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

Univeraty of 

New Hampshire 

Library 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1969 

LEGISLATURE CONVENED JANUARY 1, 1969 

ADJOURNED JULY 1, 1969 




CONCORD, N. H. 
1969 



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Printed by 

Evans Printing Company, Inc. 

Concord, N. H. 



STATE OFFICERS 

Governor Walter Peterson 

Councilors Stephen W. Smith 

Robert E. Whalen 
Joseph J. Acorace 
Bernard A. Streeter, 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 

Assistant State Treasurer Harry M. Descoteau 

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 Arthur H. Fowler 

Assistant Business Supervisors Donald Bernier 

Raymond C. Cummings 
Frank E. Adams 
Director of Division of Records 

Management and Archives Edwin H. Hunt 

Aeronautics Director John R. Sweeney 

Agriculture Commissioner Frank T. Buckley 

State Entomologist James G. Conklin 

State Veterinarian Clarence B. Dearborn 

Attorney-General George S. Pappagianis 

Deputy Attorney-General William F. Cann 

Assistant Attorneys-General Robert W. Ritchie 

David H. Souter 
Robert W. Moran 
Henry F. Spaloss 
Norman E. D'Amours 
Irma A. Matthews 
Donald A. Ingram 
W. Michael Dunn 

Director of Charitable Trusts .... John F. Beamis 

Bank Commissioner James W. Nelson 

Deputy Bank Commissioner Arlan S. MacKnight 

Assistant Bank Commissioner .... 



IV 



State Officers 



Cancer Commission 



Joseph W. Epply 

Frank Wesley Lane, Jr., M.D. 
Warren F. Eberhart, M.D. 
Michael A. Michaels, M.D. 
Morris H. Robertson, M.D. 
Clyde J. Gourley 

Civil Defense Director Francis B. McSwiney 

Education Commissioner Newell J. Paire 

Chief, Division of Vocational 

Education Neal D. Andrew 

Employment Security Commissioner . Benjamin C. Adams 

Fish and Game Director Bernard W. Corson 

Health and Welfare Commissioner . . Charles F. Whittemore 

Director of the Division of Welfare George E. Murphy 

Mental Health Director Donald M. Bramwell, M.D. 

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

State Sanatorium Superintendent . . Francis J. Kasheta, M.D. 
New Hampshire Hospital 

Superintendent Warren W. Burns, M.D. 

Laconia State School 

Superintendent Arthur E. Toll 

Registrar of Vital Statistics Marian Maloon Colby 

Veterans' Council State Director .... Jeremiah G. O'Connell 

Industrial School Superintendent . . . Michael Morello 

Prison (State) Warden Parker L. Hancock 

Insurance Commissioner John A. Durkin 

Deputy Insurance Commissioner . . Anthony J. Juliano 

Judicial Council James L. Sullivan 

John H. Ramsey 
Robert E. Farley 
Frank R. Kenison 
John H. Leahy 
Robert W. Upton 
Maurice F. Devine 
Edward J. Gallagher 
John B. Pendleton 
Kenneth E. Shaw 



State Officers 

Labor Commissioner Robert M. Duvall 

Deputy Labor Commissioner Peter W. Collins 

Legislative Services Director Henry F. Goode 

Deputy Director Arthur G. Marx 

Librarian (State) Emil W. Allen, Jr. 

Assistant Librarian Elizabeth Ann Kingseed 

Liquor (State) Commission Costas S. Tentas 

James P. Nadeau 
John Ratoff 

Personnel Commission Director Roy Y. Lang 

Deputy Director Howard Haman, Jr. 

Public Utilities Commission Thomas A. Power 

Gerard O. Bergevin 
Francis J. Riordan 

Public Works and Highways Commis- 
sioner Robert H. Whitaker 

Deputy Commissioner Ruel W. Webb 

Assistant Commissioner John T. Flanders 

Racing (State) Commission Timothy J. Connors 

Theodore R. Langdell 
Emmet J. Kelley 

Resources and Economic Develop- 
ment Commissioner Roger J. Crowley, Jr. 

Director of Division of Resources 

Development Theodore Natti 

Director of Division of Economic 

Development Elias A. McQuaid 

Director of Division of Parks Russell B. Tobey 

Safety Department Commissioner . . . Robert W. Rhodes 

Division of Motor Vehicles Director Fred L. Johnson 

Road Toll Administrator John }. Mara 

Financial Responsibility Adminis- 
trator Kenneth H. Lewis 

State Police Division Director Joseph L. Regan 

Division of Safety Services Director Oneil Houde 

State Coordinator of Highway Safety . Walter F. Mead 

State Building Sc Grounds Superin- 
tendent Arthur L. Petell, Jr. 



vi CouRis 

Sweepstakes Commission Director . . . Edward J. Powers 
Water Resources Board Chairman . . George M. McGee, Sr, 

Fire Marshal (State) Herbert L. Whitney 

Tax Commission William G. Conway 

Lawton B. Chandler 
William Maynard 



SUPREME COURT 

Chief Justice Frank R. Kenison 

Associate Justices Laurence I. Duncan 

Edward J. Lampron 
Robert F. Griffith 
William A. Grimes 

State Reporter and Clerk of Supreme 

Court George O. Shovan 



SUPERIOR COURT 

Chief Justice John H, Leahy 

Associate Justices Charles J. Flynn 

George R. Grant, Jr. 
William W. Keller 
Thomas J. Morris 
Martin F. Loughlin 
Richard P. Dunfey 
William R. Johnson 
John W. King 
Francis E. Perkins 



LEGISLATURE OF 1969 

SENATE 

President — Stewart Lamprey, Moultonborough* 
** Majority Leader — Greeley S. Buchanan 
Minority Leader — Harry V. Spanos 
Clerk — Wilmont S. White, Moultonborough 
Assistant Clerk — Roger C. Quimby, Concord 
Senate Recorder — Esther T. Hurd, Concord 
Sergeant-at-Arms — Robert K. Turner, Enfield 
Messenger — Oland Bylow, Woodsville 
Messenger — David Ringland, Surry 
Doorkeeper — Merton Webber, Windham 
Stewart Lamprey, resigned; replaced by Arthur Tufts, Exeter. 
'•Resigned. Replaced by John R. Bradshaw. 

SENATORS 



Laurier Lamontagne, d, Berlin 
Charles F. Armstrong, r, Littleton 
*Stewart Lamprey, r, Moultonborough 
George Gilman, r, Farmington 
Howard C. Townsend, r, Lebanon 
Edith B. Gardner, r, Gilford 
Alf E. Jacobson, r. New London 
Harry V. Spanos, d, Newport 
John P. H. Chandler, Jr., r, Warner 
John R. Bradshaw, r, Nelson 
Robert English, r, Hancock 
**Crceley S. Buchanan, r, Amherst 

*Resigned. Replaced by Lester E. Mitchell, Sr., r, Campton. 
** Resigned. 



Richard W. Leonard, d, Nashua 
Richard F. Ferdinando, r, Manchester 
William P. Gove, r. Concord 
Lorenzo P. Gauthier, d, Manchester 
Elmer T. Bourque, d and r, Manchester 
Paul E. Provost, d, Manchester 
Russell A. Mason, r, Brentwood 
Ronald J. Marcotte, d, Rollinsford 
James Koromilas r, Dover 
Thomas J. Claveau, d, Hudson 
Arthur Tufts, r, Exeter 
Eileen Foley, d, Portsmouth 



HOUSE OF REPRESENTATIVES 

Speaker — Marshall W. Cobleigh, Nashua 

Majority Leader — Harlan D. Logan 

Minority Leader — Robert E. Raiche 

Clerk — Francis W. Tolman, Nelson* 

Assistant Clerk — J. Milton Street, Sharon;}; 

;];Assistant Clerk — Paul E. Brown, Derry 

Sergeant-at-Arms — Lloyd G. Sherman, Lancaster 

Assistant to Sergeant-at-Arms — Carleton J. Spear, Meredith 

Chaplain — Reverend William L. Shafer, Chichester 

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

Assistant Mail Custodian — Edward G. Masi, Alexandria 

Doorkeeper — Lloyd E. Fogg, Milan 

Doorkeeper — Florence M. Gould, Wentworth's Location 

Doorkeeper — Herbert R. Richardson, Randolph 

Acting Doorkeeper — Jess Barney, Rumney 

•Deceased. Replaced by J. Milton Street, Sharon 
^Assistant Clerk — Paul E. Brown, Derry 

vii 



Vlll 



The Legislature of 1969 



BELKNAP COUNTY 



Dist. No. 1 (Center Harbor, New Hamp- 
ton) 

H. Thomas Urie, r, New Hampton 
Dist. No. 2 (Meredith) 

Stuart B. Allan, r, Meredith 

Robert M. Lawton, r, Meredith 
Dist. No. 3 (Sanbornton, Tilton) 

Earle F. Randall, r, Tilton 

Charles B. Roberts, r, Sanbornton 
Dist. No. 4 (Gilford) 

Esther R. Nighswander, r, Gilford 
Dist. No. 5 (Beknont) 

Marion Wuelper, r and d, Belmont 
Dist. No. 6 (Bamstead, Gilmanton) 

George B. Roberts, Jr., r, Gilmanton 
Dist. No. 7 (Alton) 

Jakob Mutzbauer, r, Alton 



Dist. No. 8 (Laconia, Ward 1) 

Romeo R. deBlois, r, Laconia 
Willard G. Martin, Jr., r, Laconia 

Dist. No. 9 (Laconia, Ward 2) 

Ann G. Dearborn, d and r, Laconia 
Margaret E. Normandin, d and r, La- 
conia 

Dist. No. 10 (Laconia, Wards 3 & 4) 
George A. Head, r, Laconia 
Oscar C. Prescott, r, Laconia 

Dist. No. H (Laconia, Ward 5) 
Lucien R. Dulac, d, Laconia 
Dorothy V. Randlett, r, Laconia 

Dist. No. 12 (Laconia, Ward 6) 
Claude W. Foster, r, Laconia 
George W. Stafford, r, Laconia 



CARROLL COUNTY 



Dist. No. 1 (Bartlett, Chatham, Hale's 
Loc, Hart's Loc, Jackson.) 

Donalda K. Howard, r, Bartlett 
Dist. No. 2 (Conway) 

Grace N. Cox, r, Conway 

Esther M. Davis, r, Conway 

Milburn F. Roberts, r, Conway 
Dist. No. 3 (Albany, Eaton, Effingham, 

Freedom, Madison) 

J. Donald Hayes, r, Madison 
Dist. No. 4 (Sandwich, Tamworth) 

Earle H. Remick, r, Tamworth 



Dist. No. 5 (Moultonborough, Tufton- 

boro) 

Dorothy W. Davis, r, Moultonborough 
Dist. No 6 (Ossipee) 

Edward P. Hickey, r, Ossipee 
Dist. No. 7 (Wolfeboro) 

Russell C. Chase, r, Wolfeboro 

Russell Gould Claflin, r, Wolfeboro 
Dist. No. 8 (Brookfield, Wakefield) 

Arthur H. Fox, r, Wakefield 



CHESHIRE 

Dist. No. 1 (Walpole) 

Louis S. Ballam, r, Walpole 

Edward A. Johnson, r, Walpole 
Dist. No. 2 (Surry, Westmoreland) 

Lawry W. Churchill, r, Westmoreland 
Dist. No. 3 (Alstead, Gilsum, Marlow) 

Roxie A. Forbes, r and d, Marlow 
Dist. No. 4 (Dublin, Harrisville, Nelson, 

Stoddard, Sullivan) 

C. R. Trowbridge, r, Dublin 
Dist. No. 5 (Marlborough, Roxbury) 

Edward R. Danielchik, d, Marl- 
borough 
Dist. No. 6 (Jaffrey) 

Charles R. Austin, r, Jaffrey 

Wilfred W. Cournoyer, d, Jaffrey 



COUNTY 

Dist. No. 7 (Troy) 

Charles L. McGinness, d, Troy 

Dist. No. 8 (Fitzwilliam, Rindge) 
James F. Allen, r, Rindge 

Dist. No. 9 (Richmond, Winchester) 
Jennie B. Bennett, r, Richmond 
Elmer L. Johnson, r, Winchester 

Dist. No. 10 (Hinsdale) 

Alf Halvorson, r and d, Hinsdale 

Dist. No. 11 (Swanzey) 

Janet W. Dunham, r and d, Swanzey 
Jacob M. Hackler, r and d, Swanzey 
Willard L. Thompson, r, Swanzey 

Dist. No. 12 (Chesterfield) 

James E. O'Neil, r, Chesterfield 



The Legislature of 1969 



IX 



Dist. No. 13 (Keene, Ward 1) 
Barbara B. Battenfeld, d, Keene 
Sumner W. Raymond, r, Keene 
Chris J. Tasoulas, r, Keene 

Dist. No. 14 (Keene, Ward 2) 
Stephen W. Pollock, Sr., r and d, 

Keene 
Michael J. Saunders, d, Keene 

Dist. No. 15 (Keene, Ward 3) 



Francis P. Callahan, r, Keene 
Cleon E. Heald, r, Keene 

Dist. No. 16 (Keene, Ward 4) 

Lawrence H. MacKenzie, r, Keene 
Frank W. Walker, r, Keene 

Dist. No. 17 (Keene, Ward 5) 
Sheldon L. Barker, r, Keene 
Harold F. Drew, r, Keene 
Philip D. Moran, r, Keene 



COOS COUNTY 



Dist. No. 1 (Clarksville, Colebrook, Co- 
lumbia, Dixville, Pittsburg, Stewarts- 
town) 

Harry F. Huggins, r, Pittsburg 
Harry N. Marsh, r, Colebrook 
Chester D. Noyes, r, Stewartstown 

Dist. No. 2 (Erving's Grant, Northum- 
berland, Odell, Stark, Stratford) 
Walter O. Bushey, d and r, Northum- 
berland 

Roger L. Hunt, d, Stratford 
A. George Manning, d, Northum- 
berland 

Dist. No. 3 (Kilkenny, Lancaster) 
Arthur M. Drake, r, Lancaster 
Ralph D. Shute, r, Lancaster 

Dist. No. 4 (Whitefield) 

Harold W. Burns, d and r, Whitefield 

Dist. No. 5 (Gorham) 

Richard E. O'Hara, d and r, Gorham 
Otto H. Oleson, d and r, Gorham 

Dist. No. 6 (Berlin, Ward 1) 
Leon T. Dubey, d, Berlin 
Guy J. Fortier, d, Berlin 
Edgar J. Roy, d, Berlin 

Dist. No. 7 (Berlin, Ward 2) 
Romeo A. Desilets, d, Berlin 



George T. Studd, d, Berlin 
Elmer H. York, d, Berlin 

Dist. No. 8 (Berlin, Ward 3) 

Hilda C. F. Brungot, r and d, Berlin 
George Lemire, d, Berlin 
Percy W. McCuin, r, Berlin 

Dist. No. 9 (Berlin, Ward 4) 

Rebecca A. Gagnon, d and r, Berlin 
Emile J. Parent, d, Berlin 
Romeo J. Theriault, d, Berlin 

Dist. No, 10 (Atkinson-Gibnanton Acad- 
emy Grant, Bean's Grant, Bean's Pur- 
chase, Cambridge, Chandler's Piu^- 
chase, Crawford's Purchase, Cutt's 
Grant, Dix's Grant, Dummer, Errol, 
Green's Grant, Hadley's Purchase, Low 
and Biurbank's Grant, Martin's Loca- 
tion, Milan, Millsfield, Pinkham's 
Grant, Sargent's Piurchase, Second Col- 
lege Grant, Shelburne, Success, 
Thompson and Meserve's Purchase, 
Wentworth's Location) 
George O. Thurston, r, Errol 

Dist. No. 11 (Carroll, Dalton, Jefferson, 
Randolph) 
Mabel L. Richardson, r, Randolph 



GRAFTON COUNTY 



Dist. No. 1 (Bethlehem, Littleton) 

Van H. Gardner, r, Littleton 
Marcia Tefft Rich, r, Littleton 
Malcolm J. Stevenson, r, Bethlehem 
John H. Tilton, r, Littleton 
Dist. No. 2 (Easton, Franconia, Wood- 
stock) 

Wayne G. Higgins, r and d, Wood- 
stock 



Dist. No. 3 (Lincoln, Livermore) 

Edna B. McGee, d and r, Lincoln 
Dist. No. 4 (Lisbon, Sugar Hill) 

George Brummer, d, Lisbon 
Dist. No. 5 (Bath, Benton, Landaff, 

Lyman, Monroe) 

Nelson H. Chamberlin, r, Bath 
Dist. No. 6 (Haverhill) 

Phil A. Bennett, r and d, Haverhill 



The Legislature of 1969 



Norman A. McMeekin, r, Haverhill 
Dist. No. 7 (Piermont, Warren, Went- 

worth) 

Fayne E. Anderson, r, Warren 
Dist. No. 8 (Lyme, Orford) 

Hazel I. Park, r, Lyme 
Dist. No. 9 (Hanover) 

John C. Cone, r and d, Hanover 

*William R. Johnson, r, and d, Han- 
over 

Laurence L Radway, d and r, Han- 
over 
Dist, No. 10 (Alexandria, Bridgewater, 

Dorchester, Grafton, Groton, Hebron, 

Orange) 

Manson B. Smith, r, Hebron 
Dist. No. 11 (Lebanon, Ward 1) 

Robert G. Dow, r, Lebanon 

Carl P. Foster, r, Lebanon 
Dist. No. 12 (Lebanon, Ward 2) 

Roger M. Duhaime, d, Lebanon 

*Resigned. Replaced by David C. Nutt, r. 
**Resigned. Elected Senator Dist. No. 3. 



Wilfred J. Trembly, d and r, Lebanon 
Dist. No. 13 (Lebanon, Ward 3) 

Frances B. Dudley, r and d, Lebanon 

Shirley K. Merrill, r, Lebanon 
Dist. No. 14 (Canaan) 

Norman H. Ellms, r, Canaan 
Dist. No. 15 (Eniield) 

Arthur W. Blain, r, Enfield 
Dist. No. 16 (Bristol) 

Ernest C. Hopkins, r and d, Bristol 
Dist. No. 17 (Ashland) 

Harold V. Buckman, r, Ashland 
Dist. No. 18 (Plymouth) 

Kenneth G. Bell, r, Plymouth 

Madison W. Sears, r, Plymouth 
Dist. No. 19 (Campton, Ellsworth, Hol- 

derness, Rumney, Thornton, Water- 

ville Valley) 

Herbert H. Karsten, r, Holderness 
**Lester E. Mitchell, Sr., r, Campton 



HILLSBOROUGH COUNTY 



Dist. No. 1 (Antrim, Bennington) 

Theodore Aucella, r, Bennington 

Dist. No. 2 (Deering, Hillsborough, 
Windsor) 

Joseph M. Eaton, r and d, Hillsbo- 
rough 
* David A. Sterling, r and d, Hillsbo- 
rough 

Dist. No. 3 (Weare) 

Frank N. Sawyer, r, Weare 

Dist. No. 4 (Goffstown) 

H. Allen Brown, r, Goffstown 
Alice Tirrell Knight, r, Goffstown 
Barbara S. Poehlman, d, Goffstown 
Roland E. Vallee, r, Goffstown 
Charles A. Weilbrenner, d, Goffstown 

Dist. No. 5 (Francestown, New Boston) 
David L. Nixon, r and d. New Boston 

Dist. No. 6 (Greenfield, Hancock) 
L. Albert Daloz, Sr., r, Hancock 

Dist. No. 7 (Peterborough, Sharon) 
Arthur F. Mann, r, Peterborough 
Fred E. Murray, r, Peterborough 



Dist. No. 8 (New Ips^vich) 

Theodore H. Karnis, r. New Ipswich 

Dist. No. 9 (Greenville) 

O. John Fortin, d, Greenville 

Dist. No. 10 (Lyndeborough, Temple, 
Wilton) 

Philip C. Heald, Jr., r and d, Wilton 
Edward G. Warren, r, Lyndeborough 

Dist. No. 11 (Milford) 

Malcolm M. Carter, r, Milford 
Roscoe N. Coburn, r, Milford 
Charles W. Ferguson, Jr., r, Milford 

Dist. No. 12 (Amherst, Mont Vernon) 
Orson H. Bragdon, r, Amherst 
Kenneth W. Spalding, Jr., r, Amherst 

Dist. No. 13 (Brookline, Hollis, Mason) 
Webster E. Bridges, Jr., r, Brookline 
Daniel Brocklebank, r, Hollis 

Dist. No. 14 (Nashua, Ward 1) 
Maurice L. Bouchard, r, Nashua 
Jean R. Wallin, d, Nashua 

Dist. No. 15 (Nashua, Ward 2) 
Helen A. Barker, r, Nashua 



^Deceased. Replaced by William P. Bittenbender, r, Deering. 



The Legislature of 1969 



XI 



Marshall W. Cobleigh, r, Nashua 
Louis D. Record, Jr., r, Nashua 

Dist. No. 16 (Nashua, Ward 3) 
Agenor Belcourt, d, Nashua 
Roland H. LaPIante, d, Nashua 
Romeo R. Lesage, d, Nashua 

Dist. No. 17 (Nashua, Ward 4) 
Peter R. Cote, d, Nashua 
A. Theresa Drabinowicz, d, Nashua 
Samuel F. Mason, d, Nashua 

Dist. No. 18 (Nashua Ward 5) 
William A. Desmarais, d, Nashua 
Henry J. Lachance, d, Nashua 
Arthur Poliquin, d, Nashua 

Dist. No. 19 (Nashua, Ward 6) 
Arthur J. Bouley, d, Nashua 
Francis J. Chamard, d, Nashua 
Margaret S. Cote, d, Nashua 

Dist. No. 20 (Nashua Ward 7) 
Adelard J. Aubut, d, Nashua 
Ralph W. Boisvert, d, Nashua 
Wilfrid A. Boisvert, d, Nashua 

Dist. No. 21 (Nashua, Ward 8) 
Robert A. Dion, d, Nashua 
Eugene I. DuBois, d, Nashua 
Leo O. Sirois, r, Nashua 

Dist. No. 22 (Nashua, Ward 9) 
Oscar P. Bissonnette, d, Nashua 
Ernest R. Coutermarsh, d, Nashua 
John H. LaTour, d, Nashua 

Dist. No. 23 (Hudson) 

John M. Bednar, d, Hudson 
Christopher F. Gallagher, d, Hudson 
Phyllis M. Keeney, r, Hudson 
Robert C. Lynch, r, Hudson 

Dist. No. 24 (Pelham) 
Miles J. Cares, d, Pelham 
Arthur H. Peabody, d, Pelham 

Dist. No. 25 (Merrimack) 

Harold W. Watson, r, Merrimack 
*John W. Wright, Jr., r, Merrimack 

Dist. No. 26 (Bedford, Litchfield) 
Frederick D. Goode, r, Bedford 
John J. Loxton, r, Bedford 
Anna S. VanLoan, r and d, Bedford 



Dist. No. 27 (Manchester Ward 1) 

Edward I. Carmen, r, Manchester 
Maria L. Carrier, d, Manchester 
George A. Lang, r, Manchester 
Norman F. Milne, Jr., r, Manchester 
Emile J. Soucy, r, Manchester 
Kimon S. Zachos, r, Manchester 

Dist. No. 28 (Manchester, Ward 2) 
William J. Gardner, r, Manchester 
J. Henry Montplaisir, r, Manchester 
Francis Murphy, r, Manchester 
Harry E. Nyberg, r, Manchester 
Antoinette B. Roy, r, Manchester 

Dist. No. 29 (Manchester, Ward 3) 
George A. Bruton, d, Manchester 
Joseph Cote, d, Manchester 
Leo L. Dion, d, Manchester 
Armand L. Duhaime, d, Manchester 

Dist. No. 30 (Manchester, Ward 4) 
William J. Cullity, d, Manchester 
Walter F. McDermott, d, Manchester 
John L. Welch, d, Manchester 

Dist. No. 31 (Manchester, Ward 5) 
Stanley J. Betley, d, Manchester 
Thomas E. Manning, d, Manchester 
Edward J. Walsh, d, Manchester 

Dist. No. 32 (Manchester, Ward 6) 
William F. Barrett, d, Manchester 
Denis F. Casey, d, Manchester 
Edward D. Clancy, d, Manchester 
Daniel J. Healy, d and r, Manchester 
Joseph Lomazzo, d and r, Manchester 
Michael F. O'Connor, d, Manchester 

Dist. No. 33 (Manchester, Ward 7) 
Edward T. LaFrance, d, Manchester 
Charles J. Leclerc, d, Manchester 
**Albina S. Martel, d, Manchester 
P. Robert Thibeault, d, Manchester 

Dist. No. 34 (Manchester, Ward 8) 
JAlphonse L. Bernier, d, Manchester 
Herman A. Campono, d, Manchester 
Edward Champagne, d, Manchester 
Michel Chevrette, d, Manchester 
Eugene Delisle, Sr., d, Manchester 
Ernest Derome, d, Manchester 



*Resigned. Replaced by Harold V. Buker, r. 
**Deceased. Replaced by Joseph Martel, d. 
I Deceased. 



Xll 



The Legislature of 1969 



Robert E. Raiche, d, Manchester 

Dist. No. 35 (Manchester, Ward 9) 
Michael P. Walsh, d, Manchester 

Dist. No. 36 (Manchester, Ward 10) 
Gerard H. Belanger, d, Manchester 
:]::|:Alfred A. Bergeron, d, Manchester 
James P. O'Connor, d, Manchester 
James A. Sweeney, Jr., d, Manchester 

Dist. No. 37 (Manchester, Ward 11) 
Daniel J. Clear, d, Manchester 
Francis T. Nourie, d, Manchester 
Arthur Storm, d, Manchester 

Dist. No. 38 (Manchester, Ward 12) 
f Louis P. LaPlante, d, Manchester 

;J;|Deceased. Replaced by Herbert Goedecke, r. 
fResigned. Replaced by Armand Capistran, d. 



Alphonse Levasseur, d, Manchester 
Joseph C. Nalette, d, Manchester 

Dist. No. 39 (Manchester, Ward 13) 
Edmond Allard, d, Manchester 
Lucien G. Lambert, d, Manchester 
Josaphat Lavallee, d, Manchester 
Origene E. Lesmerises, d, Manchester 
Hector J. Rousseau, d, Manchester 

Dist. No. 40 (Manchester, Ward 14) 
John A. Burke, d, Manchester 
Emmett J. Grady, d, Manchester 
Edward P. McGrail, d, Manchester 
Marcel A. Vachon, d, Manchester 



MERRIMACK COUNTY 



Dist. No. 1 (New London) 

William T. Andrews, r. New London 
Dist. No. 2 (Bradford, Newbury, Sutton,) 

Kenneth L. Slierman. r, Newbury 
Dist. No. 3 (Warner, Webster) 

L. Waldo Bigelow, Jr., r, Warner 
Dist. No. 4 (Henniker) 

Irene L. Reed, r, Henniker 
Dist. No. 5 (Dunbarton, Hopkinton) 

Robert H. Gile, r, Hopkinton 

Samuel Reddy, Jr., r, Hopkinton 
Dist. No. 6 (Bow) 

Richard D. Hanson, r, Bow 
Dist. No. 7 (Hooksett) 

Albert E. Beauchesne, d, Hooksett 

Edward H. Enright, r, Hooksett 
Dist. No. 8 (Allenstown) 

Ovila Gamache, d, Allenstown 
Dist. No. 9 (Pembroke) 

John B. Goff, d, Pembroke 

Joseph H. Robinson, d, Pembroke 
Dist. No. 10 (Chichester, Epsom) 

Clarence E. Bartlett, r and d, Epsom 
Dist. No. 1 1 (Pittsfield) 

Fred Avery, r and d, Pittsfield 

Ann L. Mousseau, r, Pittsfield 
Dist. No. 12 (Canterbury, Lovidon) 

George D. Kopperl, r, Canterbury 
Dist. No. 13 (Northfield) 

Charles H. Bent, r, Northfield 
Dist. No. 14 (Franklin, Ward 1) 

Joseph Burleigh, r, Franklin 
Dist. No. 15 (Franklin, Ward 2) 

John P. Dempsey, d, Franklin 



Wiggin S. Oilman, d, Franklin 

Dist. No. 16 (Franklin, Ward 3) 
A. Stephen Greeley, r, Franklin 
Leo LI. Laroche, d, Franklin 

Dist. No. 17 (Boscawen) 

Russell C. Mattice, r, Boscawen 

Dist. No. 18 (Andover, Salisbury) 
Alfred E. Welch, r, Andover 

Dist. No. 19 (Danbury, Hill, Wihnot) 
John R. Michels, r and d, Danbury 

Dist. No. 20 (Concord, Ward 1) 
Milton A. Gate, r. Concord 
Edward H. York, d, Concord 

Dist. No. 21 (Concord, Ward 2) 
Alice Davis, r. Concord 

Dist. No. 22 (Concord, Ward 3) 
Arthur F. Henry, r, Concord 

Dist. No. 23 (Concord, Ward 4) 
Charles H. Cheney, Sr., r, Concord 
Susan N. McLane, r, Concord 
Winfield J. Phillips, r. Concord 

Dist. No. 24 (Concord, Ward 5) 
Richard H. Horan, Sr., r, Concord 
Roger A. Smith, r, Concord 

Dist. No. 25 (Concord, Ward 6) 
Chris K. Andersen, r, Concord 
Wilfred B. Howland, r. Concord 
Maurice B. MacDonald, r, Concord 
Horace W. Sanders, r. Concord 

Dist. No. 26 (Concord, Ward 7) 
Roland F. Fuller, r. Concord 
William F. Glavin, r, Concord 
C. Edwin Howard, r. Concord 
Henry C. Newell, r, Concord 



The Legislature of 1969 



xui 



Dist. No. 27 (Concord, Ward 8) 

Lila S. Chase, r, Concord 

*Doiiald J. Welch, r and d. Concord 

*Deceased. Replaced by Shirley B. Welch, r. 



Dist. No. 28 (Concord, Ward 9) 
Kenneth M. Tarr, d. Concord 



ROCKINGHAM COUNTY 



Dist. No. 1 (Deerfield, Northwood, Not- 
tingham) 

John T. Fernald, r, Nottingham 

John H. Stimmell, r, Northwood 
Dist. No 2 (Candia) 

Karl J. Persson, r, Candia 
Dist. No. 3 (Auburn) 

Margaret A. Griffin, r and d. Auburn 
Dist. No. 4 (Londonderry) 

Charles H. Hall, r, Londonderry 

Edward J. Ormiston, r, Londonderry 
Dist. No. 5 (Derry) 

Feme P. Adams, r, Derry 

Charles H. Gay, r, Derry 

Hayford T. Kimball, r, Derry 

Maurice W. Read, r, Derry 

Kenneth L. Senter, r, Derry 
Dist. No. 6 (Windham) 

Maurice E. Tarbell, r, Windham 
Dist. No. 7 (Salem) 

Anthony DeCesare, Jr., d, Salem 

Jeanette Gelt, r, Salem 

Arthur B. Marden, r, Salem 

Roy Morrill, r, Salem 

Bessie M. Morrison, r, Salem 

James A. Sayer, r, Salem 
Dist. No. 8 (Atkinson, Kingston) 

Ernest D. Clark, r, Kingston 

George W. White, Sr., r and d, At- 
kinson 
Dist. No. 9 (Plaistow) 

Mildred L. Palmer, r, Plaistow 

Annie Mae Schwaner, r, Plaistow 
Dist. No. 10 (Hampstead) 

Doris M. Spollett, r, Hampstead 
Dist. No. 11 (Danville, Fremont, San- 
down) 

Charles E. Cummings, r, Danville 
Dist. No. 12 (Chester, Raymond) 

J. Henry Greenwood, r, Raymond 

Russell E. Underwood, r, Chester 

**Resigned. 



Dist. No. 13 (Brentwood, Epping) 

Vera E. Goodrich, r, Epping 
John Hoar, Sr., r, Epping 

Dist. No. 14 (Newmarket) 

F. Albert Sewall, d, Newmarket 
John Twardus, d, Newmarket 

Dist. No. 15 (Newfields, Stratham) 

W. Douglas Scamman, Jr., r, Stratham 

Dist. No. 16 (Exeter) 

Lyman E. Collishaw, r, Exeter 
Edwin W. Eastman, r, Exeter 
Edward A. Gage, r, Exeter 
F. Leroy Junkins, r, Exeter 
Robert W. Varrill, r, Exeter 

Dist. No. 17 (East Kingston, Seabrook, 
South Hampton) 
Stanley A. Hamel, r, Seabrook 
Anthony T. Randall, r, Seabrook 

Dist. No 18 (Newton) 

George L. Cheney, r, Newton 

Dist. No, 19 (Hampton Falls, Kensing- 
ton) 

Marguerite B. Fiske, r, Hampton 
Falls 

Dist. No. 20 (Hampton) 

Herbert A. Casassa, r, Hampton 

**John J. Ratoff, r, Hampton 

C. Dean Shindledecker, r, Hampton 

Dist. No. 21 (North Hampton) 

James F. Leavitt, r, North Hampton 

Dist. No. 22 (New Castle, Rye) 
Elizabeth A. Greene, r. Rye 
Ralph F. Hammond, r. Rye 
Richard S. Lockhart, r. New Castle 

Dist. No. 23 (Greenland, Newington) 
Edna B. Weeks, r, Greenland 

Dist. No. 24 (Portsmouth, Ward 1) 
Mary E. Keefe, d, Portsmouth 
Ralph C. Maynard, d, Portsmouth 
Archie D. McEachern, d, Portsmouth 



XIV 



The Legislature of 1969 



Dist. No. 25 (Portsmouth, Ward 2) 

Raimond Bowles, r, Portsmouth 
Anna C. Dorley, d, Portsmouth 
Jeremiah Quirk, r, Portsmouth 
Dist. No. 26 (Portsmouth, Ward 3) 
C. Cecil Dame, r, Portsmouth 
Joseph A. McEachern, d, Portsmouth 
*Clayton E. Osborn, r, Portsmouth 

*Deceased. 



Dist. No, 27 (Portsmouth, Ward 4) 

J. Walter Jameson, r, Portsmouth 
*Julia H. White, r, Portsmouth 

Dist. No, 28 (Portsmouth, Ward 5) 
Hector Coussoule, d, Portsmouth 
James R. Splaine, r, Portsmouth 

Dist. No. 29 (Portsmouth, Ward 6) 
Wayne T. Bowlen, d, Portsmouth 
Shirley Croft, d, Portsmouth 



STRAFFORD COUNTY 



Dist, No. 1 (Middleton, Milton) 

Ruth H. Dawson, r, Milton 

Dist. No. 2 (Farmington, New Durham, 
Strafford) 

Ralph W. Canney, r, Farmington 
Robert B. Drew, r, Farmington 
Fred O. Tebbetts, r, Farmington 

Dist. No. 3 (Barrington, Madbury) 
Kenneth S. Morrow, r, Madbury 

Dist. No, 4 (Durham, Lee) 
Shirley M. Clark, r, Lee 
Alexander Cochrane, r, Durham 
Wayne Shirley, r, Durham 
Loring V. Tirrell, r, Durham 

Dist. No. 5 (Rollinsford) 

Grace L. Joncas, d, Rollinsford 

Dist. No. 6 (Somersworth, Ward 1) 

Sarkis N. Maloomian, d, Somersworth 

Dist. No, 7 (Somersworth, Ward 2) 
Napoleon A. Habel, d, Somersworth 

Dist. No. 8 (Somersworth, Ward 3) 
Peter N. Chasse, d, Somersworth 
Roland N. Hebert, d, Somersworth 

Dist. No. 9 (Somersworth, Wards 4 & 5) 
Henry Boire, d, Somersworth 
Roland W. Dumais, d, Somersworth 

Dist. No. 10 (Rochester, Ward 1) 
Ernest L. Rolfe, r, Rochester 

Dist, No. 11 (Rochester, Ward 2) 
Grant J. Berkey, r, Rochester 
Barbara C, Thompson, r, Rochester 



Dist. No. 12 (Rochester, Ward 3) 

Daniel J. Hussey, r, Rochester 

Harold J. Vickery, r, Rochester 
Dist, No, 13 (Rochester, Ward 4) 

Leo E. Beaudoin, d, Rochester 

Lucien G. Levesque, d, Rochester 
Dist. No. 14 (Rochester, Ward 5) 

Howell F. Preston, r, Rochester 

Richard L. Smith, r and d, Rochester 
Dist. No, 15 (Rochester, Ward 6) 

Arnold T. Clement, r, Rochester 
J. Thornton Tripp, r, Rochester 
Dist, No, 16 (Dover, Ward 1) 

Max W. Leighton, r, Dover 

Raymond B. Peabody, r, Dover 

Harry H. Pray, r, Dover 
Dist. No. 17 (Dover, Ward 2) 

Mary E. Bernard, d, Dover 

Sadie C. Webber, d, Dover 
Dist, No, 18 (Dover, Ward 3) 

Carroll E. Fellows, r, Dover 

Peter J. Murphy, d, Dover 

Jonn T. Young, r, Dover 
Dist, No. 19 (Dover, Ward 4) 

Paul L. Kinney, r, Dover 

Aram Parnagian, r, Dover 

Harriett W. B. Richardson, r, Dover 

Keith H. Torr, r, Dover 
Dist. No. 20 (Dover, Ward 5) 

John Maglaras, d, Dover 



SULLIVAN COUNTY 



Dist. No. 1 (Grantham, Plain field) 
Harlan D. Logan, r, Plainfield 

Dist. No. 2 (Cornish, Croydon) 
James F. Mackintosh, r, Cornish 



Dist. No, 3 (Claremont, Ward 1) 

William L. Gaffney, d, Claremont 
Omer A. Rousseau, d, Claremont 



The Legislature of 1969 



XV 



Dist. No. 4 (Claremont, Ward 2) 

George W. Angus, r, Claremont 
Allan P. Campbell, r, Claremont 
Sam J. Nahil, r, Claremont 
Roma A. Spaulding, r, Claremont 

Dist. No. 5 (Claremont, Ward 3) 
Arthur W. Barrows, d, Claremont 
Carmine F. D'Amante, d, Claremont 
Ruth M. Hamilton, d, Claremont 

Dist. No. 6 (Newport) 

Robert A. Coggeshall, r, Newport 
Maurice J. Downing, d, Newport 



James A. Saggiotes, r, Newport 

William F. Tracey, d, Newport 
Dist. No. 7 (Charlestown, Unity) 

Martha McD. Frizzell, r and d , 
Charlestown 

Donald B. Galbraith, r, Charlestown 
Dist. No. 8 (Springfield, Sunapee) 

George R. Merrifield, r and d , Sun- 
apee 
Dist. No. 9 (Acworth, Goshen,, Langdon, 

Lempster, Washington) 

Stanley H. Williamson, r, Goshen 



LAWS 



OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1969 



CHAPTER 1. 

AN ACT AUTHORIZING THE EXPENDITURE OF FUNDS FOR AREA AND 
COOPERATIVE SCHOOLS. 

Whereas, the legislature appropriated certain funds for reorganization 
incentive aid to cooperative school districts and did not include aid to area 
schools, and 

Whereas, the state board of education understood that the area schools 
were to share in the amount appropriated for each year of the biennium as 
provided under RSA 198:18 and RSA 195-A:10, and 

AV'^hereas, tlie state board of education determined that the area schools' 
share of the $250,000 appropriated for fiscal 1968 was |47,630.82 and the 
area schools' share of the $450,000 appropriated for fiscal 1969 was $109,- 
821.93, now therefore 

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

1:1 Appropriation Expenditures. The state board of education may 
expend any sums appropriated by the 1967 general court for reorganiza- 
tion incentive aid and not distributed under the provisions of RSA 198:18 
for the purpose of distributing funds to area schools under the provisions 
of RSA 195-A:10. 

1:2 Effective Date. This act shall take effect upon its passage. 
[Approved January 28, 1969.] 
[Effective date January 28, 1969.] 



CHAPTER 2. 

AN ACT RELATIVE TO REQUIRED EQUIPMENT ON MOTORCYCLES. 

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

2:1 Required Equipment. Amend RSA by inserting after 263:29-f the 
following new section: 263:29-g Equipment. Every motorcycle operated 
or driven upon the ways of this state shall have footrests for each person 
operating or riding upon the same and a rear view mirror. 

2:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 10, 1969.] 
[Effective date April 11, 1969.] 



2 Chapter 3 [1969 

CHAPTER 3. 

AN ACT RELATIVE TO THE COLOR OF SCHOOL BUSES. 

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

3:1 Vehicle Formerly Used as School Bus to be Repainted. Amend 
RSA 262-A, by inserting after section 53 the following new section: 
262-A:53-a Vehicle Formerly Used as School Bus to be Repainted. Any 

person who operates a motor vehicle formerly used as a school bus, as de- 
fined in RSA 263:26-a, on the highways of the state shall cause it to be 
painted a color readily distinguishable from national school bus chrome. 

3:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 10, 1969.] 
[Effective date April 11, 1969.] 



CHAPTER 4. 



AN ACT REQUIRING AN INSTITUTION OF HIGHER LEARNING WHICH HAS CEASED TO 

CONDUCT COURSES TO FILE ITS RECORDS WITH THE COORDINATING BOARD AND 

TO BE RE-EVALUATED BY SAID BOARD IF INSTRUCTION IS RESUMED. 

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

4:1 Higher Education Corporations. Amend RSA 292 by inserting 
after section 8-k, as inserted by 1965, 44:1 the following new section: 292: 
8-kk Reports Required. When any institution of higher learning ceases 
the regular conduct of instruction, either temporarily or permanently, 
whether or not the corporation is dissolved, the academic record, or a leg- 
ible, certified copy thereof, of each student who has been registered for 
instruction at the institution shall be forwarded to the coordinating board 
of advanced education and accreditation, together with an explanation of 
the institution's credit and grading system. The coordinating board of ad- 
vanced education and accreditation shall preserve these records and upon 
request of the individual concerned shall furnish a certified copy, or reason- 
able number of such copies, of the individual's record. The fee for each 
record so furnished shall be one dollar, to be paid to said board. Said fees 
shall be credited to the appropriation for said board. 

4:2 Re-evaluation. Amend RSA 292 by inserting after section 8-f 
(supp) as amended by 1967, 288:2 the following new section: 292:8-ff Re- 
activation. Any institution of higher learning which has not conducted 
regular instruction for three consecutive years and whose charter has not 
been repealed shall, before announcing a resumption of instruction, submit 
its plans to the board and be evaluated and approved in the same way as 
required of new institutions under section 8-f. 

4:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 10, 1969.] 
[Effective date April 11, 1969.] 



1969] Chapter 5 3 

CHAPTER 5. 

AN ACT RELATIVE TO COUNTY APPROPRIATIONS FOR COOPERATIVE 
EXTENSION SERVICE. 

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

5:1 Authority for Appropriation. Amend RSA 24:10 by striking out 
said section and inserting in place thereof the following: 24:10 County 
Cooperative Extension Service Work. The county convention may raise 
and appropriate funds to supplement state and federal funds appropriated 
for the support of cooperative extension service work conducted in co- 
operation with the University of New Hampshire and the federal depart- 
ment of agriculture in furtherance of the so-called Smith-Lever Act as 
accepted by the state under the provisions of chapters 194 and 195 of the 
Laivs of 1915. The sums appropriated and any other funds that may be- 
come available shall be expended through a county cooperative extension 
service council which is authorized to sponsor and guide this educational 
^vork. If there is no such council the sums appropriated may be expended 
by any other administrative entity legally established for the purposes of 
the Smith-Lever Act. 

5:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[Effective date April 12, 1969.] 



CHAPTER 6. 



AN ACT TO PROVIDE THAT APPOINTMENTS TO FILL VACANCIES IN BOARDS OF 
SUPERVISORS OF THE CHECK-LIST SHALL BE FOR THE UNEXPIRED TERMS. 

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

6:1 Supervisors of Check-List, Vacancies. Amend RSA 55:4 (supp) as 
amended by 1965, 358:3 by striking out in lines five and six the words "un- 
til the next biennial election at which time a successor shall be chosen to 
hold office" so that said section as amended shall read as follows: 55:4 
Vacancies. Vacancies in the board shall be filled by the remaining members. 
If there is only one member of the board, or if the whole board shall be 
vacant, the moderator shall make the appointments. Any such appointee 
shall be of the same political party as the supervisor whose place he is fill- 
ing and he shall hold office for the unexpired term. All such appointments 
shall be made in writing and be recorded. 

6:2 Effective Date. This act shall take effect sixty days after its passage. 

[Approved February 11, 1969.] 
[Effective date April 12, 1969.] 



4 Chapter 7 [1969 

CHAPTER 7. 

AN ACT INCREASING THE FEE FOR NON-RESIDENT HUNTING LICENSES. 

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

7:1 Fee Increased. Amend RSA 214:9, VI as amended by 1955, 324:2 
by striking out in the first line the words "twenty-five" and inserting in 
place thereof the word (thirty) so that said paragraph as amended shall 
read as follows. VI. If the applicant is a non-resident and wishes to hunt, 
thirty dollars, and said agent shall thereupon issue a non-resident hunting 
license which shall entitle the licensee to hunt, shoot, kill and take, except 
by the use of traps, and to transport game birds and game animals, under 
the restrictions of this title. 

7:2 Effective Date. This act shall take effect January 1, 1970. 
[Approved February 11, 1969.] 
[Effective date January' 1, 1970.] 



CHAPTER 8. 

AN ACT RELATIVE TO THE PENALTY FOR MISUSE OF FISH AND GAME LICENSES. 

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

8:1 Penalty. Amend RSA 214:37 as amended by 1959, 29:2 by striking 
out said section and inserting in place thereof the following: 214:37 Fines. 
Any person who violates the provisions of this chapter shall be fined not 
less than fifty dollars nor more than one hundred dollars no portion of 
which shall be suspended. A person who furnishes to another person, or 
permits another person to have or use, a license issued to himself or any 
other person, or changes or alters such license or coupon, or uses a license 
or license coupon issued to another person, or makes a false statement in 
an application, or knowingly guides a hunter who has not a license as pro- 
vided in RSA 215, shall be fined not less than fifty dollars nor more than 
one hundred dollars no portion of which shall be suspended. 

8:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[Effective date April 12, 1969.] 



CHAPTER 9. 

AN ACT RELATIVE TO THE USE OF DEER COUPONS FOR THE TRANSPORTATION OF DEER. 

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

9:1 Deer Tags. Amend RSA 208:16 (supp) as amended by 1967, 84:5 
by adding at the end of said section the following: (No person shall attach 



1969] Chapter 10 5 

a deer tag to the carcass of a deer unless the deer was killed by the holder 
of the license to which the deer tag was attached. No person shall possess 
a detached or perforated deer tag during the open season for deer unless 
the same be attached to a deer or carcass thereof as provided by this sub- 
division) so that the said section as amended shall read as follows: 208:16 
Use of Deer Tag. Each hunting license shall be provided with a special 
deer tag. The holder of a license shall, upon killing his deer, detach, fill 
out and attach to the deer or carcass, by means of a string or wire the deer 
tag bearing the name and address of the licensee. Said deer tag shall remain 
attached to the deer or carcass thereof as long as said deer or carcass shall 
remain in the state and the owner shall be entitled to transport it or have 
it transported as provided in sections 12 and 13 of this chapter. No person 
shall attach a deer tag to the carcass of a deer unless the deer was killed 
by the holder of the license to which the deer tag was attached. No person 
shall possess a detached or perforated deer tag during the open season for 
deer unless the same be attached to a deer or carcass thereof as provided 
by this subdivision. 

9:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[EflEective date April 12, 1969.] 



CHAPTER 10. 

AN ACT RELATIVE TO FISH AND GAME LICENSES FOR MEMBERS OF ARMED FORCES. 

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

10:1 Expiration of Special Licenses. Amend RSA 214:3 as amended 
by 1955, 100:1; 1947, 267:3; and 1961, 161:1 by striking out said section and 
inserting in place thereof the following: 214:3 — Member of Armed Forces. 
Any resident of this state who is on regular active duty with any branch of 
the armed forces of the United States, and who was a legal resident prior 
to entry into said armed forces, and who is stationed outside the state of 
Nev/ Hampshire, may make application to the director of the fish and game 
department or his designated agent for a special license which shall en- 
title the licensee to hunt, shoot, kill or take, except by the use of traps, and 
to transport game birds, game animals, fish and salt water smelt, under the 
restrictions of title XVIII of the Revised Statutes Annotated, except as 
otherwise provided in this section. The special license shall terminate im- 
mediately upon the termination of the service of the licensee in such armed 
forces, and in any event any such license shall expire on January first next 
following its issuance. There shall be no fee for such license. 

10:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[Effective date April 12, 1969.] 



6 Chapter 11 [1969 

CHAPTER 11. 

AN ACT TO PROHIBIT LOADED FIREARMS ON SNOW TRAVELING VEHICLES AT ANYTIME. 

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

11:1 Snow Traveling Vehicles. Amend RSA 207:7 by inserting in lines 
three and four after the word "vehicle" the words (snow traveling vehicle) 
so that said section as amended shall read as follows: 207:7 Hunting from 
Motor Vehicle, Snow Traveling Vehicle, Boat, or Aircraft. No person shall 
take or attempt to take wild birds or wild animals from a motor vehicle, 
snow traveling vehicle, boat, aircraft or other craft propelled by mechani- 
cal power. No person shall have or carry, in or on, such motor vehicle, 
snow traveling vehicle, boat, aircraft, or other craft, whether moving or 
stationary, a loaded rifle or loaded shotgun or a rifle or shotgun with a 
cartridge in the magazine or clip attached to the gun. This section shall 
not apply to law enforcement officers carrying guns in the line of duty. 

11:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[Effective date April 12, 1969.] 



CHAPTER 12. 

AN ACT RELATIVE TO CARRYING FISH AND GAME LICENSES. 

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

12:1 Fish and Game Licenses. Amend RSA 214:1, as amended by 1955, 
22:1 by striking out said section and inserting in place thereof the follow- 
ing: 214:1 License Required. No person, except as hereinafter provided, 
shall at any time fish, hunt, trap, shoot, pursue, take or kill fresh water 
fish, salt water smelt, wild birds, or wild animals in this state, without first 
procuring a license so to do, and then only in accordance with the terms 
of such license and subject to all the provisions of this title. The licensee 
shall carry such license on his person when so engaged and the license shall 
be subject to inspection on demand of any person. 

12:2 Effective Date. This act shall take effect January 1, 1970. 
[Approved February 11, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 13. 



AN ACT REQUIRING THAT COPIES OF FEDERAL AUDITS BE FILED WITH THE 
LEGISLATIVE BUDGET ASSISTANT. 

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

13:1 Legislative Budget Assistant. Amend RSA 14 by inserting after 



1969] Chapter 14 7 

section 35 the following new section: 14:35-a Copies of Federal Audits, 
Required. Every state agency, commission, institution and department re- 
ceiving a federal audit of its operation or any part thereof is hereby di- 
rected to forward a copy of said audit to the legislative budget assistant 
within fifteen days after the receipt of said audit. 

13:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 11, 1969.] 
[Effective date April 12, 1969.]' 



CHAPTER 14. 

AN ACT TO SPECIFICALLY INCLUDE WOMEN VETERANS IN THE CLASS OF PERSONS 
ELIGIBLE FOR ADMISSION TO THE SOLDIERS' HOME. 

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

14:1 Class of Persons Eligible Changed. Amend RSA 119:1 (supp) as 
amended by 1967, 93:1, by striking out in line two the word "men" and in- 
serting in place thereof the word (veterans) so that said section as amended 
shall read as follows: 119:1 Establishment. There is established in this 
state a home known as the New Hampshire Soldiers' Home for the support 
and care of veterans who served in the armed forces of the United States 
in any war in which the United States has been, is, or shall be engaged, 
and who are or shall be honorably discharged therefrom. A veteran who 
desires to enter said home shall make application for admittance to the 
board of managers. Admittance shall be at the discretion of said board. The 
care of veterans under this section includes nursing care for any veteran 
otherwise eligible for admittance. 

14:2 Admission Requirements Changed to Include both Sexes. Amend 
RSA 119:9 by inserting in lines two and five after the word "he" in each 
line the words (or she) so that said section as amended shall read as follows: 
119:9 Admission. No applicant shall be admitted to the home unless he or 
she served in a New Hampshire military organization, or in the army or 
navy of the United States, and was credited to this state in a time of war 
and was honorably discharged from such service; or unless after such ser- 
vice he or she has been a resident of this state for the three years next pre- 
ceding his application for admission. Upon request from the board, an 
investigation and prompt report of the industrial and financial condition 
of any applicant for admission to the home shall be made by a competent 
committee selected by the governor and council. 

14:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



8 Chapter 15 [1969 

CHAPTER 15. 

AN ACT REPEALING INSPECTIONS OF MILK AND CREAM; THE LICENSING OF DEALERS, 
AND THE ESTABLISHMENT OF CERTAIN MEASURES OF MILK. 

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

15:1 Repeal. Sections 1-10, inclusive, of RSA 184 relative to the in- 
spection and licensing of milk dealers by cities and towns are hereby re- 
pealed. 

15:2 Repeal. Sections 11-15, inclusive, of RSA 184 relative to the re- 
quirements lor city and town milk testers are hereby repealed. 

15:3 Repeal. Sections 31-35, inclusive, of RSA 184 relative to standards 
for measuring milk are hereby repealed. 

15:4 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 16. 

AN ACT TO ELIMINATE CERTAIN DUTIES OF THE COMMISSIONER OF AGRICULTURE. 

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

16:1 Repeal. RSA 426:5, RSA 426:6, RSA 426:7, RSA 426:8, and RSA 
426:9 as amended by 1965, 11:2, relative to certain duties of the commis- 
sioner of agriculture, are hereby repealed. 

16:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 17. 



AN ACT TO REQUIRE BIENNIAL REPORTS BY THE COMMISSIONER OF AGRICULTURE TO 
THE GOVERNOR AND COUNCIL. 

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

convened: 

17:1 Biennial Reports Required. Amend RSA 426:16 by striking out 
in line one the words "annually, before September thirtieth" and inserting 
in place thereof the following (biennially, before December thirty-first of 
each even-numbered year), and by striking out in line three the words "the 
institute work" so that said section as amended shall read as follows: 426:16 
Report. He shall biennially, before December thirty-first of each even- 
numbered year, submit a report to the governor and council, which shall 
include an account of the general work of the department, the special 
teaching and that of the heads of the various departments under his juris- 



1969] Chapter 18 9 

diction, and such other information pertaining to the department as may 
be of public and general interest. He shall include such recommendations 
for legislative action as the premises may demand, a statement of the total 
amounts of all expenditures, so classified as to show the amount expended 
in support of the several departments of work covered, and an account 
stating by properly classified totals all money received from sources other 
than the state treasury. The report shall be distributed to the town and 
public libraries of the state and to farmers, agriculturists, and others de- 
siring it. 

17:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 18. 

AN ACT INCREASING THE PENALTY FOR VIOLATION OF CLAM LAWS. 

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

18:1 Clam Laws, Penalty Increased. Amend RSA 211:64 as inserted 
by 1959, 194:4 by striking out said section and inserting in place thereof 
the following: 211:64 Penalty. Whoever violates the provisions of section 
62-a hereof or any rule or regulation promulgated by the director as here- 
inbefore provided relative to clams, clam worms and oysters shall be fined 
one hundred dollars. Any person taking clams in excess of the limits pro- 
vided by regulations promulgated under RSA 211:62 shall be fined one 
hundred dollars and ten dollars additional for each quart taken or pos- 
sessed in excess of the legal limit, provided that said additional fine shall in 
no case exceed $500.00. The director, in his discretion, may also revoke any 
license issued to said person under this title for a period not exceeding 
one year. 

18:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 19. 



AN ACT RELATIVE TO THE TIMING OF COUNTY AUDITS BY THE TAX COMMISSION AND 
RELATIVE TO CERTAIN EXPENSES OF MUNICIPAL AUDITS. 

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

convened: 

19:1 County Audits Every Three Years. Amend RSA 71:27 by striking 
out in line five the word "two" and inserting in place thereof the word 
(three) so that said section as amended shall read as follows: 71:27 Audit 
on Motion of Commission. The commission may cause an audit to be made 
of the accounts of any city, town, school district, village district or precinct. 



10 Chapter 20 [1969 

as often as once in two years, or whenever conditions appear to it to war- 
rant such audit. The commission shall cause an audit to be made of the 
accounts of each county as often as once in three years, or more often when 
conditions appear to warrant such audit, unless an audit of the accounts 
of such county has been made during said period by a certified public ac- 
countant in a manner prescribed by the tax commission and said certified 
public accountant's complete report is available to the public. 

19:2 Expenses to be Reasonable. Amend RSA 71:28 by inserting in 
lines one, five, six and fourteen before the word "expenses" the word (rea- 
sonable) so that said section as amended shall read as follows: 71:28 Ex- 
penses of Audit. All reasonable expenses incurred in conducting an audit 
shall be paid in the first instance from the appropriation for the commis- 
sion, but each county, city, town, school district, village district or precinct 
shall, upon notification by the commission of the amount due, reimburse it 
for such reasonable expenses as follo^vs: 

I. Each county and city shall make reimbursement for all such reason- 
able expenses including salaries of members of the division for such time 
as said members have spent in said audit. 

II. Each town, school district, village district or precinct having an 
equalized valuation of one million five hundred thousand dollars or more, 
shall make reimbursement as provided in paragraph I. 

III. Each town, school district, village district or precinct having an 
equalized valuation of less than one million five hundred thousand dollars 
shall make reimbursement for all reasonable expenses incurred in the audit 
including one-half of the salaries of members of the division for such time 
as said members have spent in said audit. Provided, however, that in special 
cases "^vhere reimbursement under paragraphs II and III would result in 
hardship or in case of unusual circumstances the commission is authorized 
to make such adjustment of said payments as it may deem to be for the 
best interests of the municipality concerned. Said reimbursements shall be 
credited to the appropriation for the commission, 

19:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 20. 

AN ACT RELATIVE TO REPEAL THE PROVISIONS RELATING TO TRAMPS. 

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

20:1 Repeal. RSA 576, relating to the punishment of tramps, is here- 
by repealed. 

20:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



1969] Chapter 21 11 

CHAPTER 21. 

AN ACT DIRECTING THE COMPTROLLER TO PREPARE THE BIENNIAL BUDGET FOR THE 

SUPREME COURT. 

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

21:1 Biennial Budgets. Amend RSA 9 by inserting after section 4 the 
folloAving new section: 9:4-a Supreme Court. The comptroller, subject to 
consultation with the justices, shall prepare the estimates for expenditure 
requirements for the supreme court for each fiscal year of the ensuing 
biennium. 

21:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved February 21, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 22. 



AN ACT TO INCLUDE CLASS IV HIGHWAYS IN THE CLASS OF HIGHWAYS ELIGIBLE FOR 
STATE HIGHWAY FUND EXPENDITURES. 

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

22:1 Class IV Highways made Eligible for State Funds. Amend RSA 
229:7 by inserting in line eight after the word "class" the numeral and 
word (IV and) so that said section, as amended shall read as follows: 229:7 
Expenditures. With the approval of the governor and council the com- 
missioner may use the funds accruing to the department for construction 
and reconstruction and maintenance of class I highways and bridges there- 
on, for aid in construction and reconstruction of class II highways and 
bridges thereon, for maintenance and reconstruction of class II highways 
and bridges thereon, for maintenance and reconstruction of class III high- 
^vays, for aid in construction, reconstruction, and maintenance of class IV 
and V highways and aid in the construction of bridges thereon, for the 
providing and maintenance of buildings, equipment, and supplies, for 
highway purposes, for the costs of administration, and for such other pur- 
poses as may be provided by law. The commissioner may designate all or 
any part of class I, class II or class III highways for winter maintenance. 

22:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



12 Chapter 23 [1969 

CHAPTER 23. 

AN ACT CHANGING THE WORD "INVOICE" TO INVENTORY IN RELATION TO TAXATION 

OF PROPERTY. 

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

23:1 Annual List. Amend RSA 74:1 by striking out in line two the 
word "invoice" and inserting in place thereof the word (inventory) so that 
said section as amended shall read as follows: 74:1 Annual List. The se- 
lectmen of each town shall annually, in April, make a list of all the polls 
and take an inventory of all the estate liable to be taxed in such town on 
the first day of that month. 

23:2 — Exempt Realty. Amend RSA 74:2 by striking out in line two, 
each time it appears, the word "invoice" and inserting in place thereof the 
word (inventory) so that said section as amended shall read as follows: 
74:2 — Exempt Realty. At the time of making the list of polls and the 
inventory of estate liable to be taxed the selectmen shall also make an in- 
ventory of all lands, buildings and structures which, but for the tax ex- 
emption laws of the state, would be taxable as real estate, including all 
land, but excluding the buildings of the United States, state, county, town, 
school district or any political subdivision thereof used for public or edu- 
cational purposes. 

23:3 — Railroad Stock. Amend RSA 74:3 by striking out in line one 
the word "invoice" and inserting in place thereof the word (inventory) so 
that said section as amended shall read as follows: 74:3 — Railroad Stock. 
They shall annually take an inventory of the shares of stock of each rail- 
road corporation of the state owned by the inhabitants of their town on 
April first, and shall transmit to the state tax commission on or before 
June first, a statement under oath, showing the number of shares of each 
corporation thus owned, the names of such stockholders, the number of 
shares owned by each in each corporation, and that such stockholders were 
inhabitants of the town on April first. If they shall neglect to comply with 
the foregoing provisions they shall be liable to the town for all damages 
resulting to it from their default. 

23:4 Invoices. Amend RSA 75:4 (supp) as amended by 1967, 72:1 by 
striking out in line one the word "invoice" and inserting in place thereof 
the word (inventory) so that said section as amended shall read as follows: 
75:4 Inventories. The selectmen shall set down in their inventory, in sep- 
arate columns, the value of improved and unimproved land, of buildings, 
of factories and factory machinery, of public utility property, of house 
trailers and mobile homes, the value of stock in trade, the number and 
value of oxen and other neat stock, the number and value of poultry and 
of all other classes of taxable property. 

23:5 Buildings. Amend RSA 75:5 by striking out in line one the word 
"invoice" and inserting in place thereof the word (inventory) so that said 
section as amended shall read as follows: 75:5 Buildings. In making the 
inventory, the selectmen shall set down in the column of improved and 
unimproved land all buildings situate on such land and owned by the 



1969] Chapter 23 13 

owners thereof, except such buildings as are specially designated in the 
preceding section. 

23:6 Oath. Amend RSA 75:7 by striking out in line two the word 
"invoices" and inserting in place thereof the word (inventories) and by 
striking out in line seven the word "invoice" and inserting in place thereof 
the ^vord (inventory) so that said section as amended shall read as follows: 
75:7 Oath. The selectmen and assessors shall take and subscribe upon the 
copies or original inventories and assessments of both resident and non- 
resident taxes, furnished by them to the town clerks in their respective 
towns, to be recorded in the clerk's records, the following oath, which may 
be subscribed before any justice of the peace or notary public: We, the 

selectmen and assessors of , do solemnly swear that in making 

the inventory for the purpose of assessing the foregoing taxes we appraised 
all taxable property at its full value, and as we would appraise the same 
in payment of a just debt due from a solvent debtor. So help us God. 

23:7 Revised Invoice. Amend RSA 75:8 by striking out in line six, 
each time it appears, the word "invoice" and inserting in place thereof the 
word (inventory) so that said section as amended shall read as follows: 75:8 
Revised Inventory. The assessors and selectmen shall, in the month of 
April in each year, examine all the real estate in their respective cities and 
towns, shall reappraise all such real estate as has changed in value in the 
year next preceding, and shall correct all errors that they find in the then 
existing appraisal; and such corrected appraisal shall be made a part of 
the inventory in such cities and towns; and the inventory thus revised shall 
be s^vorn to, as provided in the preceding section. 

23:8 Separate Tracts. Amend RSA 75:9 by striking out in line five the 
word "invoice" and inserting in place thereof the word (inventory) so that 
said section as amended shall read as follows: 75:9 Separate Tracts. When- 
ever it shall appear to the selectmen or assessors that two or more tracts of 
land which do not adjoin or are situated so as to become separate estates 
have the same owner, they shall appraise and describe each tract separately 
and cause such appraisal and description to appear in their inventory. 

2,3:9 Property Taxes. Amend RSA 76:2 by striking out in line two the 
word "invoice" and inserting in place thereof the word (inventory) so that 
said section as amended shall read as follows: 76:2 Property Taxes. 
All property taxes for any year following April first shall be assessed upon 
the inventory taken in that month. 

23:10 Record of Invoices and Taxes. Amend RSA 76:7 (supp) as 
amended by 1965, 124:1 by striking out in lines two, six and eight the word 
"invoice" and inserting in place thereof the word (inventory) so that said 
section as amended shall read as follows: 76:7 Record of Inventories and 
Taxes. A fair record shall be made of every inventory taken by tlie select- 
men, 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 inventory and assessment shall be so left and recorded by the 
clerk. Both records shall be open to the inspection of all persons. The in- 
ventory record shall contain: (1) the information required under RSA 



14 Chapter 24 [1969 

75:4; (2) the record of real estate which shall include the name of the 
owner, if knoTvn; the number of the lot and range, if lotted; otherwise, 
such description as the land may readily be known by; and the number of 
acres, if known; and (3) the amount of taxes assessed on all property as- 
sessed. 

23:11 Amendments of Invoices and Tax Lists. Amend RSA 76:15 by 
striking otit in line one the word "invoices" and inserting in place thereof 
the word (inventories) and by striking out in line seven the word "invoice" 
and inserting in place thereof the word (inventory) so that said section as 
amended shall read as follows: 76:15 Amendments of Inventories and Tax 
Lists. Inventories and tax lists already delivered to tax collectors shall be 
amended by selectmen or assessors to the extent of correcting errors or 
perfecting the description of certain property therein listed, upon applica- 
tion made to them therefor by the tax collector prior to his posting notice 
of a tax sale in accordance with the provisions of section 21, chapter 80, 
Revised Statutes Annotated. Notice of such amendment to the inventory 
thereupon shall be sent by the selectmen or assessors, in writing and by 
registered mail, to the last known address of the owner or of the persons 
taxed, before the list of delinquent taxes is publicly posted by the tax 
collector. 

23:12 Effective Date. This act shall take effect sixty days after its pass- 
age. 

[Approved February 21, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 24. 

AN ACT TO PROVIDE FOR A CITIZENS TASK FORCE TO STUDY THE EFFECTIVENESS 
OF STATE GOVERNMENT. 

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

24:1 Organization Established. There is hereby established a Citizens 
Task Force to Study the Effectiveness of State Government, hereinafter 
referred to as citizens task force. The purpose of said citizens task force is to 
recommend measures to the Governor which will: 

(1) Further thrift and cost avoidance in the operations of government; 

(2) Assure the best use of current revenue and manpower; 

(3) Provide for the adoption of long-range programming, planning, 
and department budgeting; 

(4) Anticipate the presently forseeable needs by its citizens in keeping 
abreast with technological and cultural advancements; 

(5) Eliminate or reduce any governmental services and activities, the 
costs of which cannot be justified; 

(6) Achieve efficient and effective systems of education, welfare, health 
services, safety services, conservation of natural and human resources, com- 
munication and transportation; 



1969] Chapter 24 15 

(7) Assist, wherever possible, so that New Hampshire's economy oper- 
ate at highest attainable peaks; 

(8) Encourage inward migration of industry and skilled labor while 
creating new and attractive opportunities for our existing workforce; and 

(9) Apply modern business techniques to the complex enterprises of 
state government. 

24:2 Membership. The governor is authorized to appoint a chairman 
of the citizens task force and as many additional members as he shall deem 
necessary and proper in order to carry out the duties of the citizens task 
force as set forth in this act. The citizens task force shall be under the di- 
rection of an executive committee which shall be presided over by the chair- 
man. Said executive committee shall be composed of fifteen members. 
Eleven of said members shall be appointed by the governor. Two of said 
members shall be members of the house, to be appointed by the speaker. 
Two of said members shall be members of the senate, to be appointed by 
the president of the senate. The governor shall convene the first meeting 
of the citizens task force. 

24:3 Staff. The governor shall appoint an executive director of the 
citizens task force and such other staff assistants as he shall deem necessary 
and proper. The governor shall set the compensation for all such staff 
members with the approval of the executive council and such staff members 
shall be allowed their necessary expenses while engaged in official busi- 
ness. The governor may temporarily assign to the citizens task force classi- 
fied or unclassified state employees having skills or specialized knowledge 
which would be of use to said task force. The compensation of such tem- 
porarily assigned employees shall continue to be a charge upon their regu- 
lar departments, but travel and other expenses shall be a charge upon the 
appropriation for the task force. 

24:4 Technical Assistance. The governor, in consultation with the 
members of the executive committee of the citizens task force, is authorized 
to obtain the services of such technical assistants and consultants, at reason- 
able compensation, as he shall deem necessary and proper in order to con- 
duct a thorough study of the effectiveness of state government. 

24:5 Duties. The citizens task force shall perform the following duties: 

(1) Make an overall study of the performance of government at all 
levels, including efficiency, effectiveness and cost avoidance of existing de- 
partments and agencies with particular emphasis on the use of manpower; 

(2) Study the entire range of the need for governmental service in the 
state and to determine what changes have occurred or may occur in such 
needs for governmental service. 

(3) Recommend any changes in the structure and organization of ex- 
isting departments or agencies of state government; recommend the estab- 
lishment of new departments and agencies if such be deemed advisable; 
and recommend ways and means that such existing or new departments or 
agencies may more effectively carry out their duties; 

(4) Make any further studies and recommendations required to carry 
out the purposes stated in this act. 



16 Chapter 25 [1969 

24:6 Rules. The citizens task force may adopt rules of procedures for 
its meetings and hearings as it shall deem necessary and proper. 

24:7 Compensation of Members. The members of the citizens task 
force shall serve without compensation, but shall be allowed their necessary 
expenses while engaged in official business. 

24:8 Reports. The citizens task force shall make a report of its findings 
and recommendations to the governor, the speaker of the house and the 
president of the senate not later than November 1, 1969, and may make 
further reports to said officers if deemed advisable. All such reports shall 
be public documents and copies shall be filed with the secretary of state 
and with the law librarian of the state library. Any legislation proposed 
by the citizens task force shall be submitted in final form to the speaker 
of the house and the president of the senate on or before fifteen days prior 
to the convening of any special session of the general court called to con- 
sider the report and recommendations of the task force, or on or before 
fifteen days prior to the convening of the next regular session of the gen- 
eral court if no such special session is called. 

24:9 Gifts and Grants. The governor is hereby authorized to apply 
for and receive for expenditure for the purposes of this act federal or pri- 
vate gifts or grants as the same may become available and such private 
funds when received shall be deemed a contribution to the state for a pub- 
lic purpose within the meaning of any federal or state laws relative to tax 
exemptions. The funds received under the provisions of this section shall 
be a continuing fund for the purposes hereof and shall not lapse. 

24:10 Appropriation. The sum of $100,000 is hereby appropriated for 
the purposes of this act for the fiscal year ending June 30, 1969, and the 
sum of $90,000 is hereby appropriated for said purposes for the fiscal year 
ending June 30, 1970. Any balance as of June 30, 1969, in the sum appro- 
priated for the fiscal year ending June 30, 1969, shall be available for the 
following fiscal year but all state sums hereby appropriated shall lapse as 
of June 30, 1970. The governor is authorized to draw his warrants for the 
sums hereby appropriated out of any money in the treasury not otherwise 
appropriated. 

24:11 Effective Date. This act shall take effect upon its passage. 
[Approved March 4, 1969.] 
[Effective date March 4, 1969.] 



CHAPTER 25. 



AN ACT RELATIVE TO FILING WITH THE SECRETARY OF STATE INFORMATION REGARD- 
ING VILLAGE DISTRICTS ESTABLISHED UNDER THE GENERAL LAWS. 

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

25:1 Filing Requirement. Amend RSA 52 by inserting after section 
23 the following new section: 52:24 Filing With Secretary of State, The 

selectmen of everv town, and the councilors or aldermen of every city. 



1969] Chapter 26 17 

which have a village district established under the provisions of this chap- 
ter lying in whole or in part within said town or city, shall file with the 
secretary of state the following information concerning the village district 
or districts within their respective municipalities. 

I. Within one year of the enactment of this section there shall be 
filed: 

(a) the name of the village district; 

(b) the powers granted to said district; and 

(c) the territorial boundaries of the district. 

II. Thereafter, within one year of any change in the above, there shall 
be filed: 

(a) any change in the name, powers or territorial limits of the district; 
and 

(b) any notice of dissolution of the district. 

25:2 Notice to Selectmen. Upon the passage of this act the secretary 
of state shall notify by mail the selectmen, city councilors and aldermen 
of the various municipalities in the state, relating to them the contents of 
this act and requesting their compliance. 

25:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 4, 1969.] 
[Effective date May 3, 1969.] 



CHAPTER 26. 



AN ACT AUTHORIZING THE CORRECTION OF CERTAIN TECHNICAL ERRORS PRIOR TO 

PRINTING THE STATUTES. 

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

26:1 Publication of Statutes. Amend RSA 20 by inserting after section 
2 the following new section: 20:2-a Examination Before Printing. After 
any bill has been enacted by the General Court but prior to the printing 
of the acts of any session as provided in sections 1 and 2 the director of 
legislative services shall reexamine the same. If such reexamination shows 
any error or omission in the references to statutes or other technical or 
clerical errors the director is authorized to make the necessary corrections 
and the bill as thus corrected shall be printed under said sections 1 and 2. 

26:2 Effective Date. This act shall take effect upon its passage. 
[Approved March 4, 1969.] 
[Effective date March 4, 1969.] 



18 Chapter 27 [1969 

CHAPTER 27. 

AN ACT ADOPTING THE INTERSTATE REGIONAL PLANNING COMPACT AND AUTHORIZING 
THE STATE TO ENTER INTO SUCH COMPACT WITH CONTIGUOUS STATES. 

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

27:1 Interstate Regional Planning Compact. Amend RSA by inserting 
after chapter 36-A (supp) as inserted by 1963, 168:1 the following new 
chapter: 

Chapter 36-B 
Interstate Regional Planning Compact 

36-B:l Compact Authorized. The director of the offices of planning 
and research of the division of economic development in the department 
of resources and economic development and /or a regional planning com- 
mission which is established under RSA 36, or both, may negotiate with 
the proper authorities of the states of Maine, Massachusetts, and Vermont 
a compact for interstate regional planning substantially in form as follows, 
which is hereby ratified: 

Interstate Regional Planning Compact 

Whereas, the social, economic, and esthetic growth and development 
of the several states has, in certain regions, extended beyond the boun- 
daries of two or more states; and 

Whereas, such growth and development has resulted in physical prob- 
lems, which require co-operative regional planning and mutual assistance 
tow^ard their solution for the betterment of the health, welfare, and eco- 
nomic prosperity of the people living in such regions; and 

Whereas, Congress has recognized the need for co-operative planning 
by giving its consent to two or more states entering into compacts for inter- 
state regional planning; and 

Whereas, co-operative regional planning between states can be best 
accomplished through interstate regional planning agencies; now therefore, 
the signatory states do agree and are bound as follows: 

Article I 
Any New Hampshire municipality is authorized by vote of its city 
council or town meeting to become a member of a regional planning agency 
established under the statutes of Maine, Massachusetts and Vermont pro- 
vided that the office of planning and research of the department of re- 
sources and economic development, and the state agency with regional 
planning responsibilities in the signatory state, and the regional planning 
agency concerned determine that membership in such agency would be 
effective for planning purposes. 

Article II 
Any city or town in the states of Maine, Massachusetts or Vermont is 
authorized by a vote of its municipal legislative body to become a member 
of a regional planning commission established under RSA 36, provided 



1969] Chapter 28 19 

that the regional planning commission, and the office of planning and re- 
search of the department of resources and economic development, and 
the state agency with regional planning responsibilities in the signatory 
state determine that such membership would be effective for planning 
purposes. 

Article III 
Any municipality becoming a member of an interstate regional plan- 
ning agency located in another state shall adopt the statute establishing 
such agency, and shall be subject to all provisions of such statute for rep- 
resentation, financial contributions, duties, reports, and otherwise hold 
full membership, except that requirements for initial establishment of the 
regional planning agency shall be based only on the municipalities in the 
state in which the agency is located. 

Article IV 
A municipality which becomes a member of a regional planning agency 
in another state may regard any plans, studies, proposals, and recommenda- 
tions by such agency as advisory and need not be bound by them, and shall 
not be required to make any financial contribution thereto unless said 
contribution has been voted by its legislative body. 

Article V 
An annual report on the activities of any regional planning agency 
engaged in interstate regional planning under the provisions of this com- 
pact shall be filed with the state agency with regional planning responsibili- 
ties in each signatory state, in addition to any reports otherwise required 
from the regional planning agency. 

36-B:2 Title. This chapter shall be known and may be cited as the 
Interstate Regional Planning Compact. 

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

[Approved March 4, 1969.] 
[Effective date May 3, 1969.] 



CHAPTER 28. 

AN ACT RELATIVE TO THE SIZE OF PAGES OF THE VOLUMES OF THE SESSION LAWS. 

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

convened: 

28:1 Session Laws. Amend RSA 20:2 by striking out in line six the 
words "and size" so that said section as amended shall read as follows: 
20:2 — Bound Copies. The secretary of state shall cause to be printed and 
suitably bound all the acts and resolves of each session of the legislature, 
with an appropriate index, and such number thereof shall be printed as 
the governor and council shall approve. Such acts and resolves shall be 



20 Chapter 29 [1969 

arranged under their proper classification, numbered consecutively as chap- 
ters, beginning with number one and shall be uniform in style with the 
Revised Statutes of 1955. 

28:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 4, 1969.] 
[Effective date May 3, 1969.] 



CHAPTER 29. 



AN ACT RELATIVE TO THE USE OF THE SENATE AND HOUSE CHAMBERS, ANTEROOMS 

AND CLOAKROOMS. 

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

29:1 Prior Approval Required. Amend RSA 14 by inserting after 
section 14 the following new section: 

14:14-a Non-legislative Use of Chambers. 

I. House. No person shall use the house chamber, anterooms, or cloak- 
rooms at any time for any purpose other than a meeting of the house, of 
a committee thereof, or of a joint committee of the house and senate, with- 
out prior permission of the speaker of the house or his designee. 

II. Senate. No person shall use the senate chamber, anterooms, or 
cloakrooms at any time for any purpose other than a meeting of the senate, 
of a committee thereof, or of a joint committee of the house and senate, 
without prior permission of the president of the senate or his designee. 

29:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 4, 1969.] 
[Effective date May 3, 1969.] 



CHAPTER 30. 



AN ACT RECODIFYING TO SIMPLIFY THE FORM OF THE STATUTES RELATIVE TO SAL- 
ARIES OF COUNTY ATTORNEYS, COUNTY TREASURERS AND COUNTY COMMISSIONERS. 

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

30:1 County Attorneys. 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; 1963, 95:1, 
329:1; 1965, 192:1, 364:1; and 1967, 60:1 by striking out said section and in- 
serting in place thereof the following: 7:35 Salaries. The annual salaries 
of the county attorneys in the several counties are as follows: 

I. In Belknap, four thousand dollars. 

II. In Carroll, three thousand dollars. 

III. In Cheshire, forty-five hundred dollars. 

IV. In Coos, three thousand dollars. 

V. In Grafton, five thousand dollars. 



1969] Chapter 30 21 

VI. In Hillsborough, county attorney, seventy-five hundred dollars. 
Assistant county attorney, thirty-five hundred dollars. 

VII. In Merrimack, four thousand dollars. 

VIII. In Rockingham, forty-five hundred dollars. 

IX. In Strafford, thirty-five hundred dollars. 

X. In Sullivan, thirty-five hundred dollars. 

30:2 County Treasurers. Amend RSA 29:14 (supp) as amended by 
1955, 172:2, 247:3; 1957, 149:1, 1963, 8:1; 1965, 262:2; and 1967, 36:1, 301:1 
and 397:1 by striking out said section and inserting in place thereof the 
following: 29:14 Salaries. The annual salaries of the treasurers of the sev- 
eral counties shall be as follows. Said sums shall be in full for their services 
and allowances of every kind except that to said sums shall be added a 
reasonable sum for all necessary expenses upon order of the county com- 
missioners. 

I. In Belknap, five hundred dollars. 

II. In Carroll, seven hundred and fifty dollars. 

III. In Cheshire, four hundred dollars. 

IV. In Coos, five hundred dollars. 

V. In Grafton, five hundred dollars. 

VI. In Hillsborough, twelve hundred dollars. 

VII. In Merrimack, one thousand dollars. 

VIII. In Rockingham, fifteen hundred dollars. 

IX. In Strafford, seven hundred and fifty dollars. 

X. In Sullivan, five hundred dollars. 

30:3 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, 191:1, 262:1; and 1967, 299:1, 316:1, 317:1, 397:2, 446:1 
by striking out said section and inserting in place thereof the following: 
28:28 Salaries. The annual salary of each commissioner of the following 
counties shall be as follows, payable monthly by the county, provided fur- 
ther that to said sum shall be added, in all counties, a reasonable sum for 
all necessary expenses, upon order of the county auditors. 

I. In Belknap, fifteen hundred dollars. 

II. In Carroll, eighteen hundred dollars. 

III. In Cheshire, two thousand dollars. 

IV. In Coos, two thousand dollars. 

V. In Grafton, tVv?enty-one hundred and fifty dollars. 

VI. In Hillsborough, five thousand dollars. 

VII. In Merrimack, twenty-two hundred and fifty dollars. 

VIII. In Rockingham, thirty-five hundred dollars. 

IX. In Strafford, two thousand dollars. 

X. In Sullivan, eighteen hundred dollars. 

30:4 Effective Date. This act shall take effect upon its passage. 
[Approved March 6, 1969.] 
[Effective date March 6, 1969.] 



22 Chapter 31 [1969 

CHAPTER 31. 

AN ACT AUTHORIZING THE LIQUOR COMMISSION TO OPEN STATE STORES ON 

ELECTION DAY. 

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

31:1 Open oa Election Days. Amend RSA 177 by inserting after sec- 
tion 2 (supp) the following new section: 177:2-a Election Days. The au- 
thority of the liquor commission to make rules and regulations relative to 
sale of liquor shall include the right to provide that state stores may be 
open for business on any election day. 

31:2 Effective Date. This act shall take effect upon its passage. 
[Approved March 6, 1969.] 
[Effective date March 6, 1969.] 



CHAPTER 32. 

AN ACT RELATIVE TO PREPARATION OF BILLS FOR SUBMISSION TO THE GOVERNOR. 

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

32:1 Procedure for Enrollment of Bills. Amend RSA 14:8 by striking 
out said section and inserting in place thereof the following: 14:8 Enroll- 
ment of Laws. All bills and resolutions which have passed both branches 
of the legislature shall be forwarded to the office of legislative services to 
be there enrolled and prepared for submission to the governor. After such 
enrollment the bill or resolution shall be forwarded to the committee on 
enrolled bills for final approval. After said final approval the bill or reso- 
lution shall be forwarded to the secretary of state. He shall keep such bills 
and resolutions as public records of the state. 

32:2 Submission to Governor. Amend RSA 14:9 by striking out said 
section and inserting in place thereof the following: 14:9 Presentation for 
Approval. After any bill or joint resolution has been enrolled and ap- 
proved, as provided by section 8, and signed by the speaker of the house 
and president of the senate, it shall be presented by the secretary of state 
to the governor for his approval, and the secretary shall note thereon the 
day and hour of presentation for approval, and shall make a similar entry 
in the records of his office. 

32:3 Effective Date. This act shall take effect upon its passage. 
[Approved March 7, 1969.] 
[Effective date March 7, 1969.] 



1969] Chapter 33 23 

CHAPTER 33. 

AN ACT RELATIVE TO AUTHORITY OF LEGISLATURE TO REPEAL THE CHARTER OF A 
VOLUNTARY CORPORATION. 

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

33:1 Voluntary Corporations. Amend RSA 292 by inserting at the end 
thereof the following new subdivision: 

Legislative Amendment 
292:22 Legislative Amendment. The legislature may at any time alter, 
amend or repeal the charter of any voluntary corporation or the laws under 
which it ^vas established, or may modify or annul any of its franchises, duties 
and liability; but the remedy against the corporation for any liability pre- 
viously incurred shall not be impaired thereby. 

33:2 Effective Date. This act shall take effect sixty days after its passage, 
[Approved March 7, 1969.] 
[Effective date May 6, 1969.] 



CHAPTER 34. 



AN ACT MAKING AN APPROPRIATION FOR THE COST OF MOVING AND PAYING RENTAL 
OF STATE DEPARTMENTS TO MAKE SPACE AVAILABLE FOR THE 1969 GENERAL COURT. 

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

34:1 Appropriation. There is hereby appropriated the sum of fifty- 
seven thousand, nine hundred seventy-one dollars and forty cents for the 
fiscal year ending June 30, 1969 to the director of purchase and property 
to be expended by him to pay for the costs for quarters outside state owned 
buildings, including but not limited to charges and costs of moving, rental, 
public utilities, janitorial and minor repairs of the following departments, 
commissions, agencies and moves: department of agriculture, insurance de- 
partment, the attorney-general's office, public utilities commission, retirement 
division of the state treasurer, sweepstakes commission, real estate board, 
racing commission, probation department. New Hampshire technical ser- 
vices, room and meals tax division of the tax commission, visitors center 
and the legislative coat room in order to make space available for the use 
of the 1969 General Court, Said appropriation is in addition to any other 
appropriation for said fiscal year to any of said departments, commissions 
or agencies, 

34:2 Transfer to Legislative Appropriation. Twenty-five hundred dol- 
lars of the sum appropriated by section 1 shall be transferred to the legis- 
lative appropriation in reimbursement for a like amount which has already 
been expended from the legislative appropriation in payment of rental for 
the leased premises on Pleasant Street in Concord, None of the balance 
remaining of the appropriation made by this act may be expended for any 
other purpose than that provided for by this act and none of said balance 
may be transferred. 



24 Chapter 35 [1969 

34:3 Reimbursement from Certain Conunissions and Divisions. The 

public utilities commission shall, as provided for by RSA 363-A, include as 
part of its expenses for the fiscal year ending June 30, 1969 the total ex- 
pended for its use out of the appropriation made by this act and provide 
for its payment to the state treasurer. The sweepstakes commission and the 
room and meals division of the tax commission shall each charge for the 
fiscal year ending June 30, 1969 the total expended for the use of each out 
of the appropriation made by this act and shall charge said sum to the state 
treasurer out of moneys collected by it as part of the cost of administering 
its commission or division. 

34:4 Effective Date. This act shall take effect upon its passage. 
[Approved March 13, 1969.] 
[Effective date March 13, 1969.] 



CHAPTER 35. 

AN ACT PROVIDING THAT CERTAIN HOLIDAYS BE OBSERVED ON MONDAYS EACH YEAR. 

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

35:1 Legal Holidays; Change in Dates. Amend RSA 288:1 as amended 
by 1955, 145:1 by striking out said section and inserting in place thereof 
the following: 288:1 Holidays. Thanksgiving day whenever appointed, 
the fourth Monday in April known as Fast Day, the first Monday in Sep- 
tember known as Labor Day, the day on which the biennial election is 
held, January first, the third Monday in February known as Washington's 
Birthday, the last Monday in May known as Memorial Day, July fourth, 
the second Monday in October known as Columbus Day, the fourth Mon- 
day in October known as Veterans Day and Christmas day are legal holidays. 

35:2 Effective Date. This act shall take effect January 1, 1971. 
[Approved March 13, 1969.] 
[Effective date January 1, 1971.] 



CHAPTER 36. 



AN ACT SPECIFICALLY INCLUDING CERTAIN CONSTRUCTION MATERIALS IN THE CLASS 
OF "MERCHANDISE" TO BE WEIGHED BY A PUBLIC WEIGHER. 

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

36:1 Materials to be Weighed by a Public Weigher. Amend RSA 
359:48 by inserting in line two after the word "merchandise" the following 
words (including, but not being limited to, sand, gravel, crushed stone, 
highway salt, cement, or asphalt paving material) so that said section, as 
amended, shall read as follows: 359:48 — Sales to City or Town. Every 
person selling to any city or town by weight any merchandise, including 
but not being limited to, sand, gravel, crushed stone, highway salt, cement. 



1969] Chapter 37 25 

or asphalt paving material, the weight whereof is more than one hundred 
pounds, shall furnish therewith, at his own expense, the certificate of a 
public weigher of said city or town. 

36:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 37. 



AN ACT RELATIVE TO THE VOLUNTARY COMMITMENT OF A PERSON 
TO NEW HAMPSHIRE HOSPITAL. 

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

37:1 New Hampshire Hospital. Amend RSA 135:22 as amended by 
1961, 222:1 and 1963, 39:2 by striking out the third sentence and inserting 
in place thereof the following: (Charges for the support of such patient 
at the hospital shall be governed by recommendations of the division of 
investigation of accounts of the department of administration and control) 
so that said section as amended shall read as follows: 135:22 Voluntary 
Commitment; Penalty. Pursuant to rules and regulations established by 
the superintendent of the New Hampshire Hospital, the hospital may re- 
ceive and detain therein as a patient any person suitable for care and treat- 
ment, who voluntarily makes written application therefor on a form pre- 
scribed by the superintendent, or if such person be under twenty-one years 
of age such written application shall be made by the parent or legal guard- 
ian or person standing in loco parentis of such person. In the discretion of 
the superintendent of the New Hampshire Hospital such patient may be 
detained for the purpose of care and treatment until fifteen days after re- 
ceipt of notice in writing from such patient of his intention or desire to 
leave the hospital, or if such patient be under twenty-one years of age, until 
fifteen days after receipt of notice in writing, stating such intention or 
desire of the parent or legal guardian or person standing in loco parentis 
of such patient; provided, however, that such notice in writing shall in no 
event effect a release of such patient until sixty days from his admission 
to the hospital. Charges for the support of such patient at the hospital shall 
be governed by recommendations of the division of investigation of ac- 
counts of the department of administration and control. Any person vio- 
lating the provisions of this or the preceding sections shall be fined not 
more than one hundred dollars. 

37:2 Other Admissions. Amend RSA 135 by inserting after section 22 
the following new section: 135:22-a Informal Admission. The New Hamp- 
shire Hospital may receive and temporarily detain therein as a patient any 
person suitable for care and treatment vv'ithout any commitment pro- 
cedure. Such person may be admitted without fomrial or written applica- 
tion in the same manner as admission to a general hospital, upon the 
approval of the admitting physician. Any person admitted under this sec- 
tion shall be free to leave the hospital at any reasonable time, but in no 



26 Chapter 38 [1969 

case shall be detained longer than twelve hours after indicating his desire 
to leave. Charges for the support of such patient at the hospital shall be 
governed by recommendation of the division of investigation of accounts 
of the department of administration and control. 

87:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 38. 

AN ACT RELATIVE TO REMOVAL OF BOB HOUSES FROM PUBLIC AND PRIVATE PROPERTY. 

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

38:1 Bob Houses. Amend RSA 211:17-a as amended by 1957, 82:1 
and 1963, 92:1 by striking out said section and inserting in place thereof 
the following: 

211:17-a Ice Fishing. 

I. Any person owning or placing a smelt shanty or bob house on the 
ice for the purpose of ice fishing shall mark clearly on the outside of the 
door of said structure the owner's name and address. Any person who shall 
violate the provisions of this paragraph shall be fined not more than twenty- 
five dollars, and his hunting and fishing privileges may be suspended for a 
period of thirty days. 

II. Any owner of a smelt shanty or bob house who shall allow said 
structure to remain on public property or public waters or on the property 
of another without permission after April seventh shall be fined not more 
than twenty-five dollars, and the fish and game department may claim such 
property and contents thereof and sell at a public auction to be held at 
the discretion of the director, or, if of no value and the owner cannot be 
apprehended, said structure and its contents may be destroyed. 

III. No person owning or placing a smelt shanty or bob house on the 
ice for the purpose of ice fishing shall cause or allow the same to be burned 
thereon. 

38:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 39. 

AN ACT RELATING TO JUDICIAL REFEREES. 

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

39:1 Referees. Amend RSA 493-A:2 as inserted by 1961, 174:1 by strik- 
ing out in lines seven and eight the words "an associate justice of the court" 



1969] Chapter 40 27 

and inserting in place thereof the words (the office) so that said section 
as amended shall read as follows: 493-A:2 Compensation, Any judicial 
referee, and any justice retired under the provisions of RSA 490:2 or RSA 
491:2 after having served as hereinbefore provided for ten or more years, 
shall as additional compensation for services rendered after the date of 
enactment of this statute and as compensation for any services which he 
may render as judicial referee be paid as long as he shall serve as such an 
annual sum equal to three-fourths of the currently effective annual salary 
of the office from which he is retired, payable in the same manner that 
salaries of justices are paid. Such payments shall be a charge against the 
biennial appropriations for the superior court and included by the comp- 
troller in its requests for appropriations and shall be in lieu of any rights 
or benefits under RSA 490:2 or 491:2 to which such justice would other- 
wise be entitled. Any justice who is a member of the state employees re- 
tirement system may terminate his membership at any time after the passage 
of this act and thereupon any accumulated contributions as defined in RSA 
100 shall be paid over to him on written request. No justice whose member- 
ship is not so terminated before his retirement shall be eligible for pay- 
ments under this section. 

39:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 40. 

AN ACT RELATIVE TO FILLING VACANCIES IN THE HOUSE OF REPRESENTATIVES 
IN MULTI-TOWN DISTRICTS. 

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

40:1 Date of Special Election. Amend RSA 66 by inserting after sec- 
tion 7 (supp) as amended by 1965, 216:4 the following new section: 66:7-a 
Multi-town Districts. When a vacancy in the office of representative or 
representative-elect occurs in a district that is comprised of more than one 
town, upon request of the selectmen of any town in said district, the gov- 
ernor and council shall set the date for a special election to fill the vacancy. 

40:2 Effective Date. This act shall take effect upon its passage. 
[Approved March 13, 1969.] 
[Effective date March 13, 1969.] 



CHAPTER 41. 

AN ACT RELATIVE TO RADIATION PROTECTION AND CONTROL. 

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

41:1 Terms Defined. Amend RSA 125:58 as inserted by 1963, 229:1 by 
inserting after paragraph VIII the following new paragraphs: 



28 Chapter 42 [1969 

IX. "Registration" means the proper filling out of and filing with the 
state radiation control agency of a form provided by the agency, listing the 
number and types of radiation machines owned by or in the possession of 
any person. 

X. "Radiation machine" means any device capable of producing ioniz- 
ing radiation when the associated control devices are operated, but ex- 
cluding devices which produce radiation only by the use of radioactive 
material. 

XI. "Radioactive material" means any material, solid, liquid, or gas 
which emits ionizing radiation spontaneously. 

41:2 Exemptions. Amend RSA 125:62, III as inserted by 1963, 229:1 
by striking out said paragraph and inserting in place thereof the follow- 
ing: III. The agency is authorized to exempt certain sources of ionizing 
radiation or kinds of uses or users from the licensing or registration re- 
quirement set forth in this section. Such sources, uses or users as may be 
exempted from the licensing or registration requirement shall be specifical- 
ly named in a schedule of such exempt uses, users or sources of ionizing 
radiation within the content of such rules and regulations as may be pro- 
mulgated under the authority of RSA 125:59, III, (4). 

41:3 License and Registration Fees Due. Amend RSA 125:62 as in- 
serted by 1963, 229:1 and amended by 1965, 336:2 by inserting after para- 
graph VII the following new paragraph: VIII. License and registration 
fees shall be due and payable on or before the expiration date shown on 
the license or registration. 

41:4 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 42. 



AN ACT RELATIVE TO THE TIME FOR TRANSFER TO THE STATE OF 
UNCLAIMED RACING TICKET MONEYS. 

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

42:1 Date Changed. Amend RSA 284:31 as amended by 1957, 165:1 
by striking out in line one the word "first" and inserting in place thereof 
the word (third) and by striking out in lines eleven through fourteen the 
words "Provided, however, that all parti-mutuel pool tickets issued during 
the racing season of 1954 may be redeemed if presented to the commission 
on or before the first Monday in December of 1957" so that said section 
as amended shall read as follows: 284:31 Unclaimed Ticket Money. On 
or before the third Monday in December of each year every person, associa- 
tion or corporation conducting a race or race meet hereunder shall pay 
to the state treasurer all moneys collected during the year of pari-mutuel 
pool tickets which have not been redeemed. The books or records of said 
person, association or corporation, which clearly show the tickets entitled 



1969] Chapter 43 29 

to reimbursement in any given race, shall be forwarded to the commission. 
Such moneys shall be retained by the state treasurer and he shall pay the 
amount due on any ticket to the holder thereof upon an order from the 
commission. After the expiration of two years, any such moneys still in the 
custody of the state treasurer shall become a part of the general funds of 
the state. 

42:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 43. 



AN ACT RELATIVE TO THE FORMATION OF NON-PROFIT CORPORATIONS 
FOR MENTAL HEALTH PROGRAMS. 

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

43:1 Mental Health Program. Amend RSA 292:1 (supp) by adding 
after paragraph XllI (supp) as inserted by 1967, 359:2 the following new 
paragraph: XIV. The provision of mental health services. 

43:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 44. 

AN ACT TO CHANGE THE NAME OF THE LACONIA STATE SCHOOL. 

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

44:1 Name Changed. Amend RSA 171:1 as amended by 1955, 314:1 
by inserting at the end thereof the words (and Training Center) so that 
said section as amended shall read as follows: 171:1 State School. The 
state shall maintain a school for the care and instruction of the mentally 
deficient which shall be known as the Laconia State School and Training 
Center, Whenever reference is made to the Laconia State School in any 
provision of the statutes, it shall henceforth be construed to mean the La- 
conia State School and Training Center. 

44:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



30 Chapter 45 [1969 

CHAPTER 45. 

\.X ACT RELATIVE TO POWER OF DIRECTOR OF FISH AND G.\ME IN REMO\TNG 
NUIS.\NCE .\NIMALS, BIRDS AND FISH. 

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

45:1 Fish and Game Director: Powers. Amend RSA 207 by inserting 
after section 10 the following new section: 207:10-a Exception. The pro- 
visions of RSA 207:10 relative to use of certain prohibited devices shall 
not apply to the fish and game director or his authorized agents ^\•hen en- 
gaged in removing nuisance animals, birds or fish. 

45:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 12, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 46. 



.\N ACT EMPOWERING THE GOVERNOR AND COUNCIL TO EST.\BLISH THE FEES FOR THE 

COPIES OF RECORDS ON CERTAIN REHEARING .\ND APPEALS 

UNDER THE PERSONNEL SYSTEM. 

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

46:1 Personnel Commission. .Amend RSA 98 by inserting after sec- 
tion 14 the following ne^\■ section: 98:14-a Appeal Fees. In the event of 
an appeal from a decision of the personnel commission in accordance ■^\ith 
the provisions of RSA 541 the fee for the copy of the record and such testi- 
mony and exhibits as shall be transferred, and the fee for manifold copies 
shall be established by the governor and council and collected by the per- 
sonnel commission from the party making the appeal. Any fees collected 
by the commission under the provisions of this section shall be credited to 
the appropriation for said commission. The commission shall not be re- 
quired to certify the record upon any such appeal, nor shall said appeal 
be considered until the fees for the copies have been paid. 

46:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CHAPTER 47. 



-AX ACT TO PROMDE FOR THE PRE-FILING OF BILLS WITH THE 
DIRECTOR OF LEGISL.\TI\E SERVICES. 

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

47:1 Pre-filing of Bills. Amend RSA 14:39 (supp) as amended bv 1963, 
297:3 bv striking out said section and inserting in place thereof the follow- 
ing: 14:39 Proposed Bills. Any senator-elect or representative-elect, after 



1969] Ch.\pter 48 31 

the day of his election, may file with the director of legislative services any 
proposed bill he desires to introduce. The director shall notify, immedi- 
ately after the biennial election, each senator-elect and representative-elect 
of the provisions of this section and of the bill drafting service available 
in the office of legislative services. The director of legislative services shall 
cause eleven hundred copies of each bill to be printed, and, with the ap- 
proval of the sponsor, he shall make copies available to persons who re- 
quest them. 

47:2 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date May 12, 1969.] 



CH.AJ>TER 48. 



.\N ACT CORRECTING CERTArS' TECHNICAL ERRORS IN THE CHAPTER ON TAXES 
OX TILANSFER OF RE.AL PROPERTi'. 

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

48:1 Correction. .Amend RSA 78-B:l (supp) as inserted by 1967, 320:1 

by striking out in line three the words "interstate succession and decent" 
and inserting in place thereof the following (intestate succession and des- 
cent) so that said section as amended shall read as follows: 78-B:l Transfer 
Tax. A tax is imposed upon the sale, granting, and transfer of real estate 
and any interest therein, other than by devise or by the laws regulating 
intestate succession and descent. The rate of the tax is ten cents per one 
hundred dollars, or fractional part thereof, of the price or consideration 
for such sale, grant, or transfer; except that ^vhere the price or considera- 
tion is less than one hundred dollars there shall be no tax, and, except as 
exempted by section 2 of this chapter. 

48:2 Correction, .\mend RSA 78-B:2 (d) (supp) as inserted by 1967, 
320:1 by striking out in said subparagraph after the word "discharge" the 
word "or" and inserting in place thereof the word (of) so that said sub- 
paragraph as amended shall read as follows: (d) to a discharge of mortgage 
or other instrument solely to release security for a debt or obligation: 

48:3 Effective Date. This act shall take effect sixty days after its passage. 
[Approved March 13, 1969.] 
[Effective date Mav 12, 1969.] 



CH.APTER 49. 

\X ACT PERiHTTING CITIES .ANT) TO^^•NS TO PRO\TDE AMBULANCE SERVTCES. 

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

49:1 Appropriation by Towns. Amend RSA 31:4 by inserting after 
paragraph XL (suppj the following new paragraph: XLI. .Ambulance 



32 Chapter 50 [1969 

Service. To aid, support, provide, and maintain ambulance service; to 
defray the expenses of, contribute toward and appropriate funds for am- 
bulance services. 

49:2 Effective Date. This act shall take effect upon passage. 
[Approved March 13, 1969.] 
[Effective date March 13, 1969.] 



CHAPTER 50. 

AN ACT RELATIVE TO THE EXPIRATION DATE OF SNO\VMOBILE REGISTRATIONS. 

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

50:1 Date Changed. Amend RSA 262:47 (supp) as inserted by 1967, 
450:1 by striking out in lines three through six the words "No snow travel- 
ing vehicle shall be registered until the registrant has obtained a permit 
to register in the same manner as in the case of motor vehicles as prescribed 
in RSA 260:22 and pay the fees prescribed in RSA 260:27" and inserting 
in place thereof the following: (No person registering a snow traveling 
vehicle shall be required to obtain a town permit as in the case of regis- 
tering a motor vehicle as prescribed in RSA 260:22, and the town clerk of 
each town shall prepare an application for registration of a snow traveling 
vehicle for a fee of fifty cents) so that said section as amended shall read 
as follows: 262:47 Registration. No snow traveling vehicle shall be op- 
erated in this state unless registered under this chapter, except as otherwise 
provided. No person registering a snow traveling vehicle shall be required 
to obtain a town permit as in the case of registering a motor vehicle as 
prescribed in RSA 260:22, and the town clerk of each town shall prepare 
an application for registration of a snow traveling vehicle for a fee of fifty 
cents. The provisions of RSA 262:30 shall not apply. The director of motor 
vehicles is authorized to register such snow traveling vehicle and issue a 
registration certificate and assign a registration number plate to such ve- 
hicle. All such registrations shall expire at the end of June thirty in each 
year. The director of motor vehicles shall receive a fee of six dollars for 
each registration issued hereunder, two dollars of which shall be retained 
by the division of motor vehicles to defray expenses incurred in connection 
with the manufacture and issuance of registration plates; four dollars shall 
be transferred to the fish and game department of the state of New Hamp- 
shire. 

