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

NEW HAMPSHIRE 



LAWS 



of the 

SPECIAL SESSION OF 1966 

and 

LEGISLATURE OF 1967 




Published and distributed under the direction of 

Governor John W. King and Executive Council: 

Philip A. Robertson, Conway; Royal H. Edgerly, Rochester; 

Edward H. Cullen, Manchester; Fred Fletcher, Milford; 

James H. Hayes, Concord 



Published by the Secretary of State 



Umversity o: .\l-',v i. •.uupfihire 
Library 



\ 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED SPECIAL SESSION, 1966 

LEGISLATURE CONVENED JUNE 13, 1966 

ADJOURNED, JUNE 13, 1966 



LAWS 



of the 

STATE OF NEW HAMPSHIRE 

PASSED JANUARY SESSION, 1967 

LEGISLATURE CONVENED JANUARY 4, 1967 

ADJOURNED JULY 2, 1967 




CONCORD, N. H. 
1967 



A/H 



Printed by 

Evans Printing Company, Inc. 

Concord, N. H. 



STATE OFFICERS 



Governor Jol^" W. King 

Councilors Philip A. Robertson 

Royal H. Edgerly 
Edward H. Cullen 
Fred Fletcher 
James H. Hayes 

Secretary of State Robert L. Stark 

Deputy Secretary of State Edward C. Kelley 

Treasurer Robert W. Flanders 

Deputy State Treasurer Everand D. Young 

Adjutant General Francis B. McSwiney 

Comptroller Leonard S. Hill 

Director of Accounts Norval D. Lessels 

Director of Purchase and Property . Richard N. Peale 

Business Supervisor 

Assistant Busitiess Supervisors .... Arthur H. Fowler 

Frank E. Adams 
Director of Division of Records 

Management and Archives Edwin H. Hunt 

Aeronautics Director 

Agriculture Commissio?ier Frank T. Buckley 

State Entomologist James G. Conklin 

State Veterinarian Clarence B. Dearborn 

Milk Control Board William H. Craig 

John J. Chesleigh 
Leonard Gould, Jr. 

Attorney-General George S. Pappagianis 

Deputy Attorney-General William F. Cann 

Assistant Attorneys-General Henry F. Spaloss 

Norman E. D'Amours 
R. Peter Shapiro 
Irma A. Matthews 
Robert W. Moran 



Director of Charitable Trusts 

Bank Commissioner 

Deputy Bank Commissioner . 
Assistant Bank Commissioner 



Robert A. Danais 

Vincent P. Dunn 
James W. Nelson 
Arlan S. MacKnight 



VI 



State Officers 



Cayicer Commission Joseph W. Epply 

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

Civil Defense Director Francis B. McSwiney 

Education Commissioner Paul E. Farnum 

Director of New Hampshire Tech- 
nical Institutes and Chief, Divi- 
sion of Vocational Education . . . Neal D. Andrew 

Employment Security Commissioner . Benjamin C. Adams 

Fish and Game Director Jack F. Kamman 

Health and Welfare Commissioner . . Charles F. Whittemore 

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 Superiri- 

tendent Warren W. Burns, M.D. 

Laconia State School Superijitend- 

ent Arthur E. Toll 

Registrar of Vital Statistics Marian Maloon Colby 

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

Industrial School Superintendent . . . Michael Morello 

Prison (State) Warden Parker L. Hancock 

Insurance Commissioner Donald Knowlton 

Deputy Insurance Commissioner . . Simon M. Sheldon 

Judicial Council James L. Sullivan 

John H. Ramsey 
Robert E. Earley 
Frank R. Kenison 
John H. Leahy 
Robert W. Upton 
Maurice F. Devine 
Edward J. Gallagher 
H. Thornton Lorimer 

Labor Commissioner Robert M. Duvall 

Deputy Labor Commissioner Peter W. Collins 

Legislative Services Director Henry F. Goode 

Deputy Director Arthur G. Marx 



State Officers 

Librarian (State) Emil W. Allen, Jr. 

Assistant Librarian Elizabeth Ann Kingseed 

Liquor (State) Commission Arnold T. Clement 

James P. Nadeau 
Costas S. Tentas 

Personnel Commission Director Roy Y. Lang 

Deputy Director Howard Haman, Jr. 

Public Utilities Commission William J. Walker 

Gerard O. Bergevin 
Francis J. Riordan 

Public Works and Highways Commis- 
sioner John O. Morton 

Deputy Commissioner Robert H. Whitaker 

Assistant Commissioner John T. Flanders 

Racing (State) Commission Emmet J. Kelley 

Robert D. Philbrick 
Leon W. Anderson 

Resources and Economic Development 

Commissioner Roger J. Crowley, Jr. 

Director of Division of Resources 

Development William H. Messeck, Jr. 

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 J. 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 Highzuay Safety . Walter F. Mead 

State Buildings & Grounds Superin- 
tendent Arthur L. Petell, Jr. 

Sweepstakes Commission Director . . . Edward J. Powers 

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

Fire Marshal (State) Aubrey G. Robinson 

Tax Commission Lawton B. Chandler 

Oliver W. Marvin 
John B. Evans 



Vll 



viii Courts 

SUPREME COURT 

Chief Justice Frank R. Kenison 

Associate Justices Laurence I. Duncan 

Robert F. Griffith 
Edward J. Lampron 
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 
Huoh H. Bownes 



LEGISLATURE OF 1967 

SENATE 

President — Stewart Lamprey, Moultonborough 
Clerk — Benjamin F. Greer, Manchester 
Senate Recorder — Esther T. Hurd, Concord 
Sergeant-at-Arms — Ray Burton, Batli 
Messenger — Herbert Howe, Tilton 
Asst. Messenger — Merton Webber, Windham 
Doorkeeper — ^Richard Odell, Temple 



SENATORS 



Laurier Lamontagne, Berlin 
Wilfred J. Larty, Haverhill* 
Stewart Lamprey, Moultonborough 
Calvin J. Langford, Raymond 
Howard C. Townsend, Lebanon 
Edith B. Gardner, Gilford 
Nelson E. Howard, Franklin 
Harry V. Spanos, Newport 
John P. H. Chandler, Jr., Warner 
John R. Bradshaw, Keene 
Robert English, Hancock 
Creeley S. Buchanan, Amherst 



Richard W. Leonard, Nashua 
Richard D. Riley, Hooksett 
William P. Gove, Concord 
Lorenzo P. Gauthier, Manchester 
Henry P. Sullivan, Manchester 
Paul E. Provost, ALanchester 
Thomas Waterhoiise, Jr., Windham 
Lucien E. Bergeron, Rochester 
James Koromilas, Dover 
Thomas J. Claveau, Hudson 
Arthur Tufts, Exeter 
Eileen Foley, Portsmouth 



HOUSE OF REPRESENTATIVES 

Speaker — Walter R. Peterson, Jr., Peterborough 

Clerk — Francis W. Tolman, Nelson 

Assistant Clerk — J. Milton Street, Sharon 

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

Chaplain — Rev. Peter W. Floyd, Concord 

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

Assistant Mail Custodian — Edward G. Masi, Alexandria 

Doorkeeper — Bertha E. Boutwell, Concord 

Doorkeeper — Florence T. Gould, Wentworth's Location 

Doorkeeper — Randolph Milligan, Newbury 

Doorkeeper — Herbert R. Richardson, Randolph 

Doorkeeper — Mary T. Vey, Brentwood 



*Deceased. 



IX 



The Legislature of 1967 



BELKNAP COUNTY 



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

H. Thomas Uric, r and d, New Hamp- 
to 
Dist. No. 2 (Meredith) 

Stuart B. Allan, r, Meredith 

Nelson B. Piper, Jr., r, Meredith 
Dist. No. 3 (Sanbornton, Tilton) 

Olin A. Joslyn, r, Sanbornton 

Earle F. Randall, r, Tilton 
Dist. No. 4 (Gilford) 

Lawrence W. Guild, r, Gilford 
Dist. No. 5 (Belmont) 

Lyle N. Watson, r, Belmont 
Dist. No. 6 (Barnstead, Gilmanton) 

George B. Roberts, r, Gilmanton 



Dist. No. 7 (Alton) 

Kenneth W. Chamberlain, Sr., r, Alton 
Dist. No. 8 (Laconia, Ward 1) 

Romeo R. deBlois, r, Weirs Beach 

Walter D. McCarthy, r, Laconia 
Dist. No. 9 (Laconia, Ward 2) 

Ann G. Dearborn, d, Laconia 

Margaret E. Normandin, d, Laconia 
Dist. No. 10 (Laconia, Wards 3 & 4) 

George A. Head, r, Laconia 

Oscar C. Prescott, r, Laconia 
Dist. No. 1 1 (Laconia, Ward 5) 

Lucien R. Dulac, d, Laconia 
*David O'Shan, 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) 

Esther M. Davis, r, Conway 
*Dana J. Farrington, 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) 

Leslie M. Chamberlain, r, Wolfeboro 

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

Arthur H. Fox, r, Wakefield 



CHESHIRE COUNTY 



Dist. No. 1 (Walpole) 

Louis S. Ballam, r, Walpole 

Donald H. Spitzli, r, Walpole 
Dist. No. 2 (Surry, Westmoreland) 

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

William L. Yardley, r, Roxbury 
Dist. No. 6 (Jaffrey) 

Charles R. Austin, r, Jaffrey 

Andrew J. Bussiere, r, Jaffrey 
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) 

Clifford D. Stearns, r, Hinsdale 

Dist. No. 11 (Swanzey) 

Carroll K. Dunham, r, Swanzey 
Jacob M. Hackler, r, Swanzey 
Donald H. MacFarlane, r and d, Swan- 
zey 

Dist. No. 12 (Chesterfield) 

James E. O'Neil, r, Chesterfield 

Dist. No. 13 (Keene, Ward 1) 
Jeremiah J. Keating, d, Keene 
Chris J. Tasoidas, r, Keene 
Margaret T. Webster, d, Keene 

Dist. No. 14 (Keene, Ward 2) 

Stephen W. Pollock, Sr., r, Keene 
Michael J. Saunders, d, Keene 



The Legislature of 1967 



XI 



Dist. No. 15 (Keene, Ward 3) 

Mildred E. Gutterson, r, Keene 
Cleon E. Heald, r, Keene 
Dist. No. 16 (Keene, Ward 4) 

Lawrence H. MacKenzie, r, Keene 



Robert A. Smith, r, Keene 
Dist. No. 17 (Keene, Ward 5) 
Sheldon L. Barker, r, Keene 
Philip D. Moran, r, Keene 
Laurence M. Pickett, d and r, Keene 



COOS COUNTY 



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

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

Dist. No. 2 (Erving's Grant, Northumber- 
land, Odell, Stark, Stratford) 
Walter O. Bushey, d, Northumberland 
Roger L. Hunt, d, Stratford 
A. George Manning, d, Northumber- 
land 

Dist. No. 3 (Kilkenny, Lancaster) 
Arthur M. Drake, r, Lancaster 
Lloyd G. Sherman, r, Lancaster 

Dist. No. 4 (Whitefield) 
*Ada C. Taylor, r and d, Whitefield 

Dist. No. 5 (Gorham) 

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

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

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



Frank H. Sheridan, d, Berlin 
Elmer H. York, d, Berlin 

Dist. No. 8 (Berlin, Ward 3) 
Hilda C. F. Brungot, r, Berlin 
George Lemire, d, Berlin 
Donald W. Williams, d, Berlin 

Dist. No. 9 (Berlin, Ward 4) 
Arthur A. Bouchard, d, Berlin 
Rebecca A. Gagnon, d, Berlin 
Emile J. Parent, d, Berlin 

Dist. No. 10 (Atkinson-Giknanton Acad- 
emy Grant, Bean's Grant, Bean's Pur- 
chase, Cambridge, Chandler's Purchase, 
Crawford's Purchase, Cutt's Grant, Dix's 
Grant, Dummer, Enrol, Green's Grant, 
Hadley's Purchase, Low and Burbank's 
Grant, Martin's Location, Milan, Mills- 
field, Pinjdiam's Grant, Sargent's Pur- 
chase, Second College Grant, Shelbume, 
Success, Thompson and Meserve's Pur- 
chase, Wentworth's Location) 
George O. Thurston, r, Errol 

Dist. No. 1 1 (Carroll, Dalton, Jefierson, 
Randolph) 
William O. Emerson, r and d, Dalton 



GRAFTON COUNTY 



Dist, No. 1 (Bethlehem, Littleton) 

Van H. Gardner, r, Littleton 
Marcia Rich, r, Littleton 
Malcolm J. Stevenson, r, Bethlehem 
John H. Tilton, r, Littleton 

Dist. No. 2 (Easton, Franconia, Wood- 
stock) 
St. Clair A. Berringer, r, Woodstock 

Dist. No. 3 (Lincoln, Livermore) 
Edna B. McGee, d, Lincoln 

Dist. No. 4 (Lisbon, Sugar Hill) 
Eugene N. Foss, II, r. Sugar Hill 

Dist. No. 5 (Bath, Benton, Landaff, Ly- 
man, Monroe) 
George L. Frazer, Sr., r and d, Monroe 

Dist. No. 6 (Haverhill) 

Phil A. Bennett, r, Haverhill 



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, Hanover 

John C. Manchester, r, Hanover 

Mary M. Scott-Craig, d, Hanover 
Dist. No. 10 (Alexandria, Bridgewater, 

Dorchester, Grafton, Groton, Hebron, 

Orange) 

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

George H. Beard, r and d, Lebanon 

Rose S. Putnam, d. West Lebanon 



Xll 



The Legislature of 1967 



Dist. No. 12 (Lebanon, \Vard 2) 
Roger M. Duhaime, d, Lebanon 
Lucina A. Dulac, d, Lebanon 

Dist. No. 13 (Lebanon,, ^Vard 3) 
Shirley K. Merrill, r, Lebanon 
Gladys L. Whipple, r, Lebanon 

Dist. No. 14 (Canaan) 

Norman H. Ellms, r and d, Canaan 

Dist. No. 15 (Enfield) 

Walter C. Morse, d, Enfield 



Dist. No. 16 (Bristol) 

Bowdoin Plumer, r, Bristol 
Dist. No. 17 (Ashland) 

Thomas Pryor, r, Ashland 
Dist. No. 18 (Plymouth) 

Kenneth G. Bell, r, Plymouth 

Stephen W. Smith, Sr., r, Plymouth 
Dist. No. 19 (Campton, EUswordi, Holder- 

ness, Rumney, Thornton, Waterville) 

Richard L. Bradley, r, Thornton 

Philip S. Willey, r, Campton 



HILLSBOROUGH COUNTY 



Dist. No. 1 (Antrim, Bennington) 

Ellerton H. Edwards, r, Antrim 
Dist. No. 2 (Deering, Hillsborough, Wind- 
sor) 

Joseph M. Eaton, r, Hillsborough 
David A. Sterling, r and d, Hillsborough 
Dist. No. 3 (Weare) 

Frank N. Sawyer, r, Weare 
Dist. No. 4 (Goffstown) 

Roland A. Barnard, d, Goffstown 
F. Arthur Bartlett, d, Goffstown 
Alice T. Knight, r, Goffstown 
Roland E. Vallee, r, Goffstown 
Charles A. W^eilbrenner, d, Goffstown 
Dist. No. 5 (Francestown, New Boston) 
Marjorie D. Colburn, r. New Boston 
Dist. No. 6 (Greenfield, Hancock) 

Donald C. Davis, r, Greenfield 
Dist. No. 7 (Peterborough, Sharon) 
Robert C. Brown, r, Peterborough 
Walter R. Peterson, Jr., r, Peterborough 
Dist. No. 8 (New Ipswich) 

Theodore H. Karnis, r, New Ipswich 
Dist. No. 9 (Greenville) 

O. John Fortin, d and r, Greenville 
Dist. No. 10 (Lyndeborough, Temple, 
Wilton) 

Philip C. Heald, Jr., r and d, Wilton 
Edward G. Warren, r and d, So. Lynde- 
borough 
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 
Roland E. Christie, Jr., r, Mont Vernon 
Dist. No. 13 (Brookline, HoUis, 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 
Roland B. Burnham, r, Nashua 
Marshall W. Cobleigh, r and d, Nashua 

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

Dist. No. 17 (Nashua, Ward 4) 

A. Theresa Drabinowicz, d, Nashua 
Samuel F. Mason, d, Nashua 
Benjamin A. Reynolds, d, Nashua 

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

Dist. No. 19 (Nashua, Ward 6) 
Francis J. Chamard, d, Nashua 
John B. Dionne, d, Nashua 
Edmund P. Sweeney, d, Nashua 

Dist. No. 20 (Nashua, Ward 7) 
Adelard J. Aubut, d, Nashua 
Ralph W. Boisvert, d, Nashua 
Treffle G. Levesque, d, Nashua 

Dist. No. 21 (Nashua, Ward 8) 
Robert A. Dion, d, Nashua 
Eugene I. DuBois, d, Nashua 
*William O. Lavallee, d, Nashua 

Dist. No. 22 (Nashua, Ward 9) 
Oscar P. Bissonnette, d, Nashua 
John Latour, d, Nashua 
Thomas J. Migneault, d, Nashua 

Dist. No. 23 (Hudson) 

John M. Bednar, d, Hudson 
Christopher F. Gallagher, d, Hudson 
Paul D. Keenan, d, Hudson 
Phyllis M. Keeney, r, Hudson 



The Legislature of 1967 



Xlll 



Dist. No. 24 (Pelham) 

Miles J. Cares, d, Pelham 
Arthur H. Peabody, d, Pelham 

Dist. No. 25 (Merrimack) 

Herschel W. Cox, d, Merrimack 
John W. Wright, Jr., r, Mcrrimac k 

Dist. No. 26 (Bedford, Litchfield) 
John A. Graf, r, Bedford 
John J. Loxton, r, Bedford 
Ralph M. Wiggin, r, Bedford 

Dist. No. 27 (Manchester, Ward 1) 
Greta M. Ainley, r, Manchester 
Charles F. Gordon, r, Manchester 
George A. Lang, r, Manchester 
Norman F. Milne, Jr., r, Manchester 
James Pettigrew, r, Manchester 
Emile J. Soucy, r, Manchester 

Dist. No. 28 (Manchester, Ward 2) 

Elmer R. Ackerson, Sr., d, Manchester 
Gerald J. Barrett, d, Manchester 
William J. Gardner, r, Manchester 
James L. Mahony, r, Manchester 
J. Henry Montplaisir, r. Manchester 

Dist. No. 29 (Manchester, Ward 3) 
George A. Bruton, d, Manchester 
Leo L. Dion, d, Manchester 
Armand L. Duhaime, d, Manchester 
Walter W. Pratt, d, Manchester 

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

Dist. No. 31 (Manchester, Ward 5) 
William W. Corey, d, Manchester 
Thomas E. Manning, d, Manchester 
Edward J. Walsh, d, Manchester 

Dist. No. 32 (Manchester, Ward 6) 
Denis F. Casey, d, Manchester 
Edward D. Clancy, d, Manchester 
Frank T. Conway, d, Manchester 
Daniel J. Healy, d, Manchester 



Joseph Lomazzo, d and r, Manchester 
Michael F. O'Connor, d, Manchester 

Dist. No. 33 (Manchester, Ward 7) 
*Theodore H. Charette, d, Manchester 
Edward T. LaFrance, d, Manchester 
Charles J. Ixclcrc, d, Manchester 
Albina S. Martel, d, Manchester 

Dist. No. 34 (Manchester, Ward 8) 
Alphonse L. Bernier, d, Manchester 
D. Ray Blanchard, d, Manchester 
Edward Champagne, d, Manchester 
Michel Chevrette, d, Manchester 
Eugene Delisle, Sr., d, Manchester 
Robert E. Raiche, d, Manchester 
Ernest Derome, 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 
Edward J. Grady, d, Manchester 
James A. Sweeney, Jr., d, Manchester 

Dist. No. 37 (Manchester, Ward 11) 
George J. Hurley, d, ALanchester 
Albert A. Martel, d, Manchester 
Robert J. Normand, d, Manchester 

Dist. No. 38 (Manchester, Ward 12) 
Armand Capistran, d, Manchester 
Alphonse Levasseur, d, Manchester 
Joseph C. Nalette, d, Manchester 

Dist. No. 39 (Manchester, Ward 13) 
Edmond Allard, d, Manchester 
Charles E. Daniel, d, Manchester 
Lucien G. Lambert, d, Manchester 
Hector J. Rousseau, d, Manchester 
Charles A. Soucy, 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) 

Paul B. Gay, r, New London 
Dist. No. 2 (Bradford, Newbury, Sutton) 

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

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

Diamond A. Maxwell, r, Henniker 



Dist. No. 5 (Dunbarton, Hopkinton) 

Robert H. Gilc, r, Hopkinton 
Samuel Redely, Jr., r, Hopkinton 

Dist. No. 6 (Bow) 

Richard D. Hanson, r, Bow 

Dist. No. 7 (Hooksett) 

*George A. Cook, d, Hooksett 
Edward H. Enright, r, Hooksett 



XIV 



The Legislature of 1967 



Dist. No. 8 (AUenstown) 

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

George E. Gordon, III, r, Pembroke 

Constance Kersting, r, Pembroke 
Dist. No. 10 (Chichester, Epsom) 

Henry L. Stevens, r, Epsom 
Dist. No. 11 (Pittsfield) 

Saverio Buatti, r, Pittsfield 

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

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

Doris L. Thompson, r and d, Northfield 
Dist. No. 14 (Franklin, Ward 1) 

Howard R. Kelley, r, Franklin 
Dist. No. 15 (Franklin, Ward 2) 

Wiggin S. Gilman, d, Franklin 

Theodore E. Kenney, d, Franklin 
Dist. No. 16 (Franklin, Ward 3) 

Stephen A. Greeley, r, Franklin 

Leo LaRoche, d, Franklin 
Dist. No. 17 (Boscawen) 

Russell C. Mattice, r, Boscawen 
Dist. No. 18 (Andover, Salisbury) 

George A. Bork, r, Salisbury 
Dist. No. 19 (Danbury, Hill, Wilmot) 

Arthur E. Thompson, r, Wilmot 



Dist. No. 20 (Concord, Ward 1) 

Milton A. Cate, 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) 
Chellis H. Call, r, Concord 
Charles H. Cheney, Sr., r. Concord 
Walter B. Dame, r, Concord 

Dist. No. 24 (Concord, Ward 5) 
James C. Bingham, r, Concord 
Roger A. Smith, r, Concord 

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

Dist. No. 26 (Concord, Ward 7) 
Arthur F. Babineau, r, Concord 
Roland F. Fuller, r. Concord 
Henry C. Newell, r, Concord 
Arthur E. Roby, Sr., r, Concord 

Dist. No. 27 (Concord, Ward 8) 
Paul B. Maxham, r, Concord 
Donald J. Welch, r and d, Concord 

Dist. No. 28 (Concord, Ward 9) 

Pasquale V. Rufo, r and d. Concord 



ROCKINGHAM COUNTY 



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

John T. Fernald, r, Nottingham 
Earl O. Tuttle, r, Northwood 

Dist. No. 2 (Candia) 

Karl J. Persson, r and d, Candia 

Dist. No. 3 (Auburn) 

Margaret A. Griffin, r and d, Auburn 

Dist. No. 4 (Londonderry) 

Peter C. Gaskill, r, Londonderry 
Charles H. Hall, r, Londonderry 

Dist. No. 5 (Derry) 

Paul E. Brown, r, Derry 
Charles H. Gay, r and d, Derry 
Austin C. Gorham, r, Derry 
Hayford T. Kimball, r, Derry 
Robert J. Strattcm, r and d, Derry 

Dist. No. 6 (Windham) 

Maurice E. Tarbell, r, Windham 

Dist. No. 7 (Salem) 

Donald E. Barron, r, Salem 
Jeanette Gelt, r, Salem 
Roy Morrill, r, Salem 



Bessie M. Morrison, r, Salem 

Leonard B. Peever, r, Salem 

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

Ernest D. Clark, r, Kingston 

George W. White, Sr., r, Atkinson 
Dist. No. 9 (Plaistow) 

Mildred L. Palmer, r, Plaistow 

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

Doris M. Spollett, r, Hampstead 
Dist. No. 11 (Danville, Fremont, Sandown) 

Charles Everett Cummings, r, Danville 
Dist. No. 12 (Chester, Raymond) 
*Ivan C. Reed, Sr., r, Raymond 

Russell E. Underwood, r, Chester 
Dist. No. 13 (Brentwood, Epping) 

Vera E. Goodrich, r, Epping 

John Hoar, r, Epping 
Dist. No. 14 (Newmarket) 

F. Albert Sewall, d, Newmarket 

John Twardus, d, Newmarket 



The Legislature of 1967 



XV 



Dist, No. 15 (Newfields, Stratham) 

Nelson E. Barker, r, Stratham 
Dist. No. 16 (Exeter) 

Lyman E. CoUishaw, r, Exeter 

Edwin W. Eastman, r, Exeter 

Albert J. Ferron, r, Exeter 

F. Leroy Junkins, r, Exeter 

Robert W. Varrill, r, Exeter 
Dist. No. 17 (East Kingston, Seabrook, 

South Hampton) 

Stanley A. Hamel, r and d, Seabrook 
*Montervill Leslie, r, Seabrook 
Dist. No. 18 (Newton) 

George L. Cheney, r, Newton 
Dist. No. 19 (Hampton Falls, Kensington) 

Bernice B. Barnes, 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) 

Jacob S. Ciborowski, r. Rye 

Elizabeth A. Greene, r. Rye 



Kathleen B. McDonough, r, New Castle 

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

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

Dist. No. 25 (Portsmouth, Ward 2) 

Christopher W. Conlon, d, Portsmouth 
Jeremiah Quirk, r, Portsmouth 
Ann Sadler, d, Portsmouth 

Dist. No. 26 (Portsmouth, Ward 3) 
C. Cecil Dame, r, Portsmouth 
Joseph A. McEachern, d, Portsmouth 
Clayton E. Osborn, r, Portsmouth 

Dist. No. 27 (Portsmouth, Ward 4) 
}. Walter Jameson, r, Portsmouth 
Julia H. White, r, Portsmouth 

Dist. No. 28 (Portsmouth, Ward 5) 
Fannie Gerber, d, Portsmouth 
Edward J. Ingraham, d, Portsmouth 

Dist. No. 29 (Portsmouth, Ward 6) 
Wayne Bowlen, d, Portsmouth 
Eileen G. Rossley, 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 
Idanelle T. Moulton, r, New Durham 

Dist. No. 3 (Harrington, Madbury) 
Dorothy B. Berry, r, Barrington 

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

Dist. No. 5 (Rollinsford) 

Ronald J. Marcotte, 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 
Fred J. Coffin, d, Somersworth 



Dist. No. 9 (Somersworth, Ward 4 and 
Ward 5) 

Henry Boire, d, Somersworth 
Joseph E. Fournier, d, Somersworth 

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

Dist. No. 1 1 (Rochester, Ward 2) 
Winifred E. Hartigan, d, Rochester 
Noreen D. Winkley, d, Rochester 

Dist. No. 12 (Rochester, Ward 3) 
Glenna H. Rubins, d, Rochester 
Harold J. Vickery, r, Rochester 

Dist. No. 13 (Rochester, Ward 4) 
Leo E. Beaudoin, d, Rochester 
Angeline M. St. Pierre, d, Rochester 

Dist. No. 14 (Rochester, Ward 5) 
Madalyn Brennan, d, Rochester 
Harry S. Johnson, r, Rochester 

Dist. No. 15 (Rochester, Ward 6) 
Sandra J. Balomenos, r, Rochester 
Anthony J. Corriveau, r, Rochester 

Dist. No. 16 (Dover, Ward 1) 
Alice F. Blanchette, d, Dover 
Max W. Leighton, r, Dover 
Albert L. Nelson, d, Dover 



XVI 



The Legislature of 1967 



Dist. No. 17 (Dover, Ward 2) 

Mary E. Bernard, d, Dover 
Alfred }. Guilmette, d, Dover 
Dist. No. 18 (Dover, Ward 3) 
Fred H. Mudgett, r, Dover 
Peter J. Murphy, d, Dover 
John T. Young, r, Dover 



Dist. No. 19 (Dover, Ward 4) 

William E. Colbath, r, Dover 
Paul R. McQuade, r, Dover 
Aram Parnagian, r, Dover 
Harriett W. B. Richardson, r, Dover 
Dist. No. 20 (Dover, Ward 5) 
John Maglaras, d, Do\er 



SULLIVAN COUNTY 



Dist. No. 1 (Grantham, Plainfield) 

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 
Leroy H. Priidhomme, d, Claremont 

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 
Adolph J. Burrows, d, Claremont 
Carmine F. D'Amante, d, Claremont 



Dist. No. 6 (Newport) 

Maurice H. Cummings, d, Newport 

Maurice J. Downing, d, Newport 

James A. Saggiotes, r, Newport 
*Herbert H. Wright, r, Newport 
Dist. No. 7 (Charlestown, Unity) 

Martha McD. Frizzell, r and d, Charles- 
town 

Donald B. Galbraith, r and d, Charles- 
town 
Dist. No. 8 (Springfield, Sunapee) 

George R. Merrifield, r and d, Sunapee 
Dist. No. 9 (Acworth, Goshen, Langdon, 

Lempster, Washington) 

Stanley H. Williamson, r and d, Goshen 



David O'Shan, r, deceased. 

Dana J. Farrington, r, deceased. 

Ada C. Taylor, r and d, deceased 

William O. Lavallee, d, deceased. 

Theodore H. Charette, d, resigned, replaced by Robert Thibeault, d. 

George A. Cook, d, deceased. 

Ivan C. Reed, Sr., r, deceased, replaced by Herbert W. Landrigan, d. 

Montervill Leslie, r, deceased, replaced by Wilbur H. Crossland, r. 

Herbert H. Wright, r, deceased. 



special Session 

June 13, 1966 

CHAPTER 1. 

AN ACT TO REMOVE THE TERMINATION DATE OF JULY 1, 1966 ON THE ONE 
CENT SUPPLEMENTAL ROAD TOLL. 

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

1:1 Combining All Road Tolls. Amend RSA 265:4 by striking out 
in line two the word "four" and inserting in place thereof the word, 
seven, so that said section as amended shall read as follows: 265:4 Levy 
of Toll and Exemptions. There is hereby imposed a road toll of seven 
cents per gallon upon the sale of each gallon of motor fuel sold by dis- 
tributors thereof. The road toll shall be collected by the distributor from 
the purchaser and remitted to the state in the manner hereinafter set 
forth. Provided, that the road toll shall not apply to (a) sales to the United 
States or its agencies, (b) sales between duly licensed distributors, or (c) 
sales of motor fuel exported from the state. 

1:2 Purpose and Intent. The purpose and intent of this act is only 
to continue in full force and effect, without any termination dates, all 
road tolls, supplemental road tolls, additional road tolls, and superadded 
road tolls in effect on the effective date hereof. 

1:3 Repeal. RSA 265:5, supplemental road toll, RSA 265:5-a (supp) 
additional toll, as inserted by 1957, 273:1 and amended by 1959, 154:1, 
RSA 265:5-b (supp) superadded toll, as inserted by 1959, 154:2, and RSA 
265:7, limiting time for collection, are hereby repealed. 

1 :4 Takes Effect. This act shall take effect upon its passage. 
[Approved June 13, 1966.] 
[Effective date June 13, 1966.] 



CHAPTER 2. 



AN ACT PROVIDING ADDITIONAL FUNDS FOR THE UNIVERSITY OF NEW 
HAMPSHIRE AND THE STATE COLLEGES. 

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

2:1 University of New Hampshire. In addition to the appropriation 



2 Chapter 3 [1966 

provided for the higher education fund by Laws 1965, chapter 282, there 
is hereby appropriated for the fiscal year ending June 30, 1967, the sum 
of seven hundred and fifty thousand dollars. The additional sum hereby 
appropriated shall be for use for the university of New Hampshire, 
Plymouth state college and Keene state college for general purposes. The 
governor is authorized to draw his warrants for the sum hereby appropri- 
ated out of any money in the treasury not otherwise appropriated. 

2:2 Use of Funds. For the fiscal year ending June 30, 1967, the mill- 
age formula provided by RSA 187:24 is hereby suspended and the sums 
appropriated by Laws, 1965, chapter 282 and by section 1 of this act, 
making a total of seven million one hundred and seventy five thousand 
dollars, shall be the total appropriation for the university of New Hamp- 
shire, Plymouth state college and Keene state college and shall be in lieu 
of requirements for appropriation under said RSA 187:24. 

2:3 Repeal. The footnote relative to the higher education fund in 
Laws 1965, chapter 282, with limitations on the appropriation of addi- 
tional funds, is hereby repealed. 

2:4 Takes Effect. This act shall take effect July 1, 1966. 
[Approved June 13, 1966.] 
[Effective date July 1, 1966.] 



CHAPTER 3. 



AN ACT RELATIVE TO STATE GUARANTEE OF MUNICIPAL BONDS AND 
WATER POLLUTION PROJECTS. 

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

3:1 Water Pollution Projects. Amend RSA 149:5, as amended by 
1957, 213:2; 1961, 182:1 and 1963, 167:1, by striking out the word 
"twenty-five" in the fifth line and inserting in place thereof the word, 
thirty-five, and by striking out the word "twenty-five" in the fourteenth 
line and inserting in place thereof the word, thirty-five, so that said sec- 
tion as amended shall read as follows: 149:5 State Guarantee. In view 
of the general public benefits resulting from the elimination of pollution 
from the public waters of the state, the governor and council are author- 
ized in the name of the state of New Hampshire to guarantee uncondi- 
tionally, but at no time in excess of the total aggregate sum for the entire 
state of thirty-five million dollars, the payment of all or any portion, as 
they may find to be in the public interest, of the principal of and interest 
on any bonds or notes issued by any municipality, town, city, county, or 
district for construction of sewage systems, sewage treatment and disposal 
plants, or other facilities necessary, required or desirable for pollution 



1966] Chapter 3 3 

control, and the full faith and credit of the state are pledged for any such 
guarantee. The outstanding amount of principal and interest on such 
bonds and notes, the payment of which has been guaranteed by the state 
voider the provisions of this section, shall at no time exceed the amount 
of thirty-five million dollars. The state's guarantee shall be endorsed on 
such bonds or notes by the state treasurer; and all notes or bonds issued 
with state guarantee shall be sold (1) at public sealed bidding, (2) after 
publication of advertisement for bids, (3) to the highest bidder. Any and 
all such bids may be rejected and a sale may be negotiated with the highest 
bidder. In the event of default in payment of any such notes or bonds, 
the state may recover any losses suffered by it by action against the town 
as provided in RSA 530. 

3:2 Takes Effect. This act shall take effect upon its passage. 
[Approved June 13, 1966.] 
[Effective date June 13, 1966.] 



LAWS 

OF THE 

STATE OF NEW HAMPSHIRE 

JANUARY SESSION OF 1967 



CHAPTER 1. 

AX ACT APPROPRIATING FUNDS FOR EQUIPMENT FOR SECRETARY OF STATE. 

"Whereas the legislature has authorized the installation of ne^s' 
equipment for corporation records in the office of the secretary of state, 
and 

Whereas, the amount previously appropriated has been found to be 
insufficient for the total necessary equipment, now therefore 

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

1:1 Appropriation. The sum of three thousand, eight hundred dol- 
lars is hereby appropriated to be expended by the secretary of state for 
nine Kardex cabinets, three bases and four end panels for said cabinets, 
said equipment being necessary to complete transfer of corporation rec- 
ords. The sum of seven hundred dollars is hereby appropriated for the 
temporary employment of a clerk typist II. The go^■ernor is authorized 
to drags' his warrant for the sums hereby appropriated out of any money 
in the treasury not otherwise appropriated. 

1:2 EfiFective Date. This act shall take effect upon passage. 
[Approved Februaiy 9, 1967.] 
[Effective date February 9, 1967.] 



CHAPTER 2. 

AN ACT PROHIBITING THE TAKING OF ^\ILD TURKEYS. 

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

2:1 Closed Season for ^Vild Turkeys. Amend RSA 209:4 by inserting 
after the word "grouse" in line three the -^vords (wild turkey) so that said 
section as amended shall read as follows: 209:4 Wood Ducks, etc. There 
shall be no open season for wood duck, except by federal regulations. 



6 Chapter 3 [1967 

quail or bobwhite, European partridge, spruce grouse, wild turkey, 
chukar partridge, and upland plover. 

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

[Approved February 9, 1967.] 
[Effective date April 10, 1967.] 



CHAPTER 3. 

AN ACT EXEMPTING CERTAIN AGED PERSONS FROM LICENSE FEES FOR 
TAKING CLAMS AND OYSTERS. 

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

3:1 Taking Clams and Oysters. Amend RSA 211 by inserting after 
section 62-a, as inserted by 1959, 194:2 the following new section: 

211:62-aa Exception for Aged Persons. No fee shall be required for 
the issuance of a license under the provisions of section 62-a for taking 
clams, clam worms or oysters of a resident of the state who is seventy years 
of age or over. 

3:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved February 9, 1967.] 
[Effective date April 10, 1967.] 



CHAPTER 4. 

AN ACT TO CLASSIFY A CERTAIN HIGHWAY IN THE TOWN OF WATERVILLE. 

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

4:1 Class U Highway in Waterville. After the effective date of this 
act a portion of the highway, known as the Tripoli Road, in the town of 
Waterville, extending 2.2 miles northwesterly from its junction with the 
Class II highway, known as the Waterville Valley Road, shall hereafter be 
classified as a Class II highway. 

4:2 Maintenance; Completed Portions. Upon the completion and 
surfacing to the satisfaction of the commissioner of public works and 
highways, the department of public works and highways shall assume the 
full maintenance of the completed portions. 

4:3 Maintenance; Uncompleted Portions. The department of public 
works and highways shall not maintain the uncompleted portions. 



1967] Chapter 5 

4:4 Effective Date. This act shall take effect upon its passage. 
[Approved February 9, 1967.] 
[Effective date February 9, 1967.] 



CHAPTER 5. 



AN ACT REQUIRING PUBLICATION OF APPARENT OWNER'S NAME ONLY IF 
VALUE OF ABANDONED PROPERTY IS TEN DOLLARS OR MORE. 

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

5:1 Publication Limited. Amend subparagraph (a) of paragraph II 
of RSA 471 -A: 13 (supp) as inserted by 1965, 214:1 by striking out said 
subparagraph and inserting in place thereof the following: (a) The names 
in alphabetical order and last known addresses, if any, of persons listed 
in the report ^vho are owners of any property of the value of ten dollars 
or more and entitled to notice within the county. 

5:2 Effective Date. This act shall take effect upon its passage. 
[Approved February 16, 1967.] 
[Effective date February 16, 1967.] 



CHAPTER 6. 



AN ACT TO PROVIDE ADDITIONAL RETIREMENT TO RETIRED MEMBERS OF 
THE POLICEMEN'S RETIREMENT SYSTEM. 

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

6:1 Additional Allowances for Certain Retired Permanent Police- 
men. Any retired permanent policeman Avhose retirement benefit under 
the provisions of RSA 103 is less than one hundred dollars per month 
and who retired prior to May 1, 1961, shall, beginning with the month of 
January 1968, and monthly thereafter, but not beyond the month of De- 
cember 1968, receive an additional monthly retirement allowance equal 
to twice the amount by which his regular monthly retirement benefit is 
less than one hundred dollars. 

6:2 Appropriation. In addition to any other sums appropriated for 
the policemen's retirement system there is appropriated by this act the 
sum of two thousand nine hundred twenty five dollars and four cents to 
provide funds for the payment of the additional monthly retirement al- 
lowances provided by section 1 of this act. The governor is authorized to 
draw his warrant for the sum appropriated by this act out of any money 
in the treasury not otherwise appropriated. 



8 Chapter 7 [1967 

6:3 Effective Date. This act shall take effect January 1, 1968. 
[Approved February 20, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 7. 



AN ACT PROVIDING THAT GENERAL LAWS SHALL TAKE PRECEDENCE OVER 
INCONSISTENT SAVINGS BANK CHARTER PROVISIONS. 

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

7:1 Savings Banks. Amend RSA 386 by inserting after section 1 the 
following new section: 386: 1-a Inconsistent Charter Provisions. Each 
savings bank shall have all the powers and shall be subject to all the 
duties and restrictions in the general statutes relating to savings banks, 
and the provisions of the general statutes shall prevail over any incon- 
sistent charter provisions of any savings bank. 

7:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved February 20, 1967.] 
[Effective date April 21, 1967.] 



CHAPTER 8. 

AN ACT RELATIVE TO VERIFICATION OF SAVINGS DEPOSIT ACCOUNTS AND 
DUE BOOKS OF SHAREHOLDERS. 

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

8:1 Savings Banks. Amend RSA 386:21 (supp) as amended by 1957, 
258:2, 1959, 245:1 and 1965, 113:1 by striking out said section and insert- 
ing in place thereof the following: 386:21 Verification. Every trust com- 
pany, savings bank, cooperative bank and building and loan association 
shall, at its own expense, to such extent and in such manner as the commis- 
sioner shall prescribe, cause to be conducted a verification of individual 
savings deposit accounts or due books of share holders with the books of 
the company, bank or association. 

8:2 Repeal. RSA 386:22 (supp) as amended by 1959, 245:2 relative 
to duty of depositors and RSA 386:23 relative notices required are hereby 
repealed. 

8:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved February 20, 1967.] 
[Effective date April 21, 1967.] 



1967] Chapter 9 9 

CHAPTER 9. 

AN ACT RELATIVE TO APPROPRIATIONS FOR FIVE AREA AGENTS IN 

AGRICULTURE. 

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

9: 1 University of New Hampshire. Notwithstanding any of the pro- 
visions of RSA 187:23 as amended by Laws 1965, chapter 357, section 1, 
the appropriation provided for by Laws 1965, 357:2 shall be available for 
the maintenance of the five area agents in agriculture for the period from 
January 1, 1967 to June 30, 1967, provided that the amount paid for 
each agent shall not exceed the sum of six thousand dollars for the year. 

9:2 Effective Date. This act shall take effect as of January 1, 1967. 
[Approved February 23, 1967.] 
[Effective date January 1, 1967.] 



CHAPTER 10. 

AN ACT TO CORRECT THE SPELLING OF TENNEY MOUNTAIN HIGHWAY. 

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

10:1 Correct Spelling. Amend section 269:1 of the Laws of 1965 by 
striking out in lines one and four the word "Tenny" and inserting in its 
place the word (Tenney) so that the section is amended to read as follows: 
269:1 Tenney Mountain Highway. Any highway connection from inter- 
state route 93 interchange with route U. S. 3 in Plymouth to the intersec- 
tion of routes N. H. 3-A and N. H. 25 in West Plymouth is named the 
Tenney Mountain Highway. 

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

[Approved February 23, 1967.] 
[ Effective date April 24, 1 967 . ] 



CHAPTER 11. 

AN ACT RELATIVE TO REPRESENTATIVE TOWN MEETING GOVERNMENT. 

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

11:1 Adoption of Act. Amend RSA 40-A:2 (supp) as inserted by 
1961, 241:1 by striking out said section and inserting in place thereof the 
following: 40-A:2 Procedure. Five per cent of the registered voters of 



10 Chapter 11 [1967 

any such to^\'n may, not less than ninety days before its annual town meet- 
ing, file Avith the selectmen a petition that there be submitted to the voters 
of the town the matter of the acceptance of representative town meeting 
government specifying the number of precincts and members to be elected. 
The selectmen shall thereupon direct the town clerk to cause to be printed 
on the official ballot used for the election of town officers at such meeting 
substantially the following question: "Are you in favor of the town adopt- 
ing representative town meeting government consisting of pre- 
cincts and members as provided by RSA chapter 40-A" Yes 

No If a majority of the votes cast thereon are in the affirmative such 

representative town meeting government shall thereupon become effective 
in such to^s'n, all town meetings beginning with the next annual town 
meeting shall be so conducted except as hereinafter specially provided. 
Before any question shall be placed upon the ballot the number of pre- 
cincts and members proposed shall be inserted thereon. 

11:2 Procedure. Amend RSA 40-A: 3 (supp) as amended by 1961, 
241:1 by striking out the words "shall contain not less than four hundred" 
in lines five and six and inserting in place thereof the words (shall con- 
tain as nearly as possible an equal number of) so that said section as 
amended shall read as follows: 40-A: 3 Voting Precincts: Establishment; 
Revision; Procedure; Meetings of Voters Regulated; Certain Laws Ap- 
plicable. Upon the adoption as aforesaid of such representative town 
meeting government by a town its selectmen shall forthwith divide the 
territory thereof into voting precincts, each of which shall be plainly 
designated and shall contain as nearly as possible an equal number of 
registered voters. The precincts shall be so established as to consist of 
compact and contiguous territory to be bounded, as far as possible, by 
the center line of known streets and ways or by other well-defined limits. 
Their boundaries shall be reviewed, and, if need be, wholly or partly re- 
vised, by the selectmen in December, once in five years, or in December 
of any year when so directed by a vote of a representative town meeting 
held not later than November twentieth of that year. The selectmen shall, 
within ten days after any establishment or revision of the precincts file 
a report of their doings with the town clerk, and the supervisors of the 
check-list, with a map or maps or description of the precincts and the 
names and residences of the registered voters therein. The selectmen shall 
also cause to be posted in the town hall a map or maps or description of 
the precincts as established or revised from time to time, with the name 
and residences of the registered voters therein; and they shall also cause 
to be posted in at least one public place in each precinct a map or descrip- 
tion of that precinct, with the names and residences of the registered 
voters therein. The division of the town into voting precincts and any 
revision of such precincts shall take effect upon the date of the filing of 
the report thereof by the selectmen with the town clerk. Whenever the 
precincts are established or revised, the town clerk shall forthwith give 



1967] Chapter 11 11 

written notice thereof to the secretary of state, stating the number and 
designation of the precincts. Meetings of the registered voters of the sev- 
eral precincts for elections, for primaries, and for voting upon any ques- 
tion to be submitted to all the registered voters of the town, shall be held 
on the same day and at the same hour and at such place or places within 
the town as the selectmen shall in the warrant for such meeting direct. 
The selectmen shall designate the polling place in one precinct as the 
one over which the moderator of the town shall preside. So far as the same 
are not inconsistent with this chapter the provisions of sections 43 through 
53 inclusive of chapter 59 RSA relating to additional polling places shall 
apply to all elections and primaries in towns adopting this chapter. For 
the purposes of such application the voting place in the precinct at which 
the moderator of the town presides shall be the central polling place and 
the polling place in each of the other precincts shall be an additional 
polling place. 

11:3 Town Officers. Amend RSA 40-A:4 (supp) as inserted by 1961, 
241:1 by striking out said section and inserting in place thereof the fol- 
lowing: 40-A:4 Town Meeting Members at Large. In any town which 
shall adopt the provisions of this chapter the members of the board of 
selectmen, town clerk, chairman of town budget committee shall be mem- 
bers at large. The members at large shall have the same rights, privileges 
and duties with respect to representative town meeting as the elected 
members. 

11:4 Other Members. Amend RSA 40-A:5 (supp) as inserted by 1961, 
241:1 and amended by 1965, 289:3 by striking out said section and insert- 
ing in place thereof the following: 40-A:5 Elected Town Meeting Mem- 
bers. The representative town meeting membership shall in each precinct 
consist of the largest number divisible by three which will admit of a 
representation in the approximate proportion which the number of reg- 
istered voters therein bears to the total number of registered voters in 
the town. In addition to said elected representative members there shall 
be the town meeting members at large provided by section 4. Provided 
further that the total of elected member shall not be less than the total 
membership as provided by vote of the town in adopting this form of 
government. The registered voters in every precinct shall, at the first an- 
nual town election held after the establishment of such precinct, and the 
registered voters of any precinct affected by any revision of precincts at 
the first annual town election following such revision, conformably to 
the laws relative to elections not inconsistent with this chapter elect by 
ballot the number of registered voters in the precinct, other than the 
officers designated by section 4 as town meeting members at large, to be 
town meeting members of the town. The first third, in the order of votes 
received, of members so elected shall serve three years, the second third 
in such order shall serve two years and the remaining third in such order 
shall serve one year, from the day of the annual town meeting. In case of 



12 Chapter 11 [1967 

a tie vote affecting the division into thirds, as aforesaid, the members 
elected from the precinct shall by ballot determine the same. Thereafter, 
except as is other^vise provided herein, at each annual town election the 
registered voters of each precinct shall, in like manner, elect, for the term 
of three years, one third of the number of elected town meeting members 
to Avhich such precinct is entitled. The terms of office of all elected town 
meeting members from every precinct revised as aforesaid shall cease upon 
the election as hereinbefore provided of their successors. The town clerk 
shall, after every election of town meeting members, forthwith notify each 
such member by mail of his election. 

11:5 Members at Large. Amend RSA 40-A:6 (supp) as amended by 
1961, 241:1 by striking out the words "the by-laws of the town" in lines 
five and six and inserting in place thereof the words (section 4) so that 
said section as amended shall read as follows: 40-A:6 Representative 
TowTi Meetings; Procedure; Resignation, etc., of Members. Any repre- 
sentative town meeting held under the provisions of this chapter, except 
as otherwise provided herein, shall be limited to the town meeting mem- 
bers elected under section 5 together with such town meeting members at 
large as may be provided for by section 4. The town clerk shall notify 
the town meeting members of the time and place at which representative 
town meetings are to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members, as aforesaid, shall 
be the judges of the election and qualifications of their members, A ma- 
jority of the town meeting members shall constitute a quorum for doing 
business; but a less number may organize temporarily and may adjourn 
from time to time, but no town meetings shall adjourn over the date of 
an election of town meeting members. All town meetings shall be public. 
The town meeting members as such shall receive no compensation. Subject 
to such conditions as may be determined from time to time by the mem- 
bers of the representative town meeting, any registered voter of the town 
who is not a town meeting member may speak at any representative town 
meeting, but shall not vote. A town meeting member may resign by filing 
a written resignation with the town clerk and such resignation shall take 
effect on the date of such filing. A town meeting member who removes 
from the town shall cease to be a town meeting member, and a town meet- 
ing member who removes from the precinct from which he was elected 
to another precinct may serve only until the next annual town meeting. 

11:6 Change in Number. Amend RSA 40-A:10 (supp)) as inserted 
by 1961, 241:1 by striking out said section and inserting in place thereof 
the following: 40-A:10 Vacancies in Membership, How Filled. Any 
vacancy in the full number of toAvn meeting members from any precinct, 
whether arising from a failure of the registered voters thereof to elect, 
or from any other cause, may be filled, until the next annual election, by 
the remaining members of the precinct from among the registered voters 
thereof. Upon petition therefor, signed by not less than fifty per cent of 



1967] Chapter 12 13 

the town meeting members from the precinct, notice of any vacancy shall 
promptly be given by the town clerk to the remaining members from 
the precinct in which the vacancy or vacancies exist, and he shall call a 
special meeting of such members for the purpose of filling such vacancy 
or vacancies. He shall cause to be mailed to every such member, not less 
than five days before the time set for the meeting, a notice specifying the 
object, time and place of the meeting. At the said meeting a majority of 
the members from such precinct shall constitute a quorum, and they shall 
elect from their own number a chairman and a clerk. The choice to fill 
any vacancy shall be by ballot, and a majority of the votes cast shall be 
required for a choice. The chairman and clerk shall count the ballots and 
shall make a certificate of the choice and forthwith file the same with the 
town clerk, together with a written acceptance by the member or mem- 
bers so chosen, who shall thereupon be deemed elected and qualified as 
a town meeting member or members, subject to the right of all the town 
meeting members to judge of the election and qualifications of the mem- 
bers as set forth in section 6. 

11:7 Effective Date. This act shall take effect upon its passage. 
[Approved February 27, 1967.] 
[Effective date February 27, 1967.] 



CHAPTER 12. 



AN ACT REPEALING CERTAIN PROVISIONS RELATIVE TO USE OF SPINNERS, 
TAKING FRESH WATER SMELT, BAG LIMIT ON PICKEREL. 

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

12:1 Repeal. RSA 211:13-a, as inserted by 1955, 106:1 and amended 
by 1957, 267:1 relative to use of spinners, RSA 211:15-a to 15-d, inclusive, 
as inserted by 1959, 231:1, relative to taking fresh water smelt in Smith 
River and Squam River, relative to bag limit for taking pickerel and pro- 
hibiting taking fresh water smelt and ice fishing in Christine Lake are 
hereby repealed. 

12:2 Effective Date. This act shall take effect December 31, 1967. 
[Approved March 2, 1967.] 
[Effective date December 31, 1967.] 



14 Chapter 13 [1967 

CHAPTER 13. 

AN ACT RELATIVE TO TECHNICAL INSTITUTES AND VOCATIONAL-TECHNICAL 

INSTITUTES. 

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

13:1 Technical Institutes. Amend RSA 188-A:2, as inserted by 1961, 
267:1 by striking out said section and inserting in place thereof the fol- 
lowing: 188-A:2 Technical Institutes. The state board of education is 
hereby authorized and directed to establish technical institutes with 
dormitory facilities, within the limits of appropriations made therefor. 
Said institutes shall be centrally located where in the opinion of the board 
they will serve most advantageously the purposes of this chapter. 

13:2 Change in Number. Amend RSA 188-A:5, as inserted by 1961, 
267:1 by striking out said section and inserting in place thereof the fol- 
lowing: 188-A:5 Vocational-Technical Institutes. The state board of 
education is hereby authorized and directed to establish vocational-tech- 
nical institutes in geographic areas throughout the entire state, as deter- 
mined by the board and within the appropriations made for said voca- 
tional-technical institutes. The present schools located at Manchester and 
Portsmouth shall be designated as vocational-technical institutes. 

13:3 Advisory Committee. Amend paragraph I of RSA 188-A:7, as 
inserted by 1961, 267:1 by striking out said paragraph and inserting in 
place thereof the following: I. Duties. It shall be the duty of this com- 
mittee to advise the state board of education relative to the administration 
and programming of the technical institutes and vocational-technical 
institutes, thus assuring expert participation by management, labor, busi- 
ness and education. 

13:4 Requirements. Amend RSA 188-A:8 as inserted by 1961, 267:1 
by striking out said section and inserting in place thereof the following: 
188-A:8 Tuition. Tuition to each technical institute and to each voca- 
tional-technical institute established hereby shall be charged at such rate 
for each enrollee as the state board of education, with the consent of the 
governor and council, shall determine. Tuition received from the techni- 
cal institutes and the vocational-technical institutes shall be paid to the 
state treasurer who shall keep a separate account thereof. If, in the opinion 
of the governor and council, additional funds are necessary to carry out 
the purposes hereof, said tuition funds may be used for that purpose and 
the state treasurer is authorized to pay out the same on the governor's 
manifest. Any balance in said fund at the close of each fiscal year shall 
be transferred to the general funds of the state and the appropriations 
made hereunder shall be reduced thereby. 

13:5 Application of Funds. Amend RSA 188-A:9, as inserted by 
1961, 267:1 by striking out said section and inserting in place thereof the 



1967] Chapter 13 15 

following: I88-A:9 Federal Funds. Federal monies made available to 
the state under legislation passed prior to or after the passage of this 
chapter for technician and/or vocational-technical training may be ap- 
plied to the reduction of the costs of the technical institutes and vocational- 
technical institutes within the provisions of federal legislation and the 
state appropriation reduced thereby. 

13:6 Loan Fund. Amend RSA 188-A:10, as inserted by 1961, 267:1 
by striking out said section and inserting in place thereof the following: 
188-A:10 Revolving Fund. The board of education is authorized, within 
the limits of the appropriation made therefor, to establish and administer 
a state revolving fund to be known as Loan Fund for the Technical In- 
stitutes and Vocational-Technical Institutes. The board shall prescribe 
regulations for the giving of loans to students at the technical institutes 
and the vocational-technical institutes who are in need of financial aid, 
the repayment of said loans or other requirements relative thereto. Any 
funds hereunder shall be kept in a special account by the state treasurer 
and any repayments of loans made hereunder shall be credited to said 
special account for continued use as a loan fund. 

13:7 Special Fund. Amend RSA 188-A:11, as inserted by 1961, 267:1 
by striking out said section and inserting in place thereof the following: 
188-A:11 Building Projects Revolving Fund. There is hereby established 
to be administered by the state department of education a state revolving 
fund to be known as the Building Projects Revolving Fund. The monies 
in said fund shall be used for the purpose of carrying on small building 
construction projects, including acquisition of real estate entered into 
by the vocational-technical institutes as a part of the instructional pro- 
gram for students enrolled in the building construction trades. The con- 
struction projects authorized hereunder shall be governed by the follow- 
ing rules: (1) No more than two such buildings per school may be in the 
process of construction at the same time. (2) After completion of a build- 
ing no other may be started until the completed unit has been sold as 
hereinafter provided. When any building hereunder is completed the 
state board of education through its authorized representative, the chief 
of the division of vocational education, shall provide for and execute the 
sale of said building either at auction or by sealed bids. Funds received 
from the sale of said building under authority hereof shall be credited 
to the revolving fund thereby maintaining the revolving fund at an 
amount not to exceed eighteen thousand dollars. The excess, if any, shall 
be paid into the general funds of the state. 

13:8 Public High Schools. Amend RSA 188-A:12, as inserted by 
1961, 267:1, by striking out the word "schools" in line four and inserting 
in place thereof the word (institutes) so that said section as amended shall 
read as follows: I88-A:12 State Aid for Area Vocational Courses, The 
state board of education is hereby authorized and directed to designate 



16 Chapter 14 [1967 

certain approved vocational courses in public high schools as area voca- 
tional courses in those areas of the state where vocational-technical insti- 
tutes as defined in sections 5 and 6 of this chapter have not been estab- 
lished. The state board is further authorized to pay from its regular budget 
tuition at a rate not to exceed that prescribed under RSA 194:27 for 
pupils attending these designated courses whose residence is in a school 
district maintaining a public high school but not offering an approved 
vocational course similar to that designated as an area vocational course. 
In the event that the sum in the budget for state aid for tuition is in- 
sufficient to pay the total amount of tuition of pupils as set forth above, 
the reduction shall be prorated among the total number of eligible pupils 
so attending. All payments of tuition under this section shall be made to 
the district treasurer of the districts offering approved area vocational 
courses and credited toward the tuition charge against each pupil. 

13:9 EflFective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 2, 1967.] 
[Effective date May 1, 1967.] 



CHAPTER 14. 

AN ACT RELATIVE TO TAKING MOOSE. 

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

14:1 Wild Game. Amend RSA 208: 1-a (supp) as inserted by 1965, 
83:1 by striking out the words "willfully shoot" so that said section as 
amended shall read as follows: 208: 1-a — Moose. No person shall, at any 
time, hunt, take, or have in his possession, any moose or any part of the 
carcass thereof, taken in this state. 

14:2 Prohibitions. Amend RSA 208:21 (supp) as amended by 1955, 
62:3 and 1965, 83:2 by striking out said section and inserting in place 
thereof the following: 208:21 Penalties. A person who violates a provi- 
sion of section 1 or section 7 hereof shall be fined not more than three 
hundred dollars or imprisoned for not more than thirty days, or both; 
a person who violates a provision of section 1-a hereof shall be fined not 
less than one hundred nor more than five hundred dollars, or imprisoned 
for not more than thirty days, or both and no part of such sentence shall 
be suspended; a person who violates a provision of section 8, hereof, shall 
be fined not more than five hundred dollars or imprisoned for not more 
than thirty days, or both; a person who violates the remaining provisions 
of this chapter shall be fined as follows: for each violation of sections 2, 
3, 4, 9-17, inclusive, not more than one hundred dollars, for each viola- 
tion of sections 18 and 20, not more than ten dollars and not more than 



1967] Chapter 15 17 

five dollars additional for each rabbit, hare, or gray squirrel taken, or 
possessed, contrary to the provisions thereof. 

14:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 2, 1967.] 
[Effective date May 1, 1967.] 



CHAPTER 15. 

AN ACT RELATIVE TO BOUND COPIES OF COUNTY REPORTS. 

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

15:1 Annual Reports of County Officers. Amend RSA 30:2 by strik- 
ing out said section and inserting in place thereof the following: 30:2 
Distribution. The county commissioners shall forward one copy of said 
pamphlet to the town clerk of each town in the county, to be placed on 
file, and four copies to the secretary of state. The secretary of state shall 
cause copies of all ten counties to be suitably bound in one volume and 
keep one of the bound copies in his office and deposit the others in the 
state library. 

15:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 2, 1967.] 
[Effective date May 1, 1967.] 



CHAPTER 16. 



AN ACT RELATIVE TO DATES FOR PUBLIC HEARINGS ON REGULATIONS FOR 

TAKING FISH. 

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

16:1 Fishing Regulations. Amend RSA 206:11 by striking out the 
word "July" where it occurs in the fifth and seventh lines and inserting 
in place thereof the word (June), and by striking out the figure "10 a.m." 
where it occurs in the fourth and sixth lines and inserting in place thereof 
the figure (8 p.m.), so that said section as amended shall read as follows: 
206:11 — Hearings as to. Once each year the director shall hold public 
hearings for the purpose of hearing interested parties with respect to his 
duties, as set forth in this title. Such hearings shall be held at the superior 
court house in Concord commencing at 8 p.m. on the first Monday after 
the fourth of June, and at the superior court house at Lancaster, com- 
mencing at 8 p.m. on the first Friday following the first Monday after 



18 Chapter 17 [1967 

the fourth of June. 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 di- 
rector, or a majority of the commission not being present, or other un- 
foreseen contingency, such hearings shall be adjourned or postponed. In 
the event of such adjournment or postponement notice of the time of 
subsequent hearing shall be posted at such court house and given such 
other publicity as the director shall deem proper to give adequate notice 
thereof to interested parties. The director may in his discretion conduct 
other public or private hearings throughout the year upon petition of 
interested parties. At the annual hearings held at Concord and Lancaster 
and at other public hearings that the director shall hold in accordance 
Avith the provisions of this section, 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 complete stenographic record to be kept of 
all testimony taken. 

16:2 Effective Date. This act shall take effect June 1, 1967. 
[Approved March 2, 1967.] 
[Effective date June 1, 1967.] 



CHAPTER 17. 



AN ACT REPEALING PROVISION REQUIRING COVERING OF SNOW ON 
COVERED BRIDGE. 

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

17:1 Repeal. RSA 251:11, requiring that the travelled part of any 
covered bridge be kept covered with snow for winter travel, is hereby 
repealed. 

17:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 2, 1967.] 
[Effective date May 1, 1967.] 



CHAPTER 18. 

AN ACT RELATIVE TO THE STATE NURSES SCHOLARSHIP PROGRAM. 

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

18:1 Nurses Scholarships. Amend RSA 326:31 as amended by 1959, 
221:1 by inserting after the word "board." in line nine the words (The 
board is further authorized to require recipients who fail to meet the 



1967] Chapter 19 19 

terms of the ^vritten agreement to repay the state such amount of grant 
as the board shall determine. Such payments shall accrue in the state 
scholarship fund for nursing and may be used by the board for additional 
grants.) so that said section as amended shall read as follows: 326:31 Ad- 
ministration. The program shall be administered by the state board of 
nursino- education and nurse res^istration on the basis of financial need 
only. Applications shall be received from those student nurses who have 
successfully met pre-nursing qualifications as established by the board or 
are registered nurses. The board may make reasonable rules and regula- 
tions to carry out the purposes of this act. The board is authorized to re- 
quire recipients of assistance to enter into written agreements to render 
a substantial period of service within the state upon completion of train- 
ing or graduate program, as determined by the board. The board is fur- 
ther authorized to require recipients who fail to meet the terms of the 
written agreement to repay the state such amount of grant as the board 
shall determine. Such payments shall accrue in the state scholarship fund 
for nursing and may be used by the board for additional grants. The 
board shall annually certify to the state treasurer the names of recipients 
and amounts of scholarship aid awarded to each. 

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

[Approved March 3, 1967.] 
[Effective date May 2, 1967.] 



CHAPTER 19. 



TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION ON INTERSTATE 
COOPERATION BE ELECTED. 

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

19:1 Election of Chairman. Amend RSA 19:2 by striking out the 
entire section and inserting in its place the follo^ving: 19:2 Membership. 
The commission is composed of fifteen members, one of whom is the at- 
torney-general and fourteen of whom are appointed as follows: five mem- 
bers of the senate by the president of the senate, five members of the house 
of representatives by the speaker of the house, and four officials of the 
state by the governor. The chairman shall be elected for a term of two 
years by the members of the commission. A record of the proceedings of 
the commission shall be kept in the office of the attorney-general. 

19:2 Effective Date. This act shall take effect upon its passage. 
[Approved March 8, 1967.] 
[Effective date March 8, 1967.] 



20 Chapter 20 [1967 

CHAPTER 20. 

AN ACT RELATIVE TO VALIDATION OE DEEDS LACKING ACKNOWLEDGMENT. 

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

20:1 Acknowledgment. Amend the title of RSA 477:16 (supp) as 
amended by 1963, 65:1 by striking out the title and inserting in its place 
the following: Deeds Lacking Statement of Consideration, or Seals, or 
Witnesses, or Acknowledgments, Validated. Further amend the section 
by inserting after the word "witnessed" in line six the words, or because 
it was not acknowledged or because it was not validly acknowledged, and 
by inserting after the word "witnessed" in line ten the words, or had been 
ackno^vledo^ed, so that the section as amended shall read as follows: 477:16 
Deeds Lacking Statement of Consideration, or Seals, or Witnesses or Ac- 
knowledgments, Validated. When any instrument of writing shall have 
been on record in the office of the register of deeds in the proper county 
for the period of ten years, and there is a defect in such instrument be- 
cause it omitted to state any consideration therefor or because it was not 
sealed by the grantors or any of them, or because it was not witnessed or 
because it was not acknowledged or because it was not validly acknowl- 
edged, such instrument shall, from and after the expiration of ten years 
from the filing thereof for record, be valid as though such instrument had, 
in the first instance, stated the consideration therefor or had been sealed 
by all of the grantors or had been witnessed or had been acknowledged 
in full compliance with requirements of law, and such instrument shall, 
after the expiration of ten years from the filing of the same for record, 
impart to subsequent purchasers, incumbrancers and all other persons 
whomsoever, notice of such instrument of writing so far as and to the 
same extent that the same then be recorded, copied or noted in such 
books of record, notwithstanding such defect. Provided that nothing here- 
in contained shall be construed to affect any rights acquired by grantees, 
assignees or incumbrancers subsequent to the filing of such instrument 
for record and prior to the expiration of ten years from the filing of such 
instrument for record; and provided further, that this section shall not 
apply to conveyances or other instruments of writing, the validity of 
which is brought in question in any suit now pending in any of the courts 
of the state. 

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

[Approved March 8, 1967.] 
[Effective date May 7, 1967.] 



1967] Chapter 21 21 

CHAPTER 21. 

AN ACT RELATIVE TO LICENSES IN CONDEMNATION PROCEEDINGS. 

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

21:1 License Granted Without Hearing. Amend RSA 371 : 20 by add- 
ing at the end of the section the words (Provided, however, that such li- 
cense may be granted without hearing when all interested parties are in 
agreement) so that the section as amended shall read as follows: 371:20 
Hearing; Order. The commission shall hear all parties interested, and, 
in case it shall find that the license petitioned for, subject to such modifi- 
cations and conditions, if any, and for such period as the commission may 
determine, may be exercised without substantially affecting the public 
rights in said waters or lands, it shall render judgment granting such li- 
cense. Provided, however, that such license may be granted without hear- 
ing when all interested parties are in agreement. 

21:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 8, 1967.] 
[Effective date May 7, 1967.] 



CHAPTER 22. 



AN ACT REQUIRING FILING OF NOTIFICATION OF APPLICATIONS FOR STATE 

PARTICIPATION IN CERTAIN FEDERAL PROGRAMS AND MAKING 

OF REPORTS RELATIVE THERETO. 

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

22:1 Federal Aid Programs. Amend RSA 124 by inserting after sec- 
tion 6 the following new subdivision: 

State Participation 

124:7 Notification Required. Whenever a state agency makes ap- 
plication, enters into a contract or agreement or submits state plans for 
participation in and for grants of federal funds under any federal law 
which are not appropriated by the general court, said agency shall at the 
time of such action notify the comptroller, the fiscal committee of the 
legislature, and coordinator of federal funds and whenever any such 
application, contract, agreement or state plan is amended, the agency 
shall notify each such officer and the committee. 

124:8 Reports. Such agency shall furnish to each such officer and the 
committee a progress report in relation to each such application, contract, 
agreement or state plan at least once in each six months period following 



22 Chapter 23 [1967 

the date of the filing of the application, contract, agreement or state plan 
and shall also file a final report as to the final disposition of each such 
application, contract agreement or state plan. 

124:9 Form and Content. The form and content of the notifications 
and reports required by sections 7 and 8 shall be prescribed by the fiscal 
committee of the legislature but shall in any event include (a) the nature 
of the program in question (b) the duration of the program in question 
(c) the federal and state funds required for program initiation and the 
source of state funds (d) estimate of the federal and state funds required 
to continue the program after the initial funding and the source of state 
funds unless specifically exempted by said committee and the committee 
may exempt the department of employment security from any of the 
provisions of this subdivision to the extent and in the manner determined 
by it. 

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

[Approved March 8, 1967.] 
[Effective date May 7, 1967.] 



CHAPTER 23. 



AN ACT TO REGULATE THE AMOUNT OF RESERVES REQUIRED FOR STATE 

BANKS. 

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

23:1 Reserves For Trust Companies. Amend RSA 390:6 by striking 
out said section and inserting in its place the following: 390:6 Resei-ves. 
Every such corporation shall at all times maintain as a reserve an amount 
equal to at least twelve per cent of the aggregate amount of its demand 
deposits plus an amount equal to at least five per cent of the aggregate 
amount of its time and savings deposits. Not less than sixty per cent of 
such reserve shall consist of lawful money of the United States of America 
or balances due from other banks. The balance of such reserve shall be in 
obligations of the United States of America which shall mature within 
two years. The board of trust company incorporation created under RSA 
392 may vary the amount of reserve required and the percentages of the 
composition of such reserve, provided, however, that said board shall not 
increase the amount of reserve required for any bank to an amount in 
excess of that which is required by the Federal Reserve System of similar 
banks located in this state which are members of the Federal Reserve 
System. No new loan or investment shall be made by such corporation 
when its reserve is not in accordance with the requirements of this section. 



1967] Chapter 23 23 

23:2 Reserves for Savings Banks. Amend RSA 387:2 (supp) as 
amended by 1963, 326:4 by striking out said section and inserting in its 
place the following: 387:2 Requirements; Exception. Savings banks 
shall maintain a reserve of not less than five per cent of the amount of 
their deposits in cash, including balances in other banks, and/or obliga- 
tions of the United States of America at par value the maturity of which 
shall not exceed five years, and shall make investment of the balance of 
their funds only in the classes of securities and loans authorized by this 
chapter, provided, however, that said requirement with respect to said 
reserve shall not apply to any bank which is a member of the Federal Re- 
serve System; and provided further that a savings bank which, as of July 
I, 1963, is unable to comply with the requirements of this section without 
loss, on account of holding certain long-term obligations of the United 
States of America, may delay compliance with the requirements hereof 
with the approval of the bank commissioner. 

23:3 Savings Deposits In Trust Companies. Amend RSA 390:9 by 
striking out said section and inserting in its place the following: 390:9 
Savings Deposits. Every such corporation receiving savings deposits or 
transacting the business of a savings bank shall: 

I. Keep invested only in the classes of securities and loans author- 
ized for savings banks an amount, which when added to its reserves, is 
not less than the aggregate amount of all its savings deposits, subject to 
the limitations, however, contained in RSA 387:3, and may invest the 
balance of its funds in loans and investments authorized for the commer- 
cial department of a trust company under the provisions of RSA 392:39 
and 40. 

II. Immediately before declaring a dividend on savings deposits, set 
apart as a guaranty fund a sum equal to that portion of one quarter of 
one per cent of the savings deposits on the date of the dividend as the 
length of period covered by the dividend bears to a period of twelve 
months. The said sums shall continue to be set apart until the guaranty 
fund amounts to five per-cent of the savings deposits. The guaranty fund 
shall be invested in securities and loans which are legal investments for 
savings banks. Further additions to the guaranty fund shall be at the dis- 
cretion of the board of directors, and any sum in the guaranty fund in 
excess of the required five per cent of savings deposits may be transferred 
to the general fund at the discretion of the board of directors. Such guar- 
anty fund shall be maintained as security for savings deposits. 

23:4 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 10, 1967.] 
[Effective date May 9, 1967.] 



24 Chapter 24 [1967 

CHAPTER 24. 

AN ACT TO FIX THE PLACE OF FILING DECLARATIONS OF CANDIDACY FOR 
MEMBER OF HOUSE OF REPRESENTATIVES IN PRIMARY ELECTIONS. 

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

24:1 Primary Elections and Nominations of Candidates. Amend 
RSA 56:13 (supp) as amended by 1965, 330:4 by inserting in line five 
after the word "representatives" the words (in a representative district 
containing one town or ward); and by inserting in line eight after the 
word "for" the sentence (In a representative district containing more than 
one toAvn or ward the declaration of candidacy by the candidate shall be 
filed with the clerk of the city or town in which the candidate resides.) so 
that the said section as amended shall read as follows: 56:13 — Filing. 
Declarations of candidacy shall be filed as follows: For governor, United 
States senator or any other officer to be voted for throughout the state, 
representative in congress, councilor, state senator and for county officer, 
with the secretary of state; for member of the house of representatives in 
a representative district containing one town or ward, moderator, super- 
visor of the check-list, ward clerk, selectman of a ward where such officers 
are elected at the biennial election and delegate to a state convention, 
with the clerk of the city or town within which such officers are to be 
voted for. In a representative district containing more than one town or 
ward the declaration of candidacy by the candidate shall be filed with 
the clerk of the city or town in which the candidate resides. Persons from 
unincorporated places shall file with the town clerks of the towns desig- 
nated by the secretary of state as the place to file under RSA 59:126. 

24:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 10, 1967.] 
[Effective date May 9, 1967.] 



CHAPTER 25. 

AN ACT RELATIVE TO THE ELECTION OF DELEGATES TO STATE PARTY- 
CONVENTIONS. 

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

25:1 Delegates to State Party Convention. Amend paragraph III of 
RSA 56:5 (supp) as amended by 1965, 330:25 by inserting in said para- 
graph in the proper county and proper number of the district the follow- 
ing to indicate the number of delegates from the respective districts: 



1967] Chapter 26 25 

Belknap County District No. 3 Sanbornton 

Tilton 

Grafton County District No. 19 Ellsworth 

Holderness 
Campton 
Rumney 
Thornton 
Waterville 

Rockingham County District No. 1 Northwood 

Deerfield 
Nottingham 

25:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 10, 1967.] 
[Effective date May 9, 1967.] 



CHAPTER 26. 

AN ACT TO CORRECT CERTAIN ERRORS RESULTING FROM THE CHANGES IN 
THE APPORTIONMENT OF REPRESENTATIVES AND SENATORS. 

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

26:1 Senatorial District. Amend RSA 62:12 (supp) as amended by 
1961, 273:1 and 1965, 220:1 by inserting after the words "Bean's Grant" 
the words (Bean's Purchase) so that said section as amended shall read as 
follows: 62:12 District 1. Senatorial district number one contains Ber- 
lin, Carroll, Clarksville, Dummer, Errol, Gorham, Jefferson, Milan, Pitts- 
burg, Randolph, Shelburne, Wentworth's Location and the following 
unincorporated places: Bean's Grant, Bean's Purchase, Cambridge, Chan- 
dler's Purchase, Crawford's Purchase, Cutt's Grant, Dixville, Dix's Grant, 
Erving's Grant, Gilmanton and Atkinson Academy Grant, Green's Grant, 
Hadley's Purchase, Kilkenny, Low and Burbank's Grant, Martin's Loca- 
tion, Millsfield, Pinkham's Grant, Sargent's Purchase, Second College 
Grant, Success, and Thompson and Meserve's Purchase. 

26:2 Coos County. Amend the apportionment for district No. 10, 
paragraph IV of RSA 66:3 (supp) as amended by 1965, 216:3 by inserting 
after the words "Bean's Grant" the words (Bean's Purchase) so that said 
district No. 10 as amended shall read as follows: 

District No. 10 Second College Grant 
Millsfield 

Wentworth Location 
Dummer 
Milan 



26 Chapter 26 [1967 

Shelburne 

Success 

Errol 

Cambridge 

Atkinson-Gilmanton Academy Grant 

Dix's Grant 

Martin's Location 

Green's Grant 

Pinkham's Grant 

Sargent's Purchase 

Thompson and Meserve's Purchase 

Hadley's Purchase 

Cutt's Grant 

Bean's Grant 

Bean's Purchase 

Chandler's Purchase 

Crawford's Purchase 

Low and Burbank's Grant 1 

26:3 Grafton County. Amend the apportionment for district No. 4, 
paragraph V of RSA 66:3 (supp) as amended by 1965, 216:3 by inserting 
after the word "Lisbon" the words (Sugar Hill) so that said district No. 4 
as amended shall read as follows: 

District No. 4 Lisbon 

Sugar Hill 1 

26:4 Election of County Officers. Amend RSA 64:l-a (supp) as in- 
serted by 1955, 261:2 by striking out in line eight the words "and Monroe" 
and inserting in place thereof the following: (Monroe and Sugar Hill) 
and by striking out in lines five and six the word "Livermore" so that 
said section as amended shall read as follows: 64:l-a Grafton County 
Districts. The county of Grafton is divided into three districts for the 
purpose of choosing county commissioners and each district is entitled to 
elect one commissioner. The districts for said county shall be formed and 
limited in manner following: District 1: Canaan, Dorchester, Enfield, 
Grafton, Hanover, Lebanon, Lyme, Orford, Orange and Piermont; Dis- 
trict 2: Bath, Benton, Bethlehem, Easton, Franconia, Haverhill, Landaff, 
Lisbon, Littleton, Lyman, Monroe and Sugar Hill; District 3: Alexandria, 
Ashland, Bridgewater, Bristol, Campton, Ellsworth, Groton, Hebron, 
Holderness, Lincoln, Plymouth, Rumney, Thornton, Warren, Waterville, 
Wentworth and Woodstock. 

26:5 County Commissioner Districts. Amend paragraph VII of RSA 
64:11 by striking out said paragraph and inserting in place thereof the 
following: VII. Coos: District 1, Berlin, Gorham, Milan, Shelburne, 
Dummer and Randolph and the following unincorporated places; Bean's 
Grant, Bean's Purchase, Chandler's Purchase, Crawford's Purchase, Cutt's 



1967] Chapter 27 27 

Grant, Green's Grant, Hadley's Purchase, Low & Burbank's Purchase, 
Martin's Location, Pinkham's Grant, Sargent's Purchase and Thompson 
Sc Meserve's Purchase; district 2, Lancaster, Whitefield, Carroll, Dalton, 
Northumberland, Stark and Jefferson; and the following unincorporated 
place; Kilkenny; district 3, Colebrook, Stratford, Pittsburg, Stewartstown, 
Millsfield, Clarksville, Columbia, Errol and Wentworth's Location and 
the following unincorporated places; Atkinson & Gilmanton Academy 
Grant, Cambridge, Dix's Grant, Dixville, Erving's Grant, Odell and Sec- 
ond College Grant. 

26:6 Effective Date. This act shall take effect January I, 1968. 
[Approved March 16, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 27. 

AN ACT RELATIVE TO THE SEASON FOR TAKING RACCOONS. 

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

27:1 Fur Bearing Animals. Amend RSA 210:2 as amended by 1959, 
151:1 by striking out in line two the words "September first to December 
first" and inserting in place thereof the words (August first to December 
first) so that said section as amended shall read as follows: 210:2 Rac- 
coons. Raccoons may be taken and possessed with the aid of and by the 
use of a dog and gun from August first to December first. No person shall 
take more than three raccoons from twelve noon of one day to twelve 
noon of the following day, nor more than twenty-five raccoons in one 
season. No person shall hunt raccoons at night by the use of a rifle, re- 
volver, or pistol larger than twenty-two calibre long rifle or by the use of 
shotgun shells carrying shot larger than number four or by the use of light 
other than a kerosene lantern exclusive of the pressure type or a flash- 
light with more than seven cells. No person shall take or attempt to take 
raccoons by use of a light from a motor vehicle. 

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

[Approved March 16, 1967.] 
[Effective date May 15, 1967.] 



28 Chapter 28 [1967 

CHAPTER 28. 

AN ACT TO LIMIT THE SIZE OF HUNTING PARTIES. 

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

28:1 Taking Wild Deer. Amend RSA 208:7 by adding at the end 
thereof the words; (It shall be unlawful for more than six persons to par- 
ticipate in a joint hunt for deer, wherein an effort is made to drive deer) 
so that said section as amended shall read as follows: 208:7 Limit, Man- 
aer 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. 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. 

28:2 Effective Date. This act shall take effect September 1, 1967. 
[Approved March 16, 1967.] 
[Effective date September 1, 1967.] 



CHAPTER 29. 



AN ACT RELATIVE TO BID BONDS ISSUED IN CONNECTION WITH ANY PUBLIC 

OR PRIVATE CONTRACT. 

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

29:1 Bid Bonds. Amend RSA 405:18 by adding at the end thereof 
the following sentence (Provided, however, that the provisions of this 
section shall not apply to bid bonds issued in connection with any public 
or private contract) so that said section as amended shall read as follows: 
405:18 Insuring Through Agents. Foreign insurance or surety com- 
panies, although authorized to transact business within this state, shall 
only make, write, place, or cause to be made, written, or placed, policies 
or contracts of insurance or suretyship which are to be effective within 
this state, through agents who are residents of this state and who are regu- 
larly commissioned and licensed to transact business here. Provided, how- 
ever, that the provisions of this section shall not apply to bid bonds issued 
in connection with any public or private contract. 

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

[Approved March 16, 1967.] 
[Effective date May 15, 1967.] 



1967] Chapter 30 29 

CHAPTER 30. 

AN ACT REPEALING REQUIREMENTS FOR CERTIFICATES TO COUNTY 
ATTORNEY REGARDING ENFORCEMENT OF DOG LAW. 

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

30:1 Repeal. RSA 466:17 and 18, requiring certificates to be sent to 
county attorney relative to issuance of warrants for killing of dogs, are 
hereby repealed. 

30:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 16, 1967.] 
[Effective date May 15, 1967.] 



CHAPTER 31. 



AN ACT REPEALING PROVISIONS ALLOWING SELECTMEN TO EXEMPT 
VEHICLES FROM DISPLAYING LIGHTS THEREON. 

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

31:1 Repeal. RSA 250:6 and 7, relative to the authority of selectmen 
to exempt vehicles from displaying lights thereon, are hereby repealed. 

31:2 Vehicles. Amend RSA 250:5 (supp) as amended by 1965, 359:1 
by striking out the words "except as herein otherwise provided" in line 
one and two so that said section as amended shall read as follows: 

250:5 Period of Lighting. Every vehicle, including bicycles, whether 
stationary or in motion, on any public highway or bridge, shall have at- 
tached to it a light or lights, which shall be so displayed as to be visible 
from the front and rear, during the period from one-half hour after sunset 
to one-half hour before sunrise. 

31:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 16, 1967.] 
[Effective date May 15, 1967.] 



30 Chapter 32 [1967 

CHAPTER 32. 

AN ACT PROVIDING AUTHORITY TO DISREGARD ERRORS OF LESS THAN ONE 
DOLLAR IN PAYMENT OF INCOME TAX. 

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

32:1 Authority to Disregard Minor Errors. Amend RSA 77 by in- 
serting after section 27 the following new section: 77:27-a Minor Over or 
Under Payments Disregarded. Whenever it appears upon audit of his 
return that a taxpayer has overpaid his tax or has failed to pay the correct 
amount due and the discrepancy is less than one dollar, the director may, 
in his discretion, disregard the error and consider the matter closed if in 
his opinion the cost to the state to rectify the error would exceed the 
amount involved. 

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

[Approved March 16, 1967.] 
[Effective date May 15, 1967.] 



CHAPTER 33. 



AN ACT ELIMINATING A CLOSED SEASON ON SKUNK AND INCREASING 
PENALTIES FOR TAKING FUR-BEARING ANIMALS. 

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

33:1 Fur-Bearing Animals. Amend RSA 210:1, as amended by 1955, 
65:1; 97:1, 1957, 151:1, and 1959, 189:1 by striking out the word "skunk" 
when it occurs in lines one and three so that said section as amended shall 
read as follows: 210:1 Otter, Mink and Muskrat. Otter, mink and musk- 
rat may be taken and possessed from October tAventieth to February first 
in Coos, Carroll and Grafton counties. Otter, mink and muskrat may be 
taken and possessed from November first to March thirty-first in all other 
counties of the state. In addition to the above open seasons, otter may be 
taken and possessed at any time and any place when the director has de- 
clared an open season as provided in section 5. 

33:2 Increase in Penalties. Amend RSA 210:19 by striking out the 
w^ord "ten" in line three and inserting in place thereof the words (one 
hundred) and by striking out the word "skimk" in line four so that said 
section as amended shall read as follows: 210:19 Fines. A person who 
violates a provision of this chapter shall be fined as follows: For each vio- 
lation of sections 1 to 4, inclusive, and sections 11 to 14, inclusive, not 
more than one hundred dollars and not more than five dollars additional 



1967] Chapter M 31 

for each otter, mink, muskrat, raccoon, taken or possessed contrary to the 
provisions thereof, and not more than fifty dollars additional for each 
sable, marten or fisher so taken or possessed; for each violation of sections 
15 and 16, not more than five hundred dollars, and such person shall 
be liable for twice the amount of the damage caused by his act, to be re- 
covered by the person or his estate sustaining the injury or loss, and for 
each violation of section 17, not more than fifty dollars. 

33:3 Effective Date. This act shall take effect sixty days after passage. 
[Approved March 17, 1967.] 
[Effective date May 16, 1967.] 



CHAPTER 34. 

AN ACT RELATIVE TO DISTRIBUTION OF PRIMARY BALLOTS. 

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

34:1 Primary Election Ballots. Amend RSA 56:32 (supp) as amended 
by 1963, 76:1 by striking out said section and inserting in place thereof 
the following: 56:32 Number. Not later than six days before a primary 
the secretary of state shall furnish to the clerk of each town and ward 
ballots for each political party as follows: For each fifty and fraction of 
fifty voters of each party, as he may determine from the number of voters 
of the respective party on the checklist as used at the last preceding pri- 
mary election, sixty ballots of said party, except that when any party has 
less than ten voters on said checklist he shall furnish twenty-five ballots. 

34:2 Report to Secretary of State. Amend RSA 56 by inserting after 
section 42 the following new section: 56:42-a Number of Names. The 

supervisors shall certify to the secretary of state the total number of voters 
registered in each party on the checklist as used at each primary. This 
report shall be forwarded to the secretary of state within ten days after 
the primary. 

34:3 Special Provisions. For use in sending ballots to towns and 
wards for the 1968 primary the secretary of state shall contact supervisors 
relative to checklists used at the 1966 primary and ascertain the number 
of voters registered in each party at said election. 

34:4 Effective Date. This act shall take effect January 1, 1968. 
[Approved March 23, 1967.] 
[Effective date January 1, 1968.] 



32 Chapter 35 [1967 

CHAPTER 35. 

AN ACT EXTENDING VETERANS' TAX EXEMPTION TO VETERANS OF THE 

VIET NAM CONFLICT. 

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

35:1 Exemption Extended. Amend paragraph I of RSA 72:28 (supp) 
as amended by 1955, 289:1 and 1963, 49:1, 118:1 and 324:1 by striking 
out in line four the word "or" and inserting after the word "Conflict" the 
words (or Viet Nam Conflict) so that said paragraph as amended shall read 
as follows: I. Every resident of this state who served not less than ninety 
days in the armed forces of the United States in any of the following wars 
or armed conflicts, the Spanish War, Philippine Insurrection, Boxer Re- 
bellion, World War I, World War II, Korean Conflict, or Viet Nam Con- 
flict, as hereinafter defined who have been discharged or separated there- 
from under conditions other than dishonorable or the spouse of such 
resident, or the widow of such resident, and every resident, or the spouse 
of such resident, ^vhose services were terminated for a service-connected 
disability, and the widow of any resident who suffered a service-connected 
death, in consideration of such service, shall be exempt each year from 
taxation upon his or her residential real estate, to the value of one thou- 
sand dollars, as hereinafter provided. 

35:2 Viet Nam Conflict Defined. Amend paragraph III of RSA 72:28 
(supp) as amended by 1955, 289:1 and 1963, 49:1, 118:1, and 324:1 by 
inserting at the end thereof the following ( (7) "Viet Nam Conflict" be- 
tween Aug. 5, 1964 and the end of hostilities as declared by Congress) 
so that said paragraph as amended shall read as follows: 

III. The following terms as used in this section shall be construed 
as follows: 

(1) "Spanish War" between April 21, 1898 and April 11, 1899. 

(2) "Philippine Insurrection" between April 12, 1899 and July 4, 
1902, extended to July 15, 1903 for service in the Moro Provinces. 

(3) "Boxer Rebellion" between June 16, 1900 and May 2, 1901. 

(4) "World War I" between April 6, 1917 and November 11, 1918, 
extended to April 1, 1920 for service in Russia, provided that military or 
naval service on or after November 12, 1918 and before July 2, 1921 
where there was prior service between April 6, 1917 and November 11, 
1918 shall be considered as World War I service. 

(5) "World War 11" between December 7, 1941 and December 31, 
1946. 

(6) "Korean Conflict" between June 25, 1950 and July 27, 1953. 



1967] Chapter 36 33 

(7) "Viet Nam Conflict" between Aug. 5, 1964 and the end of hos- 
tilities as declared by Congress. 

35:3 Effective Date. This act shall take effect April 1, 1967. 
[Approved March 23, 1967.] 
[Effective date April 1, 1967.] 



CHAPTER 36. 

AN ACT TO INCREASE THE SALARY OF ROCKINGHAM COUNTY TREASURER. 

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

36:1 Rockingham County Treasurer. Amend RSA 29:14 (supp) as 
amended by 1955, 172:2, 247:3, 1957, 149:1, 1963, 8:1 and 1965, 262:2 
by striking out the words "In Rockingham, twelve hundred dollars" in 
line four and inserting in place thereof the words (In Rockingham, fifteen 
hundred dollars) so that said section as amended shall read as follows: 
29:14 Salaries. The annual salaries of the treasurers of the several coun- 
ties to be in full for their services and allowances of every kind, except as 
hereinafter provided, shall be as follows: 

In Rockins^ham, fifteen hundred dollars. 

In Strafford, five hundred dollars. 

In Belknap, five hundred dollars. 

In Carroll, seven hundred fifty dollars. 

In Merrimack, six hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, four hundred dollars. 

In Sullivan, five hundred dollars. 

In Grafton, five hundred dollars. 

In Coos, five hundred dollars. 

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

36:2 Effective Date. This act shall take effect January 1, 1968. 
[Approved March 23, 1967.] 
[Effective date January 1, 1968.] 



34 Chapter 37 [1967 

CHAPTER 37. 

AN ACT TO INCREASE CERTAIN FEES UNDER COMMERCIAL CODE. 

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

37:1 Uniform Commercial Code. Amend paragraph (5) of RSA 
382-A:9-403, as inserted by 1959, 247:1 and amended by paragraph XII 
of 1961, 112:1 by striking out said paragraph and inserting in place there- 
of the following: (5) The fee for filing, indexing and furnishing filing 
data for an original or a continuation statement, or any amendment 
thereof, on a form conforming to standards prescribed by the secretary of 
state shall be two dollars, or, if the statement does not conform to such 
form but otherwise conforms to the requirements of section 9-402, three 
dollars. 

37:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 23, 1967.] 
[Effective date May 22, 1967.] 



CHAPTER 38. 



AN ACT TO PERMIT MUNICIPALITIES TO ACCEPT GRANTS OF FEDERAL OR 

STATE AID OR BOTH FOR CAPITAL PROJECTS AND TO BORROW MONEY 

IN ANTICIPATION OF THE RECEIPT OF SUCH GRANTS. 

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

38:1 Debt Limit. Amend the definition of net indebtedness in RSA 
33:1 (supp) as amended by 1955, 329:3; 1957, 142:3 and 1961, 120:1 by 
inserting after the words "notes issued according to la^v" in line three 
the Avords (or notes issued in anticipation of grants of federal or state aid 
or both) so that said definition as amended shall read as follows: "Net 
Indebtedness," all outstanding and authorized indebtedness, heretofore 
or hereafter incurred by a municipality, exclusive of unmatured tax anti- 
cipation notes issued according to law, or notes issued in anticipation of 
grants of federal or state aid or both, debts incurred for supplying the 
inhabitants with water or for the construction, enlargement, improvement 
or maintenance of water works, debts incurred to finance the cost of sew- 
erage systems or enlargements or improvements thereof, or sewage or 
waste disposal works when the cost thereof is to be financed by sewer rents 
or sewer assessment, debt incurred pursuant to RSA 31:10, debts incurred 
outside the statutory debt limit of the municipality under any general law 
or special act heretofore or hereafter enacted (unless otherwise provided 



1967] Chapter 39 35 

in such legislation), and sinking funds and casli applicable solely to the 
payment of the principal of debts incurred within the debt limit. 

38:2 BoiTOwing. Amend RSA 33 by inserting after section 7-a (supp) 
as inserted by 1957, 89:1, and as amended by 1963, 151:2 and 1965, 322:1, 
the following new section: 33:7-b Anticipation of Federal or State Aid. 
A municipality may contract for or accept grants of federal or state aid 
or both in connection with any project for which the municipality may 
incur indebtedness under section 3 of this chapter; and, after their re- 
ceipt, such grants shall be expended according to the terms under which 
they are received or used to pay indebtedness incurred under tliis section. 
Any municipality which has contracted for or accepted an offer of a grant 
of federal or state aid or both may incur indebtedness in anticipation of 
the receipt of sucli aid by issuing its note or notes payable not more than 
two years from their dates, except that notes issued for a shorter period 
than two years may be funded and refunded from time to time by the 
issue of other notes Avhich shall be payable no later than two years after 
the date of issue of the original note or notes creating the indebtedness 
being funded or refunded. In the case of a city the authority to contract 
for or accept grants of federal or state aid or both shall be given by a reso- 
lution passed in the manner provided in section 9 of this chapter, and in 
the case of a town, school district or village district the authority shall 
be given by a vote of two-thirds of all the voters present and voting at an 
annual or special meeting of such corporation; and the giving of such 
authority shall be sufficient to authorize the appropriate officers as speci- 
fied in sections 8 and 9 of this chapter to issue notes as provided in this 
section without further proceedings by the municipality. Nothing con- 
tained in this section shall be construed to authorize the appropriation 
of any money in a manner which is inconsistent with laws relating to ap- 
propriations of money by municipalities. 

38:3 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 23, 1967.] 
[Effective date May 22, 1967.] 



CHAPTER 39. 

AN ACT TO REMOVE THE CONTROL OF THE PUBLIC UTILITIES COMMISSION 

OVER THE ACCOUNTS AND RECORDS OF MUNICIPAL LIGHTING 

AND WATER SYSTEMS. 

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

39:1 Repeal. RSA 38:1, which subjects accounts and records of mu- 
nicipal lighting and water systems to the control of the public utilities 
commission, is hereby repealed. 



36 Chapter 40 [1967 

39:2 Effective Date. This act shall take effect sixty days after its pas- 
sage. 

[Approved March 23, 1967.] 
[Effective date May 22, 1967.] 



CHAPTER 40. 

AN ACT RELATIVE TO TRANSFERS FROM THE DISTRICT COURTS TO THE 

SUPREME COURT. 

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

40:1 District Courts. Amend RSA 502-A (supp) as inserted by 1963, 
331:1 by inserting after section 17 the following new section: 502-A:17-a 
Transfers to Supreme Court. In any criminal case or civil cause in any 
district court questions of law may be transferred to the supreme court 
in the same manner as from the superior court under RSA 491:17. 

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

[Approved March 23, 1967.] 
[Effective date May 22, 1967.] 



CHAPTER 41. 



AN ACT RELATIVE TO NAMING OF A BRIDGE THE PISCATAQUA RIVER BRIDGE. 

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

41:1 Piscataqua River Bridge. The high-level bridge over the Pis- 
cataqua river between the city of Portsmouth and the town of Kittery, 
Maine, the laying out of which, acquiring land for and engineering of 
were authorized by chapter 61 of the Laws of 1965, shall be known as the 
Piscataqua River Bridge. 

41:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved March 9, 1967.] 
[Effective date May 8, 1967.] 



1967] Chapter 42 37 

CHAPTER 42. 

AN ACT RELATIVE TO THE SALE OF SWEEPSTAKES TICKETS. 

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

42:1 Authority Enlarged. Amend paragraph II of RSA 284:2 1-h as 
inserted by 1963, 52:1 and amended by 1963, 200:3 and 1965, 200:1 by in- 
serting after subparagraph (b) the following ne^v subparagraphs: 

(c) May be sold by the sweepstakes commission in the folIoAving lo- 
cations: 

(1) at, within, or upon the following premises owned or controlled 
by the state: Franconia Notch State Park, Hampton Beach State Park, 
Mount Sunapee State Park, and Crawford Notch State Park. The state 
agency responsible for the operation of these locations shall have regula- 
tory powers over the sales and advertising of sweepstakes tickets at the 
above locations. 

(2) at, Avithin, or upon the following premises owned or controlled 
by a political subdivision of the state: Weirs Beach, provided however 
that the voters of the city of Laconia have signified their approval of the 
sale of sweepstakes tickets in said city pursuant to the provisions of RSA 
284:21-k at the biennial election of November, 1966 and so signify bien- 
nially thereafter. The sweepstakes commission shall obtain prior per- 
mission from the administrative authorities for this location before sell- 
ing tickets at, within, or upon these premises. 

(d) May be sold by or for the sweepstakes commission in the follow- 
ing locations. Such major type hotels, motels, banks, commercial areas, 
and local fairs as are approved by the commission, provided however 
that all sales in commercial areas shall be only by employees of the sweep- 
stakes commission or from mobile units operated by the commission. Sales 
at all of the above locations shall be subject to rules and regulations es- 
tablished by the commission, and provided however that the voters of 
the cities or towns in which the respective sales outlets are located have 
signified their approval of the sale of sxveepstakes tickets in said cities or 
towns pursuant to the provisions of RSA 284:21-k at the biennial elec- 
tion of November, 1966 and so signify biennialy thereafter. Tickets may 
be sold only in such of these locations as desire to cooperate. The com- 
mission and management shall make mutually agreeable arrangements 
to accomplish the sale of tickets at a uniform rate of compensation. 

(e) Persons who have been convicted of a felony shall not be allowed 
to sell sweepstakes tickets. 

42:2 Effective Date. This act shall take effect upon passage. 
[Approved April 4, 1967.] 
[Effective date April 4, 1967.] 



38 Chapter 43 [1967 

CHAPTER 43. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS IN BUILDINGS AT 

HAMPTON BEACH AND IMPROVEMENTS ON LAND SUBJECT TO 

U. S. FOREST SERVICE PERMITS. 

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

43:1 Savings Banks, Investments. Amend paragraph II o£ RSA 387:4 
(supp) as amended by 1957, 39:1 by striking out the word "twenty-five" in 
line 12 thereof and inserting in place therefor the word (twenty) so that 
said paragraph as amended shall read as follows: 

II. Buildings at Hampton and Improvements on Land Subject to a 
United States Forest Service Permit. The following shall be construed to 
be real estate for the purposes of paragraph I. (1) Buildings on land at 
Hampton in the county of Rockingham owned by lessees of real estate 
owned by the town of Hampton and leased by said town to Hampton 
Beach Improvement Company or directly to other lessees, together '^vith 
those owned by sublessees or lessees of Hampton Beach Improvement 
Company or the town of Hampton, and (2) improvements, buildings and 
structures on land within national forests within this state upon which 
the mortgagor holds a term special use permit from the United States 
Forest Service of not less than twenty years' duration. 

43:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



CHAPTER 44. 



AN ACT RELATIVE TO NON-RESIDENT STUDENTS OF THE UNIVERSITY OF 

NEW HAMPSHIRE. 

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

44:1 Non-resident Students. Amend RSA 187:29 by striking out the 
Avord "fifteen" in line three and inserting in its place the word (twenty- 
five) so that the section as amended shall read as follows: 187:29 Per- 
centages. The number of students enrolled in the University of Ncav 
Hampshire from residences outside the state in any year shall not exceed 
twenty-five percent of the maximum capacity for regular undergraduate 
students at the university as determined by the board of trustees. 

44:2 Effective Date. This act shall take effect September 1, 1967. 
[Approved April 5, 1967.] 
[Effective date September 1, 1967.] 



1967] Chapter 45 39 

CHAPTER 45. 

AN ACT TO AUTHORIZE ABSENTEE BALLOTS TO BE DEPOSITED IN BALLOT 
BOXES WHILE THE POLLS ARE OPEN. 

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

45:1 Absentee Voting. Amend paragraph I of RSA 60:8 (supp) as 
amended by 1965, 249:1 by striking out the first sentence of the paragraph 
and inserting in its place the following two new sentences: (Absentee bal- 
lots may be deposited in the ballot boxes either during the time the polls 
are open or immediately after the polls are closed, or both, but they must 
be deposited before the ballots cast have been removed from the ballot 
box. In either case, the moderator shall open the envelopes which were 
delivered to the moderator under the preceding section) so that the said 
paragraph as amended shall read as follows: 

60:8 Procedure by Moderator. 

I. Absentee ballots may be deposited in the ballot boxes either dur- 
ing the time the polls are open or immediately after the polls are closed, 
or both, but they must be deposited before the ballots cast have been 
removed from the ballot box. In either case, the moderator shall open 
the envelopes which were delivered to the moderator under the preceding 
section. The moderator shall remove the inner envelopes containing the 
ballots of absentee voters and shall compare the signatures on the inner 
envelopes with the signatures on the application for the ballot. If (1) the 
name of the voter is on the check list, and (2) the affidavits on the en- 
velope appear to be properly executed, and (3) the signatures on the 
affidavits appear to be executed by the same person who signed the appli- 
cation, and (4) the signatures appear to be the signatures of a duly quali- 
fied voter who has not voted at the election, the moderator shall publicly 
announce the name of the absentee voter. After announcing the name of 
the voter, the moderator shall open the envelope containing the ballot 
so that the affidavit on the envelope is not destroyed. The moderator shall 
then take the ballot out of the envelope without unfolding the ballot or 
without permitting the ballot to be opened or examined. The moderator 
shall then have a check mark placed against the name of the absentee 
voter on the voting list by writing on the voting list the letters "A. V." in 
red ink, and shall then deposit the ballot in the ballot box. 

45:2 When Clerk to Deliver Absentee Ballots. Amend RSA 60:7 
(supp) as amended by 1965, 225:2 by striking out in line six the words 
"before the hour for closing" and inserting in place thereof the ^vords 
(Avithin one hour of the opening) and by inserting after the word "there- 
fore" in line nine the words (and thereafter the said clerk shall deliver 
to the moderators before the hour for the closing of the polls whatever 
envelopes (with applications) purporting to contain official absentee vot- 



40 Chapter 46 [1967 

ing ballots said clerk receives during the day.) so that said section as 
amended shall read as follows: 60:7 Procedure, by Clerk. Upon receipt 
of the envelope (mailed or delivered to the town clerk,) purporting to 
contain an official absentee voting ballot, the clerk of the city or town 
shall attach thereto the application for an official absentee voting ballot 
executed by the voter whose name appears thereon. All such envelopes 
shall be preserved unopened. Upon election day within one hour of the 
opening of the polls the said clerk shall deliver all envelopes (with ap- 
plications) received by him to the moderators in the several voting pre- 
cincts in which the voters named therein assert the right to vote, taking 
a receipt from the moderator therefore and thereafter the said clerk shall 
deliver to the moderators before the hour for the closing of the polls 
whatever envelopes (with applications) purporting to contain official 
absentee voting ballots said clerk receives during the day. No absent 
voter's ballot shall be cast or counted unless it be delivered to the mod- 
erator at the proper polling place prior to the closing of the polls on the 
day of the election. 

45:3 Absentee Voter Precluded from Voting in Person. RSA 60:12 
relating to an absentee voter having the right to vote in person is hereby 
repealed. 

45:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



CHAPTER 46. 

AN ACT RELATIVE TO OPEN SEASON FOR TAKING BLACK BEAR. 

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

46:1 Change in Open Season. Amend RSA 208:22 (supp) as inserted 
by 1961, 126:1 and amended by 1963, 311:1 and 1965, 143:2 by striking 
out the word and figure "December 10" and inserting in place thereof 
the words (the last day of the current deer season) so that said section as 
amended shall read as follows: 208:22 Wild Black Bear. Wild black 
bear, outside of game preserves, may be taken and possessed from one-half 
hour before sunrise to one-half hour after sunset in all counties of the 
state from September 1 to the last day of the current deer season inclu- 
sive, provided that no bear shall be taken at any time on any island or in 
any waters or lakes or ponds. Wild black bear may be taken by the aid 
and use of dogs from September 1 to November 14 inclusive with WTitten 
permission of the director or his agents. Wild black bear may be taken 
by the aid and use of dogs, firearms and by bow and arrow of at least 



1967] Chapter 47 41 

forty pound pull provided that no person shall take bear by the aid or 
use of a jack or artificial light, trap, snare, swivel, pivot or set gun or 
calibre .22 rimfire firearm unless otherwise herein provided. Any person 
who kills a wild bear as provided by this section shall report as outlined 
in section 23 of this chapter. Landowners, or their agents, shall be per- 
mitted to set traps for bear doing actual or substantial damage to prop- 
erty. Such trapping shall only be permitted after the director or his agent 
has been notified of damage and has investigated such complaint. The 
director or his agents may then issue a special permit for the use of traps. 
Said permit shall state the location of traps and the dates when trapping 
shall be allowed. Any traps set as hereinbefore described shall be arranged 
and set in accordance with RSA 210:15. The carcass of a bear legally 
taken and reported may be bought and sold. Live bear may not be offered 
for sale at any time unless by a person permitted so to do by the director. 
Any person who violates any provision of this section shall be fined not 
more than five hundred dollars or imprisoned not more than thirty days, 
or both. 

46:2 Effective Date. This act shall take effect September 1, 1967. 
[Approved April 5, 1967.] 
[Effective date September 1, 1967.] 



CHAPTER 47. 



AN ACT TO CLOSE CERTAIN RETAIL STORES UP TO ONE O'CLOCK IN THE 
AFTERNOON ON MEMORIAL DAY AND VETERANS DAY. 

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

47:1 Holidays. Amend RSA 578 by inserting after section 5 the fol- 
lowing new section: 578:5-a Retail Businesses, Closed on Memorial Day 
and Veterans Day. Any retail business that is required to be closed on 
Sunday under the provisions of this subdivision may not be opened for 
business on May thirtieth and November eleventh until one o'clock in 
the afternoon. 

47:2 Effective Date. This act takes effect sixty days after its passage. 
[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



42 Chapter 48 [1967 

CHAPTER 48. 

AN ACT INCREASING FEES FOR LOBSTER LICENSES. 

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

48:1 Shellfish. Amend RSA 211:38, as amended by 1961, 146:1 by 
striking out said section and inserting in place thereof the following: 
211:38 Lobster Meat. No person shall sell lobster meat which has not 
been processed and sealed within containers which do not require refrig- 
eration "without first procuring a license so to do. The director shall issue 
such license for a period of one calendar year which license shall expire 
on December 31 of each year. A separate license shall be required for 
each market, store, vehicle, motel, hotel, restaurant, stand, inn, caterer 
or other facility where lobster meat is sold. The following fees shall apply 
for licenses issued under this section: To a resident, for lobster meat li- 
cense, five dollars, and for each lobster meat license for additional facility, 
three dollars: to a nonresident for a lobster meat license, twenty dollars, 
and for each lobster meat license for additional facility ten dollars. 

48:2 License. Amend paragraph II of RSA 211:39 by striking out 
said paragraph and inserting in place thereof the following: II. Fees. 
The following shall be collected for licenses issued under the provisions 
of paragraph I: To a resident, for a retail dealer's license, five dollars and 
for each license for additional facilities, three dollars; to a nonresident, 
for a retail dealer's license, thirty-five dollars, and for each additional fa- 
cility, ten dollars. 

48:3 Wholesale Dealers. Amend paragraph IV of RSA 211:39 by 
striking out said paragraph and inserting in place thereof the follo^ving: 
IV. Fees. The following fees shall be collected for licenses issued under 
the provisions of paragraph III: To a resident, for a wholesale dealer's 
license, thirty-five dollars, and for each license for an additional facility, 
ten dollars; to a nonresident, for a wholesale dealer's license, one hundred 
dollars, and for each license for an additional facility, twenty dollars. 

48:4 Lobster Meat Containers. Amend RSA 211:27 (supp) as amend- 
ed by 1965, 305:4 by striking out said section and inserting in place 
thereof the following: 211:27 Legal Length. All lobster meat sold as 
such shall be delivered in containers marked as prescribed by the rules 
and regulations promulgated by the director. No person may transport, 
buy, sell, give away, or expose for sale, or possess for any purpose, any 
lobster less than three and one-eighth inches in length alive or dead, 
cooked or uncooked, measuring from the rear of the eye socket along a 
line parallel to the center line of the body shell to the rear end of the 
body shell. Whoever ships, transports, carries, buys, gives away, sells or 
exposes for sale, or possesses for any purpose, lobster meat after the meat 
has been taken from the shell, without the tail meat being whole and 



1967] Chapter 49 43 

intact, and of a length of less than four and one-quarter inches when laid 
out straight and measured from end to end, not including the small part 
that is on the body end of the tail meat, shall be liable to the penalty im- 
posed for violation of this section. 

48:5 Effective Date. This act shall take effect January 1, 1968. 
[Approved April 5, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 49. 

AN ACT RELATIVE TO THE DURATION OF PERMIT TO IMPORT BAIT FISH. 

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

49:1 Importation of Bait Fish. Amend RSA 214:34-d (supp), as 
inserted by 1965, 347:1 by striking out the figure and word "30 days" in 
the third line and inserting in place thereof the words (one year); further 
amend said section by inserting in line five after the word "supply" the 
words (Five days') so that said section as amended shall read as follo"\vs: 
214:34-d Permit to Import. No fish of any description shall be brought 
into this state for use as bait without first procuring a permit from the 
director. Such permit shall be valid for no longer than one year but no 
additional permit shall be required within that period of time to import 
the same species of fish from the same source of supply. Five days' notifi- 
cation of each intent to import shall be filed with the director. The fee 
for such permit is five dollars. 

49:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



CHAPTER 50. 



AN ACT RELATIVE TO ISSUANCE OF NONRESIDENT HONORARY FISHING AND 

HUNTING LICENSES. 

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

50:1 Fishing and Hunting. Amend RSA 214:13-a, as inserted by 
1955, 41:1, by striking out said section and inserting in place thereof the 
following: 214:13-a Nonresident Honorary Licenses. The director may 
issue honorary hunting or fishing licenses to the President and Vice Presi- 
dent of the United States and to nonresident governors, fish and game 



44 Chapter 51 [1967 

officials, accredited sports writers and photographers, recognized conserva- 
tionists, and foreign ambassadors and dignitaries ^vithout charge. During 
a calendar year there shall be no limit as to the number of each type of 
honorary license so issued. The director shall determine the form of such 
honorary licenses. The fish and game commission shall periodically re- 
\"ie"\v the total issue of honorary licenses hereunder, and may regulate the 
number thereof. The director shall on or before January 15, 1969 and 
biennially thereafter on or before each January 15th in each year the 
general court assembles submit a complete list, to the chairman of both 
the house and senate fish and game committee, containing the names, ad- 
dresses, and positions or titles of all persons to whom such an honorary 
license has been issued and each such license issued shall be consecutively 
numbered. 

50:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



CHAPTER 51. 



AN ACT RELATIVE TO INVESTMENTS BY DOMESTIC LIFE INSURANCE 

COMPANIES. 

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

51:1 Prudent Investments. Amend RSA 411:15 by inserting after 
paragraph VII (supp) as inserted by 1957, 114:1 the following new para- 
graph: VIII. Not exceeding five per cent of the total admitted assets of 
such a company in securities which are not authorized investments under 
this section or section 16, 16-a or 19 of this chapter, but which are prudent 
investments for such a company to make. 

51:2 Investments of Life Insurance Companies. Amend RSA 411:19 
(supp) as amended by 1957, 114:3 by striking out clause (a) and inserting 
in place thereof the following: ( (a) to an amount which, when added to 
investments made pursuant to paragraph VIII of section 15 of this chap- 
ter, does not exceed ten per cent of their total admitted assets in loans or 
investments not qualifying or not permitted under sections 15 or 16 
above, and) so that the said section as amended shall read as follo^vs: 
411:19 Other Investments. Subject to the approval of the insurance com- 
missioner, such companies may invest their funds 

(a) to an amount which, when added to investments made pursuant 
to paragraph VIII of section 15 of this chapter, does not exceed ten per 
cent of their total admitted assets in loans or investments not qualifying 
or not permitted under section 15 or 16 above, and 



1967] Chapter 52 45 

(b) in the stock of another insurance company, notwithstanding the 
provisions of RSA 402:29. 

51:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 5, 1967.] 
[Effective date June 4, 1967.] 



CHAPTER 52. 



AN ACT PERMITTING CERTAIN EMPLOYEES AT STATE INSTITUTIONS TO HAVE 
UNIFORMS LAUNDERED AND RECEIVE LIMITED MEDICAL TREATMENT. 

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

52:1 Laundry and Medical Treatment Permitted. Amend RSA 
99:2-a (supp) as inserted by 1965, 239:10 by adding at the end thereof the 
following: (Provided further that all employees of New Hampshire Hos- 
pital, Laconia State School, and Glencliff Sanatorium, who are required 
by the administration of their respective institution to wear uniforms or 
other required attire, shall be allowed to have said uniforms or required 
attire laundered at no cost to them by their respective institution and all 
employees of said institutions shall receive from regularly employed insti- 
tutional physicians out-patient diagnostic screening and limited ambula- 
tory treatment at no cost to them except for the filling of prescription 
drugs that might be indicated) so that said section, as amended, shall read 
as follows: 

99:2-a Maintenance for Classified Employees. No classified employee 
shall receive any maintenance or payment in lieu thereof from the state, 
provided however that if quarters are available at any state institution 
or on any state property the department head thereof may assign to a 
classified employee such quarters, furnished or unfurnished, including 
only any or all of the following utilities: heat, fuel, gas, electricity and 
water, and provided further that a department head of a state agency 
which serves prepared meals may permit any classified employee to pur- 
chase such meals. Such employee shall reimburse the state for such quar- 
ters or meals at a rate to be determined by the personnel commission. 
Provided further that all employees of New Hampshire Hospital, Laconia 
State School, and Glencliff Sanatorium, who are required by the adminis- 
tration of their respective institution to wear uniforms or other required 
attire, shall be allowed to have said uniforms or required attire laundered 
at no cost to them by their respective institution and all employees of 
said institutions shall receive from regularly employed institutional physi- 
cians out-patient diagnostic screening and limited ambulatory treatment 



46 Chapter 53 [1967 

at no cost to them except for the filling of prescription drugs that might 
be indicated. 

52:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 12, 1967.] 
[Effective date April 12, 1967.] 



CHAPTER 53. 

AN ACT RELATIVE TO PARI-MUTUEL POOLS AT RUNNING HORSE RACE MEETS. 

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

53:1 Horse Racing. Amend paragraph I of RSA 284:22, as amended 
by 1955, 74:1, 1957, 122:1 and 1961, 34:1 by striking out the word "four- 
teen" in line three and inserting in place thereof the word (fifteen) and 
by striking out the word "seven" in line nine and inserting in place thereof 
the word (seven and one-half) so that said paragraph as amended shall 
read as follows: I. Commissions on such pools at tracks or race meets 
conducting a running horse race or running horse meet shall be uniform 
throughout the state at the rate of fifteen per cent of each dollar wagered 
plus the odd cents of all redistribution to be based upon each dollar 
wagered, exceeding a sum equal to the next lowest multiple of ten, known 
as "breakage," one-half of which breakage shall be retained by the licensee 
and the balance shall be paid to the state treasurer for the use of the state 
in accordance with the provisions of section 2. Said maximum shall in- 
clude the seven and one-half per cent tax hereinafter prescribed. 

53:2 Tax. Amend paragraph I of RSA 284:23, as amended by 1955, 
74:2, 1957, 122:2, and 1959, 181:4 by striking out the word "seven" in 
line three and inserting in place thereof the words (seven and one-half) 
and by striking out the words "six and three-fourths" in line six and in- 
serting in place thereof the words (seven and one-fourth) so that said 
paragraph as amended shall read as follows: I. Each person, association 
or corporation licensed to conduct a running horse race or running horse 
meet under this chapter shall pay to the state treasurer a sum equal to 
seven and one-half per cent of the total contributions to all pari-mutuel 
pools conducted or made at any running horse race or rimning horse meet 
licensed hereunder. Of the amount so paid to the state treasurer a sum 
equal to seven and one-fourth per cent of said total contributions shall 
be distributed in accordance with the provisions of section 2 of this chap- 
ter and a sum equal to one-fourth of one per cent of said total contribu- 
tions shall be expended for the promotion of agriculture in the state 
under the direction of the commissioner of agriculture. 



1967] Chapter 54 47 

53:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 12, 1967.] 
[Effective date June 11, 1967.] 



CHAPTER 54. 

AN ACT TO AUTHORIZE THE HIRING OF A REGISTERED NURSE AT THE 
NEW HAMPSHIRE SOLDIERS' HOME. 

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

54:1 Soldiers' Home. The board of managers at the New Hampshire 
Soldiers' Home is authorized to hire a registered nurse, grade 10, at the 
home for the year ending June 30, 1967. 

54:2 Appropriation. In addition to any other fimds appropriated 
for the New Hampshire Soldiers' Home, the sum of eleven hundred dol- 
lars is hereby appropriated for the fiscal year ending June 30, 1967 to be 
spent for salary of the nurse authorized in section 1. The governor is au- 
thorized to draw his warrant for this sum out of any money in the treasury 
not otherwise appropriated. 

54:3 Effective Date. This act shall take effect upon its passage. 
[Approved April 13, 1967.] 
[Effective date April 13, 1967.] 



CHAPTER 55. 

AN ACT RELATIVE TO MARINE FISHERIES AND SHELLFISH. 

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

55:1 Advisory Committee. Amend RSA 211:61 (supp) as inserted by 
1957, 251:1 and amended by 1965, 303:1, by striking out the words "and 
provide penalties for violation thereof" in line five so that said section as 
amended shall read as follows: 211:61 Clams, Lobsters. The advisory 
committee on shore fisheries as appointed under RSA 211:60 may recom- 
mend to the fish and game commission such rules and regulations as may 
be necessary for the propagation, preservation and taking of clams, clam 
worms, lobsters, crabs, and oysters. All laws and regulations relative to 
the taking, sale, possession, and transportation of lobsters, crabs, clams, 
clam worms, and oysters shall remain in full force and effect until such 
time as they are changed under the authority contained in this section. 



48 Chapter 55 [1967 

55:2 Regulations. Amend RSA 211:63 as inserted by 1957, 251:1 
and amended by 1959, 194:3 by inserting after the word "hearing" in line 
three the words (in the area affected) so that said section as amended shall 
read as follows: 211:63 Hearings as to. Such regulations shall become 
effective on an effective date specified by the director not less than thirty 
days following a public hearing in the area affected before the fish and 
game commission. 

55:3 Shellfish Areas. Amend RSA 211 by inserting after section 63 
the following new section: 211:63-a Emergency Closing. Any regulations 
promulgated under the authority of sections 62 and 63 may be suspended 
and the taking of clams, clam worms and oysters may be prohibited in 
any area Avhen the division of public health of the department of health 
and welfare shall determine that accidental pollution exists in said area. 
Said emergency closing shall be ordered by the director without a hear- 
ing. The director after a hearing shall have authority to order a partial 
closing of clam, clam worm, and oyster areas for the purpose of manage- 
ment of said areas by rotation. When such management closing is ordered 
the order shall be effective immediately without a waiting period. 

55:4 Atlantic States Marine Fisheries Commission. Amend RSA 
213:3 by striking out the section and inserting in place thereof the fol- 
lowing: 213:3 Commission. In pursuance of Article III of said compact 
there shall be three members, hereinafter called commissioners, of the 
Atlantic States Marine Fisheries Commission, hereinafter called commis- 
sion, from the state of New Hampshire. The first commissioner from the 
state of New Hampshire shall be fish and game director, ex officio, and 
the term of any such ex-officio commissioner shall terminate at the time 
he ceases to hold said office of fish and game director and his successor 
as commissioner shall be his successor as such director. The second com- 
missioner from the state of New Hampshire shall be a member of the 
general court designated by the commission on interstate cooperation of 
the state of New Hampshire, and the term of the second commissioner 
ends when the general court is dissolved by the constitution or when he 
otherwise ceases to hold office. His successor as second commissioner shall 
be named in like manner. The governor, with the advice and consent of 
the council, shall appoint a citizen as a third commissioner who shall 
have a knowledge of and interest in the marine fisheries problem. The 
term of said commissioner shall be three years and he shall hold office un- 
til his successor shall be appointed and qualified. A vacancy occurring 
in the office of the third commissioner for any reason or cause shall be 
filled by appointment by the governor with the advice and consent of 
the council for the unexpired term. The director of fish and game may 
delegate, from time to time to any assistant in his office the power to be 
present and participate, including voting, as his representative at any 
meeting of or hearing by or other proceeding of the commission. The 
terms of each of the initial three members shall begin at the date of the 



1967] Chapter 56 49 

appointment of the appointive commissioner, provided the said compact 
shall then have gone into effect in accordance with Article II of the com- 
pact; otherwise they shall begin upon the date upon which said compact 
shall become effective in accordance with said Article II. Any commis- 
sioner may be removed from office by the governor upon charges and 
after a hearing. 

55:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 13, 1967.] 
[Effective date June 12, 1967.] 



CHAPTER 56. 

AN ACT PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A SPECIAL 
HEAD TAX FOR STATE PURPOSES. 

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

56:1 Special Head Tax. There is hereby levied and assessed in 1967 
and 1968 for the use of the state a special head tax of five dollars upon 
each and every resident of the state, as defined herein, over twenty-one 
and under seventy years of age. 

56:2 Resident Defined. The word "resident" as used herein means a 
person, whether a citizen or an alien, except paupers and insane persons, 
who has resided in this state for at least six months next preceding the 
date of each assessment of the head tax hereunder. 

56:3 Time of Payment. The head tax shall be assessed upon May 1, 
1967, and April 1, 1968, and payable upon demand on or after each of 
said dates. 

56:4 Collection. The selectmen of towns and assessors of cities shall 
on or before June 1, 1967 and June 1, 1968, make a list of all head taxes 
by them assessed against residents of their respective towns and cities 
and commit the list together with a warrant under their hands and seals 
to the collector of taxes for such town or city directing the collector to 
collect the head taxes on or before December first next following and to 
keep the head taxes in a special account, and monthly, or oftener to pay 
the head taxes over to the town or city treasurer as the taxes are collected. 
Upon receipt of the original head tax warrant in each year the collector 
shall forthwith certify to the state treasurer, upon a form prescribed and 
provided by the state treasurer, the total amount of the taxes received. 
Upon application by the assessors the tax commission for good cause may 
extend the time for delivery of the head tax warrant. 



50 Chapter 56 [1967 

56;5 Penalty. There shall be added to any special head tax not paid 
in full on or before December first folloAving the assessment of the head 
tax the sum of fifty cents which shall be collected with the tax as incident 
to the head tax. 

56:6 Remedies for Collection. The special head taxes may be col- 
lected by all of the means and methods provided in RSA 80 and the pro- 
visions of RSA 214:10 and RSA 260:4-6 as amended by 1955, 39:1, 2, 
50:17. 125:1 and 1957, 13:1, 2 shall apply to the special head tax assessed 
under this act. 

56:7 Husband Liable. A husband shall be liable for the payment of 
the special head tax assessed against his wife, if, when it was assessed, they 
^\'ere living together. 

56:8 Liability of Cities and Towns. Each town and city shall be 
liable to the state for all special head taxes lawfully assessed in such town 
or city. 

56:9 Payment to State. On or before the fifteenth day of the months 
of September, December, March, and June, each toAvn and city shall 
cause its tax collector to certify such information as the state treasurer 
shall require, and shall cause its treasurer to pay over to the state treas- 
lu-er all special head taxes and penalties collected during the preceding 
three months after first deducting ten per cent of the head taxes collected. 
Such deduction shall be for the use of the town or city to offset all ex- 
penses incurred in the assessment and collection of the special head taxes. 
HoAvever, in towns where the collector of taxes is paid on a part time or 
commission basis not less than thirty per cent of the sum so deducted shall 
be paid to the collector for his services in collecting the head taxes. If any 
town or city shall fail to make its payment when due, the deduction of 
the ten per cent to be retained by it shall be reduced by one quarter of 
one per cent for each week or part thereof the payment is overdue. 

56:10 Final Payment. Each town and city shall cause its treasurer 
on the fifteenth day of June in the year following the assessment to pay 
to the state treasurer an amount equal to all uncollected head taxes for 
which the city or town is then liable, less the ten per cent deduction. 
However, the total deduction retained from all payments to the state 
treasurer shall not exceed ten per cent of the total amount of the original 
warrant, less the amount of all lawful abatements certified to the state 
treasurer. If the payment is not made as provided in this section the state 
treasurer shall withhold the amount of any head taxes and penalties due 
to the state for which the town or city may be liable, from any amounts 
payable by the state to the city or town failing to make the payments of 
head taxes. The state treasurer shall not pay to any city or town any 
amounts that may be due to it from the state until all payments of head 
taxes then due have been paid to him. 



1967] Chapter 56 51 

56:11 Extents. The state treasurer shall also issue his extent for the 
amounts of all head taxes and penalties which have been collected and 
not remitted by any town or city as provided in this act. 

56:12 Abatements. Selectmen and assessors may abate any special 
head tax assessed against persons not subject to the tax provided in sec- 
tions 1 and 2 of this chapter, and upon written application, may abate the 
head tax when it appears that the payment of the tax would impose an 
undue hardship upon the applicant. The selectmen and assessors may 
abate the head tax after all methods of collection provided by law have 
proved ineffective. They shall make a written record of all abatements 
made by them and certify the names, addresses and precise reasons for 
all abatements made because of imdue hardship and inability to collect 
the same to the tax commission for review. If, upon review, the tax com- 
mission decides that the abatement should not have been made it shall 
disallow the abatement and upon notice thereof the town shall pay to 
the state the amount of all abatements so disallowed. 

56:13 Supplementary Bond of Collector. Whenever the tax commis- 
sion considers it necessary, a collector of taxes or town manager may be 
required to furnish a further and additional bond beyond that required 
by other provisions of law, with sureties, in such form and amount as the 
commission may approve. The premiums shall be paid by the state. 

56:14 Supplies, Bills and Postage. The tax commission shall provide 
each city and town, without charge, printed tax bills, envelopes, postage, 
or postal cards, and other supplies, to be used in assessing and collecting 
the special head taxes and in keeping the necessary records relating there- 
to. It may reimburse any city or town in which it seems more practicable 
and advisable for the city or town to obtain its own supplies, materials 
and postage, for the cost thereof, if the purchase of such supplies, ma- 
terials and postage by city or town has been previously approved by the 
tax commission. The expenses incurred or reimbursements authorized by 
the tax commission under this section and for supplemental bonds re- 
quired imder section 13 of this act shall be a charge against the funds col- 
lected by the state imder these provisions. 

56:15 Exemptions. All persons on active duty in the armed forces 
of the United States of America on the date of assessment shall be exempt 
from payment of the special head tax. Veterans totally and permanently 
disabled from service connection who are drawing federal compensation 
or pension and ^vhose income, exclusive of said compensation or pension, 
is less than one thousand dollars a year, upon written request filed on or 
before May 15, 1967 and April 15, 1968, shall be exempt from the special 
head tax. 

56:16 Disposition of Taxes. All funds received by the state treasurer 
under the provisions hereof, less costs of collection as provided in sections 
9 and 14, shall be deposited in the general funds of the state. 



52 Chapter 57 [1967 

56:17 Refund of Tax Paid. If it appears that a person has paid a 
head tax for -which he ^vas not liable and the tax has been paid to the 
state treasurer by the to^vn or city where it was collected, the state 
treasurer, after investigation by the tax commission, upon order of the tax 
commission, shall pay to the person who paid the tax the amount of the 
tax paid, provided application therefor is made to the tax commission on 
or before June thirtieth in the year next following the date of assessment. 

56:18 Application of Statutes. No person obtaining an abatement 
under section 12 of this act shall for that action be precluded from vot- 
ing inider section 1 of chapter 54 RSA. 

56:19 Effective Date. This act shall take effect May 1, 1967. 
[Approved April 13, 1967.] 
[Effective date May 1, 1967.] 



CHAPTER 57. 

AN ACT RELATIVE TO THE TAXATION OF HOUSE TRAILERS. 

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

57:1 Taxation. Amend RSA 72:7-a (supp) as inserted by 1961, 41:1 
and amended by 1963, 149:1 by striking out said section and inserting in 
place thereof the following: 72:7-a House Trailers. 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; except that a travel 
trailer as determined by the state tax commission, registered in this state 
for touring or pleasure and not remaining in any one town, city or unin- 
corporated place for 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. 

57:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 13, 1967.] 
[Effective date June 12, 1967.] 



1967] Chapter 58 53 

CHAPTER 58. 

AN ACT EXEMPTING A MOTION PICTURE PROJECTIONIST FROM LIABILITY 
UNDER THE OBSCENITY STATUTE. 

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

58:1 Exemption from Liability. Amend RSA 571 -A (supp) as in- 
serted by 1965, 146:1 by inserting after section 2 a new section as follows: 

571-A:2-a Exemption. A motion picture projectionist or motion pic- 
ture machine operator who is regularly employed by anybody to operate 
a projecting machine in a public motion picture theatre shall not be guilty 
of a violation under this chapter because of the picture which is being pro- 
jected if he is required to project it as part of his employment. 

58:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 13, 1967.] 
[Effective date June 12, 1967.] 



CHAPTER 59. 



AN ACT TO DISCONTINUE SESSIONS OF SUPERIOR COURT AT 
COLEBROOK AND DERRY. 

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

59:1 Colebrook. Amend RSA 496:1 (supp) as amended by 1965, 
41:1, by striking out the words "Adjournment from Lancaster or Berlin 
may be made to Colebrook whenever the presiding justice deems it advis- 
able" in lines thirteen, fourteen and fifteen, so the section as amended 
shall read as follows: 496:1 Time; Place. Terms of the superior court 
shall be holden annually, at the following places in the following coun- 
ties: 

For the county of Rockingham: At Exeter. 
For the county of Strafford: At Dover. 
For the county of Belknap: At Laconia. 
For the county of Carroll: At Ossipee. 
For the county of Merrimack: At Concord. 
For the county of Hillsborough: At Manchester and Nashua. 
For the county of Cheshire: At Keene. 
For the county of Sullivan: At Newport. 

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



54 Chapter 60 [1967 

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 
established by rule of the superior court, which shall provide for the 
holding of not less than two terms annually in each county. 

59:2 Repeal. RSA 496:6, relating to trial of superior court cases in 
Derry, is hereby repealed. 

59:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 13, 1967.] 
[Effective date J"ne 12, 1967.] 



CHAPTER 60. 

AN ACT INCREASING THE SALARY OF CHESHIRE COUNTY ATTORNEY. 

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

60:1 Cheshire County Attorney. Amend RSA 7:35 (supp) as amended 
by 1955, 247:2; 1957, 34:1; 211:1; 263:1; 1959, 6:1, 1961, 107:1; 208:1; 
1963, 95:1; 1963, 329:1, 1965, 192:1; 364:1, by striking out the section and 
inserting in its place the following: 7:35 Salaries. The annual salaries of 
the county attorneys in the several counties are as follows: 

In Hillsborough, county attorney, seventy-five hundred dollars. 

Assistant county attorney, thirty-five hundred dollars. 
In Rockingham, forty-five hundred dollars. 
In Merrimack, four thousand dollars. 
In Strafford, thirty-five hundred dollars. 
In Cheshire, forty-five hundred dollars. 
In Grafton, five thousand dollars. 
In Coos, three thousand dollars. 
In Sullivan, thirty-five hundred dollars. 
In Belknap, four thousand dollars. 
In Carroll, three thousand dollars. 

60:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved April 13, 1967.] 
[Effective date July 1, 1967.] 



1967] Chapter 61 55 

CHAPTER 61. 

AN ACT RELATIVE TO THE USE OF FUNDS OF CREDIT UNIONS. 

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

61:1 Uses Permitted. Amend RSA 394:17 (supp) as amended by 
1955, 213:1; 1959, 88:1; 1963, 306:5; and 1965, 165:1 by striking out the 
same and inserting in place thereof the following: 394:17 Use of Funds. 
While awaiting call of its members for loans, it may deposit its money in 
any cooperative bank, building and loan association, savings bank, trust 
company, federal savings and loan association, or national bank in this 
state that is insured by either the Federal Deposit Insurance Corporation 
or the Federal Savings and Loan Corporation, or by majority vote of the 
board of directors in any cooperative bank, building and loan association, 
savings bank, trust company, federal savings and loan association, or na- 
tional bank in the United States that is insured by either the Federal De- 
posit Insurance Corporation or the Federal Savings and Loan Corporation 
or, with like vote, may make loans to other credit unions chartered under 
the laws of this state or federal chartered credit unions located in this 
state, providing that the lending credit union has assets of one hundred 
thousand dollars or more. It may invest any surplus funds in obligations 
of the United States Government to include any loans included in the 
Participation Sales Act. of 1966, Public Law 88-429, 89th Congress, or of 
the state or of any county, city or town of the state, issued pursuant to 
authority of law. Any credit union with assets of three million dollars 
or more may purchase real estate mortgages secured by real estate 
wherever situate which are guaranteed by the federal housing administra- 
tion and may purchase real estate mortgages secured by real estate in this 
state and in any state which is guaranteed by the United States govern- 
ment through the insured loan program of the farmer's home administra- 
tion. It may be an originator or participating lender in participating 
loans as defined in RSA 387:1, provided that its participation in such 
loans shall be Avithin such limits as are prescribed in RSA 394:16. 

61:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 13, 1967.] 
[Effective date June 12, 1967.] 



56 Chapter 62 [1967 

CHAPTER 62. 

AN ACT INCREASING PER DIEM PAY FOR JURORS. 

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

62:1 Increase in Compensation. Amend RSA 500:26 (supp) as 
amended by 1959, 129:1 by striking out the word "ten" in line three and 
inserting in place thereof the word (fifteen) and by striking out the word 
"seven" in the fourth line and inserting in place thereof the word (ten) 
so that said section as amended shall read as follows: 

500:26 Compensation of Jurors. Grand and petit jurors shall be paid 
by the county for each day or part of a day which is spent in actual at- 
tendance at court, fifteen dollars each; for travel to and from court each 
day, each mile ten cents; talesmen shall receive compensation and allow- 
ances for travel and expenses in the same manner and amount as grand 
and petit jurors. 

62:2 Effective Date. This act shall take effect January 1, 1968. 
[Approved April 19, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 63. 



AN ACT RELATIVE TO PUBLICATION OF ABSTRACTS OF ANNUAL RETURNS OF 
BUSINESS CORPORATIONS AND RELATIVE TO DELINQUENT CORPORATIONS. 

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

63:1 Business Corporations. RSA 294:107 requiring the secretary 
of state to publish abstracts of annual returns of business corporations is 
hereby repealed. 

63:2 Notices. Amend RSA 294 by inserting after section 107 the 
following new section: 294:107-a Notification of Neglect. The secretary 
of state shall biennially notify every business corporation ^vhich shall 
have failed to file its annual return and to pay the filing fee for two con- 
secutive years of such delinquency and shall notify by mail such corpora- 
tion that its charter may be repealed by act of the general court if such 
delinquency continues. 

63:3 Repeal. RSA 294:109, relative to notices of delinquency is 
hereby repealed. 

63:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



1967] Chapter 64 57 

CHAPTER 64. 

AN ACT RELATIVE TO FOREIGN CORPORATIONS. 

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

64:1 Foreign Corporations. Amend RSA 300:6 by striking out said 
section and inserting in place thereof the following: 300:6 Suspension. 
If any such corporation fails for two consecutive years to make the annual 
returns required by sections 105 and 106 of chapter 294, its right to do 
business in this state shall be suspended. 

64:2 Duty of Secretary of State. Amend RSA 300 by inserting after 
section 10 the following new sections: 300:10-a Inactive List. The secre- 
tary of state is hereby directed to remove from the active list of foreign 
corporations authorized to do business in this state (1) the name of any 
such corporation whose right to do business herein has been suspended 
for failure to make annual returns, by provisions of section 6, and (2) the 
name of any such corporation 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 
10. The secretary of state shall keep on an inactive list the names of the 
foreign corporations so removed from the active list which are no longer 
authorized to do business in this state. 

300:10-b Reregistration. If any such foreign corporation 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. 

300:10-c Name. The fact that the name of a foreign corporation is 
on the inactive list shall not prohibit the use of such name by another 
foreign or domestic corporation in active business. 

64:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 65. 



AN ACT PROHIBITING THE SALE, LOAN OR GIFT OF AN AIR RIFLE TO MINORS 
UNDER THE AGE OF EIGHTEEN, WITH CERTAIN EXCEPTIONS. 

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

65:1 Toy Firearms. Amend RSA 571:20 by striking out in the fourth 
line the words "or shall have in his possession an air rifle, with like in- 
tent," so that said section as amended shall read as follows: 571:20 Toy 



58 Chapter 66 [1967 

Pistols, etc. If any person shall have in his possession a toy pistol or other 
toy firearms, for the explosion of blank cartridges, with intent to sell 
the same, or shall sell or offer to sell or to give away the same, he shall 
be fined not more than fifty dollars, and shall be liable for all damages 
resulting from a \iolation of the provisions of this section, to be recovered 
in an action on the case. 

65:2 Air Rifles. Amend RSA 571 by inserting after section 571:20 
a new section as follows: 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 eighteen he shall be subject to the penalties and liabilities pro- 
vided for in section 20. This section shall not apply to fathers, mothers, 
guardians, administrators, or executors who sell, barter, rent, lend, or give 
an air rifle to their children or wards or to heirs to an estate, and pro- 
vided that an instructor in gun safety or markmanship shall not be sub- 
ject to the prohibitions or penalties provided for by this section if he 
lends an air rifle to such a minor to be used by the minor for such instruc- 
tion by him. 

65:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 66. 



AN ACT RELATING TO SECRETARIAL ASSISTANCE TO STATE VETERANS 

COUNCIL. 

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

66:1 Repeal. RSA 115:2 relating to secretarial assistance to state 
veterans council from the department of public welfare is hereby repealed. 

66:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved April 20, 1967.] 
[Effective date July 1, 1967.] 



1967] Chapter 67 59 

CHAPTER 67. 

AN ACT RELATIVE TO THE AMOUNT OF FEES TO BE COLLECTED BY THE 
REGISTER OF DEEDS FOR ROCKINGHAM COUNTY. 

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

67:1 Rockingham County. Amend RSA 478:17-a (supp) as inserted 
by 1963, 201:2, by striking out the section and inserting in its place the 
following: 478:17-a Fees. The register of deeds for the county of Rock- 
ingham shall charge the following fees for documents recorded in, or 
services rendered by, his office: 

I. For recording deeds, mortgages, leases, agreements, attachments, 
and like documents, three dollars for the first recorded page plus two 
dollars for each additional recorded page, provided that if the instrument 
contains the names of more than one grantor and one grantee an addi- 
tional fee of fifty cents shall be charged for indexing the names of each 
additional grantor or grantee. An additional fee of fifty cents shall be 
charged for recording of deeds, mortgages and other conveyances of real 
estate to compensate for those items for which a transfer listing must be 
furnished to the towns and cities as required by section 14 of this chapter. 

II. For recording discharge of real estate attachment or marginal 
assignment, release or discharge of real estate mortgage, two dollars. 

III. For recording plans, five dollars for the first two hundred square 
inches thereof with one dollar for each additional one hundred square 
inches or part thereof. 

IV. For copying any document, subject to the approval of the board 
of commissioners for the county of Rockingham, the price to be estab- 
lished and posted by the register of deeds. 

V. The officer making an attachment of real estate shall, at the time 
of making it, pay to the register of deeds three dollars for the first recorded 
page, plus two dollars for each additional recorded page, which shall be 
in full for his services in receiving and filing the copy, certifying the time 
of receiving it, and entering the attachment upon the index; and the 
register shall be paid two dollars for recording the discharge of such 
attachment. 

VI. When an attachment upon real estate is dissolved, or the levy 
thereunder is defeated, the plaintiff or his attorney, upon request, shall 
give to the defendant or owner of the land a discharge thereof, and the 
defendant or owner of the land, within thirty days after such attachment 
is dissolved or levy thereunder defeated, shall cause the discharge to be 
recorded in the office of the register of deeds, and shall pay the register 
two dollars for making such record. 



60 Chapter 68 [1967 

VII. An officer making a levy against real estate not attached shall 
pay to the register of deeds three dollars for the first recorded page plus 
two dollars for each additional recorded page for his fees and shall be 
entitled to the same fees for travel and copy as in the case of an attach- 
ment of real estate, all of which shall be returned upon the execution. 

VIII. Notwithstanding the provisions of RSA 454:5, the register of 
deeds and all town clerks in the county of Rockingham shall be entitled 
to a fee of three dollars for the first recorded page, plus two dollars for 
each additional recorded page for the entry and recording of such notices 
of tax liens and two dollars for the entry and recording of the discharge 
thereof. 

67:2 Application of Statute. The provisions of RSA 478:17 relative 
to fees for register of deeds shall not apply to the register of deeds for 
Rockingham county. 

67:3 Effective Date. This act shall take effect January 1, 1968. 
[Approved April 20, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 68. 



AN ACT RELATIVE TO RENEWAL OF LICENSES FOR MOTOR VEHICLE 
OPERATORS WHO ARE MEMBERS OF THE ARMED FORCES. 

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

68:1 Motor Vehicle Operation. Amend RSA 261:15 as amended by 
1965, 298:1 by striking out said section and inserting in place thereof the 
following: 261:15 License Expiration; Members of the Armed Forces. 

Any person who is a member of the armed forces of the United States 
and who at the time of induction, call to active duty or enlistment into 
the armed forces for two or more years, was a resident of this state and 
was a holder of a valid New Hampshire license to operate motor vehicles 
in this state, is entitled to renewal of such license without cost by applica- 
tion to the division of motor vehicles. Said application must be accom- 
panied by a letter giving date of expiration of active duty, signed by a 
commissioned officer. Such a person while operating a motor vehicle, shall 
carry upon his or her person the license issued. The privilege of this sec- 
tion remains in effect for ninety days after the discharge or release of such 
a person from active duty. Nothing in this section permits a person against 
whom a revocation or suspension of license is in force, or a person who 
has been refused a license by the director of the division of motor vehicles, 
to operate a motor vehicle. 



1967] Chapter 69 61 

68:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 69. 



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

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

69:1 Appointment of Deputy Treasurer by County Commissioners. 

Amend RSA 29:15 (supp) as inserted by 1963, 93:1 by striking out in line 
two thereof the words "superior court acting as a body" and in place 
thereof the words (county commissioners upon recommendation of the 
treasurer) so that said section as amended shall read as follows: 29:15 
Deputy Treasurer. On or before June first, annually, the county com- 
missioners upon recommendation of the treasurer shall appoint a deputy 
treasurer for the county of Rockingham. Said deputy treasurer shall serve 
only during the absence of the county treasurer. The compensation of the 
deputy treasurer shall be five dollars for each day he is engaged in his 
official duties hereunder and said compensation shall be paid by the 
county of Rockingham. 

69:2 Effective Date. This act shall take effect May 15, 1967. 
[Approved April 20, 1967.] 
[Effective date May 15, 1967.] 



CHAPTER 70. 



AN ACT FOR THE ESTABLISHMENT OF THE POSITION OF POET LAUREATE 

OF THIS STATE. 

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

70:1 Poet Laureate. Amend RSA by inserting after chapter 3 (supp) 
as amended by 1955, 305:1, 1957, 87:1 and 107:1 and 1963, 208:1 the fol- 
lowing new chapter: 

Chapter 3-A 

Poet Laureate 

3-A:l Position Established. There is hereby established the position 
of poet laureate for the state. The governor, with the advice and consent 
of the council, shall appoint the poet laureate. Said person so honored 



62 Chapter 71 [1967 

shall be a resident of this state and he shall serve in such position during 
his lifetime. 

3-A:2 Recommendations. Prior to the appointment of a poet laure- 
ate the board of directors of the Poetry Society of New Hampshire shall 
submit to the governor and council the name or names of persons whom 
they deem to be worthy of the honorary position. Upon the death of a 
poet laureate the society shall again submit to the governor and council a 
name or names for a successor. 

3-A:3 No Compensation. The position thus established shall be an 
honorary one and the poet laureate shall not be entitled to compensation. 

70:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 71. 

AN ACT RELATING TO THE UNIFORM GIFTS TO MINORS LAW. 

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

71:1 Uniform Gifts to Minors. Amend subparagraph (a) of para- 
graph I of RSA 463-A:2 (supp) as inserted by 1957, 74:1 by striking out 
the same and inserting in place thereof the following subparagraph: 

(a) if the subject of the gift is a security in registered form, by reg- 
istering it in the name of the donor, another adult person, an adult mem- 
ber of the minor's family, a guardian of the minor or a trust company, 

followed, in substance, by the words: "as custodian for 

(name of minor) 
under the New Hampshire Uniform Gifts to Minors Law." 

71:2 Gifts. Amend subparagiaph (c) of paragraph I of RSA 463-A:2 
(supp) as inserted by 1957, 74:1 by striking out the same and inserting in 
place thereof the following subparagraph: 

(c) if the subject of the gift is money, by paying or delivering it to 
a broker or a bank for credit to an account in the name of the donor, an- 
other adult person, an adult member of the minor's family, a guardian 
of the minor or a bank with trust powers, followed, in substance, by the 

words: "as custodian for under the New Hampshire 

(name of minor) 
Uniform Gifts to Minors Law." 



1967] Chapter 72 63 

71:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 72. 

AN ACT RELATIVE TO FORM FOR SELECTMEN'S TAX INVOICE. 

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

72:1 Tax Appraisals. Amend RSA 75:4 by striking out said section 
and inserting in place thereof the following: 75:4 Invoices. The select- 
men shall set down in their invoice, in separate 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. 

72:2 Effective Date. This act shall take effect April 1, 1968. 
[Approved April 20, 1967.] 
[Effective date April 1, 1968.] 



CHAPTER 73. 



AN ACT RELATIVE TO REGULATIONS FOR SALE OF BAIT AND MANNER OF 

KEEPING SUCH BAIT. 

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

73:1 Bait Dealers. Amend 214:35 by striking out said section and in- 
serting in place thereof the following new section: 214:35 Rules and 
Regulations. The director shall have the power and authority to make 
and enforce rules and regulations relative to licenses for bait dealers deal- 
ing in live fish, \vhich authority shall include the power to determine the 
bag limits "^vhich a dealer may have in his possession at any one time, the 
bag limit which he may take in any one day, and the method of keeping 
such bait for sale. Nothing in this act shall effect the sale of garden worms 
or night crawlers. 

73:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



64 Chapter 74 [1967 

CHAPTER 74. 

AN ACT RELATIVE TO BALLOTS UNDER THE UNOFFICIAL BALLOT SYSTEM. 

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

74:1 Election by Unofl&cial Ballot. Amend RSA 61 by inserting after 
section 1 the following new section: 61:l-a Ballots. The ballots used at 
an election under this chapter shall be plain white paper of a uniform 
weio-ht. If names are to be written on the ballot the election officials shall 
provide blank pieces of white paper of a uniform size to be used by the 
voter to write thereon the candidate of his choice. 

74:2 Effective Date. This act shall take effect August 1, 1967. 
[Approved April 20, 1967.] 
[Effective date August 1, 1967.] 



CHAPTER 75. 



AN ACT RELATIVE TO THE PROVISIONS FOR DISQUALIFYING PREGNANT 
WOMEN FOR UNEMPLOYMENT COMPENSATION. 

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

75:1 Unemployment Compensation. Amend subsection A of RSA 
282:4 as amended by 1955, 4:1, 141:9; 1957, 118, 4, 5; 1959, 28:2, 3; 1963, 
194:5 and 1965, 208:3 by inserting after (1) the following subparagraph: 

(a) In the case of a woman who is disqualified under paragraph (1) 
above for leaving her work due to pregnancy, the three-week work-and- 
earning requirement in the first paragraph of this subsection shall be 
one week. 

75:2 Disqualifications for Benefits. Amend RSA 282:4, J, as amended 
by 1955, 141:9 by striking out said subsection and inserting in place there- 
of the following: 

J. For the eight weeks immediately preceding the week of expected 
date of childbirth as certified by a legally licensed physician, and there- 
after until she earns in one week wages in employment as defined under 
section 1-H equal to or in excess of three dollars more than her maximum 
weekly benefit amount. 

75:3 Repeal. RSA 282:6, C(2)(d) as amended by 1955, 141:12, rela- 
tive to charging benefits paid following childbirth to the fund, is hereby 
repealed. 



1967] Chapter 76 65 

75:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 76. 



AN ACT RELATIVE TO FEES PAID BY COLLECTOR OF TAXES TO REGISTER OF 
DEEDS FOR SERVICES IN CONNECTION WITH TAX SALES. 

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

76:1 Taxes Sales; Fees. Amend RSA 80:46 by striking out said sec- 
tion and inserting in place thereof the following: 80:46 Register of 
Deeds. The register of deeds shall be paid by the collector of taxes the 
following fees: For recording and indexing each parcel advertised to be 
sold, fifty cents; for recording and indexing a report of payment before 
sale or redemption after sale or discharge of lien fifty cents; for recording 
and indexing a report of tax sale, each parcel sold, fifty cents; for 
recording and indexing the payment of a subsequent tax, fifty cents. The 
collector of taxes shall be reimbursed for the fees advanced to the register 
by the person paying the tax before sale, or redeeming the real estate 
after the real estate has been sold, or requesting the discharge of the tax 
lien. The register of deeds may make such charge as he deems reasonable 
and proper for searching the records and reporting mortgage encum- 
brances at the request of a purchaser at a tax sale, however this shall not 
be considered a mandatory duty of the register of deeds. 

76:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 20, 1967.] 
[Effective date June 19, 1967.] 



CHAPTER 77. 



AN ACT TO EXTEND UNDER CERTAIN CONDITIONS THE PERIOD FOR PAYMENT 
FROM GENERAL APPROPRIATIONS. 

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

77:1 Budget; Appropriations. Amend RSA 9:18 by striking out said 
section and inserting in place thereof the following: 9:18 Lapsed Appro- 
priations. Except as otherwise specially provided, all unexpended por- 
tions of special appropriations shall lapse when the object for which the 
appropriation was made has been accomplished and, in any event, at the 



66 Chapter 78 [1967 

expiration of three years from the date when the act creating the appro- 
priation first took effect, unless there are obligations incurred by contract 
thereunder, made within said period, in which case there shall be no 
lapse until the satisfaction or fulfillment of such contractual obligations. 
Except as otherwise specially provided, all unexpended portions of gen- 
eral appropriations which have not been expended during the fiscal year 
for which they Avere appropriated shall lapse at the end of fifteen days 
after the expiration of the year. If a general appropriation involves fed- 
eral funds, upon request from the department or agency of the state to 
-which the appropriation has been made, the governor and council may, 
if they find that such federal funds will be lost for expenditure by the 
state if said appropriation lapses, extend the time for the lapsing of so 
much of said appropriation as would thereby be lost. Upon request from 
a department or agency of the state to which a general appropriation has 
been made the governor and council may, if they find that the supply of 
any equipment which is to be paid for by any part of such appropriation 
has been preempted by the federal government, extend the time for the 
lapsing of so much of the said appropriation as is needed to purchase the 
required amount of said article. No later than two weeks after the con- 
vening of any regular session of the legislature, the state comptroller shall 
submit a list of all extensions of the time of lapsing of any general appro- 
priation approved by the governor and council under this section together 
with the reasons therefor to the chairman of the appropriations com- 
mittee of the house of representatives and to the chairman of the senate 
finance committee. 

77:2 Effective Date. This act shall take effect upon passage. 
[Approved April 20, 1967.] 
[Effective date April 20, 1967.] 



CHAPTER 78. 

AN ACT RELATIVE TO LEGAL DIVISION FENCES. 

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

78:1 Term Defined. Amend RSA 473:5 by striking out the same and 
inserting in place thereof the following: 473:5 Legal Fences. All fences 
of such height as to be reasonably adequate for their purpose and in good 
repair, consisting of rails, timber, boards or stone wall, barbed, electrified 
or woven wire, and all brooks, rivers, ponds, creeks, ditches, hedges and 
other things deemed by the fence-viewers to be equivalent thereto, shall 
be accounted legal and sufficient fences. 



1967] Chapter 79 67 

78:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 79. 

AN ACT RELATIVE TO SEALS ON LIQUOR PACKAGES. 

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

79:1 Seals not Required. Amend RSA 177:4 by striking out in lines 
two and three the words "sealed with the seal of the commission" so that 
the section as amended shall read as follows: 177:4 Packages. All liquor 
sold in state stores shall be sold for consumption off the premises. Such 
liquor shall be in packages containing such quantity as said commission 
shall prescribe; and the commission is authorized to prescribe the form 
of bottle and package, and to bottle such liquor as it may deem necessary 
and proper. The price of all liquor sold shall be sufficient to pay for the 
cost of the liquor purchased, plus the operating expenses of the state 
stores, plus a proportionate part of the overhead expenses of the com- 
mission, plus an additional charge; all to be determined by the commis- 
sion. Purchases of liquor shall be made on requisition in such form as 
the commission may prescribe. Said commission is hereby authorized to 
limit the amount of liquor which may be purchased by any person at any 
one time and liquor sold in a state store shall not be consumed in any 
public place. 

79:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 80. 



AN ACT RELATIVE TO FEES TO BE PAID TO TAX COLLECTOR IN SALE OF 
PERSONAL PROPERTY. 

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

80:1 Tax Collector Fees. Amend RSA 80:44 by striking out said 
section and inserting in place thereof the following: 80:44 Sale of Per- 
sonal Property. Each tax collector shall receive the following fees to be 
charged as costs for the services listed below. 



68 Chapter 81 [1967 

I. For each distraint and notice of sale, two dollars. 

II. For conducting sale of distrained property, two dollars. 

III. For travel from collector's home or office to place of distraint 
and return, ten cents per mile. 

IV. For travel from collector's home or office to place of sale and re- 
turn, ten cents per mile. 

V. For the account of property distrained to be delivered to the 
owner, one dollar. 

VI. Commission on value of property sold, five per cent. 

VII. The collector shall be allowed his actual and necessary expenses 
in connection with the keeping, storage and care of the property dis- 
trained. 

80:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 81. 

AN ACT RELATIVE TO MOUNTAIN LIONS. 

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

81:1 Mountain Lion. Amend RSA 208 by inserting after section I-a 
(supp) as inserted by 1965, 83:1 and amended by 1967, 14:1 the following 
new sections: 

208: 1-b Mountain Lion. No person shall, at any time, shoot, hunt, 
take, or have in his possession, any mountain lion or any part of the car- 
cass thereof, taken in this state. However, this section shall not apply 
to a person acting in protection of his person or property. 

208: 1-c Exception. The director of the department of fish and game 
may, should mountain lions become a nuisance in any part of the state, 
take and authorize such measures as he deems necessary for control of 
this animal. 

81:2 Claims for Damages. Amend RSA 207:23-a, as inserted by 1955, 
324:4, by inserting after the word "bear" where it occurs in lines two and 
six the words (or mountain lion) so that said section as amended shall 
read as follo^vs: 207:23-a Damage by Bears or Mountain Lions. A per- 
son w^ho suffers loss or damage to livestock, bees, orchards or growing 
crops, by bear or mountain lions, shall, if he claim damages therefor, 



1967] Chapter 82 69 

notify the director of fish and game in writing of such damage. The di- 
rector or his agent shall investigate such claim within thirty days from 
the receipt by him of notice of such damage, determine whether such 
damage ^vas caused by bear or mountain lions, and appraise the amount 
to be paid. The appraisal shall be made within sixty days from the receipt 
of the notice of damage; and the director shall present his certificate of 
the amount of appraisal to the governor, who is authorized to draw his 
warrant upon any money in the treasury not otherwise appropriated in 
payment therefor, 

81:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 82. 

AN ACT DEFINING PROPRIETARY MEDICINES AND RELATIVE TO THE SALE 

THEREOF. 

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

82:1 Definition. Amend paragraph XI of RSA 318:1 by striking 
out the paragraph and inserting in place thereof the following: XI. Pro- 
prietary medicines, when not otherwise limited, means completely com- 
pounded non-prescription packaged drugs, medicines and non-bulk chemi- 
cals which are sold, offered, promoted or advertised by the manufacturer 
or primary distributor thereof under a trademark, trade name or other 
trade symbol, whether or not registered in the United States Patent Office, 
and the labeling of which conforms to the requirements of the Federal 
Food, Drug, and Cosmetic Act; provided that this definition shall not 
include (a) drugs which are only advertised and promoted professionally 
to licensed physicians, dentists or veterinarians, (b) a narcotic or drug 
containing a narcotic, (c) a drug the label of which bears substantially 
either the statement "Caution — Federal law prohibits dispensing with- 
out prescription" or "Warning — may be habit-forming" or (d) a drug 
intended for injection. 

82:2 Sale of Proprietary Medicines. Amend paragraph II of RSA 
318:42 by striking out the paragraph and inserting in place thereof the 
following: II. This shall not prevent the sale of proprietary medicines 
as defined in paragraph XI of section 1 of this chapter. 

83:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



70 Chapter 83 [1967 

CHAPTER 83. 

AN ACT RELATIVE TO THE FIRE SERVICE TRAINING PROGRAM. 

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

83:1 Training in Administration. Amend RSA 154-A:1 as inserted 
by 1961, 274:1 and amended by 1963, 124:1 by inserting at the end of 
said section (and the administration of such fire departments.) so that 
said section as amended shall read as follows: 154-A:1 Program Author- 
ized. The state board of education in conjunction with the state board 
of fire control is hereby authorized and directed to administer and super- 
vise a fire service training program throughout the state to provide local 
fire fighters and members of municipal and volunteer fire departments 
with instruction in dealing with the causes, prevention and techniques 
of fighting fires in this modern age and the administration of such fire 
departments. 

83:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 84. 



AN ACT TO ESTABLISH CHECKING STATIONS FOR REGISTRATION OF DEER 

KILLED. 

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

84:1 Deer Killed. Amend RSA 208 by inserting after section 15 the 
following new sections: 

208:15-a Deer Registration Stations. The director shall cause to be 
established such number of deer registration stations as he may deem 
necessary for the purpose of registering deer killed in the state. Each such 
station shall be in charge of an agent designated by the director. Once 
each year a list of such agents and the location of registration stations 
shall be published in one or more newspapers in the state. 

208:15-b Registration and Fees. The registration agent shall register 
each deer legally presented for registration and shall attach a metal seal 
to each deer in the manner prescribed by the director. The agent shall 
receive from the person registering the deer the sum of twenty-five cents 
for each such seal which fee shall be retained by the agent. 



1967] Chapter 84 71 

208:15-c Records. The agent shall keep such records as may be pre- 
scribed by the dh^ector which records shall be subject to inspection at 
anytime by the director or his agent. 

208:15-d Presentation for Registration. Any person killing a deer 
shall present the same for registration at the first open deer registration 
station on the route taken by the person who killed said deer. No person 
shall present for registration, or allow to be registered in his name, a deer 
which he himself did not kill. 

208:15-e Prohibition. No person shall keep a deer in his home, or 
any place of storage, except at a deer registration station, for a period of 
more than tw^elve hours unless said deer has been legally registered. 

208:15-£ Leaving Deer in Woods. If a person, after killing a deer, 
shall leave the location where the deer was killed without taking said 
deer he shall notify a conservation officer within twelve hours as to the 
location of the deer and describe the circumstances necessitating his leav- 
ing the deer in the woods. 

208:15-g Registration Required. No person shall have in his pos- 
session 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 possessions of a deer between the time it was killed and the 
presentation of the deer at the registration station. 

84:2 Requirements. Amend RSA 208:9 as amended by 1957, 250:1, 
by striking out said section and inserting in place thereof the following: 

208:9 Possession of Deer. Wild Deer, or any part of the carcass there- 
of, lawfully taken may be possessed until February first next following the 
date when taken, and not otherwise except as provided herein for frozen 
meat and as otherwise permitted by the director. Any part of the carcass 
of wild deer solidly frozen may be possessed during the closed season on 
deer in a freezer locker. Possession of wild deer or any part of the carcass 
thereof without the deer tag and registration seal being attached or as 
otherwise permitted in this section or by special permission of the di- 
rector or his agent shall be prima facie evidence that the same was un- 
lawfully taken. A person may bring into and possess in this state a deer 
lawfully taken in another state, provided such person shall obtain from 
the director within ten days after bringing such deer into the state a per- 
mit to possess such deer. 

84:3 Transportation of Deer. Amend RSA 208:12 by striking out 
said section and inserting in place thereof the following: 208:12 By Resi- 
dents. A resident of the state may transport within the state, during the 
open season therefor and for ten days thereafter, a deer legally taken by 
him, when accompanied by him and open to view, and to which the deer 
tag has been attached as provided in section 16 hereof and to which the 



72 Chapter 85 [1967 

registration seal has been attached. If said deer or carcass thereof be placed 
in the custody of a licensed common carrier it shall, in addition to said 
deer tag and registration seal, have attached thereto a tag, plainly marked, 
Avith the name of the consignor, the name of the consignee, the point of 
shipment, and the designation, [destination] 

84:4 Special Provisions. Amend RSA 208:13 by striking out said 
section and inserting in place thereof the follo"\ving: 208:13 By Nonresi- 
dents. The holder of a nonresident hunting license may transport within 
the state or from a point within the state to a point outside the state, a 
deer legally taken by him, when accompanied by him and open to view 
and to which the deer tag has been attached as provided in section 16 here- 
of and also to "which the registration seal has been attached. If such deer or 
carcass thereof be placed in the custody of a licensed common carrier, it 
shall in addition to said deer tag and registration seal have attached there- 
to another tag plainly marked with the name of the consignor, the name 
of the consignee, the point of shipment, and the destination. The agent of 
the common carrier shall see that deer tag attached to the deer or carcass 
thereof bears the same number as the license held by the licensee. 

84:5 Deer Tags. Amend RSA 208:16 by striking out said section and 
inserting in place thereof the following: 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. 

84:6 Repeal. RSA 208:16-a, as inserted by 1959, 27:1 and 208:17, 
relative to deer coupons, are hereby repealed. 

84:7 Effective Date. This act shall take effect September 1, 1967. 
[Approved April 27, 1967.] 
[Effective date September 1, 1967.] 



CHAPTER 85. 



AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN ASSO- 
CIATIONS TO BORROW UP TO FIFTEEN PERCENT OF ITS SHARE CAPITAL 
WITHOUT PRIOR APPROVAL OF THE BANK COMMISSIONER. 

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

85:1 Limit on Borrowing. Amend RSA 393:22 (supp) as amended by 
1961, 136:5 and 1963, 313:3, by striking out in lines two and five the word 



1967] Chapter 86 73 

"ten" and inserting in its place the word (fifteen) so that the said section 
as amended shall read as follows: 393:22 Borrowing. It may, without 
consent of the commissioner, borrow not in excess of fifteen per cent of 
its share capital and may pledge as collateral for such borrowings real 
estate mortgages, notes and other securities. It may with the consent of 
the commissioner, borrow in excess of fifteen per cent of its share capital, 
and with his approval may pledge as collateral, real estate mortgages, 
notes, and other securities. 

85:2 EflEective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 86. 



AN ACT TO AUTHORIZE THE DIVISION OF PROFITS OF COOPERATIVE BANKS 

AND BUILDING AND LOAN ASSOCIATIONS INTO DIFFERENT 

CLASSIFICATIONS INCLUDING CLUB ACCOUNTS. 

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

86:1 Building and Loan Associations. Amend RSA 393:29 (supp) as 
amended by 1965, 317:5 by striking out the section and inserting in its 
place the follo^ving: 393:29 Division of Profits. After providing for the 
requirements of the guaranty fund, cooperative banks, building and loan 
associations, and savings and loan associations may pay dividends from 
their net income. A cooperative bank or association may classify its sav- 
ings accounts according to the character, amount, or duration thereof, or 
regularity of additions thereto, and each savings account in the same 
classification shall receive the same ratable portion of earnings except 
that club accounts may or may not receive dividends. The board of di- 
rectors of a cooperative bank or association may also determine the mini- 
mum balance necessary to entitle an account to receive dividends. 

86:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



74 Chapter 87 [1967 

CHAPTER 87. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN AS- 
SOCIATIONS TO PURCHASE REAL ESTATE IN WHICH TO TRANSACT ITS 
BUSINESS AT A COST AS APPROVED BY THE BANK COMMISSIONER. 

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

87:1 Real Estate Developments. Amend paragraph II of RSA 393:24 
(supp) as amended by 1955, 131:1; 1963, 313:4, and 1965, 317:3 by strik- 
ing out the paragraph and inserting in its place the following: 

II. In the purchase of improved or unimproved real estate and in 
the construction or improvement of buildings thereon for the purpose of 
providing offices for the transaction of an association's business. Such 
buildings may also include space for rental purposes. The cost to the 
association of such lands and buildings shall not exceed the sum of such 
association's guaranty fund, surplus, other reserves at the time such in- 
vestment is made, except as it is authorized to do so by the commissioner. 

87:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved April 27, 1967.] 
[Effective date June 26, 1967.] 



CHAPTER 88. 

AN ACT RELATING TO STATE BONDS. 

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

88:1 New Chapter. Amend RSA by inserting after chapter 6 the 
folloAving new chapter: 

Chapter 6-A 

State Bonds 

6-A:l State Bonds. This chapter shall apply to all bonds of the state 
authorized by the legislature at its January, 1967, session and enacted 
after the passage hereof or at any subsequent session, unless otherwise 
provided in the authorizing acts. 

6-A:2 Denominations. Form and Maturities. The bonds shall be 
issued by the state treasurer when authorized by the governor and coun- 
cil. They may be issued at one time or in a series from time to time. The 
maturity dates of each series shall be determined by the governor and 
council, but in no case shall they be later than twenty years from the date 



1967] Chapter 88 75 

of issue. The bonds shall be in such form and denominations as the gov- 
ernor and council shall determine and, subject to RSA 6:14 and 6:15, 
may be nonregistrable or registrable as to principal only or registrable 
as to both principal and interest. Subject to the provisions of RSA 93-A, 
they shall be signed by the treasurer and countersigned by the governor. 
They shall be deemed a pledge of the faith and credit of the state. 

6-A:3 Accounts. The secretary of state shall keep an account of all the 
bonds showing the number and amount of each, the interest rate thereon 
and the date of maturity. The state treasurer shall keep an account of 
each bond showing the number and amount thereof, the interest rate 
thereon, the name of the person to whom sold, the amount received from 
the same, the date of the sale and the date of maturity. 

6-A:4 Short Term Notes. Pending the issue of bonds, the state treas- 
urer, when authorized by the governor and council, may borrow money 
on short term notes in anticipation of the bonds. At no time shall the 
amount due on such short term notes exceed the amount of the appropria- 
tion for the same purposes. Each such note shall mature within five years 
from its date, provided that notes issued for a shorter period may be re- 
funded from time to time by the issue of other such notes maturing within 
five years from the date of the original loan being refunded. The notes 
may also be refunded by the issue of bonds hereunder or may be paid 
from any cash in the treasury. The notes shall be deemed a pledge of the 
faith and credit of the state. 

6-A:5 Advances from the Treasury. Pending the issue of bonds or 
notes hereunder or in lieu of the issue of notes hereunder, the state treas- 
urer may use any cash in the treasury for the purposes for which the bonds 
were authorized. Such advances shall be repaid without interest from the 
proceeds of bonds or notes issued hereunder. 

6-A:6 Sale of Bonds or Notes. Bonds issued hereunder shall be sold 
by the state treasurer with the approval of the governor and council in 
such manner as the governor and council deem to be most advantageous 
to the state. Notes issued hereunder shall be sold by the state treasurer 
with the approval of the governor, in a manner established from time to 
time by the governor and council. 

6-A:7 Proceeds. The proceeds from the sale of bonds and notes here- 
under, except premiums and accrued interest, and from any advances 
under section 5 shall be held by the state treasurer and paid out by him 
upon warrants drawn by the governor for the purposes for which the 
bonds were authorized. The governor, with the advice and consent of 
the council, shall draw his warrant for the payments from such funds of 
all sums expended or due for such purposes. 

6-A:8 Consolidation. The bonds authorized by one or more acts of 
the legislature may be combined by the state treasurer, and with the ap- 



76 Chapter 89 [1967 

proval of the governor and council, upon their issue into one or more 
consolidated issues. The particular bonds of such consolidated issue issued 
under each authority may but need not be designated by number or other- 
wise. 

6-A:9 Expiration of Office. Any bonds or notes issued pursuant to 
this chapter, if properly executed by the officers of the state in office on 
the date of the signing or on the date of imprinting of the facsimile sig- 
nature, as the case may be, shall be valid and binding according to their 
terms notwithstanding that before delivery thereof and payment therefor 
any or all such officers shall have for any reason ceased to hold office. 

88:2 Effective Date. This act shall take effect upon its passage. 
[Approved April 27, 1967.] 
[Effective date April 27, 1967.] 



CHAPTER 89. 

AN ACT RELATIVE TO SERVICES AVAILABLE AT THE NEW HAMPSHIRE HOS- 
PITAL TO EMPLOYEES THEREOF SUFFERING FROM CONTAGIOUS DISEASES. 

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

89:1 State Officials. Amend RSA 94 by inserting after section 5 
(supp) as amended by 1955, 153:3 1957, 223:3 1963, 39:2; 303:1 and 1965, 
365:2 the following new section: 94:5-a New Hampshire Hospital. Not- 
withstanding the provisions of section 5 any unclassified employee at the 
Ne^v Hampshire Hospital, who is suffering from, or suspected of having, 
a contagious disease which would create a health menace at said hospital, 
may be examined and may, with the approval of the superintendent, re- 
main at the hospital and utilize certain hospitalization and medical serv- 
ices there, provided that said employee shall reimburse the hospital for 
such services rendered hereunder. 

89:2 Classified Employees. Amend RSA 99 by inserting after section 
2-a (supp) as inserted by 1965, 239:10, the following new section: 99:2-b 
New Hampshire Hospital. Notwithstanding the provisions of section 2-a 
any classified employee of the New Hampshire Hospital who is suffering 
from, or suspected of having a contagious disease, which would create a 
health menace at said hospital may be examined and may, with the ap- 
proval of the superintendent, remain at the hospital and utilize certain 
hospitalization and medical services there, provided said employee shall 
reimburse the hospital for such services rendered hereunder. 

89:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1967.] 
[Effective date July 7, 1967.] 



1967] Chapter 90 77 

CHAPTER 90. 

AN ACT RELATIVE TO COMPUTATION OF TIME FOR POSTING A TOWN OR 
SCHOOL DISTRICT WARRANT. 

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

90:1 Town Meeting. Amend RSA 39:5 by inserting after the word 
"meeting" in line five the words (not counting the day of posting nor the 
day of the meeting) so that said section as amended shall read as follows: 
39:5 Posting Warrant. The selectmen may address their warrant to the 
inhabitants of the town qualified to vote in town affairs, in which case 
they shall post an attested copy of such warrant at the place of meeting, 
and a like copy at one other public place in the town, fourteen days before 
the day of meeting, not counting the day of posting nor the day of the 
meeting. 

90:2 School District Meeting. Amend RSA 197:7 by inserting after 
the word "meeting" in line four the words (not counting the day of post- 
ing nor the day of the meeting) so that said section as amended shall read 
as follo"\vs: 197:7 Posting Warrant. The school board or justice issuing 
a warrant shall cause an attested copy of it to be posted at the place of 
meeting, and a like copy at one other public place in the district, fourteen 
days before the day of meeting, not counting the day of posting nor the 
day of the meeting. 

90:3 EfiPective Date. This act shall take effect January I, 1968. 
[Approved May 8, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 91. 



AN ACT RELATIVE TO THE POWERS OF THE COMMISSIONER OF INSURANCE TO 

EXAMINE RELEVANT DOCUMENTS TO DETERMINE WHETHER 

LAWFUL RATES ARE BEING CHARGED. 

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

91:1 Permissive Auditing. Amend RSA 414 by inserting after sec- 
tion 4 the following new section: 414:4-a Authority to Examine. As 

often as the commissioner deems necessary, he or his delegate may examine 
all policies, daily reports, binders, renewal certificates, endorsements, and 
other evidences of insurance or of the cancellation thereof, for the purpose 
of ascertaining that lawful rates are being charged. In connection there- 
with he may require the company or any officer or agent to produce all 
books and papers relating to the formulation or change of such rates in 



78 Chapter 92 [1967 

the possession of the company or agent and shall have power to examine 
under oath any such officer or agent of said company on matters pertinent 
to the formulation or changing of such rates. The expense of an examina- 
tion imdertaken pursuant to authority hereby conferred shall be borne 
by the company examined. 

91:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1967.] 
[Effective date July 7, 1967.] 



CHAPTER 92. 



AN ACT EXTENDING THE POWERS OF CERTAIN PRIVATE CORPORATIONS 
ORGANIZED UNDER SPECIAL LEGISLATIVE ACT. 

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

92:1 Private Corporations. Amend RSA 292 by inserting after sec- 
tion 8-k, as inserted by 1965, 44: 1, the following new subdivision: 

Special Corporations 

292:8-1 Powers Extended. Any non-profit corporation heretofore or- 
ganized by special act of the legislature for purposes as set forth by section 
1 of this chapter may change its name, may eliminate any limitation on 
the assets it is authorized to hold, may provide for distribution of its as- 
sets upon dissolution of the said corporation, by a majority vote of such 
corporation, unless otherwise provided by any such special act or the by- 
laws of any such corporation, at a meeting duly called for that purpose, 
and by recording a certified copy of such vote in the office of the secretary 
of state. The fee for recording said certified copy in the office of the sec- 
retary of state shall be ten dollars. 

92:2 Limitations. Amend RSA 292:8-g as inserted by 1965, 44:1 by 
striking out said section and inserting in place thereof the following: 
292:8-g Limitation on Name. Notwithstanding the provisions of RSA 
292:3 no person, school, association or corporation shall use in any way 
the term "junior college", or "college" or "university" in connection with 
an institution, or use any other name, title or descriptive matter tending 
to designate that it is an institution of higher learning unless it has been 
incorporated under the provisions of this chapter. The provisions of this 
section shall not apply to a person, school, association or corporation 
which has been authorized to use said terms by law prior to January 1, 
1965. Any person, school, association or corporation authorized by a 
special act of the legislature shall not change its name to include any of 
said terms under the provisions of section 8-1 unless its amendment there- 



1967] Chapter 93 79 

for shall be submitted to and approved by the board prior to being filed 
in the office of the secretary of state. 

92:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved May 8, 1967.] 
[Effective date July 7, 1967.] 



CHAPTER 93. 

AN ACT TO AUTHORIZE NURSING CARE AT THE SOLDIERS' HOME. 

Be it Enacted by the Senate and House of Representatives in Ge7ieral 
Court convened: 

93:1 Nursing Home Care in Soldiers' Home. Amend RSA 119:1 by 
adding to the end of the section a new sentence as follows: (The care of 
veterans under this section includes nursing care for any veteran other- 
wise eligible for admittance) so the section as amended shall read as fol- 
lows: 119:1 Establishmient. There is established in this state a home 
known as the New Hampshire Soldiers' Home for the support and care 
of men 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 other- 
wise eligible for admittance. 

93:2 Effective Date. This act shall become effective sixty days after 
its passage. 

[Approved May 9, 1967.] 
[Effective date July 8, 1967.] 



CHAPTER 94. 

AN ACT PROVIDING FOR AN ANNUAL PERMIT FOR REGISTRATION OF NURSES. 

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

94:1 Registration of Nurses. Amend RSA 326-A:6, as inserted by 
1959, 265:1 by striking out said section and inserting in place thereof the 
folloAving: 326-A:6 Annual Permit. Any person, who has at any time 
received a certificate of registration in this or any other state and intends 
to engage in the practice of nursing in this state shall annually before his 
birthday file a renewal application on the form provided by the board 



80 Chapter 95 [1967 

and a fee of three dollars, whereupon, if he has complied with all the 
requirements of this chapter and the rules and regulations of the board, 
he shall be granted a permit which shall entitle him to engage in the 
practice of nursing for a period of one year from his birthday. If any per- 
son fails to renew his annual permit by his birthday, such permit shall 
lapse. Such person may be reinstated and his permit revalidated by the 
board after satisfactory explanation and upon payment of the required 
fee. Any person practicing professional nursing whose permit has lapsed 
or is not in full force and effect at such time shall be subjected to the 
penalties provided in this act as an illegal practitioner. Any person who 
is not engaged in professional nursing in this state shall not be required 
to pay the renewal fee for so long as he does not so practice, but shall 
notify the board of his inactive status in nursing. Prior to resumption of 
his practice of professional nursing, such person shall be required to noti- 
fy the board and remit a renewal fee for the current period. 

94:2 Powers of Board. Upon the enactment of this act the board of 
nursing education and nurse registration is authorized to establish the 
necessary procedures and fees, not to exceed those established by RSA 
326-A:6, to effect an orderly transition from a biennial registration to 
annual registration. 

94:3 Effective Date. This act shall take effect July 1, 1967. 
[Approved May 9, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 95. 



AN ACT ESTABLISHING THE POSITION OF RESEARCH ASSISTANT TO THE 
INSURANCE COMMISSIONER. 

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

Court convened: 

95:1 Insurance Commissioner. Amend RSA 400 by inserting after 
section 5 the following new sections: 

400:5-a Research Assistant to the Commissioner. The commissioner, 
subject to the approval of the governor and council, shall appoint a re- 
search assistant to the commissioner who shall hold office for a term of 
five years from the date of his appointment and until his successor is ap- 
pointed and qualified. Any vacancy in such office shall be filled for the 
unexpired term. 

400:5-b Duties. The commissioner may assign and delegate such of 
his duties to the research assistant to the commissioner as he may deem 
advisable and in the public interest. 



1967] Chapter 95 81 

95:2 Interest in Insurance Company. Amend RSA 400:6 by striking 
out said section and inserting in place thereof the following: 

400:6 Eligibility. No person is eligible to the office of commissioner, 
deputy commissioner, or research assistant to the commissioner who is an 
agent, officer, or stockholder of an insurance company. 

95:3 Requirements. Amend RSA 400:7 by striking out said section 
and inserting in place thereof the following: 

400:7 Bonds. The commissioner, the deputy commissioner, and the 
research assistant to the commissioner shall give bonds to the state con- 
ditioned upon the faithful discharge of the duties of their offices. Said 
bonds shall be filed in the office of the secretary of state. 

95:4 Research Assistant. Amend RSA 400:8 by striking out said sec- 
tion and inserting in place thereof the following: 

400:8 Compensation of Commissioner, Deputy, and Research As- 
sistant. The salary of the commissioner, deputy commissioner, and re- 
search assistant to the commissioner shall be as prescribed in RSA 94:1-4. 

95:5 Allowances. Amend RSA 400:9 by striking out said section and 
inserting in place thereof the following: 

400:9 Expenses. The commissioner, the deputy commissioner, and 
the research assistant to the commissioner shall be allowed their traveling 
expenses while engaged in the performance of their duties. 

95:6 Salary. Amend RSA 94:1 (supp) as amended, by inserting in 
its proper alphabetical order the following: 

Research assistant to the insurance commissioner $9,000 $10,500 

95:7 Transfer of Appropriation. The appropriation in 1965, 282:1 
for salary of assistant to commissioner in the office of the insurance com- 
missioner in the amount of nine thousand, three hundred seventy-five 
dollars is hereby transferred to, appropriated, and made available for the 
salary of the research assistant to the insurance commissioner established 
by section 1 of this act. 

95:8 Effective Date. This act shall take effect upon its passage. 
[Approved May 9, 1967.] 
[Effective date May 9, 1967.] 



82 Chapter 96 [1967 

CHAPTER 96. 

AN ACT ETABLISHING THE OFFICE OF STATE GEOLOGIST. 

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

96:1 State Geologist. Amend RSA 12-A (supp) as inserted by 1961, 
223 by inserting after section 4 the following new sections: 

12-A:4-a State Geologist; Office Established. Within the division of 
economic development in the department of resources and economic de- 
velopment there shall be the office of state geologist. Said geologist shall 
be appointed by the commissioner of resources and economic develop- 
ment and shall be a member of the faculty of the department of geology 
of any accredited college or university situated in the state of New Hamp- 
shire. 

12-A:4-b Duties. The duties of the state geologist shall be to collect 
and interpret geologic mineralogic information, to coordinate coopera- 
tive projects with U. S. Geological Survey, U. S. Bureau of Mines and 
other agencies, to research the geology and mineral resources of the state, 
to serve as editor for state geologic publications, to make studies related 
to the geology of the state, to cooperate with federal agencies in collecting 
data on geologic activity and mineral industries, and to assist in educa- 
tional programs in geology and mineral resources at state educational 
institutions and public schools. 

96:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved May 9, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 97. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN ASSO- 
CIATIONS TO MAKE A SERVICE CHARGE ON DEFAULTED ACCOUNTS. 

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

97:1 Fines and Service Charges. Amend RSA 393:20 by striking out 
the section and inserting in its place the following: 393:20 Fines and 
Service Charges. It may impose fines upon its shareholders and upon 
those of its borrowers who are shareholders, for the non payment of dues, 
interest, and premiums as they become due, not exceeding two per cent 
a month upon the sums unpaid, and not extending beyond a period of 
six months from the time of the first default. It may make a service charge 
of not more than one dollar in any calendar year against any savings ac- 
count if at the time any such charge is made: (a) The association is not 



1967] Chapter 98 83 

required to distribute earnings on such account; (b) no payment has been 
made and no earnings have been distributed on such account for a period 
of at least twenty-five months next preceding the date on ^vhich such 
charge is made; and (c) thirty days prior to making the first service charge, 
the association ^vill mail to the holder of such account, at its last known 
address, a notice that service charges will be made in accordance with this 
section. 

97:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 9, 1967.] 
[Effective date July 8, 1967.] 



CHAPTER 98. 



AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN ASSO- 
CIATIONS TO SECURE LOANS BY LIFE INSURANCE POLICIES AND BY 
APPROVED STOCKS, BONDS, AND NOTES. 

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

98:1 Authorized Loans. Amend RSA 393 by inserting after section 
15-a (supp) as inserted by 1955, 140:1 and as amended by 1957, 194:1 a 
new section as follows: 393:15-b Other Loans. A building and loan asso- 
ciation or cooperative bank or savings and loan association may loan its 
funds as follows: 

I. In loans secured by the policy of a life insurance company with 
a cash surrender value, provided that such securities shall have at all times 
a market or cash value of at least ten per cent in excess of the loan. 

II. In loans secured by securities which are dealt in on the New York 
Stock Exchange, the American Stock Exchange or the Boston Stock Ex- 
change or loans secured by other securities which are legal investments in 
this state, provided that the market price of said securities shall at all 
times be at least twenty per cent in excess of the amount due upon the 
loans -^vhile held by the bank, the aggregate amount of all such loans shall 
at no time exceed ten per cent of a loan association's or cooperative bank's 
share capital. 

III. In notes which are guaranteed as to payment of at least eighty 
per cent of their outstanding principal from time to time by the New 
Hampshire Higher Education Assistance Foundation. 

98:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 9, 1967.] 
[Effective date July 8, 1967.] 



84 Chapter 99 [1967 

CHAPTER 99. 

AN ACT RELATIVE TO ASSOCT4TIONS FOR RURAL ELECTRIFICATION. 

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

99:1 Rural Electrification. Amend paragraph I of RSA 301:53 by 
striking out the words "not in excess of ten per cent of the number of its 
members" in line four, so that said paragraph as amended shall read as 
follows: I. To generate, manufacture, purchase, acquire, accumulate, 
and transmit electric energy, and to distribute, sell, supply and dispose 
of electric energy to its members, to governmental agencies and political 
subdivisions, and to other persons, but no person shall become a member 
unless such person shall agree to use electric energy furnished by the 
cooperative when such electric energy shall be available through its facili- 
ties, and membership shall cease if such person shall fail or refuse to use 
electric energy made available by the cooperative or if electric energy 
shall not be made available by the cooperative within a specified time 
after such person shall have become a member; provided, however, that 
such service shall be rendered only to persons residing on premises not 
receiving central station service on June 16, 1939, and to such other per- 
sons as the public service commission may find upon petition and after 
notice and hearing, that it is in the public interest that such association 
should render such service; and provided, further, that the provisions of 
section 7 with respect to qualifications of members shall not apply to mem- 
bers of a cooperative association organized under this paragraph. 

99:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 9, 1967.] 
[Effective date July 8, 1967.] 



CHAPTER 100. 

AN ACT RELATIVE TO JURY SERVICE FOR WOMEN. 

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

100:1 Jurors. Amend RSA 500:1 by striking out said section and 
inserting in place thereof the following: 500:1 Town Lists. The select- 
men of each town shall annually in December, make a list of such men 
and women as they judge best qualified to serve as jurors; and the list 
shall be kept by them and delivered to their successors in office. Provided, 
however, that any woman who has care of one or more children under 
the age of twelve years shall, if she so desires, be exempt from jury duty. 



1967] Chapter 101 85 

100:2 Effective Date. This act shall take effect September 1, 1967. 
[Approved May 9, 1967.] 
[Effective date September 1, 1967.] 



CHAPTER 101. 

AN ACT PROVIDING THAT BY AGREEMENT EXAMINATION OF A BANKING 
INSTITUTION MAY BE MADE BY THE BANK COMMISSIONER. 

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

101:1 Examination of Banks. Amend RSA 386 by inserting after 
section 36 the following new section: 

386:36-a In lieu of the examination by trustees or directors, as pro- 
vided by section 35, or the examination by a certified public accountant, 
as provided by section 36, the institution may enter into an arrangement 
with the bank commissioner, approved by the directors by duly recorded 
vote and by the commissioner in writing, under which the commissioner 
shall make one examination each year of the affairs of the institution. 
The expense of such examination shall be chargeable to and paid by the 
institution. The procedure for such payment shall be the same as for 
payments by institutions for cost of examinations under RSA 383:11. 
Any such arrangement may be terminated by either party upon at least 
thirty days' notice in writing. 

101:2 Collection of Cost of Examinations. Amend RSA 383:11 as 
amended by 1959, 268:1 and 269:1, 2; 1961, 224:3, 225:3; 1963, 198:1, 2, 
199:2; 1965, 239:4, 282:4 by striking out the same and inserting in place 
thereof the following: 

383:11 Payment of Cost of Examination. The bank commissioner, 
shall, each fiscal year, charge and collect from the institutions, the condi- 
tion and management of which he is required to examine under the pro- 
visions of section 9, as the total cost of such examinations, a sum equal 
to the difference between the total amount appropriated for the bank 
commissioner's department and the amount therein appropriated for the 
salary of the commissioner. Said sum shall be collected as follows: 

I. From each such institution examined a sum equal to the product 
of the average daily rate of pay of all examining personnel employed in 
making examinations pursuant to the provisions of section 9, multiplied 
by the number of man days devoted to the examination of the particular 
institution, provided, however, that no such institution shall be charged 
or pay for less than one full day. 

II. The balance of said sum remaining after the charges provided 
for in paragraph I have been deducted from the total sum shall be charged 



86 Chapter 102 [1967 

and collected as follows: each institution required to be examined under 
the provisions of section 9 shall be charged and pay such proportion of 
said balance as its assets bear to the total assets of all such institutions as 
shown by their reports to the commissioner as of the thirtieth day of June 
preceding such charges. 

III. Payments of the charges provided for by paragraphs I and II 
shall be made within thirty days of receipt of the notice thereof. 

IV. Any excess collected in any fiscal year under the provisions of 
this section shall be used to reduce the sum required to be collected in the 
next succeeding fiscal year. 

101:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 102. 

AN ACT RELATIVE TO VOLUNTARY CORPORATIONS. 

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

102:1 Corporations Organized for Care of Roads and Streets. Amend 
paragraph VI of RSA 292:1 by striking out said paragraph and inserting 
in place thereof the following: VI. The provision and care of walks, 
parks, commons, roads and streets. 

102:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 103. 

AN ACT DIRECTING A STUDY OF EMERGENCY COMMUNICATION DEVICES 
ALONG CERTAIN HIGHWAYS. 

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

103:1 Certain Highways. The commissioner of public works and 
highways is hereby directed during the coming biennial period to make 
a study of emergency communications for New Hampshire's express-w^ay 
system which includes both the interstate and defense highway and toll 
road systems. The commissioner is further directed in preparing such a 



1967] Chapter 104 87 

study to draAv upon the results of national research organizations as well 
as the results of research conducted by other and larger states. He shall 
supplement this information through studies made by his own staff, sup- 
plemented by consultants if and as in his opinion required. 

103:2 Emergency Communication Systems. The commissioner of 
public works and highways, in studying a system of emergency communi- 
cations, is directed to establish a highway safety patrol on a section of 
expressway approximately twenty-five miles in length, with this patrol 
to provide a twenty-four hour a day operation for a period of at least six 
months. The patrol, in addition to providing assistance to distressed 
motorists, is to develop records associated with the need for and character 
of the emergency services required. 

103:3 Report of Investigations. Upon completion of such a study, 
he shall file copies of his report thereof with the secretary of state not later 
than January 1, 1969. Said report shall contain the results of the investiga- 
tions described herein together with the recommendations of the com- 
missioner to the general court. 

103:4 Effective Date. This act shall take effect upon its passage. 
[Approved May 11, 1967.] 
[Effective date May 11, 1967.] 



CHAPTER 104. 

AN ACT TO MAKE IT UNLAWFUL TO USE TELEPHONE FACILITIES TO ABUSE 

OR ANNOY OTHERS. 

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

104:1 Malicious Injury. Amend RSA 572 by inserting after section 
38-a (supp) as inserted by 1955, 235:1 and amended by 1957, 31:1, the 
following new section: 572:38-b Abusing or Obscene Telephone Calls. 

I. It is unlawful for any person to make use of telephone equip- 
ment: 

(a) For an anonymous call if in a manner reasonably to be expected 
to annoy, abuse, torment, harass, disturb the peace or right of privacy of, 
or embarrass another person, whether or not conversation follows; or 

(b) For repeated calls, if made with the intent to annoy, abuse, tor- 
ment, harass, disturb the peace or right of privacy of, or embarrass another 
person; whether or not conversation follows; or 

(c) To make any comment, request, suggestion, or proposal which 
is obscene, lewd, lascivious, or indecent to another person; 



88 Chapter 105 [1967 

(d) To threaten to inflict injury or physical harm to the person or 
property of another; or 

(e) With the intent to terrify or intimidate or threaten another 
person. 

II. Any offense committed by the use of a telephone as set forth in 
this section may be deemed to have been committed either at the place 
^vhere the telephone call originated or at the place where the telephone 
call was received. 

III. The use of obscene, lewd, lascivious, or indecent language as 
made unlawful by paragraph I of this section is prima facie evidence of 
intent to annoy, abuse, torment, harass, disturb the peace or right of pri- 
vacy of or to embarrass, or to terrify or intimidate or threaten another 
person. 

IV. Any person violating any of the provisions of this section is 
guilty of a misdemeanor, and upon conviction, is subject to a fine of not 
more than two hundred dollars or to imprisonment for not more than 
six months, or both, in the discretion of the court, provided that if the 
telephone that is receiving the call is used as an emergency telephone to 
receive calls for police, medical or ambulance aid, for giving or receiving 
a fire alarm, or for civil defense use, the person found guilty may be pun- 
ished by a fine of not more than five hundred dollars or by imprisonment 
for not more than one year, or both. 

104:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 105. 

AN ACT RELATIVE TO DISPOSITION OF MUNICIPAL RECORDS. 

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

105:1 New Chapter. Amend RSA by inserting after chapter 33 the 
following new chapter: 

Chapter 33-A 

Disposition of Municipal Records 

33-A:l Definition of Terms. As used in this chapter the following 
words shall be construed as follows: 

I. "Municipal" shall mean a city or town. 



1967] 



Chapter 105 



89 



II. "Municipal officers" shall mean the board of selectmen in the 
case of a town or the mayor or city manager in case of a city. 

III. "Legislative body" shall mean the town meeting in the case of 
a town or the city councils in the case of a city. 

33-A:2 Authority Granted. The legislative body of a municipality 
may vote to authorize the disposition of municipal records in accordance 
with the provisions of this chapter. Authority for such disposition once 
given shall be deemed to be continuing. 

33-A:3 Committee. The municipal officers, in a municipality adopt- 
ing the provisions of this chapter, together with the clerk and the treas- 
urer of the municipality shall constitute a committee to review old records 
of the municipality and to carry out the disposition thereof in accordance 
with the provisions hereof. When records are so disposed of said com- 
mittee shall file a certificate with the clerk stating the type of record, 
number of records, method of disposition and the date of such disposition. 

33-A:4 Disposition Schedule. The following records may be disposed 
of under the following schedule: 



I. Officer and Treasurer 

(a) Ledger and journal entry records 

(b) Checks and bills 

(c) Vouchers and treasurer's receipts 

(d) Treasurer's warrants 

(e) Bank deposit slips and statements 

(f) Payrolls 

(g) Note, bond and coupon register 

(h) Cancelled notes, bonds and coupons 
(i) Insurance policies and bonds 

(j) Annual audit report 

(k) Minutes of selectmen's meetings 

(1) Zoning board of appeal decisions 

(m) Building permits and applications 

(n) Trust fund book 

(o) Street acceptances 

II. Tax Collectors 

(a) Property, poll and state head tax warrant 
book 

(b) Cash book or sheets 

(c) Notice of sale of real estate 

(d) Tax sales and redemj^tion book 

(e) Report of tax sales redeemed 

(f) Registered or certified receipts of notices 
to property owner and mortgage of tax 
sale including subsequent tax payment 



Statutory 
Period of 
Retention 

7 years 

6 years 

6 years 

6 years 

6 years 

6 years 
Permanent 
Until audit 

6 years 

(after expiration) 
10 years 
10 years 
10 years 

5 years 
Permanent 
Permanent 



20 years 

6 years 
10 years 
20 years 

6 years 
10 years 



Disposition 

Microfilm 

Destroy 

Destroy 

Destroy 

Destroy 

Destroy 

Microfilm 

Destroy 

Destroy 

Destroy 

Microfilm 

Destroy 

Destroy 

Microfilm 

Microfilm 



Microfilm 

Destroy 

Microfilm 

Microfilm 

Destroy 

Microfilm 



90 



Chapter 105 



[1967 



Microfilm 

Microfilm 

Microfilm 
Destroy 



(g) Collector's deed for property purchased by Permanent 
town 

(h) Tax deed record — card 20 years 

Property bought by town 

(i) Special assessments 20 years 

(j) Bills — property tax, head and poll tax, 6 years 
special assessment, water and miscellane- 
ous receipts 

III, Assessors 

(a) Invoice (inventory) of taxable property 

(b) Abatement record . 

(c) Individual inventory of taxable property 

(d) Application for service exemption 

(e) Property record cards 

IV. Town or City Clerk 

(a) Town meeting and city council records 

(b) Minutes of boards and committees 

(c) Security titles for personal property: chat- 
tel mortgages, conditional sales, etc. 

(d) Licenses 

(e) Oath of office book 
(£) Annual town report 
(g) Cash book 
(h) Motor vehicle permits 
(!) Births, marriages and deaths — vital 

statistics 
(j) Maps, street and municipal building plans 

and deeds 
(k) Check list 



(1) Burial permits 

(m) Invoice (inventory) of taxable property 

33-A:5 Microfilming. Records disposed of by microfilming shall be 
accomplished by the production of two films, one to be retained by the 
municipality in a fireproof container and properly labeled, the other to 
be certified to a suitable location for permanent storage. Records which 
have been microfilmed may be retained or destroyed as the municipal 
officers shall determine. 

33-A:6 Exception. Notwithstanding any other provision hereof, 
original town meeting and city council records shall not be disposed of but 
shall be permanently preserved. Such records prior to 1900 need not be 
microfilmed unless legible. 

Effective Date. This act shall take effect sixty days after its 



20 years 


Microfilm 


20 years 


Microfilm 


2 years 


Destroy 


2 years 


Destroy 


Until Superceded 


Destroy 


Permanent 


Microfilm 


20 years 


Microfilin 


12 years 


Destroy 


3 years 


Destroy 


20 years 


Microfilm 


Permanent 


Permanent 


20 years 


Microfilm 


6 years 


Destroy 


Permanent 


Microfilm 


Permanent 


Microfilm 


3 years 


Destroy 




Non-presidential 




Elections 


6 years 


Destroy 


Permanent 


Microfilm 



105:2 

passage. 

[Approved May 11, 1967.] 

[Effective date July 10, 1967.] 



1967] Chapter 106 91 

CHAPTER 106. 

AN ACT DEFINING THE WORD "SPENDTHRIFT." 

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

106:1 Statutory Construction. Amend RSA 21 : 19 by striking out said 
section and inserting in place thereof the following: 21:19 Spendthrift. 
The word "spendthrift" shall include anyone who is liable to be put under 
guardianship on account of excessive drinking, gaming, idleness, de- 
bauchery or vicious habits of any kind, or who is unable to manage his 
affairs with prudence. 

106:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 107. 

AN ACT RELATIVE TO DESTRUCTION OF SUPERIOR COURT RECORDS IN 

CERTAIN CASES. 

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

107:1 Superior Court. Amend RSA 499 by inserting after section 4 
the following new section: 499:4-a Destruction of Records. When the 
superior court, acting as a body, determines that the preservation of the 
original files, papers and records in cases finally disposed of, which have 
been placed on microfilm or otherwise reproduced, is no longer required 
for the public good they may be destroyed or it may, in its discretion, give 
any of them to any public historical society or corporation organized for 
the preservation of historical documents. 

107:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



92 Chapter 108 [1967 

CHAPTER 108. 

AN ACT RELATING TO ACCEPTING CERTIFICATES FROM INSURANCE COM- 
PANIES NOT AUTHORIZED TO DO BUSINESS IN NEW HAMPSHIRE UNDER 
THE MOTOR \'EHICLE FINANCIAL RESPONSIBILITY LAW. 

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

108:1 Redefining the term "Certificate" to Include Certain Insurance 
Companies. Amend paragraph VI of RSA 268:1 by striking out said 
paragraph and inserting in place thereof the following: VI. "Certificate," 
the certificate of an insurance company authorized to transact the business 
specified in chapter 412 RSA or of an insurance company or surety com- 
pany not authorized to do business in this state if such company possesses 
capital and assets to the extent and of the quality required under the pro- 
visions of RSA 405:2 or 4, as determined by the insurance commissioner of 
this state, that it has issued to or for the benefit of the defendant a motor 
vehicle liability policy as hereinafter defined covering the use of the motor 
vehicle, trailer, or semi-trailer involved in the accident as a result of which 
the action at law to recover damages referred to in section 5 was com- 
menced as respects such accidents. 

