance and determine the 
compensation therefor. 

;|:]:This appropriation includes $10,000, or so much as necessary, for 
a continuing interim study of the settlement laws. 

For executive branch: 
Office of governor: 

Salary of governor 30,000 

Other personal services: 

Otherf 51,750 



Total 81,750 

Current expenses 8,000 

Travel: 

In statej 2,500 

Out of state 2,000 

Equipment|:|: 5,000 

Other expenditures: 

Contingent fund 15,000 

Governor's special fund* 10,000 

New England governor's council 8,000 

Governor's legal counsel 7,475 

Secretary for legal counsel 2,340 

Trainee program** 22,000 



Total 164,065 

fSalaries paid out of this appropriation shall be at levels set by the 
governor. 

;J:Expense of operating and maintenance of the governor's state car 
shall be charged to this appropriation. 



1965] Chapter 282 459 

:J::|:Included in this sum is $4,000 for purchase of a new state car for 
the governor. 

*The funds appropriated under this item are to be spent by the gov- 
ernor in his own and sole discretion for state purposes, including but not 
limited to participation in the activities of the United States' Governors 
Conference, the New England Conference of Governors, and the council 
of state governments, for which monies are not otherwise appropriated. 

**The funds appropriated under tWs program shall not be trans- 
ferred or expended for any other purpose. 

Office of economic opportimity: 
Personal services: 

Temporary 40,800 

Consultants 2,000 



Total 42,800 

Current expenses 6,950 
Travel: 

In state 3,000 

Equipment 2,578 



Total 55,328 

Less federal grant 49,250 



Net appropriation 6,078* 

*State matching appropriations available for expenditure only if 
funds are available from a federal g^rant. If the federal Q;rant is reduced, 
expenditure of state matching appropriation shall be reduced propor- 
tionately. 

Emergency fund 50,000 

Operating budget contingent fund 50,000ff 

•ffTransfers from this fund are subject to prior approval by the gov- 
ernor and council and may be made to all state agency appropriations, 
excluding only the governor and council. The director of accounts shall 
keep a record of transfers approved for other than general fund agencies, 
and shall report such special fund transfers to the legislature for appro- 
priate adjustment between funds. 

Executive council: 
Personal services: 

Other — per diem 19,750 

Secretary to executive council 3,250 

Total 23,000 



460 Chapter 282 [1965 

Current expenses 2,000 

Travel: 

In state 4,500 

Out of state 500 



Other personal services: 
Permanent* 
Other 



Travel: 
In state 
Out of state 



Total for executive council 30,000 

Total for executive branch 300,143 

For judicial branch: 
For supreme court: 

Salaries of justices 113,980 

Salary of clerk-reporter 15,000 

Other personal services: 

Permanent 12,092 

Other 1,500 



Total 142,572 

Current expenses 4,600 
Travel: 

In state 1,900 

Out of state 2,175 
Other expenditures: 

N. H. supreme court reports 6,000 



Total 157,247 

Less estimated revenue 650 



Net appropriation 156,597 

For superior court: 

Salaries of judges $162,545 

Salaries of judicial referees 7,500 



50,000 
200 



Total $220,245 

Current expenses 8 500 



15,000 
1,000 



Total $244,745 

Less reimbursements 50,000* 



Net appropriation $194,745 



1965] 



Chapter 282 



461 



*In this appropriation the sum of $50,000 is for court stenographers 
which may be increased with approval of the governor and council pro- 
vided that the counties are billed for total expenditures. 

For judicial coimcil 8,850f 

fin this appropriation $5,400 shall be for the salary of the secretary. 

For probate court: 

Salaries of judges, registers and deputies $105,870 

For administrative committees: 

For district and mimicipal comts 5,950 

For probate courts 500 



$6,450 
$472,512 



$13,546 

57,916 
600 

$72,062 
7,170 

360 



$79,592 



Total 

Total for judicial branch 

For adjutant general's department: 
Central administrative office: 
Salary of adjutant general 
Other personal services: 
Permanent 
Other 

Total 
Current expenses 
Other e