50:2 Registrations Extended. Any registration issued pursuant to 
RSA 262:47 (supp), as inserted by 1967, 450:1, that would expire on March 
31, 1969, is hereby extended to and declared to be valid until June 30, 1969. 

50:3 Effective Date. This act shall take effect upon its passage. 
[Approved March 13, 1969.] 
[Effective date March 13, 1969.] 



1969] Chapter 51 33 

CHAPTER 51. 

AN ACT INCREASING THE APPROPRIATION FOR THE REPAIRING OF ASHLAND DAM. 

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

51:1 Additional Appropriation. Amend the unnumbered introductory 
paragraph of Laws of 1967, 394:1 by striking out in line one the words 
"seventy-nine" and inserting in place thereof the words (eighty-seven) so 
that said unnumbered paragraph, as amended, shall read as follows: 394:1 
Appropriation. The sum of seven million, eighty-seven thousand, nine 
hundred sixty dollars is hereby appropriated for the purpose of capital 
improvements and long term repairs, which purpose includes such related 
improvements, facilities, and equipment and furnishings as are necessary to 
complete the same. 

51:2 Water Resources. Amend Laws of 1967, 394:1, VII by striking 
out in line eight the words and numerals "Ashland Dam 15,000" and insert- 
ing in place thereof the words and numerals (Ashland Dam 23,000) and by 
striking out the total appropriation for water resources of "282,910" and 
inserting in place thereof the numerals (290,910) so that said paragraph, as 
amended, shall read as follows: 

VII. Water resources: 

Bow Lake $17,000 

Milton Three Ponds 40,000 

Souhegan, all sites 60,010 

Baker River 76,000 

Cold River 12,400 

Baker River, recreation sites 62,500 

Ashland Dam 23,000 



290,910 

51:3 Total. Amend Laws of 1967, 394:1 by striking out the total ap- 
propriation for section 1 reading "$7,079,960" and inserting in place thereof 
the following numerals ($7,087,960). 

51:4 Bonds Authorized. Amend Laws of 1967, 394:8 by striking out in 
line four the words "seven hundred eighty" and inserting in place thereof 
the words (seven hundred eighty-eight) so that said section as amended shall 
read as follows: 394:8 Bonds Authorized. To provide funds for the appro- 
priations made in sections 1, 2 and 3 of this act the state treasurer is 
hereby authorized to borrow upon the credit of the state not exceeding the 
sum of twenty-one million, seven hundred eighty-eight thousand, three hun- 
dred seventy-five dollars and for said purpose may issue bonds and notes 
in the name and on behalf of the state of New Hampshire in accordance 
with the provisions of RSA 6-A. 

51:5 Effective Date. This act shall take effect upon its passage. 
[Approved March 18, 1969.] 
[Effective date March 18, 1969.] 



34 Chapter 52 [1969 

CHAPTER 52. 

.\N ACT RELATIVE TO THE 1969 APPROPRIATION FOR THE DIVISION OF P.\RKS. 

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

52:1 Appropriation Increased. Amend Laws of 1967, 380:1 in the ap- 
propriation for the division of parks by striking out in the appropriation 
for self-supporting parks the following: 

"Personal services: 

Permanent $422,734 

Other 170,000 



Total $592,734 

Current expenses* 147,000 

*This appropriation includes $28,000 for insurance which shall not be 
transferred or expended for any other purpose." 

and inserting in place thereof the following: 

(Personal services: 

Permanent $407,734 

Other 205,000 



Total $612,734 

Current expenses* 172,000 

*This appropriation includes $33,500 for insurance which shall not be 
transferred or expended for any other purpose.) 

52:2 Appropriation Decreased. Amend Laws of 1967, 380:1 in the ap- 
propriation for the division of parks by striking out in the appropriation 
for bonds and interest the following: 

"Estimate re issue of 1968 45,000 



Total bonds and interest 759,933" 

and inserting in place thereof the follo"^\ing: 

(Total bonds and interest 714,933) 

52:3 Effective Date. This act shall take effect upon its passage. 
[Approved March 19, 1969.] 
[Effective date March 19, 1969.] 



CHAPTER 53. 



AN ACT RELATIVE TO THE POWER OF THE DIRECTOR OF FISH AND GAME 
FOR THE PROTECTION OF DEER HERDS. 

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

53:1 Director's Power. Amend RSA 208:4-a as inserted by 1963, 298:3 
by inserting in line two after the words "section 2" the following (or any 



1969] Chapter 54 35 

other provision of the law) and by striking out in line six the word "one" 
and inserting in place thereof the word (three) so that said section as amend- 
ed shall read as follows: 208:4-a Protection of Herd. Notwithstanding the 
provisions of section 2 or any other provision of the law, the director of 
fish and game, whenever he shall deem such action necessary to protect and 
conserve the deer herd of the state, shall have the authority to close any 
section of the state to hunting and taking deer. Any person hunting and 
taking deer from an area of the state closed to such hunting and taking 
hereunder shall be fined not more than three hundred dollars. 

53:2 Scope of Authority. Amend RSA 208:4-b (supp) as inserted by 
1965, 290:1 by inserting in the second line after the words "section 2" the 
following words (or any other provision of the law) so that said section as 
amended shall read as follows: 208:4-b Power of Director. Notwithstand- 
ing the provisions of section 2 or any other provision of the law, the di- 
rector of fish and game, when in his judgement this is necessary to insure 
the welfare of the herd, shall have the authority to order the reduction of 
its numbers on any island in the state by the most expedient means at his 
command. 

53:3 Repeal. Chapter 16 of the Laws of 1925 relative to open season 
for hunting is hereby repealed. 

53:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 27, 1969.] 
[Effective date May 26, 1969.] 



CHAPTER 54. 

AN ACT RELATIVE TO TAX EXEMPTION FOR TOTALLY DISABLED VETERANS. 

Be it Enacted by the Senate a?id House of Representatives in General Court 
convened: 

54:1 — Total Disability. Amend RSA 72:35 (supp), as amended by 
1955, 283:1; 1963, 174:1, and 1967, 219:6, by striking out in lines seven and 
nine the words "four hundred" and inserting in place thereof the follow- 
ing (six hundred) so that said section as amended shall read as follows: 72:35 
— Total Disability. If any person, qualified as defined in section 28 of this 
chapter, shall be totally and permanently disabled from service connection 
and satisfactory proof of such service connection is furnished to the as- 
sessors, or if such person be a double amputee or paraplegic as a result of 
service connection, he or his wife or widow shall be exempt each year from 
taxation upon his or her real or personal property in the amount of six 
hundred dollars in taxes under the conditions set forth in sections 28, 30, 
31 and 32 of this chapter; provided that, in the case of undivided owner- 
ship, the limit of exemption shall be six hundred dollars as regards the 
interest of such entitled persons therein; and provided further that, if a 
person, qualified as defined in section 28 of this chapter who is a double 
amputee or paraplegic as a result of service connection and owns a specially 



36 Chapter 55 . [1969 

adapted homestead which has been acquired with the assistance of veterans 
administration he shall be exempt from all taxation on said homestead. 

54:2 Effective Date. This act shall take effect April 1, 1969. 
[Approved March 27, 1969.] 
[Effective date April 1, 1969.] 



CHAPTER 55. 



AN ACT RELATIVE TO THE PROCEDURE FOR CLAIMING VETERANS' 
PROPERTY TAX EXEMPTIONS. 

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

55:1 Filing Permanent Application. Amend RSA 72:33 by striking out 
said section and inserting in place thereof the following: 

72:33 — Application for Exemption. 

I. No person shall be entitled to the exemptions provided by sections 
28, 29-a, 30, 31, 32, 35, 36-a and 37 unless he shall have filed with the se- 
lectmen or assessors, on or before April fifteenth of some year, a permanent 
application therefor signed under penalty of perjury, on a form approved 
and provided by the state tax commission showing that the applicant is 
duly qualified and is the true and lawful owner of the property on which 
the exemption is claimed. Any person who changes his residence after filing 
such a permanent application shall file an amended permanent applica- 
tion on or before the April fifteenth immediately following his change of 
residence. If any person, otherwise qualified to receive an exemption, shall 
satisfy the selectmen or assessors that he was prevented by accident, mistake 
or misfortune from filing a permanent application or amended permanent 
application on or before April fifteenth of the year in which he desires the 
exemption to begin, said officials may receive said application at a later 
date and grant an exemption thereunder for that year; but no such ap- 
plication shall be received or exemption granted after the local tax rate 
has been approved for that year. 

II. All persons claiming exemption in years succeeding the first ap- 
plication must apply for exemption annually on an inventory blank as 
provided in RSA 74:4. 

55:2 Filing Annually. Amend RSA 74:4 (supp) as amended by 1961, 
270:4 by striking out said section and inserting in place thereof the follow- 
ing: 74:4 Inventory Blanks. The inventory blanks shall be so arranged 
and formulated as to require, under penalty of perjury, from the person 
or corporation to be taxed, in answer to interrogatories therein stated, 
(a) a statement from each person who is claiming a property tax exemp- 
tion under RSA 72:28, 29-a, 30, 31, 32, 35, 36-a or 37 that he is applying 
for said exemption and is entitled thereto, (b) a description of all real 
estate taxable to the person or corporation, (c) a statement of the gross 
amount or quantity of each class of personal property for which he or it 
is taxable, except boats which are not stock in trade, (d) such other in- 
formation as will enable the selectmen or assessors to assess all the taxable 



1969] Chapter 56 37 

property of such person or corporation and at its true value, and (e) a list 
of the shares in railroad corporations of this state owned by such person 
or corporation. The blanks shall require the owner's estimate of the value 
of his stock in trade, but not of his other property. The blank shall also 
require the owner's estimate of the amount and kind of merchantable wood 
and timber owned by him and standing on the land of another. 

55:3 Effective Date. This act shall take effect April 1, 1970. 
[Approved March 27, 1969.] 
[Effective date April 1, 1970.] 



CHAPTER 56. 

AN ACT RELATIVE TO TAX EXEMPTION OF WIDOWS OF MEN KILLED ON ACTIVE DUTY. 

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

56:1 Widows. Amend RSA 72:29-a (supp) as inserted by 1963, 174:2 
and amended by 1967, 219:3 by striking out in line seven the word "four" 
and inserting in place thereof the word (six) so that said section as amended 
shall read as follows: 72:29-a Widows. The widow of any person who was 
killed or died while on active duty in the armed forces of the United States 
or any of the armed forces of any of the governments associated with the 
United States in the wars, conflicts or armed conflicts, or combat zones set 
forth in section 28, so long as she remains his widow, shall be exempt each 
year from taxation upon her real and personal property, whether residen- 
tial or not, in the amount of six hundred dollars in taxes. 

56:2 Effective Date. This act shall take effect April 1, 1969. 
[Approved March 27, 1969.] 
[Effective date April 1, 1969.] 



CHAPTER 57. 



AN ACT CREATING A COMMISSION TO STUDY APPROVED NON-PUBLIC SCHOOL PROBLEMS 

IN THE STATE. 

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

57:1 Approved Non-Public School Study Commission. An approved 
non-public school study commission of fifteen members, taken from the 
general public and representing diversified segments of society, is hereby 
established to examine, evaluate and make recommendations relating to 
approved non-public school problems and their impact upon the respective 
communities in which said approved non-public schools are located. The 
commission shall be appointed as follows: Five members each shall be ap- 
pointed by the speaker of the house of representatives, the president of the 



38 Chapter 58 [1969 

senate and the governor. The members shall not be entitled to any salary, 
but are entitled to reimbursement for actual expenses incurred in the per- 
formance of their duties under this act. 

57:2 Duties. The commission shall study among other things: (1) The 
desirability of maintaining a dual system of education; (2) the question of 
whether or not the state may give assistance, financial or otherwise, to the 
approved nonpublic schools of the state; (3) the number of approved non- 
public schools that may be in danger of being forced to close in the near 
future due to lack of adequate financial support; (4) the impact that the 
closing of an approved nonpublic school will have on particular communi- 
ties and their public school systems; and (5) the ways in which the state 
may help communities prepare for and solve the problems incident to the 
closing of an approved nonpublic school, and (6) the transfer of nonpublic 
real property to the school district. 

57:3 Report and Recommendations. The Commission shall submit 
an interim report by May first to the 1969 session of the legislature. 

57:4 Appropriation. The sum of fifteen hundred dollars is appropri- 
ated for the purposes of this act. The governor is authorized to draw his 
warrant for this appropriation out of any money in the treasury not other- 
wise appropriated. 

57:5 Effective Date. This act shall take effect upon its passage. 
[Approved March 27, 1969.] 
[Effective date March 27, 1969.] 



CHAPTER 58. 

AN ACT TO PROHIBIT MOTORBOATS ON BIG AND LITTLE CHERRY PONDS IN JEFFERSON. 

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

58:1 Motorboats Prohibited. Amend RSA 486 by inserting after sec- 
tion 7 the following new section: 486:8 Big and Little Cherry Ponds in 
Jefferson. On and after the date of the passage of this act, no person shall 
use or operate any motorboat or other boat equipped with an outboard 
motor on the waters of the Big Cherry Pond or Little Cherry Pond in the 
town of Jefferson. Whoever violates the provisions of this section shall be 
fined not more than fifty dollars. 

58:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 4, 1969.] 
[Effective date April 4, 1969.] 



1969] Chapter 59 39 

CHAPTER 59. 

AN ACT CHANGING THE DEADLINE FOR SUBMISSION OF ARTICLES TO BE INSERTED 

IN THE WARRANT. 

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

59:1 Deadline Changed to Thirty-five Days Before the Town Meeting. 

Amend RSA 39:3 by striking out in line three the word "twenty-five" and 
inserting in place thereof the word (thirty-five) so that said section as 
amended shall read as follows: 39:3 Articles. Upon the wTitten applica- 
tion of ten or more voters or one sixth of the voters in town, presented to 
the selectmen or one of them at least thirty-five days before the day pre- 
scribed for an annual or biennial meeting, the selectmen shall insert in 
their warrant for such meeting any subject specified in such application. 
Upon the WTitten application of fifty or more voters or one fourth of the 
voters in town, so presented not less than sixty days before the next annual 
meeting, the selectmen shall warn a special meeting to act upon any ques- 
tion specified in such application. The word "voters" in this section shall 
mean persons listed as such in the last previous revision of the check-list. 

59:2 Rqieal of Redundant Section. Repeal RSA 39:3-a (supp) as in- 
serted by 1963, 110:1. 

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

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 60. 

AN ACT PROVIDING FOR THE APPOINTMENT OF CERTAIN OFFICERS AT ADDITIONAL 
POLLING PLACES AND AUTHORIZING THE ADMINISTRATION OF CERTAIN OATHS. 

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

60:1 Appointment of Assistant Moderator and Assistant Clerk. Amend 
RSA 59:48 by striking out said section and inserting in place thereof the 
following: 59:48 Officers. The moderator shall appoint an assistant mod- 
erator and the town clerk shall appoint an assistant clerk, who shall be 
residents of the voting district, for each additional polling place and said 
assistant moderator shall have the power to administer the oath of office 
to all election officials at the additional polling place. The selectmen shall 
appoint for each additional polling place four inspectors of election, who 
shall be residents of the voting district, and who shall be qualified in the 
same manner as such officers are for the central polling place. The duties 
of such officers shall be the same as the duties of like officers at the central 
polling place except as herein otherwise provided. The officers so appointed 



40 Chapter 61 [1969 

shall be sworn in by the assistant moderator before entering upon their 
duties. 

60:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 4, 1969.] 
[Effective date April 4, 1969.] 



CHAPTER 61. 

AN ACT TO AUTHORIZE TOWN TREASURERS TO APPOINT DEPUTY TOWN TREASURERS. 

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

61:1 Deputy Treasurer. Amend RSA 41 by inserting after section 29 
(supp) the following new section: 41:29-a Deputy treasurer. Any town 
may, under an article in the warrant for the annual town meeting, vote 
to authorize the treasurer, with the approval of the selectmen, to appoint 
a deputy treasurer. Said deputy shall be sworn, shall have the powers of 
the treasurer, may be removed at the pleasure of the treasurer, and shall, 
before entering upon the duties of his office, give bond as provided in sec- 
tion 6 of this chapter. 

61:2 Optional Provisions. Amend RSA 41:55 by striking out in line 
four the words "the superior court may, upon application of the selectmen" 
and inserting in place thereof the following (the selectmen may, unless the 
town has voted to adopt the provisions of RSA 41:29-a,) so that said section 
as amended shall read as follows: 41:55 Town Treasurer. If any person 
holding the office of town treasurer shall, by reason of illness, accident, 
absence from the state or other cause, become temporarily incapacitated 
and unable to perform the duties of his office, the selectmen may, unless 
the town has voted to adopt the provisions of RSA 41:29-a, declare a tem- 
porary vacancy and appoint an acting town treasurer to perform the duties 
of the office for a limited period of time, and fix his compensation and the 
amount of his bond. Said appointee shall be subject to the requirements 
and liabilities of such office during his term. 

61:3 Effective Date. This act shall take effect upon its passage. 
[Approved April 4, 1969.] 
[Effective date April 4, 1969.] 



CHAPTER 62. 

AN ACT RELATIVE TO THE LARCENY OF DEER, OR BEAR. 

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

62:1 Larceny of Deer or Bear. Amend RSA 208 by inserting after sec- 
tion 9 (supp) the following new section: 208:9-a Larceny of Deer or Bear. 
Any person who shall steal, take and carry away a deer, bear or any part 



1969] Chapter 63 41 

thereof, of another without permission shall be fined not more than three 
hundred dollars nor imprisoned more than six months or both. 

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

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 63. 

AN ACT INCREASING FEES OF AGENTS FOR ISSUANCE OF FISH AND GAME LICENSES. 

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

63:1 Fish and Game License Fees. Amend RSA 214:15, as amended 
by 1959, 254:3 and 1961, 32:3, by striking out in line two the word "twenty- 
five" and inserting in place thereof the word (fifty) so that said section as 
amended shall read as follows: 214:15 Agent's Accounting. The agent 
shall collect from the licensee a fee of fifty cents for each license issued and 
shall account to the director for the full face value of the licenses. He shall 
on the first day of each month, pay to the director the full face value of 
all licenses sold and shall report the names and addresses of all persons to 
whom licenses have been sold and such other information as may be re- 
quested on blanks to be furnished by the director. 

63:2 Agent's Fees. Amend the introductory paragraph of RSA 214:9 
by striking out in line three the word "twenty-five" and inserting in place 
thereof the Tvord (fifty) so that said paragraph as amended shall read as 
follows: The applicant shall fill out and subscribe to a blank to be fur- 
nished by the director and pay the agent the following fees, in addition 
to the fee of fifty cents, as provided in section 15. 

63:3 Clams and Oysters. Amend RSA 211:62-a (supp) as inserted by 
1959, 194:2 and amended by 1967, 383:1, by striking out in line eleven the 
word "twenty" and inserting in place thereof the word (fifty) and by strik- 
ing out in line thirteen the -^vord "twenty" and inserting in place thereof 
the word (fifty) so that said section as amended shall read as follows: 
211:62-a Licenses for Taking. No person shall at any time take clams, 
clam worms or oysters unless he is a resident of the state and he has been 
duly licensed as provided in this section, provided that a resident of the 
state may take from any public tidal area which is not specifically posted 
to the contrar)' by the fish and game department, not over one quart of 
clam worms during any one day for his own use without a license therefor 
and no rules or regulations shall be made by the director of the fish and 
game department inconsistent with this provision. Any resident of this 
state shall, upon application to the director of the fish and game depart- 
ment, be granted a license to take clams or clam worms or oysters upon 
payment of a fee of four dollars and fifty cents for any one of said licenses 
except resident persons under the age of twelve the fee shall be two dol- 
lars and fifty cents. Such licenses shall be issued for the current calendar 
year. The director of the fish and game department shall make readily 
available such licenses as are covered by this section through its regular 
outlets. 



42 Chapter 64 [1969 

63:4 Increase of Fees. Amend RSA 211:62-b (supp) as inserted by 1961, 
186:1 and amended by 1967, 383:2 by striking out in line three the word 
"twenty" and inserting in place thereof the word (fifty) so that said section, 
as amended shall read as follows: 211:62-b Agents' Fees. Agents who are 
authorized to issue licenses under the provisions of section 62-a shall be 
entitled to retain for each such license the sum of fifty cents and shall remit 
to the fish and game department the balance of the fee, namely, four dollars 
and two dollars respectively depending on the age of the applicant. 

63:5 Effective Date. This act shall take effect January 1, 1970. 
[Approved April 4, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 64. 

AN ACT RELATIVE TO THE ISSUANCE OF SPECIAL FISHING PERMITS BY CERTAIN STATE 

INSTITUTIONS. 

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

64:1 Veterans Hospitals; Crotched Mountain Rehabilitation Center. 

Amend RSA 214:14 as amended by 1963, 88:1 by striking out said section 
and inserting in place thereof the following: 214:14 Patients at Veterans 
Hospitals; Crotched Mountain Rehabilitation Center. Patients of the vet- 
erans hospitals at White River Junction, Vermont and Manchester, New 
Hampshire, and the Crotched Mountain Rehabilitation Center at Green- 
field, New Hampshire, may fish without a license on a special permit issued 
by the doctor in charge when such form of recreation may be of thera- 
peutic benefit to such patients, provided that no such special permit shall 
be valid for a period longer than the length of residency at the hospital 
of the patient to whom the special permit is issued. Patients fishing under 
the provisions of this section shall be under the direct supervision of the 
recreation supervisor, or his designate, of said hospitals. The fish and game 
director shall furnish permit forms to said hospitals at their request, to be 
filled out when issued. The number of permits issued shall be reported to 
the director once each year as he shall direct. 

64:2 Other Institutions. Amend RSA 214:14-a as inserted by 1963, 
88:2 by striking out said section and inserting in place thereof the follow- 
ing: 214:14-a Residents at Certain State Institutions. Residents at the Laconia 
State School, the New Hampshire Hospital in Concord, the Glencliff Sana- 
torium and the New Hampshire Soldiers Home in Tilton may fish without a 
license on a special permit issued by the superintendent of any such institu- 
tion when such form of recreation may be of therapeutic benefit to such 
residents, provided that no such special permit shall be valid for a period 
longer than the length of residency at the institution of the resident to 
whom the special permit is issued. The determination of benefit to said 
residents shall be made upon recommendation of a director in charge at 
the institution. Residents fishing under the provisions of this section shall 
be under the direct supervision of an employee of said institution. The 



1969] Chapter 65 43 

fish and game director shall furnish permit forms to such institutions at 
their request to be filled out when issued. The number of permits issued 
shall be reported to the director once each year as he shall direct. 

64:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 65. 



AN ACT RELATIVE TO FILING DECLARATIONS OF CANDIDACY FOR DELEGATE TO A 

NATIONAL CONVENTION. 

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

65:1 National Convention Delegates. Amend RSA 57:5 by striking 
out the words (or file with him a petition containing one hundred names 
of legal voters) in lines five and six so that said section as amended shall 
read as follows: 57:5 Declaration of Candidacy. The name of a candidate 
shall not be printed upon any such ballot unless not more than sixty nor 
less than thirty days before the primary he files with the secretary of state 
a declaration of candidacy, and unless he, or some person for him, shall pay 
to the secretary of state a filing fee of ten dollars requesting that his name 
be placed on the primary ballot; provided, that vacancies on the primary 
ballot of any party may be filled as provided in section 7 hereof. The num- 
ber of days herein given shall include Sundays and shall end on the day 
before the primary at six o'clock in the afternoon. 

65:2 Effective Date. This act shall take effect January 1, 1972. 
[Approved April 4, 1969.] 
[Effective date January 1, 1972.] 



CHAPTER 66. 

AN ACT TO PROVIDE FOR BIENNIAL HEARING BEFORE FISH AND GAME COMMISSION. 

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

66:1 Fish and Game Director, Powers of. Amend RSA 206:11 (supp) 
as amended by 1955, 32:1 and 1967, 16:1, by striking out said section and 
inserting in place thereof the following: 206:11 — Hearings as to. Once 
each biennium, on the odd numbered year, the director shall hold public 
hearings for the purpose of hearing testimony relative to changes in the 
fishing rules and regulations or upon any other subject with respect to his 
duties. Such hearing shall be held at the superior court house in Concord 
commencing at 10:00 a.m. on the first Monday in June, and at the superior 
court house at Lancaster on the following Friday commencing at 10:00 a.m. 



44 Chapter 67 [1969 

All suggested changes in the fishing rules and regulations proposed by the 
fish and game department, and any other suggested changes proposed by any 
person, or persons that the department may have knowledge of, shall be pub- 
lished at least twice in two newspapers having general circulation throughout 
the state, and in such other newspapers, magazines, or circulars as the di- 
rector may deem desirable to appraise the public of the agenda, between 
the dates of May first and May thirtieth immediately prior to the public 
hearings. In order for the director with the approval of the commission, to 
promulgate rules and regulations changes under the authority conferred 
by this section, it shall be mandatory that the subject matter to be changed 
is to have appeared on the published agenda hereinbefore described. It 
shall be the duty of the members of the commission to be in attendance 
at such hearings. In the event of the illness of the director, or a majority 
of the commission not being present, or other unforeseen contingency, 
such hearings shall be adjourned or postponed. In the event of such ad- 
journment or postponement, notice of the time of subsequent hearing shall 
be posted at such court house and given such other publicity as the direc- 
tor shall deem proper to give adequate notice thereof to interested parties. 
The director may in his discretion conduct other public or private hear- 
ings throughout the year upon petition of interested parties. At the bien- 
nial hearings held at Concord and Lancaster and at other public hearings 
that the director shall hold in accordance with the provisions of this sec- 
tion, any person having any testimony to present which bears upon the 
power and authority of the director under the provisions of this title, shall 
be given full opportunity to be heard, and the director shall cause a com- 
plete stenographic record to be kept of all testimony taken. 

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

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 67. 

AN ACT REQUIRING THAT PER.\MBULATIONS OF TOWN LINES BE FILED WITH THE 

SECRETARY OF STATE. 

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

67:1 Perambulations. Amend RSA 51:4 by striking out in line four the 
following "and recorded in the respective town books" and inserting in 
place thereof the following (recorded in the respective town books, and 
filed with the secretary of state) so that said section as amended shall read 
as follows: 51:4 — Return. A return of the perambulation shall be made, 
particularly describing the courses and distances and the marks and monu- 
ments of such line, which shall be signed by the selectmen or persons mak- 
ing the same, recorded in the respective town books, and filed with the 
secretary of state. 



1969] Chapter 68 45 

67:2 EfiEective Date. This act shall take effect sixty days after its pas- 



sage. 



[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 68. 

AN ACT TO INCREASE MAXIMUM PENALTY FOR VIOLATING TOWN BY-LAWS. 

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

68:1 Town By-laws. Amend RSA 31:39 by striking out in line nineteen 
the word "ten" and inserting in place thereof the word (fifty) so that said 
section as amended shall read as follo^vs: 31:39 Purposes and Penalties. 
Towns may make by-laws for the care, protection, preservation and use of 
the public cemeteries, parks, commons, libraries and other public institu- 
tions of the town; for the prevention of the going at large of horses and 
other domestic animals in any public place in the town; for the observance 
of Memorial Day, whereby interference with and disturbance of the exer- 
cises for such obsen^ance, by processions, sports, games or other holiday 
exercises, may be prohibited; to regulate the use of mufflers upon boats 
and vessels propelled by gasoline or naphtha and operating upon the waters 
within the town limits; respecting the kindling, guarding, and safekeeping 
of fires, and for removing all combustible materials from any building or 
place, as the safety of property in the town may require; respecting the col- 
lection, removal and destruction of garbage and other waste materials; to 
regulate the operation of vehicles, except by railways as common carriers, 
upon their streets, to regulate the conduct of public dances; to regulate 
the conduct of roller skating rinks; and for making and ordering their 
prudential affairs. They may appoint all such officers as may be necessary 
to carry the by-laws into effect, and may enforce their observance by suit- 
able penalties not exceeding the fifty dollars for each offense, to enure to 
such uses as they may direct. 

68:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 69. 

AN ACT RELATIVE TO GENERAL HOUSEKEEPING CHANGES IN THE LAWS CONCERNING 
THE STATE BOARD OF EDUCATION. 

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

69:1 Repeal. RSA 186:1 1, V relative to certifying the number of pupils 
enrolled in public schools is hereby repealed. 



46 Chapter 70 [1969 

69:2 Certification of Teachers. Amend RSA 186:11, X by striking out 
said paragraph and inserting in place thereof the following: X. Teacher 
Certification. Establish certification regulations as circumstances require 
and examine the qualifications of candidates for teachers, supervisors and 
administrators in the public schools and issue certificates to those who meet 
the requirements of said regulations. 

69:3 Recognizing Non-public Schools. Amend RSA 186:11, XXIX by 
striking out said paragraph and inserting in place thereof the following: 
XXIX. Non-public Schools. Establish reasonable criteria for approving 
non-public schools for the purpose of compulsory attendance requirements, 
and upon request designate such schools which meet those criteria. 

69:4 Repeal. RSA 186:25-34 inclusive as amended by 1959, 182:1 rela- 
tive to examination of candidates for teachers are hereby repealed. 

69:5 Repeal. RSA 186:35-38 inclusive relative to teachers' institutes 
are hereby repealed. 

69:6 Proceeds From Sale of Certain State Lands. Amend RSA 186 by 
inserting after section 7 the following new section: 186:7-a Special Teacher 
Competence Fund. The state treasurer shall invest as a permanent fund 
the proceeds of the sale of the state lands affected under the authority of a 
joint resolution approved June 28, 1867 and the annual income thereof 
may be used by the state board of education for any activity calculated to 
increase the professional competence of the teachers of New Hampshire. 

69:7 Handicapped Children. Amend RSA 186-A:11 (supp) as inserted 
by 1965, 378:1 by striking out in line two the word "remedial" and by strik- 
ing out in line six the words "a remedial" and inserting in line six in place 
thereof the word (an) so that said section as amended shall read as follows: 
186-A:11 State Aid. The state board of education is authorized to pro- 
mulgate a program setting forth standards for education for handicapped 
children and to pay over to any school district, or private organization 
operating such an approved program, certain sums to pay a portion of the 
actual cost of the education of each New Hampshire resident child in such 
an education program, so long as said program meets the standards set by 
the state board of education and so long as funds are appropriated for the 
purpose. 

69:8 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 70. 



AN ACT RELATIVE TO PROCEDURE FOR ANNEXATION OF A SCHOOL DISTRICT TO A 
COOPERATIVE SCHOOL DISTRICT. 

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

70:1 Special Meeting. Amend RSA 195:16 by inserting after paragraph 
III the following new paragraph: Ill-a. Within sixty days after the board 



1969] Chapter 71 47 

has issued its certificate of the lawful annexation of such pre-existing school 
district to the cooperative school district, the board shall fix a time and 
place for a special meeting of the qualified voters within the districts, and 
shall prepare the warrant for the meeting after consultation with school 
boards of the pre-existing school district and cooperative school district. 
The warrant shall include articles for the election of a school board mem- 
ber or members from the annexed school district and other items of busi- 
ness that require action under the terms of the articles of annexation. The 
warrant shall be under the hand of the commissioner, in the name of the 
board, and the commissioner shall cause attested copies of same to be posted 
at least fourteen days before the meeting in three public places in each 
district and a copy of the same to be published at least one week before 
the date of the meeting in some newspaper generally circulated within the 
cooperative school district. The expense of posting and publishing the 
warrant shall be paid by the state. The agent or agents of the commissioner 
who post and cause publication of the warrant shall make a return thereof, 
which, with the warrant, shall be made a part of the district records. The 
meeting shall be called to order by the moderator of the cooperative school 
district. This meeting shall have the same power and authority as an an- 
nual meeting with reference to the raising or appropriating of money. At 
this meeting and at all future special and annual meetings, qualified voters 
of the annexed district are eligible for participation in all matters of the 
cooperative school district. 

70:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 71. 



AN ACT AUTHORIZING THE DIRECTOR TO MAKE REGULATIONS RELATIVE TO IMPORT- 
ING OR RELEASING WILD LIFE IN THIS STATE. 

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

71:1 Permit Required. Amend RSA 207:14 as amended by 1963, 164:1 
by striking out said section and inserting in place thereof the following 
new section: 207:14 Importing and Releasing. Except as provided by sec- 
tion 14-a no living fish or the fry thereof, no living wild bird or the eggs 
thereof, and no living wild animal shall be brought into this state by any 
person, for sale or release therein, from any other state or country without 
first procuring a permit from the director so to do. The fee for such permit 
shall be five dollars. The director shall have the right to refuse to issue a 
permit for such entry into this state upon a finding that their introduction 
would be detrimental to the best interests of the state. 

71:2 Reasonable Classification Amend RSA 207 by inserting after sec- 
tion 14 the following new section: 207:14-a Director's Power to Regulate. 
The director may with the approval of the commission establish a list al- 



48 Chapter 72 [1969 

lowing certain living fish or the fry thereof, certain living wild birds or 
the eggs thereof, or certain living wild animals to be brought into this state, 
for the sale or release therein, from any other state or country without 
obtaining a permit as required by section 14. 

71:3 Effective Date This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[EfiEective date June 3, 1969.] 



CHAPTER 72. 

AN ACT DEFINING A HANDICAPPED CHILD. 

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

72:1 Handicapped Child Defined. Amend RSA 186-A:2, IV (supp) as 
inserted by 1965, 378:1 by striking out said paragraph and inserting in 
place thereof the following: IV. "Handicapped child" shall mean any 
child who is handicapped by one or more of the above defined handicaps. 

72:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 73. 

AN ACT RELATIVE TO APPLICATION OF OLD AGE AND SURVIVORS INSURANCE RELATIVE 
TO OFFICIALS OF POLITICAL SUBDIVISIONS. 

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

73:1 Definitions. Amend RSA 101:2, II as amended by 1955, 301 part 
11:2 and 1957, 48:2 by inserting in line sixteen after the word "subdivision" 
the following (Notwithstanding any other provision of this paragraph, a 
political subdivision of the state may at the option of said political sub- 
division modify its plans submitted under section 5 to exclude service per- 
formed by election officials or election workers if the remuneration paid 
in a calendar quarter for such service is less than fifty dollars. Notwithstand- 
ing any other provision of this paragraph, a political subdivision of the 
state submitting plans under section 5, may at the option of said political 
subdivision include or exclude service performed by election officials or 
election workers if the remuneration paid in a calendar quarter for such 
service is less than fifty dollars) so that said paragraph as amended shall 
read as follows: II. The term "employment" means any service performed 
by an employee or official in the employ of the state, or any political sub- 



1969] Chapter 74 49 

division thereof, for such employer, except (1) service which in the absence 
of an agreement entered into under this act would constitute "employment" 
as defined in the Social Security Act; or (2) service which under the Social 
Security Act may not be included in an agreement between the state and 
the Secretary of Health, Education and Welfare entered into under this 
act; or (3) service performed by members and those eligible to be members 
of the policemen's retirement system or firemen's retirement system; or (4) 
service of an emergency nature; or (5) service performed by a student as 
provided in section 218 (c) (5) of the Social Security Act; or (6) service in 
any class or classes of positions filled by popular election and any class 
or classes of positions the compensation for which is on a fee basis, per- 
formed (A) by an employee of the state, or (B) as so provided in the plans 
submitted under section 5, by a political subdivision of the state, by an 
employee of such subdivision. Notwithstanding any other provision of this 
paragraph, a political subdivision of the state may at the option of said 
political subdivision modify its plans submitted under section 5 to exclude 
service performed by election officials or election workers if the remunera- 
tion paid in a calendar quarter for such service is less than fifty dollars. 
Notwithstanding any other provision of this paragraph, a political sub- 
division of the state submitting plans under section 5, may at the option 
of said political subdivision include or exclude service performed by elec- 
tion officials or election workers if the remuneration paid in a calendar quar- 
ter for such service is less than fifty dollars. Service which under the Social 
Security Act may be included in an agreement only upon certification by 
the governor in accordance with section 218 (d) (3) of that act shall be in- 
cluded in the term "employment" if and when the governor issues, with 
respect to such service, a certificate to the Secretary of Health, Education 
and Welfare pursuant to paragraph II of section 10 hereof: 

73:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 74. 

AN ACT RELATIVE TO DISTRIBUTION OF PARI-MUTUEL TAXES TO AGRICULTURAL FAIRS. 

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

74:1 Requirements for Distribution. Amend RSA 284:25 by striking 
out in line five the word "five" and inserting in place thereof the word 
(fifteen); and by adding at the end of said section the words (Provided, that 
no agricultural fair shall be eligible for a distribution pursuant to this 
section unless said agricultural fair offers premiums in at least three of 
the following areas: contests, exhibits or displays of domestic livestock, 
household products, farm crops, or projects submitted by members of 4-H 
clubs or other similar groups.) so that said section as amended shall read 
as follows: 284:25 — Distribution to Agricultural Fairs, The portion of 
the tax on pari-mutuel pools to be distributed for the promotion of agri- 



50 Chapter 75 [1969 

culture, as provided in section 23 hereof, shall be distributed by the com- 
missioner of agriculture in accordance with the following plan as to all 
agricultural fairs holding yearly exhibitions in the state and paying pre- 
miums of fifteen hundred dollars or more annually. Each year a payment 
of one hundred dollars shall be paid to all such agricultural fairs. 
The balance of said fund shall be distributed prorata to said fairs based 
on the amount of competitive or educational agricultural premiums paid 
in the preceding calendar year by said fair. In determining the premiums 
paid the commissioner shall take into consideration the premiums paid for 
contests, exhibits or displays of domestic livestock, household products, 
farm crops, and those made by 4-H clubs or other similar groups. Pro- 
vided, that no agricultural fair shall be eligible for a distribution pursuant 
to this section unless said agricultural fair offers premiums in at least three 
of the following areas: contests, exhibits or displays of domestic livestock, 
household products, farm crops, or projects submitted by members of 4-H 
clubs or other similar groups. 

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

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 75. 



AN ACT TO QUALIFY THE SMALL BUSINESS ADMINISTRATION TO BE AN ORIGINATING OR 

PARTICIPATING LENDER UNDER COOPERATIVE BANKS AND BUILDING AND 

LOAN ASSOCIATION STATUTES. 

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

75:1 Participation Loans. Amend RSA 393:23 as amended by 1959, 
97:3 by striking out said section and inserting in place thereof the follow- 
ing: 393:23 Sales and Assignments. It may sell, transfer, assign, purchase, 
and repurchase real estate mortgages, notes, or other securities and may 
collect and apply payments due upon and may otherwise service mortgage 
loans, notes, and other securities owned by others; provided that such loans, 
notes, and other securities are of such type and within such limits as are 
prescribed for direct investment by building and loan associations under 
this chapter. It may be an originating or participating lender in partici- 
pating loans as defined in RSA 387:1 provided that its participation in 
such loans shall be within such limits as are prescribed for direct invest- 
ments by building and loan associations under this chapter. The Small 
Business Administration, an agency of the United States, shall be deemed 
qualified by state law to be an originating lender or participating lender, 
within the meaning of this chapter and RSA 387:17-a. 

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

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



1969] Chapter 76 51 

CHAPTER 76. 

AN ACT RELATIVE TO TIME AND PLACE FOR HOLDING PROBATE COURT IN 
ROCKINGHAM COUNTY. 

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

76:1 Rockingham. Amend RSA 549:1 by striking out said section and 
inserting in place thereof the following: 549:1 Rockingham. The courts 
of probate shall be holden annually at the times and places following: 

For the county of Rockingham, — at Exeter, on the first Tuesday of 
February, March, May, June, October, November, and December; on the 
second and fourth Tuesdays of January, February, April, May, June, July, 
September, October, and November; and the fourth Tuesday of March. 

76:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 4, 1969.] 
[Effective date April 4, 1969.] 



CHAPTER 77. 



AN ACT RELATIVE TO LANDOWNER'S DUTY OF CARE TO USERS OF SNOW 
TRAVELING VEHICLES. 

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

77:1 Snow Traveling Vehicles. Amend RSA 212:34, I as inserted by 
1961, 201:1 by inserting in line three after the words "water sports" the 
words (snow traveling vehicles) so that said paragraph as amended shall 
read as follows: I. An owner, lessee or occupant of premises owes no duty 
of care to keep such premises safe for entry or use by others for hunting, 
fishing, trapping, camping, water sports, snow traveling vehicles, hiking, 
or sightseeing, or to give any warning of hazardous conditions, uses of, 
structures, or activities on such premises to persons entering for such pur- 
poses, except as provided in paragraph III hereof. 

77:2 Permission to Use. Amend RSA 212:34, II, as inserted by 1961, 
201:1 by striking out said paragraph and inserting in place thereof the 
following: II. An owner, lessee or occupant of premises who gives permis- 
sion to another to hunt, fish, trap, camp, hike, use snow traveling vehicles, 
or sightsee upon such premises, or use said premises for water sports, does 
not thereby (a) extend any assurance that the premises are safe for such 
purpose, or (b) constitute the person to whom permission has been granted 
the legal status of an invitee to whom a duty of care is owed, or (c) assume 
responsibility for or incur liability for any injury to person or property 
caused by any act of such person to whom permission has been granted 
except as provided in paragraph III hereof. 

77:3 Business Invitee. Amend RSA 212:34, III, as inserted by 1961, 
201:1 by striking out said paragraph and inserting in place thereof the 
following: III. This section does not limit the liability which otherwise 
exists (a) for wilful or malicious failure to guard or warn against a dan- 



52 Chapter 78 [1969 

gerous condition, use, structure or activity; or (b) for injury suffered in 
any case where permission to hunt, fish, trap, camp, hike, use for water 
sports, use snow traveling vehicles or sightsee was granted for a considera- 
tion other than the consideration, if any, paid to said landowner by the 
state; or (c) for injury caused by acts of persons to whom permission to 
hunt, fish, trap, camp, hike, use for water sports, use snow traveling vehi- 
cles or sightsee was granted to third persons as to whom the person granting 
permission, or the owner, lessee or occupant of the premises, owed a duty 
to keep the premises safe or to warn of danger. 

77:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 78. 

AN ACT RELATIVE TO BAIL AND RECOGNIZANCE REFORM. 

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

78:1 Release on Personal Recognizance. Amend RSA 597:1 by strik- 
ing out said section and inserting in place thereof the following: 597:1 
When Allowed. Except for capital offenses where the proof is evident or 
the presumption is gieat, all persons arrested for crime shall, before con- 
viction, be released on personal recognizance or be bailable by sufficient 
sureties, whichever justice may require. 

78:2 Court Direction. Amend RSA 597:2 by inserting in line three 
after the word "by" the words (personal recognizance) and by inserting in 
line four after the word "required" the words (as the court or justice may 
direct) so that said section as amended shall read as follows: 597:2 Form. 
Whenever any person charged with a criminal offense is ordered by any 
court or justice to furnish bail for his appearance before the same or some 
other court he inay do so by personal recognizance, recognizance with suffi- 
cient sureties, or by deposit of money equal to the amount of bail required 
as the court or justice may direct. Bail may be taken on Sunday. 

78:3 Personal Recognizance in Superior Court. Amend RSA 597:4 by 
inserting in line five after the word "them" the words (may release said 
person on personal recognizance or) so that said section as amended shall 
read as follows: 597:4 In Superior Court. If any person is charged with 
an offense punishable by death, or imprisonment for life or for twenty years 
or upward, the superior court or any justice thereof, upon application and 
notice to the attorney general or county attorney, and examination of such 
evidence as may be laid before them, may release said person on personal 
recognizance or may determine the amount of bail, and take the recog- 
nizance required, or authorize the clerk or any suitable justice to take it. 

78:4 When Reqxiirable. Amend RSA 597:5 by striking out said sec- 
tion and inserting in place thereof the following: 597:5 When Requirable. 
Every court and justice may, when a person is accused of an offense in 



1969] Chapter 78 53 

which said court or justice is authorized to receive bail, release said person 
on personal recognizance or require him to recognize with sureties, to ap- 
pear at a future time before himself or any other competent tribunal. 

78:5 Conditions for Release on Personal Recognizance. Amend RSA 
597 by inserting after section 6 the following new section: 

597:6-a Conditions for Release on Personal Recognizance. Any person 
shall be eligible for, and in the case of misdemeanor, shall be entitled to, 
release on personal recognizance upon satisfying the court or bail com- 
missioner before whom he seeks release, of the following conditions: 

I. That he is of such condition, both physical and mental, that his 
release will jeopardize neither himself nor the public; 

II. That his employment, family ties, and residence within the state 
or other sufficient connection with the state make his failure to appear 
unlikely; 

III. That he has not, prior to his application, failed to appear in any 
court when required to do so; 

IV. That no other special circumstance exists creating a likelihood 
that he would fail to appear, 

78:6 Sufficiency of Personal Recognizance. Amend RSA 597:13 by add- 
ing in line four after the word "case" a semicolon and the words (provided, 
that this section shall not apply to release on personal recognizance upon 
a finding by the justice that such release is proper under the circumstances 
of the case) so that said section as amended shall read as follows: 597:13 
Accepting Insufficient Bail, etc. If a justice knowingly accepts insufficient 
bail, or fails to make return of his proceedings as required by law, he shall 
be liable to the same punishment as for aiding an escape in a like case; 
provided, that this section shall not apply to release on personal recog- 
nizance upon a finding by the justice that such release is proper under the 
circumstances of the case. 

78:7 Witnesses. Amend RSA 597:22 (supp) as amended by 1959, 159:1 
and 1965, 86:5 by striking out in lines three and four the words "shall take 
the recognizances of all necessary witnesses who appear before him" and 
inserting in place thereof the words (may release all necessary witnesses 
who appear before him on personal recognizance or may take recognizances 
of said witnesses) and by inserting in line seven after the word "case" the 
words (release such witness on personal recognizance or) so that said sec- 
tion as amended shall read as follows: 597:22 On Binding Over. When- 
ever a municipal or district court commits or binds over a person for his 
appearance at a term of the superior court he may release all necessary 
witnesses who appear before him on personal recognizance or may take 
recognizances of said witnesses in such sum as he may think reasonable for 
their appearances at such term of court. At any time thereafter the superior 
court may, upon a showing that the testimony of any witness is necessary 
before said court in such case, release such witness on personal recognizance 
or take the recognizance of such witness in such sum as it may deem reason- 
able for his appearance before said court. 

78:8 Discharge. Amend RSA 597:27 by striking out in line one the 
word "Bail" and inserting in place thereof the words (A surety) so that 



54 Chapter 79 [1969 

said section as amended shall read as follows: 597:27 Surrender, in Court. 

A surety for the appearance of a party or witness may be discharged, by 
order of the superior court, from further liability, upon surrendering the 
party in open court, during the pendency of the original cause and before 
trial, on payment of the costs of any proceeding against them, and the 
principal shall be committed unless again recognized. 

78:9 Personal Recognizance in Another County. Amend RSA 597:40 
by striking out in line six thereof the words "recognizance, with sufficient 
sureties," and by inserting in place thereof the words (personal recogni- 
zance, or recognizance with sufficient sureties upon the terms and condi- 
tions prescribed by this chapter) so that said section as amended shall read 
as follows: 597:40 Recognizance for Appearance in Superior Court. If a 
person is arrested in one county, on a warrant for an offense alleged to 
have been committed in another county exceeding the jurisdiction of a 
justice to determine, the officer, on his request, shall take him before a 
justice for the county in which he is arrested, and, upon his waiving exam- 
ination, such justice may take his personal recognizance or recognizance 
with sufficient sureties upon the terms and conditions prescribed by this 
chapter for his appearance at the next term of the superior court for the 
county in which the offense is alleged to have been committed, and he shall 
return to said court certified copies of the warrant and recognizance. 

78:10 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 79. 



AN ACT TO MAKE IT UNLAWFUL TO REQUIRE A FEE OTHER THAN THE INSURANCE PRE- 
MIUM ON THE SUBSTITUTION OF ONE INSURANCE POLICY FOR ANOTHER 
AS SECURITY ON A LOAN. 

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

79:1 New Chapter. Amend RSA by inserting after chapter 399-B as 
inserted by 1961, 245:7 and 1965, 376-1 the following new chapter: 

Chapter 399-C 
Lenders of Money 

399-C: 1 Additional Fee or Charge for Substitution of Insurance Policy 
Prohibited. It shall be unlawful for any person, partnership, association, 
corporation, unincorporated organization, savings bank or institution, trust 
company, national bank, building and loan association, credit union, or 
any other type of bank, whether federal or state chartered, that makes a 
loan secured by real or personal property in connection with such a trans- 
action, to make any separate or additional charge to, or to require any fee 
from, or to require the payment of any money by an insurance company, 



1969] Chapter 80 55 

insurance agency, borrower, mortgagor, or purchaser, other than the insur- 
ance premium on insurance written as additional security for the loan, for 
the substitution by a borrower, a mortgagor, or a purchaser of one insur- 
ance policy on the property for an existing policy on the property, when 
the existing or substituted policy is provided through an insurance com- 
pany or insurance agent or broker licensed to do business in this state. 
However, nothing in this section prevents the payment of interest which 
may be charged on premium loans or premium advancements in accordance 
■with the security agreement. 

399-C:2 Penalty. The penaky for a violation of any provision of this 
chapter is a fine of not more than five hundred dollars. 

79:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 4, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 80. 



AN ACT REQUIRING THAT A REPORT OF BEAR KILL BE MADE TO DEER RECEIVING 

STATIONS. 

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

80:1 Report to Deer Registration Stations. Amend RSA 208:23 (supp) 
as inserted by 1965, 143:1 by striking out said section and inserting in place 
thereof the following: 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 a deer registration station of this state, indicating the town in 
which the bear was taken, and furnish such other information as the di- 
rector may require. The registration agent shall register each bear in the 
manner prescribed by the director and collect a fee of twenty-five cents 
from the person registering said bear. Any person who fails to make the 
report required by this section shall be fined not more than twenty-five 
dollars. 

80:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 81. 

AN ACT RELATIVE TO THE POSTING OF LAND AGAINST USE BY SNOW VEHICLES. 

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

81:1 Snow Traveling Vehicles. Amend RSA 572 by inserting after 
section 15-a (supp) the following new section: 572:15-b Penalty, Snow Trav- 



56 Chapter 82 [1969 

eling Vehicles. An owner may post all or any portion of his land against 
use by snow traveling vehicles as defined in RSA 262:46, II. Such posting 
shall be as provided in section 16, except that such notices shall read 
"SNOW TRAVELING VEHICLES PROHIBITED." Whoever without 
right enters such land that has been so posted shall be guilty of a misde- 
meanor and if convicted, shall be fined not more than fifty dollars. Pro- 
vided, however, that failure of an owner to post his land as provided in 
this section shall not be construed as granting any license to users of snow 
traveling vehicles to enter said premises, nor shall said failure be construed 
as implying any duty of care to the user of a snow traveling vehicle by the 
owner. 

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

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 82. 

AN ACT RELATIVE TO THE OPERATION OF MOTORCYCLES. 

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

82:1 Riding Upon Motorcycles. Amend RSA 263 by inserting after 
section 29-g (supp) the following new section: 263:29-h Riding Upon Mo- 
torcycles. A person operating a motorcycle shall ride only upon the per- 
manent and regular seat attached thereto, and such operator shall not carry 
any other person nor shall any other person ride on a motorcycle unless 
such motorcycle is designed to carry more than one person, in which event 
a passenger may ride upon the permanent and regular seat if designed for 
two persons, or in a sidecar firmly attached to the side of the motorcycle. 

82:2 Repeal of Parallel Section. RSA 262-A:75, as inserted by 1963, 
330:1, relating to riding upon motorcycles, is hereby repealed. 

82:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 83. 

AN ACT CLASSIFYING A CERTAIN PORTION OF OLD ROUTE 77 IN HOPKINTON-EVERETT 
FLOOD AREA AS A CLASS III RECREATIONAL HIGHWAY. 

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

83:1 Recreational Road. Amend RSA 231 :6-a (supp) by inserting after 
paragraph IV as inserted by 1967, 424:1 the following new paragraph: 



1969] Chapter 84 57 

V. The section of old route 77 in the Hopkinton-Everett flood control area 
after it has been reconstructed satisfactory to the department of public 
works and highways with Federal Funds. 

83:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 84. 

AN ACT RELATIVE TO INSPECTION OF MOTOR VEHICLES. 

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

84:1 Inspection Authorized, Amend RSA 260:14 as amended by 1965, 
240:6 by striking out in line six the words "may be operated for a period 
of ten days before inspection" and inserting in place thereof the words 
(shall have a period of ten days from registration or transfer of ownership 
in which to have said vehicle inspected) so that said section as amended 
shall read as follows: 260:14 Inspection Authorized. The director may re- 
quire the inspection of any motor vehicle, trailer, or semi-trailer to deter- 
mine 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, however, that newly registered vehicles and vehicles the ownership 
of which has been transferred shall have a period of ten days from registra- 
tion or transfer of ownership in which to have said vehicle inspected. 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. 

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

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 85. 

AN ACT RELATIVE TO REQUIREMENTS FOR STATE CONTRACTS FOR SERVICES. 

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

85:1 State Contracts for Services. Amend RSA 5 by inserting after 
section 18 the following new subdivision: 



58 Chapter 86 [1969 

State Contracts 
5:18-a Requirements. In addition to any other requirements, no con- 
tract for personal services, under which the total of payments equals one 
thousand dollars or more, in lump sum or installments, between the state 
and a nonresident corporation, partnership or association or between the 
state and a resident doing business under a name other than his own, shall 
be valid unless said contract shall have attached thereto evidence of regis- 
tration with the secretary of state as required under RSA 300, 305-A or 349, 
provided, however, that each contract between the state and a resident or 
nonresident corporation, partnership or association shall have attached 
thereto evidence of authority of the parties to execute and be bound by 
said contract. 

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

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 86. 



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: 

86:1 Revised Statutes Annotated. The secretary of state, with the ap- 
proval 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 cumulative 
pocket supplements to the Revised Statutes Annotated for the statutes of 
a public and general nature passed at the 1971 biennial assembly of the 
general court and any special sessions prior to the 1971 session. Copy for 
said 1971 supplements shall be forwarded to office of legislative services 
for correction prior to publication. The supplements shall follow the gen- 
eral scheme used for the pocket supplements for the 1955, 1957, 1959, 1961, 
1963, 1965, 1967 and 1969 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. 

86:2 Appropriation. The sum of thirteen thousand dollars is hereby 
appropriated for the purposes of this act relative to the supplements for 
the 1971 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. 

86:3 Effective Date. The provisions of this act shall take effect Janu- 
ary 1, 1970. 

[Approved April 10, 1969.] 
[Effective date January 1, 1970.] 



1969] Chapter 87 59 

CHAPTER 87. 

AN ACT RELATIVE TO FOREIGN PARTNERSHIPS. 

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

87:1 Foreign Partnerships. Amend RSA 305-A as inserted by 1965, 
187:1 by inserting after section 2 the following new sections: 

305-A:2-a Changes. Any partnership which has changed its name, 
changed its registered office or registered agent shall, within thirty days, 
file 'ivith the secretary of state a certificate of such change, signed and sworn 
to by a general partner of the partnership and shall pay a filing fee of ten 
dollars. 

305-A:2-b Suspension. If any such partnership fails for two consecutive 
years to make the payments of fees required by this chapter, its right to do 
business in this state shall be suspended. 

305-A:2-c Inactive List. The secretary of state is hereby directed to 
remove from the active list of foreign partnerships authorized to do busi- 
ness in this state (1) the name of any such partnership whose right to do 
business herein has been suspended for failure to make payments, by pro- 
visions of section 2-b, and (2) the name of any such partnership which may 
have withdrawn from doing business in this state but has failed to make 
a return to the secretary of state of such withdrawal and to pay the filing 
fee as required by section 5. The secretary of state shall keep on an inactive 
list the names of the foreign partnerships so removed from the active list 
which are no longer authorized to do business in this state. 

305-A:2-d Reregistration. If any such foreign partnership shall again 
wish to register to do business in this state it shall make a new application 
for such registration and pay the required fees for such registration. 

305-A:2-e Name. The fact that the name of a foreign partnership is 
on the inactive list shall not prohibit the use of such name by another for- 
eign or domestic partnership in active business. 

87:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 88. 

AN ACT RELATIVE TO THE POLITICAL CALENDAR. 

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

88:1 Reckoning Days. Amend RSA 56 by inserting after section 99 
the following new sections: 

56:100 — Computation. The attorney general, in preparing the politi- 
cal calendar required by the above section, shall, notwithstanding any other 



60 Chapter 89 [1969 

provisions of law, maintain a uniform system of computation by excluding 
the day of the required act and the day the number of days to be counted 
falls upon, so that all periods of time shall be reckoned as within the num- 
ber of days stated. Whenever a date falls upon a Saturday or Sunday the 
act required shall be performed on the following Monday; when such a 
date falls on a legal holiday, the act required shall be performed on the 
following business day. 

56:101 — Mailing of Notices. Whenever a statute relative to state elec- 
tions requires a filing with or notice to the secretary of state, or other offi- 
cial, said filing or notice must be received by the secretary of state, or other 
official, by the close of the business day on the date set forth in the political 
calendar. 

88:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 

[Effective date June 9, 1969.] 



CHAPTER 89. 



AN ACT PROVIDING TILAT A SO-CALLED MASSACHUSETTS TRUST, DOING BUSINESS IN 
THE STATE, SHALL BE CONSIDERED A FOREIGN CORPORATION. 

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

89:1 Foreign Corporations, Registration. Amend RSA 300 by insert- 
ing after section 3 the following new section: 300:3-a Massachusetts Trust. 
Any so-called Massachusetts trust or business trust established by law of any 
other state, desiring to do business in this state, shall be deemed to be a 
foreign corporation and shall be required to register under, and comply 
with the provisions of, this chapter. 

89:2 Annual Return. Amend RSA 300 by inserting after section 5-a, 
as inserted by 1965, 204:2 the following new section: 300:5-b Special Form. 
The secretary of state shall prepare an appropriate form for the use of the 
so-called Massachusetts trust or business trust in making its annual return 
hereunder. In making up said special form the secretary of state shall take 
into consideration the peculiar nature of these organizations. 

89:3 Effective Date. This act shall take effect July 1, 1969. 
[Approved April 10, 1969.] 
[Effective date July 1, 1969.] 



1969] Chapter 90 61 

CHAPTER 90. 

AN ACT RELATIVE TO THE POSSESSION OF UNREGISTERED DEER. 

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

90:1 Twelve Hour Period to Register Deer. Amend RSA 208:15-g 
(supp) as inserted by 1967, 84:1 by striking out in line four the word "pos- 
sessions" and inserting in place thereof the words (either the possession) 
and by inserting in line five after the words "registration station" the words 
(or to the twelve hour period cited in section 15-e of this chapter) so that 
the said section as amended shall read as follows: 208:15-g Registration 
Required. No person shall have in his possession at anytime any deer, or 
part thereof, which has not been legally registered as herein provided. The 
provisions of this section shall not apply to either the possession of a deer 
between the time it was killed and the presentation of the deer at the reg- 
istration station, or to the twelve hour period cited in section 15-e of this 
chapter. 

90:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 10, 1969.] 
[Effective date June 9, 1969.] 



CHAPTER 91. 



AN ACT RELATIVE TO TOLL-FREE USE OF CERTAIN NEW HAMPSHIRE HIGHWAYS BY 
MEMBERS OF THE GENERAL COURT. 

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

91:1 Eastern New Hampshire Turnpike. Amend RSA 256 by inserting 
after section 8-a as inserted by 1963, 97:3 the following new section: 256:8-b 
Exemption from Tolls. Upon proper identification by legislative license 
plate, any elected member of the general court during his term of office 
shall be granted toll-free use of any section of the eastern New Hampshire 
turnpike. 

91:2 Central New Hampshire Turnpike. Amend RSA 257 by inserting 
after section 7 the following new section: 257:7-a Exemption from Tolls. 
Upon proper identification by legislative license plate, any elected member 
of the general court during his term of office shall be granted toll-free use 
of any section of the central New Hampshire turnpike. 

91:3 Effective Date. This act shall take effect upon passage. 
[Approved April 10, 1969.] 
[Effective date April 10, 1969.] 



62 Chapter 92 [1969 

an act making an additional appropriation for fiscal 1969 for the 
liquor commission. 

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

92:1 Additional Appropriation. There is hereby appropriated to the 
liquor commission for the fiscal year ending June 30, 1969 for store opera- 
tion, other jDcrsonnel services, the sum of twenty thousand dollars. Said 
appropriation is in addition to any other sums appropriated for said pur- 
pose for said fiscal year. The governor is authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise appropriated. 

92:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 15, 1969.] 
[Effective date April 15, 1969.] 



CHAPTER 93. 



AN ACT RELATIVE TO EXPIRATION DATES FOR LICENSES FOR TRAPPING AND FOR 
FUR BUYERS AND REQUIRED REPORT OF YEARLY CATCH. 

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

93:1 License Relative to Fur-Bearing Animals. Amend RSA 210 by 
inserting after section 19 the following new subdivision: 

Licenses for Trapping and Fur Buying 

210:20 Expiration Date. Notwithstanding any of the general provi- 
sions for the expiration of fish and game licenses, any license to trap fur- 
bearing animals and any license to buy furs under RSA 214:24 shall expire 
on June thirtieth of each year. 

210:21 Report of Catch. On or before June thirtieth of each year, 
every person licensed to take fur-bearing animals shall report his catch to 
a conservation officer for the year. 

210:22 Penalty. A person who fails to make the report provided for in 
section 21 shall be fined not more than fifty dollars. 

93:2 Continuity of License. Any license to trap fur-bearing animals or 
any license for the business of fur-buyers issued for the period beginning 
January 1, 1970, shall be valid until June 30, 1971. 

93:3 Effective Date. This act shall take effect June 30, 1970. 
[Approved April 16, 1969.] 
[Effective date June 30, 1970.] 



1969] Chapter 94 63 

an act relative to the practice of engineering. 

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

94:1 Practice of Engineering. Amend RSA 319:13 (c) as amended by 
1959, 38:3 by striking out said paragraph and inserting in place thereof 
the following: (c) A specific record of fifteen years or more of practice in 
professional engineering of a character satisfactory to the board, of which 
at least five years shall have been in responsible charge of engineering 
work, and indicating that the applicant is qualified to design and to take 
responsible charge of construction of engineering works; provided appli- 
cant is not less than forty years of age, and provided that in a case where 
the evidence presented in the application does not appear to the board 
conclusive nor warranting the issuance of a certificate of registration, the 
applicant may be required to pass an oral or written examination, or both, 
as the board may determine. When an applicant presents evidence of out- 
standing qualifications for registration, the board may, by unanimous vote 
of all members waive the above requirements relating to age and total 
years of practice, but in no case shall an applicant be registered without 
examination under this section who is less than thirty-three years of age 
with a specific record of not less than ten years of practice in professional 
engineering work of a character satisfactory to the board. 

94:2 Qualifications. Amend RSA 319:16 as amended by 1959, 38:4 by 
striking out said section and inserting in place thereof the following: 319:16 
Education Credits. The satisfactory completion of each year of an ap- 
proved curriculum in engineering in a school or college approved by the 
board as of satisfactory standing, without graduation, shall be considered 
as equivalent to a year of experience in (b) and (c) of section 13. Gradua- 
tion in a curriculum other than engineering, but in a related field, from 
a college or university of recognized standing may be considered as equiva- 
lent to two years of experience in said (b) and (c) provided, however, that 
no applicant shall receive credit for more than four years of experience 
because of undergraduate educational qualifications. The board in count- 
ing years of experience, at its discretion, may give credit not in excess of 
one year for satisfactory giaduate study in engineering. 

94:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 16, 1969.] 
[Effective date June 15, 1969.] 

CHAPTER 95. 

AN ACT RELATIVE TO THE REDUCTION OF MINIMUM TERM OF PRISONERS 
FOR DONATION OF BLOOD. 

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

95:1 Sentences. Amend RSA 607 by inserting after section 51 the fol- 
lowing new subdivision: 



64 Chapter 96 [1969 

Additional Reduction of Sentence 

607:51-a Reduction of Minimum Term for Donation of Blood. Any 

prisoner who is confined to the state prison or any house of correction and 
who is serving his minimum sentence shall be granted a reduction of five 
days therefrom for each donation of his blood to the American Red Cross 
to blood banks of non-profit hospitals and to similar organizations or insti- 
tutions, or to members of the armed forces of the United States or to resi- 
dents of the United States in times of disaster or to recognized public 
agencies engaged in medical or scientific research; such blood shall not be 
sold nor shall it be devoted to any commercial use. The reduction of sen- 
tence herein provided for shall not exceed ten days in any twelve-month 
period, and shall be in addition to any other reductions of sentence. 

95:2 Effective Date. This act shall take effiect upon its passage. 
[Approved April 16, 1969.] 
[Effective date April 16, 1969.] 



CHAPTER 96. 

AN ACT PROVIDING FOR A TEN DAY SEASON FOR HUNTING DEER 
WITH MUZZLE-LOADERS. 

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

96:1 Ten Day Season. Amend RSA 208:5-a (supp) as inserted by 1963, 
315:1 and amended by 1965, 93:1 by striking out in line six the words "on 
the Friday, Saturday, and Sunday" and inserting in place thereof the words 
(for a period of ten days) so that the said section as amended shall read as 
follows: 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, for a period of ten days immedi- 
ately prior to the opening date for the taking of deer as provided for by 
section 2 of this chapter, as now or hereinafter amended. 

96:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 16, 1969.] 
[Effective date June 15, 1969.] 



CHAPTER 97. 

AN ACT RELATIVE TO THE APPROPRIATION FOR THE NASHUA VOCATIONAL INSTITUTE. 

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

97:1 Transfers Authorized. Amend Laws of 1967, Chapter 394, section 
1, paragraph II by inserting at the end thereof the following: (the governor 



1969] Chapter 98 65 

and council are hereby authorized and empowered to transfer funds from 
any line item to any other line item within the above appropriation for 
the vocational institute in Nashua.) 

97:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 16, 1969.] 
[Effective date April 16, 1969.] 



CHAPTER 98. 

AN ACT RELATIVE TO PRINTING STATUTES. 

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

98:1 Private Acts. Amend RSA 20:1 (supp) as amended by 1955, 2:1 by 
inserting in line two after the words "public acts" the words (private acts) 
so that said section as amended shall read as follows: 20:1 Session Laws. At 
the close of a legislative session the secretary of state shall cause such number 
of copies of the public acts, private acts, and resolves of such session, as the 
governor and council shall determine, to be printed in pamphlet form and 
distributed free to public libraries, judges, attorneys and to citizens request- 
ing the same. 

98:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 21, 1969.] 
[Effective date April 21, 1969.] 



CHAPTER 99. 



AN ACT TO ALLOW GREATER FLEXIBILITY IN THE USE OF FUNDS APPROPRIATED FOR 

CONSTRUCTING AND EQUIPPING A HEALTH TRAINING CENTER AT THE 

STATE TECHNICAL INSTITUTE. 

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

99:1 Construction Appropriation. Amend Laws of 1967, 410:4 and 
410:5 by striking out said sections and inserting in place thereof the follow- 
ing: 

410:4 Construction Appropriation. There is hereby appropriated the 
following sums for the therein identified purposes: 

Health building $1,002,000 

Equipment 160,000 



Library building 350,250 

Books 40,000 



$1,162,000 



66 Chapter 100 [1969 

Equipment 20,000 

410,250 
Expansion of cafeteria 69,000 

Expansion of parking facilities 55,000 



Total appropriation 1,696,250 

Less estimated federal funds 440,371 



Net appropriation $1,255,879 



If federal funds in excess of those estimated become available, the net 
appropriation shall be decreased by the amount of excess. 

The appropriation provided by this section shall be available until 
June 30, 1971. 

Transfers may be made between items listed above, except for equip- 
ment and books, with governor and council approval. 

410:5 Bonds Authorized. To provide funds for the appropriation(s) 
made by this act the state treasurer is hereby authorized to borrow upon 
the credit of the state not exceeding the sum of one million two hundred 
fifty-five thousand eight hundred seventy-nine dollars and for said purpose 
may issue bonds and notes in the name and on behalf of the state of New 
Hampshire in accordance with the provisions of RSA 6-A. 

99:2 Effective Date. This act shall take effect upon passage. 
[Approved April 22, 1969.] 
[Effective date April 22, 1969.] 



CHAPTER 100. 

AN ACT RELATIVE TO COURT TERMS IN GRAFTON COUNTY. 

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

100:1 Superior Court. Amend RSA 496:1 as amended by 1965, 41:1 and 
1967, 59:1 by striking out said section and inserting in place thereof the fol- 
lowing: 496:1 Time; Place. Terms of the superior court shall be holden 
annually, at the following 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. 



1969] Chapter 101 67 

For the county of Grafton: At Woodsville in the Town of Haverhill and 
at Lebanon until such time as a new court house is constructed in Haverhill. 

For the county of Coos: At Lancaster and Berlin. The times for holding 
the terms of court at the places designated in each county shall be estab- 
lished by rule of the superior court, which shall provide for the holding of 
not less than two terms annually in each county. 

100:2 Probate Court. Amend RSA 549:9 by striking out said section 
and inserting in place thereof the following: 549:9 Grafton. For the county 
of Grafton, — at Woodsville, on the first Tuesday of each month except 
August. 

100:3 Effective Date. This act shall take eflEect January 1, 1970. 
[Approved April 25, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 101. 

AN ACT RELATIVE TO FEES IN THE SUPERIOR COURT. 

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

101:1 Fees. Amend RSA 499:18 as amended by 1963, 219:1 by striking 

out said section and inserting in place thereof the following: 499:18 Superior 
Court. For the benefit of the county, the following fees shall be paid to the 
clerk of the superior court: 

I. Civil. 

Writ entry $10.00 

Order of notice for service in hand or 

by publication 5.00 

Each additional copy 2.00 
Order of notice on new or additional 

attachment 5.00 

Each additional copy 2.00 

Executions 1.00 

Writ of possession 2.00 

Original writ .20 
All other orders of notice (copy for service 

and copy for return) 5.00 

Each additional copy 2.00 

II. Equity. 

Bills of equity entry $10.00 

Orders of notice, one defendant 5.00 

Each additional copy 2.00 

Bills in equity by publication entry 10.00 

Citation for publication and return 5.00 

Each additional copy 2.00 



68 Chapter 101 [1969 

Libels and petitions in marital cases entry 10.00 

Orders of notice for one defendant 2.00 

Each additional copy 2.00 
Libels and petitions in marital cases by 

publication entry 10.00 

Citation, copies for service and 

certified mail 6.00 

Each additional copy 2.00 

Temporary orders or injunctions 2.00 
Petitions for modification or contempt 

orders or notice 5.00 
Petitions for special meetings and 
temporary appointments 

Entry 5.00 

Certified copy 2.00 
Workmen's compensation petitions 

Entry 10.00 

Orders of notice on defendant, insurer, and 

commissioner 5.00 
Petition for dissolution of corporation 

entry 10.00 

Citation and copy to secretary of state 5.00 

Notice of liens on bonds entry 10.00 

Copies by mail to insured and insurer 5.00 
Bills in equity vs. state, counties, cities 

and towns entry 10.00 

Orders of notice for service 4.00 
Divorce, legal separation and nullity 

certificates 2.00 

Stipulations, first page 1.00 

Each additional page .50 

IIL Miscellaneous 

All other entries 5.00 

Change of venue, entry fee in county to 

which case is forwarded 5.00 

Taxation of costs by clerk 1.00 

Rule of reference 1.00 

Certificates: 

Notary, sheriff or justice of the peace 1.00 

To probate court in appeal cases 1.00 

Exemplified 3.00 

Clerk's certificate 1.00 

Copied material, first page, 1.00 

Each additional page .50 

101:2 Effective Date. This act shall take effect January 1, 1970. 
[Approved April 25, 1969.] 
[Effective date January 1, 1970.] 



1969] Chapter 102 69 

CH.4PTER 102. 

AN ACT RELATIVE TO CONSTRUCTION OF SEWAGE DISPOSAL 
SYSTEMS NEAR SHORELINES. 

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

102:1 Restriction on Number. Amend RSA 149-E:3 (supp) as inserted 
by 1967, 147:13 by adding at the end thereof the following new paragraph: 
VIII. The commission may reject applications for septic tank disposal 
systems in those areas where there is already a high concentration of septic 
tanks on adjacent, contiguous or nearby areas or if the application is an 
obvious expansion, addition or annexation to an area ^vhich has already 
reached the maxim-um allowable concentration of sewage disposal through 
septic tanks and leaching systems. 

102:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 25, 1969.] 
[Effective date June 24, 1969.] 



CHAPTER 103. 

AN ACT ENACTING THE INTERSTATE AGREEMENT ON 
QUALIFICATION OF EDUCATIONAL PERSONNEL. 

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

103:1 New Chapter. Amend RSA by inserting after chapter 200-D 
(supp) the following new chapter: 

Chapter 200-E 

Interstate Agreement on Qualification of Educational Personnel. 

200-E: 1 Agreement. The Interstate Agreement on Qualification of 

Educational Personnel is hereby enacted into law and entered into with 

all jurisdiction legally joining therein, in the form substantially as follows: 

Article I 
Purpose, Findings, and Policy 

1. The States party to this Agreement, desiring by common action to 
improve their respective school systems by utilizing the teacher or 
other professional educational person wherever educated, declare that 
it is the policy of each of them, on the basis of cooperation with one 
another, to take advantage of the preparation and experience of such per- 
sons wherever gained, thereby serving the best interests of society, of educa- 
tion, and of the teaching profession. It is the purpose of this Agreement to 
provide for the development and execution of such programs of coopera- 
tion as will facilitate the movement of teachers and other professional educa- 
tional personnel among the States party to it, and to authorize specific 
interstate educational personnel contracts to achieve that end. 



70 Chapter 103 [1969 

2. The party States find that included in the large movement of popu- 
lation among all sections of the nation are many qualified educational per- 
sonnel who move for family and other personal reasons but who are 
hindered in using their professional skill and experience in their new loca- 
tions. Variations from State to State in requirements for qualifying educa- 
tional personnel discourage such personnel from taking the steps necessary 
to qualify in other States. As a consequence, a significant number of pro- 
fessionally prepared and experienced educators is lost to our school systems. 
Facilitating the employment of qualified educational personnel, without 
reference to their States of origin, can increase the available educational 
resources. Participation in this Compact can increase the availability of 
educational manpower. 

Article II 
Definitions 

As used in this Agreement and contracts made pursuant to it, unless 
the context clearly requires otherwise: 

1. "Educational personnel" means persons who must meet requirements 
pursuant to State law as a condition of employment in educational pro- 
grams. 

2. "Designated State official" means the education official of a State 
selected by that State to negotiate and enter into, on behalf of his State, 
contracts pursuant to this Agreement. 

3. "Accept", or any variant thereof, means to recognize and give effect 
to one or more determinations of another State relating to the qualifications 
of educational personnel in lieu of making or requiring a like determination 
that would otherwise be required by or pursuant to the laws of a receiving 
State. 

4. "State" means a State, territory, or possession of the United States; 
the District of Columbia; or the Commonwealth of Puerto Rico. 

5. "Originating State" means a State (and the subdivision thereof, if 
any) whose determination that certain educational personnel are qualified 
to be employed for specific duties in schools is acceptable in accordance 
with the terms of a contract made pursuant to Article III, 

6. "Receiving State" means a State (and the subdivisions thereof) which 
accept educational personnel in accordance with the terms of a contract 
made pursuant to Article III. 

Article III 
Interstate Educational Personnel Contracts 

I. The designated State official of a party State may make one or more 
contracts on behalf of his State with one or more other party States pro- 
viding for the acceptance of educational personnel. Any such contract for 
the period of its duration shall be applicable to and binding on the States 
whose designated state officials enter into it, and the subdivisions of those 
States, with the same force and effect as if incorporated in this Agreement. 
A designated state official may enter into a contract pursuant to this Article 
only with States in which he finds that there are programs of education. 



1969] Chapter 103 71 

certification standards or other acceptable qualifications that assure prepara- 
tion or qualification of educational personnel on a basis sufficiently com- 
parable, even though not identcal to that prevailing in his own State. 

2. Any such contract shall provide for: 

(a) Its duration. 

(b) The criteria to be applied by an originating State in qualifying 
educational personnel for acceptance by a receiving State. 

(c) Such waivers, substitutions, and conditional acceptances as shall 
aid the practical effectuation of the contract without sacrifice of basic edu- 
cational standards. 

(d) Any other necessary matters. 

3. No contract made pursuant to this Agreement shall be for a term 
longer than five years but any such contract may be renewed for like or 
lesser periods. 

4. Any contract dealing with acceptance of educational personnel on 
the basis of their having completed an educational program shall specify 
the earliest date or dates on which originating state approval of the pro- 
gram or programs involved can have occurred. No contract made pursuant 
to this Agreement shall require acceptance by a receiving State of any 
persons qualified because of successful completion of a program prior to 
January 1, 1954. 

5. The certification or other acceptance of a person who has been 
accepted pursuant to the terms of a contract shall not be revoked or other- 
wise impaired because the contract has expired or been terminated. How- 
ever, any certificate or other qualifying document may be revoked or 
suspended on any ground which would be sufficient for revocation or 
suspension of a certificate or other qualifying document initially granted 
or approved in the receiving State. 

6. A contract committee composed of the designated state officials of 
the contracting States or their representatives shall keep the contract under 
continuous review, study means of improving its administration, and report 
no less frequently than once a year to the heads of the appropriate education 
agencies of the contracting States. 

Article IV 
Approved and Accepted Progiams 

1. Nothing in this Agreement shall be construed to repeal or otherwise 
modify any law or regulation of a party State relating to the approval of 
programs of educational preparation having effect solely on the qualifica- 
tion of educational personnel within that State. 

2. To the extent that contracts made pursuant to this Agreement deal 
with the educational requirements for the proper qualification of educa- 
tional personnel, acceptance of a progiam of educational preparation shall 
be in accordance with such procedures and requirements as may be pro- 
vided in the applicable contract. 



72 Chapter 103 [1969 

Article V 
Interstate Cooperation 

The party States agree that: 

1. They will, so far as practicable, prefer the making of multi-lateral 
contracts pursuant to Article HI of this Agreement. 

2. They will facilitate and strengthen cooperation in interstate certi- 
fication and other elements of educational personnel qualification and for 
this purpose shall cooperate with agencies, organizations, and associations 
interested in certification and other elements of educational personnel 
qualification. 

.Article VI 
Agreement Evaluation 

The designated state officials of any party States may meet from time 
to time as a group to evaluate progress under the Agreement, and to formu- 
late recommendations for changes. 

Article VII 
Other Arrangements 

Nothing in this Agreement shall be construed to prevent or inhibit 
other arrangements or practices of any party State or States to facilitate 
the interchange of educational personnel. 

Article VIH 
Effect and Withdrawal 

1. This Agreement shall become effective when enacted into law by 
two States. Thereafter it shall become effective as to any State upon its en- 
actment of this Agreement. 

2. Any party State may withdraw from this Agreement by enacting a 
statute repealing the same, but no such withdrawal shall take effect until 
one year after the Governor of the withdrawing State has given notice in 
writing of the withdrawal to the Governors of all other party States. 

3. No withdrawal shall relieve the withdrawing State of any obligation 
imposed upon it by a contract to which it is a party. The duration of con- 
tracts and the methods and conditions of withdrawal therefrom shall be 
those specified in their terms. 

Article IX 
Construction and Severability 

This Agreement shall be liberally construed so as to effectuate the pur- 
poses thereof. The provisions of this Agreement shall be severable and if 
any phrase, clause, sentence, or provision of this Agreement is declared to 
be contrary to the constitution of any State or of the United States, or the 
application thereof to any Government, agency, person, or circumstance is 
held invalid, the validity of the remainder of this Agreement and the appli- 
cability thereof to any Government, agency, person, or circumstance shall 
not be affected thereby. If this Agreement shall be held contrary to the 



1969] Chapter 104 73 

constitution of any State participating therein, the Agreement shall remain 
in full force and effect as to the State affected as to all severable matters. 

200-E:2 Designated State Official. The "designated State official" for 
this State shall be the commissioner of education. The commissioner shall 
enter into contracts pursuant to Article III of the Agreement only with the 
approval of the specific text thereof by the state board of education. 

200-E:3 Filing of Contracts. True copies of all contracts made on be- 
half of this State pursuant to the Agreement shall be kept on file in the de- 
partment of education and in the office of the Secretary of State. The de- 
partment of education shall publish all such contracts in convenient form. 

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

[Approved April 25, 1969.] 
[Effective date June 24, 1969.] 



CHAPTER 104. 

AN ACT RELATIVE TO GENERAL CHANGES IN THE STATUTES 
CONCERNING SCHOOL DISTRICTS. 

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

104:1 Repeal. RSA 189:5, relative to surplus funds in a school district, 
is hereby repealed. 

104:2 Regulations. Amend RSA 189:15 (supp) as amended by 1965, 
110:1 by striking out said section and inserting in place thereof the follow- 
ing: 189:15 Regulations. The school board may, unless otherwise provided 
by statute or state board regulations, prescribe regulations for the attendance 
upon, and for the management, classification and discipline of, the schools; 
and such regulations, when recorded in the official records of the school 
board, shall be binding upon pupils and teachers. 

104:3 School Insurance. Amend RSA 189 by inserting after section 15 
(supp), as amended by this act, the following new section: 189:15-a Pur- 
chase of School Insurance. The school board 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. 

104:4 Flag Price Limit Removed. Amend RSA 189:17 by striking out 
in lines four and five the following "not exceeding ten dollars for any one 
schoolhouse" so that said section as amended shall read as follows: 189:17 
Flag; Penalty. They shall supply a United States flag of bunting not less 
than five feet in length, with a flagstaff and appliances for displaying the 
same, for every schoolhouse in the district in which a public school is 
taught, at the expense of the district. They shall prescribe rules and regula- 
tions for the proper custody, care and display of the flag; and whenever not 
otherwise displayed it shall be placed conspicuously in the principal room 



74 Chapter 104 [1969 

of the schoolhouse. The governing board of every private school shall supply 
a similar flag, staff and appliances at the expense of such school and shall 
make similar provisions for its display. Any members of a school board or 
the governing board who shall refuse or neglect to comply with the pro- 
visions of this section shall be fined ten dollars for the first offense and 
twenty dollars for every subsequent offense. 

104:5 Repeal. RSA 189:41 relative to attendance at teachers' institutes 
is hereby repealed. 

104:6 Budget Hearing in Supervisory Union. Amend RSA 189 by in- 
serting after section 47 (supp) the following new section: 189:47-a Public 
Hearing. Before final adoption of the supervisory union budget as provided 
in section 47, there shall be held within the supervisory union, at a time 
and place specified by the supervisory union board chairman, at least one 
public hearing upon a preliminary budget prepared by the supervisory 
union board. Notice of such public hearing and a summary of the pre- 
liminary budget shall be submitted by the secretary of the board for publi- 
cation in a newspaper of general circulation in the supervisory union at 
least seven days prior to the date of said hearing. The budget, subsequent 
to its final approval by the supervisory union board, shall be posted in a 
public place in each constituent school district and given such other publica- 
tion as the supervisory union board may determine. 

104:7 Definition of School District Extended. Amend RSA 195-A:1, 
I as inserted by 1963, 277:1 by striking out said paragraph and inserting in 
place thereof the following: I. "School district" shall mean a town school 
district, a special school district, a cooperative school district, an incor- 
porated school district operating within a city, and a city operating a de- 
pendent school department. 

104:8 Area Schools. Amend RSA 195-A:3, V (supp) as inserted by 1963, 
277:1 and amended by 1965, 112:3, 4 and 1965, 311:2, by striking out in line 
nine the words "or districts" so that said paragraph as amended shall read 
as follows: 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 reasonble 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, which shall set forth 
the following: (a) the name or names of each area school or schools pro- 
posed, and the receiving district in which such 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 combination of elementary and secondary grades or 
any other reasonble classification); (d) the formula for calculation of tuition; 
(e) the manner in which any form of state aid shall be credited, unless 
otherwise expressly provided by law; (f) the existing school buildings in the 
several school districts which shall be discontinued; (g) the existing school 
buildings in the receiving district which shall be designated as an area 
school or schools including any existing buildings to be initially enlarged; 



1969] Chapter 104 76 

(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 sub- 
sequently postponed by the state board upon petition of a receiving or send- 
ing district, in the event of unforeseen circumstances or for good cause 
shown; (k) the scheduled date or dates during each year upon which tuition 
payments shall be made by the sending districts to the receiving districts 
and whether the tuition shall be payable in installments, 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 incom- 
patible 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. 

104:9 Special School Meeting. Amend RSA 197:2 by striking out in 
line three the following "ten or more voters, or one sixth of the voters of 
the district" and inserting in place thereof the following (fifty or more 
voters, or one fourth of the voters of the district, whichever is less) so that 
said section as amended shall read as follows: 197:2 Special. A special meet- 
ing of a school district shall be holden whenever, in the opinion of the 
school board, there is occasion therefor, or whenever fifty or more voters, 
or one fourth of the voters of the district, whichever is less, shall have made 
written application to the school board therefor, setting forth the subject 
matter upon which action is desired. 

104:10 State Aid Includes Area Schools. Amend RSA 198:8 as amended 
by 1955, 331:1 by inserting in line seven after the word "districts" the fol- 
lowing (and authorized regional enrollment areas) so that said section as 
amended shall read as follows: 198:8 Declaration of Policy. It is hereby 
declared to be the policy of the state of Ncav Hampshire to share in the 
costs of public elementary and high school education of the local school 
districts of the state to the end that: (1) the more needy school districts may 
be assisted in providing an adequate education program; (2) education 
throughout New Hampshire may be improved; and (3) assistance and 
incentives may be provided for the formation of cooperative school districts 
and authorized regional enrollment areas. 

104:11 Modification of Average Daily Membership. Amend RSA 
198:10-a as inserted by 1955, 331:1 and amended by 1963, 242:1 by inserting 
in line fifteen after the word "entitled" the following (Furthermore, when- 
ever it shall appear or be made to appear to the state board of education 
that circumstances have so changed in any school district from one year to 
another that the use of the previous year's average daily membership is 
unfair, unjust or inequitable, the state board of education shall determine 
what changes or modifications should be made to the average daily member- 
ship of such district) so that said section as amended shall read as, follows: 
198:10-a — Time of Computation. Before June thirtieth in each year the 
state board of education shall cause to be computed the amount of founda- 
tion aid to be paid to eligible school districts in the succeeding fiscal year. 



76 Chapter 104 [1969 

The computation shal be based upon the most recently available equalized 
valuation of each school district and the average daily membership in ap- 
proved public schools in each school district for the preceding year. When- 
ever it shall appear or be made to appear to the tax commission that circum- 
stances have so changed in any school district from one year to another 
that the use of the most recently available equalized valuation is unfair, 
unjust or inequitable, the tax commission shall determine what changes or 
modifications shall be made in the equalized valuation of such district. The 
tax commission shall certify such changed equalized valuation to the state 
board of education by May first. The state board of education shall use 
such changed equalized valuations in computing the foundation aid to 
which such district is entitled. Furthermore, whenever it shall appear or be 
made to appear to the state board of education that circumstances have so 
changed in any school district from one year to another that the use of the 
previous year's average daily membership is unfair, unjust or inequitable, 
the state board of education shall determine what changes or modifications 
should be made to the average daily membership of such district. 

104:12 Area School Aid. Amend RSA 198 by inserting after section 18 
the following new section: 

198:19 Area School Aid. 

I. As an incentive to receiving and sending districts which undertake 
the obligations of an area school, the state board shall, from funds appro- 
priated by the general court to carry out the provisions of this chapter, pay 
annually to each receiving district sums in accordance with the following 
schedule: For each pupil from a sending district in average daily member- 
ship in the preceding school year; in an area elementary school, forty-five 
dollars; in an area junior high school or equivalent program, sixty dollars; 
and in an area high school, seventy-five dollars. 

II. As of June thirtieth in each year, the state board shall cause to be 
computed the amount of annual grants to be paid to eligible receiving 
districts for use as provided in area plans approved hereunder, in the 
succeeding fiscal year, based upon average daily membership from sending 
districts in the preceding fiscal year. If, in any year, the amount appropriated 
for distribution hereunder is insufficient therefor, the available appropria- 
tion 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. 

104:13 Repeal. RSA 195-A:10, I and II (supp) as inserted by 1963, 
277:1 and amended by 1965, 112:7 relative to area school aid is hereby 
repealed. 

104:14 Closing of Private or Parochial School. Amend RSA 198 by 
inserting after section 19 as inserted by this act the following new section: 
198:20 Closing of Nonpublic Schools. Whenever a nonpublic school closes 
and any of its pupils become enrolled in the public schools, the state board 
in determining eligibility for any form of state aid computed wholly or in 
part on the basis of average daily membership of pupils may count these 
newly enrolled pupils as though they had been in average daily membership 
at the public schools of the district during the preceding school year. 



1969] Chapter 105 77 

104:15 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 25, 1969.] 
[Effective date June 24, 1969.] 



CHAPTER 105. 

AN ACT PROVIDING FOR THE APPOINTMENT OF ADDITIONAL DEPUTY SHERIFFS ON 

SALARIES IN BELKNAP COUNTY AND PROVIDING THE SHERIFF SHALL FIX 

THEIR RATE OF COMPENSATION. 

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

105:1 Deputy Sheriffs for Belknap County. Amend RSA 104:3-c (supp) 
as inserted by 1967, 201:2 by striking out said section and inserting in place 
thereof the following: 104:3-c Belknap County; Appointment of Deputy 
Sheriffs on Salary. The sheriff of Belknap county may appoint, if funds are 
appropriated, such number of deputies as he may deem necessary and with- 
in any such appropriation shall fix the compensation of each individual 
deputy. The annual salary of each deputy as established by the sheriff shall 
be paid by the county and said payment shall be in full for all services of 
said deputies for the county. The county shall provide such deputies with 
suitable transportation and they shall not be allowed the statutory rates for 
mileage allowable to other deputy sheriffs. For the service of civil writs 
and other process which the deputies may perform they shall collect the 
usual fees allowed for such service 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 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 treasurer during the calendar year and said report 
shall be incorporated in the sheriff's annual report to the county commis- 
sioners. 

105:2 Effective Date. This act shall take effect upon passage. 
[Approved April 25, 1969.] 
[Effective date April 25, 1969.] 



CHAPTER 106. 

AN ACT PROVIDING FOR SEPARATE TIMES FOR ELECTING OFFICIALS AND VOTING 
ON OTHER ARTICLES IN THE WARRANT FOR TOWN MEETINGS. 

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

106:1 Town Meetings. Amend RSA 39 by inserting after section 2 
(supp) the following new section: 39:2-a Optional Provisions. Any town 
may at an annual meeting vote to conduct the choice of town officers elected 



78 Chapter 107 [1969 

by an official ballot and other action required to be inserted on said official 
ballot on the second Tuesday of March and authorize the selectmen to 
choose another day for the second session of the town meeting for the 
transaction of all other town business. Upon written application of ten or 
more voters, addressed to the selectmen, the following question shall be 
submitted to the voters at such annual meeting: "Do you approve of having 
two sessions for the annual town meeting in this town, the first session for 
choice of town officers elected by an official ballot and other action required 
to be inserted on said official ballot and the second session, on a date set 
by the selectmen, for transaction of other business?" This question shall 
appear upon the official ballot in towns having such a ballot, otherwise 
upon a special ballot prepared by the town clerk. Proper provision shall be 
made on the ballot to permit the voter clearly to indicate his choice on the 
question. If a majority of the legal voters present and voting on the question 
vote in the affirmative, the provisions of this section shall be declared 
adopted. In any town adopting the provisions hereof the warrant for an 
annual meeting held hereunder shall prescribe the place, day and hour of 
each session of said meeting and said warrant shall be posted as required 
for any town meeting. In a town "which has adopted" the provisions of this 
section no business other than the election of town officers elected by an 
official ballot and other action required to be inserted on said official ballot 
shall be taken up at the first session of said meetings. A town which has 
adopted the provisions hereof may rescind such action in the same manner 
as provided for its adoption. The question in this case shall be: "Shall the 
provisions for having two sessions of the annual town meeting be declared 
no longer in effect in this town?" 

106:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved April 25, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 107. 

AN ACT RELATIVE TO PENALTIES FOR OPERATING A MOTOR VEHICLE 
AFTER SUSPENSION OR REVOCATION OF LICENSE. 

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

convened: 

107:1 Operation of Motor Vehicles. Amend RSA 262:27-b (supp) as 
inserted by 1967, 281:1 by striking out said section and inserting in place 
thereof the following: 262:27-b Operating After Revocation or Suspension. 
Any person convicted of operating a motor vehicle in this state after his 
license to operate has been suspended or revoked shall be fined not more 
than five hundred dollars or imprisoned for not more than six months. 

107:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 25, 1969.] 
[Effective date June 24, 1969.] 



1969] Chapter 108 79 

CHAPTER 108. 

AN ACT RELATIVE TO THE GOVERNOR'S COMMISSION ON 
CRIME AND DELINQUENCY. 

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

108:1 Appointment of Unclassified Employees. The governor's com- 
mission on crime and delinquency is hereby authorized to appoint, with the 
approval of the governor and council, persons to the following unclassified 
positions: one director, two deputy directors, one coordinator, all of whom 
shall serve at the pleasure of the commission, and the commission, with the 
approval of the governor and council, may employ them at any point in 
their salary range. 

108:2 Salary Established. Amend RSA 94:1 (supp), as amended, by 
inserting in the proper alphabetical order the following: 

Director of Commission on 

Crime and Delinquency $14,040 $18,000 

Deputy Directors of Commission 

on Crime and Delinquency (2) 12,480 16,000 

Coordinator of Crime and Delinquency 9,020 12,000 

108:3 Plans and Reports. The governor's commission on crime and 
delinquency shall file with the president of the senate and the speaker of the 
house a copy of any plan ^vhich it adopts or recommends and twice each 
year a complete report of its activities and actions. 

108:4 Effective Date. This act shall take effect upon its passage. 
[Approved April 25, 1969.] 
[Effective date April 25, 1969.] 



CHAPTER 109. 

AN ACT RELATING TO THE APPROPRIATION FOR MARINE FISHERIES DIVISION 

OF THE FISH AND GAME DEPARTMENT FOR THE 

FISCAL YEAR ENDING JUNE 30, 1969. 

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

109:1 Marine Fisheries. The sum of twelve thousand five hundred 
seventeen dollars and seventy-four cents is hereby appropriated to be ex- 
pended for the marine fisheries division by the fish and game department. 
This appropriation shall be in addition to the sum appropriated by Laws 
1967, Chapter 380 and shall be a charge against revenue and balance of the 
marine fisheries division. 

109:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 25, 1969.] 
[Effective date April 25, 1969.] 



80 Chapter 110 [1969 

CHAPTER 110. 

AN ACT ESTABLISHING THE NEW LONDON DISTRICT COURT. 

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

110:1 Franklin District. Amend RSA 502-A:l, XVII as inserted by 1963, 
331:1 by striking out in line three the following "New London, Webster 
and Wilmot" and inserting in place thereof the following (and Webster) 
so that said paragraph as amended shall read as follows: XVII. Franklin 
District. The Franklin district shall consist of the city of Franklin and the 
towns of Northfield, Banbury, Andover, Boscawen, Salisbury, Hill, and 
Webster. The municipal court for the city of Franklin is hereby constituted 
the district court in and for said district and shall be located in said 
Franklin, holding sessions regularly therein and elsewhere in said district 
as justice may require. The name of said court shall be Franklin District 
Court. 

110:2 Henniker District. Amend RSA 502-A:l, XVIII as inserted by 
1963, 331:1 and amended by 1965, 327:8 by striking out in line two the 
following "Bradford, Newbury and Sutton" and inserting in place thereof 
the following (and Bradford) so that said paragraph as amended shall read 
as follows XVIII. Henniker District. The Henniker district shall consist 
of the towns of Henniker, Warner, and Bradford. The municipal court for 
the town of Henniker is hereby constituted the district court in and for 
said district and shall be located in said Henniker, holding sessions regularly 
therein and elsewhere in said district as justice may require. The name of 
said court shall be Henniker District Court. 

110:3 New District. Amend RSA 502-A:l as inserted by 1963, 331:1 by 
inserting after paragraph XVIII the following new paragraph: XVIII-a. 
New London District. The New London district shall consist of the towns 
of New London, Wilmot, Newbury, and Sutton. The municipal court for 
the town of New London is hereby constituted the district court in and for 
said district and shall be located in said New London, holding sessions 
regularly therein and eleswhere in said district as justice may require. The 
name of said court shall be New London District Court. 

110:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved April 29, 1969.] 
[Effective date June 28, 1969.] 



CHAPTER 111. 

AN ACT AUTHORIZING THE ESTABLISHMENT OF PROFESSIONAL ASSOCIATIONS. 

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

convened: 

111:1 New Chapter. Amend RSA by inserting after chapter 294 the 
following new chapter: 



1969] Chapter 111 81 

Chapter 294-A 
Professional Associations 

294-A: 1 Definitions. The following words and phrases as used in this 
chapter shall have the following meanings unless the context otherwise 
indicates: 

I. "Professional service" means any type of professional service which 
may be performed only pursuant to a license, certificate, or other legal au- 
thorization as provided by RSA 309, 310, 311, 315, 316, 317, 318, 319, 327, 
329, 330-A, or 332, granted to certified public accountants, architects, attor- 
neys, podiatrists, chiropractors, dentists, pharmacists, professional engineers, 
optometrists, physicians and surgeons, psychologists, and veterinarians. 

II. "Professional Association" means any association organized under 
the provisions of this chapter for the sole purpose of rendering a profes- 
sional service. 

III. "Employee" means a person duly licensed or otherwise legally 
authorized to render professional service within this state who renders such 
service through a professional association but does not include clerks, book- 
keepers, technicians or other individuals who are not usually considered 
by custom and practice of the profession to be rendering professional ser- 
vices to the public nor does it include any other person who performs all 
of his employment under the direct supervision and control of an employee 
who is himself rendering professional service to the public on behalf of 
the association. 

294-A:2 Professional Individuals and Groups May Incorporate. An 

individual or group of individuals each of whom is licensed or otherwise 
legally authorized to render the same kind of professional service within 
this state may organize and become a shareholder or shareholders of a pro- 
fessional association. The Articles of Agreement shall specify a single pro- 
fession to be practiced and shall state the names and addresses of all original 
shareholders, directors and officers. There shall be attached to the articles 
an affidavit, executed in the manner provided in RSA 294:10, which shall 
certify that all original shareholders, directors, officers and employees are 
duly licensed or otherwise legally authorized to render professional services 
in New Hampshire. The association name shall end with the following 
words or abbreviations: "Professional Association" or "Prof. Ass'n.". Cor- 
porations otherwise organized under the laws of this state, whether by 
special act or under the general law, whose employees furnish professional 
services, may elect to be governed by this chapter, by providing in the cor- 
poration's articles of agreement that the corporation is subject to the pro- 
visions of this chapter. 

294-A:3 Professional Relationship. The provisions of this chapter do 
not modify any law applicable to the relationship between a person fur- 
nishing professional service and a person receiving such service, including 
liability arising out of such professional service. 

294-A:4 Restricted Issuance of Stock. A professional association may 
issue its capital stock only to persons who are duly licensed or otherwise 
legally authorized to render the same professional service as that for which 
the association was organized. 



82 Chapter 111 [1969 

294-A:5 Annual Statement o£ Names and Addresses of Stockholders. A 

professional association shall, on or before April 1st of each year, furnish 
a statement to the secretary of state showing the names and post office ad- 
dresses of all shareholders, and shall certify that all its stockholders are duly 
licensed or otherwise legally authorized to render professional service in 
this state. This report shall be made on such form as shall be prescribed 
and furnished by the secretary of state, shall be signed by the president or 
vice president and the secretary or an assistant secretary of the association, 
acknowledged and sworn to before a notary public by the persons signing 
the report, and shall be filed in the office of the secretary of state. 

294-A:6 Sale or Transfer of Shares; Merger; Consolidation. A share- 
holder may sell or transfer his shares in such association only to the asso- 
ciation or to another individual who is duly licensed or otherwise legally 
authorized to render the same professional service as that for which the 
association was organized. A professional association organized under this 
chapter may consolidate or merge only with another professional associa- 
tion organized under the provisions of this chapter for the purpose of per- 
forming the same kind of professional services. A shareholder may pledge 
or otherwise encumber his stock as security for any loan, but in the event 
the security is foreclosed, a transfer shall, within a reasonable time be made 
only to the association or to another individual who is duly licensed or 
otherwise legally authorized to render the same professional service as that 
for which the association was organized. Nothing in this chapter shall pre- 
vent title to the shares of a shareholder from passing by inheritance or 
otherwise by operation of law to the heirs, legatees, or personal representa- 
tive of a deceased shareholder, or to a conservator, guardian, receiver, or 
trustee of a shareholder, except that any such person acquiring title to 
such shares shall within a reasonable time transfer said shares to the asso- 
ciation itself or to another individual who is duly licensed or otherwise 
legally authorized to render the same professional service as that for which 
the association was organized. 

294-A:7 Effect of Incorporation Laws. The provisions of RSA 294 shall 
apply to professional associations except that in the event there is any con- 
flict between RSA 294 and this chapter the provisions of this chapter shall 
take precedence. 

294-A:8 Penalties. Any person who violates any provision of this chap- 
ter shall be fined not more than one hundred dollars. In addition, anyone 
who has reason to believe that any person is violating any provision of this 
chapter, may certify the facts to the attorney general, who may, in his dis- 
cretion, cause appropriate proceedings to be brought in the superior court 
to restrain any such violations. 

111:2 Effective Date. This act shall take eflFect sixty days after its pas- 
sage. 

[Approved May 6, 1969.] 
[Effective date July 5, 1969.] 



1969] Chapter 112 83 

CHAPTER 112. 

AN ACT RELATIVE TO MEMBERSHIP ON STATE COUNCIL ON AGING. 

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

112:1 State Council on Aging. Amend RSA 167-A:1, as inserted by 
1957, 264:1 and as amended by 1961, 222:1 and 277:1 by striking out said 
section and inserting in place thereof the following: 167-A:1 Council Estab- 
lished. Tliere shall be a state council on aging to consist of eleven members 
as follows: The governor shall appoint nine members of the council each 
for a term of four years, provided that of the first appointments hereunder 
two shall be appointed for a term of one year, two for a term of two years, 
two for a term of three years, and three for a term of four years. Said mem- 
bers shall hold office until their successors are appointed and qualified and 
vacancies shall be filled for the unexpired term. In addition thereto there 
shall be one member appointed by the president of the senate and one 
member appointed by the speaker of the house of representatives, said two 
members to hold office for term for which each is elected. Of the eleven 
appointed members at least four shall be the age of sixty or over at the 
time of their appointment. In addition there shall be four persons who will 
serve in an advisory capacity and who shall be the following officials, name- 
ly, the commissioner of health and welfare, the commissioner of education, 
the commissioner of employment security, and the director of university 
extension service. In case any department member is unable to serve in 
said capacity he may appoint a representative from his department to serve 
in such advisory capacity. 