108:2 Insurance Policies Issued by Certain Insurance Companies 
Acceptable. Amend paragraph VI of RSA 268:5 as amended by 1955, 
94:3 by striking out in lines three, four, five, six, seven and eight the words 
"except that if such motor vehicle was not registered in this state, or was 
a motor vehicle which was registered elsewhere than in this state at the 
effective date of the policy or the most recent renewal thereof, such policy 
may be accepted from an insurance company or surety company not au- 
thorized to do business in this state if it shall be approved by the insur- 
ance commissioner of this state and" and by inserting in place thereof 
the following (except that such policy may be accepted from an insurance 
company or surety company not authorized to do business in this state 
if such company possesses capital and assets to the extent and of the qual- 
ity required under the provisions of RSA 405:2 or 4, as determined by 
the insurance commissioner of this state and such company) so that said 
paragraph as amended shall read as follows: VI. No such policy shall 
be effective under this section unless issued by an insurance company or 
surety company authorized to do business in this state, except that such 
policy may be accepted from an insurance company or surety company 
not authorized to do business in this state if such company possesses capi- 
tal and assets to the extent and of the quality required under the provi- 
sions of RSA 405:2 or 4, as determined by the insurance commissioner 
of this state and such company shall execute a power of attorney author- 
izing the director of the division of motor vehicles to accept service on 
its behalf of notice or process in any action involving such policy arising 



1967] Chapter 109 93 

out of such accident; provided, however, every such policy shall provide 
the same degree of security as required by this chapter. 

108:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 109. 

AN ACT RELATING TO SIGNATURES ON NOTES OF BANKS. 

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

109:1 Signatures. Amend RSA 384:16 by striking out said section 
and inserting in place thereof the following: 384:16 Borrowing. No sav- 
ings bank, state bank, or trust company shall hire money or give the 
note of such institution except by vote of the trustees or directors thereof, 
duly recorded; and all such notes shall be signed by the officer or officers 
designated in said vote and shall be countersigned by two member of 
the board of trustees or directors. And for the purpose of securing such 
loan or loans, said bank or company may pledge, as security therefor, real 
estate mortgages, notes, stocks, or other securities. 

109:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 110. 

AN ACT RELATING TO THE TAXATION OF TRANSFERS OF CERTAIN ESTATES. 

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

110:1 Estate Tax. Amend RSA 87:1 (supp) as amended by 1955, 
72:1, by inserting after the words "exclusive of" in line twenty-four the 
words (estate taxes based upon the difference between such credit and 
other) so the section as amended will read as follows: 87:1 Tax Imposed. 
In addition to the taxes imposed by chapter 86 an estate tax is hereby 
imposed upon the transfer of all estates which are subject to an estate 
tax under the provisions of the United States internal revenue code and 
amendments thereto where the decedent at the time of his death was 
domiciled in this state. The amount of said New Hampshire estate tax 
shall be equal to the extent, if any, of the excess of the credit allowable 
under said United States internal revenue code over the aggregate amount 
of all estate, inheritance, transfer, legacy and succession taxes paid to 



94 Chapter 111 [1967 

any state or territory or the District of Columbia in respect to any prop- 
erty in the estate of said decedent. Provided that such estate tax hereby 
imposed shall in no case exceed the extent to which its payment ^vill effect 
a saving or diminution in the amount of the United States estate tax 
payable by or out of the estate of the decedent had this chapter not been 
enacted. The tax hereby imposed shall be for the use of the state. Further- 
more an estate tax is hereby imposed upon the transfer of real property 
and tangible personal property in this state of every person who at the time 
of his death was a resident of the United States but not domiciled in this 
state, and upon the transfer of all property, real and personal, "wathin 
this state of every person who at the time of his death was not a resident 
of the United States, the amount of which shall be a sum equal to such 
proportion of the amount by which the credit allowable under the ap- 
plicable United States revenue act for estate, transfer, legacy, succession 
and inheritance taxes actually paid to several states exceeds the amount 
actually paid for such taxes exclusive of estate taxes based upon the dif- 
ference between such credit and other estate, transfer, legacy, succession 
and inheritance taxes, as the value of the property in this state bears to 
the value of the entire estate subject to an estate tax under the provisions 
of the United States internal revenue code. 

110:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 111. 

AN ACT RELATIVE TO THE BUSINESS DAY OF TAX COLLECTOR AND CONTENTS 

OF ANNUAL REPORTS. 

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

Court convened: 

111:1 Tax Collector; Business Hours. Amend RSA 41:35 (supp) as 
amended by 1965, 27:1 by striking 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 collected 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 selectmen for inspection and com- 
putation ^vhen requested so to do and if they discover any errors therein 
they shall immediately notify the town auditors thereof; and the auditors 



1967] Chapter 112 95 

shall promptly examine the collector's records and make a written report 
to the selectmen and state tax commission of their findings, conclusions, 
and recommendations. The collector shall be at the town hall or other 
place where the selectmen customarily meet at least one day each month 
for at least two hours for the transaction of tax business, ^vhich 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 amoimt 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 provide 
the selectmen with an itemized list of the uncollected taxes at the end 
of the fiscal year. 

111:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 11, 1967.] 
[Effective date July 10, 1967.] 



CHAPTER 112. 

AN ACT AMENDING THE HAZARDOUS SUBSTANCE LAW TO INCLUDE HAZARDOUS 
TOYS AND ARTICLES INTENDED FOR CHILDREN. 

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

112:1 Prohibited Acts. Amend paragraphs I, II and VII of RSA 
339-A:l as inserted by 1965, 77:1 by striking out said paragraphs and in- 
serting in place thereof the following: 

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

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

VII. The delivery or proffered delivery for pay or otherwise, of a 
hazardous substance in a reused food, drug or cosmetic container or in 
a container which, though not a reused container, is identifiable as a 
food, drug, or cosmetic container by its labeling or by other identifica- 
tion. The reuse of a food, drug, or cosmetic container as a container for 
a hazardous substance shall be deemed to be an act which results in the 
hazardous substance being a misbranded hazardous substance. As used in 



96 Chapter 112 [1967 

this paragraph the term "food," "drug," and "cosmetic" shall have the 
same meaning as defined in section 2, chapter 146, RSA. 

112:2 Terms Defined. Amend subparagraph (c) of paragraph II of 
RSA 339-A:2 as inserted by 1965, 77:1 by striking out said subparagraph 
and inserting in place thereof the following: (c) any radioactive substance, 
if, with respect to such substance as used in a particular class of articles 
or as packaged, the director determines by regulation that the substance 
is sufficiently hazardous to require labeling in accordance with this chap- 
ter in order to protect the public health. Provided, however, that the 
term "hazardous substance" shall not apply to economic poisons subject 
to RSA 438, nor to products subject to RSA 153, nor to foods, drugs and 
cosmetics subject to RSA 146, nor to substances intended for use as fuels 
when stored in containers and used in the treating, cooking, or refrigera- 
tion systems of a house, but such term shall apply to any article which is 
not itself an economic poison within the meaning of RSA 438 but which 
is a hazardous substance within the meaning of this paragiaph by reason 
of bearing or containing such an economic poison. This term shall not 
include any source material, special nuclear material, or by-product ma- 
terial, defined in RSA 125 by the United States Atomic Energy Act of 
1954, as amended, and regulations issued pursuant thereto by the United 
States Atomic Energy Commission. 

112:3 Label. Amend paragraph XI of RSA 339-A:2 as inserted by 
1965, 77:1 by striking out said paragraph and inserting in place thereof 
the following: XI. The term "label" means a display of written, printed, 
or graphic matter upon the immediate container of any substance or, in 
the case of an article which is unpackaged or is not packaged in an im- 
mediate container intended or suitable for delivery to the ultimate con- 
sumer, a display of such matter directly upon the article involved or upon 
a tag or other suitable material affixed thereto. 

112:4 Misbranding. Amend RSA 339-A:3 as inserted by 1965, 77:1 
by striking out said section and inserting in place thereof the following: 
339-A:3 Misbranded Package. The term misbranded hazardous substance 
means a hazardous substance (including a toy, or other article intended for 
use by children, which is a hazardous substance, or which bears or contains 
a hazardous substance in such manner as to be susceptible of access by a 
child to whom such toy or other article is entrusted) intended, or pack- 
aged in a form suitable, for use in the household or by children, which 
substance, except as otherwise provided by or pursuant to section 5, fails 
to bear a label: 

I. Which states conspicuously (a) the name and place of business of 
the manufacturer, packer, distributor or seller; (b) the common or usual 
name or the chemical name (if there be no common or usual name) of 
the hazardous substance or of each component which contributes sub- 



1967] Chapter 112 97 

stantially to its hazard, unless the director by regulation permits or re- 
quires the use of a generic name; (c) the signal word "DANGER" on 
substances ^vhich are extremely flammable, corrosive, or highly toxic; 
(d) the signal word "WARNING" or "Caution" on all other hazardous 
substances; (e) an affirmative statement of the principle hazard or haz- 
ards, such as "Flammable," "Vapor Harmful," "Causes Burns," "Absorbed 
Through Skin," or similar wording description of the hazard; (f) precau- 
tionary measures describing the action to be followed or avoided, except 
"^vhen modified by regulation of the director pursuant to section 5; (g) in- 
structions, Avhen necessary or appropriate, for first aid treatment; (h) the 
word "poison" for any hazardous substance which is defined as "highly 
toxic" by subparagraph IV of section 2; (i) instructions for handling and 
storage of packages which require special care in handling or storage; 
and (j) the statement "keep out of reach of children" or its practical equiv- 
alent, or if the article is intended for use by children and is not a banned 
hazardous substance, adequate directions for the protection of children 
from the hazard. 

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

112:5 Special Labeling. Amend paragraph II of RSA 339-A:5 as 
inserted by 1965, 77:1 by striking out said paragraph and inserting in 
place thereof the following: II. The director may promulgate regula- 
tions declaring any substance or mixture of substances to be a hazardous 
substance ^vhich he finds meets the requirements of subparagraph (a) of 
paragraph II of section 2. He may promulgate regulations establishing 
such reasonable variations or additional label requirements as may be 
found necessary for the protection of the public health and safety, and any 
such hazardous substance intended, or packaged in a form suitable, for 
use in the household or by children, which fails to bear a label in ac- 
cordance with such regulations shall be deemed to be a misbranded haz- 
ardous substance. The director shall adopt all regulations relating to 
hazardous substances promulgated under the Federal Act. 

112:6 Exemption. Amend paragraph III of RSA 339-A:5 as inserted 
by 1965, 77: 1 by striking out said paragraph and inserting in place thereof 
the following: III. If the director finds, that because of the size of the 
package involved or because of the minor hazard presented by the sub- 
stance contained therein, or for other good and sufficient reasons, failure 
to comply Avith the labeling requirements otherwise applicable under 
this chapter is impracticable or is not necessary for the adequate protec- 
tion of the public health and safety, the director may promulgate regu- 
lations exempting such substance from the requirements to the extent he 
determines to be consistent with adequate protection to the public health. 



98 Chapter 113 [1967 

The director may exempt from the requirements established by or pur- 
suant to this chapter any liazardous substance or any container of a haz- 
ardous substance '^vith respect to which he finds that adequate require- 
ments satisfying the purposes of this chapter have been established by 
or pursuant to any other state law or regulations, promulgated under 
such laAv. 

112:7 Embargo. Amend RSA 339-A:6 as inserted by 1965, 77:1 by 
striking out said section and inserting in place thereof the follo^ving: 
339-A:6 Authority to Embargo and Condemn. Any misbranded hazard- 
ous substance found in violation of this chapter may be subject to embargo 
and condemnation in accord ^vith the provisions of section 20, chapter 
146, RSA. 

112:8 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 16, 1967.] 
[Effective date July 15, 1967.] 



CHAPTER 113. 

AN ACT TRANSFERRING THE POSITION OF COORDINATOR OF FEDERAL FUNDS 

TO THE OFFICE OF THE GOVERNOR, AND ADVISING DEPARTMENTS, 

CITIES AND TOWNS ON AVAILABLE FEDERAL FUNDS. 

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

113:1 Term and Transfer. Amend RSA 4 by inserting after section 
12 the folloAvdng ne^v section: 4:12-a Coordinator of Federal Funds. The 

governor with the consent of the council shall appoint a coordinator of 
federal funds who shall hold office at the pleasure of the governor and 
council and until his successor is appointed and qualified; he shall be 
an unclassified employee and shall be qualified by education and experi- 
ence. He shall (1) inform and advise the heads of all state departments, 
divisions, agencies and commissions and the legislative budget assistant 
concerning federal programs from which the state may be eligible to re- 
ceive federal funds and concerning the application requirements "vvhich 
must be met in order to participate therein, (2) revicAv all requests and 
agreements originating in any state department, division, agency and 
commission relating to participation in any federal program from Avhich 
federal funds may be received, (3) receive accounts from all state depart- 
ments, divisions, agencies and commissions setting forth the amounts of 
funds received each quarter from the federal government and the dis- 
position and use of all such funds, (4) inform and advise, upon request, 
the representative of any city or town concerning federal programs from 
which the city or town may be eligible to receive federal funds and con- 



1967] Chapter 114 99 

cerning the application requirements which must be met in order to 
participate tlierein. 

113:2 Repeal. So much of chapter 239 and 282 of the Laws of 1965 
as establishes the office of coordinator of federal funds is hereby repealed. 

113:3 Effective Date. This act shall take effect July 1, 1967. 
[Approved May 16, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 114. 

AN ACT TO INCREASE THE ALLOWABLE LIMIT OF OUTSTANDING TEMPORARY 

NOTES. 

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

114:1 Outstanding Borrowing. Amend RSA 6:13 (supp), as amended 
by 1959, 63:1 and 1965, 188:1, by striking out the word "ten" in line seven 
and inserting in place thereof the word (fifteen) so that said section as 
amended shall read as follows: 6:13 Borrowing Money. If money due 
from the state is demanded and there are not sufficient funds in the treas- 
ury available for the payment of the same, the treasurer under the direc- 
tion of the governor and council is authorized to borrow on the state's 
credit for a period of not more than one year, at the lowest rate of in- 
terest obtainable, such sums as may be necessary, provided that at no 
time shall the indebtedness of the state pursuant to the authority granted 
by this section exceed the sum of fifteen million dollars. 

114:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 115. 

AN ACT RELATIVE TO FILING FOR NOMINATIONS IN PRIMARY ELECTIONS. 

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

115:1 Primary Elections. Amend RSA 56 by inserting after section 
28 the following new section: 56:28-a Incompatible Offices. No person 
shall file declaration of candidacy or primary petitions for nomination 
at the primary for incompatible offices. For the purposes of this section 
incompatible offices shall include the offices of representative to the gen- 
eral court, state senator and councilor. If any person shall file for such 



100 Chapter 116 [1967 

incompatible offices the secretary of state shall advise the person of the 
provisions hereof and said person shall then advise the secretary of state 
which of said offices he wishes to retain in order to seek said nomination. 
If a filing fee has been paid for a declaration of candidacy which he de- 
clines the fee shall be returned to him. 

115:2 Effective Date. This act shall take effect January 1, 1968. 
[Approved May 19, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 116. 

AN ACT RELATING TO GIFTS OF PERSONAL PROPERTY TO THE STATE, TO BE 

USED RELATIVE TO HISTORIC SITES OR TECHNICAL INSTITUTES 

OR VOCATIONAL-TECHNICAL INSTITUTES. 

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

116:1 Executive Order. Amend RSA chapter 4 by inserting after 
section 8 the following new section: 4:8-a Gifts for Historic Sites and 
Technical Institutes or Vocational-Technical Institutes. The governor 
and council may, by executive order authorize the department of resources 
and economic development to accept, for the state, gifts of personal prop- 
erty and money which are donated for use in connection with historic 
sites and the buildings or structures thereon, which are under the man- 
agement of that department. Each such executive order shall relate to a 
particular site and may authorize the use of such personal property or the 
expenditure of such money, in accordance with the terms of the gift, un- 
der the supervision of such department. Such executive order, as originally 
made or later amended, may also authorize the sale or exchange of any 
such personal property found subsequently to be inappropriate for use, 
where not inconsistent with the terms of the gift, and application of the 
proceeds or items received in exchange for the purposes of the original 
gift. The department shall keep a permanent inventory or record of such 
gifts and the disposition thereof. The governor and council may, by ex- 
ecutive order, delegate the same authority with reference to gifts to tech- 
nical institutes or vocational-technical institutes authorizing the commis- 
sioner of education to make acceptance thereof, and all other provisions 
of this section shall apply thereto. 

116:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 19, 1967.] 
[Effective date May 19, 1967.] 



1967] Chapter 117 101 

CHAPTER 117. 

AN ACT RELATING TO PARTICIPATION IN REAL ESTATE MORTGAGES BY 

SAVINGS BANKS. 

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

117:1 Certificates. Amend subparagraph (c) of paragraph I of RSA 
387:17 (supp) as amended by 1955, 214:11 by striking out said subpara- 
graph and inserting in place thereof the following: (c) Participation 
Certificates. Each participating lender shall obtain and retain a participa- 
tion certificate from the originating lender. Such participation certificate 
shall set forth the full amount of the loan, the name and extent of par- 
ticipation of each participating lender, the date and terms of amortization 
of the loan, and that the originating lender holds a note and mortgage 
didy executed by the borrowers for the full amount of the loan. In case 
of any change in the names or of the extent of the participation of par- 
ticipating lenders, the participation certificates shall be amended accord- 
ingly by issuance of a supplement to each participating lender. 

117:2 Federal Housing Administration Construction Loans. Amend 
paragraph I of RSA 387:17 (supp) as amended by 1955, 214:11 by inserting 
at the end of said paragraph the following new subparagraph: (e) Federal 
Housing Administration Construction Mortgage Loans. In the case of 
construction mortgage loans insured by Federal Housing Administration, 
which otherwise are legal investments, savings banks may lawfully par- 
ticipate therein ^vithout requiring the participation agreement to include 
the provisions relating to foreclosure and purchase of a dissenting parti- 
cipant's interest, as set forth in (b) above. 

117:3 Participation of Other Institutions. Amend RSA 387:17-a 
(supp) as inserted by 1963, 326:1 by striking out said section and inserting 
in place thereof the following: 387:17-a Other Institutions. The Small 
Business Administration and other federally-chartered corporations which 
are agencies or instrumentalities of the United States, the Industrial De- 
velopment Authority as an agency of the state, trustees of pension trusts 
and retirement funds, and credit unions shall be deemed qualified to be 
an originating lender or a participating lender, within the meaning of 
this chapter and the definitions contained in paragraphs XIII, XIV and 
XV of section 1 of this chapter, in participation with any of the kinds of 
institutions mentioned therein. Provided, however, that the authority 
granted by this section shall be limited to participation in mortgage loans 
authorized by paragraphs I, III, IV and VI of section 4 of this chapter. 

117:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



102 Chapter 118 [1967 

CHAPTER 118. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN ASSO- 
CIATIONS TO INVEST EXCESS FUNDS IN OBLIGATIONS OF THE UNITED STATES 
AS DESIGNATED BY THE BANK COMMISSIONER. 

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

118:1 Investment of Excess Funds. Amend paragraph II of RSA 
393:27 by striking out the paragraph and inserting in its place the follow- 
insr: II. In bonds, notes, debentures, or other securities or obligations 
issued by any Federal Home Loan Bank of the United States, or in obliga- 
tions of agencies of the United States as are designated by written ruling 
of the bank commissioner. 

118:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 119. 

AN ACT TO ALLOW COOPERATIVE BANKS AND BUILDING AND LOAN ASSOCIA- 
TIONS TO HOLD WRITTEN INSTRUMENTS OR THINGS OF VALUE IN ESCROW. 

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

119:1 Retention of Documents. Amend RSA 393 by inserting after 
section 58 (supp) as inserted by 1963, 313:5 the following neA\^ section: 
393:59 Escrow Powers. Any cooperative bank or building and loan asso- 
ciation or savings and loan association may hold in escrow any written 
instrument, money, evidence of title to real or personal property, or any 
other thing of value which may come into its possession in the course of 
its business. 

119:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



1967] Chapter 120 103 

CHAPTER 120. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS OR BUILDING AND LOAN ASSO- 
CIATIONS TO MAKE LOANS INSURED BY THE STATE OF NEW HAMPSHIRE 
IN EXCESS OF THE STATUTORY LIMITATION. 

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

120:1 Investments. Amend RSA 393:18 (supp) as amended by 1961, 
136:4; 1963, 313:2; and 1965, 317:2 by striking out the section and insert- 
ing in its place the following: 393:18 Limitations on Amount of Real 
Estate Loans and Investments. A cooperative bank or building and loan 
association or savings 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 associa- 
tion, 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 t^venty thousand dollars 
may not exceed eighty per cent of the appraised value of any one prop- 
erty. These limitations shall not apply to loans insured or guaranteed by 
the Federal Housing Administration, 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. 

120:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 121. 

AN ACT INCREASING THE MINIMUM COST RELATIVE TO BUILDINGS ABOVE 
WHICH REGISTERED ARCHITECTS AND ENGINEERS MUST BE EMPLOYED. 

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

121:1 Public Works Contracts. Amend paragraph I of RSA 228:4 

by striking out the figure "$25,000" in line fifteen and inserting in place 
thereof the figure ($75,000) so that said paragraph as amended shall read 
as follows: I. It is hereby declared to be the policy of the state that major 
state projects, except normal highway and bridge maintenance and better- 
ments, state aided town roads and bridges, and state aid road and state aid 



104 Chapter 122 [1967 

bridge projects, where federal funds are not involved; maintenance and 
betterments on fixed plants or buildings, the estimated cost of which is 
?5,000 or less; and such projects, with the approval of the governor and 
coimcil, as may be executed under chapter 481, RSA, when financed 
either (a) by the use of not exceeding $5,000 appropriated by the legisla- 
ture, and (b) by use of funds obtained through the sale of revenue bonds 
or by use of funds obtained from a source other than an appropriation 
by the legislature or by both (a) and (b), shall be built by the contract 
method under competitive bidding, and that independent registered pro- 
fessional architects or registered professional engineers shall be employed 
for the construction, maintenance and betterments on fixed plants or 
buildings whose cost exceed $75,000. It is further declared to be the policy 
of the state that all awards under such competitive bidding shall be to the 
lowest responsible bidder. It is further declared to be the policy of the 
state that state contract construction shall not be performed on the basis 
of a cost-plus contract, so-called. Projects not in excess of $10,000 may be 
done on a force account basis upon the recommendation of the commis- 
sioner with the approval of the governor and council and it is further 
provided, that in an emergency, such sum may be exceeded upon the 
recommendation of the commissioner with the approval of the governor 
and council. 

121:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 122. 

AN ACT PROVIDING FOR HEARINGS ON APPEALS BY APPLICANTS FOR AND 
RECIPIENTS OF MEDICAL ASSISTANCE. 

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

122:1 Hearings to Include Medical Assistance. Amend RSA 126- 
A:9-a (supp), as inserted by 1965, 352:5, by inserting in line six after the 
word "assistance" the words (including medical assistance) so that said 
section as amended shall read as follows: 126-A:9-a Board of Appeals. 
From within its membership the advisory commission shall appoint three 
members to act as a board of appeals. The term of office of such members 
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 by applicants for and recipients of public assist- 
ance including medical assistance. When a member of the advisory com- 
mission is appointed to act as a member of the board of appeals he shall 



1967] Chapter 123 105 

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 reim- 
bursement for expenses, including mileage. Payment for such per diem 
and expenses for the board of appeals shall be a charge upon the appro- 
priation for the department of health and welfare. 

122:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 123. 

AN ACT RELATIVE TO INSURANCE ON RISKS LOCATED OUTSIDE THE STATE. 

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

123:1 Commission on Out-of-State Coverage to Nonresident Agent. 

Amend RSA 8:19 IX (supp), as amended by 1957, 270:1, by inserting 
after the word "state" in line 9 the words (^vith the exception of any risk 
located outside the state,) so that said paragraph as amended shall read 
as follows: IX. After consultation with, and approval by, the board of 
approval as established by RSA 93:2, purchase liability insurance under 
a fleet policy covering the operation of state owned vehicles, and such 
other insurance and surety bonds as any state department, agency or 
official may now or hereafter be legally authorized to secure, or required 
to furnish; provided that approval shall not be granted for any such in- 
surance or surety bonds unless the same have been negotiated for, are 
procured from and the premium therefor is to be paid to a resident agent 
of an insurance company registered and licensed to do business in this 
state. With the exception of any risk located outside the state no such in- 
surance company or resident agent, personally or by another, shall allow, 
give or pay, directly or indirectly, to any nonresident agent or nonresi- 
dent broker any part of the commission on the sale of such insurance or 
surety bonds. The insurance commissioner may suspend or revoke the 
license of any resident agent or insurance company violating the provi- 
sions hereof. 

123:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



106 Chapter 124 [1967 

CHAPTER 124. 

AX ACT AUTHORIZING VOLUNTARY ADMISSION TO THE LACONIA STATE 

SCHOOL. 

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

124:1 Voluntary Admissions Authorized. Amend RSA 171 as amend- 
ed by 1955, 314:1 by inserting after section 18 the following new section: 
171:18-a Voluntary Commitment. Pursuant to rules and regulations estab- 
lished by the director of the division of mental health, the Laconia state 
school may receive and detain therein as a patient any mentally deficient 
person, Avho voluntarily makes written application therefor on a form 
prescribed by the director, or if such person be under twenty-one years 
of age such written application shall be made by the parent or legal 
guardian or person standing in loco parentis of such person. Any such 
person so received and detained at the Laconia state school shall be sub- 
ject to all of the remaining provisions of this chapter and any other 
statutes applicable thereof. Nothing contained herein shall relieve any 
person legally chargeable from payment for care and custody of any such 
person. 

124:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 125. 

AN ACT PROVIDING FOR WAIVING OF WRITTEN EXAMINATION FOR LICENSE 
AS INSURANCE AGENT IN CERTAIN CASES. 

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

125:1 Insurance Agents. Amend RSA 402 by inserting after section 
18 a new section as follows: 402:18-a Chartered Underwi-iters. Upon 
filing the notice in writing required under sections 16 and 17 of this 
chapter, and upon payment of the fee required under section 24 of this 
chapter, and if the commissioner is satisfied that the applicant is a suit- 
able person and intends to hold himself out in good faith as an insurance 
agent, the commissioner may waive the written examination required 
for an applicant for a license under section 16 of this chapter upon whom 
has been conferred the Chartered Property Casualty Under^sriter 
(C.P.C.U.) designation by The American Institute for Property and Lia- 
bility Underwriters, Inc., and who is a member, in good standing, of The 
Society of Chartered Property and Casualty Underwriters, or upon ^vhom 



1967] Chapter 126 107 

has been conferred the Chartered Life Underwriters (C.L.U.) designation 
by The American College of Life Underwriters and who is a member, in 
good standing, of The American Society of Chartered Life Underwriters. 

125:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 126. 

AN ACT PROVIDING FOR APPOINTMENT OF SUPERVISORS PRO TEM. 

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

126:1 Supervisors of the Check-List. Amend RSA 55 by inserting 
after section 4 (supp) as amended by 1965, 358:3, the following new sec- 
tion: 55:4-a Pro Tern. If more than one member of the board of super- 
visors shall be absent from any election the moderator may appoint a 
supervisor pro tempore who shall be sworn and shall perform the duties 
of supervisor only for the particular election for which he is appointed. 

126:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 127. 

AN ACT RELATIVE TO VALUE OF SHARES OF COOPERATIVE BANKS AND 
BUILDING AND LOAN ASSOCIATIONS. 

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

127:1 Cooperative Banks and Building and Loan Associations. 

Amend RSA 393:7 by striking out the section and inserting in its place 
the following: 393:7 Value of Serial Shares. Serial shares shall be divided 
into shares of an ultimate value of one hundred dollars or multiple there- 
of. However, the ultimate value of the serial shares pledged in amount 
to repay the loan upon maturity shall not exceed a multiple that would 
extend the term of the loan in excess of thirty years. Such shares may be 
issued in quarterly, half-yearly, or yearly series, each series to consist of 
such number of shares as the directors may determine, but no shares of a 
prior series shall be issued until said series shall have been five years in 
force. 



108 Chapter 127 [1967 

127:2 Dues. Amend RSA 393:14 by striking out the section and in- 
serting in its place the following: 393:14 Dues. Any such corporation 
may collect of its installment shareholders monthly dues of one dollar 
upon each share held by them, until the ultimate value of shares reaches 
an amount determined by the board of directors under section 7 of this 
chapter, or until they are withdrawn, cancelled, or forfeited. 

127:3 Loans. Amend RSA 393:17 by striking out the section and in- 
serting in its place the following: 393:17 — Reduction of. With the ap- 
proval of the board of directors, any shares pledged for a real estate loan 
may, at the request of the owner thereof, be cancelled whereupon there 
shall be endorsed on the mortgage note as a credit upon the amount of 
the loan the full value of such shares, less all monthly installments of 
interest, fines, and premium in arrears, unpaid taxes, and an amount not 
in excess of three hundred dollars to be expended for repairs, at the op- 
tion of the directors, any other legal charges and such sum as will leave 
the amount of the loan a multiple of fifty dollars. Such cancellation and 
credit may be made even if the amount of the loan will not thereby be 
reduced as to principal. Thereupon new shares in the current series shall 
be issued to the shareholder in the proportion of one share to each one 
hundred dollars or multiple thereof of the loan then remaining unpaid. 
The new shares issued shall be transferred and pledged to the association 
as security for the amount of the loan remaining unpaid, and the fact 
thereof shall be endorsed upon or attached to the note in the following 
form: 

, 19 

The value of the shares here pledged, less deductions author- 
ized by RSA 393:17, amounting to $ has this day been 

applied as a credit upon this note, leaving a balance due and un- 
paid of $ to secure which shares of series 

have been issued, and are hereby transferred and 

pledged. 

For value received, I or we promise to pay to said corpora- 
tion or its order dollars at or before its monthly meet- 
ing on the of each month hereafter, being the amount 

of the monthly dues on the shares hereby substituted, and of the 

monthly interest and premium upon said balance of $ , 

together with all fines chargeable by the by-laws of said corpora- 
tion upon arrears of such payments until said substituted shares 
shall reach maturity, or otherwise sooner pay to said corporation 

or its order the said balance of $ , with interest, fines, 

and premium as aforesaid. 

Witness, (Signature) 

Approved 



1967] Chapter 127 109 

Treasurer 

Neither the note evidencing the loan nor the mortgage securing the 
same shall be prejudiced by the application of the value and the change 
of shares, notwithstanding the fact that a provision for such application 
and change was not originally made in the note or mortgage, and both 
note and mortgage shall continue to be held by the association as good 
and sufficient security for the balance remaining unpaid. After the ap- 
plication of the value as a credit, the amount of the loan shall forthwith 
be reduced to an equal extent, and the owner shall thereafter be liable 
for only the reduced amount and any arrearages or penalties occasioned 
by his own default. No action under this section shall affect the rights of 
the holder, other than the corporation granting the accommodation, of 
any mortgage recorded prior to May first, 1937, unless the written assent 
of such holder shall be obtained, nor shall any such action affect the rights 
of an original borrower whose note is dated prior to said date, unless his 
written assent shall be obtained. 

127:4 Paid-up Shares. Amend RSA 393:35 (supp) as amended by 
1965, 317:6 by striking out the section and inserting in its place the fol- 
lowing: 393:35 Issue. Associations may issue paid-up shares in denom- 
inations of one hundred dollars or multiples thereof, 

127:5 Value Changed. Amend RSA 393:40 (supp) as amended by 
1955, 139:4 by striking out the section and inserting in its place the fol- 
lowing: 393:40 Single-Payment Shares, Authority to Issue; Value; Rights. 

Such associations may issue single-payment shares of an ultimate value 
of one hundred dollars or multiples thereof. Such single-payment shares 
shall be issued for the consideration of the initial payment only and no 
further payment shall be accepted on account thereof. Profits and divi- 
dends accruing thereon shall be added to the initial payment until the 
value of each share reaches one hundred dollars or a multiple thereof, 
and it shall be paid to the shareholder and the share shall be retired or a 
paid-up share issued therefore under section 35 of this chapter. A holder 
of a single share shall have a right of withdrawal prescribed by sections 
30 and 32 of this chapter subject to the limitations therein set forth but 
such withdrawal must be exercised as to the whole of the value of the 
share at the time of withdrawal. Single-payment shares may be paid off 
at any time at the option of the board of directors provided thirty days' 
notice of the payment date shall have been given to the holder. The said 
notice may not be waived. 

127:6 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



110 Chapter 128 [1967 

CHAPTER 128. 

AN ACT TO EXEMPT PERSONS FROM CIVIL LIABILITY WHEN GIVING 
EMERGENCY CARE. 

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

128:1 Limitation of Actions. Amend RSA 508 by adding a new sec- 
tion at the end of the chapter as follows: 508:12 Emergency Care. If a 
person in good faith renders emergency care at the place of the happen- 
ing of an emergency, without receiving any compensation for the care, 
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 ffood faith and without willful or wan- 
ton negligence, the person who renders the care is not liable in civil dam- 
ages for his acts or omissions in rendering the care, 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. 

128:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 129. 

AN ACT RELATIVE TO LICENSE FEES AND QUALIFICATIONS OF CHIROPRACTORS. 

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

129:1 Fees and Qualifications for Initial License. Amend RSA 316:9 
by striking out in line two the word "twenty-five" and inserting in place 
thereof the word (thirty-five); further amend said section by striking out 
in line nine the words "three years of six months each" and inserting in 
place thereof the following (four thousand hours) so that said section as 
amended shall read as follows: 316:9 Fees; Qualifications. Each appli- 
cant shall pay to the secretary-treasurer a fee of thirty-five dollars, for 
which he shall be entitled to an examination and to a re-examination, if 
necessary, within one year. He shall submit to said board satisfactory evi- 
dence of a high school education, or its equivalent, shall be at least t^venty- 
one years of age, of good moral character, a citizen of the United States 
or a Canadian province in which a like privilege is granted to citizens of 
the United States, and a graduate of a legally chartered or incorporated 
school or college of chiropractic requiring a course of four thousand hours, 
or its equivalent, as a resident student therein. 



1967] Chapter 129 111 

129:2 Number of Classroom Hours. Amend RSA 316:10 by striking 
out said section and inserting in place thereof the following: 316:10 
Further Requirements. Notwithstanding educational requirements of the 
provisions of section 9, any applicant for license to practice chiropractic 
who matriculated in a chiropractic school or college between January 1, 
1951, and January 1, 1968 shall be a graduate of a legally chartered or 
incorporated school of chiropractic requiring for graduation completion 
of a course of study of not less than thirty-six hundred classroom hours 
in four academic years; any applicant for license to practice chiropractic 
who matriculated in a chiropractic school or college after January 1, 1968, 
shall be a graduate of a legally chartered or incorporated school of chiro- 
practic requiring for graduation completion of a course of study of not 
less than four thousand classroom hours in four academic years. 

129:3 Fee for Reciprocal Licenses. Amend RSA 316:15 by striking 
out in line five the word "fifty" and inserting in place thereof the word 
(seventy-five) so that said section as amended shall read as follows: 316:15 
Applicants From Other States. The board may register and license any 
applicant who is legally qualified to practice chiropractic in any other 
state, the requirements of which state as to registration and license are 
equivalent to those in this state. Such applicant shall pay a fee of seventy- 
five dollars. 

129:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 130. 

AN ACT RELATIVE TO FEES FOR RECORDING BUSINESS CORPORATIONS. 

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

130:1 Business Corporations. Amend RSA 294:113 as amended by 
1955, 171:3 by striking out said section and inserting in place thereof the 
following: 294:113 Fee for Record of Organization. The fee for record- 
ing the record of organization required by section 15, including the issu- 
ing by the secretary of state of the certificate of incorporation shall be: 

I. When the authorized capital stock does not exceed fifteen thou- 
sand dollars, thirty dollars. 

II. When the authorized capital stock exceeds fifteen thousand dol- 
lars but does not exceed fifty thousand dollars, fifty dollars. 



112 Chapter 131 [1967 

III. \\' hen the authorized capital stock exceeds fifty thousand dollars 
but does not exceed one hundred fifty thousand dollars, one hundred fifty 
dollars. 

IV. When the authorized capital stock exceeds one hundred fifty 
thousand dollars but does not exceed two hundred fifty thousand dollars, 
tAs'o hundred dollars. 

V. When the authorized capital stock exceeds two hundred fifty 
thousand dollars but does not exceed five hundred thousand dollars, four 
hundred dollars. 

VI. When the authorized capital stock exceeds five hundred thou- 
sand dollars but does not exceed one million dollars, seven hundred fifty 
dollars. 

VII. For each additional one hundred thousand dollars above one 
million dollars, fifty dollars. 

130:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 131. 

AN ACT RATIFYING THE NEW ENGLAND COMPACT ON RADIOLOGICAL HEALTH 

PROTECTION. 

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

131:1 New Chapter. Amend RSA by inserting after chapter 125-A, 
the following new chapter: 

Chapter 125-B 

New England Compact on Radiological Health Protection 

125-B: 1 Compact Ratified. The general court of this state hereby 
ratifies the following compact to become effective at such time as the legis- 
lative bodies of at least two eligible party jurisdictions also ratify it. 

New England Compact on Radiological Health Protection 

Article I. 

Purposes 

The purposes of this compact are to: 

1. Promote the radiological health protection of the public and in- 
dividuals within the party states. 



1967] Chapter 131 113 

2. Provide mutual aid and assistance in radiological health matters 
including, but not limited to, radiation incidents. 

3. Encourage and facilitate the efficient use of personnel and equip- 
ment by furthering the orderly acquisition and sharing of resources useful 
for programs of radiation protection. 

Article II. 

Enactment 

This compact shall become effective -when enacted into laAv by any 
two or more of the states of Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island and Vermont. Thereafter it shall become ef- 
fective with respect to any other aforementioned state upon its enacting 
this compact into law. Any state not mentioned in this article which is 
contiguous to any party state may become a party to this compact by enact- 
ing the same. 

Article III. 
Duties of States 

A. It shall be the duty of each party state to formulate and put into 
effect an intrastate radiation incident plan which is compatible with the 
interstate radiation incident plan formulated pursuant to this compact. 

B. Whenever the compact administrator of a party state requests 
aid from the compact administrator of any other party state pursuant to 
this compact, it shall be the duty of the requested state to render all pos- 
sible aid to the requesting state which is consonant with the maintenance 
of protection of its own people. The compact administrator of a party 
state may delegate any or all of his authority to request aid or respond 
to requests for aid pursuant to this compact to one or more subordinates, 
in order that requests for aid and responses thereto shall not be impeded 
by reason of the absence or unavailability of the compact administrator. 
Any compact administrator making such a delegation shall inform all the 
other compact administrators thereof, and also shall inform them of the 
identity of the subordinate or subordinates to whom the delegation has 
been made. 

C. Each party state shall maintain adequate radiation protection per- 
sonnel and equipment to meet normal demands for radiation protection 
within its borders. 

Article IV. 

Liability 

A. Whenever the officers or employees of any party state are render- 
ing outside aid pursuant to the request of another party state under this 



114 Chapter 131 [1967 

compact, the officers or employees of such state shall, under the direction 
of the authorities of the state to which they are rendering aid, have the 
same poAvers, duties, rights, privileges and immunities as comparable 
officers and employees of the state to which they are rendering aid. 

B. No party state or its officers or employees rendering outside aid 
pursuant to this compact shall be liable on account of any act or omission 
on their part while so engaged, or on account of the maintenance or use 
of any equipment or supplies in connection therewith. 

C. All liability that may arise either under the laws of the requesting 
state or under the laws of the aiding state or under the laws of a third 
state, on account of or in connection with a request for aid, shall be as- 
sumed and borne by the requesting state. 

D. Any party state rendering outside aid to cope with a radiation 
incident shall be reimbursed by the party state receiving such aid for any 
loss or damage to, or expense incurred in the operation of any equipment 
ans^vering a request for aid, and for the cost of all materials, transporta- 
tion and maintenance of officers, employees and equipment incurred in 
connection with such request: provided that nothing herein contained 
shall prevent any assisting party state from assuming such loss, damage, 
expense or other cost or from loaning such equipment or from donating 
such services to the receiving party state without charges or cost. 

E. Each party state shall provide for the payment of compensation 
and death benefits to injured officers and employees and the representa- 
tives of deceased officers and employees in case officers or employees sus- 
tain injuries or are killed while rendering outside aid pursuant to this 
compact, in the same manner and on the same terms as if the injury or 
death were sustained within the state for or in which the officer or em- 
ployee ^s^as regularly employed. 

Article V. 

Facilities, Equipment and Personnel 

A. Whenever a department, agency or officer of a party state respon- 
sible for and having control of facilities or equipment designed for or 
useful in radiation control, radiation research, or any other phase of a 
radiological health program or programs determines that such a facility 
or item of equipment is not being used to its full capacity by such party 
state, or that temporarily it is not needed for current use by such state, 
a department, agency or officer may, upon request of an appropriate de- 
partment, agency or officer of another party state, make such facility or 
item of equipment available for use by such requesting department, 
agency or officer. Unless otherwise required by law, the availability and 
use resulting therefrom may be with or without charge, at the discretion 
of the lending department, agency or officer. Any personal property made 



1967] Chapter 131 115 

available pursuant to this paragraph may be removed to the requesting 
state, but no such property shall be made available, except for a specified 
period and pursuant to written agreement. Except when necessary to 
meet an emergency, no supplies or materials intended to be consumed 
prior to return shall be made available pursuant to this paragraph. 

B. In recognition of the mutual benefits, in addition to those result- 
ing from Article IV, accruing to the party states from the existence and 
flexible use of professional or technical personnel having special skills 
or training related to radiation protection, such personnel may be made 
available to a party state by appropriate departments, agencies and officers 
of other party states: provided that the borrower reimburses such party 
state regularly employing the personnel in question for any cost of mak- 
ing such personnel available, including a prorated share of the salary or 
other compensation of the personnel involved. 

C. Nothing in this Article shall be construed to limit or to modify 
in any way the provisions of Article IV of this compact. 

Article VI. 

Compact Administrators 

Each party state shall have a compact administrator who shall be the 
head of the state agency having principal responsibility for radiation pro- 
tection, and Avho: 

1. Shall coordinate activities pursuant to this compact in and on be- 
half of his state. 

2. Serving jointly with the compact administrators of the other party 
states, shall develop and keep current an interstate radiation incident 
plan; consider such other matters as may be appropriate in connection 
with programs of cooperation in the field of radiation protection and 
allied areas of common interest; and formulate procedures for claims 
and reimbursement under the provisions of Article IV. 

Article VII. 
Other Responsibilities and Activities 

Nothing in this compact shall be construed to: 

1. Authorize or permit any party state to curtail or diminish its 
radiation protection program, equipment, services or facilities. 

2. Limit or restrict the powers of any state ratifying the same to 
provide for the radiological health protection of the public and indi- 
viduals, or to prohibit the enactment or enforcement of state laws, rules 
or regulations intended to provide for such radiological health protection. 



116 Chapter 132 [1967 

3. Affect any existing or future cooperative relationship or arrange- 
ment bet^veen Federal, state or local governments and a party state or 
states. 

Article VIII. 

Withdrawal 

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 writ- 
ing of the withdrawal to the governors of all other party states. No with- 
dra^val shall affect any liability already incurred by or chargeable to a 
party state prior to the time of such withdrawal. 

Article IX. 

Construction and Severability 

It is the legislative intent that the provisions of this compact be rea- 
sonably and liberally construed. The provisions of this compact shall be 
severable and if any phrase, clause, sentence, or provision of this compact 
is declared to be unconstitutional or the applicability thereof, to any state, 
agency, person, or circumstance is held invalid, the constitutionality of 
the remainder of this compact and the applicability thereof, to any other 
state, agency, person or circumstance shall not be affected thereby. 

125-B:2 State Agency. The state radiation control agency shall 
formulate and keep current a radiation incident plan for this state, in 
accordance with the duty assumed pursuant to Article III (a) of this 
compact. 

125-B:3 Compact Administrator. The compact administrator for this 
state, as required by Article VI of the compact, shall be the director of 
the state radiation control agency. 

131:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 132. 

AN ACT REPEALING CERTAIN OBSOLETE PROVISIONS OF THE LAWS RELATING 

TO THE SUPERIOR COURT. 

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

132:1 Condemnation. Amend RSA 26:2 by striking out the uords 
"or any justice thereof" in line three, so the section as amended \\\\\ read 



1967] Chapter 132 117 

as follows: 26:2 Appeals. Any person aggrieved by such location or as- 
sessment of damages may appeal to the superior court by petition within 
sixty days after the return is filed. The court, on application of any in- 
terested party, may designate in what county the petition relating to such 
location shall be tried, and the clerk shall transmit the petition to the 
clerk of court for the county so designated. Any petition made after such 
designation may be originally filed in the county designated. 

132:2 Claims Against County. Amend RSA 28:14 by striking out 
the 'tvords "court or the justices thereof are" in lines two and three and 
inserting in place thereof the words (superior court is) so the section as 
amended shall read as follows: 28:14 Allowance. They shall audit and 
allow all claims against or in favor of the county, excepting those which 
the superior court is authorized by law to adjust and allow. 

132:3 County Officers. Amend RSA 64:6 by striking out the words 
"or any justice thereof in vacation" in line one so the section as amended 
shall read as follows: 64:6 Contest. The superior court may, on the 
petition of any candidate interested in the contest for any county office, 
find the facts relating to the election as ^vell before the term of such 
office begins as after; and any question of law arising upon exception 
may be heard by the supreme court. The superior court shall issue a cer- 
tificate of election to the candidate who is found on such proceeding to 
be elected, and the person receiving such certificate shall assume and dis- 
charge the duties of the office. 

132:4 Insane Persons. Amend RSA 135:17, as amended by 1961, 
222:1 and 1963, 39:2, by striking out the words "any justice of the" in 
line three and inserting in place thereof the words (the superior); fur- 
ther amend the section by striking out the word "justice" in line four and 
inserting in place thereof the word (court) and further amend said sec- 
tion by striking out the ^vords "in term time or vacation" in line six, so 
the section as amended shall read as follows: 135:17 Commitment for 
Observation. When a person is indicted for any offense, or is committed 
to jail on any criminal charge 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 observed by him until further order of the court, or un- 
til such person shall have been ordered discharged from the hospital by 
the director of the division of mental health upon a report to him by 
the superintendent that such person is not insane. 

132:5 Release. Amend RSA 135:29 by striking out the words "or 
any justice thereof" in line one, and the words "in term or vacation" in 
line two and the words "or justice" in line four, so the section as amended 
will read as follows: 135:29 Parole. The superior court may, with or 



118 Chapter 132 [1967 

Avithoiit notice, on due cause sho^vn, parole any person committed to 
the hospital upon such terms and conditions as justice may require; and 
said court may at any time thereafter, on due cause shown, revoke said 
parole and order said person returned to said hospital under the original 
commitment. 

132:6 Detention. Amend RSA 135:30 by striking out the words "or 
any justice thereof" in lines one and two, so the section as amended will 
read as folloAvs: 135:30 Investigation of Detention. The superior court 
shall at any time, with or without notice, upon application and due cause 
shown, investigate the question whether there is sufficient reason for the 
detention in said hospital of any person who has been committed thereto, 
and shall order his discharge, when such order ought to be made, with- 
out the formality of a writ. 

132:7 Abandonment. Amend RSA 148:30, as amended by 1961, 
222:1, by striking out the words "in term time or vacation" in lines three 
and four so the section as amended shall read as follows: 148:30 Appeal. 
In case said division shall require the abandonment of any such emer- 
gency source the person, corporation or association aggrieved thereby 
shall have an appeal to the superior court, said appeal to be taken within 
thirty days from the receipt of the order from said division, and said 
court may make such order thereon as justice may require. 

132:8 Town By-laws. Amend 155:5 by striking out the words "any 
justice of the court, in term time or vacation" in lines two and three and 
inserting in place thereof the words (the court) so the section as amended 
shall read as follows: 155:5 — Appeal from Orders. Every person ag- 
grieved by any decision of such inspectors may appeal therefrom to the 
superior court. The court, upon reasonable notice, may inquire into the 
facts by a committee or otherwise and affirm or overrule the order ap- 
pealed from, and may make such further orders as justice may require. 

132:9 Building Plan. Amend RSA 156:4-c as inserted by 1959, 
205:1 by striking out the words "either in term time or vacation" in lines 
five and six, so the section as amended shall read as folloAvs: 156:4-c 
Appeal. Any person aggrieved by a decision of the building inspector 
in the case where no board of appeal or board of adjustment acting as a 
board of appeal exist; or any person aggrieved by a decision of said board 
of appeal, or by any board of adjustment acting as a board of appeal, 
may appeal to the superior court for the county and said court shall make 
such orders as justice may require. 

132:10 Bastardy. Amend RSA 168:10 by striking out the words 
"any justice of" in line three and the words "in term time or vacation" 
in line four, and further amend said section by striking out the word "he" 
in line five and inserting in place thereof the words (the court) so the 
section as amended shall read as follows: 168:10 Discharge From Im- 



1967] Chapter 132 119 

prisonment. If any person committed to prison by virtue of this chapter 
is poor, and unable to pay such sum, or to procure such security as may 
be ordered, the superior court upon application may discharge such per- 
son from imprisonment, at such time and upon such terms as the court 
thinks expedient. 

132:11 Dissenting Stockliolders. Amend RSA 367:27 by striking out 
the Avords "any justice of" in line seven and the ^vords "in term time or 
vacation" in line eio-ht, so the section as amended will read as follows: 
367:27 Petition for Relief. If any stockholder in a railroad corporation 
which has voted to build an extension or branch, or which has become 
a party to a lease or to a contract of union under the provisions of this 
chapter, shall dissent from the building of such extension or branch, or 
from such lease or union, the corporation in ^vhich he is a stockholder 
in the case of buildinsf an extension or branch, or of a lease, or the new 
corporation in case of union, may apply by petition to the superior court, 
setting forth the action of the corporation in respect to the matter dis- 
sented from, the names and residences of all the stockholders of the peti- 
tioning corporation, so far as known, designating those who have as- 
sented to the action taken, those who have dissented therefrom, and those 
who have not expressed their assent or dissent, and praying that the 
court may determine the value of the stock, interest or property right 
taken of dissenting stockholders, or of any stockholder '^vho may be en- 
titled to have the value of his stock, interest of property right taken, de- 
termined, and for such other relief as the petitioner may desire. 

132:12 Publication. Amend RSA 367:28 by striking out the words 
"such justice" in line one and inserting in place thereof the words (the 
court), further amend the section by striking out the ^vords "in term time 
or vacation" in line t^v^o; and further amend by striking out the word 
"justice" in line four and inserting in its place the ^vord (court) so the 
section as amended will read as follows: 367:28 Notice. The court shall 
fix a time and place for a hearing upon the petition, and shall order 
the petitioner to give notice thereof by publishing the petition, or the 
substance of it (not including the names of stockholders), in such news- 
papers as the court may order, and by mailing post paid to each nonas- 
senting stockholder whose name and residence is known a copy of the 
petition and order (not including the names of stockholders), at least 
fourteen days before the day of hearing. 

132:13 Payment. Amend RSA 367:34 by striking out the words "any 
justice of" in line three and the words "in term time or vacation" in line 
four, so the section as amended will read as follows: 367:34 — Effect. 
Whenever the petitioner has made such payment or tender and deposit, 
the stock, interest or property right of the stockholder shall become the 
property of the petitioner, and the court may make and enforce such or- 
ders as may be necessary to secure the same to the petitioner. 



120 Chapter 132 [1967 

132:14 Possession of Property. Amend RSA 367:35 by striking out 
the ^^^ords "any justice of the" in line five and inserting in place thereof 
the words (the superior), and further amend the section by striking out 
the words "in term time or vacation" in line six so the section as amended 
■will read as folloAvs: 367:35 Perfecting Title. Whenever the petitioner 
has made payment or tender and deposit of all sums thus awarded, the 
lessee corporation, or the new corporation, as the case may be, shall be- 
come possessed and seized of the property, franchises and rights named 
in the contract of lease or union, in accordance with the terms thereof 
and the superior court may make and enforce any orders that may be 
necessary to perfect the title. 

132:15 Bank Consolidation. Amend RSA 388:1 by striking out the 
words "or to any justice of said court in vacation" in lines six and seven, 
so the section as amended will read as follows: 388:1 Petition. Any mu- 
tual savings bank incorporated under the laws of this state, or a majority 
of the members of such corporation, and any trust or banking company, 
or any other savings bank, incorporated under the laws of this state, or 
a majority of the members or the holders of a majority of the stock there- 
of, may apply by petition to the superior court in the county in which 
either of said petitioning corporations is located for a decree authorizing 
a union of said savings bank, said trust or banking company or part 
thereof, said other savings bank, a national bank or any such corporation 
to be organized for consolidating the petitioning institutions, and the 
dissolution of such of them as are to be liquidated in the consolidation. 

132:16 Liquidation. Amend RSA 395:5 by striking out the words 
"or any justice thereof" in line six, so the section as amended will read 
as follows: 395:5 Commissioner's Duties. Upon taking possession of the 
property and business of any institution to which this chapter applies, 
the commissioner shall have authority to collect money due the institu- 
tion and to do such other acts as are necessary to conserve its assets and 
business. He shall collect all debts due and claims belonging to it, and, 
upon the order of the superior court, may sell or compound all bad or 
doubtful debts; and on like order may sell all or any part of the real and 
personal property of the institution on such terms as the court shall direct. 

132:17 Domestic Life Insurance Companies. Amend RSA 411:21 
by striking out the words "or to a justice of said court" in line five, so 
the section as amended will read as follows: 411:21 Application for Re- 
ceiver. If it appears to him that the assets of such company are less than 
its liabilities, exclusive of capital stock, he may communicate the facts to 
the attorney-general, who may apply to the superior court in the coimty 
where the principal office of said company is located for a receiver of 
said company. 

132:18 Divorce. Amend RSA 458:16 (supp) as amended by 1955, 
262:3, by striking out the words "or any justice thereof" in line two so 



1967] Chapter 132 121 

the section as amended will read as follows: 458:16 Temporary Orders. 
After the filing of a libel for divorce, annulment or a decree of nullity, 
the superior court may restrain either party from imposing any restraint 
upon the person or liberty of the other, or from entering the tenement 
wherein the other resides during the pendency of the libel and, during 
such pendency, may order a temporary allowance to be paid for the sup- 
port of the other, and may make such orders respecting the custody and 
maintenance of the minor children of the parties as shall be deemed ex- 
pedient and for the benefit of the children. 

132:19 Injunction. Amend RSA 460:16 by striking out the words 
"or a justice thereof" in line two, so the section as amended will read as 
follows: 460:16 Guardiansliip, etc. Upon her application, a guardian 
may be appointed for the child, and the superior court may issue an in- 
junction restraining the father and all other persons from removing the 
child from this state against the consent of the mother, and may make 
such further orders and decrees as shall secure to her or to the guardian 
the custody of the child. 

132:20 Custody of Child. Amend RSA 460:21 by striking out the 
words "or a justice thereof", in line two so the section as amended will 
read as follows: 460:21 Guardianship, Etc. Upon his application, a 
guardian may be appointed for the child, and the superior court may 
issue an injunction restraining the mother and all other persons from 
removing the child from this state against the consent of the father, and 
may make such further orders and decrees as shall secure to him or to 
the guardian the custody of the child. 

132:21 Exceptions. Amend RSA 491:17 by striking out the words 
"or by any justice of the court at any time" in line five, so the section as 
amended will read as follows: 491:17 Transfer of Cases. Questions aris- 
ing upon exceptions, upon a special verdict, an issue of law, motion for 
a new trial or in arrest of judgment, or other motion or proceeding, or 
upon a statement of facts agreed to and signed by the parties, may be re- 
served and transferred by the presiding justice, if he think fit, for the 
determination of the supreme court. 

132:22 Equity Powers. Amend RSA 498:12 by striking out the words 
"a justice, in term time or vacation" in lines four and five and inserting 
in place thereof the words (the superior court), so the section as amended 
will read as follows: 498:12 Interlocutory Orders. The appointment of 
commissioners and receivers, the reference of questions to masters, grant- 
ing writs of injunction to stay proceedings or waste, making interlocu- 
tory decrees or orders and other incidental proceedings, may be had and 
done by the superior court in any county; but injunctions so issued shall 
continue unless sooner dissolved, only until the end of the next term for 
the county in which the proceedings are pending. 



122 Chapter 132 [1967 

132:23 Attacliinent. Amend RSA 498:21 by striking out the words 
"or any justice thereof" in lines tAvo and three, so the section as amended 
^vill read as follows: 498:21 Modification, or Discliarge of Lien. Any 
lien acquired by proceedings in equity may be released, discharged or 
modified by tlie court in such manner and upon such terms as justice may 
require. 

132:24 Release of Attachment. Amend RSA 51 1:48 (supp) as amend- 
ed by 1961, 100:1, by striking out the words "a justice of" in lines two 
and three, and further amend the section by striking out the word 
"justice" in line four and inserting in place thereof the word (court) so 
the section as amended will read as follows: 511:48 Petition; Bond. A 
defendant ^vliose interest in real estate is attached on mesne process may 
apply by a petition in writing to the superior court to have the attach- 
ment released, and upon reasonable notice to all parties interested, or 
their attorneys, and hearing, the court may order the petitioner to give 
bond to the plaintiff, with sufficient sureties, conditioned to pay the 
judgment which may be recovered by the plaintiff, with his costs on such 
petition, ^vithin sixty days after judgment. 

132:25 Additional Attachment. Amend RSA 511:60 by striking out 
said section and inserting in place thereof the following: 511:60 On 
Order of Court. After such notice to the defendant as the superior court 
may order, upon being satisfied that new or additional security for the 
enforcement of any judgment or decree that may be made in behalf of 
the plaintiff is reasonably necessary, the court may, upon such terms as 
justice may require, make an order permitting new or additional attach- 
ments or trustee process to be made after the service of the writ or peti- 
tion upon the defendant, within such time as the court may limit. 

132:26 Trustee Process. Amend RSA 512:40 by striking out the 
words "or to a justice thereof in vacation" in lines t^vo and three, and 
further amend the section by striking out the words "or justice" in line 
three and also in lines nine and ten, so the section as amended ^vill read 
as follows: 512:40 Bond. A defendant whose rights, credits or other 
things are attached upon trustee process may apply to the court for a 
release of the attachment. The court after reasonable notice to the parties, 
may order the petitioner to give to the plaintiff a sufficient bond, condi- 
tioned to pay the plaintiff, within thirty days after judgment, any sum, 
and the value of any specific articles, ^vith which the trustee is chargeable, 
not exceeding the amount of the plaintiff's judgment. The giving of such 
bond shall operate as a release of the attachment. The value of such 
specific articles shall be estimated by the court, or under their direction. 

132:27 Discharge from Arrest. Amend RSA 513:12 by striking out 
the -words "a justice of" and the words "in term time or vacation" in lines 
three and four, and further amend the section by striking out the Avord 



1967] Chapter 132 123 

"justice" in line five and inserting in place thereof the word (court), so 
the section as amended will read as follows: 513:12 Petition to Court. 
Any person arrested or committed to jail on mesne process in an action 
of tort, or any mentally incompetent person arrested or committed to jail 
on civil process, may apply by petition to the superior court praying for 
his release, and the court, after notice to the plaintiff and a hearing, may 
discharge such person from arrest upon such terms and conditions as 
justice may require. 

132:28 Arrest and Bail. Amend RSA 513:14 by striking out the 
words "or any justice thereof" in line two, so the section as amended will 
read as follows: 513:14 Capias on Motion. If no sufficient attachment 
has been made in a suit, and there is no sufficient bail, the court upon 
motion and satisfactory evidence that the defendant intends to leave the 
state, may order a capias to issue, on which the defendant may be arrested 
and held to bail as on an original writ. 

132:29 Depositions. Amend RSA 517:15 by striking out the word 
"to" in line one, and the words "any justice thereof, either in term time 
or vacation" in lines one and two, so the section as amended will read 
as follows: 517:15 Appointment. Upon petition the superior court may 
appoint some suitable person as commissioner to take depositions out- 
side this state, for use in causes pending in or returnable to said court. 

132:30 Referees. Amend RSA 519:9 by striking out the words "or 
any justice thereof in vacation" in lines one and two, so the section as 
amended will read as follows: 519:9 Appointment. The superior court 
with the consent of the parties shall, and without the consent of the 
parties may, commit to one or more referees any cause at law or in equity, 
or the determination of any question of fact pending in court wherein 
the parties are not, as matter of right, entitled to a trial by jury; and 
with the consent of the parties shall so commit any other cause or the 
determination of any other question of fact. 

132:31 Judgment. Amend RSA 524:9 by striking out the words "or 
any justice in vacation" in line one, so the section as amended will read 
as follows: 524:9 Copy of Note. The court may allow a copy of a note 
or other instrument to be filed in a suit for the purpose of rendering 
judgment thereon. 

132:32 Costs Allowed. Amend RSA 525:2 by striking out the words 
"a justice of" and the words "in vacation or term time" in lines two and 
three, so the section as amended will read as follows: 525:2 Injunctions, 
etc. On a petition for an injunction, the appointment of a receiver or 
other temporary or provisional order, before the superior court, costs 
may be allowed as in other judicial proceedings. 

132:33 Imprisonment. Amend RSA 531:12 by striking out the words 
"or a justice thereof" in lines three and four, so the section as amended 



124 Chapter 132 [1967 

^vill read as follows: 531:12 Defendant's Liability, Torts, etc. Any per- 
son so committed in actions of trespass, case or for bastardy shall be de- 
tained for nonpayment of prison charges until released by order of the 
superior court. 

132:34 Hearing. Amend RSA 544:6 by striking out the woids "or 
a justice thereof" in lines two and three, so the section as amended will 
read as follo^vs: 544:6 Temporary Injunction. After such filing, appli- 
cation for a temporary injunction may be made to the superior court, 
who shall grant a hearing thereon within ten days thereafter. 

132:35 Restraining Order. Amend RSA 544:7 by striking out the 
Avords "or justice" in line two and in line six, so the section as amended 
will read as follows: 544:7 — Ex Parte Order. Where such application 
for a temporary injunction has been made the court may, on application 
of the complainant, issue an ex parte order restraining the defendants 
and all other persons from removing or in any manner interfering ^vith 
the personal property and contents of the place where such nuisance is 
alleged to exist until the decision of the court granting or refusing such 
injunction and until the further order of the court. 

132:36 Special Administrator. Amend RSA 553:24 by striking out 
the words "in term time, or any justice thereof in vacation" in lines three 
and four, so the section as amended will read as follows: 553:24 Effect of 
Appeal. No appeal from the appointment of a special administrator shall 
suspend his duties; but in case his bond is alleged by a party interested 
to be insufficient, the superior court, upon summary proceedings, shall 
have power to order a new bond and an absolute or qualified stay of pro- 
ceedings until the order is complied with. 

132:37 Unlawful Business. Amend RSA 577:27 by striking out the 
word "solicitor" in line three and inserting in place thereof the ^vord 
(attorney) and further amend the section by striking out the words "or 
any justice thereof" in line three, so the section as amended will read as 
follows: 577:27 Injunctions. When a prosecution is commenced for the 
violation of any of the provisions of this subdivision the attorney-general 
or county attorney may petition the superior court to enjoin the carrying 
on of such unlawful business in the place where a complaint, informa- 
tion, or indictment charges that it has been conducted. 

132:38 Form of Recognizance. Amend RSA 597:26 by striking out 
the words "or justice" in line two so the section as amended will read as 
follows: 597:26 Variations. Recognizances may be taken in any other 
form which the court, considering the circumstances of the case, may 
direct or allow. 

132:39 Discharge of Sureties. Amend RSA 597:28 by striking out 
the ^vords "in vacation" in line one and further amend the section by 
striking out the word "solicitor" in line seven and inserting in place there- 



1967] Chapter 132 125 

of the word (attorney) so the section as amended will read as follows: 
597:28 Surrender, to Jailer. Sureties may be discharged before forfeiture 
of the recognizance, by committing the principal to the jail of the county, 
by leaving with the jailer a certified copy of the order to recognize and 
of the names of the bail, and a certificate of the bail thereon that they 
have committed the principal in discharge of their liability as bail, and 
by giving written notice thereof to the attorney-general or county at- 
torney. 

132:40 Recognizance. Amend RSA 597:29 by striking out the words 
"or justice" in line five so the section as amended will read as follows: 
597:29 Jailer's Authority; New Bail. The copies and certificates afore- 
said shall be sufficient authority for the keeper of the jail to detain the 
party committed until he shall be discharged by due order of law; and 
the accused may be again recognized with sureties, agreeably to the orig- 
inal order of the court requiring such recognizance. 

132:41 Failure to Appear. Amend RSA 597:37 by striking out the 
words "or justice" in line one and also in lines two and three, so the sec- 
tion as amended will read as follows: 597:37 Bench Warrants. Any court 
may issue a warrant for the arrest of a person under recognizance to ap- 
pear before the court, who fails to appear according to the condition 
thereof, or of any person who, being party to a criminal proceeding, is, 
by escape or otherwise, improperly at large. 

132:42 Discharge of Prisoner Unable to Procure Bail. Amend RSA 
597:39 by striking out the words "or any justice thereof" in line one, and 
further amend the section by striking out the ^vord "solicitor" in line two 
and inserting in place thereof the words (county attorney) so the section 
as amended will read as follows: 597:39 Procedure. The court, upon 
petition and notice to the county attorney, prosecutor or party interested, 
may order the discharge of any person imprisoned for inability to find 
sureties in a recognizance, upon such terms as may be deemed just. 

132:43 County Jails. Amend RSA 619:3 by striking out the words 
"any justice of" and the words "either in term time or in vacation" in 
lines one and t^vo, and by striking out the words "to be designated by 
said justice" in lines four and five, so the section as amended will read 
as follows: 619:3 Removal of Prisoners on Closing. Whenever a jail is 
closed the superior court may thereupon order the prisoners then con- 
fined in such jail to be removed therefrom to some other jail in the same 
or another county as a substitute for the jail so closed, there to be de- 
tained, in the same manner and by the same process as in the jail from 
which they ^vere so removed, until again removed by like process or dis- 
charged according by law. 

132:44 Repeal. RSA 513:13, hearing by justices, is hereby repealed. 



126 Chapter 133 [1967 

132:45 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 133. 

AN ACT TRANSFERRING THE CERTIFYING AUTHORITY FOR ADMISSION TO LA- 

CONIA STATE SCHOOL FROM THE NEW HAMPSHIRE CHILD GUIDANCE 

CLINIC TO THE LACONIA STATE SCHOOL. 

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

133:1 Transfer of Certifying Authority for Admission to Laconia 
State School. Amend RSA 171:13 as amended by 1955, 314:1, by striking 
the words "mental hygiene clinic" in lines three and four and inserting 
in place thereof the words (Laconia state school) and by striking the word 
"clinic" in line eight and inserting in place thereof the word (school) so 
that said section as amended shall read as follows: 171:13 Committals. 
Any petition for the committal of any person to the Laconia state school 
shall be referred by the judge of probate to the Laconia state school, or 
a suitable and adequate agency approved by the Laconia state school, for 
study, report and recommendation, prior to hearing. Upon the finding 
that such person is a suitable subject for said institution, such person may 
be committed to said school by an order of commitment, directed to the 
superintendent, accompanied by a certified copy of the report prepared 
and executed by said school. 

133:2 Application to Committals by Municipal Courts. Amend 
RSA 171:17 as amended by 1955, 314:1, by striking the words "mental 
hygiene clinic" in line three and inserting in place thereof the words 
(said school) so that said section as amended shall read as follows: 171:17 
Committals by Municipal Courts. Municipal courts may commit to the 
said school, under the provisions of RSA 169:18, provided that said per- 
son has been referred to the said school as in the case of committals by 
the judge of probate under section 13 hereof. 

133:3 Application to Committals by Superior Courts. Amend RSA 
171:18 as amended by 1955, 314:1 and 1961, 222:1 by striking the words 
"mental hygiene clinic" in lines four and five and inserting in place there- 
of the words (Laconia state school) so that said section as amended shall 
read as follows: 171:18 Committals by Superior Courts. Whenever, in 
any proceeding before the superior court, it shall appear that any re- 
spondent or any person being examined as provided by RSA 173:4, is 
mentally deficient, the justice thereof may require an examination of said 
person by the Laconia state school as provided in section 13 hereof. Upon 



1967] Chapter 134 127 

a finding tliat said person is a fit subject for said school, the justice may 
issue an order of commitment directed to the superintendent thereof and 
to the director of the division of mental health, department of health 
and welfare. The court shall have continuing jurisdiction and may alter 
or amend such order of commitment as may be necessary. Nothino- con- 
tained herein shall relieve any person legally chargeable from payment 
for care and custody of said person. 

133:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 19, 1967.] 
[Effective date July 18, 1967.] 



CHAPTER 134. 

AN ACT ESTABLISHING THE NEW HAMPSHIRE RETIREMENT SYSTEM. 

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

134:1 Retirement System Established. Amend RSA by inserting 
after chapter 100 the following new chapter: 

CHAPTER 100- A 

NEW HAMPSHIRE RETIREMENT SYSTEM 

100-A:1 Definitions. The following words and phrases as used in 
this chapter, unless a different meaning is plainly required by the context, 
shall have the following meanings: 

I. "Retirement system" shall mean the New Hampshire Retirement 
System as defined in section 2. 

II. "Board of trustees" or "board" shall mean the board provided for 
in section 14. 

III. "State" shall mean the state of New Hampshire. 

IV. "Employer" shall mean (a) the state or any department, com- 
mission, institution or agency of the state government by which an em- 
ployee is paid through the office of the state treasurer with respect to 
their employees, (b) the state, the local school district or other employers 
of teachers eligible for membership in the system with respect to the 
teachers in their employ, (c) any police department or police force of 
the state, or of any county, city, town, village or precinct in the state with 
respect to the permanent policemen in their employ, and (d) any fire 
department of the state, or of any county, city, town, village or precinct 
in the state "with respect to the permanent firemen in their employ. 



128 Chapter 134 [1967 

V. "Employee" shall mean any regular classified or unclassified 
officer or employee of the state or any department, commission, institu- 
tion or agency of the state government by which an employee is paid 
through the office of the state treasurer, except members and attaches of 
the general court or members of the executive council. It shall also mean 
any employee of any of the groups authorized to participate in the state 
employees retirement system pursuant to the provisions of RSA 100:46 
to 63 inclusive. In all cases of doubt the board of trustees shall determine 
whether any person is an employee as defined herein. 

VI. "Teacher" shall mean any regular or special teacher, principal, 
supervisor or administrator, librarian or other member of the teaching 
or professional staff engaged in the service of the public elementary and 
secondary schools located within the state and supported by and under 
the control of the state, the local school district, or other employers of 
teachers eligible for membership in the system. In all cases of doubt the 
board of trustees shall determine whether any person is a teacher as here- 
in defined. 

VII. "Permanent policeman" shall mean any person, male or fe- 
male, who is a chief, deputy chief, marshal, deputy marshal, colonel, 
major, captain, lieutenant, sergeant, officer of other rank, inspector, chief 
clerk, clerk, radio dispatcher, radio engineer or operator, patrolman, 
trooper, detective, investigator, mechanic, electrician, laboratory worker 
or other technical expert regularly employed on full time duty by a po- 
lice department or police force of the state, or of any county, city, town, 
village or precinct in the state. In all cases of doubt the board of trustees 
shall determine whether any person is a permanent policeman as defined 
herein. 

VIII. "Permanent fireman" shall mean a private fireman or officer 
regularly employed on full time duty by any fire department of the state 
or of any county, city, town, village or precinct of the state. "Officer" 
for purposes of this definition shall include any chief, deputy chief, cap- 
tain, lieutenant, foreman so employed, or other technical expert regu- 
larly employed on full time duty. In all cases of doubt the board of 
trustees shall determine whether any person is a permanent fireman as 
defined herein. 

IX. "Call fireman" shall mean a fireman not regularly employed by 
a fire department, but answering for duty only to fire alarms. 

X. "Member" shall mean any person included in the membership 
of the retirement system, as provided in section 3. 

(a) "Group I members" shall mean employees and teachers. 

(b) "Group II members" shall mean permanent policemen and per- 
manent firemen. 



1967] Chapter 134 129 

XI. "Beneficiary" shall mean any person receiving a retirement al- 
lowance or other benefit as provided herein. 

XII. "Widow" shall mean also widowers. 

XIII. "Service" shall mean service as an employee, a teacher, a per- 
manent policeman or a permanent fireman which is paid for by an em- 
ployer. 

XIV. "Membership service" shall mean service rendered while a 
member of the retirement system. 

XV. "Prior service" shall mean service rendered prior to the date 
of membership in the retirement system for which credit was given under 
the terms of one or more of the predecessor systems as set forth in sec- 
tion 4. 

XVI. "Creditable service" shall mean prior service plus member- 
ship service, as provided in section 4. 

XVII. "Earnable compensation" shall mean the full base rate of 
compensation paid to an employee, teacher, permanent policeman or 
permanent fireman, plus, in the case of teachers, such additional amounts 
as may be paid for extra-curricular educational activities or cost-of-living 
bonus. In cases where compensation includes maintenance the board of 
trustees shall fix the value of that part of the compensation not paid in 
money. Notwithstanding the foregoing, in the case of employees or teach- 
ers, the earnable compensation of a member whose compensation is re- 
duced for any reason shall, at the election of the employee or teacher 
made at the time of such reduction, be deemed for the purposes of the 
retirement system to be continued at the higher rate. Such election shall 
be irrevocable. 

XVIII. "Average final compensation" shall mean the average annual 
earnable compensation of a member during his highest five years of cred- 
itable service, or during all of the years in his creditable service if less 
than five years. 

XIX. "Accumulated contributions" shall mean the sum of all the 
amounts deducted from the compensation of a member together with 
any amount transferred to the account of the member established pur- 
suant to this system from the respective account of said member under 
one or more of the predecessor systems, with interest thereon, as provided 
in paragraph II of section 16. 

XX. "Member annuity" shall mean annual payments for life de- 
rived from the accumulated contributions of the member. 

XXI. "State annuity" shall mean annual payments for life derived 
from contributions by an employer. 



130 Chapter 134 [1967 

XXII. "Retirement allowance" shall mean the sum of the member 
annuity and the state annuity. All retirement allowances shall be payable 
in equal monthly installments which shall cease with the last monthly 
payment prior to death, unless otherwise specifically provided for herein; 
provided, hoAvever, that if the retirement allowance is less than ten dol- 
lars per month, it may be paid, at the discretion of the board of trustees, 
in quarterly or semi-annual installments due at the midpoint of such 
period, or in a lump sum of equivalent actuarial value. 

XXIII. "Retirement" shall mean withdrawal from active service 
with a retirement allowance granted under the provisions hereof. 

XXIV. "Regular interest" shall mean interest at such rate or rates 
compounded annually as may be set from time to time by the board of 
trustees in accordance with paragraph VIII of section 14. 

XXV. "Actuarial equivalent" shall mean a benefit of equal value 
when computed at regular interest upon the basis of the mortality tables 
last adopted by the board of trustees. 

XXVI. "Primary insurance amount" shall mean the amount which 
a group I retired member may be entitled to receive as a primary insur- 
ance amount under Title II of the Social Security Act, as now in effect 
or as hereafter amended, even though such amount or any part thereof 
is not actually received by such retired member because of his failure to 
make application therefor, or because of his having rendered service dur- 
ing the period for ^vhich such benefit would otherwise be payable, or for 
any other reason. 

XXVII. "Survivor's insurance benefit" shall mean the amount pay- 
able under Title II of the Social Security Act as now in effect or as here- 
after amended, to any person or persons on account of the death of the 
group I member, even though such amount or any part thereof is not 
actually received by such person because of his failure to make applica- 
tion therefor, or because of his having rendered service during the period 
for ^vhich such benefit would otherwise be payable, or for any other 
reason. 

XXVIII. "Predecessor system" shall mean, where applicable, the 
Employees' Retirement System of the State of New Hampshire, the New 
Hampshire Teachers' Retirement System, the New Hampshire Police- 
men's Retirement System, and the New Hampshire Permanent Firemen's 
Retirement System, any one of them, or any combination thereof. 

100-A:2 Name and Date of Establishment. The retirement system 
hereby created shall be established as of July 1, 1967. It shall have the 
powers, privileges and immunities of a corporation, and shall be known 
as the New Hampshire Retirement System, and by such name all of its 
business shall be transacted, all of its funds invested, and all of its cash. 



1967] Chapter 134 131 

securities and other property held in trust for the purpose for which 
received. 

100- A: 3 Membership. 

I. Any person who becomes an employee, teacher, permanent po- 
liceman or permanent fireman after the date of establishment shall be- 
come a member of the retirement system as a condition of employment; 
except that membership shall be optional in the case of elected officials 
or officials appointed for fixed terms. 

II. Any person who was a member of or participant in one of the 
predecessor systems immediately preceding the date of establishment may 
become a member: (1) as of January 1, 1968 provided that on or before 
November 30, 1967 he shall have filed with the board of trustees, on a 
form prescribed by said board, a notice of his election to become a mem- 
ber of the retirement system; or, (2) as of July 1, 1968 provided that on 
or before May 1, 1968 he shall have filed as provided above. Such election, 
when filed, shall be irrevocable. 

III. The board of trustees may, in its discretion, accept as members 
any class of employees, teachers, permanent policemen or permanent 
firemen whose compensation is only partly paid by an employer or Tvho 
are serving on a temporary or other than per annum basis, and it may 
also, in its discretion, make optional with employees, teachers, perma- 
nent policemen or permanent firemen in any such class their individual 
entrance into membership. 

IV. The board of trustees shall require from any employer of em- 
ployees, teachers, permanent policemen or permanent firemen covered 
by the retirement system such information relative to name, title, com- 
pensation, date of birth and length of service of each of its employees, 
teachers, permanent policemen and permanent firemen as the board may 
deem necessary. 

V. A member shall cease to be a member if (a) he is absent from 
service more than six years in any period of seven consecutive years after 
last becoming a member; (b) he withdraws his accumulated contribu- 
tions; or (c) he becomes a beneficiary or dies. Notwithstanding the fore- 
going, the board of trustees shall continue the membership of a member 
while in the armed forces of the United States provided such member 
does not withdraw his accumulated contributions. 

100-A:4 Creditable Service. 

I. With respect to service rendered prior to the date of membership, 
each employee, teacher, permanent policeman or permanent fireman who 
elects, pursuant to paragraph II of section 3 to become a member of the 
retirement system as of January 1, 1968 or July 1, 1968, shall have in- 



132 Chapter 134 [1967 

eluded as creditable service hereunder all service credited to him under 
the terms of one or more of the predecessor systems, provided his mem- 
bership continues unbroken until his retirement. Should the employee, 
teacher, permanent policeman or permanent fireman whose membership 
is broken again become a member, he shall enter the retirement system 
as a member not entitled to such prior service credit, except as provided 
in section 7. 

II. Creditable service at retirement on which the retirement allow- 
ance of a member shall be based shall consist of his membership service 
since he became a member or since he last became a member in the event 
of a break in membership, and the prior service, if any, which is credited 
to him under paragraph I. 

III. The board shall fix and determine by appropriate rules and 
regulations how much service in any year is equivalent to one year of 
service, but in no case shall it allow credit for a period of absence with- 
out pay of more than a month's duration, nor shall more than one year 
of service be creditable for all service in a calendar year. Service ren- 
dered for the full normal working time in any year shall be equivalent 
to one year's service. 

IV. Any employee, teacher, permanent policeman or permanent 
fireman who after the date of establishment terminated his employment 
in order to enter directly into the armed forces of the United States or 
other emergency wartime service of the United States approved by the 
board of trustees, shall be entitled to service credit for the period of such 
military or other wartime service, provided he again becomes employed 
within a year after the termination of such military or other wartime 
service, unless he is prevented from such reemployment by virtue of dis- 
ability incurred during the period of such military or other wartime serv- 
ice, and provided further that he elects to make, and makes ^vithin a 
period of time equal to twice the length of time of such service, all pay- 
ments to the system he would have been required to make had he been so 
employed during the period of such military or other wartime service. 

100-A:5 Service Retirement Benefits. 

I. Group I Members. 

(a) Any group I member in service may retire on a service retire- 
ment allowance upon written application to the board of trustees setting 
forth at what time, not less than thirty days nor more than ninety days 
subsequent to the filing thereof, he desires to be retired, provided the 
member at the time so specified for his retirement has attained age sixty 
and notwithstanding that during such period of notification he may have 
separated from service. Any group I member in service as an employee 
who attains age seventy, except an elected or appointed official of the 
state, shall be retired forthwith or on the first day of the next following 



1967] Chapter 134 133 

month. Any group I member in service as a teacher who attains age 
sixty-five shall be retired at the end of the then ensuing school year, unless 
said member shall request an extension of service. Extensions of service 
in the case of employees shall be requested of a committee consisting of 
the director of personnel and two members of the board of trustees, one 
of Avhom shall be an employee member, and in the case of teachers shall 
be requested of the state board of education on the recommendation of 
the superintendent of schools. The extensions shall be granted on a year- 
to-year basis, and in no event beyond the member's attainment of age 
seventy or the school year in which he shall have attained age seventy. 
The two members from the board of trustees shall be named to the com- 
mittee for terms of two years by the board of trustees, and the decision of 
the committee on the employee member's application for an extension 
of service shall be final. 

(b) Upon service retirement, a group I member shall receive a serv- 
ice retirement allowance which shall consist of: (1) A member annuity 
which shall be the actuarial equivalent of his accumulated contributions 
at the time of retirement; and (2) A state annuity payable prior to his 
attainment of age sixty-five which, together with his member annuity, 
shall be equal to one-sixtieth of his average final compensation multi- 
plied by the number of years of his creditable service not in excess of 
thirty years, plus one-one hundred and twentieth of such compensation 
multiplied by the number of years of his creditable service in excess of 
thirty years. After his attainment of age sixty-five his state annuity shall 
be reduced by the sum of one-one hundred and twentieth of his average 
final compensation not in excess of the applicable social security break- 
point for each of the first thirty years of his creditable service and one- 
two hundred and fortieth of such compensation not in excess of the ap- 
plicable social security breakpoint for each year of creditable service in 
excess of thirty years; provided that no such reduction shall be made in 
respect to any teacher for his years of creditable service between July 1, 
1945 and July 1, 1950 and for those years of creditable service between 
July 1, 1950 and July 1, 1957 with respect to which he did not elect a 
refund of past contributions under Section 21 of Chapter 192, Laws of 
1957; and further provided that such reduced retirement allowance, to- 
gether with his primary insurance amount, shall not be less than one- 
sixtieth of the member's average final compensation for each year of 
creditable service not in excess of thirty years. For purposes of the above, 
social security breakpoint shall mean four thousand two hundred dollars 
with respect to each year of prior service and shall mean the maximum 
amount of taxable wages under the Federal Insurance Contributions 
Act as from time to time in effect with respect to each year of membership 
service. 

II. Group II Members. 

(a) Any group II member in service who has attained age fifty and 



134 Chapter 134 [1967 

completed twenty-five years of creditable service may retire on a service 
retirement allowance upon written application to the board of trustees 
setting forth at what time not less than thirty days nor more than ninety 
days subsequent to the filing thereof, he desires to be retired, notwith- 
standing that during such period of notification he may have separated 
from service. Any group II member in service who attains age sixty-five 
shall be retired forthwith or on the first day of the next following month. 
(b) Upon service retirement, a group II member shall receive a 
service retirement allowance which shall consist of: (1) A member annuity 
which shall be the actuarial equivalent of his accumulated contributions 
at the time of retirement; and (2) A state annuity which, together with 
his member annuity, shall be equal to two per cent of his average final 
compensation multiplied by the number of years of his creditable service 
not in excess of twenty-five years, plus one per cent of such compensation 
multiplied by the number of years of his creditable service in excess of 
t^\^enty-five years. 

100-A:6 Disability Retirement Benefits. 
I. Group I Members. 

(a) Upon the application of a group I member in service or of his 
employer, any such member who has ten or more years of creditable serv- 
ice may be retired by the board of trustees on an ordinary disability re- 
tirement allowance, not less than thirty nor more than ninety days sub- 
sequent to the filing of such application; provided that a physician or 
physicians designated by the board of trustees, after a medical examina- 
tion of such member, shall certify, and the board shall find, that he is 
mentally or physically incapacitated for the further performance of duty, 
that such incapacity is likely to be permanent and that he should be 
retired. 

(b) Upon ordinary disability retirement, the group I member shall 
receive a service retirement allowance if he has attained age sixty, other- 
wise he shall receive an ordinary disability retirement allowance which 
shall consist of: (1) A member annuity which shall be the actuarial equiva- 
lent of his accumulated contributions at the time of retirement; and (2) 
A state annuity payable until he is eligible for an unreduced benefit un- 
der the Social Security Act which, together with his member annuity, 
shall be equal to ninety per cent of the service retirement allowance that 
would be payable to him prior to his attainment of age sixty-five on the 
basis of his average final compensation and creditable service at the time 
of his disability retirement; provided, however, that such allowance shall 
not be less than twenty-five per cent of the member's average final com- 
pensation, nor greater than ninety per cent of one-sixtieth of such com- 
pensation multiplied by the number of years of creditable service the 
member ^vould have had had he remained in service until he attained age 
sixty; after he is eligible for an unreduced benefit under the Social Se- 



1967] Chapter 134 135 

curity Act his state annuity siiall be reduced to an amount which, to- 
gether with his member annuity, shall be equal to ninety per cent of 
the service retirement allowance that would be payable after his attain- 
ment of age sixty-five on the basis of his average final compensation and 
creditable service at the time of his disability retirement; provided, how- 
ever, that such reduced retirement allowance, together with his primary 
insurance amount, shall not be less than the disability retirement allow- 
ance payable prior to his eligibility for a primary insurance amount. 

(c) Upon the application of a group I member in service or of his 
employer, any such member who has been totally and permanently in- 
capacitated for duty as the natural and proximate result of an accident 
occurring while in the actual performance of duty at some definite time 
and place, without wilful negligence on his part, may be retired by the 
board of trustees on an accidental disability retirement allowance; pro- 
vided that he is found to be mentally or physically incapacitated for the 
further performance of duty and that such incapacity is likely to be 
permanent. 

(d) Upon the accidental disability retirement, the group I member 
shall receive a service retirement allowance if he has attained age sixty; 
otherwise he shall receive an accidental disability retirement allowance 
which shall consist of: (1) A member annuity which shall be the actuarial 
equivalent of his accumulated contributions at the time of retirement; 
and (2) A state annuity payable until he is eligible for an unreduced 
benefit under the Social Security Act which, together with his member 
annuity, shall be equal to fifty per cent of his average final compensa- 
tion; and (3) A state annuity payable after he is eligible for an unreduced 
benefit under the Social Security Act which, together with his member 
annuity, shall be equal to the service retirement allowance that would 
be payable after his attainment of age sixty-five on the basis of his average 
final compensation at the time of his disability retirement and thirty 
years of creditable service. 

II. Group II Members. 

(a) Upon the application of a group II member in service or of his 
employer, any such member who has ten or more years of creditable serv- 
ice may be retired by the board of trustees on an ordinary disability re- 
tirement allowance, not less than thirty nor more than ninety days 
subsequent to the filing of such application; provided that a physician or 
physicians designated by the board of trustees, after a medical examina- 
tion of such member, shall certify, and the board shall find, that he is 
mentally or physically incapacitated for the further performance of duty, 
that such incapacity is likely to be permanent and that he should be 
retired. 

(b) Upon ordinary disability retirement, the group II member shall 
receive a service retirement allowance if he has attained age fifty and 



136 Chapter 134 [1967 

completed twenty-five years of creditable service, otherwise he shall re- 
ceive an ordinary disability retirement allowance which shall consist of: 
(1) A member annuity which shall be the actuarial equivalent of his ac- 
cumulated contributions at the time of retirement; and (2) A state 
annuity ^vhich, together with his member annuity, shall be equal to a 
service retirement allowance based on the member's average final com- 
pensation and creditable service at the time of his disability retirement; 
provided, however, that such allowance shall not be less than twenty-five 
per cent of the member's average final compensation at the time of his 
disability retirement. 

(c) Upon the application of a group II member in service or of his 
employer, any such member who has been totally and permanently in- 
capacitated for duty as the natural and proximate result of an accident 
occurring while in the actual performance of duty at some definite time 
and place, without wilful negligence on his part, may be retired by the 
board of trustees on an accidental disability retirement allowance; pro- 
vided that he is found to be mentally or physically incapacitated for the 
further performance of duty and that such incapacity is likely to be 
permanent. 

(d) Upon accidental disability retirement, the group II member 
shall receive an accidental disability retirement allowance which shall 
consist of: (1) A member annuity which shall be the actuarial equivalent 
of his accumulated contributions at the time of retirement; and (2) A 
state annuity which, together with his member annuity, shall be equal 
to tAvo-thirds of his average final compensation at the time of his dis- 
ability retirement. 

III. Medical Examination; Gainful Occupation; Workmen's Com- 
pensation. 

(a) Once each year during the first five years following the retire- 
ment of either a group I or group II member on a disability retirement 
allowance, and once in every three year period thereafter, the board of 
trustees may, and upon his application shall, require any disability bene- 
ficiary who has not attained age sixty to undergo a medical examination 
by a physician or physicians designated by the board. If any disability 
beneficiary who has not attained age sixty refuses to submit to such medi- 
cal examination, his state annuity may be discontinued by the board of 
trustees until his withdrawal of such refusal, and if his refusal continues 
for more than one year, all his rights in and to his state annuity may be 
revoked by the board. 

(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 shall be reduced to 
an amount which, together with his member annuity and the amount 



1967] Chapter 134 137 

earnable by him, shall equal his average final compensation at retire- 
ment. 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. 

(c) Any amounts which may be paid or payable to or on account of 
any member or retired member on account of any disability to which 
the employer has made contributions under the provisions of any work- 
men's compensation or similar law or plan shall, in such manner as the 
board of trustees shall determine, be offset against and payable in lieu of 
any state annuity on account of the same disability. 

100-A:7 Restoration to Service. If a disability beneficiary is restored 
to service and if his annual earnable compensation then, or at any time 
thereafter, is equal to or greater than his average final compensation at 
retirement, or if any other beneficiary is restored to service, his retirement 
allowance shall cease, he shall again become a member of the retirement 
system and he shall contribute thereafter at the rate payable with respect 
to the same age which determined the rate paid prior to his retirement. 
Anything herein to the contrary notwithstanding, any credit for member- 
ship service and for any prior service on the basis of which his creditable 
service was computed at the time of his former retirement shall be re- 
stored to full force and effect; but if he is restored to membership after 
the attainment of age fifty in the case of a group I member, or age forty- 
five in the case of a group II member, upon subsequent retirement "^\ ith- 
in a period of three years after such restoration to membership, he shall 
receive a retirement allowance based on his service as a member since 
his last restoration to membership, plus a retirement allowance equal 
to the retirement allowance to which he was entitled at the time of such 
restoration, except that the total retirement allowance upon such sub- 
sequent retirement shall not be a greater proportion of his average final 
compensation than the proportion to which he would have been entitled 
had he remained in service during the period of his prior retirement. 

100-A:8 Accidental Death Benefits. 

I, Group I Members. 

(a) If, upon the receipt by the board of trustees of proper proof of 
the death of a group I member in service indicating that such death was 
the natural and proximate result of an accident occurring while in the 
performance of duty at some definite time and place, the board decides 
that death was the result of an accident in the performance of duty and 
not caused by wilful negligence on the part of the member, a state an- 
nuity shall be paid to his widow, to continue during her wido-^vhood; 
or if there is no widow, or if the widow dies or remarries before the 



138 Chapter 134 [1967 

youngest child of the deceased member has attained age eighteen, then 
to his child or children under such age, divided in such manner as the 
board in its discretion shall determine, to continue as a joint and sur- 
vivorship state annuity for the benefit of such child or children under 
said age until every child dies or attains said age; or if there is no widow 
or child under age eighteen living at the death of the member, then to 
his dependent father or dependent mother as the board shall determine, 
to continue for life: or if the deceased member is a female, the foregoing 
benefits shall be payable to her children or dependent parents only in 
like manner and amount; provided that if none of the aforementioned 
beneficiaries is living at the death of the member no benefit shall be pay- 
able under the provisions of this section. 

(b) Upon the accidental death of a group I member the amount of 
the state annuity payable shall be equal to the sum of: (1) twenty-five 
per cent of the portion of his average final compensation not in excess 
of six thousand six hundred dollars, and (2) fifty per cent of the portion 
of his average final compensation in excess of six thousand six hundred 
dollars: provided that such state annuity, together with any survivors' 
insurance benefits payable on account of the member's death, shall not be 
less than fifty per cent of his average final compensation. 

II. Group II Members. 

(a) If, upon the receipt by the board of trustees of proper proof of 
the death of a group II member in service indicating that such death was 
the natural and proximate result of an accident occurring ^vhile in the 
performance of duty at some definite time and place, the board decides 
that death "\vas the result of an accident in the performance of duty and 
not caused by wilful negligence on the part of the member, a state annuity 
shall be paid to his widow, to continue during her widowhood; or if 
there is no widow, or if the widow dies or remarries before the youngest 
child of the deceased member has attained age eighteen, then to his child 
or children under such age, divided in such manner as the board in its 
discretion shall determine, to continue as a joint and survivorship state 
annuity for the benefit of such child or children under said age until 
every child dies or attains said age; or if there is no widow or child under 
age eighteen living at the death of the member, then to his dependent 
father or dependent mother as the board shall determine, to continue 
for life; or if the deceased member is a female, the foregoing benefits 
shall be payable to her children or dependent parents only in like manner 
and amount; provided that if none of the aforementioned beneficiaries is 
living at the death of the member no benefit shall be payable under the 
provisions of this section. 

(b) Upon the accidental death of a group II member the amount 
of the state annuity payable shall be equal to fifty per cent of the mem- 
ber's annual rate of earnable compensation at the date of his death. 



1967] Chapter 134 139 

III. Workmen's Compensation. Notwithstanding the foregoing pro- 
visions of this section, any amounts which may be paid or payable under 
the provisions of any workmen's compensation or similar law on account 
of the death of any member shall, in such manner as the board of trustees 
shall determine, be offset against and payable in lieu of any state annuity 
payable under the provisions of this section on account of the same death. 
Any amounts offset above shall not include compensation received to 
pay hospital or medical bills under any private annuity or disability in- 
surance plan. 

100-A:9 Ordinaiy Death Benefit — Group II Members. Upon re- 
ceipt by the board of trustees of proper proof of the death of a group II 
member in service indicating that such death was not the result of an 
accident occurring while in the performance of duty, there shall be pay- 
able to his surviving widow until her remarriage or prior death, pro- 
vided that at the time of his death the member was eligible for service 
retirement, an allowance equal to fifty per cent of the service retirement 
allowance that would have been payable to the member had he retired 
immediately prior to his death, based on his average final compensation 
and creditable service at that time. If, at the time of his death, the group 
II member in service was not eligible for service retirement or, beinof 
so eligible, was not survived by a widow, there shall be paid to the person 
nominated by the member by written designation filed with the board, 
in addition to the amount payable under section 11, a lump sum equal 
to the greater of either: (a) three thousand six hundred dollars, or (b) an 
amount which is equal to the deceased member's annual earnable com- 
pensation at the time of his death, 

100-A:10 Vested Deferred Retirement Benefit. 
I. Group I Members. 

(a) A group I member who has completed fifteen years of creditable 
service and who, for reasons other than retirement or death, ceases to be 
an employee or teacher may elect, in lieu of the refund of his accumu- 
lated contributions under section 11, on a form prescribed by the board 
of trustees for such purpose, to receive a vested deferred retirement 
allowance. 

(b) Upon his attainment of age sixty, a group I member who has 
made such election shall receive a vested deferred retirement alloTvance 
which shall consist of: (1) A member annuity which shall be the actu- 
arial equivalent of his accumulated contributions on the date he attains 
age sixty; and (2) A state annuity which, together with his member an- 
nuity, shall be equal to the service retirement allowance that would be 
payable to him after his attainment of age sixty-five on the basis of his 
average final compensation and creditable service at the time his service 
is terminated. 



140 Chapter 134 [1967 

II. Group II Members. 

(a) A group II member who has completed fifteen years of creditable 
service and ^dio, for reasons other than retirement or death, ceases to be 
a permanent policeman or permanent fireman may elect, in lieu of the 
refund of his accumulated contributions under section 11, on a form 
prescribed by the board of trustees for such purpose, to receive a vested 
deferred retirement allowance. 

(b) Upon his attainment of age fifty, provided he would then have 
completed t^venty-five years of creditable service, otherwise the subse- 
quent date on which such twenty-five years would have been completed, 
a group II member who has made such election shall commence to re- 
ceive a vested deferred retirement allowance which shall consist of: (1) 
A member annuity which shall be the actuarial equivalent of his ac- 
cumulated contributions on the date his retirement allowance com- 
mences; and (2) A state annuity which, together with his member annuity, 
shall be equal to a service retirement allowance based on the member's 
average final compensation and creditable service at the time his service 
is terminated. 

100- A: 1 1 Return of Members' Contributions. 

I. Group I Members. 

(a) If a group I member ceases to be an employee or teacher for 
reasons other than retirement or death and if he has not elected to receive 
a vested deferred retirement allowance under section 10, the amount of 
his accumulated contributions shall be paid to him within two months 
after his written request therefor. If a group I member ceases to be a 
member because of absence from service for more than six years in any 
period of seven consecutive years after last becoming a member, his ac- 
cumulated contributions shall be paid to him within two months after 
the board is notified to that effect. 

(b) Upon the death of a group I member, the amount of his ac- 
cumulated contributions shall be paid to the person or persons, if any, 
nominated by him, if living, otherwise to the member's estate. 

(c) Upon the death of a group I member who has elected, pursuant 
to section 10, to receive a vested deferred retirement allowance before 
his attainment of age sixty, the amount of his accumulated contributions 
at the time of his death shall be paid to the person or persons, if any, nom- 
inated by him, if living, otherwise to the member's estate. 

II. Group II Members. 

(a) If a group II member ceases to be a permanent policeman or 
permanent fireman for reasons other than retirement or death and if he 
has not elected to receive a vested deferred retirement allowance under 
section 10, the amount of his accumulated contributions shall be paid to 
him within two months after his written request therefor. If a group II 



1967] Chapter 134 141 

member ceases to be a member because of absence from service for more 
than six years in any period of seven consecutive years after last becoming 
a member, his accumulated contributions shall be paid to him within 
two months after the board is notified to that effect. 

(b) Upon the death of a group II member in service as a result of 
causes other than those which meet the requirements for an accidental 
death benefit as set forth in section 8 and if, at the time of his death, he 
is not eligible for service retirement or, being so eligible, is not survived 
by a Avidow, the amount of his accumulated contributions shall be paid 
to the person or persons nominated by him, if living, otherwise to the 
member's estate. Upon the death of a group II member in service under 
circumstances ^vhich meet the requirements for an accidental death bene- 
fit as set forth in section 8, the amount of his accumulated contributions 
shall be paid to the person or persons nominated by the member, if liv- 
ino^, other'wise to the member's estate. 

(c) Upon the death of a group II member who has elected, pursuant 
to section 10, to receive a vested deferred retirement alloAvance before 
his retirement allowance commences, the amount of his accumulated 
contributions at the time of his death shall be paid to the person or per- 
sons, if any, nominated by him, if living, otherwise to the member's 
estate. 

(d) Upon the death of the survivor of a retired group II member 
who is in receipt of an accidental disability retirement alloAvance pur- 
suant to section 6 and his widow in receipt of an allowance pursuant to 
section 12, any excess of the retired member's accumulated contributions 
at retirement over the sum of the retirement allowance payments received 
by such retired member and his widow shall be paid to the person nom- 
inated by the member, if living, otherwise to the estate of the last to 
survive of the retired member and such widow. 

(e) Upon the death of a retired group II member after his retire- 
ment allowance payments have commenced, provided he has not elected 
an optional allowance that has become effective, any excess of the amount 
of his accumulated contributions at retirement over the sum of the re- 
tirement allowance payments received shall be paid in one sum to the 
person or persons nominated by the member, if living, otherwise to the 
member's estate. Upon the death of the survivor of a retired group II 
member and the beneficiary nominated by him under the terms of an 
option, if an option was elected and had become effective, any excess of 
the retired member's accumulated contributions at retirement over the 
sum of the retirement allowance payments received by the retired mem- 
ber and such beneficiary shall be paid to the person nominated by the 
member, if living, otherwise to the estate of the last to survive of the 
member and such beneficiary. Nomination of a person to receive the re- 
turn of the member's contributions pursuant to this section shall be made 
by the member in writing filed with the board of trustees. A member 



142 Chapter 134 [1967 

may change his nomination by a similar writing. A designation, revoca- 
tion or change of the person nominated under an optional election may 
be made only as provided in section 13. 

1 00-A: 12 Benefits Upon Member's Death After Retirement — Group 
n Members. Upon the death of a retired group II member after his 
retirement allo^vance payments have commenced, there shall be paid to 
the person nominated by the member by written designation filed with 
the board, if living, otherwise to the retired member's estate, in addition 
to the amount payable under section 11 a lump sum of three thousand 
six hundred dollars; provided, however, that if said retired member was, 
prior to his death, in receipt of an accidental disability retirement allow- 
ance there shall be paid to his widow, if surviving, in lieu of such lump 
sum payment, an allowance to continue until her death or remarriage 
equal to fifty per cent of the accidental disability retirement allowance 
payable to the retired member prior to his death. 

100-A:13 Optional Allowances. At least thirty days prior to his retire- 
ment, any member may elect to convert the retirement allowance other- 
wise payable on his account after retirement into a retirement allowance 
of equivalent actuarial value under one of the options named below, 
which election shall become effective on his date of retirement; provided, 
however, that no election of an optional benefit shall become effective 
until sixty days after the date of filing of the election thereof -^vith the 
retirement board, or until sixty days after retirement, whichever is later, 
excepting that if the member so electing dies before the expiration of 
said sixty days, the election shall become effective as of the date of his 
death. A group II member may only elect either option 2 or option 3 
below. 

Option 1. A reduced retirement allowance payable during the re- 
tired member's life, with the provision that at his death a lump sum equal 
in amount to the difference between his accumulated contributions at 
the time of his retirement and the sum of the member annuity payments 
made to him during his lifetime shall be paid to the person, if any, nom- 
inated by him by written designation duly acknowledged and filed with 
the board of trustees if such person survives him, otherwise to the retired 
member's estate. 

Option 2. A reduced retirement allowance payable during the re- 
tired member's life, with the provision that it shall continue after his 
death for the life of, and to, the beneficiary nominated by him by written 
designation duly acknowledged and filed with the board of trustees at 
the time of retirement. 

Option 3. A reduced retirement allowance payable during the re- 
tired member's life, with the provision that it shall continue after his 
death at one-half the rate paid to him and be paid for the life of, and to. 



1967] Chapter 134 143 

the beneficiary nominated by him by written designation duly acknowl- 
edged and filed with the board of trustees at the time of retirement. 

Option 4. A reduced retirement allowance payable during the re- 
tired member's life, with some other benefit payable after his death, pro- 
vided that such other benefit shall be approved by the board of trustees. 

100-A:14 Administration. 

I. The administration of this system is vested in a board of eleven 
trustees. Three of the trustees shall be the state treasurer, the bank com- 
missioner and the comptroller. The treasurer shall serve as chairman of 
said board of trustees and as chairman of each subcommittee. The re- 
maining eight members of the board shall consist of two employees, two 
teachers, two permanent policemen, and two permanent firemen. The 
New Hampshire State Employees' Association, the New Hampshire Edu- 
cation Association, the New Hampshire Police Association, and the New 
Hampshire State Permanent Firemen's Association shall each annually 
nominate from their members a panel of five persons, all of whom shall 
be members of the retirement system, no later than May 31 of each year, 
and the panels so named shall be filed with the secretary of state no later 
than June 10 of each year. From each of the above named panels the 
governor, with the approval of the council, shall originally appoint two 
persons, and thereafter one annually to the board. Members appointed 
to the board in the manner aforesaid shall serve for a term of two years, 
except that the original appointments of one of the persons from each 
panel shall be for a term of one year. Each member so appointed shall 
hold office until his successor shall be appointed and qualified. Whenever 
a vacancy occurs, the governor and council shall fill the vacancy by ap- 
pointing a member who shall serve for the unexpired term from the same 
panel from which the former member was appointed. 

The treasurer and the four group I members shall constitute one 
subcommittee and the treasurer and the four group II members shall 
constitute another subcommittee. Each subcommittee shall, relative to 
the members of their respective group, consider policy problems and 
make recommendations relative to the same to the board of trustees and 
consider and make recommendations to the board of trustees concerning 
applications under the provisions of 100-A:6. Four members of a sub- 
committee shall constitute a quorum for the transaction of any business. 

II. The board of trustees shall establish such rules and regulations 
as it deems necessary for the proper administration of this chapter. 

III. The members of the board of trustees shall serve without com- 
pensation but shall be reimbursed for actual and necessary travelling 
and other expenses and disbursements incurred or made by them in the 
discharge of their official duties. 



144 Chapter 134 [1967 

IV. Each trustee shall be entitled to one vote in the board of trustees. 
Six trustees shall constitute a quorum for the transaction of any business. 
Six votes shall be necessary for any resolution or action by the board at 
any meeting. 

V. The board of trustees may employ, under the provisions of RSA 
98, a secretary and such other assistants as may be necessary. It may en- 
gage such actuarial, medical, and like services as may be required to 
transact the business of the retirement system. The compensation for such 
special services, and all other expenses of the board necessary hereto, shall 
be paid at such rates and in such amounts as the board shall approve. 

VI. The board of trustees shall keep in convenient form such data 
as may be necessary for actuarial valuation of the various funds of the 
retirement system and for checking the experience of the system. 

VII. The board of trustees shall keep a record of all its proceedings. 
It shall annually make a report showing the fiscal transactions of the re- 
tirement system for the preceding fiscal year, the amount of the accumu- 
lated cash and securities of the system and the last balance sheet showing 
the financial condition of the system by means of an actuarial valuation 
of the assets and liabilities of the system, and shall file the same with the 
secretary of state. 

VIII. Immediately after the establishment of the retirement system, 
the board of trustees shall adopt mortality and service tables for use in 
all calculations in connection with the system, and shall certify the rates 
of contribution payable under the provisions hereof. The board of 
trustees shall also determine from time to time the rate or rates of regular 
interest for use in all calculations, except as otherwise provided, with the 
rate of four per cent per annum compounded annually applicable from 
the date of establishment until changed by the board. 

IX. In 1970, and at least once in each five-year period thereafter, 
the board shall have an actuary make an actuarial investigation into the 
mortality, service and compensation experience of the members and bene- 
ficiaries of the retirement system, and a valuation of the assets and lia- 
bilities of its funds, and taking into account the result of such investiga- 
tion and valuation, the board shall adopt such mortality, service and 
other tables as shall be deemed necessary, and certify the rates of con- 
tribution payable under the provisions of this chapter. Commencing in 
the year 1971, and at two-year intervals thereafter, the board shall report 
to the legislature by January 15 on the status of the system and the de- 
sirability of any change including a change in rates for members and 
employers on the basis of the then accumulated experience of the system. 

X. On the basis of regular interest and the tables last adopted by 
the board of trustees, the board shall have an actuary make annual valua- 



1967] Chapter 134 145 

tions of the contingent assets and liabilities of the funds of the retire- 
ment system. 

100-A: 15 Management of Funds. 

I. The members of the board of trustees shall be the trustees of the 
several funds created hereby. The state treasurer shall upon recommenda- 
tion of the board have full power to invest and reinvest such funds, 
subject to all the terms, conditions, limitations, and restrictions imposed 
by the laws of the state of New Hampshire upon domestic life insurance 
companies in the making and disposing of their investments, and further 
may upon recommendation of the board invest and reinvest such funds 
in shares of cooperative banks and building and loan associations exist- 
ing under the laws of this state and of federal savings and loan associa- 
tions located in this state, and may upon recommendation of the board 
make deposits in savings banks or trust companies or in national banks 
and subject to like terms, conditions, limitations, and restrictions, said 
trustees shall have full power to hold, purchase, sell, assign, transfer, and 
dispose of any of the securities and investments in which any of the funds 
created hereby have been invested, as well as the proceeds of such invest- 
ments. The board of trustees shall have authority to hire investment 
counsel. The state treasurer shall be the custodian of the several funds 
of the retirement system. 

II. For the purpose of meeting disbursements for state annuities, 
member annuities, and other payments, there may be kept available cash, 
not exceeding ten per cent of the total amount in the funds of the retire- 
ment system, on deposit in one or more banks or trust companies in the 
state, organized under the laws of the state or of the United States; pro- 
vided that the sum on deposit in any one bank or trust company shall 
not exceed the sum of the paid-up capital and surplus of such bank or 
trust company. 

III. Except as otherwise herein provided, no trustee and no em- 
ployee of the board of trustees shall have any personal interest in the 
gains or profits of any investment made by the board; nor shall any trustee 
or employee of the board, directly or indirectly, for himself or as an 
agent, in any manner use the same except to make such current and 
necessary payments as are authorized by the board; nor shall any trustee 
or employee of the board become an endorser or surety, or in any manner 
an obligor, for money loaned to or borrowed from the board. 

I00-A:16 Method of Financing. All of the assets of the retirement 
system shall be credited, according to the purpose for which they are held, 
between two funds, namely, the member annuity savings fund and the 
state annuity accumulation fund. Each of the funds shall be subdivided 
on account of the various member classifications. 



146 



Chapter 134 



1967 



I. Member Annuity Savings Fund. 

(a) The member annuity savings fund shall be a fund in which 
shall be accumulated the contributions deducted from the compensation 
of members to provide for their member annuities together with any 
amounts transferred thereto from a similar fund under one or more of 
the predecessor systems. Such contribution shall be, for each member, 
dependent upon its employment classification at the rate determined in 
accordance -^vith the following table. 



Age 










Permanent 


When 










Policemen 


Contributions 


Employees 


Teachers 


and 


Begin 


Men 


Women 


Men 


Women 


Firemen 


20 


7.50% 


8.95% 


7.95% 


9.20% 


8.35% 


21 


7.50 


8.95 


7.95 


9.20 


8.50 


22 


7.50 


8.95 


7.95 


9.20 


8.70 


23 


7.50 


8.95 


7.95 


9.20 


8.90 


24 


7.50 


8.95 


7.95 


9.20 


9.10 


25 


7.50 


8.95 


7.95 


9.20 


9.30 


26 


7.50 


8.95 


7.95 


9.20 


9.00 


27 


7.50 


8.95 


7.95 


9.20 


8.75 


28 


7.55 


9.00 


8.00 


9.25 


8.50 


29 


7.55 


9.05 


8.00 


9.25 


8.25 


30 


7.60 


9.05 


8.05 


9.30 


8.00 


31 


7.65 


9.10 


8.10 


9.35 


7.75 


32 


7.65 


9.15 


8.15 


9.40 


7.50 


33 


7.70 


9.20 


8.20 


9.45 


7.25 


34 


7.75 


9.25 


8.25 


9.50 


7.00 


35 


7.80 


9.30 


8.30 


9.55 


6.80 


36 


7.85 


9.40 


8.35 


9.60 


6.55 


37 


7.90 


9.45 


8.40 


9.70 


6.30 


38 


8.00 


9.50 


8.50 


9.75 


6.10 


39 


8.05 


9.60 


8.55 


9.85 


5.90 


40 


8.10 


9.70 


8.60 


9.90 


5.70 


41 


8.20 


9.80 


8.70 


10.00 


5.75 


42 


8.25 


9.85 


8.75 


10.10 


5.80 


43 


8.30 


9.95 


8.80 


10.20 


5.85 


44 


8.40 


10.05 


8.90 


10.25 


5.95 


45 


8.45 


10.10 


9.00 


10.35 


6.05 


46 


8.55 


10.20 


9.05 


10.45 


6.15 


47 


8.60 


10.30 


9.15 


10.55 


6.20 


48 


8.70 


10.40 


9.25 


10.65 


6.30 


49 


8.80 


10.50 


9.35 


10.75 


6.35 


50 


8.90 


10.60 


9.45 


10.85 


6.45 


51 


9.00 


10.70 


9.55 


11.00 


6.55 



1967] Chapter 134 147 







Chapter 


134 






52 


9.05 


10.80 


9.65 


11.10 


6.60 


53 


9.15 


10.95 


9.75 


11.20 


6.70 


54 


9.25 


11.05 


9.85 


11.35 


6.75 


55 


9.35 


11.20 


9.95 


11.45 


6.85 


56 


9.45 


11.30 


10.00 


11.60 


6.95 


57 


9.55 


11.40 


10.15 


11.70 


7.00 


58 


9.65 


11.55 


10.25 


11.80 


7.10 


59 


9.75 


11.65 


10.35 


11.95 


7.20 


60 


9.75 


11.65 


10.35 


11.95 


7.30 


61 


9.75 


11.65 


10.35 


11.95 


7.40 


62 


9.75 


11.65 


10.35 


11.95 


7.50 


63 


9.75 


11.65 


10.35 


11.95 


7.60 


64 and 












over 


9.75 


11.65 


10.35 


11.95 


7.70 



As used in the foregoing table, the words "age when contributions 
begin" shall mean the age of the member when he last became a member 
of the system, or in the case of a member who ^vas a member of or a par- 
ticipant in one of the predecessor systems, his age when he last became 
a member of or participant in said predecessor system; provided, how- 
ever, that he has continued his membership unbroken from such last 
date. With respect to the rates listed in the foregoing table for employees 
and teachers, the percentages are applicable to that portion of earnable 
compensation in excess of the maximum amount of taxable "wages under 
the Federal Insurance Contributions Act, as from time to time in effect, 
with one-half of such rate being applicable to that portion of earnable 
compensation which is not in excess of such amount. 

The board of trustees shall certify to the proper authority or officer 
responsible for making up the payroll of each employer, and such au- 
thority or officer shall cause to be deducted from the compensation of 
each member, on each and every payroll of such employer for each and 
every payroll period, the percentage of earnable compensation applicable 
to such member. In determining the amount earnable by a member in a 
payroll period, the board may consider the rate of compensation payable 
to such member on the first day of a payroll period as continuing through- 
out the payroll period and it may omit deduction from compensation 
for any period less than a full payroll period if such person was not a 
member on the first day of the payroll period, and to facilitate the making 
of deductions it may modify the deduction required of any member by 
such an amount as shall not exceed one-tenth of one per cent of the an- 
nual earnable compensation upon the basis of which such deduction is 
made. The amounts deducted shall be reported to the board of trustees. 
Each of such amounts, when deducted, shall be paid to the retirement 
system at such times as may be designated by the board of trustees and 
credited to the individual account, in the member annuity savings fund, 
of the member from whose compensation the deduction was made. 



148 Chapter 134 [1967 

(b) The deductions provided for herein shall be made notwithstand- 
ing that the minimum compensation provided for by law for any member 
shall be reduced thereby. Every member shall be deemed to consent and 
agree to the deductions herein provided as a condition of his member- 
ship. 

(c) In addition to the contributions deducted from the compensa- 
tion of members as hereinbefore provided, and subject to the approval 
of the board of trustees and to such rules and regulations as the board 
may make "with respect to the crediting of interest thereon, any member 
may provide an additional retirement allowance by making contributions 
at an additional rate not in excess of the rate computed to be sufficient 
to provide an additional retirement allowance which, together "with his 
regular retirement allowance, will result in a total retirement alloAvance 
not in excess of fifty per cent of his average final compensation. Such 
additional contributions shall become part of his accumulated contribu- 
tions except in the case of retirement, when they shall be treated as ex- 
cess contributions returnable to the member in cash or as a member an- 
nuity of equivalent actuarial value. 

(d) The accumulated contributions of a member withdrawn by 
him, or paid to his estate or to his designated beneficiary in event of his 
death in service, shall be paid from the member annuity savings fund. 
Upon the retirement of a member, his accumulated contributions shall 
be transferred from the member annuity savings fund to the state an- 
nuity accumulation fund. 

II. State Annuity Accumulation Fund. 

(a) The state annuity accumulation fund shall be the fund in which 
shall be accumulated all reserves for the payment of all state annuities 
payable from contributions made by employers, any amounts transferred 
thereto from a similar fund under one or more of the predecessor sys- 
tems, amounts transferred from the member annuity savings fund, and 
all amounts paid to the system by or on account of call, substitute, or 
volunteer firemen and from which shall be paid all benefits payable under 
the system other than those payable from the member annuity savings 
fund. 

(b) At the beginning of each fiscal year the board of trustees shall 
assess upon the various counties, cities, towns, villages or precincts in the 
state employing group II members, and upon the state for the group II 
members in its employ, six per cent of the earnable compensation of such 
group II members in such county, city, town, village or precinct, or the 
state, provided that if the board finds that all assessments made under 
the provisions of this chapter together with the annual appropriation 
by the state, as hereinafter provided, will not be sufficient to keep this 
retirement system in a sound financial condition, the board may assess 
such further sums against said counties, cities, toAvns, villages and pre- 



1967] Chapter 134 149 

cincts, and the state, as, in the judgement of the board, may be necessary 
for said purpose. It shall be the duty of the treasurer or other disbursing 
officer of said employer to pay to the board of trustees the sum assessed 
against said county, city, town, village or precinct, and said county, city, 
town, village or precinct is hereby authorized and directed to appropriate 
the sums necessary for said assessment. 

(c) The contributions of each employer for benefits under the re- 
tirement system on account of group I members shall consist of a per- 
centage of the earnable compensation of its members to be known as the 
"normal contribution", and an additional amount to be known as the 
"accrued liability contribution"; provided that, in the case of teachers, 
any employer, other than the state, shall pay three-fifths of such total 
contributions, and two-fifths thereof shall be paid by the state; and pro- 
vided further that in case of teacher members employed by the state the 
state shall pay both normal and accrued liability contributions. The 
contributions of the state for benefits under the retirement system on 
account of group II members shall consist of a percentage of the earn- 
able compensation of its members which, together with the assessments 
provided in paragraph (b) above, shall be known as the "normal con- 
tribution", and an additional amount to be known as the "accrued liabil- 
ity contribution". The rate per cent of such normal contribution in each 
instance shall be fixed on the basis of the liabilities of the system with re- 
spect to the particular members of the various member classifications as 
shown by actuarial valuation. 

(d) Commencing with the date of establishment and until the 
amount of the unfunded accrued liability has been established, the board 
of trustees shall determine the percentage normal contribution rate on 
account of each member classification as the uniform and constant per- 
centage of the earnable compensation of the average new entrant mem- 
ber which, if contributed on the basis of his earnable compensation 
throughout his entire period of active service, would be sufficient to 
provide for the payment of any state annuity payable on his account from 
contributions by the employer. Commencing with the valuation as of 
June 30, 1969, the percentage normal contribution rate shall be deter- 
mined after each actuarial valuation as the rate per cent of the earnable 
compensation of all members obtained by deducting from the total lia- 
bilities of the state annuity accumulation fund on account of each mem- 
ber classification the amount of the unfunded accrued liability, the 
present value of future assessments, if any, under paragraph (b) above, 
and the total amount of the funds in hand to the credit of the respective 
member classifications in that fund and dividing the remainder by one 
per cent of the present value of future compensation of all members 
within the appropriate member classification. Until the actuarial valua- 
tion as of June 30, 1969 has been prepared, the normal contribution rate 
for employee members shall be three and two-tenths per cent, for teacher 



150 Chapter 134 [1967 

members shall be three and one-half per cent, for permanent policemen 
members shall be one per cent, and for permanent firemen members shall 
be one per cent. 

(e) Immediately following the actuarial valuation prepared as of 
June 30, 1968, the board shall have an actuary determine the amount 
of the unfunded accrued liability for each member classification as the 
amount of the total liabilities of the state annuity accumulation fund 
on account of such classification which is not dischargeable by the total 
of the funds in hand to the credit of the state annuity accumulation fund 
on account of such classification, the present value of future assessments, 
if any, under paragraph (b) above, and the aforesaid normal contribu- 
tions to be made on account of the members in such classification during: 
the remainder of their active service. The amount so determined with 
respect to each member classification shall be knovv'n as the "unfunded 
accrued liability" with respect to such classification. On the basis of each 
such unfunded accrued liability, the board shall have an actuary deter- 
mine the level annual contribution required to discharge such amount 
over a period of twenty years from June 30, 1968. 

(f) The total amount payable to the state annuity accumulation 
fund in each year on account of each member classification shall not be 
less than the normal contribution rate multiplied by the total compensa- 
tion earnable by all members in such classification for such year, plus 
the amount of the accrued liability contribution necessary to liquidate 
the unfunded accrued liability on behalf of such classification as deter- 
mined by the actuary under subsection (e) above. 

(g) All interest and dividends earned on the funds of the retirement 
system shall be credited to the state annuity accumulation fund. The 
board of trustees annually shall allow interest at such rate or rates as it 
shall determine from time to time on the individual accounts of members 
in the member annuity savings fund and shall transfer such amounts from 
the state annuity accumulation fund. 

III. Employer Contributions. 

(a) On or before the first day of October next preceding each regu- 
lar session of the state legislature, the board of trustees shall certify to 
the state comptroller the amounts which will become due and payable 
by the state during the biennium next following to the retirement system 
and it shall be the duty of the comptroller in preparing the executive 
budget for each ensuing biennium to include in the budget the amounts 
so certified which amounts shall be appropriated by the legislature. 

(b) A county, city, town, school district or other political subdivi- 
sion of the state having any employee members who are paid directly 
by the state but for whom the state is later reimbursed for the part of 
their compensation not chargeable to state funds shall likewise reimburse 



1967] Chapter 134 151 

the state for that part of the contribution made by the state to this system 
which is based on such part of compensation not chargeable to state funds. 
(c) At the beginning of each year commencing on the first day of 
July the board of trustees shall certify to each employer other than the 
state the percentage rates of contribution due the system from each such 
employer, and shall assess upon each such employer such percentages 
of the earnable compensation of members in its employ, and it shall be 
the duty of the treasurer or other disbursing officer of each such employer 
to pay to the board of trustees such portion of the annual amount so as- 
sessed at such times and in such manner as the board of trustees may pre- 
scribe. Each such employer is hereby authorized to appropriate the sums 
necessary for the payment of such assessments. 

IV. Authorized Deductions. Notwithstanding any other provisions 
of this chapter, any member who makes application for benefits here- 
under and who is at the time a member of the so-called Blue Cross-Blue 
Shield insurance plan may request that the monthly payments for such 
insurance be deducted from the benefit payments which he is to receive, 
and in such case said deduction shall be made from the sums due the 
member. 

100-A:17 Transfer of Funds. Within sixty days following November 
1, 1967, and May 1, 1968, the board of trustees shall certify the amount 
on deposit in the employee annuity savings fund of the Employees' Re- 
tirement System of the State of New Hampshire, the teacher annuity 
savings fund of the New Hampshire Teachers' Retirement System, and 
that portion of the amounts on deposit in the retirement funds estab- 
lished, under the New Hampshire Policemen's Retirement System and 
the New Hampshire Permanent Firemen's Retirement System attribut- 
able to assessments from permanent policemen and permanent firemen, 
which, in each instance, are applicable to members of or participants in 
such systems who become members of this retirement system as of Janu- 
ary 1, 1968 or July 1, 1968, respectively, and such amount, in each in- 
stance, shall be transferred to the credit of the member annuity savings 
fund of this system. On or before July 1, 1969, the actuary shall certify 
to the board, on the basis of actuarial valuations as of June 30, 1968, the 
amount on deposit in the respective state annuity accumulation funds 
and the balance on deposit in the respective retirement funds, which, in 
each instance, are applicable to such persons, and such amount, in each 
instance, shall be transferred to the credit of the state annuity accumula- 
tion fund of this system within ninety days after receipt of such certifica- 
tion. 

100-A:18 Transfer of Classification. 

I. Any person who is a member of the retirement system may trans- 
fer his classification as defined in section 5 of this chapter to the other 



152 Chapter 134 [1967 

classification, as therein defined, upon accepting office or employment 
■\vhich makes it possible or mandatory for him to participate in such other 
classification and if such acceptance of office or employment would make 
it impossible for him to continue in his former classification. 

II. Any such person desiring to transfer his classification shall notify 
the board of trustees, prior to or at the time of his change of employ- 
ment status, of his intention to change his classification and shall request 
that the board note such change on its records. Upon his entry into the 
other classification he shall receive service credit in such classification 
for all service rendered prior to such transfer for which he was entitled 
to credit in his former classification provided that the amount of the ac- 
cumulated contributions to his credit under such former classification is 
equal to the accumulated value of the contributions which he would 
have made had he been in the new classification since he last became a 
member of this system or of one or more of the predecessor systems, as the 
case may be. If his accumulated contributions are less than such accumu- 
lated value, he may make up the difference, or he may make no payment 
and receive a reduction of equivalent actuarial value in his retirement 
allowance. If his accumulated contributions are greater than such ac- 
cumulated value, the amount of the excess shall be returned to him or 
considered as additional contributions under section 16. 

III. Upon transferring to such other classification, a member shall 
thereafter be eligible for such benefits or annuities as are provided by 
law under such classification including the credits for previous service in 
the classification from which he has transferred as provided in subsection 
II of this section; provided, however, that if he retires on a retirement 
allowance under the new classification within five years after such trans- 
fer, the benefits or annuities payable with respect to the service credited 
under the classification from which the transfer was made shall not be 
greater than those which would have been payable with respect to such 
service had he remained in such classification. 

100-A: 19 Call, Substitute or Volunteer Firemen. 

I. Call, substitute, or volunteer firemen to be eligible for the bene- 
fits hereinafter set forth must be accepted by their respective city, to'^v'n, 
precinct or organized volunteer company. All call, substitute, or volun- 
teer firemen who desire the benefits of this section shall make application 
to the board of trustees and pay the sum of six dollars per year, said 
amount to be paid in one sum, and shall give notice of their application 
for the benefits hereof to the treasurer or other disbursing officer of the 
city, town or precinct which employs them. The chief, clerk or other 
responsible officer of a fire company whose members have applied for 
the benefits of this section shall forward to the secretary of the board, on 
a form approved by the board, the number and the names of such mem- 



1967] Chapter 134 153 

bers as of July first of every year and shall also notify the board of any 
dismissals, resignations or deaths during the year of any of its members 
who were eligible for the benefits hereof. New members of such fire com- 
panies applying for the benefits of this section during the fiscal year, who 
are not replacing former members of their company who had applied 
for benefits hereunder shall be assessed the full amounts as set forth 
above, if their applications are received on or before December thirty- 
first of any year, but their eligibility for the benefits hereunder shall ex- 
tend only to June thirtieth of the following year or to the beginning of 
the new fiscal year. All new members of such fire companies, who are not 
replacing former members during the fiscal year and whose applications 
are received on or after January first of any year shall be assessed one-half 
the amount set forth above and shall be eligible for the benefits hereof 
only to June thirtieth of the same year or to the beginning of the new 
fiscal year. Members of such fire companies who, during the fiscal year, 
are replacing members who had applied for the benefits of this section 
but who are no longer members of the fire company, shall not be assessed, 
but shall be entitled to the benefits hereof to June thirtieth of the same 
fiscal year for which the member whom they are replacing was eligible. 
All assessments from call, substitute, or volunteer firemen, for any fiscal 
year beginning July first to June thirtieth of the following year, shall be 
paid on or before June thirtieth of that fiscal year in which application 
or renewal of application is received by the board; with the exception 
that, in case of total and permanent disability or accidental death of any 
member of a fire company who has made application for the benefits of 
this section, benefits accruing to such member or to his beneficiary shall 
not be paid until his assessment for that fiscal year has first been received 
by the board. 

II. Upon the application of a call, substitute or volunteer fireman 
who is eligible for benefits under this section, and who has become totally 
and permanently incapacitated as the natural and proximate result of 
an injury received while in the actual performance of fire duty at some 
definite time and place, without wilful negligence on his part, such fire- 
man shall receive an annual allowance not to exceed one thousand two 
hundred fifty dollars; provided he is found to be mentally or physically 
incapacitated for employment and that such incapacity is likely to be 
permanent. The fact of such fireman's permanent disability shall be 
established in a manner similar to that employed for determining the 
eligibility of a member for an accidental disability allowance under sec- 
tion 6 of this chapter, and, after the commencement of such allowance, 
said fireman shall be subject to the provisions of subsection III of said 
section 6, as if the same were part of this section. 

III. If, upon the receipt by the board of trustees of proper proof of 
the death of a call, substitute, or volunteer fireman who was eligible for 
benefits under this section indicating that such death was the natural 



154 Chapter 134 [1967 

and proximate result o£ an injury received while in the actual perform- 
ance of fire duty at some definite time and place, the board decides that 
death Avas the result of an accident in the performance of fire duty and 
■^vas not caused by Avilful negligence on the part of such fireman, an an- 
nual allowance equal to the allowance payable to the fireman on his be- 
coming totally and permanently disabled, as set forth in subsection II 
above, shall be payable to his widow, to continue during her widowhood; 
or if there is no "widow, or if the widow dies or remarries before the 
youngest child of the deceased fireman has attained age eighteen, then 
to his child or children under such age, divided in such manner as the 
board in its discretion shall determine, to continue as a joint and surviv- 
orship allowance for the benefit of such child or children under said age 
until every child dies or attains said age; or if there is no widow or child 
under age eighteen living at the death of the fireman, then to his de- 
pendent father or dependent mother as the board shall determine, to 
continue for life; provided that if none of the aforementioned beneficiaries 
is living at the death of the fireman no benefit shall be payable under 
the provisions of this subsection. 

IV. For purposes of this section, firemen shall be acknowledged as 
performing their fire duties when they are going to, returning from, or 
working at a fire or other public emergency; when performing all work 
within the scope of employment of the fireman under the expressed or 
implied authority of a superior officer; and in such other cases as the board 
may from time to time decide to be for the public interest. 

V. In the case of a call, substitute or volunteer fireman in receipt 
of an allowance under subsection II above as the result of a disability re- 
ceived in line of fire duty, who dies while in receipt of such allowance 
as the result of such injury received in the performance of fire duty, the 
payment of such allowance shall continue to his widow until she dies or 
remarries, or to his child or children until each reaches the age of eighteen 
years. 

Participation by Certain Employees 
of Political Subdivisions 

100-A:20 General Conditions for Participation. 

I. The governing board of any county, city, town, school district 
or other political subdivision of the state may, by resolution legally 
adopted, in form approved by the board of trustees, elect to have its 
officers and employees become eligible to participate in the retirement 
system. After such election, such body shall be known as an employer 
for purposes of this chapter. The board of trustees shall set the date when 
the participation of the officers and employees of any employer shall be- 
come effective, and then such officers and employees may become mem- 
bers and participate herein, as provided in this subdivision. Notwithstand- 



1967] Chapter 134 155 

ing anything to the contrary, employees of any employer who are mem- 
bers of one or more of the predecessor systems and who have not elected, 
pursuant to section 3, to become members shall not be entitled to become 
members; and employees who are members of any local retirement system 
other than a local retirement system for teachers shall be entitled to be- 
come members only as provided in section 21. "Local retirement system" 
for purposes of this subdivision shall mean any retirement system or other 
arrangement for the payment of retirement benefits in existence at the 
time of passage of this act, which is supported wholly or in part by public 
funds, exclusive of the predecessor systems as defined in section 1. 

II. Any governing board, as aforesaid, or authority which pursuant 
to either RSA 100:29 or 30 of the Employees' Retirement System of the 
State of New Hampshire elected to have its officers and employees become 
eligible to participate in that system and became an employer, as therein 
defined, shall, by virtue of said election become an employer as herein 
defined. Any members of that system, in the employ of such political 
subdivision or authority who, pursuant to the terms of section 3, elect to 
become members of this system as of January 1, 1968 or July 1, 1968, 
shall have the shares credited to their account in the employee annuity 
savings fund and the state annuity accumulation fund of said employees' 
retirement system transferred to the member annuity savings fund and 
the state annuity accumulation fund of the retirement system, respective- 
ly, in accordance with the provisions of section 16. Thereafter, all con- 
tributions on behalf of such members shall be made by such employer 
and member to the retirement system. 

100-A:21 Participation of Members of Local Retirement Systems. 

I. Should a majority of the members of any local retirement system 
elect to become members of the retirement system, by a petition duly 
signed by such members, and should their employer elect to have them 
participate by resolution legally adopted in form approved by the board 
of trustees of the retirement system, such employees shall participate in 
the retirement system as though such local retirement system were not 
in operation. The retirement allowances being paid by the local retire- 
ment system on the date such participation in the retirement system be- 
comes effective shall be continued and paid at their existing rates by 
the retirement system and the liability on this account shall be included 
in the computation of the accrued liability contribution payable by the 
employer as provided by section 24. Any cash and securities to the credit 
of the local retirement system shall be transferred to the retirement sys- 
tem as of the date participation begins. The trustees or other administra- 
tive head of the local retirement system as of the date of participation 
shall certify the proportion of any of the funds of the local retirement 
system that represents the accumulated contributions of the members 
and the relative shares of the members as of that date. Such shares shall 



156 Chapter 134 [1967 

be credited to the respective annuity savings account of such members 
in the retirement system as additional contributions. The balance of the 
funds transferred to the retirement system shall be offset against the ac- 
crued liability before determining the special accrued liability contribu- 
tion to be paid by the employer as provided by section 24. The operation 
of the local retirement system shall be discontinued as of the date par- 
ticipation becomes effective in the retirement system. 

II. Any members of any local retirement system who, pursuant to 
the provisions of RSA 100:33 of the Employees' Retirement System of 
the State of New Hampshire, elected to become members of said system 
and who, pursuant to the terms of section 3, elect to become members 
of the retirement system as of January 1, 1968 or July 1, 1968, shall have 
the shares credited to their account in the employee annuity savings fund 
and the state annuity accumulation fund of said Employees' Retirement 
System transferred to the member annuity savings fund and the state 
annuity accumulation fund of the retirement system respectively in ac- 
cordance with the provisions of section 16. The employer of those mem- 
bers who so elect shall become an employer for purposes of the retirement 
system and thereafter all contributions on behalf of such members shall 
be made by such employer and member to the retirement system. 

100-A:22 Modifications. Membership in the retirement system shall 
be optional for officers and employees of the employer who are in the 
service of the employer on the date when participation becomes effective, 
and any such officer or employee who elects to join the retirement system 
within one year thereafter shall be credited with prior service covering 
such periods of prior service rendered to such employer for which the 
employer is willing to make accrued liability contributions. Thereafter, 
service for such employer on account of which contributions are made by 
the employer and member shall also be considered as creditable service. 
Membership shall be compulsory for all employees entering the service 
of such employer after the date participation becomes effective. The chief 
fiscal officer of the employer, and the heads of its departments, shall sub- 
mit to the board of trustees such information and shall cause to be per- 
formed with respect to the employees of such employer, who are members 
of the retirement system, such duties as shall be prescribed by the board 
of trustees in order to carry out the provisions of this chapter. 

100-A:23 Benefits. 

I. Employees who become members of the retirement system under 
the provisions of sections 20 through 22 and on behalf of whom contribu- 
tions are paid as provided herein shall be entitled to benefits under the 
retirement system as though they were state employees, except that on 
or after five years from the date when participation becomes effective 
any such member in service who attained or who has attained age seventy, 
except an elected official, shall be retired forthwith or on the first day 



1967] Chapter 134 157 

of the next calendar month, unless an extension of service is granted by 
vote of the governing body. 

XL Notwithstanding the provisions of this section, any allowance or 
benefit provided for under this chapter which is computed by reference 
to the member's primary insurance amount or the survivor's insurance 
benefit shall not be payable with respect to a member whose service per- 
formed in the employ of the subdivision at the time of his retirement was 
not covered under an agreement between the state and the Secretary of 
Health, Education, and Welfare made under the provisions of RSA 
Chapter 101. 

100-A:24 Contributions. 

I. Employees who have become members of the retirement system 
under the provisions of this subdivision shall contribute at the same rates 
of contribution and on the same basis as state employees. 

II. Employers whose employees become members of the retirement 
system under the provisions of this subdivision shall make contributions 
in behalf of their employees corresponding to the contributions which 
the state makes in behalf of state employees, except that each employer 
shall make a special accrued liability contribution, which shall be deter- 
mined by an actuarial valuation of the accrued liability on account of 
the employees of such employer who elect to become members, in the 
same way as the accrued liability contribution is determined for state 
employees. The accrued liability contribution, as so determined, shall 
be payable by each employer in lieu of the accrued liability contribution 
payable by the state on account of state employees. The expense of mak- 
ing the valuation to determine the accrued liability upon which the an- 
nual contribution shall be based shall be assessed against and paid by 
the employer or employers on whose account the valuation is necessary. 

III. The contributions payable by employers whose employees par- 
ticipate in the retirement system shall be certified by the board of trustees 
to the chief fiscal officer of the employer and shall include a pro rata share 
of the cost of administration of the retirement system based upon the 
payroll of the employees of the employer ^vho are members. The amounts 
so certified shall be a charge against the employer. The chief fiscal officer 
of each such employer shall pay to the state treasurer the amount certi- 
fied by the board of trustees as payable under the provisions of this sub- 
division, and the state treasurer shall credit such amounts to the appropri- 
ate funds of the retirement system. 

IV. The agreement of any employer to contribute on account of its 
employees shall be irrevocable, but should an employer for any reason 
become financially unable to make the contributions payable on account 
of its employees as set forth in this subdivision, then such employer shall 



158 Chapter 134 [1967 

be deemed to be in default. All members of the retirement system who 
^vere employees of such employer at the time of default shall thereupon 
be entitled to discontinue membership and to a refund of their previous 
contributions upon demand made within ninety days thereafter. As of a 
date ninety days following the date of such default, the board shall have 
an actuary determine by actuarial valuation the amount of the reserves 
held on account of each remaining active member and beneficiary of 
such employer and shall credit to each such member and beneficiary the 
amount of reserves so held. The reserves so credited, together with the 
amount of the accumulated contributions of each such active member, 
shall be used to provide for him a paid-up deferred annuity beginning at 
age sixty-five, and the reserve of each beneficiary shall be used in pro- 
viding such part of his existing retirement allowance as the reserve so 
held will provide, which retirement allowance shall thereafter be payable 
to him. The rights and privileges of both active members and benefici- 
aries of such employer shall thereupon terminate, except as to the pay- 
ment of the deferred annuity so provided and the retirement allowance, 
or parts thereof, provided for the beneficiaries. 

100-A:25 Limitation on Payments. Notwithstanding anything to 
the contrary in this subdivision, the retirement system shall not be liable 
for the payment of any retirement allowance or other benefits on account 
of the employees or beneficiaries of any employer for which reserves have 
not been previously created from funds contributed by such employer, 
or its employees, for such benefits. 

Miscellaneous 

100-A:26 Exemption From Taxation and Execution. The right of 
a person to any benefit or to any other right accrued or accruing to any 
person under the provisions of this chapter, and the monies in the funds 
created hereby, shall be exempted from any state, county or municipal 
tax in the state, and shall not be subject to execution, trustee process, 
attachment or any other process whatsoever, legal or equitable, and shall 
be unassignable except as herein specifically provided. 

100-A:27 Protection Against Fraud. Any person ^vho shall know- 
ingly make any false statement or shall falsify or permit to be falsified 
any record or records of this retirement system in any attempt to defraud 
the system as a result of such act, shall be fined not more than five hun- 
dred dollars, or imprisoned not more than seven years, or both. Should 
any change or error in the records result in any member or beneficiary 
receiving from the system more or less than he would have been entitled 
to receive had the records been correct, the board of trustees shall have 
the power to correct such error, and to adjust as far as practicable the 
payments in such a manner that the actuarial equivalent of the benefit 
to which such member or beneficiary was correctly entitled shall be paid. 



1967] Chapter 134 159 

100-A:28 Limitation on Membership. This retirement system and 
the provisions hereof shall not apply to any person benefited by or en- 
titled to participate under any other provisions of law which provides 
wholly or in part at the expense of the state or any other employer, for 
retirement benefits for employees, teachers, permanent policemen, and 
permanent firemen employed by the state or such other employer, their 
widoAvs or other dependents, with respect to the same period of service 
for which they are eligible for benefits under the terms of this chapter. 
The provisions of this section shall not apply to any person participating 
in, or receiving or eligible to receive benefits under the old-age and sur- 
vivors insurance provisions of Title II of the federal Social Security Act, 
as amended. 

134:2 Teachers' Retirement — Membership. Amend RSA 192:3 
by striking out paragraphs I and II and inserting in their place the fol- 
lowing: 

I. Any person who is a member of the retirement system established 
by this chapter on June 30, 1967 shall continue to be a member there- 
after, unless on or before November 30, 1967 or May 1, 1968 he files with 
the board of trustees, on a form prescribed by the board, a notice of his 
election to become a member as of January 1, 1968 or July 1, 1968 of 
the New Hampshire Retirement System as provided by RSA 100-A:3, II., 
in which event his membership in this retirement system shall cease as 
of December 31, 1967 or June 30, 1968. 

II. Any person ^vho is not a member of the retirement system estab- 
lished by this chapter on July 1, 1967 or who becomes a teacher on or 
after that date shall not be eligible for membership in said retirement 
system. 

Further amend said section by repealing paragraph III relative to 
temporary teachers or teachers who are only partly paid by the state 
being members. 

134:3 Teachers' Retirement — Board of Trustees. Amend RSA 
192:10 by striking out the same and inserting in place thereof the follow- 
ing: 192:10 Administration. The administration of the retirement sys- 
tem established by this chapter is hereby vested in the board of trustees 
established by RSA 100-A:14 and it shall have Tvith respect to this system 
all the rights, powers, duties, restrictions, and immunities it has with 
respect to the retirement system established by RSA 100-A. 

134:4 Teachers' Retirement — State Annuity Accumulation Fund. 

Amend subparagraphs (b), (c), (d), and (e) of paragraph III of RSA 192:12 
by striking them out and inserting in their places the following: 

(b) The contributions of each employer for benefits under the re- 
tirement system shall consist of a percentage of the earnable compensa- 



160 Chapter 134 [1967 

tion of its members to be known as the "normal contribution", and an 
additional amount to be known as the "accrued liabihty contribution"; 
provided that any employer, other than the state, shall pay three-fifths of 
such total contributions, and two-fifths thereof shall be paid by the state; 
provided further that in case of state employees the state shall pay both 
normal and accrued liability contributions. The rate per cent of such 
normal contribution shall be fixed on the basis of the liabilities of the 
system as shown by actuarial valuation. 

(c) Immediately after making each valuation during the period over 
which the accrued liability contribution is payable, the board of trustees 
shall determine the percentage normal contribution rate as the uniform 
and constant percentage of the earnable compensation of the average 
new entrant member which, if contributed on the basis of his compensa- 
tion throughout his entire period of active service would be sufficient to 
provide for the payment of any state annuity payable on his account from 
contributions by the employer. Commencing with the valuation as of June 
30, 1969, the percentage normal contribution rate shall be determined 
after each actuarial valuation as the rate per cent of the earnable com- 
pensation of all members obtained by deducting from the total liabilities 
of the state annuity accumulation fund the amount of the unfunded 
accrued liability and the total amount of the funds in hand to the credit 
of that fund and dividing the remainder by one per cent of the present 
value of future compensation of all members. 

(d) Immediately following the actuarial valuation prepared as of 
June 30, 1968, the actuary shall determine the amount of the unfunded 
accrued liability as the amount of the total liabilities of the state annuity 
accumulation fund which is not dischargeable by the total of the funds 
in hand to the credit of the state annuity accumulation fund and the 
aforesaid normal contributions made on account of such members during 
the remainder of their active service. The amount so determined shall be 
known as the "unfunded accrued liability". On the basis of such unfunded 
accrued liability, the actuary shall determine the level annual contribu- 
tion required to discharge such amount over a period of twenty years 
from June 30, 1968. 

(e) The total amount payable to the state annuity accumula'tion 
fund in each year shall not be less than the normal contribution rate 
multiplied by the total earnable compensation of all members in each 
such year, plus the amount of the annual accrued liability contribution 
necessary to liquidate the unfunded accrued liability as determined by 
the actuary under subsection (d) above. 

134:5 Teachers' Retirement — Transfer of Powers. Amend RSA 
192:20 by striking out the same and inserting in place thereof the follow- 
ing: 192:20 Transfer of Powers and Duties. All po^vers and duties here- 
tofore conferred by law upon the teachers' retirement board shall be 



1967] Chapter 134 161 

transferred to the board of trustees established by RSA 100-A:14, which 
board in addition to its other duties shall be charged with the adminis- 
tration of the retirement system established under chapter 136, Revised 
Laws. 

134:6 Employees' Retirement — Membership. Amend RSA 100:3, 
as amended by 1955, 301, part IV: 2, by striking out paragraphs I and II 
and inserting in their place the following: 

I. Any person who is a member of the retirement system on June 30, 
1967 shall continue to be a member thereafter, unless on or before No- 
vember 30, 1967 or May 1, 1968 he files with the board of trustees, on a 
form prescribed by the board, a notice of his election to become a mem- 
ber as of January 1, 1968 or July 1, 1968 of the New Hampshire Retire- 
ment System as provided by RSA 100-A:3, II., in which event his mem- 
bership in the retirement system shall cease as of December 31, 1967 or 
June 30, 1968. 

II. Any person who is not a member of the retirement system estab- 
lished by this chapter on July 1, 1967 or who becomes an employee on 
or after that date shall not be eligible for membership in said retirement 
system. 

Further amend said section by repealing paragraph III relative to 
temporary employees or employees who are only partly paid by the state 
being members. 

134:7 Repeal. RSA 100:4 requiring court stenographers to become 
members of the employees' retirement system is hereby repealed. 

134:8 Employees' Retirement — Board of Trustees. Amend RSA 
100:12 by striking out the same and inserting in place thereof the fol- 
lowing: 100:12 Administration. I. The administration of the retirement 
system established by this chapter is hereby vested in the board of trustees 
established by RSA 100-A:14 and it shall have with respect to this system 
all the rights, powers, duties, restrictions, and immunities it has with re- 
spect to the retirement system established by RSA 100-A. 

II. All retirement allowances shall be payable in equal monthly 
installments which shall cease with the last monthly payment prior to 
death. 

134:9 Employees' Retirement — State Annuity Accumulation Fund. 

Amend subparagraphs (b), (c), (d), and (e) of paragraph III of RSA 100:14 
by striking them out and inserting in their places the following: 

(b) The contributions of the state for benefits under the retirement 
system shall consist of a percentage of the earnable compensation of mem- 
bers to be known as the "normal contribution", and an additional amount 
to be known as the "accrued liability contribution". The rate per cent 



162 Chapter 134 [1967 

of such normal contribution shall be fixed on the basis of the liabilities 
of the system as shown by actuarial valuation. 

(c) Immediately after making each valuation during the period 
over which the accrued liability contribution is payable, the board of 
trustees shall determine the percentage normal contribution rate as the 
uniform and constant percentage of the earnable compensation of the 
averasre new entrant member which, if contributed on the basis of his 
compensation throughout his entire period of active service would be 
sufficient to provide for the payment of any state annuity payable on his 
account from the contributions by the state. Commencing with the valua- 
tion as of June 30, 1969, the percentage normal contribution rate shall 
be determined after each actuarial valuation as the rate per cent of the 
earnable compensation of all members obtained by deducting from the 
total liabilities of the state annuity accumulation fund the amount of 
the unfunded accrued liability and the total amount of the funds in hand 
to the credit of that fund and dividing the remainder by one per cent 
of the present value of future compensation of all members. 

(d) Immediately following the actuarial valuation prepared as of 
June 30, 1968, the actuary shall determine the amount of the unfunded 
accrued liability as the amount of the total liabilities of the state annuity 
accumulation which is not dischargeable by the total of the funds in hand 
to the credit of the state annuity accumulation fund and the aforesaid 
normal contributions made on account of such members during the 
remainder of their active service. The amount so determined shall be 
known as the "unfunded accrued liability". On the basis of such unfunded 
accrued liability, the actuary shall determine the level annual contribu- 
tion required to discharge such amount over a period of twenty years 
from June 30, 1968. 

(e) The total amount payable to the state annuity accumulation 
fund in each year shall not be less than the normal contribution rate 
multiplied by the total earnable compensation of all members in each 
such year, plus the amount of the annual accrued liability contribution 
necessary to liquidate the unfunded accrued liability as determined by 
the actuary under subsection (d) above. 

134:10 Employees' Retirement — Limitations. Amend RSA 100:18 
by striking out in lines two and three the words "entitled to participate" 
and inserting in place thereof the word (participating) so that said section 
as amended shall read as follows: 100:18 Limitation on Membership. 
The retirement system and the provisions hereof shall not apply to any 
person benefited by or participating under any other provision of law 
which provides wholly or in part at the expense of the state or of any 
subdivision thereof, for retirement benefits for employees of the state, 
their widows, or other dependents. The provisions of this section shall 
not apply to any person participating in, or receiving or eligible to re- 



1967] Chapter 134 163 

ceive benefits under the old age and survivors insurance provisions of 
title II of the federal Social Security Act, as amended. 

134:11 Firemen's Retirement — Retirement Board. Amend RSA 
102:3 by striking out the same and inserting in place thereof the follow- 
ing: 102:3 Board of Trustees. The administration of the retirement 
system established by this chapter is hereby vested in the board of trustees 
established by RSA 100-A:14 and it shall have with respect to this system 
all the rights, powers, duties, restrictions, and immunities it has with re- 
spect to the retirement system established by RSA 100-A and the word 
"board" or phrase "retirement board" when used in this chapter, unless 
a different meaning is plainly required by the context, shall mean said 
board of trustees. 

134:12 Firemen's Retirement — Membership. Amend RSA 102:4 
by striking out the same and inserting in place thereof the following: 
102:4 Membership. Any permanent fireman in this state who prior to 
July 1, 1967 accepted the provisions of this chapter shall continue to be 
entitled to the benefits of this system thereafter, unless on or before No- 
vember 30, 1967 or May 1, 1968 he files with the board of trustees, on a 
form prescribed by the board, a notice of his election to become a mem- 
ber as of January 1, 1968 or July 1, 1968 of the New Hampshire Retire- 
ment System as provided by RSA 100-A: 3, II., in which event his entitle- 
ment to the benefits provided under this system shall cease as of December 
31, 1967 or June 30, 1968. Any permanent fireman who prior to July 
1, 1967 did not accept the provisions of this chapter or any person who 
becomes a permanent fireman on or after that date shall be ineligible to 
make application to accept the provisions of this chapter and shall not 
be entitled to the benefits hereof. 

134:13 Firemen's Retirement — State's Contribution. Amend RSA 
102:11 by striking out the same and inserting in place thereof the follow- 
ing: 102:11 Contribution of State to Retirement Fund. On account of 
each permanent fireman accepting the provisions of this chapter who 
does not, pursuant to section 4, elect to become a member as of January 
1, 1968 of the New Hampshire Retirement System as established by RSA 
100-A, there shall be appropriated annually by the state, for the purposes 
of this chapter, an amount which, together with the assessments provided 
in sections 9 and 10, shall be sufficient to meet the normal contribution 
and the accrued liability contribution. The normal contribution rate 
shall be determined as the uniform and constant percentage of the an- 
nual salary of the average new permanent fireman entering the system 
which, if contributed on the basis of his salary throughout his entire 
period of active service would be sufficient, together with the assessments 
provided in sections 9 and 10, to provide for the payment of any benefit 
payable on his account under this chapter. The accrued liability con- 
tribution shall be determined by the actuary as the amount necessary to 



164 Chapter 134 [1967 

liquidate the unfunded accrued liability as of June 30, 1968 over a period 
of twenty years from that date. The unfunded accrued liability is the 
amount of the total liabilities of the system which is not dischargeable 
by the funds in hand, the assessments and the normal contribution. After 
the determination of the unfunded accrued liability as of June 30, 1968, 
the normal contribution shall be determined after each actuarial valua- 
tion as the rate per cent of the annual salary of each participating per- 
manent fireman obtained by deducting from the total liabilities of the 
system the amount of the funds in hand, the present value of future as- 
sessments and the then current unfunded accrued liability and dividing 
the remainder by one per cent of the present value of the future salaries 
of all permanent firemen who are then participating in the system. 

134:14 Policemen's Retirement — Retirement Board. Amend RSA 
103:3 by striking out the same and inserting in place thereof the follow- 
ing: 103:3 Board of Trustees. The administration of the retirement 
system established by this chapter is hereby vested in the board of trustees 
established by RSA 100-A:14 and it shall have with respect to this system 
all the rights, powers, duties, restrictions, and immunities it has ^vith 
respect to the retirement system established by RSA 100-A and the word 
"board" or phrase "retirement board" when used in this chapter, unless a 
different meaning is plainly required by the context, shall mean said 
board of trustees. 

134:15 Policemen's Retirement — Membership. Amend RSA 103:4 
as amended by 1957, 50:1 by striking out the same and inserting in place 
thereof the following: 103:4 Membership. Any permanent policeman 
in this state who prior to July 1, 1967 accepted the provisions of this 
chapter shall continue to be entitled to the benefits of this system there- 
after, unless on or before November 30, 1967 or May 1, 1968 he files with 
the board of trustees, on a form prescribed by the board, a notice of his 
election to become a member as of January 1, 1968 or July 1, 1968 of 
the New Hampshire Retirement System as provided by RSA 100-A: 3, II., 
in which event his entitlement to the benefits provided under this system 
shall cease as of December 31, 1967 or June 30, 1968. Any permanent 
policeman who prior to July 1, 1967 did not accept the provisions of this 
chapter or any person who becomes a permanent policeman on or after 
that date shall be ineligible to make application to accept the provisions 
of this chapter and shall not be entitled to the benefits hereof. 

134:16 PoHcemen's Retirement — State's Contribution. Amend 
RSA 103:10 as amended by 1963, 238:3 by striking out the same and in- 
serting in place thereof the following: 103:10 Contribution by State. 
On account of each permanent policeman accepting the provisions of 
this chapter, who does not pursuant to section 4 elect to become a mem- 
ber as of January 1, 1968 or July 1, 1968 of the New Hampshire Retire- 
ment System as established by RSA 100-A, there shall be appropriated 



1967] Chapter 134 165 

annually by the state, for the purposes of this chapter, an amount which, 
together with the assessments provided in sections 7 and 9, shall be 
sufficient to meet the normal contribution and the accrued liability con- 
tribution. The normal contribution rate shall be determined as the 
uniform and constant percentage of the annual salary of the average new 
permanent policeman entering the system which, if contributed on the 
basis of his salary throughout his entire period of active service would 
be sufficient, together with the assessments provided in sections 7 and 9, 
to provide for the payment of any benefit payable on his account under 
this chapter. The accrued liability contribution shall be determined by 
the actuary as the amount necessary to liquidate the unfunded accrued 
liability as of June 30, 1968 over a period of twenty years from that date. 
The unfunded accrued liability is the amount of the total liabilities of 
the system which is not dischargeable by the funds in hand, the assess- 
ments and the normal contribution. After the determination of the 
unfunded accrued liability as of June 30, 1968, the normal contribution 
shall be determined after each actuarial valuation as the rate per cent 
of the annual salary of each participating permanent policeman obtained 
by deducting from the total liabilities of the system the amount of the 
funds in hand, the present value of future assessments and the then cur- 
rent unfunded accrued liability and dividing the remainder by one per 
cent of the present value of the future salaries of all permanent policemen 
who are then participating in the system. 

134:17 Boards and Terms of Office of Members Terminated. The 

board of trustees of the state employees' retirement system, the permanent 
firemen's retirement board, the New Hampshire police retirement board, 
and the board of trustees of the teachers' retirement system are all hereby 
dissolved, terminated, and declared to be no longer in existence and the 
terms of office of all the members of all four boards are hereby termin- 
ated. The board of trustees of the New Hampshire retirement system 
established by RSA 100-A, as inserted by section 1 of this act, shall have 
all the rights, powers, duties, obligations, restrictions, and immunities 
which each of the above four boards had or would have had if they had 
not been dissolved and terminated. 

134:18 Transfer of Employees. All employees of each of the boards 
of trustees existing pursuant to chapters 100, 102, 103, and 192 of RSA 
prior to the effective date of this act are hereby transferred to and made 
employees of the board of trustees established by RSA 100-A at no lower 
compensation and emoluments than they are receiving at the time of 
such transfer. 

134:19 Effective Date. This act shall take effect July 1, 1967. 
[Approved May 22, 1967.] 
[Effective date July 1, 1967.] 



166 Chapter 135 [1967 

CHAPTER 135. 

AN ACT RELATIVE TO THE SALE AND USE OF ELECTRIC FENCE CONTROLLERS. 

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

135:1 Requirements. Amend RSA 158 by inserting after section 25 
the following new subdivision: 

Electric Fence Controllers 

158:26 Sale and Use. No person or individual shall sell, utilize, in- 
stall or have installed within this state equipment, devices or methods 
whereby fence wires may be energized with electricity unless a standard 
type of controller is used which has the approval of the underwriters lab- 
oratories or the state fire marshal's office, or both. All existing fence con- 
trollers shall conform to the requirements of this section not later than 
one year from the effective date of this act. Enforcement of this act shall 
be the responsibility of the fire control board. 

158:27 Penalty. Any violation of the provisions of section 26 shall 
be punished by a fine of not more than one hundred dollars. 

135:2 Effective Date. This act shall take effect January 1, 1968. 
[Approved May 22, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 136. 

AN ACT AMENDING THE COOPERATIVE SCHOOL LAW RELATIVE TO BUDGETS. 

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

136:1 Budget Committee. Amend paragraph I of RSA 195:12-a as 
inserted by 1961, 206:6 and amended by 1963, 258:10 by striking out the 
same and inserting in place thereof the following: I. Budget Committee. 
A cooperative school district at an annual meeting, under a proper article 
in the w^arrant, may vote to establish a budget committee and may rescind 
such action in a like manner. The budget committee shall have the same 
number of members as the cooperative district school board plus one 
additional member from the school board as hereinafter provided in this 
paragraph. The terms of office and manner of election of members shall 
be determined in the same manner as for the cooperative school board 
with at least one member from each pre-existing district. Whenever it is 
voted to establish a budget committee, the moderator in the first instance 
shall appoint the members thereof except for the additional member 
appointed from the school board within fifteen days of the vote estab- 



1967] Chapter 137 167 

lishing the committee. The members appointed by the moderator shall 
serve until the next annual meeting when the meeting shall elect their 
successors. No member of the cooperative school board shall be appointed 
or elected to the budget committee except that the chairman of the co- 
operative school board shall appoint a member of the board to serve on 
the budget committee with all the powers and duties of any other member 
of the committee. After appointment or election the budget committee 
shall promptly organize and choose a chairman, vice chairman, and sec- 
retary. The secretary shall keep records of the proceedings of the budget 
committee, which shall be public records open to public inspection. Va- 
cancies on the budget committee shall be filled by appointment of the 
moderator within five days after the vacancy is called to his attention, or 
by the chairman of the cooperative school board if the vacancy is of the 
member appointed from the school board, within the same time limit. 

136:2 Cooperative School Budget. Amend paragraph II of RSA 
195:12-a as inserted by 1961, 206:6 and amended by 1963, 258:10 by add- 
ing at the end thereof the following: (and in so far as RSA 32 is applicable 
to the cooperative school budget), so that the paragraph as amended shall 
read as follows: II. Such cooperative school budget committee shall 
have the powers and duties of the municipal budget committee under 
the provisions of RSA 32 in so far as the budget for the cooperative school 
district is concerned and in so far as RSA 32 is applicable to the coopera- 
tive school budget. 

136:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 137. 

AN ACT RELATIVE TO THE FIRST MEETING OF A COUNTY CONVENTION. 

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

137:1 County Convention. Amend RSA 24:9-a (supp) as inserted 
by 1961, 199:1 by striking out the words "at two o'clock in the afternoon" 
so that said section as amended shall read as follows: 24:9-a First Meet- 
ing. The first meeting of the county convention shall be convened on 
the second Wednesday of each biennial session of the general court in 
the city or town where the house of representatives meets. 

137:2 Duty of Clerk of the House. Amend RSA 24:9-b (supp) as 
inserted by 1961, 199:1 and amended by 1965, 330:17 by striking out said 
section and inserting in place thereof the folloAving: 24:9-b — Notice. 



168 Chapter 138 [1967 

The clerk of the house of representatives shall fix the place for the first 
meeting of the county convention and shall print a notice of said first 
meeting in the journal of the house of representatives for two legislative 
days. 

137:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 138. 

AN ACT TO AUTHORIZE THE DESTRUCTION OF RECORDS IN DISTRICT AND 

MUNICIPAL COURTS. 

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

138:1 District Courts. Amend RSA 502-A by inserting after section 
27 (supp) as inserted by 1963, 331:1 the following new sections: 

502-A:27-a Destruction of Records. At the end of ten years after 
final disposition by any district court of any criminal cases or any juvenile 
proceedings the clerk of such court, with the approval of the justice there- 
of, may destroy or cause to be destroyed any and all of the following orig- 
inal records: complaints, warrants, petitions and other process; returns, 
appearances, pleadings, motions, reports, orders and sentences; and at 
the end of twenty years after final disposition by such court of any civil 
cases may destroy or cause to be destroyed any and all of the following 
original records: writs, returns, small claims statements and other process; 
appearances, pleadings, motions, orders, verdicts and judgments. 

502-A:27-b Retention of Dockets. The uniform docket and financial 
record shall be permanently bound by the clerk into volumes and these 
volumes together with all other permanently bound dockets shall be con- 
tinuously maintained as the official record of each district court. 

138:2 Municipal Courts. Amend RSA 502 by inserting after section 
15 (supp) as amended by 1959, 4: 1 the following new sections: 

502:15-a Destruction of Records. At the end of ten years after final 
disposition by any municipal court of any criminal cases or any juvenile 
proceedings the clerk of such court, with the approval of the justice 
thereof, may destroy or cause to be destroyed any and all of the following 
original records: complaints, warrants, petitions and other process, re- 
turns, appearances, pleadings, motions, reports, orders and sentences; 
and at the end of twenty years after final disposition by such court of 
any civil cases may destroy or caused to be destroyed any and all of the 



1967] Chapter 139 169 

following original records: writs, returns, small claims, statements and 
other process; appearances, pleadings, motions, orders, verdicts and judg- 
ments. 

502:15-b Retention of Dockets. The uniform docket and financial 
record shall be permanently bound by the clerk into volumes and these 
volumes together with all other permanently bound dockets shall be 
continuously maintained as the official record of each municipal court. 

138:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 139. 

AN ACT RELATIVE TO TAXATION OF ELECTRIC PLANTS AND PIPELINES. 

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

139:1 Property Taxable. Amend RSA 72:8 by striking out said 
section and inserting in place thereof the following: 

72:8 Electric Plants and Pipe Lines. Structures, machinery, dyna- 
mos, apparatus, poles, wires, fixtures of all kinds and descriptions, and 
pipe lines owned by a person or corporation operating as a public utility 
as defined in RSA 362:2 generating, producing, supplying and distribut- 
ing electric power or light, or in transporting natural gas, crude petro- 
leum and refined petroleum products or combinations thereof, shall be 
taxed as real estate in the town in which said property or any part of it is 
situated. 

139:2 Effective Date. This act shall take effect on passage. 
[Approved May 22, 1967.] 
[Effective date May 22, 1967.] 



CHAPTER 140. 

AN ACT TO RECLASSIFY CERTAIN SECTIONS OF BEAR ROCK ROAD IN THE 
TOWN OF STEWARTSTOWN. 

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

140:1 Bear Rock Road in Stewartstown. After the effective date of 
this act, the 0.60 miles of Class II highAvay in the town of Stewartstown 
known as the Bear Rock Road, beginning at the Guy Placey Road and 
running southeasterly 0.60 miles, is classified as a Class V highway. 



170 Chapter 141 [1967 

140:2 Class V Highway in Stewartstown. After the effective date of 
this act, the Class V portion of the Bear Rock Road in the town of Stew- 
artstOA\Ti beginning at Creampoke Road and running easterly 0.60 miles 
is classified as a Class II highway. 

140:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 141. 

AN ACT DESIGNATING ARBOR DAY. 

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

141:1 Reforestation. Amend RSA 221:19 as amended by 1957, 93:2 
by striking out the said section and inserting in its place the following: 
221:19 Arbor Day. For the purpose of encouraging the planting of shade 
and forest trees and the designation of a uniform day of celebration 
throughout the nation, the last Friday in April in each year is designated 
as a day for the general observance of that purpose, and it shall be known 
as Arbor Day. 

141:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 142. 

AN ACT RELATIVE TO CARELESS SHOOTING OF HUMAN BEINGS. 

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

142:1 Accidents. Amend RSA 207:37 by striking out said section 
and inserting in place thereof the following: 207:37 Shooting Human 
Beings. Any person, while on a hunting trip, or in pursuit of wild ani- 
mals or wild birds, who carelessly shoots and wounds or kills any human 
being, shall be fined not more than five hundred dollars or imprisoned 
not more than twelve months, or both, and in addition thereto his li- 
cense shall be revoked and he shall not be granted a license to hunt for 
a period of ten years. After ten years from the date of revocation his li- 
cense to hunt may be restored at the discretion of the director and the 
commission. Any person while in woodlands as defined in section 33 who 



1967] Chapter 143 171 

carelessly shoots and wounds or kills any human being shall not be issued 
a license to hunt or if he holds a hunting license said license shall be 
revoked and he shall not be granted a license to hunt for a period of ten 
years. After ten years from the date of revocation he may be granted a 
license to hunt at the discretion of the director and the commission. Per- 
sons convicted of carelessly shooting and wounding or killing a human 
being while hunting in another state shall not be issued a license to hunt 
in this state for a period of ten years from the date of conviction in such 
other state. 

142:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 143. 

AN ACT PROVIDING SPECIAL LIQUOR LICENSES FOR CERTAIN SKI AREAS. 

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

143:1 Liquor Licenses. Amend RSA 178 by inserting after section 
5-a as inserted by 1961, 137:1 the following new section: 178:5-b Ski 
Areas. The commission may issue a special license to any operator of a 
non-state owned ski area, or his designee, which area is equipped by at 
least any one of the passenger tramway devices as defined in RSA 225-A:2, 
I (a) through (e) inclusive. Such special license shall permit the licensee 
to serve liquor and beverages to patrons in such rooms located at the 
said ski area as may be designated by the commission and only during 
the hours set by the commission for such service in restaurant cocktail 
lounges. The commission may grant, regulate, suspend or revoke said 
special license without affecting any other license or permit which may 
have been granted by said commission. The fee for any such special li- 
cense shall be three hundred dollars a year. 

143:2 Effective Date. This act shall take effect upon its passage. 
[Approved May 22, 1967.] 
[Effective date May 22, 1967.] 



172 Chapter 144 [1967 

CHAPTER 144. 

AN ACT RELATR'E TO DIVIDENDS OF CREDIT UNIONS. 

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

144:1 Credit Unions. Amend RSA 394:26 (supp) as amended by 
1961, 156:2 and 1963, 306:8 by striking out the word "four" in line six 
and inserting in place thereof the word (five) so that said section as 
amended shall read as follows: 394:26 Directors' Powers. The board 
of directors shall have the oeneral direction of the affairs of the credit 
union, and shall meet monthly. It shall be their special duty to act upon 
all applications for membership and upon the expulsion of members; to 
determine the rate of interest to be charged on loans; to declare divi- 
dends; to declare interest on deposits not to exceed five per cent; to fix 
the maximum amount to be loaned any one member; to provide for the 
compensation of necessary clerical auditing assistance requested by the 
supervisory committee; and to fill vacancies on the board of directors 
and credit committee until new members shall be elected and qualified. 
At the annual or special meeting of the members, the board shall make 
recommendations relative to the entrance fee, if any, to be charged new 
members, the need for amendments to the by-laws, and any other matters 
upon which, in their opinion, the members should act at such meeting. 

- 144:2 Dividends. Amend RSA 394:42 (supp) as amended by 1961, 
258:4 and 1963, 306:11 by striking out the word "four" in line five and 
inserting in place thereof the word (five) so that said section as amended 
shall read as follows: 394:42 Declaring. At the annual meeting the board 
of directors shall report to the members the rate of dividend paid from 
income which has been actually collected during the dividend period 
next preceding, and which remains after the deduction of all expenses, 
interest on deposits not exceeding five per cent per annum and the 
amount required to be set apart as a guaranty fund, or that such dividend 
was paid in whole or in part from undivided earnings of preceding years, 
not to exceed twenty per cent thereof in any one year; provided that such 
earnings are a part of the surplus of the union in excess of all require- 
ments of the guaranty fund. 

144:3 Effective Date. This act shall take effect upon its passage. 
[Approved May 22, 1967.] 
[Effective date May 22, 1967.] 



1967] Chapter 145 173 

CHAPTER 145. 

AN ACT PROVIDING FOR THE PROTECTION OF THE SURFACE WATERS OF THE 
STATE BY PREVENTING THE DEPOSIT THEREIN OF RUBBISH AND WASTE. 

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

145:1 Protection of Surface Waters. Amend RSA 149:8 by inserting 
after paragraph V, as inserted by 1963, 48:1 the following new paragraph: 

VI. (a) It shall be unlawful for any person to put or place, or cause 
to be put or placed into a surface water of the state or on the ice over 
such waters, or on the banks of such waters, any bottles, glass, crockery, 
cans, scrap metal, junk, paper, garbage, tires, old automobiles or parts 
thereof, trees, or similar litter. 

(b) For any violation of this paragraph any authorized member or 
agent of the commission shall order the immediate removal of material 
involved in the violation, by the person responsible for the material in 
question. 

(c) If the person or persons responsible for a violation of subpara- 
graph (a) above, refuses or fails to obey the order of any authorized mem- 
ber or agent of the commission, said commission or authorized member 
or agent may contract for the removal of the material in question and the 
cost of the removal shall be recoverable by the state in an action of debt 
brought by the attorney general in the name of the state. 

(d) Any person responsible for a violation of subparagraph (a) above 
shall be subject to a fine of not less than twenty-five or more than one 
hundred dollars. 

145:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 22, 1967.] 
[Effective date July 21, 1967.] 



CHAPTER 146. 

AN ACT RELATIVE TO THE PREVENTION OF SEWAGE DISCHARGES FROM 

VESSELS. 

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

146:1 Sewage Discharges from Vessels. Amend RSA 149-A:2, as in- 
serted by 1957, 190:1, by striking out said section and inserting in place 
thereof the following: 149-A:2 Marine Toilets, Restrictions On. After 
the effective date hereof no marine toilet on any boat operated upon 



174 Chapter 146 [1967 

Abaters of the state shall be so constructed and operated as to discharge 
any sewage into said waters either directly or indirectly, nor shall any 
sewage or container of sewage be placed, left, discharged or caused to be 
placed, left or discharged in or near any waters of the state by any person 
at any time whether or not the owner, operator, guest or occupant of a 
boat; provided, however, that nothing herein shall prohibit such dis- 
charge to a municipal sewerage system or to any adequate sewage disposal 
system on shore. 

146:2 Registration. Amend RSA 149-A:7 as inserted by 1957, 190:1 
by striking out said section and inserting in place thereof: 149-A:7 Sus- 
pension of Registration. If, upon said inspection it shall appear that any 
marine toilet within or on a boat in operation on waters of the state is 
so constructed as to permit the discharge of any sewage to a surface water 
of the state contrary to the provisions of this chapter, the member, agent 
or inspector is directed not later than forty-eight hours thereafter to re- 
quire from the owner, operator, or any person on board said boat, pro- 
duction and surrender of its certificate and plate of registration. The 
owner, operator, or any person on board, shall have forty-eight hours 
from said production and surrender of certificate and plate of registration 
within which to remedy the defect. If, within said period said defect is 
remedied, the certificate and registration shall be returned. If, at the ex- 
piration of said forty-eight hours, the defect is not remedied, said mem- 
ber, agent, or inspector shall then endorse in ink upon said certificate or 
registration a brief statement of the nature of the violation and shall for- 
ward it forthwith by mail or in person to the department of safety, divi- 
sion of motor vehicles, where it shall be held by said division until receipt 
of written authority from the water pollution commission for its return, 
which authority shall include a statement that the specified violation 
has been remedied in accordance with the provisions hereof and regula- 
tions of the water pollution commission promulgated hereunder. 

146;3 Renewals. Amend RSA 149-A:11, as inserted by 1957, 190:1, 
by striking out said section and inserting in place thereof the following: 
149-A:11 Subsequent Registrations. Applications for original or renewal 
of certificates of registration from the department of safety, division of 
motor vehicles, subsequent to the effective date hereof, shall contain a 
statement subject to the penalties of perjury that the boat described 
therein or the boat on which the outboard is to be used is equipped in 
compliance herewith. 

146:4 EfiEective Date. This act shall take effect as of January 1, 1969. 
[Approved May 22, 1967.] 
[Effective date January 1, 1969.] 



1967] Chapter 147 175 

CHAPTER 147. 

AN ACT RELATIVE TO EXPANDED STATE ACTIVITY IN THE FIELD OF WATER 

POLLUTION CONTROL. 

Whereas, the water pollution control efforts of the several states have 
been receiving increasing federal attention, encouragement, and economic 
support throughout the period since 1956 when the government enacted 
the Water Pollution Control Act of 1956; and 

Whereas, the Federal Water Quality Act of 1965 (PL 89-234) , fully 
recognizing the need for expanded activity in this area of national con- 
cern, further requires that the state of New Hampshire very materially 
accelerate its program of classification and enforcement; and 

Whereas, the Governor's Committee on Codes of Water Quality and 
Water Pollution Abatement has studied and reported on the modifica- 
tions in state law and staffing necessary to meet the provisions of the Water 
Quality Act of 1965; now, therefore, 

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

147:1 Change in Name of Commission. Amend paragraph VI of 
RSA 149:1 by striking out said paragraph and inserting iri place thereof 
the following: VI. "Commission" means the New Hampshire water sup- 
ply and pollution control commission hereinafter established. 

147:2 Membership. Amend paragraph I of RSA 149:2 (supp) as 
amended by 1955, 96:1; 1961, 222:1 and 223:3; and 1965, 267:2 by striking 
out the same and inserting in place thereof the following: 

I. There is hereby created a commission to be known as the New 
Hampshire water supply and pollution control commission which shall 
consist of thirteen members, as follows: one member to be appointed by 
the governor with the consent of the council for a term of six years, who 
shall be the chairman of said commission; a member representing the 
public who shall b^e appointed by the governor with the consent of the 
council for a term of six years, who shall be vice-chairman of said com- 
mission; the director, division of public health services; the director of 
the fish and game department; the director of the division of parks; the 
director of the planning and research office, the division of economic 
development; the chairman of the water resources board; the commis- 
sioner of the department of safety; five members-at-large, two of whom 
shall represent the industrial interests of the state, one of whom shall rep- 
resent the vacation home or private recreational interests of the state, one 
of whom shall represent the agricultural interests of the state, and the 
other an employee of any municipal or privately-owned water works in 
the state. The members-at-large shall be appointed by the governor with 



176 Chapter 147 [1967 

the consent of the council, and all members appointed by the governor 
shall hold office for six years and until their successors shall be appointed 
and qualified. All appointive members shall receive no compensation 
for their services but shall receive necessary traveling and other expenses 
while engaged in actual work of the commission. The other members of 
the commission shall receive no additional compensation for their services 
as members of this commission other than their regular salaries or per 
diem expenses from their respective state departments, but shall receive 
their necessary traveling and other expenses while engaged in actual work 
of the commission, which said expenses shall be paid from the appropria- 
tions of this commission. 

147:3 Employees. Amend RSA 149:2 (supp) as amended by 1965, 
267 by inserting at the end thereof the following new paragraphs: 

IV. The executive director, subject to the approval of the commis- 
sion, shall appoint a deputy executive director and chief engineer, a chief 
aquatic biologist, and a director of municipal services and assistance. The 
foregoing personnel shall hold office during good behavior and may be 
removed only for cause and after being given a copy of the charges against 
them and an opportunity to be heard publicly on such charges. Said per- 
sonnel shall perform such duties as may be assigned to them by the execu- 
tive director, and in the case of the deputy executive director and chief 
engineer, he shall during the absence of the executive director perform 
all the duties and exercise all the powers of that office. 

V. The qualifications for the above positions shall be as follows: The 
deputy executive director and chief engineer shall be a professional engi- 
neer registered in New Hampshire and specializing in sanitary engineer- 
ing and having had a minimum of ten years responsible experience in 
the administration of major sanitary engineering programs at state, inter- 
state or federal levels. The chief aquatic biologist shall be a university 
graduate with an advanced degree in biology and shall have a minimum 
of ten years recent significant experience in the field of water supply and 
water pollution control. The director of municipal services and assistance, 
shall be a professional engineer registered in New Hampshire and special- 
izing in sanitary engineering and having had a minimum of seven years 
administrative experience, or a university graduate with an advanced de- 
gree in public health followed by at least ten years of recent significant 
experience in this or closely related fields. 

VI. The executive director, subject to the approval of the commis- 
sion shall appoint a pesticide surveillance scientist. Said scientist shall 
preferably have a master's degree in biology, chemistry or biochemistry 
or a related or similar field. His salary shall be as fixed by RSA 94:1. 

147:4 Standards for Classification of Surface Waters. Amend para- 
graph II of RSA 149:3, as amended by 1963, 26:2 by striking out said 



1967] Chapter 147 177 

paragraph and inserting in place thereof the following: II. Class B 
waters shall be of the second highest quality and shall have no objection- 
able physical characteristics, shall be near saturation for dissolved oxygen, 
and shall contain not more than two hundred forty coliform bacteria per 
one hundred milliliters. There shall be no disposal of sewage or waste 
into said waters except those which have received adequate treatment to 
prevent the lowering of the physical, chemical or bacteriological charac- 
teristics below those given above, nor shall such disposal of sewage or waste 
be inimical to fish life or to the maintenance of fish life in said receiving 
waters. The pH range for said waters shall be 6.5 to 8.0 except when due 
to natural causes. Any stream temperature increase associated with the 
discharge of treated sewage, waste or cooling water shall not be such as to 
appreciably interfere with the uses assigned to this class. The waters of 
this classification shall be considered as being acceptable for bathing and 
other recreational purposes and, after adequate treatment, for use as water 
supplies. 

147:5 Class C Waters. Amend paragraph III of RSA 149:3 by strik- 
ing out said paragraph and inserting in place thereof the following: III. 
Class C waters shall be of the third highest quality and shall be free from 
slick, odors, turbidity, and surface-floating solids of unreasonable kind 
or quantity, shall contain not less than five parts per million of dissolved 
oxygen; shall have a hydrogen ion concentration within the range of pH 
6.0 to 8.5 except when due to natural causes; and shall be free from chem- 
icals and other materials and conditions inimical to fish life or the main- 
tenance of fish life. Any stream temperature increase associated with the 
discharge of treated sewage, waste or cooling water shall not be such as 
to appreciably interfere with the uses assigned to this class. The waters 
of this classification shall be considered as being acceptable for recrea- 
tional boating, fishing, or for industrial water supply uses either with or 
without treatment depending upon individual requirements. 

147:6 Class D Waters. Amend paragraph IV of RSA 149:3 by strik- 
ing out said paragraph and inserting in place thereof the following: 

IV. Class D waters shall be the lowest classification and shall be free 
from slick, sludge deposits, odors, and surface-floating materials of un- 
reasonable kind, quantity or duration, taking into consideration the neces- 
sities of the industries involved, and shall contain not less than two parts 
per million of dissolved oxygen at all times. Any stream temperature in- 
crease associated with the discharge of treated sew^age, waste or cooling 
water shall result in a receiving water temperature not in excess of 90° F. 
The waters of this classification shall be aesthetically acceptable. Such 
water shall also be suitable for certain industrial purposes, power and 
navigation. 

147:7 Minimum Treatment. Amend sub-paragraph (a) of paragraph 
V of RSA 149:3 by striking out the same and inserting in place thereof 



178 Chapter 147 [1967 

the following: (a) For sewage, primary treatment and disinfection resulting 
in substantially complete disinfection and removal of all settleable and 
floatable materials. 

147:8 Engineering Services. Amend RSA 149:4 by inserting after 
paragraph XII (supp) as inserted by 1965, 368:2 by inserting at the end 
thereof the following new paragraphs: 

XIII. To review, approve, and co-sign contracts for engineering 
services related to sewerage and other pollution control facilities jointly 
with the municipality or other governmental subdivision concerned. 
Further, the commission shall prescribe the type of contract document 
to be employed and may provide for the assessment of liquidated damages 
for failure to complete the work within the time stipulated therefor. Ex- 
cept for the financial assistance available to municipalities under the 
provisions of RSA 149-B, nothing herein shall be construed to place any 
additional financial obligation on the state, the commission, or its per- 
sonnel. 

XIV. To establish rules and regulations governing the prequalifica- 
tion of consulting engineers employed in the planning and construction 
of public water supply and pollution control projects. The commission 
is further empowered to prescribe the contract award procedures to be 
followed in the awarding of construction contracts involving state finan- 
cial assistance. 

147:9 Enforcement of Classifi^cation. Amend paragraph III of RSA 
149:8 by striking out said paragraph and inserting in place thereof the 
following: 

III. It shall be unlawful for any person or persons to discharge or 
dispose of any sewage or waste to a surface water of the state without first 
obtaining a written permit from the commission. In granting such per- 
mits, the commission shall prescribe such degree of treatment as it deems 
reasonable and proper. The degree of treatment prescribed shall be 
based upon economic and technological factors, upon the projected best 
use of the surface waters downstream, and upon the classification enacted 
by the legislature. No permit shall be granted to utilize the entire dis- 
solved oxygen assets of the surface water. The commission may prescribe 
a monitoring program to be performed by the applicant with periodic 
reports to the commission. Permits shall be reviewed periodically in order 
to ensure compliance with the stream classification criteria and standards 
adopted by the legislature for the particular waters involved. Any de- 
termination by the commission under this paragraph shall be subject to 
appeal as provided for in RSA 149: 14. 

147:10 Marine Toilets. Amend RSA 149-A:3, as inserted by 1957, 
190:1 by inserting after the word "devices" in line eight the words (pro- 
vided, however, that no such sewage shall be discharged into any surface 



1967] Chapter 147 179 

waters of the state within five hundred feet of the shore-line) and by 
striking out the word "pollution" in lines six, seven and nine and insert- 
ing in each place thereof the words (supply and pollution control) so that 
said section as amended shall read as follows: 149-A:3 Marine Toilets, 
Manner of Operation. After the effective date hereof any marine toilet 
located on or within any boat operated on waters of this state shall have 
securely affixed to the interior discharge opening of such toilet a suitable 
treatment device in operating condition, constructed and fastened in ac- 
cordance with regulations of the water supply and pollution control com- 
mission or some other treatment facility or method authorized by regula- 
tion of the water supply and pollution control commission. All sewage 
passing into or through such marine toilets shall pass solely through such 
devices provided, however, that no such sewage shall be discharged into 
any surface waters of the state within five hundred feet of the shore-line. 
The water supply and pollution control commission shall have authority 
to carry out the provisions of this chapter by appropriate regulations. 

147:11 Municipal Requests for State Contributions. Amend RSA 
149-B as inserted by 1959, 267:1 by inserting at the end of said chapter 
after section 4 (supp) as inserted by 1965, 217:1 the following new section: 
149-B:5 Application Agreement. Applications for state grants under this 
chapter shall contain an agreement that the applicant has installed the 
pollution control facilities in accordance with the plans and specifications 
approved by the water supply and pollution control commission and will 
provide proper and efficient operation and maintenance of said facilities; 
that failure to install the facilities in accordance with said approved plans 
and specifications or to provide proper and efficient operation and main- 
tenance thereof shall result in loss of payments of the annual grant install- 
ment next following such failure. Said loss of payment of the annual grant 
installment shall continue in effect until such time as the applicant has 
completed the steps necessary to install the control facilities in accordance 
with plans and specifications approved by this commission and /or made 
provision for proper and efficient operation and maintenance of said 
facilities in accordance with commission instructions. It is further re- 
quired that the operators of pollution control facilities shall be certified 
as to their qualifications and ability to operate said facilities in accordance 
with appropriate regulations and procedures which the commission is 
hereby authorized to specify. 

147:12 Municipal Budget Law. Amend RSA 32 by inserting after 
section 10-a (supp) as inserted by 1959, 78:3 and amended by 1961, 69:2 
the following new section: 32:10-b Exceptions. In cases where the town 
or a village district wholly within the town has been ordered by the water 
supply and pollution control commission, under the provisions of RSA 
147, 148, or 149, to install, enlarge or improve waterworks or to install, 
enlarge or improve sewerage, sewage, or waste treatment facilities, the 
provisions of sections 8 and 9 of this chapter shall not apply. 



180 Chapter 147 [1967 

147:13 New Chapter. Amend RSA by inserting after chapter 149-D 
(supp) as inserted by 1965, 368: 1 the following new chapter: 

Chapter 149-E 

Sewage Disposal Systems Near Shorelines 

149-E: 1 Declaration of Purpose. The purpose of this chapter is to 
protect water supplies and to prevent pollution in the surface waters of 
the state as defined in RSA 149 by inadequate sewer or waste disposal 
systems near shorelines. In exercising any and all powers conferred upon 
it by this chapter, the New Hampshire water supply and pollution control 
commission shall be governed solely by criteria relevant to the declaration 
of purpose contained in this section. 

149-E:2 Definitions. As used in this chapter unless the context indi- 
cates otherwise: 

I. "Near shorelines" means any land bordering on the surface waters 
of the state and/or within one thousand feet of the water line at maximum 
water line elevation or the watershed ridge line whichever is nearer the 
maximum water line elevation. 

II. "Sewage" means the water-carried waste products from buildings, 
public or private, together with such groundwater infiltration and surface 
water as may be present. 

III. "Industrial waste" means any liquid, gaseous or solid waste sub- 
stance resulting from any process of industry, manufacturing trade or 
business or from development of any natural resources. 

IV. "Other wastes" means garbage, municipal refuse, decayed wood, 
sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other 
substances other than sewage or industrial wastes, and any other substance 
harmful to human, animal, fish or aquatic life. 

V. "Waste" means industrial waste and other wastes. 

VI. "Commission" means the New Hampshire water supply and 
pollution control commission. 

VII. "Person" means any municipality, governmental subdivision, 
public or private corporation, individual, partnership, or other entity. 

VIII. "Subdivision" means the division of a tract or parcel of land 
into two or more lots, tracts, or parcels for the purpose, whether immedi- 
ate or future, of sale, rent, lease, building development, or any other 
reason; provided, however, that a sale or other conveyance which involves 
merely an exchange of land among two or more owners and which does 
not increase the number of owners, and on which no sewage disposal 
system is to be constructed shall not be deemed a subdivision for the pur- 
poses of this chapter. 



1967] Chapter 147 181 

IX. "Subdivider" means the legal owner or his authorized agent of 
a tract or parcel of land being subdivided. 

X. "Lot" means a part of a subdivision or a parcel of land which 
can be used as a building site or intended to be used for building pur- 
poses, whether immediate or future. 

XI. "Tract or parcel of land" means an area of land, whether sur- 
veyed or not surveyed. 

XII. "Development plan" means the final map, drawing, plat or 
chart on which the subdivider presents his plan of subdivision to the 
water supply and pollution control commission for approval of planned 
or proposed sewage or waste disposal systems. 

149-E:3 Submission and Approval of Plans and Specifications. 

I. Any person proposing either to subdivide land near any shoreline, 
or to construct a sewage or waste disposal system near any shoreline shall 
submit two copies of plans for any such subdivision of land and two copies 
of plans and specifications for any sewage or waste disposal systems which 
will be constructed near any shoreline or on any subdivision or lot for 
approval in accordance with the requirements of the water supply and 
pollution control commission as hereinafter provided. The water supply 
and pollution control commission shall implement the requirement set 
forth herein relating to the submission of plans and specifications to the 
commission by promulgating such rules and regulations as it deems neces- 
sary to fully effectuate the purposes of this chapter. Such rules and regu- 
lations shall be promulgated in the manner hereinafter provided in RSA 
149-E:5, III. Without limitation of the foregoing, such rules and regula- 
tions shall specify when and where such plans and specifications are to 
be submitted, what details, data and information are to be contained in 
such plans and specifications, what tests are to be required, what standards, 
procedures and criteria are to be applied and followed in constructing any 
sewage or waste disposal system near any shoreline, and other related 
matters. For any part or parts of the subdivisions where construction or 
waste disposal is not contemplated, only the lot lines, and property boun- 
daries drawn to scale and general soil and related data shall be required. 
The constructed sewage or waste disposal systems shall be in strict accord- 
ance with approved plans, and said facilities shall not be covered or placed 
in operation without final inspection and approval by an authorized 
agent of the commission. All inspections by the commission shall be ac- 
complished within seven business days after receipt of written notification 
from the builder that such system is ready for inspection. 

II. The commission shall give notice in writing to the person sub- 
mitting the plans and specifications of its approval or disapproval of such 
plans and specifications within thirty days of the date they are received 
by the commission. Unless such written disapproval shall be mailed to the 



182 Chapter 147 [1967 

person submitting the plans and specifications within thirty days from 
the date of receipt by the commission, the plans and specifications shall 
be deemed to have been approved. The commission shall send a copy of 
the approval or disapproval of such plans and specifications to the plan- 
ning board or board of selectmen of the affected municipality. 

III. No person shall construct any building from which sewage or 
other wastes will discharge near shorelines or construct a sewage or 
waste disposal system near shorelines without prior approval of the plans 
and specifications of the sewage or waste disposal system by the commis- 
sion. Nothing herein shall be construed to modify or lessen the powers 
conferred upon local authorities by other statutes; provided, however, 
that in all instances the requirements contained in this chapter shall be 
considered as minimum. 

IV. No plans and specifications shall be required whenever the pro- 
posed sewage or waste disposal system near any shoreline will be con- 
nected to any public sewer system operated by any municipality or other 
governmental body within the state. 

V. The commission shall require soil data describing soils types 
and their physical and related characteristics as exist in the proposed 
subdivision. Such soil data will consist of soils maps and charts as pre- 
pared by the U. S. Department of Agriculture, Soil Conservation Service, 
or equivalent. The data provided by the soils map will supplement the 
information obtained by percolation tests and such other independent 
examination as the commission may require to establish the adequacy of 
the proposed sewage or waste disposal facilities. 

VI. Lot sizes will be in accordance with the type of soil and its ability 
to absorb wastes without polluting water supplies or adjoining waters. 

VII. In all cases involving inspection of sewage or waste disposal 
systems in cities or towns which employ a full time health officer and/or 
building inspector, the commission may delegate to such officer or in- 
spector the responsibility for inspecting the proposed system as required 
under paragraph I of this section. In cities and towns which do not main- 
tain full time health officers and/or building inspectors, the commission 
may delegate the responsibility for such inspections to any local official 
deemed qualified by the commission to fulfill the requirements of para- 
graph I of this section. All inspections delegated by the commission under 
this paragraph to health officers, building inspectors or any other local 
officials shall be accomplished within two business days after receipt of 
written notification from the builder that such system is ready for in- 
spection. 

149-E:4 Reconsideration and Appeal Procedure. If any person sub- 
mitting plans and specifications to the commission for its approval is 
aggrieved or dissatisfied with its decision, he may file a motion for recon- 



1967] Chapter 147 183 

sideration and shall have a right of appeal from the decision of the com- 
mission in the following manner: 

I. Motion for Reconsideration. Within twenty days after any de- 
cision of the commission, any person whose rights may be directly affected 
may apply to the commission for reconsideration of any matter determined 
by the commission in its decision, specifying in the motion for recon- 
sideration the grounds therefor, and the commission may reconsider and 
revise its decision if in the opinion of the commission good reason therefor 
is stated in said motion. 

II. Specifications. Such motion shall set forth fully every ground 
upon which it is claimed that the decision of the commission is unlawful 
or unreasonable. No appeal from any decision of the commission shall 
be taken unless the appellant shall have made application for reconsid- 
eration as herein provided, and when such application shall have been 
made, no ground not set forth therein shall be urged, relied on, or given 
any consideration by the court, unless the court for good cause shown 
shall allow the appellant to specify additional grounds. 

III. Action on Motion. Upon the filing of such motion for recon- 
sideration the commission shall within ten days either grant or deny the 
same, and shall thereby either affirm, or modify, revise, or reverse its 
decision. 

IV. Appeal from Decision on Motion for Reconsideration. Within 
thirty days after the application for reconsideration is denied, or if the 
application is granted, then within thirty days after the decision on such 
reconsideration, the applicant may appeal by petition to the superior 
court. 

V. Burden of Proof. Upon the hearing the burden of proof shall be 
upon the party seeking to set aside the decision of the commission to show 
that the same is unreasonable or unlawful, and all findings of the com- 
mission upon all questions of fact properly before it shall be deemed to 
be prima facie lawful and reasonable; and the order or decision appealed 
from shall not be set aside or vacated, except for errors of law, unless the 
court is persuaded by the balance of probabilities, on the evidence before 
it, that said decision is unjust or unreasonable. 

VI. Parties. Any person whose rights may be directly affected by 
said appeal may appear and become a party, or the court may order such 
persons to be joined as parties as justice may require. 

VII. Procedure. Upon the filing of an appeal, the clerk of court shall 
issue an order of notice requiring a certified copy of the record appealed 
from to be filed with the court. The filing of an appeal shall not suspend 
the decision appealed from, unless the court, on application and for good 
cause shown, shall grant a restraining order. 



184 Chapter 147 [1967 

VIII. Evidence; How Considered. All evidence transferred by the 
commission shall be, and all additional evidence received may be, con- 
sidered by the court regardless of any technical rule which might have 
rendered the same inadmissable if originally offered in the trial of an 
action at law. 

IX. Judgment. The final judgment upon every appeal shall be a 
decree dismissing the appeal, or vacating the decision complained of in 
whole or in part, as the case may be; but in case such decision is wholly 
or partly vacated the court may also, in its discretion, remand the matter 
to the commission for such further proceedings, not inconsistent with the 
decree, as justice may require. 

X. Appeals to Court; Certifying Record. An order of court to send 
up the record may be complied with by filing either the original papers 
or duly certified copies thereof, or of such portions thereof as the order 
may specify, together with a certified statement of such other facts as show 
the grounds of the action appealed from. 

XI. Hearing, etc. The court may take evidence or appoint a referee 
to take such evidence as it may direct and report the same with his findings 
of fact and conclusions of law. 

XII. Costs. Costs shall not be allowed against the commission unless 
it shall appear to the court that it acted with gross negligence, or in bad 
faith, or with malice in making the decision appealed from. 

XIII. All proceedings under this chapter shall be entitled to a speedy 
hearing. If such hearing cannot be had within thirty days after the filing 
of the appeal, upon request of the appellant the matter shall be referred 
to a master. 

149-E:5 Duties of Commission. It shall be the duty of the water sup- 
ply and pollution control commission and it shall have the power and 
authority: 

I. To exercise general supervision over the administration and en- 
forcement of this chapter. 

II. To employ such personnel and assistance as may be necessary. 

III. To adopt such rules, regulations, standards and procedures as 
may be required to implement the provisions of this chapter. Before 
adopting any such rules and regulations, the commission shall hold a 
public hearing on the proposed rules and regulations, at which hearing 
all interested parties shall be heard relative to their view on such pro- 
posed rules and regulations. A notice setting forth the proposed rules and 
regulations shall be published for three successive weeks in a newspaper 
generally circulated throughout the state. The last notice shall be pub- 
lished at least seven days before the hearing date. The notice shall stipu- 



1967] Chapter 147 185 

late the time and place where a public hearing on the proposed rules and 
regulations shall be held. The procedure for review of the orders of the 
commission promulgating any such rules and regulations shall be that 
prescribed by RSA 541. The commission may in its discretion waive the 
application of any of its rules or regulations promulgated hereunder 
whenever it finds that a literal application of such rules and regulations 
would impose an undue or unnecessary hardship upon any person and 
such waiver would be consistent with the purposes and provisions of this 
chapter and so that the spirit of the chapter shall be observed and sub- 
stantial justice done. 

IV. In instances where no practicable system exists which will pre- 
vent pollution of surface waters of the state, to prohibit construction 
until such time as an acceptable method is available. 

149-E:6 Enforcement. Whenever it is found that a sewage or waste 
disposal system or any building from which waste is being discharged is 
being or has been constructed near any shoreline after the effective date 
of this chapter without prior approval of the commission, the commission 
shall issue an order to cease and desist such construction or use and shall 
notify the appropriate local authorities. Upon certification by the com- 
mission, local officials are hereby authorized and fully empowered to 
exercise concurrent jurisdiction in the enforcement of this chapter. 

149-E:7 Penalties. Any person who shall violate any of the provisions 
of this chapter or who shall fail, neglect, or refuse to obey any order of 
the commission or member or authorized agent of the commission issued 
under authority of this chapter shall be fined not more than one thousand 
dollars for such violation, failure, neglect, or refusal. 

149-E:8 Injunction to Enforce. On application of the commission, 
the superior court or any justice thereof, in term time or in vacation, may 
enjoin any act in violation of this chapter. 

147:14 Application of Statutes; Promulgation of Initial Regulations 
under RSA 149-E:3, I. Whenever reference is made in the Revised 
Statutes Annotated or in the statutes generally to the water pollution 
commission, it shall henceforth be construed to mean the water supply 
and pollution control commission. The initial rules and regulations re- 
quired to be promulgated under the provisions of RSA 149-E:3, I, shall 
be promulgated by the commission, in accordance with the procedure set 
forth in RSA 149-E:5, III, within four weeks after the date of the passage 
of this act. Notwithstanding the provisions of RSA 149-E:5, III, the initial 
rules and regulations proposed by the commission do not have to be pub- 
lished in a newspaper; provided, however, that copies of such proposed 
rules and regulations shall be made available by the commission to all 
interested parties before the scheduled hearing and that the notice which 
is published will indicate that such copies are available upon request. 



186 Chapter 148 [1967 

147:15 Reclassification of Waters. All surface waters of the state 
heretofore or hereafter classified as Class B-1 or Class B-2 waters are hereby 
reclassified as Class B waters. 

147:16 Tenure of Incumbents. Notwithstanding any other provi- 
sions hereof the incumbent appointive members of the water pollution 
commission in office on the effective date of this act shall remain in office 
until their successors are appointed and qualified. 

147:17 Continuation in Ofl&ce of Certain Officials. The chief water 
pollution engineer in office at the effective date of this act shall become 
the first deputy executive director and chief engineer of the water supply 
and pollution control commission. The director of municipal services 
and assistance in office at the effective date of this act shall continue in 
office subject to the provisions of this act. 

147:18 Repeal. Paragraph XI of RSA 149:4 (supp) as inserted by 
1965, 368:2 relative to pesticide surveillance scientist is hereby repealed. 

147:19 Effective Date. The provisions of section 14 of this act rela- 
tive to the promulgation of initial rules and regulations shall take effect 
on the date of passage and all other provisions of this act shall take effect 
July 1, 1967. 

[Approved May 24, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 148. 

AN ACT RELATIVE TO STATE GUARANTEE OF MUNICIPAL BONDS AND WATER 

POLLUTION PROJECTS. 