112:2 Officers. Amend RSA 167-A:2, as inserted by 1957, 264:1 and 
amended by 1961, 222:1 and 277:2 by striking out said section and inserting 
in place thereof the following: 167-A:2 Organization. The governor shall 
name one member of the council to act as chairman. His term of office as 
chairman shall be for two years. Said chairman shall call the first meeting 
of the council. The council shall elect a vice-chairman and a clerk. 

112:3 Additional Powers and Duties. Amend RSA 167-A:7 (supp) as 
inserted by 1961, 277:4 and amended by 1965, 12:1 by striking out said 
section and inserting in place thereof the following: 167-A:7 Federal 
Funds. The council shall be the sole, single state agency responsible for 
carrying out in New Hampshire the purposes of the Older Americans Act 
of 1965 and any subsequent legislation pursuant to that act and for receiv- 
ing all federal funds under Title III of said act. The council is authorized 
also to receive federal funds other than from the Administration on Aging 
to carry out purposes of this act. The treasurer shall receive and provide 
custody for all federal funds paid to the state under this act, subject to 
requisition or disbursement by the council as single state agency. The coun- 
cil is authorized to receive and expend federal funds made available to it. 

112:4 Employees. Amend RSA 167-A, by inserting after section 7 the 
following new sections: 

167-A:8 Director. The council shall appoint a director who shall be a 
classified state employee. Said director, subject to the approval of the coun- 
cil shall, within the limits of available funds, appoint such assistants and 



84 Chapter 113 [1969 

employees and employ professional consultants and make contracts for such 
services and projects as are deemed necessary to carry out the provisions of 
this chapter. Said director shall attend all meetings of the council and shall 
be responsible for implementing policies and programs under this chapter, 
provided that said implementation shall be subject to review by the council 
for effectiveness and conformance. 

167-A:9 To Administer State Plan. The council shall be the sole and 
final state agency designated as the single state agency for administering 
or supervising the administration of the New Hampshire State Plan for 
Implementing the Older Americans Act of 1965, including final decisions 
as to disposition of Title III project grant funds. The council shall have 
authority to submit or revise the New Hampshire state plan and shall be 
the sole state agency responsible for administering the program described 
in the state plan. 

112:5 Expiration of Terms of Office. The terms of office of the mem- 
bers of the state council on aging in office at the date this act takes effect 
shall expire as of said date. 

112:6 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 6, 1969.] 
[Effective date July 1, 1969,] 



CHAPTER 113. 

AN ACT RELATIVE TO THE FILING OF A FINANCIAL STATEMENT BY ORGANIZATIONS 
SEEKING TAX EXEMPTIONS. 

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

113:1 Charitable Organizations. Amend RSA 72:23, VI (supp) as 
amended by 1955, 157:1 and 1957, 202:2 by inserting in line seven after the 
word "exemption" the following (A duplicate copy of said statement shall 
be filed annually by June first with each tax assessor or assessing official 
of the city or town in which the property for which the tax exemption is 
being sought is located) so that said paragraph as amended shall read as 
follows: VI. Every charitable organization or society, except those religious 
and educational organizations and societies whose real estate is exempt 
under the provisions of III and IV above, shall annually before June first 
file with the state tax commission upon a form prescribed and provided by 
the tax commission a statement of its financial condition for the preceding 
fiscal year and such other information as may be necessary to establish its 
status and eligibility for tax exemption. A duplicate copy of said statement 
shall be filed annually by June first with each tax assessor or assessing official 
of the city or town in which the property for which the tax exemption is 
being sought is located. 

113:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 6, 1969.] 
[Effective date July 5, 1969.] 



1969] Chapter 114 85 

CHAPTER 114. 

AN ACT RELATIVE TO QUALIFICATIONS FOR PERSONS SEEKING THE OFFICE OF 

COUNTY ATTORNEY. 

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

114:1 Election; Vacancies. Amend RSA 7:33 by striking out said sec- 
tion and inserting in place thereof the following section: 7:33 Election; 
Vacancies. There shall be a county attorney for each county, who shall be 
a member of the New Hampshire bar, elected biennially by the inhabitants 
of the county. If the county attorney is absent at any term of court or un- 
able to discharge the duties of the office, the superior court, acting as a 
body, shall appoint a county attorney, who shall be a member of the New 
Hampshire bar, for the time being and allow said appointee such com- 
pensation for his services as they think reasonable. 

114:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 6, 1969.] 
[Effective date July 5, 1969.] 



CHAPTER 115. 

AN ACT PROVIDING FOR A RECOUNT OF VOTES ON A SWEEPSTAKES QUESTION. 

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

115:1 Sweepstakes Recount. Amend RSA 284 by inserting between 
section 284:2 1-k (supp) and 284:21-1 the following new section: 284:21-kk 
Recount. Five legal voters of any city or town which shall have voted either 
upon question (1) or (2) or both of section 2 1-k of this chapter may within 
ten days thereafter, petition the secretary of state for a recount of the votes 
cast upon one or both of said questions. Such application shall be accom- 
panied by a fee of ten dollars for each one thousand ballots or fraction 
thereof cast at said election in said town, provided, however, that but one 
fee shall be payable in the event a recount is desired on both questions and 
in no event shall such fee exceed fifty dollars. The secretary of state shall 
fix a time for such recount and shall notify the petitioners and the select- 
men, clerk and moderator of the town, or the mayor and clerk of the city, 
by mail, of the time and place so fixed. He shall request the clerk having 
custody of the ballots to forward them forthwith to the secretary of state, 
and the clerk shall immediately forward such ballots. 

115:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 6, 1969.] 
[Effective date July 5, 1969.] 



86 Chapter 116 [1969 

CHAPTER 116. 

AN ACT AUTHORIZING THE LAPSE OF CERTAIN ACCOUNTS TO THE GENERAL FUND AND 
REDUCING THE APPROPRIATION TO CERTAIN DEPARTMENTS. 

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

116:1 State Employees' Retirement System Bond Issue. The authority 
of the state treasurer to issue further bonds for the Employees Retirement 
System as authorized by RSA 100:15 is hereby canceled, and the balance 
of the bonds unissued in the amount of nine thousand dollars is hereby 
lapsed. In addition thereto, the balance of five hundred sixty-seven thou- 
sand, nineteen dollars and fifty-six cents carried as an appropriation balance 
in the special fund, available only for the accrued liability contribution of 
the state towards the Employees Retirement System, shall be lapsed to the 
state general fund. 

116:2 Division of Welfare. Amend Laws of 1967, 380:1 by inserting 
after the net appropriation for division of welfare in the department of 
health and welfare the following: 

NOTE: Other provisions of law notwithstanding, any balance remain- 
ing in state accounts at the close of the fiscal year shall lapse to the state 
general fund. 

116:3 Water Supply and Pollution Control Commission. Amend Laws 
of 1967, 380:1 by striking out in the appropriation for water supply com- 
mission the line "State aid grants* 1,603,186" and inserting in place thereof 
the following (State aid grants* 632,326). Further amend said section by 
striking out in the appropriation for water pollution commission the line 
"Total for water pollution commission $2,036,622" and inserting in place 
thereof the following (Total for water pollution commission $1,065,762). 

116:4 Division of Parks. Amend Laws of 1967, 380:1 by striking out 
Note 1 after the net appropriation for division of parks in the department 
of resources and economic development and inserting in place thereof the 
following: 

Note 1: Any unexpended balance in the recreation fund at June 30, 
1969 shall lapse to the vinappropriated surplus of the general fund. 

116:5 Department of Centralized Automated Data Processing. Amend 

Laws of 1967, 253:2 by striking out in lines four and five the words "and 
seventy-five" so that said section as amended shall read as follows: 253:2 
Appropriation. There is hereby appropriated for the department of cen- 
tralized automated data processing for the fiscal year ending June 30, 1968, 
the sum of seventy-five thousand dollars and there is hereby appropriated 
for said department the sum of one hundred thousand dollars for the fiscal 
year ending June 30, 1969. The sums hereby appropriated shall be ex- 
pended, for expenses for administration of RSA 8-C, as inserted by this act 
which purposes may include but not limited to the rental or purchase of 
equipment. The sums appropriated for the fiscal year ending June 30, 1968, 
shall not lapse but may be expended in the succeeding fiscal year. The 



1969] Chapter 117 87, 

governor is authorized to draw his warrant for the sums hereby appropri- 
ated out of any money in the treasury not otherwise appropriated. 

116:6 Effective Date. This act shall take effect on passage. 
[Approved May 6, 1969.] 
[Effective date May 6, 1969.] 



CHAPTER 117. 

AN ACT RELATIVE TO THE DISTRIBUTION TO AND COUNTING OF BALLOTS IN 
ADDITIONAL POLLING PLACES. 

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

117:1 Uniform Time for Polls to Open. Amend RSA 39 by inserting 
after section 2-a (supp) the folloTving new section: 39:2-b Time Polls Open. 
The warrant for any town meeting shall provide that polls at the addi- 
tional polling place, if any, shall open at the same time as the polls at the 
central polling place. 

117:2 Time for Sealing Check-lists and Ballots. Amend RSA 59:49 by 
striking out said section and inserting in place thereof the following: 59:49 
Sealing Check-lists and Ballots. Before the polls are opened at the central 
polling place on the day of the general election the town clerk shall seal 
up the duplicate copies of the check-list for each additional polling place, 
lodged with him by the supervisors, with a number of blank ballots equal 
to the number of voters on such check-list and fifty additional ballots. This 
package shall be prepared and sealed in the presence of the moderator and 
selectmen and delivered to the assistant moderator of the additional poll- 
ing place by two election officers designated by the moderator, who shall 
carry the same to such polling place with all reasonable speed. 

117:3 Counting of Ballots at Additional Polling Place. Amend RSA 
59 by inserting after section 51 the following new section: 

59:51-a Optional Ballot Tabulation at Additional Polling Place. 

I. Notwithstanding the provisions of section 51, the moderator may, 
by written order, instruct the assistant moderator to tabulate the votes in 
the presence of and with the assistance of the assistant town clerk and the 
other election officials at the additional polling place where they were cast. 
If such an order is given, immediately after the polls are closed the ballots 
shall be examined and the votes for the several candidates and on any ques- 
tion submitted shall be counted by the assistant moderator in the manner 
prescribed by this chapter. After the tabulation is complete, the assistant 
moderator shall place the counted ballots in the ballot box and shall seal it 
up, and the assistant town clerk shall certify the same. He shall also seal 
up the duplicate check-lists used at the additional polling place, together 
with the spoiled and unused ballots. He and the assistant town clerk shall 
then deliver the ballot box, check-lists, unused and spoiled ballots, and a 
written report of his tabulation, signed by him and the assistant town 



88 Chapter 118 [1969 

clerk, to the moderator of the town at the central polling place without 
delay. The moderator shall combine the tabulations of the additional poll- 
ing places with that of the ballots cast at the central polling place and shall 
announce the result of the ballot of the entire town as a single compiled 
tabulation, 

II. If the assistant moderator does not receive a written order from 
the moderator instructing him to tabulate the votes at the additional poll- 
ing place, he shall comply with the provisions of section 51. 

117:4 Effective Date. This act shall take effect upon its passage. 
[Approved May 9, 1969.] 
[Effective date May 9, 1969.] 



CHAPTER 118. 

AN ACT PROHIBITING MOTORBOATS ON WILLARD POND IN ANTRIM. 

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

118:1 Willard Pond. Amend RSA 486 by inserting after section 8 
(supp) the following new section: 486:9 Willard Pond. On or after the 
date of the passage of this act, no person shall use or operate any motorboat 
or other boat equipped with a motor of greater than six horsepower, or at 
greater than trolling speed, upon the waters of Willard Pond in the town 
of Antrim. Whoever violates any of the provisions of this section shall be 
fined not more than fifty dollars. 

118:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 119. 

AN ACT MAKING IT ILLEGAL TO DRIVE WHILE UNDER THE INFLUENCE OF 
HALLUCINOGENIC DRUGS. 

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

119:1 Hallucinogenic Drugs. Amend RSA 262-A:62 as inserted by 
1963, 330:1 by inserting in line three, after the word "narcotic" the follow- 
ing word (hallucinogenic) so that said section as amended shall read as 
follows: 262-A:62 Intoxication or Under Influence of Drugs. Any person 
who shall be convicted of operating, or attempting to operate a motor ve- 
hicle upon any way while under the influence of intoxicating liquor, or 
any narcotic, hallucinogenic or habit-producing drug, shall be imprisoned 
for not more than six months or shall be fined not more than five hundred 



1969] Chapter 119 , 89 

dollars, or both; his license shall be revoked for a period of sixty days and 
at the discretion of the court for a period not to exceed two years. Upon a 
second conviction he may be imprisoned for not less than one month nor 
more than six months, and fined not less than one hundred nor more than 
five hundred dollars; his license shall be revoked and he shall be ineligible 
for a license for the next three calendar years, provided, however, that any 
prior conviction, upon which a second offense complaint is founded, must 
have occurred within seven years preceding the date of said second offense. 

119:2 Implied Consent. Amend RSA 262-A:69-a as inserted by 1965, 
238:1 by inserting in line five after the word "alcoholic" the words (nar- 
cotic or drug and by inserting in lines eight and twelve after the word 
"liquor" the words (narcotics or drugs) so that said section as amended shall 
read as follows: 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 given consent to a chemical test or tests of 
his blood and urine for the purpose of determining the alcoholic, narcotic 
or drug content of his blood, if arrested for any offense arising out of acts 
alleged to have been committed while the person was driving or in actual 
physical control of a motor vehicle while under the influence of intoxicat- 
ing liquor, narcotics or drugs. 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 in- 
fluence of intoxicating liquor, narcotics or drugs. A copy of the report of 
any such test shall be furnished by the law enforcement agency to the per- 
son 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. 

119:3 Refusal. Amend RSA 262-A:69-e as inserted by 1965, 238:1 by 
inserting in line nine after the word "liquor" the words (narcotics or drugs) 
so that said section as amended shall read as follows: 262-A:69-e Refusal 
of Consent. If a person under arrest refuses upon the request of a law 
enforcement officer to submit to a chemical test designated by the law en- 
forcement 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 re- 
port of the law enforcement officer containing the following: (1) that he 
had reasonable grounds to believe the arrested person had been driving 
or was in actual physical control of a motor vehicle upon the public high- 
ways of this state while under the influence of intoxicating liquor, narcotics 
or drugs; (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 enforcement offi- 
cer; (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 non- 
resident 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 



90 Chapter 120 [1969 

the issuance of a license for a period of ninety days after the date of the al- 
leged violation, subject to review as hereinafter provided. 

119:4 Review. Amend RSA 262-A:69-f as inserted by 1965, 238:1 by 
inserting in line twelve after the word "liquor" the words (narcotics or 
drugs) so that said section as amended shall read as follows: 262-A:69-£ 
Administrative Review. Upon revoking the license or nonresident operat- 
ing 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 control of a motor vehicle 
upon the public highways of this state while under the influence of intox- 
icating liquor, narcotics or drugs; whether the person was placed under 
arrest; whether he refused to submit to the test upon the request of the 
officer; whether the person was informed that his privilege to drive would 
be revoked or denied if he refused to submit to the test, and whether the 
person was 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 ve- 
hicles 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 contain a statement inform- 
ing the person of his right of appeal. 

119:5 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 120. 

AN ACT RELATIVE TO CERTIFICATES WITHOUT EXAMINATION FOR THE PRACTICE OF 
PSYCHOLOGY AND RELATIVE TO ASSOCIATE PSYCHOLOGISTS. 

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

120:1 Practice of Psychology. Amend RSA 330-A:13, as inserted by 
1957, 121:1 by striking out said section and inserting in place thereof the 
following: 330-A:13 Certificate Without Examination. The board may 
grant a certificate without examination to any person who meets the other 
requirements of this chapter and Avho (1) at the time of application is cer- 
tified by a board of examiners of another state provided that the require- 
ments of such a state for such certification \\:ere substantially the equivalent 
of the requirements of this chapter, or (2) who at the time of application 
has been awarded the status of diplomate by the American Board of Pro- 
fessional Psychology, Inc. 



1969] Chapter 120 91 

120:2 Persons Excepted. Amend RSA 330-A:16 as inserted by 1957, 
121:1 by inserting after paragraph II the following new paragraph: III. 
The activities and services of an associate psychologist within the require- 
ments of RSA 330-A:16-a. 

120:3 Terms Defined. Amend RSA 330-A, as inserted by 1957, 121:1 
by inserting after section 16 the following new section: 

330-A: 16-a Associate Psychologist. 

I. An associate psychologist is a person who (a) has received the mas- 
ter's degree based upon a program of study whose content was primarily 
psychological from an accredited educational institution having a graduate 
program or its substantial equivalent in both subject matter and extent 
of training, (b) has submitted to the board such recommendations, tran- 
scripts, and evidences of his work as the board shall require, and (c) is em- 
ployed in an agency, institution, or organization that contracts for the 
services of a psychologist certified under the provisions of this chapter, 
provided such associate psychologist is under the direct supervision of the 
certified psychologist, meets the certified psychologist at the employing 
agency on a regular basis, and further provided that the certified psychol- 
ogist is willing to assume professional responsibility for the activities and 
services of such associate psychologist at that agency, institution, or organ- 
ization under terms of a written agreement. 

II. In the event that the certified psychologist terminates his contract 
with that agency, institution, or organization, he shall notify the board to 
that effect before the date of his termination of contract. Unless and until 
another certified psychologist, similarly employed by that agency, institu- 
tion, or organization, notifies the board that he is willing to assume the 
professional responsibility for the activities and services of the associate 
psychologist, under terms of a written agreement such associate psycholo- 
gist may not use the title associate psychologist in association with any of 
his activities and services. 

III. In the event that a certified psychologist informs the board in 
writing that he is no longer willing to assume the professional responsibil- 
ity for the activities and services of an associate psychologist, such associate 
psychologist may not use the title associate psychologist in association with 
any of his activities and services unless and until another certified psychol- 
ogist similarly employed by that agency, institution or organization informs 
the board that he is willing to assume the professional responsibility for 
the activities and services of the associate psychologist under terms of a 
written agreement. 

IV. Each written agreement referred to in this section shall, before 
becoming effective, be approved by the board and each agreement and its 
execution shall be reviewed by the board at least annually. 

V. Nothing in this chapter shall be construed as sanctioning, permit- 
ting, or allowing an associate psychologist to render or offer to render ser- 
vices as an associate psychologist except under the conditions and provisions 
specified in this section or in any other fashion to engage in the inde- 
pendent or private practice of such activities and services. 



92 Chapter 121 [1969 

120:4 EfEective Date. This act shall take eflFect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 

[Effective date July 8, 1969.] 



CHAPTER 121. 

AN ACT RELATIVE TO PROTECTION OF CONFIDENTIAL MEDICAL INFORMATION OB- 
TAINED FOR RESEARCH PURPOSES BY THE DEPARTMENT OF HEALTH AND WELFARE. 

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

121:1 Certain Research Information Confidential. Amend RSA 126-A 
(supp) as inserted by 1961, 222:1 by inserting after section 4 the following 
new section: 

126-A:4-a Medical and Scientific Research Information. 

I. Personal medical and/or other scientific data of any kind whatso- 
ever obtained for the purpose of medical or scientific research by the com- 
missioner or by any person, organization, or agency authorized by the com- 
missioner to obtain such data shall be confidential and shall be used solely 
for medical or scientific purposes. Such data shall include, but not be lim- 
ited to, all information, records of interviews, written reports, statements, 
notes, memoranda, or other data procured in connection with such scien- 
tific studies and research conducted by the department, or by other per- 
sons, agencies, or other organizations so authorized by the commissioner. 

II. No hospital, sanitarium, rest home, nursing home, other person 
or agency shall be held liable in any action for damages or other relief 
arising from the furnishing of personal medical and/or other scientific data 
to the department of health and welfare or to the representative of an au- 
thorized medical or scientific research project. 

III. Personal medical and/or other scientific data obtained by the de- 
partment of health and welfare or by an authorized research project shall 
not be admissible as evidence in any action of any kind in any court or be- 
fore any tribunal, board, agency or person. 

IV. Personal medical and/or other scientific data shall not be exhibited 
nor their contents disclosed in whole or in part by any officer or employee 
of the department, or by any other person, except as may be necessary to 
further the study or research project to which they relate. 

V. Any person who violates the provisions of this section by the unau- 
thorized disclosure of any confidential medical or scientific data, in whole 
or in part, shall be fined not more than two hundred and fifty dollars. 

121:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



1969] Chapter 122 93 

CHAPTER 122. 

AN ACT RELATIVE TO TAXATION OF REAL ESTATE SEPARATE FROM ORE, SAND. GRAVEL, 
LOAM OR SIMILAR SUBSTANCES. 

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

122:1 Taxation. Amend RSA 72:13 by striking out said section and 
inserting in place thereof the following: 72:13 Mines, Sand, Gravel, Loam, 
or Other Similar Substances. Real estate shall be taxed independently of 
any mines or ores contained therein until such mines or ores shall become 
a source of profit, and independently of any sand, gravel, loam, or other 
similar substances contained therein until any of them shall become a source 
of profit; except when such mines, ores, sand, gravel, loam, or other similar 
substances, or rights therein are owned by some person other than the one 
to whom such real estate is taxed, in which case they shall be taxed as real 
estate to such other person. 

122:2 Effective Date. This act shall take effect April 1, 1970. 
[Approved May 9, 1969.] 
[Effective Date April 1, 1970.] 



CHAPTER 123. 

AN ACT TO INCREASE THE LOBBYISTS REGISTRATION FEE. 

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

123:1 — Fee for Registration. Amend RSA 15:2 (supp) as amended by 
1957, 78:1 by striking out in line three the words "ten dollars" and insert- 
ing in place thereof the following (twenty-five dollars) so that said section 
as amended shall read as follows: 15:2 — Fee for Registration. The fee for 
registration as legislative counsel for any one employer for any one legis- 
lative session, in accordance with the provisions of section 1 of this chapter, 
shall be twenty-five dollars; provided, however, that where the registrant 
is a member of a partnership, a partner or associate of said partnership 
may substitute for the registrant as legislative counsel for the same employer 
without payment of any additional fee. 

123:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



94 Chapter 124 [1969 

CHAPTER 124. 

AN ACT PROVIDING FOR AN ASSOCIATE JUSTICE AND A DEPUTY CLERK FOR THE MAN- 
CHESTER DISTRICT COURT AND INCREASING THE MAXIMUM SALARY PROVISIONS 
FOR JUSTICES OF DISTRICT COURTS. 

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

124:1 Associate Justice. Amend RSA 502-A by inserting after section 
502-A:3 the following new section: 502-A:3-a Associate Justice, Manchester 
District Court. The Manchester District Court in addition to the justice 
shall have a full-time associate justice appointed and commissioned by the 
governor, with advice and consent of the council, as prescribed by the con- 
stitution who shall have the same qualifications and powers as prescribed 
for the justice. 

124:2 Deputy Clerk. Amend RSA 502-A by inserting after section 
502-A:7 the following new section: 502-A:7-a Depvity Clerk, Manchester 
District Court. The Manchester District Court shall have a deputy clerk 
of court appointed by the justice thereof, who shall hold office during the 
pleasure of the justice appointing him. He shall have the qualifications, 
powers and duties as prescribed for clerks of district courts. 

124:3 Salary, Associate Justice. Amend RSA 502-A:6 as inserted by 
1963, 331:1 and amended by 1965, 138:1, 294:1 and 1967, 193:1, 438:1 by in- 
serting after paragraph I the following new paragiaph: I-a. Salary of As- 
sociate Justice, Manchester District Court. The annual salary of the asso- 
ciate justice of the Manchester District Court shall be in an amount equal 
to ninety percent of the salary paid the justice, as provided in paragraph I. 

124:4 Salary of Deputy Clerk. Amend RSA 502-A:6 as inserted by 1963, 
331:1 and amended by 1965, 138:1, 294:1 and 1967, 193:1, 438:1 by insert- 
ing after paragraph III the following new paragraph: IV. Salary of Deputy 
Clerk, Manchester District Court. The annual salary of the deputy clerk 
of the Manchester District Court shall be in an amount equal to sixty per- 
cent of the salary paid the associate justice, as provided in paragraph I-a. 

124:5 Maximum Salary. Amend RSA 502-A:6, I, as inserted by 1963, 
331:1 and amended by 1967, 438:1, by striking out in line fourteen the 
word "eighteen" and inserting in place thereof the word (nineteen) so that 
said paragraph as amended shall read as follows: I. Salaries of Justices. 
The cities and toivns in which the district courts are regularly located shall 
annually appropriate and pay the justices of the district courts salaries 
computed in the following manner: for the first fifteen hundred cases, three 
hundred and fifty dollars for each one hundred cases or fraction thereof; 
for the next one thousand cases, three hundred dollars for each one hun- 
dred cases or fraction thereof; and for all cases over twenty-five hundred, 
one hundred and fifty dollars for each one hundred cases or fraction there- 
of provided that the sum of five hundred dollars shall be added to the sal- 
ary of each justice of a district court which has exclusive civil jurisdiction 
in cases where the damages do not exceed five hundred dollars. No justice 
shall be paid a salary less than a sum equal to one hundred and eighty dol- 
lars for each thousand persons residing in the district, as reported in the 



1969] Chapter 125 95 

last federal census, and no justice shall receive a salary greater than nine- 
teen thousand dollars a year. The total cases reported annually from each 
district court to the judicial council shall be used in the computation of 
the salary of each justice as provided herein. The administrative committee 
of the district and municipal courts shall compute the salaries as provided 
in this section and shall annually, in November, notify the local governing 
body of each city or town in which each district court is regularly located 
the amount to be paid the justice, special justice and clerk for the next 
calendar year, 

124:6 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 9, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 125. 

AN ACT ENABLING TOWNS TO HAVE A CONTINGENCY FUND WITHOUT BEL\G REQUIRED 
TO PUT A SPECIAL ARTICLE IN THE W.ARRANT EACH YEAR. 

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

125:1 Powers of Towns. Amend RSA 31:4 as amended by 1957, 85:1, 
186:1; 1961, 81:1, 168:1; 1963, 90:1; 1965, 8:1, 224:1 and 1969, 49:1 by in- 
serting after paragraph XLI (supp) the following new paragraph: XLII. 
Contingency Fund. To provide a contingency fund to meet the cost of 
unanticipated expenses that may arise during the year, to be expended by 
the selectmen who shall make a detailed report of all expenditures from 
said fund to be published annually with their report. The amount in said 
fund shall not exceed one per cent of the amount appropriated by the town 
for toAvn purposes during the preceding year. 

125:2 Repeal. RSA 31:98 (supp) as inserted by 1965, 123:1, relative to 
placing an article in the town warrant for a contingency fund, is hereby 
repealed. 

125:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 126. 

AN ACT AUTHORIZING TOWNS TO ENTER INTO AGREEMENTS WITH OTHER GOVERN- 
MENTAL UNITS FOR REFUSE COLLECTION AND DISPOSAL AND THE MAINTENANCE 
AND OPERATION OF AMBULANCES. 

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

126:1 Refuse Collection and Disposal; Operation of Ambulances. 



96 Chapter 127 [1969 

Amend 53-A:3, (supp) as inserted by 1963, 275:14, by inserting at the end 
thereof the following new paragraphs: 

XII. The construction, maintenance and operation of refuse collec- 
tion and disposal. 

XIII. The maintenance and operation of ambulances. 

126:2 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 127. 

AN ACT RELATIVE TO EXPENSES OF EXTINGUISHING FIRES IN UNINCORPORATED 

PLACES. 

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

127:1 Extinguishing Fires. Amend RSA 28 by inserting after section 
7 the following new section: 28:7-a Extinguishing Fires. They may pay 
the expense of extinguishing fires of any kind in unincorporated areas. 

127:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 128. 

AN ACT TO EXTEND THE AMOUNT AND REPAYMENT TIME OF LOANS AND TO PROVIDE 

FOR UNSECURED LOANS FOR ANY PURPOSE MADE BY COOPERATIVE BANKS 

AND BUILDING AND LOAN ASSOCIATIONS. 

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

128:1 Unsecured Loans. Amend RSA 393:15-a as amended by 1955, 
140:1; 1957, 194:1; and 1967, 205:1 by striking out said section and inserting 
in place thereof the following: 

393:15-a Unsecured Loans. A loan association or cooperative bank 
may loan its funds as follows: 

I. In loans insured by the Federal Housing Commission under Title 
I of the National Housing Act of 1934 with all subsequent amendments 
thereto. 

II. In loans on improved real estate for the purpose of financing the 
repair, alteration, improvement or rehabilitation without the additional 
security of a lien upon such real estate; Provided that (a) the loan asso- 



1969] Chapter 129 > 97 

elation or cooperative bank is the holder of the first mortgage upon the 
property to be improved; (b) the net proceeds of any such loan do not ex- 
ceed five thousand dollars; (c) each such loan is evidenced by one or more 
negotiable notes; (d) each loan is repayable on demand or in regular month- 
ly installments within a period of seven years. 

III. In loans, with or without security, for any purpose, provided that 
no such loan shall exceed four thousand dollars, such loan to be repayable 
on demand or in regular monthly installments 'within a period of four years, 
however, if the indebtedness is incurred for the purpose of mobile home 
financing and the mobile home is taken as security, such mobile home loan 
shall not exceed five thousand dollars and such loan shall be repayable in 
regular monthly installments within a period of seven years. 

IV. The aggregate amount of all loans in paragraphs II and III shall 
not exceed fifteen per cent of the association's or cooperative bank's assets. 
Loans without security shall have suitable financial information on file 
warranting the extension of the loan. 

128:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 129. 

AN ACT RELATIVE TO CONTINUANCE OF CASES FOR NONSUPPORT. 

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

129:1 Cases for Nonsupport. Amend RSA 460:26 by inserting in line 
one after the words "the court may" the words (continue the case for sen- 
tence or) so that said section as amended shall read as follows: 460:26 Con- 
tinuance or Suspension of Sentence. Upon conviction, the court may con- 
tinue the case for sentence or suspend sentence upon, and during compliance 
by the defendant with, any order for support theretofore made against him. 

129:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 9, 1969.] 
[Effective date May 9, 1969.] 



CHAPTER 130. 

AN ACT RELATIVE TO THE GOOD SAMARITAN LAW. 

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

130:1 Compensation for Emergency Care. Amend RSA 508:12 as in- 
serted by 1967, 128:1 by striking out in lines two and three the words "with- 



98 Chapter 131 [1969 

out receiving any compensation for the care" and by inserting in line seven 
after the word "care" the following (as long as he receives no compensation 
for the care from or on behalf of the person cared for) so that said section 
as amended shall read as follows: 508:12 Emergency Care. If a person in 
good faith renders emergency care at the place of the happening of an 
emergency, to a person who is in urgent need of care as a result of the 
emergency, and if the acts of care are made in good faith and without will- 
ful or wanton negligence, the person who renders the care is not liable in 
civil damages for his acts or omissions in rendering the care, as long as he 
receives no compensation for the care from or on behalf of the person cared 
for, and provided further that any person rendering emergency care shall 
have the duty to place the injured person under the care of a physician, 
nurse, ambulance driver, or other person qualified to care for such person 
as soon as possible and to obey the instructions of such qualified person. 

130:2 Effective Date. This act shall take efifect sixty days after pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 131. 

AN ACT RELATIVE TO ABANDONED OR NEGLECTED CEMETERY LOTS. 

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

131:1 Abandoned Lots. Amend RSA 289 by inserting after section 18 
the following new subdivision: 

Abandoned or Neglected Lots 
289:19 Definitions. For the purposes of this subdivision, the following 
words shall have the following meanings: 

I. "Cemetery" shall mean any public cemetery owned, managed or 
controlled by any city or town within this state or by any voluntary cor- 
poration organized for the purpose of operating a cemetery for the benefit 
of the public. 

II. "Cemetery Board" shall mean any board, trustee or public official 
or officials invested by law with the duty of managing or controlling any 
cemetery or any board of trustees managing or controlling a cemetery 
owned by a voluntary corporation. 

III. "Burial space" shall mean a lot in any cemetery as designed and 
intended for the interment of human bodies or of a human body, but not 
used for such purpose. 

IV. "Owner" shall mean any person or persons owning or possessing 
the privilege, license or right of interment in any burial space. 

289:20 Abandoned Lots, Forfeiture Proceedings; etc. 



1969] Chapter 131 99 

I. Whenever the owner of any burial space or spaces in any public 
cemetery subject to the provisions of this subdivision shall have failed and 
neglected for a period of twenty years or more to care for and maintain 
such space or spaces in accordance with the laws, rules and regulations re- 
lating thereto and providing for such care and maintenance, the board or 
other officials having jurisdiction over such cemetery may institute pro- 
ceedings for the termination and forfeiture of the rights and interests of 
such owner. 

II. Whenever such board or other officials shall determine the fact as to 
such failure and neglect, a resolution reciting such determination shall be 
duly adopted and a certified copy thereof shall be served on the owner per- 
sonally by any competent person, or shall be sent by registered mail to his 
last known address. 

III. If compliance with said rules and regulations is not effected, or 
provisions therefor made, within thirty days after service of notice as re- 
quired by paragraph II, said board may file a petition in the superior court 
of the county in which said cemetery is located for the termination and 
forfeiture of the rights of the owner thereof. Said petition shall set forth 
the facts relating to the sale and ownership of such burial space or spaces 
and the failure and neglect to comply with the rides and regulations for 
the care and maintenance thereof. 

IV. There shall be a hearing on said petition on a date not less than 
forty days after the date of filing. 

V. A copy of said petition with notice of hearing thereon shall be 
personally served upon said owner within fifteen days after the date of fil- 
ing or, in lieu of such personal service, copies thereof shall be sent by reg- 
istered mail to the last known address of such owner within fifteen days 
after the date of filing and a notice of hearing thereon shall be published 
once each week for three successive weeks in some newspaper of general 
circulation in said county, the first publication being made not less than 
thirty days before the date of hearing. 

VI. It shall be the duty of such owner to appear and make answer to 
the allegations of said petition and in case of his failure so to do prior to 
the day noticed for hearing, his default shall be entered in the same man- 
ner as is provided for the entering of defaults in equity cases generally. 

289:21 Order of Forfeiture with Right to Resell. Upon a finding by 
the court that the owner has failed and neglected for a period of t\venty 
years preceding the filing of said petition to comply with the rules and regu- 
lations relating to maintenance and care of said burial space or spaces, it 
shall order that the rights and interests of said owner are forfeited and 
terminated and that the city, town or voluntary corporation operating said 
cemetery shall have the right to resell such space or spaces and to use the 
proceeds as provided in section 289:25. A duly certified copy of said order 
shall be, within ten days, personally served upon such owner or be sent by 
registered mail to his last known address. 

289:22 Redemption. The owner may, within sixty days of the date of 
the order, redeem his interest and rights in said space or spaces by comply- 
ing with the rules and regulations relative to the care and maintenance 



100 Chapter 132 [1969 

thereof and by paying the costs of the proceedings, not exceeding fifteen 
dollars. If the owner does so redeem, the order of termination and forfeiture 
shall be set aside. 

289:23 Duties of Boards. It shall be the duty of cemetery boards to 
keep an accurate account of all expenses incurred by them under the pro- 
visions of this subdivision and to charge the same against the burial space 
or spaces involved. If the owner fails to redeem his rights as provided in 
section 289:22, the board shall maintain and care for the burial space or 
spaces and shall keep an accurate and detailed accoimt of all money ex- 
pended for such purpose. 

289:24 Reconveyance of Lot. At any time during the period of two 
years from and after the date of the order of termination and forfeiture, 
the owner of any burial space or spaces shall be entitled to a reconveyance 
to him by the cemetery board upon the payment of the costs and expenses 
incurred in said proceeding, not exceeding fifteen dollars, and the costs 
and expenses incurred in the care and maintenance of said spaces. 

289:25 Sale; Trust Fund. If the owner does not obtain a reconveyance 
as provided in section 289:24 within the said two years, the cemetery board 
shall sell such space or spaces in accordance with the rules and regulations 
governing the sale of lots and spaces in said cemetery. The proceeds from 
said sale shall be used to defray the expenses incuned in accordance with 
the provisions of this subdivision and the balance, if any, shall be placed 
in a fund to be known as the "perpetual care trust fund" of the cemetery. 
The income therefrom shall be used by the board for the future main- 
tenance, care and upkeep of the cemetery. 

289:26 Rights not Forfeited. Nothing in this subdivision shall be con- 
strued to authorize the forfeiture or termination of rights or interests in 
and to any burial space or spaces that have been used for interment nor 
shall any such space or spaces be subject to resale under the provisions 
hereof. 

131:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 9, 1969.] 
[Effective date July 8, 1969.] 



CHAPTER 132. 

AN ACT RELATIVE TO AIR RIFLES. 

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

convened: 

132:1 Limitations on Air Rifles. Amend RS A 571: 20-a (supp) as inserted 
by 1967, 65:2 by striking out said section and inserting in place thereof the 
following: 571:20-a Selling Air Rifles to Minors. If any person shall sell, 
barter, rent, lend, or give an air rifle to a minor under the age of twenty- 
one without the written consent of the parents or guardian, as the case may 



1969] Chapter 133 101 

be, he shall be subject to the penalties and liabilities provided for in sec- 
tion 20. Air rifles may be used in New Hampshire only in the home of the 
minor under parental supervision or on an approved range under respon- 
sible adult supervision. Air rifles may be possessed by a minor only in his 
own home under parental supervision or on the way to or from an ap- 
proved range that is under the supervision of a responsible adult such as 
an instructor in gun safety or marksmanship. 

132:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 133. 

AN ACT PROVIDING FOR THE ACQUISITION OF WATER RIGHTS AND DAM 
AT SEWALLS FALLS IN CONCORD. 

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

133:1 New Chapter. Amend RSA by inserting after chapter 481-C as 
inserted by 1963, 207:1 the following new chapter: 

Chapter 481-D 
Sewalls Falls Dam in Concord 

481-D: 1 Acquisition Authorized. For a sum of ten thousand dollars 
paid to the water resources board by the Concord Electric Company, said 
boaid is hereby authorized to accept conveyances from the owners thereof 
the following described properties for the purpose of improving and con- 
trolling certain water rights for the benefit of the state: Dam, water rights, 
and lands connected therewith known as the Sewalls Falls dam on the Mer- 
rimack River in the city of Concord. 

481-D:2 Repairs and Improvements. Said board after said acquisition 
may from time to time make repairs and modifications to said dam so ac- 
quired or rebuild the same so as to best serve the interest of this state; 
provided however, in the event a fish ladder has to be constructed, the cost 
shall be a charge against Fish and Game funds. 

481-D:3 Tax Exemption. The properties hereby authorized to be ac- 
quired by the w^ater resources board for the benefit of the state shall be 
exempt from taxation so long as said properties are held by the state. 

481-D:4 Sewalls Falls Dam Fund. The money received under section 
1 and any other revenue received for the same purposes shall be paid to 
the water resources board and held in a special fund to be used exclusively 
for the repair and maintenance of the Sewalls Falls Dam in Concord. Ex- 
penditures from this fund may be made for the purposes hereof by the 
water resources board with the prior approval of the governor and council. 



102 Chapter 134 [1969 

133:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 

[Effective date July 12, 1969.] 



CHAPTER 134. 

AN ACT RELATIVE TO THE AMOUNT OF REAL ESTATE LOANS AND INVESTMENTS OF 
BUILDING AND LOAN ASSOCIATIONS AND COOPERATIVE BANKS. 

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

134:1 Limitations on Amount of Real Estate Loans and Investments. 

Amend RSA 393:18 as amended by 1961, 136:4; 1963, 313:2; 1965, 317:2 and 
1967, 120:1 by striking out said section and inserting in place thereof the 
following: 393:18 Limitations on the Amount of Real Estate Loans and 
Investments. A cooperative bank or building and loan association or sav- 
ings and loan association may loan its funds upon the security of a first 
lien on real estate provided that no more than thirty thousand dollars or 
more than one per cent of the assets of the association, whichever is greater, 
is loaned on any one property. Loans in excess of ten thousand dollars may 
not exceed ninety per cent of the appraised value of any one property and 
loans in excess of twenty-five thousand dollars may not exceed eighty per 
cent of the appraised value of any one property. These limitations shall 
not apply to loans insured or guaranteed by the Federal Housing Admin- 
istration, the Veterans Administration, or the State of New Hampshire. 
Notwithstanding the foregoing limitations of this section, an association 
may make a loan in connection with the sale of real estate acquired by the 
association for the purpose of providing offices for the transaction of the 
business of the association, or acquired under a foreclosure or a deed in lieu 
of foreclosure, in an amount not to exceed the sale price the association 
receives from such real estate. 

134:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 135. 

AN ACT RELATIVE TO APPROVAL OF BONDS OF TOWN CLERKS. 

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

135:1 Approval by Tax Commission. Amend RSA 41:6 by striking 
out in line one the words "clerk and" and inserting in line three after the 
word "each" the words (town clerk) so that said section as amended shall 



1969] Chapter 136 103 

read as follows: 41:6 Surety Company Bonds, When Required. Each town 
treasurer shall furnish a bond of a reputable surety company in the form 
required by the tax commission, and each town clerk, tax collector and 
deputy tax collector shall furnish a bond of a reputable surety company in 
the form and amount required by the tax commission. The premiums shall 
be paid by the town. 

135:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 136. 

AN ACT REPEALING THE PARTICULAR STATUTE WHICH EXEMPTS FROM POLL TAXES 
PERSONS IN MILITARY SERVICE DURING WORLD WAR II. 

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

136:1 Repeal. RSA 72:4, relative to exemption from poll taxes for 
World War II military personnel, is hereby repealed. 

136:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 137. 

AN ACT RELATIVE TO HUNTING ON ISLANDS BY CERTAIN DISABLED PERSONS. 

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

137:1 Amputee. Amend RSA 208:6-a as inserted by 1963, 315:2 by 
striking out said section and inserting in place thereof the following: 
208:6-a Hunting on Islands by Certain Disabled Persons. Notwithstanding 
those provisions of section 2 of this chapter wdiich relate to the taking of 
deer upon islands, the director may designate one or more islands upon 
which deer may be taken by paraplegics, amputees, and other non-ambu- 
latory persons, in accordance with this section. An eligible person desiring 
to take advantage of this section, and who is properly licensed under the 
provisions of this title to take deer, shall apply to the director at least fifteen 
days before the beginning of the open season for deer as prescribed in said 
section 2 in the area in which he desires to hunt. Upon receipt of such 
applications, the director shall make such provisions as, in his discretion, 
shall as fully as possible effectuate the purposes hereof, having regard to 
the deer population on said designated islands and the number and physi- 



104 Chapter 138 [1969 

cal condition of persons desiring to hunt thereon. He may allocate sec- 
tions or portions of any such island to designated applicants for specific 
dates, which dates shall be during the open season for taking deer; and he 
may revoke permits theretofore granted when deer population in any loca- 
tion shall have been reduced to desired limits. The director may make 
rules or regulations governing the conduct of persons accompanying or 
assisting eligibles. Permission granted hereunder shall be evidenced by a 
permit in a form prescribed and issued by the director. 

137:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 138. 

AN ACT RELATIVE TO THE PLACE AND HOURS OF BUSINESS OF TAX COLLECTORS. 

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

138:1 Collector to be at Usual Place of Business One Day Each Month. 

Amend RSA 41:35 (supp) as amended by 1965, 27:1 and 1967, 111:1 by strik- 
ing out said section and inserting in place thereof 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 property sold for nonpayment of taxes, which books 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 final payment to the town treasurer of all moneys col- 
lected by him on or before December thirty-first or as soon as possible after 
that date. He shall submit his tax books and lists to the treasurer and se- 
lectmen for inspection and computation when requested so to do and if 
they discover any errors therein they shall immediately notify the town audi- 
tors thereof; and the auditors shall promptly examine the collector's rec- 
ords and make a written report to the selectmen and state tax commission 
of their findings, conclusions, and recommendations. The collector shall 
be at his usual place of business, or any other place, at least one day each 
month for at least two hours continuously for the transaction of tax busi- 
ness, which time and place shall be printed upon the tax bills sent out by 
the collector. He shall make a written report to the town at the end of each 
fiscal year which shall contain the amount of the 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; the total 
amount of uncollected taxes; and an account of all sales of real estate by 
him to collect taxes. Upon written request therefor the collector shall pro- 
vide the selectmen with an itemized list of the uncollected taxes at the end 
of the fiscal year. 



1969] Chapter 139 105 

138:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 139. 

AN ACT TO PERMIT EXPERIMENTATION AND PILOT PROGRAMS IN BILINGUAL 

EDUCATION. 

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

139:1 Bilingual Pilot Programs. Amend RSA 189:19 by inserting in 
line five after the word "administration" the following (provided, however, 
that experimental educational programs in the field of bilingual education 
shall be permitted under the provisions of this section with the approval 
of the state board of education) so that said section as amended shall read 
as follows: 189:19 English Required. In the instruction of children in all 
schools, including private schools, in reading, writing, spelling, arithmetic, 
grammar, geography, physiology, history, civil government, music, and 
drawing, the English language shall be used exclusively, both for the pur- 
poses of instruction therein and for purposes of general administration; 
provided, however, that experimental educational programs in the field of 
bilingual education shall be permitted under the provisions of this section 
with the approval of the state board of education. 

139:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 140. 

AN ACT RELATIVE TO INCREASING THE PER DIEM ALLOWANCE FOR MEMBERS OF 
THE BOARD OF PAROLE. 

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

140:1 Per Diem Increase. Amend RSA 607:31 by striking out in line 
seven the word "eight" and inserting in place thereof the words (twenty- 
five) so that the said section as amended shall read as follows: 607:31 State 
Board of Parole. The board of trustees of the state prison shall constitute 
the state board of parole. Said board shall have the legal custody of all 
prisoners released upon parole until they receive their discharge or are 
remanded to prison, and shall make such rules and regulations relative to 
the performance of the duties of the parole officers as in its judgment are 
advisable. Each member of the board of parole, except the ex-o£ficio mem- 



106 Chapter 141 [1969 

bers, shall be paid the sum of twenty-five dollars a day for such time as he 
is engaged in his duties as a member of said board. Said board shall keep 
a record of all its doings, and shall report thereon to the governor and 
council quarterly and oftener when by them required. 

140:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 13, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 141. 

AN ACT ALLOWING ALL PRISONERS TO BE ELIGIBLE FOR A REDUCTION IN THEIR 
MINIMUM SENTENCE FOR MERITORIOUS CONDUCT. 

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

141:1 Repeal. RSA 607:42, relative to an earlier release time for mer- 
itorious conduct, is hereby repealed. 

141:2 All Prisoners Eligible, Amend RSA 607:43 by striking out in 
lines two and three the words "and whose minimum sentence is two years 
or more" so that the said section as amended shall read as follows: 607:43 
Release, Two Thirds of Minimum. Any prisoner whose conduct while in 
prison has been meritorious may be paroled by the state board of parole 
when he has served two-thirds of his minimum sentence, provided it shall 
appear to said board to be a reasonable probability that he will remain at 
liberty without violating the law and will conduct himself as a good citizen. 

141:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 142. 

AN ACT ALLOWING THE REDUCTION OF A MAXIMUM SENTENCE WHILE ON PAROLE. 

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

142:1 Recognition for Good Conduct. Amend RSA 607 by inserting 
after section 44 the following new section: 607:44-a Reduction of Maxi- 
mum Sentence While on Parole. Any person who is on parole from the 
state prison on a permit under the provisions of this chapter may be granted 
a reduction of maximum term of his sentence equal to one third of the 
period of time during which the parolee is at liberty on said permit, pro- 
vided that said parolee is not recommitted to the state prison or has been 
cited as a parole violator, pursuant to the provisions of this chapter. The 



1969] Chapter 143 107 

parolee may be granted a discharge at the expiration of his maximum sen- 
tence less deductions provided for herein. 

142:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 143. 

AN ACT RELATIVE TO TIME SERVED BY A PRISONER UPON VIOLATION OF PAROLE. 

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

143:1 Effect of Recommitment. Amend RSA 607:48 by striking out 
said section and inserting in place thereof the following: 607:48 Effect. 
A prisoner so recommitted may, at any time before the exj^iration of the 
remainder of his maximum sentence be again paroled upon such conditions 
and terms as the parole board shall prescribe. If not so paroled a prisoner 
so recommitted shall serve the remainder of his maximum sentence. For 
purposes of this section, the maximum sentence may be reduced by sub- 
tracting therefrom a period of time equal to one third of the period of time 
prisoner was at liberty on permit, provided that the latter period equaled 
thirty days in duration. The time between the return of the parolee to 
prison after his arrest and revocation of the permit shall be considered as 
time served as a portion of the maximum sentence as computed hereunder. 

143:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 144. 

AN ACT ESTABLISHING THE STATE'S RIGHT TO THE AIR SPACE ABOVE AND BELOW 

CERTAIN HIGHWAYS. 

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

144:1 Air Rights Established. Amend RSA 249 by inserting after sec- 
tion 21 the following new section: 249:21-a Right to Air Space Above and 
Below Certain Highways. The state shall have exclusive rights, insofar as 
they do not conflict with any federal statute, to build into, lease or utilize 
for any public purpose the air space directly above or below the toll high- 
ways and the interstate system highways within this state. These rights to 
said air space shall extend upward or downward so far as is practical and 
reasonable for the purposes of the state and it shall be unlawful for any 
person or persons to violate said air space except as allowed by the state. 



108 Chapter 145 [1969 

The department of public works and highways shall be responsible for the 
administration and enforcement of this section. Nothing in this section 
shall be construed as prohibiting aircraft from flying through the air space 
above the herein mentioned highways. Notwithstanding the foregoing, pub- 
lic utilities shall have the right to erect lines through said air space in ac- 
cordance with RSA 254. 

144:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12, 1969.] 



CHAPTER 145. 

AN ACT TO PERMIT FREE PARKING FOR JURORS IN ATTENDANCE AT THE 
UNITED STATES DISTRICT COURT. 

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

145:1 Free Parking. Amend RSA 500:26-a as inserted by 1967, 386:1 
by striking out said section and inserting in place thereof the following: 
500:26-a Parking for Jurors. Every juror, while in attendance at superior 
court and every juror who may be called to attend the United States Dis- 
trict Court for the district of Ne^v Hampshire, while in attendance thereat, 
shall be allowed free parking in any city or town where such court is sitting. 
The clerks of the superior court shall, and the clerk of the United States 
District Court may, furnish to each juror an identification card for display 
through the windshield of the juror's car. At the cessation of court the 
juror shall return his identification card to the clerk of the court. The 
form, shape and color of said identification card and also the information 
to be contained thereon is to be approved by the director, division of motor 
vehicles. No juror shall use any area limited to twelve or fifteen minutes of 
parking. 

145:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 13, 1969.] 
[Effective date July 12,1969.] 



CHAPTER 146. 

AN ACT RELATIVE TO RESTRICTIONS ON ACQUISITION OF LANDS BY THE ST.ATE FOR 
FISH AND GAME PROPAGATION AND OTHER FISH AND GAME PURPOSES. 

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

146:1 Acquisition of Lands for Fish and Game Purposes. Amend RSA 
212:8 by striking out said section and inserting in place thereof the follow- 



1969] Chapter 147 109 

ing: 212:8 Reasonable Price. The director, with the approval of the gov- 
ernor and council, may pay a fair and reasonable price for waters, lands 
or rights therein with or without buildings, required for the establishment 
of fish hatcheries, game farms, game refuges, propagation of fish, game, and 
fur-bearing animals, for fishing or hunting. The director, subject to the 
approval of the governor and council, may expend for the purchase of land, 
waters or rights therein during any year only such total sum as may be 
appropriated therefor. The director shall make a report during the month 
of January in the years that the legislature is in session of all lands, waters, 
or rights therein so acquired since the last report to the senate president 
and the speaker of the house. 

146:2 Amend RSA 206:18 by inserting after said section the following 
new section: 206:18-a Exception. The provisions of section 18 shall not 
apply to the stocking of any species of fish, for which species there is no 
open season authorized at the time of stocking, and which species shall re- 
main continuously protected for at least one year thereafter. 

146:3 Amend RSA by inserting after RSA 9:17-a (supp) the following 
new section: 9:17-b Fish and Game Limitation. Notwithstanding the pro- 
visions of sections 16 and 17, no transfers shall be made into the appropri- 
ation for the fish and game department for land acquisition. 

146:4 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 22, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 147. 

AN ACT RELATIVE TO JUSTIFIABLE AND NON-COMMERCIAL PRIVATE DISSEMINATION 

OF OBSCENE MATTER. 

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

147:1 Justifiable and Non-commercial Dissemination. Amend RSA 
571-A:3 (b) (supp) as inserted by 1965, 146:1 by striking out said subpara- 
graph and inserting in place thereof the following: (b) non-commercial 
dissemination to personal associates of the accused who are not under 
eighteen years of age. 

147:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



110 Chapter 148 [1969 

CHAPTER 148. 

AN ACT RELATIVE TO TAKING SAND AND GRAVEL FROM THE BED OF A 
NAVIGABLE RIVER OR GREAT POND. 

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

148:1 Conveyance of Property Under Water. Amend RSA 4 by in- 
serting after section 40-d (supp) the following new section: 4:40-e Penalty. 
Any person, firm, or corporation who removes sand and gravel from the 
bed of any navigable water or great pond in violation of any provisions of 
section 40-a, 40-b, or 40-c of this chapter shall be subject to a fine not to 
exceed one thousand dollars. 

148:2 State General Fund. Amend RSA 4:40-d (supp) as inserted by 
1959, 113:2 by striking out said section and inserting in place thereof the 
following: 4:40-d Payments. Any payment received by the state as deter- 
mined by the governor and council under the provisions of section 40-a 
of this chapter for sand or gravel taken from the bed of a great pond or 
of any navigable river shall be paid over to the state treasurer and shall be 
available for general revenue of the state. 

148:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 149. 

AN ACT RELATIVE TO SALARIES OF HILLSBOROUGH COUNTY SHERIFF AND 
DEPUTY SHERIFFS. 

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

149:1 Hillsborough County Sheriff. Amend RSA 104:29, I (supp) as 
amended by 1967, 153:1, 201:3 and 312:1 by striking out said paragraph 
and inserting in place thereof the following: 

I. The annual salaries of the sheriffs of the below named counties 
shall be as follows: 

(a) In Merrimack, two thousand dollars. 

(b) In Coos, two thousand dollars. 

149:2 Sheriff's Salary. Amend RSA 104:29 (supp) by inserting after 
paragraph VIII the following new paragraph: 

IX. In Hillsborough the annual salary of the sheriff shall be fifteen 
thousand dollars. Said salary shall be payment in full for all his services 
to the county. The county shall provide him with suitable transportation 
as authorized by the county commissioners. He shall be allowed reasonable 
expenses incurred during the performance of his duties and such expenses 
shall be subject to the approval of the county commissioners. For the ser- 



1969] Chapter 149 111 

vice 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 di- 
rectly 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. 

149:3 Annual Salary of Chief Deputy Sheriff and Deputy Sheriffs; Ap- 
pointment of Special Deputy Sheriffs. Amend RSA 104 by inserting after 
section 3-c (supp) the following new section: 104:3-d Hillsborough County; 
Appointment of Chief Deputy Sheriff and Deputy Sheriffs on Salary; Special 
Deputy Sheriffs. 

I. The sheriff of Hillsborough county may appoint, if funds are ap- 
propriated: 

(a) a chief deputy sheriff, who shall be paid an annual salary of not 
less than nine thousand five hundred dollars and not more than eleven 
thousand dollars; 

(b) five deputy sheriffs, each of whom shall be paid an annual salary 
of not less than eight thousand five hundred dollars and not more than 
ten thousand dollars. 

II. For each year of service after January 1, 1969, the sheriff may, in 
his discretion, request from the county commissioners a salary increase for 
the chief deputy sheriff and the deputy sheriffs amounting to one fifth of the 
difference between the minimum and the maximum salaries as set forth in 
paragiaph I, but in no case shall the total salary exceed the maximum as 
herein established. 

III. In addition to the deputy sheriffs provided for in subparagraph 
I (b) the sheriff may appoint, in cases of necessity, special deputy sheriffs to 
exercise the same duties as deputy sheriffs. Said special deputy sheriffs shall 
be paid at a rate of twenty-five dollars per day. Said per diem salary shall 
be payment in full for their services to the county. 

IV. The chief deputy, all deputy sheriffs, and all special deputy 
sheriffs: 

(a) shall be provided by the county with suitable transportation as 
authorized by county commissioners; 

(b) shall be allowed reasonable expenses incuned during the perform- 
ance of their duties, and such expenses shall be subject to the approval of 
the county commissioners; 

(c) shall collect the usual fees allowed for the service of civil writs and 
other processes, and mileage charges, and they shall pay over to the county 
treasurer all such fees and charges at the end of each month; 

(d) shall report annually to the sheriff the number of civil writs and 
other processes served, and said report shall include the total amounts col- 
lected in fees and mileage charges which have been paid over to the treas- 
urer during the calendar year. 

V. The annual reports required by paragraph IV shall be incorporated 
into the sheriff's annual report to the county commissioners. 



112 Chapter 150 [1969 

149:4 Present Incumbents. The deputy sheriffs now in office on the 
effective date of this act shall be placed in the corresponding steps in the 
salary ranges herein established as their length of service justifies. 

149:5 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 22, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 150. 

AN ACT RELATIVE TO COMPLIANCE WITH THE CLASSIFICATION REQUIREMENTS 
IN THE PEMIGEWASSET RIVER WATERSHED. 

Whereas, certain surface waters of the Pemigewasset River watershed 
were classified as class D waters by the Laws of 1959, 243; and 

Whereas, a period of ten years from the effective date of said act was 
granted in order to allow for full compliance with the requirements of said 
enactment; and 

Whereas, the aforementioned classifications were modified to provide 
for class B waters in the 1967 session of the general court by the Laws of 
1967, 311; now therefore 

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

150:1 Compliance. It is hereby declared that full compliance with the 
classifications as inserted by the Laws of 1967, 311 shall be attained by all 
persons responsible for the discharge of sewage and/or industrial wastes 
into the surface waters of the Pemigewasset River watershed not later than 
September 1, 1969. 

150:2 Penalty. 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 
commission lawfully issued pursuant hereto, shall be fined not more than 
one thousand dollars for each day of such violation, failure, neglect, or 
refusal after the expiration of any time limit set by the commission. 

150:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 22, 1969.] 
[Effective date May 22, 1969.] 



CHAPTER 151. 

an act increasing the SALARIES OF THE HILLSBOROUGH COUNTY COMMISSIONERS. 

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

151:1 Salaries Increased. Amend RSA 28:28, VI (supp) as inserted by 
1969, 30:3 by striking out said paragraph and inserting in place thereof the 
following: VI. In Hillsborough, six thousand dollars. 



1969] Chapter 152 113 

151:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 22, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 152. 

AN ACT INCREASING THE SALARY OF THE BELKNAP COUNTY ATTORNEY. 

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

152:1 Salary Increased. Amend RSA 7:35, I (supp) as inserted by 1969, 
30:1 by striking out said paragraph and inserting in place thereof the fol- 
lowing: 1. In Belknap, five thousand dollars. 

152:2 Effective Date. This act shall take effect January 1, 1970. 
[Approved May 22, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 153. 

AN ACT INCREASING THE SALARY OF THE COOS COUNTY TREASURER. 

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

153:1 Salary Increased. Amend paragraph 29:14, IV (supp) as inserted 
by 1969, 30:2 by striking out said paragraph and inserting in place thereof 
the following: IV. In Coos, seven hundred and fifty dollars. 

153:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 154. 

AN ACT INCREASING THE SIZE OF CLAIMS SUBJECT TO THE JURISDICTION OF 
SMALL CLAIMS COURT. 

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

154:1 Amount of Small Claims. Amend RSA 503:1 (supp) as amended 
by 1957, 35:1 by striking out in line three the word "one" and inserting in 
place thereof the word (two) so that the section as amended shall read as 
follows: 503:1 Small Claim Defined. A small claim is any right of action 
not involving the title to real estate in which the debt or damages, exclu- 
sive of interest and costs, does not exceed two hundred dollars. 



114 Chapter 155 [1969 

154:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 

[Effective date July 21, 1969.] 



CHAPTER 155. 

AN ACT RELATIVE TO THE SUBMISSION OF PLATS TO PLANNING BOARDS. 

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

155:1 Language Clarified; Time Extension; Abutters to Be Notified. 

Amend RSA 36:23 (supp) as amended by 1963, 163:2, by striking out in line 
one after the word "shall" the word "consider" and inserting in place there- 
of the following (place on its agenda for consideration) by inserting in line 
three after the word "days" the following (provided, that the planning 
board may apply to the selectmen or city council for an extension not to 
exceed an additional ninety days before acting to approve or disapprove) 
and by striking out in lines seventeen, eighteen and nineteen the w^ords 
"person to whom notice of a hearing shall be sent; and no plat shall be 
acted on by the planning board without affording a hearing thereon. No- 
tice shall be sent to the said address by" and inserting in place thereof the 
following (applicant and all abutters to the land described in the plat. No 
plat shall be approved or disapproved by the planning board without af- 
fording a hearing thereon. All abutters shall be notified of said hearing 
by certified or registered mail. The applicant shall be notified of said hear- 
ing by certified or) so that said section as amended shall read as follows: 

36:23 Board's Procedure on Plats. The planning board shall place on 
its agenda for consideration any plat submitted to it within thirty days and 
shall act to approve or disapprove thereof within ninety days; provided, 
that the planning board may apply to the selectmen or city council for an 
extension not to exceed an additional ninety days before acting to approve 
or disapprove, otherwise such plat shall be deemed to have been approved, 
and the certificate of the municipalty, as to the date of submission of the 
plat for approval and the failure to take action thereon within such time, 
shall be issued on demand and shall be sufficient in lieu of the written in- 
dorsement or other evidence of approval herein required; provided, how- 
ever, that the applicant for the board's approval may waive this require- 
ment and consent to an extension of such period. The ordinance establishing 
the planning board or an ordinance amending such establishing ordinance 
shall specify the officer or employee of the municipality who shall issue in 
its behalf the certificate of failure on the part of the planning board to 
take action as aforesaid in this section. In case of disapproval of any plat 
submitted, the ground for such disapproval shall be adequately stated upon 
the records of the planning board. Any plat submitted to the planning 
board shall bear the name and address of the applicant and all abutters 
to the land described in the plat. No plat shall be approved or disapproved 
by the planning board without affording a hearing thereon. All abutters 



1969] Chapter 156 115 

shall be notified of said hearing by certified or registered mail. The appli- 
cant shall be notified of said hearing by certified or registered mail, with 
return of receipt requested, stating the time and place of such hearing, 
not less than five days before the date fixed therefor. 

155:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 156. 

AN ACT TO REPEAL PROVISIONS REGARDING SALE OF PRESSED HAY. 

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

156:1 Repeal. RSA 339:3 through 10, inclusive, relative to regulations 
for pressed hay offered for sale or shipped for exportation, are hereby re- 
pealed. 

156:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 157. 

AN ACT INCREASING THE SALARIES OF THE HILLSBOROUGH COUNTY ATTORNEY 
AND ASSISTANT COUNTY ATTORNEY. 

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

157:1 Salaries Increased. Amend RSA 7:35, VI (supp) as inserted by 
1969, 30:1 by striking out said paragraph and inserting in place thereof the 
following: VI. In Hillsborough, county attorney, nine thousand dollars. 
Assistant county attorney, forty-five hundred dollars. 

157:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved May 22, 1969.] 
[Effective date July 1, 1969.] 



116 Chapter 158 [1969 

CHAPTER 158. 

AN ACT RELATIVE TO THE BUREAU OF FAMILY CARE IN THE OFFICE OF THE 
DIRECTOR OF MENTAL HEALTH. 

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

158:1 Expenses Delineated. Amend RSA I26-A:41 (supp) as inserted 
by 1967, 430:1 by inserting in line two after the word "board" the word 
(and) and by striking out in line two the words "clothing and other related 
expenses" so that the said section as amended shall read as follows: 126-A:41 
Payments to Family Care Homes. Payments for room, board, and laundry 
shall be made at the rate of one hundred dollars per month directly to 
the family care "parents" for each patient in placement under this pro- 
gram. Payments hereunder are to be made monthly through the office of 
the director, division of mental health, from funds appropriated for this 
purpose. 

158:2 Repeal. RSA 126-A:43 (supp) as inserted by 1967, 430:1 relative 
to the size of the staff of the bureau of family care is hereby repealed. 

158:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 159. 

AN ACT RELATIVE TO HOSPITAL DIRECTIONAL SIGNS ON CERTAIN HIGHWAYS. 

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

159:1 Hospital Directional Signs. Amend RSA 229 by inserting after 
section 14 the following new section: 229:14-a Hospital Directional Signs. 

The commissioner is authorized and directed to erect on any class I, class 
II or interstate highway under his jurisdiction, reflective directional signs 
designating the route or exit to the nearest general hospital. Such signs 
shall be erected in those locations as the commissioner, after consultation 
with the local authorities, may determine to be in the best public interest, 
provided, the local authority gives adequate assurance to the commissioner 
that suitable hospital signs will be erected within the local jurisdiction at 
local expense as a continuation of the hospital directional signs erected 
hereunder. The cost for the signs and erection of such signs shall be a 
charge upon the highway fund. 

159:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



1969] Chapter 160 117 

CHAPTER 160. 

AN ACT RELATIVE TO THOMPSON SCHOOL OF APPLIED SCIENCE AT THE UNIVERSITY. 

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

160:1 Thompson School of Applied Science. Amend RSA 187:31 by 
striking out in lines three and four the words "Applied farming" and by 
inserting in place thereof the words (Thompson school of applied science) 
so that said section as amended shall read as follows: 187:31 Exceptions 
from Limitations. The limitation on out-of-state enrollment at the uni- 
versity as established in sections 29 and 30 hereof shall not apply to the 
following divisions of the university: Thompson school of applied science, 
summer school and graduate school, and students attending the university 
pursuant to reciprocal agreements and contracts with other educational 
institutions. 

160:2 Diplomas. Amend RSA 187:33 by striking out said' section and 
inserting in place thereof the following new section: 187:33 Diplomas. 
Those who successfully complete a two year program of instruction in the 
Thompson school of applied science shall receive an appropriate associate 
degree as authorized by the trustees. 

160:3 Repeal. RSA 187:34 relating to practical instruction in agricul- 
ture is hereby repealed. 

160:4 Repeal. RSA 187:35 establishing a department of horticulture 
is hereby repealed. 

160:5 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 161. 

AN ACT CLASSIFYING CERTAIN HIGHWAYS IN THE TOWNS OF ALBANY AND BARTLETT AS 

CLASS II HIGHWAYS. 

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

161:1 Highways Classified. The Forest Development Road, known as 
the Bear Notch Road, in the towns of Albany and Bartlett, extending from 
the Kancamagus highway, so called, in the town of Albany to the White 
Mountain National Forest boundary in the town of Bartlett, and the 0.55 
miles of class V highway in the town of Bartlett extending from the White 
Mountain National Forest boundary to Route U. S. 302, shall hereafter be 
classified as class II highways. 

161:2 Maintenance; Completed Portions. Upon the completion and 
surfacing to the satisfaction of the commissioner of public works and high- 



118 Chapter 162 [1969 

ways, the department of public works and highways shall assume the main- 
tenance of the completed portions. 

161:3 Maintenance; Uncompleted Portions. The department of pub- 
lic works and highways shall not maintain the uncompleted portions. 

161:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 

[Effective date July 21, 1969.] 



CHAPTER 162. 

AN ACT PROPOSING AND CLASSIFYING A CONNECTING ROAD FROM THE PELHAM ROAD 
INTERCHANGE ON INTERSTATE ROUTE 93 TO NEW HAMPSHIRE ROUTE 38. 

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

162:1 Proposed Class II Highway. A proposed Class II highway is 
hereby designated beginning at the end of the state section on Pelham road 
westerly of the interstate route 93 Pelham road interchange and running 
southwesterly, on new location, a distance of approximately one and two 
tenths miles to a junction with New Hampshire route 38 in the vicinity of 
Brady avenue. 

162:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969] 
[Effective date July 21, 1969.] 



CHAPTER 163. 

A ACT RELATIVE TO ACCIDENT AND HEALTH INSURANCE OF PHYSICALLY AND 
MENTALLY HANDICAPPED DEPENDENTS. 

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

163:1 Group or Blanket Policy Provisions. Amend RSA 415:18 by in- 
serting after paragraph IV the following new paragraph: V. The coverage 
of any dependent of any employee or member of the group insured by 
such policy, pursuant to paragraph IV, who is mentally or physically in- 
capable of earning his own living on the date as of which such dependent's 
status as a covered family member would otherwise expire because of age, 
shall continue under such policy while such policy remains in force or is 
replaced by another group or blanket policy as long as such incapacity 
continues and as long as said dependent remains chiefly financially de- 
pendent on the employee or member of the group or the employee or his 
estate is chargeable for the care of said dependent, provided that due proof 
of such incapacity is received by the insurer within thirty-one days of such 



1969] Chapter 163 119 

expiration date. If such coverage is continued in accordance with this para- 
graph, such dependent shall be entitled upon the termination of such in- 
capacity to a converted policy in accordance with and subject to the terms 
and conditions of the conversion privilege clause if such privilege is af- 
forded by the policy, provided that such dependent has not attained the 
limiting age, if any, for coverage of adults specified in the policy. 

163:2 Individual Policy Provisions. Amend RSA 415:5 (A) by insert- 
ing after subparagraph (3) the following new subparagraph: (3-a) the cov- 
erage of any family member insured by such policy, pursuant to subpara- 
graph 3, who is mentally or physically incapable of earning his own living 
on the date as of which such dependent's status as a covered family mem- 
ber would otherwise expire because of age, shall continue under such 
policy while such policy remains in force or is replaced by another policy 
as long as such incapacity continues and as long as said dependent remains 
chiefly financially dependent on the policyholder or the employee or his 
estate is chargeable for the care of said dependent, provided that due proof 
of such incapacity is received by the insurer within thirty-one days of such 
expiration date. If such coverage is continued in accordance with this sub- 
paragraph, such dependent shall be entitled upon the termination of such 
incapacity to a converted policy in accordance with and subject to the 
terms and conditions of the conversion privilege clause if such privilege 
is afforded by the policy, provided that such dependent has not attained 
the limiting age, if any, for coverage of adults specified in the policy. 

163:3 Hospital Service Corporations. Amend RSA 419:5 by inserting 
after paragraph (8) the following new paragraph: (9) A provision that the 
coverage of any dependent of a subscriber covered by the contract, who is 
mentally or physically incapable of earning his own living on the date as 
of which such dependent's status as a covered family member would other- 
wise expire because of age, shall continue under such contract while such 
contract remains in force or is replaced by another contract as long as such 
incapacity continues and as long as said dependent remains chiefly financial- 
ly dependent on the subscriber or the employee or his estate is chargeable 
for the care of said dependent, provided that due proof of such incapacity 
is received by the corporation within thirty-one days of such expiration 
date. If such coverage is continued in accordance with this paragraph, such 
dependent shall be entitled upon the termination of such incapacity to a 
converted contract in accordance with and subject to the terms and con- 
ditions of the conversion privilege clause, if such privilege is afforded by 
the contract provided that such dependent has not attained the limiting 
age, if any, for coverage of adults specified in the contract, 

163:4 Medical Service Corporation. Amend RSA 420:5 by inserting 
after paragraph (8) the following new paragraph: (9) A provision that the 
coverage of any dependent of a subscriber covered by the contract who is 
mentally or physically incapable of earning his own living on the date as 
of which such dependent's status as a covered family member would other- 
wise expire because of age, shall continue under such contract while such 
contract remains in force or is replaced by another contract as long as such 
incapacity continues and as long as said dependent remains chiefly finan- 
cially dependent on the subscriber or the employee or his estate is charge- 



120 Chapter 164 [1969 

able for the care of said dependent, provided that due proof of such in- 
capacity is received by the corporation within thirty-one days of such 
expiration date. If such coverage is continued in accordance with this para- 
graph, such dependent shall be entitled upon the termination of such in- 
capacity to a converted contract in accordance with and subject to the 
terms and conditions of the conversion privilege clause, if such privilege 
is afforded by the contract, provided that such dependent has not attained 
the limiting age, if any, for coverage of adults specified in the contract. 

163:5 Effective Date. This act shall take effect one hundred twenty 
days after its passage and shall apply only to all new contracts delivered or 
issued for delivery within this state thereafter. 
[Approved May 22, 1969.] 

[Effective date September 19, 1969 and shall apply only to all new contracts 
delivered or issued for delivery within this state thereafter.] 



CHAPTER 164. 

AN ACT RELATIVE TO ADULTERATED AND MISBRANDED FOODS, DRUGS, 
DEVICES AND COSMETICS. 

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

164:1 Drugs, Certain Acts Prohibited. Amend RSA 146:1 by inserting 
after paragraph IX the following new paragraphs: 

X. The failure of the manufacturer, packer, or distributor of a pre- 
scription drug distributed or offered for sale to maintain for transmittal, 
or to transmit, to any practitioner licensed by applicable law to administer 
such drug who makes written request for information as to such drug, true 
and correct copies of all printed matter which is required to be included in 
any package in which that drug is distributed or sold, or such other printed 
matter as is approved under the federal act. Nothing in this paragraph 
shall be construed to exempt any person from any labeling requirement 
imposed by or under other provisions of this chapter. 

XI. (1) Placing or causing to be placed upon any drug or device or 
container thereof, with intent to defraud, the trade name or other identi- 
fying mark, or imprint of another or any likeness of any of the foregoing; 
or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or 
disposed of or concealing or keeping in possession, control, or custody with 
intent to sell, dispense or dispose of, any drug, device or any container 
thereof, with knowledge that the trade name or other identifying mark 
or imprint of another or any likeness of any of the foregoing has been 
placed thereon in a manner prohibited by subparagraph (1) hereof; or 
(3) Making, selling, disposing of or causing to be made, sold or disposed 
of or keeping in possession, control or custody, or concealing, with intent 
to defraud, any punch, die, plate, or other thing designed to print, im- 
print, or reproduce that trade name or other identifying mark or imprint 
of another of any likeness of any of the foregoing upon any drug, device 
or container thereof. 



1969] Chapter 164 121 

XII. Dispensing or causing to be dispensed a different drug or brand 
of drug in place of the drug or brand of drug ordered or prescribed with- 
out the express permission in each case of the person ordering or prescrib- 
ing. 

164:2 Definitions. Amend RSA 146:2 VI, VII and VIII as amended by 
1961, 222:1 by striking out said paragraphs and inserting in place thereof 
the following: 

VI. If an article is alleged to be misbranded because the labeling is 
misleading, or if an advertisement is alleged to be false because it is mis- 
leading, when in determining whether the labeling or advertisement is 
misleading, there shall be taken into account (among other things) not 
only representations made or suggested by statement, word, design, device, 
sound, or in any combination thereof, but also the extent to which the 
labeling or advertisement fails to reveal facts material in the light of such 
representations or material with respect to consequences which may result 
from the use of the article to which the labeling or advertisement relates 
under the conditions of use prescribed in the labeling or advertisement 
thereof or under such conditions of use as are customary or usual. 

VII. The representation of a drug, in its labeling or advertisement, 
as an antiseptic shall be considered to be a representation that it is a 
germicide, except in the case of a drug purporting to be, or represented 
as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting 
powder, or such other use as involves prolonged contact with the body. 

VIII. The term "contaminated with filth" applies to any food, drug, 
device, or cosmetic not securely protected from dust, dirt, and as far as 
may be necessary by all reasonable means, from all foreign or injurious 
contaminations. 

164:3 Confectionery Adulterated. Amend RSA 146:3, IV as amended 
by 1961, 222:1 by inserting after the comma at the end of the third line 
the words ((harmless natural wax not in excess of four-tenths of 1 per cent) 
so that the said paragraph as amended shall read as follows: IV. If it is 
confectionery and it bears or contains any alcohol or non-nutritive article 
or substance except harmless coloring, harmless flavoring, harmless resinous 
glaze not in excess of four-tenths of 1 per cent, harmless natural wax not 
in excess of four-tenths of 1 per cent, harmless natural gum, and pectin; 
provided that this paragraph shall not apply to any confectionery by reason 
of its containing less than one-half of 1 per cent by volume of alcohol de- 
rived solely from the use of flavoring extracts, or to any chewing gum by 
reason of its containing harmless non-nutritive masticatory substances. 

164:4 Drugs, Manufacture and Packaging. Amend RSA 146:4 by add- 
ing after paragraph IV the following new paragraph: V. If it is a drug 
and the methods used in, or the facilities or controls used for, its manu- 
facture, processing, packing, or holding do not conform to or are not op- 
erated or administered in conformity with good manufacturing practice 
to assure that such drug meets the requirements of this chapter as to safety 
and has the identity and strength, and meets the quality and purity char- 
acteristics, which it purports or is represented to possess. 



122 Chapter 164 [1969 

164:5 Labeling of Foods, Imitations. Amend RSA 146:5, III by strik- 
ing out the same and inserting in place thereof the following: III. If it 
is an imitation of another food for which a definition and standard of 
identity has been prescribed by regulations as provided by section 11, or 
if it is an imitation of another food that is not subject to paragraph VII 
of this section, unless its label bears in type of uniform size and prominence, 
the word, imitation, and, immediately thereafter, the name of the food 
imitated. 

164:6 Labeling of Foods, Common Name. Amend RSA 146:5, IX as 
amended by 1961, 222:1 by striking out the same and inserting in place 
thereof the following: IX. If it is not subject to the provisions of para- 
graph VII of this section, unless it bears labeling clearly giving (1) the 
common or usual name of the food, if any there be, and (2) in case it is 
fabricated from two or more ingredients, the common or usual name of 
each such ingredient; except that spices, flavorings, and colorings, other 
than those sold as such may be designated as spices, flavorings, and color- 
ings, without naming each; provided that, to the extent that compliance 
with the requirements of clause (2) of this paragraph is impractical or re- 
sults in deception or unfair competition, exemptions shall be established 
by regulations promulgated by the director. 

164:7 Labeling of Drugs, Established Name. Amend RSA 146:6, V as 
amended by 1961, 222:1 by striking out the same and inserting in place 
thereof the following: V. (1) If it is a drug, unless its label bears, to the 
exclusion of any other non-proprietary name, except the applicable sys- 
tematic chemical name or the chemical formula, the established name (as 
defined in subparagraph (2)) of the drug, if such there be; and in case it 
is fabricated from two or more ingredients, the established name and quan- 
tity of each active ingredient, including the kind and quantity or propor- 
tion of any alcohol, and also including, whether active or not, the estab- 
lished name and quantity or proportions of any bromide, ether, chloroform, 
acetanilid, acetphenetidin, amidopyrine, antipyrine, hyposcine, hyoscya- 
mine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, 
strychinine, thyroid, or any derivative or preparation of any such substances, 
contained therein; provided that, the requirements for stating the quan- 
tity of the active ingredients, other than those specifically named in this 
paragraph, shall apply only to prescription drugs; provided further, that 
to the extent that compliance of this subparagraph is impracticable, ex- 
emption shall be allowed under regulations promulgated by the director, 
or under the federal act. (2) As used in this paragraph the term 'established 
name,' with respect to a drug or ingredient thereof, means the applicable 
official name designated pursuant to section 508 of the federal act, or if 
there is no such name and such drug, or such ingredient, is an article recog- 
nized in an official compendium, then the official title thereof in such com- 
pendium or then the common or usual name, if any, of such drug or of such 
ingredient. 

164:8 Labeling of Drugs, Habit Forming. Amend RSA 146:6, XI and 
XII by striking out said paragraphs and inserting in place thereof the 
following: 

XL (1) A drug intended for use by man which is a habit-forming drug 



1969] Chapter 164 123 

to which paragraph IV applies; or because of its toxicity or other poten- 
tiality for harmful effect, or the method of its use, or the collateral meas- 
ures necessary to its use, is not safe for use except under the supervision 
of a practitioner licensed by la^v to administer such drug; or is limited by 
an ajjproved application under section 505 of the federal act to use under 
the professional supervision of a practitioner licensed by law to administer 
such drug, shall be dispensed only upon a written prescription of a prac- 
titioner licensed by law to administer such drug, or upon an oral prescrip- 
tion of such practitioner which is reduced promptly to writing and filed 
by the pharmacist. The act of dispensing a drug contrary to the provisions 
of this paragraph shall be deemed to be an act which results in a drug 
being misbranded while held for sale. (2) Any drug dispensed by filling or 
refilling a ^vritten or oral prescription of a practitioner licensed by law 
to administer such drug shall be exempt from the requirements of RSA 
146:6 paragraphs I, IX, XIII, and XIV, and the packaging requirements of 
paragraphs VII and VIII, if the drug bears a label containing the name 
and address of the dispenser, the serial number and date of the prescrip- 
tion or of its filling, the name of the prescriber and, if stated in the pre- 
scription, the name of the patient, and the directions for use and the 
cautionary statements, if any, contained in such prescription. This exemp- 
tion shall not apply to any drug dispensed in the course of the conduct of 
business of dispensing of drugs pursuant to diagnosis by mail, or to a drug 
dispensed in violation of subparagraph (1) of this paragraph. 

XII. (1) A drug which is subject to paragraph XI (1) of this section 
shall be deemed to be misbranded if at any time prior to dispensing, its 
label fails to bear the statement "Caution: Federal Law Prohibits Dispens- 
ing Without Prescription", or "Caution: State Law Prohibits Dispensing 
Without Prescription." A drug to which paragraph XI (1) of this section 
does not apply shall be deemed to be misbranded if at any time prior to 
dispensing its label bears the caution statement quoted in the preceding 
sentence. (2) The director may, by regulation, remove drugs subject to 
section IV from the requirements of paragraph XI (1) of this section when 
such requirements are not necessary for the protection of the public health. 
Drugs removed from the prescription requirements of the federal act by 
regulations issued thereunder may also, by regulations issued by the di- 
rector, be removed from the requirements of paragraph XI (1). (3) Nothing 
in this section shall be construed to relieve any person from any require- 
ments prescribed by or under authority of RSA 318-A. 

164:9 Certified Drugs. Amend RSA 146:6 as amended by 1961, 222:1; 
1963, 193:6; and 1965, 78:1 by adding after paragraph XIII the following 
new paragraphs: 

XIV. If it is, or purports to be, or is represented as a drug composed 
wholly or partly of insulin, unless it is a batch with respect to which a 
certificate or release has been issued pursuant to section 506 of the federal 
act, and such certificate or release is in effect with respect to such drug. 

XV. If it is, or purports to be, or is represented as a drug composed 
wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, 
chloramphenicol, or bacitracin, or any other antibiotic drug, or any deriva- 
tive thereof, unless it is from a batch with respect to which a certificate or 



124 Chapter 165 [1969 

release has been issued pursuant to section 507 of the federal act, and such 
certificate or release is in effect with respect to such drug: Provided, that 
this paragraph shall not apply to any drug or class of drugs exempted by 
regulations promulgated under section 507 (c) or (d) of the federal act. For 
the purpose of this subsection the term "antibiotic drug" means any drug 
intended for use by man containing any quantity of any chemical sub- 
stance which is produced by a microorganism and which has the capacity 
to inhibit or destroy microorganisms in dilute solution (including the 
chemically synthesized equivalent of any such substance). 

164:10 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 

[Effective date July 21, 1969.] 



CHAPTER 165, 

AN ACT RELATFVE TO ESTABLISHMENT AND VALIDATION OF ADULT EDUCATION 
AND RELATED COURSE INSTRUCTION PROGRAMS. 

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

165:1 Adult Education and Related Course Instruction Program. 

Amend RSA 188-A as inserted by 1961, 267:1 by inserting after section 13 
(supp) the following new section: 188-A: 13-a Adult Education and Work 
Related Course Programs. The state board of education is hereby author- 
ized and directed where funds are available or may be acquired, to plan, 
establish and implement adult education and work or apprentice related 
programs in order to make available throughout the entire state courses of 
instruction designed to prepare appropriate individuals without regard 
to race, color, creed or national origin for service to business, trade or in- 
dustry or to supplement on-the-job training made available to said indivi- 
duals under apprenticeship training or development programs. 

165:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 166. 

AN ACT RELATIVE TO SCHOOL DRIVER TRAINING PROGRAMS. 

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

166:1 Driver Training Programs. Amend RSA 239-B (supp) by insert- 
ing after section 6 the following new section: 239-B:6-a School Districts. A 



1969] Chapter 167 125 

school district providing comprehensive driver training programs in ac- 
cordance ^\ith the federal statutory provisions assented to in and under 
section 2 of this chapter shall be eligible for reimbursement of federal 
funds apportioned to this state for such programs. A school district shall 
mean a town school district, a special school district, an incorporated school 
district operating Avithin a city, a city operating a dependent school de- 
partment, a cooperative school district, and an authorized regional enroll- 
ment (AREA) school. 

166:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 22, 1969.] 
[Effective date July 21, 1969.] 



CHAPTER 167. 

AN ACT CONSTITUTING THE LINCOLN DISTRICT COURT. 

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

167:1 Plymouth District. Amend RSA 502-A:l, XXXIII as inserted by 
1963, 331:1 and amended by 1965, 327:8 by striking out in line three the 
word "Lincoln", by striking out in line four the words "Alexandria and 
Woodstock" and inserting in place thereof the following (and Alexandria) 
and by striking out in lines four and five the words "and the unincorporated 
place of Livermore." so that said section as amended shall read as follows: 
XXXIII. Plymouth District. The Plymouth district shall consist of the 
towns of Plymouth, Bristol, Dorchester, Groton, Wentworth, Rumney, Ells- 
worth, Thornton, Campton, Waterville, Ashland, Hebron, Holderness, 
Bridgewater and Alexandria. The municipal court for the town of Ply- 
mouth is hereby constituted the district court in and for said district and 
shall be located in said Plymouth, holding sessions regularly therein and 
elsewhere in said district as justice may require. The name of said court 
shall be Plymouth District Court. 

167:2 Court Constituted. Amend RSA 502-A:l by inserting after para- 
graph XXXIII the following new paragraph: XXXIIIa. Lincoln District. 
The Lincoln district shall consist of the towns of Lincoln and "Woodstock, 
and the unincorporated place of Livermore. The municipal court for the 
town of Lincoln is hereby constituted the district court in and for said 
district and shall be located in said Lincoln, holding sessions therein and 
elsewhere in said district as justice may require. The name of said court 
shall be Lincoln District Court. 

167:3 Applicability. The term of office of the persons serving as jus- 
tices and special justices and clerks of Woodstock municipal court shall 
continue, but upon the occurrence of any vacancy in the office of the jus- 
tice of said court such office shall not be filled and the municipal court in 
said town shall thereafter be abolished and exclusive jurisdiction shall 
thereafter vest in the Lincoln District Court, and the term of office of the 



126 Chapter 168 [1969 

present justices and special justices of the Lincoln municipal court hereby 
constituted and established as the Lincoln District Court shall not be affect- 
ed hereby and they shall continue in office as justices or special justices of 
the Lincoln District Court. 

167:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



CHAPTER 168. 

AN ACT RELATIVE TO COORDINATING APPRENTICESHIP PROGRAMS AND AGREEMENTS 

WITH RELATED COURSES OF INSTRUCTION ESTABLISHED BY THE 

STATE BOARD OF EDUCATION. 

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

168:1 Coordination of Apprenticeship Programs and Agreements. 

Amend RSA 278:3 as amended by 1965, 66:1 by striking out in lines two 
and three of the introductory paragraph the words "may establish addi- 
tional standards for apprenticeship agreements;" and inserting in place 
thereof the following (shall, in cooperation with the state departments of 
education and labor, establish, maintain, and approve consistent standards 
for on-the-job training programs to be coordinated with related course in- 
struction and included in apprenticeship programs and agreements estab- 
lished in trade or industry by employee organizations, joint employee-em- 
ployer committees, employers or employer groups) so that said introductory 
paragraph as amended shall read as follows: The council shall meet quar- 
terly and as often as may be necessary; may adopt rules and regulations; 
shall, in cooperation with the state departments of education and labor, 
establish, maintain, and approve consistent standards for on-the-job train- 
ing programs to be coordinated with related course instruction and included 
in apprenticeship progiams and agreements established in trade or industry 
by employee organizations, joint employee-employer committees, employers 
or employer groups; and may request the services of any state or federal 
agency or department which may be of assistance in carrying out the pur- 
poses of this chapter. In addition to the foregoing, the council shall: 

168:2 Registration of Apprenticeship Programs and Agreements. Amend 
RSA 278:3 (d) by striking out said subparagraph and inserting in place 
thereof the following: (d) register apprenticeship programs and agreements 
which provide equal opportunity for training and employment without 
regard to race, color, creed or national origin and which incorporate stan- 
dards consistent with those already established and approved by the council, 
or terminate or cancel the registration of apprenticeship programs and 
agreements when said programs or agreements fail to meet or maintain said 
registration qualifications. 



1969] Chapter 169 127 

168:3 EfiFective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



CHAPTER 169. 

AN ACT TO PROVIDE FOR ENFORCEMENT OF THE HISTORIC DISTRICT ACT IN MUNICI- 
PALITIES WHERE THERE ARE NO ZONING ORDINANCES. 

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

169:1 Historic Districts. Amend RSA 31 by inserting after section 89-j 
(supp) the following new sections: 

31:89-k Enforcement by Historic District Commission. In municipali- 
ties which have established one or more historic districts pursuant to this 
subdivision, but which have no local zoning ordinances, the historic district 
commission shall have within the bounds of the historic district all the au- 
thority, powers and duties prescribed in this chapter for planning boards 
and zoning commissions insofar as such authority, powers and duties are 
within the intent of this subdivision. 

31:89-1 Remedies for Violations. In case of violation of any ordinance 
or regulation made under the authority conferred by this subdivision, the 
historic district commission, in addition to other remedies, may institute 
any appropriate action or proceedings to prevent, restrain, correct or abate 
such violation, 

169:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



CHAPTER 170. 

AN ACT INCREASING THE SALARY OF THE CHESHIRE COUNTY ATTORNEY. 

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

170:1 Salary Increased. Amend RSA 7:35, III (supp) as inserted by 
1969, 30:1 by striking out said paragraph and inserting in place thereof the 
following: III. In Cheshire, seventy-five hundred dollars. 

170:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



128 Chapter 171 [1969 

CHAPTER 171. 

AN ACT RELATIVE TO TAX ANTICIPATION NOTES. 

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

171:1 Cities and Towns. Amend RSA 33:7, I (supp) as amended by 
1957, 95:1 by striking out in line twelve the words "fifteen per cent" and 
inserting in place thereof the following (thirty per cent) so that said para- 
graph as amended shall read as follows: I. Cities and Towns. Cities and 
towns may incur debt in anticipation of the taxes of the financial year in 
which the debt is incurred, in order to pay current maintenance and opera- 
tion expenses, and may issue notes therefor to an aggregate principal 
amount not exceeding the total tax levy during the preceding financial 
year, provided that after the tax levy of the current year has been deter- 
mined any city or town may borrow an amount not exceeding in the ag- 
gregate the total tax levy of the city or town for the current financial year. 
In order to meet necessary expenses which may arise during the period 
from the beginning of the financial year to the date of the annual town 
meeting, the treasurer of any town, with the approval of the selectmen, 
may issue notes, without a vote of the town therefor, to an aggregate prin- 
cipal amount not exceeding thirty per cent of the total receipts from taxes 
during the preceding financial year. 

171:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



CHAPTER 172. 

AN ACT RELATING TO ISSUANCE OF TEMPORARY NOTES IN ANTICIPATION 
OF MUNICIPAL BOND ISSUES. 

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

172:1 Temporary Notes. Amend RSA 33:7-a (supp) as inserted by 
1957, 89:1 and amended by 1963, 151:2 and 1965, 322:1 by striking out said 
section and inserting in place thereof the following: 33:7-a Temporary 
Loans. If a municipality votes to issue bonds or serial notes in accordance 
with this chapter, or when bonds have been authorized by a county con- 
vention, and in the opinion of the tax commission, evidenced by a certifi- 
cate signed by a member thereof, such action was in accordance with the 
provisions of law in all respects, the officers authorized to issue the same 
may, in the name of the municipality, or county, make a temporary loan 
or loans in anticipation of the money to be derived from the sale of such 
bonds or notes and may issue temporary notes therefor from time to time 
which are payable not later than one year from their respective dates of 
issue. Temporary notes issued for a period of less than one year may be 
renewed or paid from time to time by the issue of other notes, provided 



1969] Chapter 173 129 

that the period from the date of an original note to the maturity of any 
note issued to renew or pay the same debt shall not exceed one year. When 
a temporary loan is made in anticipation of an issue of bonds or serial 
notes, the times within which payments of an equivalent amount of the 
principal of such bonds or serial notes must commence and end pursuant 
to this chapter shall be measured from the date of the original note or notes 
representing such temporary loan. 

172:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 24, 1969.] 
[Effective date May 24, 1969.] 



CHAPTER 173. 

AN ACT RELATIVE TO RECOUNTS OF REFERENDUM VOTES ON AMENDING THE 

CONSTITUTION. 

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

173:1 Recount Upon Request. Amend RSA 59:101 by striking out said 
section and inserting in place thereof the following: 59:101 Referendum 
Elections; Constitutional Amendments. The governor and council shall, 
upon petition of not less than one hundred voters which is presented to 
them within twenty-five days of the date of election, order the secretary 
of state to recount the ballots cast on any question amending the constitu- 
tion if the proposal was adopted or failed adoption by no more than one 
per cent of the total vote cast. The recount shall take place at the state 
house at such time as the secretary of state may appoint and under such 
rules of procedure as he shall determine. The secretary of state shall pub- 
lish a notice of the time and place of the recount twice in a newspaper of 
general circulation throughout the state. If a petition requesting a recount 
is presented to the governor and council as provided herein, all ballots shall 
remain in the custody of the respective town and city clerks, under seal, 
until called for by the secretary of state for the purpose of recounting the 
ballots. 

173:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 24, 1969.] 
[Effective date July 23, 1969.] 



130 Chapter 174 [1969 

CHAPTER 174. 

AN ACT RELATIVE TO TERMS OF SUPERIOR COURT FOR HILLSBOROUGH COUNTY. 

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

174:1 Terms of Hillsborough Superior Court. Amend RSA 496:1 as 
amended by 1965, 41:1; 1967, 59:1; and 1969, 100:1 by striking out the same 
and inserting in place thereof the following: 496:1 Time; Place. 

I. Terms of the superior court shall be holden annually, at the follow- 
ing places in the following counties: 

(a) For the county of Belknap: At Laconia. 

(b) For the county of Carroll: At Ossipee. 

(c) For the county of Cheshire: At Keene. 

(d) For the county of Coos: At Lancaster and Berlin. 

(e) For the county of Grafton: At Woodsville in the Town of Haver- 
hill and at Lebanon until such time as a new court house is constructed in 
Haverhill. 

(f) For the county of Hillsborough: At Manchester. Court facilities 
shall be maintained at Nashua. During each term, sessions shall be held at 
Nashua for the hearing of nonjury cases and motions. 

(g) For the county of Merrimack: At Concord, 
(h) For the county of Rockingham: At Exeter, 
(i) For the county of Strafford: At Dover. 

(j) For the county of Sullivan: At Newport. 

II. The times for holding the terms of court at the places designated 
in each county shall be established by rule of the superior court, which shall 
provide for the holding of not less than two terms annually in each county. 

174:2 Service of Writs. Amend RSA 510:1 as amended by 1955, 63:1 
by striking out in line six the words "at Nashua" and inserting in place 
thereof the words (at Manchester) so that said section as amended shall 
read as follows: 510:1 Time, Where Returnable. All original writs and 
writs of mesne process shall be served fovuteen days before the return day 
to which they are returnable, and shall be returnable to the superior court 
for Rockingham County at Exeter; Strafford County at Dover; Belknap 
County at Laconia; Carroll County at Ossipee; Merrimack County at Con- 
cord; Hillsborough County at Manchester; Cheshire County at Keene, 
Sullivan County at Newport; Grafton County at Woodsville in the town 
of Haverhill; and Coos County at Lancaster. 

174:3 Effective Date. This act shall take effect September 2, 1969. 
[Approved May 24, 1969.] 
[Effective date September 2, 1969.] 



1969] Chapter 175 131 

CHAPTER 175. 

AN ACT CORRECTING CERTAIN ERRORS IN THE HOUSING STANDARDS LAW AND 
ELIMINATING A DEADLINE FOR THE HOLDING OF A HEARING. 

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

175:1 Housing Standards. Amend RSA 48-A:3 (supp) as inserted by 
1959, 293:1 and amended by 1965, 341:2 by inserting after paragraph I the 
following new paragraphs: 

II. That whenever a petition is filed with the public agency by at least 
ten residents of the municipality charging that any dwelling is unfit for 
human habitation or whenever it appears to the pul^lic agency by inspec- 
tion that any dwelling is unfit for human habitation, it shall, if preliminary 
investigation discloses a basis for such charges, issue and cause to be served 
upon the owner, every mortgagee of record and all parties in interest in 
such dwelling (including persons in possession) a complaint stating the 
charges in that respect. If the person to be served resides outside the state, 
service may be made upon him by registered mail; and if there are any 
unascertained persons having an interest in said dwelling, notice may be 
given them by publication in a newspaper having general circulation in 
the municipality, such publication to be at least ten days before the date 
set for the hearing. Such complaint shall contain a notice that a hearing 
will be held before the public agency at a place therein fixed not less than 
ten days nor more than thirty days after the serving of said complaint; that 
the owner, mortgagee and parties in interest shall be given the right to file 
an answer to the complaint and to appear in person, or otherwise, and give 
testimony at the place and time fixed in the complaint; and that the rules 
of evidence prevailing in courts of law or equity shall not be controlling 
in hearings before such public agency. 

III. That if, after such notice and hearing, the public agency deter- 
mines according to the standards of the ordinance, code or by-law that the 
d^velling under consideration is unfit for human habitation it shall state 
in writing its findings of fact in support of such determination and shall 
issue and cause to be served upon the owner thereof an order which, if the 
repair, alteration or improvement of the said dwelling can be made at a 
reasonable cost in relation to the value of the dwelling and the ability of 
the owner to assume such cost, recjuires the o^vner, within the time specified 
in the order, to repair, alter, or improve such dwelling to render it fit for 
human habitation or to vacate and close the dwellingr as a human habita- 
tion; or if the repair, alteration or improvement of the said dwelling can- 
not be made at a reasonable cost in relation to the value of the dwelling 
and the ability of the owner to assume such cost, requires the owner, with- 
in the time specified in the order, to remove or demolish such dwelling. 

IV. If an owner is aggrieved by an order of the public agency made 
pursuant to paragraph III hereof, he may appeal to the city council or 
mayor and board of aldermen in the case of cities, or to the board of select- 
men in the case of towns. Said city council or mayor and board of alder- 
men or board of selectmen shall hold a public hearing upon said appeal, 
due notice of said hearing having first been given to the public agency 



132 Chapter 176 [1969 

and to the owner. The city council or mayor and board of aldermen or 
board of selectmen may affirm or revoke the order of the public agency, or 
they may modify the same in accordance with their findings. If they shall 
affirm or modify such order, the public agency shall proceed to enforce 
said order as affirmed or so modified, in the manner prescribed in section 
4. If the city council or mayor and board of aldermen or board of selectmen 
shall revoke said order, the proceedings shall be terminated. 

175:2 Saving Clause. Notwithstanding the provisions of 1965, 341:2 
any proper proceedings taken in accordance with paragraphs II, III and IV 
of RSA 48-A:3 during the period from August 7, 1965 to the effective date 
of this act shall be deemed to be lawful and such proceedings are hereby 
legalized, ratified and approved. 

175:3 Deadline Eliminated. Amend RSA 48-A:4 (supp) as inserted by 
1959, 293:1 by striking out in lines sixteen and seventeen the words "such 
date to be not later than fifteen days after the filing of said petition" so 
that said section as amended shall read as follows: 48-A:4 Procedure for 
Enforcement. If the owner fails to comply with an order, made pursuant 
to the provisions of section 3 hereof, to repair, alter, improve or to vacate 
and close the dwelling, or to remove or demolish the dwelling, the public 
agency may file a petition in the superior court in which it shall set forth 
the charges issued pursuant to paragraph II of said section 3, as well as any 
other allegations bearing upon the unfitness of the dwelling for human 
habitation. The court shall thereupon direct notice to be given all parties 
having an interest in said dwelling, including mortgagees and persons in 
possession thereof. Such notice shall be given, where practicable, by per- 
sonal service, except that if the person to be served resides outside the state, 
service may be made upon him by registered mail; and if there are any 
unascertained persons having an interest in said dwelling, notice may be 
given them by publication of the petition in a newspaper having general 
circulation in the municipality, such publication to be at least ten days 
before the date set for the hearing. The court shall set a date for hearing 
such charges and additional allegations. Upon hearing, the matter shall be 
treated as de novo, and the court shall hear such pertinent evidence con- 
cerning the fitness of the dwelling for human habitation as may be relevant. 

175:4 Effective Date. This act shall take effect upon its passage. 
[Approved May 28, 1969.] 
[Effective date May 28, 1969.] 



CHAPTER 176. 

AN ACT RELATIVE TO MOTOR VEHICLE LIABILITY INSURANCE POLICIES HELD BY 

ELDERLY PERSONS. 

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

176:1 Liability Insurance. Amend RSA 412 by inserting after section 
18 the following new sections: 

412:18-a Cancellation Because of Age; Prohibited. No insurance com- 



1969] Chapter 177 133 

pany authorized to transact business in this state, which insures against loss 
by reason of the liability to pay damages to others for damage to property 
or bodily injury including death, arising from the operation, maintenance, 
or use of motor vehicles within this state, shall cancel, reduce liability lim- 
its, refuse to renew or increase the premium of any such motor vehicle 
policy for the sole reason that the person to whom such policy has been 
issued has reached a certain age. 

4I2:18-b Exception. The provisions of section 18-a shall not apply to: 

I. Youthful classified drivers. 

II. An increase or decrease of the premiums for such policies for any 
particular age. group if a statewide classification system approved by the 
insurance commissioner is adopted for such drivers. 

176:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



CHAPTER 177. 

AN ACT TO PROHIBIT THE CONSTRUCTION OR CONVERSION OF STRUCTURES BUILT 
OVER THE WATERS OF THE STATE FOR THE PURPOSE OF DWELLING THEREIN. 

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

177:1 Construction or Conversion Prohibited. Amend RSA by insert- 
ing after chapter 488-A the following new chapter: 

Chapter 488-B 
Restrictions on Use of Stiaictures Built Over the Waters of the State 
488-B: 1 Residential Use Prohibited. 

I. No person shall construct or reconstruct any structure intended for 
use as a dwelling if said structure or any part thereof extends beyond the 
shoreline of any public water or public owned water body. For the purposes 
of this paragraph, "the shoreline" shall be that shoreline which exists when 
the surface of the water is at the mean high water level. 

II. No person shall convert or modify any existing structure in order 
to make said structure suitable as a dwelling if said structure or any part 
thereof extends beyond the shoreline of any public water or public owned 
water body. For the purposes of this paragraph, "the shoreline" shall be 
that shoreline which exists when the surface of the water is at the mean high 
water level. 

488-B:2 Penalty. Any person who violates any provision of section I 
shall be required to remove the structure or portion thereof constructed, 
reconstructed, converted or modified in violation of said section, and shall 
be punished by a fine of not more than one thousand dollars. Said fine 
shall accrue to the use of the town or city in which the structure is located. 



134 Chapter 178 [1969 

177:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 28, 1969.] 
[Effective date May 28, 1969.] 



CHAPTER 178. 

AN ACT PROVIDING FOR THE CLASSIFICATION OF LAKE SUNAPEE. 

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

178:1 Classification. On and after the effective date of this act the sur- 
face waters of Lake Sunapee shall be classified in accordance with the provi- 
sions of RSA 149, as amended, as Class A. waters. 

178:2 Effective Date. This act shall take effect January 1, 1972. 
[Approved May 28, 1969.] 
[Effective date January 1, 1972.] 



CHAPTER 179. 

AN ACT DEFINING THE METHOD OF APPORTIONING COSTS FOR THE RELOCATION OF 
HIGHWAYS CAUSED BY SMALL-WATERSHED PROJECTS. 

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

179:1 Approval by the General Court. Amend RSA 481:28 as inserted 
by 1967, 439:1 by adding in line ten at the end of the section the following 
(Provided however, that all expenditures from the highway fund required 
as hereinbefore provided shall be approved by the general court as a special 
appropriation in the budget of the department of public works and high- 
ways) so that the said section as amended shall read as follows: 481:28 Re- 
placement of Highways. If it becomes necessary to change the elevation 
of or to relocate a highway in the primary or secondary state highway sys- 
tem because of the construction of a dam or the impounding of water by 
a dam under a small-watershed project the cost of the change of elevation 
or the relocation of the highway to be paid by the sponsoring agency is 
the cost that would be in excess of the estimated normal replacement of 
that highway, as estimated by the commissioner of public works and high- 
ways. The department of pulDlic works and highways shall pay the costs of 
the change in an amount equal to the estimated cost of the normal replace- 
ment of the highway. Provided however, that all expenditures from the 
highway fund required as hereinbefore provided shall be approved by the 
general court as a special appropriation in the budget of the department of 
public works and highways. 

179:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



1969] Chapter 180 135 

CHAPTER 180. 

AN ACT RELATIVE TO THE KANCAMAGUS HIGHWAY. 

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

180:1 Kancamagus Highway. The commissioner of the department 
of public works and highways is authorized to provide winter maintenance 
on the Kancamagus Highway in the towns of Lincoln, Livermore, Water- 
ville, Albany and Conway. The commissioner is further authorized to close 
said highway during the hours of darkness and whenever weather condi- 
tions are such that in his judgment the safety of the public could be en- 
dangered. The commissioner is further authorized to close said highway 
during any period w'hen the use of the highway could result in damages 
to the facility. The commissioner may post appropriate notices covering the 
use of this highway and may establish gates or other devices to prohibit 
the use of the highway during specified periods. 

180:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



CHAPTER 181. 

AN ACT ENABLING ALL COUNTY COMMISSIONERS TO EMPLOY CLERKS AND AGENTS. 

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

181:1 County Commissioners. Amend RSA 28:10 by striking out in 
lines one and two the word "Hillsborough" and inserting in place thereof 
the word (each) so that said section as amended shall read as follows: 28:10 
Employees, Counties. The commissioners of each county shall employ such 
number of clerks and agents as said commissioners deem necessary. 

181:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



CHAPTER 182. 

AN ACT RELATING TO SCHOOL DISTRICT MEETINGS. 

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

182:1 Justice of Superior Court. Amend RSA 197:5 by striking out in 
line two the words "justice of the peace" and inserting in place thereof the 
following (justice of superior court) so that said section as amended shall 
read as follows: 197:5 Warning. They shall be warned by the school board. 



136 Chapter 183 [1969 

or, in cases authorized by law, by a justice of superior court, by a warrant 
addressed to the inhabitants of the district qualified to vote in district af- 
fairs, stating the time and place of the meeting and the subject matter of 
the business to be acted upon. In all districts which have not adopted the 
provisions of this title providing for medical inspection in schools the war- 
rant shall contain an article relating thereto. 

182:2 Neglect or Refusal to Call Meeting. Amend RSA 197:9 by strik- 
ing out said section and inserting in place thereof the following: 197:9 By 
a Justice of Superior Court. If the school board unreasonably neglect or 
refuse to warn an annual meeting, or to call a special meeting after a suffi- 
cient application therefor is made to them, a justice of superior court, upon 
petition of ten or more voters, or one-sixth of the voters of the district, may 
issue such warrant and cause it to be posted, and, if for a special meeting, 
to be published as required by law. The members of the school board shall 
be made parties defendant to such petition. 

182:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 28, 1969.] 
[Effective date May 28, 1969.] 



CHAPTER 183. 

AN ACT RELATIVE TO APPEALS FROM DECISIONS BY SELECTMEN REFUSING TO GRANT 
A VETERANS PROPERTY TAX EXEMPTION. 

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

183:1 False Statements. Amend RSA 72:34 by striking out said section 
and inserting in place thereof the following: 72:34 — Investigation of Ap- 
plication. On receipt of an application provided for in section 33, the select- 
men or assessors shall examine the same with reference to the right of 
exemption, the ownership of the property listed, and, if necessary, the en- 
cumbrances reported; and if they are satisfied that the applicant has not 
wilfully made any false statement in such application for the purpose of 
obtaining the exemption, they may grant the applicant an exemption. 

183:2 Right of Appeal. Amend RSA 72 by inserting after section 34, 
as amended by this act, the following new section: 72:34-a Appeal From 
Refusal to Grant Exemption. Whenever the selectmen or assessors refuse 
to grant an applicant an exemption to which he may be entitled under the 
provisions of section 28, 29-a, 30, 31, 32, 25, 36-a or 37, said applicant may 
appeal in writing within six months of receipt of the tax bill to the state 
tax commission which may order an exemption, or an abatement if a tax 
has been assessed. 

183:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



1969] Chapter 184 137 

CHAPTER 184. 

AN ACT COMMITTING FOR OBSERVATION A PERSON INDICTED OR BOUND OVER. 

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

184:1 Bind Over. Amend RSA 135:17 (supp) as amended by 1961, 
222:1; 1963, 39:2 and 1967, 132:4 by striking out in line two the words "com- 
mitted to jail on any criminal charge" and inserting in place thereof the 
words (bound over by any district or municipal court) so that the said sec- 
tion as amended shall read as follows: 135:17 Commitment for Observation. 
When a person is indicted for any offense, or is bound over by any district 
or municipal court to await the action of the grand jury, the superior court 
before which he is to be tried, if a plea of insanity is made in court, or said 
court is notified by either party that there is a question as to the sanity of 
the respondent, may order such person into the care and custody of the 
superintendent of the New Hampshire Hospital, to be detained and ob- 
served by him until further order of the court, or until such person shall 
have been ordered discharged from the hospital by the director of the divi- 
sion of mental health upon a report to him by the superintendent that such 
person is not insane. 

184:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



CHAPTER 185. 

AN ACT RELATIVE TO THE SALE OF SUBDIVIDED LAND IN ZONED AREAS. 

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

185:1 Subdivision of Land. Amend RSA 36:27 (supp) as amended by 
1963, 163:3 by striking out said section and inserting in place thereof the fol- 
lowing: 36:27 Penalties for Transferring Lots in Unapproved Subdivisions. 

Any owner, or agent of the owner, of any land located within a subdivision, 
who transfers or sells any land, before a plat of the said subdivision has 
been approved by the planning board and recorded or filed in the office of 
the appropriate register of deeds shall forfeit and pay a penalty of one hun- 
dred dollars for each lot or parcel so transferred or sold; and the transfer 
or sale of any land within a subdivision, before said subdivision has been 
approved by the planning board, shall be null and void; and the descrip- 
tion by metes and bounds in the instrument of transfer or other document 
used in the process of selling or transferring shall not exempt the transac- 
tion from such penalties. Said municipality, through its solicitor or other 
official designated by its council, may enjoin such transfer or sale or agree- 
ment and may recover the said penalty by civil action. 



138 Chapter 186 [1969 

185:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved May 28, 1969.] 
[Effective date July 27, 1969.] 



CHAPTER 186. 

AN ACT MAKING APPROPRIATION FOR THE LEGISLATIVE OBSERVANCE OF THE 
SESQUICENTENNIAL OF THE OPENING OF THE STATE HOUSE. 

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

186:1 Appropriation. There is hereby appropriated ten thousand dol- 
lars, which shall be a charge against the legislative appropriation, to be 
expended by the committee appointed for the legislative observance of the 
sesquicentennial of the opening of the state house, with the approval of 
the chairman of the joint rules committee, for any of the purposes of such 
an observance including but not being limited to the part-time employ- 
ment of Leon Anderson to assist and work with said committee. 

186:2 Commemorative Bottles. Notwithstanding any of the provisions 
of RSA Title XIII Alcoholic Beverages, the state liquor commission is here- 
by authorized and directed to enter into a contract for the manufacture 
and purchase of commemorative bottles in the shape of the state house. 
The legislative sesquicentennial committee, appointed by the president of 
the senate and the speaker of the house, shall approve the design of such 
bottles and shall approve the quantity to be purchased. The state liquor 
commission shall sell said commemorative bottles in all their retail store 
outlets at a price arrived at as follows: To the cost of said bottles, the state 
liquor commission shall add the same markup as it would add to the cost 
of the same liquor if it were in an ordinary bottle and in addition, shall 
add whatever additional monies the sesquicentennial committee directs it 
to add. The regular markup, as above explained, shall be considered in- 
come to the state liquor commission and shall be handled as any other in- 
come received by it pursuant to the provisions of RSA Title XIII. The 
additional markup, as directed by the sesquicentennial committee, shall be 
reported separately by the state liquor commission and shall be credited to 
the legislative appropriation. 

186:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 28, 1969.] 
[Effective date May 28, 1969.] 



1969] Chapter 187 139 

CHAPTER 187. 

AN ACT RELATIVE TO COUNSEL FEES AND INTEREST IN WORKMEN'S 
COMPENSATION CASES. 

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

187:1 Payment of Counsel Fees and Interest. Amend RSA 281 by in- 
serting after section 37 the following new section: 281:37-a Award of Fees 
and Interest. In any dispute over the amount of benefits payable under 
this chapter which is appealed to the superior or supreme courts, the em- 
ployee, if he prevails, shall be entitled to reasonable counsel fees as ap- 
proved by the court, and interest at the rate of six percent per annum ois 
that portion of any award the payment of which is contested; provided 
that the interest shall be computed from thirty days after award by the 
commissioner. 

187:2 Interest in Civil Proceedings. Amend RSA 524: 1-b, as inserted 
by 1957, 201:1 and amended by 1963, 293:1 and 1967, 407:1 by striking out 
in lines six, seven and eight the words "or for compensation due under the 
provisions of RSA 281, workmen's compensation law, and awarded by a 
superior court on appeal from a ruling of the labor commissioner pursuant 
to RSA 281:37 and 40,"; and in lines thirteen, fourteen and fifteen the 
words "provided, however, that in workmen's compensation cases, interest 
shall not be allowed for future disability benefits not due and payable until 
after entry of final judgment", so that said section as amended shall read 
as follows: 524: 1-b Interest from Date of Writ. In all other civil proceed- 
ings at law or in equity in which a verdict is rendered or a finding is made 
for pecuniary damages to any party, whether for personal injuries, for 
wrongful death, for consequential damages, for damage to property, busi- 
ness or reputation, for any other type of loss for which damages are recog- 
nized, there shall be added by the clerk of court to the amount of damages 
interest thereon from the date of the writ or the filing of the petition to 
the date of entry of final judgment, even though such interest brings the 
amount of the verdict or findings beyond the maximum liability imposed 
by law. 

187:3 Effective Date. This act shall take effect sixty days after its pas- 
sage, and shall govern all proceedings arising out of injuries sustained on 
and after its effective date. 
[Approved June 2, 1969.] 

[Effective date August 1, 1969 and shall govern all proceedings arising out 
of injuries sustained on and after its effective date.] 



140 Chapter 188 [1969 

CHAPTER 188. 

AN ACT RELATIVE TO PROCEDURE FOR RE-ASSESSMENT OF TAXES BY TAX COMMISSION. 

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

188:1 Procedure. Amend RSA 71:12 (supp) as amended by 1959, 123:1; 
1963, 272:1 and 1965, 227:1 by striking out said section and inserting in 
place thereof the following: 

71:12 Re-Assessments. The tax commission may order a re-assessment 
of any taxable property in the state: 

I. When a specific written complaint is filed with it, by a property 
owner, within ninety days of the date on which the last tax bill on the orig- 
inal warrant is sent by the collector of taxes of the taxing district, that a 
particular parcel of real estate or item of personal property not owned by 
him has been fraudulently, improperly, unequally or illegally assessed, the 
complainant shall pay a fee of ten dollars for each specific particular parcel 
or specific item of personal property complained of. The tax commission 
shall send notice by certified mail to the taxpayer against whose property 
the complaint is made; or 

II. When it comes to the attention of the tax commission from any 
source, except as provided in paragraph I, that a particular parcel of real 
estate or item of personal property has not been assessed, or that it has been 
fraudulently, improperly, unequally, or illegally assessed; or 

III. When in the judgment of the commission any or all of the prop- 
erty in a taxing district should be re-assessed, or 

IV. When a complaint is filed with the commission alleging that all 
of the taxable real estate or taxable property in a taxing district should be 
re-assessed for any reason, the complaint must be signed by at least fifty 
property taxpayers or one third of the property taxpayers in the taxing 
district, whichever is less. 

188:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 3, 1969.] 
[Effective date August 2, 1969.] 



CHAPTER 189. 

AN ACT RELATING TO ISSUANCE OF PLATES TO MOTOR VEHICLE DEALERS. 

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

convened: 

189:1 Motor Vehicle Dealer Junk Yards. Amend RSA 267-A:14 as in- 
serted by 1965, 372:1 by striking out the section and inserting in place there- 
of the following: 267-A:14 Motor Vehicle Dealers. Both new and used 
car dealers are hereby required to remove from their premises registered 



1969] Chapter 190 141 

with the director of motor vehicles as their principal place of business any 
motor vehicle which is of the type referred to in paragraph I of section 2 
of this chapter, under the definition of junk yard, within at least one hun- 
dred sixty days from the date of its original entrance thereon. Any other 
location within the same community used by such dealer shall be subject 
to the terms of this chapter if in its operation it falls within the confines 
of the definition of the term motor vehicle junk yard as defined in this 
chapter. Definitions in chapter 259 are hereby amended to conform to defini- 
tions in this chapter. 

189:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 3, 1969.] 
[Effective date August 2, 1969.] 



CHAPTER 190. 

AN ACT RELATIVE TO THE TRANSPORTATION OF JUNK MOTOR VEHICLES. 

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

190:1 Binder Chains. Amend RSA 263 by inserting after section 68-b 
the following new section: 263:68-c Binder Chains on Vehicles Canning 
Junk Motor Vehicles. No motor truck, trailer or semi-trailer, while being 
used to transport junk motor vehicles shall be operated on the highways of 
this state unless each such load on each such unit is bound by three chains 
and binders, said chains made of not less than three-eighths inch wire, and 
unless said chains and binders are held firmly in place and are properly 
spaced to secure the load. 

190:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 3, 1969.] 
[Effective date August 2, 1969.] 



CHAPTER 191. 

AN ACT RELATIVE TO EMERGENCY LIGHTS ON MOTOR VEHICLES. 

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

convened: 

191:1 Additional Vehicles. Amend RSA 263:41 as amended by 1963, 
254:1 by striking out said section and inserting in place thereof the follow- 
ing: 263:41 Emergency Lights. It shall be unlawful for any motor vehicle 
to be operated on the ways of the state equipped with an emergency light. 
This provision shall not apply to vehicles of law enforcement officers, for- 
estry departments, fire departments, volunteer members of fire department, 



142 Chapter 192 [1969 

state, city or town highway or public works departments, public utilities, 
wreckers, public or private ambulances, private snow removal vehicles, 
emergency highway service vehicles and such other vehicles as determined 
by the director. Emergency lights shall not be in operation except while 
such vehicle is actively in use during an emergency and in the case of pri- 
vate snow removal vehicles, while such vehicle is actively in use in snow 
removal. The director by regulation shall determine the location and color 
of said emergency lights. 

191:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 3, 1969.] 
[Effective date August 2, 1969.] 



CHAPTER 192. 

AN ACT CHANGING THE NAME OF NIGGER ISLAND IN HANOVER TO OILMAN ISLAND. 

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

192:1 Name Changed. The island of land situate in the Connecticut 
River within the town of Hanover presently known as Nigger Island shall 
hereafter be called and known as Oilman Island. 

192:2 Effective Date. This act shall take effect upon passage. 
[Approved June 3, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 193. 

AN ACT NAMING THE ALMOND (RED) WATSON CIVIL DEFENSE TRAINING CENTER 
AND PROVIDING FOF A PLAQUE TO BE ERECTED THEREON. 

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

193:1 Civil Defense Training Center Named. The civil defense area 
established in Gilford under authority of Laws of 1961, chapter 216, shall 
hereafter be known as the Almond (Red) Watson Civil Defense Training 
Center. The commissioner of public works and highways is hereby directed 
to secure a suitable plaque to be erected at said training center designating 
the name hereby given to said center. 

193:2 Acceptance of Gift. For the purpose of having available funds 
for the plaque to be established at the civil defense training center at Gil- 
ford as provided in section 1 of this act the department of public works and 
highAvays is hereby authorized to accept and expend a gift of two hundred 
dollars from the Lakes Region Mutual Fire Aid Association to pay for said 
plaque. 



1969] Chapter 194 143 

193:3 Effective Date. This act shall take effect upon its passage. 
[Approved June 3, 1969.] 
[Effective date June 3, 1969.] 



CHAPTER 194. 

AN ACT ENACTING THE UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT. 

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

194:1 New Chapter. Amend RSA by inserting after chapter 456 the 
following new chapter: 

Chapter 456-A 
Uniform Recognition of Acknowledgments Act 

456-A: 1 Recognition of Notarial Acts Performed Outside This State. 

For the purposes of this chapter, "notarial acts" means acts which the laws 
and regulations of this state authorize notaries public of this state to per- 
form, including the administering of oaths and affirmations, taking proof 
of execution and acknowledgments of instruments, and attesting documents. 
Notarial acts may be performed outside this state for use in this state with 
the same effect as if performed by a notary public of this state by the fol- 
lowing persons authorized pursuant to the laws and regulations of other 
governments in addition to any other person authorized by the laws and 
regulations of this state: 

I. a notary public authorized to perform notarial acts in the place in 
which the act is performed; 

II. a judge, clerk, or deputy clerk of any court of record in the place 
in which the notarial act is performed; 

III. an officer of the foreign service of the United States, a consular 
agent, or any other person authorized by regulation of the United States 
department of state to perform notarial acts in the place in which the act 
is performed; 

IV. a commissioned officer in active service with the armed forces of 
the United States and any other person authorized by regulation of the 
armed forces to perform notarial acts if the notarial act is performed for 
one of the following or his dependents: a merchant seaman of the United 
States, a member of the armed forces of the United States, or any other 
person serving with or accompanying the armed forces of the United 
States; or 

V. any other person authorized to perform notarial acts in the place 
in which the act is performed. 

456-A:2 Authentication of Authority of Officer. 

I. If the notarial act is performed by any of the persons described in 
paragraphs I to IV, inclusive of section 1, other than a person authorized 
to perform notarial acts by the laws or regulations of a foreign country, the 



144 Chapter 194 [1969 

signature, rank, or title and serial number, if any, of the person are suffi- 
cient proof of the authority of a holder of that rank or title to perform 
the act. Further proof of his authority is not required. 

II. If the notarial act is performed by a person authorized by the laws 
or regulations of a foreign country to perform the act, there is sufficient 
proof of the authority of that person to act if: 

(a) either a foreign service officer of the United States resident in the 
country in which the act is performed or a diplomatic or consular officer 
of the foreign country resident in the United States certifies that a person 
holding that office is authorized to perform the act; 

(b) the official seal of the person performing the notarial act is affixed 
to the document; or 

(c) the title and indication of authority to perform notarial acts of 
the person appears either in a digest of foreign law or in a list customarily 
used as a source of such information. 

III. If the notarial act is performed by a person other than one de- 
scribed in paragraphs I and II, there is sufficient proof of the authority of 
that person to act if the clerk of a court of record in the place in which 
the notarial act is performed certifies to the official character of that person 
and to his authority to perform the notarial act. 

IV. The signature and title of the person performing the act are prima 
facie evidence that he is a person with the designated title and that the 
signature is genuine. 

456-A:3 Certificate of Person Taking Acknowledgment. The person 
taking an acknowledgment shall certify that: 

I. the person acknowledging appeared before him and acknowledged 
he executed the instrument; and 

II. the person acknowledging was known to the person taking the 
acknowledgment or that the person taking the acknowledgment had satis- 
factory evidence that the person acknowledging was the person described 
in and who executed the instrument. 

456-A:4 Recognition of Certificate of Acknowledgment. The form of 
a certificate of acknowledgment used by a person whose authority is recog- 
nized under section 1 shall be accepted in this state if; 

I. the certificate is in a form prescribed by the laws or regulations of 
this state; 

II. the certificate is in a form prescribed by the laws or regulations 
applicable in the place in which the acknowledgment is taken; or 

III. the certificate contains the words "acknowledged before me," or 
their substantial equivalent. 

456-A:5 Certificate of Acknowledgment. The words "acknowledged 
before me" means 

I. that the person acknowledging appeared before the person taking 
the acknowledgment, 

II. that he acknowledged he executed the instrument, 



1969] Chapter 194 145 

III. that, in the case of: 

(a) a natural person, he executed the instrument for the purposes 
therein stated; 

(b) a corporation, the officer or agent acknowledged he held the posi- 
tion or title set forth in the instrument and certificate, he signed the instru- 
ment on behalf of the corporation by proper authority, and the instrument 
was the act of the corporation for the purpose therein stated; 

(c) a partnership, the partner or agent acknowledged he signed the 
instrument on behalf of the partnership by proper authority and he ex- 
ecuted the instrument as the act of the partnership for the purposes therein 
stated; 

(d) a person acknowledging as principal by an attorney in fact, he 
executed the instrument by proper authority as the act of the principal for 
the purposes therein stated; 

(e) a person acknowledging as a public officer, trustee, administrator, 
guardian, or other representative, he signed the instrument by proper au- 
thority and he executed the instrument in the capacity and for the pur- 
poses therein stated; and 

IV. that the person taking the acknowledgment either knew or had 
satisfactory evidence that the person acknowledging was the person named 
in the instrument or certificate. 

456-A:6 Short Forms of Acknowledgment. The forms of acknowledg- 
ment set forth in this section may be used and are sufficient for their re- 
spective purposes under any law of this state. The forms shall be known 
as "statutory short forms of acknowledgment" and may be referred to by 
that name. The authorization of the forms in this section does not preclude 
the use of other forms. 

I. For an individual acting in his own right: 
State of 



County of 

The foregoing instrument was acknowledged before me this (date) by 
(name of person acknowledged). 

(Signature of Person Taking Acknowledgment) 
(Title or Rank) 
(Serial Number, if any) 

II. For a corporation: 

State of 

County of 

The foregoing instrument was acknowledged before me this (date) by 
(name of officer or agent, title of officer or agent) of (name of corporation 
acknowledging) a (state or place of incorporation) corporation, on behalf of 
the corporation. 

(Signature of Person Taking Acknowledgment) 

(Title or Rank) 

(Serial Number, if any) 



146 Chapter 194 [1969 

III. For a partnership: 

State of 

County of 

The foregoing instrument was acknowledged before me this (date) by 
(name of acknowledging partner or agent), partner (or agent) on behalf of 
(name of partnership), a partnership. 

(Signature of Person Taking Acknowledgment) 

(Title or Rank) 

(Serial Number, if any) 

IV. For an individual acting as principal by an attorney in fact: 
State of 

County of 

The foregoing instrument was acknowledged before me this (date) by 
(name of attorney in fact) as attorney in fact on behalf of (name of prin- 
cipal). 

(Signature of Person Taking Acknowledgment) 

(Title or Rank) 

(Serial Number, if any) 

V. By any public officer, trustee, or personal representative: 
State of 

County of 

The foregoing instrument was acknowledged before me this (date) by 
(name and title of position). 

(Signature of Person Taking Acknowledgment) 
(Title or Rank) 
(Serial Number, if any) 

456-A:7 Acknowledgments Not Affected by this Act, A notarial act 
performed prior to the effective date of this chapter is not affected by this 
chapter. This chapter provides an additional method of proving notarial 
acts. Nothing in this chapter diminishes or invalidates the recognition ac- 
corded to notarial acts by other laws or regulations of this state. 

456-A:8 Uniformity of Interpretation. This act shall be so interpreted 
as to make uniform the laws of those states which enact it. 

456-A:9 Short Title. This act may be cited as the Uniform Recognition 
of Acknowledgments Act. 

194:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 3, 1969.] 
[Effective date August 2, 1969.] 



1969] Chapter 195 147 

CHAPTER 195. 

AN ACT ESTABLISHING A LEGISLATIVE STUDY COMMITTEE. 

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

195:1 New Chapter. Amend RSA by inserting after chapter 17-A 
(supp) as inserted by 1963, 297:1 the following new chapter: 

Chapter 17-B 
Legislative Study Committee 

17-B:1 Committee Established. There is hereby established a legisla- 
tive study committee. 

17-B:2 Members; Appointment. The legislative study committee shall 
consist of fifteen members. 

I. Eleven shall be members of the house of representatives. One shall 
be the speaker or the majority leader, as the speaker shall appoint, and 
one shall be the minority leader. Nine shall be appointed by the speaker 
and shall be in the same ratio as both political parties bear to each other 
in the elected membership of the house. 

II. Four shall be members of the senate. One shall be the president 
or the majority leader, as the president shall appoint, and one shall be the 
minority leader. Two other members shall be appointed by the president. 

III. Committee members shall be appointed just prior to adjournment 
of each regular biennial session, and they shall hold office until their suc- 
cessors are appointed and qualified. 

IV. Any vacancy arising in the membership shall be filled, consistent 
with the provisions of the preceding paragraphs, by the appointing official 
named therein. 

17-B:3 Meetings; Quorum. 

I. The committee shall meet within ten days after its creation and 
organize by selecting a chairman, and a vice-chairman, one of whom shall 
be a member of the senate and one of whom shall be a member of the house. 

II. The regular meeting place of the committee shall be at the state 
house, Concord, New Hampshire. It shall meet in accordance with rules 
established by it, but, in any event, at least quarterly. 

III. A majority of the members of the committee shall constitute a 
quorum. 

17-B:4 Compensation. The members of the committee shall serve 
without compensation, but they shall be entitled to legislative mileage and 
necessary expenses incurred while attending meetings of the committee, 
wathin the state, except members shall not be entitled to said mileage and 
expenses when the general court is in session. 

17-B:5 Duties o£ the Committee. It shall be the duty of the committee 
to: 

I. Establish rules to govern its practice and procedure; 



148 Chapter 195 [1969 

II. Establish such standing subcommittees from its membership as 
are necessary to perform its duties under this chapter; 

III. Consider all matters referred to it by the house, by the senate, or 
by the governor and council, as well as such problems of major concern 
throughout the state as might reasonably be expected to come before the 
general court for its consideration; 

IV. Prepare in advance of each regular session of the general court 
a report incorporating in its studies, together with a legislative program 
based upon its research, studies and exploration of the state's problems; 

V. Consult from time to time with the commission to study uniform 
state laws established by RSA 18:1 on uniform legislation. 

17-B:6 Powers of the Committee. The committee shall have the 
power to: 

I. Employ, within the limits of its appropriation, such experts as may 
be required to perform its duties; 

II. Hold public hearings: 

(a) To request information from all governmental departments and 
agencies, 

(b) To require the appearance of witnesses by use of a subpoena duces 
tecum so far as such appearance, testimony and evidence is material and 
relevant to committee studies, 

III. Consult from time to time, while the legislature is not in session, 
with the governor concerning the execution of legislative policy by the ex- 
ecutive departments; 

IV. Hire a full time secretary and/or clerical help, and a permanent 
office shall be provided said help in the state house adjacent to or suitably 
near the office of legislative services. 

17-B:7 Duties of the Chairman. The chairman of the committee shall 
assign members to the standing subcommittees established under 17-B:5 
(II). 

17-B:8 Powers of the Chairman. The chairman of the committee shall 
have the power to appoint special committees from the membership to con- 
sider, study and resolve particular matters under consideration. 

17-B:9 Referrals. Any matter referred to the legislative study com- 
mittee by the house or senate shall contain a directive to the committee 
stating the reason for referral and including minutes and records of legis- 
lative hearings. 

17-B:10 Advisory Committees. The chairman, upon recommendation 
of the committee, may appoint to advisory committees persons who may or 
may not be members but who shall have proper qualifications to assist the 
committee in performing its duties. 

17-B:11 Interpretation of Provision. It is the declared intention of 
this chapter to eliminate the establishing of interim commissions in the 
future. This chapter shall be interpreted to carry out the above-stated in- 
tention. 



1969] Chapter 196 149 

17-B:12 Appropriation. A biennial appropriation shall be made by 
the general court to carry out the provisions of this chapter. 

195:2 Repeal. RSA chapter 17, establishing the legislative council is 
hereby repealed. 

195:3 Effective Date. This act shall take effect July 1, 1969. 
[Approved June 3, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 196. 

AN ACT RELATIVE TO THE VOCATIONAL-TECHNICAL INSTITUTES, AREA VOCATIONAL 
CENTERS, AND REMOVAL OF SCHOOL DISTRICT EMPLOYEES. 

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

196:1 Technical Institute Named. Amend RSA 188-A:3 as inserted by 
1961, 267:1 by striking out said section and inserting in place thereof the 
foUo^v'ing: 

188-A:3 Name and Program of the Technical Institutes. The program 
of the technical institutes shall be designed to prepare qualified high 
school graduates as technicians who may serve as assistants to professionally 
trained personnel. The name of the technical institute shall be: 

I. New Hampshire Technical Institute, Concord 

196:2 Vocational-Technical Institutes Named. Amend RSA 188-A:6 as 
inserted by 1961, 267:1 by striking out said section and inserting in place 
thereof the following: 

188-A:6 Name and Program of the Vocational-Technical Institutes. 

The program of the vocational-technical institutes shall be designed to pre- 
pare qualified high school graduates or the equivalent as skilled workers 
to meet the occupational needs of the state. The names of the vocational- 
technical institutes shall be: 

I. New Hampshire Vocational-Technical College, Berlin 

II. New Hampshire Vocational-Technical College, Claremont 

III. New Hampshire Vocational-Technical College, Laconia 

IV. New Hampshire Vocational-Technical College, Manchester 

V. New Hampshire Vocational-Technical College, Nashua 

VI. New Hampshire Vocational-Technical College, Portsmouth 

196:3 State Aid for Area Vocational Centers. Amend RSA 188-A:12 
(supp) as inserted by 1961, 267:1 and amended by 1967, 13:8 by striking out 
said section and inserting in place thereof the following: 

188-A:12 State Aid for Area Vocational Students. 

I. The state board of education is hereby authorized and directed to 
designate comprehensive high schools offering vocational education pro- 



150 Chapter 197 [1969 

grams as vocational education centers. The state board is further authorized 
to pay from its regular budget full or partial tuition and transportation 
for pupils attending designated vocational courses whose residence is in a 
district where the high school of normal attendance does not offer a similar 
vocational course. Tuition is not to exceed the rate being paid by regular 
students attending the high school operating the vocational education cen- 
ter. Transportation is not to exceed normal transportation charges on estab- 
lished public buses or a reasonable rate established by the board. 

II. In the event that the sum in the budget for state aid for tuition 
and transportation is insufficient to pay the total amount of charges for 
that fiscal year, tuition shall be paid first and the transportation shall be 
prorated among the eligible pupils attending. Payment of tuition and 
transportation under this section may be supplemented by the utilization 
of federal funds if available. 

III. Pupils shall be permitted to enroll at their normal high schools 
for regular courses and attend an area vocational center for purposes of 
taking vocational courses or may attend the vocational center for their 
entire program. 

196:4 Removal of Teacher. Amend RSA 189:31 by inserting at the 
end thereof the following (The person so removed shall continue as an 
employee of the district unless discharged by the local school board but may 
not return to the classroom or undertake to perform the duties of his posi- 
tion unless reinstated by the superintendent) so that said section as amend- 
ed shall read as follows: 189:31 Removal of Teacher. Superintendents 
shall direct and supervise the work of teachers, and for cause may remove 
a teacher or other employee of the district. The person so removed shall 
continue as an employee of the district unless discharged by the local school 
board but may not return to the classroom or undertake to perform the 
duties of his position unless reinstated by the superintendent. 

196:5 Appeal After Removal. Amend RSA 189:32 by striking out said 
section and inserting in place thereof the following: 189:32 — Appeal. Any 
person so removed, unless dismissed by the school board, may appeal to the 
commissioner of education. The commissioner shall prescribe the manner 
in which appeals shall be made, and when one is made shall investigate 
the matter in any way he sees fit, and make such orders as justice requires. 

196:6 Effective Date. This act shall take effect on passage. 
[Approved June 5, 1969.] 
[Effective date June 5, 1969.] 



CHAPTER 197. 

AN ACT RELATIVE TO TEMPORARY LEAVE FOR PATIENTS OF THE NEW HAMPSHIRE 

HOSPITAL AND REQUIRING THE COMMISSIONER OF SAFETY TO 

ASSIST IN RETURNING THEM THERETO. 

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



1969] Chapter 198 151 

197:1 Police Assistance. Amend RSA 135:31 as amended by 1961, 38:3 
and 1961, 222:1 by striking out said section and inserting in place thereof 
the following: 135:31 Temporary Absences. The superintendent of the 
hospital may permit any inmate thereof temporarily to leave said institu- 
tion in charge of his guardian, relatives, friends, or himself, for a period 
not exceeding one year, and may receive him when returned within said 
period, or may take him into custody, without any further order of com- 
mitment. If the superintendent is requested to furnish assistance in having 
the patient returned to the hospital within said period, and if in his opin- 
ion such assistance is indicated, he or his designee is authorized to request 
such assistance from the commissioner of safety who shall immediately take 
whatever action is necessary in effecting the prompt delivery of the patient 
to New Hampshire Hospital. 

197:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 198. 

AN ACT TO PROHIBIT HUNTING OF DEER FROM SNOWMOBILES. 

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

198:1 Driving of Deer by Snowmobiles Prohibited. Amend RSA 208:7 
(supp) as amended by 1967, 28:1, by inserting in line five after the word 
"devices" the following (or by use of snow traveling vehicles) so that said 
section as amended shall read as follows: 208:7 Limit, Manner of Hunting. 
No person shall take more than one deer in any one season. No person 
shall hunt or take deer with the aid or by the use of a dog, jack, or other 
artificial light, trap, snare, salt lick, swivel, pivot or set gun. No person shall 
drive deer by the use of horns, whistles, or other noise-making devices or 
by use of snow traveling vehicles. It shall be unlawful for more than six 
persons to participate in a joint hunt for deer, wherein an effort is made 
to drive deer. 

198:2 Carrying of Weapons on Snowmobiles. Amend RSA 262 by in- 
serting after section 55 (supp) the following new section: 262:55-a Carry- 
ing of Firearms. No person shall carry on a snow traveling vehicle any 
firearm unless said firearm is unloaded and in a case or holster. This section 
shall not apply to law enforcement officers carrying firearms in the course 
of duty. 

198:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



152 Chapter 199 [1969 

CHAPTER 199. 

AN ACT RELATIVE TO ALLOWING CREDIT AND SUPERVISORY COMMITTEE MEMBERS THE 

SAME BORROWING PRIVILEGES NOW AVAILABLE TO MEMBERS OF 

BOARDS OF DIRECTORS OF CREDIT UNIONS. 

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

199:1 Loans to Officials. Amend RSA 394:30 as amended by 1963, 
306:9 by striking out said section and inserting in place thereof the follow- 
ing section: 394:30 Loans to Officials. Members of the board of directors, 
credit committee, or supervisory committee may borrow from the credit 
union. Members of the board of directors, credit committee, and super- 
visory committee may borrow or become surety for loans in excess of their 
holdings in such credit union provided such loans are approved by a ma- 
jority of the members of the credit and supervisory committees; provided, 
that no member of a credit committee or supervisory committee shall have 
a vote concerning his own loan application, or be entitled to participate 
in the deliberations regarding said loan. No loan to any such official shall 
receive terms more favorable than those extended to other persons borrow- 
ing from said credit union. 

199:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 200. 

AN ACT RELATIVE TO THE LICENSING LAW FOR PRACTICAL NURSES. 

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

200:1 Fees Increased. Amend RSA 326:21 as amended by 1955, 207:1 
and 1965, 233:5 by striking out said section and inserting in place thereof 
the following new section: 326:21 Fees. Each person applying for exam- 
ination, and/or certificate of registration as a licensed practical nurse shall 
pay to the commissioner of education a fee of not less than fifteen dollars 
nor more than twenty-five dollars which fee as to amount within the limits 
above provided shall be determined annually by the board. All fees so 
received together with fees received from licensing permits shall be paid 
to the state 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 registra- 
tion hereunder. 

200:2 New Section. Amend RSA 326 by inserting after section 22 the 
following new section: 326:22-a Temporary Permit. The board may grant 
a temporary permit to an applicant for a certificate of registration for such 
a period of time as the board may determine, provided however, in the case 
of registration by endorsement such temporary permit shall not exceed a 
period of ninety days. 



1969] Chapter 201 153 

200:3 Suspension and Revocation. Amend RSA 326:25 by striking out 
said section and inserting in place thereof the following: 326:25 Suspension 
and Revocation. The board may for good cause, suspend or revoke any 
license or certificate of registration. No license or certificate shall be sus- 
pended or revoked until after a hearing before the board upon written 
notice of fourteen days. Such notice shall be served personally or by regis- 
tered mail and shall set forth the date and place of the hearing and the 
grounds constituting the charges against the person complained of. All 
hearings shall be private except upon request of the party involved. No 
person shall practice as a licensed practical nurse after his license or certi- 
ficate has been suspended or revoked. After such suspension or revocation 
application may be made to the board for restoration of license or certifi- 
cate after a period of six months. The board may reinstate such applicant 
upon terms which, in the opinion of the board, will protect the interest of 
the public. 

200:4 Effective Date. This act shall take effect upon its passage. 
[Approved June 5, 1969.] 
[Effective date June 5, 1969.] 



CHAPTER 201. 

AN ACT AUTHORIZING MUNICIPALITIES AND COUNTIES TO ISSUE BONDS OR NOTES FOR 
PRELIMINARY EXPENSES FOR PUBLIC WORKS OR IMPROVEMENTS. 

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

201:1 Plans and Specifications. Amend RSA 33 by inserting after sec- 
tion 33:3-b (supp) the following new section: 33:3-c Issue of Bonds for 
Preliminary Expenses. A municipality or county may issue its bonds or 
notes for the purpose of defraying the cost of preliminary or final plans 
and specifications or other preliminary expenses incidental to or connected 
with any proposed public work or improvement of a permanent nature 
consisting of the construction, reconstruction, alteration or enlargement of 
a public building, the construction, enlargement or improvement of water 
works, or the construction, enlargement or improvement of a sewerage sys- 
tem or sewage or waste treatment facilities; said bonds or notes to mature 
over a period of not more than five years from the date of issue unless they 
are issued at the same time as bonds or notes for the public work or im- 
provement for which such expenses were incurred, in which case said bonds 
or notes shall mature over a period not exceeding the expected useful life 
of such public work or improvement. 

201:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



154 Chapter 202 [1969 

CHAPTER 202. 

AN ACT RELATIVE TO CHANGING THE NAME OF ROUND POND IN THE TOWN OF 
WAKEFIELD TO IVANHOE POND. 

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

202:1 Name Changed. The body of water in the town of Wakefield 
now known as Round Pond shall hereafter be called and known as Ivanhoe 
Pond. 

202:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 5, 1969.] 
[Effective date June 5, 1969.] 



CHAPTER 203. 

AN ACT PROVIDING FOR THE ACQUISITION OF REAL PROPERTY BY THE STATE FOR THE 
IMPROVEMENT AND DEVELOPMENT OF EXISTING AIR NAVIGATION FACILITIES. 

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

203:1 Director of Aeronautics. Amend RSA 422:14 as amended by 
1967, 354:2 by striking out said section and inserting in place thereof the 
following: 422:14 Powers and Duties of Director. The director shall be 
the executive officer of the commission, and under the supervision of the 
commission, shall administer the provisions of this chapter and all the laws 
of the state relative to aeronautics. The director, with the approval of the 
commission, and within the limits of the appropriation may hire field and 
office assistants necessary for the proper execution of his duties. The di- 
rector shall exercise general supervision, control, and direction on behalf 
of the state, over all matters pertaining to the location, construction, and 
maintenance of all air navigation facilities now or hereafter built or main- 
tained, either in whole or in part, with money appropriated from the state 
treasury. He may recommend to the governor and council that the state 
acquire land, easements, and rights of way for the establishment, develop- 
ment or improvement of air navigation facilities. Such land, easements, and 
rights of way may be acquired by purchase, grant or condemnation in the 
manner provided by law by which the governor and council are authorized 
to acquire real property for public purposes, and property so acquired may 
be conveyed to a town for use in connection with the establishment, devel- 
opment or improvement of air navigation facilities for such a consideration 
as the governor and council may determine. The director shall be the co- 
ordinating authority for all agencies and persons participating in aircraft 
search and rescue missions within the state. Any agency, organization or 
person wishing to participate in aircraft search and rescue mission shall 
apply for and receive authority from the director to participate and such 
authority shall be subject to such terms, conditions and instructions as the 
director may deem appropriate. The director is authorized to reimburse 
aircraft owners for actual costs of aircraft operation during authorized air- 



1969] Chapter 204 155 

craft search and rescue missions. The director or his authorized representa- 
tive shall be responsible for the investigation of all civil aircraft accidents 
occurring within the state. Prior to the time the authorized representative 
of the Federal agency responsible for the investigation of an aircraft acci- 
dent arrives to take custody of the aircraft wreckage, no person shall touch, 
tamper with, or remove any part of such aircraft wreckage or property 
aboard without express approval of the director or his authorized repre- 
sentative, except where necessary to remove persons injured or trapped. 
If any one or more of the provisions of this section is held invalid, the 
validity of the remaining provisions shall not be affected thereby. 

203:2 Effective Date. This act shall take effect upon passage. 
[Approved June 5, 1969.] 
[Effective date June 5, 1969.] 



CHAPTER 204. 

AN ACT RELATIVE TO APPEALS IN PROCEEDINGS RELATING TO BANKS. 

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

204:1 Rehearings and Appeals. Amend RSA 384 by inserting after 
section 1 thereof the following new section: 384: 1-a Procedure on Appeal. 
The procedure for rehearings and appeals with respect to any decision, 
order or ruling of the commissioner or the board of a trust company in- 
corporation issued under this title shall be that prescribed by RSA 541, 
except as otherwise provided in this title. 

204:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 205. 

AN ACT RELATIVE TO THE EXPENSES OF COUNTY ATTORNEYS. 

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

205:1 Limitation Removed. Amend RSA 7:36 (supp) as amended by 
1965, 364:2 by striking out in lines two and three after the word "duties" 
the words "while away from their offices" so that said section as amended 
shall read as follows: 7:36 Expenses; Payment. The county attorneys are 
entitled to their actual expenses incurred in the discharge of their official 
duties. They shall be paid monthly for their salaries and expenses. They 
shall submit their expense accounts to a justice of the superior court for 
his approval before the accounts may be paid. 



156 Chapter 206 [1969 

205:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 

[Effective date August 4, 1969.] 



CHAPTER 206. 

AN ACT RELATIVE TO THE PENALTY FOR LATE PAYMENT OF POLL TAXES. 

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

206:1 No Interest on Overdue Poll Taxes. Amend RSA 76:13 (supp) 
as amended by 1965, 81:1 by inserting in line one after the word "taxes" 
the following (except poll taxes) so that said section as amended shall read 
as follows: 76:13 Interest. Interest at six per cent shall be charged upon 
all taxes except poll taxes not paid on or before December first after their 
assessment, which shall be collected from that date with the taxes as inci- 
dent thereto, except in the case where a tax bill is sent to the taxpayer on 
or after November second and before November sixteenth, 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 November 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 commis- 
sion in writing of the date on which the last tax bill was sent. 

206:2 Penalty on Overdue Poll Taxes. Amend RSA 76 by inserting 
after section 13 (supp) as amended by this act the following new section: 
76:13-a Poll Tax Penalty. There shall be added to any poll tax not paid 
in full on or before December first following the assessment of the poll tax 
the sum of twenty cents which shall be collected with the tax as incident 
thereto. 

206:3 Repeal. RSA 80:53, relative to time payable of certain taxes, is 
hereby repealed. 

206:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 207. 

AN ACT RELATIVE TO FISHING LIMITS IN GREAT BAY. 

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



1969] Chapter 208 157 

207:1 Seines, Nets and Weirs. Amend RSA 211:48 as amended by 1959, 
306:2 by striking out said section and inserting in place thereof the follow- 
ing so that said section as amended shall read as follows: 211:48 Seines, 
Nets and Weirs. No person shall use a seine or net or weir for the taking 
of salt water smelt in Great Bay, Little Bay, Piscataqua River, Exeter River, 
Oyster River, Bellamy River and their tributaries, provided that any per- 
son ^\ho at any time during the three years immediately preceding the 
enactment of this act has owned and operated a weir or weirs for taking 
of salt ■'.vater smelt in these waters and who files the information herein- 
after required with the director, fish and game, within ninety days after 
enactment of this act, may continue to operate said weir or weirs in the 
same location or locations and to no greater extent and in no larger size 
than he has previously operated during that three-year period. The in- 
formation to be filed as provided herein shall include name and address 
of the owner and operator of the weir or weirs, the location, length and 
description of same and such other information as the director, fish and 
game, may require to establish the facts as to the person's prior ownership 
and operation and his right to continue to operate. No person shall use or 
have in use a weir or net for the taking of smelt in the Piscataqua river and 
its tributaries, easterly of an imaginary line drawn from the easterly end 
of the Portsmouth and Concord Bridge to Adam's Point in Durham. 

207:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 208. 

AN ACT PROVIDING FOR THE MANNER OF ELECTION OF OFFICERS AND THE 
EXECUTIVE COMMITTEE AT COUNTY CONVENTIONS. 

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

208:1 Officers to be Elected. Amend RSA 24:2 (supp) as amended by 
1963, 113:2 and 1965, 330:16 by striking out in line three the word "choose" 
and inserting in place thereof the word (elect) so that said section as 
amended shall read as follows: 24:2 Officers and Executive Committee. At 
its first regular meeting, or at any subsequent meeting when necessary, the 
county convention shall elect a chairman, vice-chairman, clerk, and an 
executive committee. The chairman, vice-chairman and clerk shall be mem- 
bers of the executive committee, ex officio. 

208:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



158 Chapter 209 [1969 

CHAPTER 209. 

AN ACT RELATIVE TO THE USE OF SNOW TRAVELING VEHICLES ON GREAT BAY. 

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

209:1 Operation of Motor Vehicles on Ice on Great Bay. Amend RSA 
211:17-b as inserted by 1959, 306:3 by inserting in lines two and eight after 
the words "motor vehicle" the following (or snow traveling vehicle) so that 
said section as amended shall read as follows: 211:17-b Operation of Motor 
Vehicles or Snow Traveling Vehicles on Ice On Great Bay. No person shall 
drive a motor vehicle or snow traveling vehicle on the ice on Great Bay 
except that any person who holds a New Hampshire fishing license may 
do so provided that he does not drive or park his vehicle any closer than 
three hundred feet to any occupied so-called bobhouse, fishing shanty or 
fishing hole other than the one he occupies. The provisions of this section 
shall not apply to any person engaged in emergency rescue operations or 
public service of any description. No person driving a motor vehicle or snow 
traveling vehicle on the ice on Great Bay shall operate vehicle at a speed 
greater than ten miles per hour. Whoever violates any provision of this 
section shall be fined not more than twenty-five dollars. 

209:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 210. 

AN ACT RELATIVE TO PERSONAL PROPERTY TAX LIENS ON MOBILE HOMES. 

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

210:1 Personal Property Tax Lien. Amend RSA 72:7-a (supp) as in- 
serted by 1961, 41:1 and amended by 1963, 149:1 and 1967, 57:1, by striking 
out said section and inserting in place thereof the following: 

72:7-a House Trailers. 

I. A house trailer, travel trailer, or mobile home suitable for use for 
domestic, commercial or industrial purposes is taxable in the town in which 
it is located on April first in any year if it was brought into the state on or 
before April first and remains here after June fifteenth in any year; ex- 
cept that a travel trailer as determined by the state tax commission, regis- 
tered in this state for touring or pleasure and not remaining in any one 
town, city or unincorporated place for more than forty-five days, except 
for storage only, shall be exempt from taxation. Nothing contained in this 
section shall be construed as changing the method of taxing house trailers 
and mobile homes held by a manufacturer or dealer as stock in trade. 

II. There shall be a lien for uncollected taxes upon any house trailer, 



1969] Chapter 211 159 

travel trailer, or mobile home suitable for use for domestic, commercial or 
industrial purposes that has been taxed pursuant to paragraph I. Said lien 
shall take precedence over all other liens and encumbrances upon said 
house trailer, travel trailer, or mobile home, and shall continue in force 
until one year from October first following the assessment of the tax. The 
tax collector shall file with the town or city clerk a copy of a document 
stating the existence of any such lien, the amount of the uncollected taxes 
secured by the lien, the name and address of the person liable for the tax 
as of the date of its assessment, and the serial number and description of 
the house trailer, travel trailer, or mobile home upon which the tax has 
been assessed. The town or city clerk shall keep a file of such documents, 
which shall be open to public inspection. 

210:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 211. 

AN ACT RELATIVE TO THE CALLING OF SPECIAL MEETINGS OF 
COOPERATIVE SCHOOL DISTRICTS. 

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

211:1 Petition by Voters. Amend RSA 195:13 by striking out in line 
six the words "when there is need or occasion therefor" and inserting in 
place thereof the following (by majority vote of the school board. A special 
meeting shall be held w'ithin thirty days following the receipt by the school 
board of a petition calling for such meeting and setting forth the subject 
matter upon which action is desired signed by at least five percent of the 
voters who are duly registered on the check lists of the district on the date 
the petition is submitted) and by inserting in line seven after the letters 
"RSA" the following (except RSA 197:2) so that said section as amended 
shall read as follows: 195:13 Meetings, Annual, Special. A meeting of 
every cooperative school district shall be held annually between March 
first and April twentieth for the choice of district officers, raising and ap- 
propriating money for the support of its schools for the fiscal year begin- 
ning July first next, and the transaction of other district business. Special 
meetings may be called by majority vote of the school board. A special meet- 
ing shall be held within thirty days following the receipt by the school 
board of a petition calling for such a meeting and setting forth the subject 
matter upon which action is desired signed by at least five percent of the 
voters who are duly registered on the check lists of the district on the date 
the petition is submitted. The provisions of chapter 197, RSA, except RSA 
197:2, shall apply to cooperative school district meetings, except that a copy 
of the warrant shall be posted in a public place in each pre-existing district 
as well as at the place of meeting. 



160 Chapter 212 [1969 

211:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 

[Effective date August 4, 1969.] 



CHAPTER 212. 

AN ACT RELATIVE TO THE BALLOT-LAW COMMISSION'S AUTHORITY TO 
DETERMINE CERTAIN DISPUTES. 

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

212:1 Filing Disputes. Amend RSA 68 by inserting after section 3 the 
following new section: 68:3-a Filing Disputes. The ballot-law commission 
shall hear and determine all disputes arising over the filing of nomination 
or declarations of candidacy papers with the secretary of state. 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. 

212:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 213. 

AN ACT RELATIVE TO THE POWERS OF THE INSURANCE COMMISSIONER. 

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

213:1 Rule Making and Investigative Powers. Amend RSA 400 by in- 
serting after section 3 the following new section: 

400:3-a Powers. The insurance commissioner shall have the power: 

I. To make reasonable rules and regulations as he determines necessary 
for the effective administration and enforcement of the provisions of RSA 
Title XXXVII; 

II. To conduct such investigations and hearings as he finds necessary 
to determine whether any provision of RSA Title XXXVII has been vio- 
lated, and; 

III. To conduct such other examinations, investigations, and hearings 
in addition to those specifically provided for as he may find necessary in 
order to promote the efficient administration of the provisions of RSA Title 
XXXVII. 

213:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 5, 1969.] 
[Effective date June 5, 1969.] 



1969] Chapter 214 161 

CHAPTER 214. 

AN ACT TO INCREASE THE MEMBERSHIP OF THE COORDINATING BOARD 
OF ADVANCED EDUCATION AND ACCREDITATION. 

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

214:1 Membership Increased. Amend RSA 186:13-a (supp) as inserted 
by 1963, 303:16 and amended by 1967, 288:1 by striking out said section 
and inserting in place thereof the following: 186:13-a Coordinating Board 
of Advanced Education and Accreditation. A coordinating board of ad- 
vanced education and accreditation of eleven members shall be established 
with the following membership: The commissioner of education, president 
of the university of New Hampshire, president of Keene state college, presi- 
dent of Plymouth state college, chairman of the state board of education or 
his delegated representative, ex officio, and six members to be appointed 
by the governor, with the consent of the council, three of these six appoint- 
ive members shall be educators selected from the private institutions of 
higher learning in New Hampshire. Appointive members of this board 
shall be appointed for five years each. Vacancies shall be filled for unex- 
pired terms only. The board is hereby authorized to employ such staff as 
may be necessary to carry on its work, within the limits of its appropria- 
tion. The members of the board, except the ex officio members and any 
committee of evaluation established by them, shall serve without compen- 
sation but may be reimbursed for actual travel and other expenses incurred 
in the performance of their duties hereunder. The function of the board 
is to w'ork in an advisory capacity only toward coordinating the activities 
of higher education in the state including community colleges and work 
with the New Hampshire members of the New England Board of Higher 
Education insofar as possible. The board shall evaluate institutions of 
higher learning wishing to grant degrees or issue diplomas, and make ap- 
propriate recommendation to the legislature, except for those exempted 
in RSA 292:8-h. The procedure and criteria for evaluation will be estab- 
lished by the board. Within five years after an institution in the state of 
New Hampshire, except for those exempted in RSA 292:8-h, received au- 
thority to grant degrees or issue diplomas or within five years after the 
effective date of this act for those receiving such authority prior to the 
establishment of the board, and thereafter at least once every ten years, it 
shall be evaluated by the board. On the basis of such evaluation, the board 
shall classify said institution into such category as will indicate its status as 
to approval and/or accreditation. The procedure and criteria for classifi- 
cation will be established by the board. The board may accept as a basis for 
classification, in lieu of evaluation by the board, accreditation by a recog- 
nized regional or national accrediting association. 

214:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



162 Chapter 215 [1969 

CHAPTER 215. 

AN ACT RELATIVE TO THE DISPOSITION OF THE FEES OF CERTAIN BAIL COMMISSIONERS. 

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

215:1 Disposition of Certain Fees. Amend RSA 597:20 (supp) as amend- 
ed by 1965, 195:1, by striking out the same 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. In jurisdictions 
where the bail commissioner is a full time salaried police officer, constable, 
sheriff, deputy sheriff, state police employee, or anyone else authorized to 
execute police powers, the fee collected shall be remitted to the town or 
city in which the municipal or district court is situated. 

215:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 216. 

AN ACT RELATIVE TO THE EXAMINATION OF APPLICANTS FOR CHIROPRACTIC LICENSES. 

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

216:1 National Examination. Amend RSA 316 by inserting after sec- 
tion 14 the following new section: 316:14-a National Examination. Any 
person who has passed parts one and two of the national examination given 
by the National Board of Chiropractic Examiners shall be exempt from 
taking a written examination, and provided he meets all other qualifica- 
tions and requirements of this chapter shall be registered and granted a 
license by the state board upon payment of the required fee and presenta- 
tion of satisfactory proof that he has passed said parts of such national ex- 
amination. 

216:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 217. 

AN ACT RELATIVE TO CHILD PLACING AND CHILD CARING AGENCIES. 

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



1969] Chapter 218 163 

217:1 Definition. Amend RSA 170:2 (supp) as amended by 1957, 116:2; 
1961, 135:1, 222:1; 1963, 40:1 and 1965, 366:2 by striking out said section 
and inserting in place thereof the following: 170:2 Child-Caring Agency. 
A child-caring agency is any person, firm, corporation or association who 
(1) operates or maintains a boarding home, foster home, or institution for 
children, or (2) receives for foster care, custody or control one or more chil- 
dren under the age of sixteen years unrelated by blood or marriage and 
separated from parent or guardian, except children committed by a court, 
or during part or all of the day regularly gives care to one or more unre- 
lated children, under twelve years, whether or not the care is given for 
compensation, and whether or not the service is known as a family day 
care home, child care center, day nursery, day care agency, child develop- 
ment center, nursery school, kindergarten, play school, progressive school, 
or by any other name. The term child-caring agency does not include a 
bona fide summer camp, a hospital, a public school, a private school ap- 
proved by the state board of education or a private home or other facility 
in which a child is left by his parent or guardian for temporary care for a 
period not exceeding thirty days in any calendar year. Such child-caring 
agencies shall keep a register of the name and address of each child, the 
name and address of his parent or guardian and the dates of his arrival 
and departure. Such register shall be available at any time for the inspec- 
tion of the director of welfare or his authorized representative. 

217:2 Repeal. RSA 125:37 thru 41 inclusive relative to the definition, 
registration and inspection of private nursery schools and private kinder- 
gartens are hereby repealed. 

217:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 5, 1969.] 
[Effective date August 4, 1969.] 



CHAPTER 218. 

AN ACT LICENSING INSURANCE CLAIMS ADJUSTERS. 

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

218:1 New Chapter. Amend RSA by inserting after chapter 402-A 
the following new chapter: 

Chapter 402-B 
Insurance Claims Adjusters 

402-B:l Prohibition. It is unlawful for any person, whether as agent 
or employee, to act directly or indirectly, as an insurance claims adjuster 
in this state for any insurance company unless licensed as provided in this 
chapter. 

402-B:2 Persons Exempt. The provisions of this chapter shall not ap- 
ply to the following: — (a) to claims processed by a salaried office employee. 



164 Chapter 218 [1969 

licensed company agent or licensed broker dealing with a claimant in con- 
junction with his other duties and (b) to attorneys and counsellors at law 
duly admitted to practice pursuant to the provisions oi RSA 311. 

402-B:3 Applications. Applications for licenses as an insurance claims 
adjuster shall be made in writing to the commissioner of insurance on 
forms prescribed by him stating the age, sex, domicile, line or lines of in- 
surance for which the applicant desires a license, and the place of business 
of the individual applicant. The commissioner shall require the applicant 
to set forth in his application such additional information as to his back- 
ground and trustworthiness as is reasonably required to inform the com- 
missioner of his character. The commissioner shall further require that the 
applicant submit three character affidavits signed by persons other than 
relatives who have known the applicant for not less than two years. Said 
affidavits shall state the opinion of the signer thereof as to the applicant's 
character and trustworthiness. 

402-B:4 Examination. Except as hereinafter provided, the commis- 
sioner of insurance shall not issue an original claims adjuster's license to 
any applicant therefor unless and until said applicant shall have satisfac- 
torily passed a reasonable written examination, which shall be administered 
by the commissioner, shall be in such form as said commissioner shall pre- 
scribe and shall be of sufficient scope to test the applicant's knowledge of 
insurance, the duties and responsibilities of a licensee, and the laws of the 
state applicable to insurance. The commissioner shall cause such examina- 
tions to be given at least four times annually. The commissioner is author- 
ized to publish and distribute printed material indicating the scope of the 
examination and suggested sources of study. The commissioner shall col- 
lect a fee of ten dollars from each applicant for each such examination or 
re-examination. 

402-B:5 — Exceptions. The commissioner shall waive the requirement 
of such examination in the following cases: 

I. Nonresident applicants who are licensed as insurance claims ad- 
justers in the states in which they reside, or if no license is required in said 
states, then nonresident applicants who have been engaged in the business 
of claims adjusting for a period of six months; 

II. Residents of the state who (a) have been engaged in the business 
of insurance claims adjusting prior to the effective date of this act or (b) 
prove to the commissioner that they have passed a course on insurance con- 
ducted by an insurance company or an educational institution which course 
the commissioner has approved; 

III. Attorneys-at-law. 

402-B:6 Rules and Regulations. The commissioner may make reason- 
able rules and regulations necessary to affect the purposes of this chapter. 

402-B:7 License to Issue. Upon satisfying himself that such applicant 
is in all respects properly qualified and of good character, and that the 
granting of such license is not against the public interest, the commissioner 
shall, upon the payment of the required fee, issue said applicant an insur- 
ance claims adjuster's license. 



1969] Chapter 218 165 

402-B:8 Fee. The commissioner of insurance shall collect the follow- 
ing fees which shall be paid into a special fund, hereby created, for use by 
the commissioner in administrating this chapter: 

I. For each original insurance claims adjuster's license, fifteen dollars. 

II. For each annual renewal, ten dollars. 

402-B:9 Form of License, Display. The insurance claims adjuster's 
license shall be in such form and contain such identifying information con- 
cerning the licensee as the commissioner of insurance shall prescribe. The 
licensee shall exhibit said license to each person, whether an insured, a 
claimant, a witness, a potential witness or any other informant with whom 
he may deal in the course of investigating or adjusting any claim or poten- 
tial claim prior to any such dealings and shall identify the name of the 
company for which he works and the name of the insured. 

402-B:10 Term; Renewals. Each insurance claims adjuster's license 
shall expire one year from the date of its issuance. Upon satisfactory proof 
of continued qualification and trustworthiness and the payment of the re- 
quired fee, the commissioner shall, without examination, unless required 
to sho^v qualification and trustworthiness, renew the license of any licensee 
upon its expiration. 

402-B:ll Temporary License. In the event of an emergency or dis- 
aster, the commissioner of insurance may, in his discretion, issue temporary 
licenses to persons he thinks are qualified. Said temporary license shall ter- 
minate at the discretion of the commissioner or one year from its issuance, 
whichever is sooner. The fee for said temporary license shall be the same 
as that provided in section 402-B:8. 

402-B:I2 Suspensiou or Revocation. The commissioner may for good 
cause shown, after notice and hearing, suspend or revoke the insurance 
claims adjuster's license of any holder. Such hearing may be held by the 
commissioner or any person designated by him. Any person aggrieved by 
said action of the commissioner or refused a license or renewal of the same 
by him may appeal in accordance with the provisions of RSA 541. 

402-B:13 Penalty. Any person who shall act within this state as an 
insurance claims adjuster without being licensed as herein provided, or 
any licensee who in the course of his work as an insurance claims adjuster 
shall misrepresent his identity or the identity of his principal or employer, 
or who shall wrongfully divulge information coming to him in his capacity 
as an insurance claims adjuster, shall be fined not more than five hundred 
dollars. Any licensee who has been convicted under the provisions of this 
section may have his license suspended or revoked in the discretion of the 
commissioner. 

218:2 Effective Date. This act shall take effect sixty days after its pas- 
sage, provided that no person shall be required to be licensed under the 
provisions of this act until one hundred and twenty days after the passage 
thereof. 

[Approved June 6, 1969.] 

[Effective date August 5, 1969, provided that no person shall be required to 
be licensed under the provisions of this act until October 4, 1969.] 



166 Chapter 219 [1969 

CHAPTER 219. 

AN ACT RELATIVE TO ICE FISHING ON GREAT BAY AND ITS TRIBUTARIES. 

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

219:1 Ice Fishing on Great Bay. Amend RSA 214 by inserting after 
section 1 the following new section: 214: 1-a License. No person shall at 
any time fish through the ice on Great Bay or its tributaries in this state 
without first procuring a license so to do, and then only in accordance with 
the terms of such license and subject to all the provisions of this title. 

219:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 6, 1969.] 
[Effective date August 6, 1969.] 



CHAPTER 220. 

AN ACT RELATIVE TO PRIVATE SKI TOWS. 

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

220:1 Exempt from Insurance Requirement. Amend RSA 225-A:26, I 
(supp) as inserted by 1963, 241:2, by inserting in line ten after the word 
"injury" the following (Provided, that operators of passenger tramways 
not open to the general public, operated without charge to the users there- 
of, need not maintain said insurance coverage. This exception shall not 
apply, however, to tramways operated by schools, ski clubs and other simi- 
lar organizations.) so that said paragraph as amended shall read as follows: 
I. Unless an operator is in violation of this chapter or the regulations of 
the board, which violation is causal of the injury complained of, no action 
shall lie against any operator by any skier or representative thereof; this 
prohibition shall not, however, prevent the maintenance of an action 
against an operator for negligent construction or maintenance of the pas- 
senger 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 pas- 
senger tramway base station is located and not otherwise. Each operator 
shall maintain liability insurance with limits of not less than ten thou- 
sand dollars for each injury. Provided, that operators of passenger tram- 
ways not open to the general public, operated without charge to the users 
thereof, need not maintain said insurance coverage. This exception shall 
not apply, however, to tramways operated by schools, ski clubs and other 
similar organizations. 

220:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 6, 1969.] 
[Effective date June 6, 1969.] 



1969] Chapter 221 167 

CHAPTER 221. 

AN ACT RELATIVE TO THE FILING OF ANNUAL RETURNS BY FOREIGN CORPORATIONS. 

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

221:1 Need not File in Certain Cases. Amend RSA 294:105 by in- 
serting in line seven after the word "request" the following (Provided, that 
a foreign corporation that has received its certificate of authority pursuant 
to the provisions of RSA 300:4 at any time between December first of the 
preceding year and April first, shall not be required to file said return dur- 
ing that year) so that said section as amended shall read as follows: 294:105 
Returns. Every business corporation, including foreign corporations doing 
business in this state, except public utility or other corporations making 
annual returns to the public utilities commission or the insurance com- 
missioner, and except holders of certificates of approval under the provi- 
sions of section 26 of chapter 181, RSA, shall annually, on or before April 
first, make a return in writing to the secretary of state upon blanks to be 
furnished by him upon request. Provided, that a foreign corporation that 
has received its certificate of authority pursuant to the provisions of RSA 
300:4 at any time between December first of the preceding year and April 
first, shall not be required to file said return during that year. 

221:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 6, 1969.] 
[Effective date August 5, 1969.] 



CHAPTER 222. 

AN ACT RELATIVE TO BRIDGE INSPECTION. 

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

convened: 

222:1 Bridge Inspection. Amend RSA by inserting after chapter 242 
the following new chapter: 

Chapter 242-A 
Bridge Inspection 

242-A: 1 Policy. It is hereby declared to be the policy of this state that 
bridges on regularly maintained highways be inspected as herein provided. 

242-A:2 Bridges on Class I, II and III Highways. The commissioner of 
public -^vorks and highways shall make an annual inspection of bridges on 
class I, II and III highways. Records of said inspections shall be kept by 
the department of public works and highways. The commissioner of public 
works and highways may employ such assistants, engineers or consulting 
services as may be necessary to carry out the provisions of this chapter. 

242-A:3 Bridges on Class IV and V Highways and Municipally Main- 
tained Bridges on Class II Highways. The town or city official in charge 



168 Chapter 223 [1969 

of highways, or the selectmen of a town, shall make a biennial inspection 
o'f bridges on class IV or V highways and town or city maintained bridges 
on class II highways. Records of said inspection shall be kept by the town 
or city. Such town or city officials, or the selectmen of a town, may employ 
such assistants, engineers or other services as may be necessary to carry out 
the provisions of this section, 

242-A:4 Assistance to Towns and Cities. The commissioner of public 
works and highways may, upon request of any town or city, inspect a bridge 
or bridges in said town or city and supply a copy of the record of said in- 
spection at no expense to the town or city, provided that sufficient qualified 
personnel are available to make such inspections. 

222:2 Effective Date. This act shall take effect on January 1, 1970. 
[Approved June 6, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 223. 

AN ACT RELATIVE TO DISCRIMINATION IN HOUSING. 

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

223:1 Defimtions. Amend RSA 354-A:3 (10), as inserted by 1965, 297:1, 
by striking out said paragraph and inserting in place thereof the following 
paragraph: (10) The term "dwelling" means any building, structure, or 
portion thereof which is occupied as, or designed or intended for occupancy 
as, a residence by one or more families, and any vacant land which is of- 
fered for sale or lease for the construction or location thereon of any such 
building, structure, or portion thereof. 

223:2 Unlawful Discriminatory Practices. Amend RSA 354-A:8 V, as 
inserted by 1965, 297:1 by striking out said paragraph and inserting in place 
thereof the following paragraph: V. For any person, being the owner, 
lessee, sublessee, assignee, managing agent or other person having the right 
to rent or lease a dwelling or being in the business of selling or renting 
dwellings; (a) to refuse to sell or rent after the making of a bona fide offer, 
or to refuse to negotiate for the sale or rental of, or otherwise make unavail- 
able or deny, a dwelling to any person because of race, color, religion, or 
national origin; (b) to discriminate against any person in the terms, condi- 
tions, or privilege of sale or rental of a dwelling, or in the provision of 
services or facilities in connection therewith, because of race, color, re- 
ligion or national origin; (c) to make, print or publish, or cause to be made, 
printed, or published any notice, statement or advertisement, with respect 
to the sale or rental of a dwelling that indicates any preference, limitation, 
or discrimination based on race, color, religion, or national origin, or an 
intention to make any such preference, limitation, or discrimination; (d) 
to represent to any person because of race, color, religion, or national or- 
igin that any dwelling is not available for inspection, sale, or rental when 
such dwelling is in fact so available. 



1969] Chapter 223 169 

Nothing herein contained shall be construed to bar any religious or 
denominational institution or organization, or any organization operated 
for charitable or educational purposes, which is operated, supervised or 
controlled by or in connection with a religious organization, from limiting 
admission to or giving preference to persons of the same religion or de- 
nomination or from making such selection as is calculated by such organ- 
ization to promote the religious principles for ^vhich it is established or 
maintained. 

The provisions of this paragraph shall not apply (1) to the sale or rental 
of any single-family house sold or rented by the owner, if such owner does 
not own more than three such single-family houses at any one time, if such 
house is sold or rented (a) without the use in any manner of the sales or 
rental facilities or the sales or rental services of any real estate broker, agent, 
or salesman, or of such facilities or services of any person in the business 
of selling or renting dwellings, or of any employee or agent of any such 
broker, agent, salesman, or person, and (b) -without the publication, post- 
ing or mailing, after notice, of any advertisement or written notice in vio- 
lation of subparagraph 8 V (c) above; but nothing in this paragraph shall 
prohibit the use of attorneys, escrow agents, abstractors, title companies, 
and other such professional assistance as necessary to perfect or transfer 
the title; or (2) to the rental of a housing accommodation in a building 
which contains housing accommodations for not more than three families 
living independently of each other, if the owner or members of his family 
reside in one of such housing accommodations; or (3) to the rental of a 
room or rooms in a housing accommodation if such rental is by the occu- 
pant of the housing accommodation or by the owner of the housing ac- 
commodation and he or members of his family reside in such housing 
accommodation. 

For purposes of this paragraph, a person shall be deemed to be in the 
business of selling or renting dwellings if: (1) he has, within the preceding 
twelve months, participated as principal in three or more transactions in- 
volving the sale or rental of any d^velling or any interest therein, or (2) he 
has, within the preceding twelve months, participated as agent, other than 
in the sale of his own personal residence in providing sales or rental fa- 
cilities or sales or rental services in t^vo or more transactions involving the 
sale or rental of any dwelling or any interest therein, or (3) he is the owner 
of any dwelling designed or intended for occupancy by, or occupied by, five 
or more families. 

223:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 11, 1969.] 
[Effective date August 10, 1969.] 



170 Chapter 224 [1969 

CHAPTER 224. 

AN ACT RATIFYING THE NEW ENGLAND STATE POLICE COMPACT. 

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

224:1 New Chapter. Amend RSA by inserting after chapter 106-C as 
inserted by 1967, 431:1 the following new chapter: 

Chapter 106-D 
New England State Police Compact 

106-D: 1 Compact Ratified. The general court of this state hereby rati- 
fies the following compact to become effective at such time as the legislative 
bodies of any three of the eligible states also ratify it. 

New England State Police Compact 
Article I. Purposes 

The purposes of this compact are to: 

A. Provide close and effective cooperation and assistance in detecting 
and apprehending those engaged in organized criminal activities. 

B. Establish and maintain a central criminal intelligence bureau to 
gather, evaluate and disseminate to the appropriate law enforcement officers 
of the party state information concerning organized crime, its leaders and 
their associates; 

C. Provide mutual aid and assistance in the event of police emergen- 
cies, and to provide for the powers, duties, rights, privileges and immunities 
of police personnel when rendering such aid. 

Article II. Entry into Force and Withdrawal 

A. This compact shall enter into force when enacted into law by any 
three of the states of Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island and Vermont. Thereafter, this compact shall become effective 
as to any other of the aforementioned states upon its enactment thereof. 

B. Any party state may withdraw from this compact by enacting a 
statute repealing the same, but no such withdrawal shall take effect until 
one year after the governor of the withdrawing state has given notice in 
writing of the withdrawal to the governors of all other party states. No 
withdrawal shall affect any liability already incurred by or chargeable to 
a party state prior to the time of such withdrawal, and any records, files, 
or information obtained by officers or employees of a withdrawing state 
shall continue to be kept, used, and disposed of only in such manner as is 
consistent with this compact and any rules or regulations pursuant thereto. 

Article III. The Conference 

A. There is hereby established the "New England State Police Admin- 
istrators' Conference," hereinafter called the "conference", to be composed 
of the administrative head of the state police department of each party 
state. 



1969] Chapter 224 171 

B. If authorized by the laws of his party state, the administrative head 
of the state police department of a party state may provide for the dis- 
charge of his duties and the performance of his functions on the confer- 
ence, for periods none of which shall exceed fifteen days, by an alternate. 
No such alternate shall be entitled to serve unless notification of his iden- 
tity and appointment shall have been given to the conference in such form 
as the conference may require. 

C. An alternate serving pursuant to subdivision (B) of this article 
shall be selected only from among the officers and employees of the state 
police department, the head of which such alternate is to represent. 

D. The members of the conference shall be entitled to one vote each. 
No action of the conference shall be binding unless taken at a meeting at 
which a majority of the total number of votes on the conference are cast 
in favor thereof. Action of the conference shall be only at a meeting at 
which a majority of the members of the conference, or their alternates, are 
present. 

E. The conference shall have a seal. 

F. The conference shall elect annually, from among its members, a 
chairman, (who shall not be eligible to succeed himself) a vice chairman, 
and a treasurer. The conference shall appoint an executive secretary and 
fix his duties and compensation. Such executive secretary shall serve at the 
pleasure of the conference, and together with the treasurer shall be bonded 
in such amount as the conference shall determine. The executive secretary 
also shall serve as general secretary of the conference. 

G. Irrespective of the civil service, personnel or other merit system 
laws of any of the party states, the executive secretary subject to the direc- 
tion of the conference, shall appoint, remove or discharge such personnel 
as may be necessary for the performance of the conference functions, and 
shall fix the duties and compensation of such personnel. 

H. The conference may establish and maintain independently or in 
conjunction with any one or more of the party states, a suitable retirement 
system for its full time employees. Employees of the conference shall be 
eligible for social security coverage in respect of old age and survivor's in- 
surance provided that the conference takes such steps as may be necessary 
pursuant to the laws of the United States, to participate in such program 
of insurance as a governmental agency or unit. The conference may estab- 
lish and maintain or participate in such additional programs of employee 
benefits as may be appropriate. Employment by the conference of a retired 
officer or employee of a party state shall not affect the pension or other 
retirement-connected benefits paid to such officer or employee by a party 
state. 

I. The conference may borrow, accept or contract for the services 
of personnel from any party state, the United States, or any subdivision or 
agency of the aforementioned governments, or from any agency of two 
or more of the party states or their subdivisions. 

J. The conference may accept for any of its purposes and functions 
under this compact any and all donations, grants of money, equipment, 



172 Chapter 224 [1969 

supplies, materials, and services, conditional or otherwise, from any state, 
the United States, or any governmental agency, or from any person, firm 
or corporation, and may receive, utilize and dispose of the same. The con- 
ference shall publish in its annual report the terms, conditions, character, 
and amount of any resources accepted by it pursuant hereto together with 
the identity of the donor. 

K. The conference may establish and maintain such facilities as may 
be necessary for the transacting of its business. The conference may acquire, 
hold, and convey real and personal property and any interest therein. 

L. The conference shall adopt bylaws for the conduct of its business 
and shall have the power to amend and rescind these bylaws. The confer- 
ence shall publish its bylaws in convenient form and shall file a copy thereof 
and a copy of any amendment thereto, w^ith the appropriate agency or 
officer in each of the party states. The bylaws shall provide for appropriate 
notice to the conference members of all conference meetings. 

M. The conference annually shall make to the governor and legisla- 
ture of each party state a report covering the activities of the conference 
for the preceding year, and embodying such recommendations as may have 
been issued by the conference. The conference may make such additional 
reports as it may deem desirable. 

Aiticle IV. Conference Powers 

The conference shall have power to: 

A. Establish and operate a New England Criminal Intelligence Bu- 
reau, hereinafter called "the bureau", in which shall be received, assembled 
and kept case histories, records, data, personal dossiers, and other informa- 
tion concerning persons engaged or otherwise associated with organized 
crime. 

B. Consider and recommend means of identifying leaders and emerg- 
ing leaders of organized crime and their associates. 

C. Facilitate mutual assistance among the state police of the party 
states pursuant to Article VII of this compact. 

D. Formulate procedures for claims and reimbursements, pursuant to 
Article VII of this compact. 

E. Promote cooperation in law enforcement and make recommenda- 
tions to the party states and other appropriate law enforcement authorities 
for the improvement of such cooperation. 

F. Do all things which may be necessary and incidental to the exercise 
of the foregoing powers. 

Article V. Disposition of Records and Information 

The bureau established and operated pursuant to Article IV A of this 
compact is hereby designated and recognized as the instrument for the per- 
formance of a central criminal intelligence service to the state police de- 
partments of the party states. The files, records, data and other information 
of the bureau and, when made pursuant to the bylaws of the conference, 
any copies thereof shall be available only to duly designated officers and 



1969] Chapter 224 173 

employees of the state police departments of the party states acting within 
the scope of their official duty. In the possession of the aforesaid officers 
and employees, such records, data and other information shall be subject 
to use and disposition in the same manner and pursuant to the same laws, 
rules and regulations applicable to similar records, data, and information of 
the officer's or employee's agency and the provision of this compact. 

Article VI. Additional Meetings and Services 

The members of the conference from any two or more party states, 
upon notice to the chairman as to the time and purpose of the meeting, 
may meet as a section for the discussion of problems common to their states. 
Any two or more party states may designate the conference as a joint agency 
to maintain 'for them' such additional common services as they may deem 
desirable for combating organized crime. 

Except in those cases where all party states join in such designation for 
common services, the representative of any group of such designating states 
in the conference shall constitute a separate section of such conference for 
the performance of the common service or services so designated provided 
that, if any additional expense is involved, the state so acting shall provide 
the necessary funds for this purpose. The creation of such a section or joint 
agency shall not affect the privileges, po'^vers, responsibilities or duties of 
the states participating therein as embodied in the other articles of this 
compact. 

Article VII. Mutual Aid 

A. As used in this Article: 

1. "Emergency" means an occurrence or condition, temporary in na- 
ture, in Avhich the state police department of a party state is, or may rea- 
sonably be expected to be, unable to cope with substantial and imminent 
danger to the public safety, and in which the cooperation of or aid from 
local police forces within the state is, or may reasonably be expected to be 
insufficient. Also "emergency" shall mean a situation in which an investiga- 
tion of an aspect of organized crime, or events connected with organized 
crime require augmentation, for a limited time, of the investigative per- 
sonnel of the state police department from without the state. 

2. "Requesting state" means the state whose state police department 
requests assistance in coping with an emergency. 

3. "Responding state" means the state furnishing aid, or requested to 
furnish aid, pursuant to this Article. 

B. In case of emergency, upon the request of the administrative head 
of the state police department of a party state, the administrative head 
of the state police department of each responding state, shall order such 
part of his state police forces as he, in his discretion, may find necessary, 
to aid the state police forces of the requesting state in order to carry out 
the purposes set forth in this compact. In such case, it shall be the duty of 
the administrative head of the state police department of each responding 
state to issue the necessary orders for such use of state police forces of his 
state without the borders of his state, and to direct such forces to place 



174 Chapter 224 [1969 

themselves under the operational control of the administrative head of the 
state police department of the requesting state. 

C. The administrative head of the state police department of any 
party state, in his discretion, may withhold or recall the police forces of his 
state or any part or any member thereof, serving without its borders. 

D. Whenever any of the state police forces of any party state are en- 
gaged outside their own state in carrying out the purposes of this compact, 
the individual members so engaged shall have the same powers, duties, 
rights, privileges and immunities as members of the state police department 
of the state in which they are engaged, but in any event, a requesting state 
shall save harmless any member of a responding state police department 
serving within its borders for any act or acts done by him in the perform- 
ance of his duty while engaged in carrying out the purposes of this com- 
pact. 

E. All liability that may arise under the laws of the requesting state 
or under the laws of the responding state or under the laws of a third state 
on account of or in connection with a request for aid, shall be assumed and 
borne by the requesting state. 

F. Any responding state rendering aid pursuant to this compact shall 
be reimbursed by the requesting state for any loss or damage to, or expense 
incurred in the operation of any equipment answering a request for aid, 
and for the cost of materials, transportation and maintenance of state police 
personnel and equipment incurred in connection with such request: pro- 
vided, that nothing herein contained shall prevent any responding state 
from assuming such loss, damage, expenses or other cost. 

G. Each party state shall provide, in the same amounts and manner 
as if they were on duty within their state, for the pay and allowances of 
the personnel of its state police department while engaged without the state 
pursuant to this compact and while going to and returning from such duty 
pursuant to this compact. 

H. Each party state providing for the payment of compensation and 
death benefits to injured members and the representatives of deceased mem- 
bers of its state police department in case such members sustain injuries 
or are killed within their own state, shall provide for the payment of com- 
pensation and death benefits in the same manner and on the same terms 
in case such members sustain injury or are killed while rendering aid pur- 
suant to this compact. 

Article VIII. Finance 

A. The conference shall submit to the governor or designated officer 
or officers of each party state a budget of its estimated expenditures for 
such period as may be required by the laws of that party state for presenta- 
tion to the legislature thereof. 

B. Each of the conference's budgets of estimated expenditures shall 
contain specific recommendations of the amount or amounts to be appro- 
priated by each of the party states. The total amount of appropriations 
under any such budget shall be apportioned among the party states as fol- 
lows: One-third in equal shares; one-third divided among the party states 



1969] Chapter 224 175 

in the proportions that their population bear to the total population of 
all the party states; and one-third divided among the party states in the 
proportions that the major crimes committed in each party state bear to 
the total number of major crimes committed in all the party states. In de- 
termining population pursuant to this paragraph, the most recent decen- 
nial census compiled by the United States Government shall be used. Num- 
bers of major crimes shall be as reported in the most recent annual 
"Uniform Crime Report" compiled by the Federal Bureau of Investigation 
of the United States Department of Justice, or by any agency which may 
assume responsibility for such compilation in the place of such bureau. In 
the event that any source of information required to be used for the pur- 
pose of this paragraph shall be discontinued, the conference shall make 
its calculations on the basis of the best alternative sources of information 
and shall identify the sources used. 

C. The conference shall not pledge the credit of any party state. The 
conference may meet any of its obligations in whole or in part with funds 
available to it under Article III J of this compact, provided that the con- 
ference takes specific action setting aside such funds prior to incurring any 
obligation to be met in whole or in part in such manner. Except where the 
conference makes use of funds available to it under Article III J hereof, 
the conference shall not incur any obligation prior to the allotment of 
funds by the party states adequate to meet the same. 

D. The conference shall keep accurate accounts of all receipts and 
disbursements. The receipts and disbursements of the conference shall be 
subject to the audit and accounting procedures established under its rules. 
However, all receipts and disbursements of funds handled by the confer- 
ence shall be audited yearly by a qualified, public accountant and the re- 
port of the audit shall be included in and become part of the annual report 
of the conference. 

E. The accounts of the conference shall be open at any reasonable 
time for inspection by duly constituted officers of the party states and any 
persons authorized by the conference. 

F. Nothing contained herein shall be construed to prevent conference 
compliance with laws relating to audit or inspection of accounts by or on 
behalf of any government contributing to the support of the conference. 

Article IX. Construction and Severability 

This compact shall be liberally construed so as to effectuate the pur- 
poses thereof. The provisions of this compact shall be severable and if any 
phrase, clause, sentence or provision of this compact is declared to be con- 
trary to the Constitution of any state or of the United States or the applic- 
ability thereof to any government, agency, person or circumstance is held 
invalid, the validity of the remainder of this compact and the applicability 
thereof to any government, agency, person or circumstance shall not be 
affected thereby. If this compact shall be held contrary to the constitution 
of any state participating herein, the compact shall remain in full force and 
effect as to the remaining party states and in full force and effect as to the 
state affected as to all severable matters. 



176 Chapter 224 [1969 

106-D:2 Director, Division of State Police. For the purposes of this 
act, the director of the division of state poHce shall be this state's repre- 
sentative to the conference. 

106-D:3 Powers of Director. The director shall not request aid from 
■^sithout the state, pursuant to Article VII B of the compact, until he has 
received the concurrence of the governor in such request. The governor, 
in his discretion, may -^vithhold or recall the police forces of this state or 
any part or any member thereof, serving •without its borders. 

106-D:4 Alternate to Conference. The director is authorized to desig- 
nate an alternate to serve in his place and stead on the conference as per- 
mitted by Article III B - C of the compact. However, it is the intention of 
the legislature that the director shall attend and participate in the work 
of the conference in person to the maximum extent practicable. 

106-D:5 Retirement System. The New England State Police Confer- 
ence may, by resolution legally adopted in form approved by the board of 
trustees of the New Hampshire retirement system, elect to have its New 
Hampshire officers and employees become eligible to participate in the said 
retirement system. After such election, said conference shall be known as 
an employer for the purposes of RSA 100-A. The board of trustees of the 
NcAv Hampshire retirement system shall set a date when the participation 
of the officers and employees of the conference shall become effective, and 
then such officers and employees may become members of the said retire- 
ment system and participate therein. 

106-D:6 Membership Retirements. Membership in the New Hamp- 
shire retirement system shall be optional for the New Hampshire officers 
and employees of said conference who are in its service on the date when 
participation becomes efEective and any such officer or employee who elects 
to join said system shall be entitled to a prior service certificate covering 
such periods of previous service rendered to such conference or the state 
for which the conference is ^villing to make accrued liability contributions. 
Membership shall be compulsory for all New Hampshire employees enter- 
ing the service of the conference after the date participation becomes ef- 
fective. 

1C6-D:7 Reports. The chief fiscal officer of the conference shall submit 
to the board of trustees such information and shall cause to be performed, 
with respect to the New Hampshire employees of said conference who are 
members of said retirement system, such duties as shall be prescribed by 
the board of trustees in order to carry out the provisions of the state em- 
ployees' retirement system. 

106-D:8 Repeal of Compact. Renunciation, within the meaning of 
Article II of the compact shall be accomplished by act of the legislature 
repealing the compact and by notice in accordance with said article. In 
the event of such an act of repeal, the governor shall send the necessary 
notice to the other party states. 

224:2 Effective Date. This act shall take effect upon passage. 
[Approved June 11, 1969.] 
[Effective date June 11, 1969.] 



1969] Chapter 225 177 

CHAPTER 225. 

AN ACT TO APPLY A RULE OF COMPARATIVE NEGLIGENCE IN TORT CASES. 

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

225:1 Rule Applied. Amend RSA 507 by inserting after section 7 the 
following new section: 507:7-a Comparative Negligence. Contributory neg- 
ligence shall not bar recovery in an action by any plaintiff, or his legal rep- 
resentative, to recover damages for negligence resulting in death, personal 
injury, or property damage, if such negligence was not greater than the 
causal negligence of the defendant, but the damages awarded shall be 
diminished, by general verdict, in proportion to the amount of neghgence 
attributed to the plaintiff; provided that where recovery is allowed against 
more than one defendant, each such defendant shall be liable for that pro- 
portion of the total dollar amount a^varded as damages in the ratio of the 
amount of his causal negligence to the amount of causal negligence attrib- 
uted to all defendants against whom recovery is allowed. 

225:2 Repeal of Contrary Rule. RSA 507:8, relating to contributory 
negligence as a defense, is hereby repealed. 

225:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 226. 

AN ACT ALLOWING THE STATE BOARD OF EXAMINERS TO SET THE 
RENEWAL FEES FOR PSYCHOLOGISTS. 

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

226:1 Psychologists; Renewal Fees. Amend RSA 330-A:17 as inserted 
by 1957, 121:1 by striking out in line eight the words "of five dollars" and 
inserting in place thereof the follo-^ving (as set by the board, provided that 
said fee shall not exceed twenty dollars) so that said section as amended 
shall read as follows: 330-A:17 Expirations and Renewals. Certificates of 
registration shall expire each year on June 30 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 expira- 
tion of his certificate and the amount of the fee that shall be required for 
its renewal for one year; such notice shall be mailed at least one month in 
advance of the date of expiration of such certificate. Renewal may be ef- 
fected by the payment of a fee as set by the board, provided that said fee 
shall not exceed twenty dollars. 

226:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 13, 1969.] 
[Effective date June 13, 1969.] 



178 Chapter 227 [1969 

CHAPTER 227. 

AN ACT RELATIVE TO ORGANIZED TIME TRIALS FOR MOTOR VEHICLES ON ROADS IN 
ROLLINS STATE PARK AT KEARSARGE MOUNTAIN. 

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

227:1 Organized Time Trials for Motor Vehicles. Amend RSA 263 
by inserting after section 59 the following new section: 263:59-a Rollins 
State Park. Notwithstanding the provisions of section 59 to the contrary, 
time trials of motor vehicles may be held on the roads in Rollins State Park 
at Kearsarge Mountain under the following conditions: 

I. Trials shall be allowed only at such times as the park is closed to 
the public. 

II. The director of parks may issue permits for holding such trials 
only to recognized sports car clubs duly registered in the office of the secre- 
tary of state. 

III. The director of parks may establish rules and regulations for said 
trials and fix the fees to be paid for each weekend trial. 

IV. The sponsoring club must provide radio coverage on the course 
and at intermediate check points. 

V. The operators of said motor vehicles shall be required to carry 
insurance coverage at limits established by the director. 

VI. No alcoholic beverages shall be allowed to be possessed at said 
trial course. 

227:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 228. 

AN ACT TO ALLOW THE TRUSTEES OF THE RETIREMENT SYSTEM TO ADJUST DISABILITY 

INCOME IN THE STATE EMPLOYEES RETIREMENT SYSTEM AND IN 

THE NEW HAMPSHIRE RETIREMENT SYSTEM. 

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

228:1 New Hampshire Retirement System. Amend RSA 100-A:6, III 
(b) (supp) as inserted by 1967, 134:1 by striking out in line four and in 
line six the word "shall" and inserting in place thereof the word (may) so 
that said subparagraph as amended shall read as follows: (b) If the board 
of trustees finds that any disability beneficiary is engaged in or is able to 
engage in a gainful occupation paying more than the difference between 
his retirement allowance and his average final compensation at retirement, 
then his state annuity may be reduced to an amount which, together with 



1969] Chapter 229 179 

his member annuity and the amount earnable by him, may equal his aver- 
age final compensation at retirement. If his earning capacity is later changed, 
his state annuity may be modified; provided that the new state annuity shall 
not exceed the amount of the state annuity originally granted nor an 
amount which, when added to the amount earnable by him, together with 
his member annuity, equals his average final compensation at retirement. 

228:2 State Employees Retirement System. Amend RSA 100:7, VI by 
striking out said paragraph and inserting in place thereof the following: 
VI. If the board of trustees finds that any disability beneficiary is engaged 
in or is able to engage in a gainful occupation paying more than the dif- 
ference between his retirement allowance and his average final compensa- 
tion at retirement, then his state annuity may be reduced to such amount 
as is just and equitable under all the circumstances. If his earning capacity 
is later changed, his state annuity may be further modified; provided that 
the new state annuity shall not exceed the amount of the state annuity orig- 
inally granted. 

228:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 229. 

AN ACT CREATING THE POSITION OF DIRECTOR IN THE STATE VETERANS COUNCIL. 

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

229:1 State Veterans Service Officer. Amend RSA 115:4 by striking out 
in lines two and three the words "state veterans service officer" and insert- 
ing in place thereof the following (director of the veterans council) so that 
said section as amended shall read as follows: 115:4 Director of Veterans 
Council. Said council shall, with the approval of the governor and council, 
appoint a director of the veterans council, who shall be an honorably dis- 
charged veteran of a war in which the United States was engaged. He shall 
serve during the pleasure of the council and shall perform such duties as 
the council shall determine. 

229:2 Salary of Director. Amend RSA 115:5 by striking out in line one 
the word "officer" and inserting in place thereof the following (director) 
so that said section as amended shall read as follows: 115:5 — Salary. The 
annual salary of such director shall be that prescribed by RSA 94:1-4. 

229:3 Effective Date. This act shall take effect upon its passage. 
[Approved June 13, 1969.] 
[Effective date June 13, 1969.] 



180 Chapter 230 [1969 

CHAPTER 230. 

AN ACT RELATIVE TO THE OPEN SEASON ON FISHER IN ROCKINGHAM, STRAFFORD, 
CARROLL, MERRIMACK AND BELKNAP COUNTIES. 

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

230:1 Open Season on Fisher. Amend RSA 210:3-a (supp) as inserted 
by 1965, 271:1 and amended by 1967, 441:1 by striking out said section and 
inserting in place thereof the following so that said section as amended 
shall read as follows: 210:3-a Open Season. There shall be no open season 
for fisher, except that fisher may be taken and possessed from November 
first to November thirtieth with the aid of and by the use of dog and gun 
and/or traps in the counties of Merrimack and Belknap, and from No- 
vember first to March thirty-first in the counties of Strafford, Rockingham 
and Carroll. Whoever violates the provisions of this section shall be fined 
not less than ten dollars for the first and not more than fifty dollars for each 
additional fisher taken and possessed in violation hereof. 

230:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 231. 

AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN MUNICIPAL RECORDS. 

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

231:1 Public Utility and Other Highway Licenses. Amend RSA 33-A:4, 
IV (d), as inserted by 1967, 105:1, by striking out said subparagraph and 
inserting in place thereof the following new subparagraph: 

(d) 1 Public utility and other highway licenses Permanent Microfilm 
2 All other licenses 3 years Destroy 

231:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 232. 

AN ACT RELATIVE TO REGULATIONS TO ENABLE VOTERS OUTSIDE THE 
UNITED STATES TO REGISTER. 

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



1969] Chapter 233 181 

232:1 Registration. Amend the introductory paragraph of RSA 55:25 
(supp) as inserted by 1967, 271:1 by striking out in line two the word 
"ninety" and inserting in place thereof the word (forty-five) so that said 
introductory paragraph shall read as follows: Any such person may, not 
later than forty-five days prior to such election, apply to the secretary of 
state for an absentee registration affidavit. Such affidavit shall be prepared 
by the secretary of state, and shall be in substantially the following form: 

232:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 233. 

AN ACT RELATIVE TO THE PRACTICE OF MEDICINE BY ALIENS. 

Be it Enacted by the Senate and House of Representatives in General Court 
conve7ied: 

233:1 Temporary License; Aliens. Amend RSA 329:15 by striking out 
said section and inserting in place thereof the following new section: 329:15 
Temporary License; Aliens. Any applicant, not a citizen of the United 
States or Canada, who is otherwise qualified for licensure, shall be granted 
a temporary license, valid for a period not to exceed five years. This tem- 
porary license shall be granted only after the physician has furnished proof 
that he is committed to the establishment of practice in Ne-\v Hampshire. 
The board shall issue a permanent license to the holder of a temporary 
license if and when said holder becomes a citizen of the United States and 
submits proof that he has practiced the profession of medicine continuously 
in this state since obtaining his temporary license. 

233:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 234. 

AN ACT RELATIVE TO AUDITS AND EXCLUSIVE CIVIL JURISDICTION OF 
DISTRICT COURTS. 

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

234:1 District Courts. Amend RSA 502-A as inserted by 1963, 331:1 
by inserting after section 9 the following new section: 502-A:9-a Audits. 
The records and accounts of the district courts shall be audited annually 
by a competent accountant appointed by the municipality in which the dis- 



182 Chapter 234 [1969 

trict court is located. The administrative committee of the district and 
municipal courts shall supervise the annual audits. The cost of the annual 
audits shall be paid by the municipality. If the municipality fails to pro- 
vide an annual audit the justice of a district court after consultation with 
the administrative committee shall have an audit made and the cost of 
same shall be paid out of court funds. Copies of all audits required here- 
under shall be filed with the administrative committee and any deficiencies 
noted shall be brought to the attention of the justice of the district court 
by said committee. Where the report indicates a shortage of funds or other 
violation of the law, the matters may be referred to the county attorney for 
appropriate action. The audit reports shall include a summary of the an- 
nual receipts and disbursements by the court and indicate, in the form of 
a questionnaire completed by the auditor, whether or not the basic court 
records are being properly maintained. In addition the auditor will make 
comments and recommendations with respect to matters of special con- 
cern, which include a statement of the total number of criminal, civil, small 
claim and juvenile cases, the prompt deposit of all funds received in 
amounts corresponding to receipts, the prompt docketing of all complaints 
filed and prompt completion of entries in the dockets and cash books and 
the disbursement of funds to the proper agency of government by the fifth 
of each month, A report shall also be made when clerks fail to reconcile 
their accounts, total the receipt book monthly and reconcile the balance 
with the bank statement. If an audit other than the annual audit is re- 
quired the administrative committee may conduct such an audit, the cost 
of which shall be paid from court funds of the court so audited. 

234:2 Municipal Courts. Amend RSA 502 by inserting after section 
502:15-b the following new section: 502:I5-c Audits. The records and ac- 
counts of the municipal courts shall be audited annually by a competent 
accountant appointed by the municipality in which the municipal court 
is located. The administrative committee of the district and municipal 
court shall supervise the annual audits. The cost of the annual audits shall 
be paid by the municipality. If the municipality fails to provide an annual 
audit the justice of a municipal court after consultation with the admin- 
istrative committee shall have an audit made and the cost of same shall be 
paid out of court funds. Copies of all audits required hereunder shall be 
filed with the administrative committee and any deficiencies noted shall 
be brought to the attention of the justice of the municipal court by said 
committee. Where the report indicates a shortage of funds or other viola- 
tion of the law, the matters may be referred to the county attorney for 
appropriate action. The audit reports shall include a summary of the an- 
nual receipts and disbursements by the court and indicate, in the form of 
a questionnaire completed by the auditor, whether or not the basic court 
records are being properly maintained. In addition the auditor will make 
comments and recommendations with respect to matters of special concern, 
which include a statement of the total number of criminal, civil, small claim 
and juvenile cases, the prompt deposit of all funds received in amounts cor- 
responding to receipts, the prompt docketing of all complaints filed and 
proper completion of entries in the dockets and cash books and the dis- 
bursement of funds to the proper agency or government by the fifth or 
each month. A report shall also be made when clerks fail to reconcile their 



1969] Chapter 234 183 

accounts, total the receipt book monthly and reconcile the balance with 
the bank statement. If an audit other than the annual audit is required 
the administrative committee may conduct such an audit, the cost of which 
shall be paid from court funds of the court so audited. 

234:3 Civil Causes. Amend RSA 502-A:14, I, as inserted by 1963, 331:1, 
and amended by 1965, 327:1, and 1967, 438:2, by inserting in line one after 
the word "Nashua" the following (Goffstown, Milford, Peterborough) and 
by inserting in line two after the word "Portsmouth" the following (Exeter, 
Derry, Salem) and by inserting after the words "and the" in line five the 
words (plaintiff or) so that said paragraph as amended shall read as follows: 

I. Exclusive Jurisdiction. Manchester, Nashua, Goffstown, Milford, 
Peterborough, Concord, Keene, Laconia, Hampton, Portsmouth, Exeter, 
Derry, Salem and Dover district courts shall have original and exclusive 
jurisdiction of civil cases in which the damages claimed do not exceed five 
hundred dollars, the title to real estate is not involved and the plaintiff 
or defendant resides within the district. In all such actions as herein pro- 
vided the parties shall be heard by the justice or special justice and the 
findings of fact shall be final but questions of law may be transferred to 
the supreme court in the same manner as from the superior court. In addi- 
tion, each such court shall have concurrent jurisdiction with the superior 
court of civil actions for damages in which the damages claimed exceed 
five hundred dollars but do not exceed fifteen hundred dollars with the 
powers conferred upon other district courts in the exercise of concurrent 
jurisdiction with the superior court by paragraphs II and III hereof. 

234:4 Actions for Damages. Amend RSA 502-A:14, II as inserted by 
1963, 331:1 and amended by 1965, 327:1, by striking out the words "and the" 
in line three and inserting in place thereof the words (the title to real es- 
state is not involved and the plaintiff or) so the paragraph as amended will 
read as follows: II. Concurrent Jurisdiction. All district courts shall have 
concurrent jurisdiction with the superior court of civil actions for damages 
in which the damages claimed do not exceed fifteen hundred dollars, the 
title to real estate is not involved and the plaintiff or defendant resides 
within the district where such court is located. In all such actions unless 
trial by jury is claimed as hereinafter provided, the parties shall be heard 
by the justice or special justice and the findings of fact shall be final but 
questions of law may be transferred to the supreme court in the same man- 
ner as from the superior court. 

234:5 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



184 Chapter 235 [1969 

CHAPTER 235. 

AN ACT TO ALLOW THE COURT TO APPOINT A GUARDIAN AD LITEM TO PROTECT THE 
INTERESTS OF CHILDREN IN DIVORCE AND SEPARATION PROCEEDINGS. 

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

235:1 Guardian ad Litem, Amend RSA 458 by inserting after section 
17 the following new section: 458:17-a Guardian ad Litem. In all proceed- 
ings for divorce, nullity, or legal separation, the court may appoint a 
guardian ad litem to represent the interests of the children of the marriage. 
Said guardian ad litem may continue to serve after the final decree has been 
granted. 

235:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969,] 

[Effective date August 12, 1969.] 



CHAPTER 236. 

AN ACT RELATIVE TO FAIR HEARINGS IN PROGRAMS OF THE DIVISION OF WELFARE. 