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

148:1 Water Pollution Projects. Amend RSA 149:5 (supp), as 
amended by 1957, 213:2; 1961, 182:1; 1963, 167:1 and 1966, 3:1 by strik- 
ing out the word "thirty-five" in line five and inserting in place thereof 
the word (fifty-five) and by striking out the word "thirty-five" in line 
fourteen and inserting in place thereof the word (fifty-five) so that said 
section as amended shall read as follows: 149:5 State Guarantee. In view 
of the general public benefits resulting from the elimination of pollution 
from the public waters of the state, the governor and council are author- 
ized in the name of the state of New Hampshire to guarantee uncondi- 
tionally, but at no time in excess of the total aggregate sum for the entire 
state of fifty-five million dollars, the payment of all or any portion, as 
they may find to be in the public interest, of the principal of and interest 
on any bonds or notes issued by any municipality, town, city, county, or 
district for construction of sewage systems, sewage treatment and dis- 



1967] Chapter 149 187 

posal plants, or other facilities necessary, required or desirable for pollu- 
tion control, and the full faith and credit of the state are pledged for any 
such guarantee. The outstanding amount of principal and interest on 
such bonds and notes, the payment of which has been guaranteed by the 
state under the provisions of this section, shall at no time exceed the 
amount of fifty-five million dollars. The state's guarantee shall be en- 
dorsed on such bonds or notes by the state treasurer; and all notes or 
bonds issued with state guarantee shall be sold (1) at public sealed bid- 
ding, (2) after publication of advertisement for bids, (3) to the highest 
bidder. Any and all such bids may be rejected and a sale may be negoti- 
ated with the highest bidder. In the event of default in payment of any 
such notes or bonds, the state may recover any losses suffered by it by 
action against the town as provided in RSA 530. 

148:2 Effective Date. This act shall take e£Fect upon its passage. 
[Approved May 25, 1967.] 
[Effective date May 25, 1967.] 



CHAPTER 149. 

AN ACT TO AUTHORIZE TOWNS TO MAKE BY-LAWS REGULATING THE 
OPERATION OF MOTOR VEHICLE RACE TRACKS. 

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

149:1 Regulation of Motor Vehicle Race Tracks. Amend RSA 31 
by inserting after section 41 the following new section: 31:41-a Motor 
Vehicle Race Tracks. Towns shall have the power to make by-laws re- 
lating to the regulation and licensing of motor vehicle race tracks within 
the limits of the town, and may fix fees not to exceed one hundred dollars 
annually for the operation of such race tracks, and may enforce the ob- 
servance of such by-laws by suitable penalties not exceeding twenty-five 
dollars for each offense, to inure to such uses as said towns may direct. 
For the purposes of this section, a motor vehicle shall be defined as any 
self-propelled vehicle, except tractors, activated by an internal combus- 
tion engine and not operated exclusively on stationary tracks. 

149:2 Regulation by Selectmen. Amend RSA 31:42 by striking out 
in line two the word and figure "section 41" and inserting in place thereof 
the words and figures (sections 41 or 41-a); further amend said section 
by inserting in line three after the word "theatres" the words (or motor 
vehicle race tracks); further amend said section by striking out in line 
eight the words and figure "said section 41" and inserting in place thereof 
the words and figures (sections 41 or 41-a) so that said section as amended 
shall read as follows: — 31:42 Regulation by Selectmen. Prior to adop- 
tion of by-laws by a town under the provisions of sections 41 or 41-a the 



188 Chapter 150 [1967 

selectmen may regulate the operation of open-air motion picture theatres 
or motor vehicle race tracks within the limits of the town and fix reason- 
able fees for such operation, provided that such regulations made by the 
selectmen shall only be effective until the next annual town meeting and 
provided further that nothing herein contained shall be deemed to pro- 
hibit the town from adopting by-laws in accordance with the provisions 
of sections 41 or 41 -a, at any special town meeting, which shall supersede 
any regulations made by the selectmen. 

149:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 25, 1967.] 
[Effective date July 24, 1967.] 



CHAPTER 150. 

AN ACT RELATIVE TO UNLICENSED DOGS. 

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

150:1 Warrants; Proceedings. Amend RSA 466:14 (supp) as amend- 
ed by 1965, 325:2 by striking out the word "May" in line two and insert- 
ing in place thereof the word (June) and by striking out the words "and 
any person may," in line eight so that said section as amended shall read 
as follows: 466:14 Warrants; Proceedings. The mayor of each city and 
the selectmen of each town shall annually, within ten days from June 
first, issue a warrant to one or more police officers or constables, directing 
them to proceed forthwith either to collect the fees due and pay them 
over to their respective town or city clerk, or to kill or cause to be killed 
all dogs within such city or town not licensed and collared according to 
the provisions of this chapter, and to enter complaint against the owners 
or keepers thereof; and every police officer and constable shall, kill or 
cause to be killed all such dogs, whenever and wherever found. 

150:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 25, 1967.] 
[Effective date July 24, 1967.] 



1967] Chapter 151 189 

CHAPTER 151. 

AN ACT RELATIVE TO SALARY FOR THE REGISTER OF DEEDS OF BELKNAP 

COUNTY. 

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

151:1 Register of Deeds. Amend RSA 478 by inserting after section 
17-b (supp) as inserted by 1965, 292:2 the following new section: 

478:17-c Fees. The register of deeds for Belknap county shall charge 
the following fees for documents recorded in, or services rendered by his 
office. 

I. For recording deeds, mortgages, leases, agreements, attachments, 
and like documents, three dollars for the first recorded page, plus two 
dollars for each additional recorded page. However, if the instrument 
contains the names of more than one grantor and one grantee an addi- 
tional fee of fifty cents shall be charged for indexing the names of each 
additional grantor or grantee, 

II. For recording discharge of real estate attachment, or marginal 
assignment, release or discharge of real estate mortgage, two dollars. 

III. For each transfer furnished pursuant to section 14 of this chap- 
ter, fifty cents. 

IV. For recording plans, five dollars for the first two hundred square 
inches thereof with one dollar for each additional one hundred square 
inches or part thereof. 

V. For copying any document, the price to be established and posted 
by the register of deeds. 

151:2 Belknap County. Amend RSA 478 by inserting after section 
28 (supp) as inserted by 1965, 377:1 the following new subdivision: 

Register for Belknap County 

478:29 Receipts. The register of deeds for Belknap county shall pay 
over monthly to the county treasurer all fees received by him as such 
register. 

478:30 Salary. The register of deeds for Belknap county shall be 
paid an annual salary of six thousand five hundred dollars plus ten per 
cent of the total fees collected by him. 

478:31 Assistants. The register of deeds for Belknap county is au- 
thorized to employ such assistants as may be required; and to fix their 
salaries, subject to the approval of the executive committee of the county 



190 Chapter 152 [1967 

convention. The salaries of the assistants and any other expenses of the 
office of the register of deeds shall be paid by the county. 

151:3 Application of Statutes. The provisions of RSA 478:17 rela- 
tive to fees shall not apply to the fees collected by the register of deeds 
for Belknap county. 

151:4 Effective Date. This act shall take effect January 1, 1968. 
[Approved May 25, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 152. 

AN ACT TO PROVIDE THAT TUITION PAYMENT OBLIGATIONS OF AN AREA 

SENDING DISTRICT ARE NOT INDEBTEDNESS FOR THE PURPOSE 

OF DETERMINING BORROW^ING CAPACITY. 

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

152:1 Tuition not Deemed Indebtedness. Amend RSA 195-A:1 IX 
(supp) as inserted by 1963, 277:1 and amended by 1965, 112:1 and 311:1 
by adding at the end thereof the following sentence: (The obligation of 
a sending district to pay tuition to a receiving school shall not be deemed 
indebtedness of such district for the purpose of determining its borro"\v- 
ing capacity under RSA 33.) so that said paragraph as amended shall read 
as follows: IX. "Tuition" shall mean the sum of money which each send- 
ing district is obligated to pay to the receiving district to defray the cost 
of education of each of its resident pupils, for a school year, at the area 
school in the receiving district to which such pupils are assigned and it 
may be subdivided into elementary school tuition, junior high school 
tuition, high school tuition, or any other reasonable combination of 
grades, and shall be fixed as provided in section 3 of this chapter. Tui- 
tion may include an annual rental charge per pupil. The obligation of 
a sending district to pay tuition to a receiving school shall not be deemed 
indebtedness of such district for the purpose of determining its borrow- 
ing capacity under RSA 33. 

152:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 25, 1967.] 
[Effective date July 24, 1967.] 



1967] Chapter 153 191 

CHAPTER 153. 

AN ACT RELATIVE TO COMPENSATION OF SHERIFF AND DEPUTY SHERIFF OF 

CARROLL COUNTY. 

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

153;1 Carroll County. Amend RSA 104:29 I, (supp) as inserted by 
1965, 162:1 and amended by 1965, 190:1 and 1965, 263:1 by striking out 
the words "(c) In Carroll, twelve hundred dollars" so that said paragraph 
as amended shall read as follows: 

I. The annual salaries of sheriffs of the several counties shall be as 
follows: 

(a) In Strafford, two thousand dollars. 

(b) In Belknap, fifteen hundred dollars, payable in twelve monthly 
installments. 

(c) In Merrimack, two thousand dollars. 

(d) In Hillsborough, two thousand four hundred dollars. 

(e) In Coos, two thousand dollars. 

153:2 Sheriff's Salary. Amend RSA 104:29 (supp) as amended by 
1955, 172:1; 247:1, 1957, 156:1; 309:4, 1961, 175:1, 1963, 129:1, 1965, 
162:1; 190:1; 263:1 by inserting at the end thereof the following new 
paragraph: 

VI. In Carroll the annual salary of the sheriff shall be nine thou- 
sand five hundred dollars which shall be paid monthly. Said salary shall 
be payment in full for all his services to the county. The county shall 
provide him with suitable transportation and he shall not be allowed the 
established rates for mileage allowable to other sheriffs. He shall be al- 
lowed reasonable expenses incurred during the performance of his duties 
and such expenses shall be subject to the approval of a justice of the su- 
perior court. For the service of civil writs and other process which he may 
perform he shall collect the usual fees allowed for such services and mile- 
age and shall pay over directly to the county treasurer all such fees and 
mileage charges at the end of each month. He shall in his annual report 
to the county commissioners report the number of civil writs and other 
process served and the total amounts collected in fees and mileage charges 
paid over to the treasurer during the calendar year. 

153:3 Deputies. Amend RSA 104 by inserting after section 3-a 
(supp) as inserted by 1965, 162:2 the following new section: 104:3-b 
Carroll County: Appointment of Deputy Sheriffs on Salaries. The sheriff 
of Carroll county may appoint such number of deputies as he may deem 
necessary and shall fix the compensation of each individual deputy. The 
annual salary of each deputy as established by the sheriff shall be paid 



192 Chapter 154 [1967 

by the county and said payment shall be in full for all services of said 
deputies for the county. Said deputies shall not be allowed the statutory 
rates for mileage allowable to other deputy sheriffs. Provided, further, 
that the total expenditures of the sheriff's department shall not exceed 
the amount appropriated by the county delegation for said department. 
For the service of civil writs and other process which the deputies may 
perform they shall collect the usual fees allowed for such services and 
mileage and shall pay over directly to the county treasurer all such fees 
and mileage charges at the end of each month. They shall report annually 
to the sheriff the number of civil writs and other process served and the 
total amounts collected in fees and mileage charges paid over to the treas- 
urer during the calendar year and said report shall be incorporated in 
the sheriff's annual report to the county commissioners. 

153:4 Effective Date. This act shall take effect upon its passage. 
[Approved May 25, 1967.] 
[Effective date May 25, 1967.] 



CHAPTER 154. 

AN ACT CLARIFYING THE LAW ESTABLISHING THE SCHOOL BUILDING AU- 
THORITY AND INCREASING THE LIMIT OF STATE GUARANTEE. 

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

154:1 New Chapter. Amend RSA by inserting after RSA 195-B 
(supp) as inserted by 1965, 112:11, 311:4 and 311:5 the following new 
chapter: 

Chapter 195-C 

School Building Authority — State Guarantee 

195-C: 1 School Building Authority. 

I. There shall be a school building authority (referred to in this 
chapter as the authority) of five members consisting of the state treasurer, 
the commissioner of education and three other members appointed by 
the governor, with the advice and consent of the council, for terms of 
three years and until their successors are appointed and qualify. The 
governor shall designate one of said members as chairman. In case of 
vacancy among the appointive members of the authority, the governor, 
with the advice and consent of the council, shall fill the same for the 
unexpired term. The appointive members of the authority shall receive 
as compensation for their services, while actually engaged in the business 
of the authority, the sum of eight dollars per day plus their necessary 
travel and subsistence expenses. 



1967] Chapter 154 193 

II. It shall be the duty of the authority to consider and investigate 
all applications of receiving districts under area school plans (RSA 195-A) 
and of cooperative school districts (RSA 195) for awards of state guaran- 
tees with respect to borrowings authorized by such districts for school 
projects involving the construction, enlargement or alteration of school 
buildings, and to make a written report thereon to the governor and 
council. If the authority finds that a school project will be of public use 
and benefit and that the amount of the authorized borrowing appears to 
be within the financial means and available resources of the school dis- 
trict making the application, the authority may include in its report a 
recommendation that a state guarantee be awarded on a split issue basis 
with respect to a specific amount of the bonds or notes of the district or 
that a state guarantee be awarded on a declining balance basis with respect 
to a specific percentage of each of such bonds or notes. In determining 
what amount or percentage to recommend under the provisions of this 
chapter the authority shall consider the need for the project in compari- 
son with the need for other projects throughout the state and the capacity 
of the state to guarantee indebtedness within the limits contained in this 
chapter. 

III. The authority may make reasonable procedural rules and regu- 
lations and prescribe forms to be used in its proceedings. The authority 
may also establish from time to time schedules of service charges to be 
paid by districts which issue bonds or notes guaranteed by the state pur- 
suant to this chapter, but no charge shall exceed one tenth of one per 
cent of the principal amount of the bonds or notes which are issued and 
with respect to which the state guarantee is applicable. The charge to a 
district shall not be payable until after the bonds or notes on which the 
charge is based have been issued, and such charge may be paid from the 
proceeds of the bonds or notes including premiums, but exclusive of 
accrued interest. Service charges shall be paid to the state treasurer and 
shall be credited to the account of the authority. Such account shall not 
lapse and shall be available to the authority as a continuing fund subject 
to expenditure for the use of the authority pursuant to votes thereof. 

195-C:2 State Guarantee. Upon the receipt of a report from the au- 
thority containing a recommendation that bonds or notes of a receiving 
district or cooperative school district should be guaranteed by the state, 
the governor with the advice and consent of the council may award an 
unconditional state guarantee with respect to such bonds or notes in ac- 
cordance with the authority's recommendation or in some lesser amount 
or percentage, or on the alternative basis of guarantee, as the best interests 
of the state may require. The full faith and credit of the state are and 
shall be pledged for any such guarantees, and the total outstanding 
amount of the principal of and interest on such bonds and notes which 
has been guaranteed by the state under this section shall at no time ex- 



194 Chapter 154 [1967 

ceed twenty million dollars. The governor, with the advice and consent 
of the council, is authorized to draw his warrant on the state treasurer for 
any funds in the treasury, which have not otherwise been appropriated, 
for the purpose of honoring any guarantee awarded under this section. 
In the event that any state funds shall be so used, the state may recover 
the amount thereof as provided in RSA 530. 

195-C:3 Definition and Limit of Split Issue Guarantee. An award 
of a state guarantee on a split-issue basis under section 2 of this chapter 
shall specify the face amount of the bonds or notes which shall comprise 
the guarantee portion of the total authorized borrowing, and such guar- 
antee shall be applicable with respect to that amount of the bonds or 
notes and the interest thereon. In the case of a receiving district the 
guaranteed portion of the total authorized borrowing shall not exceed 
the proportionate share of such borrowing which is attributable to the 
sending district or districts as determined by the state board of educa- 
tion under RSA 195-A:7; and, in the case of a cooperative school district, 
the guaranteed portion of the total authorized borrowing shall not exceed 
one half. Bonds or notes bearing a state guarantee awarded on a split- 
issue basis shall be offered and sold at public sale, after such advertise- 
ment as the school board deems appropriate, as a separate and distinct 
issue from any issue of bonds or notes which are not guaranteed by the 
state. All state guaranteed bonds or notes issued to finance a particular 
project shall be made payable no later than the payment date of the last 
maturing unguaranteed bond or note which is issued to finance the same 
project. The bonds or notes comprising the guaranteed portion of an 
authorized borrowing and the bonds or notes comprising the unguaran- 
teed portion of an authorized borrowing may be issued from time to time, 
provided that the percentage of the guaranteed portion which shall have 
been issued at any time shall not exceed the percentage of the unguaran- 
teed portion which shall then have been issued. The state's guarantee 
shall be evidenced on each guaranteed bond or note by an endorsement 
signed by the state treasurer in substantially the following form: 

The State of New Hampshire hereby unconditionally guar- 
antees the payment of the whole of the principal and interest 
of the within (bond) (note) and for the performance of such guar- 
antee the full faith and credit of the State are pledged. 



State Treasurer 

195-C:4 Definition and Limit of Declining Balance Guarantee. An 

award of a state guarantee on a declining balance basis under section 2 
of this chapter shall specify the percentage of the guarantee, and such 
guarantee shall be applicable in such percentage with respect to any 
amount of a bond, note or coupon comprising the authorized borrowing 
which the issuing district is unable to pay or refuses to pay upon the 



1967] Chapter 154 195 

presentation of such bond, note or coupon. In the case of a receiving dis- 
trict this percentage shall not exceed the percentage of the total author- 
ized borrowing which is attributable to the sending district or districts as 
determined by the state board of education under RSA 195-A:7; and, 
in the case of a cooperative school district, such percentage shall not be 
more than fifty per cent. The bonds or notes comprising an authorized 
borrowing guaranteed on a declining balance basis may be issued from 
time to time and may be sold at public or private sale. The state's guaran- 
tee shall be evidenced on each bond or note by an endorsement signed 
by the state treasurer in substantially the following form: 

The State of New Hampshire hereby unconditionally guar- 
antees the payment of percent of any amount of the 
principal of or the interest on this (bond) (note) which the issuer 
of this (bond) (note) is unable to pay or refuses to pay upon 
presentation, and for the performance of such guarantee the full 
faith and credit of the State are pledged. 



State Treasurer 

195-C:5 Application to Pending Issues. Guarantees may be awarded 
under the provisions of this chapter notwithstanding that the applica- 
tions therefor may have been filed with the school building authority 
before the effective date hereof. The provisions of this chapter shall apply 
to bond or serial note issues which have been authorized by cooperative 
school districts or receiving districts prior to the effective date hereof 
but which have not been issued or sold prior thereto. 

154:2 Outstanding Guarantee. Nothing contained in this act shall 
be deemed to modify or impair any state guarantee with respect to the 
outstanding indebtedness of any school district existing at the time of the 
passage of this act. 

154:3 Appointed Members of the Authority. Nothing contained in 
this act shall be deemed to change the terms of the members of the New 
Hampshire school building authority heretofore appointed and now serv- 
ing. 

154:4 Transfer of Appropriation. Appropriations or unexpended 
balances thereof for the New Hampshire school building authority for 
the fiscal years ending June 30, 1967, 1968 and 1969 are hereby trans- 
ferred to the school building authority established by this act. 

154:5 Transfer of References. Whenever in any other statute refer- 
ence is made to RSA 195-B it shall be deemed and interpreted to refer 
to RSA 195-C as inserted by section 1 of this act. 

154:6 Repeal. RSA 195-B (supp) as inserted by 1965, 112:1, 311:4 
and 5 State Guarantee is hereby repealed. 



196 Chapter 155 [1967 

154:7 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved May 25, 1967.] 
[Effective Date July 24, 1967.] 



CHAPTER 155. 

AN ACT RELATIVE TO COUNTING BALLOTS AT ELECTIONS. 

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

155:1 Counting Ballots. Amend RSA 59:69-a (supp) as inserted by 
1963, 285:1 by striking out said section and inserting in place thereof the 
following: 

59:69-a Nominees of More Than One Party. In the case of a candi- 
date who is nominated by more than one party and whose name appears 
on the ballot, that candidate shall receive one vote under the following 
conditions: 

I. When the total number of votes cast for the particular office for 
which the nominee is a candidate does not exceed the number of candi- 
dates to be elected for that office and the nominee has: 

_ {a) A write-in vote and/or a vote under more than one party label, 
then one vote shall be counted for the nominee and credited to the party 
to ^vhich the nominee is registered; 

(b) A write-in vote and a vote under the party to which the nominee 
is registered then one vote shall be counted for the nominee and credited 
to the party to which the nominee is registered; 

(c) A write-in vote and a vote under a party label in which the 
nominee is not registered then one vote shall be counted for the nominee 
and credited to the party under which the vote was cast having a party 
label: 

(e) Any single write-in vote shall be credited to the party under 
which the nominee is registered. 

II. For the purposes of this section to determine if the number of 
candidates voted for have exceeded the number of candidates to be 
elected, the name of any particular candidate shall be counted only once. 

155:2 Biennial Election. Amend RSA 59 by inserting after section 
69-a (supp) as inserted by 1963, 285:1 and as hereinabove amended the 
following new section: 59:69-b Write-in Votes. In the case of a write-in 
vote for a candidate whose name appears on the ballot as the nominee of 
a party for the same office, said write-in vote shall not be counted as an 



1967] Chapter 156 197 

additional vote for said candidate but the said individual ballot shall be 
counted as only one vote for the same person for the same office. 

155:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1967.] 
[Effective date August 1, 1967.] 



CHAPTER 156. 

AN ACT TO REGULATE PROFESSIONAL BONDSMEN. 

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

156:1 New Chapter. Amend RSA by inserting after chapter 598 the 
following new chapter. 

Chapter 598-A 

Professional Bondsmen 

598-A: 1 Approval and Registration. No person proposing to become 
bail or surety in a criminal case for hire or reward, either received or to 
be received, shall be accepted as such unless he shall have been approved 
and registered as a professional bondsman by the superior court; pro- 
vided, however, no person proposing to become bail or surety in a crim- 
inal case in any calendar year after having become bail or surety in 
criminal cases on five separate occasions in said year shall be accepted 
thereafter during said year as bail or surety unless he shall have been 
approved and registered as a professional bondsman as aforesaid. 

598-A: 2 Revocation. A person who has been accepted as bail or 
surety, contrary to the provisions of this chapter, shall nevertheless be 
liable on his obligation as such bail or surety. Such approval and regis- 
tration may be revoked at any time by the superior court and shall be 
revoked in case such a bondsman fails for thirty days after demand to sat- 
isfy in full a judgment recovered under RSA 597:33. The county attorney 
or prosecuting officer obtaining any such judgment which is not satisfied 
in full as aforesaid shall, forthwith upon the expiration of such period of 
thirty days, notify in writing the chief justice of such court. 

598-A: 3 Clerks to Notify District and Municipal Courts. Each su- 
perior court clerk shall furnish all district and municipal courts in the 
county having authority to accept bail the names of all persons registered 
as professional bondsmen and shall notify such courts of any change in a 
bondsman's status. 

598-A:4 Rules Established by Court. All professional bondsmen 



198 Chapter 156 [1967 

shall be governed by rules which shall be established from time to time 
by the superior court. 

598-A:5 Penalty. Any unregistered person receiving hire or reward 
for his services as bail or surety in any criminal case, and any unregis- 
tered person becoming bail or surety in any criminal case in any calendar 
year after having become bail or surety in criminal cases on five separate 
occasions in said year, and any professional bondsman violating any pro- 
vision of the rules established hereunder for such bondsmen, shall be 
punished by a fine of not more than one thousand dollars or by imprison- 
ment for not more than one year, or both. 

598-A:6 Exceptions. The provisions of this chapter shall not apply 
to a fidelity, guaranty or surety company duly authorized to transact busi- 
ness in New Hampshire nor any duly authorized agent thereof. A person 
shall be deemed to have become bail or surety on a separate occasion 
within the meaning of this chapter if he becomes such: (1) for a person 
in respect to a single offense; or (2) for a person in respect to two or more 
offenses committed at the same time or arising out of the same transac- 
tion or course of conduct wherefor he at different times offers bail or 
surety; or (3) for two or more persons at the same time offering bail or 
surety in respect to offenses committed jointly or in a common course 
of conduct. Becoming bail or surety for the same person or persons in 
subsequent proceedings in connection with prosecution for the same 
offense or offenses shall not be deemed an additional occasion or occa- 
sions. 

156:2 Sureties in Criminal Cases. Amend RSA 401:1 VII by strik- 
ing out said paragraph and inserting in place thereof the following: VII. 
Insurance of the performance of contracts and to guarantee the fidelity 
and the faithful discharge of duties of persons holding positions of trust 
in private or public employment or responsibility, and may, if accepted 
and approved by the superior court, obligee or person competent to ap- 
prove such bond, act as joint or sole surety upon the official bond or tlie 
bond, recognizance or other undertaking in civil and criminal procedure 
of any person or corporation to the United States, to the state, or to any 
county, city, town, judge of probate, or other court, sheriff, magistrate 
or other public officer, or to any corporation or association public or 
private; and also may act as joint or sole surety upon any bond or under- 
taking to any person or corporation or to the state conditioned upon the 
performance of any duty or trust, or for the doing or not doing of any- 
thing in said bond specified, and upon bonds to indemnify against loss 
any person or persons who are responsible as surety or sureties upon a 
written instrument or otherwise for the performance by others of any 
office, employment, contract or trust. If by law two or more sureties are 
required upon any obligation upon which such company is authorized 
to act as surety, it may act as joint or sole surety thereon, and may be ac- 



1967] Chapter 157 199 

cepted as such by the court, justice, magistrate or other officer or person 
authorized to approve the sufficiency of such bond or undertaking. The 
insurance commissioner shall transmit forthwith to each register of pro- 
bate, to the clerk of each district and municipal court, to each clerk of 
the superior court and the clerk of the supreme court, the names of all 
corporate surety companies as they become or cease to be qualified to do 
business in the state. 

156:3 Repeal. RSA chapter 598 relative to professional bondsmen 
is hereby repealed. 

156:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1967.] 
[Effective date August 1, 1967.] 



CHAPTER 157. 

AN ACT TO AUTHORIZE LAY OUT OF CLASS IV HIGHV\^AYS FINANCED BY 
FEDERAL-AID HIGHWAY FUNDS BY GOVERNOR AND COUNCIL. 

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

157:1 Powers to Lay Out Highways. Amend RSA 232 by inserting 
after section 1 the following new section: 

232: 1-a Class IV Highways Financed by Federal-aid Funds. Class IV 
highways projects financed in whole or in part with federal-aid highway 
funds shall be laid out under the procedures set forth in RSA 233 for 
class I and class II highways, except for the payment of expenses by the 
state under RSA 233:25. The commissioner of public works and highways 
shall keep an account of the cost of the land and other property taken or 
acquired, and of the cost of the services and the expenses of the commis- 
sioners, appointed to lay out the highway, and the costs of litigation in- 
curred by the commission in the taking of the land and property, and he 
shall make these costs and expenses a charge against the federal-aid high- 
way project. 

157:2 Cities and Towns. Amend RSA 232:2 by inserting after the 
words and figure "All class IV" the words (highways not financed in whole 
or in part with federal-aid highway funds, and class) , so that the said 
section as amended shall read as follows: 232:2 Class IV, V, and VI. All 
class IV highways not financed in whole or in part with federal-aid high- 
way funds, and class V and VI highways shall be laid out by the mayor 
and aldermen of the city or the selectmen of the town in which such high- 
ways are located, or by the superior court as hereinafter provided. 



200 Chapter 158 [1967 

157:3 Lay out of Class IV, V, VI Highways. Amend RSA 234:1 
by inserting after the Avords and figure "new class IV" the words (high- 
^vay not financed in whole or in part with federal-aid highway funds, and 
class), so that said section as amended shall read as follows: 234:1 Peti- 
tion. Selectmen of a town, upon petition, may lay out any new class IV 
highway not financed in whole or in part with federal-aid highway funds, 
and class V or VI highway or alter any such existing highway within their 
to-^vn for which there shall be occasion. 

157:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1967.] 
[Effective date August 1, 1967.] 



CHAPTER 158. 

AN ACT RELATIVE TO THE UNIFORM GIFTS TO MINORS LAW AND PROVIDING 
FOR LIFE INSURANCE POLICIES AND ANNUITY CONTRACTS. 

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

158:1 Life Insurance Policies, Annuity Contracts; Custodial Prop- 
erty. Amend RSA 463-A:l, V (supp), as inserted by 1957, 74:1 and 
amended by 1961, 212:2, by striking out said paragraph and inserting in 
place thereof the following: V. The "custodial property" includes: 

(a) all securities, life insurance policies, annuity contracts and money 
under the supervision of the same custodian for the same minor as a con- 
sequence of a gift or gifts made to the minor in a manner prescribed here- 
in; 

(b) the income from the custodial property; and 

(c) the proceeds, immediate and remote, from the sale, exchange, 
conversion, investment, reinvestment, surrender or other disposition of 
such securities, money, life insurance policies, annuity contracts and in- 
come. 

158:2 Successor Custodian. Amend RSA 463-A:l, VI (supp), as in- 
serted by 1957, 74:1, by striking out said paragraph and inserting in 
place thereof the following: VI. A "custodian" is a person so designated 
in a manner prescribed in this act; the term includes a successor custodian. 

158:3 Guardian Appointed or Qualified by Court. Amend RSA 
463-A:l, VII (supp), as inserted by 1957, 74:1, by striking out said para- 
graph and inserting in place thereof the following: VII. A "guardian" 
of a minor means the general guardian, guardian, tutor or curator of his 



1967] Chapter 158 201 

property or estate appointed or qualified by a court of this state or an- 
other state. 

158:4 Life Insurance Policy and Annuity Contract Defined. Amend 
RSA 463-A:l (supp), as inserted by 1957, 74:1 and amended by 1961, 
212:2, by inserting after paragraph XIV the following new paragraph: 
XV. A "life insurance policy or annuity contract" means a life insurance 
policy or annuity contract issued by an insurance company authorized 
to do business in this state on the life of a minor to whom a gift of the 
policy or contract is made in the manner prescribed in this act or on the 
life of a member of the minor's family. 

158:5 Vest Legal Title of Life Insurance Policy; Annuity Contract. 

Amend RSA 463-A:3, I (supp), as inserted by 1957, 74:1, by striking out 
said paragraph and inserting in place thereof the following: I. A gift 
made in a manner prescribed in this act is irrevocable and conveys to the 
minor indefeasibly vested legal title to the security, life insurance policy, 
annuity contract or money given, but no guardian of the minor has any 
right, power, duty or authority with respect to the custodial property 
except as provided in this act. 

158:6 Powers of Custodian. Amend RSA 463-A:4, VI (supp), as in- 
serted by 1957, 74:1, by inserting in line one thereof after the word "con- 
vert" the word (surrender) so that said paragraph as amended shall read 
as follows: VI. The custodian may sell, exchange, convert, surrender 
or otherwise dispose of custodial property in the manner, at the time or 
times, for the price or prices and upon the terms he deems advisable. He 
may vote in person or by general or limited proxy a security which is 
custodial property. He may consent, directly or through a committee or 
other agent, to the reorganization, consolidation, merger, dissolution or 
liquidation of an issuer, a security which is custodial property, and to 
the sale, lease, pledge or mortgage of any property by or to such an issuer, 
and to any other action by such an issuer. He may execute and deliver 
any and all instruments in writing which he deems advisable to carry out 
any of his powers as custodian. 

158:7 Power of Custodian to Deal with Life Insurance Policies and 
Annuity Contracts. Amend RSA 463-A:4 (supp), as inserted by 1957, 
74:1 and amended by 1961, 212:5, by inserting after paragraph IX the 
following new paragraph: X. If the subject of the gift is a life insurance 
policy or annuity contract, the custodian: (a) in his capacity as custodian, 
has all the incidents of ownership in the policy or contract to the same 
extent as if he were the owner, except that the designated beneficiary of 
any policy or contract on the life of the minor shall be the minor's estate 
and the designated beneficiary of any policy or contract on the life of a 
person other than the minor shall be the custodian as custodian for the 
minor for whom he is acting; and (b) may pay premiums on the policy or 
contract out of the custodial property. 



202 Chapter 158 [1967 

158:8 Liability with Respect to Successor Custodians. Amend RSA 

463-A:6 (supp), as inserted by 1957, 74:1, by striking out said section and 
inserting in place thereof the following: 463-A:6 Exemption of Third 
Persons From Liability. No issuer, transfer agent, bank, life insurance 
company, broker or other person acting on the instructions of or other- 
^vise dealing Avith any person purporting to act as a donor or in the ca- 
pacity of a custodian is responsible for determining whether the person 
designated as custodian by the purported donor or by the custodian or pur- 
porting to act as a custodian has been duly designated or whether any pur- 
chase, sale or transfer to or by or any other act of any person purporting to 
act in the capacity of custodian is in accordance "with or authorized by this 
act, or is obliged to inquire into the validity or propriety under this act of 
any instrument or instructions executed or given by a person purporting 
to act as a donor or in the capacity of a custodian, or is bound to see to 
the application by any person purporting to act in the capacity of a cus- 
todian of any money or other property paid or delivered to him. No is- 
suer, transfer agent, bank, life insurance company, broker or other 
person or financial institution acting on any instrument of designation 
of a successor custodian, executed as provided in paragraph I of section 
7 of this chapter by a minor to whom a gift has been made in a manner 
prescribed in this act and who has attained the age of fourteen years, is 
responsible for determining whether the person designated by the minor 
as successor custodian has been duly designated, or is obliged to inquire 
into the validity or propriety under this act of the instrument of desig- 
nation. 

158:9 Designation of Successor Custodian. Amend RSA 463-A:7 
(supp), as inserted by 1957, 74:1, by striking out said section and insert- 
ing in place thereof the following: 463-A:7 Resignation, Death or Re- 
moval of Custodian; Bond; Designation of Successor Custodian. I. Only 
an adult member of the minor's family, a guardian of the minor or a trust 
company is eligible to become successor custodian. A custodian may des- 
ignate his successor by executing and dating an instrument of designation 
before a subscribing witness other than the successor; the instrument of 
designation may but need not contain the resignation of the custodian. 
If the custodian does not so designate his successor before he dies or be- 
comes legally incapacitated, and the minor has attained the age of four- 
teen years, the minor may designate a successor custodian by executing 
an instrument of designation before a subscribing witness other than the 
successor. A successor custodian has all the rights, powers, duties and im- 
munities of a custodian designated in a manner prescribed by this act. 

II. The designation of a successor custodian as provided in para- 
graph I takes effect as to each item of the custodial property when the 
custodian resigns, dies or becomes legally incapacitated and the custodian 
or his legal representative: 



1967] Chapter 158 203 

(a) causes the item, if it is a security in registered form or a life 
insurance policy or annuity contract, to be registered, with the issuing 
insurance company in the case of a life insurance policy or annuity con- 
tract, in the name of the successor custodian followed, in substance, by 
the word: "as custodian for (name of minor) under the New Hampshire 
Uniform Gifts to Minors Law"; and 

(b) delivers or causes to be delivered to the successor custodian any 
other item of the custodial property, together with the instrument of 
designation of the successor custodian or a true copy thereof and any 
additional instruments required for the transfer thereof to the successor 
custodian. 

HI. A custodian who executes an instrument of designation of his 
successor containing the custodian's resignation as provided in paragraph 
I shall promptly do all things within his power to put each item of the 
custodial property in the possession and control of the successor cus- 
todian named in the instrument. The legal representative of a custodian 
who dies or becomes legally incapacitated shall promptly do all things 
within his power to put each item of the custodial property in the pos- 
session and control of the successor custodian named in an instrument 
of designation executed as provided in paragraph I by the custodian or, 
if none, by the minor if he has no guardian and has attained the age of 
fourteen years, or in the possession and control of the guardian of the 
minor if he has a guardian. If the custodian has executed as provided in 
paragraph I more than one instrument of designation, his legal repre- 
sentative shall treat the instrument dated on an earlier date as having 
been revoked by the instrument dated on a later date. 

IV. If a person designated as custodian or as successor custodian by 
the custodian as provided in paragraph I is not eligible, dies or becomes 
legally incapacitated before the minor attains the age of twenty-one years 
and if the minor has a guardian, the guardian of the minor shall be suc- 
cessor custodian. If the minor has no guardian and if no successor cus- 
todian who is eligible and has not died or becomes legally incapacitated 
has been designated as provided in paragraph I, a donor, his legal rep- 
resentative, the legal representative of the custodian or an adult member 
of the minor's family may petition the court for the designation of a 
successor custodian. 

V. A donor, the legal representative of a donor, a successor cus- 
todian, an adult member of the minor's family, a guardian of the minor 
or the minor, if he has attained the age of fourteen years, may petition 
the court that, for cause shown in the petition, the custodian be removed 
and a successor custodian be designated or, in the alternative, that the 
custodian be required to give bond for the performance of his duties. 

VI. Upon the filing of a petition as provided in this section, the 



204 Chapter 159 [1967 

court shall grant an order, directed to the persons and returnable on such 
notice as the court may require, to show cause why the relief prayed for 
in the petition should not be granted and, in due course, grant such relief 
as the court finds to be in the best interests of the minor. 

158:10 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 2, 1967.] 
[Effective date August 1, 1967.] 



CHAPTER 159. 

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

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

159:1 Tax Increase. Amend RSA 78:7 (supp) as amended by 1955, 
256:1, 1965, 132:1 by striking out in lines two and sixteen the word 
"twenty-one" and inserting in place thereof the word (thirty) so that said 
section as amended shall read as follows: 78:7 Tax Imposed. A tax 
upon the retail consumer is hereby imposed at the rate of thirty per cent 
upon the value of all tobacco products sold at retail in this state measured 
by the usual selling price. The payment of the tax shall be evidenced by 
affixing stamps to the smallest packages containing the tobacco products 
in which such products usually are sold at retail, but the word "package" 
as used herein shall not include individual cigars, cigarettes, or plugs or 
hanks of chewing tobacco, and such stamps shall be affixed in denomina- 
tions of not less than one-half cent to an aggregate value nearest the tax 
hereby imposed. No tax is imposed on any transactions, the taxation of 
which by this state is prohibited by the constitution of the United States. 
Each unclassified importer shall within twenty-four hours after receipt 
of any unstamped tobacco products in this state notify the tax commis- 
sion of the amount and brands of tobacco products received and the name 
and address of the consignor. The tax commission, thereupon, shall notify 
the unclassified importer of the amount of the tax due thereon, at the 
rate of thirty per cent of the value thereof. Payment of the amount due 
the state shall be made within ten days from the mailing date of the no- 
tice thereof. Any unclassified importer refusing to pay the tax on tobacco 
products imported by him within ten days after being notified of the 
amount of said tax by the tax commission, shall be subject to a fine of 
not less than twenty-five dollars or more than one hundred dollars. 

159:2 Discount Deduction. Amend RSA 78:9 (supp) as amended 
by 1965, 132:2 by striking out in line five the word "four" and inserting 
in place thereof the words (three and one-half) so that said section as 
amended shall read as follows: 78:9 Stamps. The tax commission shall 



1967] Chapter 159 205 

secure stamps, of such design and denomination as it shall prescribe, 
suitable to be affixed to packages of tobacco products, as evidence of the 
payment of the tax imposed by this chapter. The commission shall sell 
such stamps to licensed manufacturers, wholesalers and sub-jobbers at a 
discount of three and one-half per cent of their face value to encourage 
manufacturers, wholesalers and sub-jobbers to affix such stamps and com- 
pensate them for so doing, and to licensed vending machine operators 
and retailers at their face value. The tax commission may in its discre- 
tion permit a licensed manufacturer, wholesaler, sub-jobber, vending 
machine operator or retailer to pay for such stamps within thirty days 
after the date of purchase, provided a bond satisfactory to the tax com- 
mission in an amount not less than the sale price of such stamps shall 
have been filed with the commission, conditioned upon the payment of 
such stamps. The tax commission shall keep accurate records of all stamps 
sold to each manufacturer, wholesaler, sub-jobber, vending machine op- 
erator and retailer and shall pay over all receipts from the sale of such 
stamps to the state treasurer daily. 

159:3 Temporary Provisions. The director of the division of tobacco 
products is hereby authorized and empowered to require from tobacco 
products tax licensees a report of all tobacco products or tobacco tax 
indicia on hand or in stock whenever deemed necessary for the purpose 
of collecting the additional tax imposed by this act so far as applicable 
to tobacco products in the possession of licensees at the time this act be- 
comes effective. He may prescribe such reasonable method and manner 
by which such licensees shall pay the additional taxes required in order 
to conform with this act. The provisions of RSA 78:14 are hereby sus- 
pended for such length of time as will enable said licensees to dispose of 
such tobacco products as they have on hand and in stock on the date this 
law takes effect provided, however, that the additional tax imposed by 
this act has been paid. Any license may be revoked by the director of the 
division of tobacco products for failure to comply with the provisions of 
this section. 

159:4 Appropriation. In order to insure the payment of the tax 
upon tobacco products on hand and in the possession of licensees at the 
time this act becomes effective the state tax commission is hereby author- 
ized to employ such temporary help as may be necessary and procure 
such supplies, stamps, and other things necessary for the purpose and 
the sum of three thousand five hundred dollars is hereby appropriated 
to defray the cost thereof. Said appropriation shall not lapse at the end 
of the fiscal year but shall continue and be available so long as there is 
need therefor. The governor is authorized to draw his warrant for said 
sum out of any money in the treasury not otherwise appropriated. 

159:5 Effective Date. Section 4 of this act shall take effect upon pas- 
sage. Sections 1, 2 and 3 shall take effect July 1, 1967. 



206 Chapter 160 [1967 

[Approved June 2, 1967.] 
[Effective date — section 4 June 2, 1967. 
Remainder of act as specified.] 



CHAPTER 160. 

AN ACT PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR EXPENSES 

OF THE LEGISLATURE. 

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

160:1 Supplemental Appropriation. The sum of one hundred and 
seventy-five thousand dollars is hereby appropriated for the fiscal year 
ending June 30, 1967, for expenses of the legislature. This appropriation 
shall be in addition to any other sums appropriated for the legislature, 
shall not lapse and shall not be transferred to any department, institution 
or account. The governor is authorized to draw his warrant for the sum 
hereby appropriated out of any money not otherwise appropriated. 

160:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 7, 1967.] 
[Effective date June 7, 1967.] 



CHAPTER 161. 

AN ACT RELATIVE TO KILLING DOGS FOUND PURSUING OR KILLING GAME OR 

DOMESTIC ANIMALS. 

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

161:1 Damage to Game and Domestic Animals. Amend RSA 466:36 
by striking out said section and inserting in place thereof the following: 
466:36 Killing Dogs. Any conservation officer may kill any dog found in 
the act of maiming or in close pursuit of deer, moose, caribou, sheep, 
cattle, swine or poultry. No civil action for recovery of damages shall lie 
against any conservation officer while acting under authority granted 
herein. The owner or owners of any dog or dogs caught in the act of 
maiming or in close pursuit of deer, moose, caribou, sheep, cattle, swine 
or poultry, may be fined not more than three hundred dollars. 

161:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



1967] Chapter 162 207 

CHAPTER 162. 

AN ACT TO REPEAL A DUPLICATION OF A STATUTE RELATING TO SALE OF 
LIQUOR IN FIRST CLASS RESTAURANTS ON SUNDAY. 

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

162:1 Repeal. RSA 176:ll-a as inserted by 1961, 148:1 relating to 
sale of liquor or beverages in first class restaurants on Sunday is repealed. 

162:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 163. 

AN ACT RELATIVE TO LIMITATION ON GROUP INSURANCE FOR STATE 

EMPLOYEES. 

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

163:1 Group Insurance, State Employees. Amend subparagraph (d) 
of paragraph (7) of RSA 408:15 (supp) as inserted by 1963, 99:1 by strik- 
ing out the words "three thousand dollars" and inserting in place thereof 
the words (the annual compensation of the employee) so that said sub- 
paragraph as amended shall read as follows: (d) The amounts of insur- 
ance under the policy must be based upon some plan precluding in- 
dividual selection by the members and shall in no event exceed the annual 
compensation of the employee. 

163:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 164. 

AN ACT RELATIVE TO USE OF DIVIDENDS RECEIVED IN STATE EMPLOYEES 
GROUP INSURANCE PLAN. 

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

164:1 State Employees Group Insurance. Amend RSA 101-A:7, as 
inserted by 1963, 327:1 by striking out the words "to assist in financing 
the progTam or" in line four and inserting in place thereof the words (to 



208 Chapter 165 [1967 

be) so that said section as amended shall read as follows: 101-A:7 Divi- 
dends. Any dividends which may be received from this life insurance 
program and the group hospitalization, hospital medical care, surgical 
care and other medical and surgical benefits, shall be paid to the state 
to be used to extend greater coverage by increasing the face value of the 
life insurance program. 

164:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



CHAPTER 165. 

AN ACT RELATIVE TO FEES IN CONNECTION WITH ARRESTS IN TAX CASES. 

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

165:1 Collection of Taxes; Fees. Amend RSA 80:45 by striking out 
said section and by inserting in place thereof the following: 80:45 Mak- 
ing Arrest. Each tax collector shall receive the following fees for the 
services listed to be paid by the delinquent taxpayer. 

I. For making an arrest and committing the delinquent taxpayer to 
jail or house of correction, four dollars. 

II. Mileage from collector's home or office to place of arrest, and 
from point of arrest to jail or house of correction and return to his home 
or office, ten cents per mile. 

III. For an attested copy of warrant for arrest, one dollar. 

165:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 166. 

AN ACT RELATIVE TO THE POWERS AND DUTIES OF THE DEPARTMENT OF 
RESOURCES AND ECONOMIC DEVELOPMENT. 

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

166:1 Defining Powers and Duties of Department of Resources and 
Economic Development. Amend RSA 12-A by inserting after section 1-b 
(supp) as inserted by 1961, 223:2 the following new section: 12-A:l-c 
Powers and Duties of Department of Resources and Economic Develop- 



1967] Chapter 167 209 

ment. In addition to any other powers and duties set forth in this chapter 
or as otherwise provided by statute, the department of resources and 
economic development shall have the power and duty to plan and con- 
duct a program of information and publicity to attract tourists, visitors, 
industrial concerns and other interested persons from outside the state 
to the state of New Hampshire, and also to encourage, coordinate, and 
participate in the efforts of other public and private organizations or 
groups of citizens in order to publicize the facilities, industrial advan- 
tages and other attractions of the state for the same purposes. The com- 
missioner shall assign, with the approval of the advisory commission, such 
duties and functions to the three divisions of the department, as in his 
discretion will best effectuate the purposes, powers and duties set forth 
in this section and as otherwise provided by statute. 

166:2 Eifective Date. This act shall take effect upon its passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



CHAPTER 167. 

AN ACT RELATIVE TO RECORDS IN DISTRICT AND MUNICIPAL COURTS. 

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

167:1 District and Municipal Courts. Amend RSA 596-A:2 (supp) 
as inserted by 1965, 116:1 by striking out said section and inserting in 
place thereof the following: 596-A:2 Record. Every district or municipal 
court shall, upon motion made by an accused in a preliminary examina- 
tion for probable cause, at least five days before the date of hearing or 
any adjournment thereof, cause a written transcript to be made of all 
proceedings before said court at the expense of the defendant, or in the 
case of an indigent defendant in accordance with the provisions of RSA 
604-A. Every district or municipal court, upon its own motion, may 
cause a written transcript to be made of proceedings given at a prelim- 
inary examination in any case where the magnitude of the offense may 
seem to require it. 

167:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



210 Chapter 168 [1967 

CHAPTER 168. 

AN ACT RELATIVE TO MILITARY LEAVE FOR CERTAIN STATE EMPLOYEES. 

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

168:1 Militia Leave. Amend RSA 112:9 by striking out said section 
and inserting in place thereof the following: 112:9 State Employees. 
Any regular employee of the state of New Hampshire who is a member 
of any reserve component of the armed forces of the United States or of 
this state, shall, upon request, be entitled to not more than fifteen days 
leave of absence with pay in any one calendar year for the purpose of en- 
gaging in military drill, training, or other temporary duty under military 
or naval authority. The provisions of this section shall not apply to any 
such employee who has been inducted or has enlisted in active service in 
the armed forces of the United States. 

168:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



CHAPTER 169. 

AN ACT RELATIVE TO DISSOLUTION OF VILLAGE DISTRICTS. 

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

169:1 Village Districts. Amend RSA 52:21 by striking out the same 
and inserting in place thereof the following: 52:21 Dissolution. Any vil- 
lage district and any district now in existence having the rights and pow- 
ers of a village district, may, at an annual meeting, by a two-thirds vote of 
its legal voters, terminate its existence and dispose of its corporate prop- 
erty. Upon the dissolution of any such district, the property, real and 
personal, which is contained within the former boundaries of the dis- 
solved district shall continue to be subject to taxation and betterment 
assessments for the purpose of paying any unpaid bonds, notes, bills or 
other obligations incurred while the district was in existence, in the same 
manner as if the said district had not been dissolved. The selectmen of 
the town or towns in which the district was situated shall assess the taxes 
and betterment assessments in the same manner as if the district had 
not been dissolved and shall have the duty, authority, and power to pay 
such bonds, notes, bills or other obligations from the moneys received 
from such taxes and assessments. Provided, however, that in no case shall 
the total of any such taxes or assessments exceed the balance necessary to 
pay said bonds, notes, bills or other obligations after the net income de- 



1967] Chapter 170 211. 

rived from the property disposed of has been applied for the payment 
of the same. 

169:2 Effective Date. This act shall take effect upon passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



CHAPTER 170. 

AN ACT PROVIDING FOR AN OPEN SEASON ON QUAIL. 

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

170:1 Open Season. Amend RSA 209 by inserting after section 4 
as amended by 1967, 2:1 the following new section: 209:4-a Quail. Quail 
or bobwhite may be taken and possessed by the use of shotguns only, 
from October 1 to December 1. No person shall take more than five quail 
in one day, nor more than twenty-five in one season. 

170:2 Proliibition Removed. Amend RSA 209:4 as amended by 
1967, 2:1 by striking out the words "quail or bobwhite" so that said sec- 
tion as amended shall read as follows: 209:4 Wood Ducks, etc. There 
shall be no open season for wood duck, except by federal regulations, 
European partridge, spruce grouse, wild turkey, chukar partridge, and 
upland plover. 

170:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 171. 

AN ACT PROVIDING THAT THE BURIAL EXPENSES OF CERTAIN VIET NAM 
VETERANS BE PAID BY THE STATE. 

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

171:1 Payment Extended. Amend RSA 165:16 (supp) as amended 
by 1959, 77:1 and 1965, 87:1 by inserting in line four after the word "Con- 
flict," the words (or Viet Nam Conflict) so that said section as amended 
shall read as follows: 

165:16 Burial Expenses. Whenever any member or former member 
of the armed forces of the United States, who served in any of the follow- 
ing wars or armed conflicts, the Spanish War, Philippine Insurrection, 



212 Chapter 172 [1967 

Boxer Rebellion, World War I or World War II, or Korean Conflict, 
or Viet Nam Conflict, as defined in section 17, for a total period of ninety 
days (unless sooner released from such service by reason of disability in- 
curred in service) and whose services were terminated under conditions 
other than dishonorable, dies and the commander or adjutant of any 
recosrnized veterans' organization of which he was a member, or the ma- 
jority of the selectmen of the town or the mayor of the city in which such 
veteran dies, if he or she was not a member of such organization, shall 
certify under oath to the state veterans' council that such veteran did 
not leave sufficient estate to pay the expenses of his or her funeral, the 
governor shall draw a warrant in favor of the funeral director in charge 
of burial, for a sum not exceeding one hundred dollars to defray such 
burial expenses, provided that the total amount of the funeral expense 
does not exceed five hundred dollars. Within one year from the time of 
burial of said veteran an account, verified by vouchers, of the sums so 
spent for burial expenses shall be sent to the state veterans' council by 
said funeral director in charge of burial. Whoever neglects or refuses to 
furnish said account shall be fined ten dollars. 

171:2 Definition Inserted. Amend RSA 165:17 (supp) as amended 
by 1965, 69:1 by inserting at the end the following new paragraph: VIL 
"Viet Nam Conflict" between August 5, 1964 and the end of hostilities as 
declared by Congress. 

171:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 172. 

AN ACT RELATIVE TO HUNTING WITH BOW AND ARROW. 

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

172:1 Hunting Deer. Amend RSA 208:5 as amended by 1955, 136:1 
and 1959, 74:1 by striking out said section and inserting in place thereof 
the following: 208:5 Bow and Arrow. Any resident upon the payment 
of a fee of four dollars, or any nonresident upon the payment of a fee 
of ten dollars, shall be issued a special archery license. Said special archery 
license shall entitle the holder to hunt deer with bow and arrow for the 
period from October first to the end of the current deer season of each 
year throughout the state and in Bear Brook Refuge under the following 
conditions. Said special archery license shall also entitle the holder to 
hunt wild animals, game animals and game birds with bow and arrow 
during the open season therefor under the following conditions. If said 



1967] Chapter 173 213 

nonresident not holding a New Hampshire hunting license shall be a per- 
son under sixteen years of age he shall not be entitled to hunt under said 
special archery license except when accompanied by a properly licensed 
person who is twenty-one years of age or over. A special archery license 
shall not be required for residents less than sixteen years of age, but such 
person while hunting with bow and arrow must be accompanied by a 
properly licensed person who is twenty-one years of age or over, and must 
further comply with all the provisions of this chapter. No person hunting 
under the provisions hereof shall carry any firearms and no deer shall be 
taken with firearms under the archery license. Provided that the prohi- 
bition against carrying firearms shall not apply to persons properly 
licensed to carry firearms. Any person taking deer under the provisions 
of this section shall notify a conservation officer within forty-eight hours 
of such taking. 

172:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 173. 

AN ACT RELATIVE TO CARELESS DISCHARGE OF FIREARMS. 

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

173:1 Firearms. Amend RSA 207 by inserting after section 37 the 
following new section: 207:37-a Careless Discharge of Firearms. Any 

person who shall carelessly discharge any firearm while on a hunting trip, 
in the field, or while target practicing, in such a manner that the life of 
any person is endangered or so as to cause damage to the property of an- 
other person shall be fined not more than five hundred dollars or im- 
prisoned not more than six months or both, and at the discretion of the 
director, the hunting license of such a person may be revoked for a period 
not to exceed three years. 

173:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



214 Chapter 174 [1967 

CHAPTER 174. 

AN ACT RELATING TO LIABILITY FOR PAYMENTS FOR BOARD AND CARE OF 

CHILDREN COMMITTED TO INDUSTRIAL SCHOOL WHEN 

RELEASED TO FOSTER HOMES. 

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

174:1 Industrial School. Amend RSA 621 by inserting after section 
19 the following new sections: 621:19-a Children in Foster Homes. 

Not^vithstanding the provisions of section 19, whenever the trustees re- 
lease any child and contract for his board and care in a foster home which 
has been approved by department of health and welfare payment for 
such board and care shall be a charge upon the town (or county) in ac- 
cordance with the provisions of section 19-b. 

621:19-b Liability of Town or County. Whenever a minor is com- 
mitted to the industrial school the town or county where said minor re- 
sided at the time of said committal shall be liable for his care and support 
at a foster home as provided by section 19-a. Any town or county furnish- 
ing such assistance shall be entitled to recover from the parents of such 
minor child the sum or sums paid out for such assistance provided the 
parents of either of them shall be deemed able to assist such minor. 

174:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 9, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 175. 

AN ACT CHANGING THE DATE FOR FILING ANNUAL REPORTS OF SMALL LOANS 

COMPANIES. 

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

175:1 Annual Reports of Small Loans Companies. Amend RSA 
399-A:21, III (supp) as inserted by 1961, 245:1 by striking out in line one 
the word and figure "September 1st" and inserting in place thereof the 
words (August first); and by striking out in line twenty-three the words 
"September first" and inserting in place thereof the words (August first) 
so that said paragraph as amended shall read as follows: III. Each li- 
censee shall, on or before August first of each year, file with the commis- 
sioner a report of operations of the licensed business for the preceding 
fiscal year. Such report shall give information with respect to the finan- 
cial condition of the licensee and shall include balance sheets at the be- 
ginning and end of the year; statement of income and expenses for die 



1967] Chapter 176 215 

period; reconciliation of surplus or net worth with the balance sheets; 
schedule of assets used and useful in the licensed business; classification 
of loans made by size and security; an analysis of charges including 
monthly average number and amount of loans outstanding; analysis of 
delinquent accounts, and court actions undertaken to effect collection. 
Such report shall be made under the penalties of perjury and shall be in 
the form prescribed by the commissioner, who shall annually make and 
publish an analysis and recapitulation of such reports. In the event any 
person or affiliated group of persons holds more than one license in the 
state, they may file a composite annual report, in lieu of separate reports 
for each licensed office provided a short form of report for each licensed 
place of business shall be included showing the number and amount of 
loans made during the year and the number and amount of loans out- 
standing at the beginning and end of the year. Any licensee failing to 
make the report required by this paragraph within the time prescribed 
shall pay to the commissioner the sum of five dollars for each day said 
report is overdue. If a licensee elects to file a composite report and such 
composite report is not filed on or before August first as herein required 
the penalty herein prescribed shall apply separately for each license held. 
Penalties collected hereunder shall be credited to the fund established 
under section 13. 

175:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 176. 

AN ACT TO ANNEX CERTAIN NEW HAMPSHIRE ISLANDS OF THE ISLES OF 
SHOALS TO THE TOWN OF RYE. 

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

176:1 Statutes Continued in Effect. The act of 1715, dated Decem- 
ber 24, voting "That Star Island one of ye Isles of Shoales be a town by 
the name of Gospert.", 1 Laws of N. H. 201; and Laws of 1876, chapter 
40 entitled "An Act to annex the town of Gosport to the town of Rye" 
are continued in force except as amended or superseded by this act. 

176:2 Annexation of White and Seavey's Islands. The islands known 
as White Island and Seavey's Island, which are one island at low tide, 
being the southernmost of the Isles of Shoals off the entrance of Piscata- 
qua River, and being located about nine miles from Portsmouth harbor, 
and parts or all of which were ceded to the United States with certain 
reservations of jurisdiction by Laws of 1820, chapter 15, and which are 



216 Chapter 176 [1967 

desisrnated as one island called "White Island" on the United States De- 
partment of Interior Geological Survey, Isle of Shoals quadrangle map, 
Maine-New Hampshire, scale of 1:24000, dated 1956, are annexed to the 
town of Rye, and the inhabitants of these islands are invested with all 
duties, powers, and privileges which are invested by law to inhabitants 
of any towTi within the state. 

176:3 Annexation of Lunging Island. The island known as Lungin 
or Lunging or Loungin or Honeymoon or Londoners, being one of the 
Isles of Shoals off the entrance of Piscataqua River and being located 
about nine miles southeast of Portsmouth harbor, and designated as 
"Lunging Island" on the United States Department of the Interior Geo- 
logical Survey, Isle of Shoals quadrangle map, Maine-New Hampshire, 
scale 1:24000, dated 1956, the title of which was conveyed to one John 
W. Tucker, of Rye, N. H. by Laws of 1831, chapter 123, is annexed to 
the town of Rye. The inhabitants of the island are invested with all 
duties, powers, and privileges which are invested by law in the inhab- 
itants of any town within the state. 

176:4 Annexation of Rocks and Ledges of the Isles of Shoals. All 

of the rocks and ledges of the Isles of Shoals, including those known as 
White Island Ledge, Square Rock, and Halfway Rocks which are located 
in this state and designated as being named as such and in this state on 
the United States Department of the Interior Geological Survey, Isle of 
Shoals quadrangle map, Maine-New Hampshire, scale of 1:24000, dated 
1956, are annexed to the town of Rye. 

176:5 Repeal. Laws of 1877, chapter 37 relating to the creation of 
a police district in Gosport and the expenditure of taxes collected in Gos- 
port for Gosport purposes, and Laws of 1879, chapter 37, amending Laws, 
1877, chapter 37, which relate to payment of pauper claims by Gosport, 
are repealed. 

176:6 Inconsistent Acts Superseded. All acts or parts of acts not re- 
pealed by section 5 of this act, and which relate to the Isles of Shoals and 
which are inconsistent with this act, are superseded on the passage of 
this act. 

176:7 E£Eective Date. This act shall take effect upon its passage. 
[Approved June 9, 1967.] 
[Effective date June 9, 1967.] 



1967] Chapter 177 217 

CHAPTER 177. 

AN ACT INCREASING THE STAFF OF THE NEW HAMPSHIRE NATIONAL GUARD. 

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

177:1 Assistant Chiefs of Staff Established. Amend RSA 110-A:9 
(supp) as inserted by 1957, 147:1 and 1965, 182:1, by striking out in line 
two the words "an assistant chief of staff" and inserting in place thereof 
the words (one assistant chief of staff for the army and one assistant chief 
of staff for the air force, both) so that said section as amended shall read 
as follows: 110-A:9 Staff for tlie National Guard. There shall be under 
the adjutant general as chief of staff, one assistant chief of staff for the 
army and one assistant chief of staff for the air force, both with the rank 
of brigadier general, and a staff for the national guard. The staff shall 
consist of such officers as shall be designated in general orders; and it 
shall perform such functions and duties as the adjutant general may 
prescribe. 

177:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 178. 

AN ACT RELATING TO THE TIMES AND PLACES OF HOLDING COURTS OF 
PROBATE FOR HILLSBOROUGH COUNTY. 

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

178:1 Hillsborough. Amend RSA 549:6 (supp) as amended by 1955, 
152:1 by striking out said section and inserting in place thereof the fol- 
lowing: 549:6 Hillsborough. For the county of Hillsborough, — at 
Manchester, starting with the first Wednesday after the second day of 
January and every other Wednesday through the month of June, and 
starting with the second Wednesday in July and every other Wednesday 
through the month of December. At Nashua, starting with the second 
Wednesday after the second day of January and every other Wednesday 
through the month of June, and starting with the third Wednesday in 
July and every other Wednesday through the month of December, pro- 
vided however, no probate court will be held upon legal holidays or from 
December 23 through January 2 inclusive. 

178:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 9, 1967.] 
[Effective date July 1, 1967.] 



218 Chapter 179 [1967 

CHAPTER 179. 

AN ACT RELATIVE TO PARTIAL PAYMENT IN REDEMPTION OF REAL ESTATE 

SOLD FOR TAXES. 

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

179; 1 Procedure for Handling Partial Payments. Amend RSA 
80:33-a (supp) as inserted by 1965, 18:1 by striking out said section and 
inserting in place thereof the following: 80:33-a Partial Payments in 
Redemption. Any person interested in real estate so sold may make 
partial payments in redemption in sums of five dollars or multiples 
thereof to the collector of taxes who shall receive the same and give a 
receipt therefor. The collector shall pay over such sums to the town treas- 
urer. If complete redemption is not made before a deed of the real estate 
sold is given to the purchaser, the collector of taxes shall within ten days 
direct the selectmen to issue an order upon the town treasurer to refund 
to the person making such partial payments or his heirs or assigns the 
sum so paid. The selectmen shall promptly issue such order. If the order 
is not issued within thirty days of the time the collector directs that the 
order be issued, the sum to be refunded shall draw interest at the rate 
of six per cent per annum from the date the sum was directed to be paid 
to the date of actual payment. 

-179:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 180. 

AN ACT TO LIMIT THE PERIOD FOR APPLICATION TO THE SELECTMEN OR 
ASSESSORS FOR AN ABATEMENT OF A TAX TO FOUR MONTHS. 

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

180:1 Abatement of Taxes. Amend RSA 76:16 by striking out the 
section and inserting in its place the following: 76:16 By Selectmen or 
Assessors. Selectmen or assessors, for good cause shown, may abate any 
tax assessed by them or by their predecessors. Any person aggrieved by 
the assessment of a tax and who has complied with the requirements of 
RSA 74, may, within four months after notice of the tax, and not after- 
wards, apply in writing to the selectmen or assessors for an abatement 
of the tax. 



1967] Chapter 181 219 

180:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 181. 

AN ACT RELATING TO PUBLIC UTILITY SERVICE BY FOREIGN CORPORATIONS. 

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

181 ;1 Foreign Corporations; Public Utility Service. Amend RSA 
374:24 by striking out in lines one and two the words "the preceding 
section" and inserting in place thereof the words and figure (under 
section 22) and by adding at the end of said section the words (Corpora- 
tions which are public utilities organized under the laws of another 
state and which furnish utility service in towns outside the state may 
furnish utility service to New Hampshire towns adjacent to the state 
boundaries when such service is found by the public utilities com- 
mission to be in the public interest) so that said section as amended 
shall read as follows: 374:24 Foreign Corporation. No permission 
under section 22 shall be granted to any corporation not organized 
under the laws of this state, and no authority to transfer or lease the 
franchises, works or system, or any part of the franchises, works or 
system of any public utility in this state to any such corporation shall 
be granted under section 30. Corporations which are public utilities 
organized under the laws of another state and which furnish utility 
service in towns outside the state may furnish utility service to New 
Hampshire towns adjacent to the state boundaries when such service 
is found by the public utilities commission to be in the public interest. 

181:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 182. 

AN ACT TO CLARIFY CERTAIN STATUTES RELATING TO THE DEPARTMENT 

OF SAFETY. 

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



220 Chapter 182 [1967 

182:1 Amount of Deduction. Amend RSA 106-B:10 as amended 
by 1955, 120:1 and 1961, 166:4 by striking out the words "municipal 
court which would under the provisions hereof be payable to the 
director of motor vehicles the municipal court shall before forwarding, 
deduct five dollars from each fine and ten per cent of that part of the 
fine which exceeds five" in lines fourteen, fifteen, sixteen and seventeen 
and inserting in place thereof the words (district or municipal court 
which would under the provisions hereof be payable to the director 
of motor vehicles the district or municipal court shall before forward- 
ing, deduct ten dollars from each fine and twenty per cent of that 
part of the fine which exceeds ten) so that the section as amended 
shall read as follows: 106-B:10 Disposition of Fines and Forfeitures. 
Any fee for the performance of an act in line of duty or reward for 
the apprehension or conviction of any person, for the recovery of any 
property, received by or payable to an employee, shall be paid by 
him to the director of motor vehicles who shall immediately forward 
the same to the state treasurer. All fines and forfeitures assessed against 
any violator of any law of the state relative to the use and operation 
of motor vehicles apprehended or prosecuted by a police employee 
shall be sent, except as hereinafter provided, by the court collecting 
the same from such law violator to the director of motor vehicles 
within seven days from their payment, and by him immediately paid 
into the state treasury. The director of motor vehicles shall forward 
to the director of state police such information as he may direct relative 
to said fees and fines. In case of fines collected hereunder by a district 
or municipal court which would under the provisions hereof be pay- 
able to the director of motor vehicles the district or municipal court 
shall before forwarding, deduct ten dollars from each fine and twenty 
per cent of that part of the fine which exceeds ten dollars. Said fines 
shall be disposed of as provided in RSA 502: 14. 

182:2 State Police. Amend RSA 106-B:12, as amended by 1961, 
166:4, by inserting after the word "criminal" in line seven the words 
(laws of the state and to serve criminal) so the section as amended will 
read as follows: 106-B:12 Authority and Duties of Police Employees. 
Police employees shall be ex-officiis constables throughout the state, 
shall patrol the highways, enforce the highway traffic la^vs and regula- 
tions, enforce the motor vehicle laws relative thereto, and the director, 
division of state police, shall report to the director, division of motor 
vehicles, all violations of and prosecutions under the motor vehicle 
laws. Police employees shall have general power to enforce all criminal 
laws of the state and to serve criminal processes and make arrests, under 
proper warrants, in all counties. They shall not serve civil processes. 
No police employee shall act, be used or called upon for service within 
any town in any industrial dispute unless actual violence has occurred 
therein, and then only upon order of the governor. When any police 



1967] Chapter 183 221 

employee shall apprehend any person who has committed or attempted 
to commit a felony the director shall immediately make a report to 
the attorney and the sheriff of the county in which the offense was, 
or was suspected of being, committed and such cases shall be investi- 
gated and prosecuted by said county officials with the cooperation of 
said police employees. 

182:3 District and Municipal Courts. Amend RSA 262:35, as 
amended by 1957, 110:1 by striking out the words "municipal court, 
there shall be deducted five dollars and ten per cent of that part of 
the fine which exceeds five" in lines six, seven and eight and inserting 
in place thereof the words (district or municipal court, there shall be 
deducted ten dollars and twenty per cent of that part of the fine which 
exceeds ten) so that the section as amended will read as follows: 262:35 
Disposition of Receipts. All fees, fines and forfeitures received by any 
person under the provisions of any laws of the state relative to the use 
and operation of motor vehicles, shall be paid to the director within 
seven days after the receipt thereof, and all moneys received by the 
director shall be paid monthly to the state treasurer. Provided, however, 
that from each fine and forfeiture collected by a district or municipal 
court, there shall be deducted ten dollars and twenty per cent of that 
part of the fine which exceeds ten dollars, and the same shall be dis- 
posed of as provided in RSA 502:14. Provided further that any fine or 
forfeiture collected by the superior court shall be retained to the benefit 
of the county, and disposed of as provided in RSA 499:5. 

182:4 Effective Date. This act shall take effect sixty days after 
its passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 183. 

AN ACT RESTRICTING THE USE OF SEINES, NETS AND WEIRS FOR THE 
TAKING OF ALEWIVES. 

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

183:1 Taking Alewives by Seines, Nets and Weirs Restricted. 

Amend RSA 211 by inserting after section 48 as amended by 1959, 
306:2 the following new section: 211:48-a Alewives. No person shall 
use a seine or net or weir for the taking of alewives from the waters 
of New Hampshire unless he is a bona fide resident of the state. 

183:2 Fine Imposed. Amend RSA 211:58 as amended by 1955, 
308:5 and 1957, 251:2 by inserting in line two after the numeral "48" 
the numeral (48-a) so that said section as amended shall read as follows: 



222 Chapter 184 [1967 

211:58 Penalties. A person who violates a provision of this subdivision 
shall be fined as follows: For each violation of sections 46, 48, 48-a, 49 
and 50, not more than fifty dollars; of section 55, not more than ten 
dollars. 

183:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 184. 

AN ACT AUTHORIZING THE MICROFILMING OF PROBATE RECORDS. 

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

184:1 MicroJ&lms. Amend RSA 548:5 by inserting after the word 
"claimed" in line five the words (The register may, in addition to or 
in lieu of other recording, cause the originals of documents filed with 
him to be photographed and preserved on microfilm) so that said sec- 
tion as amended shall read as follows: 548:5 Records. He shall record, 
in suitable books prepared for that purpose, the amount of footing 
of each class of property, as specified in the inventory; all wills and 
their probate; all proceedings with regard to real estate; all accounts 
settled, and all orders, decisions, and appointments from which an appeal 
may be claimed. The register may, in addition to or in lieu of other re- 
cording, cause the originals of documents filed with him to be photo- 
graphed and preserved on microfilm. 

184:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 185. 

AN ACT RELATIVE TO SUSPENSION OF DRIVERS' LICENSES. 

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

185:1 Drivers' Licenses. Amend RSA 262-A:65 as inserted by 1963, 
330:1 by striking out said section and inserting in place thereof the 



1967] Chapter 186 223 

following: 262-A:65 Suspension of License; Recognizance Required on 
Appeal. Whenever any person convicted of a violation of section 61 
or 62 appeals, the municipal or district court or justice shall order the 
person appealing to recognize in the sum of one hundred dollars, with 
sufficient sureties, to keep the peace and be of good behavior until 
such appeal has been finally disposed of. If the person appealing fails 
to recognize in said sum, the municipal or district court or justice 
shall forthwith suspend the license of such person. If during such ap- 
peal period, such person is convicted of another violation of section 
61 or 62, unrelated to the prior conviction, the municipal or district 
court or justice shall, upon receiving notice of such conviction, im- 
mediately suspend the license of such person, shall declare the recog- 
nizance forfeited, and shall request the county attorney to cause pro- 
ceedings to be had immediately for the recovery of such forfeiture, 
such proceedings to be subject to the provisions of RSA 597:33, 34, 
35, 36, and 38. Upon suspension of the license of such person either 
upon failure to recognize after conviction or during the appeal period 
as hereinabove provided, in case of holders of New Hampshire licenses, 
the municipal or district court or justice shall return such licenses to- 
gether with the court return to the director, who shall not reissue said 
license until such person is acquitted. If the person so appealing is 
convicted, and has had his license suspended during the appeal period 
for failure to recognize in the required sum, the period of suspension 
shall be computed from the date of the initial conviction. If the person 
so appealing is convicted and has not had his license suspended because 
he has recognized in the required sum, or has had his license suspended 
because of a second conviction during the appeal period, the period 
of suspension shall commence upon the date of his final conviction 
upon such appeal. 

185:2 Effective Date. This act shall take effect sixty days after 
its passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 186. 

AN ACT REPEALING PROVISIONS RELATIVE TO BOUNTY ON GRASSHOPPERS. 

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

186:1 Bounties on Locusts or Grasshoppers. RSA 470:3 providing 
for bounties on the destruction of Rocky Mountain locusts or grass- 
hoppers is hereby repealed. 



224 Chapter 187 [1967 

186:2 Effective Date. This act shall take effect sixty days after 
its passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 187. 

AN ACT REQUIRING A FORECLOSURE DEED UNDER A POWER OF SALE 
MORTGAGE BY THE MORTGAGEE TO THE PURCHASING PARTY. 

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

187:1 Foreclosure Deed. Amend the first paragraph of RSA 479:25 
by inserting after the word "power" in line four the words (including 
the giving of a foreclosure deed upon the completion of said foreclosure) 
so that the paragraph as amended shall read as follows: Instead of such 
suit and decree of sale, the mortgagee or person having his estate in 
the premises, or any person authorized by the power of sale, may, upon 
breach of the condition, give such notices and do all such acts as are 
authorized or required by the power; including the giving of a fore- 
closure deed upon the completion of said foreclosure; but no sale 
under and by virtue of such power shall be valid and effectual to fore- 
close such mortgage, unless the following conditions are complied with: 

187:2 Foreclosure Deed. Amend RSA 479:26 by inserting after 
the word "cause" in line two the words (the foreclosure deed) so the 
section as amended shall read as follows: 479:26 Return; Effect. The 
person selling pursuant to the power shall, within thirty days after 
the sale, cause the foreclosure deed, a copy of the notice of the sale, 
and his affidavit setting forth fully and particularly his acts in the 
premises, to be recorded in the registry of deeds in the county where 
the property is situated; and such affidavit, or a duly certified copy of 
the record thereof, shall be evidence on the question whether the 
power of sale was duly executed. 

187:3 Effective Date. This act shall take effect sixty days after 
its passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



1967] Chapter 188 225 

CHAPTER 188. 

AN ACT ADOPTING A RABIES CONTROL ACT. 

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

188:1 New Chapter. Amend RSA by inserting after chapter 442 
the following new chapter: 

Chapter 442-A 

Rabies Control Act 

442-A: 1 Definitions. For the purposes of this chapter the follow- 
ing words shall be construed as follows: 

I. "Dog" shall mean any canine animal, male or female, sexed 
or neutered. 

II. "Vaccination against rabies" shall mean the inoculation of a 
dog with a rabies vaccine licensed by the United States Department of 
Agriculture. Such vaccination must be performed by a veterinarian 
duly licensed to practice veterinary medicine. 

III. "Own" unless otherwise specified shall mean to keep, harbor, 
or have control, charge, or custody of a dog. This term shall not apply to 
dogs owned by others which are temporarily maintained on the premises 
of a veterinarian or kennel operator. 

IV. "Owner" shall mean any person keeping, harboring, or having 
charge or control of, or permitting any dog to habitually be or remain on, 
or be lodged or fed within such person's house, yard, or premise. This 
term shall not apply to veterinarians or kennel operators temporarily 
maintaining on their premises dogs owned by others. 

V. "Stray" shall mean any dog that has wandered beyond limits 
of confinement or is lost and does not possess any tags of identification. 

VI. "Transient dogs" shall mean any out of state dog temporarily 
housed in this state for any purpose. 

VII. "Commissioner" shall mean the commissioner of agriculture. 

VIII. "Rabies control authority" shall mean duly authorized per- 
son or persons responsible for issuing dog licenses. 

442-A:2 Rabies Vaccination Required. Every dog three months 
of age and older shall be vaccinated against rabies. Young dogs shall 
be vaccinated within thirty days after they have reached three months 
of age. Unvaccinated dogs acquired or moved into the state must be 
vaccinated within thirty days after purchase or arrival, unless under 
three months of age, as specified above. Every dog shall be revaccinated 



226 Chapter 188 [1967 

at not more than twelve-month intervals with killed vaccine or thirty- 
six months chick embryo, LEP Flury Vaccine. In rabies infected areas, 
dogs recently vaccinated should be kept under control for at least 
thirty days before being allo^ved to run free. 

442-A:3 Duties of Veterinarian. It shall be the duty of each vet- 
erinarian, at time of vaccinating any dog, to complete a certificate of 
rabies vaccination (in triplicate) which includes the following informa- 
tion: O-^s'ner's name and address, description of dog (breed, sex, mark- 
ings, age, name), date of vaccination, rabies vaccination tag number, 
type of rabies vaccine administered, and manufacturer's serial number 
of vaccine. Distribution of copies of certificate shall be: The original 
forwarded to the department of agriculture; first copy to owner; and 
the second copy retained by the issuing veterinarian. The veterinarian 
and the o^vner shall retain their copies for the interval between vac- 
cinations specified in section 2. A metal or durable plastic tag, serially 
numbered, shall be securely attached to the collar or harness of the 
dog. Whenever the dog is out-of-doors, whether on or off the owner's 
premises, the collar or harness with the vaccination tag must be -^vorn. 

442-A:4 Cost. The cost of rabies vaccination shall be paid by the 
owner of the dog. 

442-A:5 Transient Dogs. The provisions of this chapter with re- 
spect to vaccination shall apply to any dog owned by a person tem- 
porarily remaining within the state of New Hampshire, or any dog or 
dogs brought into the state for field trial, show purposes, transient 
hunting dogs, or for racing, each dog must be accompanied by indi- 
vidual rabies certificates and tags showing date of vaccination and type 
of vaccine used with expiration date. This provision does not apply to 
dosfs in carnival, circus or vaudeville trained acts. 

442-A:6 Impoundment of Rabies Suspects. Any dog suspected of 
being afflicted with rabies, or any dog not vaccinated in accordance 
with section 2, which has bitten any person and caused an abrasion of 
the skin of such person, shall be seized and impounded under the 
supervision of the local health authorities for a period of not less than 
ten days. If, upon examination by a licensed veterinarian, the dog has 
no signs of rabies at the end of said impoundment, it may be released 
to the owner or, in the case of a stray, it shall be disposed of in ac- 
cordance with applicable laws. It shall be the responsibility of the 
owner for any expense for the impoundment of the animal. If the 
animal is a stray, the town will be responsible for the expense. Any 
dog, vaccinated in accordance with section 2, which has bitten any 
person shall be confined by the owner or other responsible person as 
required by the local health authorities for a period of ten days, at 
which time the dog shall be examined by a licensed veterinarian. If 



1967] Chapter 188 227 

no signs of rabies are observed by the veterinarian, the dog may be 
released from confinement. It shall be the responsibility of the owner 
for any expense, examination and for the impoundment of the animal. 
If the animal is a stray, the town will be responsible for the expense 
incurred. 

442-A:7 Handling of Dogs Bitten by Rabid Animals. In the case 
of dogs known to have been bitten by a rabid animal, the following 
rules shall apply: 

I. Unvaccinated Dogs. 

(1) In the case of dogs which are not vaccinated in accordance 
with section 2 and which have been bitten by a known rabid animal, 
said bitten (exposed) dogs shall be immediately quarantined and con- 
fined for ten days under the supervision of the local health authority. 
Upon completion of confinement the dog shall be examined by a 
licensed veterinarian. The dog shall be destroyed and the head sent 
to a diagnostic laboratory, unless the owner is unwilling as provided 
in (2). The town shall be responsible for the expense. 

(2) If the owner is unwilling to destroy the bitten (exposed) dog, 
strict isolation of the dog, in a kennel under veterinary supervision 
and in cooperation with the local health authorities, for a minimum 
of six months shall be enforced. Expense of impoundment to be paid 
monthly in advance by the owner, in case of default in payment the 
local health authority is empowered to destroy the dog after a ten day 
grace period and the head is to be sent to the diagnostic laboratory of 
the health and welfare department, Concord, New Hampshire, for 
examination, 

II. Vaccinated Dogs. If the bitten (exposed) dog is vaccinated in 
accordance with the provisions of section 2 hereof, the dog shall be 
handled as follows: 

(1) Immediately revaccinated and confined for a period of thirty 
days following revaccination (type of confinement at the discretion of 
the local health authority), the owner of the animal being responsible 
for any expense incurred. At the completion of confinement, the animal 
is to be examined by a licensed veterinarian, and released if found 
by said veterinarian to be safe. 

(2) If the dog is not immediately revaccinated, the dog shall be 
confined in strict isolation in a kennel for six months under the super- 
vision of the local health authority in cooperation with a licensed 
veterinarian. The owner of the animal is responsible for all expenses 
incurred and must pay each month in advance. If default in payment, 
the local health authority is empowered to destroy the dog after a ten 
day grace period and the head is to be sent to the diagnostic laboratory. 



228 Chapter 188 [1967 

department of health and welfare, Concord, New Hampshire, for 
examination, 

(3) The dog shall be destroyed if the owner does not comply with 
the provisions of subparagraph (1) or (2) of this paragraph. 

442-A:8 Impoundment of Dog without Tag. The rabies control 
authority shall authorize a pound or pounds, or shall enter into a co- 
operative agreement with a licensed veterinarian for the establishment 
and operation of a pound. Any dog found off the owner's premises 
and not Avearing a valid vaccination tag shall be impounded. All im- 
pounded dogs shall be given proper care and maintenance. Each im- 
pounded dog shall be kept and maintained at the pound for a minimum 
of ten days unless reclaimed earlier by the owner. Notice of impound- 
ment of all animals, including any significant marks of identification, 
shall be posted at the pound as public notification of impoundment. 
Any unvaccinated dog may be reclaimed by its owner during the period 
of impoundment by payment of prescribed pound fees and complying 
with rabies vaccination requirement of this statute within seventy-two 
hours of release. Any vaccinated dog impounded because of lack of a 
rabies vaccination tag may be reclaimed by its owner by furnishing 
proof of rabies vaccination and payment of all impounded fees prior 
to release. The impoundment fee shall not exceed two dollars per day. 
If the dog is unclaimed at the end of ten days, the rabies control au- 
thority may dispose of the dog in accordance with applicable laws or 
rules and regulations. If the animal is a stray the town will be respon- 
sible for the expense incurred. 

442-A:9 Enforcement. It shall be the duty of the commissioner 
to enforce the provisions of this chapter for the control of rabies in 
dogs, and he shall make or may modify such rules or regulations as 
he deems necessary to carry out the intent of this chapter. 

442-A:10 Penalties. Any person who violates any of the provisions 
of this chapter shall be fined not less than five nor more than twenty 
dollars. 

188:2 Vaccination Prerequisite to Licensing. Amend RSA 466 by 
inserting after section 1 (supp) as amended by 1957, 217:1 the follow- 
ing new section: 466: 1-a Vaccination Required. Before a license is 
issued under the provisions of this subdivision, except under the pro- 
visions of section 6, the owner or keeper of a dog shall furnish to the 
clerk a certification that said dog has been vaccinated against rabies 
in accordance with the provisions of RSA 442-A. 

188:3 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 9, 1967.] 
[Effective date July 1, 1967.] 



1967] Chapter 189 229 

CHAPTER 189. 

AN ACT RELATIVE TO TIME LIMITATION FOR APPRAISAL OF DAMAGES TO 
LIVESTOCK AND CROPS BY BEAR OR MOUNTAIN LION. 

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

189:1 Damage to Livestock or Crops. Amend RSA 207:23-a, as 
inserted by 1955, 324:4, and amended by 1967, 81:2 by striking out 
said section and inserting in place thereof the following: 207:23-a 
Damage by Bears or Mountain Lions. A person who suffers loss or 
damage to livestock, bees, orchards or growing crops, by bear or moun- 
tain lion, shall, if he claims damage therefor, notify the director of 
fish and game in writing of such damage. The director or his agent 
shall investigate such claim within thirty days from the receipt by him 
of notice of such damage, and within one year determine whether such 
damage was caused by bear or mountain lion, and appraise the amount 
to be paid. The director, immediately upon making any appraisal of 
damage thereof, shall present his certificate of the amount of appraisal 
to the governor, who is authorized to draw his warrant upon any money 
in the treasury not otherwise appropriated in payment therefor. 

189:2 Repeal. RSA 207:25, relative to appeal because of non- 
action, is hereby repealed. 

189:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 190. 

AN ACT RELATIVE TO BURGLARY. 

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

190:1 New Chapter. Amend RSA by inserting after chapter 583 the 
following new chapter: 

Chapter 583-A 

Burglary 

583-A: 1 Definitions. In this chapter, unless a different meaning 
plainly is required: 



230 Chapter 190 [1967 

I. "Occupied structure" shall mean any structure, vehicle, or place 
adapted for overnight accommodation of persons, or for carrying on 
business therein, w^hether or not a person is actually present. 

II. "Night" shall mean the period between thirty minutes past sunset 
and thirty minutes before sunrise. 

583-A:2 Burglary Defined. A person is guilty of burglary if he enters 
a building or occupied structure, or separately secured or occupied section 
thereof, with purpose to commit a crime therein, unless the premises are 
at the time open to the public or the actor is licensed or privileged to 
enter. It is an affirmative defense to prosecution for burglary that the 
building: or structure was abandoned. 

583-A:3 Penalty. If burglary is perpetrated in the dwelling of another 
at night, or if, in the course of committing burglary, the actor: 

I. Purposely, knowingly, or recklessly inflicts or attempts to inflict 
bodily injury on anyone; or 

II. Is armed with explosives or a deadly weapon, the penalty shall be 
a fine of not more than ten thousand dollars and imprisonment of not 
less than two years nor more than ten years, or both. All other burglary 
shall be punished by a fine of not more than five thousand dollars and 
imprisonment of not less than one year nor more than five years, or both. 
The act shall be deemed "in the course of committing" the offense if it 
occurs in an attempt to commit the offense or in flight after the attempt 
or commission. 

583-A:4 Multiple Convictions. A person may not be convicted both 
for burglary and for the offense which it was his purpose to commit after 
the burglarious entry or for an attempt to commit that offense, unless the 
additional offense constitutes a felony the maximum penalty of which 
may be imprisonment for twenty years or more. 

583-A:5 Making or Possessing Burglar's Tools. Whoever makes or 
mends, or begins to make or mend, or knowingly has in his possession, an 
engine, machine, tool, or implement adapted and designed for cutting 
through, forcing or breaking open a building, room, vault, safe, or other 
depository, in order to steal therefrom money or other property, or to 
commit any other crime, knowing the same to be adapted and designed 
for the purpose aforesaid, with intent to use or employ or allow the same 
to be used or employed for such purpose, shall be imprisoned not more 
than ten years, or fined not more than one thousand dollars and impris- 
oned not more than one year. 

190:2 Repeal. RSA 583, relative to burglary and burglars' tools, is 
hereby repealed. 



1967] Chapter 191 231 

190:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 9, 1967.] 
[Effective date August 8, 1967.] 



CHAPTER 191. 

AN ACT INCREASING FEES FOR REGISTRATION OF PHARMACIES AND 

PHARMACISTS. 

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

191:1 Registration of Pharmacies. Amend RSA 318:38, as amended 
by 1955, 241:4 and 1963, 83:6 by striking out said section and inserting 
in place thereof the following: 318:38 Permit; Fee. The board shall upon 
application issue a permit to maintain a store for the sale at retail of 
drugs and medicines to such persons, firms, or corporations as they may 
deem to be qualified to conduct such a store, such permit to be known as 
a retail drug store permit, for the compounding of medicines upon phy- 
sicians' prescriptions and for the manufacture, sale, and distribution of 
drugs, medicines, and poisons, such place of business to be under the 
direct supervision of a registered pharmacist. The fee for such original 
permit shall be one hundred dollars and the fee for each renewal thereof 
shall be twenty-five dollars. The holder of a retail drug store permit may 
keep his store open at all hours for the sale of drugs and medicines. The 
permit shall expire on January first follo^ving the date of issue. 

191:2 Reciprocal Registration of Pharmacists. Amend RSA 318:24, 
as amended by 1963, 83:4, by striking out the word "twenty-five" in line 
four and inserting in place thereof the word (thirty-five) so that said sec- 
tion as amended shall read as follows: 318:24 Fees. Each applicant for a 
registered pharmacist's certificate shall pay an examination fee of twenty- 
five dollars. Applicants for reciprocal registration as registered pharma- 
cists, in addition to the fee covering costs of investigation, shall pay a fee 
of thirty-five dollars. 

191:3 Effective Date. This act shall take effect January 1, 1968. 
[Approved June 12, 1967.] 
[Effective date January 1, 1968,] 



232 Chapter 192 [1967 

CHAPTER 192. 

AN ACT TO REVISE THE SETTLEMENT LAWS. 

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

192:1 New Chapter. Amend RSA by inserting after chapter 164 a 
ncAv chapter as follows: 

Chapter 164-A 
Settlement of Persons 
164-A: 1 Manner of Gaming Settlement. A legal settlement is gained 
by any person in any town, so as to oblige the town to support such person 
if poor and unable to support himself, in the following manner: 

I. Residence. Any person of the age of twenty-one years who has 
his residence in any town in this state for one year gains a settlement in 
such to^vn, 

II. Married Women. A married ivoman has the settlement of her 
husband, if he has any within this state, but if he has none, she has none. 
A married woman living apart from her husband may gain a settlement 
as if she were unmarried, but until she gains a new settlement, she has 
the settlement of her husband. 

III. Legitimate or Adopted Child. Legitimate or adopted children 
have the settlement of their father, unless they live apart from him with 
their mother, in which case they have the settlement of their mother. 

IV. Illegitimate Child. Illegitimate children have the settlement of 
their mother. 

V. Married Minor. A married minor may gain a settlement as if he 
were tu^enty-one years of age. 

VI. Employed Minor. A minor living apart from his parents, sup- 
porting himself and receiving the wages from his employment, may gain 
a settlement as if he were twenty-one years of age, except that if he re- 
sumes living with either of his parents, his settlement is the same as it 
was before his departure. This provision does not apply to a minor who 
is dependent in ^vhole or in part upon his parent or guardian for support, 
or u^ho is attending an educational institution. 

VII. Married or Employed Minor. Until a married or employed 
minor gains a new settlement he has the same settlement as he had at the 
time of his marriage or departure. 

164-A:2 Loss of Settlement. A former settlement is lost upon the 
abandonment for one year of the residence by which the settlement was 
gained. 



1967] Chapter 192 233 

164-A:3 Military Service. Any person engaged in the military, air, 
or naval service of the United States shall not lose any right of settlement 
gained under this chapter, and no settlement wholly or partially gained 
hereunder is considered to have been interrupted or defeated by reason 
of absence during the period of service. 

164-A:4 Assisted Person. No person has a residence for the purpose 
of gaining a settlement while being assisted as a pauper by a county or a 
town. 

164-A:5 Loss of Settlement. Any settlement gained under this chap- 
ter shall be lost by any person who has been assisted as a pauper con- 
tinuously for one year. 

192:2 Limitations on Veteran's Relief. Amend RSA 165:6 by strik- 
ing out said section and inserting in place thereof the following: 165:6 
Limitations. No person shall receive aid under the provisions of section 
5 of this chapter unless he has resided in this state one year before making 
application for such aid. 

192:3 Recovery of Expense. Amend RSA 165:20 by striking out said 
section and inserting in place thereof the following: 165:20 Recovery of 
Expense. If a town spends any sum for the support, return to his home, 
or burial of a pauper having a settlement in another town, or of a county 
pauper, or of a pauper having relations able to support him under section 
19 of this chapter such sum may be recovered from the town, county, or 
relation so chars^eable. 



'o* 



192:4 Limitation of Action. Amend RSA 165:25 by striking out said 
section and inserting in place thereof the following new section: 165:25 
Limitation of Action. Actions by towns to recover the expense of support, 
return to his home, or burial of a poor person may be brought within 
three years after the cause of action accrued and not afterward. 

192:5 Inmates of Homes and Institutions. Amend RSA 166:8 by 
striking out said section and inserting in place thereof the following: 
166:8 Inmates of Homes and Institutions. Any person who is or becomes 
a pauper or public charge while at any orphan's home, hospital, home for 
the aged, nursing home, convalescent home, or similar institution, is 
chargeable for support to the county in which he last resided before enter- 
ing such institution, unless the person has a settlement in some town at 
the time he entered the institution. 

192:6 Liability Between Counties. Amend RSA 166:10 by striking 
out said section and inserting in place thereof the following: 166:10 Li- 
ability of Counties. Each county is responsible for the support of any 
county pauper who resides in that county. 

192:7 Right of Action. Amend RSA 166:12 by striking out said 
section and inserting in place thereof the following new section: 166:12 



234 Chapter 193 [1967 

Right of Action. Counties have the same rights of action to resolve dis- 
puted claims as provided for to^vns by RSA 165:19-21 inclusive or as pro- 
vided by RSA 28: 16-19 inclusive. 

192:8 Temporary Provisions. Settlement within the meaning of 
RSA 164-A:.l shall be determined by the residence of a person since Jan- 
uary 1, 1967. 

192:9 Repeal. RSA 164 relating to settlement of paupers is repealed. 

192:10 Repeal. RSA 165:21, as amended by 1957, 198:3, relating to 
notice to be given to towns chargeable for settlement of a pauper being 
supported in another town; RSA 165:22 as amended by 1957, 198:3 re- 
lating to service of a notice given to a town chargeable for settlement of 
a pauper being supported in another town; RSA 165:23 relating to the 
return of the original notice given to a town chargeable for settlement of 
a pauper being supported in another town; and RSA 165:24, relating to 
amount of sums for which the notice given to a town chargeable for settle- 
ment of a pauper being supported in another town, are repealed. 

192:11 Repeal. RSA 166:3, as amended by 1957, 198:3, relating to 
claims of a town for support of a pauper not having a settlement in the 
town; RSA 166:4 as amended by 1957, 198:3, relating to affidavits of 
paupers on settlement matters; RSA 166:7, pertaining to settlement in 
unorganized towns; RSA 166:9, relating to settlement in to^vns where in- 
stitutions are located; RSA 166:11, relating to removal of paupers from, 
one county to the county chargeable with his support; RSA 166:15, relat- 
ing to bond of passengers on vessels who land in the state without settle- 
ment; RSA 166: 16, relating to suits on bonds of passengers on vessels "^vho 
land in the state without settlement; RSA 166:17, relating to the penalty 
for masters of vessels who allows a passenger to land before a settlement 
bond is given; and RSA 166:18, relating to the authority of a court to 
cause a pauper to be removed to his place of settlement, are repealed. 

192:12 Effective Date. This act shall take effect on January 1, 1968. 
[Approved June 13, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 193. 

AN ACT TO SET THE SALARY OF THE SPECIAL JUSTICE OF THE PORTSMOUTH 

DISTRICT COURT. 

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

193:1 Portsmouth District Court. Amend RSA 502-A:6 II (supp) as 
inserted by 1963, 331:1 and amended by 1965, 138:1 by striking out said 



1967] Chapter 194 235 

paragraph and inserting in place thereof the following: II. Special 
Justices. The annual salaries of special justices of the district court shall 
be as follows: Not less than ten per cent nor more than thirty per cent 
of the salary of the justice in each district as the local governing body of 
the city or town in which the court is located may vote, provided, how- 
ever, that the salaries of the special justices of the Hanover district court 
and of the Portsmouth district court may by vote of the respective local 
governing body be in excess of thirty per cent of the salary of the justice 
of said district. The special justices in other cities and towns and the 
justice of peace requested to sit owing to the disqualifications of the 
justice and special justice, shall be paid from the treasury of the city or 
town wherein said court is located, twenty dollars a day for each day or 
part thereof that he shall serve in said capacity. 

193:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 13, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 194. 

AN ACT RELATIVE TO NEGLECTED AND ABUSED CHILDREN. 

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

194:1 Neglected and Abused Children. Amend RSA 571:25, 26, 27 
and 29 (supp) as inserted by 1965, 193:1 by striking out said sections and 
inserting in place thereof the following: 

571:25 Purpose. The purpose of this subdivision is to provide for 
the protection and welfare of neglected children and children who have 
had physical injury inflicted upon them and who may be further threat- 
ened by the conduct of those responsible for their care and protection. 
Physicians who become aware of such cases shall report them to the bu- 
reau of child welfare of the division of welfare of the department of 
health and welfare which shall notify the appropriate police authority 
of all reports of abuse thereby causing the protective services of the state 
to be brought to bear in an effort to protect the health and welfare of these 
children and to prevent further abuses. For the purposes of this subdivi- 
sion the definition of "neglected child" in RSA 169:2,1 shall be deemed 
to apply; provided, however, no child who in good faith is under treat- 
ment solely by spiritual means through prayer in accordance with the 
tenets and practices of a recognized church or religious denomination 
by a duly accredited practitioner thereof shall, for that reason alone, be 
considered to be a neglected child under any provisions of this act. 



236 Chapter 195 [1967 

571:26 Reports by Physicians and Institutions. Any physician, in- 
chiding any licensed doctor of medicine, licensed osteopathic physician, 
intern and resident, having reasonable cause to suspect that a child un- 
der the age of sixteen brought to him or coming before him for examina- 
tion, care or treatment has been neglected or has had serious physical 
injury or injuries inflicted upon him other than by accidental means by 
a parent or other person responsible for his care, shall report or cause 
reports to be made in accordance with the provisions of this subdivision; 
provided that when the attendance of a physician with respect to a child 
is pursuant to the performance of services as a member of the staff of a 
hospital or similar institution he shall notify the person in charge of the 
institution or his designated delegate who shall report or cause reports 
to be made in accordance with the provisions of this subdivision. 

571:27 Nature and Content of Report; to Whom Made. An oral 
report shall be made immediately by telephone or otherwise, and fol- 
lo^v^ed as soon thereafter as possible by a report in writing, to the bureau 
of child welfare of the division of welfare of the department of health 
and welfare which shall notify an appropriate police authority. Such re- 
ports shall contain the names and addresses of the child and his parents 
or other persons responsible for his care, if known, the child's age, the 
evidence indicating neglect or the nature and extent of the child's in- 
juries (including any evidence of previous injuries) , and any other in- 
formation that the physician believes might be helpful in establishing 
neglect or the cause of the injuries and the identity of the person or per- 
sons responsible therefor. 

571:29 Evidence Not Privileged. Neither the physician-patient privi- 
lege nor the husband-wife privilege shall be a ground for excluding evi- 
dence regarding a child's neglect or a child's injuries or the cause thereof, 
in any judicial proceeding resulting from a report pursuant to this sub- 
division. 

194:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1967.] 
[Effective date August 13, 1967.] 



CHAPTER 195. 

AN ACT TO EXEMPT CERTAIN TRUSTS FROM THE RULE AGAINST 

PERPETUITIES. 

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



1967] Chapter 196 237 

195:1 Rule Against Perpetuities. Amend RSA 275 by inserting after 
section 48 the following new section: 275:48-a Rule Against Perpetuities. 
A trust created by an employer as part of a stock bonus, pension, dis- 
ability, death benefit or profit-sharing plan for the exclusive benefit of 
some or all of his employees, to which contributions are made by the 
employer or employees, or both, for the purpose of distributing to the 
employees the earnings or the principal, or both earnings and principal, 
of the fund held in trust, may continue in perpetuity or for such time 
as may be necessary to accomplish the purpose for which it is created, and 
shall not be invalid as violating any rule of law against perpetuities or 
suspension of the power of alienation of the title to the property. This 
section shall apply to all such trusts whether in existence on July 1, 1967 
or established after said date. 

195:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 14, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 196. 

AN ACT TO PROVIDE IMMUNITY TO REGISTERED NURSES FROM CIVIL 
LIABILITY IN EMERGENCY CASES. 