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

236:1 Board of Appeals. Amend RSA 126-A:9-a (supp) as inserted by 
1965, 352:5 and amended by 1967, 122:1 by striking out said section and 
inserting in place thereof the following: 126-A:9-a Board of Appeals. From 
within its membership the advisory commission shall appoint four members 
to act as a board of appeals. Any two members so appointed may act as the 
board of appeals and shall have > all of the powers and duties of the board 
of appeals under this section. The term of office of such member of such 
board of appeals shall be co-extensive with his term as a member of the 
commission. It shall be the duty of the board of appeals to conduct fair 
hearings on appeals in connection with any programs of the division of 
welfare. When a member of the advisory commission is appointed to act 
as a member of the board of appeals he shall be paid twenty dollars a day 
for each day he is engaged in official duties as a member of said board of 
appeals. He shall also be entitled to reimbursement for expenses, including 
mileage. Payment for such per diem and expenses for the board of appeals 
shall be a charge upon the appropriation for the department of health and 
welfare. 

236:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969,] 
[Effective date August 12, 1969.] 



1969] Chapter 237 185 

CHAPTER 237. 

AN ACT INCREASING THE SALARY OF CHESHIRE COUNTY COMMISSIONERS AND EM- 
POWERING THE CHESHIRE COUNTY CONVENTION TO SET THE SALARIES 
OF CERTAIN COUNTY OFFICERS. 

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

237:1 Cheshire County Attorney. Amend RSA 7 by inserting after 
section 35 (supp) the following new section: 7:35-a Cheshire County Attor- 
ney. The annual salary of the Cheshire county attorney shall be established 
by the Cheshire county convention prior to each biennial primary election 
at a rate of not less than seventy-five hundred dollars and shall become ef- 
fective on January 1 following said election. 

237:2 Cheshire County Treasurer. Amend RSA 29 by inserting after 
section 14 (supp) the following new section: 29:14-a Cheshire County Treas- 
urer. The annual salary of the Cheshire county treasurer shall be estab- 
lished by the Cheshire county convention prior to each biennial primary 
election at a rate of not less than four hundred dollars and shall become 
effective on January 1 following said election. 

237:3 Cheshire County Commissioners. Amend RSA 28 by inserting 
after section 28 (supp) the following new section: 28:28-a Cheshire County 
Commissioners. The annual salary of the Cheshire county commissioners 
shall be established by the Cheshire county convention prior to each bien- 
nial primary election at a rate of not less than three thousand dollars and 
shall become effective on January 1 following said election. 

237:4 Cheshire County Sheriff. Amend RSA 104:29, IV (supp) as in- 
serted by 1965, 190:1 by inserting in line one after the word "be" the words 
(set by the Cheshire county convention at a rate of not less than) so that 
said paragraph as amended shall read as follows: IV. In Cheshire the an- 
nual salary of the sheriff shall be set by the Cheshire county convention at 
a rate of not less than nine thousand 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 allowed reasonable expenses incurred during the per- 
formance 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 treas- 
urer 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 ^vrits and other process served and the total amounts collected in fees 
and mileage charges paid over to the treasurer during the calendar year. 

237:5 Salary Increased. Amend RSA 28:28, III (supp) as inserted by 
1969, 30:3 by striking out said paragraph and inserting in place thereof the 
following: III. In Cheshire, three thousand dollars. 



186 Chapter 238 [1969 

237:6 Repeal. 

I. RSA 7:35, III (supp) as inserted by 1969, 30:1 and amended by 
1969, 170:1, relative to the salary of the Cheshire county attorney is hereby 
repealed. 

II. RSA 29:14, III (supp) as inserted by 1969, 30:2 relative to the sal- 
ary of the Cheshire county treasurer is hereby repealed. 

III. RSA 28:28, III (supp) as inserted by 1969, 30:3 relative to the sal- 
ary of the Cheshire county commissioners is hereby repealed. 

237:7 Effective Date. Section 6 of this act shall take effect January 1, 
1971 and the remainder of this act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 

[Effective date section 6 effective January 1, 1971, remainder of act shall 
take efiEect August 12, 1969.] 



CHAPTER 238. 

AN ACT RELATIVE TO AN EARLY DISCHARGE OF PAROLED PRISONER FOR GOOD 

CONDUCT. 

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

238:1 Good Conduct. Amend RSA 607 by inserting after section 45 
the following new section: 607:45-a Early Discharge for Good Conduct. 

Whenever the board of parole finds that the parolee is no longer in need 
of supervision because of his good conduct it may issue to him a certificate 
of discharge. 

238:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 239. 

AN ACT RELATIVE TO THE CONTROL OF DOGS. 

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

convened: 

239:1 Dogs a Menace; Nuisance. Amend RSA 466:31 as amended by 
1957, 148:1; and 1967, 294:1 by striking out said section and inserting in 
place thereof the following new section: 

466:31 Dogs a Menace, a Nuisance, or Vicious. 

I. Any person who considers a dog to be a nuisance, a menace or 
vicious to persons, to property or to other animals may make a complaint 
to any law enforcement officer, conservation officer, or a selectmen of the 
town or city in which such a dog is kept. Such officer or selectman shall 



1969] Chapter 239 187 

within three days after receipt of such complaint, investigate the facts and 
circumstances of the case, and if the complaint is sustained shall forthwith 
order the owner, keeper or person who harbors such dog to abate the nuis- 
ance or menace. Service of such order shall be made upon the owner, keeper 
or person who harbors such dog by causing a certified copy of such order 
to be delivered to him, or by registered mail to his last known place of 
abode. Any owner, keeper or person who harbors such dog upon whom 
notice of such order has been served, may, within ten days bring a petition 
to the municipal or district court for the town or city, as the case may be, 
praying that the order be reviewed by the court. After notice to the in- 
vestigating officers and the person or persons making the complaint, and 
upon hearing, the court shall affirm, modify or dismiss such order as justice 
may require. During the pendency of such action and the order of the 
justice of the court, the owner, keeper or person who harbors such dog 
shall restrain such dog from running at large at all times. 

II. Under this section, a dog is considered to be a nuisance, a menace, 
or vicious to persons or property under any, or all but not limited to the 
following conditions: 

(a) If it barks continuously for sustained periods of time, 

(b) if it barks during the night hours so as to disturb the peace and 
quiet of a neighborhood or area, 

(c) while it runs at large on the streets or public property or property 
other than its owner's, it turns over garbage cans, waste containers or other- 
wise causes waste or garbage to be scattered on property other than its 
owner's, 

(d) while it runs at large it barks, growls, snaps at, bites, runs after or 
chases any person or persons, 

(e) while it runs at large, it barks at, runs after or chases bicycles, 
motor vehicles, motorcycles, or other vehicles being driven, pulled, or 
pushed on the streets, highways or public ways, 

(f) while it runs at large, whether alone or in a pack with other dogs, 
it runs after, chases, or preys on game animals, domestic animals, fowl or 
human beings, 

(g) while it runs at large, it digs, scratches, or excretes on any prop- 
erty other than its owner's, 

(h) while in heat is unconfined (confinement shall mean within an 
enclosed building — not accessible to any other dog). 

III. Any person who fails, by appropriate action including but not 
limited to restraining an animal from running at large, muzzling such ani- 
mal or otherwise effectively abating a nuisance found such under the provi- 
sions of this section, or who fails to comply with any other provisions of 
this section after being so ordered, shall be fined not more than fifty dollars, 
the dog taken into custody by the police or constable of the city or town, 
and such disposition made of the dog as the court may order. 

239:2 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



188 Chapter 240 [1969 

CHAPTER 240. 

AN ACT RELATIVE TO SENTENCES TO THE INDUSTRIAL SCHOOL. 

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

240:1 Sentence to Industrial School. Amend RSA 621:11 (supp) as 
amended by 1957, 71:1, 1963, 213:1 and 1965, 256:7 by striking out in lines 
three, four and five the words "the term of his minority, except where said 
minor is found guilty by the superior court under the provisions of RSA 
169:21" and inserting in place thereof the words (a term not exceeding 
the term of imprisonment provided for said offense) so that said section as 
amended shall read as follows: 621:11 Minors Under Seventeen. Whenever 
a minor under the age of seventeen years shall be convicted of an offense 
punishable by imprisonment he may be sentenced to the industrial school 
for a term not exceeding the term of imprisonment provided for said of- 
fense; provided that nothing shall prevent such sentence being suspended 
under the provisions of any other law. Pending final disposition of a case 
by a municipal 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 offi- 
cer, provided however, that if the court places such minor in the custody 
of the industrial school, final disposition of his case shall be made within 
thirty days of such commitment and provided further, that where the minor 
has committed a felony, the municipal or district court may commit said 
minor to the custody of the probation officer or require that sureties be 
furnished for his appearance before the superior court, or in default thereof 
be committed to the industrial school to await disposition of the case by 
said superior court. 

240:2 Efifective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 241. 

AN ACT RELATIVE TO INVESTMENT BY DOMESTIC INSURANCE COMPANIES. 

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

241:1 Real Estate Mortgages. Amend RSA 411:15, II (a) by striking 
out in line six the words "sixty-six and two-thirds" and inserting in place 
thereof the word (seventy-five) so that said subparagraph as amended shall 
read as follows: (a) Such loans shall not exceed fifty per cent of the value of 
the mortgaged property except in the case of loans on property in cities 
or towns where the mortgage provides for the amortization of the debt dur- 
ing the term of the loan or at a rate of not less than five per cent per an- 
num after the first year, in which case loans shall not exceed seventy-five 
per cent of the value of the mortgaged property; 



1969] Chapter 242 189 

241:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 

[Effective date August 12, 1969.] 



CHAPTER 242. 

AN ACT RELATIVE TO CONFLICTS OF INTEREST OF PROBATE JUDGES. 

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

242:1 Associates of Probate Judge. Amend RSA 547:13 by striking out 
said section and inserting in place thereof the following: 547:13 Acting 
as Counsel. He shall not act as counsel or advocate in any business in, or 
which may be brought into any probate court. No attorney shall be per- 
mitted to practice before any probate judge ^vho is a partner, associate, 
employee or employer of said attorney, or is a stockholder in a professional 
corporation for the practice of law in which said attorney is stockholder. 

242:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 243. 

AN ACT RELATIVE TO YOUTH EMPLOYMENT. 

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

243:1 New Chapter. Amend RSA by inserting after chapter 276 the 
following new chapter: 

Chapter 276.A 
Youth Employment Law 

276-A:l Statement of Policy. The legislature of the state of New Hamp- 
shire declares that it is the policy of the state to foster the employment of 
young people while, at the same time, providing the necessary safeguards 
made necessary by their age. 

276-A:2 Title. This chapter shall be entitled the "Youth Employment 
Law". 

276-A:3 Definitions. As used in this chapter: 

I. The term "certificate" shall mean youth employment certificate. 

IL The term "youth" shall mean any person under eighteen years of 
age. 

III. The term "commissioner" shall mean the labor commissioner. 



190 Chapter 243 [1969 

IV. The term "department" shall mean the labor department. 

V. The term "hazardous occupation" shall mean employment so de- 
termined by the Children's Bureau of the United States Department of 
Labor pursuant to the provisions of the Fair Labor Standards Act, or on de- 
termination by the commissioner after all parties have been given an op- 
portunity to be heard thereon. 

VL The term "investigator" shall mean personnel of the department 
who are authorized to enforce labor laws. 

VIL The term "casual work" shall mean employment which is in- 
frequent or of brief duration or productive of little or sporadic income or 
not commonly held to establish an employer-employee relationship. 

VIII. The term "regulation" shall mean the body of administrative 
rules promulgated by the commissioner, setting forth procedures and pre- 
scribing forms by which to carry out the provisions of this chapter. 

276-A:4 Prohibitions. 

I. No youth shall be employed or permitted to work in any hazardous 
occupation, except in an apprenticeship, vocational rehabilitation, or train- 
ing program approved by the commissioner. 

II. No youth shall be employed or permitted to work without a certi- 
ficate except for his parents, grandparents, or guardian or at work defined 
in this chapter as casual. 

III. No youth under sixteen years of age shall be employed or per- 
mitted to work in manufacturing, construction, and mining and quarrying 
occupations, or in woods and logging. 

IV. No youth under sixteen years of age shall be employed or per- 
mitted to work earlier than seven o'clock a.m. or later than nine o'clock 
p.m., more than three hours per day on school days and twenty-three hours 
per week during school weeks, except that on nonschool days he may be 
employed eight hours per day and, during vacations, forty-eight hours per 
week. Upon application by an employer who employs a youth under sixteen 
years of age in agricultural work, the commissioner of labor may order that 
the restriction upon hours of work imposed by this paragraph be suspended. 

V. No youth under twelve years of age may be employed or permitted 
to work except for his parents, grandparents, or guardian, or at work de- 
fined in this chapter as casual, or in the door-to-door delivery of newspapers. 

276-A:5 Certificate. 

I. Certificates shall be issued by principals of schools or persons au- 
thorized by them, except that responsibility for supervision and coordina- 
tion with the department in matters pertaining to this chapter shall rest 
upon superintendents of schools. 

II. Certificates shall show proof of (1) age, (2) adequate health, except 
that the certificates of youths sixteen years or older shall show proof of age 
only. 

III. Certificates shall not be issued unless age and adequacy of health 
has first been verified except as in paragraph I of this section. 



1969] Chapter 244 191 

IV. Certificates shall not be issued except during vacations or as a 
result of written parental protest, if employment is deemed to interfere 
seriously with school work. 

V. Copies of certificates shall be kept on file by all employers of youths. 

276-A:6 Enforcement. The commissioner shall have the responsibility 
for enforcing the provisions of this chapter. Investigators and truant officers 
shall visit and inspect all places of employment and cause the provisions of 
this chapter to be enforced as directed by the commissioner. For this pur- 
pose they shall have the power to serve warrants. 

276-A:7 Penalties. Whoever employs a youth or permits him to work 
in violation of the provisions of this chapter, or any parent, grandparent, 
or guardian who allows his child or ward to be so employed or to work, 
shall be fined not more than five hundred dollars, or imprisoned not more 
than thirty days, or both. 

276-A:8 Powers of Commissioner. The commissioner shall promulgate 
whatever regulations he deems necessary for the administration of this 
chapter, except that such regulations shall not be inconsistent with any of 
its provisions. He shall prosecute violations and charge tlie proper county 
for the cost of the proceedings. 

276-A:9 Limitations. No prosecution pursuant to this chapter shall be 
undertaken later than one year after the violation has been committed. 

276-A:10 Inconsistent Provisions. All prior provisions of law which 
are inconsistent with any provisions of this chapter shall be held ineffective 
to the extent of such inconsistency. 

243:2 Repeal. RSA 276, as amended, relative to employment of minors 
is hereby repealed. 

243:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 244. 

AN ACT RELATIVE TO USE OF INITIAL MOTOR VEHICLE PLATE FUNDS. 

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

244:1 Motor Vehicle Initial Plates. Amend RSA 262: 1-a, as inserted 
by 1957, 292:1 and amended by 1963, 142:1 by striking out said section and 
inserting in place thereof the following: 262: 1-a Traffic Safety Fund. The 
proceeds from service fees for initial number plates collected in accordance 
with RSA 260:10-a, after costs of plates and issuance of same have been 
appropriated and deducted, shall, subject to budgetary requirements of 
RSA 9, be expended solely for courses of instruction and training in safe 
motor vehicle driving conducted in or under the supervision of secondary 



192 Chapter 245 [1969 

schools. Subject to final approval by the governor and council, the director 
of the division of motor vehicles shall promulgate and publish rules and 
regulations governing the courses of instruction and training and deter- 
mining eligibility of secondary schools to receive monies from said initial 
plate fund. 

244:2 Effective Date. This act shall take effect July 1, 1969. 
[Approved June 13, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 245. 

AN ACT RELATIVE TO THE INVESTMENT OF STATE FUNDS BY THE STATE TREASURER. 

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

245:1 Investment in Savings Bank Deposits. Amend RSA 6:8 by in- 
serting in line six after the words "United States" the following (in savings 
bank deposits of banks incorporated under the laws of the state of New 
Hampshire) so that said section as amended shall read as follows: 6:8 In- 
vestment of Funds. All funds over which the state has exclusive control, 
aside from such sums of money as the treasurer may deem necessary to hold 
or deposit for meeting current expenses, shall be invested by the treasurer, 
with the approval of the governor and council, in securities of the state, 
in the notes or bonds of the several counties, cities, and towns thereof, in 
the scrip or bonds of the United States, in savings bank deposits of banks 
incorporated under the laws of the state of New Hampshire, or in the notes 
or bonds of any incorporated district of the state, or of any city of the New 
England states whose net indebtedness at the time of purchase does not 
exceed five per cent of the last preceding valuation of the property therein 
for the assessment of taxes. 

245:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 246. 

AN ACT RELATIVE TO PAYMENT OF ABATEMENT COSTS IN CERTAIN CASES. 

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

convened: 

246:1 Change of Fee. Amend RSA 76:16-a (supp) as inserted by 1955, 
162:1 and amended by 1965, 29:1 by striking out in line three the word "five" 
and inserting in place thereof the word (ten) so that the said section as 
amended shall read as follows: 76:16-a By Tax Commission. If the select- 



1969] Chapter 247 193 

men neglect or refuse so to abate, any person aggrieved, having complied 
with the requirements of chapter 74, upon payment of an application fee of 
ten dollars, may, within six months after notice of such tax, and not after- 
wards, apply in writing to the state tax commission, which after due inquiry 
and investigation shall make such order thereon as justice requires. 

246:2 New Section. Amend RSA 76 by inserting after section 16-a 
(supp) the following new section: 76:16-b Reappraisal by Commercial 
Firm. Where a commercial firm has made a reappraisal of taxable real 
estate of any town or city, said town or city shall pay to the tax commission 
■for a two year period following said reappraisal the reasonable expense of 
the commission employees, not to exceed the actual cost thereof, for in- 
vestigations for abatement under the provisions of RSA 16-a. Such reim- 
bursement shall be a credit to the appropriations of the tax commission for 
further expenditures. 

246:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 247. 

AN ACT TO ENABLE TOWNS TO ACQUIRE AND PRESERVE HISTORIC SITES AND BUILDINGS. 

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

2,4:1 -A Powers of Towns. Amend RSA 31:4 as amended by 1969, 49:1 
and 1969, 125:1 by inserting after paragraph XLII (supp) the following new 
paragraph: XLIII. Historic Sites and Buildings. To acquire, preserve and 
maintain historic sites and historic buildings within their limits. 

247:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 248. 

AN ACT RELATIVE TO THE ISSUANCE OF BUILDING PERMITS. 

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

248:1 After Notice of Proposed Changes in Building Code or Zoning 
Ordinance. Amend RSA 156 by inserting after section 3 the following new 
section: 156:3-a Building Permits to be Withheld in Certain Cases. The 
building inspector shall not issue any building permit after the first legal 
notice of proposed changes in the building code has been posted pursuant 



194 Chapter 249 [1969 

to the provisions of RSA 156-A:l-a, I, or the first legal notice of proposed 
changes in the zoning ordinance has been posted pursuant to the provi- 
sions of RSA 31:63-a, if the proposed changes in the building code or the 
zoning ordinance would, if adopted, justify refusal of such a permit. After 
final action has been taken on the proposed changes in the building code 
or zoning ordinance, the building inspector shall issue or refuse to issue 
such a permit which has been held in abeyance pursuant to this section. 

248:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 249. 

AN ACT RELATIVE TO THE ZONING POWER OF TOWNS AND CITIES. 

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

249:1 Regulation of Lot Sizes. Amend RSA 31:60 by inserting in line 
four after the word "structures" the following (lot sizes) so that said sec- 
tion as amended shall read as follows: 31:60 Grant of Power. For the pur- 
pose of promoting health, safety, morals, or the general welfare of the 
community, the legislative body of any city or town is empowered to regu- 
late and restrict the height, number of stories and size of buildings and 
other structures, lot sizes, the percentage of lot that may be occupied, the 
size of yards, courts and other open spaces, the density of population and 
the location and use of buildings, structures and land for trade, industry, 
residence or other purposes. 

249:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 13, 1969.] 
[Effective date August 12, 1969.] 



CHAPTER 250. 

AN ACT ENACTING THE NEW HAMPSHIRE-MAINE INTERSTATE SCHOOL COMPACT. 

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

convened: 

250:1 New Chapter. Amend RSA by inserting after chapter 200-E the 
following new chapter: 

Chapter 200-F 
New Hampshire-Maine Interstate School Compact 
200-F:l Compact. The state of New Hampshire enters into the fol- 



1969] Chapter 250 195 

lowing compact with the state of Maine subject to the terms and conditions 
therein stated. 

New Hampshiie-Maine Interstate School Compact 

Article I 
General Provisions 

A. Statement of Policy. It is the purpose of this compact to increase 
the educational opportunities within the states of New Hampshire and 
Maine by encouraging the formation of interstate school districts which 
will each be a natural social and economic region with adequate financial 
resources and a number of pupils sufficient to permit the efficient use of 
school facilities within the interstate district and to provide improved in- 
struction. The state boards of education of New Hampshire and Maine 
may formulate and adopt additional standards consistent with this purpose 
and with these standards; and the formation of any interstate school dis- 
trict and the adoption of its articles of agreement shall be subject to the 
approval of both state boards as set forth. 

B. Requirement of Congressional Approval. This compact shall not 
become effective until approved by the United States Congress. 

C. Definitions. The terms used in this compact shall be construed as 
follows, unless a different meaning is clearly apparent from the language 
or context: 

a. Commissioner. "Commissioner" shall refer to Commissioner of 
Education. 

b. Elementary School. "Elementary school" shall mean a school which 
includes all grades from kindergarten or grade one through not less than 
grade 6 nor more than grade 8. 

c. Interstate Board. "Interstate board" shall refer to the board serving 
an interstate school district. 

d. Interstate School District. "Interstate school district" and "inter- 
state district" shall mean a school district composed of one or more school 
districts located in the State of Maine associated under this compact with 
one or more school districts located in the state of New Hampshire and 
may include either the elementary schools, the secondary schools, or both. 

e. Joint Action. "Joint action" where joint action by both state boards 
is required, each state board shall deliberate and vote by its own majority, 
but shall separately reach the same result or take the same action as the 
other state board. 

f. Maine Board. "Maine Board" shall refer to the Maine State Board 
of Education, 

g. Member School District. "Member school district" and "member 
district" shall mean a school administrative unit located either in Maine 
or New Hampshire which is included within the boundaries of a proposed 
or established interstate school district. 

h. New Hampshire Board. "New Hampshire board" shall refer to the 
New Hampshire State Board of Education. 

i. Professional Staff Personnel. "Professional staff personnel" and "in- 



196 Chapter 250 [1969 

structional staff personnel" shall include superintendents, assistant super- 
intendents, administrative assistants, principals, guidance counselors, special 
educational personnel, school nurses, therapists, teachers, and other certifi- 
cated personnel. 

j. Secondary School. "Secondary school" shall mean a school which in- 
cludes all grades beginning no lower than grade 7 and no higher than grade 
12. 

k. Warrant. "Warrant" or "warning" to mean the same for both states. 

Article 11 
Procedure for Formation of an Interstate School District 

A. Creation of Planning Committee. The New Hampshire and Maine 
commissioners of education shall have the power, acting jointly to consti- 
tute and discharge one or more interstate school district planning commit- 
tees. Each such planning committee shall consist of at least two voters from 
each of a group of two or more neighboring member districts. One of the 
representatives from each member district shall be a member of its school 
board, whose term on the planning committee shall be concurrent with 
his term as a school board member. The term of each member of a plan- 
ning committee who is not also a school board member shall expire on 
June 30th of the third year following his appointment. The existence of 
any planning committee may be terminated either by vote of a majority 
of its members or by joint action of the commissioners. In forming and ap- 
pointing members to an interstate school district planning board, the com- 
missioners shall consider and take into account recommendations and 
nominations made by school boards of member districts. No member of a 
planning committee shall be disqualified because he is at the same time a 
member of another planning board or committee created under this com- 
pact or under any other provisions of law. Any existing informal interstate 
school planning committee may reconstituted as a formal planning com- 
mittee in accordance with the provisions hereof, and its previous delibera- 
tions adopted and ratified by the reorganized formal planning committee. 
Vacancies on a planning committee shall be filled by the commissioners 
acting jointly. 

B. Operating Procedures of Planning Committee. Each interstate 
school district planning committee shall meet in the first instance at the 
call of any member, and shall organize by the election of a chairman and 
clerk-treasurer, each of whom shall be a resident of a different state. Sub- 
sequent meetings may be called by either officer of the committee. The 
members of the committee shall serve without pay. The member districts 
shall appropriate money on an equal basis at each annual meeting to meet 
the expenses of the committee, including the cost of publication and dis- 
tribution of reports and advertising. From time to time the commissioners 
may add additional members and additional member districts to the com- 
mittee, and may remove members and member districts from the commit- 
tee. An interstate school district planning committee shall act by majority 
vote of its membership present and voting. 

C. Duties of Interstate School District Planning Committee. It shall be 
the duty of an interstate school district planning committee, in consulta- 



1969] Chapter 250 197 

tion with the commissioners and the state departments of education: to 
study the advisability of establishing an interstate school district in accord- 
ance with the standards set forth in paragraph A, its organization, opera- 
tion and control, and the advisability of constructing, maintaining and 
operating a school or schools to serve the needs of such interstate district; 
to estimate the construction and operating costs thereof; to investigate the 
methods of financing such school or schools, and any other matters pertain- 
ing to the organization and operation of an interstate school district; and 
to submit a report or reports of its findings and recommendations to the 
several member districts. 

D. Recommendations and Preparation of Articles of Agreement. An 
interstate school district planning committee may recommend that an inter- 
state school district composed of all the member districts represented by 
its membership, or any specified combination of such member districts, be 
established. If the planning committee does recommend the establishment 
of an interstate school district, it shall include in its report such recom- 
mendation, and shall prepare and include in its report proposed articles 
of agreement for the proposed interstate school district, which shall be 
signed by at least a majority of the membership of the planning committee, 
which set forth the following: 

a. The name of the interstate school district. 

b. The member districts which shall be combined to form the pro- 
posed interstate school district. 

c. The number, composition, method of selection and terms of office 
of the interstate school board, provided that: 

(1) The interstate school board shall consist of an odd number of 
members, not less than five nor more than fifteen; 

(2) The terms of office shall not exceed three years; 

(3) Each member district shall be entitled to elect at least one member 
of the interstate school board. Each member district shall either vote sep- 
arately at the interstate school district meeting by the use of a distinctive 
ballot, or shall choose its member or members at any other election at which 
school officials may be chosen. 

(4) The method of election shall provide for the filing of candidacies 
in advance of election and for the use of a printed nonpartisan ballot; 

(5) Subject to the foregoing, provision may be made for the election 
of one or more members at large. 

d. The grades for which the interstate school district shall be respon- 
sible. 

e. The specific properties of member districts to be acquired initially 
by the interstate school district and the general location of any proposed 
new schools to be initially established or constructed by the interstate 
school district. 

f. The method of apportioning the operating expenses of the inter- 
state school district among the several member districts, and the time and 
manner of payments of such shares. 

g. The indebtedness of any member district which the interstate dis- 
trict is to assume. 



198 Chapter 250 [1969 

h. The method of apportioning the capital expenses of the interstate 
school district among the several member districts, which need not be the 
same as the method of apportioning operating expenses, and the time and 
manner of payment of such shares. Capital expenses shall include the cost 
of acquiring land and buildings for school purposes; the construction, fur- 
nishing and equipping of school buildings and facilities; and the payment 
of the principal and interest of any indebtedness which is incurred to pay 
for the same. 

i. The manner in which state aid, available under the laws of either 
New Hampshire or Maine, shall be allocated, unless otherwise expressly 
provided in this compact or by the law'S making such aid available. 

j. The method by ^vhich the articles or agreement may be amended, 
which amendments may include the annexation of territory, or an increase 
or decrease in the number of grades for which the interstate district shall 
be responsible, provided that no amendment shall be effective until ap- 
proved by both state boards in the same manner as required for approval 
of the original articles of agreement. 

k. The date of operating responsibility of the proposed interstate 
school district and a proposed program for the assumption of operating 
responsibility for education by the proposed interstate school district, and 
any school construction; which the interstate school district shall have the 
poTver to vary by vote as circumstances may require. 

1. Any other matters, not incompatible Avith law, which the interstate 
school district planning committee may consider appropriate to include 
in the articles of agreement, including, without limitation: 

(1) The method of allocating the cost of transportation between the 
interstate district and member districts; 

(2) The nomination of individual school directors to serve until the 
first annual meeting of the interstate school district. 

E. Hearings. If the planning committee recommends the formation 
of an interstate school district, it shall hold at least one public hearing on 
its report and the proposed articles of agreement ^vithin the proposed in- 
terstate school district in Maine, and at least one public hearing thereon 
Avithin the proposed interstate school district in New Hampshire. The 
planning committee shall give such notice thereof as it may determine to 
be reasonable, provided that such notice shall include at least one publica- 
tion in a newspaper of general circulation within the proposed interstate 
school district not less than fifteen days, not counting the date of publica- 
tion and not counting the date of the hearing, before the date of the first 
hearing. Such hearings may be adjourned from time to time and from place 
to place. The planning committee may revise the proposed articles of agree- 
ment after the date of the hearings. It shall not be required to hold further 
hearings on the revised articles of agreement but may hold one or more 
further hearings after notice similar to that required for the first hearings 
if the planning committee in its sole discretion determines that the revisions 
are so substantial in nature as to require further presentation to the public 
before submission to the state boards of education. 

F. Approval by State Boards. After the hearings a copy of the pro- 
posed articles of agreement, as revised, signed by a majority of the planning 



1969] Chapter 250 199 

committee, shall be submitted by it to each state board. The state boards 
may if they find that the articles of agreement are in accord with the stan- 
dards set forth in this compact and in accordance with sound educational 
policy, approve the same as submitted, or refer them back to the planning 
committee for further study. The planning committee may make additional 
revisions to the proposed articles of agreement to conform to the recom- 
mendations of the state boards. Further hearings on the proposed articles 
of agreement shall not be required unless ordered by the state boards in 
their discretion. In exercising such discretion, the state boards shall take 
into account whether or not the additional revisions are so substantial in 
nature as to require further presentation to the public. If both state boards 
find that the articles of agreement as further revised are in accord with the 
standards set forth in this compact and in accordance with sound educa- 
tional policy, they shall approve the same. After approval by both state 
boards, each state board shall cause the articles of agreement to be submitted 
to the school boards of the several member districts in each state for accept- 
ance by the member districts as provided in paragraph G. At the same 
time, each state board shall designate the form of warrant, date, time, place, 
and period of voting for the special meeting of the member district to be 
held in accordance with the paragraph G. 

G. Adoption by Member Districts. Upon receipt of written notice 
from the state board in its state of the approval of the articles of agreement 
by both state boards, the school board of each member district shall cause 
the articles of agreement to be filed with the member district clerk. Within 
ten days after receipt of such notice, the school board shall issue its w^ar- 
rant for a special meeting of the member district, the w-arrant to be in the 
form, and the meeting to be held at the time and place and in the manner 
prescribed by the state board. No approval of the superior court shall be 
required for such special school district meeting in New Hampshire. Vot- 
ing shall be Tvith the use of a check-list by a ballot substantially in the fol- 
lowing form: 

"Shall the school district accept the provisions of the New Hampshire- 
Maine Interstate School Compact providing for the establishment of an 

interstate school district, together with the school districts of 

and , etc., in accordance with the proposed articles 

of agreement filed with the school district (town, city or incorporated school 
district) clerk?" 

Yes ( ) No ( ) 

If the articles of agreement included the nomination of individual 
school directors, those nominated from each member district shall be in- 
cluded in the ballot and voted upon, such election to become effective upon 
the formation of an interstate school district. 

If a majority of the voters present and voting in a member district 
vote in the affirmative, the clerk for such member district shall forthwith 
send to the state board in its state a certified copy of the warrant, certificate 
of posting, and minutes of the meeting of the district. If the state boards 
of both states find that a majority of the voters present and voting in each 
member district have voted in favor of the establishment of the interstate 
school district, they shall issue a joint certificate to that effect; and such 



200 Chapter 250 [1969 

certificate shall be conclusive evidence of the lawful organization and forma- 
tion of the interstate school district as of its date of issuance, 

H. Resubmission. If the proposed articles of agreement are adopted 
by one or more of the member districts but rejected by one or more of the 
member districts, the state boards may resubmit them, in the same form as 
previously submitted, to the rejecting member districts, in which case the 
school boards thereof shall resubmit them to the voters in accordance with 
paragraph G. An affirmative vote in accordance therewith shall have the 
same effect as though the articles of agreement had been adopted in the first 
instance. In the alternative, the state boards may either discharge the plan- 
ning committee, or refer the articles of agreement back for further con- 
sideration to the same or a reconstituted planning committee, which shall 
have all the powers and duties as the planning committee as originally 
constituted. 

Article III 
Powers of Interstate School District 

A. Powers. Each interstate school district shall be a body corporate 
and politic, with power to: 

a. Acquire, construct, extend, improve, staff, operate, manage and 
govern public schools within its boundaries; 

b. Sue and be sued, subject to the limitations of liability hereinafter 
set forth; 

c. Have a seal and alter the same at pleasure; 

d. Adopt, maintain and amend bylaws not inconsistent with this com- 
pact, and the laws of the two states; 

e. Acquire by purchase, condemnation, lease or otherwise, real and 
personal property for the use of its schools; 

f. Enter into contracts and incur debts; 

g. Borrow money for the purposes set forth, and to issue its bonds or 
notes therefor; 

h. Make contracts with and accept grants and aid from the United 
States, the State of Maine, the State of New Hampshire, any agency or mu- 
nicipality thereof, and private corporations and individuals for the con- 
struction, maintenance, reconstruction, operation and financing of its 
schools; and to do any and all things necessary in order to avail itself of 
such aid and cooperation; 

i. Employ such assistants, agents, servants and independent contractors 
as it shall deem necessary or desirable for its purposes; and 

j. Take any other action which is necessary or appropriate in order 
to exercise any of the foregoing powers. 

Article IV 
District Meetings 

A. General. Votes of the district shall be taken at a duly warned meet- 
ing held at any place in the district, at which all of the eligible legal voters 
of the member districts shall be entitled to vote, except as otherwise pro- 
vided with respect to the election of directors. 



1969] Chapter 250 201 

B. Eligibility of Voters. Any resident who would be eligible to vote 
at a meeting of a member district being held at the same time shal be elig- 
ible to vote at a meeting of the interstate district. The town clerks in each 
Maine member district and the supervisors of the checklist of each New 
Hampshire district shall respectively prepare a checklist of eligible voters 
for each meeting of the interstate district in the same manner, and they 
shall have all the same powers and duties with respect to eligibility of voters 
in their districts as for a meeting of a member district. 

C. Warning of Meetings. A meeting shall be warned by a warrant 
addressed to the residents of the interstate school district qualified to vote 
in district affairs, stating the time and place of the meeting and the subject 
matter of the business to be acted upon. The warrant shall be signed by 
the clerk and by a majority of the directors. Upon written application of 
ten or more voters in the district, presented to the directors or to one of 
them, at least twenty-five days before the day prescribed for an annual meet- 
ing, the directors shall insert in their warrant for such meeting any subject 
matter specified in such application. 

D. Posting and Publication of Warrant. The directors shall cause an 
attested copy of the warrant to be posted at the place of meeting, and a 
like copy at a public place in each member district at least twenty days, 
not counting the date of posting and the date of meeting, before the date 
of the meeting. In addition, the directors shall cause the warrant to be ad- 
vertised in a newspaper of general circulation on at least one occasion, such 
publication to occur at least ten days, not counting the date of publication 
and not counting the date of the meeting, before the date of the meeting. 
Although no further notice shall be required, the directors may give such 
further notice of the meeting as they in their discretion deem appropriate 
under the circumstances. 

E. Return of Warrant. The warrant with a certificate thereon, veri- 
fied by oath, stating the time and place when and where copies of the war- 
rant were posted and published, shall be given to the clerk of the interstate 
school district at or before the time of the meeting, and shall be recorded 
by him in the records of the interstate school district. 

F. Organization Meeting. The commissioners, acting jointly, shall fix 
a time and place for a special meeting of the qualified voters within the 
interstate school district for the purpose of organization, and shall prepare 
and issue the warrant for the meeting after consultation with the interstate 
school district planning board and the members-elect, if any, of the inter- 
state school board of directors. Such meeting shall be held within sixty days 
after the date of issuance of the certificate of formation, unless the time is 
further extended by the joint action of the state boards. At the organiza- 
tion meeting the commissioner of education of the state where the meeting 
is held, or his designate, shall preside in the first instance, and the follow- 
ing business shall be transacted: 

a. A temporary moderator and a temporary clerk shall be elected from 
among the qualified voters who shall serve until a moderator and clerk 
respectively have been elected and qualified. 

b. A moderator, clerk, a treasurer and three auditors shall be elected to 
serve until the next annual meeting and thereafter until their successors 



202 Chapter 250 [1969 

are elected and qualified. Unless previously elected, a board of school di- 
rectors shall be elected to serve until their successors are elected and 
qualified. 

c. The date for the annual meeting shall be established. 

d. Provision shall be made for the payment of any organizational or 
other expense incurred on behalf of the district before the organization 
meeting, including the cost of architects, surveyors, contractors, attorneys, 
and educational or other consultants or experts. 

e. Any other business, the subject matter of which has been included 
in the warrant, and which the voters would have had power to trancast at 
any annual meeting. 

G. Annual Meetings. An annual meeting of the district shall be held 
between January 15th and June 1st of each year at such time as the inter- 
state district may by vote determine. Once determined, the date of the an- 
nual meeting shall remain fixed until changed by vote of the interstate 
district at a subsequent annual or special ineeting. At each annual meeting 
the following business shall be transacted: 

a. Necessary officers shall be elected. 

b. Money shall be appropriated for the support of the interstate dis- 
trict schools for the fiscal year beginning the following July 1st. 

c. Such other business as may properly come before the meeting. 

H. Special Meetings. A special meeting of the district shall be held 
whenever, in the opinion of the directors, there is occasion therefor, or 
whenever written application shall have been made by five per cent or more 
of the voters based on the checklists as prepared for the last preceding 
meeting, setting forth the subject matter upon which such action is desired. 
A special meeting may appropriate money without compliance with RSA 
33:8 or RSA 197:3 which would otherwise require the approval of the New 
Hampshire superior court. 

I, Certification of Records. The clerk of an interstate school district 
shall have the power to certify the record of the votes adopted at an inter- 
state school district meeting to the respective commissioners and state boards 
and, where required, for filing with a secretary of state. 

J. Method of Voting at School District Meetings. Voting at meetings 
of interstate school districts shall take place as follows: 

a. School directors. A separate ballot shall be prepared for each mem- 
ber district, listing the candidates for interstate school director to represent 
such member district; and any candidates for interstate school director at 
large; and the voters of each member district shall register on a separate 
ballot their choice for the office of school director or directors. In the alter- 
native, the articles of agreement may provide for the election of school 
directors by one or more of the member districts at an election otherwise 
held for the choice of school or other municipal officers. 

b. Other votes. Except as otherwise provided in the articles of agree- 
ment of this compact, with respect to all other votes, the voters of the inter- 
state school district shall vote as one body irrespective of the member 
districts in which they are resident, and a simple majority of those present 
and voting at any duly warned meeting shall carry the vote. Voting for 



1969] Chapter 250 203 

officers to be elected at any meeting, other than school directors, shall be 
by ballot or voice, as the interstate district may determine, either in its 
articles of agreement or by a vote of the meeting. 

Article V 
Officers 

A. Officers; General. The officers of an interstate school district shall 
be a board of school directors, a chairman of the board, a vice-chairman of 
the board, a secretary of the board, a moderator, a clerk, a treasurer and 
three auditors. Except as otherwise specifically provided, they shall be elig- 
ible to take office immediately following their election; they shall serve 
until the next annual meeting of the interstate district and until their suc- 
cessors are elected and qualified. Each shall take oath for the faithful per- 
formance of his duties before the moderator, or a notary public or a justice 
of the peace of the state in which the oath is administered. Their compensa- 
tion shall be fixed by vote of the district. No person shall be eligible to any 
district office unless he is a voter in the district. A custodian, school teacher, 
principal, superintendent or other employee of an interstate district acting 
as such shall not be eligible to hold office as a school director. 

B. Board of Directors. 

a. How chosen. Each member district shall be represented by at least 
one resident on the board of school directors of an interstate school district. 
A member district shall be entitled to such further representation on the 
interstate board of school directors as provided in the articles of agreement 
as amended from time to time. The articles of agreement as amended from 
time to time may provide for school directors at large, as set forth. No 
person shall be disqualified to serve as a member of an interstate board be- 
cause he is at the same time a member of the school board of a member 
district. 

b. Term. Interstate school directors shall be elected for terms in ac- 
cordance with the articles of agreement. 

c. Duties of Board of Directors. The board of school directors of an 
interstate school district shall have and exercise all of the powers of the 
district not reserved herein to the voters of the district. 

d. Organization. The clerk of the district shall warn a meeting of the 
board of school directors to be held within ten days following the date of 
the annual meeting, for the purpose of organizing the board, including the 
election of its officers. 

C. Chairman of the Board. The chairman of the board of interstate 
school directors shall be elected by the interstate board from among its 
members at its first meeting following the annual meeting. The chairman 
shall preside at the meetings of the board and shall perform such other 
duties as the board may assign to him. 

D. Vice-chairman of the board of directors. The vice-chairman of the 
interstate board shall be elected in the same manner as the chairman. He 
shall represent a member district in a state other than that represented by 
the chairman. He shall preside in the absence of the chairman and shall 
perform such other duties as may be assigned to him by the interstate board. 



204 Chapter 250 [1969 

E. Secretary of the Board. The secretary of the interstate board shall 
be elected in the same manner as the chairman. Instead of electing one of 
its members, the interstate board may appoint the interstate district clerk 
to serve as secretary of the board in addition to his other duties. The secre- 
tary of the interstate board, or the interstate district clerk, if so appointed, 
shall keep the minutes of its meetings, shall certify its records, and perform 
such other duties as may be assigned to him by the board. 

F. Moderator. The moderator shall preside at the district meetings, 
regulate the business thereof, decide questions of order, and make a public 
declaration of every vote passed. He may prescribe rules of procedure; but 
such rules may be altered by the district. He may administer oaths to dis- 
trict officers in either state. 

G. Clerk. The clerk shall keep a true record of all proceedings at each 
district meeting, shall certify its records, shall make an attested copy of any 
records of the district for any person upon request and tender of reason- 
able fees therefor, if so appointed, shall serve as secretary of the board of 
school directors, and shall perform such other duties as may be required by 
custom or law. 

H. Treasurer. The treasurer shall have custody of all of the monies 
belonging to the district and shall pay out the same only upon the order of 
the interstate board. He shall keep a fair and accurate account of all sums 
received into and paid from the interstate district treasury, and at the close 
of each fiscal year he shall make a report to the interstate district, giving a 
particular account of all receipts and payments during the year. He shall 
furnish to the interstate directors, statements from his books and submit his 
books and vouchers to them and to the district auditors for examination 
whenever so requested. He shall make all returns called for by laws relating 
to school districts. Before entering on his duties, the treasurer shall give a 
bond with sufficient sureties and in such sum as the directors may require. 
The treasurer's term of office is from July 1st to the following June 30th. 

I. Auditors. At the organization meeting of the district, three auditors 
shall be chosen, one to serve for a term of one year, one to serve for a term 
of two years and one to serve for a term of three years. After the expiration 
of each original term, the successor shall be chosen for a three year term. 
At least one auditor shall be a resident of Maine, and one auditor shall be 
a resident of New Hampshire. An interstate district may vote to employ a 
certified public accoimtant to assist the auditors in the performance of 
their duties. The auditors shall carefully examine the accounts of the treas- 
urer and the directors at the close of each fiscal year, and at such other times 
whenever necessary, and report to the district whether the same are cor- 
rectly cast and properly vouched. 

J. Superintendent. The superintendent of schools shall be selected by 
a majority vote of the board of school directors of the interstate district 
with the approval of both commissioners. 

K. Vacancies. Any vacancy, among the elected officers of the district 
shall be filled by the interstate board until the next annual meeting of the 
district or other election, when a successor shall be elected to serve out the 
remainder of the unexpired term, if any. Until all vacancies on the inter- 
state board are filled, the remaining members shall have full power to act. 



1969] Chapter 250 205 

Article VI 
Appropriation and Apportionment of Funds 

A. Budget. Before each annual meeting, the interstate board shall pre- 
pare a report of expenditures for the preceding fiscal year, an estimate of 
expenditures for the current fiscal year, and a budget for the succeeding 
fiscal year. 

B. Appropriation. The interstate board of directors shall present the 
budget report at the annual meeting. The interstate district shall appro- 
priate a sum of money for the support of its schools and for the discharge 
of its obligations for the ensuing fiscal year. 

C. Apportionment of Appropriation. Subject to the provisions of 
article VII, the interstate board shall first apply against such appropriation 
any income to which the interstate district is entitled, and shall then ap- 
portion the balance among the member districts in accordance with one of 
the following formulas as determined by the articles of agreement as 
amended from time to time. 

a. All of such balance to be apportioned on the basis of the ratio that 
the fair market value of the taxable property in each member district bears 
to that of the entire interstate district; or 

b. All of such balance to be apportioned on the basis that the average 
daily resident membership for the preceding fiscal year of each member 
district bears to that of the average daily resident membership of the entire 
interstate school district; or 

c. A formula based on any combination of the foregoing factors. The 
term "fair market value of taxable property" shall mean the last locally 
assessed valuation of a member district in New Hampshire, as last equalized 
by the New Hampshire state tax commission. The term "fair market value 
of taxable property" shall mean the equalized grand list of a Maine member 
district, as determined by the Maine Bureau of Taxation. Such assessed 
valuation and grand list may be further adjusted by elimination of certain 
types of taxable property from one or the other or otherwise, in accordance 
with the articles of agreement, in order that the fair market value of tax- 
able property in each state shall be comparable. "Average daily resident 
membership" of the interstate district in the first instance shall be the sum 
of the average daily resident membership of the member districts in the 
grades involved for the preceding fiscal year where no students were en- 
rolled in the interstate district schools for such preceding fiscal year. 

D. Share of New Hampshire Member District. The interstate board 
shall certify the share of a New Hampshire member district of the total 
appropriation to the school board of each member district which shall add 
such sum to the amount appropriated by the member district itself for the 
ensuing year and raise such sum in the same manner as though the appro- 
priation had been voted at a school district meeting of the member dis- 
trict. The interstate district shall not set up its own capital reserve funds; 
but a New Hampshire member district may set up a capital reserve fund 
in accordance with RSA 35, to be turned over to the interstate district in 
payment of the New Hampshire member district's share of any anticipated 
obligations. 



206 Chapter 250 [1969 

E. Share of Maine Member District. The interstate board shall certify 
the share of a Maine member district of the total appropriation to the 
school board of each member district which shall add such sum to the 
amount appropriated by the member district itself for the ensuing year 
and raise such sum in the same manner as though the appropriation had 
been voted at a school district meeting of the member district. 

Article VII 
Borrowing 

A. Interstate District Indebtedness. Indebtedness of an interstate dis- 
trict shall be a general obligation of the district and shall be a joint and 
several general obligation of each member district, except that such obliga- 
tions of the district and its member districts shall not be deemed indebted- 
ness of any member district for the purposes of determining its borrowing 
capacity under Maine or New Hampshire law. A member district which 
withdraws from an interstate district shall remain liable for indebtedness 
of the interstate district which is outstanding at the time of withdrawal 
and shall be responsible for paying its share of such indebtedness to the 
same extent as though it had not withdrawn. 

B. Temporary Borrowing. The interstate board may authorize the 
borrowing of money by the interstate district (1) in anticipation of pay- 
ments of operating and capital expenses by the member districts to the in- 
terstate district and (2) in anticipation of the issue of bonds or notes of the 
interstate district which have been authorized for the purpose of financing 
capital projects. Such temporary borrowing shall be evidence by interest 
bearing or discounted notes of the interstate district. The amount of notes 
issued in any fiscal year in anticipation of expense payments shall not ex- 
ceed the amount of such payments received by the interstate district in the 
preceding fiscal year. Notes issued under this paragraph shall be payable 
within one year in the case of notes under clause (1) and three years in the 
case of notes under clause (2) from their respective dates, but the principal 
of and interest on notes issued for a shorter period may be renewed or paid 
from time to time by the issue of other notes, provided that the period from 
the date of an original note to the maturity of any note issued to renew or 
pay the same debt shall not exceed the maximum period permitted for the 
original loan. 

C. Borrowing for Capital Projects. An interstate district may incur 
debt and issue its bonds or notes to finance capital projects. Such projects 
may consist of the acquisition or improvement of land and buildings for 
school purposes, the construction, reconstruction, alteration or enlargement 
of school buildings and related school facilities, the acquisition of equip- 
ment of a lasting character and the payment of judgments. No interstate 
district may authorize indebtedness in excess of ten per cent of the total 
fair market value of taxable property in its member districts as defined in 
article VI. The primary obligation of the interstate district to pay indebted- 
ness of member districts shall not be considered indebtedness of the interstate 
district for the purpose of determining its borrowing capacity under this 
section. Bonds or notes issued under this section shall mature in equal or 
diminishing installments of principal payable at least annually commencing 



1969] Chapter 250 207 

no later than two years and ending not later than thirty years after their 
dates. 

D. Authorization. An interstate district shall authorize the incurring 
of debts to finance capital projects by a majority vote of the district passed 
at an annual or special district meeting. Such vote shall be taken by secret 
ballot after full opportunity for debate, and any such vote shall be subject 
to reconsideration and further action by the district at the same meeting or 
at an adjourned session thereof. 

E. Sale of Bonds and Notes. Bonds and notes which have been author- 
ized under this article may be issued from time to time and shall be sold at 
not less than par and accrued interest at public or private sale by the chair- 
man of the school board and by the treasurer. Interstate district bonds and 
notes shall be signed by the said officers, except that either one of the two 
required signatures may be a facsimile. Subject to this compact and the 
authorizing vote, they shall be in such form, bear such rates of interest 
and mature at such times as the said officers may determine. Bonds shall, 
but notes need not, bear the seal of the interstate district, or a facsimile of 
such seal. Any bonds or notes of the interstate district which are properly 
executed by the said officers shall be valid and binding according to their 
terms notwithstanding that before the delivery thereof such officers may 
have ceased to be officers of the interstate district. 

F. Proceeds of Bonds. Any accrued interest received upon delivery of 
bonds or notes of an interstate district shall be applied to the payment of 
the first interest which becomes due thereon. The other proceeds of the 
sale of such bonds or notes, other than temporary notes, including any 
premiums, may be temporarily invested by the interstate district pending 
their expenditure; and such proceeds, including any income derived from 
the temporary investment of such proceeds, shall be used to pay the costs 
of issuing and marketing the bonds or notes and to meet the operating ex- 
penses or capital expenses in accordance 'with the purposes for which the 
bonds or notes were issued or, by proceedings taken in the manner required 
for the authorization of such debt, for other purposes for which such debt 
could be incurred. No purchaser of any bonds or notes of an interstate dis- 
trict shall be responsible in any way to see to the application of the proceeds 
thereof. 

G. State Aid Programs. As used in this section the term "initial aid" 
shall include New Hampshire and Maine financial assistance with respect 
to a capital project, or the means of financing a capital project, which is 
available in connection with construction costs of a capital project or which 
is available at the time indebtedness is incurred to finance the project. 
Without limiting the generality of the foregoing definition, initial aid shall 
specifically include a New Hampshire state guarantee under RSA 195-B 
with respect to bonds or notes and Maine construction aid under section 
3457. As used in this section the term "long-term aid" shall include New 
Hampshire and Maine financial assistance which is payable periodically in 
relation to capital costs incurred by an interstate district. Without limit- 
ing the generality of the foregoing definition, long-term aid shall specifically 
include New Hampshire school building aid under RSA 198 and Maine 
school building aid under section 3457. For the purpose of applying for. 



208 Chapter 250 [1969 

receiving and expending initial aid and long-term aid an interstate district 
shall be deemed a native school district by each state, subject to the follow- 
ing provisions. When an interstate district has appropriated money for a 
capital project, the amount appropriated shall be divided into a Maine 
share and a New Hampshire share in accordance with the capital expense 
apportionment formula in the articles of agreement as though the total 
amount appropriated for the project was a capital expense requiring ap- 
portionment in the year the appropriation is made. New Hampshire initial 
aid shall be available with respect to the amount of the Ne^v Hampshire 
share as though it were authorized indebtedness of a New Hampshire co- 
operative school district. In the case of a state guarantee of interstate dis- 
trict bonds or notes under RSA 195-B, the interstate district shall be eligible 
to apply for and receive an unconditional state guarantee with respect to 
an amount of its bonds or notes which does not exceed fifty per cent of 
the amount of the New Hampshire share as determined above. Maine aid 
shall be available with respect to the amount of the Maine share as though 
it were funds voted by a Maine school district. Payments of Maine aid shall 
be made to the interstate district, and the amount of any borrowing author- 
ized to meet the appropriation for the capital project shall be reduced ac- 
cordingly. New Hampshire and Maine long-term aid shall be payable to 
the interstate district. The amounts of long-term aid in each year shall be 
based on the New Hampshire and Maine shares of the amount of indebt- 
edness of the interstate district which is payable in that year and which has 
been apportioned in accordance with the capital expense apportionment 
formula in the articles of agreement. The New Hampshire aid shall be 
payable at the rate of forty-five per cent if there are three or less New 
Hampshire members in the interstate district, and otherwise it shall be 
payable as though the New Hampshire members were a New Hampshire 
cooperative school district. New Hampshire and Maine long-term aid shall 
be deducted from the total capital expenses for the fiscal year in which the 
long-term aid is payable, and the balance of such expenses shall be appor- 
tioned among the member districts. Notwithstanding the foregoing provi- 
sions. New Hampshire and Maine may at any time change their state school 
aid programs that are in existence when this compact takes effect and may 
establish new programs, and any legislation for these purposes may specify 
how such programs shall be applied with respect to interstate districts. 

H. Tax Exemption. Bonds and notes of an interstate school district 
shall be exempt from local property taxes in both states, and the interest 
or discount thereon and any profit derived from the disposition thereof 
shall be exempt from personal income taxes in both states. 

Article VIII 
Taking Over of Existing Property 

A. Power to acquire property of member district. The articles of agree- 
ment, or an amendment thereof, may provide for the acquisition by an 
interstate district from a member district of all or a part of its existing 
plant and equipment. 

B. Valuation. The articles of agreement, or the amendment, shall 
provide for the determination of the value of the property to be acquired 
in one or more of the following ways: 



1969] Chapter 250 209 

a. A valuation set forth in the articles of agreement or the amend- 
ment. 

b. By appraisal, in which case, one appraiser shall be appointed by 
eacli commissioner, and a third appraiser appointed by the first two ap- 
praisers. 

C. Reimbursement to Member District. The articles of agreement 
shall specify the method by which the member district shall be reimbursed 
by the interstate district for the property taken over, in one or more of the 
following ways: 

a. By one lump sum, appropriated, allocated and raised by the inter- 
state district in the same manner as an appropriation for operating ex- 
penses. 

b. In installments over a period of not more than twenty years, each 
of which is appropriated, allocated and raised by the interstate district in 
the same manner as an appropriation for operating expenses. 

c. By an agreement to assume or reimburse the member district for 
all principal and interest on any outstanding indebtedness originally in- 
curred by the member district to finance the acquisition and improvement 
of the property, each such installment to be appropriated, allocated and 
raised by the interstate district in the same manner as an appropriation for 
operating expenses. 

The member district transferring the property shall have the same 
obligation to pay to the interstate district its share of the cost of such ac- 
quisition, but may offset its right to reimbursement. 

Article IX 
Amendments to Articles of Agreement 

A. Amendments to the articles of agreement may be adopted in the 
same manner provided for the adoption of the original articles of agree- 
ment, except that: 

a. Unless the amendment calls for the addition of a new member dis- 
trict, the functions of the planning committee shall be carried out by the 
interstate district board of directors. 

b. If the amendment proposes the addition of a new member district, 
the planning committee shall consist of all the members of the interstate 
board and all of the members of the school board of the proposed new 
member district or districts. In such case the amendment shall be submitted 
to the voters at an interstate district meeting, at which an affirmative vote 
of two-thirds of those present and voting shall be required. The articles of 
agreement together with the proposed amendment shall be submitted to 
the voters of the proposed new member district at a meeting thereof, at 
which a simple majority of those present and voting shall be required. 

c. In all cases an amendment may be adopted on the part of an inter- 
state district upon the affirmative vote of voters thereof at a meeting voting 
as one body. Except where the amendment proposes the admission of a 
new member district, a simple majority of those present and voting shall be 
required for adoption. 

d. No amendment to the articles of agreement may impair the rights 



210 Chapter 250 [1969 

of bond or note holders or the power of the interstate district to procure 
the means for their payment. 

Article X 

Applicability of New Hampshire Laws 

A. General School Laws. With respect to the operation and main- 
tenance of any school of the district located in New Hampshire, New 
Hampshire law shall apply except as otherwise provided in this compact 
and except that the powers and duties of the school board shall be exer- 
cised and discharged by the interstate board and the powers and duties of 
the union superintendent shall be exercised and discharged by the inter- 
state district superintendent. 

B. New Hampshire State Aid. A New Hampshire school district shall 
be entitled to receive an amount of state aid for operating expenditures as 
though its share of the interstate district's expenses were the expenses of 
the New Hampshire member district, and as though the New Hampshire 
member district pupils attending the interstate school were attending a 
New Hampshire cooperative school district's school. The state aid shall be 
paid to the New Hampshire member school district to reduce the sums 
which would otherwise be required to be raised by taxation within the 
member district. 

C. Continued Existence of New Hampshire Member School District. 
A New Hampshire member school district shall continue in existence, and 
shall have all of the powers and be subject to all of the obligations imposed 
by law and not herein delegated to the interstate district. If the interstate 
district incorporates only a part of the schools in the member school dis- 
trict, then the school board of the member school district shall continue in 
existence and it shall have all of the powers and be subject to all of the 
obligations imposed by law on it and not herein delegated to the district. 
However, if all of the schools in the member school district are incorporated 
into the interstate school district, then the member or members of the in- 
terstate board representing the member district shall have all of the powers 
and be subject to all of the obligations imposed by law on the members of 
a school board for the member district and not herein delegated to the in- 
terstate district. The New Hampshire member school district shall remain 
liable on its existing indebtedness; and the interstate school district shall 
not become liable therefor, unless the indebtedness is specifically assumed 
in accordance with the articles of agieement. Any trust funds or capital 
reserve funds and any property not taken over by the interstate district 
shall be retained by the New Hampshire member district and held or dis- 
posed of according to law. If all of the schools in a member district are 
incorporated into an interstate district, then no annual meeting of the 
member district shall be required unless the members of the interstate 
board from the member district shall determine that there is occasion for 
such an annual meeting. 

D. Suit and Service of Process in New Hampshire. The courts of New 
Hampshire shall have the same jurisdiction over the district as though a 
New Hampshire member district were a party instead of the interstate dis- 
trict. The service necessary to institute suit in New Hampshire shall be 



1969] Chapter 250 211 

made on the district by leaving a copy of the writ or other proceedings in 
hand or at the last and usual place of abode of one of the directors who 
resides in New Hampshire, and by mailing a like copy to the clerk and to 
one other director by certified mail with return receipt requested. 

E. Employment. Each employee of an interstate district assigned to a 
school located in New Hampshire shall be considered an employee of a 
New Hampshire school district for the purpose of the New Hampshire 
teachers retirement system, the New Hampshire state employees retirement 
system, the New^ Hampshire workmen's compensation law and any other 
la^v relating to the regulation of employment or the provision of benefits 
for employees of New Hampshire school districts except as follows: 

a. A teacher in a New Hampshire member district may elect to remain 
a member of the New Hampshire retirement system, even though assigned 
to teach in an interstate school in jNIaine. 

b. Employees of interstate districts designated as professional or in- 
structional staff members, as defined in article I, may elect to participate 
in the teachers retirement system of either the State of New Hampshire or 
the State of Maine but in no case will they participate in both retirement 
systems simultaneously. 

c. It shall be the duty of the superintendent in an interstate district to: 

(1) advise teachers and other professional staff employees contracted 
for the district about the terms of the contract and the policies and pro- 
cedures of the retirement systems; 

(2) See that each teacher or professional staff employee selects the re- 
tirement system of his choice at the time his contract is signed; 

(3) provide the commissioners of education in New Hampshire and 
in Maine with the names and other pertinent information regarding each 
staff member under his jurisdiction so that each may be enrolled in the re- 
tirement system of his preference. 

Article XI 
Applicability of Maine Laws 

A. General School Laws. With respect to the operation and main- 
tenance of any school of the district located in Maine, the provisions of 
Maine law shall apply except as otherwise provided in this compact and 
except that the powers and duties of the school board shall be exercised 
and discharged by the interstate board and the powers and duties of the 
superintendent shall be exercised and discharged by the interstate district 
superintendent. 

B. Maine State Aid. A Maine school district shall be entitled to re- 
ceive such amount of state aid for operating expenditures as though its 
share of the interstate district's expenses were the expenses of the Maine 
member district, and as though the Maine member district pupils attend- 
ing the interstate schools were attending a Maine unit. Such state aid shall 
be paid to the Maine member school district to reduce the sums which 
would otherwise be required to be raised by taxation within the member 
district. 

C. Continued Existence of Maine School Districts, A Maine school 



212 Chapter 250 [1969 

district shall continue in existence, and shall have all of the powers and be 
subject to all of the obligations imposed by law and not herein delegated 
to the interstate district. If the interstate district incorporates only a part 
of the schools in the member school district, then the school board of the 
member school districts shall continue in existence and it shall have all of 
the powers and be subject to all of the obligations imposed by law on it 
and not herein delegated to the district. However, if all of the schools in 
the member school district are incorporated into the interstate school dis- 
trict, then the member or members of the interstate board representing the 
member district shall have all of the powers and be subject to all of the 
obligations imposed by law on the members of a school board for the mem- 
ber district and not herein delegated to the interstate district. The Maine 
member school district shall remain liable on its existing indebtedness; 
and the interstate school district shall not become liable therefor. Any trust 
funds and any property not taken over shall be retained by the Maine mem- 
ber school district and held or disposed of according to law. 

D. Suit and Service of Process in Maine. The courts of Maine shall 
have the same jurisdiction over the districts as though a Maine member 
district were a party instead of the interstate district. The service necessary 
to institute suit in Maine shall be made on the district by leaving a copy 
of the writ or other proceedings in hand or at the last and usual place of 
abode of one of the directors who resides in Maine, and by mailing a like 
copy to the clerk and to one other director by certified mail with return 
receipt requested. 

E. Employment. Each employee of an interstate district assigned to a 
school located in Maine shall be considered an employee of a Maine school 
district for the purpose of the state retirement system, the Maine work- 
men's compensation law, and any other laws relating to the regulation of 
employment or the provision of benefits for employees of Maine school 
districts except as follows: 

a. A teacher in a Maine member district may elect to remain a mem- 
ber of the state retirement system of Maine, even though assigned to teach 
in an interstate school in New Hampshire. 

b. Employees of interstate districts designated as professional or in- 
structional staff members, as defined in article I, may elect to participate 
in the state retirement system of the State of Maine or the teachers retire- 
ment system of the State of New Hampshire but in no case will they parti- 
cipate in both retirement systems simultaneously. 

c. It shall be the duty of the superintendent in an interstate district to: 

(1) advise teachers and other professional staff employees contracted 
for the district about the terms of the contract and the policies and pro- 
cedures of the retirement system; 

(2) see that each teacher or professional staff employee selects the 
retirement system of his choice at the time his contract is signed; 

(3) provide the commissioners of education in New Hampshire and 
in Maine with the names and other pertinent information regarding each 
staff member under his jurisdiction so that each may be enrolled in the 
retirement system of his preference. 



1969] Chapter 250 213 

Article XH 
Miscellaneous Provisions 

A. Studies. Insofar as practicable, the studies required by the laws of 
both states shall be offered in an interstate school district. 

B. Textbooks. Textbooks and scholar's supplies shall be provided at 
the expense of the interstate district for pupils attending its schools. 

C. Transportation. The allocation of the cost of transportation in an 
interstate school district, as between the interstate district and the member 
districts, shall be determined by the articles of agreement. 

D. Location of Schoolhouses. In any case where a new schoolhouse or 
other school facility is to be constructed or acquired, the interstate board 
shall first determine whether it shall be located in New Hampshire or in 
Maine. If it is to be located in New Hampshire, RSA 199, relating to school- 
houses, shall apply. If it is to be located in Maine, the Maine law relating 
to schoolhouses shall apply. 

E. Fiscal year. The fiscal year of each interstate district shall begin 
on July 1st of each year and end on June 30th of the following year. 

F. Immunity from Tort Liability. Notwithstanding the fact that an 
interstate district may derive income from operating profit, fees, rentals, 
and other services, it shall be immune from suit and from liability for in- 
jury to persons or property and for other torts caused by it or its agents, 
servants or independent contractors, except insofar as it may have liability 
under RSA 281, relating to workmen's compensation or may have under- 
taken such liability under RSA 412:3 relating to the procurement of lia- 
bility insurance by a governmental agency and except insofar as it may 
have undertaken such liability under Maine laws relating to ^vorkmen's 
compensation or Maine laws relating to the procurement of liability in- 
surance by a governmental agency. 

G. Administrative Agreement Between Commissioners of Education. 
The commissioners of education of New Hampshire and Maine may enter 
into one or more administrative agreements prescribing the relationship 
between the interstate districts, member districts, and each of the two state 
departments of education, in which any conflicts between the two states in 
procedure, regulations, and administrative practices may be resolved. 

H. Amendments. Neither state shall amend its legislation or any 
agreement authorized thereby without the consent of the other in such 
manner as to substantially adversely affect the rights of the other state or 
its people hereunder, or as to substantially impair the rights of the holders 
of any bonds or notes or other evidences of indebtedness then outstanding 
or the rights of an interstate school district to procure the means for pay- 
ment thereof. Subject to the foregoing, any reference herein to other stat- 
utes of either state shall refer to such statute as it may be amended or re- 
vised from time to time. 

I. Separability. If any of the provisions of this compact, or legislation 
enabling the same, shall be held invalid or unconstitutional in relation to 
any of the applications thereof, such invalidity or unconstitutionality shall 
not affect other applications thereof or other provisions thereof; and to this 
end the provisions of this compact are declared to be severable. 



214 Chapter 251 [1969 

J. Inconsistency of Language. The validity of this compact shall not 
be affected by any insubstantial differences in its form or language as 
adopted by the two states. 

Article Xin 
Effective Date 

A. This compact shall become effective when a bill of the Maine gen- 
eral assembly which incorporates the compact becomes a law in Maine and 
when it is approved by the United States Congress. 

250:2 Action Authorized. Before the compact inserted by section 1 
of this act becomes effective the commissioner of education of this state may 
act either separately or jointly with the commissioner of education of Maine 
to take whatever steps are necessary to get the compact approved by the 
United States Congress as required by the provisions of the compact, and 
to do any other act consistent with the general policy of the compact that 
is necessary to make preparations for the proper administration of the 
compact. 

250:3 Effective Date. The provisions of section 2 of this act shall take 
effect sixty days after its passage. The provisions of section 1 shall take effect 
as provided by article XIII of the compact. 
[Approved June 13, 1969.] 

[Effective date section 2 effective August 12, 1969. Section 1 shall take effect 
as provided by Article XIII of compact.] 



CHAPTER 251. 

AN ACT RELATIVE TO ACCEPTANCE OF FEDERAL FUNDS BY 
FISH AND GAME DEPARTMENT. 

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

convened: 

251:1 Fish and Game Department Authorized to Receive Federal 
Funds; Filing of Requests and Plans. Amend RSA 206 by inserting after 
section 38 the following new sections: 

206:39 Federal Funds. The department of fish and game is authorized 
to receive and expend with the approval of the governor and council any 
gifts and grants from any source including the United States of America 
and to hold property real and personal, acquired thereunder to complete! 
any project authorized under the provisions of this title. 

206:40 Copies of Plans and Requests to be Filed. The department of 
fish and game shall file copies of any plans or requests for funds submitted 
to the United States government as part of an application for federal funds 
with the speaker of the house and the president of the senate within seven 
days after said plans or requests for funds are submitted. 

251:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 17, 1969.] 
[Effective date August 16, 1969.] 



1969] Chapter 252 215 

CHAPTER 252. 

AN ACT PROHIBITING THE EXPOSURE OF HARMFUL MATERIAL TO CERTAIN MINORS. 

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

252:1 New Chapter. Amend RSA by inserting after chapter 571 -A 
(supp) the following new chapter: 

Chapter 571-B 
Exposing Minor to Harmful Materials 
571-B:1 Definitions. As used in this chapter: 

I. "Minor" means any person under the age of seventeen years. 

II. "Nudity" means the showing of the human male or female genitals, 
pubic area or buttocks with less than a full opaque covering, or the show- 
ing of the female breast with less than a fully opaque covering of any por- 
tion thereof below the top of the nipple, or the depiction of covered male 
genitals in a descernibly turgid state. 

III. "Sexual conduct" means acts of masturbation, homosexuality, 
sexual intercourse, or physical contact with a person's clothed or unclothed 
genitals, pubic area, buttocks or, if such person be a female, breast. 

IV. "Sexual excitement" means the condition of human male or 
female genitals when in a state of sexual stimulation or arousal. 

V. "Sado-masochistic abuse" means flagellation or torture by or upon 
a person clad in undergarments, a mask or bizarre costume, or the condi- 
tion of being fettered, bound or otherwise physically restrained on the part 
of one so clothed. 

VI. "Harmful to minors" means that quality of any description or 
representation, in whatever form, of nudity, sexual conduct, sexual excite- 
ment, or sado-masochistic abuse, when it: 

(a) Predominantly appeals to the prurient, shameful or morbid in- 
terests of minors, and 

(b) Is patently offensive to prevailing standards in the adult com- 
munity as a whole with respect to what is suitable material for minors, and 

(c) Is utterly without redeeming social importance for minors. 

VII. "Knowingly" means having general knowledge of, or reason to 
know, or a belief or ground for belief which warrants further inspection or 
inquiry or both as to: 

(a) The character and content of any material described herein which 
is reasonably susceptible of examination by the defendant, and 

(b) The age of the minor, providing however, that an honest mistake 
shall constitute an excuse from liability hereunder if the defendant made a 
reasonably bona fide attempt to ascertain the true age of such minor. 

571-B:2 Offenses. 

I. It shall be unlawful for any person knowingly to sell or loan for 
monetary consideration to a minor: 



216 Chapter 253 [1969 

(a) Any picture, photograph, drawing, sculpture, motion picture film, 
or similar visual representation or image of a person or portion of the hu- 
man body which depicts nudity, sexual conduct or sado-masochistic abuse 
and which is harmful to minors, or 

(b) Any book, pamphlet, magazine, printed matter however repro- 
duced, or sound recording which contains any matter enumerated in sub- 
paragraph (a) of paragraph I of this section, or explicit and detailed verbal 
descriptions or narrative accounts of sexual excitement, sexual conduct or 
sado-masochistic abuse and which, taken as a whole, is harmful to minors. 

II. It shall be unlawful for any person knowingly to exhibit for a 
monetary consideration to a minor or knowingly to sell to a minor an ad- 
mission ticket or pass or knowingly to admit a minor for a monetary con- 
sideration to premises whereon there is exhibited a motion picture, show 
or other presentation which, in whole or in part, depicts nudity, sexual 
conduct or sado-masochistic abuse and which is harmful to minors. 

571-B:3 Penalty. A person convicted of any violation of this chapter 
shall be fined not more than five hundred dollars or imprisoned not more 
than one year, or both. 

252:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 17, 1969.] 
[Effective date August 16, 1969.] 



CHAPTER 253. 

AN ACT RELATIVE TO THE DISTRIBUTION AND SALE OF THE 
MANUAL FOR THE GENERAL COURT. 

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

253:1 Distribution and Sale. Amend RSA 20:5 by inserting in line five 
after the word "manuals" the following (Manuals shall be distributed with- 
out charge as follows: Not more than three copies to each member of the 
general court; one copy to the clerk of each city and town; one copy to each 
member of the congressional delegation; one copy to each public library 
in the state; five copies to the governor's office; one copy to each member 
of the governor's council; fifteen copies to the office of legislative services; 
copies to each state department, agency, board, institution and to the state 
library on request; and one copy to each member of the press corps regu- 
larly covering the proceedings of the general court. Copies of the manual 
not distributed without charge pursuant to this section shall be offered for 
sale by the secretary of state at a price determined by the governor and 
council. Revenue derived from sale of manuals shall be deposited in the 
general fund) so that said section as amended shall read as follows: 20:5 
Manual. The secretary of state, under the direction of the governor and 
council, shall prepare and cause to be printed a manual for each session 
of the legislature, containing such matter as may be useful to the members 



1969] Chapter 254 217 

thereof, and shall determine the style, form, and quantity of such manuals. 
Manuals shall be distributed without charge as follows: not more than 
three copies to each member of the general court; one copy to the clerk of 
each city and town; one copy to each member of the congressional delega- 
tion; one copy to each public library in the state; five copies to the gover- 
nor's office; one copy to each member of the governor's council; fifteen 
copies to the office of legislative services; copies to each state department, 
agency, board, institution and to the state library on request; and one copy 
to each member of the press corps regularly covering the proceedings of 
the general court. Copies of the manual not distributed without charge 
pursuant to this section shall be offered for sale by the secretary of state 
at a price determined by the governor and council. Revenue derived from 
sale of manuals shall be deposited in the general fund. 

253:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Enacted in accordance with Article 44, Pt. II of N. H. Constitution, without 
signature of governor, June 18, 1969.] 
[Effective date August 17, 1969.] 



CHAPTER 254. 

AN ACT RELATIVE TO THE CONTENT OF PERMITS FOR DRIVEWAYS. 

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

254:1 Content of Permits for Driveways. Amend RSA 249:17 by strik- 
ing out said section and inserting in place thereof the following: 

249:17 Driveways. 

I. It shall be unlawful to construct, or alter in any way that substan- 
tially affects the size or grade of any driveway, entrance, exit, or approach 
within the limits of the right of way of any class I or class III highway or 
the state-maintained portion of a class II highway that does not conform 
to the terms and specifications of a written permit issued by the commis- 
sioner of public works and highways. 

II. Pursuant to this section, a written application must be filed with 
the department of public works and highways by any abuttor affected by 
the provisions of paragraph I. Before any construction or alteration work is 
commenced, said application shall have been reviewed, and approved by 
said department. Said permit shall: 

(a) Describe the location of the driveway, entrance, exit, or approach. 
The location shall be selected to most adequately protect the safety of the 
traveling public. 

(b) Describe any drainage structures to be installed by the abutter. 

(c) Establish grades that adequately protect and promote proper drain- 
age and that permit a safe and controlled approach to the highway in all 
seasons of the year. 



218 Chapter 255 [1969 

(d) Include any other terms or specifications necessary for the safety 
of the traveling public. 

III. No permit shall allow: 

(a) A driveway, entrance, exit, or approach to be constructed more 
than fifty feet in width, except that a driveway, entrance, exit, or approach 
may be flared beyond a width of fifty feet at its junction with the highway 
to accommodate the turning radius of vehicles expected to use the particu- 
lar driveway, entrance, exit, or approach. 

(b) More than two driveways, entrances, exits, or approaches from any 
one highway to any one parcel of land unless the frontage along that high- 
way exceeds five hundred feet. 

254:2 Application. This section shall only apply to permits issued or 
construction alterations commencing after the effective date of this act. 

254:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 255. 

AN ACT RELATIVE TO THE BURDEN OF PROOF IN ACTIONS FOR A DECLARATORY 
JUDGMENT CONCERNING INSURANCE COVERAGE. 

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

255:1 Burden of Proof. Amend RSA 491 by inserting after section 22 
the following new section: 49I:22-a Liability Coverage; Burden of Proof. 

In any petition under section 22 to determine the coverage of a liability 
insurance policy, the burden of proof concerning the coverage shall be upon 
the insurer whether he institutes the petition or whether the claimant as- 
serting the coverage institutes the petition. 

255:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 256. 

AN ACT RELATING TO TRAVEL BY STATE EMPLOYEES BETWEEN HOMES 
AND PLACES OF WORK. 

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

convened: 

256:1 Travel. Amend RSA 4:15 by inserting at the end of the section 
the following: (Notwithstanding the preceding provision, the governor and 



1969] Chapter 257 219 

council may by general regulation provide for the allowance of travel ex- 
penses where the department head, assistant or employee has a work assign- 
ment auay from the place ^vhere his department office is located and it is 
more efficient for such person to proceed directly from his place of resi- 
dence to such work assignment without reporting at his office) so that said 
section as amended shall read as follows: 4:15 Departmental Expenditures. 
The expenditure of any moneys appropriated or otherwise provided to 
carry on the work of any department of the state government shall be sub- 
ject to the approval of the governor, with the advice of the council, under 
such general regulations as the governor and council may prescribe with 
reference to all or any of such departments, for the purpose of securing the 
prudent and economical expenditures of the moneys appropriated. Heads 
of departments, assistants and employees thereof shall not be allowed as 
expenses travel between their places of residence and their department 
offices, nor shall they be allowed board or lodging while in the place in 
which their offices are located. Notwithstanding the preceding provision, 
the governor and council may by general regulation provide for the allow- 
ance of travel expenses where the department head, assistant or employee 
has a work assignment away from the place where his department office is 
located and it is more efficient for such person to proceed directly from his 
place of residence to such work assignment without reporting at his office. 

256:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 257. 

AN ACT TO PLACE THE QUESTION OF THE LENGTH OF TERM FOR CERTAIN 
TOWN OFFICERS ON A PRINTED BALLOT. 

Be it Enacted by the Senate and House of Representatives in Genera! Court 

convened: 

257:1 Tax Collector. Amend RSA 41 by inserting after section 2-a, 
(supp) as inserted by 1967, 243:3, the following new section: 

41:2-b Tax Collector. 

I. At any annual town meeting under an article in the warrant placed 
there by petition, the voters may vote to determine if they are in favor of 
having a three-year term for a tax collector. If the town has adopted an 
official ballot, the clerk shall cause the following question to be printed 
on said ballot: "Are you in favor of changing the term of the tax collector 
from one year to three years, beginning with the term of the tax collector 
to be elected at next year's regular town meeting?" Said question shall be 
printed in the form prescribed by RSA 59:1 2-a. If the town has not adopted 
an official ballot, the clerk shall cause the same question to be printed upon 
special ballots which shall be used to determine the vote of the town. If a 
majority of those voting on the question vote in favor of a three-year term. 



220 Chapter 257 [1969 

at the next annual meeting after the vote of approval, the town shall elect 
a tax collector for the three-year term. 

II. After a three-year term for tax collector has been established, at 
any annual town meeting held the year before the end of the three-year 
term, under an article in the warrant placed there by petition, the voters 
may vote to determine if they are in favor of continuing to have a three- 
year term for the tax collector. If the town has adopted an official ballot, 
the clerk shall cause the following question to be printed on said ballot: 
"Are you in favor of changing the term of the tax collector from three years 
to one year, beginning with the term of a tax collector who shall be elected 
at next year's regular town meeting?" Said question shall be printed in the 
form prescribed by RSA 59:12-a. If the town has not adopted an official 
ballot, the clerk shall cause the same question to be printed upon special 
ballots which shall be used to determine the vote of the town. If a majority 
of those voting on the question do not vote in favor of continuing the three- 
year term, at the next annual town meeting, the voters shall elect a tax 
collector for a one-year term as provided by section 2 of this chapter. 

III. The provisions of this section shall apply to any town having a 
population of forty-five hundred inhabitants or over. 

257:2 Town Clerk. Amend RSA 41 by inserting after section 16-a 
(supp) as inserted by 1967, 243:1 the following new section: 

4I:16-b Town Clerk. 

I. At any annual town meeting under an article in the warrant placed 
there by petition, the voters may vote to determine if they are in favor of 
having a three-year term for town clerk. If the town has adopted an official 
ballot, the clerk shall cause the following question to be printed on said 
ballot: "Are you in favor of changing the term of the town clerk from one 
year to three years, beginning with the term of the town clerk to be elected 
at next year's regular town meeting?" Said question shall be printed in the 
form prescribed by RSA 59:12-a, If the town has not adopted an official 
ballot, the clerk shall cause the same question to be printed upon special 
ballots which shall be used to determine the vote of the town. If a majority 
of those voting on the question vote in favor of a three-year term, at the 
next annual meeting after the vote of approval, the town shall elect a town 
clerk for the three-year term. The duties and bond of the town clerk for a 
three-year term are the same as for a one-year term under section 16 of this 
chapter. 

II. After a three-year term for town clerk has been established, at any 
annual town meeting held the year before the end of the three-year term, 
under an article in the warrant placed there by petition, the voters may 
vote to determine if they are in favor of continuing to have a three-year 
term for the town clerk. If the town has adopted an official ballot, the clerk 
shall cause the following question to be printed on said ballot: "Are you 
in favor of changing the term of the town clerk from three years to one 
year, beginning with the term of a town clerk who shall be elected at next 
year's regular town meeting?" Said question shall be printed in the form 
prescribed by RSA 59:12-a. If the town has not adopted an official ballot, 
the clerk shall cause the same question to be printed upon special ballots 



1969] Chapter 257 221 

which shall be used to determine the vote of the town. If a majority of those 
voting on the question do not vote in favor of continuing the three-year 
term at the next annual town meeting the voters shall elect a clerk for a 
one-year term as provided under section 16 of this chapter. 

III. The provisions of this section shall apply to any town having a 
population of forty-five hundred inhabitants or over. 

257:3 Town Treasurer. Amend RSA 41 by inserting after section 26-a 
(supp) as inserted by 1967, 243:2 the following new section: 

41:26-b Town Treasurer. 

I. At any annual town meeting under an article in the warrant placed 
there by petition, the voters may vote to determine if they are in favor of 
having a three-year term for the town treasurer. If the town has adopted 
an official ballot, the clerk shall cause the following question to be printed 
on said ballot: "Are you in favor of changing the term of the town treas- 
urer from one year to three years, beginning with the term of the town 
treasurer to be elected at next year's regular town meeting?" Said question 
shall be printed in the form prescribed by RSA 59:12-a. If the town has not 
adopted an official ballot, the clerk shall cause the same question to be 
printed upon special ballots which shall be used to determine the vote of 
the town. If a majority of those voting on the question vote in favor of a 
three-year term at the next annual meeting after the vote of approval, the 
town shall elect a town treasurer for the three-year term. 

II. After a three-year term for town treasurer has been established, at 
any annual town meeting held the year before the end of the three-year 
term, under an article in the warrant placed there by petition, the voters 
may vote to determine if they are in favor of continuing to have a three- 
year term for the town treasurer. If the town has adopted an official ballot, 
the clerk shall cause the following question to be printed on said ballot: 
"Are you in favor of changing the term of the town treasurer from three 
years to one year, beginning with the term of a town treasurer who shall 
be elected at next year's regular town meeting?" Said question shall be 
printed in the form prescribed by RSA 59:12-a. If the town has not adopted 
an official ballot, the clerk shall cause the same question to be printed upon 
special ballots which shall be used to determine the vote of the town. If a 
majority of those voting on the question do not vote in favor of continuing 
the three-year term, at the next annual town meeting, the voters shall elect 
a treasurer for a one-year term as provided under section 26 of this chapter. 

III. The provisions of this section shall apply to any town having a 
population of forty-five hundred inhabitants or over. 

257:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



222 Chapter 258 [1969 

CHAPTER 258. 

AN ACT RELATING TO THE POWER OF PLANNING BOARDS TO 
PROMULGATE SUBDIVISION REGULATIONS. 

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

258:1 Power to Prescribe Lot Size. Amend RSA 36:21 by striking out 
in lines twenty-three and twenty-four the words "widths, depths and areas 
of lots so as to avoid congestion of population" and inserting in place 
thereof the following (areas of lots so as to assure conformance with local 
zoning ordinances and to assure such additional area as may be needed for 
each lot for on site sanitary facilities) so that said section as amended shall 
read as follows: 36:21 Subdivision Regulations; General. Before exercis- 
ing the powers referred to in section 19 hereof, the planning board shall 
adopt regulations governing the subdivisions of land within its jurisdiction. 
Such regulations may provide against such scattered or premature subdivi- 
sion of land as would involve danger or injury to health, safety, or pros- 
perity by reason of the lack of water supply, drainage, transportation, or 
other public services, or necessitate an excessive expenditure of public 
funds for the supply of such services. Such regulations may provide for the 
harmonious development of the municipality and its environs; for the 
proper arrangement and co-ordination of streets within subdivisions in re- 
lation to other existing or planned streets or with features of the official 
map of the municipality; for open spaces of adequate proportions and for 
suitably located streets of sufficient width to accommodate existing and 
prospective traffic and to afford adequate light, air, and access of fire-fight- 
ing apparatus and equipment to buildings, and be co-ordinated so as to 
compose a convenient system. The regulations of the board may require 
in proper cases that plats showing new streets or narrowing or widening 
thereof submitted to it for approval shall show a park or parks suitably 
located for playground or other recreational purposes; they may require 
that proposed parks shall be of reasonable size for neighborhood play- 
grounds or other recreation uses, and that the land indicated on plats sub- 
mitted shall be of such character that it can be used for building purposes 
without danger to health; they may prescribe minimum areas of lots so as 
to assure conformance with local zoning ordinances and to assure such ad- 
ditional area as may be needed for each lot for on site sanitary facilities 
and generally may include provisions which will tend to create conditions 
favorable to health, safety, convenience, or prosperity. 

258:2 Effective Date. This act shall take effect sixty days after its pas,- 
sage. 

[Approved June 20, 1969.] 
[Effective date Augtist 19, 1969.] 



1969] Chapter 259 223 

CHAPTER 259. 

AN ACT TO RECLASSIFY A HIGHWAY IN THE TOWN OF JAFFREY. 

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

259:1 Class V highway in Jaffrey. After the effective date of this act, 
the 0.77 miles of Class V highway, known as Prescott Road in the Town of 
Jaffrey, beginning at the end of Cathedral of the Pines Road at the Rindge 
to^\'n line and running northerly to N. H. Route 124 is classified as a Class 
II high^v ay. 

259:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 260. 

AN ACT REGULATING UNAUTHORIZED AND UNLICENSED INSURANCE COMPANIES. 

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

260:1 Purpose. Amend RSA 406-B:l, as inserted by 1967, 237:1, by 
striking out in line fifteen after the word "insurers" the word "and" and 
by inserting in line sixteen after the word "state" the following (and to 
protect the premium tax revenues of this state) so that said section as 
amended shall read as follows: 406-B:l Purpose. The purpose of this 
chapter is to subject certain persons and insurers to the jurisdiction of the 
commissioner, of proceedings before the commissioner, and of the courts 
of this state in suits by or on behalf of the state and insureds or benefici- 
aries under insurance contracts. The legislature declares that it is a subject 
of concern that many residents of this state hold policies of insurance issued 
by persons and insurers not authorized to do business in this state, thus 
presenting to such residents the often insuperable obstable of asserting their 
legal rights under such policies in forums foreign to them under laws and 
rules of practice with which they are not familiar. The legislature declares 
that it is also concerned with the protection of residents of this state against 
acts by persons and insurers not authorized to do an insurance business in 
this state by the maintenance of fair and honest insurance markets, by pro- 
tecting authorized persons and insurers, which are subject to strict regula- 
tion, from unfair competition by unauthorized persons and insurers by 
protecting against the evasion of the insurance regulatory laws of this state 
and to protect the premium tax revenues of this state. In furtherance of 
such state interest, the legislature herein provides methods for substituted 
service of process upon such persons or insurers in any proceeding, suit or 
action in any court and substitute service of any notice, order, pleading 
or process upon such persons or insurers in any proceeding before the com- 
missioner to enforce or effect full compliance with the insurance and tax 



224 Chapter 260 [1969 

statutes of this state, and declares in so doing it exercises its power to pro- 
tect residents of this state and to define what constitutes doing an insurance 
business in this state, and also exercises powers and privileges available to 
this state by virtue of P.L. 79-15 (1945), (chapter 20, 1st sess., S. 340), 59 
Stat. 33, as amended, which declares that the business of insurance and 
every person engaged therein shall be subject to the laws of the several 
states. 

260:2 Definition of Insurance Business. Amend RSA 406-B:2, I, as in- 
serted by 1967, 237:1 by striking out in lines one through eight the words 
"Any of the following acts in this state effected by mail or otherwise is de- 
fined to be doing an insurance business in this state, except as otherwise 
excluded from the operation of this chapter by sub-paragraph II (c) hereof. 
Unless otherwise indicated, the term "insurer" as used in this chapter in- 
cludes all corporations, associations, partnerships, and individuals engaged 
as principals in the business of insurance and also includes inter-insurance 
exchanges and mutual benefit societies. The word "commissioner" shall 
mean the insurance commissioner." and inserting in place thereof the fol- 
lowing (Any of the following acts in this state effected by mail or otherwise 
by or on behalf of an unauthorized insurer is deemed to constitute the 
transaction or doing of an insurance business in this state. The venue of 
an act committed by mail is at the point where the matter transmitted by 
mail is delivered and takes effect. Unless otherwise indicated, the term 
"insurer" as used in this section includes all corporations, associations, 
partnerships and individuals, engaged as principals in the business of insur- 
ance and also includes interinsurance exchanges and mutual benefit so- 
cieties. The word "commissioner" shall mean the insurance commissioner) 
and by inserting in line twenty-two, after the word "insurance" the follow- 
ing (or renewals thereof) so that said paragraph as amended shall read as 
follows: I. Any of the following acts in this state effected by mail or other- 
wise by or on behalf of an unauthorized insurer is deemed to constitute 
the transaction or doing of an insurance business in this state. The venue 
of an act committed by mail is at the point where the matter transmitted 
by mail is delivered and takes effect. Unless otherwise indicated, the term 
"insurer" as used in this section includes all corporations, associations, 
partnerships and individuals, engaged as principals in the business of in- 
surance and also includes interinsurance exchanges and mutual benefit 
societies. The word "commissioner" shall mean the insurance commissioner. 

(a) The making of or proposing to make, as an insurer, an insurance 
contract. 

(b) The making of or proposing to make, as guarantor or surety, any 
contract of guaranty or suretyship as a vocation and not merely incidental 
to any other legitimate business or activity of the guarantor or surety. 

(c) The taking or receiving of any application for insurance. 

(d) The receiving or collection of any premium, commission, member- 
ship fees, assessments, dues or other consideration for any insurance or any 
part thereof. 

(e) The issuance or delivery of contracts of insurance to residents of 
this state or to persons authorized to do business in this state. 

(f) Directly or indirectly acting as an agent for or otherwise represent- 



1969] Chapter 260 225 

ing or aiding on behalf of another any person or insurer in the solicitation, 
negotiation, procurement, or effectuation of insurance or renewals thereof, 
or in the dissemination of information as to coverage or rates, or forward- 
ing or applications, or delivery of policies or contracts, or inspection of 
risks, a fixing of rates or investigation or adjustment of claims or losses 
or in the transaction of matters subsequent to effectuation of the contract 
and arising out of it, or in any other manner representing or assisting a 
person or insurer in the transaction of insurance with respect to subjects 
of insurance resident, located or to be performed in this state. The provi- 
sions of this section shall not operate to prohibit full-time salaried em- 
ployees of a corporate insured from acting in the capacity of an insurance 
manager or buyer in placing insurance in behalf of such employer. 

(g) The doing of any kind of insurance business specifically recognized 
as constituting the doing of an insurance business within the meaning of 
the statutes relating to insurance. 

(h) The doing or proposing to do any insurance business in substance 
equivalent to any of the foregoing in a manner designed to evade the pro- 
visions of the statutes. 

(i) Any other transactions of business in this state by an insurer. 

260:3 Group Policies. Amend RSA 406-B:2, II, as inserted by 1967, 
237:1, by striking out subparagraph (f) thereof and inserting in place there- 
of the following ((f) Transactions in this state involving group life and 
group sickness and accident or blanket sickness and accident insurance or 
group annuities where the master policy of such groups was lawfully issued 
and delivered in and pursuant to the laws of a state in which the insurer 
was authorized to do an insurance business, to a group organized for pur- 
poses other than the procurement of insurance, and ^vhere the policyholder 
is domiciled or otherwise has a bona fide situs.) and by inserting after sub- 
paragraph (g) thereof the following new subparagraphs: ((h) Transactions 
in this state involving any policy of insurance or annuity contract issued 
prior to the effective date of this act. (i) Transactions in this state relative 
to a policy issued or to be issued outside this state involving insurance on ves- 
sels, craft or hulls, cargos, marine builder's risk, marine protection and in- 
demnity or other risk, including strikes and war risks commonly insured 
under ocean or wet marine forms of policy, (j) This chapter shall not apply to 
any life insurance or annuity company organized and operated, without prof- 
it to any private shareholder or individual, exclusively for the purpose of 
aiding educational or scientific institutions organized and operated with- 
out profit to any private shareholder or individual, by issuing insurance 
and annuity contracts direct from the home office of the company and Tvith- 
out agents or representatives in this state, only to or for the benefit of such 
institutions and individuals engaged in the service of such institutions; 
nor shall this chapter apply to any insurance or annuity contracts issued 
by any such life insurance or annuity company, (k) The provisions of this 
chapter, other than the provisions of sections 2, 4, and 5, do not apply to 
ocean marine insurance.) so that said paragraph, as amended, shall read as 
follows: 

II. The provisions of this section do not apply to: 
(a) The lawful transaction of surplus lines insurance. 



226 Chapter 260 [1969 

(b) The lawful transaction of reinsurance by insurers. 

(c) Transactions in this state involving a policy lawfully solicited, 
written, and delivered outside of this state covering only subjects of insur- 
ance not resident, located, or expressly to be performed in this state at the 
time of issuance, and which transactions are subsequent to the issuance of 
such policy. 

(d) Transactions involving contracts of insurance independently pro- 
cured through negotiations occurring entirely outside of this state which are 
reported in accordance with section 12. 

(e) Attorneys acting in the ordinary relation of attorney and client 
in the adjustment of claims or losses. 

(f) Transactions in this state involving group life and group sickness 
and accident or blanket sickness and accident insurance or group annuities 
where the master policy of such groups was lawfully issued and delivered 
in and pursuant to the laws of a state in which the insurer was authorized 
to do an insurance business, to a group organized for purposes other than 
the procurement of insurance, and where the policyholder is domiciled or 
otherwise has a bona fide situs. 

(g) Any insurance company or underwriter issuing contracts of insur- 
ance to industrial insureds, nor to any contract of insurance issued to any 
one or more industrial insureds. Every industrial insured under a contract 
procured from an unauthorized insurer shall pay to the commissioner of 
insurance before March 1 next succeeding the calendar year in wliich the 
insurance was so effectuated, continued, or renewed a premium receipts 
tax of three per cent of the gross premiums charged for such insurance. 
For the purposes of this section, an "industrial insured" is: 

(1) An insured who procures the insurance of any risk or risks other 
than life and annuity contracts by use of the services of a full time em- 
ployee acting as an insurance manager or buyer or the services of a regu- 
larly and continuously retained qualified insurance consultant; and 

(2) An insured whose aggregate annual premiums for insurance on all 
risks total at least fifteen thousand dollars; and 

(3) An insured having at least twenty-five full time employees. 

(h) Transactions in this state involving any policy of insurance or 
annuity contract issued prior to the effective date of this act. 

(i) Transactions in this state relative to a policy issued or to be issued 
outside this state involving insurance on vessels, crafts or hulls, cargos, 
marine builder's risk, marine protection and indemnity or other risk, in- 
cluding strikes and war risks commonly insured under ocean or wet marine 
forms of policy. 

(j) This chapter shall not apply to any life insurance or annuity com- 
pany organized and operated, without profit to any private shareholder or 
individual, exclusively for the purpose of aiding educational or scientific 
institutions organized and operated without profit to any private share- 
holder or individual, by issuing insurance and annuity contracts direct 
from the home office of the company and without agents or representatives 
in this state, only to or for the benefit of such institutions and individuals 
engaged in the service of such institutions; nor shall this chapter apply to 



1969] Chapter 260 227 

any insurance or annuity contracts issued by any such life insurance or 
annuity company. 

(k) The provisions of this chapter, other than the provisions of sec- 
tions 2, 4, and 5, do not apply to ocean marine insurance. 

260:4 Effect of Insuring Without Authority. Amend RSA 406-B:8, as 
inserted by 1967, 237:1, by striking out said section and inserting in place 
thereof the following: 

406-B:8 Validity of Insurance Contracts. 

I. Except for lawfully procured surplus lines insurance and contracts 
of insurance independently procured, through negotiations occurring en- 
tirely outside of this state which are reported in accordance with section 
12, any contract of insurance effective in this state and entered into by an 
unauthorized insurer is unenforceable by such insurer. In event of failure 
of any such unauthorized insurer to pay any claim or loss within the provi- 
sions of such insurance contract, any person who assisted or in any manner 
aided directly or indirectly in the procurement of such insurance contract 
shall be liable to the insured for the full amount thereof pursuant to the 
provisions of such insurance contract. 

II. The failure of an insurer transacting insurance business in this 
state to obtain a certificate of authority shall not impair the validity of 
any act or contract of such insurer and shall not prevent such insurer from 
defending any action at law or suit in equity in any court of this state, but 
no insurer transacting insurance business in this state without a certificate 
of authority shall be permitted to maintain an action in any court of this 
state to enforce any right, claim or demand arising out of the transaction 
of such business until such insurer shall have obtained a certificate of au- 
thority. 

260:5 Injunction. Amend RSA 406-B:9 as inserted by 1967, 237:1 by 
inserting after paragraph II the following new paragraph: III. Whenever 
the commissioner believes, from evidence satisfactory to him, that any in- 
surer is violating or about to violate the provisions of this act, the commis- 
sioner may, with the assistance of the attorney general of this state, cause 
a complaint to be filed in the Merrimack county superior court to enjoin 
and restrain such insurer from continuing such violation or engaging there- 
in or doing any act in furtherance thereof. The court shall have jurisdiction 
of the proceeding and shall have the power to make and enter an order or 
judgment awarding such preliminary or final injunctive relief as in its 
judgment is proper. 

260:6 Penalties. Amend RSA 406-B:13 as inserted by 1967, 237:1 by 
striking out in line three the word "five" and inserting in place thereof the 
word (ten) and by inserting in line seven after the word "month" the fol- 
lowing (or fraction thereof) so that said section as amended shall read as 
follows: 

406-B:13 Penalty for Unauthorized Insurance. 

I. Any unauthorized insurer who does any unauthorized act of an in- 
surance business as set forth in section 2 shall be fined not more than ten 
thousand dollars. 



228 Chapter 260 [1969 

II. In addition to any other penalty provided for herein or otherwise 
provided by law, any person or insurer violating this chapter shall be fined 
five hundred dollars for the first offense and an additional sum of five hun- 
dred dollars for each month or fraction thereof during which any such 
person or insurer continues such violation. 

260:7 Reciprocal Judgment; Short Title; Separability. Amend RSA 
406-B, as inserted by 1967, 237:1, by inserting after section 13 thereof the 
following new sections: 

406-B: 13-a Reciprocal Judgment. 

I. Definition — In this section: 

(a) "Reciprocal state" means any state or territory of the United States 
the laws of which contain procedures substantially similar to those speci- 
fied in this section for the enforcement of decrees or orders in equity issued 
by courts located in other states or territories of the United States, against 
any insurer incorporated or authorized to do business in said state or terri- 
tory. 

(b) "Foreign decree" means any decree or order in equity of a court 
located in a "reciprocal state", including a court of the United States lo- 
cated therein, against any insurer incorporated or authorized to do business 
in this state. 

(c) "Qualified party" means a state regulatory agency acting in its 
capacity to enforce the insurance laws of its state. 

II. List of Reciprocal States. The insurance commissioner of this 
state shall determine which states and territories qualify as reciprocal states 
and shall maintain at all times an up-to-date list of such states. 

III. Filing and Status of Foreign Decrees. A copy of any foreign de- 
cree authenticated in accordance with the statutes of this state may be filed 
in the office of the clerk of any superior court of this state. The clerk, upon 
verifying ^vith the insurance commissioner that the decree or order quali- 
fies as a "foreign decree" shall treat the foreign decree in the same manner 
as a decree of a superior court of this state. A foreign decree so filed has 
the same effect and shall be deemed as a decree of a superior court of this 
state, and is subject to the same procedures, defenses and proceedings for 
reopening, vacating, or staying as a decree of a superior court of this state 
and may be enforced or satisfied in like manner. 

IV. Notice of Filing. 

(a) At the time of the filing of the foreign decree, the attorney gen- 
eral shall make and file with the clerk of the court an affidavit setting forth 
the name and last known post office address of the defendant. 

(b) Promptly upon the filing of the foreign decree and the affidavit, 
the clerk shall mail notice of the filing of the foreign decree to the de- 
fendant at the address given and to the insurance commissioner of this 
state and shall make a note of the mailing in the docket. In addition, the 
attorney general may mail a notice of the filing of the foreign decree to 
the defendant and to the insurance commissioner of this state and may file 
proof of mailing with the clerk. Lack of mailing notice of filing by the clerk 
shall not affect the enforcement proceedings if proof of mailing by the at- 
torney general has been filed. 



1969] Chapter 261 229 

(c) No execution or other process for enforcement of a foreign decree 
filed hereunder shall issue until thirty days after the date the decree is filed. 

V. Stay. 

(a) If the defendant shows the superior court that an appeal from the 
foreign decree is pending or will be taken, or that a stay of execution has 
been granted, the court shall stay enforcement of the foreign decree until 
the appeal is concluded, the time for appeal expires, or the stay of execu- 
tion expires or is vacated, upon proof that the defendant has furnished the 
security for the satisfaction of the decree required by the state in which it 
was rendered. 

(b) If the defendant shows the superior court any ground upon which 
enforcement of a decree of any superior court of this state would be stayed, 
the court shall stay enforcement of the foreign decree for an appropriate 
period, upon requiring the same security for satisfaction of the decree which 
is required in this state. 

VI. Fees. Any person filing a foreign decree shall pay to the clerk of 
court ten dollars. Fees for docketing, transcription or other enforcement 
proceedings shall be as provided for decrees of the superior court. 

406-B:I3-b Short Title. This act may be cited as the "Uniform Unau- 
thorized Insurers Act." 

406-B:13-c Separability. If any provision of this act or the application 
thereof to any person or circumstances is held invalid, such invalidity shall 
not affect other provisions or applications of the act which can be given 
effect without the invalid provision and to this end the provisions of this 
act are declared to be severable. 

260:8 Effective Date. This act shall take effect upon its passage. 
[Approved June 20, 1969.] 
[Effective date June 20, 1969.] 



CHAPTER 261. 

AN ACT RELATIVE TO DEFINING THE APPROACH CHANNEL TO RYE HARBOR. 

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

261:1 Approach Channel. Amend RSA 211:19-a, III (supp) as inserted 
by 1965, 170:1 by striking out in lines six through nineteen all after the 
words "Ragged Neck point" and inserting in place thereof the following 
(The harbor master may designate and buoy at his discretion a channel, at 
least one hundred feet wide, running from the jetties at the harbor en- 
trance to a point in the vicinity of the whistling buoy. Said channel as 
designated shall be the approach channel to Rye harbor) so that said para- 
graph as amended shall read as follows: III. Rye harbor as used in this 
section means the area below high water mark inside the northeast and 
southwest breakwater on the seashore at Rye, and an area west of an imag- 
inary line beginning two hundred feet seaward from the day marker on the 



230 Chapter 262 [1969 

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 harbor master may designate and buoy at his 
discretion a channel, at least one hundred feet wide, running from the 
jetties at the harbor entrance to a point in the vicinity of the whistling 
buoy. Said channel as designated shall be the approach channel to Rye 
harbor. 

261:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 262. 

AN ACT TO RECLASSIFY A CLASS V HIGHWAY IN THE TOWN OF THORNTON 
TO A CLASS II HIGHWAY. 

Be it Enacted by the Senate and House of Representatives i7i General Court 
convened: 

262:1 . Class V highway in Thornton. After the effective date of this act, 
the 0.78 miles of class V highway, known as the West Thornton Road, which 
begins at U. S. Route 3 in Thornton and runs easterly across the Pemige- 
wasset River to N. H. Route 175, is classified a class II highway. 

262:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 263. 

AN ACT RELATIVE TO A PERIODIC VERIFICATION OF THE CHECK-LIST. 

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

263:1 Verification Every Ten Years. Amend RSA 69 by inserting after 
section 26 the following new section: 

69:26-a Verification Every Ten Years. 

I. In addition to any verification procedure carried out under the 
provisions of the foregoing section, the supervisors shall verify the check-list 
once every ten years, beginning in 1971. 

II. Between April 1 and August 1 during each year ending with a one, 
the supervisors shall advertise notice of their sessions at least twice in some 
newspaper of general circulation in the town or city in question and hold 
sufficient sessions for verification of the check-list as in their opinion will 



1969] • Chapter 264 231 

enable all eligible voters in said town or ward to appear before them_dur- 
ing said period and register or reregister as the case may be. Whenever a 
person is reregistered, his party designation, if any, on the check-list under- 
going revision shall not be changed except as provided in section 40 of 
chapter 56. 

III. Beginning June 1 during each year ending with a one, the super- 
visors shall review the check-list and shall strike therefrom the names of 
all persons who have not registered or reregistered under paragraph I here- 
of; provided that there shall not be striken from said check-list the name 
of any person duly qualified to vote, unless such person, not less than thirty 
days prior to such action, shall have been notified by the supervisors by 
certified mail at his last known address of his failure to reregister and in- 
formed of the procedure to be followed in order to reregister and have his 
name retained on said check-list, nor unless such person shall have been 
given a reasonable opportunity to follow said procedure. Provided further 
that if a majority of the supervisors have personal knowledge of the voting 
qualifications of any person who by July 30 has failed to reregister here- 
under, they may retain his name on the revised check-list. 

IV. Upon completion of verification of the check-list but in no event 
later than September 1, the supervisors shall file with the secretary of state 
the following certificate: We, the supervisors of the check-list (or registrars 

of voters) of the town (or ward ) of , do hereby certify 

that we have verified the check-list of registered voters in the town (or 

ward of the city) of pursuant to the provisions of RSA 

69:26-a. 

V. In verifying the check-list in accordance with the provisions hereof, 
the supervisors shall not register or reregister any person unless he is a duly 
qualified voter as required by the provisions of chapters 54 and 55 of the 
Revised Statutes Annotated. 

VI. The supervisors may appoint such temporary assistant supervisors 
as may be necessary. As compensation for services performed hereunder, 
the supervisors and assistant supervisors shall receive such sums as may be 
voted by the city government or town meeting of the city or town in which 
they serve. 

263:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 264. 

AN ACT RELATIVE TO LIQUOR AND BEVERAGE LICENSES AND PERMITS. 

Be it Enacted by the Senate and House of Representatives in General Court 
convened: 
264:1 Restriction. Amend RSA 181:14 by striking out the first sentence 



232 Chapter 265 [1969 

thereof and inserting in place thereof the following sentence: (The holder 
of a manufacturer's or wholesaler's permit may hold one off-sale permit 
and one on-sale permit with respect to the premises designated in such 
manufacturer's or wholesaler's permit provided that said on-sale permit is 
issued in connection with the granting of a first-class restaurant license) so 
that said section as amended shall read as follows: 181:14 Restriction. The 
holder of a manufacturer's or wholesaler's permit may hold one off-sale 
permit and one on-sale permit with respect to the premises designated in 
such manufacturer's or wholesaler's permit provided that said on-sale per- 
mit is issued in connection with the granting of a first-class restaurant 
license. The holder of a wholesaler's permit shall maintain a regular place 
of business in this state. The holder of a manufacturer's permit shall not 
sell beverages to other permittees by virtue of such permit unless such bev- 
erages were manufactured in this state. Retail permittees shall purchase 
only from holders of a wholesaler's or manufacturer's permit. 

264:2 Licenses for Certain Restaurants. Amend RSA 181 by inserting 
after section 14 the following: 181:14-a Licenses for Restaurants on Manu- 
facturer's or Wholesaler's Premises. The holder of a manufacturer's or 
wholesaler's permit, or his designee, may be issued licenses and a permit 
pursuant to the provisions of RSA 178:3-a, 178:3-c and 181:4 in the discre- 
tion of the commission. The annual fee for each license and permit issued 
under this section shall be the same as required from licensees and per- 
mittees under RSA 178:3-a and 181:16. 

264:3 Employment of Minors; Exception. Amend RSA 175 by insert- 
ing after section 8-b the following new section: 175:8-c Employment of 
Minors; Exception. Notwithstanding the provisions of section 8 of this 
chapter, holders of manufacturer's permits under the provisions of RSA 
181:8 may employ minors of eighteen years of age or over, provided that 
such minors shall not be employed as a solicitor under the provisions of 
RSA 181:10. 

264:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 265. 

AN ACT PROTECTING RIGHTS OF OFFICIALS AND EMPLOYEES AT 
RACE MEETS FROM DAMAGE SUITS. 

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

265:1 Race Meets and Racing Commission. Amend RSA 284 by insert- 
ing after section 20 the following new section: 284:20-a Rights Protected. 
No licensee conducting a race or meet hereunder, no member of the state 
racing commission, no steward, judge, or assistant official appointed to act 
as such pursuant to the provisions of this chapter, shall be liable for dam- 



1969] Chapter 266 233 

ages to any person, association or corporation for any cause whatsoever 
arising out of or from the performance by such licensee, commissioner, 
steward, judge or assistant official of his duties and the exercise of his dis- 
cretion with respect thereto, so long as he acted in good faith, without 
malice or improper motive. 

265:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 266. 

AN ACT REMOVING DEBTS INCURRED BY A HOUSING AUTHORITY FROM THE STATUTORY 
LIMITATIONS PLACED ON DEBTS OF MUNICIPALITIES. 

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

266:1 Housing Authority Debts. Amend RSA 203:23, XII as inserted 
by 1961, 39:1 by inserting at the end thereof the following (providing that 
any debt incurred as a result of the sale of such bonds or notes, by a munici- 
pality which has a population of more than sixty thousand as of the last 
published Federal census preceding such sale, shall be a debt outside of 
the statutory debt limit of the municipality and shall at no time be included 
in the net indebtedness of such municipality for the purpose of ascertaining 
its borro^ving capacity) so that said paragraph as amended shall read as 
follows: XII. Any municipality may issue and sell its general obligation 
bonds or notes to raise funds to be donated to a housing authority or used 
in the exercise of any of the other powers granted to the municipality un- 
der the provisions of RSA 203 and RSA 205, providing that any debt in- 
curred as a result of the sale of such bonds or notes, by a municipality which 
has a population of more than sixty thousand as of the last published Fed- 
eral census preceding such sale, shall be a debt outside of the statutory debt 
limit of the municipality and shall at no time be included in the net in- 
debtedness of such municipality for the purpose of ascertaining its borrow- 
ing capacity. 

266:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969.] 



CHAPTER 267. 

AN ACT AMENDING THE HOUSING AUTHORITIES LAW TO PROVIDE ADDITIONAL 
DWELLING UNITS FOR FAMILIES OF LOW INCOME. 

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



234 Chapter 267 [1969 

267:1 Powers of Housing Authority. Amend RS A 203:8, II by inserting 
at the end thereof the following (and to contract with the owners or oper- 
ators of any real property to make available to persons of low income at 
rentals within the financial reach of such persons all or part of any housing 
project to be constructed on any real property and all or part of any hous- 
ing project to be reconstructed in the rehabilitation of any structure or 
structures on any real property. The phrase "owners or operators" as used 
herein shall mean corporations or partnerships organized and operated 
exclusively for religious, charitable, scientific, literary or educational pur- 
poses, no part of the net earnings of which accrues to the benefit of any 
private shareholder or individual; and the phrase also shall mean limited 
dividend corporations as defined by the assistant secretary-commissioner 
of the Federal Housing Administration of the United States government) 
so that said paragraph as amended shall read as follows: II. Within its 
area of operation: to prepare, carry out, acquire, lease and operate housing 
projects; to provide for the construction, reconstruction, improvement, 
alteration or repair of any housing project or any part thereof, and to con- 
tract with the owners or operators of any real property to make available 
to persons of low income at rentals within the financial reach of such per- 
sons all or part of any housing project to be constructed on any real prop- 
erty and all or part of any housing project to be reconstructed in the 
rehabilitation of any structure or structures on any real property. The 
phrase "owners or operators" as used herein shall mean corporations or 
partnerships organized and operated exclusively for religious, charitable, 
scientific, literary or educational purposes, no part of the net earnings of 
which accrues to the benefit of any private shareholder or individual; and 
the phrase also shall mean limited dividend corporations as defined by the 
assistant secretary-commissioner of the Federal Housing Administration of 
the United States government. 

267:2 Tax Exemption for Low Income Housing. Amend RSA 203:23 
as amended by 1961, 39:1 and 1965, 109:2 by inserting after paragraph XIII 
(supp) the following new paragraph: XIV. Enter into agreements with a 
housing authority to exempt from all taxes and special assessments all or 
part of any housing project provided under contracts with owners or oper- 
ators of any real property during the period such housing project or any 
part thereof is made available for families of low income as provided in 
paragraph 203:8, II and even though a housing authority does not become 
the owner of any such real property as a result of any such contract or con- 
tracts. Real property so made available, is declared to be used for essential 
public and governmental purposes and such real property shall be exernpt 
from all taxes and special assessments of the state or any political subdivi- 
sion for the period so made available; provided that, in lieu of such taxes, 
an authority may require that the owners or operators of any such real 
property shall make such payments to the state or any political subdivision 
as the authority finds consistent with the maintenance of the low-rent char- 
acter of the housing projects or the achievement of the purpose of the hous- 
ing authorities law. On or before March 1 of each year, the authority shall 
furnish to the municipality a certificate setting forth the real property to 
be exempt from all taxes and special assessments as provided herein during 
the ensuing tax year. This paragraph shall apply only to municipalities 



1969] Chapter 268 235 

which have a population of more than sixty thousand as of the last pub- 
lished Federal census at the time of the approval of any such exemption. 

267:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 20, 1969.] 
[Effective date August 19, 1969,] 



CHAPTER 268. 

AN ACT RELATIVE TO QUALIFICATION OF A PERSON TO BE APPOINTED AS A 

BANK OFFICIAL. 

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

convened: 

268:1 Bank Officials. Amend RSA 383:6, as amended by 1959, 199:5 by 
inserting at the end thereof the words: (The provisions of this section rela- 
tive to indebtedness to a corporation or association under the supervision 
of the commissioner shall not disqualify a person who, at the time of his 
appointment, is indebted to such corporation or association for a home 
mortgage loan) so that said section as amended shall read as follows: 383:6 
Qualifications. No person who is not a resident of the state at the time of 
his appointment or who fails to become a resident of the state within one 
year after his appointment, and no person who is indebted to any corpora- 
tion or association under the supervision of the commissioner, or who holds 
any stock or office in any such corporation or association, or who is engaged 
as principal or agent in the business of selling or negotiating in this state 
loans, stocks, or securities of any kind, or who is an officer or stockholder 
in any corporation engaged in such business, shall be eligible to hold or 
continue to hold the office of commissioner, deputy commissioner or as- 
sistant commissioner. The provisions of this section relative to indebtedness 
to a corporation or association under the supervision of the commissioner 
shall not disqualify a person who, at the time of his appointment, is in- 
debted to such corporation or association for a home mortgage loan. 

268:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 269. 

AN ACT RELATIVE TO FUNDS FOR STATE NURSING SCHOLARSHIP PROGRAM. 

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

269:1 Maximum Amount of Aid. Amend RSA 326:32 as inserted by 
1957, 288:3 and amended by 1959, 221:1 and 1963, 265:1 by striking out in 



236 Chapter 270 [1969 

lines three through eight the words "The maximum amount which the 
board may grant to any one student nurse in basic professional nursing 
training shall not exceed one thousand dollars for the three or four-year 
period of which not over five hundred dollars may be awarded for the first 
year, not over three hundred dollars for the second year and not over two 
hundred dollars for the third and/or fourth year," and inserting in place 
thereof the words (The maximum amount which the board may grant to 
any one student nurse in a basic program preparing for licensure as a reg- 
istered nurse shall not exceed a total of twelve hundred dollars for the two, 
three or four year period and no more than four hundred dollars shall be 
granted for any one year) so that the said section as amended shall read as 
follows: 326:32 Amount of Aid. The maximum amount which the board 
may grant to any one student nurse in basic practical nursing training shall 
be two hundred fifty dollars during her course of study. The maximum 
amount which the board may grant to any one student nurse in a basic 
program preparing for licensure as a registered nurse shall not exceed a 
total of twelve hundred dollars for the two, three or four year period and 
no more than four hundred dollars shall be granted for any one year, and 
to any one registered nurse in advanced nursing education shall not exceed 
one thousand dollars per year for a period of not more than two years, all 
of which shall be paid to the student or registered nurse subject to such 
rules and restrictions as the board may impose. Said rules may include pro- 
visions relative to times ^vhen payments shall be made of the grants pro- 
vided for hereunder, 

269:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 270. 

AN ACT TO PROHIBIT THE DOPING AND STIMULATING OF ANIMALS ENGAGED 
IN PULLING COxNTESTS. 

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

270:1 Doping and Stimulating Prohibited. Amend RSA 443 by insert- 
ing after section 89 the following new subdivision: 

Pulling Contests 

443:90 Doping and Stimulating. It is unlawful for any person to ad- 
minister internally or externally a drug, or stimulants, or appliances of a 
nature that could affect or alter the normal performance of an animal en- 
tered in a pulling contest. 

443:91 Test Authorized. The commissioner of agriculture is hereby 
authorized to take such tests of the saliva and/or urine of any animal en- 
tered in a pulling contest as he may deem necessary. If a drug is found in 



1969] Chapter 271 237 

the chemical analysis of said saliva or urine, it shall be prima facie evidence 
that the drug has been administered, 

443:92 — Hearing, Finding, Order, etc. Within fourteen days from the 
date test results are received by the commissioner, the commissioner shall 
notify the fair association or management of said pulling contest and the 
animal's owner of the results thereof. If the presence of a drug is found in 
said test, the commissioner shall hold a hearing, whereat the owner of the 
animal or his representative may appear and be heard. On the basis of all 
the evidence presented, the commissioner of agriculture shall make a find- 
ing as to whether the provisions of section 90 have been violated, and shall 
make an appropriate order as to whether the owner, his representative 
and the animal, or any of them, shall be eligible to participate in any fu- 
ture state, county, district or community fair pulling contest, or any other 
pulling contest in New Hampshire. 

443:93 — Pending Decision. The owner of an animal in which the test 
results show a drug present, his representative, and all animals owned or 
leased to them shall be ineligible to participate in or receive premiums 
offered at any county, district, or community fair or any other pulling con- 
test in New Hampshire pending an investigation, finding, and order of the 
commissioner of agriculture. 

443:94 Rules and Regulations. The commissioner of agriculture or 
his agent may make rules and regulations as necessary to carry out the in- 
tent of this subdivision. 

443:95 Appeal. Any person aggrieved by a finding and order of the 
commissioner of agriculture in the enforcement of this subdivision may 
appeal to the superior court in the county in which the pulling contest was 
held in accordance with the provisions of RSA 541. 

270:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 271. 

AN ACT PROVIDING INSURANCE EQUALITY FOR CHIROPRACTORS, OSTEOPATHS, 
OPTOMETRISTS, AND PODIATRISTS. 

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

271:1 Form of Policy. Amend RSA 415:5 (A) by inserting after sub- 
paragraph (7) the following new subparagraph: (8) wherever such policy 
provides for reimbursement for any service which may be legally performed 
by a person licensed in this state for the practice of osteopathy, chiroprac- 
tic, podiatry or optometry, said policy contains a provision for reimburse- 
ment for such service when performed by a person so licensed. 

271:2 Group or Blanket Policy Provisions. Amend RSA 415:18 by in- 
serting after paragraph V (supp) as inserted by 1969, 163:1 the following 



238 Chapter 272 [1969 

new paragraph: VI. Notwithstanding any provision of any policy of in- 
surance issued under the provisions of this section, whenever such policy 
provides for reimbursement for any service which may be legally performed 
by a person licensed in this state for the practice of osteopathy, chiropractic, 
podiatry or optometry reimbursement under such policy shall not be denied 
when such service is rendered by a person so licensed. 

271:3 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 272. 

AN ACT RELATIVE TO THE REHABILITATION AND LIQUIDATION OF INSURERS. 

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

272:1 New Chapter. Amend RSA by inserting after chapter 402-B 
(supp) as inserted by 1969, 218:1 the following new chapter: 

Chapter 402-C 
Insurers Rehabilitation and Liquidation 
402-C: 1 Title, Construction and Purpose. 

I. Short Title. This chapter may be cited as the "Insurers Rehabilita- 
tion and Liquidation Act." 

II. Construction: No Limitation of Powers. This chapter shall not be 
interpreted to limit the powers granted the commissioner by other provi- 
sions of the law. 

III. Liberal Construction. This chapter shall be liberally construed 
to effect the purpose stated in paragraph IV. 

IV. Purpose. The purpose of this chapter is the protection of the in- 
terests of insureds, creditors, and the public generally, with minimum 
interference with the normal prerogatives of proprietors, through: 

(a) Early detection of any potentially dangerous condition in an 
insurer, and prompt application of appropriate corrective measures, neither 
unduly harsh nor subject to the kind of publicity that would needlessly 
damage or destroy the insurer; 

(b) Improved methods for rehabilitating insurers, by enlisting the ad- 
vice and management expertise of the insurance industry; 

(c) Enhanced efficiency and economy of liquidation, through clarifica- 
tion and specification of the law, to minimize legal uncertainty and litiga- 
tion; 

(d) Equitable apportionment of any unavoidable loss; 

(e) Lessening the problems of interstate rehabilitation and liquidation 
by facilitating co-operation between states in the liquidation process, and 



1969] Chapter 272 239 

by extension of the scope of personal jurisdiction over debtors of the in- 
surer outside this state; and 

(f) Regulation of the insurance business by the impact of the law re- 
lating to delinquency procedures and substantive rules on the entire insur- 
ance business. 

402-C:2 Persons Covered. The proceedings authorized by this chapter 
may be applied to: 

I. All insurers who are doing, or have done, an insurance business in 
this state, and against whom claims arising from that business may exist 
now or in the future; 

II. All insurers who purport to do an insurance business in this state; 

III. All insurers who have insureds resident in this state; 

IV. All other persons organized or in the process of organizing with 
the intent to do an insurance business in this state; and 

V. All hospital and medical service plans as defined in RSA 419 and 
RSA 420 and all fraternal benefit and mutual benefit societies as defined 
in RSA 418. 

402-C:3 Definitions. For the purposes of this chapter: 

I. "Commissioner" means the commissioner of insurance or equivalent 
insurance supervisory official. 

II. "Receiver" means receiver, liquidator, rehabilitator or conservator, 
as the context requires. 

III. "Insurer" means any person who is doing, has done, purports to 
do or is licensed to do an insurance business and is or has been subject to 
the authority of, or to liquidation, rehabilitation, reorganization or con- 
servation by, a commissioner. For purposes of this chapter, ail other persons, 
included under this section shall be deemed to be insurers. 

IV. "Delinquency proceeding" means any proceeding commenced 
against an insurer for the purpose of liquidating, rehabilitating, reorganiz- 
ing or conserving such insurer, and any summary proceeding under sections 
11 to 14. 

V. "State" means any state of the United States and the Panama Canal 
Zone. 

VI. "Foreign country" means territory not in any state. 

VII. "Domiciliary state" means the state in which an insurer is incor- 
porated or organized or, in the case of an alien insurer, the state in which 
the insurer has, at the commencement of delinquency proceedings, the 
largest amount of its assets held in trust and on deposit for the benefit of 
policyholders and creditors in the United States. 

VIII. "Ancillary state" means any state other than a domiciliary state. 

IX. "Reciprocal state" means any state other than this state in which 
in substance and effect paragraph I of section 21, paragraphs I and II of 
section 54 and sections 55, 57, and 60 are in force, and in which provisions 
are in force requiring that the commissioner be the receiver of a delinquent 



240 Chapter 272 [1969 

insurer, and in which some provision exists for the avoidance of fraudulent 
conveyances and preferential transfers. 

X. "General assets" means all property, real, personal or otherwise, 
not specifically mortgaged, pledged, deposited or otherwise encumbered for 
the security or benefit of specified persons or limited classes of persons, 
and as to specifically encumbered property the term includes all such prop- 
erty or its proceeds in excess of the amount necessary to discharge the sums 
secured thereby. Assets held in trust and on deposit for the security or 
benefit of all policyholders or all policyholders and creditors, in more than 
a single state, shall be treated as general assets. 

XL "Preferred claim" means any claim with respect to which the law 
accords priority of payment from the general assets of the insurer. 

XII. "Special deposit claim" means any claim secured by a deposit 
made pursuant to law for the security or benefit of one or more limited 
classes of persons, but not including any claim secured by general assets. 

XIII. "Secured claim" means any claim secured by mortgage, trust 
deed, pledge, deposit as security, escrow or otherwise, but not including 
special deposit claims or claims against general assets. The term also in- 
cludes claims which have become liens upon specific assets by reason of ju- 
dicial process, except where they have been invalidated. 

XIV. "Insolvency" means: 

(a) For an insurer organized as a town or county mutual, the inability 
to pay any loss within thirty days after the due date specified in the first 
assessment notice issued after the date of the loss, or any other uncontested 
debt as it becomes due. 

(b) For any other insurer, that it is unable to pay its debts or meet its 
obligations as they mature or that its assets do not exceed its liabilities plus 
the greater of 1.) any capital and surplus required by law to be constantly 
maintained, or 2.) its authorized and issued capital stock. For purposes of 
this subsection, "assets" includes one-half of the maximum total assessment 
liability of the policyholders of the insurer, and "liabilities" includes re- 
serves required by law. For policies issued on the basis of unlimited assess- 
ment liability, the maximum total liability, for purposes of determining 
solvency only, shall be deemed to be that amount that could be obtained if 
there were one hundred percent collection of an assessment at the rate of 
ten mills. 

XV. "Fair consideration" is given for property or an obligation: 

(a) When in exchange for such property or obligation, as a fair equiva- 
lent therefor, and in good faith, property is conveyed or services are ren- 
dered or obligation is incurred or an antecedent debt is satisfied; or 

(b) When such property or obligation is received in good faith to se- 
cure a present advance or antecedent debt in amount not disproportionately 
small as compared to the value of the property or obligation obtained. 

XVI. "Creditor" is a person having any claim, whether matured or 
unmatured, liquidated or unliquidated, secured or unsecured, absolute, 
fixed or contingent. 



1969] Chapter 272 241 

XVII. "Transfer" includes the sale and every other method, direct or 
indirect, of disposing of or of parting with property or with an interest 
therein or with the possession thereof or of fixing a lien upon property or 
upon an interest therein, absokitely or conditionally, voluntarily or in- 
voluntarily, by or without judicial proceedings. The retention of a security 
title to property delivered to a debtor shall be deemed a transfer suffered 
by the debtor. 

XVIII. "Doing business" has the meaning designated in RSA 406-B:2. 
402-C:4 Jurisdiction and Venue. 

I. Actions by Commissioner. Except as provided in paragraph II of 
this section and paragraph I of section 24, no delinquency proceeding shall 
be commenced under this chapter by anyone other than the commissioner 
of this state and no court shall have jurisdiction to entertain, hear or deter- 
mine any proceeding commenced by any other person. 

II. Actions by Judgment Creditors. 

(a) The judgment creditors of three or more unrelated judgments 
may commence proceedings under the conditions and in the manner pre- 
scribed in this subsection, by serving notice upon the commissioner and the 
insurer of intention to file a petition for liquidation under sections 20 or 53. 
Each of the judgments must: 

(1) Have been rendered against the insurer by a court in this state 
having jurisdiction over the subject matter and the insurer; 

(2) Have been entered more than sixty days before the service of no- 
tice; 

(3) Not have been paid in full; 

(4) Not be the subject of a valid contract between the insurer and 
any judgment creditor for payment of the judgment, unless the contract 
has been breached by the insurer; and 

(5) Not be a judgment on which an appeal or review is pending. 

(b) If any one of the judgments in favor of a petitioning creditor re- 
mains unpaid for thirty days after service of the notice, and the commis- 
sioner has not then filed a petition for liquidation, the creditor may file in 
the name of the commissioner a verified petition for liquidation of the 
insurer under sections 20 or 53 alleging the conditions stated in this sub- 
section. The commissioner shall be served and joined in the action. 

III. Exclusiveness of Proceedings. No court of this state shall have 
jurisdiction to entertain, hear or determine any complaint praying for the 
dissolution, liquidation, rehabilitation, sequestration, conservation or re- 
ceivership of any insurer, or praying for an injunction or restraining order 
or other relief preliminary to, incidental to or relating to such proceedings 
other than in accordance with this chapter. 

IV. Change of Venue. Venue for proceedings arising under this chap- 
ter shall be laid initially as specified in the sections providing for such 
proceedings. All other actions and proceedings initiated by the receiver 
may be commenced and tried where the delinquency proceedings are then 
pending or Merrimack county superior court. All other actions and pro- 
ceedings against the receiver shall be commenced and tried in the county 



242 Chapter 272 [1969 

where the delinquency proceedings are pending. At any time upon motion 
of any party, venue may be changed by order of the court or the presiding 
judge thereof to any other superior court in this state, as the convenience 
of the parties and witnesses and the ends of justice may require. This sub- 
section relates only to venue and is not jurisdictional. 

V. Personal Jurisdiction, Grounds For. In addition to other grounds 
for jurisdiction provided by the law of this state, a court of this state hav- 
ing jurisdiction of the subject matter has jurisdiction over a person served 
in an action brought by the receiver of a domestic insurer or an alien in- 
surer domiciled in this state: 

(a) If the person served is obligated to the insurer in any way as an 
incident to any agency or brokerage arrangement that may exist or has 
existed between the insurer and the agent or broker, in any action on or 
incident to the obligation; 

(b) If the person served is a reinsurer who has at any time written a 
policy of reinsurance for an insurer against which a rehabilitation or 
liquidation order is in effect when the action is commenced, or is an agent 
or broker of or for the reinsurer, in any action on or incident to the rein- 
surance contract; or 

(c) If the person served is or has been an officer, manager, trustee, 
organizer, promoter or person in a position of comparable authority or 
influence in an insurer against which a rehabilitation or liquidation order 
is in effect when the action is commenced, in any action resulting from the 
relationship with the insurer. 

VI. Forum Non Conveniens. If the court on motion of any party 
finds that any action commenced under paragraph V should as a matter of 
substantial justice be tried in a forum outside this state, the court may 
enter an order to stay further proceedings on the action in this state. 

402-C:5 Injunctions and Orders. 

I. Injunctions in this State. Any receiver appointed in a proceeding 
under this chapter may at any time apply for and any court of general juris- 
diction in this state may grant, such restraining orders, temporary and 
permanent injunctions, and other orders as are deemed necessary and proper 
to prevent: 

(a) The transaction of further business; 

(b) The transfer of property; 

(c) Interference with the receiver or with the proceedings; 

(d) Waste of the insurer's assets; 

(e) Dissipation and transfer of bank accounts; 

(f) The institution or further prosecution of any actions or proceed- 
ings; 

(g) The obtaining of preferences, judgments, attachments, garnish- 
ments or liens against the insurer or its assets; 

(h) The levying of execution against the insurer or its assets; 
(i) The making of any sale or deed for nonpayment of taxes or assess- 
ments that would lessen the value of the assets of the insurer; 



1969] Chapter 272 243 

(j) The withholding from the receiver of books, accounts, documents 
or other records relating to the business of the insurer; or 

(k) Any other threatened or contemplated action that might lessen 
the value of the insurer's assets or prejudice the rights of policyholders, 
creditors or shareholders, or the administration of the proceeding. 

II. Injunctions Elsewhere. The receiver may apply to any court out- 
side of this state for the relief described in paragraph I. 

402-C:6 Costs and Expenses of Litigation. In any proceeding under 
this chapter, the court may award such costs and other expenses of litiga- 
tion as justice requires, without regard to the limitations otherwise pre- 
scribed by law. If costs and expenses are taxed against the commissioner, 
they shall be paid from the fund created by RSA 402:56-a. 

402-C:7 Co-operation of Officers and Employees. 

I. Duty to Co-operate. Any officer, manager, trustee or general agent 
of any insurer and any other person with executive authority over or in 
charge of any segment of the insurer's affairs shall co-operate with the com- 
missioner in any proceeding under this chapter or any investigation prelim- 
inary or incidental to the proceeding. "To co-operate" includes, but is not 
limited to the following: 

(a) To reply promptly in writing to any inquiry from the commis- 
sioner requesting such a reply; and 

(b) To make available and deliver to the commissioner any books, 
accounts, documents or other records, or information or property of or per- 
taining to the insurer and in his possession, custody or control. 

II. Duty Not to Obstruct. No person shall obstruct or interfere with 
the commissioner in the conduct of any delinquency proceeding or any 
investigation preliminary or incidental thereto. 

III. Right to Defend. This section shall not render it illegal to resist 
by legal proceedings the petition for liquidation or other delinquency 
proceedings, or other orders. 

IV. Sanction. Any person included within paragraph I who fails to 
co-operate with the commissioner, or any person who obstructs or interferes 
with the commissioner in the conduct of any delinquency proceedings or 
any investigation preliminary or incidental thereto, may be fined not more 
than five thousand dollars or imprisoned not more than one year, or both. 

402-C:8 Bonds. In any proceeding under this chapter the commissioner 
and his deputies shall be responsible on their official bonds for the faithful 
performance of their duties. If the court deems it desirable for the protec- 
tion of the assets, it may at any time require an additional bond from the 
commissioner or his deputies. 

402-C:9 Commissioner's Reports. 

I. General Report of Proceedings. The commissioner shall include in 
his annual report: 

(a) Formal Proceedings. The names of the insurers proceeded against 
under sections 15, 20, 24, 52, 53, and 55 and such other facts as indicate in 
reasonable detail his formal proceedings under this chapter; and 



244 Chapter 272 [1969 

(b) Informal Proceedings. Such facts as generally indicate the utiliza- 
tion and effectiveness of proceedings under sections 11,12 and 13. 

II. Special Reports. 

(a) Causes of Delinquency. The commissioner shall include in his 
annual report, not later than the second annual report following the initia- 
tion of any formal proceedings under this chapter, a detailed analysis of 
the basic causes and the contributing factors making the initiation of formal 
proceedings necessary, and shall make recommendations for remedial legis- 
lation. For this purpose the commissioner may appoint a special assistant 
qualified in insurance, finance and accounting to conduct the study and 
prepare the analysis, and may determine his compensation, which shall be 
paid from the fund created under RSA 402:56-a. 

(b) Final Study. The commissioner shall include in his annual report, 
not later than the second annual report following discharge of the receiver, 
a detailed study of the delinquency proceeding for each insurer subjected 
to a formal proceeding, with an analysis of the problems faced and their 
solutions. He shall also suggest alternative solutions, as well as other ma- 
terial of interest, for the purpose of assisting and guiding liquidators or 
rehabilitators in the future. For this purpose the commissioner may appoint 
a special assistant qualified to conduct the study and prepare the analysis, 
and may determine his compensation, which shall be paid from the fund 
created under RSA 402:56-a. 

III. Reports on Insurers Subject to Proceedings. The commissioner 
as receiver shall make and file annual reports and any other required re- 
ports for the companies proceeded against under sections 15, 20, 24, 52, 53 
and 55 in the manner and form and within the time required by law of 
insurers authorized to do business in this state, and under the same penalties 
for failure to do so. 

402-C:10 Continuation of Delinquency Proceedings. Every proceeding 
commenced before the effective date of this chapter is deemed to have com- 
menced under this chapter for the purpose of conducting the proceeding 
thereafter, except that in the discretion of the commissioner the proceeding 
may be continued, in whole or in part, as it would have been continued 
had this chapter not been enacted. 

Summary Proceedings 
402-C:ll Commissioner's Summary Orders. 

I. Summary Order After Hearing. Whenever the commissioner has 
reasonable cause to believe, and determines after a hearing held as pre- 
scribed in paragraph III, that any insurer has committed or engaged in, 
or is committing or engaging in or is about to commit or engage in any 
act, practice or transaction that would subject it to formal dehnquency 
proceedings under this chapter, he may make and serve upon the insurer 
and any other persons involved, such orders other than seizure orders un- 
der sections 12 and 13 as are reasonably necessary to correct, eliminate or 
remedy such conduct, condition or ground. If the order is for a restoration 
of or addition to capital, it may be carried out as provided in RSA 403. 

II, Summary Order Before Hearing. If the conditions of paragraph 



1969] Chapter 272 245 

I are satisfied, and if it appears to the commissioner that irreparable harm 
to the property or business of the insurer or to the interest of its policy- 
holders, creditors or the public may occur unless he issues with immediate 
effect the orders described in paragraph I he may make and serve such 
orders without notice and before hearing, simultaneously serving upon the 
insurer notice of hearing under paragraph III. 

III. Service, Notice, Hearing. The notice of hearing under paragraphs 
I or II and the summary order issued under paragraphs I or II shall be 
reasonably calculated to fairly and reasonably notify the recipient of the 
time and place of hearing, and the conduct, condition or ground upon 
Mrhich the commissioner would base his order; the notice of hearing under 
paragraph II shall state the time and place of hearing. Unless mutually 
agreed between the commissioner and the insurer, the hearing shall occur 
not less than ten days nor more than thirty days after notice is served and 
shall be either in Concord or in some other place convenient to the parties 
to be designated by the commissioner. 

IV. Judicial Relief. If the commissioner issues a summary order be- 
fore hearing under paragraph II, the insurer may at any time waive the 
commissioner's hearing and apply for immediate judicial relief by means 
of any remedy afforded by la^v without first exhausting administrative rem- 
edies. Subsequent to a hearing the insurer or any person whose interests are 
substantially affected shall be entitled to judicial review of any order issued 
by the commissioner, 

V. Sanction. If any person has violated any order issued under this 
section which as to him was then still in effect, he shall be liable to forfeit 
a sum not to exceed ten thousand dollars. The penalty shall be imposed 
and collected in an action brought by the attorney general and shall be 
paid into the state treasury. 

VI. Enforcement by Injunction. The commissioner may apply for 
and any superior court may grant, such restraining orders, temporary and 
permanent injunctions and other orders as are deemed necessary to enforce 
a summary order. 

402-C:12 Court's Seizure Order. 

I. Issuance. Upon the filing by the commissioner in any superior court 
in this state of a verified petition alleging any ground that would justify 
a court order for a formal delinquency proceeding against an insurer under 
this chapter and that the interests of policyholders, creditors or the public 
will be endangered by delay, and setting out the order deemed necessary 
by the commissioner, the court shall issue forthwith, ex parte and without 
a hearing, the requested order which may a) direct the commissioner to 
take possession and control of all or a part of the property, books, accounts, 
documents and other records of an insurer and of the premises occupied by 
it for the transaction of its business, and b) until further order of the court, 
enjoin the insurer and its officers, managers, agents, and employees from 
disposition of its property and from transaction of its business except with 
the written consent of the commissioner. 

II. Duration. The court shall specify in the order what its duration 
shall be, which shall be such time as the court deems necessary for the com- 



246 Chapter 272 [1969 

missioner to ascertain the condition of the insurer. On motion of either 
party or on its own motion, the court may hold such hearings as it deems 
desirable after such notice as it deems appropriate, and may extend, shorter^ 
or modify the terms of the seizure order. The court shall vacate the seizure 
order if the commissioner fails to commence a formal proceeding under 
this chapter after having had a reasonable opportunity to do so. The issu- 
ance of an order of the court pursuant to a formal proceeding under this 
chapter vacates the seizure order. 

III. Anticipatory Breach. Entry of a seizure order under this section 
shall not constitute an anticipatory breach of any contract of the insurer. 

402-C:13 Commissioner's Seizure Order. 

I. Issuance. If it appears to the commissioner that the interests of 
creditors, policyholders or the public will be endangered by the delay inci- 
dent to asking for a court seizure order, then on any ground that would 
justify a court seizure order under section 12 without notice and without 
applying to the court, he may issue a seizure order which must contain a 
verified statement of the grounds of his action. As directed by the seizure 
order, the commissioner's representatives shall forthwith take possession 
and control of all or part of the property, books, accounts, documents and 
other records of the insurer, and of the premises occupied by the insurer 
for the transaction of its business. The commissioner shall retain possession 
and control until the order is vacated or is replaced by an order of the court 
pursuant to a proceeding commenced under paragraph II or a formal pro- 
ceeding under this chapter, 

II. Judicial Review. At any time after seizure under paragraph I, 
the insurer may apply to the superior court for Merrimack county or for 
the county in which the insurer's principal office is located. The court shall 
thereupon order the commissioner to appear forthwith and shall proceed 
thereafter as if the order were a court seizure order issued under section 12. 

III. Duty to Assist Commissioner. Every law enforcement officer shall 
assist the commissioner in making and enforcing any such seizure, and every 
sheriff's and police department shall furnish with such deputies, patrolmen 
or officers as are necessary to assist him, 

IV. Anticipatory Breach. Entry of a seizure order under this section 
shall not constitute an anticipatory breach of any contract of the insurer. 

402-C:I4 Conduct of Hearings in Summary Proceedings. 

I. Confidentiality of Commissioner's Hearings. The commissioner 
shall hold all hearings in summary proceedings privately imless the insurer 
requests a public hearing, in which case the hearing shall be public. 

II. Confidentiality of Court Hearings. The court may hold all hear- 
ings in summary proceedings and judicial reviews thereof privately in 
chambers, and shall do so on request of the insurer proceeded against. 

III. Records. In all summary proceedings and judicial reviews there- 
of, all records of the company, other documents, and all insurance depart- 
ment files and court records and papers, so far as they pertain to or are a 
part of the record of the summary proceedings, shall be and remain con- 
fidential except as is necessary to obtain compliance therewith, unless the 



1969] Chapter 272 247 

court, after hearing arguments from the parties in chamber, shall order 
otherwise, or unless the insurer requests that the matter be made public. 
Until such court order, all papers filed with the clerk of the court shall be 
held by him in a confidential file. 

IV. Parties. If at any time it appears to the court that any person 
whose interest is or will be substantially affected by an order did not ap- 
pear at the hearing and has not been served, the court may order that no- 
tice be given and the proceedings be adjourned to give him opportunity to 
appear on such terms as may be just. 

V. Sanctions. Any person having possession or custody of and refus- 
ing to deliver any of the property, books, accounts, documents or other 
records of an insurer against which a seizure order or a summary order 
has been issued by the commissioner or by the court, may be fined not more 
than ten thousand dollars or imprisoned for not more than one year, or 
both. 

Formal Proceedings 

402-C:15 Grounds for Rehabilitation. The commissioner may apply 
by verified petition to the superior court for Merrimack county or for the 
county in which the principal office of the insurer is located for an order 
directing him to rehabilitate a domestic insurer or an alien insurer domi- 
ciled in this state on any one or more of the following grounds: 

I. Any ground on which he may apply for an order of liquidation 
under section 20 whenever he believes that the insurer may be successfully 
rehabilitated without substantial increase in the risk of loss to creditors 
of the insurer or to the public; 

II. That the commissioner has reasonable cause to believe that there 
has been embezzlement from the insurer, wrongful sequestration or diver- 
sion of the insurer's assets, forgery or fraud affecting the insurer or other 
illegal conduct in, by or with respect to the insurer, that if established 
would endanger assets in an amount threatening the solvency of the in- 
surer; 

III. That information coming into the commissioner's possession has 
disclosed substantial and not adequately explained discrepancies between 
the insurer's records and the most recent annual report or other official 
company reports; 

IV. That the insurer has failed to remove any person who in fact has 
executive authority in the insurer, whether an officer, manager, general 
agent, employee or other person, if the person has been found by the com- 
missioner after notice and hearing to be dishonest or untrustworthy in a 
way affecting the insurer's business. 

V. That control of the insurer, whether by stock ownership or other- 
wise, and whether direct or indirect, is in one or more persons found by 
the commissioner after notice and hearing to be dishonest or untrust- 
worthy; 

VI. That any person who in fact has executive authority in the in- 
surer, whether an officer, manager, general agent, employee or other person. 



248 Chapter 272 [1969 

has refused to be examined under oath by the commissioner concerning 
its affairs, whether in this state or elsewhere, and after reasonable notice of 
the fact the insurer has failed promptly and effectively to terminate the 
employment and status of the person and all his influence on management; 

VII. That after demand by the commissioner the insurer has failed to 
submit promptly any of its own property, books, accounts, documents or 
other records, or those of any subsidiary or related company within the 
control of the insurer, or those of any person having executive authority in 
the insurer so far as they pertain to the insurer, to reasonable inspection or 
examination by the commissioner or his authorized representative. If the 
insurer is unable to submit the property, books, accounts, documents or 
other records of a person having executive authority in the insurer, it shall 
be excused from doing so if it promptly and effectively terminates the re- 
lationship of the person to the insurer. 

VIII. That without first obtaining the written consent of the commis- 
sioner, the insurer has transferred, or attempted to transfer, substantially 
its entire property or business, or has entered into any transaction the effect 
of which is to merge, consolidate or reinsure substantially its entire prop- 
erty or business in or with the property or business of any other person; 

IX. That the insurer or its property has been or is the subject of an 
application for the appointment of a receiver, trustee, custodian, conserva- 
tor or sequestrator or similar fiduciary of the insurer or its property other- 
wise than as authorized under this chapter, and that such appointment has 
been made or is imminent, and that such appointment might oust the courts 
of this state of jurisdiction or prejudice orderly delinquency proceedings 
under this chapter; 

X. That within the previous year the insurer has wilfully violated its 
charter or articles of incorporation or its bylaws or any insurance law or 
regulation of any state, or of the federal government, or any valid order 
of the commissioner under section 11 or having become aware within the 
previous year of an unintentional violation has failed to take all reasonable 
steps to remedy the situation resulting from the violation and to prevent 
future violations. 

XI. That the directors of the insurer are deadlocked in the manage- 
ment of the insurer's affairs and that the members or shareholders are un- 
able to break the deadlock and that irreparable injury to the insurer, its 
creditors, its policyholders or the public is threatened by reason thereof; 

XII. That the insurer has failed to pay for sixty days after due date any 
obligation to this state or any political subdivision thereof or any judg- 
ment entered in this state, except that such nonpayment shall not be a 
ground until sixty days after any good faith effort by the insurer to contest 
the obligation has been terminated, whether it is before the commissioner 
or in the courts; 

XIII. That the insurer has failed to file its annual report or other re- 
port within the time allowed by law, and after written demand by the com- 
missioner has failed to give an adequate explanation immediately; 



19G9] Chapter 272 249 

XIV. That two-thirds of the board of directors, or the holders of a 
majority of the shares entitled to vote, or a majority of members or policy- 
holders of an insurer subject to control by its members or policyholders, 
consent to rehabilitation under this chapter. 

402-C:16 Rehabilitation Orders. 

I. Appointment of Rehabilitator. An order to rehabilitate the busi- 
ness of a domestic insurer, or an alien insurer domiciled in this state, shall 
appoint the commissioners and his successors in office rehabilitator and 
shall direct the rehabilitator forthwith to take possession of the assets of 
the insurer and to administer them under the orders of the court. The filing 
or recording of the order with any register of deeds in the state imparts the 
same notice as a deed, bill of sale or other evidence of title duly filed or 
recorded with that register of deeds. 

II. Anticipatory Breach. Entry of an order of rehabilitation shall not 
constitute an anticipatory breach of any contracts of the insurer. 

402-C:17 Powers and Duties of the Rehabilitator. 

I. Special Deputy Commissioner. The commissioner as rehabilitator 
shall make every reasonable effort to employ an active or retired senior 
executive from a successful insurer to serve as special deputy commissioner 
to rehabilitate the insurer. The special deputy shall have all of the powers 
of the rehabilitator granted under this section. To obtain a suitable special 
deputy, the commissioner may consult with and obtain the assistance and 
advice of executives of insurers doing business in this state. Subject to court 
approval, the commissioner shall make such arrangements for compensation 
as are necessary to obtain a special deputy of proven ability. The special 
deputy shall serve at the pleasure of the commissioner. 

II. General Power. Subject to court approval, the rehabilitator may 
take such action as he deems necessary or expedient to reform and revitalize 
the insurer. He shall have all the powers of the officers and managers, whose 
authority shall be suspended, except as they are redelegated by the reha- 
bilitator. He shall have full power to direct and manage, to hire and dis- 
charge employees subject to any contract rights they may have and to deal 
with the property and business of the insurer, 

III. Advice from Experts. The rehabilitator may consult with and 
obtain formal or informal advice and aid of insurance experts. 

IV. Pursuit of Insurer's Claims Against Insiders. If the rehabilitator 
finds that there has been criminal or tortious conduct or breach of any con- 
tractual or fiduciary obligation detrimental to the insurer by any officer, 
manager, agent, broker, employee or other person, he may pursue all ap- 
propriate legal remedies on behalf of the insurer. 

V. Reorganization Plan. The rehabilitator may prepare a plan for 
the reorganization, consolidation, conversion, reinsurance, merger or other 
transformation of the insurer. Upon application of the rehabilitator for 
approval of the plan, and after such notice and hearing as the court pre- 
scribes, the court may either approve or disapprove the plan proposed, or 
may modify it and approve it as modified. If it is approved, the rehabili- 
tator shall carry out the plan. In the case of a life insurer, the plan pro- 



250 Chapter 272 [1969 

posed may include the imposition of liens upon the equities of policy- 
holders of the company, if all rights of shareholders are first relinquished. 
A plan for a life insurer may also propose imposition of a moratorium upon 
loan and cash surrender rights under policies, for such period and to such 
an extent as are necessary. 

VI. Fraudulent Transfers. The rehabilitator shall have the power to 
avoid fraudulent transfers under sections 30 and 31. 

402-C:18 Actions By and Against Rehabilitator. 

I. Stays in Pending Litigation. On request of the rehabilitator, any 
court in this state before which any action or proceeding by or against an 
insurer is pending when a rehabilitation order against the insurer is en- 
tered shall stay the action or proceeding for such time as is necessary for 
the rehabilitator to obtain proper representation and prepare for further 
proceedings. The court that entered the rehabilitation order shall order 
the rehabilitator to take such action respecting the pending litigation as 
the court deems necessary in the interests of justice and for the protection 
of creditors, policyholders and the public. The rehabilitator shall immedi- 
ately consider all litigation pending outside this state and shall petition 
the courts having jurisdiction over that litigation for stays whenever neces- 
sary to protect the estate of the insurer. 

II. Statutes of Limitations on Claims by Insurer. The time between 
the filing of a petition for rehabilitation against an insurer and denial of 
the petition or an order of rehabilitation shall not be considered to be a 
part of the time within which any action may be commenced by the in- 
surer. Any action by the insurer that might have been commenced when 
the petition was filed may be commenced at least sixty days after the order 
of rehabilitation is entered. 

III. Statutes of Limitations on Claims Against Insurer . The time be- 
tween the filing of a petition for rehabilitation against an insurer and the 
denial of the petition or an order of rehabilitation shall not be considered 
to be a part of the time within which any action may be commenced against 
the insurer. Any action against the insurer that might have been com- 
menced when the petition was filed may be commenced for at least sixty 
days after the order of rehabilitation is entered or the petition is denied. 

402-C:19 Termination of Rehabilitation. 

I. Transformation to Liquidation. Whenever he believes that further 
attempts to rehabilitate an insurer would substantially increase the risk of 
loss to creditors, policyholders, or the public, or would be futile, the reha- 
bilitator may petition the court for an order of liquidation. A petition 
under this subsection shall have the same effect as a petition under section 
20. The court shall permit the directors to defend against the petition and 
shall order payment from the estate of the insurer of such costs and other 
expenses of defense as justice requires. 

II. Order to Return to Company. The rehabilitator may at any time 
petition the court for an order terminating rehabilitation of an insurer. 
If the court finds that rehabilitation has been accomplished and that 
grounds for rehabilitation under section 15 no longer exist, it shall order 



1969] Chapter 272 251 

that the insurer be restored to possession of its property and the control 
of its business. The court may also make that finding and issue that order 
at any time upon its own motion. 

402-C:20 Grounds for Liquidation. Tiie commissioner may apply by 
verified petition to the superior court for Merrimack county or for the 
county in which the principal office of the insurer is located for an order 
directing him to liquidate a domestic insurer or an alien insurer domiciled 
in this state on any one or more of the following grounds: 

I. Any ground on which he may apply for an order of rehabilitation 
under section 15 whenever he believes that attempts to rehabilitate the 
insurer would substantially increase the risk of loss to its creditors, its pol- 
icyholders or the public, or would be futile, or that rehabilitation would 
serve no useful purpose; 

II. That the insurer is or is about to become insolvent; 

III. That the insurer is engaging in a systematic practice of reaching 
settlements With and obtaining releases from policyholders or third party 
claimants and then unreasonably delaying payment of or failing to pay 
the agreed upon settlements; 

IV. That the insurer is in such condition that the further transaction 
of business would be hazardous, financially or otherwise, to its policyholders, 
its creditors or the public; 

V. That the insurer has not transacted the business of insurance dur- 
ing the previous twelve months or has transacted only a token insurance 
business during that period, although authorized to do so throughout that 
period, or that more than twelve months after incorporation it has failed 
to become authorized to do an insurance business; 

VI. That within the previous twelve months the insurer has system- 
atically attempted to compromise with its creditors on the ground that it 
is financially unable to pay its claims in full; 

VII. That the insurer has commenced, or within the previous year 
has attempted to commence, voluntary liquidation otherwise than under 
the insurance laws of this state; 

VIII. That the insurer has concealed records or assets from the com- 
missioner or improperly removed them from the jurisdiction; 

IX. That the insurer does not satisfy the requirements that would be 
applicable if it were seeking initial authorization to do an insurance busi- 
ness in this state, except for: 

(a) Requirements that are intended to apply only at the time the in- 
itial authorization to do business is obtained, and not thereafter; and 

(b) Requirements that are expressly made inapplicable by the laws 
establishing the requirements; 

X. That the holders of two-thirds of the shares entitled to vote, or 
two-thirds of the members or policyholders entitled to vote in an insurer 
controlled by its members or policyholders, have consented to a petition. 



252 Chapter 272 [1969 

402-C:21 Liquidation Orders. 

I. Order to Liquidate. An order to liquidate the business of a domestic 
insurer shall appoint the commissioner and his successors in office liquida- 
tor and shall direct the liquidator forthwith to take possession of the assets 
of the insurer and to administer them under the orders of the court. The 
liquidator shall be vested by operation of law with the title to all of the 
property, contracts and rights of action and all of the books and records of 
the insurer ordered liquidated, wherever located, as of the date of the fil- 
ing of the petition for liquidation. He may recover and reduce the same 
to possession except that ancillary receivers in reciprocal states shall have, 
as to assets located in their respective states, the rights and powers which 
are prescribed in paragraph III of section 55 for ancillary receivers ap- 
pointed in this state as to assets located in this state. The filing or recording 
of the order with any register of deeds in this state imparts the same notice 
as a deed, bill of sale or other evidence of title duly filed or recorded with 
that register of deeds. 

n. Fixing of Rights. Upon issuance of the order, the rights and lia- 
bilities of any such insurer and of its creditors, policyholders, shareholders, 
members and all other persons interested in its estate are fixed as of the 
date of filing of the petition for liquidation, except as provided in sections 
22 and 39. 

in. Alien Insurer. An order to liquidate the business of an alien in- 
surer domiciled in this state shall be in the same terms and have the same 
legal effect as an order to liquidate a domestic insurer, except that the as- 
sets and the business in the United States shall be the only assets and 
business included under the order. 

IV. Declaration of Insolvency. At the time of petitioning for an order 
of liquidation, or at any time thereafter, the commissioner may petition 
the court to declare the insurer insolvent, and after such notice and hearing 
as it deems proper, the court may make the declaration. 

402-C:22 Continuance of Coverage. 

I. All insurance policies issued by the insurer shall continue in force: 

(a) For a period of fifteen days from the date of entry of the liquida- 
tion order; 

(b) Until the normal expiration of the policy coverage; 

(c) Until the insured has replaced the insurance coverage with equiva- 
lent insurance in another insurer; or 

(d) Until the liquidator has effected a transfer of the policy obligation 
pursuant to section 25, VIII; whichever time is less. 

II. If the coverage continued under this section is replaced by insur- 
ance that is not equivalent, the coverage continued under this section shall 
be excess coverage over the replacement policy to the extent of the defi- 
ciency. Claims arising during the continuation of coverage shall be treated 
as if they arose immediately before the petition for liquidation. Coverage 
under this subsection shall not satisfy any legal obligation of the insured 
to carry insurance protection, whether the obligation is created by law or 
by contract. 



1969] Chapter 272 253 

402-C:23 Dissolution of Insurer. The commissioner may petition for 
an order dissolving the corporate existence of a domestic insurer or the 
United States brancli of an alien insurer domiciled in this state at the time 
he applies for a liquidation order. If the court issues a liquidation order, 
it also shall order dissolution if the commissioner has petitioned for it. 
The court shall order dissolution of the corporation upon petition by the 
commissioner at any time after a liquidation order has been granted. If the 
dissolution has not previously occurred, it shall be effected by operation of 
law upon the discharge of the liquidator. 

402-C:24 Federal Receivership. 

I. Petition for Federal Receiver. Whenever in the commissioner's 
opinion, liquidation of a domestic insurer or an alien insurer domiciled 
in this state would be facilitated by a federal receivership, and when any 
ground exists ujDon which the commissioner might petition the court for an 
order of rehabilitation or liquidation under section 15 or 20, or if an order 
of rehabilitation or liquidation has already been entered, the commissioner 
may request another commissioner or other willing resident of another state 
to petition any appropriate federal district court for the appointment of a 
federal receiver. The commissioner may intervene in any such action to 
support or oppose the petition, and may accept appointment as the re- 
ceiver if he is so designated. So much of this chapter shall apply to the 
receivership as can be made applicable and is appropriate. Upon motion 
of the commissioner, the courts of this state shall relinquish all jurisdiction 
over the insurer for purposes of rehabilitation or liquidation. 

II. Compliance with Federal Requirements. If the commissioner is 
appointed receiver under this section, he shall comply with any require- 
ments necessary to give him title to and control over the assets and affairs 
of the insurer. 

402-C:25 Powers of Liquidator. The liquidator shall report to the 
court monthly, or at other intervals specified by the court, on the progress 
of the liquidation in whatever detail the court orders. Subject to the court's 
control, he may: 

I. Appoint a special deputy to act for him under this chapter, and de- 
termine his compensation. The special deputy shall have all powers of the 
liquidator granted by this section. The special deputy shall serve at the 
pleasure of the liquidator. 

II. Appoint or engage employees and agents, legal counsel, actuaries, 
accountants, appraisers, consultants and other personnel he deems necessary 
to assist in the liquidation. RSA 98 shall not apply to such persons. 

III. Fix the compensation of persons under paragraph II, subject to 
the control of the court. 

IV. Defray all expenses of taking possession of, conserving, conduct- 
ing, liquidating, disposing of or otherwise dealing with the business and 
property of the insurer. If the property of the insurer does not contain 
sufficient cash or liquid assets to defray the costs incurred, the liquidator 
may advance the costs so incurred out of any available appropriation. Any 
amounts so paid shall be deemed expense of administration and shall be 



254 Chapter 272 [1969 

repaid for the credit of the insurance department out of the first available 
moneys of the insurer. 

V. Hold hearings, subpoena witnesses and compel their attendance, 
administer oaths, examine any person under oath and compel any person 
to subscribe to his testimony after it has been correctly reduced to writing, 
and in connection therewith require the production of any books, papers, 
records or other documents which he deems relevant to the inquiry. 

VI. Collect all debts and moneys due and claims belonging to the in- 
surer, wherever located, and for this purpose institute timely action in other 
jurisdictions, in order to forestall garnishment and attachment proceedings 
against such debts; do such other acts as are necessary or expeclient to col- 
lect, conserve or protect its assets or property, including sell, compound, 
compromise or assign for purposes of collection, upon such terms and condi- 
tions as he deems best, any bad or doubtful debts; and pursue any creditor's 
remedies available to enforce his claims. 

VII. Conduct public and private sales of the property of the insurer 
in a manner prescribed by the court. 

VIII. Use assets of the estate to transfer policy obligations to a solvent 
assuming insurer, if the transfer can be arranged without prejudice to 
applicable priorities under section 44. 

IX. Acquire, hypothecate, encumber, lease, improve, sell, transfer, 
abandon or otherwise dispose of or deal with any property of the insurer 
at its market value or upon such terms and conditions as are fair and reason- 
able, except that no transaction involving property the market value of 
which exceeds ten thousand dollars shall be concluded without express 
permission of the court. He also may execute, acknowledge and deliver 
any deeds, assignments, releases and other instruments necessary or proper 
to effectuate any sale of property or other transaction in connection with 
the liquidation. In cases where real property sold by the liquidator is lo- 
cated other than in the county where the liquidation is pending, the liquida- 
tor shall cause to be filed with the register of deeds for the county in which 
the property is located a certified copy of the order appointing him. 

X. Borrow money on the security of the insurer's assets or without 
security and execute and deliver all documents necessary to that transac- 
tion for the purpose of facilitating the liquidation. 

XI. Enter into such contracts as are necessary to carry out the order 
to liquidate, and affirm or disavow any contracts to which the insurer is a 
party. 

XII. Continue to prosecute and institute in the name of the insurer 
or in his own name any suits and other legal proceedings, in this state or 
elsewhere, and abandon the prosecution of claims he deems unprofitable to 
pursue further. If the insurer is dissolved under section 23, he may apply 
to any court in this state or elsewhere for leave to substitute himself for 
the insurer as plaintiff. 

XIII. Prosecute any action which may exist in behalf of the creditors, 
members, policyholders or shareholders of the insurer against any officer 
of the insurer, or any other person. 



1969] Chapter 272 255 

XIV. Remove any records and property of the insurer to the offices 
of the commissioner or to such other place as is convenient for the purposes 
of efficient and orderly execution of the liquidation. 

XV. Deposit in one or more banks in this state such sums as are re- 
quired for meeting current administration expenses and dividend distribu- 
tions. 

XVI. File any necessary documents for record in the office of any reg- 
ister of deeds or record office in this state or elsewhere where property of 
the insurer is located. 

XVII. Assert all legal and equitable defenses available to the insurer 
as against third persons. A waiver of any defense by the insurer after a 
petition for liquidation has been filed shall not bind the liquidator. 

XVIII. Exercise and enforce all the rights, remedies and powers of 
any creditor, shareholder, policyholder or member, including any power to 
avoid any transfer or lien that may be given by law and that is not included 
within sections 30 through 32. 

XIX. Intervene in any proceeding wherever instituted that might 
lead to the appointment of a receiver or trustee, and act as the receiver or 
trustee whenever the appointment is offered. 

XX. Enter into agreements with any receiver or commissioner of any 
other state relating to the rehabilitation, liquidation, conservation or dis- 
solution of an insurer doing business in both states. 

XXI. Exercise all powers now held or hereafter conferred upon re- 
ceivers by the laws of this state not inconsistent with this chapter. 

XXII. The enumeration in this section of the powers and authority 
of the liquidator is not a limitation upon him, nor does it exclude his right 
to do such other acts not herein specifically enumerated or otherwise pro- 
vided for as are necessary or expedient for the accomplishment of or in 
aid of the purpose of liquidation. 

402-C:26 Notice to Creditors and Others. 
I. Notice Required. 

(a) General Requirements. The liquidator shall give notice of the 
liquidation order as soon as possible by first class mail and either by tele- 
gram or telephone to the insurance commissioner of each jurisdiction in 
which the insurer is licensed to do business, by first class mail within this 
state and by airmail outside this state to all insurance agents having a duty 
under section 27, and by first class mail within this state and by airmail 
outside this state at the last known address to all persons known or reason- 
ably expected to have claims against the insurer, including all policy- 
holders. He also shall publish notice in a newspaper of general statewide 
circulation or in Merrimack county, the last publication to be not less than 
three months before the earliest deadline specified in the notice under 
paragraph III. 

(b) Special Requirements. Notice to agents shall inform them of their 
duties under section 27 and inform them what information they must com- 
municate to insureds. Notice to policyholders shall include notice of impair- 
ment and termination of coverage under section 22. When it is applicable. 



256 Chapter 272 [1969 

notice to policyholders shall include 1) notice of withdrawal of the insurer 
from the defense of any case in which the insured is interested and 2) notice 
of the right to file a claim under section 40. 

(c) Reports and Further Notice. Within fifteen days of the date of 
entry of the order, the liquidator shall report to the court what notice has 
been given. The court may order such additional notice as it deems appro- 
priate. 

II. Notice Respecting Claims Filing. Notice to potential claimants 
under paragraph I shall require claimants to file with the court their claims 
together with proper proofs thereof under section 38 on or before a date 
the liquidator specifies in the notice, which shall be no less than six months 
nor more than one year after entry of the order, except that the liquidator 
need not require persons claiming unearned premium and persons claim- 
ing cash surrender values or other investment values in life insurance and 
annuities to file a claim. The liquidator may specify different dates for the 
filing of different kinds of claims. 

III. Notice Conclusive. If notice is given in accordance with this sec- 
tion, the distribution of the assets of the insurer under this chapter shall be 
conclusive with respect to all claimants, whether or not they received notice. 

402-C:27 Duties of Agents. 

I. Written Notice. Every person who receives notice in the form pre- 
scribed in section 26 that an insurer which he represents as an independent 
agent is the subject of a liquidation order shall as soon as practicable give 
notice of the liquidation order. The notice shall be sent by first class mail 
to the last address contained in the agent's records to each policyholder or 
other person named in any policy issued through the agent by the com- 
pany, if he has a record of the address of the policyholder or other person. 
A policy shall be deemed issued through an agent if the agent has a prop- 
erty interest in the expiration of the policy; or if the agent has had in his 
possession a copy of the declarations of the policy at any time during the 
life of the policy, except where the ownership of the expiration of the policy 
has been transferred to another. The written notice shall include the name 
and address of the insurer, the name and address of the agent, identification 
of the policy impaired and the nature of the impairment under section 22. 
Notice by a general agent satisfies the notice requirement for any agents 
under contract to him. 

II. Sanctions. Any agent failing to give notice as required in para- 
graph I may be fined not more than one hundred dollars and may have his 
license suspended. 

III. Oral Notice. So far as practicable, every insurance agent subject 
to paragraph I shall give immediate oral notice by telephone or otherwise, 
of the liquidation order to the same persons to whom he is obligated to 
give written notice. The oral notice shall include substantially the same in- 
formation as the written notice. 

402-C:28 Actions By and Against Liquidator. 

I. Termination of Actions Against Insurer by Order Appointing 
Liquidator. Upon issuance of any order appointing the commissioner 



1969] Chapter 272 257 

liquidator of a domestic insurer or of an alien insurer domiciled in this 
state, all actions and all proceedings against the insurer whether in this state 
or elsewhere shall be abated and the liquidator shall not intervene in them, 
except as provided in this subsection. Whenever in the liquidator's judg- 
ment an action in this state has proceeded to a point where fairness or 
convenience would be served by its continuation to judgment, he may ap- 
ply to the court for leave to defend or to be substituted for the insurer, and 
if the court gives him leave, the action shall not be abated. Whenever in 
the liquidator's judgment, protection of the estate of the insurer necessi- 
tates intervention in an action against the insurer that is pending outside 
this state, with approval of the court he may intervene in the action. The 
liquidator may defend any action in which he intervenes under this section 
at the expense of the estate of the insurer. 

II. Statute of Limitations on Claims by Insurer. The liquidator may, 
within two years subsequent to the entry of an order for liquidation or 
within such further time as applicable law permits, institute an action or 
proceeding on behalf of the estate of the insurer upon any cause of action 
against which the period of limitation fixed by applicable law has not 
expired at the time of the filing of the petition upon which such order is 
entered. Where, by any agreement, a period of limitation is fixed for insti- 
tuting a suit or proceeding upon any claim or for filing any claim, proof 
of claim, proof of loss, demand, notice or the like, or where in any pro- 
ceeding, judicial or otherwise, a period of limitation is fixed, either in the 
proceeding or by applicable law, for taking any action, filing any claim or 
pleading or doing any act, and where in any such case the period had not 
expired at the date of the filing of the petition, the liquidator may, for the 
benefit of the estate, take any such action or do any such act, required of 
or permitted to the insurer, within a period of sixty days subsequent to the 
entry of an order for liquidation, or within such further period as is per- 
mitted by the agreement, or in the proceeding or by applicable law, or 
within such further period as is shown to the satisfaction of the court not 
to be unfairly prejudicial to the other party. 

III. Statutes of Limitations on Claims Against Insurer. The time be- 
tween the filing of a petition for liquidation against an insurer and the 
denial of the petition shall not be considered to be a part of the time within 
which any action may be commenced against the insurer. Any action against 
the insurer that might have been commenced when the petition was filed 
may be commenced for at least sixty days after the petition is denied. 

402-C:29 Collection and List of Assets. 

I. List of Assets Required. As soon as practicable after the liquidation 
order, the liquidator shall prepare in duplicate a list of the insurer's assets. 
The list shall be amended or supplemented as the court requires. One copy 
shall be filed in the office of the clerk of the court having jurisdiction over 
the liquidation proceedings and one copy shall be retained for the liquida- 
tor's files. All amendments and supplements shall be similarly filed. 

II. Liquidation of Assets. The liquidator shall reduce the assets to a 
degree of liquidity that is consistent with the effective execution of the 
liquidation as rapidly and economically as he can. 



258 Chapter 272 [1969 

402-C:30 Fraudulent Transfers Prior to Petition. 

I. Definition and Effect. Every transfer made or suffered and every 
obligation incurred by an insurer within one year prior to the filing of a 
successful petition for rehabilitation or liquidation under this chapter is 
fraudulent as to then existing and future creditors if made or incurred 
without fair consideration, or with actual intent to hinder, delay or de- 
fraud either existing or future creditors. A transfer made or an obligation 
incurred by an insurer ordered to be rehabilitated or liquidated under this 
chapter, which is fraudulent under this section, may be avoided by the re- 
ceiver, except as to a person who in good faith is a purchaser, lienor or 
obligee for a present fair equivalent value; and except that any purchaser, 
lienor or obligee, who in good faith has given a consideration less than fair 
for such transfer, lien or obligation, may retain the property, lien or obli- 
gation as security for repayment. The court may, on due notice, order any 
such transfer or obligation to be preserved for the benefit of the estate, and 
in that event the receiver shall succeed to and may enforce the rights of 
the purchaser, lienor or obligee. 

II. Perfection of Transfers. 

(a) Personal Property. A transfer of property other than real property 
shall be deemed to be made or suffered when it becomes so far perfected 
that no subsequent lien obtainable by legal or equitable proceedings on a 
simple contract could become superior to the rights of the transferee under 
section 32, III. 

(b) Real Property. A transfer of real property shall be deemed to be 
made or suffered when it becomes so far perfected that no subsequent bona 
fide purchaser from the insurer could obtain rights superior to the rights 
of the transferee. 

(c) Equitable Liens. A transfer which creates an equitable lien shall 
not be deemed to be perfected if there are available means by which a legal 
lien could be created. 

(d) Transfer Not Perfected Prior to Petition. Any transfer not per- 
fected prior to the filing of a petition for liquidation shall be deemed to 
be made immediately before the filing of the successful petition. 

(e) Actual Creditors Unnecessary. This subsection applies whether 
or not there are or were creditors who might have obtained any liens or 
persons who might have become bona fide purchasers. 

III. Fraudulent Reinsurance Transactions. Any transaction of the 
insurer with a reinsurer shall be deemed fraudulent and may be avoided 
by the receiver under paragraph I if: 

(a) The transaction consists of the termination, adjustment or settle- 
ment of a reinsurance contract in which the reinsurer is released from any 
part of its duty to pay the originally specified share of losses that had oc- 
curred prior to the time of the transaction, unless the reinsurer gives a 
present fair equivalent value for the release; and 

(b) Any part of the transaction took place within one year prior to the 
date of filing of the petition through which the receivership was commenced. 

402-C:31 Fraudulent Transfers After Petition. 

I. Effect of Petition: Real Property. After a petition for rehabiiita- 



1969] Chapter 272 259 

tion or liquidation, a transfer of any of the real property of the insurer 
made to a person acting in good faith shall be valid against the receiver if 
made for a present fair equivalent value or, if not made for a present fair 
equivalent value, then to the extent of the present consideration actually 
paid therefor, for which amount the transferee shall have a lien on the 
property so transferred. The recording of a copy of the petition for or order 
of rehabilitation or liquidation with the register of deeds in the county 
where any real property in question is located is constructive notice of the 
commencement of a proceeding in rehabilitation or liquidation. The ex- 
ercise by a court of the United States or any state of jurisdiction to author- 
ize or effect a judicial sale of real property of the insurer within any county 
in any state shall not be impaired by the pendency of such a proceeding 
unless the copy is recorded in the county prior to the consummation of 
the judicial sale. 

II. Effect of Petition: Personal Property. After a petition for rehabili- 
tation or liquidation and before either the receiver takes possession of the 
property of the insurer or an order of rehabilitation or liquidation is 
granted: 

(a) A transfer of any of the property of the insurer, other than real 
property, made to a person acting in good faith shall be valid against the 
receiver if made for a present fair equivalent value or, if not made for a 
present fair equivalent value, then to the extent of the present considera- 
tion actually paid therefor, for which amount the transferee shall have a 
lien on the property so transferred. 

(b) A person indebted to the insurer or holding property of the in- 
surer may, if acting in good faith, pay the indebtedness or deliver the prop- 
erty or any part thereof to the insurer or upon his order, with the same 
effect as if the petition were not pending. 

(c) A person having actual knowledge of the pending rehabilitation 
or liquidation shall be deemed not to act in good faith unless he has rea- 
sonable cause to believe that the petition is not well founded. 

(d) A person asserting the validity of a transfer under this section 
shall have the burden of proof. Except as elsewhere provided in this sec- 
tion, no transfer by or in behalf of the insurer after the date of the petition 
for liquidation by any person other than the liquidator shall be valid against 
the liquidator. 

III. Negotiability. Nothing in this chapter shall impair the negotia- 
bility of currency or negotiable instruments, 

402-C:32 Voidable Preferences and Liens. 

I. Preferences, 

(a) Preference Defined. A preference is a transfer of any of the prop- 
erty of an insurer to or for the benefit of a creditor, for or on account of 
an antecedent debt, made or suffered by the insurer within one year before 
the filing of a successful petition for liquidation under this chapter the 
effect of which transfer may be to enable the creditor to obtain a greater 
percentage of his debt than another creditor of the same class would re- 
ceive. If a liquidation order is entered while the insurer is already subject 
to a rehabilitation order, transfers otherwise qualifying shall be deemed 



260 Chapter 272 [1969 

preferences if made or suffered witfiin one year before the filing of the suc- 
cessful petition for rehabilitation or within two years before the filing of 
the successful petition for liquidation, whichever time is shorter. 

(b) Invalidation of Preferences. Any preference may be avoided by 
the liquidator, if 1) the insurer was insolvent at the time of the transfer, 
or 2) the transfer was made within four months before the filing of the peti- 
tion, or 3) the creditor receiving it or to be benefited thereby or his agent 
acting with reference thereto had reasonable cause to believe at the time 
when the transfer was made that the insurer was insolvent or was about 
to become insolvent, or 4) the creditor receiving it was an officer, employee, 
attorney or other person who was in fact in a position of comparable in- 
fluence in the insurer to an officer whether or not he held such position, 
or any shareholder holding directly or indirectly more than five percent 
of any class of any equity security issued by the insurer, or any other person 
with whom the insurer did not deal at arm's length. Where the preference 
is voidable, the liquidator may recover the property or if it has been con- 
verted, its value from any person who has received or converted the prop- 
erty, except a bona fide purchaser from or lienor of the debtor's transferee 
for a present fair equivalent value. Where the bona fide purchaser or lienor 
has given less than fair equivalent value, he shall have a lien upon the 
property to the extent of the consideration actually given by him. Where 
a preference by way of lien or security title is voidable, the court may on 
due notice order the lien or title to be preserved for the benefit of the estate, 
in which event the lien or title shall pass to the liquidator. 

II. Perfection of Transfers. 

(a) Personal Property. A transfer of property other than real property 
is deemed to be made or suffered when it becomes so far perfected that no 
subsequent lien obtainable by legal or equitable proceedings on a simple 
contract could become superior to the rights of the transferee. 

(b) Real Property. A transfer of real property is deemed to be made 
or suffered when it becomes so far perfected that no subsequent bona fide 
purchaser from the insurer could obtain rights superior to the rights of the 
transferee. 

(c) Equitable Liens. A transfer which creates an equitable lien is not 
deemed to be perfected if there are available means by which a legal lien 
could be created. 

(d) Transfers Not Perfected Prior to Petition. A transfer not per- 
fected prior to the filing of a petition for liquidation shall be deemed to 
be made immediately before the filing of the successful petition. 

(e) Actual Creditors Unnecessary. This subsection applies whether 
or not there are or were creditors who might have obtained liens or persons 
who might have become bona fide purchasers. 

III. Liens by Legal or Equitable Proceedings. 

(a) Definition, A lien obtainable by legal or equitable proceedings 
upon a simple contract is one arising in the ordinary course of such pro- 
ceedings upon the entry or docketing of a judgment or decree, or upon 
attachment, garnishment, execution or like process, whether before, upon 
or after judgment or decree and whether before or upon levy. It does not 



1969] Chapter 272 261 

include liens which under applicable law are given a special priority over 
other liens which are prior in time. 

(b) When Liens are Superior. A lien obtainable by legal or equitable 
proceedings could become superior to the rights of a transferee, or a pur- 
chaser could obtain rights superior to the rights of a transferee within the 
meaning of paragraph II, if such consequences would follow only from 
the lien or purchase itself, or from the lien or purchase followed by any 
step wholly within the control of the respective lienholder or purchaser, 
with or without the aid of ministerial action by public officials. Such a lien 
could not, however, become superior and such a purchase could not create 
superior rights for the purpose of paragraph II through any acts subse- 
quent to the obtaining of such a lien or subsequent to such a purchase which 
require the agreement or concurrence of any third party or which require 
any further judicial action, or ruling, 

IV. Twenty-one Day Rule. A transfer of property for or on account 
of a new and contemporaneous consideration which is deemed under 
paragraph II to be made or suffered after the transfer because of delay in 
perfecting it does not thereby become a transfer for or on account of an 
antecedent debt if any acts required by the applicable law to be performed 
in order to perfect the transfer as against liens or bona fide purchasers' 
rights are performed within twenty-one days or any period expressly al- 
lowed by the law, whichever is less. A transfer to secure a future loan, if 
such a loan is actually made, or a transfer which becomes security for a fu- 
ture loan shall have the same effect as a transfer for or on account of a new 
and contemporaneous consideration. 

V. Indemnifying Transfers Also Voidable. If any lien deemed void- 
able under subparagraph (b) of paragraph I has been dissolved by the fur- 
nishing of a bond or other obligation, the surety on which has been indem- 
nified directly or indirectly by the transfer of or the creation of a lien upon 
any property of an insurer before the filing of a petition under this chapter 
which results in a liquidation order, the indemnifying transfer or lien shall 
also be deemed voidable. 

VI. Avoidance of Lien. The property affected by any lien deemed 
voidable under subparagraph (b) of paragraph I and paragraph V is dis- 
charged from the lien, and that property and any of the indemnifying prop- 
erty transferred to or for the benefit of a surety shall pass to the liquidator, 
except that the court may on due notice order the lien to be preserved for 
the benefit of the estate and the court may direct that a conveyance be ex- 
ecuted which is adequate to evidence the title of the liquidator. 

VII. Hearings to Determine Rights. The court shall have summary 
jurisdiction of any proceeding by the liquidator to hear and determine the 
rights of any parties under this section. Reasonable notice of any hearing 
in the proceeding shall be given to all parties in interest, including the 
obligee of a releasing bond or other like obligation. Where an order is 
entered for the recovery of indemnifying property in kind or for the avoid- 
ance of an indemnifying lien, the court, upon application of any party in 
interest, shall in the same proceeding ascertain the value of the property 
or lien, and if the value is less than the amount for which the property is 
indemnity or than the amount of the lien, the transferee or lienholder may 



262 Chapter 272 [1969 

elect to retain the property or lien upon payment of its value, as ascertained 
by the court, to the liquidator within such reasonable times as the court 
fixes. 

VIII. Surety's Liability Discharged. The liability of a surety under a 
releasing bond or other like obligation shall be discharged to the extent 
of the value of the indemnifying property recovered or the indemnifying 
lien nullified and avoided or, where the property is retained under para- 
graph VII to the extent of the amount paid to the liquidator, 

IX. Setoff of New Advances. If a creditor has been preferred and after- 
ward in good faith gives the insurer further credit without security of any 
kind, for property which becomes a part of the insurer's estate, the amount 
of the new credit remaining unpaid at the time of the petition may be set 
off against the preference which would otherwise be recoverable from him. 

X. Re-examination of Attorney's Fees. If an insurer, directly or in- 
directly, within four months before the filing of a successful petition for 
liquidation under this chapter or at any time in contemplation of a pro- 
ceeding to liquidate it, pays money or transfers property to an attorney at 
law for services rendered or to be rendered, the transaction may be exam- 
ined by the court on its own motion or shall be examined by the court on 
petition of the liquidator and shall be held valid only to the extent of a 
reasonable amount to be determined by the court, and the excess may be 
recovered by the liquidator for the benefit of the estate. 

XI. Personal Liability. 

(a) Every officer, manager, employee, shareholder, member, subscriber, 
attorney or any other person acting on behalf of the insurer who knowingly 
participates in giving any preference when he has reasonable cause to be- 
lieve the insurer to be or about to become insolvent at the time of the 
preference shall be personally liable to the liquidator for the amount of the 
preference. It is permissible to infer that there is reasonable cause to so be- 
lieve if the transfer was made within four months before the date of the 
filing of the successful petition for liquidation. 

(b) Every person receiving any property from the insurer of the bene- 
fit thereof as a preference voidable under subparagraph (b) of paragraph I 
shall be personally liable therefor and shall be bound to account to the 
liquidator. 

(c) Nothing in this subsection shall prejudice any other claim by the 
liquidator against any person. 

402-C:33 Claims of Holders of Void or Voidable Rights. 

I. Disallowance for Failure to Surrender Property. No claims of a 
creditor who has received or acquired a preference, lien, conveyance, trans- 
fer, assignment or encumbrance, voidable under this chapter, shall be al- 
lowed unless he surrenders the preference, lien, conveyance, transfer, as- 
signment or encumbrance. If the avoidance is effected by a proceeding in 
which a final judgment has been entered, the claim shall not be allowed 
unless the money is paid or the property is delivered to the liquidator with- 
in thirty days from the date of the entering of the final judgment, except 
that the court having jurisdiction over the liquidation may allow further 
time if there is an appeal or other continuation of the proceeding. 



1969] Chapter 272 263 

II. Time for Filing. A claim allowable under paragraph I by reason 
of the avoidance, whether voluntary or involuntary, of a preference lien, 
conveyance, transfer, assignment or encumbrance may be filed as an ex- 
cused late filing under section 37 if filed within thirty clays from the date of 
the avoidance or within the further time allowed by the court under para- 
graph I, 

402-C:34 Setoffs and Counterclaims. 

I. Setoffs Allowed in General. Mutual debts or mutual credits between 
the insurer and another person in connection with any action or proceeding 
under this chapter shall be set off and the balance only shall be allowed or 
paid, except as provided in paragraph II. 

II. Exceptions. No setoff or counterclaim shall be allowed in favor 
of any person where: 

(a) The obligation of the insurer to the person would not at the date 
of the filing of a petition for liquidation entitle him to share as a claimant 
in the assets of the insurer; 

(b) The obligation of the insurer to the person was purchased by or 
transferred to the person with a view to its being used as a setoff; 

(c) The obligation of the person is to pay an assessment levied against 
the members or subscribers of the insurer, or is to pay a balance upon a 
subscription to the capital stock of the insurer, or is in any other way in 
the nature of a capital contribution; or 

(d) The obligation of the person is to pay premiums, whether earned 
or unearned, to the insurer. 

402-C:35 Assessments. 

I. Report to Court. As soon as practicable but not more than two 
years from the date of an order of liquidation under section 21 of an in- 
surer issuing assessable policies, the liquidator shall make a report to the 
court setting forth: 

(a) The reasonable value of the assets of the insurer; 

(b) The insurer's probable total liabilities; and 

(c) The probable aggregate amount of the assessment necessary to pay 
all claims of creditors and expenses in full, including expenses of adminis- 
tration and costs of collecting the assessment. 

II. Levy of Assessment. 

(a) Upon the basis of the report provided in paragraph I, including 
any supplements and amendments thereto, the court may levy ex parte 
one or more assessments against all members of the insurer who are subject 
to assessment. 

(b) Subject to any applicable legal limits on assessability, the aggre- 
gate assessment shall be for the amount that the sum of the probable lia- 
bilities, the expenses of administration and the estimated cost of collection 
of the assessment exceeds the value of existing assets, with due regard being 
given to assessments that cannot be collected economically. 

III. Order to Show Cause. After levy of assessment under paragraph 
II, the court shall issue an order directing each member who has not paid 



264 Chapter 272 [1969 

the assessment pursuant to the order to show cause why the liquidator shall 
not have a judgment therefor. If a member of the insurer also appears to 
be indebted to the insurer apart from the assessment, the court, upon ap- 
plication of the liquidator, may also direct the member to show cause why 
he should not pay the other indebtedness. Liability for such indebtedness 
shall be determined in the same manner and at the same time as the lia- 
bility to pay the assessment. 

IV. Notice. The liquidator shall give notice of the order to show 
cause by publication if so directed by the court and by first class mail to 
each member liable thereunder mailed at least twenty days before the re- 
turn day, of the order to show cause to his last known address as it appears 
on the records of the insurer. 

V. Orders and Hearings. 

(a) If a member does not appear and serve duly verified objections 
upon the liquidator upon the return day of the order to show cause under 
paragraph III, the court shall make an order adjudging the member liable 
for the amount of the assessment against him and other indebtedness, pur- 
suant to paragraph III, together with costs, and the liquidator shall have a 
judgment against the member therefor. 

(b) If on such return day, the member appears and serves duly veri- 
fied objections upon the liquidator, the court may hear and determine the 
matter or may appoint a referee to hear it and make such order as the facts 
warrant. Any order made by a referee under this paragraph shall have the 
same force and effect as if it were a judgment of the court, subject to re- 
view by the court upon application within thirty days. 

VI. Collection. The liquidator may enforce any order or collect any 
judgment under paragraph V by any lawful means. 

402-C:36 Reinsurer's Liability. The amount recoverable by the liquida- 
tor from a reinsurer shall not be reduced as a result of delinquency pro- 
ceedings, regardless of any provision in the reinsurance contract or other 
agreement. Payment made directly to an insured or other creditor shall 
not diminish the reinsurer's obligation to the insurer's estate except when 
the reinsurance contract provided for direct coverage of an individual 
named insured and the payment was made in discharge of that obligation. 

402-C:37 Filing of Claims. 

I. Deadline for Filing. Proof of all claims must be filed with the court 
in the form required by section 38 on or before the last day for filing speci- 
fied in the notice required under section 26, except that proof or preferred 
ownership claims and proprietary claims under subparagraphs IX and X 
of section 44 need not be filed at all, and proof of claims for unearned 
premiums and claims for cash surrender values or other investment values 
in life insurance and annuities need not be filed unless the liquidator ex- 
pressly so requires. 

II. Excused Late Filings. For a good cause shown, the liquidator shall 
recommend and the court shall permit a claimant making a late filing to 
share in dividends, whether past or future, as if he were not late, to the 
extent that any such payment will not prejudice the orderly administra- 



1969] Chapter 272 265 

tion of the liquidation. Good cause includes but is not limited to the fol- 
lowing: 

(a) That existence of a claim was not known to the claimant and that 
he filed within thirty days after he learned of it; 

(b) That a claim for unearned premiums or for cash surrender values 
or other investment values in life insurance or annuities which was not 
required to be filed was omitted from the liquidator's recommendations 
to the court under section 45, and that it was filed within thirty days after 
the claimant learned of the omission. 

(c) That a transfer to creditor was avoided under sections 30 through 
32 or was voluntarily surrendered under section 33, and that the filing satis- 
fies the conditions of section 33. 

(d) That valuation under section 43 of security held by a secured 
creditor shows a deficiency, which is filed within thirty days after the valua- 
tion; and 

(e) That a claim was contingent and became absolute, and was filed 
within thirty days after it became absolute. 

III. Unexcused Late Filings. The liquidator may consider any claim 
filed late which is not covered by paragraph II, and permit it to receive 
dividends, other than the first dividend, which are subsequently declared 
on any claims of the same or lower priority if the payment does not preju- 
dice the orderly administration of the liquidation. The late-filing claimant 
shall receive, at each distribution, the same percentage of the amount al- 
lowed on his claim as is then being paid to other claimants of the same 
priority plus the same percentage of the amount allowed on his claim as is 
then being paid to claimants of any lower priority. This shall continue un- 
til his claim has been paid in full. 

402-C:38 Proof of Claim. 

I. Contents of Proof of Claim. 

(a) Proof of claim shall consist of a verified statement that includes 
all of the following that are applicable: 

1. The particulars of the claim, including the consideration given 
for it. 

2. The identity and amount of the security on the claim. 

3. The payments made on the debt, if any. 

4. That the sum claimed is justly owing and that there is no setoff, 
counterclaim or defense to the claim. 

5. Any right of priority of payment or other specific right asserted by 
the claimant. 

6. A copy of any written instrument which is the foundation of the 
claim. 

7. In the case of any third party claim based on a liability policy issued 
by the insurer, a conditional release of the insured pursuant to paragraph I 
of section 40. 

8. The name and address of the claimant and the attorney who repre- 
sents him, if any. 

(b) No claim need be considered or allowed if it does not contain all 



266 Chapter 272 [1969 

the information under subparagraph (a) which may be applicable. The 
liquidator may require that a prescribed form be used and may require 
that other information and documents be included. 

II. Supplementary Information. At any time the liquidator may re- 
quest the claimant to present information or evidence supplementary to 
that required under paragraph I, and may take testimony under oath, re- 
quire production of affidavits or depositions or otherwise obtain additional 
information or evidence. 

III. Conclusiveness of Judgments. No judgment or order against an 
insured or the insurer entered after the filing of a successful petition for 
liquidation and no judgment or order against an insured or the insurer 
entered at any time by default or by collusion need be considered as evi- 
dence of liability or of quantum of damages. No judgment or order against 
an insured or the insurer entered within four months before the filing of 
the petition need be considered as evidence of liability or of the quantum 
of damages. 

402-C:39 Special Claims. 

I. Claims Contingent on Judgments. The claim of a third party which 
is contingent only on his first obtaining a judgment against the insured 
shall be considered and allowed as if there were no such contingency. 

II. Claims Under Terminated Policies. Any claim that would have 
become absolute if there had been no termination of coverage under section 
22, and which was not covered by insurance acquired to replace the ter- 
minated coverage, shall be allowed as if the coverage had remained in ef- 
fect, unless at least ten days before the insured event occurred either the 
claimant had actual notice of the termination or notice was mailed to him 
as prescribed by section 26 or paragraph I of section 27. If allowed the claim 
shall share in distributions under paragraph III of section 44. 

III. Other Contingent Claims. A claim may be allowed even if con- 
tingent, if it is filed in accordance with paragraph II of section 37. It may 
be allowed and may participate in all dividends declared after it is filed, 
to the extent that it does not prejudice the orderly administration of the 
liquidation. 

IV. Immature Claims. Claims that are due except for the passage of 
time shall be treated as absolute claims are treated, except that where jus- 
tice requires the court may order them discounted at the legal rate of in- 
terest. 

402-C:40 Special Provisions for Third Party Claims. 

I. Third Party's Claim. Whenever any third party asserts a cause of 
action against an insured of an insurer in liquidation, the third party may 
file a claim with the liquidator. The filing of the claim shall release the 
insured's liability to the third party on that cause of action in the amount 
of the applicable policy limit, but the liquidator shall also insert in any 
form used for the filing of third party claims appropriate language to con- 
stitute such a release. The release shall be void if the insurance coverage is 
avoided by the liquidator. 

II. Insured's Claim. Whether or not the third party files a claim, the 



1969] Chapter 272 267 

insured may file a claim on his own behalf in the liquidation. If the insured 
fails to file a claim by the date for filing claims specified in the order of 
liquidation or within sixty days after mailing of the notice required by sub- 
paragraph (b) of paragraph I of section 26, whichever is later, he is an 
unexcused late filer. 

III. Procedure for Insured*s Claim. The liquidator shall make his 
recommendations to the court under section 45 for the allowance of an 
insured's claim under paragraph II after consideration of the probable 
outcome of any pending action against the insured on which the claim is 
based, the probable damages recoverable in the action and the probable 
costs and expenses of defense. After allowance by the court, the liquidator 
shall withhold any dividends payable on the claim, pending the outcome 
of litigation and negotiation with the insured. Whenever it seems appro- 
priate, he shall reconsider the claim on the basis of additional information 
and amend his recommendations to the court. The insured shall be afTorded 
the same notice and opportunity to be heard on all changes in the recom- 
mendation as in its initial determination. The court may amend its allow- 
ance as it thinks appropriate. As claims against the insured are settled or 
barred, the insured shall be paid from the amount withheld the same per- 
centage dividend as was paid on other claims of like priority, based on the 
lesser of a) the amount actually recovered from the insured by action or 
paid by agreement plus the reasonable costs and expenses of defense, or 
b) the amount allowed on the claims by the court. After all claims are 
settled or barred any sum remaining from the amount withheld shall revert 
to the undistributed assets of the insurer. Delay in final payment under this 
subsection shall not be a reason for unreasonable delay of final distribution 
and discharge of the liquidator. 

IV. Multiple Claims. If several claims founded upon one policy are 
filed, whether by third parties or as claims by the insured under this section, 
and the aggregate allowed amount of the claims to which the same limit 
of liability in the policy is applicable exceeds that limit, each claim as al- 
lowed shall be reduced in the same proportion so that the total equals the 
policy limit. Claims by the insured shall be evaluated as in paragraph III. 
If any insured's claim is subsequently reduced under paragraph III, the 
amount thus freed shall be apportioned ratably among the claims which 
have been reduced under this subsection. 

402-C:41 Disputed Claims. 

I. Notice of Rejection and Request for Hearing. When a claim is 
denied in whole or in part by the liquidator, written notice of the deter- 
mination shall be given to the claimant and his attorney by first class mail 
at the address shown in the proof of claim. Within sixty days from the mail- 
ing of the notice, the claimant may file his objections with the court. If no 
such filing is made, the claimant may not further object to the determina- 
tion. 

II. Notice of Hearing. Whenever objections are filed with the court, 
the liquidator shall ask the court for a hearing as soon as practicable and 
give notice of the hearing by first class mail to the claimant or his attorney 
and to any other persons directly affected, not less than ten nor more than 
twenty days before the date of the hearing. The matter may be heard by 
the court or by a court-appointed referee. 



268 Chapter 272 [1969 

402-C:42 Claims of Surety. Whenever a creditor whose claim against 
an insurer is secured in whole or in part by the undertaking of another 
person fails to prove and file that claim, the other person may do so in the 
creditor's name, and shall be subrogated to the rights of the creditor, 
whether the claim has been filed by the creditor or by the other person in 
the creditor's name, to the extent that he discharges the undertaking. In 
the absence of an agreement with the creditor to the contrary, the other 
person shall not be entitled to any dividend until the amount paid to the 
creditor on the undertaking plus the dividends paid on the claim from 
the insurer's estate to the creditor equals the amount of the entire claim 
of the creditor. Any excess received by the creditor shall be held by him 
in trust for such other person. 

402-C:43 Secured Creditors' Claims. 

I. The value of any security held by a secured creditor shall be deter- 
mined in one of the following ways, as the court directs: 

(a) By converting the same into money according to the terms of the 
agreement pursuant to which the security was delivered to such creditor; 

(b) By agreement, arbitration, compromise or litigation between the 
creditor and the liquidator. 

II. The determination shall be under the supervision and control of 
the court. The amount so determined shall be credited upon the secured 
claim, and any deficiency shall be treated as an unsecured claim. If the 
claimant surrenders his security to the liquidator, the entire claim shall be 
allowed as if unsecured. 

402-C:44 Order of Distribution. The order of distribution of claims 
from the insurer's estate shall be as stated in this section. The first fifty dol- 
lars of the amount allowed on each claim in the classes under paragraphs 
II through IV shall be deducted from the claim and included in the class 
under paragraph VIII. Claims may not be cumulated by assignment to 
avoid application of the fifty dollar deductible provision. Subject to the 
fifty dollar deductible provision, every claim in each class shall be paid in 
full or adequate funds retained for the payment before the members of 
the next class receive any payment. No subclasses shall be established with- 
in any class. 

I. Administration Costs. The costs and expenses of administration, 
including but not limited to the following: the actual and necessary costs 
of preserving or recovering the assets of the insurer; compensation for all 
services rendered in the liquidation; any necessary filing fees; the fees and 
mileage payable to witnesses; and reasonable attorney's fees. 

II. Wages. 

(a) Debts due to employees for services performed, not to exceed one 
thousand dollars to each employee which have been earned within one year 
before the filing of the petition for liquidation. Officers shall not be entitled 
to the benefits of this priority. 

(b) Such priority shall be in lieu of any other similar priority author- 
ized by law as to wages or compensation of employees. 

III. Loss Claims. All claims under policies for losses incurred includ- 



1969] Chapter 272 269 

ing third party claims, and all claims against the insurer for liability for 
bodily injury or for injury to or destruction of tangible property which 
are not under policies, except the first two hundred dollars of losses other- 
wise payable to any claimant under this subsection. All claims under life 
insurance and annuity policies, whether for death proceeds, annuity pro- 
ceeds or investment values, shall be treated as loss claims. Claims may not 
be cumulated by assignment to avoid application of the two hundred dol- 
lar provision. That portion of any loss for which indemnification is pro- 
vided by other benefits or advantages recovered or recoverable by the claim- 
ant shall not be included in this class, other than benefits or advantages 
recovered or recoverable in discharge of familial obligations of support or 
by way of succession at death or as proceeds of life insurance, or as gratui- 
ties. No payment made by an employer to his employee shall be treated as 
a gratuity. 

IV. Unearned Premiums and Small Loss Claims. Claims under non- 
assessable policies for unearned premiums or other premium refunds and 
the first two hundred dollars of loss excepted by the deductible provision in 
paragraph III. 

V. Residual Classification. All other claims including claims of the 
federal or any state or local government, not falling within other classes 
under this section. Claims, including those of any governmental body, for 
a penalty or forfeiture, shall be allowed in this class only to the extent of 
the pecuniary loss sustained from the act, transaction or proceeding out of 
which the penalty or forfeiture arose with reasonable and actual costs oc- 
casioned thereby. The remainder of such claims shall be postponed to the 
class of claims under paragraph VIII. 

VI. Judgments. Claims based solely on judgments. If a claimant files 
a claim and bases it both on the judgment and on the underlying facts, the 
claim shall be considered by the liquidator who shall give the judgment 
such weight as he deems appropriate. The claim as allowed shall receive 
the priority it would receive in the absence of the judgment. If the judgment 
is larger than the allowance on the underlying claim, the remaining por- 
tion of the judgment shall be treated as if it were a claim based solely on a 
judgment. 

VII. Interest on Claims Already Paid. Interest at the legal rate com- 
pounded annually on all claims in the classes under paragraphs I through 
VI from the date of the petition for liquidation or the date on which the 
claim becomes due, whichever is later, until the date on which the dividend 
is declared. The liquidator, with the approval of the court, may make rea- 
sonable classifications of claims for purposes of computing interest, may 
make approximate computations and may ignore certain classifications and 
time periods as deminimis. 

VIII. Miscellaneous Subordinated Claims. The remaining claims or 
portions of claims not already paid, with interest as in paragraph VII: 

(a) The first fifty dollars of each claim in the classes under paragraphs 
II through VI subordinated under this section; 

(b) Claims under paragraph II of section 39; 

(c) Claims subordinated by section 61; 



270 Chapter 272 [1969 

(d) Claims filed late; 

(e) Portions of claims subordinated under paragraph V. 

(£) Claims or portions of claims payment of which is provided by other 
benefits or advantages recovered or recoverable by the claimant. 

IX. Preferred Ownership Claims. Surplus or contribution notes, or 
similar obligations, and premium refunds on assessable policies. Interest 
at the legal rate shall be added to each claim, as in paragraphs VII and VIII. 

X. Proprietary Claims. The claims of shareholders or other owners. 
402-C:45 Liquidator's Recommendations to the Court. 

I. Recommended Claims. The liquidator shall review all claims duly 
filed in the liquidation and shall make such further investigation as he 
deems necessary. He may compound, compromise or in any other manner 
negotiate the amount for which claims will be recommended to the court. 
Unresolved disputes shall be determined under section 41. As often as prac- 
ticable, he shall present to the court reports of claims against the insurer 
with his recommendations. The reports shall include the name and address 
of each claimant, the particulars of the claim and the amount of the claim 
finally recommended, if any. As soon as reasonably possible after the last 
day for filing claims, he shall present a list of all claims not already reported. 
If the insurer has issued annuities or life insurance policies, the liquidator 
shall report the persons to whom, according to the records of the insurer, 
amounts are owed as cash surrender values or other investment values and 
the amounts owed. If the insurer has issued policies on the advance premi- 
um plan, the liquidator shall report the persons to whom, according to the 
records of the insurer, unearned premiums are owed and the amounts owed. 

II. Allowance of Claims. The court may approve, disapprove or modi- 
fy any report on claims by the liquidator, except that the liquidator's agree- 
ments with other parties shall be final and binding on the court on claims 
settled for five hundred dollars or less. No claim under a policy of insur- 
ance shall be allowed for an amount in excess of the applicable policy 
limits. 

402-C:46 Distribution of Assets. 

I. Payments to Creditors. Under the direction of the court, the liquida- 
tor shall pay dividends in a manner that will assure the proper recognition 
of priorities and a reasonable balance between the expeditious completion 
of the liquidation and the protection of unliquidated and undetermined 
claims, including third party claims. Distribution of assets in kind may be 
made at valuations set by agreement between the liquidator and the creditor 
and approved by the court. 

II. Excess Assets. 

(a) Upon liquidation of a domestic mutual insurance company, any 
assets held in excess of its liabilities and the amounts which may be paid to 
its members as provided under subparagraph (b) shall be paid into the 
state treasury for the credit of the insurance department. 

(b) The maximum amount payable upon liquidation to any member 
for and on account of his membership in a domestic mutual insurance com- 
pany, in addition to the insurance benefits promised in the policy, shall be 



1969] Chapter 272 271 

the total of all premium payments made by the member with interest at the 
legal rate compovmded annually. 

402-C:47 Unclaimed and Withheld Funds. 

I. Unclaimed Funds. All unclaimed funds subject to distribution re- 
maining in the liquidator's hands when he is ready to apply to the court 
for discharge, including the amount distributable to any creditor, share- 
holder, member or other person who is unknown or cannot be found or 
who is under disability with no person legally competent to receive his dis- 
tributive share, shall be deposited with the state treasurer, and shall be 
paid over without interest except in accordance with section 44 to the per- 
son entitled thereto or his legal representative upon proof satisfactory to 
the state treasurer of his right thereto. Any amount on deposit not claimed 
within six years from the discharge of the liquidator is deemed abandoned 
and shall become the property of the state. 

II. Withheld Funds. All funds withheld under section 40 and not 
distributed shall upon discharge of the liquidator be deposited with the 
state treasurer and paid by him in accordance with section 40. Any sums 
remaining which under section 40 would revert to the undistributed assets 
of the insurer shall be transferred to the state treasurer and become the 
property of the state under paragraph I unless the commissioner petitions 
the court to reopen the liquidation under section 49. 

402-C:48 Termination of Proceedings. 

I. Liquidator's Application. When all assets justifying the expense of 
collection and distribution have been collected and distributed under this 
chapter, the liquidator shall apply to the court for discharge. The court 
may grant the discharge and make any other orders deemed appropriate, 
including an order to transfer to the state treasury for the credit of the in- 
surance department any remaining funds that are uneconomic to distribute. 

II. Application By Others. Any other person may apply to the court 
at any time for an order under paragraph I. If the application is denied, 
the applicant shall pay the costs and expenses of the liquidator in resisting 
the application, including a reasonable attorney's fee. 

402-C:49 Reopening Liquidation. After the liquidation proceeding 
has been terminated and the liquidator discharged, the commissioner or 
other interested party may at any time petition the court to reopen the 
proceedings for good cause, including the discovery of additional assets. 
If the court is satisfied that there is justification for reopening, it shall so 
order. 

402-C:50 Disposition of Records During and After Termination of 
Liquidation. Whenever it appears to the commissioner that the records of 
any insurer in process of liquidation or completely liquidated are no longer 
useful, he may recommend to the court what records should be retained 
for future reference and what should be disposed of. The court shall enter 
an order thereon. The commissioner shall immediately submit to the state 
historical society a copy of the court order, and on written application of 
the historical society within three months after receipt from the commis- 
sioner of the copy of the court order, the commissioner shall deliver to the 
society such records which are to be disposed of as the society deems of his- 



272 Chapter 272 [1969 

torical significance and shall destroy the remainder whether or not the rec- 
ords have been photographed or otherwise reproduced. Until further order 
of the court, the commissioner shall keep all records the court orders pre- 
served. 

402-C:51 External Audit of Receiver's Books. The court in which the 
proceeding is pending may, as it deems desirable, cause audits to be made 
of the books of the commissioner relating to any receivership established 
under this chapter, and a report of each audit shall be filed with the com- 
missioner and with the court. The books, records and other documents of 
the receivership shall be made available to the auditor at any time without 
notice. The expense of each audit shall be considered a cost of adminis- 
tration of the receivership. 

Interstate Relations 

402-C:52 Conservation of Property of Foreign or Alien Insurers Found 
in This State. 