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

196:1 Immunity from Civil Liability. Amend RSA 326-A as in- 
serted by 1959, 265:1 by inserting after section 11 the following new sec- 
tion: 326-A: 12 Emergency Treatment. No person authorized to practice 
nursing as a registered nurse under this chapter or under the laws of any 
other state, who, in good faith, renders emergency care at the scene of 
an emergency without making any charge therefor, shall be liable for 
any civil damages as a result of acts or omissions by such person in ren- 
dering such emergency care, or as a result of any act or failure to act to 
provide or arrange for further medical treatment or care, 

196:2 Effective Date. This act shall take effect sixty days after its 
passage, 

[Approved June 14, 1967,] 
[Effective date August 13, 1967.] 



238 Chapter 197 [1967 

CHAPTER 197. 

AN ACT DEFINING THE MEANING OF A PLEA OF NOLO CONTENDERE. 

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

197:1 Effect of Plea. Amend RSA 605 by inserting after section 5 the 
following ne'^v section: 605:6 Plea of Nolo Contendere. A plea of nolo 
contendere may be accepted in any criminal case and when such a plea 
is accepted, the court or justice may enter a finding of guilty upon such 
plea. Evidence of a plea of nolo contendere or of the finding entered 
thereon shall not be admissible in any civil action against the defendant. 

197:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1967.] 
[Effective date August 13, 1967.] 



CHAPTER 198. 

AN ACT RELATIVE TO FEES FOR A MOTOR VEHICLE USED EXCLUSIVELY AS A 

BUS FOR THE TRANSPORTATION OF MINORS TO FUNCTIONS 

OF NONPROFIT ORGANIZATIONS. 

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

198:1 Registration Fee. Amend RSA 262:1, XVI as inserted by 1957, 
233:1 and amended by 1965, 273:1 by inserting at the end of lines two 
and five after the words "religious organizations" the following "words (and 
nonprofit organizations) so that the paragraph as amended shall read as 
follows: XVI. For motor vehicle used exclusively as a school bus or as a 
bus for transportation of minors to and from functions of religious organ- 
izations and nonprofit organizations, twenty-five dollars. The provisions of 
paragraph III hereof shall not apply to motor vehicle used exclusively as a 
school bus or as a bus for transportation of minors to and from official 
functions of religious organizations and nonprofit organizations. The pro- 
visions of the paragraph shall not apply to municipally owned vehicles 
nor to vehicles of public utilities or common carriers. 

198:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1967.] 
[Effective date August 13, 1967.] 



1967] Chapter 199 239 

CHAPTER 199. 

AN ACT TO REPEAL PROVISIONS AUTHORIZING SUMMER MOTOR VEHICLE 

LICENSE PLATES. 

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

199:1 Repeal. RSA 262:6 as amended by 1961, 166:3, relative to 
summer registration fees for certain motor vehicles, is hereby repealed. 

199:2 Effective Date. This act shall take effect October 1, 1967. 
[Approved June 14, 1967.] 
[Effective date October 1, 1967.] 



CHAPTER 200. 

AN ACT PRESCRIBING THE METHOD OF ADOPTION OF THE NON-PARTISAN 
BALLOT SYSTEM IN LARGE TOWNS. 

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

200:1 Non-partisan Ballot System. Amend RSA 59 by inserting after 
section 73 (supp) as amended by 1965, 197:1 the following new section: 
59:73-a — Large Towns. In any town in which the Australian ballot sys- 
tem is in effect, and which has a population, according to the most recent 
federal census, of forty-five hundred inhabitants or more, adoption of 
the non-partisan ballot system shall be effected by ballot, as provided in 
this section. Whenever in such town there shall appear in the warrant for 
any annual or special meeting an article appropriate to the adoption of 
the non-partisan ballot system, the town clerk shall cause to be printed 
on the official ballot, if any, to be used at such meeting, otherwise upon 
a ballot specially prepared for the purpose, the question, "Shall the non- 
partisan ballot system for the election of town officers be adopted by tliis 
town?", which question shall be followed by boxes in which the voter 
may indicate "Yes" or "No". If the majority of the qualified voters present 
and voting at such meeting shall answer said question in the affirmative, 
the non-partisan system shall be deemed to have been adopted by said 
town and shall be in effect therein provided that such system shall not 
be in effect in said town until the to^vn meeting next following the meet- 
ing at which such action is taken. 

200:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1967.] 
[Effective date August 13, 1967.] 



240 Chapter 201 [1967 

CHAPTER 201. 

AN ACT RELATIVE TO SALARIES OF THE SHERIFF AND ONE DEPUTY SHERIFF 

OF BELKNAP COUNTY. 

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

201:1 County of Belknap. Amend RSA 104:29 by inserting after 
paragraph VI (supp) as inserted by 1967, 153:2 the following new para- 
graph: VII. In Belknap the annual salary of the sheriff shall be nine 
thousand dollars, and said salary shall be payment in full for all his serv- 
ices to said county. The county shall provide him with suitable trans- 
portation and he shall not be allowed the established rates for mileage 
alloAvable to other sheriffs. He shall be allowed reasonable expenses in- 
curred during the performance of his duties and such expenses shall be 
subject to the approval of a justice of the superior court. For the service 
of civil writs and other process which he may perform he shall collect 
the usual fees allowed for such services and mileage and shall pay over 
directly to the county treasurer all such fees and mileage charges at the 
end of each month. He shall in his annual report to the county commis- 
sioners report the number of civil writs and other process served and the 
total amounts collected in fees and mileage charges paid over to the treas- 
urer during the calendar year. 

201:2 Deputy Sheriff. Amend RSA 104 by inserting after section 3-b 
(supp) as inserted by 1967, 153:3 the following new section: I04:3-c Bel- 
knap County; Appointment of Deputy Sheriff on Salary. The sheriff of 
Belknap county may appoint, if funds are appropriated, one deputy sheriff 
■who shall be paid an annual salary of five thousand eight hundred dol- 
lars. Said salary shall be payment in full for all his services for the county. 
The county shall provide him with suitable transportation and he shall 
not be allowed the statutory rates for mileage allowable to other deputy 
sheriffs. He shall be allowed reasonable expenses incurred during the 
performance of his duties and his expenses shall be subject to the approval 
of a justice of the superior court. For the service of civil writs and other 
process ^vhich 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 
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 commissioners. 

201:3 County Sheriffs. Amend RSA 104:29 (supp) as amended by 
1955, 172:1, 247:1, 1957, 156:1, 309:4, 1961, 175:1, 1963, 129:1, 1965, 
162:1, 190:1, 263:1 and 1967, 153:1 by striking out paragraph I and in- 
serting in place thereof the following: 



1967] Chapter 202 241 

I. The annual salaries of the sheriffs of the below named counties 
shall be as follows: 

(a) In Strafford, two thousand dollars. 

(b) In Merrimack, two thousand dollars. 

(c) In Hillsborough, two thousand four hundred dollars. 

(d) In Coos, two thousand dollars. 

201:4 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 14, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 202. 

AN ACT TO AUTHORIZE A COOPERATIVE BANK OR BUILDING AND LOAN ASSO- 
CIATION TO PAY CHARGES AGAINST REAL ESTATE ON WHICH 
IT HOLDS A MORTGAGE. 

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

202:1 Prepayment and Advance of Taxes and Other Charges Author- 
ized. Amend RSA 393 by inserting after section 18 (supp) as amended by 
1961, 136:4; 1963, 313:2; 1965, 317:2; and 1967, 120:1 the following new 
section: 

393:18-a Advance of Taxes and Other Charges and Prepayment of 
Same. Any such corporation may pay taxes, assessments, insurance pre- 
miums, and other charges for the protection of the real estate loans it 
services and such payments may either be added to the balance of the 
real estate loan or carried as a separate account and all such payments shall 
be equally secured by the mortgage on the property. It may also require 
the borrower to pay monthly in advance in addition to interest and prin- 
cipal payments, the equivalent of one-twelfth of the estimated annual 
taxes, assessments, insurance premiums, and any other charges upon the 
real estate securing a loan, so as to enable the bank or association to pay 
such charges as they become due from the funds so received. The amount 
of such monthly charges may be increased or decreased so as to provide 
reasonably for the payment of these expenses. Any such corporation at 
its option may hold such funds in escrow and commingle them with other 
such funds and use the same for such purposes or credit such funds as 
received to the mortgage account. If the funds are credited to the mort- 
gage account the bank or association may also charge against the mortgage 
account the amount of any of the aforementioned payments. Any such 



242 Chapter 203 [1967 

funds held in escrow shall be pledged to further secure the indebtedness 
and if held in open account or credited to the loan account the sums 
■^vhen advanced for the purposes stated shall be secured by the mortgage 
Avith the same priority as the original amount advanced under the mort- 
gage. 

202:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 14, 1967.] 
[Effective date August 13, 1967.] 



CHAPTER 203. 

AN ACT RELATIVE TO THE PREPARATION AND PUBLICATION OF AN EDITION 
OF THE DIRECTORY OF CHARITABLE TRUSTS. 

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

203:1 Register of Charitable Trusts. Amend RSA 7 by inserting after 
section 32 the following new section: 7:32-a Directory. The director of 
charitable trusts shall prepare and distribute from time to time a directory 
giving information relative to charitable trusts. This directory shall be 
for distribution to the public upon the payment of such price therefor as 
determined by the said director. The costs of such publication shall be 
paid from funds appropriated therefor and all funds received from the 
sale of the publication shall be paid to the state treasurer. 

203:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 19, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 204. 

AN ACT TO ENLARGE THE BOARD OF CHIROPRACTIC EXAMINERS, TO LIMIT 
THEIR TERMS OF OFFICE AND TO HAVE ADDITIONAL SUBJECTS OF 

EXAMINATION. 

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

204:1 Examining Board. Amend RSA 316:2 by striking out in line 
two the word "three" and inserting in place thereof the word (five) so that 
the section as amended shall read as follows: 316:2 Eligibility. There 



1967] Chapter 205 243 

shall be a board of chiropractic examiners consisting of five skilled chiro- 
practors who are not physicians, each of whom shall be a graduate of 
some resident school or college of chiropractic, and who shall have resided 
and practiced in this state for at least one year. 

204:2 Method of Appointment. Amend RSA 316:3 by striking out 
the section and inserting in its place the following: 316:3 Term; Ap- 
pointment; Removal. Their term of office is three years. No member 
shall serve more than three terms. Members shall be appointed each year 
by the governor, with the advice and consent of the council. In 1967 one 
member shall be appointed for one year, one for two years and one for 
three years. In 1968 two members shall be appointed; in 1969 two mem- 
bers shall be appointed, and in 1970 one member shall be appointed. 
Thereafter the same sequence shall be followed in appointment of mem- 
bers. Vacancies in said board shall be filled in like manner for the unex- 
pired term, and any member may be removed therefrom by the governor 
and council for cause and after hearing. 

204:3 Additions to Examinations. Amend RSA 316:11, as amended 
by 1963, 222:1, by inserting in line four after the word "neurology" the 
words (bacteriology and chemistry) so that the section as amended shall 
read as follows: 316:11 Examinations. The board shall give a written 
examination in the following subjects: Anatomy, physiology, sympto- 
matology, hygiene, chiropractic orthopedy, histology, pathology, chiro- 
practic X-ray procedures and analysis, neurology, bacteriology and chem- 
istry, and the principles of chiropractic adjusting and nerve tracing. 

204:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 205. 

AN ACT TO EXTEND THE AMOUNT AND REPAYIVIENT 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: 

205:1 Authorized Loans. Amend RSA 393:15-a (supp) as inserted by 
1955, 140:1 and amended by 1957, 194:1 by striking out the section and 
inserting in its place the following: 393:15-a Unsecured Loans. A loan 
association or cooperative bank may loan its funds as follows: 



244 Chapter 206 [1967 

I. In loans insured by the Federal Housing Commissioner under 
Title I of the National Housing Act of 1934 with all subsequent amend- 
ments 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- 
ciation 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 
exceed five thousand dollars; (c) each such loan is evidenced by one or 
more negotiable notes; (d) the resulting aggregate amount of all such 
loans does not exceed an amount equal to ten per cent of a loan associa- 
tion's or cooperative bank's assets; (e) each loan is repayable in regular 
monthly installments within a period of seven years. 

III. In loans, with or without security, for any purpose, provided 
that no such loan shall exceed three thousand dollars, such loan to be 
repayable in regular monthly installments within a period of three 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 repay- 
able in regular monthly installments within a period of seven years, and 
further provided that the aggregate amount of all loans in this paragraph 
III does not exceed five 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. 

205:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 206. 

AN ACT EXTENDING CERTAIN TAX EXEMPTIONS TO VETERANS AND WIDOWS 
OF VETERANS OF KOREA AND VIET NAM. 

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

206;1 Poll Tax Exemption. Amend RSA 72:1 by inserting in lines 
five and seven after the word "wars" the words (conflicts or armed con- 
flicts) so that the section as amended shall read as follows: 72:1 Persons 
Liable. A poll tax of two dollars shall be assessed on every inhabitant of 
the state from twenty-one to seventy years of age whether a citizen of the 
United States or an alien, except paupers, insane persons, the ^vidoAv of 



1967] Chapter 207 245 

any veteran who served in the armed forces of the United States in any 
wars, conflicts or armed conflicts in which it has been engaged, the widow 
of any citizen who served in the armed forces of any country allied with 
the United States in any of the wars, conflicts or armed conflicts as defined 
in sections 28 and 32 of this chapter, and others exempt by special provi- 
sions of law. 

206;2 Veterans of Conflicts or Armed Conflicts. Amend RSA 72:2 
by inserting in line one after the word "war" the words (conflict or armed 
conflict, as hereinafter defined in section 28 of this chapter) and amend 
said section by inserting in line seven after the word "wars" the words 
(conflicts or armed conflicts) so that the section as amended shall read as 
follows: 72:2 Veterans' Exemption. Any veteran of any war, conflict or 
armed conflict, as hereinafter defined in section 28 of this chapter, in 
which the United States has been engaged and any veteran of the armed 
forces of the governments allied with the United States as defined by 
section 32 of this chapter, who shall present to the selectmen or assessors 
of the town in which he lives, for inspection and record, his pension cer- 
tificate awarding to him an invalid pension of any amount, or a discharge 
other than dishonorable from such wars, conflicts or armed conflicts, shall 
thereafter be exempt from the levy of a poll tax. 

206:3 Repeal. RSA 72:l-a (supp) as inserted by 1955, 12:1, relating 
to Korean conflict veterans, is hereby repealed. 

206:4 Allied Veterans of Conflicts and Armed Conflicts. Amend 
RSA 72:32 by inserting in line five after the word "wars" the words (con- 
flicts or armed conflicts) so that the section as amended shall read as fol- 
lows: 72:32 — Veterans of Allied Forces. Any person otherwise entitled 
under the provisions of sections 28, 30 and 31 of this chapter who being a 
citizen of the United States, or being a resident of New Hampshire, at 
the time of his entry therein, served on active duty in the armed forces 
of any of the governments associated with the United States in the xvars, 
conflicts or armed conflicts set forth in section 28 shall be entitled to the 
exemption authorized by said section. 

206:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 207. 

AN ACT INCREASING FEES FOR SHERIFFS AND DEPUTY SHERIFFS. 

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



246 Chapter 207 [1967 

207:1 SherifiEs and Deputy Sheriffs. Amend RSA 104:31 as amended 
by 1957, 123:1 and 1965, 316:2 by striking out the entire section and in- 
serting in place thereof the following new section: 104:31. Fees of 
Sheriffs and Deputy Sheriffs. The fees of sheriffs and deputy sheriffs shall 
be as follows: 

I. For every service of a writ, three dollars; for every service of a 
^vrit of possession, five dollars; for every service of a subpoena, process, 
notice of execution, two dollars. 

II. For every service of a bill, libel or petition, six dollars. 

III. For making attachment of personal property, three dollars. 

IV. For actual travel to serve any writ, notice, subpoena, process or 
execution, to be reckoned from the place of service to the residence of the 
officer, in no case exceeding fifty miles, and for travel to attend any court 
by the order thereof, to be reckoned from the residence of the officer to 
the court, each mile, each way, ten cents. 

V. For levying executions, on the dollar, for the first hundred dollars 
levied, four cents; for all above one hundred dollars, and not exceeding 
five hundred dollars, three cents; for all above five hundred dollars, and 
not exceeding one thousand dollars, two cents; for all above one thousand 
dollars, one cent; minimum fee, five dollars. 

VI. For each day of any session of the superior court, the sheriff 
shall receive twenty-two dollars a day; for each day's actual attendance 
of the superior court by order thereof, each deputy shall receive twenty- 
tTvo dollars a day; for each day's actual attendance at supreme court by 
order thereof, the sheriff and each deputy, twenty-two dollars a day; in 
addition, the sheriff and each deputy, travelling expense to attend any 
court; said fees and expenses to be audited and allowed by the court, to 
be paid out of the county treasury. For attending before a district of 
municipal court, on trials where his presence is required, each day, five 
dollars. 

VII. For making copies of writs each, one dollar. 

VIII. For leaving the copy and return required in the attachment 
of real estate at the office or the dwelling house of a register of deeds, one 
dollar. 

207:2 Effective Date. This act shall take effect August 1, 1967. 
[Approved June 19, 1967.] 
[Effective date August 1, 1967.] 



1967] Chapter 208 247 

CHAPTER 208. 

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

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

208:1 Taking Raccoons by the Use of Traps. Amend RSA 210:2 
(supp) as amended by 1959, 151:1 and 1967, 27:1 by inserting in line two 
after the words "December first" the words (and by the use of traps, in 
Coos, Carroll, and Grafton counties from October twentieth to December 
first and in the rest of the state from November first to December first) 
so that said section as amended shall read as follows: 210:2 Raccoons. 
Raccoons may be taken and possessed w^ith the aid of and by the use of a 
dog and gun from August first to December first, and by the use of traps 
in Coos, Carroll, and Grafton counties from October twentieth to De- 
cember first and in the rest of the state from November first to December 
first. No person shall take more than three raccoons from twelve noon of 
one day to twelve noon of the following day, nor more than twenty-five 
raccoons in one season. No person shall hunt raccoons at night by the use 
of a rifle, revolver, or pistol larger than twenty-two calibre long rifle 
or by the use of shotgun shells carrying shot larger than number four or 
by the use of a light other than a kerosene lantern exclusive of the pres- 
sure type or a flashlight with more than seven cells. No person shall take 
or attempt to take raccoons by use of a light from a motor vehicle. 

208:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 209. 

AN ACT REVISING THE MEMBERSHIP OF THE ADVISORY COMMITTEE TO THE 

TRAFFIC SAFETY COMMISSION TO INCLUDE A REPRESENTATIVE 

FROM THE DIVISION OF PUBLIC HEALTH SERVICES. 

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

209:1 Advisory Committee; Traffic Safety Commission. Amend RSA 
259-A:4 as inserted by 1965, 370:1 by inserting in line five after the word 
"highways" the following words (division of public health services of the 
department of health and welfare) so that said section as amended shall 
read as follows: 259-A:4 Advisory Committee. The heads of the following 
state departments and agencies or their designated representatives shall 



248 Chapter 210 [1967 

constitute an advisory committee to the commission: department o£ safety, 
department of education, attorney general, department of public works 
and highways, division of public health services of the department of 
health and "^velfare, and liquor commission. The members of the advisory 
committee shall participate in the study of traffic safety problems and 
shall present to the commission matters of mutual concern originating 
in their departments. The advisory committee shall meet with the com- 
mission upon request of the commission. 

209:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 210. 

AN ACT TRANSFERRING CERTAIN RECORDS FROM THE ROCKINGHAM COUNTY 
REGISTRY OF DEEDS TO THE RECORDS AND ARCHIVES CENTER. 

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

210:1 Transfer of Records from Rockingham County Registry of 
Deeds. Amend RSA 8-B (supp) as inserted by 1961, 266:1 by inserting 
at the end thereof the following new section: 8-B: 18 Records from Rock- 
ingham County Registry of Deeds. All records of the Rockingham county 
registry of deeds recorded as Rockingham county registry of deeds volumes 
101-239, inclusive, which do, in fact, contain records of transfers of land 
now located in other counties of the state, shall be removed by the divi- 
sion of records management and archives from the county building in 
Exeter to the records and archives center, at a time mutually agreed upon 
by the director of records management and archives and the Rockingham 
county register of deeds. The purpose of this section is to remove from 
the Rockingham county registry of deeds all records concerning real prop- 
erty now located in counties other than Rockingham county. 

210:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



1967] Chapter 211 249 

CHAPTER 211. 

AN ACT PROVIDING FOR A COMMISSION TO STUDY THE RECREATIONAL USES 

OF THE SACO RIVER. 

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

211:1 Commission Established. There is hereby established a com- 
mission consisting of five members to be known as the Saco River Study 
Commission. Two of said members shall be appointed by the governor 
with the consent of the council, one by the speaker of the house of rep- 
resentatives who shall be a member of the house, one by the president of 
the senate who shall be a member of the senate, and one shall be the 
Carroll county member of the fish and game commission. The members 
shall select from their number a chairman and a clerk. 

211:2 Duties. The commission shall study the recreational advan- 
tages of the Saco river and shall develop plans to improve such advan- 
tages including the necessary steps to reintroduce anadromous fish to the 
entire river. It is authorized to work independently or with any commis- 
sion or state agency created by the state of Maine or the federal govern- 
ment that has jurisdiction over the river, its development as a recreational 
resource and as a fishing resource. The commission shall make plans for 
legislation designed to promote and improve the recreational advantages 
of the Saco river within this state and it shall work with agencies of the 
state of Maine and the federal government to make a joint plan for a 
compact designed to improve and develop the recreational advantages of 
the river including fisheries. 

211:3 Recommendations. The commission shall make a report of 
its findings and recommendations to the general court by December 15, 

1968. If any legislation is recommended, the commission shall submit to 
the director of legislative services sufficient information by December 1, 
1968 to enable the director to draft legislation. 

211:4 Completion of Duties. The duties and powers of the commis- 
sion shall terminate seven days before the first Wednesday of the year 

1969, except that the chairman has the power to act after that date if neces- 
sary to complete the work of the commission. 

211:5 Certified Copies to be Transmitted. The secretary of state is 
directed to send a certified copy of this act to the Governor of Maine, 
the president of the senate of Maine, the speaker of the house of repre- 
sentatives of Maine, and to the department of fisheries and game of Maine. 

211:6 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



250 Chapter 212 [1967 

CHAPTER 212. 

AN ACT RELATR'E TO UNCLAIMED SHARES IN ESTATES OF LESS THAN 
TWENTY-FIVE DOLLARS. 

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

212:1 Escheated Estates. Amend RSA 561:10 by striking out said 
section and inserting in place thereof the following: 561:10 Unclaimed 
Share. Whenever, upon a decree of distribution or the settlement of the 
account of an administrator, executor or trustee, there shall be in his 
hands any sum of money in excess of twenty-five dollars belonging to any 
heir, legatee, beneficiary, creditor, or other person whose place of resi- 
dence is unknown and cannot be found, or if such person shall refuse to 
accept or receipt for such sum after being tendered, the administrator, ex- 
ecutor or trustee shall petition the probate court and the court, when 
satisfied that due diligence has been used to find the person entitled to 
such sum or that such sum has been tendered to and refused by such heir, 
legatee, beneficiary, creditor or other person entitled to the same, shall 
decree that the sum be paid over to the state treasurer, and such payment 
shall be a discharge of said administrator, executor or trustee. Any per- 
son entitled to receive such sum may petition the probate court, at any 
time before the final disposition thereof under this chapter, and payment 
to him shall be decreed, upon notice and hearing. 

In the cases of sums of twenty-five dollars or less the probate court, 
after an affidavit has been filed with it by the administrator, executor or 
trustee stating that due effort had been made to find the person entitled 
to such sum, or that said person has refused tender of such sum, may make 
distribution of such sum in accordance with the provisions of this chapter 
but as though those entitled thereto under the original decree of distribu- 
tion or their issue, representatives or assigns had no interest in or against 
the estate. 

212:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 19, 1967.] 
[Effective date August 18, 1967.] 



CHAPTER 213. 

AN ACT IMPOSING TAXES ON MEALS AND ROOMS FOR DISTRIBUTION TO THE 

GENERAL FUND AND TO THE UNINCORPORATED PLACES, 

TOWNS, AND CITIES OF THE STATE. 

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



i 



1967] Chapter 213 251 

213:1 New Chapter. Amend RSA by inserting after chapter 78 the 
following new chapter: 

Chapter 78-A 

Tax on Meals and Rooms 

78-A:l Title. This act may be known and cited as the "Meals and 
Rooms Tax Law". 

78-A:2 Administration. The administration of this chapter is vested 
in the tax commission. The commission may prescribe and publish regu- 
lations and rules to carry into effect the provisions of this chapter. The 
regulations and rulings, when reasonably designed to carry out the intent 
and purpose of this chapter, are prima facie evidence of its proper inter- 
pretation. 

78-A: 3 Definitions. As used in this chapter: 

I. "Commission" means the state tax commission. 

II. "Person" means any individual, combination of individuals, firm, 
partnership, society, association, joint stock company, corporation, or any 
of the foregoing acting in a fiduciary or representative capacity, whether 
appointed by court or otherwise. 

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 accommo- 
dations. The term includes, but is not limited to, inns, motels, tourist 
homes and cabins, ski dormitories, ski lodges, lodging homes, rooming 
houses, furnished room houses, boarding houses, and private clubs. 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 
economic development; 

(c) an establishment operated by a nonprofit corporation or asso- 
ciation organized and operated exclusively for religious, charitable, or 
educational purposes, which, in furtherance of any of the purposes for 
which it was organized, operates a hotel as defined in this section. 

IV. "Operator" means any person operating a hotel, whether as 
owner or proprietor or lessee, sublessee, mortgagee, licensee, or otherwise; 
and any person charging for a taxable meal; and any person engaged in 
both activities. 



252 Chapter 213 [1967 

V. "Occupant" means a person who, for rent paid, uses, possesses, 
or has a right to use or possess any room in a hotel under any lease, con- 
cession, permit, right of access, license, or agreement. The term does not 
include a permanent resident. 

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 accommoda- 
tions accompanying the use and possession of a room. The term does not 
include occupancy by a permanent resident, or by an employee of an 
operator Avhen the occupancy is granted to the employee as pay for his 
employment, or any occupancy furnished in a summer camp for children. 

VII. "Permanent resident" means any occupant who has occupied 
any room in a hotel for at least thirty consecutive days. 

VIII. "Rent" means the consideration received for occupancy valued 
in money, whether received in money or otherwise, including all receipts, 
cash, credits, and property, or services of any kind or nature, and also any 
amount for which the occupant is liable for the occupancy -without any 
deduction of any kind. The term "rent" does not include rental charges 
for living quarters, sleeping, or household accommodations to any student 
necessitated by attendance at a school as defined in this section. 

IX. "School" means an incorporated nonstock educational institu- 
tion, including an institution empowered to confer educational, literary, 
or academic degrees, which has a regular faculty, curriculum, and organ- 
ized body of pupils or students in attendance 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. No part of the earnings of the institution may inure to 
the benefit of any individual. 

X. "Taxable meal" means a meal for which a charge of one dollar 
or more is made. For the purposes of this chapter, a taxable meal includes 
the charge for all beverages including alcoholic beverages, and any charge 
for admissions or any minimum charge in any place where meals are 
served. It includes meals and beverages, whether served for consumption 
on or off the premises, purchased from persons engaged in the business 
of catering or of operating cafes, lunch counters, private and social clubs, 
restaurants, hotels, and other eating and drinking establishments, except 
the folloAving: 

(a) meals served or furnished on the premises of a nonprofit cor- 
poration or association organized and operated exclusively for religious 
or charitable purposes, in furtherance of any of the purposes for which 
it was organized; with the net proceeds of the meals to be used exclu- 
sively for the purposes of the corporation or association; 



1967] Chapter 213 253 

(b) meals served or furnished on the premises of a school as defined 
in this section; 

(c) meals served or furnished on the premises of any institution of 
the state, political subdivision of the state, or of the United States, to in- 
mates and employees of the institutions; 

(d) meals prepared by the employees of a hospital and served in any 
hospital licensed under RSA 151, or a sanitorium, convalescent home, 
nursing home or home for the aged; 

(e) meals furnished by any person while transporting passengers for 
hire by train, bus, or airplane if furnished on any train, bus, or airplane; 

(f) meals furnished by any person while operating a summer camp 
for children, in such camp; 

(g) meals sold by nonprofit organizations at bazaars, fairs, picnics, 
church suppers, or similar events to the extent of four such events of a 
day's duration, held during any calendar year. However, where sales are 
made at such events by an organization required to have a meals and 
rooms registration license or is otherwise required to have a license be- 
cause its selling events are in excess of the number permitted, the sale 
of such meals constitute sales made in the regular course of business and 
are not exempt from the meals and rooms tax levied and imposed by sec- 
tion 6 of this chapter. 

(h) meals furnished to any employee of an operator as pay for his 
employment. 

78-A:4 Licenses Required. No later than thirty days after the effec- 
tive date of this chapter each operator shall register with the commission 
the name and address of each place of business within the state where he 
operates a hotel or sells taxable meals. The operator shall pay the sum 
of one dollar for each registration, upon receipt of which the commission 
shall issue a license for each place in such form as it determines, attesting 
that the registration has been made. The license expires on the thirtieth 
day of June of each odd numbered year, unless sooner revoked or sus- 
pended by the commission. Any person commencing business as an oper- 
ator after the effective date of this chapter shall register with the commis- 
sion prior to commencing business. No person may engage in serving 
taxable meals or renting hotel rooms without the license provided in this 
section. 

78- A: 5 Suspension and Revocation of Licenses; Appeal. 

L The commission may, after notice and hearing, suspend or revoke 
the license of any operator or may refuse to issue or renew any registra- 
tion for failure to comply with the provisions of this chapter or with the 
rules and regulations of the commission promulgated under this chapter. 



254 Chapter 213 [1967 

II. Any operator aggrieved by a suspension, revocation, or refusal 
may appeal from the ruling of the commission to the superior court within 
ten days after written notice of the suspension, revocation, or refusal has 
been mailed or delivered to him. The court shall hear such appeal forth- 
Avith. 

III. If the appealing operator files with the court to which he ap- 
peals a bond running to the state with a surety company authorized to do 
business in this state as surety in a sum fixed by the court, conditioned 
upon the payment of taxes due and to become due during the pendency 
of the appeal, then during such pendency, the suspension or revocation 
appealed from is inoperative. 

IV. If an operator appeals from the refusal of the commission to 
issue or renew a registration, the commission shall issue or renew the 
registration during the pendency of the appeal if the appeal bond is given. 

78-A:6 Imposition of Tax. 

I. A tax of five per cent of the rent is imposed on each occupancy. 

II. A tax is imposed of six cents for each taxable meal for which the 
charge is between one dollar and one dollar nineteen cents inclusive; 
seven cents 'vvhen the charge is between one dollar twenty cents and one 
dollar thirty-nine cents inclusive; eight cents when the charge is between 
one dollar forty cents and one dollar fifty-nine cents inclusive; nine cents 
when the charge is between one dollar sixty cents and one dollar seventy- 
nine cents inclusive; and ten cents when the charge is between one dollar 
eighty cents and one dollar ninety-nine cents inclusive. On each addi- 
tional part of a dollar in the total charge for each taxable meal, the tax 
shall be imposed at the rate of one cent for each twenty cent increment 
over one dollar ninety-nine cents. 

III. The operator shall collect the taxes imposed by this section and 
shall pay them over to the state as provided in this chapter. 

78-A:7 Collection of Tax. 

I. Each operator shall state the amount of the tax to each occupant 
and each purchaser of a taxable meal by issuing a bill or statement for 
each occupancy and taxable meal, showing separately the charges made 
and the tax due thereon. He shall charge for the tax separately from the 
rent or meal charge, and shall demand and collect the tax from such oc- 
cupant or purchaser. The occupant or purchaser shall pay the tax to the 
operator on account of the state, and each operator shall be liable for the 
collection thereof. 

II. Each operator shall keep the amount of all taxes paid to him 
under this chapter in a fund separate and apart from all his other funds. 



1967] Chapter 213 255 

unless the commission otherwise directs. If the commission authorizes 
any operator to commingle the proceeds of the tax with other funds, the 
claim of the state for the tax shall be traceable, shall be enforceable 
against, and shall take precedence over all other claims against the com- 
mingled fund. Each operator shall account to the state for the entire 
amount of all taxes collected. No taxes collected by an operator under 
this chapter shall be sent outside the state without the Avritten consent of 
the commission. 

III. To compensate operators for keeping the prescribed records 
and the proper account and remitting of taxes by them, they are allowed 
to retain one per cent of the amount of the tax due and accounted for 
and remitted by them. The one per cent shall be allowed in the form of 
a deduction in submitting the report of the operator and the payment of 
the amount due by him. The one per cent shall not be granted with re- 
spect to any taxes not paid on or before the due date, nor unless the oper- 
ator has complied with all pertinent rules and regulations promulgated 
by the commission and with all other requirements of this chapter. 

78-A:8 Returns and Payment. The taxes imposed by this chapter 
are due and payable in quarterly installments on or before the last day of 
the calendar month succeeding the quarter ending the last day of March, 
June, September and December of each year. Each operator shall make 
out, swear to, sign, and file with the commission a return for each quarter. 
The return shall be on a form prescribed and provided by the commis- 
sion which shall distribute the return forms to the operators. No operator 
is excused from liability for failure to file a return or pay the tax because 
he has failed to receive a form. Any operator wilfully making a false re- 
turn is guilty of perjury. A remittance for the amount of taxes shall ac- 
company each quarterly return. 

78-A:9 Optional Dates; Extensions. Upon written request and for 
good cause shown, the commission may authorize an operator whose books 
and records are not kept on a calendar month basis or whose hotel or 
establishment for the sale of taxable meals is operated only during certain 
seasons of the year to file returns at other times than those specified in 
section 8 of this chapter. Except seasonal hotels and seasonal eating estab- 
lishments, no taxpayer may make less than four returns during a year. 
If the commission believes special action is necessary ^vhere collection of 
the tax may be in jeopardy, it may require an operator to file returns and 
pay taxes under this chapter at any time or from time to time. Except as 
to the time of filing and the period covered, all the provisions as to re- 
turns required by sections 2-8 inclusive of this chapter are applicable to 
returns made under this section and a remittance for the tax due shall 
accompany any return filed under this section. On written application 
and for good cause sho-wn, the commission may extend the time for mak- 
ing any return required by this chapter. 



256 Chapter 213 [1967 

78-A:10 Overpayment; Refunds. Upon application by an operator, 
if the commission determines that any tax, interest or penalty has been 
paid more than once, or has been erroneously or illegally collected or 
computed, the tax, interest, or penalty shall be credited by the commis- 
sion on any taxes then due from the operator under this chapter. The 
treasurer shall refund the balance to the operator or his successors, ad- 
ministrators, executors, or assigns upon order of the commission. No such 
credit or refund shall be allowed after two years from the date the return 
Avas due. 

78-A:ll Assessment of Additional Tax. 

I. If any operator fails to make a return as required by this chapter, 
the commission may make an estimate of the tax liability of the operator 
from any information it may obtain, and according to such estimate so 
made by it, 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. 

II. After a return is filed under the provisions of this chapter, the 
commission shall cause the return to be examined, and may make such 
further audits or investigation as it considers necessary. If it determined 
that there is a deficiency with respect to the payment of any tax due under 
this chapter, it shall assess the taxes and interest due the state, shall give 
notice of the assessment to the persons 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 fraudu- 
lent. 

III. If the commission 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 prejudice or to render wholly or partially ineffective proceed- 
ings to collect the tax, unless proceedings be brought without delay, the 
commission shall cause notice of the finding to be given the operator, 
together with a demand for an immediate tax return and immediate pay- 
ment of the tax. If the tax return and payment are not made "when de- 
manded, the commission may make an estimate of the tax liability of the 
person from any information it may obtain and, according to such esti- 
mate may assess the taxes due the state from the person. The commission 
shall give notice of the assessment to the operator and shall make a de- 
mand for payment of the tax. The assessment is presumed 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 payable. The at- 
torney general may at the same time, without delay, bring suit for the 
collection of the tax. 

78-A:12 Petition for Reconsideration. Any operator against whom 
an assessment has been made by the commission under the provisions of 



1967] Chapter 213 257 

section 1 1 of this chapter, and any person aggrieved by the refusal of the 
commission to make a refund requested under section 10 of this chapter, 
may petition for a reconsideration within fifteen days after notice has 
been given the person as provided in this chapter. If a petition for recon- 
sideration is not filed within fifteen days, the amount of the assessment 
or the refusal to refund becomes final at the expiration of fifteen days as 
to law and fact. If a petition for a reconsideration is filed within fifteen 
days, the commission shall reconsider the assessment or the refusal, and, 
if the petitioner so requested in his petition, shall grant the petitioner an 
oral hearing and shall give the petitioner ten days' notice of the time 
and place of the hearing. For a cause shown the commission may extend 
the time for filing the petition. If appeal is not taken as provided in sec- 
tion 13 of this chapter, the assessment or the refusal to refund upon recon- 
sideration becomes final as to law and fact at the expiration of the thirty 
day period therein allowed for the taking of appeals. 

78-A:13 Appeals. 

I. Any person aggrieved by a decision of the commission upon a 
petition for a reconsideration 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 
subject to this chapter. 

II. Upon the filing of an appeal, the clerk of the court shall issue an 
order of notice requiring the commission to file with the court a certified 
copy of the record in the proceeding, together with such of the evidence 
introduced before or considered by the commission as may be specified 
by any party in interest, as well as such other evidence, so introduced 
and considered as the commission wishes to specify, together with the 
originals or copies of all exhibits introduced in evidence before the com- 
mission. 

III. The court shall take from the appellant a bond or recognizance 
to the state, with surety, to prosecute the appeal to effect, and to comply 
with the orders and decrees of a court in the premises. Such appeals shall 
be preferred cases for hearing on the docket of the court. The court may 
grant such relief as may be equitable, and may order the state treasurer 
to pay to the aggrieved taxpayer the amount of the relief requested 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. 

78-A:14 Hearings. 

I. The commission may conduct hearings. It may administer oaths to 
and examine under oath any person, including the operator, relative to 
the business of the operator, in respect to any matter incident to the ad- 



258 Chapter 213 [1967 

ministration of this chapter. The provisions of this section also apply to 
any person whom the commission has reason to believe is liable for the 
payment of the tax under this chapter. 

II. The commission has the power to compel the attendance of wit- 
nesses and the production of any books, records, papers, vouchers, ac- 
counts, or documents of any operator, or of any person whom the com- 
mission has reason to believe is liable for the payment of the tax under 
this chapter, or of any person believed to have information pertinent to 
any matter under investigation by the commission at any hearing held 
under this chapter. The fees of witnesses required to attend any hearing 
are the same as those allowed the witnesses appearing in the superior 
court. Fees shall be paid in the manner provided for the payment of other 
expenses incident to the administration of this chapter. 

III. Any examination under oath conducted by the commission may, 
in its discretion, be reduced to writing. Wilful false testimony in the ex- 
amination is perjury and may be punished as perjury. 

IV. Any superior court judge upon application of the commission 
may compel the attendance of witnesses, the giving of testimony, and the 
production of any books, records, papers, vouchers, accounts, or docu- 
ments before the commission in the same manner, to the same extent, and 
subject to the same penalties as if the hearings ^v^ere before a superior 
court. 

~^8-A:15 Notices. Any notice required to be given by the commission 
pursuant to this chapter to any person may be served personally, or by 
sending the notice by registered or certified mail to the person for whom 
it is intended, addressed to the person at the address given in the last 
report filed by him pursuant to the provisions of this chapter, or if no 
report has been filed, then to the address of his last kno^vn abode; or in 
the case of other than an individual, addressed to the last known business 
address. 

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-half of one per cent each 
month or fraction of a m.onth 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 im- 
posed by this chapter. For a reasonable cause the commission may abate 
all or any part of the interest, 

78-A:17 Penalties. 

I. Whenever the commission determines that any tax assessed under 
this chapter was unpaid due to negligence or disregard of the provisions 
of this chapter or of any ruling or regulation of the commission issued 



1967] Chapter 213 259 

pursuant to the provisions of this chapter, but without intent to defraud, 
a penalty of ten per cent of tlie amount of the tax as determined by the 
commission shall be added to the assessment and interest at one per cent 
of the tax for each month or fraction of a month during which the tax 
remains unpaid. 

II. Whenever any tax assessed under this chapter was unpaid due 
to fraud with intent to evade the tax imposed by this chapter, a penalty 
of twenty-five per cent of the amount of the tax as determined by the 
commission shall be added to the assessment, and interest at one per cent 
of the tax for each month or fraction of a month during which the tax re- 
mains unpaid. 

III. For reasonable cause the commission may waive or abate all 
or any part of the penalties and the interest imposed under this section. 

78-A:18 Violations. 

I. Any operator who wilfully fails, neglects, or refuses to comply 
with or violates the provisions of this chapter relative to the taxes on 
meals and rooms, or the provisions of regulations promulgated by the 
commission under this chapter relative to the taxes, is guilty of a mis- 
demeanor. Upon conviction for a first offense he may in the discretion 
of the court be sentenced to pay a fine of not more than two hundred 
and fifty dollars or to be imprisoned for not more than sixty days, or 
both; and for a second or subsequent offense he may in the discretion 
of the court be sentenced to pay a fine of not less than two hundred and 
fifty dollars or more than five hundred dollars or be imprisoned for not 
more than six months, or both. 

II. For the purpose of this section, every operator required to 
obtain a license under section 4 of this chapter who is engaged in any 
business for which registration is required under that section without 
being the holder of a currently valid registration license, commits a 
separate offense for each calendar week or part thereof during which 
he is so engaged. 

78-A:19 Records; Inspection. Each operator shall keep separate 
books or records of his business in such reasonable form as the commis- 
sion from time to time requires by regulation. Each operator shall keep 
the books and records for two years in such a manner to insure per- 
manency and accessibility for inspection by the commission and its 
authorized representatives. The records shall be open for inspection 
by the commission or its authorized representative at all reasonable 
times. The commission or its authorized representative may enter in 
or upon any premises where sleeping accommodations are rented or 
taxable meals are sold to determine whether the provisions of this 
chapter are being obeyed, and may examine the books, papers, records, 
and premises of any operator for the purpose of determining whether 
the taxes imposed by this chapter have been fully paid. 



260 Chapter 213 [1967 

78-A:20 Taxes as Personal Debt to State. 

I. All taxes required to be paid by operators, and all increases, 
interest, and penalty on the taxes, become from the time due and pay- 
able to the commission a personal debt from the operator liable to pay 
them to the state to be recovered in an action of contract on this statute. 

II. An action may be brought by the attorney general at the in- 
stance of the commission in the name of the state to recover the amount 
of taxes, penalties, and interest due from the operator, if the action is 
brought within three years after the taxes, penalties, and interest are 
due. The action is returnable in the county where the operator resides 
if he is a resident of the state; and if a nonresident, the action is re- 
turnable to the county of Merrimack. The limitation of three years in 
this section does not apply to a suit to collect taxes, penalties, interest, 
and costs when the operator filed a fraudulent return or failed to file a 
return when the return was due. 

78-A:21 Taxes as Property Lien. If any operator required to collect 
and transmit a tax under this chapter neglects or refuses to pay the tax 
after dem^and, the amount, together with all penalties and interest pro- 
vided for in this chapter and together with any costs that may accrue 
in addition to the tax becomes a lien in favor of the state upon all 
property and rights to property whether real or personal, belonging to 
the operator. The lien arises at the time demand is made by the com- 
mission and continues until the liability for the sum, with interest and 
costs, is satisfied or becomes unenforceable. Certificates of release of such 
lien shall be given by the commission on the satisfaction of the lien. 

78- A: 22 Records, Secrecy; Exceptions; Penalties. 

I. Except in accordance with proper judicial order or as otherwise 
provided by laAV, the commission, a deputy or any agent, clerk or other 
officer or employee in the commission's office shall not divulge or make 
known in any manner any particulars set forth or disclosed in any report 
or return required under this chapter or disclosed by any investigation 
of the books, records, or premises of any operator authorized under 
this chapter. 

II. Nothing contained in this chapter prohibits the publication 
of statistics so classified as to prevent the identification of particular 
reports or returns and the items of the reports or returns, nor prohibits 
the inspection by the attorney general, the commissioner of internal 
revenue of the United States, or their agents of the reports, returns, 
books, or records of any operator. 

III. Reports and returns shall be preserved for two years and there- 
after until the commission orders them destroyed. 



1967] Chapter 213 261 

IV. A person who violates a provision of this section shall be fined 
not more than one thousand dollars or imprisoned not more than one 
year, or both, and if the offender is an officer or employee of the state, 
he shall be dismissed from office and be incapable of holding any public 
office for a period of five years thereafter. 

78-A:23 Disposition of Funds. The tax commission shall pay over 
all funds collected under this chapter to the state treasurer, for deposit 
in the meals and room tax fund. On or before October 1 of each year, 
the tax commission shall determine the cost of the administration of 
this chapter for the fiscal year ending on the preceding June 30 and it 
shall notify the state treasurer of these costs by a report certified by 
them as to its correctness. After deducting the costs of the administra- 
tion of the chapter from the total income and on or before October 15 
of each year the treasurer shall distribute the net income as follows: 

(a) Sixty per cent into the general fund; 

(b) Forty per cent to the unincorporated places, towns, and cities 
to be divided on the basis of a flat grant per resident pupil in each 
unincorporated place, town, and city for the preceding school year as 
certified by the commissioner of education. 

78-A:24 Expenses. Expenses under this chapter are a charge upon 
the tax collected. Until taxes are received, the state treasurer shall pay 
the expenses out of the general funds and he shall reimburse the 
general funds when taxes are collected. 

213:2 Effective Period of the Tax. The provisions of RSA 78-A as 
inserted by section 1 of this act shall be in effect for the collection of 
taxes for two years after the effective date of the chapter as inserted. 
At the end of the two-year period the provisions of RSA 78-A are sus- 
pended unless the general court enacts legislation to continue the tax 
and the other provisions of the chapter. 

213:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 20, 1967.] 
[Effective date August 19, 1967.] 
[Effective Date Changed by 1967, 409: 10 so that 

RSA 78-A: 6 is effective August 19, 1967 and the 

entire balance of the act is effective July 7, 1967.] 



262 Chapter 214 [1967 

CHAPTER 214. 

AN ACT RELATIVE TO TRAFFIC IN MOTOR VEHICLES WITH CHANGED 
IDENTIFICATION NUMBERS AND REPORTS OF UNCLAIMED MOTOR VEHICLES. 

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

Court convened: 

214:1 Motor Vehicle Violations. Amend RSA 260 by inserting after 
section 7 the following new sections: 

260:7-a — Changed or Removed. Any person who buys, receives, 
possesses, sells or disposes of a motor vehicle or an engine for a motor 
vehicle, knowing that an identification number of said motor vehicle 
or engine has been removed, defaced, obliterated, or changed shall be 
fined not more than one hundred dollars or imprisoned not more than 
six months, or both; provided, however, if upon discovery by any person 
that an identification number has been removed, defaced, obliterated, 
or changed, he shall report the same to the nearest police station and 
shall not be charged with a violation of this section. 

260:7-b — Concealing Identity of Vehicle. Any person who buys, 
receives, possesses, sells or disposes of a motor vehicle or an engine for 
a motor vehicle, with knowledge that an identification number of the 
motor vehicle or engine has been removed, defaced, obliterated, or 
changed and with intent to conceal or misrepresent the identity of the 
motor vehicle or engine shall be fined not more than five hundred 
dollars, or imprisoned not less than one nor more than three years, or 
both. 

214:2 Unclaimed Motor Vehicles. Amend RSA 266 by inserting at 
the end thereof the following new subdivision: 

Unclaimed Motor Vehicles 

266:9 Report Required. Any operator of a place of business for 
garaging, repairing, parking or storing motor vehicles for the public, 
in which a motor vehicle remains unclaimed for a period of thirty days 
shall, within ten days after the expiration of that period, report said 
vehicle as unclaimed to the nearest police station. Such report shall 
be on a form prescribed by the department of safety. A motor vehicle 
left by its owner whose name and address are known to the operator 
or his employee is not considered unclaimed. 

266:10 Forfeiture of Liens. Any person who fails to report a motor 
vehicle as unclaimed, as required by this subdivision, shall forfeit all 
claims and liens for its garaging, parking or storing and shall be fined 
not more than fifty dollars or imprisoned not more than three months. 

214:3 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Efeective date August 21, 1967.] 



1967] Chapter 215 263 

CHAPTER 215. 

AN ACT RELATING TO EXCAVATING, FILLING AND DREDGING IN AND 
ADJACENT TO TIDAL WATERS. 

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

215:1 Tidal Waters. Amend RSA by inserting after chapter 483 the 
following new chapter: 

Chapter 483-A 
Tidal Waters 

483-A: 1 Excavating and Dredging. No person shall excavate, remove, 
fill or dredge any bank, flat, marsh, or swamp in and adjacent to tidal 
waters without written notice of his intention to excavate, remove, fill 
or dredge to the New Hampshire Port Authority. Said notice shall be 
sent by registered mail to the New Hampshire Port Authority at least 
thirty days prior to such excavating, removing, filling or dredging with 
a detailed plan drawn to scale of the proposed project. 

483-A:2 Hearing. The New Hampshire Port Authority shall hold a 
public hearing on said proposal within thirty days of the receipt of said 
notice, and shall notify by mail the person intending to do such ex- 
cavating, removing, filling or dredging, the department of public works 
and highways, the selectmen or the proper city official of the municipality 
involved, the office of planning and research, division of economic de- 
velopment or its successor, the water pollution commission and the 
New Hampshire fish and game department of the time and place of 
said hearing. 

483-A: 3 Powers of New Hampshire Port Authority. The New 
Hampshire Port Authority may deny the petition, or may require the 
installation of bulkheads, barriers, proper retention and, or, contain- 
ment structures to prevent subsequent fill runoff back into tidal waters 
or other protective measures. If the area on which the proposed work is 
to be done contains shellfish or is necessary to protect marine fisheries 
and wildlife, the director of the New Hampshire fish and game depart- 
ment may impose such conditions or measures as he may determine 
necessary to protect such shellfish or marine fisheries and wildlife, and 
work shall be done subject thereto. 

483-A:4 Rehearing. Any party to the action or proceedings before 
the New Hampshire Port Authority may apply for a rehearing under 
the procedure as provided by RSA 541. 

483-A:5 Penalty. Whoever violates any provision of this chapter 
shall be liable for the removal of fill, spoil or structure placed in viola- 
tion hereof and shall be fined not more than one thousand dollars, and 



264 Chapter 216 [1967 

the superior court shall have jurisdiction in equity to restrain a con- 
tinuing violation of this chapter. 

215:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 22, 1967.] 
[Effective date June 22, 1967.] 



CHAPTER 216. 

AN ACT RELATIVE TO ENACTING OR AMENDING ZONING ORDINANCES 
IN TOWNS AND DISTRICTS. 

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

216:1 Method of Enactment in Towns and Village Districts — By 
Zoning Commission and Planning Board. Amend section 63-a (supp) of 
RSA 31 as inserted by 1963, 5:2 and amended by 1965, 318:1 by striking 
out said section and inserting in place thereof the following sections: 

31:63-a Method of Enactment in Towns and Village Districts. Each 
village district must be specifically authorized to zone by the legislature. 
Any proposed zoning ordinance, as submitted by a planning board or 
a zoning commission or any amendment to an existing zoning ordinance 
as proposed by a zoning commission, planning board, board of selectmen 
or village district commission shall be submitted to the voters of a town 
or village district in the following manner: There shall be at least two 
public hearings at least fifteen days apart on the regulation or restriction 
at -^vhich parties in interest and citizens shall have an opportunity to 
be heard. At least fifteen days' notice of the time and place of each 
such public hearing shall be published in a paper of general circulation 
in the town or village district and a legal notice thereof shall also be 
posted in at least three public places in such town or village district. 
The public hearings shall be held by the zoning commission or the 
planning board. After the first public hearing, the zoning commission 
or the planning board shall consider all changes proposed to the ordi- 
nance or amendment at that hearing, and shall vote to accept or reject 
such changes prior to the second public hearing. The notice of the 
second public hearing must include either the text or an adequate state- 
ment of all changes in the proposed ordinance or amendment considered 
at the first hearing which were subsequently accepted by the zoning 
commission or the planning board. At least fifteen days' notice of the 
time and place of each such public hearing shall be published in a 
paper of general circulation in the town or village district and a notice 
thereof shall also be posted in at least three public places in such town 



1967] Chapter 216 265 

or village district. After the second public hearing the zoning com- 
mission or the planning board shall, by vote, determine the final form 
of the ordinance, amendment or amendments, to be presented to the 
town or village district which shall conform, in substance, to that sub- 
mitted to the second hearing but may include editorial revisions and 
textual modifications resulting from the proceedings of that hearing. 
Official copies of the final proposed ordinance, amendment or amend- 
ments, to an existing ordinance and of any proposed zoning map, shall 
be placed upon file, and shall be made available to the public, at the 
office of the town or village district clerk two weeks prior to the date 
at which action is to be taken, and a like copy of the proposed ordinance 
or amendment to an existing ordinance, and of any proposed zoning 
map, shall be on display to the voters on the day of the meeting. If the 
town or village district has adopted an official ballot for the election 
of its respective officers, the issue as to the adoption of the proposed 
ordinance or amendment shall be presented to the voters of the town 
or village district by the inclusion of the following question on the said 
official ballot as prepared by the town or village district clerk: "Are 
you in favor of the adoption of the zoning ordinance, (or amendment 
to the existing town (village district) zoning ordinance) as proposed by 
the planning board (zoning commission)?" In the event that there shall 
be more than a single proposed amendment to be submitted to the voters 
at any given meeting, the issue as to the several amendments shall be 
put in the following manner: "Are you in favor of the adoption of 

Amendment No as proposed by the planning board (the zoning 

commission) for the town (village district) zoning ordinance as follows?" 
(Here insert topical description of substance of amendment.) If such 
action is to be taken at a meeting other than the one at which officers 
are to be elected the clerk shall prepare a special ballot containing the 
question or questions above stated and the meeting shall open not later 
than noon and shall remain open at least eight hours. If such action is 
to be taken at a meeting in a town or village district which has not 
adopted an official ballot the clerk shall likewise prepare a special ballot 
for the use of voters in voting on the question. If a majority of the voters 
present and voting on any question or questions as herein provided shall 
vote in the affirmative the ordinance or amendment thereto shall be 
declared to have been adopted. When submitting any question to the 
voters under this section, the form of the ballot shall be as prescribed 
byRSA59:12-a. 

31:63-b By Petition. Upon the petition of twenty-five voters for an 
amendment to a zoning ordinance, the zoning commission or the plan- 
ning board, shall proceed and submit the amendment or amendments 
to the voters of a town or village district as prescribed in section 63-a. 
The planning board or zoning commission may not reject the amend- 
ment or amendments proposed by the petition of twenty-five voters, but 



266 Chapter 217 [1967 

shall submit the proposed amendment or amendments to the voters as 
offered by the petition. The petitioners shall submit the proposed 
amendment or amendments to the zoning ordinance in correct form to 
amend the existing zoning ordinance as determined by the selectmen 
or village district commissioners. The following question shall be sub- 
mitted to the voters: "Are you in favor of the adoption of the amend- 
ment to the zoning ordinance as proposed by petition of the voters for 
this town (village district)?" The approval or disapproval of the planning 
board or the zoning commission shall also be noted on the ballot im- 
mediately following the question. In the event that there shall be more 
than a single proposed amendment to be submitted to the voters at any 
given meeting, the issue as to the several amendments shall be put in 
the following manner: "Are you in favor of the adoption of Amend- 
ment No as proposed by petition of the voters for this town (village 

district)?" (Here insert topical description of substance of amendment.) 
The approval or disapproval of the planning board or the zoning com- 
mission shall also be noted on the ballot immediately following the 
question. An amendment proposed by petition shall be submitted to 
the voters only at an annual town or village district meeting. 

216:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 217. 

AN ACT RELATIVE TO PREPARATION OF THE APPROPRIATION ACTS FOR 

1967-68 AND 1968-69. 

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

217:1 Appropriation Acts. Notwithstanding any other provisions 
of laws the appropriation acts for the fiscal years ending June 30, 1968, 
and June 30, 1969, shall not be engrossed by the secretary of state as 
provided in RSA 14:8 but a photographic copy of each of said acts shall 
be made from the original bills and such photographic copies shall be 
signed by the speaker of the house and president of the senate and 
presented to the governor for his approval as required by RSA 14:9. 
Said acts so prepared shall be deemed to have been properly engrossed. 

217:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 22, 1967.] 
[Effective date June 22, 1967.] 



1967] Chapter 218 267 

CHAPTER 218. 

AN ACT RELATIVE TO A WIFE'S RIGHT TO RECOVER FOR LOSS OF CONSORTIUM 
TO THE SAME EXTENT THAT A HUSBAND MAY DO SO. 

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

218:1 Right of Action. Amend RSA 507 by inserting after section 
8 the following new section: 8-a Loss of Consortium. In a proper action, 
either a wife or husband is entitled to recover damages for loss or im- 
pairment of right of consortium whether caused intentionally or by 
negligent interference. 

218:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 219. 

AN ACT TO EXEMPT VETERANS, INCLUDING VIET NAM VETERANS, FROM 

PAYMENT OF FIFTY DOLLARS OF REAL ESTATE TAXES AND WIDOWS 

AND TOTALLY DISABLED IN PROPORTION. 

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

219:1 Fifty Dollar Service Exemption. Amend RSA 72:28, I (supp) 
as amended by 1955, 289:1; 1963, 49:1, 118:1, and 324:1; and 1967, 35:1 
by striking out the same and inserting in place thereof the following: 
I. Every resident of this state who served not less than ninety days in 
the armed forces of the United States in any of the following wars or 
armed conflicts, the Spanish War, Philippine Insurrection, Boxer Re- 
bellion, World War I, World War II, Korean Conflict, or Viet Nam 
Conflict, as hereinafter defined who has been discharged or separated 
therefrom under conditions other than dishonorable or the spouse of 
such resident, or the widow of such resident, and every resident, or the 
spouse of such resident, whose services were terminated for a service- 
connected disability, in consideration of such service, shall be exempt 
each year from taxation upon his or her residential real estate in the 
amount of fifty dollars in taxes, and the -widow of any such resident 
who suffered a service-connected death shall be exempt each year from 
taxation upon her real estate whether residential or not in the amount 
of fifty dollars in taxes. 

219:2 Delinquent Taxes. Amend RSA 72:28-11, (supp) as amended 
by 1955, 289:1; 1963, 49:1, 118:1, and 324:1 by striking out the same 



268 Chapter 219 [1967 

and inserting in place thereof the following: II. No exemption shall be 
granted to a resident otherwise qualified for exemption, who is de- 
linquent in the payment of any taxes due the state or any political 
subdivision of the state, except to a resident, the spouse of a resident, 
or the ^vidow of a resident whose service in the armed forces was ended 
for a service-connected disability. 

219:3 Widows of Persons Killed on Duty. Amend RSA 72:29-a 
(supp) as inserted by 1963, 174:2 by striking out the same and inserting 
in place thereof the following: 72:29-a Widows. The widow of any per- 
son 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 con- 
flicts, 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 residential or not, in the amount of four 
hundred dollars in taxes. 

219:4 Limitation on Fractional Interests. Amend RSA 72:30 (supp) 
as amended by 1955, 289:2 by striking out the same and inserting in 
place thereof the following: 72:30 — Proration of Exemption. If any 
entitled person or persons shall own a fractional interest in residential 
real estate each such entitled person shall be granted exemption in pro- 
portion to his interest therein with other persons so entitled, but in no 
case shall the total exemption exceed fifty dollars except as provided 
in section 31. 

219:5 Dual Exemption. Amend RSA 72:31 (supp) as amended by 
1955, 289:3 by striking out the same and inserting in place thereof the 
following: 72:31 — Husband and Wife. A husband and wife, each 
qualified for exemption, shall be exempt each year from taxation upon 
their residential real estate in the amount of one hundred dollars in 
taxes. 

219:6 Total Disability. Amend RSA 72:35 (supp) as amended by 
1955, 283:1, 1963, 174:1 by striking out the same and inserting in place 
thereof the following: 72:35 — Total Disability. If any person, qualified 
as defined in section 28 of this chapter, shall be totally and permanently 
disabled from service connection and satisfactory proof of such service 
connection is furnished to the assessors, or if such person be a double 
amputee or 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 four 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 ownership, the limit 
of exemption shall be four 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 



1967] Chapter 220 269 

or paraplegic as a result of service connection and owns a specially 
adopted homestead which has been acquired with the assistance of vet- 
erans administration he shall be exempt from all taxation on said 
homestead. 

219:7 Special Appropriation. Amend RSA 41 by inserting after 
section 15-a (supp) as inserted by 1963, 120:2 the following new section: 
41:15-b Service Exemptions Added to Appropriations. Selectmen and 
assessors shall total the amount to be credited to veterans upon their 
tax bills, when the same has been determined, and add the same to the 
total amount of appropriations voted by the town or city as certified 
to the tax commission for the purpose of having a rate per cent of taxa- 
tion computed. 

219:8 Effective Date. This act shall take effect April 1, 1968. 
[Approved June 22, 1967.] 
[Effective date April 1, 1968.] 



CHAPTER 220. 

AN ACT RELATING TO THE SALE OF PISTOLS AND REVOLVERS. 

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

220:1 Definition Modified. Amend RSA 159:1 by striking out said 
section and inserting in place thereof the following: 159:1 Definition. 
Pistol or revolver, as used herein, means any firearm with barrel less 
than sixteen inches in length. It does not include antique pistols or 
revolvers. An antique pistol or revolver, for the purposes of this chapter, 
means any pistol or revolver utilizing an early type of ignition, includ- 
ing, but not limited to, flintlocks, -^vheel locks, matchlocks, percussions 
and pin-fire, but no pistol or revolver which utilizes center fire or rim 
fire cartridges shall be deemed to be an antique pistol or revolver. 

220:2 Sentence Mandatory. Amend RSA 159:2 by striking out said 
section and inserting in place thereof the following: 159:2 Carrying by 
Offenders. If any person shall commit or attempt to commit a crime 
when armed with a pistol or revolver, he shall, in addition to the punish- 
ment provided for the crime, be imprisoned not less than two years nor 
more than five years for a first such offense. For any subsequent offense, 
such additional imprisonment shall be not less than ten years nor more 
than twenty years. The additional sentence of imprisonment hereby pro- 
vided shall not be served concurrently with any other term; and no 
part of such additional term of imprisonment shall be suspended. The 
provisions of RSA 607 relative to parole shall not apply to any sentence 
imposed pursuant to the provisions of this section. 



270 Chapter 220 [1967 

220:3 Subsequent Offenses. Amend RSA 159:4 by striking out said 
section and inserting in place thereof the following: 159:4 Carrying 
Without License. No person shall carry a loaded pistol or revolver in 
any vehicle or concealed upon his person, except in his dwelling house 
or place of business, without a license therefor as hereinafter provided. 
A loaded pistol or revolver shall include any pistol or revolver with a 
magazine, cylinder, chamber or clip in which there are loaded cartridges. 
Whoever violates the provisions of this section shall, for the first such 
offense, be fined not more than one hundred dollars, or imprisoned not 
more than one year. For the second and for each subsequent violation 
of the provisions of this section, such person shall be imprisoned not 
less than two years nor more than five years. 

220:4 Action on Application. Amend RSA 159:6, as amended by 
1959, 100:1 and 1961, 166:3 by inserting after the word "years" in line 
thirteen the words (The license shall be issued within seven days after 
application therefor, and, if such application is denied, the reasons for 
such denial shall be stated in writing, the original of which such T\Titing 
shall be delivered to the applicant, and a copy thereof kept in the office 
of the person to xvhom the application was made) so that said section 
as amended shall read as follows: 159:6 License to Carry. The select- 
men of a town or the mayor or chief of police of a city, or some full-time 
police officer designated by them respectively, upon application of any 
resident of said town or city, or the director of state police, or some 
person designated by him, upon application of a nonresident, shall issue 
a license to such applicant authorizing him to carry a loaded pistol or 
revolver in this state for not more than two years from the date of issue, 
if it appears that the applicant has good reason to fear injury to his 
person or property or has any proper purpose, and that he is a suitable 
person to be licensed. Hunting or target shooting shall be considered a 
proper purpose. The license shall be in duplicate and shall bear the 
name, address, description and signature of the licensee. The original 
thereof shall be delivered to the licensee and the duplicate shall be pre- 
served by the person issuing the same for two years. The license shall 
be issued within seven days after application therefor, and, if such ap- 
plication is denied, the reasons for such denial shall be stated in writing, 
the original of which such writing shall be delivered to the applicant, 
and a copy thereof kept in the office of the person to whom the appli- 
cation was made. The fee for licenses issued to residents of the state 
shall be two dollars, which fee shall be for the use of the law enforce- 
ment department of the town granting said licenses; the fee for licenses 
granted to out of state residents shall be four dollars, which fee shall 
be for the use of the state. 

220:5 Places of Business. Amend RSA 159:8, I by striking out said 
paragraph and inserting in place thereof the folloAving: I. The business 
shall be carried on only in the building designated in the license or at 



1967] Chapter 220 271 

any organized sporting show or arms collectors' meeting sponsored by a 
chartered club or organization. 

220:6 Nonresidents. Amend RSA 159 by inserting after section 8 
the following new sections: 

159:8-a Sales to Nonresidents; Attorney General. No person holding 
a license issued under the provisions of section 8 shall sell a pistol or re- 
volver to a nonresident unless such nonresident has authority under the 
la-\vs of the state of his residence, to purchase a pistol or revolver in the 
state of his residence, or unless the director of the division of state police, 
for good cause shown, has issued to such nonresident a permit for the pur- 
chase of a pistol or revolver. The attorney general shall, at least once an- 
nually, file with the secretary of state a summary of the la^vs of each state 
of the United States relative to the purchase of pistols and revolvers in 
such states; and a licensee may rely upon such summary in determining 
if a nonresident offering to purchase a pistol or revolver has authority to 
make such purchase under the la"^vs of the state of his residence. 

159:8-b Penalties. If a licensee shall in any court be found guilty of 
a violation of any of the provisions of section 8-a, such court shall, for 
each such violation, order the suspension of his license for a period of 
three months, and may, in addition, impose a fine not in excess of one 
hundred dollars. 

220:7 Illegal Sales. Amend RSA 159:10 by striking out said section 
and inserting in place thereof the following: 159:10 Sale Without License. 
Whoever, without being licensed as herein provided, sells, advertises or 
exposes for sale, or has in his possession with intent to sell, pistols or re- 
volvers shall, for a first offense, be fined not more than two hundred 
dollars or imprisoned not more than two years, and for a second or sub- 
sequent offense, he shall be fined not less than five hundred dollars nor 
more than one thousand dollars, or be imprisoned not more than t^vo 
years, or both. 

220:8 False Statements. Amend RSA 159:11 by striking out said 
section and inserting in place thereof the following: 159:11 False In- 
formation. If any person in purchasing or otherwise securing delivery of 
a pistol or revolver shall give false information or offer false evidence of 
his identity he shall for a first offense be fined not less than one hundred 
dollars and not more than five hundred dollars, and for a second or subse- 
quent offense he shall be imprisoned not less than one year and not more 
than three years. 

220:9 Exemption. Amend RSA 159 by inserting after section 13 the 
following new section: 159:14 Exemption. None of the provisions of 
this chapter shall prohibit an individual not licensed under the provisions 
thereof who is not engaged in the business of selling pistols or revolvers 



272 Chapter 221 [1967 

from selling a pistol or revolver to a person licensed under this chapter 
or to a person personally known to him. 

220:10 Larceny. Amend RSA 582 by inserting after section 2 the 
folloTving section: 582:2-a Pistols and Revolvers. If any person shall 
steal, take, and carry away any pistol or revolver, the property of another, 
he shall be imprisoned a year and a day for the first offense and for each 
subsequent offense no less than two nor more than five years. 

220:11 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 221. 

AN ACT RELATIVE TO VOTING RIGHTS OF EX-OFFICIO MEMBERS OF 
PLANNING BOARDS. 

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

221:1 Planning Boards. Amend RSA 36:4 by inserting at the end 
thereof the following: (The ex-officio members shall be voting members of 
the respective boards) so that said section as amended shall read as follows: 
36:4 Personnel of a Planning Board. In the case of cities, the planning 
board shall consist of nine members, namely, the mayor, one of the ad- 
ministrative officials of the municipality who shall be selected by the 
mayor, and a member of council who shall be selected by it, as members 
ex-officio, and six persons who shall be appointed by the mayor, if the 
mayor be an elective officer, otherwise by such officer as the council may 
in the ordinance creating the planning board designate as the appointing 
power. In the case of towns, the planning board shall consist of either 
seven or five members, at the option of the town meeting, including in 
either case one selectman who shall be chosen by the selectmen to act as 
ex-officio member, and four or six persons, depending upon whether the 
entire planning board includes five or seven members, respectively, who 
shall be appointed by the selectmen. In the case of village districts, the 
planning board shall consist of either seven or five members, at the op- 
tion of the village district meeting, including in either case one district 
commissioner who shall be selected by the district commissioners to act as 
ex-officio member, and four or six persons, depending upon whether the 
entire planning board includes five or seven members, respectively, who 
shall be appointed by the district commissioners. The ex-officio members 
shall be voting members of the respective boards. 



1967] Chapter 222 273 

221:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 222. 

AN ACT RELATIVE TO UNAUTHORIZED MANUFACTURE, POSSESSION OR 
SOLICITATION FOR SALE OF MOTOR VEHICLE MASTER KEYS. 

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

222:1 Unauthorized Automobile Master Keys. Amend RSA 263 by 
inserting after section 82 the following new subdivision: 

Motor Vehicle Master Keys 

263:82-a Definition. "Motor vehicle master key" means: (1) a key 
which may or may not be one of a set of similar keys, each key being made 
to operate a series or group of locks of the total lock series or group, the 
key or keys being constructed to take advantage of unplanned construc- 
tion similarities in the series or group operated thereby (tryout key) ; or 
(2) a device other than the planned key or keys, which may be manipu- 
lated in a lock's keyway until such action develops a condition within 
the lock which enables the lock to be operated (manipulation key) ; but 
excludes keys supplied ^vith the motor vehicle by the manufacturer or 
dealer of the exact duplicate of such keys; and excludes keys supplied 
with replacement locks or the exact duplicate of such keys. 

263:82-b Possession Prohibited. No person shall have in his posses- 
sion a motor vehicle master key except for the following: 

I. Motor vehicle dealers registered under RSA 260:46. 

II. Garage mechanics, parking lot attendants or others engaged in 
the business of repairing, storing or maintaining physical security over 
motor vehicles. 

III. Law enforcement officers. 

IV. Locksmiths, key makers or other persons engaged in the busi- 
ness of designing, making, altering, duplicating or repairing locks or keys. 

V. A common or contract carrier when such keys are for use inci- 
dental to the conduct of its business. 

VI. Officers or employees of any automobile club or association if 
such keys are for use in connection with the activities of such club or asso- 
ciation. 



274 Chapter 223 [1967 

VII. Employees of any governmental agency if such keys are for use 
in connection with the activities of such agency. 

263:82-c Prohibited Acts. No person, firm, corporation, partnership 
or other business entity shall purchase, print, circulate, distribute, sell, or 
offer for sale advertising or publications containing advertisements pro- 
moting the sale of master keys as defined herein except in connection with 
trade publications or other advertisements intended primarily for those 
engaged in the activities specified in section 82-b. 

263:82-d Penalty. Any person who violates the provisions of this 
subdivision shall be fined not more than one thousand dollars or impris- 
oned one to three years or both. 

222:2 Effective Date. This act shall take effect sixty days after its 
passage, 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 223. 

AN ACT RESTRICTING BOATING ON CERTAIN PONDS. 

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

223:1 Restrictions on Boating. Amend RSA 486:1 (supp) as amended 
by 1961, 171:1 by striking out said section and inserting in place thereof 
the follows ing: 486:1 Lake Whittemore, Abbott Forest Pond in Stoddard, 
and Tolman Pond in Nelson. On and after the date of the passage of this 
act, no person shall use or operate any motor boat or other boat equipped 
with an outboard motor on the waters of Lake Whittemore in the town 
of Bennington, Abbott Forest Pond in the town of Stoddard, or Tolman 
Pond in the town of Nelson. 

223:2 Restrictions on Boating. Amend RSA 486 by inserting after 
section 6 (supp) as inserted by 1959, 193:1 the following new section: 
486:7 Lee's Pond. On and after July 1, 1967, no person shall use or 
operate any motor boat or other boat equipped with an outboard motor 
of more than seven and one-half horse power on the waters of Lee's Pond 
in the town of Moultonborough. Whoever violates any of the provisions 
of this section shall be fined not more than fifty dollars. 

223:3 Effective Date. This act shall take effect upon its passage. 
[Approved June 22, 1967.] 
[Effective date June 22, 1967.] 



1967] Chapter 224 275 

CHAPTER 224. 

AN ACT RELATIVE TO PROCEDURE FOR ASSESSMENT OR RE-ASSESSMENT 
OF TAXES WHEN ORDERED BY THE TAX COMMISSION. 

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

224:1 Tax Assessment. Amend RSA 71:13 (supp) as amended by 
1955, 297:1; 1959, 123:2; 1963, 272:2 and 1965, 227:2 by striking out the 
same and inserting in place thereof the following: 71:13 — Procedure For. 
When ordered to make an assessment or re-assessment the selectmen or 
assessors shall make it within such time as the tax commission orders. 
However, if such an order requires the re-assessment of all of the taxable 
property in a taxing district, the order shall allow at least one year after 
its date in ^vhich to make the re-assessment. If a town meeting or a city 
council prior to the expiration of the time prescribed in the order votes 
to have a complete re-appraisal made of all of the taxable property in the 
toAvn or city, then the order of the commission is suspended until such 
time as the re-appraisal is completed. If the re-appraisal is satisfactory to 
the tax commission the order shall be removed. If the assessment or re- 
assessment is not made in conformity with the order, except as above 
provided, or if it is not satisfactory to the tax commission, the commission 
may make it or cause it to be made by professional appraisers employed 
for the purpose. The commission is authorized to incur the expense of the 
appraisal and to certify the cost thereof to the governor who shall draw 
his warrant on the state treasury out of any money not other^vise appro- 
priated authorizing payment of the sum so certified. 

224:2 Appeal for Abatement. Amend RSA 71:17 by striking out the 
section and inserting in place thereof the following: 71:17 Appeal from. 
Any person aggrieved because of such reassessment, whether made by the 
selectmen or by or upon order of the tax commission, may ^vithin ninety 
days after notice of the revised tax apply in writing to the tax commission 
for an abatement of all or a portion of the revised tax, and upon the re- 
fusal of the tax commission to grant an abatement may petition the su- 
perior court for the county -where the property is situate -^vithin ninety 
days after notice of the decision of the tax commission. 

224:3 Appraisers. Amend RSA 71:30 (supp) as inserted by 1961, 90:1 
by striking out the section and inserting in place thereof the following: 
71:30 Appraisers of Taxable Property. Every person, firm or corporation 
which shall intend to engage in the business of making appraisals for tax 
assessment purposes in this state shall notify the tax commission thereof 
in writing. No person, firm or corporation engaged in the business of 
making appraisals of taxable property for municipalities and taxing dis- 
tricts shall enter into any contract or agreement with any town, city or 
other governmental division without first submitting the proposed con- 



276 Chapter 225 [1967 

tract or agreement to the tax commission for examination and approval 
and submitting to the tax commission such evidence of financial respon- 
sibility, professional capability of personnel to be employed under the 
contract and such other information as the tax commission may require. 

224:4 Effective Date. This act shall take effect upon its passage. 
[Approved June 22, 1967.] 
[Effective date June 22, 1967.] 



CHAPTER 225. 

AN ACT AUTHORIZING THE STATE TREASURER TO LAPSE CERTAIN ACCOUNTS 

TO THE GENERAL FUND. 

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

225:1 Bonds for Children's Study Home. The authority of the state 
treasurer to issue further bonds for the children's study home, as author- 
ized by Laws 1947, chapter 279, as amended by 1950, 8:8, 1951, 164:1, 
1953, 240:1 and 1955, 328:1 is hereby cancelled and the balance of the 
bond issue now being carried on the books of the state treasurer in the 
amount of one hundred and thirty-seven thousand four hundred and 
sixteen dollars and forty-eight cents is hereby lapsed to the state general 
fund. The sum of four hundred and t^venty-two dollars and ninety-four 
cents is hereby appropriated to pay expenditures chargeable to said bond 
issue and said sum shall be a charge upon the general fund. 

225:2 World War H Veterans' Bonus. The authority of the state 
treasurer to issue further bonds for World War II veterans bonus, as 
authorized by Laws 1943, chapter 201, as amended by Laws 1945, chapter 
157, is hereby cancelled and the balance of the bond issue no^v being 
carried by the state treasurer as a reserve account in the amount of t^vo 
thousand five hundred nineteen dollars and thirty-two cents is hereby 
lapsed to the state general fund. In addition thereto the balance of three 
thousand four hundred and thirty-one dollars and sixty-six cents now 
being carried as an appropriation balance in a special fund, available 
only for veterans bonus payments, shall be lapsed to the state general fund. 
Notwithstanding any other statute any future claim for bonus payment 
for World War II service, approved by the adjutant general shall be sub- 
mitted to the governor and council and if approved by them shall be paid 
and shall be a charge upon the state general fund. 

225:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



1967] Chapter 226 277 

CHAPTER 226. 

AN ACT RELATIVE TO THE DISCLOSURE OF INFORMATION ON THE RELEASE 
OF FISH BY THE FISH AND GAME DEPARTMENT. 

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

226:1 Disclosure of Location. Amend RSA 206:18 by striking out 
said section and inserting in place thereof the following: 206:18 Release 
of Information. Not less than thirty days after stocking of said fish the 
director of fish and game shall release at such time as he deems advisable 
the number and size of fish and the name of the stream or pond or lake 
planted, but in no instance shall any employee of the fish and game de- 
partment disclose where or when they were or will be planted. The di- 
rector may penalize any employee who violates the provisions of this 
section as he deems reasonable and just. 

226:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 227. 

AN ACT RELATIVE TO TIME FOR FILING WAIVER OF PROVISIONS OF WILL 
AND RELEASE OF DOWER AND HOMESTEAD RIGHTS. 

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

227:1 Rights of Surviving Spouse. Amend RSA 560:14 by striking 
out said section and inserting in place thereof the following: 560:14 
Waiver and Release. The waiver or release, or both, as the case may be, 
provided for in the four preceding sections shall be made in writing and 
shall be filed in the probate office within six months after the appoint- 
ment of an executor or administrator, and not afterwards, unless by per- 
mission of the judge of probate for good cause shown. In cases under 
sections 11 and 13 the waiver and release shall be recorded in the registry 
of deeds for the county in which the real estate is situated. 

227:2 Effective Date. This act shall take effect sixty days after its 
passage, 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



278 Chapter 228 [1967 

CHAPTER 228. 

AN ACT INCREASING THE AMOUNT OF WAGES WHICH ARE EXEMPT 
FROM TRUSTEE PROCESS. 

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

228:1 Exemption Increased. Amend paragraph II (supp) as amended 
by 1961, 245:5 of RSA 512:21 by striking out the same and inserting in 
place the following: II. Except as otherwise provided in paragraphs IX 
and X of this section wages of the defendant earned before the service of 
the '^vrit upon the trustee to the amount of forty dollars for each week 
shall be exempt. The employer shall pay said exempted amount to the 
employee on the usual pay day unless other cause exists prohibiting such 
payment. 

228:2 Prior Earnings. Amend paragraph IX (supp) as amended by 
1961, 245:4 of RSA 512:21 by striking out the same and inserting in place 
the following: IX. Wages of the defendant earned before the service of 
the writ upon the trustee, to the amount of fifty dollars for each week 
shall be exempt in any action founded upon any loan contract subject to 
the provisions of RSA 399-A. 

228:3 Eflfective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 229. 

AN ACT TO PROVIDE FACILITIES WHERE OBSERVATION AND STUDY CAN BE 
MADE AS TO WHETHER A PERSON IS AN INEBRIATE. 

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

229:1 Temporary Commitment. Amend paragraph II of RSA 172:13 

by striking out the same and inserting in place thereof the follo-^ving: II. 
Any justice of the superior court and any justice of a municipal or district 
court on petition of the executive director may commit to the care and 
custody of the New Hampshire Hospital for a period of not less than 
thirty days nor more than ninety days any person found by the court on 
hearing to be an inebriate. The superintendent of the New Hampshire 
Hospital shall be notified of the filing of any such petition by the court 
having jurisdiction thereof, and he may appear as an interested party. 
If the presiding justice finds the evidence sufficient to justify finding that 



1967] Chapter 230 279 

the petitionee may be an inebriate, he may, pending the order as to com- 
mittal, as provided above, commit such petitionee to the New Hampshire 
Hospital for a period of not more than fourteen days and require him 
during said period to submit to the superintendent thereof, for observa- 
tion and study to determine whether in the judgment of the superin- 
tendent said petitionee is an inebriate. Said period of observation may 
be completed in cooperation with the program on alcoholism. At the end 
of such period the superintendent in cooperation with the executive di- 
rector shall report his findings to the presiding justice. The findings of 
the presiding justice on all questions of fact presented by any proceedings 
brought before him under this paragraph shall be final. 

229:2 Effective Date. This act will take effect sixty days after passage. 
[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 230. 

AN ACT TO AUTHORIZE COOPERATIVE BANKS AND BUILDING AND LOAN 
ASSOCIATIONS TO ESTABLISH BRANCH OFFICES. 

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

230:1 Cooperative Banks. Amend RSA 393 by inserting after section 
59 (supp) as inserted by 1967, 119:1 the following new section: 393:60 
Branch Offices. A cooperative bank or savings and loan association or 
building and loan association may establish or operate a branch upon re- 
ceipt of a warrant to do so from the bank commissioner, who shall issue 
such warrant only when satisfied that public convenience and advantage 
will be promoted thereby and that the financial history, and condition 
of the institution concerned including its capital fund is considered ade- 
quate. The commissioner may require such notice on an application for 
a branch as he deems proper. A cooperative bank or savings and loan 
association or building and loan association shall be permitted to estab- 
lish or operate a branch within a radius of fifteen miles of its principal 
office. If granted, the commissioner shall issue his warrant in duplicate, 
one copy to be delivered to the bank or association and the other to the 
secretary of state for record. Within ten days after opening a branch the 
bank or association shall file with the commissioner a certificate thereof 
signed by its president or treasurer. The right to open a branch shall 
lapse at the end of one year from the date of filing the commissioner's 
warrant with the secretary of state, unless it shall have been opened and 
business actually begim in good faith. An application for permission to 
open a branch shall not be acted upon until the petitioning bank or asso- 



280 Chapter 231 [1967 

elation shall have paid to the state treasurer the sum of two hundred 
dollars, for the credit of the commissioner. 

230:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 231. 

AN ACT RELATIVE TO LARCENY OF RENTED PERSONAL PROPERTY. 

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

231:1 Larceny. Amend RSA 582 by inserting after section 16 as 
inserted by 1965, 100:1, a new section as follows: 582:17 Rented Tools 
or other Articles. I. A person is guilty of larceny (a) who refuses or wil- 
fully neglects to return any mechanic's tools, garden tools, painter's equip- 
ment, carpenter's tools, plumber's tools, household equipment, or any 
other personal property that is delivered to him on a rental or lease basis 
under any agreement in writing which provides for its return to a par- 
ticular place at a particular time after the time specified in the lease or 
rental agreement, and (b) who refuses or wilfully neglects to return any 
such an article after the expiration of time stated in a demand for its 
return in a written notice which is mailed by registered mail addressed 
to the address given by him at the time of the renting or leasing, or which 
is delivered to him in person, if the date specified in the notice is no 
sooner than ten days after the notice has been mailed or delivered. II. It 
is prima facie evidence of intent to commit larceny under this section if 
the person who has received the rented or leased article (a) presents 
identification at the time of leasing or renting the article "which is false 
or fictitious in name, address, place of employment, or other items of 
identification, or (b) fails to return the article on or before the day speci- 
fied in the demand for its return contained in the notice mailed to him 
by registered mail or delivered to him under paragraph I of this section. 

231:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



1967] Chapter 232 281 

CHAPTER 232. 

AN ACT TO REGULATE THE TOWING OF MOTOR VEHICLES. 

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

232:1 Towing of Motor Vehicles. Amend RS A 263 by inserting after 
section 90 as inserted by 1965, 299:1 the following new subdivision: 

Towing of Motor Vehicles 

263:91 Tow Bars Required. Except for duly registered wrecking 
vehicles and transporters or motor vehicles towing with a chain or cable 
for no more than one mile another motor vehicle which is disabled and 
unable to proceed under its own power, no motor vehicle shall be used 
to tow another motor vehicle upon the public highways unless the two 
vehicles shall be connected by a tow bar of sufficient strength to control 
the movement of the vehicle being towed without manual steering of said 
towed vehicle. 

263:92 Lighting Required. Except for duly registered wrecking 
vehicles and transporters no motor vehicle shall be used to tow another 
upon the public highways between one-half hour after sundown and one- 
half hour before sunrise unless the vehicle being towed shall display at 
least one lighted tail lamp or auxiliary rear light to the extreme left of 
the rear axle. 

232:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 22, 1967.] 
[Effective date August 21, 1967.] 



CHAPTER 233. 

AN ACT RELATING TO ZONING APPEALS. 

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

233:1 Provisions for Appeal. Amend RSA 31:77 by striking out the 
same and inserting in place thereof the following: 31:77 Appeal from 
Decision on Motion for Rehearing. Any person aggrieved by any decision 
of the board of adjustment or any decision of the legislative body of such 
municipality may apply to the superior court within thirty days after the 
action complained of, has been recorded, by petition, setting forth that 
such decision is illegal, unjust or unreasonable, in whole or in part, and 
specifying the grounds upon which the same is claimed to be illegal, un- 
just or unreasonable. 



282 Chapter 234 [1967 

233:2 Effective Date. This act shall take effect sixty days after its 
passage provided, however, that no provision of this act shall affect any 
appeal pending on the effective date hereof. 
[Approved June 22, 1967.] 
[Effective date August 21, 1967 
and as specified.] 



CHAPTER 234. 

AN ACT RELATING TO INVESTMENTS OF SAVINGS BANKS. 

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

234:1 Liquidity of Reserves. Amend RSA 387:2 (supp) as amended 
by 1963, 326:4 and 1967, 23:2 by striking out said section and inserting in 
place thereof the following: 387:2 Requirements; Exception. Savings 
banks shall maintain a reserve of not less than five per cent of the amount 
of their deposits in cash, including balances in other banks, and/or obli- 
gations of the United States of America at par value the maturity of which 
shall not exceed five years, and/or the obligations of agencies of the United 
States (as are designated by written ruling of the bank commissioner) at 
par value the maturity of which shall not exceed five years, and shall make 
investments of the balance of their funds only in the classes of securities 
and loans authorized by this chapter, provided, however, that said re- 
quirement xvith respect to said reserve shall not apply to any bank which 
is a member of the Federal Reserve System. 

234:2 Limitations. Amend paragraph I (supp) as amended by 1955, 
214:18 and 318:1 and paragraph II of RSA 387:3 by striking out said 
paragraphs and inserting in place thereof the following: I. Not exceed- 
ing fifteen per cent of capital funds shall be invested in the obligations 
or stock of any individual, partnership or corporation except public ob- 
ligations, obligations of agencies of the United States as are designated by 
written ruling of the bank commissioner, loans authorized by paragraphs 
IV and V of section 4 of this chapter, and those portions of loans on in- 
dustrial real estate guaranteed by the state of New Hampshire under 
RSA 162-A:14-a-c, or guaranteed by any state contiguous to New Hamp- 
shire under terms providing security equal to or greater than those of 
RSA 162-A:14-a-c. Notwithstanding the foregoing a bank having deposits 
of one million five hundred thousand dollars or less may invest, in loans 
authorized by paragraph I of section 4 of this chapter, an amount to any 
one borrower not exceeding two and one-half per cent of deposits or 
fifteen per cent of capital funds, whichever is greater, but in no case in 
excess of twenty-two thousand five hundred dollars unless in such case 



1967] Chapter 234 283 

fifteen per cent of capital funds exceeds said latter sum, in which case 
the limit shall be fifteen per cent of capital funds for such bank. 

I-a. Obligations as endorser or guarantor of notes which carry a full 
recourse endorsement or unconditional guarantee by the individual, part- 
nership or corporation transferring the same, shall be subject to the lim- 
its established by paragraph I; provided, however, that if the bank's files 
or the knowledge of its officers of the financial condition of each maker 
of such notes is reasonably adequate, and upon certification by an officer 
of the bank designated for that purpose by the board of trustees or direc- 
tors of the bank, that the responsibility of each maker of such notes has 
been evaluated and the bank is relying primarily upon each such maker 
for the payment of such notes, the limitations of paragraph I as to the 
obligations of each such maker shall be the applicable loan limitation: 
provided, further, that such certification shall be in writing and shall be 
retained as part of the records of such bank. 

II. Not exceeding ten per cent of deposits shall be invested in each 
of the following types of security: (1) Bonds of the Dominion of Canada, 
its provinces and cities, and (2) Real estate mortgage loans authorized by 
paragraph I of section 4 of this chapter if the amount of the loan exceeds 
eighty per cent of the value of the real estate by ^vhich it is secured. Pro- 
vided further that no mortgagor, with respect to real estate mortgage 
loans which fall in this category, shall be permitted, directly or indirectly, 
to mortgage to any bank at any one time more than two dwelling units 
of capacity not exceeding four families each. 

Il-a. Not exceeding fifteen per cent of deposits shall be invested in 
the following types of security: (1) Unsecured Loans. 

234:3 Capital Notes. Amend paragraph V of RSA 387:3 by striking 
out said paragraph and inserting in place thereof the following: V. Not 
exceeding sixty-five per cent in aggregate of the deposits shall be invested 
in the following securities: (1) Railroads, (2) Utility Companies, (3) 
Water Companies, (4) Telephone and Telegraph Companies, (5) New 
Hampshire Companies, (6) Insurance Stock, (7) Banks, (8) Investment 
Trust Shares, and (9) Industrial Securities; provided, however, that not 
exceeding fifteen per cent of the deposits may be invested in preferred 
and common stock, including shares of investment trusts. 

234:4 Savings Banks Investments. Amend paragraph I of RSA 387:4 
(supp) as amended by 1955, 214:13, 1959, 61:1, 1961, 246:2, and 1963, 
326:2 by striking out said paragraph and inserting in place thereof the 
following: I. Real Estate in New Hampshire and Contiguous States. 
Those directly secured by first mortgage on real estate situated within 
this state or within any state contiguous to this state; but no such invest- 
ment shall be in a loan which exceeds seventy-five per cent of the value 
of the real estate by which it is secured; except that investment may be 



284 Chapter 234 [1967 

in a loan which exceeds seventy-five per cent but not ninety per cent of 
the value of the real estate by which it is secured, provided that it shall 
be secured by a first mortgage on real estate containing one or more 
dAvelling units for not more than four families each and which mortgage 
or mortgage note shall provide for payment of the note within a period 
of thirty years from the date Avhen the first monthly payment shall become 
due, and the first monthly payment shall become due nine months from 
the date of the note or one month from the final disbursement of funds, 
'whichever shall first occur, and which payments, so long as the balance 
of the loan exceeds seventy-five per cent of the value of the real estate 
by which it is secured, shall include a proportionate share of the amount 
necessary to pay the real estate and other taxes upon such property. No 
loan or mortgage shall be made except upon written application showing 
the date, name of applicant, amount asked for and security offered, and 
except upon report of not less than two members of the board of trustees 
or board of directors, who shall certify on said application, according to 
their best judgment, on the basis of an appraisal made by one of their 
members, or by some officer of the bank, or some appraiser employed by 
the bank for the purpose of appraisal, the value of the premises to be 
mortgaged; and such application shall be filed and preserved "with the 
records of the corporation. The premises so mortgaged shall be revalued 
in the same manner at intervals of five years so long as they are mort- 
gaged to the bank, provided that such revaluation may be omitted on 
any such fifth anniversary if on such date the ratio of the unpaid principal 
balance of the loan to the last prior appraised value of the premises is 
less than fifty per cent. If as a result of any such revaluation the amount 
of the loan is found to be in excess of the authorized percentage of the 
value of the premises mortgaged, a sufficient reduction in the amount of 
the loan shall be required, as promptly as may be practical, to bring the 
loan to within the authorized percentage. In determining whether any 
loan exceeds the authorized percentage of the value of the real estate, no 
consideration shall be given to (1) that portion of the obligation which 
is guaranteed by the Administrator of Veterans Affairs under Title III 
of the Servicemen's Readjustment Act of 1944, as amended from time to 
time, or (2) an obligation wholly guaranteed under such title, or (3) 
that portion of any loan or obligation w^hich the Small Business Adminis- 
tration has unconditionally agreed to purchase, or (4) that portion of a 
loan on industrial real estate guaranteed by the state of New Hampshire 
under RSA 162-A:14-a-c, or guaranteed by any state contiguous to New 
Hampshire under terms providing security equal to or greater than those 
of RSA 162-A:14-a-c. No bank shall be restricted to the above authorized 
percentages on a loan secured by property which the borrower is pur- 
chasing from the bank. 

234:5 Long Term Leases. Amend paragraph Il-b of RSA 387:4 
(supp) as inserted by 1961, 246:3 by striking out said paragiaph and in- 



1967] Chapter 234 285 

serting in place thereof the following: Il-b. Buildings on land leased 
from the state, any political subdivision thereof, or from any person, 
firm or corporation shall be construed to be real estate for the purposes 
of paragraph I as follows: improvements, buildings and structures on such 
leased land upon which the mortgagor holds a lease for an unexpired 
term of not less than twenty-one years duration, which term shall not in- 
clude the term which may be provided by an option of renewal. No 
mortgage loan upon such lease shall be made or acquired by a savings 
bank unless the terms thereof shall provide for amortization payments 
to be made by the borrower on the principal thereof in amounts sufficient 
to completely amortize the loan within a period of sixty-six and two-thirds 
per cent of the unexpired term of the lease, which term shall not include 
the term which may be provided by an option of renewal. 

234:6 Guaranteed Portion of Loan Excluded. Amend paragraph III 
of RSA 387:4 by adding at the end of said paragraph the following new 
sentence: (In determining whether a loan exceeds the authorized per- 
centage of value of such equipment, furnishings and machinery, no con- 
sideration shall be given to that portion of such loan which is guaranteed 
by the state of New Hampshire under RSA I62-A:14-aa.) so that said 
paragraph as amended shall read as follows: III. EQUIPMENT, MA- 
CHINERY AND FURNISHINGS ON NEW HAMPSHIRE REAL ES- 
TATE. Those directly secured by first mortgage on (1) equipment of 
the types which are accepted for mortgage by the Federal Housing Com- 
missioner and which is declared by the mortgagor to have been affixed 
to and become a part of the real estate, or (2) equipment, furnishings or 
machinery of a commercial nature; provided, that the value of such equip- 
ment, furnishings or machinery be appraised in accordance with paragraph 
I of this section separately from the real estate on which it stands and that 
the part of a loan based upon such equipment, furnishings or machinery 
shall not exceed thirty-three and one-third per cent of the value of such 
equipment, furnishings or machinery, and further provided that such 
equipment, furnishings or machinery be installed on real estate located 
within this state and that such real estate is also subject to the same mort- 
gage, in accordance with paragraph I of this section, the value of which 
real estate provides security for not less than seventy-five per cent of the 
loan. The equipment, furnishings, or machinery so mortgaged shall be 
revalued in the same manner as above at intervals of not more than fwo 
years so long as they are mortgaged to the corporation. In determining 
whether a loan exceeds the authorized percentage of value of such equip- 
ment, furnishings and machinery, no consideration shall be given to that 
portion of such loan which is guaranteed by the state of New Hampshire 
under RSA 162-A:14-aa. 

234:7 Farmers Home Administration. Amend paragraph V of RSA 
387:4 by striking out said paragraph and by inserting in place thereof the 
following: V. Loans Insured by the United States Government through 



286 Chapter 234 [1967 

the Secretary of Agriculture. Those secured by mortgage on real estate 
^vithin the United States without respect to the value of such real estate 
if the Secretary of Agriculture has insured, or made commitment to in- 
sure, such notes or bonds, provided the laws of the United States entitle 
the mortgagee to receive payment of such insurance in cash. 

234:8 Other Mortgages. Amend paragraph VI of RSA 387:4 (supp) 
as amended by 1955, 214:14, by striking out said paragraph and inserting 
in place thereof the following: VI. Other Real Estate. Those directly 
secured by first mortgage on real estate situated without this state and 
those states contiguous to it, but entirely within the United States, which 
at the time of such investment is improved, occupied and productive; 
and no such investment shall be in a loan that exceeds fifty per cent of 
the value of the real estate by which it is secured, unless the loan is fur- 
ther secured by a guaranty satisfactory to the commissioner, in which 
case it shall not exceed seventy per cent of the value of the real estate by 
■W'hich it is secured. In determining whether any loan exceeds the above 
specified percentage of the value of the real estate, no consideration shall 
be given to (1) that portion of the obligation which is guaranteed by the 
Administrator of Veterans Affairs under Title III of the Servicemen's 
Readjustment Act of 1944 as amended from time to time, or (2) an obli- 
gation wholly guaranteed under such title, or (3) that portion of any 
loan or obligation which the Small Business Administration has uncon- 
ditionally agreed to purchase. A bank shall not be restricted to the above 
authorized percentage on a loan secured by property which the borrower 
is purchasing from the bank. The provisions of this paragraph shall not 
apply to bonds of railroads, utilities, water companies or telephone and 
telegraph companies. No loan shall be made under this paragraph VI upon 
real estate situated outside New England except through or from mort- 
gagees designated as approved by the Federal Housing Administration, 
or except through or from an individual, partnership, association or cor- 
poration duly registered as a dealer in securities in this state, nor except 
upon written application showing the date, name of applicant, amount 
asked for and security offered. 

234:9 Installment Contracts for Real Estate. Amend RSA 387:5 by 
adding after paragraph Ill-a (supp) as inserted by 1955, 214:6 the fol- 
lowing new paragraph: Ill-b. Assigned installment contracts for the sale 
of real estate, purchased from the Administrator of Veterans Affairs, and 
fully guaranteed by him in accordance with federal law. 

234:10 Punctuation. Amend paragraph III of RSA 387:6 by inserting 
a semi-colon in place of a comma after the words, United States, so that 
the paragraph as amended shall read as follows: III. Other States; Cer- 
tain Municipalities. The authorized bonds or notes of any state or terri- 
tory of the United States; and of any city of the States of Maine, Vermont, 
Massachusetts, Rhode Island, Connecticut or New York, -^vhose net in- 



1967] Chapter 234 287 

debtedness does not exceed seven per cent of its assessed valuation; or of 
any other municipality in said states whose net indebtedness does not ex- 
ceed five per cent of such valuation. 

234:11 Bank Notes. Amend paragraph I of RSA 387:13 by striking 
out said paragraph and inserting in place thereof the following: I. New 
Hampshire Banks. The capital stock of any banking or trust company, 
or the special deposits of any guaranty savings bank incorporated under 
the laws of this state and doing business therein, and the capital notes 
and the capital stock of any national bank in this state; but the amount 
of such notes or stock or special deposits held by any savings bank as an 
investment and as collateral for loans shall not exceed one-fourth of the 
total capital notes and capital stock of such banking or trust company or 
guaranty savings bank or national bank. 