I. Grounds for Petition. If a domiciliary liquidator has not been ap- 
pointed, the commissioner may apply to the superior court for Merrimack 
county by verified petition for an order directing him to conserve the prop- 
erty of an alien insurer not domiciled in this state or a foreign insurer on 
any one or more of the following grounds: 

(a) Any of the grounds in section 15; 

(b) Any of the grounds in section 20; 

(c) That any of its property has been sequestered by official action in 
its domiciliary state, or in any other state; 

(d) That enough of its property has been sequestered in a foreign 
country to give reasonable cause to fear that the insurer is or may become 
insolvent; 

(e) That 1) its certificate of authority to do business in this state has 
been revoked or that none was ever issued, and 2) there are residents of 
this state with outstanding claims or outstanding policies. 

II. Terms of Order. The court may issue the order in whatever terms 
it deems appropriate. The filing or recording of the order with any register 
of deeds in this state imparts the same notice as a deed, bill of sale or other 
evidence of title duly filed or recorded with that register of deeds. 

III. Transformation to Liquidation or Ancillary Receivership. The 
conservator may at any time petition for and the court may grant an order 
under section 53 to liquidate the assets of a foregn or alien insurer under 
conservation or, if appropriate, for an order under section 55 to be ap- 
pointed ancillary receiver, 

IV. Order to Return to Company. The conservator may at any time 
petition the court for an order, terminating conservation of an insurer. If 
the court finds that the conservation is no longer necessary, it shall order 
that the insurer be restored to possession of its property and the control 
of its business. The court may also make such finding and issue such order 
at any time upon its own motion. 



1969] Chapter 272 273 

402-C:53 Liquidation of Property of Foreign or Alien Insurers Found 
in This State. 

I. Grounds for Petition. If no domiciliary receiver has been appointed, 
the commissioner may apply to the superior court for Merrimack county 
by verified petition for an order directing him to liquidate the assets found 
in this state of a foreign insurer or an alien insurer not domiciled in this 
state, on any of the following grounds: 

(a) Any of the grounds in Section 15; 

(b) Any of the grounds in section 20; 

(c) Any of the grounds in section 52. 

II. Terms of Order. If it appears to the court that the best interests 
of creditors, policyholders and the public so require, the court may issue 
an order to liquidate in whatever terms it deems appropriate. The filing 
or recording of the order with any register of deeds in this state imparts the 
same notice as a deed, bill of sale or other evidence of title duly filed or re- 
corded with that register of deeds. 

III. Conversion to Ancillary Proceeding. If a domiciliary liquidator 
is appointed in a reciprocal state while a liquidation is proceeding under 
this section, the liquidator under this section shall thereafter act as ancil- 
lary receiver under section 55. If a domiciliary liquidator is appointed in 
a nonreciprocal state while a liquidation is proceeding under this section, 
the liquidator under this section may petition the court for permission to 
act as ancillary receiver under section 55. 

IV. Federal Receivership. On the same grounds as are specified in 
paragraph I, the commissioner may petition any appropriate federal dis- 
trict court to be appointed receiver to liquidate that portion of the insurer's 
assets and business over which the court will exercise jurisdiction, or any 
lesser part thereof that the commissioner deems desirable for the protection 
of the policyholders and creditors in this state. The commissioner may ac- 
cept appointment as federal receiver if another person files a petition. 

402-C:54 Foreign Domiciliary Receivers in Other States. 

I. Property Rights and Title: Reciprocal State. The domiciliary li- 
quidator of an insurer domiciled in a reciprocal state shall be vested by 
operation of law with the title to all of the property, contracts and rights 
of action, and all of the books, accounts and other records of the insurer 
located in this state. The date of vesting shall be the date of the filing of 
the petition, if that date is specified by the domiciliary law for the vesting 
of property in the domiciliary state; otherwise, the date of vesting shall be 
the date of entry of the order directing possession to be taken. The dom- 
iciliary liquidator shall have the immediate right to recover balances due 
from agents and to obtain possession of the books, accounts and other rec- 
ords of the insurer located in this state. He also shall have the right to 
recover the other assets of the insurer located in this state, subject to para- 
graph II of section 55. 

II. Property Rights and Title: State Not a Reciprocal State. If a 
domiciliary liquidator is appointed for an insurer not domiciled in a re- 
ciprocal state, the commissioner of this state shall be vested by operation 
of law with the title to all of the property, contracts and rights of action, 



274 Chapter 272 [1969 

and all of the books, accounts and other records of the insurer located in 
this state, at the same time that the domiciliary liquidator is vested with 
title in the domicile. The commissioner of this state may petition for a con- 
servation or liquidation order under section 52 or 53, or for an ancillary 
receivership under section 55, or after approval by the superior court for 
Merrimack county may transfer title to the domiciliary liquidator, as the 
interests of justice and the equitable distribution of the assets require. 

III. Filing Claims. Claimants residing in this state may file claims with 
the liquidator or ancillary receiver, if any, in this state or with the domi- 
ciliary liquidator, if the domiciliary law permits. The claims must be filed 
on or before the last date fixed for the filing of claims in the domiciliary 
liquidation proceedings. 

402-C:55 Ancillary Formal Proceedings. 

I. Appointment of Ancillary Receiver in This State. If a domiciliary 
liquidator has been appointed for an insurer not domiciled in this state, the 
commissioner shall file a petition v>'ith the superior court for Merrimack 
county requesting appointment as ancillary receiver in this state: 

(a) If he finds that there are sufficient assets of the insurer located in 
this state to justify the appointment of an ancillary receiver; 

(b) If ten or more persons resident in this state having claims against 
the insurer file a petition with the commissioner requesting appointment of 
an ancillary receiver; or 

(c) If the protection of creditors or policyholders in this state so re- 
quires. 

II. Terms of Order. The court may issue an order appointing an an- 
cillary receiver in whatever terms it deems appropriate. The filing or re- 
cording of the order with any register of deeds in this state imparts the 
same notice as a deed, bill of sale or other evidence of title duly filed or 
recorded with that register of deeds. 

III. Property Rights and Title: Ancillary Receivers in This State. 
When a domiciliary liquidator has been appointed in a reciprocal state, the 
ancillary receiver appointed in this state under paragraph I shall have the 
sole right to recover all the assets of the insurer in this state not already 
recovered by the domiciliary liquidator, except that the domiciliary liquida- 
tor shall be entitled to and have the sole right to recover balances due from 
agents and the books, accounts and other records of the insurer. The an- 
ciliary receiver shall have the right to recover balances due from agents and 
books, accounts and other records of the insurer, if such action is necessary 
to protect the assets because of inaction by the domiciliary liquidator. The 
ancillary receiver shall, as soon as practicable, liquidate from their respec- 
tive securities those special deposit claims and secured claims which are 
proved and allowed in the ancillary proceedings in this state, and shall pay 
the necessary expenses of the proceedings. He shall promptly transfer all 
remaining assets to the domiciliary liquidator. Subject to this section, the 
ancillary receiver and his deputies shall have the same powers and be sub- 
ject to the same duties with respect to the administration of assets as a 
liquidator of an insurer domiciled in this state. 

IV. Property Rights and Title: Foreign Ancillary Receivers. When a 



1969] Chapter 272 275 

domiciliary liquidator has been appointed in this state, ancillary receivers 
appointed in reciprocal states shall have, as to assets and books, accounts and 
other records located in their respective states, corresponding rights and 
powers to those prescribed in paragraph III for ancillary receivers appointed 
in this state. 

402-C:56 Ancillary Summai-y Proceedings. The commissioner in his 
sole discretion may institute proceedings under sections 11 through 13 at 
the request of the commissioner or other appropriate official of the domi- 
ciliary state of any foreign or alien insurer having property located in this 
state. 

402-C:57 Claims of Nonresidents Against Insurers Domiciled in This 
State. 

I. Filing Claims. In a liquidation proceeding begun in this state against 
an insurer domiciled in this state, claimants residing in foreign countries or 
in states not reciprocal states must file claims in this state, and claimants re- 
siding in reciprocal states may file claims either with the ancillary receivers, 
if any, in their respective states, or with the domiciliary liquidator. Claims 
must be filed on or before the last dates fixed for the filing of claims in the 
domiciliary liquidation proceeding. 

II. Proving Claims. Claims belonging to claimants residing in reciprocal 
states may be proved either in the liquidation proceeding in this state as 
provided in this chapter, or in ancillary proceedings, if any, in the reciprocal 
states. If notice of the claim and opportunity to appear and be heard is af- 
forded the domiciliary liquidator of this state as provided in section 58 with 
respect to ancillary proceedings in this state, the final allowance of claims by 
the courts in ancillary proceedings in reciprocal states shall be conclusive as 
to amount and as to priority against special deposits or other security lo- 
cated in the ancillary states, but shall not be conclusive with respect to pri- 
orities against general assets under section 44. 

402-C:58 Claims of Residents Against Insurers Domiciled in Reciprocal 
States. 

I. Filing Claims. In a liquidation proceeding in a reciprocal state 
against an insurer domiciled in that state, claimants against the insurer who 
reside within this state may file claims either with the ancillary receiver, if 
any, in this state, or with the domiciliary liquidator. Claims must be filed on 
or before the last dates fixed for the filing of claims in the domiciliary li- 
quidation proceeding. 

II. Proving Claims. Claims belonging to claimants residing in this 
state may be proved either in the domiciliary state under the law of that 
state or in ancillary proceedings, if any, in this state. If a claimant elects to 
prove his claim in this state, he shall file his claim with the court in the man- 
ner provided in sections 37 and 38. The ancillary receiver shall make his 
recommendation to the court as under section 45. He also shall arrange a 
date for hearing if necessary under section 41 and shall give notice to the 
liquidator in the domiciliary state, either by registered mail or by personal 
service at least forty days prior to the date set for hearing. If the domiciliary 
liquidator, within thirty days after the giving of such notice, gives notice in 
writing to the ancillary receiver and to the claimant, either by registered 



276 Chapter 272 [1969 

mail or by personal service, of his intention to contest the claim, he shall be 
entitled to appear or to be represented in any proceeding in this state in- 
volving the adjudication of the claim. The final allowance of the claim by 
the courts of this state shall be accepted as conclusive as to amount and as to 
priority against special deposits or other security located in this state. 

402-C:59 Attachment, Garnishment and Levy of Execution. During the 
pendency in this or any other state of a liquidation proceeding, whether 
called by that name or not, no action or proceeding in the nature of an at- 
tachment, garnishment or levy of execution shall be commenced or main- 
tained in this state or elsewhere against the delinquent insurer or its assets. 

402-C:60 Interstate Priorities. 

I. Priorities. In a liquidation proceeding in this state involving one or 
more reciprocal states, the order of distribution of the domiciliary state shall 
control as to all claims of residents of this and reciprocal states. All claims of 
residents of reciprocal states shall be given equal priority of payment from 
general assets regardless of where such assets are located. 

II. Priority of Special Deposit Claims. The owners of special deposit 
claims against an insurer for which a liquidator is appointed in this or any 
other state shall be given priority against the special deposits in accordance 
with the statutes governing the creation and maintenance of the deposits. 
If there is a deficiency in any deposit so that the claims secured by it are not 
fully discharged from it, the claimants may share in the general assets, but 
the sharing shall be deferred until general creditors, and also claimants 
against other special deposits who have received smaller percentages from 
their respective special deposits, have been paid percentages of their claims 
equal to the percentage paid from the special deposit. 

III. Priority of Secured Claims. The owner of a secured claim against 
an insurer for which a liquidator has been appointed in this or any other 
state may surrender his security and file his claim as a general creditor, or 
the claim may be discharged by resort to the security in accordance with 
section 43, in which case the deficiency, if any, shall be treated as a claim 
against the general assets of the insurer on the same basis as claims of un- 
secured creditors. 

402-C:6I Subordination of Claims for Noncooperation. If an ancillary 
receiver in another state or foreign country, whether called by that name or 
not, fails to transfer to the domiciliary liquidator in this state any assets 
within his control other than special deposits, diminished only by the ex- 
penses of the ancillary receivership, if any, the claims filed in the ancillary 
receivership, other than special deposit claims or secured claims, shall be 
placed in the class of claims under paragraph VIII of section 48. 

272:2 Repeal. RSA 402:31, 32, 33, 34, and 35, relating to the dissolu- 
tion of insolvent insurance companies, are hereby repealed. 

272:3 Repeal. RSA 411:20 through 27, relating to the winding up of 
life insurance companies, are hereby repealed. 

272:4 Repeal. RSA 418:28, relating to applications for receivership or 
dissolution of fraternal benefit societies, is hereby repealed. 



1969] Chapter 273 277 

272:5 Effective Date. This act shall take effect upon its passage. 
[Approved June 23, 1969.] 
[Effective date June 23, 1969.] 



CHAPTER 273. 

AN ACT RELATIVE TO COLLEGE REQUIREMENTS FOR REGISTRATION IN OPTOMETRY. 

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

273:1 Practice of Optometry. Amend RSA 327:6, as amended by 1957, 
36:2 by striking out in lines ten and eleven the words "that he is a citizen 
of the United States," by striking out in line twleve the words "one year" 
and inserting in place thereof the words (two years) and by striking out in 
line fifteen the word "three" and inserting in place thereof the word (four) 
so that said section as amended shall read as follows: 327:6 Certificates of 
Qualifications and Fees. No person, except as otherwise provided in this 
chapter, shall practice optometry until he shall have passed an examination 
approved by the board in theoretical, practical and physiological optics, in 
theoretical and practical optometry, and in anatomy, physiology and pathol- 
ogy of the eye, and shall have demonstrated his ability to properly use the 
ophthalmoscope, the retinoscope and other scientific instruments and meth- 
ods used in the practice of optometry, and shall have been registered and 
shall have received a certificate of qualification in optometry. Every appli- 
cant for examination shall present satisfactory evidence in the form of 
affidavits properly sworn to, that he is over tweny-one years of age and of 
good moral character, that he has had two years at a college or junior col- 
lege of arts and sciences with satisfactory grades, and graduated from a 
school or college of optometry approved by the board, maintaining a mini- 
mum of four years in optometric training. The fee for the examination for 
registration shall be twenty-five dollars, and those passing the examination 
shall receive the certificate of qualification without additional charges. Any 
person failing to pass a satisfactory examination shall be entitled to re- 
examination at any future meeting of the board within two years without 
further fee; after two years the charge will be five dollars for each subsequent 
examination. 

273:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 274. 

AN ACT RELATIVE TO THE PENALTY FOR KILLING DOGS. 

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



278 Chapter 275 [1969 

274:1 Stealing of Dogs, etc. Amend RSA 466:42-a, as inserted by 1959, 
1:1, by striking out in line three the words "fifty dollars" and inserting in 
place thereof the following (two hundred and fifty dollars), and by striking 
out in line five the words "less than ten nor more than fifty dollars" and in- 
serting in place thereof the following (less than fifty nor more than five 
hundred dollars, and shall be liable to the dog's owner for its value in an 
action on the case) so that said section as amended shall read as follows: 
466:42-a Stealing Dogs, etc. Whoever wrongfully removes the collar from or 
steals a dog licensed and collared as aforesaid shall be fined not more than 
two hundred fifty dollars. Whoever distributes or exposes a poisonous sub- 
stance, with intent that the same shall be eaten by any dog, shall be fined 
not less than fifty nor more than five hundred dollars, and shall be liable to 
the dog's owner for its value in an action on the case. 

274:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 275. 

AN ACT RELATIVE TO SICK LEAVE FOR CLASSIFIED EMPLOYEES. 

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

275:1 State Employees. Amend RSA 99:2 by inserting after paragraph 
d (supp) the following new paragraph: e. Other provisions of law notwith- 
standing, all classified state employees who qualify for workmen's compensa- 
tion benefits under RSA 281 may draw such benefits or may elect to supple- 
ment such benefits with sick or annual leave benefits or both under rules 
and regulations approved by he governor and council for the computation 
of charges against sick and annual leave benefits. 

275:2 Effective Oate. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 276. 

AN ACT RELATIVE TO EDUCATIONAL QUALIFICATIONS FOR REGISTRATION 
AS A PHARMACIST. 

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

convened: 

276:1 Qualifications. Amend RSA 318:18 by striking out in line five 
the words "as grade "A" so that said section, as amended, shall read as fol- 
lows: 318:18 Pharmacists. An applicant for examination and registration as 



1969] Chapter 277 279 

a pharmacist shall be a citizen of the United States, not less than twenty-one 
years of age, of good moral character and temperate habits, a graduate of a 
school or college of pharmacy or department of a university accredited by 
the American Council of Pharmaceutical Education and approved by the 
New Hampshire commission of pharmacy and practical chemistry, shall file 
proof satisfactory to the commission, substantiated by proper affidavits, of a 
minimum of one year of experience in a retail or hospital pharmacy in the 
United States where physicians' prescriptions are compounded under the 
supervision of a registered or licensed pharmacist; and shall pass an exam- 
ination given by the New Hampshire commission of pharmacy to establish 
satisfactorily his fitness to practice. Service and experience in a retail or hos- 
pital pharmacy under the supervision of a registered or licensed pharmacist 
as required in this section shall be predominantly related to the selling of 
drugs and medical supplies, compounding prescriptions, preparing pharma- 
ceutical preparations, and keeping records and making reports required 
under state and federal statutes. 

276:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 23, 1969.] 
[Effective date June 23, 1969.] 



CHAPTER 277. 

AN ACT RELATIVE TO THE SIZE OF VOTING BOOTHS. 

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

277:1 Size Prescribed, Amend RSA 59:37 by inserting in line fifteen 
after the word "high" the following (The booth shall be between twenty- 
eight and thirty-six inches wide, between twenty-eight and thirty six inches 
deep), by striking out in lines seventeen and eighteen the words "shall be at 
least three feet square" and by striking out in lines eighteen and nineteen 
the words "at least fifteen inches wide" and inserting in place thereof the 
following (between twelve and fifteen inches wide running the width of the 
booth) so that said section as amended shall read as follows: 59:37 Arrange- 
ment of Polling Places. The selectmen of each town and ward shall provide 
suitable places in which to hold all elections provided for in this chapter, 
and shall see that the same are warmed, lighted, and furnished with proper 
supplies and conveniences, including a sufficient number of booths, shelves, 
and soft black lead pencils, to enable the voter to prepare his ballot for vot- 
ing, screened from all observation as to the manner in which he does so. A 
guardrail shall be so constructed and placed that only such persons as are 
inside such rail can approach within six feet of the ballot box and of the 
voting booths. The arrangements shall be such that the voting booths can be 
reached only by passing within the guard-rail. They shall be in plain view of 
the election officers, and both they and the ballot boxes shall be in plain 
view of those outside the guard-rail. Each of said booths shall have three 
sides enclosed, one side in front to open and shut by a door swinging out- 
ward, or to be enclosed with a curtain. Each side of the booths shall be not 



280 Chapter 278 [1969 

less than six feet high. The booth shall be between twenty-eight and thirty- 
six inches wide, between twenty-eight and thirty-six inches deep, and the 
door or curtain shall extend to within two feet of the floor, and shall be 
closed while the voter is preparing his ballot. Each booth shall be well 
lighted, and shall contain a shelf between twelve and fifteen inches wide 
running the width of the booth, at a convenient height for writing. The 
number of such voting booths shall not be less than one to every one hun- 
dred and t^venty-five voters, or fraction thereof, qualified to vote at such 
polling place, and there shall not in any case be less than two of these voting 
booths at any polling place. 

277:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 278. 

AN ACT RELATIVE TO THE REIMBURSEMENT OF TOWNS AND CITIES FOR LAND AND 
BUILDINGS TAKEN BY THE UNITED STATES FOR FLOOD CONTROL. 

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

278:1 Reimbursement To Cities and Towns Authorized. Amend RSA 

122:4, as amended by 1955, 315:1, by striking out in lines twenty through 
twenty-seven the words "prior to or on April 1, 1955, the tax commission 
shall, prior to September 15, 1955, fix anew such separate valuations thereon, 
for purposes of reimbursement, as will make the same currently propor- 
tional with the assessed value of all other property in the town or city which 
is subject to taxation; and the valuation of improvements thus determined 
shall thereafter be annually reduced over a forty-year period as above pro- 
vided. On land and improvements thereon acquired by the United States 
hereunder after April 1, 1955," and by inserting in line thirty-seven after the 
word "land" the following (and artificial improvements) so that said section 
as amended shall read as follows: 122:4 Reimbursement to Cities and 
Towns. On or before the first day of October of each year, the state treas- 
urer shall pay to each town and city in which any taxable real estate or in- 
terest therein has been acquired hereunder by the United States and thus 
become tax exempt for such year, a sum equal to the taxes which would 
have been assessed against said real estate or interest therein in such town or 
city if the same had been included in the list of taxable property for such 
year at an assessed valuation of the same determined as provided in this 
section. For land acquired by the United States hereunder, reimbursement 
shall be made upon a valuation determined as provided herein on a per- 
manently continuing basis, and if growing wood and timber was taxable as 
real estate on the date of acquisition by the United States of the land on 
which it stood, it shall be deemed to be land hereunder. For all artificial 
improvements on land acquired by the United States hereunder, including 
buildings, structures and other artificial real estate fixtures of whatsoever 



1969] Chapter 279 281 

kind and nature, reimbursement shall be made upon a valuation determined 
initially as provided herein and thereafter annually reduced by two and 
one-half per cent so that at the end of forty years reimbursement therefor 
shall have terminated. On land and improvements thereon acquired by the 
United States hereunder the initial assessed valuation of the same for pur- 
poses of reimbursement shall be the locally assessed valuation thereon for 
the tax year in which acquired as adjusted by the assessors and the tax com- 
mission acting as a joint board, so as to make such valuation proportional 
to the value of all other property in such town or city subject to taxation; 
and for purposes of this section the joint board may subdivide such assess- 
ment equitably between land and improvements thereon or between real es- 
tate acquired and that not acquired, if the official assessment was not thus 
subdivided; and the valuations of improvements thus determined shall there- 
after be annually reduced over a forty-year period as above provided. On 
land, and artificial improvements, the valuations initially established as 
above provided in a town or city shall be reviewed by the tax commission at 
least once in every five years and more frequently if reasonably necessary 
and be changed as necessary to make them proportional with the assessed 
value of all other taxable property in such town or city. The amount of the 
reimbursement due to each town and city hereunder shall be determined by 
the tax commission and certified by it to the state treasurer on or before the 
fifteenth day of September of each year. The tax commission shall reduce 
the amount of reimbursement thus determined by any amount paid or due 
that town or city for that year by or from the Unitecl States, another state, 
an interstate flood control agency or other source, because of such loss of 
taxable valuation. The governor is authorized to draw his warrant for the 
payment of such reimbursements out of any money in the treasury not other- 
wise appropriated. Provided however, that reimbursement payments for loss 
of taxes on account of the acquisition of railroad or public utility property 
shall be reduced to the extent that such railroad or public utility property is 
relocated and reconstructed in the same town or city as a result of such ac- 
quisition, and thereby is included to that extent in the list of taxable prop- 
perty in said town or city as relocated. 

278:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



CHAPTER 279. 

AN ACT PROVIDING FOR WATER POLLUTION PROTECTIVE ACTION. 

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

279:1 Duties. Amend RSA 149:4 by inserting after paragraph XIV 
(supp) the following new paragraph: XV. To formulate a policy relating to 
long term trends affecting the purity of the waters of the state. Insofar as 
practicable and necessary, a continuing program of sampling and subse- 



282 Chapter 280 [1969 

quent chemical and/or biological analysis shall be conducted to establish 
patterns and reveal long term trends to serve as a basis for formulating such 
policy. In conducting said program of sampling and analysis, the ^vater sup- 
ply and pollution control commission is authorized to accept any assistance 
as may be proffered by persons that the commission deems to be qualified. 
The commission shall make a biennial report of its findings to the legisla- 
ture. 

279:2 Effective Date, This act shall take effect upon its passage. 
[Approved June 23, 1969.] 
[Effective date June 23, 1969.] 



CHAPTER 280. 

AN ACT TO PROVIDE MONETARY S.\NCTION PROVISIONS FOR \10LATI0N OF STATUTES 
.\ND REGULATIONS PERTAINING TO GAS PIPELINES. 

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

280:1 Gas Pipelines Regulations. Amend RSA 374 by inserting after 

section 7 the following: 

374:7-a Violation. 

I. Any person who violates any provision of RSA 370:2 or any stand- 
ards or regulations promulgated thereunder by the public utilities commis- 
sion, relative to gas pipelines, shall be subject to a civil penalty of not ex- 
ceeding one thousand dollars for each violation for each day that the viola- 
tion persists. However, the maximum civil penalty shall not exceed two 
hundred thousand dollars for any related series of violations. 

II. Any civil penalty assessed under the preceding paragraph may be 
compromised by the public utilities commission. In determining the 
amount of the penalty, or the amount agreed upon in compromise, the ap- 
propriateness of the penalty to the size of the business of the person charged, 
the gravity of the violation, and the good faith of the person charged in at- 
tempting to achieve compliance, after notification of a violation, shall be 
considered. The amount of the penalty, when finally determined, or the 
amount agreed upon in compromise, may be deducted from any sums owing 
by the state to the person charged or may be recovered in a civil action in 
the state courts. 

280:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1969.] 
[Effective date August 22, 1969.] 



1969] Chapter 281 283 

CHAPTER 281. 

AN ACT RELATIVE TO THE LEGISLATIVE BUDGET ASSISTANT. 

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

281:1 Appointment and Compensation. Amend RSA 14:30 by striking 
out in lines two, three, and four the words "the appropriations committee of 
the house of representatives and the finance committee of the state senate, 
acting as a special" and insert in place thereof the words (the fiscal commit- 
tee) so that said section as amended shall read as follows: 14:30 Appoint- 
ment and Compensation. Prior to the prorogation of any regular session of 
the legislature, the fiscal committe shall appoint a legislative budget as- 
sistant ^vhose name shall be filed with the secretary of state. Said officer shall 
receive such salary as may be determined by the legislature and shall be re- 
imbursed for actual expenses when engaged in the duties of his office. 

281:2 Duties. Amend RSA 14:31 by striking out said section and in- 
serting in place thereof the following new section: 

14:31 Duties. 

I. Post-Audit. The legislative budget assistant shall have the authority 
to post-audit the accounts and records of any state department, board, insti- 
tution, commission, or agency. The legislative budget assistant may co-op- 
erate with federal officials and agencies in conducting post-audits pursuant 
to this paragraph. A detailed report of every post-audit conducted pursuant 
to this paragraph shall be submitted to the fiscal committee for its approval 
by the committee, a copy of the report shall be given to the governor, the 
comptroller, and the executive officer of the department, board, institution, 
commission or agency concerned. The executive officer shall have the right 
to submit a ^vritten statement explaining or rebutting the findings of the 
report to the fiscal committee. 

II. Audit of State Treasurer. The legislative budget assistant shall con- 
duct an audit of the accounts of the state treasurer at least once each fiscal 
year. The findings and report of a certified accountant, designated by the 
legislative budget assistant may be accepted as fulfilling the requirements of 
this paragraph. 

III. Research, Investigation, and Analyses. The legislative budget as- 
sistant shall conduct such investigations, analyzes, or research into the fi- 
nancial activities and condition or the financial management procedures, or 
any specific area thereof, of any department, board, institution, commission, 
or agency, for the information of the legislature, as the fiscal committee 
shall specifically direct. In making any such investigation, analysis, or re- 
search, the legislative budget assistant shall have the power to examine what- 
ever accounts or records of, or property or things of value held by, said de- 
partment, board, institution, commission, or agency the fiscal committee 
shall deem useful to said investigation, analysis, or research. 

IV. Furnishing Information. All state departments, boards, institu- 
tions, commissions and agencies shall be required to furnish to the legisla- 
tive budget assistant any information he may request in the course of carry- 
ing out his duties as prescribed by paragraphs I, II and III. 



284 Chapter 281 [1969 

V. Biennial Reports. In addition to any other reports required by 
statute or by the fiscal committee to be submitted by the legislative budget 
assistant, he shall submit to the members of the appropriations, finance, and 
ways and means committees a report of the results of post-audits, and in- 
vestigations, he has conducted since the date of his last such report. The re- 
port required by this paragraph shall be submitted not later than January 
twenty-fifth of each regular legislative session. 

VI. Attendance at Budget Hearing. The legislative budget assistant 
shall attend all hearings on state budgets as provided for in RSA 9:7. 

VII. Staff Duties. The legislative budget assistant shall provide tech- 
nical staff assistance in the areas of finance, accounting and budgeting to the 
appropriations, finance, and ways and means committees on their request. 

281:3 Office Space. Amend RSA14:32 by striking out in lines one and 
two the words "Said assistant shall be assigned office supplies and equip- 
ment belonging to the legislature," and by striking out in lines five, six, 
seven, eight, and nine the words "All state departments, institutions, com- 
missions, and agencies shall be required to furnish to said budget assistant 
any information he may request relative to matters which may be of use to 
the said committees and the legislature in dealing with the financial condi- 
tions of the state"; further amend said section by striking out in line four 
the word "him" and inserting in place thereof the following (the legislative 
budget assistant) so that said section as amended shall read as follows: 14:32 
Office Space. Suitable office space in the state house devoted to the use of 
the legislature shall be assigned to the legislative budget assistant for use 
during the legislative sessions and also during the interim between sessions. 

281:4 Dismissal. Amend RSA 14:33 by striking out said section and in- 
serting in place thereof the following: 14:33 Dismissal. The legislative bud- 
get assistant may be dismissed at any time by vote of the fiscal committee for 
good cause shown in a complaint brought by the said committee. The legis- 
lative budget assistant shall be afforded due notice of any such complaint 
and a fair hearing before said committee before dismissal. Should the fiscal 
committee vote to dismiss the legislative budget assistant, he may appeal his 
dismissal to a special committee consisting of the house appropriations and 
senate finance committees which shall have the power to uphold or reverse 
the decision of the fiscal committee. 

281:5 Assistants. Amend RSA 14:34 by striking out in lines two, four, 
and eight the word "special" and inserting in place thereof the word (fiscal), 
and by inserting at the end of said section the following new sentence: (The 
legislative budget assistant shall also have the authority with the approval 
of the fiscal committee to hire on a temporary basis such expert consultants, 
including but not being limited to certified public accountants and data 
processing experts, as are necessary to carry out his duties) so that said sec- 
tion as amended shall read as follows: 14:34 Assistants. The legislative 
budget assistant with the approval of the fiscal committee, may appoint a 
deputy legislative budget assistant and such other assistants as he may re- 
quire within the limits of the appropriation made for his department on 
recommendation of the fiscal committee. The deputy legislative budget as- 
istant shall perform such duties as may be determined by the legislative 
budget assistant and may be dismissed by the legislative budget assistant 



1969] Chapter 282 285 

with the approval of the fiscal committee for good cause shown. The legis- 
lative budget assistant shall also have the authority with the approval of 
the fiscal committee to hire on a temporary basis such expert consultants, 
including but not being limited to certified public accountants and data 
processing experts, as are necessary to carry out his duties. 

281:6 Vacancies. Amend RSA 14:35 by striking out in lines two, three, 
and four the words "chairman of the house approprations committee shall 
call a joint meeting of the house appropriations committee and the senate 
finance committee" and inserting in place thereof the words (fiscal com- 
mittee shall meet); and by striking out in line seven the word "special" and 
inserting in place thereof the word (fiscal) so that said section as amended 
shall read as follows: 14:35 Vacancies. When the position of the legislative 
budget assistant becomes vacant the fiscal committee shall meet not less than 
one month after the vacancy occurs for the purpose of filling said vacancy. 
When the position of the deputy legislative budget assistant becomes vacant 
the legislative budget assistant with the approval of the fiscal committee 
may appoint a deputy legislative budget assistant to fill the vacancy. 

281:7 Effective Date. This act shall take effect upon its passage. 
[Approved June 24, 1969.] 
[Effective date June 24, 1969.] 



CHAPTER 282. 

AN ACT AUTHORIZING THE TRANSFER OF STATE CONSERVATION OFFICERS FROM GROUP 
I OR FROM THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF NEW HAMPSHIRE 
TO GROUP II IN THE NEW HAMPSHIRE RETIREMENT SYSTEM, AND REOPENING THE NEW 
HAMPSHIRE RETIREMENT SYSTEM AND TRANSFERRING ALL EMPLOYEES INTO SAID 
SYSTEM UNLESS SAID EMPLOYEES TAKE AFFIRMATIVE ACTION TO REMAIN IN AN OLD 

SYSTEM. 

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

282:1 Conservation Officers and Retirement Systems Reopened. Amend 
RSA 100-A (supp) as inserted by 1967, 134:1 by inserting at the end of said 
chapter the following new subdivisions: 

Transfer of Conservation Officers from Group I or from the Employees' 
Retirement System of the State of New Hampshire, to Group II 

100-A:32 Transfer Accomplished. Every permanent conservation officer 
(including by definition the district chiefs and the division chief) employed 
by the state fish and game department, who is a group I member of the 
New Hampshire retirement system, or a member of the employees' retire- 
ment system of the state of New Hampshire, shall on July 1, 1969, become a 
member of group II in the New Hampshire retirement system, anything in 
this chapter to the contrary notwithstanding. From July 1, 1969, such con- 
servation officers shall thereafter be eligible for such benefits as are provided 
for group II members under this chapter including credit for all prior 
service allowable, as if they had become group II members from the incep- 



286 Chapter 283 [1969 

tion of said retirement system. The board of trustees shall make all neces- 
sary changes in its records to accomplish the foregoing. 

Retirement Systems Reopened 
100-A:33 Transfer of Members. All members of the other state retire- 
ment systems are hereby transferred to the New Hampshire retirement sys- 
tem established by this chapter effective as of June 30, 1970; provided, how- 
ever, that no member of said other retirement systems shall be so transferred 
if, on or before March 1, 1970, said member shall notify the board of trus- 
tees in writing of his desire to remain in his original system. 

282:2 Appropriation. The sum of fifty three thousand seven hundred 
two dollars is hereby appropriated to the New Hampshire retirement sys- 
tem to meet the increased annual contribution due to the transfer cited in 
RSA 100-A:32 as inserted above and to meet the increase in the unfunded 
accrued liability due to said transfer for the fiscal year ending June 30, 1970 
and a like sum for the fiscal year ending June 30, 1971, and the foregoing ap- 
propriations shall be a charge on the fish and game fund. The appropria- 
tions for OASI in the budgets of the fish and game department for each of 
the foregoing fiscal years shall be reduced in each year by the sum of thir- 
teen thousand four hundred five dollars. 

282:3 Effective Date. This act shall take effect July 1, 1969. 
[Approved June 24, 1969.] 
[Effective date July 1, 1969.] 



CHAPTER 283. 

AN ACT RELATIVE TO CAPITAL REQUIREMENTS OF INSURANCE COMPANIES. 

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

283:1 Paid-up Capital. Amend RSA 401:4 as amended by 1965, 51:1 by 
striking out in line two the word "four" and inserting in place thereof the 
word (eight) and by striking out in lines three and four the words "excepting 
title guarantee insurance companies which shall have a paid-up capital of 
at least two hundred thousand dollars" so that said section as amended shall 
read as follows: 401:4 Paid-up Captial. All stock companies organized un- 
der the provisions of this chapter shall have a paid-up capital of at least 
eight hundred thousand dollars. 

283:2 Combinations of Business. Amend RSA 401:5 by striking out in 
line twelve the word "one" and inserting in place thereof the word (four) so 
that said section as amended shall read as follows: 401:5 Combinations of 
Business. Articles of agreement of such a stock or mutual company may pro- 
vide for the transaction of any combinations of two or more kinds of in- 
surance authorized by section 1 except that specified by paragraph III of 
said section which may only be combined with insurance specified in para- 
graph IV or V, or both. The articles of agreement of a mutual company 
issuing assessable policies may not provide for the transaction of any but 



1969] Chapter 283 287 

the following combinations of business: That specified in paragraph I of 
section 1 with that specified in paragraph II; That specified in paragraphs 

III, IV, and V or any two of said paragraphs; That specified in paragraphs 

IV, V, VI, and VII or in any two or more of said paragraphs, unless such 
company shall have and maintain a policyholders' surplus of at least four 
hundred thousand dollars. 

283:3 Contingent Liability. Amend RSA 402:2 by striking out said sec- 
tion and inserting in place thereof the following: 

402:2 Contingent Liability. Any mutual fire or casualty insurance com- 
pany organized under the laws of this state, which charges a full cash pre- 
mium, may limit the liability of policyholders to assessment by a stipulation 
in the policy, which shall have the same effect as a deposit note signed by the 
insured; but such contingent liability of a member shall not be less than an 
amount equal to and in addition to the cash premium written in his policy. 
Any such mutual fire insurance company, from and after May 20, 1941, and 
any such mutual casualty insurance company, from and after January 1, 
1943, may issue nonassessable policies in this state upon compliance with the 
following requirements: (a) It shall have and at all times maintain a surplus" 
to policyholders as determined from its latest annual statement on file, 
which together with thirty percent of its unearned premium reserve is at 
least equal to the minimum capital required for the organization of a do- 
mestic stock insurance company to do the same kind or kinds of insurance. 
Provided that this additional requirement shall not apply to those mutual 
fire or casualty companies organized under the laws of this state which are 
lawfully authorized to issue nonassesable policies in this state and are in fact 
issuing such nonassessable policies in this state on May 1, 1969. (b) Mutual 
companies formed to do business under paragraphs I and II of section 1, 
chapter 401, RSA, shall matain a deposit with the insurance commissioner 
of three hundred thousand dollars and mutual companies formed to do busi- 
ness under paragraphs IV, V, VI or VII of said section shall maintain a de- 
posit with the insurance commissioner of five hundred thousand dollars in 
cash or in securities which are legal investments for savings banks and in 
such other investments as may be approved by the insurance commissioner, 
(c) A mutual fire or casualty insurance company shall issue nonassessable 
policies only so long as it maintains these financial requirements and if it 
fails to maintain these requirements it shall not thereafter issue nonassess- 
able policies in this state for one year from the time when its surplus, un- 
earned premium reserve and deposit again meet the financial requirements 
of this section, (d) Every policy issued by any such company shall clearly 
state whether or not the holder of such policy is subject to liability for as- 
sessment. Any policy issued by any such company which subjects the policy- 
holder to liability for assessment shall contain a clear statement of the lia- 
bility of the policyholder for the payment of his proportionate share of any 
deficiency or impairment as provided by law within the limit established by 
the policy, and shall further state that any assessment shall be for the ex- 
clusive benefit of holders of policies which provide for such contingent 
liability; and the holders of such policies shall not be liable to assessment in 
an amount greater in proportion to the total deficiency than the ratio that 
the deficiency attributable to the assessable business bears to the total de- 
ficiency. 



288 Chapter 283 [1969 

283:4 Mutual Companies. Amend RSA 402:14 by striking out in line 
eight the word "twenty-five" and inserting in place thereof the following 
(five hundred) so that said section as amended shall read as follows: 402:14 
Mutual Companies. No such license shall be issued to a mutual insurance 
company which charges a full cash premium, unless it has applications for 
insurance aggregating not less than five hundred thousand dollars in not 
less than two hundred separate risks, upon which it shall have received in 
cash at least one premium for a term not less than one year, amounting in 
the aggregate to at least ten thousand dollars; provided, that this require- 
ment sliall not apply to a mutual insurance company having a fully paid up 
guaranty capital of not less than five hundred thousand dollars, nor to mu- 
tual life insurance companies, nor to mutual employers' liability insurance 
companies. 

283:5 Foreign Stock Companies. Amend RSA 405:2 by striking out in 
line three the word "two" and inserting in place thereof the word (eight) so 
that said section as amended shall read as follows: 405:2 Stock Company. 
No such stock insurance company shall be licensed to do business in the 
state unless it shall possess a paid-up capital of eight hundred thousand dol- 
lars, invested in securities readily convertible into cash, one-half at least of 
which are not loans secured by real estate; nor unless it shall possess, in ad- 
dition to such capital, assets equal in amount to all its oustanding liabilities, 
estimating fifty percent of premiums received on unexpired fire risks run- 
ning one year or less from date of policy, and a pro rata amount of all pre- 
miums received on unexpired risks running more than one year from date 
of policy, and on marine risks fifty per cent of the amount of premiums 
written on policies upon yearly risks, and upon risks covering more than one 
passage not terminated, and the full amount of premiums written on poli- 
cies of all other marine risks not terminated as a liability. 

283:6 Foreign Mutual Insurance Company. Amend RSA 405:4 by 
striking out in line two the word "two" and inserting in place thereof the 
word (eight) and by striking out in line three the words "cash assets" and in- 
serting the words (surplus to policyholders) so that said section as amended 
shall read as follows: 405:4 Mutual Insurance Company. No such mutual 
insurance company shall be licensed to do business in the state unless it 
shall possess eight hundred thousand dollars of surplus to policyholders in- 
vested as provided in section 2, nor unless its assets equal its outstanding 
liabilities, including reinsurance, to be estimated as in the case of joint 
stock insurance companies, and including also the amount of its guaranteed 
capital. 

283:7 Repeal. RSA 405:5, relating to restricted business of foreign in- 
surance companies, is hereby repealed. 

283:8 Companies Excluded. Amend RSA 405:26 by striking out said 
section and inserting in place thereof the following: 405:26 Companies 
Excluded. Such licensee shall not offer any portion of such insurance to any 
company which has not been approved by the insurance commissioner and 
does not possess and maintain a surplus to policyholders of at least five 
hundred thousand dollars or to any company which has within the preced- 
ing twenty-four months been in an impaired condition. 

283:9 Domestic Life Companies; Capital Stock. Amend RSA 411:1 by 



1969] Chapter 283 289 

striking out in line three the word "two" and inserting in place thereof the 
word (six) so that said section as amended shall read as follows: 411:1 
Capital Stock. Any corporation organized under the laws of this state and 
engaged wholly or in part in the life insurance business as a stock company 
shall have a capital stock of not less than six hundred thousand dollars 
paid in, which shall be invested as provided in section 15. One half of such 
captial shall be deposited with the insurance commissioner. 

283:10 Domestic Life Companies; Mutual. Amend RSA 411:3 by strik- 
ing out in line six the word "one" and inserting in place thereof the word 
(two) so that said section as amended shall read as follows: 411:3 Mutual 
Companies. No such certificate shall be issued to such a corporation or- 
ganized on the mutual plan until at least five hundred persons have sub- 
scribed in the aggregate for at least five hundred thousand dollars of in- 
surance upon their lives and shall each have paid in one full annual pre- 
mium in cash upon the insurance applied for, nor until it shall have de- 
posited with the commissioner at least two hundred thousand dollars in the 
securities required by law. 

283:11 Certification of Agreement. Amend RSA 401:6 by striking out 
in lines one through four the following "The articles of agreement shall be 
submitted to the insurance commissioner, who shall examine the same. If 
it appears that the provisions of the law preliminary to the establishment of 
the corporation have been complied with," and inserting in place thereof 
the follo^ving: (The articles of agreement shall be submitted to the insvirance 
commissioner, who shall examine same. The commissioner shall not ap- 
prove the articles of agreement of a company until he is satisfied, by such 
examination as he may make and such evidence as he may require, that: 
(1) the incorporators are of good repute and intend in good faith to oper- 
ate the company; (2) the company has capable management; (3) the company 
has a reasonable prospect for success in the kind or kinds of business which 
it proposes to transact; and (4) the actuarial projections, policy forms, 
rates, dividends, commissions, and other expenses contemplated as well as 
reinsurance, market and taxes are sound and reasonable. Upon satisfying 
himself that the foregoing requirements have been met) so that said section, 
as amended, shall read as follows: 401:6 Certification of Agreement. The 
articles of agreement shall be submitted to the insurance commissioner, 
who shall examine same. The commissioner shall not approve the articles* 
of agreement of a company until he is satisfied, by such examination as he 
may make and such evidence as he may require, that: (1) the incorporators 
are of good repute and intend in good faith to operate the company; (2) 
the company has capable management; (3) the company has a reasonable 
prospect for success in the kind or kinds of business which it proposes to 
transact; and (4) the acturial projections, policy forms, rates, dividends, com- 
missions, and other expenses contemplated as well as reinsurance,, market 
and taxes are sound and reasonable. Upon satisfying himself that the fore- 
going requirements have been met, the commissioner shall so certify by an 
endorsement upon said articles of agreement, which shall thereupon be 
submitted to the attorney general or assistant attorney general for his ap- 
proval and then recorded in accordance with the provisions of chapter 294, 
RSA, provided that copies of the original documents filed with the secretary 
of state shall also be filed with the insurance commissioner. 



290 Chapter 284 [1969 

283:12 Retroactivity. Every insurance company which possesses a valid 
license to transact insurance in this state on the effective date of this act may 
continue to transact insurance so long as the commissioner shall regard it 
as safe, reliable, and entitled to confidence; and it maintains the minimum 
financial requirements in effect on May 1, 1969. Provided, however when 
such insurance companies apply for additional underwriting powers, they 
shall meet the minimum financial requirements in effect at the time such 
application is approved or denied by the insurance commissioner of this 
state. 

283:13 Effective Date. This act shall take effect upon its passage. 
[Approved June 25, 1969.] 
[Effective date June 25, 1969.] 



CHAPTER 284. 

AN ACT AUTHORIZING CERTAIN MINORS TO SERVE LIQUORS AND BEVERAGES IN 
DINING ROOMS OF HOTELS AND RESTAURANTS. 

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

284:1 Employment Authorized. Amend RSA 175:8 as amended by 
1959, 224:1 by inserting in line three after the word "beverage" the follow- 
ing (except that a person eighteen years of age or older may be employed to 
serve liquor or beverage in the dining room of a hotel licensed under the 
provisions of RSA 178:3 or a restaurant licensed under the provisions of 
RSA 178:3-a as an incident to his or her primary employment of serving 
food to patrons; and, provided further, that an adult person, approved by 
the commission, shall be in attendance in said dining room or restaurant 
during the time of such employment) so that said section as amended shall 
read as follows: 175:8 Employment of Minors. No licensee or permittee 
hereunder shall employ any minor, with or without compensation, to serve 
or otherwise handle liquor or beverage, except that a person eighteen years 
of age or older may be employed to serve liquor or beverage in the dining 
room of a hotel licensed under the provisions of RSA 178:3 or a restaurant 
licensed under the provisions of RSA 178:3-a as an incident to his or her 
primary employment of serving food to patrons; and, provided further, that 
an adult person, approved by the commission, shall be in attendance in said 
dining room or restaurant during the time of such employment. Provided, 
however, that the holder of an off-sale permit may employ minors of not less 
than eighteen years of age when beverage is sold in the original container 
and delivered in the place of business of the seller, or at the vehicle of the 
buyer parked on or adjacent to the premises of the seller, and provided fur- 
ther than an adult person shall be in attendance during the time of such 
employment. 

284:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 25, 1969.] 
[Effective date June 25, 1969.] 



1969] Chapter 285 291 

CHAPTER 285. 

AN ACT RELATIVE TO THE TERMS OF OFFICE AND MANNER OF ELECTION 
OF THE CHESHIRE COUNTY COMMISSIONERS. 

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

285:1 Election of County Commissioners. Amend RSA 64:1 (supp) as 
amended by 1955. 261:1; 317:1, 1961, 59:1; 240:1 and 1965, 245:1 by inserting 
in line four after the word "and" the following (except in Cheshire county) 
and by striking out in line eight the word "Cheshire" so that said section as 
amended shall read as follows: 64:1 Election; Term. There shall be chosen 
at each binnial election by ballot, by the inhabitants of the several towns in 
each county qualified to vote for state senators, a sheriff, a county attorney, 
a county treasurer, a register of deeds, a register of probate and, except in 
Cheshire county, three county commissioners, each of whom shall take office 
on January first next succeeding his election, and shall hold the same for 
two years and until his successor is chosen and qualified, provided, however, 
that in the counties of Grafton, Coos, Merrimack, and Hillsborough the in- 
habitants of the several towns in each of the commissioner districts, so quali- 
fied, shall choose at each election one commissioner for said district. 

285:2 Cheshire County. Amend RSA 64:l-e (supp) as inserted by 1965, 
245:2 by striking out said section and inserting in place thereof the follow- 
ing: 64:l-e Cheshire County Districts, Election of Commissioners. The 
county of Cheshire is divided into three districts, as provided in RSA 64:11, 
paragraph V, for the purpose of choosing county commissioners. At the 
biennial election in November 1970 the inhabitants of each district qualified 
to vote for state senators shall elect a commissioner from their district, pro- 
vided that the commissioner from District 1 shall be elected to a two year 
term, the commissioner from District 2 shall be elected to a two year term 
and the commissioner from District 3 shall be elected to a four year term. 
At each subsequent biennial election two commissioners shall be chosen in 
the county by the inhabitants of the districts in which a commissioner's term 
is expiring, and of the commissioners so chosen one shall serve a four year 
term and one shall serve a two year term and shall hold their offices until 
their successors are chosen and qualified. The four year term shall be ro- 
tated in sequence starting with District 1. 

285:3 Effective Date. This act shall take effect for the nomination and 
election of Cheshire county commissioners at the biennial election in 1970, 
but nothing in this act affects the term of office or the qualifications of 
county commissioners in office at the time this act takes effect. 
[Approved June 26, 1969.] 
[Effective Date November 3, 1970.] 



292 Chapter 286 [1969 

CHAPTER 286. 

AN ACT TO INCREASE THE TAX ON LEGACIES AND SUCCESSIONS. 

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

286:1 Taxable Property and Tax Rate. All property within the juris- 
diction of the state, real or personal, and any interest therein, belonging to 
domiciliaries of the state, and all real estate within the state, or any interest 
therein, belonging to persons who are not domiciliaries of the state, which 
shall pass by will, or by the laws regulating intestate succession, or by deed, 
grant, bargain, sale or gift, made in contemplation of death, or made or in- 
tended to take effect in possession or enjoyment at or after the death of the 
grantor or donor, to any person, absolutely or in trust, except to or for the 
use of the husband, or wife, or children of the decedent who were minors 
at the time of the decedent's death, 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 associa- 
tions of public charity in this state, or in any other state, territory or coun- 
try 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 exemp- 
tion similar to that hereby provided to the domiciliaries of such state, terri- 
tory or country in favor of property passing to charities in this state, shall 
be subject to a tax of fifteen per cent of its value for the use of the state. 
For the purposes of this section all adopted children in the decedent's line 
of succession shall be treated as natural children. 

286:2 To be Effective for Two Years. Section 1 of this act shall be 
effective only for a period of two years following its passage. During said 
period, the operation of RSA 86:6 shall be suspended. All other sections of 
RSA 86 shall remain in effect. 

286:3 State Paid Clerk Hire; Appropriation. There is hereby appropri- 
ated the sum of forty thousand dollars for the fiscal year ending June 30, 
1970, and a like sum for the fiscal year ending June 30, 1971. Said sums shall 
be paid to the registers of probate for clerk-hire and other expenses in- 
curred in the administration of the tax imposed by section 1. The allocation 
and distribution of the funds appropriated by this section among the regis- 
ters of probate of the several counties shall be determined by majority vote 
of said registers. The distribution formula determined by the registers of 
probate shall be approved by majority vote of the judges of probate before 
any monies are paid out of the treasury. The governor is authorized to draw 
his warrant for the sums appropriated by this section from any monies in 
the treasury not otherwise appropriated. 

286:4 Effective Date. This act shall take effect at the exact time of its 
passage. 

[Approved June 26, 1969.] 
[Effective date June 26, 1969 at 2:00 P.M.] 



1969] Chapter 287 293 

CHAPTER 287. 

AN ACT RELATIVE TO ROOMS AND MEALS TAX. 

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

287:1 Continuation of Meals and Room Tax. The tax and the other 
provisions of RSA 78-A (supp) as inserted by 1967, 213:1 and amended by 
1967, 409, are continued. 

287:2 Division and Director Created. Amend RSA 78-A:2 (supp) as 
inserted by 1967, 213:1 by striking out said section and inserting in place 
thereof the following: 

78-A:2 Administration; Rules; Questions of Law. 

I. The administration of this chapter is vested in the tax commission. 
The division of meals and room tax is created within the tax commission. 
The tax commission shall appoint a director under the personnel law. The 
director shall furnish a bond in an amount set under RSA 93. The director 
shall appoint necessary assistants under the personnel law, subject to the ap- 
proval of the commission and to the appropriations for the division. 

II. Subject to the approval of the commission, the director may pre- 
scribe rules and regulations reasonably designed to carry into effect the in- 
tent and purpose of the chapter. These rules and regulations are prima 
facie evidence of its proper interpretations. 

III. The commision may at any time, reserve, certify, and transfer to 
the supreme court for decision any question of law which arises in connec- 
tion with the administration of this chapter. 

287:3 Definition, Hotel. Amend paragraph III of RSA 78-A:3 (supp) as 
inserted by 1967, 213:1 by striking out said paragraph and inserting in place 
thereof the following: 

III. "Hotel" means an establishment which holds itself out to the public 
by offering sleeping accommodations for rent, whether or not the major 
portion of its operating receipts is derived from sleeping accommodations. 
The term includes, but is not limited to, inns, motels, tourist homes and 
cabins, ski dormitories, ski lodges, lodging homes, rooming houses, fur- 
nished room houses, boarding houses, private clubs, hostels, cottages, camps, 
chalets, barracks, dormitories, and apartments. The term does not include 
the following: 

(a) a hospital, licensed under RSA 151, or a sanitorium, convalescent 
home, nursing home, or a home for the aged; 

(b) any establishment operated by any state or United States agency or 
institution, except the New Hampshire department of resources and eco- 
nomic development; 

(c) an establishment owned by a nonprofit corporation or association 
operated exclusively for religious, charitable, or educational purposes, and 
which does not offer seleeping accommodations to the public. 

287:4 Definition; Occupancy. Amend paragraph VI of RSA 78-A:3 
(supp) as inserted by 1967, 213:1 by striking out in line seven the word 



294 Chapter 287 [1969 

"summer" and inserting in place thereof the word (seasonal) and by insert- 
ing in line seven after the word "children" the words (under the age of 
eighteen years) so that the said paragraph as amended shall read as follows: 
VI. "Occupancy" means the use or possession, or the right to the use or 
possession, of any room in a hotel for any purpose, or the right to the use 
or possession of the furnishings or to the services and accommodations ac- 
companying the use and possession of a room. The term does not include 
occupancy by a permanent resident, or by an employee of an operator when 
the occupancy is granted to the employee as pay for his employment, or any 
occupancy furnished in a seasonal camp for children under the age of 
eighteen years. 

287:5 Definition; Permanent Resident. Amend paragraph VII of RSA 
78-A:3 (supp) as inserted by 1967, 213:1 by striking out in line two the word 
"thirty" and inserting in place therof the word (ninety-five) so that the said 
paragraph as amended shall read as follows: VII. "Permanent resident" 
means any occupant who has occupied any room in a hotel for at least 
ninety-five consecutive days. 

287:6 Definitions; School. Amend paragraph IX of RSA 78-A:3 (supp) 
as inserted by 1967, 213:1 and amended by 1967, 409:1 by striking out in 
lines three, four and five the words "throughout the usual school year, and 
which keeps and furnishes to students and others the records required and 
accepted for entrance to a school of secondary, collegiate, or graduate rank," 
so that the said paragraph as amended shall read as follo^vs: IX. "School" 
means an educational institution which has a regular faculty, curriculum, 
and organized body of pupils or students in attendance. No part of the 
earnings of the institution may inure to the benefit of any individual. 

287:7 Definition; Meal, Restaurant, Taxable Meal. Amend paragraph 
X of RSA 78-A:3 (supp) as inserted by 1967, 213:1 and amended by 1967, 
409:2, 3, inclusive, by striking out the said paragraph and inserting in place 
thereof the following: 

X. The following terms have the meaning as stated: 

(a) "Meal" means any food or beverage, or both, prepared for human 
consumption and served by a restaurant, whether the food or beverage is 
served for consumption on or off the restaurant premises. The term in- 
cludes food or beverages sold on a "take out" or "to go" basis, whether or 
not they are packaged or wrapped and whether or not they are taken from 
the premises of the restaurant. Beverage includes an alcoholic beverage, 
served with or without food. 

(b) "Restaurant" means an eating establishment where food, food prod- 
ucts, or beverages including alcoholic beverages are served and for which a 
charge is made. The term includes, but is not limited to, a cafe, lunch 
counter, private or social clubs, cocktail lounges, hotel dining rooms, cater- 
ing business, tavern, diner, snack bar, dining room, food vending machine, 
and any other eating place or establishment where meals are served. The 
term includes eating establishments whether stationary or mobile, temporary 
or permanent. 

(c) "Taxable meal" means any meal for which a charge is made that is 
purchased from a person in the business of operating a restaurant, and 



1969] Chapter 287 295 

which is subject to a tax under section 6 of this chapter. The following are 
not taxable meals: 

(1) meals served or furnished on the premises of a nonprofit corpora- 
tion or association organized and operated exclusively for religious or 
charitable purpose, in furtherance of any of the purposes for which it was 
organized; with the net proceeds of the meals to be used exclusively for the 
purposes of the corporation or association; 

(2) meals served or furnished on the premises of a school to students of 
the school; 

(3) meals served or furnished on the premises of any institution of the 
state, political subdivision of the state, or of the United States, to inmates 

"and employees of the institutions; 

(4) meals served or furnished on the premises of a hospital and served 
in any hospital licensed under RSA 151, except for meals sold in any res- 
taurant which offers its accommodations to the public, or of a sanitorium, 
convalescent home, nursing home, or home for the aged. 

(5) meals furnished by any person while transporting passengers for 
hire by train, bus, or airplane if furnished on any train, bus, or airplane; 

(6) meals furnished by any person while operating a seasonal camp for 
children under the age of eighteen years, to the campers under the age of 
eighteen, and to employees, but to no others; 

(7) meals prepared and sold by nonprofit organizations. However, if the 
nonprofit organization is required to have a license issued by the liquor com- 
mission, the meals are taxable meals; 

(8) meals furnished to any employee of an operator as pay for his em- 
ployment; 

287:8 Repeal. Paragraph XI of RSA 78-A:3 (supp) as inserted by 1967, 
409:4, pertaining to definition of summer camp for children, is repealed. 

287:9 Registration of Operator. Amend RSA 78-A:4 (supp) as inserted 
by 1967, 213:1 and amended by 1967, 409:11 by striking out said section and 
inserting in place thereof the following: 78-A:4 Licenses Required. Each 
operator shall register with the division of meals and room tax the name 
and address of each place of business within the state where he operates a 
hotel or sells taxable meals. The operator shall i^ay one dollar for each 
registration, upon receipt of which the director shall issue a license for each 
place in such form as he determines, attesting that the registration has been 
made. The license expires on the thirtieth day of June in each odd num- 
bered year unless sooner revoked or suspended by the director or the com- 
mission. Failure to register and obtain a license as herein provided shall 
constitute a misdemeanor punishable by a fine not exceeding one hundred 
dollars. The license shall be conspicuously posted in a public area upon the 
premises to which it relates. 

287:10 Revocation of License by Director. Amend paragraph I of RSA 
78-A:5 (supp) as inserted by 1967, 213:1 by striking out in line one the word 
"commission" and inserting in its place the word (director); by striking out 
in line two the word "registration" and inserting in its place the word (li- 



296 Chapter 287 [1969 

cense) by striking out in line four the words "of the commission promul- 
gated" and inserting in their place the word (prescribed) so that the said 
paragraph as amended shall read as follows: I. The director may, after notice 
and hearing, suspend or revoke the license of any operator or may refuse to 
isssue or renew any license for failure to comply with the provisions of this 
chapter or with the rules and regulations prescribed under this chapter. 

287:11 Appeal from Director's Ruling. Amend paragraph II of RSA 
78-A:5 (supp) as inserted by 1967, 213:1 by inserting in line one after the 
word "refusal" the words (of the director), by striking out in line two the 
words "of the commission to the superior court" and inserting in their place 
the words (to the commission), and by striking out in line four the words 
"The court shall hear such appeal forthwith" so that the said paragraph as 
amended shall read as follows: II. Any operator aggrieved by a suspension, 
revocation, or refusal of the director may appeal from the ruling to the 
commission within ten days after written notice of the suspension, revoca- 
tion, or refusal has been mailed or delivered to him. 

287:12 Appeal From Ruling of Commission; Bond. Amend paragraph 
III of RSA 78-A:5 (supp) as inserted by 1967, 213:1 by striking out the said 
paragraph and inserting in place thereof the following: III. Any operator ag- 
grieved by a suspension, revocation, or refusal of the commission may appeal 
from the ruling to the superior court within ten days after receiving written 
notice of the ruling in the manner prescribed in section 15 of this chapter. 
The court shall hear the appeal forthwith. If the appealing operator files a 
bond running to the state in an amount fixed by the court, with a surety 
company authorized to do business in the state as surety, conditioned upon 
the payment of taxes due and to become due during the pending of the 
appeal, then the suspension or revocation appealed from is inoperative. 

287:13 License During Appeal. Amend paragraph IV of RSA 78-A:5 
(supp) as inserted by 1967, 213:1 by striking out in lines two and three the 
word "registration" wherever it appears and inserting in place thereof the 
word (license) so that the said section as amended shall read: IV. If an oper- 
ator appeals from the refusal of the commission to issue or renew a license, 
the commission shall issue or renew the license during the pendency of the 
appeal if the appeal bond is given. 

287:14 New Tax Schedule. Amend paragraph II of RSA 78-A:6 (supp) 
as inserted by 1967, 213:1 by striking out the said paragraph and inserting in 
place thereof the following: 

II. A tax is imposed on taxable meals based upon the charge therefor as 
follows: 

(a) one cent for a charge between sixteen and twenty-five cents inclu- 
sive; 

(b) two cents for a charge between twenty-six and forty-five cents inclu- 
sive; 

(c) three cents for a charge between forty-six and sixty-five cents inclu- 
sive; 

(d) four cents for a charge between sixty-six and eighty-five cents inclu- 
sive; 



1969] Chapter 287 297 

(e) five cents for a charge between eighty-six cents and one dollar and 
five cents, inclusive; 

(f) six cents for a charge between one dollar and six cents and one 
dollar and twenty-five cents inclusive; 

(g) one cent more for each additional twenty cent increment over one 
dollar and twenty-five cents. 

287:15 Collection of Taxes. Amend RSA 78-A:7 (supp) as inserted by 
1967, 213:1 by striking out said section and inserting in place thereof the 
following: 

78-A:7 Collection of Tax; Abatement. 

I. The operator shall either state the amount of the tax to each occu- 
pant or purchaser of a meal, or state that the tax is included in the price of 
the occupancy or meal. The operator shall demand and collect the tax from 
the occupant or purchaser. The occupant or purchaser shall pay the tax 
to the operator. If the tax is included in the price of the meal or occupancy, 
upon request the operator shall state to the purchaser or occupant the 
amount of the tax. 

II. Each operator shall keep books and records in a form acceptable to 
the director showing the amount of all taxes collected. The operator shall 
pay the taxes over to the state as provided in this section. If the director be- 
lieves that special action is necessary because payment of taxes collected may 
be in jeopardy, he may direct an operator to keep all taxes collected sep- 
arate from any other funds. The director may require that the taxes be 
periodically deposited in a bank designated by the director, in an account in 
the name of the commission. The director may withdra^v these tax collec- 
tions from the bank accovmt and apply them to the payment of the taxes due 
from the operator. When an operator commingles tax money with money 
belonging to him, the claim of the state for the tax is traceable, is enforce- 
able against all other claims and takes precedence over all other claims 
against the commingled funds. No taxes collected by an operator under this 
chapter may be sent outside the state without the written consent of the 
director. 

III. To compensate operators for keeping the prescribed records and 
the proper account and remitting of taxes by them, they are allowed to re- 
tain a percentage of the taxes due and to be remitted on account of the taxes 
due as follows: 

(a) Three percent of the amount remitted, but not exceeding the 
amount of tax found to be due, if remitted before the eleventh day of the 
month in which they are due. 

(b) Two percent of the amount remitted, but not exceeding the amount 
of tax found to be due, if remitted between the eleventh and the twentieth 
day, inclusive, of the month in which they are due. 

(c) One percent of the amount remitted, but not exceeding the amount 
of tax found to be due, if remitted between the twenty-first day and the last 
day, inclusive, of the month in which they are due. In no case shall the di- 
rector allow as a credit any percentage that is based on an amount more 
than the amount of tax found to be due. The amount to be retained is 
allowed in the form of a deduction in submitting the report of the operator 



298 Chapter 287 [1969 

and the payment on account of the amount due from him. The amounts 
shall not be granted with respect to any taxes not paid on or before the last 
day of the month in which they are due, nor unless the operator has com- 
plied with all pertinent rules and regulations prescribed by the director 
and with all other requirements of this chapter. 

IV. In lieu of keeping detailed records of taxes collected, and in lieu 
of payment of the taxes collected under this chapter, an operator may, in 
waiting, elect to compute the amount of taxes due at five percent of the total 
taxable rent or charges for meals received by him, or both, exclusive of the 
taxes collected on such rents and charges. If this election is made, the opera- 
tor may not change the method of computing taxes without the written con- 
sent of the director. Any balance of the tax remaining in the possession of 
the operator may be retained by him as further compensation for the keep- 
ing of the prescribed records and the proper account, and for the remitting 
of the tax by him. This balance is in addition to the percentage authorized 
to be retained by the operator under paragraph III of this section. 

V. For good cause shown, the director, with the approval of the com- 
mission may abate any tax or portion thereof due from an operator. 

VI. For the purposes of this chapter, every agent, person acting under a 
power of attorney, or other person actingfi for an owner of real estate who 
rents or leases the owner's real estate and collects rent subject to the tax im- 
posed by this chapter is deemed to be an operator as defined in section 3 of 
this chapter. 

287:16 Questions on Town Real Estate Inventory. Amend RSA 74:4" 
(supp) as amended by 1961, 270:4 and 1969, 55:2 by striking out said section 
and inserting in place thereof the following: 

74:4 Inventory Blanks. The inventory blanks shall be so arranged and 
formulated as to require: 

I. Under penalty of perjury, from the person or corporation to be 
taxed, in answer to interrogatories therein stated; 

(a) a statement from each person who is claiming a property tax ex- 
emption under RSA 72:28, 29-a, 30, 31, 32, 35, 36-a or 37 that he is applying 
for said exemption and is entitled thereto, 

(b) a description of all real estate taxable to the person or corporation, 

(c) a statement of the gross amount or quantity of each class of personal 
property for which he or it is taxable, except boats which are not stock in 
trade, 

(d) such other information as will enable the selectmen or assessors to 
assess all the taxable property of such person or corporation and at its true 
value, and 

(e) a list of the shares in railroad corporations of this state owned by 
such person or corporation. 

II. The owner's estimate: 

(a) of the value of his stock in trade, but not of his other property, 

(b) of the amount and kind of merchantable wood and timber owned 
by him and standing on the land of another. 



1969] Chapter 287 299 

III. The owner's statement as to whether any real estate owned by him 
which provided sleeping accommodations had been rented or leased to an- 
other person for a period of less than ninety-five days during the twelve 
month period preceding April 1 of that year. 

287:17 Special Filing of Returns, Optional Dates; Extension. Amend 
RSA 78-A:9 (supp) as inserted by 1967, 213:1 by striking out the said section 
and inserting in place thereof the following: 

78-A:9 Returns; Special, Optional, and Extensions. 

I. If the director believes special action is necessary when the collection 
of the tax may be in jeopardy, he may require an operator to file returns 
and pay taxes under this chapter at any time and from time to time. 

II. Upon written request and for good cause shown: 

(a) The director may authorize an operator whose books and records 
are not kept on a calendar year basis to file returns at times other than 
those specified in section 8 of this chapter. 

(b) The director may authorize seasonal hotels and seasonal restavirants 
to make less than four returns during a calendar year. 

(c) The director may extend the time for making any return required 
by this chapter. 

287:18 Refunds. Amend RSA 78-A:10 (supp) as inserted by 1967, 213:1 
by striking out said section and inserting in place thereof the following: 
78-A:10 Overpayment; Refunds. If the director determines that, through 
error, an operator has made an overpayment of taxes or interest or a penalty, 
the director with the approval of the commission shall credit the amount of 
the overpayment on any tax imposed by this chapter that is then due or to 
become due from the operator. Upon request, the director, with the ap- 
proval of the commission, shall order any overpayment to be refunded to 
the operator, or to his successors, administrators, executors, or assigns. No 
refund or credit of an overpayment is allowed after two years from the date 
the return was due. If the overpayment is less than one dollar, no refund is 
payable unless the operator requests it in writing. 

287:19 Failure to Make Return. Amend paragraph I of RSA 78-A:lI 
(supp) as inserted by 1967, 213:1 by striking out in line two the word "com- 
mission" and inserting in its place the word (director), by striking out in 
line three the word "it" and inserting in place thereof the word (he) and by 
striking out in line four the word "it" and inserting in place thereof the 
word (him) so that the said paragraph as amended shall read as follows: I. 
If any operator fails to make a return as required by this chapter, the direc- 
tor may make an estimate of the tax liability of the operator from any in- 
formation he may obtain, and according to such estimate so made by him, 
may assess the taxes, interest, and penalty due the state from the operator, 
may give notice of the assessment to the operator, and may make demand 
upon him for payment. 

287:20 Deficiency of Payment. Amend paragraph II of RSA 78-A:lI 
(supp) as inserted by 1967, 213:1 by striking out in lines one and two the 
word "commission" and inserting in its place the word (director), by striking 
out in lines three and five the word "it" wherever the word appears and in- 



300 Chapter 287 [1969 

serting in place thereof the word (he); and by striking out in line three the 
word "determined" and inserting in its place the word (determines) so that 
said paragraph as amended shall read as follows: II. After a return is filed 
under the provisions of this chapter, the director shall cause the return to 
be examined, and may make such further audits or investigation as he con- 
siders necessary. If he determines that there is a deficiency with respect to 
the payment of any tax due under this chapter, he shall assess the taxes and 
interest due the state, shall give notice of the assessment to the person liable, 
and shall make demand upon him for payment. No assessment under this 
section may be made after two years from the date the return was due, unless 
the return was fraudulent. 

287:21 Demand for Immediate Payment of Tax. Amend paragraph III 
of RSA 78-A:ll (supp) as inserted by 1967, 213:1 by striking out in lines one, 
six, nine and twelve the word "commission" and inserting in its place the 
word (director) so that the said paragraph as amended shall read as follows: 
III. If the director finds that an operator liable for a tax designs to leave the 
state, or to remove his property from the state, or to conceal himself or his 
property, or to discontinue business, or to do any other act tending to preju- 
dice or to render wholly or partially ineffective proceedings to collect the 
tax, unless proceedings be brought without delay, the director shall cause 
notice of the finding to be given the operator, together with a demand for 
an immediate tax return and immediate payment of the tax. If the tax re- 
turn and payment are not made when demanded, the director may make an 
estimate of the tax liability of the person from any information he may ob- 
tain and, according to such estimate may assess the taxes due the state from 
the person. The director shall give notice of the assessment to the operator 
and shall make a demand for payment of the tax. The assessment is pre- 
sumed to be correct, the burden showing otherwise being on the operator. 
At the time the demand for payment is made, the tax becomes due and pay- 
able. The attorney general may at the same time, without delay, bring suit 
for the collection of the tax. 

287:22 Reconsideration of Director's Ruling. Amend RSA 78-A:12 
(supp) as inserted by 1967, 213:1 by striking out in lines two and four the 
word "commission" and inserting in its place the word (director), by insert- 
ing in line five after the word "petition" the words (the commission); by 
striking out in lines seven, nine and ten the words "within fifteen days"; by 
striking out in line eight the words "at the expiration of fifteen days"; and 
by striking out in line thirteen the word "a" and inserting in its place the 
word (good) so that the said section as amended shall read as follows: 
78-A:12 Petition for Reconsideration. Any operator against whom an assess- 
ment has been made by the director under the provisions of section 1 1 of 
this chapter, and any person aggrieved by the refusal of the director to make 
a refund requested under section 10 of this chapter, may petition the com- 
mission for a reconsideration within fifteen days after notice has been given 
the person as provided in this chapter. If a petition for reconsideration is 
not filed, the amount of the assessment or the refusal to refund becomes 
final as to law and fact. If a petition for a reconsideration is filed, the com- 
mission shall reconsider the assessment or the refusal, and if the petitioner 
so requested in his petition, shall grant the petitioner an oral hearing and 



1969] Chapter 287 301 

shall give the petitioner ten clays' notice of the time and place of the hear- 
ing. For good cause shown the commission may extend the time for filing 
the petition. If appeal is not taken as provided in section 13 of this chapter, 
the assessment or the refusal to refund upon reconsideration becomes final 
as to law and fact at the expiration of the thirty day period therein allowed 
for the taking of appeals. 

287:23 Appeals; County of Filing. Amend paragraph I of RSA 78-A:13 
(supp) as inserted by 1967, 213:1 by striking out in line two the word "a" 
and by striking out in lines five and six the words "subject to this chapter" 
so that the said paragraph as amended shall read as follows: I. Any person 
aggrieved by a decision of the commission upon a petition for reconsidera- 
tion provided for in section 12 of this chapter may, within thirty days after 
a denial by the commission of the relief asked for, file a petition to review 
the decision of the commission in the superior court of any county in which 
the person has a place of business. 

287:24 Appeals; Bond; Remedy. Amend paragraph III of RSA 78-A:13 
(supp) by striking out in line tw'o the word "effect" and inserting in its place 
the word (completion); by inserting in line three after the word "premises" 
the words (The court may also require the appellant to provide a bond 
running to the state with surety in a sum fixed by the court, conditioned 
upon the payment of taxes found to be due and to become due during the 
pendency of the appeal) and by inserting in line five between the words "be" 
and "equitable" the words (just and) and by striking out in line six the word 
"taxpayer" and inserting in place thereof the word (person) so that the said 
paragraph as amended shall read as follows: III. The court shall take from 
the appellant a bond or recognizance to the state, with surety, to prosecute 
the appeal to completion and to comply with the orders and decrees of a 
court in the premises. The court may also require the appellant to provide 
a bond running to the state with surety in a sum fixed by the court, condi- 
tioned upon the payment of taxes found to be due and to become due dur- 
ing the pendency of the appeal. Such appeals shall be preferred cases for 
hearing on the docket of the court. The court may grant such relief as may 
be just and equitable, and may order the state treasurer to pay to the ag- 
grieved person the amount of the relief granted with interest at the rate of 
six per cent per year. Upon all appeals which are denied costs may be taxed 
against the appellant at the discretion of the court, but the court may not 
tax costs against the state. 

287:25 Notices; Method of Serving. Amend RSA 78-A:15 (supp) as in- 
serted by 1967, 213:1 by striking out the said section and inserting in place 
thereof the following: 

78-A:15 Notices. 

I. Unless otherwise provided, any notice required to ge given under 
this chapter is sufficient if a written copy of the notice is served on the per- 
son to be notified at least ten days, or mailed to the person at least twelve 
days before the hearing or event of which notice is given. 

II. Any notice required to be given by the director or the commission 
under this chapter may be served personally by any person or by sending the 
notice by registered or certified mail to the person for whom it is intended, 



302 Chapter 288 [1969 

addressed to the person at the address given in the last report filed by him 
under this chapter. If no report has been filed, it is sufficient to send the 
notice to the address of his last known abode, or if other than an individual, 
to the address of the last known business address. 

287:26 Interest Rate on Late Taxes. Amend RSA 78-A:16 (supp) as 
inserted by 1967, 213:1 by strikng out in line three the words "one-half of" 
so that said section as amended shall read as follows: 78-A:16 Interest. Any 
person who fails to pay any tax imposed by this chapter on or before the 
date when the tax is required to be paid shall pay interest on the tax at the 
rate of one per cent each month or fraction of a month if the tax remains 
unpaid, to be calculated from the date the tax was required to be paid. All 
interest is payable to and recoverable by the commission in the same manner 
as is the tax imposed by this chapter. For a reasonable cause the commission 
may abate all or any part of the interest. 

287:27 Penalties. Amend RSA 78-A:18 (supp) as inserted by 1967, 213:1 
by inserting after paragraph II the following new paragraph: III. Any occu- 
pant or purchaser who wilfully fails, neglects, or refuses to pay any tax as- 
sessed against him by this chapter is guilty of a misdemeanor and may be 
fined not more than fifty dollars. 

287:28 Right to Privacy. Amend RSA 78-A:22 (supp) as inserted by 
1967, 213:1 by inserting after paragraph IV a new paragraph as follows: V. 
The provisions of RSA 91-A governing access to public records do not apply 
to any hearing or proceeding before the director or the commission under 
this chapter. 

287:29 Effective Dates. 

I. The provisions of RSA 78-A:3 as inserted by sections 3, 4, 5, 6, 7, 
and 8 of this act shall take effect July 1, 1969. 

II. Sections 14, 15, and 28 of this act shall take effect July 1, 1969. 

III. Except as stated in paragraphs I and II of this section, this act shall 
take effect upon its passage. 

[Approved June 26, 1969.] 
[Effective date 

s. I. The provisions of RSA 78-A:3 as inserted by sections 3, 4, 5, 6, 7, 
and 8 of this act shall take effect July 1, 1969. 

II. Sections 14, 15, and 28 of this act shall take effect July 1, 1969. 

III. Except as stated in paragraphs I and II of this section, this act 
shall take effect upon its passage.] 



CHAPTER 288. 

AN ACT MAKING PERMISSIBLE THE GROUP MARKETING OF MOTOR VEHICLE 

INSURANCE. 

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



1969] Chapter 288 303 

288:1 New Chapter. Amend RSA by inserting after chapter 407-A as 
inserted by 1959, 228:1 the following new chapter: 

Chapter 407-B 
Group Marketing of Motor Vehicle Insurance 

407-B: 1 Purpose. The purpose of this chapter is to permit the writing 
of motor vehicle insurance in this state on a group merchandising basis sub- 
ject to the conditions stated herein, to avoid the application of any statute 
forbidding discrimination between insureds as to the type of business de- 
fined herein and to set forth the terms and conditions under which insur- 
ance on a group merchandising basis may be written. 

407-B:2 Definitions. The following words, as used in this chapter, un- 
less the context otherwise requires or a different meaning is specifically 
prescribed, shall have the following meanings: 

I. Group Motor Vehicle Insurance Defined. All motor vehicle insurance 
which is offered by a licensed insurer in this state on a group merchandising 
plan to an eligible group as herein defined shall be deemed group motor 
vehicle insurance. 

II. Group Merchandising Defined. The marketing of group motor 
vehicle insurance by a licensed insurer otherwise engaged in insuring inde- 
pendent individual risks, to an eligible group on a guaranteed basis under 
a single insurance program, without individual underwriting selection or 
individual proof of insurability, shall be deemed group merchandising. This 
method of marketing insurance is generally referred to as "mass merchan- 
dising," "franchise merchandising," or "collective merchandising;" but for 
purposes of this section shall hereinafter be only referred to as "group mer- 
chandising" or the "group plan" as here in defined. 

III. Eligible Group Defined. Any group to be eligible for group mer- 
chandising shall have been in existence for more than five years prior to the 
purchase of such insurance, and shall not have been organized solely for the 
purpose of purchasing insurance. Such group shall have a high degree of 
homogeneity and may include members of unincorporated and corporated 
associations, labor unions, employees of a common employer and similar 
principal agent relationships. No group will be eligible unless it consists of 
five hundred or more members with at least seventy-five per cent participa- 
tion in the group plan. Where the group has national or other affiliates, 
only the members located in the state of New Hampshire shall be considered 
in determining the number and percentage of individuals necessary for es- 
tablishing group eligibility. 

IV. Eligible Members Defined. Eligible members shall include all mem- 
bers in good standing in the group provided employees shall be engaged in 
at least twenty-four hours employment per week, except as otherwise pro- 
vided in section 4. Officers and directors of an eligible group and individual 
proprietors and partners shall be eligible for a group plan and as such may 
be considered as employees. 

407-B:3 General Conditions. Group motor vehicle insurance may be 
isssued in this state provided the following conditions are complied with: 



304 Chapter 288 [1969 

I. Mandatory participation in the group plan shall not be required as 
a condition of employment, nor shall any member not participating in the 
plan be coerced or discriminated against. 

II. The insurer and the group insured must accept all members or em- 
polyees who are eligible and wish to participate in the plan. 

III. Such a group plan shall include a provision that any member of 
the group shall have the right to convert his group policy to an individual 
standard policy of insurance in the same company as offered by the insurer 
to the non-group insureds upon termination of his connection with the 
group extending to him the same limits of coverage. 

IV. To qualify to write the group insurance herein defined, an insurer 
must also be engaged in the business of writing the type of coverage offered 
for insureds other than group and may not be organized solely for the pur- 
pose of furnishing coverage to such groups. 

V. Each member of the group must be issued the same form of policy 
as approved for issue in this state varying only as to the amounts of insur- 
ance and limits of liability. 

VI. Insurance must be provided by individual policies to each member 
of the group under an arrangement whereby the premiums on such policies 
shall be paid to the insurer periodically by the group with or without pay- 
roll deductions. 

VII. An insurer may not cancel the insurance of an individual member 
of the group except for the non-payment of premium by such member or 
unless the insurance for the entire group is cancelled. In such cases notice of 
cancellation as provided in like non-group policies shall be given to each 
member. 

VIII. The plan shall provide that only those motor vehicles owned by 
members of the group or their spouses or children, jointly or severally, shall 
be eligible for coverage. 

IX. All individuals considered "Eligible Members" as defined herein 
shall be provided with this motor vehicle group insurance plan if they wish 
it, provided one family member holds a valid license to operate a motor 
vehicle. 

407-B:4 Maintenance of Records. Every insurer writing insurance un- 
der this group merchandising plan shall keep and maintain separate ex- 
perience data on this type of business including complete records of pre- 
mium income, losses and expense so that the experience of each group may 
be fairly ascertained. 

407-B:5 Rates. Rates for this type of business shall be adequate but not 
excessive or unfairly discriminatory and shall be filed and approved by the 
insurance commissioner before they may be used under such rules and regu- 
lations as he may adopt. The provisions of RSA 412:14-18 inclusive and 
RSA 414 shall apply insofar as consistent with the provisions of this chapter. 

407-B:6 Experience Rating. No experience rating shall be applied to 
an individual group until after three years of operation and at that time 
shall be based on the experience of the preceding three calendar years. 



1969] Chapter 289 305 

Thereafter, any experience rating shall be made annually using the last 
three calendar years. In case of merger of two or more companies, the three- 
year minimum will apply to the oldest company in the newly-formed entity, 
not the new entity formed by the merger itself. 

407-B:7 Other Group Plans. The provisions of this chapter shall not 
apply to any plans of group life insurance or group accident and sickness 
insurance but any existing plan of group motor vehicle insurance now in 
effect shall conform to the provisions of this chapter. 

288:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 26, 1969.] 
[Effective date August 25, 1969.] 



CHAPTER 289. 

AN ACT INCREASING FEES FOR FOREIGN AND DOMESTIC CORPORATIONS AND 
FOR REGISTRATION OF TRADE NAMES. 

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

289:1 Filing Fee Increased. Amend RSA 294:108 as amended by 1955, 
171:1 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 fol- 
lows: 294:108 Filing Fee. Every corporation shall pay to the secretary of 
state, with such annual return, a filing fee of thirty dollars. 

289:2 Recording Fees. Amend RSA 294:1 13 (supp) as amended by 1955, 
171:3 and 1967, 130:1 by striking out the same and inserting in place thereof 
the following: 

294:113 Fee for Record of Organization. The fee for recording the 
record of organization required by section 15, including the issuing by the 
secretary of state of the certification of incorporation shall be: 

I. When the authorized capital stock does not exceed fifteen thousand 
dollars, sixty dollars. 

II. When the authorized capital stock exceeds fifteen thousand dollars 
but does not exceed fifty thousand dollars, one hundred dollars. 

III. When the authorized capital stock exceeds fifty thousand dollars 
but does not exceed one hundred fifty thousand dollars, three hundred dol- 
lars. 

IV. When the authorized capital stock exceeds one hundred fifty 
thousand dollars but does not exceed two hundred fifty thousand dollars, 
four hundred dollars. 

V. When the authorized capital stock exceeds two hundred fifty thou- 
sand dollars but does not exceed five hundred thousand dollars, eight hun- 
dred dollars. 



306 Chapter 289 [1969 

VI. When the authorized capital stock exceeds five hundred thousand 
dollars but does not exceed one million dollars, fifteen hundred dollars. 

VII. For each additional one hundred thousand dollars above one mil- 
lion dollars, one hundred dollars. 

289:3 Amend Fee Increased. Amend RSA 294:114 as amended by 1955, 
171:4 by striking out in line six the word "fifteen" and inserting in place 
thereof the word (thirty) so that said section as amended shall read as fol- 
lows: 294:114 For Record of Amendments. The fee for recording any 
record of amendment required by section 12 or section 46 which embodies 
an increase in the authorized capital stock, shall be such sum as, when 
added to the fees paid at the time of the original authorization and prior 
increase, if any, will make the total fees accord with the foregoing schedule; 
provided however, that the minimum fee shall be thirty dollars. 

289:4 Annual Fee. Amend 294:117 as amended by 1955, 171:6 by 
striking out the same and inserting in place thereof the following: 294:117 
Annual Fee. For the privilege of continuing its corporate franchise, every 
such corporation shall pay annually to the secretary of state, at the time 
of making its annual return, a fee equal to one half the amount paid upon 
filing its original record of organization plus one half of additional pay- 
ments for increases in its authorized capital stock, if any; in case the au- 
thorized capital stock is reduced, the annual return fee shall be one half 
the amount required for the original fee of a corporation capitalized at the 
amount as reduced. In no case, however, shall such annual fee be more 
than one thousand dollars or less than thirty dollars and it shall not be re- 
quired of any such corporation which on March first of any year shall not 
have been incorporated more than six months. 

289:5 Foreign Corporations. Amend the unlettered introductory para- 
graph of RSA 300:3 as amended by 1955, 171:9 and 1965, 204:1 by striking 
out in line seven the words "fifty dollars and shall pay an annual main- 
tenance fee of thirty-five" and inserting in place thereof the following (one 
hundred dollars and shall pay an annual maintenance fee of seventy) and 
by inserting in line ten after the word "thereafter" the following (provided, 
that a foreign corporation that has received its certificate of authority pur- 
suant to the provisions of RSA 300:4 at any time between December first 
of the preceding year and April first, shall not be required to pay said main- 
tenance fee during that year) so that said unlettered introductory para- 
graph shall read as follows: 

Every foreign corporation (except foreign insurance companies, to 
whom this chapter shall not apply, and except holders of certificates of ap- 
proval 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 one hundred dollars and shall 
pay an annual maintenance fee of seventy dollars payable 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, provided, that a foreign 
corporation that has received its certificate of authority pursuant to the 
provisions of RSA 300:4 at any time between December first of the preced- 



1969] Chapter 290 307 

ing year and April first, shall not be required to pay said maintenance fee 
during that year, and continuously maintain in this state. 

289:6 Maintenance Fee. Amend RSA 300:5-a as inserted by 1965, 204:2 
by striking out in line four the word "fifteen" and inserting in place thereof 
the word (thirty) and by striking out in line five the word "thirty-five" and 
inserting in place thereof the word (seventy) so that said section as amended 
shall read as follows: 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 thirty dollars. This fee shall be in addition to the annual 
maintenance fee of seventy dollars required by section 3 of this chapter. 

289:7 Trade Names. Amend RSA 349:7 as amended by 1955, 59:2; 
284:1 by striking out in line three and in line eight the word "ten" and 
inserting in place thereof the word (twenty) so that said section as amended 
shall read as follows: 349:7 Record; Fees. There shall be paid to the secre- 
tary of state for filing of registration and issuance of certificate of registra- 
tion a fee of twenty dollars. Upon payment of said fee the secretary of state 
shall deliver to the person filing and registering such trade name a certifi- 
cate of registration under his signature and state seal showing the name 
and address of the person or persons claiming ownership of the trade name, 
the nature of the business thereby reserved and described and a receipt for 
the payment of said fee. The fee for renewal of any registration shall be 
twenty dollars. The fee for notice of discontinuance or withdrawal shall be 
two dollars. The secretary shall keep a suitable file or record of all such 
certificates. He shall prepare blanks for such certificates, and shall, upon 
request, furnish such blanks to persons, partnerships, or associations. 

289:8 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 26, 1969.] 
[Effective date August 25, 1969.] 



CHAPTER 290. 

AN ACT TO IMPROVE MANAGEMENT-EMPLOYEE RELATIONS IN STATE EMPLOYMENT. 

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

290:1 Management-Employee Relations. Amend RSA by inserting after 
RSA 98-B (supp) the following new chapter: 

Chapter 98-C 
Management-Employee Relations in State Employment 

98-C:l Definitions. As used in this chapter the following words shall 
have the following meanings unless the context clearly requires otherwise: 

I. "Employee" or "employees" shall mean classified employees of the 
state, and non-academic employees (exclusive of department heads and 



308 Chapter 290 [1969 

executive officers) of the University of New Hampshire including Keene 
State College and Plymouth State College as defined by the board of trustees 
of the university in accordance with 1963, 303:11, II. 

II. "Employee organization" shall mean any lawful association, fed- 
eration, council or other labor organization of employees, having as a pri- 
mary purpose the improvement of working conditions among employees. 
This term shall not include any organization (1) which advocates the un- 
lawful overthrow of the constitutional form of government in the United 
States or this state, or (2) which discriminates with regard to terms or con- 
ditions of membership because of race, color, creed or national origin, or 
(3) which does not maintain democratic procedures and practices regarding 
election of officers, individual participation in organization affairs, fair and 
equal treatment under its by-laws including due process in disciplinary pro- 
ceedings, or (4) which does not maintain fiscal integrity in the conduct of 
the affairs of the organization including accounting controls and regular 
financial reports to members. 

III. "Commission" shall mean the commission, hereby established, con- 
sisting of three persons, namely, the chairman of the state personnel com- 
mission (or some other member of such commission when designated by the 
chairman), the commissioner of labor (or his deputy when designated by 
him), and the secretary of state (or his deputy when designated by him). 
The commission shall choose its own chairman and secretary. 

IV. "Director" shall mean the director of personnel or his deputy as 
provided in RSA 98. 

V. "Unit" shall mean all employees, or, in the alternative, groups of 
employees classified according to department, groups of departments, insti- 
tution, or groups of institutions, as the commission shall determine, upon 
petition, to be appropriate in order to assure to employees the fullest free- 
dom in exercising their rights hereunder and also to provide for efficient 
and harmonious administration of management-employee relations. No 
unit may contain less than ten employees; provided however, that with 
respect to the University of New Hampshire, Keene State College, Plymouth 
State College and the Merrimack Valley Branch, a unit for purposes of rep- 
resentation and collective bargaining shall not be less than entire campus 
of any one division of the system. 

VI. "Appointing authority" shall mean the officer, board, commission, 
person or group of persons having the power to make appointments, promo- 
tions, discharges or demotions of employees or to take disciplinary action 
against them. 

VII. "Chief executive officer of unit" shall mean (1) the governor with 
the consent of the council, if the unit includes all employees or two or more 
departments or institutions, (2) the department head if the unit is a single 
department or institution, (3) the president of the University of New Hamp- 
shire if the unit includes non-academic employees of the University of New 
Hampshire including Keene State College and Plymouth State College. 

98-C:2 Employee Rights. Employees shall have, and shall be protected 
in the exercise of, the right, freely and without fear of penalty or reprisal, 
to form, join and assist any employee organization, or to refrain from any 



1969] Chapter 290 309 

such activity. Except as hereinafter expressly provided, the freedom of such 
employees to assist any employee organization shall be recognized as extend- 
ing to participation in the management of such employee organization and 
acting for such organization as its representative, including, without lim- 
itation, presentation of its views to the governor, the governor and council, 
the legislature, the commission or the director. The head of each depart- 
ment or agency and the appointing authority shall take such action, con- 
sistent with law, as may be required to assure that no interference, restraint, 
coercion or discrimination is practiced within such department or agency 
to discourage or encourage membership in any employee organization or 
to discourage or hinder the free exercise of the rights of employees here- 
under. Provided that the rights described in this section do not extend to 
participation in the management of an employee organization or acting as 
its representative where such participation or activity would result in a 
conflict of interest or otherwise be incompatible with law or with the official 
duties of an employee. 

98-C:3 Representation and Elections. 

I. An employee organization designated or selected by the majority 
of the employees in the unit shall be the exclusive representative of all the 
employees in such unit for the purpose of this chapter, shall be entitled 
to recognition by all departments, agencies and appointing authorities as 
such exclusive representative; shall be entitled to confer upon and to ad- 
just employee grievances, and to act for and to negotiate agreements cov- 
ering all employees in the unit, and shall be responsible for representing 
the interest of all such employees without discrimination and without re- 
gard to employee membership in the organization. 

II. Recognition of an employee organization as such exclusive repre- 
sentative shall not — 

(a) If he so elects, preclude any employee, regardless of membership 
or non-membership in such organization, from bringing matters of personal 
concern to the attention of appropriate officials in accordance with applic- 
able law, regulations or established policy, or from acting in his own behalf 
or choosing his own attorney or agent in a grievance or appellate action; or 

(b) Preclude any employee who is not a member of such organization 
from having and enjoying, without discrimination, all employment rights 
and benefits available to members thereof. 

III. If an employee organization claims the right to act as exclusive 
representative for any employees, it may file a petition with the commission 
setting forth its claims and describing the unit for which it claims the right 
of exclusive representation. No such petition may be considered unless it 
is supported by the signatures of at least twenty-five percent of the em- 
ployees in the claimed unit or one hundred employees, whichever is less. 
The commission shall investigate such petition and may, upon due notice, 
conduct a hearing on the appropriateness of the unit. If the commission 
finds that the unit claimed or some other unit or units are appropriate and 
that a question of representation of such unit or units exists, it shall direct 
an election by secret ballot in such unit or units and shall certify the results 
thereof to the governor and the employee organization. The conduct of such 
elections shall be under the supervision of the director and shall be in ac- 



310 Chapter 290 [1969 

cordance with regulations issued by the commission. The petitioners shall 
have the right to be heard on the question of election procedure. The di- 
rector shall determine all questions of eligibility to vote, subject to the right 
of appeal to the commission. Upon the filing of a petition with the com- 
mission signed by twenty-five percent or more of the employees in the unit 
alleging that they desire to revoke a prior selection of an employee organ- 
ization as exclusive representative, the commission shall likewise direct an 
election by secret ballot and shall certify the results thereof. No election 
shall be directed in any unit within which, in the preceding two-year period, 
a valid election shall have been held. 

IV. An employee organization shall be entitled to have payroll deduc- 
tions of membership dues upon presentation of dues deduction authoriza- 
tion cards signed by individual employees. 

V. The names of employees signing petitions for elections or decertifi- 
cation shall be exempt from disclosure under RSA 91 -A. 

98-C:4 Agreements. 

I. The chief executive officer of a unit is empowered to negotiate and 
enter into a written agreement for a term not exceeding five years with a 
certified and recognized employee organization as to the conditions of em- 
ployment of employees in the unit, which may, without being limited there- 
to, include provisions — 

(a) Establishing lawful procedures and steps for adjustment of griev- 
ances and disputes relating to conditions of employment, provided that the 
settlement thereof is not incompatible with law. 

(b) Establishing lawful procedures and steps for conferring upon and 
considering recommendations for improvements in personnel policies and 
changes in classifications and allocations. 

(c) Establishing lawful procedures and steps for arbitration of griev- 
ances and disputes relating to conditions of employment, which cannot be 
adjusted by agreement; the decision of the arbitrator or arbitrators to be 
final and binding on the parties unless it is incompatible with existing law 
or regulation or requires an appropriation of additional funds, in which 
case it shall be only advisory in nature. 

(d) Establishing lawful procedures and steps for mediation or fact- 
finding to assist in the negotiation of an agreement in succession to one 
which is about to or has expired which provisions shall survive the term 
of the agreement. 

II. Every such agreement shall contain a no-strike clause which shall 
survive the term of the agreement and remain in effect until a new agree- 
ment is negotiated covering the same employees. No such agreement shall 
infringe upon the rights of individual employees under RSA 98 and the 
regulations issued pursuant thereto. Such agreement shall at all times be 
subject to existing or future laws and all valid regulations adopted pur- 
suant thereto. Every such proposed agreement shall be approved as to form 
and legality by the attorney general or his deputy or assistant prior to its 
execution. 

III. Such agreements shall be binding on the state and the employee 



1969] Chapter 291 311 

organization and all department heads and appointing authorities and em- 
ployee organizations shall be obligated to faithfully execute the provisions 
thereof. 

98-C:5 Obligation to Negotiate. The chief executive officer of a unit, 
or his duly authorized representative or representatives, shall be required 
to meet with the duly authorized representative or representatives of a 
certified and recognized employee organization, upon request, and to bar- 
gain in good faith for the purpose of reaching agreement upon the terms 
of an agreement as provided in section 4. 

98-C:6 Withdrawal of Recognition and Penalties. An employee organ- 
ization may lose its right of exclusive representation by loss of a duly called 
election under section 3. The commission may decertify any recognized 
employee organization upon finding after due notice and hearing, that it 
fails to meet the standards of section 1, paragraph II or that it has actually 
called a strike against the state or any agency thereof or has assisted or par- 
ticipated in any such strike. Upon decertification as provided in this section, 
any agreement to which such employee organization is a party shall ter- 
minate forthwith and this condition shall be implied in all agreements 
negotiated hereunder. Any employee who engages in, participates in, or 
assists in a strike against the state or any agency thereof shall be subject to 
the disciplinary penalties provided by law and personnel regulations for 
serious misconduct. 

98-C:7 Prerogatives of Management. The state retains the exclusive 
right through its department heads and appointing authorities, subject to 
the provisions of law and the personnel regulations (a) to direct and super- 
vise employees, (b) to appoint, promote, discharge, transfer or demote em- 
ployees, (c) to lay off unnecessary employees, (d) to maintain the efficiency 
of government operations, (e) to determine the means, methods and person- 
nel by which operations are to be conducted, and (f) to take whatever ac- 
tions are necessary to carry out the mission of the agency or department in 
situations of emergency. 

290:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 27, 1969.] 
[Effective date August 26, 1969.] 



CHAPTER 291. 

AN ACT PROVIDING FOR YEAR-ROUND INSPECTIONS OF MOTOR VEHICLES 
AND MAKING AN APPROPRATION THEREFOR. 

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

291:1 Specifically Staggering Inspection Dates. Amend RSA 260:14 as 
amended by 1965, 240:6 and 1969, 84:1 by striking out said section and in- 
serting in place thereof the following: 260:14 Inspection Authorized. The 
director may require the inspection of any motor vehicles, trailers, or semi- 



312 Chapter 291 [1969 

trailers to determine whether it is fit to be operated. Such inspection shall 
be made at such times and in such manner as the director may specify; pro- 
vided that all motor vehicles, trailers and semi-trailers registered under this 
chapter shall be inspected every six months with the first such inspection 
being required during the month in which the birth date of the owner is 
observed, if the owner is a private individual. If the owner is a company or 
corporation or other than a private individual the first inspection shall be 
made during the month or April and the second inspection shall be made 
during the month of October, provided, however, that newly registered 
vehicles and vehicles the ownership of which has been transferred shall 
have a period of ten days from registration or transfer of ownership in 
which to have said vehicle inspected. The director may authorize properly 
qualified persons to make inspections without expense to the state at sta- 
tions designated by him, and may at any time revoke such authorization 
or designation, provided, however, that inspections conducted at such sta- 
tions at the request and under the direction of a law enforcement agent or 
a safety inspector shall be paid for as follows: (a) in the event violations 
of this section are uncovered, by the owner of the vehicle or (b) in the event 
no such violations are uncovered, by the agency represented by the agent 
or inspectors. The annual fee to be paid by the inspection station upon 
authorization set forth herein shall be fifteen dollars and shall not be re- 
fundable. 

291:2 Increasing Cost of Inspection Stickers. Amend chapter 260:15 as 
amended by 1965, 240:7 by striking out the said section and inserting in 
place thereof the following: 260:15 Fee. The fee for inspection stickers 
shall be fifteen cents for each sticker furnished by 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 fifteen cents 
each. 

291:3 Appropriation. There are hereby appropriated the sums of 
forty-four thousand, seventy-one dollars and ninety-four cents for the fiscal 
year 1970, and fifty thousand, three hundred and fifty-one dollars and thirty- 
four cents for the fiscal year 1971, to be expended by the division of safety 
services as follows: 











1st Year 


2nd Year 




Grade 






Budget 


Budget 


Safety Inspector 


13 


(2) 


Full Year 


$10,538.32 


$27,946.10 






(3) 


Half Year 


7,903.64 




Clerk-Steno III 


8 ' 






4,344.08 


4,563.00 


Key Punch Operator 


4 




3 months 


1,847.90 




Newspaper Advertising 








2,000.00 


1,000.00 


Vehicles $2,200.00 




(5) 




11,000.00 




Clothing $1,500.00 




(5) 




7,500.00 


7,500.00 


Food &: Travel 
















(2) 


Full Year 


3,000.00 




, 




(3) 


Half Year 


2,250.00 





No. 1029 Key Punch — $69.00 828.00 

Per Month 3 months (Rental) 207.00 



1969] Chapter 292 313 

No. 1059 Key Punch Verifyer 

$72.00 Per Month (Rental) 

3 month (Rental) 216.00 864.00 

IBM Electric Typewriter 475.00 

Secretarial Deck 170.00 

Secretarial Chair 

$40.00 (3) 120.00 



Grand Total $44,071.94 $50,351.34 

The sums hereby appropriated shall be in addition to any other appro- 
priations to said division. The governor is authorized to draw his warrants 
for said sums which shall be a charge against the highway funds. 

291:4 Effective Date. This act shall take effect April 1, 1970. 
[Approved June 30, 1969.] 
[Effective date April 1, 1970.] 



CHAPTER 292. 

AN ACT REGULATING THE ACQUISITION OF DOMESTIC INSURANCE COMPANIES 
AND DOMESTIC INSURANCE HOLDING COMPANIES. 

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

292:1 New Chapter. Amend RSA by inserting after chapter 401 the 
following new chapter: 

Chapter 40I-A 
Acquisitions or Offers to Acquire Certain Domestic Corporations. 

401-A:1 Definitions. The following words or phrases, unless the con- 
text clearly indicates otherwise shall have the meanings ascribed to them 
in this section: 

I. "Acquire", as applied to insurance stocks and insurance holding 
company stock, means effecting an acquisition of such stock whether such 
acquisition is made directly or indirectly through an intermediary or other- 
wise. 

II. "Associate" of a person means (i) any corporation or other organ- 
ization of which such person is an officer, director or partner or of which 
such person is directly or indirectly the beneficial owner of ten percent 
or more of any class of its capital stock, (ii)) any person who is directly or 
indirectly the beneficial owner of ten percent or more of any class of capital 
stock of such corporation or organization, (iii) any trust or other estate in 
which such person serves as trustee or in a similar fiduciary capacity and (iv) 
any relative or spouse of such person, or any relative of such spouse who 
has the same home as such person. 

III. "Beneficial ownership" of capital stock by a person shall include 
beneficial ownership of such person and of each associate of such person 



314 Chapter 292 [1969 

and shares of capital stock as to which such person or any associate of such 
person has the right of acquisition shall be deemed beneficially owned by 
such person, A person who has beneficial ownership of convertible securi- 
ties shall also be deemed to be the beneficial owner of any shares or capital 
stock into which such securities are convertible. 

IV. "Insurance holding company" means any corporation which owns 
beneficially more than fifty percent of any class of the outstanding capital 
stock of any insurance company organized under the laws of this state. 

V. "Insurance holding company stock" means any capital stock of an 
insurance holding company. 

VI. "Insurance stock" means any capital stock of any insurance com- 
pany organized under the laws of this state. 

VII. "Offer to acquire" means every attempt or offer to acquire, or 
solicitation of an offer to dispose of insurance stock or insurance holding 
company stock of any class, or any interest therein for value whether such 
attempt, offer, solicitation is made directly or indirectly through any inter- 
mediary or otherwise. 

VIII. "Person" means an individual, a corporation, a partnership, an 
association, a joint stock company, a trust, or an unincorporated organiza- 
tion and such terms shall also include any group or combination thereof 
(whether or not such group or combination is a single legal entity) which 
directly or indirectly through any intermediary or otherwise (i) act together 
in concert for the purpose of acquiring insurance stock, or insurance hold- 
ing company stock, or (ii) has the purpose of exercising together or in con- 
cert voting rights attaching to insurance stock, or insurance holding com- 
pany stock. 

IX. "Outstanding capital stock," "Outstanding insurance stock," and 
"Outstanding holding company stock" do not include capital stock of an 
issuer beneficially owned by such issuer. 

401-A:2 Prohibitions. Without first complying with all applicable pro- 
visions of this chapter: 

I. No person shall directly or indirectly through an intermediary or 
otherwise acquire, or offer to acquire, beneficial ownership of insurance 
stock, or insurance holding company stock if such acquisition (together with 
any past or proposed acquisitions from others) would cause such person to 
have beneficial ownership of more than ten percent of the outstanding in- 
surance stock, or insurance holding company stock of any class of an issuer. 

II. No person who beneficially owns ten percent or more of the out- 
standing insurance stock, or insurance holding company stock of any class 
of any issuer shall, directly or indirectly through an intermediary or other- 
wise, increase or attempt to increase such person's beneficial ownership of 
stock of any such class by acquisition of stock of such class, and 

III. No person shall, directly or indirectly through an intermediary 
or otherwise, acquire or offer to acquire beneficial ownership of insurance 
stock or insurance holding company stock pursuant to a plan whereby such 
person would become the beneficial owner of more than ten percent of the 



1969] Chapter 292 315 

outstanding insurance stock, or insurance holding company stock of any 
issuer. 

IV. In a case where it is proposed to acquire or to offer to acquire bene- 
ficial ownership of an insurance holding company stock and such insurance 
holding company is not incorporated under the laws of this state, the re- 
strictions set forth in this section shall apply only if those to whom an offer 
to acquire the insurance holding company stock is to be made include one 
or more residents of this state. 

401-A:3 Statement to be Filed. There shall be filed with the insurance 
commissioner not less than ten days prior to any acquisition or offer to ac- 
quire insurance stock or insurance holding company stock specified in 
section 2, a statement signed by the person proposing to make the acquisi- 
tion, and verified by an oath or affirmation, which shall contain the informa- 
tion specified in this section and copies of all materials proposed to be used 
in connection with the offer or acquisition (which shall set forth informa- 
tion contained in the statement filed with the insurance commissioner). 
Copies of said statement and material and all amendments thereto shall, 
simultaneously with such filing, be also sent by registered or certified mail 
to the issuer of the insurance stock, or insurance holding company stock 
proposed to be acquired. The statement filed with the insurance commis- 
sioner shall be filed on such form or forms, if any, as the insurance com- 
missioner shall prescribe and shall contain the following information and 
material and such additional information as the insurance commissioner 
shall by regulation prescribe as appropriate to enable him to make a deter- 
mination under section 4 of this chapter: 

I. The name and address of each person who proposes to acquire or 
offer to acquire insurance stock, or insurance holding company stock and 
(i) if such person is an individual his principal occupation during the past 
five years or (ii) if such person is not an individual and informative descrip- 
tion of the business done and intended to be done by such person and such 
person's subsidiaries and the general development of such business during 
the past five years. 

II. If such person is not an individual, a list of all persons who are 
directors, or executive officers of such person or who performs similar func- 
tions and all persons who have been nominated or elected as directors, or 
executive officers or to perform similar functions but who have not yet 
assumed their positions. The list shall include all positions and offices held 
by such persons named in the particular organization, and their principal 
occupations during the past five years. 

III. The terms and conditions of any proposed offer and acquisition 
and the manner in which such offer and acquisition are to be made. 

IV. The source of funds to be used in the proposed acquisition and if 
the funds are to be borrowed the name or names of the lender or lenders 
and a summary of the terms and conditions of the loan transactions. 

V. Such plans, arrangements, understanding and intentions as such 
person may have for the future business and management of the issuer 
whose capital stock is to be acquired, and if such issuer is an insurance hold- 
ing company of any insurance company fifty percent or more of whose capi- 



316 Chapter 292 [1969 

tal stock of any class is beneficially owned by such an insurance holding 
company, including any plans, arrangements, understandings, or intentions 
with respect to total or partial liquidations, sale of assets, merger, material 
change in business, corporate structure, management or composition of the 
board of directors. 

VI. The number of shares of each class of insurance stock, or insur- 
ance holding company stock, proposed to be acquired which are beneficially 
owned by the person proposing to acquire or offer to acquire insurance 
stock or insurance holding company stock as the case may be, or which are 
subject to rights of acquisitions by such person, the dates of any sales and 
purchases of such stock by such person and each associate of such person 
within the past two years, and the prices received or paid in connection 
with such sales and purchases. 

VII. Information as to any contracts, arrangements, or understandings 
with any person with respect to any securities of the insurance company, or 
insurance holding company, whose capital is to be acquired including but 
not limited to, contracts, arrangements, or understandings, with respect to 
transfer of any of the securities, joint ventures, loan or option arrangements, 
puts or calls, guarantee of loans, guarantees against loss, or guarantees of 
profits division of losses or profits, or the giving, or the withholding of 
proxies, naming the persons with whom such contracts, arrangements, or 
understandings have been entered into and giving the details thereof. 

VIII. A consent to service of process if required by section 5 of this 
chapter. 

IX. Alternative Filing Materials. If any tender offer, request of invita- 
tion for tenders, or agreement to exchange or otherwise acquire securities 
or to merge or otherwise acquire control referred to in section 3 is proposed 
to be made by means of a registration statement under the Securities Act of 
1933 or in circumstances requiring the disclosure of similar information un- 
der the Securities Exchange Act of 1934, or under a state law requiring 
similar registration or disclosure, the person required to file the statement 
referred to in section 3 may in lieu thereof, file the documents required by 
any such laws together with any other materials requested by the commis- 
sioner. 

401-A:4 Commissioner's Discietion. 

I. The insurance commissioner shall disapprove the acquisition of con- 
trol of a domestc insurer or insurance holding company if he determin^es 
that such action is reasonably necessary to protect the interests of the peoja^e 
of this state or of the policyholders or stockholders of the insurer or insur- 
ance holding company. The following shall be the only factors to be con- 
sidered by him in making the foregoing determination: 

(a) The financial condition of the acquiring person and the insurer, 

(b) The trustworthiness of the acquiring person or any of its officers or 
directors, 

(c) A plan for the proper and effective conduct of the insurer's opera- 
tions, 

(d) Sources of funds or assets for the acquisition. 



1969] Chapter 292 317 

(e) The fairness of any exchange of stock, assets, cash or other con- 
sideration for the stock or assets to be received, 

(f) Whether the effect of the acquisition may be substantially to lessen 
the competition in any line of commerce in insurance or to tend to create a 
monopoly therein and, 

(g) Whether the acquisition is likely to be hazardous or prejudicial to 
the insurer's policyholders or stockholders. 

II. If the insurance commissioner finds that the statement and other 
material filed pursuant to this chapter comply with the requirements of 
this chapter, and any regulations promulgated thereunder and if he has 
no reason to believe that such acquisition will be in conflict with the interest 
or of the people in this state or of the policyholders or stockholders of the 
insurer or insurance holding company as set forth above, the commissioner 
shall so notify the person filing the statement, the issuer whose stock is pro- 
posed to be acquired. Notice shall also be given by the insurance commis- 
sioner of any disapproval. If an approval is made by the insurance commis- 
sioner and not otherwise, the proposed offer and acquisition may thereafter 
be made and consumated on the terms and conditions and in the manner 
described in the statement and subject to such conditions as may be pre- 
scribed by the insurance commissioner as hereinafter provided. 

III. The insurance commissioner may as a condition of his approving 
determination require the inclusion in any offer of provisions requiring the 
offer to remain open the specified minimum length of time, permitting 
withdrawal of shares deposited prior to the time the offerer becomes bound 
to consumate the acquisition and requiring pro rata acceptance of any 
shares deposited pursuant to the offer. The insurance commissioner shall 
hold a hearing for making the determination required by this section if 
within ten days following the filing with the insurance commissioner of the 
statement called for by section 3 of this chapter, written request for the 
holding of such hearings is made either by the person proposing to make 
the acquisition, by the issuer whose stock is proposed to be acquired. Other- 
wise, the insurance commissioner shall determine in his discretion whether 
such a hearing sliall be held. Notice of any such hearing shall be given to 
the person proposing to make the acquisitions, to the issuer whose stock is 
proposed to be acquired and if such issuer is an insurance holding company 
to the insurance company, more than fifty percent of whose outstanding 
stock of any class is beneficially owned by such insurance holding company. 
Notice of any such hearing shall also be given to other persons, if any, as the 
insurance commissioner may determine. 

401-A:5 Service of Process. Every person who files a statement with the 
insurance commissioner under this chapter shall file with the statement an 
irrevocable written consent that actions against such person arising out of 
violation of this chapter may be commenced in the superior court. Such 
consent shall provide that service of process, and similar service of pleading 
and notices such actions, shall be as valid and binding as if due service had 
been made upon the person himself according to the laws of this or any 
other state, if copies thereof are served on the insurance commissioner and 
transmitted by certified mail by the insurance commissioner to such person 
at his last address on file with the insurance commissioner. No such consent 



318 Chapter 292 [1969 

shall be required from a person or a corporation or insurance company or- 
ganized under the laws of this state or qualified to do business as a foreign 
corporation in this state. 

401-A:6 Rules and Regulations. The insurance commissioner shall have 
the authority from time to time to make, amend and rescind such rules and 
regulations as may be necessary to carry out the provisions of this chapter. 

401-A:7 Misleading Statements. No person who acquires or offers to 
acquire insurance stock or insurance holding company stock pursuant to 
this chapter shall make in connection therewith any false, deceptive or mis- 
leading statement, or omit to state any material fact necessary in order to 
make the statements made in light of the circumstances under which they 
are made not misleading, or engage in any act or practice which is fraudu- 
lent, deceptive or manipulative. 

401-A:8 Injunctive Relief. If any person shall acquire or offer to ac- 
quire insurance stock or insurance holding company stock in violation of 
any provision of this chapter, or of any rule or regulation made pursuant to 
section 6, the issuer of the stock so acquired or proposed to be acquired, any 
stockholder of such issuer, and, if such issuer is an insurance holding com- 
pany and the insurance company fifty percent or more whose outstanding 
capital stock of any class is beneficially owned by such insurance holding 
company, any stockholder of such insurance company or the insurance com- 
missioner may petition the superior court of the county wherein the issuer 
has its primary place of business, for a decree enjoining such acquisition or 
offer and for such further relief as the court may deem appropriate. If such 
issuer does not have a place of business in this state, such petition may be 
filed with the superior court for Merrimack county. 

401-A:9 Penalties. Any person who shall knowingly make or cause to 
be made any false statements in any document filed with the insurance com- 
missioner under this chapter, or who shall violate any provision of this 
chapter, shall be guilty of a misdemeanor and upon conviction thereof, shall 
be sentenced to pay a fine of not more than five thousand dollars or im- 
prisoned for not more than five years or both, provided, however, that no 
broker dealer whose participation in an offer or acquisition is limited to the 
performance of the customary broker's function in transactions effected on a 
stock exchange or the over the counter market who receives no more than 
the customary broker's commission and who does not solicit or arrange for 
the solicitation of orders to sell shares in capital stock in the corporation 
whose shares are being purchased and who has no knowledge that the princi- 
pal has solicited or arranged to solicit any such orders, shall be deemed 
guilty of any violations of this chapter. The exemption of the broker dealer 
shall not exempt his principal. 

401-A:10 Exceptions. The provisions of this chapter shall not apply in 
any of the following acquisitions or offers to acquire insurance stocks or in- 
surance holding company stock: 

I. Any acquisition or offer by 

(a) the issuer of such stock, or 

(b) a person who, at the time, owns beneficially more than fifty per cent 
of the shares of each class proposed to be acquired. 



1969] Chapter 292 319 

II. An offer or acquisition which the insurance commissioner by order 
shall in a particular case exempt from the provisions of this chapter as not 
entered into for the purpose of, and not having the effect of, changing or 
influencing the control of the insurance company organized under the laws 
of the state or an insurance holding company and does not require the ap- 
plication of the procedures described in this chapter for the protection of 
stockolders whose shares are to be acquired, provided, that prior to the is- 
suance of any such order, notice that he is considering the issuance of such 
an order shall be given by the insurance commissioner to the person propos- 
ing to make the offer or acquisition, to the issuer whose stock is proposed to 
be acquired, and, if such issuer is an insurance holding company, to the in- 
surance company fifty per cent or more of whose outstanding capital stock 
of any class is beneficially owned by such insurance holding company. The 
insurance commissioner shall hold a hearing for the purpose of determining 
whether such an order should be granted if within ten days of the mailing 
of the said notice that he is considering the granting of such an order, writ- 
ten request for the holding of such a hearing made to the insurance commis- 
sioner by the issuer whose stock is proposed to be acquired or if such issuer 
is the insurance holding company by the insurance company fifty per cent 
or more of whose outstanding capital stock of any class is beneficially owned 
by such insurance holding company. 

401-A:11 Examination. 

I. Power of Commissioner. Subject to the limitation contained in this 
chapter and in addition to the powers which the commissioner has under 
RSA Title XXXVII relating to the examination of insurers, the commis- 
sioner shall also have the power to order any insurer to produce such rec- 
ords, books, or papers in the possession of the insurer or its affiliates as shall 
be necessary to verify the information required to be contained in the in- 
surer's statement, as required by section 3, and any additional information 
pertinent thereto. Such books, records, papers, and information shall be 
examined in the manner prescribed in RSA Title XXXVII relating to the 
time and place of examination. 

II. Purpose and Limitation of Examination. The purpose of the ex- 
amination under paragraph I above shall be to verify the registration state- 
ment and any addition or amendment thereto made pursuant to this chap- 
ter. The commissioner shall exercise his power under paragraph I only if 
the examination of the insurer under RSA Title XXXVII is inadequate or 
the interests of the policyholders of such insurer are being adversely affected 
and, in any event, within three calendar years from the date of filing of 
such registration statement or such addition or amendment thereto unless 
there is fraud involved in which case the three year limitation is not ap- 
plicable. 

III. Use of Consultants. The commissioner may retain at the insurer's 
expense such attorneys, actuaries, accountants, and other experts not other- 
wise a part of the commissioner's staff as shall be reasonably necessary to 
assist in the conduct of the examination under paragraph I. Any persons or 
organizations so retained shall be under the direction and control of the 
commissioner and shall act in a purely advisory capacity. 



320 Chapter 293 [1969 

IV. Expenses. Each insurer producing for examination records, books, 
and papers pursuant to paragraph I shall be liable for and shall pay the 
expense of such examination. 

292:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



CHAPTER 293. 

AN ACT RELATIVE TO THE TRANSFER OF ASSETS OF AND INTEREST IN 
INSURANCE COMPANIES. 

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

293:1 New Chapter. Amend RSA by inserting after chapter 403 the 
following new chapter: 

Chapter 403-A 
Disposal of Assets 
403-A: 1 Definitions. As vised in this chapter, the term 

I. "Assets" includes all the property and rights of every kind of a do- 
mestic insurance company, or association. 

II. "Total assets" means the dollar amount of the company's total as- 
sets as reported in its most recent convention statement. 

III. "Disposal" includes any sale, transfer, exchange, assignment, aliena- 
tion or other conveyance of an interest in assets, but does not include a ced- 
ing of policies pursuant to a reinsurance contract. 

403-A:2 Disposal of Assets. Any domestic insurance company or associa- 
tion that, within any period of thirty days, by one or more transactions, dis- 
poses of any of its assets which, in the aggregate, amount to more than ten 
per cent of its total assets, shall send written notification thereof to the in- 
surance commissioner. Such notification shall be given at least ten business 
days prior to the making of such disposal, and shall specify the nature and 
amount thereof, and identify all of the parties thereto. 

403-A:3 Reinsurance. Any domestic insurance company or association 
except a domestic life insurance company, which, during any period of 
twelve consecutive months, by any contract or contracts of reinsurance, 
cedes an amount of its insurance on which the total gross reinsurance pre- 
miums are more than fifty per cent of the unearned premiums on the net 
amount of its insurance in force at the beginning of such period, shall give 
written notification thereof to the insurance commissioner. Any domestic 
life insurance company which reinsures its whole risk on any individual life 
or joint lives or reinsures policies which, during any period of twelve con- 
secutive months, in the aggregate, amount to more than fifty per cent of its 
insurance in force shall give written notification thereof to the insurance 
commissioner. The notification required hereunder shall be given at least 



1969] Chapter 293 321 

ten business days before the date such reinsurance takes effect, and shall 
specify the nature and amount thereof, and identify the parties thereto. The 
requirements of this section shall not apply to reinsurance made in the or- 
dinary course of business covering reinsurance of specified individual risks 
under agreements relating to current business. 

403-A:4 Fraud by Officer, Etc. It shall be unlawful for any member, 
officer, director, or attorney-in-fact of any company, association, or exchange 
licensed to do an insurance business in this state to borrow, rent, hire, lease, 
or otherwise engage on behalf of such company, association or exchange the 
use of stocks, bonds, debentures, notes, investment certificates, securities, or 
other obligations or evidences of indebtedness owned or issued by any other 
corporation, company, association, or individual, or of any government, po- 
litical subdivision or agency thereof, with intent to injure or defraud any 
other company, body politic or corporation, or person, or to deceive the 
insurance commissioner or other person legally authorized to examine the 
affairs of any such company, association, or exchange. Any person convicted 
of a violation of this section shall be imprisoned for not more than five years 
or fined not more than ten thousand dollars or both. 

403-A:5 Fraud by Corporation. It shall be unlawful for any corpora- 
tion organized under any law of this state, or the laws of any other state, or 
which has an office or is transacting business in this state, which is engaged 
in, or is claiming or advertising that it is engaged in, organizing or receiving 
subscriptions for or disposing of stocks of, or in any manner aiding or taking 
part in the formation or in the business of an insurance company, associa- 
tion, or exchange, either as agent or otherwise, or which is holding capital 
stock of one or more insurance companies for the purpose of controlling the 
management thereof as voting trustees or otherwise, or any employee, agent, 
or attorney thereof, that aids and abets such insurance company, association, 
or exchange to borrow, rent, hire, lease, or engage the use of such stock, 
bonds, debentures, notes, investment certificates, securities, or other obliga- 
tions or evidences of indebtedness. Any corporation convicted of a violation 
of this section shall be fined not more than ten thousand dollars. 

403-A:6 Possession of Stocks, Etc. If any insurance company, associa- 
tion, or exchange is found in possession of stocks, bonds, debentures, notes, 
investment certificates, securities, or other obligations or evidences of in- 
debtedness acquired in violation of section 4, or if any of its officers, direc- 
tors, members, or attorneys-in-fact have been convicted of a violation of 
section 4, such company, association, or exchange may be subject to suspen- 
sion of its certificate of authority by the insurance commissioner. Nothing in 
this section shall be construed to prevent the insurance commissioner from 
bringing an action to dissolve such insurance company, association, or ex- 
change. 

Excessive Dividends 

403-A:7 Definitions. As used in this subdivision, the folloAvinsr terms 
shall have the respective meanings hereinafter set forth; (a) Affiliate. An 
"Affiliate" of, or person affilated with, a specific person, is a person that di- 
rectly, or indirectly through one or more intermediaries, controls, or is con- 
trolled by, or is under common control with, the person specified, (b) In- 



322 Chapter 293 [1969 

surance Holding Company System. An "Insurance Holding Company Sys- 
tem" consists of two or more affiliated persons, one or more of which is an 
insurer. 

403-A:8 Extraordinary Dividends. No licensed insurance company 
shall, without filing with and receiving the approval of the insurance com- 
missioner, declare any extraordinary dividend and dividend or distributions 
which together with those made within the preceding twelve months exceed 
in value and the lesser of ten percent of the insurer's surplus as regards 
policyholders as of the thirty-first day of December next preceding or one 
hundred percent of the net income for the twelve month period ending the 
thirty-first day of December next preceding. The insurance commissioner 
shall receive not less than thirty days notice and such notice period shall 
commence to run from the date of receipt of such notice by the commis- 
sioner. Any such dividend declared within the thirty day notice period, or 
declared without first giving such notice to the department, shall be invalid 
and shall confer no rights or benefits upon the holder of any such stock. The 
insurer's assets and surplus following any dividends or distributions shall be 
reasonable in relation to the insurer's outstanding liabilities and shall be 
adequate to meet its financial needs. 

403-A:9 Notice Confidential. Every notice made pursuant to section 8 
and any duly authenticated copy thereof, shall be, at the option of the 
insurer, a confidential communication and shall not be subject to subpoena 
and shall not be made public unless the commissioner, after giving the in- 
surer and its affiliates who would be affected thereby notice and opportunity 
to be heard, determines that the interests of policyholders, shareholders or 
the public will be served by the publication thereof, in which event he may 
publish all or any part thereof in such manner as he may deem appropriate. 

403-A:10 Investment in Holding Company. No licensed insurer may 
invest in common stocks or other equities issued by an insurance holding 
company or affiliate which in the aggregate exceed ten percent of the in- 
surer's surplus as regards policyholders as of the thirty-first day of December 
next preceding. 

403-A:ll Exemption. The commissioner may, by regulation, exempt in 
whole or in part any company or class of companies from the provisions of 
sections 8 and 10. 

Rules 

403-A:12 Rules and Regulations. The insurance commissioner shall, 
by regulation, prescribe the rules necessary for the administration of this 
chapter. 

293:2 Return on Investment in Mutual Companies. Amend RSA 403:2 
by striking out in line nine the word "six" and inserting in place thereof 
the word (ten) so that said section as amended shall read as follows: 403:2 
Guaranty Fund established by Subscription. Any mutual insurance com- 
pany organized under the laws of this state may create not more than one 
guaranty fund by borrowing a sum of money not exceeding five hundred 
thousand dollars, by the issue of certificates of indebtedness upon such terms 
as the policyholders shall determine provided that such certificates shall not 



1969] Chapter 293 323 

be divided into classes in any way and that the holders of such certificates 
shall not be entitled to vote in the direction of the affairs of the company 
and shall not receive a greater return on their investment than ten per cent 
per annum. The commissioner, upon notice to the company and after hear- 
ing its objections, if any, may require any guaranty fund established under 
this section to be retired when he shall find it is no longer needed for pro- 
tection of the policyholders. 

293:3 Loans to Mutual Companies. Amend RSA 403 by inserting after 
section 3 the following new sections: 

403:4 Loans to Companies. Any director, officer, or member of any 
mutual insurance company, other than a mutual life company, or any other 
person, may advance to such company any sum or sums of money necessary 
for the purpose of its business or to enable it to comply with any of the re- 
quirements of the law. Such moneys, and such interest thereon as may have 
been agreed upon, not exceeding ten per cenum per annum, shall not be a 
liability or claim against the company or any of its assets, and shall be repaid 
only out of the surplus of such company. No commission or promotion ex- 
penses shall be paid in connection with the advance of any such money to 
the company, and the amount of such advance shall be reported in each 
annual statement. Such company shall prior to making such advances pro- 
vide the insurance commissioner with such evidence as he may by regulation 
prescribe concerning the making of any such advance or the making of any 
payments, whether of principal or interest, on account thereof. 

403:5 Rules. The insurance commissioner is hereby granted authority 
to issue such rules, regulations and orders as may be necessary to properly 
administer this chapter. 

293:4 Mutual Corporations Limited. Amend RSA 401:3 by inserting in 
line two after the word "plan" the following (No such mutual corporations 
shall be incorporated after the first of July, 1969, to transact any kinds of 
insurance business on the assessment plan requiring as a condition for grant- 
ing insurance the signing of a premium deposit note by the insured, which 
note is given for the purpose of establishing a limit of liability to assess- 
ment. Any such company currently licensed and operating on such plans 
shall be restricted to the lines of business in which it was engaged on July 
1, 1969, provisions of RSA 401:7 notwithstanding) so that said section as 
amended shall read as follows: 401:3 Captial Stock. Such a corporation 
may have a captial stock or may do business on the mutual plan. No such 
mutual corporations shall be incorporated after the first of July, 1969, to 
transact any kinds of insurance business on the assessment plan requiring 
as a condition for granting insurance the signing of a premium deposit note 
by the insured, which note is given for the purpose of establishing a limit 
of liability to assessment. Any such company currently licensed and operat- 
ing on such plans shall be restricted to the lines of business in which it was 
engaged on July 1, 1969, provisions of RSA 401:7 notwithstanding. 

293:5 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



324 Chapter 294 [1969 

CHAPTER 294. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN ASSOCIATIONS 

TO INVEST EXCESS FUNDS IN STOCKS OR BONDS AS DESIGNATED LEGAL 

INVESTMENTS BY THE BANK COMMISSIONER. 

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

294:1 Other Investments. Amend RSA 393:27 by inserting after para- 
graph VII the following new paragraph: VIII. In stocks or bonds as are 
designated as legal investments on the legal list as prepared and maintained 
by the bank commissioner under RSA 387:25. Further provided that unless 
the guaranty fund of a cooperative bank or building and loan association is 
full and unimpaired, and the value of its assets as determined by the com- 
missioner shall exceed the amount of the shares by at least five per cent, it 
shall be unlawful for it to invest in any preferred or common stocks, includ- 
ing shares of investment trust. Investments under this section shall be lim- 
ited to five per cent of share liability, and not exceeding fifteen per cent of 
the surplus, guaranty fund, undivided profits and unallocated reserves shall 
be invested in the obligations or stock of any individual, partnership or 
corporation, except public obligations. 

294:2 Change in the Heading. Amend the heading for RSA 393:27 by 
striking out the words "Investment of Excess Funds" and inserting in place 
thereof the following (Other Investments). 

294:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 295. 

AN ACT RELATIVE TO DEFRAUDING AN INNKEEPER. 

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

convened: 

295:1 Frauds. Amend RSA 580 by inserting after section 9 the follow- 
ing new subdivision: 

Defrauding an Innkeeper 

580:9-a Definitions. As used in the subdivision: 

I. "Service" shall include, but not be limited to, labor, professional 
service, public utility service, transportation, accommodations, food, liquor, 
entertainment, property or equipment, rendered or furnished by, in, or 
through an inn or hotel. 

II. "Credit card" shall mean any instrument, whether known as a 
credit card, credit plate, charge plate, or by any other name, which purports 
to evidence an undertaking to pay for service rendered or furnished to or 
upon the order of a designated person or bearer. 



1969] Chapter 295 325 

III. "Inn or hotel" shall include all types of establishments offering 
accommodations for rent either by the day, week or month, or any portion 
thereof, including but not limited to hotels, motels, apartment houses, room- 
ing houses, inns, boardinghouses, trailer parks, restaurants or camping areas. 

IV. "Owner" shall include the owner, manager, keeper, or any other 
person responsible for the management of an inn or hotel. 

580:9-b Prohibition. It shall be unlawful for anyone to obtain, or at- 
tempt to obtain, service from, in, or through any inn or hotel: 

I. With intent to defraud the owner thereof on a credit basis by the 
use of a credit card which has been stolen, forged, revoked, canceled, un- 
authorized or in any way invalidated for the purpose of obtaining such 
credit, or on any other basis; or 

II. With intent to avoid payment therefor by unjustifiable failure or 
refusal to pay, by stealth, or by any misrepresentation of fact which he 
knows to be false. 

580:9-0 Penalty. Any person who shall obtain service from, in, or 
through an inn or hotel, with intent to defraud the owner of the inn or 
hotel, or with intent to avoid payment thereof, if the total value of such 
service does not exceed five hundred dollars, may be fined not more than 
five hundred dollars or imprisoned not more than six months or both. If 
the value of such service shall exceed five hundred dollars, he may be fined 
not more than one thousand dollars or imprisoned not more than one year, 
or both. 

580:9-d Evidence. In prosecutions brought under this subdivision, it 
shall be prima facie evidence of intent to defraud or of intent to avoid pay^- 
ing an owner of an inn or hotel if service was obtained from, in, or through 
an inn or hotel, by: 

I. A false or fictitious show or pretense of any baggage or other prop- 
erty, or 

II. The use of a false or fictitious name; or 

III. The use of any credit card, the privilege to use which has been 
revoked, canceled, unauthorized, or in any way invalidated by the issuer 
thereof; or 

IV. Absconding without paying or offering to pay for the service prior 
to leaving such establishment unless a written agreement for credit has been 
executed; or 

V. Surreptitiously removing or attempting to remove baggage or other 
property without having made payment; or 

VI. Failing to make payment for any service after the owner, upon 
probable cause believing that the person has obtained service from, in, or 
through the inn or hotel with such intent to defraud or avoid payment, de- 
mands payment for such service. 

295:2 Repeal. RSA 580:6 relative to defrauding an innkeeper is hereby 
repealed. 



326 Chapter 296 [1969 

295:3 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 296. 

AN ACT TO CHANGE THE VALUE OF STOCK WITHOUT NOMINAL OR PAR VALUE FOR 
THE PURPOSE OF FIXING FEE. 

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

296:1 Change of Value of Stock Without Nominal or Par Value. 

Amend RSA 294:116 by inserting at the end thereof the following (for the 
first twenty thousand shares and for any additional shares shall be deemed 
to be of the value of one dollar per share) so that said section as amended 
shall read as follows: 294:116 Valuation of Stock for Purpose of Fixing Fee. 
For the purposes of this subdivision, but for no other purposes, stock with- 
out nominal or par value shall be deemed to be of the value of fifty dollars 
per share for the first twenty thousand shares and for any additional shares 
shall be deemed to be of the value of one dollar per share. 

296:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 297. 

AN ACT RELATIVE TO THE PRACTICE OF PODIATRY. 

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

297:1 Podiatry. Amend RSA 315:1, as amended by 1963, 259:1 by 
striking out said section and inserting in place thereof the following: 315:1 
Requirements. Any person admitted to practice podiatry in this state shall 
be required to pass an examination before said board. He shall be of good 
moral character and at least twenty-one years of age. He shall have grad- 
uated from a college of podiatry or podiatry medicine which is accredited by 
the American Podiatry Association, and maintaining at that time a standard 
satisfactory to the board. No person who is not licensed as a podiatrist as 
provided by section 8 shall practice or attempt to practice podiatry in the 
state or designate or describe his occupation by the use of any words or 
letters to lead others to believe that he is so licensed. 

297:2 Increase in Membership. Amend RSA 315:2, as amended by 1963, 
259:1 by striking out said section and inserting in place thereof the follow- 



1969] Chapter 297 327 

ing: 315:2 Board of Examiners, The board shall consist of the secretary of 
the state board of medical examiners who shall act as secretary and treasurer 
and four others appointed by the governor, with the advice and consent of 
the council, to hold office for three years and until their successors are ap- 
pointed and qualified. Vacancies shall be filled in like manner for the un- 
expired term. One appointed member shall be a licensed doctor of medicine 
and the others podiatrists who have practiced their profession in the state 
for at least five years. No podiatrist shall serve for more than two consecu- 
tive terms and may not be appointed for three years after said terms. A list 
of eligible podiatrists shall be furnished to the governor at least three 
months before any expired term or at his request, by the secretary of the 
state association of podiatry. 

297:3 Rules and Regulations. Amend RSA 315:4 by striking out said 
section and inserting in place thereof the following: 315:4 Rules and Regu- 
lations. The board may adopt such rules and regulations and blanks and 
forms of procedure as it may deem necessary to carry out the provisions of 
this chapter. 

297:4 Licenses. Amend RSA 315:10, as amended by 1963, 259:1 by 
striking out said section and inserting in place thereof the following 315:10 
Renewal. Any person holding a podiatrist's license may have the same re- 
newed for not more than one year, by filing with the secretary of said board 
an application therefor by July first upon blanks prescribed by said board 
and upon payment of the renewal fee. 

297:5 Increase in Fees. Amend RSA 315:15, as amended by 1963, 259:3 
by striking out said section and inserting in place thereof the following: 
315:15 Fees. The fee for examination shall be fifty dollars. The fee for re- 
examination shall be fifty dollars; for the issuing or renewal of a license of 
a resident of this state five dollars, and for the revival and renewal of an 
expired license per section 12 the fee shall be tweney dollars. Any license 
holder who allows his license to lapse beyond the thirty days as provided in 
section 12 may have the same revalidated at the discretion of the board after 
paying the fee for revival plus ten dollars for each year that said license has 
been lapsed by reason of failure to renew. The fee for the issuing or re- 
newal of a license for a nonresident shall be ten dollars. The moneys thus 
received by the board shall be paid to the state treasurer. 

297:6 Increase in Penalty. Amend RSA 315:16 by striking out said 
section and inserting in place thereof the following: 135:16 Penalty. Any 
person who violates any provision of this chapter, shall be fined not less than 
one hundred nor more than one thousand dollars or imprisoned not less 
than three months nor more than one year or both. 

297:7 Effective Date. This act shall take effect as of June 30, 1969. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



328 Chapter 298 [1969 

CHAPTER 298. 

AN ACT AUTHORIZING THE ATTORNEY GENERAL TO DEMAND CERTAIN RECORDS 
OF A TELEPHONE OR TELEGRAPH COMPANY. 

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

298:1 Written Demand. Amend RSA 7 by inserting after section 6-a 
(sLipp) the following new section: 7:6-b Certain Records of Telephone or 
Telegraph Company. Every public utility owning, operating or managing 
any plant or equipment or any part of the same for the conveyance of tele- 
phone or telegraph messages as defined in RSA 362:2, upon the written de- 
mand of the attorney general that he has reasonable grounds for belief that 
the service furnished to a person or to a location by such public utility has 
been, is being, or may be used for an unlawful purpose, shall furnish to the 
attorney general the names and addresses of persons to whom stated tele- 
phone numbers are assigned, the names, addresses and telephone numbers 
of persons to whom unlisted telephone service is furnished and any other 
records in the possession of such public utility relating to the service fur- 
nished to such person or location. No such public utility nor any agent, 
servant or employee thereof, shall be civilly or criminally responsible or 
liable for furnishing or delivering any records or information in compli- 
ance with said demand and the attorney general shall not disclose any in- 
formation obtained as a result of said demand except as it is essential to the 
propor discharge of his duties. 

298:2 Repeal. RSA 587:20 relative to information as to unlisted tele- 
phones is hereby repealed. 

298:3 Effective Date. This act shall take effect upon passage. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



CHAPTER 299. 

AN ACT TO CHANGE THE NAME OF MOUNT PLEASANT IN THE UNINCORPORATED 
PLACE OF CHANDLER'S PURCHASE TO MOUNT EISENHOWER. 

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

299:1 Mount Eisenhower. The mountainous elevation located in the 
unincorporated place of Chandler's Purchase now known as Mount Pleasant 
shall hereafter be called and known as Mount Eisenhower. 

299:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



1969] Chapter 300 329 

CHAPTER 300. 

AN ACT RELATIVE TO COMPENSATION OF SENATE AND HOUSE CLERKS AND ASSISTANT 
CLERK AND RELATIVE TO INDEXES FOR JOURNALS AND SESSION LAWS. 

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

300:1 Compensation of Senate Clerk. Amend RSA 14:19 (supp) as 
amended by 1955, 335:5 and 1961, 280:1 by striking out said section and in- 
serting in place thereof the following: 14:19 Senate Clerk. The compensa- 
tion of the clerk of the senate shall be set at a rate of sixty dollars per day 
for each day of attendance and the president of the senate shall determine 
what days the clerk shall be in attendance, including but not being limited 
to the period from the last Wednesday of December to the date of convening 
of the next regular session of the general court. 

300:2 Compensation of House Clerk. Amend RSA 14:20 (supp) as 
amended by 1961, 280:6 by striking out said section and inserting in place 
thereof the following: 14:20 House Clerk. The compensation of the clerk 
of the house shall be set at a rate of sixty dollars per day for each day of 
attendance and the speaker of the house shall determine what days the clerk 
shall be in attendance, including but not being limited to the period from 
the last Wednesday of December to the date of convening of the next 
regular session of the general court. 

300:3 Compensation of Assistant Clerks. Amend RSA 14:21 (supp) as 
amended by 1955, 335:6; 1961, 280:7 and 1965, 1:1 by striking out the same 
and inserting in place thereof the following: 14:21 Assistant Clerks. The 
compensation of the assistant clerks of the senate and the house shall be set 
at a rate of forty-five dollars per day for each day of attendance and the 
president of the senate and the speaker of the house, as the case may be, 
shall determine what days the assistant clerk shall be in attendance, includ- 
ing but not being limited to the period from the last Wednesday of Decem- 
ber to the date of convening of the next regular session of the general court. 

300:4 Vacancies. Amend RSA 14:4 by striking out said section and in- 
serting in place thereof the following: 14:4 Assistant Clerks. In case of 
vacancy in the office of clerk of the senate or house of representatives, or of 
his absence or disability, the assistant clerk shall perform all the duties of 
the office, including the duties imposed upon the clerk by the provisions of 
this chapter. While an assistant clerk is performing the duties of clerk under 
this section, he shall be entitled to the compensation of the clerk. 

300:5 Proceedings. Amend RSA 14:7 (supp) as amended by 1963, 74:1 
by striking out said section and inserting in place thereof the following: 
14:7 Journals of the Proceedings. 

I. As soon as possible after every final adjournment of a session of the 
general court, and in any case consistently with the schedule of performance 
set forth in contracts for printing and binding of the journals of the general 
court, the clerk of the senate shall file with the printer of the daily journal, 
and with the secretary of state for the permanent journal, a copy of the pro- 
ceedings of the senate in proper form for printing and corrected page proofs 
of each. 



330 Chapter 300 [1969 

II. As soon as possible after every final adjournment of a session of the 
general court, and in any case consistently with the schedule of performance 
set forth in contracts for printing and binding of the journals of the general 
court, a special committee of the senate consisting of the president or the 
majority floor leader, the minority floor leader and the committee on the 
journal may authorize the clerk of the senate to correct clerical errors or 
formal imperfections in the permanent journal of the proceedings of the 
senate clearly identifying the same, however, before it is filed with the secre- 
tary of state. 

III. As soon as possible after every final adjournment of a session of the 
general court, and in any case consistently with the schedule of performance 
set forth in contracts for printing and binding of the journals of the general 
court, the clerk of the house shall file with the printer of the daily journal 
and with the secretary of state, for the permanent journal, a copy of the 
proceedings of the house in proper form for printing and corrected page 
proofs of each. 

IV. As soon as possible after every final adjournment of a session of 
the general court, and in any case consistently with the schedule of per- 
formance set forth in contracts for printing and binding of the journals of 
the general court, a special committee of the house consisting of the speaker 
or the majority floor leader, the minority floor leader and the committee on 
the journal may authorize the clerk of the house to correct clerical errors 
or formal imperfections in the permanent journal of proceedings of the 
house clearly identifying the same, however, before it is filed with the secre- 
tary of state. 

300:6 Session Laws. Amend RSA 20 by inserting after section 1-a (supp) 
as inserted by 1955, 23:1 a new section as follows: 20:l-b Index. As soon as 
possible after every final adjournment of a session of the general court and 
in any case consistently with the schedule of performance set forth in con- 
tracts for printing and binding of session laws and journals of the general 
court, the law librarian of the state library shall prepare and furnish the 
secretary of state with a complete index of the acts and resolves passed by 
the general court during the session. 

300:7 Index. Amend RSA 20:3 by striking out in line six the word 
"Fifty" and inserting in place thereof the word (Twenty-five) and by strik- 
ing out in lines nine and ten the words "The clerk of each house shall pre- 
pare an index of its journal" and inserting in place thereof the words (as 
soon as possible after every final adjournment of a session of the general 
court and in any case consistently with the schedule of performance set 
forth in contracts for printing and binding of session laws and journals of 
the general court, the law librarian of the state library shall prepare and 
furnish the secretary of state with complete indices of the journals of pro- 
ceedings of the senate and of the house of representatives during the ses- 
sion) so that said section as amended shall read as follows: 

20:3 Journals. The clerks of the senate and house of representatives 
shall cause to be printed in pamphlet form at the close of each legislative day 
twelve hundred copies of the journals of their respective bodies, and shall 
cause one copy of each to be distributed to each member of those bodies 



1969] Chapter 301 331 

before the beginning of the session on the next legislative day. Twenty-five 
of such copies shall be delivered to the state library each day. At the close 
of the legislative session additional copies of such journals may be printed 
in such form and quantity as the secretary of state, with the approval of the 
governor and council, may direct. As soon as possible after every final ad- 
journment of a session of the general court and in any case consistently with 
the schedule of performance set forth in contracts for printing and binding 
of session laws and journals of the general court, the law librarian of the 
state library shall prepare and furnish the secretary of state with complete 
indices of the journals of proceedings of the senate and of the house of rep- 
resentatives during the session. 

300:8 Effective Date. This act shall take effect January 1, 1969. 
[Approved June 30, 1969.] 
[Effective date January 1, 1969.] 



CHAPTER 301. 

AN ACT TO PROVIDE ADDITIONAL RETIREMENT ALLOWANCES TO CERTAIN RETIRED 
MEMBERS OF THE POLICEMEN'S RETIREMENT SYSTEM. 

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

301:1 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 Jan- 
uray 1970, and monthly thereafter, but not beyond the month of December 
1970, receive an additional monthly retirement allowance equal to twice the 
amount by which his regular monthly retirement benefit is less than one 
hundred dollars. 

301:2 Appropriation. In addition to any other funds appropriated for 
the policemen's retirement fund, there is hereby appropriated the sum of 
one thousand six hundred and sixty dollars to provide funds for the pay- 
ment of the additional monthly retirement allowances 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 ap- 
propriated. 

301:3 Effective Date. This act shall take effect January 1, 1970. 
[Approved June 30, 1969.] 
[Effective date January 1, 1970.] 



332 Chapter 302 [1969 

CHAPTER 302. 

AN ACT RELATIVE TO THE NEIL R. UNDERWOOD SINKING FUND. 

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

302:1 Transfer of Funds. The state treasurer, after payment of all 
outstanding charges, if any, shall transfer the balance of the sinking fund 
established as a result of the bond issue authorized by the Laws of 1939, 
chapter 207, section 4, as amended by the Laws of 1941, chapter 87, section 
3, and the Laws of 1947, chapter 150, section 2, known as the Neil R. Under- 
wood sinking fund, to the highway fund. 

302:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 303. 

AN ACT RELATIVE TO ACTIONS FOR FRAUD. 

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

303:1 Statute of Frauds. Amend RSA 506 by inserting after section 2 
the following new section: 506:2-a Actions Against Persons Discharged as 

Bankrupt. No action shall be maintained against any person who may have 
been discarged as a bankrupt under the laws of the United States, or under 
the laws of this state pertaining to insolvency proceedings or assignments 
for the benefit of creditors, upon any promise to pay any debt or demand 
from which he was or shall be released by such discharge, unless such prom- 
ise be made after such discharge, and be in writing and signed by the party 
to be charged therewith. 

303:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 304. 

AN ACT PROVIDING FOR TWO MEDICAL REFEREES IN MERRIMACK COUNTY. 

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

convened: 

304:1 Number Increased. Amend RSA 611:2 by striking out in line 
three the words "for Rockingham, two" and inserting in place thereof the 
following (for Merrimack and Rockingham, two each) so that said section 



1969] Chapter 305 333 

as amended shall read as follows: 611:2 Number. The number of medical 
referees appointed shall be as follows: For the counties of Coos, Grafton 
and Hillsborough, three each; for Merrimack and Rockingham, two each; 
for each other county, one. 

304:2 Area. Amend RSA 611 by inserting after section 2 the following 
new section: 611:2-a — Merrimack County. Of the two medical referees 
for the county of Merrimack provided for by section 2, one shall be ap- 
pointed from the northern area of the county and one shall be appointed 
from the southern area. For the purposes of this section the northern area 
of the county shall be comprised of Danbury, Hill, Wilmot, New London, 
Andover, Salisbury, Franklin, Northfield, Canterbury, Boscawen, Webster, 
Warner, Bradford, Newbury and Sutton; and the southern area shall be 
comprised of Allenstown, Bow, Chichester, Concord, Dunbarton, Epsom, 
Henniker, Hooksett, Hopkinton, Loudon, Pembroke and Pittsfield. 

304:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 305. 

AN ACT RELATIVE TO JURISDICTION OF THE COURTS OVER NONRESIDENT INDIVIDUALS. 

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

305:1 Nonresident Defendant. Amend RSA 510:4 by striking out said 
section and inserting in place thereof the following: 

510:4 Nonresident Defendant. 

I. Jurisdiction. Any person, who is not an inhabitant of this state, and 
who in person or through an agent transacts any business within this state, 
commits a tortious act within this state, or has the ownership, use, or pos- 
session of any real or personal property situated in this state, submits him- 
self, or his personal representative, to the jurisdiction of the courts of this 
state as to any cause of action arising from or growing out of the acts enum- 
erated above. 

IL Service of Process on Secretary of State. Service of process upon 
any perscon who is subject to the jurisdiction of this state, as provided in 
this section, may be made by leaving a copy thereof, with a fee of three dol- 
lars, in the hands or office of the secretary of state. Such service shall be of 
the same legal force and effect as if served on the defendant at his abode or 
place of business in the state or country where he resides and according to 
the law of that state or country, provided that notice thereof and a copy of 
the process is forthwith sent by registered mail, postage prepaid, by the 
plaintiff or his attorney to the defendant at his last known abode or place 
of business in the state or country in which the defendant resides. The de- 
fendant's return receipt and an affidavit of the plaintiff or his attorney of 
compliance with the section shall be appended to the process and entered 



334 Chapter 306 [1969 

therewith. In the event that the notice and a copy of the process are not 
delivered to or accepted by the defendant, the court may order such addi- 
tional notice, if any, as justice may require, 

III. Record of Process. The secretary of state shall keep a record of 
all such process, served in accordance with this section, and said record shall 
show the date and hour of service in the hands or office of the secretary of 
state. 

IV. 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 this action. The fee of three 
dollars paid to the secretary of state by the plaintiff at the time of the ser- 
vice shall be taxed in his costs, if he prevails in his suit. 

V. Service — Not Exclusive. The method of service provided by this 
section is not exclusive and service on nonresident individuals may be made 
in any other manner provided by law. 

305:2 Repeal. RSA 510:5 and RSA 510:7 relative to service of process 
on nonresident defendants are hereby repealed. 

305:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 306. 

AN ACT PERMITTING DANCING AFTER MIDNIGHT IN PUBLIC PLACES. 

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

306:1 Dancing after Midnight. Amend RSA 578:5 by inserting in line 
seven after the word "dancing" the words (on the Lord's Day after 1 a.m.) 
so that said section as amended shall read as follows: 578:5 Exceptions. 
Nothing in this chapter shall prevent the selectmen of any town, or the city 
council of any city, from adopting by-laws and ordinances permitting and 
regulating retail business, plays, games, sports, and exhibitions on the Lord's 
Day, provided such by-laws and ordinances are approved by a majority vote 
of the legal voters present and voting at the next regular election. But 
no such by-laws or ordinances shall permit public dancing on the Lord's 
Day after 1 a.m., horse racing, or prize fights at any time on the Lord's Day, 
or the games of baseball, hockey, or football, or any games, sports, or exhibi- 
tions of physical skill at which admission is charged or donations accepted, 
to be held earlier than one o'clock in the afternoon, or the opening of 
theatrical or vaudeville performances or motion pictures earlier than two 
o'clock in the afternoon. 

306:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1969.] 
[Effective date June 30, 1969.] 



1969] Chapter 307 335 

CHAPTER 307. 

AN ACT RELATIVE TO THE DATE TOWN AND CITY CLERKS SHALL DEPOSIT 
PERMIT MONIES WITH THE CITY OR TOWN TREASURY. 

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

307:1 Accounting for Receipts. Amend RSA 260:31 by striking out in 
lines three and four the following words "the last Saturday of each month" 
and inserting in place thereof the following (or before the tenth day of the 
following month,) so that said section as amended shall read as follows: 
260:31 Accounting for Receipts. Each designated city official and town 
clerk shall keep an account of the money received by him for said permits 
and deposit the same in the city or town treasury on or before the tenth day 
of the following month, to be used for the general purposes of the city or 
town. Failure to deposit shall be cause for immediate removal from office. 
Town clerks shall be paid on orders drawn on the town treasurer by the 
selectmen fifty cents for each permit issued. 

307:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 308. 

AN ACT PROVIDING FOR RECOVERY OF INTEREST, AND COST OF COLLECTION FEES IN 

ACTIONS TO COLLECT ON CHECKS, DRAFTS OR ORDERS ISSUED AGAINST 

NON-EXISTENT ACCOUNTS OR INSUFFICIENT FUNDS. 

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

308:1 New Chapter. Amend RSA by inserting after chapter 544 the 
following new chapter: 

Chapter 544-A 
Civil Liability For Bad Checks 

544-A: 1 Civil Offender. A person who willfully, with intent to defraud 
makes, draws or issues any check, draft or order upon any bank, banking 
association or other depositary for the purpose of obtaining from any per- 
son, firm, partnership or corporation any money, merchandise, property or 
other thing of value or paying for any services, wages, salary or rent, which 
check, draft or order is not honored upon presentment because the maker, 
drawer or issuer does not have the account with the depositary upon which 
the check, draft or order has been made or drawn, or does not have sufficient 
funds in such account or sufficient credit with such depositary for payment 
of the check, draft or order in full, shall be liable to the holder of the check, 
draft or order in a civil action as provided in this chapter. 



336 Chapter 309 [1969 

544-A:2 Penalty. A person described in section one of this chapter shall 
be liable to the holder of any check, draft or order on any bank for the 
amount thereon, for interest, court costs and all reasonable costs of collection. 

544-A:3 Evidence of Intent. In any such civil action, any of the follow- 
ing shall be prima facie evidence that the person making, drawing or issuing 
the check, draft or order did so willfully with an intention to defraud: 

I. Proof that at the time of issuance, the maker, drawer or issuer did 
not have the account with the depositary upon which the check, draft or 
order was made or drawn or did not have sufficient funds in his account or 
credit with the depositary for payment in full of the check, draft or order, 
and that he failed within ten days after receiving notice of nonpayment or 
dishonor to pay the check, draft or order; or 

II. Proof that when presentment was made within a reasonable time, 
the maker, drawer or issuer did not have the account with the depositary 
upon which the check, draft or order was drawn or made or did not have 
sufficient funds in such account or credit with such depositary for payment 
in full of the check, draft or order, and that he failed within ten days after 
receiving notice of nonpayment or dishonor to pay the check, draft or order. 

544-A:4 Notice of Nonpayment. "Notice" as used in RSA 544-A:3 means 
notice given to the maker, drawer or issuer of the check, draft or order, 
either in person or in writing. Such notice in writing shall be conclusively 
presumed to have been given when properly deposited in the United States 
mails, postage prepaid, by certified or registered mail, return receipt re- 
quested, and addressed to such maker, drawer or issuer at his address as it 
appears on the check, draft or order or at his last known address. 

308:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 309. 

AN ACT PERMITTING THE PURCHASE OF FIREARMS IN CONTIGUOUS STATES. 

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

309:1 New Chapter. Amend RSA by inserting after chapter 159 the 
following new chapter: 

Chapter 159-A 
Purchase of Shotguns and Rifles 

159-A:1 Purchase in Contiguous States. Residents of the state of New 
Hampshire may purchase rifles and shotguns in a state contiguous to the 
state of New Hampshire, provided that such residents conform to the ap- 
plicable provisions of the Gun Control Act of 1968, and regulations there- 
under, as administered by the United States Secretary of the Treasury, and 



1969] Chapter 310 337 

provided further that such residents conform to the provisions of law ap- 
plicable to such purchase in the state of New Hampshire and in the con- 
tiguous state in which the purchase is made. 

159-A:2 Purchase by Nonresidents. Residents of a state contiguous to 
the state of New Hampshire may purchase rifles and shotguns in the state of 
New Hampshire, provided that such residents conform to the applicable 
provisions of the Gun Control Act of 1968, and regulations thereunder, as 
administered by the United States Secretary of the Treasury, and provided 
further that such residents conform to the provisions of law applicable to 
such purchase in the state of New Hampshire and in the state in which such 
persons reside. 

309:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 310. 

AN ACT RELATIVE TO CONFLICT OF INTEREST FOR CERTAIN PUBLIC OFFICIALS. 

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

310:1 Public Officials. Amend RSA 95:1 by striking out the same and 
inserting in place thereof the following: 95:1 Public Officials Barred From 
Certain Private Dealings. No person holding a public office, excepting only 
members of the general court, as such, in state or any political subdivision 
governmental service shall, by contract or otherwise, except by open com- 
petitive bidding, buy real estate, sell or buy goods, commodities, or other 
personal property of a value in excess of twenty-five dollars at any one sale 
to or from the state or political subdivision under which he holds his public 
office. 

310:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 311. 

AN ACT ESTABLISHING AN INTERIM COMMITTEE TO STUDY MEANS BY WHICH MAN- 
MADE PITS IN THE EARTH MAY BE PLANED OFF SO AS TO PREVENT HAZARDOUS AREAS. 

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

311:1 Coinmittee Established. A special interim committee is hereby 
established to study the problem of hazardous man-made pits in the earth. 



338 Chapter 312 [1969 

and to determine the feasibility of planing off the pits to prevent such 
hazardous conditions. The committee shall consist of three members of the 
house resources, recreation, and development committee, to be appointed 
by the chairman. The members of the committee shall report back to the 
1971 legislature with drafted recommendations of their findings. 

311:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 312. 

AN ACT ADOPTING THE UNIFORM TRUSTEES' POWERS ACT. 

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

convened: 

312:1 New Chapter. Amend RSA by inserting after chapter 564 the 
following new chapter: 

Chapter 564-A 
Uniform Trustees' Powers Act 
564-A: 1 Definitions. As used in this chapter: 

I. "Trust" means an express trust created by a trust instrument, in- 
cluding a will, whereby a trustee has the duty to administer a trust asset for 
the benefit of a named or otherwise described income or principal bene- 
ficiary, or both; "trust" does not include a resulting or constructive trust, a 
business trust which provides for certificates to be issued to the beneficiary, 
an investment trust, a voting trust, a security instrument, a trust created by 
the judgment or decree of a court, a liquidation trust, or a trust for the 
primary purpose of paying dividends, interest, interest coupons, salaries, 
wages, pensions or profits, or employee benefits of any kind, an instrument 
wherein a person is nominee or escrowee for another, a trust created in de- 
posits in any financial institution, or other trust the nature of which does 
not admit of general trust administration; 

II. "Trustee" means an original, added, or successor trustee; 

III. "Prudent man" means a trustee whose exercise of trust powers is 
reasonable and equitable in view of the interests of income or principal 
beneficiaries, or both, and in view of the manner in which men of ordinary 
prudence, diligence, discretion, and judgment would act in the management 
of their own affairs. 

564-A:2 Powers of Trustee Conferred by Trust or Law. 

I. The trustee has all powers conferred upon him by the provisions of 
this chapter unless limited in the trust instrument. 

II. An instrument which is not a trust within the meaning of section 1 
may incorporate any part of this chapter by reference. 

564-A:3 Powers of Trustees Conferred by this Chapter. 



1969] Chapter 312 339 

I. From time of creation of the trust until final distribution of the 
assets of the trust, a trustee has the power to perform, without court authori- 
zation, every act which a prudent man would perform for the purposes of 
the trust including but not limited to the powers specified in paragraph HI. 

II. In the exercise of his powers including the powers granted by this 
chapter, a trustee has a duty to act with due regard to his obligation as a 
fiduciary including a duty not to exercise any power under this chapter in 
such a way as to deprive the trust of an otherwise available tax exemption, 
deduction or credit for tax purposes or deprive a donor of a trust asset of a 
tax exemption, deduction or credit or operate to impose a tax upon a donor 
or other person as owner of any portion of the trust. "Tax' 'includes, but is 
not limited to, federal, state or local income, gift, estate, or inheritance tax. 

III. A trustee has the power, subject to paragraphs I and II: 

(a) to collect, hold, and retain trust assets received from a trustor 
until, in the judgment of the trustee, dispostion of the assets should be 
made; and the assets may be retained even though they include an asset in 
which the trustee is personally interested; 

(b) to receive additions to the assets of the trust; 

(c) to continue or participate in the operation of any business or other 
enterprise, and to effect incorporation, dissolution, or other change in the 
form of the organization of the business or enterprise; 

(d) to acquire an undivided interest in a trust asset in which the 
trustee, in any trust capacity, holds an undivided interest; 

(e) to invest and reinvest trust assets in accordance with the provi- 
sions of the trust or as provided by law; 

(f) to deposit trust funds in a bank, including a bank operated by the 
trustee; 

(g) to acquire or dispose of an asset, for cash or on credit, at public or 
private sale; and to manage, develop, improve, exchange, partition, change 
the character of, or abandon a trust asset or any interest therein; and to 
encumber, mortgage, or pledge a trust asset for a term within or extending 
beyond the term of the trust, in connection with the exercise of any power 
vested in the trustee; 

(h) to make ordinary or extraordinary repairs or alterations in build- 
ings or other structures, to demolish any improvements, to raze existing or 
erect new party walls or buildings; 

(i) to subdivide, develop, or dedicate land to public use; or to make or 
obtain the vacation of plots and adjust boundaries; or to adjust differences 
in valuation on exchange or partition by giving or receiving consideration; 
or to dedicate easements to public use without consideration; 

(j) to enter into a lease as lessor or lessee with or without option to 
purchase or renew for a term within or extending beyond the term of the 
trust for any purpose; 

(k) to enter into a lease or arrangement for exploration and removal 
of minerals or other natural resources or enter into a pooling or unitization 
agreement; 

(1) to grant an option involving disposition of a trust asset, or to take 
an option for the acquisition of any asset; 



340 Chapter 312 [1969 

(m) to vote a security, in person or by general or limited proxy; 

(n) to pay calls, assessments, and any other sums chargeable or accru- 
ing against or on account of securities; 

(o) to sell or exercise stock subscription or conversion rights; to con- 
sent, directly or through a committee or other agent, to the reorganization, 
consolidation, merger, dissolution, or liquidation of a corporation or other 
business enterprise; 

(p) to hold a security in the name of a nominee or in other form with- 
out disclosure of the trust, so that title to the security may pass by delivery; 
the trustee is liable for any act of the nominee in connection with the stock 
so held; 

(q) to insure the assets of the trust against damage or loss, and the 
trustee against liability with respect to third persons; 

(r) to borrow money to be repaid from trust assets or otherwise; to 
advance money for the protection of the trust, and for all expenses, losses 
and liabilities sustained in the administration of the trust or because of the 
holding or ownership of any trust assets, for which advances with any in- 
terest the trustee has a lien on the trust assets as against the beneficiary; 

(s) to pay or contest any claim; to settle a claim by or against the trust 
by compromise, arbitration, or otherwise; and to release, in whole or in 
part, any claim belonging to the trust to the extent that the claim is un- 
collectible; 

(t) to pay taxes, assessments, compensation of the trustee, and other 
expenses incurred in the collection, care, administration, and protection of 
the trust; 

(u) to allocate items of income or expense to either trust income or 
principal, as provided by law, including creation of reserves out of income 
for depreciation, obsolescence, amortization, or for depletion in mineral or 
timber properties; 

(v) to pay any sum distributable to a beneficiary under legal disability, 
without liability to the trustee, by paying the sum to the beneficiary or by 
paying the sum for the use of the beneficiary either to a legal representative 
appointed by the court, or if none, to a relative; 

(w) to effect distribution of property and money in divided or un- 
divided interests and to adjust resulting differences in valuation; 

(x) to employ persons, including attorneys, auditors, investment ad- 
visors, or agents, even if they are associated with the trustee, to advise or 
assist the trustee in the performance of his administrative duties; to act 
without independent investigation upon their recommendations; and in- 
stead of acting personally, to employ one or more agents to perform any act 
of administration, whether or not discretionary; 

(y) to prosecute or defend actions, claims or proceedings for the pro- 
tection of trust assets and of the trustee in the performance of his duties; 

(z) to execute and deliver all instruments which will accomplish or 
facilitate the exercise of the powers vested in the trustee. 

564-A:4 Trustee's Office Not Transferable. The trustee shall not trans- 
fer his office to another or delegate the entire administration of the trust to 
a cotrustee or another. 



1969] Chapter 312 341 

564-A:5 Power of Court to Permit Deviation or to Approve Trans- 
actions Involving Conflict of Interest. 

I. This chapter does not affect the power of a court of competent 
jurisdiction for cause shown and upon petition of the trustee or affected 
beneficiary and upon appropriate notice to the affected parties to relieve a 
trustee from any restrictions on his power that would otherwise be placed 
upon him by the trust or by this chapter. 

II. If the duty of the trustee and his individual interest or his interest as 
trustee of another trust, conflict in the exercise of a trust power, the power 
may be exercised only by court authorization (except as provided in sub- 
paragraphs (a) , (d) , (f) , (r) and (x) of section 3, III) upon petition of 
the trustee. For purposes of this section, in the case of a corporate trustee 
personal profit or advantage to an affiliated or subsidiary company or asso- 
ciation is personal profit to the trustee. 

564-A:6 Powers Exercisable by Joint Trustees; Liability. 

I. Any power vested in three or more trustees may be exercised by a 
majority, unless the instrument or authority creating the trust shall other- 
wise provide, but a trustee who has not joined in exercising a power is not 
liable to the beneficiaries or to others for the consequences of the exercise; 
and a dissenting trustee is not liable for the consequences of an act in which 
he joins at the direction of the majority of the trustees, if he expressed his 
dissent in writing to any of his cotrustees at or before the time of the joinder. 

II. If two or more trustees are appointed to perform a trust, and one 
or more of them for any reason is unable to, or refuses to accept the appoint- 
ment, or, having accepted, ceases to be a trustee, the surviving or remaining 
trustees shall perform the trust and succeed to all the powers, duties, and 
discretionary authority given to the trustees jointly. 

III. This section does not excuse a cotrustee from liability for failure 
either to participate in the administration of the trust or to attempt to 
prevent a breach of trust. 

564-A:7 Third Persons Protected in Dealing with Trustee. With re- 
spect to a third person dealing with a trustee or assisting a trustee in the 
conduct of a transaction, the existence of trust powers and their exercise by 
the trustee may be assumed without inquiry. The third person is not bound 
to inquire whether the trustee has power to act or is properly exercising the 
power, and a third person, without actual knowledge that the trustee is 
exceeding his powers or improperly exercising them, is fully protected in 
dealing with the trustee as if the trustee possessed and properly exercised 
the powers he purports to exercise. A third person is not bound to assure 
the proper application of trust assets paid or delivered to the trustee. 

564-A:8 Applicability of Chapter. Except as specifically provided in 
the trust, the provisions of this chapter apply to any trust established after 
the effective date of this chapter and to any trust asset acquired by the 
trustee after the effective date of this chapter. 

564-A:9 Uniformity of Interpretation. This chapter shall be construed 
to effectuate its general purpose to make uniform the law of those states 
which enact it. 



342 Chapter 313 [1969 

564-A:10 Title. This chapter may be cited as the "Uniform Trustees' 
Powers Act." 

564-A:ll Severability. If any provision of this chapter or the application 
thereof to any person or circumstance is held invalid, the invalidity does 
not affect other provisions or applications of the chapter which can be given 
effect without the invalid provision or application, and to this end the pro- 
visions of this chapter are severable. 

312:2 Repeal. RSA 564:3 relative to trustees is hereby repealed. 

312:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 313. 

AN ACT RELATIVE TO TRESPASSES ON PRIVATE PROPERTY. 

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

313:1 Notice to Public. Amend RSA 572 by inserting after section 16 
(supp) as amended by 1955, 176:2; 1959, 210:2; and 1961, 238:2 the follow- 
ing new section: 572:16-a Notice to Public. The requirements for notice 
referred to in sections 15 and 15-a and established in section 16 may be 
varied at the landowners discretion. In such a case, the notice shall be suf- 
ficient if it contains instead of the words "NO HUNTING OR TRESPASS- 
ING" one of the following: "NO TRESPASSING" or "NO HUNTING" or 
"NO FISHING" or "NO HUNTING OR FISHING". In all other aspects, 
said notice shall conform to the requirements set out in section 16. 

313:2 Effective Date. This act shall take effect sixty days after its pas- 
sage, 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 314. 

AN ACT TO ALLOW THE LIBELEE IN A DIVORCE ACTION TO CHANGE HER NAME. 

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

314:1 Name Change. Amend RSA 458:24 by inserting in line four after 
the word "marriage" the following (If the wife is the libelee in a libel for 
divorce, she may petition the court when the decree of divorce is granted to 
change her name to the name she bore before her last marriage. The court 
may grant said petition in its discretion) so that said section as amended 
shall read as follows: 458:24 Decree. In proceedings for divorce, when the 



1969] Chapter 315 343 

libelant shall have asked in the libel to have her name changed, the court 
may, when a divorce is decreed, decree the change of her name to that which 
she bore before her last marriage. If the wife is the libelee in a libel for 
divorce, she may petition the court when the decree of divorce is granted to 
change her name to the name she bore before her last marriage. The court 
may grant said petition in its discretion. 

314:2 EfFective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 315. 

AN ACT RELATIVE TO PROFESSIONAL ASSOCIATIONS. 

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

315:1 Professional Engineers. Amend RSA 294-A:5 (supp) as inserted 
by 1969, 111:1 by inserting in line six after the word "state" the following: 
(provided that a professional association of engineers shall submit at time 
of organization and annually thereafter to the secretary of state a certificate 
of authorization as set forth in RSA 319:32) so that said section as amended 
shall read as follows: 294-A:5 Annual Statement of Names and Addresses of 
Stockholders. A professional association shall, on or before April first of 
each year, furnish a statement to the secretary of state showing the names 
and post office addresses of all shareholders, and shall certify that all its 
stockholders are duly licensed or otherwise legally authorized to render 
professional service in this state, provided that a professional association of 
engineers shall submit at time of organization and annually thereafter to 
the secretary of state a certificate of authorization as set forth in RSA 319:32, 
This report shall be made on such form as shall be prescribed and furnished 
by the secretary of state, shall be signed by the president or vice president 
and the secretary or an assistant secretary of the association, acknowledged 
and sworn to before a notary public by the persons signing the report, and 
shall be filed in the office of the secretary of state. 

315:2 Effective Date. This act shall take effect on July 5, 1969, 
[Approved June 30, 1969.] 
[Effective date July 5, 1969.] 



CHAPTER 316. 

AN ACT TO INCREASE THE MINIMUM COVERAGE OF MOTOR VEHICLE 
LIABILITY INSURANCE. 

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



344 Chapter 316 [1969 

316:1 Minimums Increased. Amend RSA 268:1 VII as amended by 
1955, 76:1, by striking out in line fifteen the word "ten" and inserting in 
place thereof the word (fifteen) and by striking out in line eighteen the 
word "twenty" and inserting in place thereof the word (thirty ) so that said 
paragraph as amended shall read as follows: VII. "Motor Vehicle Liability 
Policy," a policy of liability insurance which provides: (a) indemnity for or 
protection to the insured and any person responsible to him for the opera- 
tion of the insured's motor vehicle, trailer, or semi-trailer who has obtained 
possession or control thereof with his express or implied consent, against 
loss by reason of the liability to pay damages to others for damage to prop- 
erty, except property of others in charge of the insured or his employees, or 
bodily injuries, including death at any time resulting therefrom, accidentally 
sustained during the term of said policy by any person other than the in- 
sured, or employees of the insured actually operating the motor vehicle or 
such other person responsible as aforesaid who are entitled to payments or 
benefits under the provisions of any workmen's compensation act, arising 
out of the ownership, operation, maintenance, control, or use within the 
limits of the United States of America or the Dominion of Canada of such 
motor vehicle, trailer or semi-trailer, to the amount or limit of at least 
fifteen thousand dollars on account of injury to or death of any one person, 
and subject to such limits as respects injury to or death of one person, of at 
least thirty thousand dollars on account of any one accident resulting in 
injury to or death of more than one person, and of at least five thousand 
dollars for damage to property of others, as herein provided, or a binder 
pending the issue of such a policy or an endorsement to an existing policy, 
as defined in sections 15, 16, and 18, and (b) which further provides in- 
demni'iy for or protection to the named insured and to the spouse of such 
named insured as insured if a resident of the same household, or the private 
chauffeur or domestic servant acting within the scope of the employment of 
any such insured with respect to the presence of any such insured in any 
other motor vehicle, from liability as a result of accidents which occur in 
New Hampshire due to the operation of any motor vehicle, trailer, or semi- 
trailer not owned in whole or in part by such insured, provided, however, 
the insurance afforded under this subparagraph (b) applies only if no other 
valid and collectible insurance is available to the insured. 

316:2 Satisfaction of Judgment for Injury to One Person. Amend RSA 
268:10 I as amended by 1955, 76:2, by striking out in line one the word 
"ten" and inserting in place thereof the word (fifteen) so that said para- 
graph as amended shall read as follows: I. When fifteen thousand dollars 
has been credited upon any judgment or judgments rendered in excess of 
that amount because of bodily injury to or death of one person as the result 
of any one accident; or 

316:3 Satisfaction of Judgment for Injury to Two or More Persons. 

Amend RSA 268:10 II as amended by 1955, 76:2 by striking out in line one 
the word "ten" and inserting in place thereof the word (fifteen) and by 
striking out in line two the word "twenty" and inserting in place thereof 
the word (thirty) so that said paragraph as amended shall read as follows: 
II. When, subject to such limit of fifteen thousand dollars because of bodily 
injury to or death of one person, the sum of thirty thousand dollars has been 



1969] Chapter 317 345 

credited upon any judgment or judgments rendered in excess of that amount 
because of bodily injury to or death of two or more persons as the result of 
any one accident; or 

316:4 Limits Increased. Amend RSA 268:19 as amended by 1955, 76:3 
by striking out in line five the word "ten" and inserting in place thereof the 
word (fifteen) and by striking out in line seven the word "twenty" and in- 
serting in place thereof the word (thirty) so that said section as amended 
shall read as follows: 268:19 Amount of Proof of Financial Responsibility. 
Proof of financial responsibility shall mean proof of ability to respond in 
damages for any liability thereafter incurred, as a result of accidents which 
occur in New Hampshire, arising out of the ownership, maintenance, con- 
trol, or use of a motor vehicle, trailer, or semi-trailer in the amount of fifteen 
thousand dollars because of bodily injury or death to any one person, and 
subject to said limit respecting one person, in the amount of thirty thou- 
sand dollars because of bodily injury to or death to two or more persons in 
any one accident, and in the amount of five thousand dollars because of 
injury to and destruction of property in any one accident. Whenever re- 
quired under this chapter such proof in such amounts shall be furnished 
for each motor vehicle, trailer, or semi-trailer registered by such person. 

316:5 Effective Date. This act shall take effect on January 1, 1970. 
[Approved June 30, 1969.] 
[Effective date January 1, 1970.] 



CHAPTER 317. 

AN ACT RELATIVE TO SEARCH WARRANTS. 

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

317:1 Search Warrants. Amend RSA by inserting after chapter 595 the 
following new chapter: 

Chapter 595-A 
Search Warrants 

595-A: 1 Issuance of Search Warrants; Purposes. A search warrant au- 
thorized by this chapter may be issued by any justice, associate justice or 
.special justice of the municipal, district or superior courts to search for and 
seize any property which is (a) stolen, embezzeled or fraudulently obtained; 
or (b) designed or intended for use or which is or has been used as the 
means of committing a criminal offense; or (c) contraband; or (d) evidence 
of the crime to which the probable cause upon which the search warrant 
is issued relates. 

595-A:2 Requisites of Warrant. Search warrants shall designate or de- 
scribe the person, building, vessel, or vehicle to be searched and shall par- 
ticularly describe the property or articles to be searched for. They shall be 
substantially in the form prescribed in section 3 of this chapter and shall be 
directed to a sheriff or his deputy or to a constable or police officer, com- 



346 Chapter 317 [1969 

manding him to search in the daytime, or if the warrant so directs, in the 
nighttime, the person, building, vessel, or vehicle where the property or 
articles for which he is required to search are believed to be concealed, and 
to bring such property or articles when found, and the persons in whose 
possession they are found, before a court having jurisdiction. 

595-A:3 Form of Warrant. The warrant shall be in substantially the 
following form: 

The State of New Hampshire 
(County), ss. (Name) Court. 

To the Sheriffs of our several counties, or their deputies, any State Police 
Officer, or any Constable or Police Officer of any city or town, within our 
said State. 

Proof by affidavit (supplemented by oral statements under oath) having 
been made this day before (name of person authorized to issue warrant) by 
(names of person or persons whose affidavits have been taken) that there is 
probable cause for believing that (certain property has been stolen, em- 
bezzled, or fraudulently obtained; certain property is intended for use or 
has been used as the means of committing a crime; contraband; evidence 
of the crime to which the probable cause upon which the search warrant is 
issued relates.) 

We therefore command you in the daytime (or at any time of the day 
or night) to make an immediate search of (identify premises) (occupied by 
A.B.) and (of the person of A.B.) and of any person present who may be 
found to have such property in his possession or under his control or to 
whom such property may have been delivered, for the following property: 

(description of property) 
and if you find any such property or any part thereof to bring it and the 
persons in whose possession it is found before (court having jurisdiction) 
at (name of court and location). 

Dated at (city or town) this day of , 

19 

595-A:4 Affidavit in Support of Application for Warrant; Contents and 
Form. A person seeking a search warrant shall appear personally before a 
court or justice authorized to issue search warrants in criminal cases and 
shall give an affidavit in substantially the form hereinafter prescribed. Such 
affidavit shall contain facts, information, and circumstances upon which 
such person relies to establish probable cause for the issuance of the warrant 
and such affidavit may be supplemented by oral statements under oath for 
the establishment of probable cause. The person issuing the warrant shall 
retain the affidavit and shall make notes, personally, of the substance, or 
arrange for a transcript, of any oral statements under oath supplementing 
the affidavit. The person issuing the search warrant shall deliver the affi- 
davit and the notes or transcript within three days after the issuance of the 
warrant to the court to which the warrant is returnable. Upon the return 
of said warrant, the affidavit and the notes or transcript shall be attached 
to it and shall be filed therewith, and they shall be a public document when 
the warrant is returned, unless otherwise ordered by a court of record. 



1969] Chapter 317 347 

The affidavit in support of the application for a search warrant shall be 
in substantially the following form: 

The State of New Hampshire 
(County), ss. (Name) Court 

, 19 . 

I, (name of applicant) being duly sworn, depose and say: 

1. I am (describe position, assignment, office, etc.). 

2. I have information, based upon (describe source, facts indicating 
reliability of source and nature of information; if based on personal knowl- 
edge, so state). 

3. Based upon the foregoing reliable information (and upon my per- 
sonal knowledge) there is probable cause to believe that the property here- 
inafter described (has been stolen, etc.) and may be found (in the possession 
of A.B. or any other person) at premises (identify). 

4. The property for which I seek the issuance of a search warrant is 
the following: (here describe the property as particularly as possible). 

Wherefore, I request that the court issue a warrant and order of seizure, 
authorizing the search of (identify premises and the persons to be searched) 
and directing that if such property or evidence or any part thereof be found 
that it be seized and brought before the court; together with such other and 
further relief that the court may deem proper. 



Name. 

Then personally appeared the above named and made 

oath that the foregoing affidavit by him subscribed is true. 

Before me this day of , 19 



Justice of the Court 

595-A:5 Receipt, Inventory, and Return. The officer taking property 
under the warrant shall give to the person from whom, or from whose 
premises, the property was taken a copy of the warrant and a receipt for 
the property taken, or shall leave the copy and receipt at the place from 
which the property was taken. The return shall be made promptly and 
shall be accompanied by a written inventory of any property taken. The 
inventory shall be made in the presence of the applicant for the warrant 
and the person from whose possession or premises the property was taken, 
if they are present, or in the presence of at least one creditable person other 
than the applicant for the warrant or the person from whose possession or 
premises the property was taken, and shall be verified by the officer. The 
justice of a court of record shall upon request deliver a copy of the inven- 
tory to the person from whom or from whose premises the property was 
taken and to the applicant for the warrant. The justice of a court of record 
shall attach to the warrant a copy of the return, inventory and all other 
papers in connection therewith and shall file them with the clerk of the 



348 Chapter 317 [1969 

court of record having jurisdiction. The return shall be in substantially the 
following form: 

Return 

I received the attached search warrant on , 19 , and 

have executed it as follows: 

On , 19 at o'clock M, I searched 

(the person) (the premises) described in the warrant and I left a copy of 
the warrant with (name of person searched or owner) at (the place of search) 
together with a receipt for the items seized. 

The following is an inventory of property taken pursuant to the war- 
rant: 



This inventory was made in the presence of 

and 

I swear that this inventory is a true and detailed account of all the 
property taken by me on the warrant 



Subscribed and sworn to and returned before me this day 

of 19 



Justice of the Peace 

595:A:6 Seizure, Custody and Disposition of Articles; Exceptions. If 

an officer in the execution of a search warrant finds property or articles 
therein described, he shall seize and safely keep them, under the direction 
of the court or justice, so long as necessary to permit them to be produced 
or used as evidence in any trial. As soon as may be, thereafter, all property 
seized under section 1 (a) shall be restored to the owners thereof; and all 
other property seized in execution of a search warrant shall be disposed of 
as the court or justice orders and may be forfeited and either sold or de- 
stroyed as the public interest requires in the discretion of the court or 
justice, and accordance with due process of law. 

Any property, the forfeiture and disposition of which is specified in any 
general or special law, shall be disposed of in accordance therewith. 

595-A:7 Time for Return of Warrant. Every officer to whom a warrant 
to search is issued shall return the same to the court by which it was issued 
as soon as it has been served and in any event not later than seven days from 
the date of issuance thereof, with a return of his doings thereon; provided, 
however, that a justice of the superior court may at any time receive affi- 
davits and issue search warrants returnable in seven days before a district 
or municipal court named in such warrant and in that event the oflicer 
shall make his return to such court as directed. 

595-A:8 Assistants. An officer executing a search warrant may take 
with him suitable assistants and suffer no others to be with him. 



1969] Chapter 318 349 

595-A:9 Scope and Definition. This chapter does not modify any act 
inconsistent with it, regulating search, seizure and the issuance and execu- 
tion of search warrants in circumstances for which special provision is made. 
The term "property" is used in this chapter to denote everything which is 
the subject of ownership. 

317:2 Repeal. RSA 595, relative to search warrants, is hereby repealed. 

317:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved June 30, 1969.] 
[Effective date August 29, 1969.] 



CHAPTER 318. 

AN ACT ESTABLISHING A HIGHER EDUCATIONAL BUILDING CORPORATION. 

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

318:1 New Chapter. Amend RSA by inserting after RSA 195-C (supp) 
as inserted by 1967, 154:1 the following new chapter: 

Chapter 195-D 
Higher Educational Building Corporation 

195-D: 1 Declaration of Policy. It is declared to be the policy of the 
state that for the benefit of the people of the state, the increase of their 
commerce, welfare, and prosperity and the improvement of their health 
and living conditions, it is essential that this and future generations of 
youths be given the fullest opportunity to learn and develop their intel- 
lectual and mental capacities; that it is essential that educational institu- 
tions within the state be provided with appropriate additional means to 
assist such youths in achieving the required levels of learning and develop- 
ment of their intellectual and mental capacities; that it is essential that 
powers be conferred on the New Hampshire Higher Educational Building 
Corporation as will assure the successful completion of projects to be initi- 
ated by the corporation so as to accomplish the purposes of this chapter all 
to the public benefit and good. It is further declared that the exercise by 
the corporation of the powers conferred on the corporation under this 
chapter will constitute the performance of an essential governmental 
function. 

195-D:2 Citation. This chapter may be referred to as and cited as the 
New Hampshire Higher Educational Building Corporation law. 

195-D:3 Definitions. As used in this chapter, the following words and 
terms have the following meanings, unless the context indicates another or 
different meaning or intent: 

I. "Corporation" means the New Hampshire Higher Educational 
Building Corporation created and established as a corporation and consti- 
tuted and established as a public body corporate and agency of the state 



350 Chapter 318 [1969 

under section 4 of this chapter, or any board, body, commission, depart- 
ment, or officer succeeding to the principal functions thereof or to whom 
the powers conferred upon the corporation by this chapter shall be given 
by law. 

II. "Project" means the building and equipping of any structure de- 
signed for use as a dormitory, dining facility, administration facility, library, 
classroom building, research facility or faculty office facility, or the building 
and equipping of any multipurpose structure designed to combine two or 
more of the functions performed by the types of structures enumerated 
above. This definition does not include such items as books, fuel, supplies, 
or other items which are customarily considered as a current operating 
charge. 

III. "Cost" as applied to a project or any portion thereof financed un- 
der the provisions of this chapter embraces the cost of construction and 
acquisition of all lands, structures, property, real or personal, rights, rights 
of way, franchises, easements, and interests acquired by the corporation for 
a project; the cost of demolishing or removing any buildings or structures 
on land so acquired, including the cost of acquiring any lands to which 
such buildings or structures may be moved; the cost of all machinery and 
equipment, financing charges, interest prior to and during construction 
and, if judged advisable by the corporation, for a period after completion 
of such construction; provisions for working capital; reserves for principal 
and interest and for extensions, enlargements, additions and improvements; 
cost of engineering, financial and legal services, plans, specifications, studies, 
surveys, estimates of cost and of revenues; administrative expenses; expenses 
necessary or incident to determining the feasibility or practicability of con- 
structing the project; and such other expenses necessary or incident to the 
construction and acquisition of the project, the financing of such construc- 
tion, and acquisition and the placing of the project in operation. 

IV. "Bonds" or the words "revenue bonds" means revenue bonds of 
the corporation issued under the provisions of this chapter, including reve- 
nue refunding bonds, notwithstanding that the same may be secured by 
the mortgage or the full faith and credit of a participating institution for 
post-secondary education or higher education or any other lawfully pledged 
security of a participating institution for post-secondary or higher edu- 
cation. 

V. "Institution for post-secondary education or higher education" 
means an educational institution situate within the state which by virtue 
of law or charter is a public or other nonprofit educational institution em- 
powered to provide a program of education beyond the high school level 
and awards a bachelor's degree or provides a program of not less than two 
years' duration which is accepted for full credit toward a bachelor's degree. 
Said definition shall not mean or include the university of New Hampshire, 
Plymouth state college or Keene state college. 

VI. "Participating institution for higher education" means an institu- 
tion for post-secondary education or higher education which, pursuant to 
the provisions of this chapter undertakes the financing and construction 
or acquisition of a project or undertakes the refunding or refinancing of 



1969] Chapter 318 351 

bonds or of a mortgage or of advances as provided in and permitted by this 
chapter. 

195-D:4 New Hampshire Higher Educational Building Corporation 
Constituted Public Body Corporate and Agency of the State. 

I. The New Hampshire Higher Educational Building Corporation, is 
created as a corporation and is constituted and established as a public body 
corporate and agency of the state for the exercising of the powers conferred 
on the corporation by this chapter. 

II. All of the powers of the corporation are vested in a board of di- 
rectors of five members appointed by the governor and council each in the 
first instance for terms of one, two, three, four, and five years ending on 
June thirtieth of each year. Successors to the members of the board of di- 
rectors shall be appointed by the governor and council as follows: prior 
to the month of June in each year, commencing in the year 1970, the gov- 
ernor and council shall appoint a member to serve on the board of directors 
for a term of five years to succeed the member whose term will expire in 
June of such year. If a vacancy occurs in the membership of the board of 
directors, the governor and council shall appoint a new member for the 
unexpired term. Any member of the board of directors is eligible for re- 
appointment. 

III. Each member of the board of directors, before entering upon his 
duties, shall take an oath to administer the duties of his office faithfully and 
impartially, and such oath shall be filed in the office of the secretary of state. 

IV. The board of directors shall elect one of its members as chairman, 
another as vice chairman, and shall also elect a secretary, who need not 
be a member of the board. Three members of the board of directors con- 
stitute a quorum, and the vote of three members of the board of directors 
is necessary for any action taken by the corporation. A vacancy in the mem- 
bership of the board of directors of the corporation does not impair the right 
of a quorum to exercise all the powers and perform the duties of the cor- 
poration. 

V. Any action taken by the corporation under the provisions of this 
chapter may be authorized by resolution at any regular or special meeting, 
and each such resolution shall take effect immediately and need not be 
published or posted. However, any action taken that directly affects any 
institution by name is not effective as to that institution until notice of the 
action has been delivered to the institution, by mail or otherwise. 

VI. The members of the board of directors and the officers of the cor- 
poration shall not receive any compensation for the performance of their 
duties under this chapter, but each such member or officer shall be paid 
his necessary expenses incurred while in the performance of such duties. 
These expenses are part of the expenses authorized by section 5 of this chap- 
ter, to be a charge as an administration cost. 

195-D:5 General Grant of Powers. The corporation has the following 
powers, together with all powers incidental thereto or necessary for the 
performance of those hereinafter stated: 

I. to have perpetual succession as a public body corporate and agency 



352 Chapter 318 [1969 

of the state and to adopt by-laws for the regulation of its affairs and the 
conduct of its business; 

II. to sue and be sued, plead and be impleaded; 

III. to adopt an official seal and alter the same at pleasure; 

IV. to maintain an office at such place or places as it may designate; 

V. to determine the location and character of any project to be fi- 
nanced under the provisions of this chapter, and to construct, reconstruct, 
maintain, repair, operate, lease, as lessee or lessor, and to regulate the same; 
to enter into contracts for any or all of such purposes; to enter into con- 
tracts for the management and operation of a project; and to designate a 
participating institution for higher education as its agent to determine the 
location and character of a project undertaken by such participating in- 
stitution for higher education under the provisions of this chapter as its 
agent to construct, reconstruct, maintain, repair, operate, lease, as lessee or 
lessor, and regulate the same; and as its agent to enter into contracts for 
any or all of such purposes, including contracts for the management and 
operation of such projects; 

VI. to issue bonds, bond anticipation notes and other obligations of 
the corporation for any of its corporate purposes, and to fund or refund 
the same all as provided in this chapter; 

VII. generally, to fix and revise from time to time and charge and 
collect rates, rents, fees and charges for the use of and for the services fur- 
nished or to be furnished by a project or any portion thereof; 

VIII. to establish rules and regulations for the use of a project or any 
portion thereof and to designate a participating institution for higher edu- 
cation as its agent to establish rules and regulations for the use of a project 
undertaken by such participating institution for higher education; 

IX. to employ consulting engineers, architects, attorneys, accountants, 
construction and financial experts, superintendents, managers, and such 
other employees and agents as are necessary in its judgment, and to fix their 
compensation; 

X. to receive and accept from any public agency loans or grants for 
or in aid of the construction of a project or any portion thereof, and to 
receive and accept loans, grants, aid, or contributions from any source of 
either money, property, labor, or other things of value, to be held, used, 
and applied only for the purposes for which such loans, grants, aid, and 
contributions are made; 

XI. to mortgage any project and the site thereof for the benefit of the 
holders of revenue bonds issued to finance the project; 

XII. to make loans to any participating institution for higher educa- 
tion for the construction of a project in accordance with an agreement be- 
tween the corporation and the participating institution for higher education. 
However, no such a loan shall exceed the total cost of construction and 
equipment of the project as determined by the participating institution for 
higher education and approved by the corporation; 

XIII. to make loans to a participating institution for higher educa- 



1969] Chapter 318 353 

tion to refund outstanding bonds, mortgages, or advances issued, made or 
given by such participating institution for liigher education for the con- 
struction of a project to the extent that such loan will enable such partici- 
pating institution for higher education to undertake additional projects; 

XIV. to charge to and equitably apportion between participating in- 
stitutions for higher education its administrative costs and expenses incurred 
in the exercise of the powers and duties conferred by this chapter; 

XV. to accept any gifts or grants or loans of funds or property or finan- 
cial or other aid in any form from the federal government or any agency 
or instrumentality thereof or from the state or any agency or instrumen- 
tality thereof or from any other source, and to comply, subject to the pro- 
visions of this act, with the terms and conditions thereof; and 

XVI. to do all things necessary or convenient to carry out the purposes 
of this chapter. 

195-D:6 Acquisition of Property. The corporation is authorized and 
empowered to acquire by purchase, gift or devise, solely from funds provided 
under the authority of this chapter, such lands, structures, property, real 
or personal, rights, rights of way, franchises, easements and other interests 
in lands, including lands lying under water and riparian rights, which are 
located within or without the state as it judges necessary or convenient for 
the construction or operation of a project, upon such terms and at such 
prices as considered by it to be reasonable and can be agreed upon between 
it and the owner thereof, and to take title thereto in the name of the cor- 
poration. 

I95-D:7 Title to Projects. I. When the principal of and interest on 
revenue bonds of the corporation issued to finance the construction and 
acquisition of a particular project or projects at a participating institution 
for higher education, including any revenue refunding bonds issued to 
refund and refinance such revenue bonds, have been fully paid and retired 
or when adequate provision has been made to fully pay and retire the same, 
and all other conditions of the resolution or trust agreement authorizing 
and securing the same has been satisfied and the lien of such resolution or 
trust agreement has been released in accordance with the provisions there- 
of, the corporation shall promptly do such things and execute such deeds 
and conveyances as are necessary and required to convey title to such project 
or projects to such participating institution for higher education, free and 
clear of all liens and encumbrances, all to the extent that title to such project 
or projects is not, at the time, then vested in such participating institution 
for higher education. 

195-D:8 Notes of the Corporation. The corporation has the power and 
is hereby authorized from time to time to issue its negotiable notes for any 
corporate purpose and renew from time to time any notes by the issuance 
of new notes, whether the notes to be renewed have or have not matured. 
The corporation may issue notes partly to renew notes or to discharge other 
obligations then outstanding and partly for any other purpose. The notes 
may be authorized, sold, executed and delivered in the same manner as 
bonds. Any resolution or resolutions authorizing notes of the corporation 
or any issue thereof may contain any provisions which the corporation is 



354 Chapter 318 [1969 

authorized to include in any resolution or resolutions authorizing revenue 
bonds of the corporation or any issue thereof, and the corporation may in- 
clude in any notes any terms, covenants or conditions which it is author- 
ized to include in any bonds. All such notes shall be payable solely from 
the revenues of the corporation, subject only to any contractual rights of 
the holders of any of its notes or other obligations then outstanding. 

195-D:9 Bonds of the Corporation. 

I. The corporation is authorized to issue its negotiable revenue bonds 
from time to time for the purpose of financing projects permitted hereby 
or any portion thereof, 

II. In anticipation of the sale of such revenue bonds the corporation 
may issue negotiable bond anticipation notes and may renew the same from 
time to time, but the maximum maturity of any such note, including re- 
newals thereof, shall not exceed five years from the date of issue of the 
original note. Such notes shall be paid from any revenues of the corpora- 
tion available therefor and not otherwise pledged, or from the proceeds of 
sale of the revenue bonds of the corporation in anticipation of which they 
were issued. The notes shall be issued in the same manner as the revenue 
bonds. Such notes and the resolution or resolutions authorizing the same 
may contain any provisions, conditions, or limitations which a bond resolu- 
tion of the corporation may contain. 

III. The revenue bonds and notes of every issue shall be payable solely 
out of revenues of the corporation, subject only to any agreements with the 
holders of particular revenue bonds or notes pledging any particular reve- 
nues. Notwithstanding that revenue bonds and notes may be payable from 
a special fund, if they are otherwise of such form and character as to be 
negotiable instruments under the terms of the negotiable instruments law 
of the state the revenue bonds and notes shall be and are hereby made nego- 
tiable instruments within the meaning of and for all purposes of the nego- 
tiable instruments law, subject only to the provisions of the revenue bonds 
and notes for registration. 

IV. The revenue bonds may be issued as serial bonds or as term bonds, 
or the corporation, in its discretion, may issue bonds of both types. The 
revenue bonds shall be authorized by resolution of the corporation and shall 
bear such date or dates, mature at such time or times, not exceeding 
forty years from their respective dates, bear interest at such rate or rates, 
shall be payable at such time or times, be in such denominations, be in such 
form, either coupon or registered, carry such registration privileges, be 
executed in such manner, be payable in lawful money of the United States 
of America at such place or places, and be subject to such terms of redempt- 
tion, as such resolution or resolutions provide. In the event that term bonds 
are issvied, the resolution authorizing the same may make such provisions 
for the establishment and management of adequate sinking funds for the 
payment thereof, as the corporation judges necessary. The revenue bonds 
or notes may be sold at public or private sale for such price or prices as 
the corporation determines. Pending preparation of the definitive bonds, 
the corporation may issue interim receipts or certificates which shall be 
exchanged for such definitive bonds. 



1969] Chapter 318 355 

V. Any resolution or resolutions authorizing any revenue bonds or 
any issue of revenue bonds may contain provisions, which shall be a part of 
the contract with the holders of the revenue bonds to be authorized, as to: 

(a) pledging all or any part of the revenues of a project or any reve- 
nue producing contract or contracts made by the corporation with any 
individual, partnership, corporation, or association or other body, public 
or private, to secure the payment of the revenue bonds or of any particular 
issue of revenue bonds, subject to such agreements with bondholders as 
then exist; 

(b) the rentals, fees, and other charges to be charged, and the amounts 
to be raised in each year thereby, and the use and disposition of the reve- 
nues; 

(c) the setting aside of reserves or sinking funds, and the regulation 
and disposition thereof; 

(d) limitations on the right of the corporation or its agent to restrict 
and regulate the use of the project; 

(e) limitations on the purpose to which the proceeds of sale of any 
issue of revenue bonds then or thereafter to be issued may be applied and 
pledging such proceeds to secure the payment of the revenue bonds or any 
issue of the revenue bonds; 

(f) limitations on the issuance of additional bonds; the terms upon 
which additional bonds may be issued and secured; the refunding of out- 
standing bonds; 

(g) the procedure, if any, by which the terms of any contract with 
bondholders may be amended or abrogated, the amount of bonds the holders 
of which must consent thereto, and the manner in which such consent may 
be given; 

(h) limitations on the amount of moneys derived from the project to 
be expended for operating, administrative or other expenses of the corpora- 
tion; 

(i) defining the acts or omissions to act which shall constitute a default 
in the duties of the corporation to holders of its obligations and providing 
the rights and remedies of such holders in the event of a default; 

(j) the mortgaging of a project and the site thereof for the purpose of 
securing the bondholders; 

(k) such other additional covenants, agreements, and provisions as 
are judged desirable or necessary by the corporation for the security of the 
holders of such bonds. 

VI. Neither the members of the corporation nor any person executing 
the revenue bonds or notes shall be liable personally on the revenue bonds 
or notes or be subject to any personal liability or accountability by reason 
of the issuance thereof. 

VII. The corporation has the power, out of any funds available there- 
for, to purchase its bonds or notes. The corporation may hold, pledge, cancel, 
or resell such bonds, subject to and in accordance with agreements with 
bondholders. 

195-D:10 Trust Agreement. In the discretion of the corporation, any 



356 Chapter 318 [1969 

revenue bonds issued under the provisions of this chapter may be secured by 
a trust agreement by and between the corporation and a corporate trustee 
or trustees, which may be any trust company or bank having the powers of a 
trust company within or without the state. Such trust agreement or the 
resolution providing for the isuance of such revenue bonds may pledge or 
assign the revenues to be received or proceeds of any contract or contracts 
pledged and may convey or mortgage the project or any portion thereof. 
Such trust agreement or resolution providing for the issuance of such revenue 
bonds may contain such provisions for protecting and enforcing the rights 
and remedies of the bondholders as are reasonable and proper and not in 
violation of law, including particularly such provisions as have been speci- 
fically authorized in this chapter to be included in any resolution or resolu- 
tions of the corporation authorizing revenue bonds thereof. It is lawful for 
any bank or trust company incorporated under the laws of the state which 
may act as depositary of the proceeds of bonds or of revenues or other 
moneys to furnish such indemnifying bonds or to pledge such securities as 
may be required by the corporation. Any such trust agreement may set 
forth the rights and remedies of the bondholders and of the trustee or 
trustees, and may restrict the individual right of action by bondholders. In 
addition to the foregoing, any such trust agreement or resolution may con- 
tain such other provisions as the corporation judges reasonable and proper 
for the security of the bondholders. All expenses incurred in carrying out 
the provisions of such trust agreement or resolution may be treated as a 
part of the cost of the operation of a project. 

195-D:1I Credit of State Not Pledged. Revenue bonds issued under 
the provisions of this chapter do not and shall not be construed to constitute 
a debt or liability of the state or of any municipality or political subdivision 
thereof or a pledge of the faith and credit of the state or of any such mu- 
nicipality or political subdivision. These revenue bonds are payable solely 
from the revenue funds provided by this chapter for their payment. All such 
revenue bonds shall contain on the face thereof a statement to the effect 
that neither the state nor the corporation are obligated to pay the same or 
the interest thereon except from revenues of the project or projects for 
which they are issued and that neither the faith and credit nor the taxing 
power of the state or of any municipality or political subdivision thereof is 
pledged to the payment of the principal of or the interest on such bonds. 
The issuance of revenue bonds under the provisions of this chapter shall not 
directly or indirectly or contingently obligate the state or any municipality 
or political subdivision thereof to levy or to pledge any form of taxation 
whatever therefor or to make any appropriation for their payment. 

195-D:12 Revenues. The corporation is authorized to fix, revise, charge, 
and collect rates, rents, fees and charges for the use of and for the services 
furnished or to be furnished by each project and to contract with any per- 
son, partnership, association or corporation, or other body, public or pri- 
vate, in respect thereof. Such rates, rents, fees and charges shall be fixed and 
adjusted in respect of the aggregate of rates, rents, fees and charges from 
such project so as to provide funds sufficient with other revenues, if any, (a) 
to pay the cost of maintaining, repairing, and operating the project and 
each and every portion thereof, to the extent that the corporation has not 



1969] 



Chapter 318 357 



otherwise adequately provided for the payment thereof, (b) to pay the 
principal of and the interest on outstanding revenue bonds of the corpora- 
tion issued in respect of such project as the same become due and payable, 
and (c) to create and maintain reserves required or provided for in any 
resolution authorizing, or trust agreement securing, such revenue bonds of 
the corporation. Such rates, rents, fees, and charges shall not be subject to 
supervision or regulation by any department, commission, board, body, 
bureau or agency of the state other than the corporation. A sufficient amount 
of the revenues derived in respect of a project, except such part of such 
revenues as may be necessary to pay the cost of maintenance, repair, and 
operation and to provide reserves and for renewals, replacements, exten- 
sions, enlargements, and improvements as may be provided for in the reso- 
lution authorizing the issuance of any revenue bonds of the corporation or 
in the trust agreement securing the same, shall be set aside at such regular 
intervals as may be provided in such resolution or trust agreement in a 
sinking or other similar fund which is hereby pledged to, and charged with, 
the payment of the principal of and the interest on such revenue bonds as 
the same become due, and the redemption price or the purchase price of 
bonds retired by call or purchase as therein provided. Such pledge shall be 
valid and binding from the time when the pledge is made; the rates, rents, 
fees and charges, and other revenues or other moneys so pledged and there- 
after received by the corporation are immediately subject to the lien of such 
pledge without any physical delivery thereof or further act, and the lien 
of any such pledge is valid and binding as against all parties having claims 
of any kind in tort, contract, or otherwise against the corporation, irrespec- 
tive of whether such parties have notice thereof. Neither the resolution nor 
any trust agreement by which a pledge is created need be filed or recorded 
except in the records of the corporation. The use and disposition of moneys 
to the credit of such sinking or other similar fund shall be subject to the 
provisions of the resolution authorizing the issuance of such bonds or of 
such trust agreement. Except as otherwise provided in such resolution or such 
trust agreement, such sinking or other similar fund shall be a fund for all 
such revenue bonds issued to finance projects at a particular institution for 
higher education without distinction or priority of one over another. How- 
ever, the corporation in any such resolution or trust agreement may provide 
that such sinking or other similar fund shall be the fund for a particular 
project at an institution for higher education and for the revenue bonds 
issued to finance a particular project and may, additionally, permit and 
provide for the issuance of revenue bonds having a subordinate lien in 
respect of the security herein authorized to other revenue bonds of the 
corporation and, in such case, the corporation may create separate sinking 
or other similar funds in respect of such subordinate lien bonds. 

195-D:13 Trust Funds. All moneys received pursuant to the authority 
of this chapter whether as proceeds from the sale of bonds or as revenues, 
are trust funds to be held and applied solely as provided in this chapter. 
Any officer with whom, or any bank or trust company with which, such 
moneys are deposited shall act as trustee of such moneys and shall hold and 
apply the same for the purposes of this chapter, subject to such regulations 
as this chapter and the lesolution authorizing the bonds of any issue or the 
trust agreement securing such bonds provide. 



358 Chapter 318 [1969 

195-D:14 Remedies. Any holder of revenue bonds issued under the 
provisions of this chapter or of any of the coupons appertaining thereto, 
and the trustee or trustees under any trust agreement, except to the extent 
the rights herein given may be restricted by any such resolution authorizing 
the issuance of, or any such trust agreement securing, such bonds, may, 
either at law or in equity, by suit, action, mandamus, or other proceedings, 
protect and enforce any and all rights under the laws of the state or granted 
under this chapter or under such resolution or trust agreement, and may 
enforce and compel the performance of all duties required by this chapter 
or by such resolution or trust agreement to be performed by the corporation 
or by any officer, employee, or agent thereof, including the fixing, charging, 
and collecting of the rates, rents, fees and charges authorized in this chapter 
and required by the provisions of such resolution or trust agreement to be 
fixed, established, and collected. 

195-D:15 Exemption from Taxation. The exercise of the powers grant- 
ed by this chapter will be in all respects for the benefit of the people of the 
state, for the increase of their commerce, welfare and prosperity, and for 
the improvement of their health and living conditions, and will constitute 
the performance of an essential governmental function, and neither the 
corporation nor its agent shall or may be required to pay any taxes or assess- 
ments upon or in respect of a project or any property acquired or used by 
the corporation or its agent under the provisions of this chapter, or upon 
the income therefrom, and any bonds isued under the provisions of this 
chapter, their transfer and the income therefrom including any profit made 
on the sale thereof, are at all times free from taxation of every kind by the 
state and by the municipalities and all other political subdivisions of the 
state. 

195-D:16 Revenue Refunding Bonds. 

I. The corporation is authorized to provide for the issuance of its 
revenue bonds for the purpose of refunding any revenue bonds of the corpo- 
ration then outstanding, including the payment of any redemption premium 
thereon and any interest accrued or to accrue to the earliest or subsequent 
date of redemption, purchase or maturity of such revenue bonds, and, if 
judged advisable by the corporation, for the additional purpose of paying 
all or any part of the cost of constructing and acquiring additions, i