234:12 Capital Notes. Amend RSA 387:13 by inserting after para- 
graph II the following new paragraph: III. Capital Notes. The capital 
notes of any of the other banks described in paragraph II hereof provided 
the capital stock of such bank is a legal investment. 

234:13 Holding Companies. Amend RSA 387:13 by inserting at the 
end thereof the following ne^v paragraph: IV. Bank Holding Companies. 
The capital stock of bank holding companies which are registered Avith 
the Board of Governors of the Federal Reserve System under Title 12, 
United States Code, Chapter 17. 

234:14 Removal of Commission. Amend RSA 387:14 by striking out 
said section and inserting in place thereof the following: 387:14 Invest- 
ment Trust Shares. The following described securities are legal invest- 
ments: The shares of any management type investment company or in- 
vestment trust which is registered as an "open-end company" under the 
Federal Investment Company Act of 1940 as from time to time amended 
and which is also authorized for sale by the Insurance Commissioner of 
the State of New Hampshire, if said company or trust (a) shall have 
been in existence for at least ten years, and (b) shall have net assets of 
not less than ten million dollars at the date of purchase, and (c) shall have 
outstanding no bonds, debentures, notes or other evidences of indebted- 
ness or any stock having priority over the shares being purchased either 
as to distribution of assets or payment of dividends, and (d) shall have 
paid annual dividends from investment income in each of the ten years 
next preceding said purchase, and (e) during each of the t^vo years next 
preceding said purchase shall not have made any distribution from real- 
ized capital gains except during (1) the last quarter of the Federal taxable 
year of said company or trust and/or (2) such further period after the 
close of such taxable year as is permitted under Section 362 of the Fed- 
eral Internal Revenue Code, as from time to time amended, for use by 
said company or trust by way of reduction of its tax; provided, however, 
that the total amount of such shares which may be held by any savings 



288 Chapter 235 [1967 

bank as an investment and as collateral security for loans shall not ex- 
ceed five per cent of the total assets of such investment company or in- 
vestment trust. 

234:15 Federal Agency Obligations. Amend RSA 387:16 (supp) as 
amended by 1955, 214:10 by inserting at the end thereof the following 
new paragTaph: VI. Obligations of Federal Agencies. (1) The author- 
ized notes, debentures or other obligations of the Export-Import Bank 
of Washington. (2) Other authorized notes, debentures or other obliga- 
tions of any federally-chartered corporation which is an agency of the 
United States, which are designated by written ruling of the bank com- 
missioner. 

234:16 EfiEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1967.] 
[Effective date August 22, 1967.] 



CHAPTER 235. 

AN ACT REQUIRING THE USE OF A CHECKLIST AT SCHOOL DISTRICT 

MEETINGS. 

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

235:1 School District Meetings; Use of Checklist. Amend RSx\ 
197:12 by striking out said section and inserting in place thereof the fol- 
lowing: 197:12 — Checklist. A checklist shall be used at all school dis- 
trict meetings including cooperative districts for election of officers and 
shall be used when bond issues are involved and at other times when re- 
quested. The school board, unless the district has voted to adopt the town 
checklist as provided in section 12-a, shall make, post and correct a list of 
the legal voters of the district, as supervisors are required to do in regard 
to the list of voters in their towns, and such list shall be used and checked 
at the election of officers of the district and otherwise at meetings of the 
district as checklists are used at town meetings. At all special meetings 
the checklists properly corrected and used at the last annual meeting may 
be used without further correction. 

235:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1967.] 
[Effective date August 22, 1967.] 



1967] Chapter 236 289 

CHAPTER 236. 

AN ACT RELATIVE TO BOILER INSPECTION. 

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

236:1 New Chapter. Amend RSA by inserting after chapter 157 the 
following new chapter: 

Chapter 157- A 

Boilers and Unfired Pressure Vessels 

157-A:1 Title. This chapter shall be known and cited as the Boilers 
and Unfired Pressure Vessels Law and, except as otherwise herein pro- 
vided, shall apply to all boilers and unfired pressure vessels. 

157-A:2 Definitions. For the purposes hereof, the following words 
or phrases shall be defined as follows: 

I. "O^vner" means a person, partnership, association, or corporation 
who is the holder of title to, or who leases a boiler or boilers or unfired 
pressure vessels from the holder of title to, a building in which there are 
a boiler or boilers or unfired pressure vessels as defined in this section. 

II. "Commissioner" means the commissioner of labor. 

III. "Boiler" means a closed vessel in which water is heated, steam is 
generated, steam is superheated, or any combination thereof, under pres- 
sure or vacuum for use externally to itself by the direct application of 
heat from the combustion of fuels, or from electricity or nuclear energy. 
This term also includes fired units for heating or vaporizing liquids other 
than water where these units are separate from processing systems and 
are complete within themselves. 

IV. "Power boiler" means a boiler in which steam or other vapor (to 
be used externally to itself) is generated at a pressure of more than 15 
psig. 

V. "High pressure-high temperature water boiler" means a water 
heating boiler operating at pressures exceeding 160 psig or temperatures 
exceeding 250° F. 

VI. "Low pressure boiler" means a steam boiler operating at pressures 
not exceeding 15 psig, or a hot water heating boiler operating at pressures 
not exceeding 160 psig or temperatures not exceeding 250° F. 

VII. "Unfired pressure vessel" means a vessel in which the pressure is 
obtained from an external source or by the application of heat from an 
indirect source. 



290 Chapter 236 [1967 

VIII. "Certificate inspection" means an inspection, the report o£ 
which is used by the commissioner or his authorized representative to 
decide Avhether or not a certificate, as provided by section 9 may be issued. 
This certificate inspection shall be an internal inspection when the con- 
struction permits; otherwise, it shall be an inspection as complete as pos- 
sible. 

157-A:3 Rules and Regulations. The commissioner shall formulate 
definitions and promulgate rules and regulations in New Hampshire con- 
sistent -^vith the Boiler and Pressure Vessel Code of the American Society 
of Mechanical Engineers, with the amendments and interpretations there- 
to made and approved by the council of the society, to carry out the pur- 
poses of this chapter. 

157-A:4 New Boiler and Unfired Pressure Vessel Installation. No 
boiler or unfired pressure vessel which does not conform to the rules and 
regulations formulated by the commissioner governing new construction 
and installation shall be installed and operated in this state unless the 
boiler or unfired pressure vessel is of special design or construction, and 
is not inconsistent with the spirit and safety objectives of such rules and 
regulations, in which case a special installation and operating permit may 
at his discretion be granted by the commissioner. 

157-A:5 Existing Boiler and Unfired Pressure Vessel Installation. 

-^ I. The maximum allowable pressure of a boiler carrying the ASME 

Code symbol or of an unfired pressure vessel carrying the ASME or API- 
ASME Code symbol shall be determined by the applicable sections of 
the code under which it was constructed and stamped. 

II. The maximum allowable pressure of a boiler or unfired pressure 
vessel which does not carry the ASME or the API-ASME Code symbol 
shall be computed in accordance with the inspection code of the National 
Board of Boiler and Pressure Vessel Inspectors. 

III. This chapter shall not be construed as in any way preventing the 
use, sale, or reinstallation of a boiler or unfired pressure vessel referred 
to in this section, provided it has been made to conform to the rules and 
regulations of the commissioner governing existing installations and pro- 
vided further, it has not been found upon inspection to be in an unsafe 
condition. 

157-A:6 Exemptions. 

I. This chapter shall not apply to the following boilers and unfired 
pressure vessels: 

(a) Boilers and unfired pressure vessels under federal control. 

(b) Unfired pressure vessels used for transportation and storage of 
compressed gases when constructed in compliance with specifications of 



1967] Chapter 236 291 

the Interstate Commerce Commission and when charged with gas, marked, 
maintained, and periodically requalified for use, as required by appro- 
priate regulations of the Interstate Commerce Commission. 

(c) Air tanks located on vehicles operating under the rules of other 
states' authorities and used for carrying passengers or freight. 

(d) Air tanks installed on the right of way of railroads and used di- 
rectly in the operation of trains. 

(e) Unfired pressure vessels that do not exceed (1) 5 cubic feet in 
volume and 250 psig, (2) li/^ cubic feet in volume or an inside diameter 
of 6 inches, and 3,000 psig. 

(f) Unfired pressure vessels operating at a working pressure not ex- 
ceeding 15 psig. 

(g) Water-containing vessels having a normal working pressure not 
to exceed 125 psig including those with air, the compression of which 
serves only as a cushion. 

II. The following boilers and unfired pressure vessels shall be exempt 
from the requirements of sections 8, 9, and 10 of this chapter: 

(a) Steam or vapor boilers carrying a pressure of not more than 15 
psig, which are located in private residences or apartment houses of less 
than 6 family units. 

(b) Hot water boilers operated at pressures not exceeding 160 psig, 
or temperatures not exceeding 250° F, -which are located in private resi- 
dences or apartment houses of less than 6 family units. 

(c) Unfired pressure vessels containing only water under pressure for 
domestic supply purposes, including those containing air, the compres- 
sion of which serves only as a cushion or airlift pumping system, when 
located in private residences or apartment houses of less than 6 family 
units. 

157- A: 7 Inspectors. 

I. A boiler and unfired pressure vessel inspector shall hold a Na- 
tional Board Commission. 

II. A license shall be issued by the commissioner to an inspector 
for a t^vo-year period. A fee of ten dollars shall be charged for the license: 
A license may be renewed every t^vo years upon payment of a fee of five 
dollars. 

III. The commissioner may revoke any license issued by him for 
cause shown, after a hearing, if so requested. The holder of the license 
under question shall receive seven days' written notice informing him of 
the charges against him and of the time and place of the hearing. 



292 Chapter 236 [1967 

157-A:8 Inspection of Boilers and Unfired Pressure Vessels. 

I. An inspector shall have free access, during reasonable hours, to 
any premises in the state where a boiler or unfired pressure vessel is be- 
ing constructed, or is being installed, or is being operated, for the pur- 
pose of ascertaining whether such boiler is being constructed or installed 
or operated in accordance with the provisions of this chapter. 

II. Each boiler and unfired pressure vessel used or proposed to be 
used within this state, except boilers or unfired pressure vessels exempt 
under section 6 of this chapter, shall be thoroughly inspected as to their 
construction, installation, and condition as follows: 

(a) Power boilers and high pressure-high temperature water boilers 
shall receive a certificate inspection annually and shall also be externally 
inspected annually while under pressure if possible; 

(b) Low pressure steam or vapor heating boilers, hot water heating 
boilers and hot water supply boilers shall receive a certificate inspection 
biennially; 

(c) Unfired pressure vessels subject to internal corrosion shall re- 
ceive certificate inspection biennially; 

(d) Unfired pressure vessels not subject to internal corrosion shall 
receive a certificate inspection at intervals set by the commissioner, but 
internal inspection shall not be required of unfired pressure vessels, the 
contents of which are known to be non-corrosive to the material of Avhich 
the shell, heads, or fittings are constructed, either from the chemical com- 
position of the contents or from evidence that the contents are adequately 
treated with a corrosion inhibitor, provided that such vessels are con- 
structed in accordance with the rules and regulations of the commissioner; 

(e) A grace period of two months beyond the period specified in 
subparagraphs (a), (b), (c), and (d) of this paragraph may elapse between 
certificate inspections; 

(f) The commissioner may, at his discretion, permit longer periods 
between certificate inspection; 

(g) Under the provisions of this chapter, the commissioner is respon- 
sible to provide for the safety of life, limb, and property of the general 
public and therefore has jurisdiction over the interpretation and applica- 
tion of the inspection requirements as provided for in the rules and regu- 
lations which he has promulgated. Inspection during construction and 
installation shall certify as to the minimum requirements for safety as 
defined in the construction codes. Inspection requirements of operating 
equipment shall be in accordance with generally accepted practice and 
compatible with the actual service conditions, such as: (1) previous ex- 
perience, based on records of performance and maintenance; (2) location, 



1967] Chapter 236 293 

with respect to personnel hazard; (3) quality of operating personnel; (4) 
provision for related safe operation controls; (5) interrelation with other 
operations outside the scope of this chapter. 

III. The inspections herein required shall be made by a boiler and 
unfired pressure vessels inspector provided for in this chapter. 

IV. If, at the discretion of the inspector, a hydrostatic test or other 
test be deemed necessary, it shall be made by the owner of the boiler or 
unfired pressure vessel. 

V. All boilers, other than cast iron sectional boilers, and unfired 
pressure vessels to be installed in this state shall be inspected during con- 
struction as required by the applicable rules and regulations of the com- 
missioner by an inspector authorized to inspect boilers and unfired pres- 
sure vessels in this state or, if constructed outside this state, by an in- 
spector holding a commission or license as an inspector of boilers and 
unfired pressure vessels for a state that has substantially standard require- 
ments to be an inspector equal to those of this state. 

157-A:9 Inspection Reports and Inspection Certificates. 

I. Subsequent to the inspection of a boiler or unfired pressure vessel, 
an inspector shall file with the commissioner an inspection report on a 
form to be prescribed by said commissioner. 

II. The owner of a boiler or unfired pressure vessel which has just 
been inspected shall forward to the commissioner the sum of two dollars 
as the fee for an inspection certificate. The fee shall apply separately for 
each such boiler or vessel inspected. 

III. An owner whose boiler or unfired pressure vessel is not insured 
by a carrier shall be prepared to pay an inspector a reasonable charge for 
his services. Any dispute as to the reasonableness of such charges shall 
be referred to the commissioner who shall hear the facts from both parties 
and make a final ruling. 

IV. An inspector shall furnish a copy of his inspection report as 
provided in this paragraph to the owner of a boiler or unfired pressure 
vessel. 

V. An owner shall have ten working days following receipt of the 
inspection report in which to forward the fee for an inspection certificate 
to the commissioner. If, at the end of ten days, he has not filed such fee, 
the commissioner shall mail to the owner a notice of failure to pay said 
fee and if it is not paid within ten days of said mailing, he shall be auto- 
matically prohibited from operating any boiler or unfired pressure vessel 
for which a fee has not been filed after inspection. 

VI. The commissioner shall cause an inspection certificate to be 
issued to an owner of a boiler or unfired pressure vessel upon receipt of 
the fee provided by this chapter. 



294 Chapter 237 [1967 

VII. An inspection certificate sliall be displayed conspicuously in 
the vicinity of a boiler or unfired pressure vessel. 

157-A:10 Requirement for Inspection Certificates; Penalty. It shall 
be unla^vful for any person, firm, partnership, or corporation to operate 
in this state a boiler or unfired pressure vessel, except such boilers and 
vessels as are exempted by provision of section 6, without a valid inspec- 
tion certificate. The operation of a boiler or unfired pressure vessel with- 
out such certificate, or at a pressure exceeding that specified in such 
certificate, shall constitute a misdemeanor on the part of the owner, and 
he shall be fined not exceeding five hundred dollars or imprisoned not 
exceeding six months, or both, at the discretion of the court. 

157-A:11 Disposition of Fees. The commissioner shall deposit all 
fees collected under this chapter with the state treasurer, to be credited to 
the department of labor, to be used solely to defray the expenses of opera- 
tion of this chapter. The state treasurer shall keep such funds in a separate 
account and said fund shall not lapse. Money may be paid out of the 
fund on manifests approved by the commissioner. 

157-A:I2 Appeals. Any owner aggrieved by an order or act of an 
inspector under this chapter may, within fifteen days, appeal from such 
order or act to the commissioner. Within thirty days thereafter, the com- 
missioner shall issue an appropriate order either approving or disapprov- 
ing said order or act. A copy of said order by the commissioner shall be 
given to all interested parties. Within thirty days after any order or act 
of the commissioner, any person aggrieved thereby may file a petition in 
the appropriate county superior court. The court shall summarily hear 
the petition and may make any appropriate order or decree. 

157-A:13 Repeal. RSA 157 relative to steam boilers is hereby re- 
pealed. Any other act or parts of acts inconsistent with any provisions of 
this chapter are hereby repealed to the extent of such inconsistency. 

236:2 Effective Date. This act shall take effect January 1, 1968, pro- 
vided, however, that RSA 157-A:10 as inserted by section 1 of this act 
shall not take effect until January 1, 1969. 
[Approved June 23, 1967.] 
[Effective as specified.] 



CHAPTER 237. 

AN ACT RELATIVE TO THE REGULATION AND CONTROL OF THE CONDUCT 
OF BUSINESS WITHIN THE STATE BY CERTAIN NON-RESIDENT COR- 
PORATIONS NOT AUTHORIZED TO CONDUCT THE BUSINESS 
OF INSURANCE WITHIN THIS STATE. 

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



1967] Chapter 237 295 

237:1 New Chapter. Amend RSA by inserting after chapter 406-A 
(supp) as inserted by 1961, 48: 1 the following new chapter: 

Chapter 406-B 
Unauthorized Insurance 
406-B: 1 Purpose. The purpose of this chapter is to subject certain 
persons and insurers to the jurisdiction of the commissioner, of proceed- 
ings before the commissioner, and of the courts of this state in suits by or 
on behalf of the state and insureds or beneficiaries under insurance con- 
tracts. The legislature declares that it is a subject of concern that many 
residents of this state hold policies of insurance issued by persons and in- 
surers not authorized to do business in this state, thus presenting to such 
residents the often insuperable obstacle 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 
protecting authorized persons and insurers, which are subject to strict 
regulation, from unfair competition by unauthorized persons and insurers 
and by protecting against the evasion of the insurance regulatory laws 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 commissioner to enforce or effect 
full compliance with the insurance and tax statutes of this state, and 
declares in so doing it exercises its power to protect 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. 

406-B:2 Insurance Business Defined. 

I. Any of the following acts in this state effected by mail or otherwise 
is defined to be doing an insurance business in this state, except as other- 
wise excluded from the operation of this chapter by sub-paragraph II (c) 
hereof. Unless otherwise indicated, the term "insurer" as used in this 
chapter includes all corporations, associations, partnerships, and indi- 
viduals engaged as principals in the business of insurance and also in- 
cludes inter-insurance 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. 



296 Chapter 237 [1967 

(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, mem- 
bership 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 repre- 
senting or aiding on behalf of another any person or insurer in the solici- 
tation, negotiation, procurement, or effectuation of insurance or in the 
dissemination of information as to coverage or rates, or forwarding of 
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 in- 
surance resident, located or to be performed in this state. The provisions 
of this section shall not operate to prohibit full-time salaried employees 
of a corporate insured from acting in the capacity of an insurance man- 
ager or buyer in placing insurance in behalf of such employer. 

(g) The doing of any kind of insurance business specifically recog- 
nized as constituting the doing of an insurance business within the mean- 
ing of the statutes relating to insurance. 

(h) The doing or proposing to do any insurance business in sub- 
stance equivalent to any of the foregoing in a manner designed to evade 
the provisions of the statutes. 

(i) Any other transactions of business in this state by an insurer. 

II. The provisions of this section do not apply to: 

(a) The lawful transaction of surplus lines insurance. 

(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 in- 
surance not resident, located, or expressly to be performed in this state 
at the time of issuance, and which transactions are subsequent to the issu- 
ance of such policy. 

(d) Transactions involving contracts of insurance independently 
procured through negotiations occurring entirely outside of this state 
which are reported in accordance with section 12. 



1967] Chapter 237 297 

(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 insurance, group 
or blanket accident and health insurance and group annuities where the 
master policy of such groups was lawfully issued and delivered in a state 
in which the insurer was authorized to do an insurance business. 

(g) Any insurance company or underwriter issuing contracts of in- 
surance 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 commis- 
sioner of insurance before March 1 next succeeding the calendar year in 
which the insurance was so effectuated, continued, or renewed a premium 
receipts tax of three per cent of the gross premiums charged for such in- 
surance. 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. 

406-B:3 Unauthorized Insurance Prohibited. No person or insurer 
shall directly or indirectly do any of the acts of an insurance business set 
forth in section 2 except as provided by and in accordance with the spe- 
cific authorization of statute. 

406-B:4 Service of Process on Commissioner. 

I. Any act of doing an insurance business as set forth in section 2 by 
any unauthorized person or insurer is equivalent to and shall constitute 
an irrevocable appointment by such person or insurer, binding upon him, 
his executor, administrator or personal representative, or successor in in- 
terest if a corporation, of the commissioner, his successor or successors in 
office to be the true and lawful attorney of such person or insurer upon 
whom may be served all legal process in any action, suit or proceeding in 
any court arising out of doing an insurance business in this state by such 
person or insurer, except in an action, suit or proceeding by the commis- 
sioner or by the state. Any act of doing an insurance business as set forth 
in section 2 by any unauthorized person or insurer shall be signification 
of its agreement that any such legal process so served shall be of the same 
legal force and validity as personal service of process in this state upon 
such person or insurer, or upon his executor, administrator or personal 
representative, or its successor in interest if a corporation. 



298 Chapter 237 [1967 

II. Such service of process shall be made by leaving two copies thereof 
in the hands or office of the commissioner and paying to him for the use 
of the state a fee of two dollars for each person or insurer. A certificate by 
the commissioner showing such service and attached to the original or 
third copy of such process presented to him for that purpose shall be 
sufficient evidence thereof. Service upon the commissioner as such at- 
torney shall be service upon the principal. 

III. The commissioner shall forth-with mail one copy of such process 
to the defendant at its last known principal place of business and shall 
keep a record of all process so served upon him which shall show^ the day 
and hour of service. Such service of process is sufficient, provided notice 
of such service and a copy of the process are sent within ten days there- 
after by registered mail by plaintiff or plaintiff's attorney to the defendant 
at the last known principal place of business of the defendant and the 
defendant's receipt, or receipt issued by the post office with which the 
letter is registered, showing the name of the sender of the letter and the 
name and address of the person or insurer to whom the letter is addressed, 
and the affidavit of the plaintiff or plaintiff's attorney showing compliance 
herewith are filed with the clerk of the court in which such action is pend- 
ing on or before the date the defendant is required to appear, or within 
such further time as the court may allow. 

IV. Service of process in any such action, suit or proceeding shall, 
in addition to the manner provided in paragraphs II and III, be valid 
if served upon any person within this state who on behalf of such un- 
authorized person or insurer is doing any act of an insurance business 
as set forth in section 2 and if a copy of such process is sent within ten 
days thereafter by registered mail by plaintiff or plaintiff's attorney to 
the defendant at the last known principal place of business of the de- 
fendant and the defendant's receipt, or receipt issued by the post office 
with which the letter is registered, shoTving the name of the sender of 
the letter and the name and address of the person or insurer to whom 
the letter is addressed and the affidavit of the plaintiff or plaintiff's at- 
torney showing compliance here^vith are filed with the clerk of the court 
in which such action is pending on or before the date the defendant is 
required to appear, or within such further time as the court may allow. 

V. No plaintiff or complainant shall be entitled to a judgment by 
default in any action, suit or proceeding in which the process is served 
under this section until the expiration of forty-five days from the date 
of filing of the affidavit of compliance. 

VI. Nothing contained in this section shall limit or abridge the 
right to serve any process, notice or demand upon any person or insurer 
in any other manner now or hereafter permitted by law. 



1967] Chapter 237 299 

406-B:5 Service of Process on Secretary of State. 

I. Any act of doing an insurance business as set forth in section 2 
by any unautliorized person or insurer is equivalent to and shall con- 
stitute irrevocable appointment by such person or insurer, binding upon 
him, his executor, administrator or personal representative, or successor 
in interest if a corporation, or the secretary of state, his successor or 
successors in office to be the true and lawful attorney of such person 
or insurer upon whom may be served all legal process in any action, 
suit or proceeding in any court by the commissioner or by the state and 
upon whom may be served any notice, order, pleading or process in 
any proceeding before the commissioner and which arises out of doing 
an insurance business in this state by such person or insurer. Any act 
of doing an insurance business as set forth in section 2 by any unauthor- 
ized person or insurer shall be signification of its agreement that any 
such legal process in such court action, suit or proceeding and any such 
notice, order, pleading or process in such administrative proceeding 
before the commissioner so served shall be of the same legal force and 
validity as personal service of process in this state upon such person or 
insurer, or upon his executor, administrator or personal representative, 
or its successor in interest if a corporation. 

II. Such service of process in such action, suit or proceeding in 
any court or such notice, order, pleading or process in such administra- 
tive proceeding authorized by paragraph I shall be made by leaving two 
copies thereof in the hands or office of the secretary of state. A certificate 
by the secretary of state showing such service and attached to the original 
or third copy of such process presented to him for that purpose shall be 
sufficient evidence thereof. Service upon the secretary of state as such 
attorney shall be service upon the principal. 

III. The secretary of state shall forthwith mail one copy of such 
court process or such notice, order pleading or process in proceedings 
before the commissioner to the defendant in such court proceeding or 
to whom the notice, order, pleading or process in such administrative 
proceeding is addressed or directed at its last known principal place of 
business and shall keep a record of all process so served on him which 
shall show the day and hour of service. Such service is sufficient, pro- 
vided notice of such service and a copy of the court process or the notice, 
order, pleading or process in such administrative proceeding are sent 
within ten days thereafter by registered mail by the plaintiff or the 
plaintiff's attorney in the court proceeding or by the commissioner in 
the administrative proceeding to the defendant in the court proceeding 
or by whom the notice, order, pleading or process in such administrative 
proceeding is addressed or directed at its last known principal place of 
business of the defendant in the court or administrative proceeding, 
and the defendant's receipt, or receipt issued by the post office with 



300 Chapter 237 [1967 

which the letter is registered, showing the name of the sender of the 
letter and the name and address of the person or insurer to whom the 
letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney 
in court proceeding or of the commissioner in administrative proceeding, 
sho^ving compliance here^vith are filed with the clerk of the court in. 
which such action, suit or proceeding is pending or with the commissioner 
in administrative proceedings, on or before the date the defendant in 
the court or administrative proceeding is required to appear or respond 
thereto, or within such further time as the court or commissioner may 
allow. 

IV. No plaintiflP or complainant shall be entitled to a judgment 
or determination by default in any court or administrative proceeding 
in which court process or notice, order, pleading, or process in proceed- 
ings before the commissioner is served under this section until the ex- 
piration of forty-five days from the date of filing of the affidavit of 
compliance. 

V. Nothing contained in this section shall limit or abridge the 
right to serve any process, notice, order, pleading or demand upon any 
person or insurer in any other manner now or hereafter permitted by 
law. 

VI. The attorney general upon request of the commissioner is au- 
thorized to proceed in the courts of this or any other state or in any 
federal court or agency to enforce an order or decision in any court 
proceeding or in any administrative proceeding before the commissioner. 

406-B:6 Unauthorized Person or Insurer Defense of Action. 

I. Before any unauthorized person or insurer files or causes to be 
filed any pleading in any court action, suit or proceeding or in any 
notice, order, pleading, or process in such administrative proceeding 
before the commissioner instituted against such person or insurer, by 
service made as provided in sections 4 and 5, such person or insurer 
shall either: 

(a) Deposit with the clerk of the court in which such action, suit or 
proceeding is pending, or with the commissioner in administrative pro- 
ceedings before the commissioner, cash or securities or bond with good 
and sufficient sureties to be approved by the court, or the commissioner, 
in any amount to be fixed by the court or the commissioner sufficient 
to secure the payment of any final judgment which may be rendered in 
such court proceeding or in such administrative proceeding before the 
commissioner, provided that the court or the commissioner in adminis- 
trative proceedings before the commissioner may in its or his discretion 
make an order dispensing with such deposit or bond where the insurer 
makes a showing satisfactory to such court or the commissioner that it 
maintains in a state of the United States funds or securities, in trust or 
otherwise, sufficient and available to satisfy any final judgment which 



1967] Chapter 237 301 

may be entered in such court action, suit or proceeding or in such ad- 
ministrative proceeding before the commissioner; or 

(b) Procure proper authorization to do an insurance business in 
this state. 

II. The court in any action, suit or proceeding in which service has 
been made as provided in section 4 or the commissioner in any admin- 
istrative proceeding before the commissioner in which service is made as 
provided in section 5 may, in his or its discretion, order such postpone- 
ment as may be necessary to afford the defendant reasonable opportunity 
to comply with paragraph I and to defend such court action or adminis- 
trative proceeding. 

III. Nothing in paragraph I is to be construed to prevent an un- 
authorized person or insurer from filing a motion to quash a writ or 
to set aside service thereof made as provided in section 4 or 5 on the 
ground that such unauthorized person or insurer has not done any of 
the acts enumerated in section 2 or that the person on whom service 
was made pursuant to section 4 was not doing any of the acts therein 
enumerated. 

406-B:7 Attorney Fees. In an action against an unauthorized person 
or insurer upon a contract of insurance issued or delivered in this state 
to a resident thereof or to a corporation authorized to do business therein, 
if the person or insurer has failed for thirty days after demand prior to 
the commencement of the action to make payment in accordance with 
the terms of the contract, and it appears to the court that such refusal 
was vexatious and without reasonable cause, the court may allow to the 
plaintiff a reasonable attorney fee and include such fee in any judgment 
that may be rendered in such action. Failure of the person or insurer 
to defend any such action shall be deemed prima facie evidence that 
its failure to make payment was vexatious and without reasonable cause. 

406-B:8 Validity of Insurance Contracts. Except for lawfully pro- 
cured surplus lines insurance and contracts of insurance independently 
procured, through negotiations occurring entirely outside of this state 
which are reported in accordance with section 12, any contract of in- 
surance effective in this state and entered into by an unauthorized in- 
surer is unenforceable by such insurer. In event of failure of any such 
unauthorized insurer to pay any claim or loss within the provisions 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. 

406-B:9 Investigation and Disclosure of Insurance Contracts. 

I. Whenever the commissioner has reason to believe that insurance 
has been effectuated by or for any person in this state with an un- 



302 Chapter 237 [1967 

authorized insurer, the commissioner shall in writing order such person 
to produce for examination all insurance contracts and other documents 
evidencing insurance with both authorized and unauthorized insurers 
and to disclose to the commissioner the amount of insurance, name and 
address of each insurer, gross amount of premium paid or to be paid 
and the name and address of the person or persons assisting or aiding in 
the solicitation, nesrotiation or effectuation of such insurance. 

II. Every person who, for thirty days after such written order pur- 
suant to paragraph I, neglects to comply with the requirements of such 
order or who willfully makes a disclosure that is untrue, deceptive, or 
misleading shall forfeit fifty dollars and an additional fifty dollars for 
each day of neglect after expiration of said thirty days. 

406-B:I0 Reporting of Unauthorized Insurance. 

I. Every person investigating or adjusting any loss or claim on a 
subject of insurance in this state shall immediately report to the com- 
missioner every insurance policy or contract which has been entered 
into by any insurer not authorized to transact such insurance in this state. 

II. This section does not apply to transactions in this state involving 
a policy lawfully solicited, written, and delivered outside of this state 
covering only subjects of insurance 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. 

406-B: 1 1 Unauthorized Insurance Premium Tax. 

I. Except as to premiums on lawfully procured surplus lines in- 
surance and premiums on unauthorized insurance procured by industrial 
insureds every unauthorized insurer shall pay to the commissioner before 
March 1 next succeeding the calendar year in which the insurance was 
so effectuated, a premium receipts tax of three per cent of gross premiums 
charged for such insurance other than marine insurance and a premium 
receipts tax of one-half of one per cent of gToss premiums charged for 
such marine insurance on subjects resident, located or to be performed 
in this state. Such insurance on subjects resident, located or to be per- 
formed in this state procured through negotiations or an application, in 
whole or in part occurring or made within or from within or outside of 
this state, or for which premiums in whole or in part are remitted di- 
rectly or indirectly from within or outside of this state, shall be deemed 
to be insurance procured in this state. The term "premium" includes 
all premiums, membership fees, assessments, dues and any other consid- 
eration for insurance. Such tax shall be in lieu of all taxes and fire 
department dues. If the tax prescribed by this section is not paid within 
the time stated, the tax shall be increased by a penalty of t^venty-five 
per cent and by the amount of an additional penalty computed at the 



1967] Chapter 237 303 

rate of one per cent per month or any part thereof from the date such 
payment was due to the date paid. 

II. If a policy covers risks or exposures only partially in this state, 
the tax payable shall be computed on the portions of the premium 
which are properly allocable to the risks or exposures located in this 
state. In determining the amount of premiums taxable in this state, all 
premiums written, procured, or received in this state and all premiums 
on policies negotiated in this state shall be deemed ivritten on property 
or risks located or resident in this state, except such premiums as are 
properly allocated or apportioned and reported as taxable premiums 
of any other state or states. 

406-B:12 Independently Procured Insurance. 

I. Every insured who procures or causes to be procured insurance 
with any unauthorized insurer, or any insured or self-insurer who so 
procures excess loss, catastrophe or other insurance, upon a subject of 
insurance resident, located or to be performed within this state, other 
than insurance procured through a surplus lines agent pursuant to the 
surplus lines law of this state shall within sixty days after the date such 
insurance was so procured, file a report of the same with the commis- 
sioner in "^vriting and upon forms designated by the commissioner and 
furnished to such an insured upon request. The report shall show the 
name and address of the insured or insureds, name and address of the 
insurer, the subject of the insurance, a general description of the cover- 
age, the amount of premium currently charged therefor, and such ad- 
ditional pertinent information as is reasonably requested by the com- 
missioner. 

II. Any insurance in an unauthorized insurer of a subject of in- 
surance resident, located or to be performed within this state procured 
through negotiations or an application, in whole or in part occurring 
or made within or from within or outside of this state, or for which 
premiums in whole or in part are remitted directly or indirectly from 
within or outside of this state, shall be deem.ed to be insurance procured 
in this state within the intent of paragraph I. 

406-B:I3 Penalty for Unauthorized Insurance. 

I. Any unauthorized insurer who does any unauthorized act of an 
insurance business as set forth in section 2 shall be fined not more than 
five thousand dollars. 

II. In addition to any other penalty provided for herein or other- 
wise provided by la'^v, any person or insurer violating this chapter shall 
be fined five hundred dollars for the first offense and an additional sum 
of five hundred dollars for each month during which any such person 
or insurer continues such violation. 



304 Chapter 237 [1967 

406-B:14 Exception. This chapter shall not apply to any life in- 
surance or annuity company organized and operated, without profit 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 
without agents or representatives in this state, only to or for the benefit 
of such institutions and individuals engaged in the service of such insti- 
tutions; nor shall this chapter apply to any insurance or annuity con- 
tracts issued by any such life insurance or annuity company. 

406-B:15 Exemption from Unauthorized Insurance Laws. The pro- 
visions of this chapter, other than the provisions of sections 2, 4 and 5, 
do not apply to ocean marine insurance. 

237:2 Repeal. RSA 406, unauthorized insurers process act, is hereby 
repealed. 

237;3 Repeal. RSA 405:20 and 21, relative to unlicensed companies, 
are hereby repealed. 

237:4 Unlicensed Companies. Amend RSA 405:22 by striking out 
the words and figures "sections 18, 20, or 21" and inserting in place there- 
of the words and figure (section 18) so that said section as amended shall 
read as follows: 405:22 Penalty. Any person or corporation, other than 
a purchaser of a policy or contract of insurance or suretyship, violating 
or failing to comply with any of the provisions of section 18 shall be 
fined not more than five hundred dollars or imprisoned not more than 
six months or both. If a purchaser of a policy or contract of insurance 
or suretyship shall wilfully violate or fail to comply with any of said 
provisions he shall be subject to the penalties prescribed herein. 

237:5 Records. Amend RSA 405:23 by striking out the words and 
figures "sections 18, 20, or 21" and inserting in place thereof the words 
and figure (section 18) so that said section as amended shall read as fol- 
lows: 405:23 Examination of Records. The insurance commissioner, or 
his duly authorized agent or agents, shall at all reasonable times have 
access to the books and records of any person residing, or any corporation 
doing business, within this state, for the purpose of ascertaining whether 
any of the provisions of section 18 have been violated, and upon appli- 
cation of the attorney-general, at the request of said commissioner, the 
superior court shall have jurisdiction to issue writs of mandamus com- 
manding any person or corporation so to exhibit his or its books or 
records for such examination. No person shall be excused from exhibiting 
his books or records for the reason that he may thereby incriminate him- 
self; but no such books or records so exhibited shall, in any prosecution, 
be used as evidence, either directly or indirectly, against him nor shall 
he be thereafter prosecuted for any offense disclosed by such exhibition 
of his books or records. 



1967] Chapter 238 305 

237:6 Countersignature. Amend RS A 405:18 (supp) as amended by 
1967, 29:1 by striking out said section and inserting in place thereof the 
following: 405:18 Insuring Through Agents. Foreign insurance or surety 
companies, although authorized to transact business within this state, 
shall only make, write, place, or cause to be made, written, or placed, 
policies or contracts of insurance or suretyship which are to be effective 
within this state, through agents who are residents of this state and who 
are regularly commissioned and licensed to transact business here. Pro- 
vided, however, that the provisions of this section shall not apply to bid 
bonds issued in connection with any public or private contract and said 
provisions do not apply to ocean marine insurance. 

237:7 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1967.] 
[Effective date August 22, 1967.] 



CHAPTER 238. 

AN ACT ADOPTING THE REVISED UNIFORM FEDERAL TAX LIEN 
REGISTRATION ACT. 

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

238:1 Federal Tax Lien Registration. Amend RSA by inserting after 
chapter 454 the following new chapter: 

Chapter 454-A 

Revised Uniform Federal Tax Lien Registration Act 

454-A: 1 Federal Tax Lien; Place of Filing. 

I. Notices of liens upon real property for taxes payable to the 
United States, and certificates and notices affecting the liens shall be 
filed in the office of the registry of deeds of the county in which the 
real property subject to a federal tax lien is situated. 

II. Notices of liens upon personal property, whether tangible or 
intangible, for taxes payable to the United States and certificates and 
notices affecting the liens shall be filed as follows: 

(a) if the person against whose interest the tax lien applies is a 
corporation or a partnership whose principal executive office is in this 
state, as these entities are defined in the internal revenue laws of the 
United States, in the office of the secretary of state; 



306 Chapter 238 [1967 

(b) in all other cases in the office of the clerk of the town or city 
^\here the taxpayer resides at the time of filing of the notice of lien. 

454-A:2 Execution of Notices and Certificates. Certification by the 
Secretary of the Treasury of the United States or his delegate of notices 
of liens, certificates, or other notices affecting tax liens entitles them to 
be filed and no other attestation, certification, or acknowledgement is 
necessary. 

454-A:3 Duties of Filing Officer. 

I. If a notice of federal tax lien, a refiling of a notice of tax lien, 
or a notice of revocation of any certificate described in paragraph II is 
presented to the filing officer and 

(a) he is the secretary of state, he shall cause the notice to be marked, 
held and indexed in accordance with the provisions of subsection (4) 
of RSA 382-A:9-403 of the Uniform Commercial Code as if the notice 
were a financing statement within the meaning of that code; or 

(b) he is any other officer described in section 1 of this chapter, he 
shall endorse thereon his identification and the date and time of receipt 
and forthwith file it alphabetically or enter it in an alphabetical index 
showing the name and address of the person named in the notice, the 
date and time of receipt, the serial number of the district director and 
the total unpaid balance of the assessment appearing on the notice of lien. 

II. If a certificate of release, non-attachment, discharge or sub- 
ordination of any tax lien is presented to the secretary of state for filing 
he shall 

(a) cause a certificate of release of non-attachment to be marked, 
held and indexed as if the certificate were a termination statement within 
the meaning of the Uniform Commercial Code, except that the notice 
of lien to which the certificate relates shall not be removed from the 
files, and 

(b) cause a certificate of discharge or subordination to be held, 
marked and indexed as if the certificate were a release of collateral 
Tvithin the meaning of the Uniform Commercial Code. 

III. If a refile notice of federal tax lien referred to in paragraph I 
or any of the certificates or notices referred to in paragraph II is presented 
for filing with any other filing officer specified in section 1, he shall 
permanently attach the refiled notice or the certificate to the original 
notice of lien and shall enter the refiled notice or the certificate -with the 
date of filing in any alphabetical federal tax lien index on the line where 
the original notice of lien is entered. 

IV. Upon request of any person, the filing officer shall issue his 
certificate showing whether there is on file, on the date and hour stated 



1967] Chapter 238 307 

therein, any notice of federal tax lien or certificate or notice affecting 
the lien, filed on or after the effective date of this chapter, naming a 
particular person, and if a notice or certificate is on file, giving the date 
and hour of filing of each notice or certificate. The fee for a certificate 
is two dollars. Upon request the filing officer shall furnish a copy of any 
notice of federal tax lien or notice or certificate affecting a federal tax 
lien for a fee of one dollar per page. 

454-A:4 Fees. The fee for filing and indexing each notice of lien or 
certificate or notice affecting the tax lien is: 

I. For a tax lien on real estate, three dollars; 

II. For a tax lien on tangible and intangible personal property, 
two dollars; 

III. For a certificate of discharge or subordination, two dollars; 

IV. For all other notices, including a certificate of release or non- 
attachment, one dollar. The officer shall bill the district directors of 
internal revenue on a monthly basis for fees for documents filed by them. 
Notwithstanding any other statutory provisions for fees, the fees estab- 
lished by this chapter shall prevail. 

454-A:5 Tax Liens and Notices Filed Before Effective Date of this 
Act. Filing officers with whom notices of federal tax liens, certificates and 
notices affecting such liens have been filed on or before the effective 
date of this chapter shall, after that date, continue to maintain a file 
labeled "federal tax lien notices filed prior to (said effective date)" con- 
taining notices and certificates filed in numerical order of receipt. If 
notice of lien was filed on or before the effective date of this chapter 
any certificate or notice affecting the lien shall be filed in the same office. 

454-A:6 Uniformity of Interpretation. This chapter shall be so in- 
terpreted and construed as to effectuate its general purpose to make uni- 
form the law of those states which enact it. 

454-A:7 Short Title. This chapter may be cited as the Uniform 
Federal Tax Lien Registration Act. 

238:2 Repeal. RSA 454 (supp) as amended by 1963, 56:1 and 1965, 
377:5, relative to liens for internal revenue taxes, and paragraph IX of 
RSA 478:17-b (supp) as inserted by 1965, 292:2, relative to fees in Graf- 
ton county, and paragraph VIII of RSA 478:17-a (supp) as inserted by 
1967, 67:1 relative to fees in Rockingham county, are hereby repealed. 

238:3 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 23, 1967.] 
[Effective date July 1, 1967.] 



308 Chapter 239 [1967 

CHAPTER 239. 

AN ACT AUTHORIZING NON-PROFIT VOLUNTARY CORPORATIONS TO PROVIDE 

LEGAL SERVICES. 

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

239:1 Legal Aid. Amend RSA 292 by inserting after section 1 as 
amended by 1965, 74:1 and 1967, 102:1 the following new section: 292:l-a 
Legal Services. Five or more persons of lawful age may associate together 
by articles of agreement to form a corporation, without a capital stock, 
for the purpose of providing professional legal services to the poor; pro- 
vided, however, that no such corporation shall commence business until 
its articles of agreement and by-laws, and such other information as may 
be required, have been submitted to the supreme court for approval 
and such court has authorized it to commence business upon finding that 
it is a responsible organization. Such authorization may, after hearing, 
be revoked or suspended by the court for just cause. The actual practice 
of law by such corporation shall be conducted solely by members of the 
New Hampshire bar in good standing, and the fact of incorporation 
shall not in any way be deemed to immunize any attorney employed by 
the corporation from personal responsibility and liability to the clients 
whom he serves. The provisions of RSA 311:11 shall not apply to corpora- 
tions organized under this section. 

239:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 23, 1967.] 
[Effective Date August 22, 1967.] 



CHAPTER 240. 

AN ACT AMENDING THE STATUTE OF LIMITATIONS IN REGARD TO 
CERTAIN CRIMINAL OFFENSES. 

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

240:1 Requirement of Prosecution Within One Year Extended. 

Amend RSA 603:1 by striking out said section and inserting in place 
thereof the following: 603:1 Periods of Limitation. Indictments and 
prosecutions for offenses punishable by fine not exceeding five hundred 
dollars, or by imprisonment not exceeding one year, shall be found or 
begun within one year, except prosecutions under the provisions of 
RSA 282, and all other prosecutions, informations and indictments, in- 



1967] Chapter 241 309 

eluding prosecutions under the provisions o£ RSA 282, except for treason, 
murder, rape, arson, robbery or burglary, shall be commenced, filed or 
found within six years after the offense is committed; but the time during 
which the party charged was not usually and publicly resident within 
this state shall not be reckoned as part of the time aforesaid. 

240:2 E£fective Date. This act shall take effect sixty days after the 
passage. 

[Approved June 23, 1967.] 
[Effective Date August 22, 1967.] 



CHAPTER 241. 

AN ACT DIRECTING THE REOPENING OF THE AUTUMN STREET RAILROAD 
CROSSING IN ROCHESTER. 

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

241:1 Reopening of Railroad Crossing. The public utilities com- 
mission, the Boston &: Maine Railroad and the city of Rochester are 
hereby directed to reopen the Boston Sc Maine Railroad crossing at 
Autumn Street in Rochester which was closed April 29, 1960 by order 
number 7470 of the commission. Any right of way over land owned by 
the city of Rochester needed for access to or exit from this crossing shall 
be conveyed or dedicated to such use by the city without any payment 
therefor to the city. 

241:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1967.] 
[Effective date August 25, 1967.] 



CHAPTER 242. 

AN ACT PROVIDING FOR THE SALARY FOR THE SHERIFF OF ROCKINGHAM 

COUNTY. 

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

242:1 Salary of Rockingham County Sheriff. Amend paragraph II 
of RSA 104:29 (supp) as amended by 1955, 172:1, 247:1, 1957, 156:1, 
309:4, 1961, 175:1, 1963, 129:1, 1965, 162:1, 190:1 and 263:1 by striking 



310 Chapter 243 [1967 

out the first sentence of said paragraph and inserting in place thereof 
the following sentence (In Rockingham the annual salary of the sheriff 
shall be ten thousand seven hundred and fifty dollars) so that said 
paragraph as amended shall read as follows: II. In Rockingham the 
annual salary of the sheriff shall be ten thousand seven hundred and 
fifty dollars. Said salary shall be payment in full for all his services to 
the county. The county shall provide him with suitable transportation 
and he shall not be allowed the established rates for mileage allowable 
to other sheriffs. He shall be allowed reasonable expenses incurred dur- 
ing the performance of his duties and such expenses shall be subject 
to the approval of a justice of the superior court. For the service of civil 
•vsrrits and other process which he may perform he shall collect the usual 
fees allowed for such services and mileage and shall pay over directly 
to the county treasurer all such fees and mileage charges at the end of 
each month. He shall in his annual report to the county commissioners 
report the number of civil writs and other process served and the total 
amounts collected in fees and mileage charges paid over to the treasurer 
during the calendar year. 

242:2 Effective Date, This act shall take effect January 1, 1968. 
[Approved June 26, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 243. 

AN ACT PROVIDING FOR THE ELECTION OF TOWN CLERK, TOWN TREASURER 
AND TAX COLLECTOR FOR THREE-YEAR TERMS. 

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

243:1 Town Clerk. Amend RSA 41 by inserting after section 16 the 
following new section: 41:16-a Three Year Term. I. At any annual town 
meeting under an article in the warrant placed there by petition, the 
voters may vote, by ballot, to determine if they are in favor of having 
a three-year term for the town clerk. 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 choose, by ballot, a town clerk 
for the three-year term. The duties and bond of the to-^vn 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 



1967] Chapter 243 311 

may vote, by ballot, to determine if they are in favor of continuing to 
have a three-year term for the town clerk. 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 choose a clerk for a 
one-year term as provided under section 16 of this chapter. 

243:2 To^vii Treasurer. Amend RSA 41 by inserting after section 
26 the following new section: 41:26-a Three- Year Term. I. At any annual 
town meeting under an article in the warrant placed there by petition, 
the voters may vote, by ballot, to determine if they are in favor of having 
a three-year term for the town treasurer. If a majority of those voting on 
the question vote in favor of a three-year term, at the next annual meet- 
ing after the vote of approval, the town shall choose, by ballot, 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, by ballot, to determine if they are in favor of continuing to 
have a three-year term for the town treasurer. 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 choose a treasurer for a 
one-year term as provided under section 26 of this chapter. 

243:3 Tax Collector. Amend RSA 41 by inserting after section 2 
(supp) as amended by 1957, 198:1 the following new section: 41 :2-a Tax 
Collector. I. At any annual town meeting under an article in the warrant 
placed there by petition, the voters may vote, by ballot, to determine if 
they are in favor of having a three-year term for a tax collector. If a ma- 
jority 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 
choose, by ballot, a tax collector for the three-year term. 

II. After a three-year term for tax collector has been established, at 
any annual to^vn 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, by ballot, to determine if they are in favor of continuing to 
have a three-year term for the tax collector. 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 choose a tax collector for 
a one-year term as provided by section 2 of this chapter. 

243:4 Effective Date. This act shall take effect January 1, 1968. 
[Approved June 26, 1967.] 
[Effective date January 1, 1968.] 



312 Chapter 244 [1967 

CHAPTER 244. 

AN ACT RELATIVE TO FEES FOR JUSTICES OF THE PEACE AND OTHERS. 

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

244:1 Fee for Administering and Certifying Oaths Raised. Amend 
RSA 501-A:1 (supp) as inserted by 1957, 244:1 by striking out in line three 
the •\vords "f\venty-five cents" and inserting in place thereof the words 
(one dollar) so that said section as amended shall read as follows: 501-A:1 
Fees for Justices of the Peace. For administering and certifying oaths, 
except the oaths of office of town officers a justice of the peace shall re- 
ceive one dollar. 

244:2 Fee for Solemnizing Marriage Raised. Amend RSA 457:33 by 
striking out in line two the word "one" and inserting in place thereof the 
word (five) so that said section as amended shall read as follows: 457:33 
Fee for Solemnizing. The persons joined in marriage by a minister or 
justice shall pay the minister or justice five dollars. 

244:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1967.] 
[Effective date August 25, 1967.] 



CHAPTER 245. 

AN ACT RELATIVE TO NEWSPAPER PUBLICATION OF BANK REPORTS BY 
MEMBERS OF THE FEDERAL RESERVE SYSTEM. 

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

245:1 Newspaper Publication. Amend RSA 386 by inserting after 
section 36-a (supp) as inserted by 1967, 101:1 the following new section: 
386:36-b — Exception. The requirements of newspaper publication in 
sections 35 and 36 of this chapter shall not apply to a state chartered bank- 
ing institution while it is a member in the federal reserve system and as 
long as it regularly publishes statements of conditions as required of such 
members. The member bank shall transmit to the commissioner a copy 
of the newspaper containing the first published statement made during 
a calendar year in accordance with the federal reserve regulations. 

245:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1967.] 
[Effective date August 25, 1967.] 



1967] Chapter 246 313 

CHAPTER 246. 

AN ACT PROVIDING FOR RECOMPILATION OF VOLUME 4 OF THE REVISED 
STATUTES ANNOTATED. 

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

Court convened: 

246:1 Revised Statutes Annotated. The secretary o£ state, with the 
approval of the attorney general, is authorized and directed to contract 
with a competent and qualified law book publisher in the name of the 
state for the recompilation of volume 4 of Revised Statutes Annotated 
into two volumes. The contract for recompilation shall provide for the 
editorial preparation, including execution and integration of new acts, 
of acts specifically or generally amending existing law, and of notes and 
annotations, publication, and distribution of the two volumes, which 
shall be designated 4 and 4-A. The reprinting of the volumes shall fol- 
low the general scheme for the original printing of Revised Statutes An- 
notated. The provisions of RSA 8, relative to competitive bidding for 
state purchases, shall not apply to the contract authorized under this act. 

246:2 Sales. The secretary of state, with the approval of the attorney 
general, is authorized to contract with the publisher of recompiled vol- 
ume 4 of the Revised Statutes Annotated for the sale of replacement 
volumes 4 and 4-A to the public at a price to be determined by the secre- 
tary of state. 

246:3 Distribution. The secretary of state is authorized to distribute 
official bound copies of replacement volumes 4 and 4-A of the Revised 
Statutes Annotated free of charge in the following manner: One copy to 
each of the following officers and bodies: The governor, the president 
of the senate, the speaker of the house, the members of the New Hamp- 
shire Revision Commission, each justice and clerk of the supreme and 
superior courts, each court of probate, the clerk of the supreme court of 
the United States, each judge of the circuit court of the United States 
for this district, the district court of the United States for this district, the 
United States department of justice, the Library of Congress, the New 
Hampshire Historical Society, the secretary of state, the state treasurer, 
the comptroller, a sufficient number of copies to the state library for its 
use and for distribution to each state or territorial library of the United 
States on an exchange basis, fourteen copies to the office of the director 
of legislative services, and fourteen copies to the office of the attorney gen- 
eral. Any state or territory making a charge to this state for copies of its 
laws shall in a like manner be required to pay to the secretary of state 
the regular price for copies of replacement volumes 4 and 4-A of the Re- 
vised Statutes Annotated. The secretary of state may distribute additional 
copies of original and replacement volumes of the Revised Statutes An- 
notated to state government departments, offices and agencies for official 
use, subject to the approval of the governor and council. 



314 Chapter 247 [1967 

246:4 Appropriation. The sum of sixteen thousand nine hundred 
dollars is hereby appropriated for the purposes of this act. The governor 
is authorized to draw his warrant for the sum hereby appropriated, or so 
much thereof as may be necessary for the purposes hereof, out of any 
money in the treasury not otherwise appropriated. 

246:5 Takes Effect. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1967.] 
[Effective date August 25, 1967.] 



CHAPTER 247. 

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: 

247:1 Revised Statutes Annotated. The secretary of state, with the 
approval of the attorney general, is authorized and directed to contract 
with a competent and qualified law book publisher in the name of the 
state for the editorial preparation, publication, and distribution of 
cumulative pocket supplements to the Revised Statutes Annotated for 
the statutes of a public and general nature passed at the 1969 biennial 
assembly of the general court and any special sessions prior to the 1969 
session. The supplements shall follow the general scheme used for the 
pocket supplements for the 1955, 1957, 1959, 1961, 1963, 1965 and 1967 
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 provi- 
sions of RSA 8 relative to competitive bidding for state purchases do not 
apply to the contract authorized under this act. 

247:2 Appropriation. The sum of twelve thousand dollars is hereby 
appropriated for the purposes of this act relative to the supplements for 
the 1969 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. 

247:3 Effective Date. The provisions of this act shall take effect Jan- 
uary 1, 1968. 

[Approved June 26, 1967.] 
[Effective date January 1, 1968.] 



1967] Chapter 248 315 

CHAPTER 248. 

AN ACT MAKING APPROPRIATION FOR BINDING CERTAIN COPIES OF THE 

COMMERCIAL CODE. 

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

248:1 Appropriation. The secretary of state is directed to cause to be 
bound seven hundred copies of RSA volume 3-A, the commercial code. 
The sum of twelve hundred dollars is hereby appropriated for the pur- 
poses of this act and the governor is authorized to draw his warrant for 
said sum out of any money in the treasury not otherwise appropriated. 

248:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 26, 1967.] 
[Effective date August 25, 1967.] 



CHAPTER 249. 

AN ACT RELATIVE TO STATE EMPLOYEES GROUP INSURANCE. 

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

249:1 State Employees Group Insurance. Amend RSA 101-A as in- 
serted by 1963, 327:1 by inserting after section 8 the following new sec- 
tion: 101-A:8-a Leave of Absence. Employees who are participating in 
the permanent group life insurance program, and who go on an approved 
leave of absence, may have their permanent group life insurance program 
continued by the payment by the state of the term portion of the life insur- 
ance premium during such leave of absence up to a maximum period of 
one year. 

249:2 Examinations. Amend RSA 101-A: 10 as inserted by 1963, 
327:1 by striking out said section and inserting in place thereof the fol- 
lowing: 101-A: 10 Examinations. There shall be no physical examination 
or health statement required for coverage under either the permanent 
group life insurance or group hospitalization, hospital medical care, surgi- 
cal care and other medical and surgical benefit programs, provided, ho-^v- 
ever, that if a state employee otherwise eligible fails to apply for any such 
insurance coverage within the time required by the insurance contract, 
the insurer may require that the employee submit satisfactory evidence 
of insurability as a condition for becoming insured. 

249:3 Effective Date. This act shall take effect upon its passage. 
[Approved June 26, 1967.] 
[Effective date June 26, 1967.] 



316 Chapter 250 [1967 

CHAPTER 250. 

AN ACT RELATIVE TO SALARY FOR THE REGISTER OF DEEDS OF CHESHIRE 

COUNTY. 

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

Court convened: 

250:1 Register of Deeds. Amend RSA 478 by inserting after section 
31 (supp) as inserted by 1967, 151:2 the following new subdivision: 

478:32 Salary. The register of deeds for Cheshire county shall be 
paid an annual salary of nine thousand dollars for the period from Janu- 
ary 1, 1968, to January 1, 1969. In January 1969, and biennially thereafter 
in January the executive committee of the county delegation for Cheshire 
county, with the approval of said delegation, shall determine the annual 
salary to be paid to said register for the biennium. Said salary shall not 
be less than nine thousand dollars. The salary of the register shall be paid 
in equal monthly installments. 

478:33 Receipts. The said register of deeds shall pay over monthly 
to the county treasurer all fees received by him as such register. 

478:34 Assistants. The said register of deeds is authorized to employ 
such assistants as may be required; and to fix their salaries, subject to 
the approval of the executive committee of the county convention. The 
salaries of the assistants and any other expenses of the office of the reg- 
ister of deeds shall be paid by the county. 

Amend RSA 478 by inserting after section 17-c (supp) as inserted by 
1967, 151:1 the following new section: 478:17-d Fees. The register of 
deeds for Cheshire county shall charge the following fees for documents 
recorded in, or services rendered by, his office: 

I. For recording deeds, mortgages, leases, agreements, attachments, 
and like documents, three dollars for the first recorded page, plus two 
dollars for each additional recorded page. However, if the instrument 
contains the names of more than one grantor and one grantee an addi- 
tional fee of fifty cents shall be charged for indexing the names of each 
additional grantor or grantee. 

II. For recording discharge of real estate attachment, or marginal 
assignment, release or discharge of real estate mortgage, two dollars. 

III. For each transfer furnished pursuant to section 14 of this chap- 
ter, fifty cents. 

IV. For recording plans, five dollars for the first two hundred square 
inches thereof with one dollar for each additional one hundred square 
inches or part thereof. 

V. For copying any document, the price to be established and posted 
by the register of deeds. 



1967] Chapter 251 317 

250:2 Application of Statutes. The provisions of RSA 478: 17, relative 
to fees for register of deeds shall not apply to the register of deeds for 
Cheshire county. 

250:3 Effective Date. This act shall take effect January 1, 1968. 
[Approved June 26, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 251. 

AN ACT PERMITTING FREEDOM OF ACCESS TO PUBLIC RECORDS AND 

PROCEEDINGS. 

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

251:1 New Chapter. Amend RSA by inserting after chapter 91 the 
following new chapter: 

Chapter 91-A 

• Access to Public Records 

91-A:1 Definition of Public Proceedings. The term "public pro- 
ceedings" as used in this chapter means the transactions of any functions 
affecting any or all citizens of the state by any board or commission of 
any state agency or authority, and all meetings of any board, commission, 
agency, or authority, of any county, town, municipal corporation, school 
district, or other political subdivision. 

91-A:2 Meetings Open to the Public. All public proceedings are 
open to the public, and all persons are permitted to attend any meetings 
of these bodies or agencies, and minutes of such meetings shall be prompt- 
ly recorded and open to public inspection, except as provided by section 
5 of this chapter. If the charter of any city or guide lines set down by 
the appointing authority requires broader public access to official meet- 
ings and records than herein described, such charter provisions or guide 
lines shall take precedence over the requirements of this chapter. 

91-A:3 Executive Sessions. I. Nothing contained in this chapter 
shall be construed to prevent these bodies or agencies from holding ex- 
ecutive sessions but any decisions made during any executive session must 
be recorded and made available for public inspection promptly, and no 
ordinances, orders, rules, resolutions, regulations, contracts, appointments 
or other official actions shall be finally approved in executive session. 
The conditions of this section do not apply to executive sessions of the 
committees of the general court. 



318 Chapter 251 [1967 

II. Exceptions. A body, or agency, may exclude the public when 
it is considering or acting upon the following matters: 

(a) The dismissal, promotion, or compensation of any public em- 
ployee or the disciplining of such employee, or the investigating of any 
charges against him, unless the employee affected requests an open meet- 
ing. 

(b) The hiring of any person as a public employee. 

(c) Matters which, if discussed in public, would be likely to affect 
adversely the reputation of any person, other than a member of the body 
itself. 

(d) Consideration of the acquisition, sale, or lease of land which, 
if discussed in public, would be likely to benefit a party, or parties, whose 
interests are adverse to those of the general community. 

91-A:4 Minutes and Records Available for Public Inspection. Every 
citizen during the regular or business hours of all such bodies or agen- 
cies, and on the regular business premises of such bodies or agencies, has 
the right to inspect all public records, including minutes of meetings of 
the bodies or agencies, and to make memoranda abstracts, photographic 
or photostatic copies, of the records or minutes so inspected, except *as 
other^vise prohibited by statute or section 5 of this chapter. 

91-A:5 Exemptions. The records of the following bodies are ex- 
empted from the provisions of this chapter: 

I. Grand and petit juries. 

II. Parole and pardon boards. 

III. Personal school records of pupils. 

IV. Records pertaining to internal personnel practices, confiden- 
tial, commercial, or financial information, personnel, medical, welfare, 
and other files whose disclosure would constitute invasion of privacy. 

91-A:6 Exclusion. This chapter shall not apply to chapter 282 of the 
Revised Statutes Annotated, relative to employment security. 

91-A:7 Violation. Any person aggrieved by a violation of this chap- 
ter may petition the superior court for injunctive relief. The courts shall 
give proceedings under this chapter priority on the court calendar. 

251:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 252 319 

CHAPTER 252. 

AN ACT RELATIVE TO THE CONTROL OF JUNKYARDS ON THE INTERSTATE AND 

FEDERAL-AID PRIMARY HIGHWAY SYSTEMS IN ORDER TO MEET THE 

REQUIREMENTS OF THE "HIGHWAY BEAUTIFICATION ACT OF 1965". 

Whereas, the Congress of the United States has enacted legislation 
providing for the control of junkyards along the interstate system and 
the federal aid primary system, and 

Whereas, Title 23, U. S, C, Section 136 provides that federal aid 
highway funds apportioned on or after January 1, 1968 to any state which 
has not made provisions for the effective control of the establishment and 
maintenance of outdoor junkyards on these two systems will be reduced 
by amounts equal to ten per centum of the amounts which would other- 
wise be apportioned to such state, now, therefore 

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

252:1 New Chapter. Amend RSA by inserting after chapter 249-A 
as inserted by 1961, 269: 1 the following new chapter: 

Chapter 249-B 
Control of Junkyards 
249-B: 1 Policy. It is hereby declared to be the policy of this state 
and in the public interest to provide for effective control of the estab- 
lishment, use and maintenance of junkyards adjacent to the interstate 
system and the federal aid primary system in order to protect the public 
investment in such highways, to promote the safety and recreational value 
of public travel, and to preserve natural beauty. 

249-B: 2 Definitions. For the purpose of this chapter, the following 
words and phrases shall be construed as follows: 

I. "Effective control" means that by January 1, 1968 all junkyards 
located within one thousand feet from the nearest edge of the right of 
way and visible from the main traveled way of the interstate and federal 
aid primary system shall be screened by natural objects, plantings, fences, 
or other appropriate means so as not to be visible from the main traveled 
way of the system, or shall be removed from sight. 

II. "Junk" means old or scrap copper, brass, rope, rags, batteries, 
paper, trash, rubber debris, ^vaste, or junked, dismantled, or Avrecked 
automobiles, or parts thereof, iron, steel, and other old or scrap ferrous 
or nonferrous material. 

III. "Automobile graveyard" means any establishment or place of 
business -^vhich is maintained, used, or operated for storing, keeping, buy- 
ing, or selling wrecked, scrapped, ruined, or dismantled motor vehicles 
or motor vehicle parts. 



320 Chapter 252 [1967 

IV. "Junkyard" means an establishment or place of business which 
is maintained, operated, or used for storing, keeping, buying or selling 
junk, or for the maintenance or operation of an automobile graveyard, 
and includes garbage dumps and sanitary fills. The word does not include 
any motor vehicle dealers registered with the director of motor vehicles 
under RSA 260:45 through 260:52 and controlled under RSA 267-A:14. 

249-B:3 Rules and Regulations. The commissioner of public works 
and highways is authorized to issue reasonable rules and regulations to 
provide for effective control of junkyards in conformance with rules and 
regulations issued by an appropriate department or agency of the United 
States and pursuant to the declared policy of the state as set forth in sec- 
tion 1 of this chapter. Such rules and regulations shall include a regula- 
tion that where two or more unregistered, or old motor vehicles, no 
longer intended or in condition for legal use on the highways, or used 
parts or materials from motor vehicles which, taken together, include in 
bulk t\s^o or more vehicles are held on the property of a person or persons 
not operating an establishment or place of business which is maintained, 
operated, or used for storing, keeping, buying or selling junk, or for the 
maintenance or operation of an automobile graveyard in violation of 
RSA 267-A the commissioner shall enforce the provisions of RSA 267-A. 

249-B:4 Requirement for Operation or Maintenance. A person shall 
not operate, establish or maintain a junkyard under the provisions of this 
chapter until he (1) has obtained a license to operate a junkyard business 
and (2) has obtained a certificate or approval for the location of the 
junkyard. Application for the license and the certificate of approved loca- 
tion shall be made in writing to the commissioner of public ^vorks and 
highways or his agent. The application must contain a description of 
the land to be included within the junkyard, by reference to so-called 
permanent boundary markers. 

249-B:5 Time of Hearing. A hearing on the application shall be 
held within the municipality not less than two nor more than four weeks 
from the date of the receipt of the application by the commissioner. No- 
tice of the hearing shall be given to the applicant by mail, postage prepaid, 
to the address given in the application and the notice shall be published 
once in a newspaper having a circulation within the municipality, which 
publication shall be not less than seven days before the date of the hearing. 

249-B:6 License Requirements. At the time and place set for hear- 
ing, the commissioner of public works and highways or his agent shall 
hear the applicant and all other persons wishing to be heard on the ap- 
plication for a license to operate, establish, or maintain the junkyard. 
In passing upon the application, he shall take into account the suitability 
of the applicant with reference to his ability to comply with the fencing 
requirements or other reasonable regulations concerning the proposed 
junkyard, and to any other matter within the purposes of the chapter. 



1967] Chapter 252 321 

249-B:7 Location Requirements. At the time and place set for hear- 
ing, the commissioner of public works and highways or his agent shall 
hear the applicant and all other persons wishing to be heard on the ap- 
plication for certificate of approval for the location of the junkyard. In 
passing upon the application, after proof of legal ownership or right to 
the use of the property by the applicant for the license period, he shall 
take into account the nature and development of surrounding property, 
such as the proximity of churches, schools, hospitals, public buildings or 
other places of public gathering; and whether or not the use of the pro- 
posed location can be reasonably prevented from affecting the public 
health, safety, or morals by reason of offensive or unhealthy odors or 
smoke, or of other causes. In no case may a license be granted for a new 
junkyard located less than one thousand feet from the nearest edge of 
the right of way lines and visible from the main traveled way of the in- 
terstate and federal aid primary system. 

249-B:8 Grant or Denial of Application; Appeal. After the hearing 
the commissioner of public works and highways shall, within t^vo weeks, 
make a finding as to whether or not the application should be granted, 
giving notice of his finding to the applicant by mail, postage prepaid, to 
the address given on the application. If approved, the license, including 
the certificate of approved location, shall be forthwith issued to remain 
in effect until the following April 1. Approval is personal to the appli- 
cant and is not assignable. Licenses shall be renewed annually thereafter 
on April 1, upon payment of the annual license fee without a hearing, if 
all provisions of this chapter are complied with during the license period, 
and if the applicant is not convicted of any type of larceny or of receiv- 
ing stolen goods. A writ of certiorari lies from the denial of the applica- 
tion to the superior court of the county in which the proposed location is 
situated. 

249-B:9 License Fees. The annual license fee is twenty-five dollars to 
be paid at the time the application is made and annually thereafter on 
April 1 in the event of renewal. If the application is not granted, the fee 
shall be returned to the applicant. All fees shall be deposited in the high- 
way fund. 

249-B:10 Established Junkyards. For the purposes of this chapter 
the location of junkyards already lawfully established are considered 
approved by the commissioner of public works and highways where lo- 
cated and the owner of the yard considered suitable for the issuance of 
a temporary license. Within sixty days from the passage of this chapter, 
however, the owner shall furnish the commissioner of public tvorks and 
highways the information as to location which is required in an applica- 
tion, together with the license fee, and the commissioner shall issue him 
a license valid until April 1, 1968, at which time the owner may apply 
for a renewal. 



322 Chapter 252 [1967 

249-B:ll Nonconforming Established Junkyards. Notwithstanding 
any provision of this chapter, any junkyard in existence on October 22, 
1965 '^s'hich does not conform to the requirements of this chapter and 
^diich as a practical matter cannot be screened, shall not be required to 
be removed until July 1, 1970. 

249-B:12 Application of Other Statutes. The provisions of RSA 
267-A shall not apply to junkyards located on the interstate or federal aid 
primary system. If the provisions of this chapter or the application of such 
provisions to any person or circumstances appear to conflict with the 
provisions of RSA 267-A then the provisions of this chapter shall take 
precedence. 

249-B:13 Public Land. All public lands or reservations of the United 
States, state, city, town or other political subdivision which are adjacent 
to any portion of the interstate and primary system shall be effectively 
controlled in accordance with the provisions of this chapter. 

249-B:14 Industrial Areas. Notwithstanding any provision of this 
chapter, junkyards, auto graveyards, and scrap metal processing facilities 
may be operated within areas adjacent to the interstate system and the 
primary system which are within one thousand feet of the nearest edge of 
the right-of-way and which are zoned industrial under authority of state 
law, or -^vhich are not zoned under authority of state law, but are used 
for industrial activities, as determined by the commissioner of public 
works and highways. 

249-B:15 Compensation. Just compensation shall be paid the OAvner 
for the relocation, removal, or disposal of the following junkyards: 

(1) Those lawfully in existence on October 22, 1965. 

(2) Those lawfully along any highway made a part of the interstate 
or federal aid primary system on or after October 22, 1965 and before 
January 1, 1968; and 

(3) Those lawfully established on or after January 1, 1968. 

249-B.T6 Acceptance of Federal Funds. The commissioner of public 
works and highways may accept any allotment of funds by the United 
States, or any department or agency thereof, for the foregoing purposes. 
The commissioner is authorized to landscape, screen and/or acquire land 
or interest in land as may be required to effectively control junkyards in 
accordance with the provisions of this chapter. The commissioner is fur- 
ther authorized to expend funds made available for these purposes. 

249-B:l7 Penalty. After ninety days from the passage of this chapter, 
a maximum fine of ten dollars shall be imposed upon a person for each 
tTventy-four hours or fraction thereof in which he is in violation of this 
chapter. All fines shall be deposited in the highway fund. 



1967] Chapter 253 323 

249-B:18 Injunction. In addition to the penalty in section 249-B:17, 
the commissioner of public Avorks and high^vays may obtain a mandatory 
injunction to end the violation. 

249-B:19 Limitation on Chapter. The provisions of this chapter 
shall be declared to be null and void by the governor at any time when 
such action is recommended by the commissioner of public works and 
high^vays because the operation of said chapter is no longer necessary 
(1) to comply with federal laws and regulations and such laws and regu- 
lations are supported with federal funds on a matching basis and (2) to 
protect the integrity of federal-aid highway apportionments or (3) to in- 
sure collection of any bonus funds which may be made available to the 
state by the federal government in connection with this chapter. After 
the date so declared by the governor, this chapter shall not be effective. 

252:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 27, 1967.] 
[Effective date June 27, 1967.] 



CHAPTER 253. 

AN ACT ESTABLISHING A DEPARTMENT OF CENTRALIZED AUTOMATED DATA 

PROCESSING. 

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

253:1 Centralized Automated Data Processing Department Estab- 
lished. Amend RSA by inserting after chapter 8-B (supp) as inserted by 
1961, 266: 1 the following new chapter: 

Chapter 8-C 

Department of Centralized Automated Data Processing 

8-C:l Department Established — Purposes and Powers. There is 
hereby created the department of centralized automated data processing. 
It shall have the purposes and powers to (a) establish and operate a central 
data processing agency to serve as many other departments and agencies 
of the state as feasible, (b) to provide more efficient, expeditious, timely, 
and complete handling of needed and essential data, and to that end 
shall: 

(1) assist in establishing automated data processing procedures and 
facilities; 

(2) formulate a current and long-range automated data processing 
plan through studies of the needs of state agencies for automated data 



324 Chapter 253 [1967 

processing services and recommend priorities for the implementation of 
programs; 

(3) administer state automated data processing centers if authorized 
to do so by legislative act or by contract with agencies involved; 

(4) advise the state personnel board on qualifications and wage stand- 
ards for automated data processing personnel; 

(5) recommend which of the state's automated data processing fa- 
cilities or equipment shall be used for specific data processing services 
and recommend the location and equipment and construction and equip- 
ping of all data processing facilities; 

(6) recommend standards governing the choice of state automated 
data processing equipment; 

(7) prescribe standards governing automated data processing systems 
work, programming methods, and the form of input data where data is 
processed by the department; 

(8) advise the governor and legislature on automated data processing 
matters; and 

(9) perform automated data processing services for agencies when so 
specified in a legislative act or when contracted for with an agency; 

(10) perform such other acts as may be required for the effective per- 
formance of the department's duties, 

8-C:2 Data Processing Commission; Established. There is hereby 
created a data processing commission composed of seven members ap- 
pointed by the governor with the approval of the council. No less than 
two of the members shall be persons not in the employ of the state and 
not legislators but shall have had experience in or knowledge of data 
processing applications and one of them shall be or have been a finance 
executive and one shall be or have been a general administration execu- 
tive; one member shall be a senator; and one shall be a representative. 

8-C:3 Term of Office and Organization. The term of office of the 
non-legislative members of the commission shall be five years and of the 
legislative members two years. The initial appointments of the non-legis- 
lative members shall be one member for one year, one for two years, one 
for three years, one for four years, and one for five years. Each member 
shall serve until his successor is appointed and qualified. The governor 
and council shall designate one of the members chairman for a term of 
two years and the director of data processing shall be the executive secre- 
tary of the commission. 

8-C:4 Powers. The commission shall have the same powers of man- 
agement, supervision, and direction over the internal operation of the 



1967] Chapter 253 325 

department as the directors of a business corporation have over its busi- 
ness, except as otherwise limited by law. It may make all rules and regula- 
tions necessary for the management of its own business and for the con- 
duct of its officers, employees, and agents and to secure the efficient opera- 
tion of the department. 

8-C:5 Compensation. Members of the commission who are not state 
employees or legislators shall be paid twenty-five dollars a day, each, for 
such time as they are actually engaged in the work of the department, all 
members shall be paid their actual expenses incurred as a result of such 
work, and non-legislative members shall be paid mileage at the same rate 
as state employees but the legislative members shall be paid mileage at 
the legislative mileage rates. 

8-C:6 Director of Data Processing. Administrative and executive 
direction of the department shall be under the direction of a director of 
data processing who shall be appointed by the data processing commission 
created by this chapter, and shall serve at the pleasure of the commission. 
The commission, -vvith the approval of the governor and council may 
establish the salary of the director at any step in the salary range provided 
for the position and upon a finding by the commission that they are unable 
to employ a qualified person within the established salary range and upon 
application by it to the governor and council, the governor and council 
may establish a higher salary range and the commission, with the approval 
of the governor and council may employ a director at any step in such 
salary range. 

8-C:7 Powers and Duties of the Director. The director shall have the 
power to organize, establish, and operate the department and employ 
necessary personnel for the purposes thereof, including, with the approval 
of governor and council, the employment of consultants and the power 
to make contracts with qualified persons to carry out specific projects 
relative to the operation of the department. Any persons employed by the 
director shall be subject to the personnel laws of the state providing, how- 
ever, that as to the compensation for any chief of computer systems or 
chief of computer programming which position or positions in the opin- 
ion of the director requires specialized data processing knowledge and 
training and for which the director finds qualified persons cannot be 
employed at the classified salary range, the provisions of RSA 99:1 shall 
not apply and the salary range for such position or positions shall be 
established by the director with the approval of the commission and the 
governor and council. 

8-C:8 Deputy Director. There shall be a deputy director of the de- 
partment who shall be appointed and whose qualifications shall be estab- 
lished by the director "with the approval of the commission and the gov- 
ernor and council. The director with the approval of the commission and 



326 Chapter 253 [1967 

the governor and council may establish the salary of said deputy at any 
step in the salary range provided for the position. 

8-C:9 Annual Reports. The commission shall on December 1 of each 
year file with the governor and the general court a report of its activities 
and operations, and its recommendations for immediate and long range 
implementation of the purposes of this chapter and in addition its recom- 
mendations of how the department can be of service to the public as a 
-^diole ^vith particular reference to service to and for new or established 
business in the state. 

253:2 Appropriation. There is hereby appropriated for the depart- 
ment of centralized 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 and seventy- 
five thousand dollars for the fiscal year ending June 30, 1969. The sums 
hereby appropriated shall be expended, 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 ex- 
pended in the succeeding fiscal year. The governor is authorized to draw 
his warrant for the sums hereby appropriated out of any money in the 
treasury not otherwise appropriated. 

253:3 Cominission Authorized to Initially Appoint Deputy Director. 
In the event that prior to the appointment of a director of the data pro- 
cessing department the commission finds that in order to expedite the 
establishment of the department it will be beneficial to the state to appoint 
a deputy director, it shall have the power, with approval of governor and 
council, to appoint a deputy director, to establish his salary at any step 
in the salary range provided for the position, and to establish his qualifica- 
tions. He shall hold office until a director is appointed and his successor 
is appointed and qualified. 

253:4 Fiscal Matters. Amend RSA by inserting after section 8:13 
the following new section: 8:13-a Data Processing. The director of ac- 
counts shall handle and carry on the system of accounts and reports of 
financial transactions prescribed by him for all departments and agencies 
of the state, and the records of funds received, and the systems of central 
state accounting records and encumbrance accounting by means of the 
services provided by the central automated data processing department. 

253:5 Salary Adjustments. Amend RSA by inserting after section 
99:4 the following new section: 99:4-a Salary Adjustment. In the event 
the authority granted to the director of the department of data processing 
by RSA 8-C: 7 to increase the salary for a classified position in order to 
recruit personnel is exercised, the salaries of all classified personnel in the 
same classification may be increased by the director of personnel to the 
same amount. Any increase so made shall be a charge against the salary 



1967] Chapter 254 327 

adjustment fund or if the department in which the position occurs is 
financed by a special fund, such increase shall be a charge against such 
special fund. 

253:6 Salary Established. Amend RSA 94:1 (supp), as amended, by 
inserting in the proper alphabetical order the following: 

Director of data processing $20,000 $25,000 

Deputy director of data processing 15,500 19,500 

253:7 Rental through Division of Purchase and Property. Amend 
RSA 8:19, II by striking out said paragraph and inserting in place thereof 
the following: 

II. Purchase all materials, equipment and supplies for all depart- 
ments and agencies of the state including contracting for the purchase or 
rental of automatic data processing equipment, except as otherwise pro- 
vided by law. 

253:8 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 27, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 254. 

AN ACT RELATIVE TO THE PREVENTION OF POLLUTION FROM DREDGING, 
FILLING, MINING, OR OTHER CONSTRUCTION. 

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

254:1 Water Pollution; Dredging. Amend RSA 149 by inserting 
after section 8 as amended by 1961, 47:1; 1963, 48:1; 1967, 145:1; and 
1967, 147:9 the following new section: 149:8-a Dredging. Any person 
proposing to dredge, excavate, place fill, mine or undertake construction 
in the surface waters of the state shall be directly responsible for the sub- 
mission of plans concerning such proposal to the commission at least 
thirty days prior to undertaking any such activity and obtain permission 
from the commission in writing to conduct such operations. The commis- 
sion shall have full authority to establish the terms and conditions under 
which said permit may be exercised, giving due consideration to the cir- 
cumstances involved and the purposes of this chapter. Nothing contained 
herein shall be construed to modify or limit the duties and authority 
conferred upon the water resources board and the governor and council 
under the provisions of RSA 482. 

254:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 27, 1967.] 
[Effective date June 27, 1967.] 



328 Chapter 255 [1967 

CHAPTER 255. 

AN ACT RELATIVE TO THE DEFINITION OF COMPANY IN CONNECTION WITH 
AND WHAT ARE LEGAL INVESTMENTS OF SAVINGS BANKS. 

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

255:1 Definition of Terms. Amend RSA 387:1, V by striking out 
said paragraph and inserting in place thereof the following: V. Company: 
A corporation and its consolidated subsidiary companies, if any, or a 
voluntary association organized under the laws of the United States or any 
state thereof and located and doing business principally within the United 
States. 

255:2 Bonds and Notes. Amend subparagraph (a) of RSA 387:15, I 
(supp) as amended by 1955, 214:9 by striking out the word "ten" in line 
t^vo and inserting in place thereof the words (one hundred) and by strik- 
ing out the word "one" in line four and inserting in place thereof the 
word (five) so that said subparagraph as amended shall read as follows: 
(a) Such company shall have had in the five years next preceding invest- 
ment an average gross income of at least one hundred million dollars and 
average net income available for dividends of at least five million dollars; 
and 

255:3 Reserves. Amend RSA 387:15 by striking out paragraph II 
and inserting in place thereof the following: 

II. Preferred Stock. The dividend-paying stock of senior preference 
of industrial companies incorporated in and doing business in the United 
States which have assets, after reserves for depreciation, depletion and 
obsolescence, of at least one hundred million dollars, provided: 

(a) All securities of such company senior to the preferred stock, if 
any, are legal investments hereunder and do not exceed more than fifteen 
per cent of total capital; and 

(b) Such company shall, in four of the five years next preceding in- 
vestment, have earned its preferred dividend requirements, including in- 
terest, if any, at least three times; and 

(c) The dividends on such stock shall be cumulative and have been 
paid regularly and in full in each of the ten years next preceding invest- 
ment; or 

(d) If such stock has been issued within ten years of the date of in- 
vestment, the dividends on such stock shall be cumulative and have been 
paid in full in every year since its issuance and provided the company 
which issued such stock shall have had earnings during each of those ten 
years equal pro forma to at least three times overall coverage. 



1967] Chapter 256 329 

255:4 Assets. Amend RSA 387:15 by striking out paragraph III and 
inserting in place thereof the following: III. Common Stock. The divi- 
dend-paying capital stock of industrial companies incorporated in and 
doing business in the United States which have tangible assets of at least 
one hundred million dollars provided: 

(a) Such company shall have at least one million shares of such stock 
outstanding; and 

(b) Such stock shall be listed and traded in one hundred share lots 
on the New York Stock Exchange or American Stock Exchange or listed 
on the Boston Stock Exchange; and 

(c) All securities senior to such stock are legal investments hereunder; 
and 

(d) Common stock and surplus combined must equal at least seventy 
per cent of the total capital of such company; and 

(e) Such company shall have had net earnings available for the com- 
mon stock in at least four of the five years next preceding investment; and 

(f) The stock shall have earned and paid a dividend in at least four 
of the five years next preceding investment. 

255:5 Effective Date. This act shall take effect November 1, 1967. 
[Approved June 27, 1967.] 
[Effective date November 1, 1967.] 



CHAPTER 256. 

AN ACT RELATIVE TO COMPENSATION FOR BOARD OF OPTOMETRY AND 
ANNUAL FEES FOR REGISTERED OPTOMETRISTS. 

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

256:1 Board of Optometry. Amend RSA 327:5 by striking out the 
Ts'ord "five" in line two and inserting in place thereof the w^ord (fifteen) 
so that said section as amended shall read as follows: 327:5 Compensation. 
The compensation of the board, except the secretary, shall be fifteen dol- 
lars each for every day actually spent in the discharge of their duties and 
their necessary expenses. The secretary of the board shall receive a salary 
to be fixed by the board. Amounts so paid to the board and secretary shall 
not exceed the amount received by the treasurer from the board in fees. 

256:2 Registration. Amend RSA 327:14, as amended by 1957, 36:4 
by striking out the word "seven" in line four and inserting in place thereof 



330 Chapter 257 [1967 

the ^vord (ten) so that said section as amended shall read as follows: 327:14 
Applications; Fees. Every registered optometrist shall, annually, before 
July first, sign, and forward this statement and application for renewal 
of his registration certificate to the secretary of the board, together with 
an annual license fee of ten dollars, in default of which the board may 
revoke or suspend his registration certificate and His authority to practice 
optometry thereunder, after a hearing as provided by section 22; but the 
payment of said fee at or before the time of hearing, with such additional 
sum, not exceeding five dollars, as may be fixed by the board, shall re- 
move the default, 

256:3 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 27, 1967.] 
[Effective date July 1, 1967.] 



CHAPTER 257. 

AN ACT RELATIVE TO FILING REPORT OF MOTOR VEHICLE ACCIDENT. 

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

257:1 Filing Report. Amend RSA 262-A:67, as amended by 1957, 
144:1, 1963, 330:1, and 1965, 207:4 by striking out the section and insert- 
ing in place thereof the following: 262-A:67 Conduct After Accident. 
Any person who is the operator of a motor vehicle Tvho is knowingly in- 
volved in any accident which results in death, personal injury or damages 
to property, shall immediately stop such vehicle at the scene of such acci- 
dent and give to the operator of any other vehicle involved in said ac- 
cident, and to the person injured, or the owner of the property damaged, 
his name and address, the number of the driver's license, the registration 
number of the motor vehicle and the name and address of each occupant 
thereof. If by reason of injury, absence or removal from the place of the 
accident, or other cause, such injured person, or operator of such other 
motor vehicle, or owner of the property damaged, or any of them, is un- 
able to understand or receive the information required hereunder, such 
information shall be given to any uniformed police officer arriving at the 
scene of the accident or immediately to a policeman at the nearest police 
station. Any person operating a motor vehicle which is in any manner 
involved in an accident shall within five days after such accident report 
in writing to the director of the division of motor vehicles the facts re- 
quired hereunder together with a statement of the circumstances (a) if 
any person is injured or killed, or (b) if damage to property is in excess 
of one hundred dollars, or (c) if said person is uninsured and damage to 
property is in excess of fifty dollars. Voluntary intoxication shall not con- 



1967] Chapter 258 331 

stitute a defense in the matter of knowledge under the provisions of this 
section. Such report, the form of which shall be prescribed by said di- 
rector, shall contain information to enable the said director to determine 
whether the requirements for the deposit of security under section 5 of 
chapter 268 RSA, are inapplicable by reason of the existence of insurance 
or other exceptions specified in that chapter. If such operator be physically 
or mentally incapable of making such report, the owner of the motor 
vehicle involved in such accident or his representative shall, after learn- 
ing of the accident, forthwith make such report. The operator or the 
owner shall furnish such additional relevant information as said director 
shall require. The provisions of this section shall be of general applica- 
tion and shall not be restricted to a public way as defined in RSA 259. 

257:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 258. 

AN ACT REQUIRING LICENSING TO ENGAGE IN BUSINESS OF SECOND 
MORTGAGE HOME LOANS. 

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

258:1 Change of Title. Amend the title of RSA 398-A (supp) as 
inserted by 1961, 255:1 by striking out the same and inserting in place 
thereof the following: (Second Mortgage Home Loans). 

258:2 Definition. Amend RSA 398-A: 1 (supp) as inserted by 1961, 
255:1 by inserting after paragraph IV the following new paragraph: 

V. "Second mortgage loan" means a loan which is secured in whole 
or in part by a mortgage upon any interest in real property used as a 
dwelling with accommodations for not more than four families, which 
property is subject to the lien of one or more prior mortgages. 

258:3 Second Mortgage Home Loans. Amend RSA 398-A (supp) as 
inserted by 1961, 255:1 by inserting after section 1 the following new sec- 
tions: 

398-A: 1-a License Required. I. No person shall engage in the busi- 
ness of second mortgage loan unless he or his broker, agent or other rep- 
resentative first obtains a license as provided herein, except Avhen the 
person lending money is the seller of the real estate upon which the sec- 
ond mortgage is to be taken as security or when the amount of a second 



332 Chapter 258 [1967 

mortCTasie loan exceeds fifteen thousand dollars or when a second mort- 
gage loan is made by the same lender who holds the first mortgage loan 
and the principal amount of the second mortgage loan does not exceed 
one third of the principal amount of the first mortgage loan, or if the 
lender charges, contracts for or receives a rate of interest of six per cent 
or less per year computed upon the basis of a true simple interest rate. 
A person shall not be deemed to be in the business of second mortgage 
home loans if he makes or negotiates not more than two second mortgage 
loans in a calendar year. 

II. The application for such license shall be in writing, under oath 
and in the form prescribed by the bank commissioner. 

III. The license fee for each calendar year or part thereof shall be 
thirty-five dollars. 

IV. Upon the filing of such application and the payment of said 
fee, the commissioner shall investigate the facts and if he shall find (a) 
the financial responsibility, experience, character and general fitness of 
the applicant are such as to command the confidence of the public and 
to ^varrant the belief that the business will be operated lawfully, honestly 
and fairly within the purposes of this chapter; and that (b) the appli- 
cant has available for use in such business at the location specified in the 
application at least twenty-five thousand dollars, or, has such amount 
available or actually invested in loans made under this chapter, and that 

(c) allowing the applicant to engage in business will promote the con- 
venience and advantage of the community in which the business of the 
applicant is to be conducted, he shall enter an order approving such ap- 
plication and deliver a license to the applicant for a period "^vhich shall 
expire the last day of December next following the date of its issuance. 
Each such license shall state the name and address of the licensee and shall 
be posted in the licensee's place of business. Such license shall not be 
transferable or assignable. No licensee shall transact any business pro- 
vided for by this chapter under any other trade name unless he shall have 
a separate license therefor. If the commissioner shall not so find, he shall 
enter an order denying such application and forthwith notify the appli- 
cant of the denial, returning the license fee. Before the corporate or trade 
name under which the licensed business is conducted is changed the li- 
censee shall give notice to the commissioner who shall amend the license 
accordingly without cost. 

V. The applicant shall also, at the same time file Avith the commis- 
sioner a surety company bond to the state, in the sum of five thousand 
dollars, to be approved by the commissioner, for the use of the state and 
of any person who may have a cause of action against the principal in 
said bond under the provisions of this chapter and conditioned that he 
will conform to and abide by each provision of this chapter and Avill pay 
to the state and to any such person any sum that may become due or o\v- 



1967] Chapter 258 333 

ing to the state or to such person from said principal under and by virtue 
of the provisions hereof. 

398-A:l-b Revocation. The commissioner may upon notice and 
hearing, revoke such license if satisfied that the licensee has violated any 
provisions of this chapter. 

398-A:l-c Examinations. For the purpose of discovering violations 
of this chapter the commissioner may, either personally or by any person 
designated by him, at any time, investigate the loans and business of any 
licensee and of any person, partnership, or corporation by whom any 
such loan shall be made, whether such person, partnership, or corpora- 
tion shall act, or claim to act, as principal, agent, or broker, or under or 
without the authority of this chapter; and for that purpose he shall have 
free access to the books, papers, records, and vaults of all such persons, 
partnerships and corporations. He shall also have authority to examine, 
under oath, all persons whose testimony he may require, relative to such 
loans or business. 

398-A:l-d Cost. The commissioner may make such an examination 
of the affairs, business, office, and records of each licensee at least once 
each year. For each examiner employed in conducting any such exam- 
ination, the sum of forty dollars per day shall be paid by the licensee to 
the commissioner. Sums collected under the provisions hereof shall be 
credited to the appropriation for the bank commissioner. 

398-A:l-e Report. Each licensee shall file with the commissioner on 
or before the first day of August each year a report under oath concerning 
the business and operations for the preceding fiscal year ending June 30 
in the form prescribed by the commissioner, which shall show the annual 
volume and outstanding amounts of second mortgage loans, the classifica- 
tion of such loans made by size and by security, and the gross income 
from, and expenses properly chargeable to, such loans. Whenever a li- 
censee operated two or more licensed offices or whenever two or more 
affiliated licensees operate licensed offices, then a composite report of such 
group of licensed offices may be filed in lieu of individual reports. The 
commissioner shall publish an analysis of the information required under 
this section as a part of his annual report. Any licensee failing to file the 
report required by this section within the time prescribed shall pay to 
the commissioner the sum of five dollars for each day said report is over- 
due. If a licensee elects to file a composite report and such composite re- 
port is not filed on or before August first as herein required the penalty 
herein prescribed shall apply separately for each license held. 

258:4 Limitations. Amend RSA 398-A:2 (supp) as inserted by 1961, 
255:1 by striking out said section and inserting in place thereof the fol- 
lowing: 398-A:2 Interest and Interest Rates. No person, partnership or 
corporation shall directly or indirectly charge, take or receive for a sec- 



334 Chapter 258 [1967 

ond mortgage loan secured by property which is occupied in whole or in 
part at the time said loan is made as a home by any obligor or the mort- 
gage debt or by any person granting or releasing any interest under said 
mortgage a greater rate of interest than one and one-half per cent per 
month computed on unpaid balances and following the sixth month of 
any period in Avhich a loan has been in continuous default a greater rate 
of interest than one per cent per month computed on unpaid balances. 
Notwithstanding any other provisions of this chapter the charges which 
may be collected on any loan made under this chapter for the period be- 
ginning six months after the originally scheduled final installment date 
of the loan and ending with date of payment of the loan in full shall not 
exceed six per cent per annum simple interest on the balances outstand- 
ing from time to time during said period. The borrower shall have the 
right to anticipate his debt in whole or in part at any time without being 
required to pay a penalty to the lender therefor. The aggregate of the 
amount of money or value actually received or held at the time of the 
loan, plus the sum of all existing indebtedness of the borrower to the 
lender shall for the purposes of this chapter be deemed the amount of 
the loan. Except where the borrower agrees in writing to a different ap- 
plication of his payments, in cases where partial payments are made, the 
interest shall be calculated to the time of payment, and such payment 
shall first be applied to interest, and the balance thereafter remaining, 
if any, shall be applied to principal. The maximum interest shall include 
all sums paid, directly or indirectly by or on behalf of the borrower to the 
lender for interest, brokerage, commissions, services, extension of loan, 
forbearance to enforce payment or other^vise for making or securing the 
loan, not including, however, sums the lender may require the borrower 
to pay or reimburse the lender for actual recording and foreclosure costs, 
for reasonable legal charges incurred for the examination of the title 
and the marketability of the security for the loan, for the drafting of the 
security instruments or documents, and, when such services are utilized, 
for collecting the debt or realizing upon the security. 

258:5 Equivalent in Money Repealed. Amend RSA 398-A:3 (supp) 
as inserted by 1961, 255:1 by striking out said section and inserting in 
place thereof the following: 398-A:3 Effect of Failure to Specify Interest 

Rate. If any note secured by a second mortgage and any such mortgage 
does not, among its provisions, specify as separate items the principal 
sums, the rate of interest, the period of the loan and the periodic due 
dates, if any, of principal and interest, the lender shall have no right to 
collect interest. 

258:6 Violations. Amend RSA 398-A (supp) as inserted by 1961, 
255:1 by inserting after section 7 the following new section: 398-A:7-a 
Penalty. Any person who willfully violates any provision of this chapter 
shall be fined not less than five hundred nor more than five thousand 
dollars for each such violation. 



1967] Chapter 258 335 

258:7 Prohibition and Exemptions. Amend RSA 398-A (supp) as 
inserted by 1961, 255:1 by inserting after section 8 the following new 
sections: 

398-A: 9 Advertising. No licensee or other person shall advertise, 
print, display, publish, distribute or broadcast or permit to be advertised, 
printed, displayed, published, distributed, or broadcast in any manner 
whatsoever any statement or representation with regard to the rates, terms, 
or conditions for the lending of money under the provisions of this chap- 
ter ^vhich is false, misleading or deceptive. Any reference to the amount 
of a loan shall refer to the original principal amount. Any statement 
so made of the amount of an installment or the rate or amount of interest 
charges required for any loan shall also indicate the original principal 
amount of such loan, the number of installments required to pay such 
loan, and the interval bet^veen each installment. 

398-A:10 Exemptions. Nothing contained in this act shall be deemed 
to have any effect whatever upon the existing powers of any banking in- 
stitution, savings bank, federal savings and loan association, or insurance 
company or other financial institution which is subject to any other law 
of this state or of the United States regulating the power of such institu- 
tion to engage in mortgage loan transactions, or upon the conditions and 
limitations imposed by any such law upon the exercise of such powers. 

398-A: 11 Commissioner Their Attorney. Any out-of-state second 
mortgage broker or agent shall be deemed to have appointed the bank 
commissioner or his successor in office, his true and lawful attorney upon 
whom may be served all lawful process in any action or proceeding against 
him growing out of the provisions of this chapter. Any process against 
such person so served shall be of the same legal force and validity as if 
served on him personally. 

398-A: 12 Service of Process. Service of such process shall be made by 
leaving a copy thereof ^vith a fee of three dollars in the hands of the bank 
commissioner or in his office, and such service shall be sufficient, pro- 
vided that notice thereof and a copy of the process are forthwith sent by 
registered mail by the plaintiff or his attorney to the defendant, and the 
defendant's return receipt and the affidavit of the plaintiff or his attorney 
of compliance therewith are appended to the writ and entered therewith. 
In the event that the notice and copy of the process are not delivered to 
the defendant the superior court may order such additional notice, if any, 
as justice may require. 

258:8 Repeal. RSA 398-A: 8 as inserted by 1961, 255:1 relative to 
application of chapter is hereby repealed. 

258:9 Effective Date. This act shall take effect January 1, 1968. 
[Approved June 27, 1967.] 
[Effective date January 1, 1968.] 



336 Chapter 259 [1967 

CHAPTER 259. 

AN ACT TO PROVIDE FOR AN IMMEDIATE HEARING ON TEMPORARY RESTRAIN- 
ING ORDERS IN A DIVORCE LIBEL. 

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

259:1 Restraining Orders. Amend RSA 458:16 (supp) as amended 
by 1955, 262:3 and 1967, 132:18 by inserting at the end of the section the 
following: (If the temporary orders are made ex parte, the party against 
whom the orders are issued may file a written request with the clerk of 
the superior court and request a hearing thereon. Such hearing shall be 
held no later than five days after the request is received by the clerk. The 
request shall be filed with the clerk of court for the county in which the 
libel for divorce, annulment or decree of nullity is filed) so that the section 
as amended shall read as follows: 458:16 Temporary Orders. After the 
filing of a libel for divorce, annulment or a decree of nullity, the superior 
court may restrain either party from imposing any restraint upon the 
person or liberty of the other, or from entering the tenement wherein 
the other resides during the pendency of the libel and, during such pen- 
dency, may order a temporary allowance to be paid for the support of 
the other, and may make such orders respecting the custody and main- 
tenance of the minor children of the parties as shall be deemed expedient 
for the benefit of the children. If the temporary orders are made ex parte, 
the party against whom the orders are issued may file a written request 
with the clerk of the superior court and request a hearing thereon. Such 
a hearing shall be held no later than five days after the request is received 
by the clerk. The request shall be filed with the clerk of court for the 
county in which the libel for divorce, annulment or decree of nullity is 
filed. 

259:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 260. 

AN ACT CREATING THE POSITION OF CONSULTANT, HEALTH AND PHYSICAL 
EDUCATION IN THE STATE DEPARTMENT OF EDUCATION. 

Whereas, the contribution of instruction and participation in health 
and physical education programs is nationally recognized and accepted 
as the essential basis for the general welfare of the people and kno\vledge 
and experience in healthful living is basic to prevention of physical and 
mental ill health; and 



1967] Chapter 261 337 

Whereas, the fitness of our nation for the tasks of our times cannot 
be greater than the physical well being of the citizens of the state of New 
Hampshire and the productivity of the citizenry and the economic de- 
velopment of the state of New Hampshire are directly affected by the 
health and physical fitness of all citizens of New Hampshire; and 

Whereas, the school health and physical education activities are im- 
portant to the worthy use of leisure time programs now under state level 
leadership; and 

Whereas, the school programs of health, physical fitness, remedial 
training, and the development of basic skills are necessary to the well- 
being of our children and adults in this modern age; and 

Whereas, there is a need for an emphasis for programs of physical 
education for the physically handicapped and mentally retarded young- 
sters who attend our schools; now therefore 

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

260:1 Health and Physical Education Program. The position of con- 
sultant in the field of school health education and physical education is 
created in the department of education. If funds become available from 
any source, to pay a salary to the consultant, the commissioner of educa- 
tion shall fill the position. 

260:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 27, 1 967. ] 
[Effective date July 1, 1967.] 



CHAPTER 261. 

AN ACT RELATIVE TO REPORTS AND ESCHEAT PROCEEDINGS INVOLVING 
UNCLAIMED AND ABANDONED PROPERTY. 

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

261:1 State Treasurer to Establish Schedule for Report of Financial 
Organization. Amend RSA 471-A:12, IV (supp), as inserted by 1965, 214:1, 
by striking out said paragraph and inserting in place thereof the follow- 
ing: IV. Each report shall be filed before November 1, as of the next 
preceding June 30, of the year in which due. Reports of presumably 
abandoned properties of the kinds described in section 3 shall be filed in 
the year 1966 and in such subsequent years as the state treasurer shall de- 
termine, provided, however, that the state treasurer shall establish a sched- 



338 Chapter 261 [1967 

ule so that each financial organization will report at least once in each 
five year period. Reports of presumably abandoned property of the kinds 
described in sections 4, 5 and 6 shall be filed in the year 1966, and the 
year 1970 and in every fifth year thereafter. Reports of presumably aban- 
doned properties of all other kinds hereunder shall be filed annually. 
The state treasurer may postpone the reporting date upon written request 
by any person required to file. 

261:2 Initial Report. Amend RSA 471-A:12, VII (supp), as inserted 
by 1965, 214:1, by adding at the end thereof the following sentence: (The 
initial report filed as of June 30, 1967 shall include all property held by 
the holder Avhich is presumed abandoned under the terms of this chapter, 
excepting property paid or delivered to the state treasurer under this or 
other statutes.) so that said paragraph as amended shall read as foUo'^vs: 
VII. The initial report filed under this chapter shall include all property 
as to "\vhich the time period resulting in a presumption of abandonment 
under the terms of this chapter commenced running on or after January 
1, 1936, excepting property paid or delivered to the state treasurer prior 
to July 1, 1966 under other statutes. The initial report filed as of June 30, 
1967 shall include all property held by the holder which is presumed 
abandoned under the terms of this chapter, excepting property paid or 
delivered to the state treasurer under this or other statutes. 

261 :3 Eliminating Publication if Value not over Ten Dollars. Amend 

the unnumbered paragraph of RSA 471-A:23, II (supp) , as inserted by 
1965, 214:1, by striking out the same and inserting in place thereof the 
following: II. At the time such action is commenced, the state treasurer 
shall cause notice thereof to be published once each week for two suc- 
cessive weeks in a newspaper having general circulation in the county in 
"^v^hich is situated the last known address of the owner according to the 
records of the state treasurer, except, however, that such notice shall be 
limited to those items having a fair market value, on the date of the ac- 
tion, of more than ten dollars. If no address is listed, the notice shall be 
published in the county in which the holder of the abandoned property 
has his principal place of business within the state. Such notice shall be 
entitled "Notice of Proceedings to Declare Certain Abandoned Property 
Escheated to the State of New Hampshire" and shall include the follo"\v^- 
ing matters: 

261:4 Repeal. Subparagraphs (b), (c), and (d) of RSA 471-A:23, II 
(supp) as inserted by 1965, 214:1 requiring publication of description, 
prior holder and value of property are hereby repealed. 

261:5 Effective Date. This act shall take effect sixty days after its 

passage. 

[Approved June 27, 1967.] 

[Effective date August 26, 1967.] 



1967] Chapter 262 339 

CHAPTER 262. 

AN ACT RELATING TO THE ACTIVITIES OF REGISTERED ARBORISTS. 

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

262:1 Arborists. Amend RSA 222:1 as amended by 1957, 73:1 by 
striking out the section and inserting in its place the following: 222:1 
Certificate Required. I. No person, firm, or corporation shall advertise, 
solicit, or contract to improve the condition of fruit, shade, or ornamental 
trees, by pruning, trimming, or filling cavities, or to protect such trees 
from damage by insects or disease, either by spraying or any other meth- 
od, Avithout having secured a certificate as provided in section 2 of this 
chapter. The removal of trees by means of topping, cutting into sections, 
and lowering to the ground by means of ropes or crane, is included in the 
activities for which a certificate is required. II. Any person failing to 
comply with the terms of this section or section 1-a of this chapter shall 
be fined one hundred dollars, or be imprisoned for not more than two 
months, or both. Nothing in this chapter prevents a person from improv- 
ing or protecting trees on his own premises or those of his employer with- 
out securing a certificate as an arborist. 

262:2 Prohibitions. Amend RSA 222 by inserting after section 1 as 
amended by 1957, 73:1 and by this act, a new section as follows: 222: 1-a 
Prohibited Activities. I. No arborist shall advertise in any manner to do 
arborist ^^vork in any category of activity in which he does not hold a cer- 
tificate to work. 

II. Climbing irons or spurs may be used by registered arborists 
when climbing dead trees or live trees that are being removed. It is un- 
lawful for any person other than the owner of the trees to use climbing 
irons or spurs on live shade or ornamental trees, except under emergency 
conditions, and then only as their use is authorized under rules prescribed 
by the director of the division of resources development of the depart- 
ment of resources and economic development. 

III. Licensed arborists shall carry their licenses, or a copy thereof, 
upon their persons at all times and produce it upon request. 

262:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



340 Chapter 263 [1967 

CHAPTER 263. 

AN ACT PROVIDIXG FOR USE OF ADDITIONAL POLLING PLACES AT CAUCUSES 

IN LARGE TOWNS. 

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

263: 1 Caucus for Nomination of Candidates in Large Towns. Amend 
RSA 56 by inserting after section 87-a (supp) as inserted by 1963, 280:3 
the following new sections: 

56:87-b Additional Polling Place. Any caucus held under the pro- 
visions of this subdivision in a town which has voted to adopt the provi- 
sions for additional polling places in said town, may be held at the central 
polling place in said town and also at said additional polling place. The 
local executive committee of the party holding the caucus shall prepare 
a checklist for each polling place. The polls at the additional polling 
place shall close one hour prior to the closing of polls at the central poll- 
ing place and the ballot boxes from the additional polling place shall be 
opened and counted at the central polling place. 

56:87-c Filing. In any town covered by the provisions of section 87-b 
any candidate for nomination for office shall file his name, with a declara- 
tion of the office for which he is filing, with the clerk of the political party 
holding the caucus five days before the date of the caucus. The clerk shall 
prepare the ballots to be used for said caucus and no other ballots shall 
be used at said caucus. 

263:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 264. 

AN ACT RELATIVE TO UNIT OWNERSHIP OF REAL PROPERTY. 

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

264:1 Definitions. Amend paragraph H of RSA 479-A:l (supp) as 
inserted by 1965, 155:1 by striking out said paragraph and inserting in 
place thereof the following: II. "Unit owner" means the person or per- 
sons owning a unit in fee simple absolute, or leasing a unit as hereinafter 
provided, and an undivided interest in the fee simple, or leased estate, 
of the common areas and facilities in the percentage specified and estab- 
lished in the declaration. 

264:2 Leased Property. Amend paragraph XIII of RSA 479-A:l 
(supp) as inserted by 1965, 155:1 by striking out said paragraph and 



1967] Chapter 265 341 

inserting in place thereof the following: XIII. "Property" means and 
includes the land, the building, all improvements and structures thereon, 
all owned in fee simple absolute, or leased as provided hereafter, and all 
easements, rights and appurtenances belonging thereto, and all articles 
of personal property intended for use in connection therewith, which 
have been or are intended to be submitted to the provisions of this 
chapter. 

264:3 Limitation. Amend RSA 479-A:2 (supp) as inserted by 1965, 
155:1 by striking out said section and inserting in place thereof the fol- 
lowing: 479-A:2 Application of Chapter. This chapter shall be applicable 
only to property which the sole owner or all the owners thereof or, in the 
case where the property is leased of another for a period of not less than 
thirty years, the sole lessee or all the lessees thereof submit to the provi- 
sions hereof by duly executing and recording a declaration as hereinafter 
provided. 

264:4 Taxation. Amend RSA 479-A:21 (supp) as inserted by 1965, 
155:1 by striking out said section and inserting in place thereof the fol- 
lowing: 479-A:2 Separate Taxation. 

I. Each unit and its percentage of undivided interest in the common 
areas and facilities shall be deemed to be a parcel and shall be subject 
to separate assessment and taxation by each assessing unit and special dis- 
trict for all types of taxes authorized by law including, but not limited, 
to special ad valorem levies and special assessments. Neither the building, 
the property, nor any of the common areas and facilities shall be deemed 
to be a parcel. 

II. In the event the land or the building, including common areas 
and facilities, is separately owned, and leased to the unit owner for a 
period of not less than thirty years, and such lease, duly recorded, pro- 
vides that the lessee shall pay all such taxes, such unit and its percentage 
of undivided interest in the common areas and facilities shall be deemed 
to be a parcel and shall be separately assessed and taxed as aforesaid. 

264:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 265. 

AN ACT RELATING TO MILK STANDARDS. 

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



342 Chapter 265 [1967 

265:1 Definitions. Amend RSA 184 by inserting after section 102 as 
inserted by 1963, 289: 1 the following new sections: 

184:103 Standards of Identity. The milk sanitation board may pro- 
mulgate regulations setting forth definitions and standards of identity 
for milk and milk products. When promulgating such regulations the 
board shall not be inconsistent with those standards of identity for milk 
and milk products established by existing laws or those promulgated un- 
der the federal act (RSA 146:2 X) . Said regulations shall be promulgated 
in the manner prescribed by paragraph II of section 93. 

184:104 Penalty. Any person who violates any of the provisions of 
this subdivision or any regulations promulgated hereunder or whoever 
sells, offers for sale, or has in his possession with intent to sell any milk 
or milk products which fail to conform to the standard of identity estab- 
lished by regulations of the board as provided in section 103, shall upon 
conviction for the first offense be fined not exceeding fifty dollars, for the 
second offense be fined not exceeding one hundred dollars, and for the 
third and subsequent offenses be fined not exceeding two hundred dollars 
or imprisoned not more than one year or both. 

265:2 Terms. Amend RSA 184:79 as inserted by 1963, 289:1 by 
adding after paragraph XXI the following new paragraphs: 

XXII. The term "milk" means the whole, fresh, clean, lacteal secre- 
tion obtained by the complete milking of one or more healthy cows, ex- 
cluding that obtained within fifteen days before and five days after calving, 
or such longer period as may be necessary to render the milk practically 
colostrum free. The term "milk" unqualified means cow's milk. It shall 
contain not less than eleven and eighty-five one hundredths per cent of 
milk solids, nor less than three and thirty-five one hundredths per cent of 
milk fat. 

XXIII. The terms "pasteurization", "pasteurized", and similar terms 
mean the process of heating every particle of milk or milk product to 
at least 145°F., and holding it continuously at or above this temperature 
for at least thirty minutes, or to at least 161 °F., and holding it continu- 
ously at or above this temperature for at least fifteen seconds, in equip- 
ment which is properly operated and approved by the health authority. 
The milk products which have a higher milkfat content than milk and/or 
contain added sweeteners shall be heated to at least 150°F., and held con- 
tinuously at or above this temperature for at least thirty minutes, or to 
a least 166°F., and held continuously at or above this temperature for at 
least fifteen seconds. Nothing in this definition shall be construed as 
barring any other pasteurization process which has been recognized and 
demonstrated to be equally efficient and which is approved by the milk 
sanitation board. 

XXIV. The term "milk products" means any product for "vvhich a 



1967] Chapter 266 343 

definition and standard of identity has been established by the board un- 
der the authority of RSA 184: 103. 

265:3 Repeal. Sections 36 as amended by 1959, 141:1, 2; 38 as 
amended by 1959, 141:3; 38-a as inserted by 1959, 141:4; 39 as amended 
by 1959, 141:5; 41 as amended by 1961, 28:1; 42; 43; 44 as amended by 
1961, 222:1, and 45 of RSA 184, relative to milk and milk products, are 
hereby repealed. 

265:4 Repeal. Paragraphs I-VIII, inclusive, of RSA 184:79, as in- 
serted by 1963, 289:1 relative to definitions of milk and milk products 
are hereby repealed. 

265:5 Repeal. Section 100 of RSA 184 as inserted by 1963, 289:1 
relative to penalty for violations of provisions of the subdivision is hereby 
repealed. 

265:6 Effective Date. RSA 184:103 as inserted by section 1 of this 
act shall take effect on passage. All other parts of this act shall take effect 
sixty days after its passage. 
[Approved June 27, 1967.] 
[Effective date section 1 effective June 27, 1967, 
remainder of act as specified.] 



CHAPTER 266. 

AN ACT RELATIVE TO INVESTMENTS OF SAVINGS BANKS IN UNSECURED NOTES. 

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

266:1 Bank Investments. Amend paragraph IV (supp) of RSA 387:5 
as amended by 1955, 214:17 and 1963, 144:1 by striking out the para- 
graph and inserting in its place the following: IV. Unsecured. Notes 
with one or more signers, with or without one or more endorsers, pro- 
vided that (1) no savings bank shall invest in a loan which exceeds two 
per cent of its capital funds unless suitable current data is furnished to 
the bank showing that the borrower and his co-signers or endorsers, if 
any, have a combined net worth of at least fifty thousand dollars or twenty 
per cent in excess of the amount of the note, whichever is less, and the 
aggregate unpaid balance owed on loans in excess of two per cent of cap- 
ital funds shall not exceed five per cent of deposits, and provided that (2) 
total obligations in unsecured notes of any one person shall be limited to 
not more than twenty-five hundred dollars exclusive of interest or discount, 
if the guaranty fund of the bank is not full or is impaired, and provided 
that (3) a bank which takes under this paragraph a note payable on de- 



344 Chapter 267 [1967 

mand shall demand payment of said note not later than one year from 
the date thereof, but may accept a new note in payment of such demand 
note. 

266:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 267. 

AN ACT AUTHORIZING SCHOOL DISTRICTS TO PROVIDE LIFE AND HEALTH 
INSURANCE FOR THEIR EMPLOYEES. 

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

267:1 Life and Health Insurance. Amend RSA 194:3 as amended by 
1959, 164:1 by inserting in line seven after the word "determine" the fol- 
lowing words (to provide group plan life, accident, medical, surgical and 
hospitalization insurance benefits, or any combinations of such benefits, 
for all regular employees of the district and their dependents, the cost 
thereof to be borne in whole or in part by the district) so that said section 
as amended shall read as follows: 194:3 Powers of Districts. School dis- 
tricts may raise money, as required by law, or, in addition thereto, to pro- 
cure land for schoolhouse lots and for the enlargement of existing lots; 
to build, purchase, rent, repair or remove schoolhouses and outbuildings, 
and buildings to be used for occupancy by teachers in the employ of such 
school district; to procure insurance against such risks of loss, cost or 
damage to itself, its employees or its pupils as its school board may deter- 
mine; to provide group plan life, accident, medical, surgical and hospital- 
ization insurance benefits, or any combinations of such benefits, for all 
regular employees of the district and their dependents, the cost thereof 
to be borne in whole or in part by the district; to plant and care for shade 
and ornamental trees upon schoolhouse lots; to provide suitable furniture, 
books, maps, charts, apparatus and conveniences for schools; to purchase 
vehicles for the transportation of children; to provide for health and 
sanitation, and to pay debts. 

267:2 EflEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 268 345 

CHAPTER 268. 

AN ACT RELATING TO SERVICE OF PROCESS ON REPRESENTATIVES OF 
DECEASED NON-RESIDENT MOTOR VEHICLE OPERATORS 

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

268:1 Service of Process; Deceased Persons. Amend RSA 264:2 by 
inserting at the end of said section the following (In the event that the 
notice and copy of the process cannot be delivered to the defendant be- 
cause he has deceased at the time of the accident or thereafter, the notice 
and copy of process shall be sent to the executor or administrator of the 
deceased defendant's estate, if one has been appointed. If no executor or 
administrator has been appointed, the plaintiff may petition the superior 
court for the appointment of a guardian ad litem for such deceased de- 
fendant, and upon appointment of such guardian ad litem, the notice and 
copy of process shall be sent to such guardian ad litem.) so that said section 
as amended shall read as follows: 264:2 Service of Process. Service of 
such process shall be made by leaving a copy thereof with a fee of two 
dollars in the hands of the director or in his office, and such service shall 
be sufficient, provided that notice thereof and a copy of the process are 
forthwith sent by registered mail by the plaintiff or his attorney to the 
defendant, and the defendant's return receipt and the affidavit of the plain- 
tiff or his attorney with compliance therewith are appended to the writ 
and entered therewith. In the event that the notice and copy of process are 
not delivered to the defendant the superior court may order such addi- 
tional notice, if any, as justice may require. In the event that the notice 
and copy of process cannot be delivered to the defendant because he has 
deceased at the time of the accident or thereafter, the notice and copy of 
process shall be sent to the executor or administrator of the deceased de- 
fendant's estate, if one has been appointed. If no executor or adminis- 
trator has been appointed, the plaintiff may petition the superior court 
for the appointment of a guardian ad litem for such deceased defendant, 
and upon appointment of such guardian ad litem, the notice and copy of 
process shall be sent to such guardian ad litem. 

268:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



346 Chapter 269 [1967 

CHAPTER 269. 

AN ACT INCREASING THE PENALTY FOR MISUSING OR MUTILATING NATIONAL 

AND STATE FLAGS. 

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

269:1 Penalty Increased. Amend RSA 573 by striking out section 5 
and inserting the following: 573:5 Penalty. Whoever violates any of the 
foregoing provisions shall be fined not more than one thousand dollars, 
or imprisoned not more than six months, or both. 

269:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 270. 

AN ACT RELATING TO PESTICIDES CONTROL. 

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

270:1 Composition of Board. Amend paragraph I of RSA 149-D:2 
(supp) as inserted by 1965, 368:1 by striking out said paragraph and in- 
serting in place thereof the following: I. A pesticides control board is 
established to consist of the commissioner of agriculture, the director of 
the division of public health services, the director of the division of re- 
sources development, the director of the fish and game department, the 
state entomologist, the executive director of the water pollution commis- 
sion, and four members appointed by the governor with the consent of 
the council each for a term of three years and until his successor is ap- 
pointed and qualified. Of the original appointments one member is for 
a term of one year, two for a term of two years, and one for a term of 
three years. The governor, with the consent of the council, shall make 
his appointments as follows: one from the general public (not in any of 
the following two categories) : one person from a slate of three persons 
presented by the New Hampshire Horticultural Society; one person from 
a slate of three persons presented by the New Hampshire Arborists Asso- 
ciation; and one a recognized ecologist, preferably holding a doctorate 
in ecology. The executive director of the water pollution commission shall 
act as executive secretary to the board and shall coordinate for the board 
the information and data developed by the water pollution commission 
and department of agriculture relating to this chapter. The board shall 



1967] Chapter 270 347 

choose its own chairman. The four members appointed by the governor 
and council are not entitled to compensation for their services, but may 
receive reimbursement for their necessary traveling and other expenses 
while engaged in actual work of the board, and shall be paid from the 
monies appropriated for the purposes of this chapter. 

270:2 Definition. Amend RSA 149-D:3 (supp) as inserted by 1965, 
368:1 by inserting after paragraph V the following new paragraph: VI. 
"Person" means any individual, firm, partnership, corporation, company, 
society, association, or any organized group of persons whether incor- 
porated or not and every officer, agent or employee thereof. This term 
shall import either the singular or plural as the case may be. 

270:3 Registration of Commercial Applicators. Amend paragraph 
I of RSA 149-D:4 (supp) as inserted by 1965, 368:1 by striking out said 
paragraph and inserting in place thereof the following: I. Any person 
who engages in commercial application of pesticides within this state 
must register with the board. An annual fee of ten dollars shall be col- 
lected by the board for each registration. Each application for registra- 
tion shall contain such information regarding the applicant's qualifica- 
tions and proposed operations and other relevant matters as the pesticides 
control board may require. Every person applying for a registration cer- 
tificate will be required to pass an examination prepared and adminis- 
tered by the board. The board shall require from each applicant proof 
of financial responsibility in amounts to be determined under regulations 
as made by the board. An applicant for renewal shall submit a simple, 
accurate record of his use of pesticides for the preceding calendar year. 
Upon submission of records as required, the board shall issue a certificate 
of registration. The board shall maintain a complete up-to-date list of 
registered applicators and permit holders and their use of pesticides. 

270:4 Permits. Amend paragraph II of RSA 149-D:4 (supp) as in- 
serted by 1965, 368:1 by striking out said paragraph and inserting in 
place thereof the following: II. Any person, other than a commercial 
applicator, applying pesticides upon crops, land, waters or forest of this 
state whether federal, state, municipally or privately owned, shall not 
be required to be registered, but shall be issued without cost a written 
permit by the pesticides control board upon his furnishing satisfactory evi- 
dence to the board of adequate knowledge of pesticides and their use, 
and for rene^val a simple, accurate record of the applicant's use of pesti- 
cides for the preceding calendar year. 

270:5 General Regulations. Amend RSA 149-D:7 (supp) as inserted 
by 1965, 368:1 by inserting after paragraph III the following new para- 
graph: IV. Regulations as are deemed necessary to carry out the provi- 
sions of this chapter. 

270:6 Exemptions. Amend paragraph II of RSA 149-D:9 (supp) as 
inserted by 1965, 368:1 by striking out said paragraph and inserting in 



348 Chapter 270 [1967 

place thereof the following: II. The application of pesticides within, 
around, under, or in the immediate vicinity of buildings by the property 
OAvner, providing crops raised therein or thereon are not offered for sale. 
However, a person applying pesticides as allowed by this paragraph shall 
not allo^\^ any pesticides to enter any stream or body of water by reason 
of such an application, 

270:7 Use of Fees. Amend RSA 438:6 (supp) as amended by 1965, 
368:3 by striking out the statutory reference "149-C" in line five and in- 
serting in place thereof the statutory reference (149-D) so that said section 
as amended shall read as follows: 438:6 Fees. The registrant shall pay an 
annual fee of ten dollars for each economic poison registered. The fees 
collected under this section constitute a special pesticide control fund, 
which does not lapse but may be used at any time to carry out the pro- 
visions of this chapter and the provisions of chapter 149-D of RSA. 

270:8 Arborists. Amend RSA 222:2 (supp) as amended by 1961, 
223:3 and by 1965, 368:4 by striking out the statutory reference "RSA 
149-C: 3 (II)" in line fourteen and inserting in place thereof the statutory 
reference (RSA 149-D: 3 (II), and by striking out the statutory reference 
"RSA 149-C: 5 (III)" in line fifteen and inserting in place thereof the statu- 
tory reference (RSA 149-D: 5 (III) so that said section as amended shall 
read as follows: 222:2 Board of Examiners. The director of the division 
of resources development, department of resources and economic develop- 
ment, the commissioner of agriculture, and the entomologist of the agri- 
cultural experiment station shall constitute a board for the examination 
of arborists. If they are satisfied, on examination of an applicant, that he 
is qualified to improve, protect, and preserve fruit, shade, ornamental, 
and forest trees, they may issue a certificate stating that he is a registered 
arborist. Such certificate shall expire at the close of the calendar year un- 
less sooner revoked as provided in section 3, and may be rene"\ved by the 
board for succeeding years without further examination upon the pay- 
ment of the required fee. Any person, firm, or corporation receiving such 
certificate shall be responsible for the acts of all employees in the per- 
formance of such work. One member of each crew operating a piece of 
equipment applying pesticides as defined in RSA 149-D:3 (II) must be 
registered as required by RSA 149-D:5 (III) . As a condition for the re- 
newal of a certificate, the board of examiners of arborists shall require 
the certificate holder to submit for filing with the pesticides control board 
his records of the previous year's application of pesticides the same as 
required from persons holding a registration or permit from the pesti- 
cides control board. 

270:9 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 271 349 

CHAPTER 271. 

AN ACT ENABLING RESIDENTS TEMPORARILY OUTSIDE THE UNITED STATES 

TO REGISTER. 

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

271:1 Procedure Established. Amend RSA 55 by inserting after sec- 
tion 23 the following new sections: 

55:24 Absentee Registration. Any person who is a legal resident of 
any town in this state and qualified to vote therein at the next subsequent 
biennial election to be held in said town except for the fact that his name 
does not appear on the checklist to be used at such election, and who is 
temporarily residing outside the United States for reasons of education 
or business, may cause his name to be added to such checklist as herein- 
after provided. 

55:25 — Application; Forms. Any such person may, not later than 
ninety days prior to such election, apply to the secretary of state for an 
absentee registration affidavit. Such affidavit shall be prepared by the sec- 
retary of state, and shall be in substantially the following form: 

Affidavit 

I, , do hereby depose 

as follows: 

1) That I am a legal resident of the town of , 

New Hampshire, of the age of twenty-one years or over and am entitled 
to vote in the biennial election to be held in said town in November, 

19 , except for the fact that my name does not appear on the checklist 

to be used in said town at such election; 

2) That I do not intend to be present within the United States at 
such time prior to said election as shall enable me personally to appear 
before the supervisors of the checklist of said town in their regular ses- 
sions for the correction of the checklist for said election; 

3) That for reasons of education or business, I am temporarily re- 
siding in (city, province and country); and 

4) That I hereby make application for the addition of my name to 
the checklist of said town to be used at said election. 



signature of applicant 

There shall be printed below the foregoing affidavit the following 
certificate: 



350 Chapter 271 [1967 

Certificate 

I, , a diplomatic or consular 

officer of the United States serving in the country of 

, do hereby certify as follows: 

a) That on the day of , 19 , the 

above-named , having satisfied me 

as to his identity, subscribed the foregoing affidavit in my presence, and 
did before me swear to (or affirm) the truth of the statements therein 
contained; 

b) That I chose at random five lines of the constitution of the 
United States, printed in English, ^vhich said lines the deponent read 
to me in a satisfactory manner; and 

c) That he copied in his own hand and in a satisfactory manner, 
one line of said constitution. 



signature of officer 



title 

Such affidavit and certificate shall be forwarded directly to the ap- 
plicant by the secretary of state. 

55:26 — Execution; Submission; Effect. Such affidavit shall be ex- 
ecuted before a diplomatic or consular officer of the United States 
serving in the country in which the applicant is temporarily residing. 
Such officer, upon compliance with the tenor of said certificate, shall 
execute the same, subjoining thereto proof of his official capacity, and 
shall forward the affidavit and certificate to the secretary of state who 
shall transmit them to the town clerk of the town named for submis- 
sion to the supervisors of the checklist of said town. Unless the super- 
visors shall be of the opinion that the applicant is not a legal resident 
of the toTvn, they shall, at their next session for the correction of the 
checklist for such election subsequent to their receipt of such affidavit 
and certificate properly executed, cause his name to be added to said 
checklist. Thereafter such person shall be entitled to vote at such elec- 
tion, either in person or by absentee ballot, as if he had appeared per- 
sonally before the supervisors. 

271:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 272 351 

CHAPTER 272. 

AN ACT TO AUTHORIZE THE ISSUANCE OF VARIABLE ANNUITIES CONTRACTS. 

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

272:1 Purpose. Amend RSA 401 : 1, III by inserting at the end thereof 
the words (including variable annuities) so that the paragraph as 
amended shall read as follows: III. On the lives of persons and every 
insurance pertaining thereto or connected therewith, including endow- 
ments, and to grant, purchase, or dispose of annuities, including variable 
annuities. 

272:2 Separate Accounts and Variable Annuity Contracts. Amend 
RSA 408 by inserting after section 22 the following new subdivisions: 

Separate Accounts 

408:23 Definition. A "separate account" shall mean a segregrated 
investment account maintained by an insurance company in accordance 
with RSA 408:24 to 408:27, inclusive. 

408:24 Authorization. Any domestic life insurance corporation may 
establish one or more separate accounts and may allocate thereto, 
pursuant to the terms of written agreements with policyholders, any 
amounts which are paid to or held by such company in connection with 
a pension, retirement or profit-sharing plan, for the purpose of providing 
retirement benefits under such company's policies or contracts, payable 
in fixed amounts, and other benefits incidental thereto. 

408:25 Operation of Separate Accounts. The income, if any, and the 
gains or losses, realized or unrealized, on each separate account may be 
credited to or charged against the amount allocated to the separate ac- 
count in accordance with such agreement, without regard to other 
income, gains or losses of the company. Notwithstanding any inconsistent 
provision in its charter or in any section of the general statutes, the 
amounts allocated to such accounts and accumulations thereon may be 
invested and reinvested in any class of loans and investments specified 
in such agreement, and such loans and investments shall not be included 
in applying the limitations provided in RSA 41 1 : 19 (a) . 

408:26 Company Not a Trustee. Amounts allocated by an insurance 
company to separate accounts in the exercise of the power granted by this 
chapter shall be owned by the company, and the company shall not be, or 
hold itself out to be, a trustee in respect to such amounts. 

408:27 Limitations. The provisions of RSA 408:23 to 408:26, inclu- 
sive, shall not apply to any amounts while such amounts are applied to 
the purchase of fixed retirement benefits, or other benefits incidental 
thereto, under the policies or contracts of such company. 



352 Chapter 272 [1967 

Variable Annuity Contracts 

408:28 Definition. A "variable annuity contract" shall mean any 
contract issued by an insurance company which provides that the dollar 
amount of benefits or other contractual payments thereunder will vary 
so as to reflect investment results of any segregated portfolio of invest- 
ments or of a designated account in which amounts received in con- 
nection ^vith such contracts have been placed. Variable annuity contracts 
shall not be deemed subject to RSA Chapter 421. 

408:29 Contract Provisions. Any variable annuity contract issued or 
delivered in this state and any certificate evidencing variable benefits 
issued pursuant to any such contract on a group basis shall contain a 
statement of the essential features of the procedure to be followed by 
the insurance company in determining the dollar amount of the variable 
benefits or other contractual payments or values thereunder and shall 
state in clear terms that such amount may decrease or increase according 
to such procedure. Any such contract issued or delivered in this state and 
any such certificate shall contain on its first page, in a prominent position, 
a clear statement that the benefits or other contractual payments or 
values thereunder are on a variable basis. 

408:30 Separate Accounts. Any domestic life insurance corporation 
which issues variable annuity contracts shall establish one or more 
separate accounts known as variable annuity accounts. Any amounts 
received by the company which are required by the variable annuity 
contracts to be applied to provide variable benefits shall be added to the 
appropriate variable annuity account, and the assets of any such variable 
annuity account shall not be chargeable with liabilities arising out of 
any other business the company may conduct. The company shall not, 
however, be a trustee with respect to such amounts. If at any time there 
should be a deficit in any such variable annuity account because of 
mortality experience, the company shall make additions to such an 
account, at least as often as annually, so that the assets of such account 
shall be sufficient to satisfy the company's mortality obligation for such 
variable benefits. If at any time there should be a surplus in any such 
variable annuity account because of mortality experience, the company 
may make withdrawals from such an account, not more frequently than 
annually, so that the assets of such account shall equal the amount re- 
quired to satisfy the company's mortality obligation for such variable 
benefits. 

408:31 Limitations. Investments and liabilities of the variable an- 
nuity account shall at all times be clearly identifiable and distinguishable 
from the other investments and liabilities of the corporation. No invest- 
ments of a variable annuity account shall be pledged or transferred as 
collateral for a loan. 



1967] Chapter 272 353 

408:32 Investments. The assets of a variable annuity account may 
be invested in any real estate or tangible or intangible personal prop- 
erty which is a legal investment for a life insurance company, and in 
addition such assets may be invested w^hoUy or partly in common stocks, 
in preferred stocks or in other equities which are, at the time of their 
purchase, either listed or admitted to trading on a security exchange 
located in the United States of America or Canada, or are publicly 
traded on the over-the-counter market and as to which market quota- 
tions are available, provided that no more than five percent of the 
assets in any variable annuity account may be invested in the securities 
of any one company and not more than ten percent of any class of 
securities of any company shall be acquired. The valuation of variable 
annuity account assets for all purposes shall be determined in accord- 
ance with the current market value of such assets notwithstanding the 
application of other valuation methods to assets of the corporation other 
than assets of the variable annuity account. Such valuations shall be 
made as of the same day in each month as shall be specified by such 
corporation. 

408:33 Reserves. The reserve liability for contracts on a variable 
basis shall be established by the insurance commissioner pursuant to the 
requirements of chapter 410, RSA, the Standard Valuation Law, in ac- 
cordance with actuarial procedures that recognize the variable nature of 
the benefits provided. 

408:34 Deposit of Securities. Any corporation organized under the 
laws of this state which has been authorized by the commissioner to issue 
variable annuity contracts shall deposit all securities representing the 
assets of a segregated fund for a variable annuity account and all un- 
invested cash of such a fund with a custodian which shall be a bank 
or trust company, either within or without the State of New Hampshire, 
approved by the commissioner. The deposit required by this section 
shall, for any such fund, be in lieu of the deposit required by RSA 411:8. 

Registration of Insurance Corporations 
Authorized to Issue Variable Annuity Contracts 

408:35 Registration Required. Only a life insurance corporation 
licensed to do business in this state may, in this state, by direct solicita- 
tion or through agents or salesmen, or by letter, circular, or advertising 
sell, offer for sale, or invite offers for or inquiries about variable an- 
nuity contracts and only if it is registered to do so under the provisions 
of this chapter. 

408:36 Application; Fee. Any such life insurance corporation desir- 
ing registration shall file written application therefor with the insurance 
commissioner, accompanied by a registration fee of fifty dollars, the fee 
to be returned if the application is not granted. 



354 Chapter 272 [1967 

408:37 Form, etc. The application shall be in such form as may be 
prescribed by the commissioner, and shall state in writing the principal 
place of business, the name or style of doing business, the date from 
which it has been licensed to do the business of life insurance in this 
state and such other documentary evidence of condition and responsi- 
bility as the commissioner may require to determine the applicant's 
good repute. The commissioner may make such other and further in- 
vestigation thereof as he may deem desirable. 

408:38 Registration. Upon being satisfied of the applicant's good 
repute, financial standing, reliability, and right to public confidence, the 
commissioner shall register the applicant to issue variable annuity con- 
tracts. 

408:39 Hearing. If the commissioner shall not be satisfied of the 
applicant's good repute, or if such objection shall be made, the com- 
missioner shall give notice of either fact to the applicant, and upon 
request from him shall fix a time and place for hearing, of which four- 
teen days' notice shall be given by mail to the applicant and to the 
objectors. At such hearing opportunity shall be given to said applicant 
and to any other persons interested or objecting, to offer further evidence 
as to the applicant's character and repute. If satisfied as a result of such 
hearing of the applicant's good character and repute in business the 
commissioner shall thereupon register the applicant to issue variable 
annuity contracts. 

408:40 Certificate. Upon registration of any insurance corporation 
to issue variable annuity contracts, a certificate shall be issued stating 
the name, principal place of business, and address of the registrant, the 
names, residences, and business addresses of all persons interested in 
the business as principals, officers, directors, or managing agents, and 
the fact that the registrant has been registered as a life insurance corpora- 
tion authorized to issue variable annuity contracts. The certificate shall 
in other respects be in such form as the commissioner may determine, 
but shall state in bold type that the commissioner does not recommend 
and assumes no responsibility for, variable annuity contracts offered 
by the registrant. Certified copies of this certificate shall be furnished 
to the registrant at one dollar each. 

408:41 Changes in Certificate. Changes in the certificate necessitated 
by changes in the personnel of the principals, officers, directors, or man- 
aging agents of any registrant, may be made at any time upon '^vritten 
application to the commissioner, accompanied by a statement of change 
within five days after such a change is made. Upon the issue of the 
amended certificate the original certificate shall be promptly surrendered 
to the commissioner for cancellation. 



1967] Chapter 272 355 

Registration of Agents and Salesmen 

408:42 Registration Required. No salesman or agent shall in this 
state, in behalf of any insurance corporation authorized to issue variable 
annuity contracts, sell, offer for sale, or invite offers for or inquiries 
about variable annuity contracts unless registered as a salesman or agent 
of such insurance corporation under the provisions of this chapter. As a 
condition to such registration the commissioner can require that a sales- 
man or agent pass a written examination. 

408:43 Application. Upon written application by a registered in- 
surance corporation, accompanied by a registration fee of fifteen dollars 
for each person, the commissioner shall, if he is satisfied that they are 
suitable persons, register, as agents or salesmen of such insurance corpora- 
tion, such persons as the said insurance corporation may request. 

408:44 Form. The application shall be in such form as the commis- 
sioner may prescribe, and shall state the residences and addresses of the 
persons whose registration is requested. 

408:45 Certificate. The commissioner shall issue to each person so 
registered a registration certificate stating his name, residence, and 
address, the name, principal place of business, and the address of the 
registered insurance corporation, and the fact that he is registered as 
agent or salesman of the said corporation. The certificate shall in other 
respects be in such form as the commissioner shall determine, but shall 
state in bold type that the commissioner does not recommend or assume 
any responsibility for variable annuity contracts offered by the registered 
insurance corporation or the said corporation's agents or salesmen. 

408:46 Cancellation of Registrations. Upon application by the reg- 
istered insurance corporation the registration of any agent or salesman 
shall be cancelled. 

Expirations and Renewals 

408:47 Expiration of Registrations. All registrations of life insur- 
ance corporations authorized to issue variable annuity contracts or agents 
shall expire annually on the last day of the month of February. 

408:48 Renewal of Registrations. New registration of any such 
corporations for the succeeding year may be issued as of course without 
the filing of further statements or furnishing any further information, 
unless specifically requested by the commissioner, upon ^vritten applica- 
tion of the said insurance corporation and payment of fifty dollars for 
each registration. 

408:49 Renewal of Agent's Registration. Registration of an agent 
may be renc'ved from year to year, upon the request of the insurance 
corporation authorized to issue variable annuity contracts and the pay- 
ment of fifteen dollars. 



356 Chapter 272 [1967 

Examinations, and Revocation and Suspension Registrations 

408:50 Examination. The commissioner may require an insurance 
corporation authorized to issue variable annuity contracts to file with 
him copies of all variable annuity contract forms which it is at the time 
offering or is about to offer for sale or any other facts he may deem 
pertinent in relation to any of the variable annuity contracts offered or 
to be offered by the registrant; and may require the filing of copies of 
any or all printed or otherwise reduplicated circulars or printed ad- 
vertisements relating to variable annuity contracts which the registrant 
has within six months offered for sale, or shall thereafter offer for sale. 

408:51 Prohibiting Sales. If the commissioner is of the opinion that 
any such variable annuity contract is of such a character that there is a 
serious financial danger to the purchaser in buying it, or that the circu- 
lars and advertisements do not disclose pertinent facts sufficient to enable 
intending purchasers to form a correct judgment of the nature and 
value of the variable annuity contract, he may prohibit the registrant 
from selling or offering the said variable annuity contracts, or in any 
way advertising the same. 

408:52 Qualification of Variable Annuity Contracts. No registered 
insurance corporation or its salesmen or agents shall sell or offer for 
sale any form of variable annuity contract unless the sale of such form 
of contract has been approved by the commissioner. Such a corporation 
desiring to qualify such variable annuity contract form shall submit 
to the commissioner such descriptive statistical, or documentary informa- 
tion as he may require. The commissioner shall after examination of 
such information approve or disapprove the sale of such variable an- 
nuity contract in the said form. A fee of twenty-five dollars shall be 
charged for the examination of material submitted to obtain the quali- 
fication of a new variable annuity contract form. The commissioner may 
prescribe rules and regulations, consistent with the character of variable 
annuities as insurance contracts, to carry out the purposes hereof, in- 
cluding the right to require by regulation that the sales load of such 
contracts, computed over the entire period during which the annuitant 
is to pay premiums in order to derive full benefit of the annuity, shall 
not exceed nine percent of such payments, that not more than one-half 
of any of the first year's scheduled payments is deducted for sales load 
and that the first premium payment will not be less than twenty dollars 
nor any subsequent premium payment will not be less than ten dollars 
and including the right to make all other necessary rules and regula- 
tions consistent with this chapter. 

408:53 Revocation, Insurance Corporation. The commissioner may, 
unless furnished with satisfactory evidence as provided in the preceding 
sections, or in case of violation of any provision of this chapter, or in 



1967] Chapter 272 357 

any case of dishonest, deceitful, or fraudulent conduct on the part of any 
insurance corporation authorized to issue variable annuities in connec- 
tion with the carrying on of the business, revoke such corporation's 
registration, and may, having reasonable cause to believe that such facts 
exist, suspend such corporation's registration until satisfied to the con- 
trary. 

408:54 Effect. The revocation or suspension of the insurance corpora- 
tion's registration shall constitute a revocation or suspension of the registra- 
tion of any of its agents or salesmen. 

408:55 Revocation, Agent, etc. The commissioner may, in case of 
violation of any provision of this chapter, or in case of dishonest, de- 
ceitful, or fraudulent conduct on the part of any agent or salesman in 
connection with the business, revoke such agent's or salesman's registra- 
tion; and may, having reasonable cause to believe that such facts exist, 
suspend the agent's or salesman's registration until satisfied to the 
contrary. 

408:56 Effect of Revocation. In any case of the revocation or sus- 
pension of a registration the insurance corporation, agent or salesman 
shall not be regarded as registered under the provisions of this chapter 
until restored to registration by the commissioner. 

Miscellaneous Provisions 

408:57 Information to Be Furnished. The commissioner shall at any 
time on request, by mail or otherwise, inform any inquirer as to any 
individual, partnership, corporation, or association which is registered 
either as insurance corporation authorized to issue variable annuity 
contracts, agents or salesman. 

408:58 Limitations. No limitations on the authority of the agent of 
any insurance corporation authorized to issue variable annuity contracts, 
not customary in the business, shall be effective to protect the insurance 
corporation from liability to innocent third persons dealing with such 
agent. 

408:59 Possession of Certificate. Any insurance corporation author- 
ized to issue variable annuity contracts and any person named in a 
registration certificate as above provided may, in behalf of any such 
corporation, sell, offer for sale or invite offers for or inquiries about 
variable annuity contracts in this state, but shall at all times when so 
engaged carry with him the registration certificate, or a copy thereof 
certified by the commissioner, which shall at any time be shown to any 
prospective customer upon request, 

408:60 Advertising Registration. No insurance corporation author- 
ized to issue variable annuity contracts, agent or salesman shall advertise 
publicly the fact of his registration, or use such fact or the registration 



358 Chapter 273 [1967 

certificate in connection with any sale or effort to sell variable annuity 
contracts, except by statement of the fact or by exhibiting the certificate 
or a certified copy thereof. 

408:61 Notice of Commissioner's Requirements or Decisions. Notice 
of any requirement or decision of the commissioner shall be sufficient 
if sent by mail addressed to the insurance corporation authorized to 
issue variable annuity contracts, agent or salesman, as the case may be, 
at the address designated in the application for registration. 

Penalties 

408:62 False Statement. Whoever violates any provisions of sections 
28 through 61 of this chapter, or knowingly files with the commissioner 
or furnishes to him any false or misleading statements or information, 
shall be fined not more than three thousand dollars, or imprisoned not 
more than five years, or both. 

408:63 Evidence. Such false or misleading statements or information 
so furnished shall be evidence that any sales of such variable annuity 
contracts made thereafter were made on false representation, in a suit 
to recover damages, on account of loss sustained through the purchase 
thereof. 

-- 272:3 Effective Date. This act shall take effect January 1, 1968. 

[Approved June 27, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 273. 

AN ACT AUTHORIZING THE HILLSBOROUGH COUNTY REGISTER OF PROBATE 
TO DEPUTIZE PERSONS FOR SPECIAL ASSIGNMENTS. 

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

273:1 Appointment of Deputy Registers of Probate for Hillsborough 
County. Amend RSA 548 by inserting after section 14 the following new 
section: 548:14-a Other Deputy Registers. The Hillsborough county 
register of probate may deputize a person for a specific assignment. Such 
deputies shall not be included under RSA 548:19 or RSA 94:1. 

273:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 274 359 

CHAPTER 274. 

AN ACT RELATIVE TO EXCAVATING AND DREDGING IN PUBLIC WATERS. 

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

274:1 Excavating and Dredging in Public Waters. Amend RSA by 

inserting after chapter 488 the following new chapter: 

Chapter 488-A 
Excavating and Dredging in Public Waters 

488-A: 1 Excavating and Dredging. No person, firm, or corporation 
shall excavate, remove, or dredge any bank, flat, marsh, swamp, or lake 
bed that lies belo^\^ the natural mean high water level of any public 
waters of this state, except as provided in this chapter. For the purposes 
of this chapter, public waters are defined as all natural ponds of more 
than ten acres. Upon the request of the owner of land abutting any 
public waters, the water resources board shall determine the natural 
mean high water level of the abutting public water. The provisions of 
this chapter do not apply to any land above the natural mean high water 
level of public waters or to any land below any artificially created high 
water level of any body of water. 

488-A: 2 Grant of Right. The governor and council, upon petition 
and upon the recommendation of the ^vater resources board, may, for 
just consideration, grant to an owner of a shore line on public waters 
the right to excavate, remove, or dredge any bank, flat, marsh, swamp 
or lake bed before his shore line. Every petition to excavate or dredge 
said areas shall be referred to the water resources board, and said board 
after thirty days notice to abutters, and to the selectmen of the town 
or mayor and council of the city in w^hich the property is situate, and 
to the commissioner of fish and game, and to the water pollution com- 
mission, and to the department of public works and highways, and to 
the department of planning and research, and to the division of parks, 
and to the division of public health shall hold a public hearing, at which 
a majority of the members of the water resources board shall be present, 
notice of which shall be published twice in two different weeks, the last 
publication to be seven days before the hearing, in one newspaper of 
general circulation throughout the state and another ne^vspaper of gen- 
eral circulation in the town or city, and notice posted in two public 
places in the town or city and upon appropriate investigation shall make 
its recommendations to the governor and council with regard to such 
petition. If the board recommends that the petition be granted, in whole 
or in part, such recommendation shall include appropriate specifications 
and conditions necessary to the protection of public rights and to the 
protection of the rights and privileges of persons owning land in the 
vicinity of the area to be excavated or dredged by the petitioner. 



360 Chapter 275 [1967 

488-A:3 Penalty. Any person, firm, or corporation who violates any 
provision of this chapter shall be subject to a fine not to exceed one 
thousand dollars and may be compelled to return said land to its original 
condition by the superior court upon a petition brought by the attorney 
general at the request of the water resources board. 

488-A:4 Fees. Any payment received by the state as determined by 
the governor and council under the provisions of this chapter shall be 
paid over to the state treasurer and shall be deposited in the general 
funds of the state. 

488-A:5 Hearing Costs. The petitioner shall make a deposit of fifty 
dollars wdth each petition to pay for the expenses of publication, mail- 
ing, and posting of notices, and for the expenses of hiring a hearing site, 
if a hearing outside of Concord is necessary. If these expenses are more 
than fifty dollars, the board shall require the petitioner to pay the ad- 
ditional expenses before it sends its recommendations to the governor 
and council with regard to the petition. 

274:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 27, 1967.] 
[Effective date June 27, 1967.] 



CHAPTER 275. 

AN ACT RELATIVE TO RATES FOR INMATES OF PUBLIC INSTITUTIONS. 

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

275:1 Rate. Amend RSA 8:44 by striking out said section and in- 
serting in place thereof the following: 

8:44 Regular Rate. 

I. The director of mental health shall determine for any patient or 
inmate of the New Hampshire Hospital: 

(a) a uniform monthly rate to cover the expenses of intensive care, 
treatment, and maintenance; 

(b) a uniform monthly rate to cover the expenses of custodial care, 
treatment, and maintenance. 

n. The director of mental health shall determine a uniform 
monthly rate to cover the expenses of care, treatment, and maintenance 
of any patient or inmate of the Laconia State School. 



1967] Chapter 276 361 

III. The director of public health shall determine and establish a 
monthly rate to be charged to patients of the state sanitorium receiving 
care, treatment, and maintenance at his discretion. 

IV. After any person has been a resident patient or inmate in any 
such institution for ten years, the weekly rate shall in no event be more 
than thirty dollars, excepting patients or inmates who have income from 
social security, retirement, civil service or Veterans Administration in- 
come, trust fund or other income which is sufficient to pay the full rate 
or a higher partial rate. 

275:2 Effective Date. This act shall take effect upon its passage. 
[Approved June 27, 1967.] 
[Effective date June 27, 1967.] 



CHAPTER 276. 

AN ACT TO AUTHORIZE COURTS TO REVOKE MOTOR VEHICLE LICENSES FOR 

CAUSE. 

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

276:1 Motor Vehicle Licenses. Amend RSA 262 by inserting after 
section 44, as inserted by 1965, 274:2, the following new section: 262:45 
Revocation or Suspension by Justice. Any justice of a district or municipal 
court or of the superior court may suspend or revoke any license issued 
to any person, for a period not to exceed seven days, after a conviction of 
a violation under the provisions of this title, after due hearing, for any 
cause which he may deem sufficient. 

276:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 277. 

AN ACT TO PROVIDE BENEFITS FOR MEMBERS OF THE NATIONAL GUARD 
INJURED WHILE ON FEDERAL OR STATE DUTY. 

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

277:1 Injury of Members of Militia. Amend paragraph I of RSA 
110-A:47 as inserted by 1957, 147:1 by striking out the paragraph and 



362 Chapter 278 [1967 

inserting in place thereof the following: I. If any member of the national 
guard who is on duty pursuant to this chapter or on any active or in- 
active duty for training -within or without the state pursuant to the 
laws of the United States, receives a personal injury or an injury as 
defined in RSA 281:2, III, and if the benefits provided by the federal 
government or national guard system as a result of the injury are less 
than the benefits provided by the workmen's compensation law, the 
member shall receive benefits so that the total benefits received under 
the federal and national guard system and the benefits provided by this 
section shall be equal to the benefits which the member would have 
received under the workmen's compensation law% if the injury had oc- 
curred on the last day of the member's regular employment previous 
to reporting for duty with the national guard. 

277:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 278. 

AN ACT RELATIVE TO RESTRICTIONS ON NIGHT AVORK BY FEMALES AND 
^ MINORS. 

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

278:1 Hours of Labor. Amend RSA 275 by inserting after section 17 
Ihe following new section: 275:17-a Special Agreement. By mutual agree- 
ment between employer and employees, the provisions of section 17 rela- 
tive to restrictions on night work for such minors or females may be re- 
laxed provided the agreement is approved by the labor commissioner. 

278:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 279. 

AN ACT RELATIVE TO THE FORM OF BALLOTS FOR BIENNIAL ELECTION'S. 

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

279:1 Number for Office. Amend RSA 59:6 (supp) as amended by 
1963, 105:1 by striking out said section and inserting in place thereof the 



1967] Chapter 280 363 

following: 59:6 Designation of Office. Immediately to the left of each set 
of party columns shall be printed a column in which shall be printed 
the political designation of the office for which the candidates whose 
names are listed in the party columns to the right have been nominated, 
as "For Governor" and the like, and below such political designation 
of each office shall be printed in small but easily legible letters "Vote 
for any (here insert a spelled number designating how many persons are 
to be voted for)". 

279:2 Eliminate Designation of Office. Amend RSA 59:8 by striking 
out in lines Uvo and three thereof the words "shall be printed in the 
regular order the political designation of each office, and beneath each 
designation there", and by inserting in line five thereof after the words 
"elected to" the ^vord (each) so that said section as amended shall read as 
follows: 59:8 Blanks. In the last or right-hand column of each ballot 
there shall be no circle or device, but there shall be left as many blank 
lines, without squares at the end thereof, as there are persons to be elected 
to each such office. 

279:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 280. 

AN ACT RELATIVE TO TOWN ROAD AID. 

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

280:1 Town Road Aid. Amend RSA 241:2 (a) (supp) as amended by 
1957, 273:3 and 1965, 261:1 by striking out in line two the words "one 
million two hundred fifty thousand dollars" and inserting in place 
thereof the words (one million four hundred thousand dollars) so that 
said subsection as amended shall read as follows: (a) Apportionment A. 
The commissioner shall apportion, on the basis of a sum of not less 
than one million four hundred thousand dollars, to each city, town and 
unincorporated place, an amount based on the proportion which the 
mileage of the regularly maintained Class IV and Class V highways in 
that city, town or unincorporated place as of January 1 of the previous 
year, bears to the total mileage of the regularly maintained Class IV 
and Class V highways in the state as of that date. Any city or tOTvn 
issuing bonds or long term notes to accelerate the improvement of its 
Class IV and Class V highways may apply any part of the funds herein 
apportioned, for a period not to exceed five years or with the approval 



364 Chapter 281 [1967 

of the commissioner for a period not to exceed ten years, to aid in the 
retirement of such bonds or notes. 

280:2 Effective Date. This act shall take effect July 1, 1968. 
[Approved June 27, 1967.] 
[Effective date July 1, 1968.] 



CHAPTER 281. 

AN ACT RELATIVE TO PENALTIES FOR DRIVING A MOTOR VEHICLE WITHOUT 
A VALID LICENSE AND FOR MISUSE OF NUMBER PLATES. 

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

281:1 Operating after Revocation; Misuse of Plates. Amend RSA 
262 by inserting after section 27 as amended by 1957, 168:1 the following 
new sections: 262:27-a Operating Without Valid License. Any person 
convicted of operating a motor vehicle in this state without having a 
valid license, excepting those persons whose licenses are under revoca- 
tion or suspension, shall be fined not more than one hundred dollars, 
provided that for the second conviction within the time of one year 
he shall be fined not less than fifty dollars nor more than two hundred 
dollars or imprisoned for not more than six months or both. 

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 imprisoned for not less 
than two days, which may not be suspended, nor more than six months 
and there may be imposed in addition thereto a fine of not more than 
five hundred dollars. 

262:27-c Misuse of Plates. Any person who knowingly attaches or 
permits to be attached to a motor vehicle a number plate assigned by the 
director, or authority of any other jurisdiction, to another vehicle or Avho 
knowingly obscures or permits to be obscured the figures or letters on any 
number plate attached to any motor vehicle or who knowingly and de- 
liberately fails to display on a motor vehicle proper lights, as herein pro- 
vided, or the number plates and the registration number duly issued 
therefor shall be fined not more than one hundred dollars or imprisoned 
for not more than six months, or both. 

281:2 Repeal. RSA 262:27 as amended by 1957, 168:1, relative to 
operating after revocation and misuse of plates, is hereby repealed. 

281:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



1967] Chapter 282 365 

CHAPTER 282. 

AN ACT REQUIRING THE DIVISION OF PUBLIC HEALTH SERVICES TO MAKE 

RECOMMENDATIONS TO THE DIRECTOR OF MOTOR VEHICLES WITH 

REFERENCE TO MEDICAL ASPECTS OF LICENSING, ENFORCEMENT, 

AND ACCIDENT INVESTIGATION. 

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

Court convened: 

282:1 Division of Public Health Services; Duty to Advise Director 
of Motor Vehicles. Amend RSA 125 by inserting after section 9 as amend- 
ed by 1961, 222:1 the following new section: 125:9-a Medical Advice to 
Director of Motor Vehicles. It shall be the duty of the division of public 
health services to recommend to the director of motor vehicles the policies 
and procedures to be followed by the state with respect to all medical 
aspects of licensing drivers, enforcement, including but not limited to 
differentiating between ill and intoxicated drivers, and accident investi- 
gation, including but not limited to examination of the dead for alcohol 
and drugs. 

282:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 283. 

AN ACT RELATING TO THE DEFINITION OF HIGHWAYS. 

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

283:1 Defined. Amend RSA 230:1 by inserting in line seven after 
the words "for twenty years" the words and numbers (prior to January 1, 
1968) so that said section as amended shall read as follows: 230:1 Defined. 
High^vays are only such as are laid out in the mode prescribed therefor by 
statute, or roads which have been constructed for public travel over land 
ivhich has been conveyed to a city or town or to the state by deed of a fee 
or easement interest, or roads which have been dedicated to the public 
use and accepted by the city or town in which such roads are located, or 
roads which have been used as such for public travel, other than travel to 
and from a toll bridge or ferry, for t\v'enty years prior to January 1, 1968, 
and shall include the bridges thereon. 

283:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



366 Chapter 284 [1967 

CHAPTER 284. 

AN ACT EXTENDING UNINSURED OR HIT-AND-RUN MOTOR VEHICLE COVERAGE 

TO INCLUDE MOTOR VEHICLES INSURED BY A COMPANY WHICH IS 

INSOLVENT ON THE DATE OF THE ACCIDENT. 

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

284:1 Form of Policy. Amend RSA 268:15 as amended by 1957, 
305:8 by striking out in lines nine through eighteen the following words 
"No such policy shall be issued or delivered in this state with respect to 
a motor ^'ehicle, trailer or semi-trailer registered in this state unless cover- 
age is provided therein or supplemental thereto in amounts or limits pre- 
scribed for bodily injury or death for a liability policy under this chapter, 
under provisions approved by the insurance commissioner, for the pro- 
tection of persons insured thereunder who are legally entitled to recover 
damages from owners or operators of uninsured motor vehicles, trailers, 
or semi-trailers and hit-and-run motor vehicles, trailers or semi-trailers 
because of bodily injury, sickness or disease, including death resulting 
therefrom." so that said section as amended shall read as follows: 268:15 
Policy, Form. No motor vehicle liability policy, as defined in section 1, 
shall be issued or delivered in the state, until a copy of the form of the 
policy has been on file with the insurance commissioner for at least thirty 
days, unless during said period the insurance commissioner shall have 
approved in writing the form of the policy nor shall such policy be issued 
if the insurance commissioner notifies the insurance company in writing 
that, in his opinion, the form of the policy does not comply with the laws 
of the state. Notification of his approval or disapproval shall be given in 
writing within said period. The insurance commissioner shall approve a 
form of policy which contains the name and address of the insured, a de- 
scription of the motor vehicles and trailers or semi-trailers covered, with 
the premium charges therefor, the policy period, the limits of liability as 
between the insured and the insurance company, and an agreement that 
insurance is provided in accordance with and subject to the provisions of 
this chapter. The policy may provide that the insured, or any other per- 
son covered by the policy shall reimburse the insurance carrier for pay- 
ment made on account of any loss or damage claim or suit involving a 
breach of the terms, provisions or conditions of the policy; and further, if 
the policy shall provide for limits in excess of the limits specified in this 
chapter, the insurance carrier may plead against any plaintiff, with respect 
to the amount of such excess limits of liability, any defenses which it may 
be entitled to plead against the insured, and any such policy may further 
provide for the prorating of the insurance thereunder with other appli- 
cable valid and collectible insurance. 

284:2 Uninsured or Hit-and-Run Motor Vehicle Coverage Extended. 



1967] Chapter 284 367 

Amend RSA 268 by inserting after section 15 as amended by 1957, 305:8 
the following new section: 

268:15-a Uninsured or Hit-and-Run Motor Vehicle Coverage. 

I. No policy shall be issued or delivered in this state, under the pro- 
visions of section 15, with respect to a motor vehicle, trailer or semi- 
trailer registered in this state unless coverage is provided therein or sup- 
plemental thereto in amounts or limits prescribed for bodily injury or 
death for a liability policy under this chapter, under provisions approved 
by the insurance commissioner, for the protection of persons insured 
thereunder who are legally entitled to recover damages from owners or 
operators of uninsured motor vehicles, trailers, or semi-trailers and hit- 
and-run motor vehicles, trailers or semi-trailers because of bodily injury, 
sickness or disease, including death resulting therefrom. 

II. For the purpose of this coverage the term "uninsured motor ve- 
hicle" shall, subject to the terms and conditions of such coverage, be ex- 
tended to and include an insured motor vehicle where the liability insurer 
thereof is unable to make payment with respect to the legal liability of its 
insured -^vithin the limits specified therein because of insolvency. 

III. An insurer's extension of coverage, as provided in paragraph II, 
shall be applicable only to accidents occurring during a policy period in 
which its insured's uninsured motor vehicle coverage is in effect and 
where the liability insurer of the tort-feasor has been declared to be in- 
solvent by a court of competent jurisdiction as of the accident date, or has 
been declared to be insolvent by a court of competent jurisdiction within 
one year after the accident date. Nothing herein contained shall be con- 
strued to prevent any insurer from extending coverage under terms and 
conditions more favorable to its insureds than is provided hereunder. 

IV. In the event of payment to any person under the coverage re- 
quired by this section and subject to the terms and conditions of such 
coverage, the insurer making such payment shall, to the extent thereof, be 
entitled to the proceeds of any settlement or judgment resulting from the 
exercise of any rights of recovery of such person against any person or 
organization legally responsible for the bodily injury for which such pay- 
ment is made, including the proceeds recoverable from the assets of the 
insolvent insurer; provided, however, with respect to payments made by 
reason of the extension of coverage described in paragraphs II and III, 
the insurer making such payment shall not be entitled to any right of 
recovery against such tort-feasor in excess of the proceeds recovered from 
the assets of the insolvent insurer of said tort-feasor. 

284:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



368 Chapter 285 [1967 

CHAPTER 285. 

AN ACT RELATIVE TO SAVINGS BANK INVESTMENTS IN BUILDINGS SUBJECT 
TO THE UNIT OWNERSHIP ACT. 

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

285:1 Investments of Savings Banks. Amend RSA 387:4 by inserting 
after paragraph VI as amended by 1955, 214:14 the following new para- 
graph: VII. Buildings and Units Thereof Subject to Unit Ownership Act. 
Buildings or units thereof, as defined in RSA 479-A, situated on land 
leased of another for a term of not less than thirty years shall be construed 
to be real estate for the purposes of paragraph I. 

285:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 286. 

_^ AN ACT RELATIVE TO STATE AID FOR CLASS V HIGHWAYS IN TOWNS. 

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

286:1 Town Road Aid. Amend RSA 241:11 (supp) as amended by 
1955, 311:3, 1959, 244:1 and 1965, 247:1 by striking out in lines nine and 
twelve the words "two hundred fifty thousand dollars" and inserting in 
place thereof the words (three hundred thousand dollars) so that said sec- 
tion as amended shall read as follows: 241:11 Maintenance Allotment by 
State. In addition to any funds hereinbefore apportioned for construction 
and reconstruction purposes the commissioner, in the month of July in 
each year, shall allot to each town a sum sufficient, when added to the 
amount which would be derived by a tax of eleven cents on each one hun- 
dred dollars of the town's last equalized valuation, to equal one hundred 
seventeen dollars for each mile of regularly maintained class V high^vay 
in such towns, except that for any year in which the total allocated to the 
to^vns under this formula shall be less than three hundred thousand dol- 
lars, the commissioner shall use such other figure in place of the one 
hundred seventeen dollars for each mile of regularly maintained class V 
highway as may be necessary to make the total allotment not less than 
three hundred thousand dollars. The sums so allotted shall be used for 
the care and maintenance of class V highways and for no other purpose, 
under the supervision of the commissioner, and shall be expended in ac- 



1967] Chapter 287 369 

cordance with specifications provided by the commissioner under the 
direction of a person or persons appointed by the selectmen of the town. 

286:2 Effective Date. This act shall take effect July 1, 1968. 
[Approved June 27, 1967.] 
[Effective date July 1, 1968.] 



CHAPTER 287. 

AN ACT TO PROVIDE FOR A STUDY OF THE EDUCATIONAL SYSTEM OF THE 
STATE, TO INCLUDE STATE AID TO SCHOOL DISTRICTS. 

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

287:1 Education Study Commission. An educational organization 
study commission of seven members is established to examine, evaluate, 
and make recommendations relating to the educational system of school 
supervisory unions, cooperative districts, area school systems, and other 
educational organizations created in 1919 and the changes made since 
that date. The commission shall be appointed as follows: two members 
of the house of representatives by the speaker of the house; one member 
of the senate by the president of the senate; and four by the governor. 
The members are not entitled to any salary, but are entitled to reim- 
bursement for actual expenses incurred in the performance of their duties 
under this act. 

287:2 Duties. The commission shall study, among other things: (1) 
All programs of state aid, with particular reference to building aid and 
foundational aid, but not limited to those two; (2) the organization of 
school districts into supervisory unions; (3) the functions of the super- 
visory unions and the duties of the superintendent and their assistants; 
(4) the methods by which school districts are combined into cooperative 
school districts or area schools; (5) the arrangement and functioning of 
the educational system governing grades one through twelve; and (6) 
changes which will work toward better and more satisfactory functioning 
of our public school system. 

287:3 Report and Recommendations. The commission shall report 
to the 1969 assembly of the general court. If it recommends any changes 
in the statutes governing the educational system, it shall make any re- 
quests for drafting to the office of legislative services by October 1, 1968. 

287:4 Appropriations. The sum of three hundred dollars is appro- 
priated 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 
otherwise appropriated. 



370 Chapter 288 [1967 

287:5 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 288. 

AN ACT EXTENDING THE POWERS OF THE COORDINATING BOARD OF AD- 
VANCED EDUCATION AND ACCREDITATION. 

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

288:1 Coordinating Board. Amend RSA 186:13-a, as inserted by 1963, 
303:16, 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 advanced education and accredita- 
tion of nine members shall be established with the following membership: 
The commissioner of education, president of the university of New Hamp- 
shire, president of Keene state college, president of Plymouth state col- 
lege, chairman of the state board of education or his delegated representa- 
tiver^ex officio, and four members to be appointed by the governor, with 
the consent of the council, one of these four appointive members shall 
be an educator selected from one of the private institutions of higher 
learning in New Hampshire. Appointive members of this board shall be 
appointed for five years each. Of the original appointments t"^vo members 
shall be appointed for three years each and the remaining two shall be 
appointed for the full five-year term. Thereafter each appointive mem- 
ber shall have a five-year term. Vacancies shall be filled for unexpired 
terms only. The board is hereby authorized to employ such staff as may 
be necessary to carry on its work, within the limits of its appropriation. 
The members of the board, except the ex officio members and any com- 
mittee of evaluation established by them, shall serve without compensa- 
tion 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 work 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 
appropriate 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 



1967] Chapter 289 371 

authority to grant degi'ees 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 classification 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 recognized regional or national accrediting association. 

288:2 Application for Establishment. Amend RSA 292:8-f as in- 
serted by 1965, 44:1 by striking out the words "Such application shall be 
made at least four months prior to the legislative session," in lines four 
and five so that said section as amended shall read: 292:8-f. Submission of 
Plans. Any person desiring to establish an institution of higher learning 
shall submit to the board, at the time approval is requested for its articles 
of incorporation, its plans which shall be evaluated by the board prior to 
granting its certificate. Such evaluation shall include among other things 
the adequacy of the buildings or proposed buildings, instructional fa- 
cilities and provisions for safety and well-being of its students, the quali- 
fications of the faculty; the character of the program of studies and the 
adequacy of financial resources. 

288:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 289. 

AN ACT ADOPTING THE UNIFORM ACT ON STATUS OF CONVICTED PERSONS. 

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

289:1 Status of Convicted Persons. Amend RSA by inserting after 
chapter 607 the following new chapter: 

Chapter 607-A 

Uniform Act on Status of Convicted Persons 

607-A: 1 Definition. In this chapter, "felony" means: 

I. A crime committed against the laws of this state or of the federal 
government for which a sentence of death or imprisonment in the state 
prison or a federal prison or penitentiary; or 



372 Chapter 289 [1967 

II. A crime committed against the laws of another state for "^vhich a 
sentence of death or imprisonment in a prison or penitentiary is imposed, 
if the act would permit a sentence of death or imprisonment in the state 
prison in this state had it been committed in this state. 

607-A:2 Rights Lost. 

I. A person sentenced for a felony, from the time of his sentence un- 
til his final discharge, may not: 

(a) vote in an election, but if execution of sentence is suspended 
Avith or without the defendant being placed on probation or he is paroled 
after commitment to imprisonment, he may vote during the period of 
the suspension or parole; or 

(b) become a candidate for or hold public office. 

II. A public office held at the time of sentence is forfeited as of the 
date of the sentence if the sentence is in this state, or, if the sentence is 
in another state or in a federal court, as of the date a certification of the 
sentence, from the sentencing court is filed in the office of secretary of 
state Avho shall receive and file it as a public document. An appeal or other 
proceeding taken to set aside or otherwise nullify the conviction or sen- 
tence does not affect the application of this section, but if the conviction 
is reversed the defendant shall be restored to any public office forfeited 
under this chapter from the time of the reversal and shall be entitled to 
the emoluments thereof from the time of the forfeiture. 

607- A: 3 Rights Retained by Con^dcted Person. Except as otherwise 
provided by this chapter or by the constitution of this state, a person con- 
victed of a crime does not suffer civil death or corruption of blood or 
sustain loss of civil rights or forfeiture of estate or property, but retains 
all of his rights, political, personal, civil, and otherwise, including the 
right to hold public office or employment, to vote, to hold, receive, and 
transfer property, to enter into contracts, to sue and be sued, and to hold 
offices of private trust in accordance with law. 

607-A:4 Savings Provisions. 

I. This chapter does not affect the power of a court, otherwise given 
by law to impose sentence or to suspend imposition or execution of sen- 
tence on any conditions, or to impose conditions of probation, or the 
power of the state board of parole to impose conditions of parole. 

II. This chapter does not deprive or restrict the authority and 
powers of officials of a penal institution or other penal facility, othenvise 
provided by la'^v, for the administration of the institution or facility or 
for the control of the conduct and conditions of confinement of a con- 
victed person in their custody. 



1967] Chapter 289 373 

III. This chapter does not affect the qualifications or disqualifica- 
tions otherwise required or imposed by law for a designated office, public 
or private, or to serve as a juror or to vote or for any designated profession, 
trust, or position, or for any designated license or privilege conferred by 
public authority. 

IV. This chapter does not affect the rights of others arising out of 
the conviction or out of the conduct on which the conviction is based and 
not dependent upon the doctrines of civil death, the loss of civil rights, 
the forfeiture of estate, or corruption of blood. 

V. This chapter does not affect laws governing rights of inheritance 
of a murderer from his victim. 

607- A:5 Certificate of Discharge. 

I. If the sentence was in this state, the order, certificate, or other in- 
strument of discharge, given to a person sentenced for a felony upon his 
discharge after completion of service of his sentence or after service under 
probation or parole, shall state that the defendant's rights to vote and to 
hold any future public office, of which he was deprived by this chapter 
are thereby restored and that he suffers no other disability by virtue of his 
conviction and sentence except as otherwise provided by this chapter. 
A copy of the order or other instrument of discharge shall be filed with 
the clerk of the court of conviction. 

II. If the sentence was in another state or in a federal court and the 
convicted person has similarly been discharged by the appropriate au- 
thorities, the governor, of this state, upon application and proof of the 
discharge in such form as the governor, may require, shall issue a certifi- 
cate stating that such rights have been restored to him under the laws of 
this state. 

III. If another state having a similar act issues its certificate of dis- 
charge to a convicted person stating that the defendant's rights have been 
restored, the rights of which he was deprived in this state under this chap- 
ter are restored to him in this state. 

607-A:6 Uniformity of Interpretation. This chapter shall be so 
construed as to effectuate its general purpose to make uniform the law of 
those states which enact it. 

607-A:7 Short Title. This chapter may be cited as the Uniform Act 
on Status of Convicted Persons. 

607-A:8 Severability. If any provision of this chapter or the applica- 
tion 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 provisions of the chapter are severable. 



374 Chapter 290 [1967 

289:2 Repeal. RSA 607:8, relative to the civil effect of conviction of 
an offense punishable by death, is hereby repealed. 

289:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 290. 

AN ACT TO PREVENT THE UNAUTHORIZED PRACTICE OF LAW. 

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

290:1 Unauthorized Practice of Law. Amend RSA 311 by inserting 
after section 7 the following new subdivision: 

Unauthorized Practice of Law 

311:7-a Petition for Injunction. I. Upon his own information or 
upon complaint of any person, including any judge or any organized bar 
association in this state, the attorney general may maintain an action for 
injunctive relief in the supreme or superior court against any person who 
renders, offers to render, or holds himself out as rendering any service 
which constitutes the unauthorized practice of the law. Any organized 
bar association in this state may intervene in the action, at any stage of 
the proceeding, for good cause shown. II. The action may also be main- 
tained by the bar association of the state of New Hampshire. 

31I:7-b Investigation by Attorney General. I. The attorney general 
may investigate any complaint of unauthorized practice of the law and 
the attorney general, or a deputy attorney general or an assistant attorney 
general, designated by him may subpoena witnesses, compel their attend- 
ance, examine them under oath, and require the production of any rel- 
evant documentary evidence. 

II. The laAvs relating to the attendance of witnesses in civil actions 
and the payment of their fees and expenses to those witnesses shall apply 
to investigations made by the attorney general hereunder. 

III. If a person fails or refuses to obey a subpoena or to testify as 
to any material matter regarding which he may be interrogated, the su- 
perior court, upon application by the attorney general, may issue to the 
person an order requiring him to appear before the attorney general, or 
a deputy attorney general or an assistant attorney general designated by 
him, to produce documentary evidence, or testify. Failure to obey the 
order of the court may be punished by the court as a contempt of court. 



1967] Chapter 291 375 

IV. When requested public officers, their assistants, clerks or em- 
ployees, shall furnish to the attorney general, his deputy or an assistant 
attorney general designated by him all information and assistance. 

V. Investigations under this section shall be confidential. Any person 
participating in the investigation who, except as required in the discharge 
of his official duties, discloses to any person other than to a person under 
investigation, the name of any person under investigation or any witness 
examined, or any other information obtained in the investigation is 
guilty of a misdemeanor. 

VI. Every person, whose conduct is investigated under this section 
shall be furnished with a written specification of the issues which are to 
be considered, and shall be given an opportunity to present evidence and 
be heard upon the specified issues. 

311:7-c Remedies and Procedures Additional to Those Now Existing. 

The remedies and procedures provided in this subdivision are in addition 
to and not in substitution for other available remedies and procedures. 

311:7-d Definition. The word "Person" as used in this subdivision 
means an individual, corporation, partnership or association. 

311:7-6 Short Title. This subdivision may be cited as the Model Act 
Providing Remedies for the Unauthorized Practice of Law. 

311:7-f Severability. If any provision of this subdivision or the ap- 
plication thereof to any person or circumstances is held invalid, such in- 
validity shall not affect other provisions or applications hereof which can 
be given effect without the invalid provision or application, and to this 
end the provisions of this subdivision are severable. 

290:2 Repeal. RSA 311:9, relating to the unauthorized practice of 
law and RSA 311:12, relating to restraint of violations, are hereby repealed. 

290:3 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 291. 

AN ACT RELATIVE TO MANNER OF SERVING TERMS OF IMPRISONMENT. 

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

291:1 Broadening of Sentencing Powers of Judges. Amend RSA 607 
by inserting after section 14 the following new subdivision: 



376 Chapter 291 [1967 

Discretionary Sentences 

607:14-a Release for Purpose of Gainful Employment or Rehabilita- 
tion. Any person who has been committed to a penal institution other 
than state prison under a criminal sentence may be released there- 
from by the sentencing court at the time of sentence or at any time during 
the term of sentence, for the purpose of obtaining and working at gainful 
employment or for such otlier purpose as the court may deem conducive 
to his rehabilitation, for such times or intervals of time and under such 
terms and conditions as the court may order. Any part of a day spent in 
the free community under such a release order shall be counted as a full 
day toward the serving of the sentence unless otherwise provided by the 
court. If a person violates the terms and conditions laid down for his 
conduct, custody and employment, he shall be returned to the sentencing 
court. The court may then require that the balance of the person's sen- 
tence be spent in actual confinement and may cancel any earned reduc- 
tion of his term. 

607:14-b Incarceration Under Suspended Sentence. Any person who 
has been given a sentence in a criminal case may, at the time of sentence 
or at any time while any part thereof remains unserved, be required to 
report to the institution to which he has been sentenced to be incarcerated 
during weekends or at such times or intervals of time as the court may 
direct. Time so spent in said institution shall be deducted from the term 
of the sentence. Any part of a day spent in the institution shall count as 
a full day toward the sentence. In no event shall the number of days con- 
finement exceed the number of days in the original sentence. 

607:14-c Terms on Revocation of Suspended Sentence. Upon revoca- 
tion of any suspended sentence the court may order that the defendant 
serve such sentence in full or in such parts and at such times as is deemed 
best, may further suspend any part not ordered to be served upon such 
terms and conditions as the court may order and may place the defendant 
on probation during the time any portion of the sentence remains sus- 
pended. 

607:14-d Jurisdiction Over and Disposition of Wages and Income. 
In any criminal case, in addition to such other terms and conditions as may 
be imposed by the court, a defendant who has received a suspended sen- 
tence or who has been released under section 14-a may be required by 
the court to surrender to the probation department or other agency desig- 
nated by the court all or part of his wages or other income, less standard 
payroll deduction required by law, earned during the time he is not con- 
fined under the sentence. The court may direct that after deducting there- 
from the cost of his maintenance while not confined the balance be ap- 
plied as needed for the support and maintenance of his dependents and 
that any balance after such application be deposited in a savings account 
to be released to him or applied as needed for the support of his depend- 



1967] Chapter 291 377 

ents as the court may order before the expiration of his sentence. Upon 
expiration of his sentence the balance remaining shall be paid to him 
or his order. 

607:14-e Change of Place of Confinement. The court for good cause 
may at any time before the expiration of an original sentence change the 
place of confinement to any other institution to which the defendant 
could have been committed under that sentence. 

607:14-f Failure to Report Deemed Escape. Any person released 
under section 14-a or ordered confined under section 14-b or 14-c who 
wilfully fails to report for confinement as ordered shall be deemed to have 
escaped from the institution to which he has been sentenced and upon 
conviction shall be subject to the punishment provided for escape there- 
from. 

607:14-g Release from State Prison. The warden may release any 
person who has been committed to the New Hampshire state prison at any 
time during the term of sentence for the purpose of obtaining and working 
at gainful employment or for such other purpose as may be deemed con- 
ductive to his rehabilitation, for such times or intervals of time and 
under such terms and conditions as may be prescribed by the New Hamp- 
shire state board of parole and the warden, provided, however, that a 
prisoner who has not served sufficient time to be eligible for parole may 
be released under this section only if the sentencing court has been noti- 
fied of the proposed release and has not objected within ten days of re- 
ceipt of such notice. The warden may permit inmates of the New Hamp- 
shire state prison, who volunteer to do so, to be gainfully employed 
outside the institution when such employment is considered in their best 
interest and the best interest of the state. Inmates may be so employed for 
the state or for public or private employers. The rates of pay and other 
conditions of employment of a person released for work shall be the same as 
those paid or required in the locality in which the work is performed. An 
inmate so employed shall surrender to the warden his total earnings less 
payroll deductions authorized by law, including income taxes. After de- 
ducting from the earnings of each person an amount determined to be 
the cost of the person's keep, the warden shall: (1) allow the person to 
draw from the balance a sufficient sum to cover his incidental expenses; 
(2) credit to his account such amount as seems necessary to accumulate 
a reasonable sum to be paid to him on his release; (3) cause to be paid 
such part of any additional balance as is needed for the support of the 
person's dependents and notify the overseer of public welfare of the town, 
in which the person's dependents reside, of such support payments; (4) 
pay the balance to the person when he is released. Any part of a day a 
prisoner is employed outside the walls of the institution shall count as a 
full day toward the serving of his sentence as though served inside the 
walls. An inmate so employed outside shall be subject to the rules and 



378 Chapter 292 [1967 

regulations of the institution and be under the direction and control of 
the officers thereof. If he escapes or fails to return inside the walls of the 
institution as required by the rules or the orders of the officers thereof, 
he shall be punished as provided by RSA 622:13. The warden of the New 
Hampshire state prison may at any time recall a prisoner from such 
release status if he believes or has reason to believe the peace, safety, wel- 
fare, or security of the community may be endangered by the prisoner 
being under such release status. Any such prisoner recalled under this 
provision shall be presented to the next regularly scheduled meeting of 
the Ne^v Hampshire state board of parole for its further consideration. A 
prisoner authorized to work at paid employment in the community under 
this section may be required to pay, and the warden is authorized to col- 
lect, such cost incident to the prisoner's confinement as the New Hamp- 
shire state board of parole deems appropriate and reasonable. Such col- 
lections shall be deposited with the state treasurer as a part of the general 
revenue of the state. 

291:2 EfiEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 27, 1967.] 
[Effective date August 26, 1967.] 



CHAPTER 292. 



AN ACT PROHIBITING THE TRANSFER OF ANY APPROPRIATIONS FOR 
EQUIPMENT TO OTHER USES. 

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

292:1 Equipment Appropriations. Amend RSA 9 by inserting after 
section 17 the following new section: 9:17-a Limitation. Notwithstanding 
the provisions of sections 16 and 17 no transfers shall be made from ap- 
propriation items for equipment to other uses or purposes. The provisions 
of this section shall apply to equipment items in general appropriations, 
capital budget appropriations and in any other special appropriations. 

292:2 Effective Date. This act shall take effect July 1, 1967. 
[Approved June 30, 1967.] 
[Effective date July 1, 1967.] 



1967] Chapter 293 379 

CHAPTER 293. 

AN ACT PROHIBITING THE EMPLOYMENT AT RACE TRACKS OF PERSONS WHO 
HAVE BEEN CONVICTED OF VIOLATING GAMBLING LAWS. 

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

293:1 Horse Race Meets. Amend RSA 284 by inserting after section 
19 the following new section: 284:19-a Prohibition. No person, associa- 
tion, or corporation shall knowingly employ in any capacity at race tracks 
under the jurisdiction of the commission any person who has been con- 
victed of violating any state or federal law relative to gambling within a 
period of ten years prior to the application for employment. Any person, 
association, or corporation who knowingly violates any of the provisions 
of this section shall be fined not more than one thousand dollars or im- 
prisoned for not more than six months, or both. 

293:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 294. 

AN ACT RELATIVE TO DOGS AS A MENACE. 

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

294:1 Dogs Causing a Nuisance. Amend RSA 466:31 (supp) as 
amended by 1957, 148:1 by striking out said section and inserting in place 
thereof the following: 

466:31 Dogs as a Menace. 

I. Any person who considers a dog to be causing a nuisance or to be 
a menace to persons or property may make complaint to any law enforce- 
ment officer or to the selectmen of the town in which such dog is kept, 
and such officers shall, within three days after the receipt of such com- 
plaint, investigate the case, and, if the complaint is sustained, shall forth- 
with order the o^vner or keeper of such dog to abate the nuisance. Service 
of such order shall be made upon the owner or keeper of such dog by 
causing a certified copy of such order to be delivered to him. Any o^vner 
or keeper upon whom notice of such order has been served, may, within 
ten days thereafter, bring a petition in the municipal or district court 
for the tow n or city, as the case may be, praying that the order be reviewed 



380 Chapter 295 [1967 

by the court. After notice to the investigating officers, and upon hearing, 
the court shall affirm, modify or dismiss such order, as justice may re- 
quire. During the pendency of such action and the order of the justice 
of the court, the o^vner or keeper of such dog shall restrain such dog from 
running at large. Any person who neglects to restrain such dog from run- 
ning at large, in compliance with orders hereunder shall be fined not 
more than twenty-five dollars, the dog taken into custody by the police of 
the city or constable of the town and such disposition made of the dog as 
the court may order. 

II. Under this section, a dog is causing a nuisance or is a menace to 
persons or property under any of the following conditions: (a) if it barks 
continuously for sustained periods of time: (b) while it runs at large on 
the streets or on property other than its owner's, it turns over garbage cans 
or \vaste containers, or otherwise causes garbage or waste to be scattered 
in yards or on streets or sidewalks; (c) while it runs at large it barks at 
or snaps at or runs after persons walking on sidewalks or streets, or at 
persons riding bicycles on sidewalks or streets; (d) while it runs at large 
it barks at or runs after motor vehicles being driven along the streets; (e) 
while it runs at large it gathers in packs with other dogs and runs with the 
pack after game, domestic animals, or human beings; (f) while running 
at large it digs or scratches in gardens or around cultivated areas, so as 
to uproot or destroy the growing plants, shrubs, or trees; (g) while in 
heat is unconfined. 

294:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 295. 

AN ACT CHANGING THE TERM OF IMPRISONMENT FOR CONDITIONAL SEN- 
TENCES AND REPEALING THE COMMITTAL PROVISION OF 
CONDITIONAL SENTENCES. 

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

295:1 Term of Imprisonment Changed. Amend RSA 607:16 by 
striking out the words "dollar and the fraction of a dollar" in lines two 
and three and inserting in place thereof the words (five dollars) so that 
said section as amended shall read as follows: 607:16 Term. Whenever a 
person is so conditionally sentenced the term of imprisonment shall not 
be less than one day for each five dollars of the fine and cost. 



1967] Chapter 296 381 

295:2 Term of Imprisonment Changed. Amend RSA 618:8 by strik- 
ing out the words "one dollar" in line four and inserting in place thereof 
the words (five dollars) so that said section as amended shall read as fol- 
lows: 618:8 At End of Term, or on Payment of Balance. Any person 
sentenced conditionally to pay a fine or to be imprisoned for a term shall 
be discharged at the expiration of the term, and may be discharged at any 
time on payment of the balance of the fine, after deducting five dollars 
for each day he has been imprisoned under the sentence. 

295:3 Term of Imprisonment Changed. Amend RSA 618:9 as amend- 
ed by 1957, 244:43, by striking out the words "to the number of dollars 
and the fraction of a dollar" in lines five and six and inserting in place 
thereof the following (one day for each five dollars) so that said section 
as amended shall read as follows: 618:9 Committal for Non-Payment, 
Term. Whenever a person is committed to jail or to a house of correction 
in default of payment of a fine imposed by a justice of a municipal court 
he shall be discharged from custody by the keeper thereof, at the expira- 
tion of a number of days after the date of his commitment equal to one 
day for each five dollars of the fine so imposed. The keeper shall keep a 
record of all discharges made under the provisions of this section. 

295:4 Repeal. RSA 607:17, relating to committal of a person against 
whom a conditional sentence is awarded, is hereby repealed. 

295:5 EflEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 296. 

AN ACT RELATIVE TO THE GRANTING OF DEGREES AND THE ACCREDITATION 
OF SPECIFIC COURSES OFFERED BY COMMUNITY COLLEGES. 

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

296:1 Powers Increased. Amend RSA 292-A:4, 1 as inserted by 1961, 
155:1 by striking out said paragraph and inserting in place thereof the 
following: I. Limitations and PoAvers. A community college may grant 
academic degrees with specific approval of the legislature upon recom- 
mendation of the coordinating board of advanced education and accredi- 
tation. Prior to approval of the power to grant degrees certain individual 
courses offered by community colleges shall be designated as of equal 
grade with like courses offered by an accredited college. If any such course 
is submitted to the coordinating board for such designation the board 



382 Chapter 297 [1967 

shall act forth^vith on the application. If it finds that said course is taught 
by a qualified instructor, that the subject matter is at a college level, and 
that sufficient library and laboratory facilities for the particular course 
are available, it shall so designate it and recommend to all institutions 
in the state that the course so designated shall receive the same considera- 
tion for transfer credit as is given to a course taken at any established col- 
lege authorized to grant degrees and that the state board of education 
accept this course as meeting the certification requirements of the state. 
Each course presented for approval in each semester shall be evaluated 
in accordance with the above standards and must be reevaluated each 
time the course is given for credit. 

296:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 297. 

AN ACT TO BAR PUBLIC OFFICER OR EMPLOYEE FROM BENEFITING FROM IN- 
SURANCE CONTRACTS ISSUED ON CONSTRUCTION PAID FOR BY PUBLIC FUNDS. 

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

297:1 Personallnterest in Business Transactions with Public. Amend 

RSA 95 by inserting after section 1 a new section as follows: 95:I-a Public 
Officials Barred From Insurance Dealings. With respect to any public 
^vorks or construction contracts of any type that are paid for by public 
funds of the state or by any of its political subdivisions, or of any public 
authority, it is unlawful for any officer or employee of the state, or of any 
of its political subdivisions, or of any public authority, either directly 
or indirectly to require the builder or the bidder to make application 
to or to get any surety bond or contract of insurance specified in the 
building or construction contract from a particular surety or insurance 
company, agent, or broker. It is unlawful for any officer or employee of 
the state, of any of its political subdivisions, or of any public authority, 
or for any person who purports to act for such an officer or employee to 
negotiate, make application for, or to get any such a surety bond or con- 
tract of insurance which can be obtained by the builder, bidder, con- 
tractor, or sub-contractor on the building or construction contract. This 
section does not prevent any such an officer or employee of the state from 
exercising the state's right to approve the form, sufficiency, or manner of 
execution of the surety bonds or contracts of insurance furnished by the 
surety or insurance company selected by the bidder to underwrite surety 
bonds or insurance contracts. 



1967] Chapter 298 383 

297:2 Application of Statutes. Amend RSA 95:2 by striking out the 
words "the foregoing section" and inserting in place thereof the words 
(this chapter) so that said section as amended shall read as follows: 95:2 
Penalty. Anyone violating the provisions of this chapter shall be fmed 
not more than five thousand dollars, and upon conviction there shall 
automatically be a vacancy in the office held by the person convicted which 
shall be filled as otherwise provided by law. 

297:3 EfEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 298. 

AN ACT RELATING TO THE TAKING BY THE STATE OF LAND RESTRICTED TO 
CONSERVATION OR RECREATION USE. 

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

298:1 State Acquisition of Certain Municipal Land. Amend RSA 4 
by inserting after section 30 the following new section: 4:30-a Acquisi- 
tion of Municipal Land Used for Conservation or Recreation. If the 

state proposes to acquire any municipal land, under the provisions of 
RSA 4:29, 4:30, 233, 236, or of any other applicable section of RSA, for 
highway or other purposes, and such land had been used by said munici- 
pality for conservation or recreation, it shall first comply with the follow- 
ing requirements: 

L A public hearing shall be held which may be a special hearing 
or the hearing required by RSA 4:33, 233:10, 236, or by any other ap- 
plicable section of RSA. At such public hearing and in any statutorily 
required notice thereof, and in a notice which shall be posted ninety clays 
prior to the hearing, the state shall set forth the description of the land 
proposed to be acquired and the proposed use of such land, together with 
any reasons justifying the acquisition of such property rather than other 
land. The state may acquire such land, for high^vay or other purposes, 
unless, at any meeting called prior to said hearing to act on the question, 
the governing body of the municipality in Avhich the land is located, by 
a majority of its members present and voting, votes to disapprove the 
proposed acquisition. Any approval or disapproval of such proposed ac- 
quisition which has been duly voted by the governing body of the mu- 
nicipality shall be certified to the appropriate state official or agency by 
the municipal officials at the public hearing or within fifteen days there- 
after. 



384 Chapter 299 [1967 

II. In the event that the governing body votes to disapprove the 
proposed acquisition, the state may acquire such land only by filing a 
petition in the superior court for any order permitting it to do so. At the 
time the petition is filed, the state shall serve a copy thereof upon the 
municipality. After hearing any interested citizens and considering all 
the facts and the public policy of this state which encourages the use of 
land for recreation and conservation purposes, if said court finds that no 
other land is available as a satisfactory substitute for the land proposed 
to be taken, it shall issue an appropriate order. 

III. When the state acquires any municipal land under the provi- 
sions of this section, it shall transfer to said municipality other compa- 
rable land and facilities to the extent feasible, or shall grant to said mu- 
nicipality sufficient funds to acquire comparable land and facilities for 
such purposes. The fact that the land and facilities are comparable with- 
in the meaning of this paragraph shall be determined by the order of the 
court or by the state agency acquiring the land, subject to any applicable 
statutory right of appeal therefrom. 

298:2 EflEective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[EfEective date August 29, 1967.] 



CHAPTER 299. 

AN ACT RELATIVE TO SALARIES OF GRAFTON COUNTY COMMISSIONERS. 

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

299:1 Grafton 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, and 262:1 by striking out the 
words "In Grafton, eighteen hundred dollars" and inserting in place 
thereof the words (In Grafton, twenty-one hundred fifty dollars) so that 
said section as amended shall read as follows: 28:28 Commissioners. The 
annual salary of each commissioner of the following counties shall be as 
follows, payable monthly by the county: 

In Rockingham, three thousand dollars. 

In Strafford, fifteen hundred dollars. 

In Belknap, fifteen hundred dollars. 

In Carroll, eighteen hundred dollars. 

In Merrimack, two thousand dollars. 

In Hillsborough, forty-five hundred dollars. 



1967] Chapter 300 385 

In Cheshire, two thousand dollars. 

In Sullivan, eighteen hundred dollars. 

In Grafton, twenty-one hundred fifty dollars. 

In Coos, two thousand dollars. 

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

299:2 Effective Date. This act shall take effect January I, 1967. 
[Approved June 30, 1967.] 
[Effective date January 1, 1967.] 



CHAPTER 300. 

AN ACT RELATIVE TO THE INSTALLATION OF MUNICIPAL SEWAGE DISPOSAL 

FACILITIES AND RELATIVE TO CONDEMNATION AUTHORITY' 

FOR SEWERAGE CONSTRUCTION. 

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

300:1 Sewage Disposal Facilities. Amend RSA 148 by inserting after 
section 23 the following new section: 148:23-a Power to Require the In- 
stallation of Sewage Disposal Facilities. The water supply and pollution 
control commission is hereby empowered to investigate the conditions 
and methods relating to the disposal of sewage in any municipality, as 
set forth in RSA 149-B:1 and to require the installation of public sewers, 
as defined in RSA 147:8 whenever such investigation demonstrates that 
individual sewage disposal systems are inadequate or incapable of pro- 
tecting the health and welfare of the citizens of the affected municipality 
or preventing pollution of the surface waters of the state, as defined in 
RSA 149. Before issuing an order requiring the installation of public 
sewer facilities, the commission shall notify the municipality of its find- 
ings and shall give the municipality an opportunity to be heard. After 
such hearing if it shall be determined that said facilities are necessary, 
the municipality shall be so notified in ^vriting and the requirements so 
ordered shall be effected within a reasonable time to be fixed by the said 
commission. If any municipality whose duty it is to act shall fail or refuse 
for a period of ten days after the expiration of the time fixed by said 
order, or, in the case of appeal for a period of ten days after final judg- 
ment shall have been entered, to obey the same or in good faith to begin 
to make the installation as ordered, such municipality so failing shall be 
fined not more than one thousand dollars for each day of failure to com- 
ply with the order of said commission. Said fine shall be paid to the state 
and may be recovered in an action of debt brought by the attorney-gen- 
eral in the name of the state treasurer. 



386 Chapter 301 [1967 

300:2 Authority Granted. Amend RSA 148:24 by striking out said 
section and inserting in place thereof the following: 148:24 Appeal. Any 
person aggrieved by any decision, regulation, ruling or order made by the 
"\\'ater supply and pollution control commission pursuant to the provisions 
of sections 22, 23, and 23-a may appeal therefrom to the supreme court in 
accordance with the provisions of chapter 541, RSA. 

300:3 Sewers and Waste Treatment Facilities. Amend RSA 252:5 
by striking out said section and inserting in place thereof the following: 
252:5 Taking Land. Whenever it is necessary to construct such main 
drains or common sewers, sewage and/or waste treatment facilities across 
or on the land of any person and the city cannot obtain for a reasonable 
price any land or easement in land required by it, the mayor and alder- 
man may lay out a sufficient quantity of such land for the purpose and 
assess the owner's damages in the same manner as in the case of taking 
land for highways, and the owner shall have the same right of appeal, 
with the same procedure. 

300:4 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 301. 

AN ACT INCREASING THE SALARY OF THE STRAFFORD COUNTY TREASURER. 

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

301:1 Strafford County Treasurer. 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, by striking out in line five the w^ords "In Strafford, five hun- 
dred dollars" and inserting in place thereof the words (In Strafford, seven 
hundred fifty dollars) so that said section as amended shall read as follows: 
29:14 Salaries. The annual salaries of the treasurers of the several counties 
to be in full for their services and allowances of every kind, except as 
hereinafter provided, shall be as follows: 

In Rockingham, fifteen hundred dollars. 

In Strafford, seven hundred fifty dollars. 

In Belknap, five hundred dollars. 

In Carroll, seven hundred fifty dollars. 

In Merrimack, six hundred dollars. 

In Hillsborough, twelve hundred dollars. 

In Cheshire, four hundred dollars. 



1967] Chapter 302 387 

In Sullivan, five hundred dollars. 
In Grafton, five hundred dollars. 
In Coos, five hundred dollars. 

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

301:2 Effective Date. This act shall take effect January 1, 1968. 
[Approved June 30, 1967.] 
[Effective date January 1, 1968.] 



CHAPTER 302. 

AN ACT RELATIVE TO THE APPOINTMENT OF JUSTICES OF THE PEACE 
AS BAIL COMMISSIONERS. 

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

302:1 Appointment of Bail Commissioners by Superior Court. 

Amend RSA 597:15 by striking out said section and inserting in place 
thereof the following: 597:15 Appointment. The superior court may 
appoint justices of the peace and quorum as commissioners authorized to 
fix and receive bail in criminal cases, as hereinafter provided. 

302:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 303. 

AN ACT RELATIVE TO FEES TO TAX COLLECTOR FOR SALE OF REAL ESTATE 

FOR TAXES. 

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

303:1 Tax Sales; Fees. Amend RSA 80:43 by striking out said sec- 
tion and inserting in place thereof the following: 

80:43 Sale of Real Estate. Each tax collector shall receive the fol- 
lowing fees in connection with the sale of real estate to be charged as 
costs for the services listed below except as otherwise noted: 



388 Chapter 304 [1967 

I. Notice to delinquent taxpayer covering all unpaid taxes listed un- 
der his name, one dollar. 

II. For conducting sale for each taxpayer on list, one dollar and 
fifty cents plus fifty cents for each parcel sold after the first parcel. 

III. For notice of payment to the register of deeds after advertising 
and before sale, or notice of redemption or discharge of lien after sale, 
fifty cents plus the fees advanced and paid to the register of deeds. 

IV. For each notice to the register of deeds of payment of tax sub- 
sequent to a tax sale, fifty cents plus the fees advanced and paid to the 
register of deeds. 

V. For each deed made and delivered to the purchaser at a tax sale, 
two dollars, to be paid by the purchaser. 

VI. Collectors shall also be allowed to charge for postage, fees of 
notaries or justices of the peace incident to making returns to the registry 
of deeds, and for the cost of printed forms and stationery and for other 
necessary and actual expenses incurred; said expenses to be totalled and 
divided pro rata among the delinquent taxpayers when real estate is ad- 
vertised and sold. 

303:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 304. 

AN ACT AUTHORIZING THE SWEEPSTAKES COMMISSION TO CONDUCT PURE 

LOTTERIES AND TO ASSOCIATE DRAWINGS WITH HORSE RACES HELD 

BEFORE AND AFTER THE DRAWINGS, WITHIN OR WITHOUT THE 

STATE OF NEW HAMPSHIRE. 

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

304:1 Pure Lotteries; Drawings Associated with Horse Races. Amend 
RSA 284:21-h, I and II as inserted by 1963, 52:1 and amended by 1963, 
200:3 1965, 200:1 and 1967, 42:1, by striking out said paragraphs and in- 
serting in place thereof the following: 

I. The sweepstakes commission is hereby authorized: 

(a) To conduct public drawings at such intervals and in such places 
within the state as the commission may determine. If governor and coun- 



1967] Chapter 304 389 

cil grant approval, such drawings may be in the form o£ pure lotteries 
and if so, shall not be associated in any way with a sporting event. Such 
drawings may also be associated with horse races as hereinafter provided. 
At least one such drawing each year shall be based on a sweepstakes horse 
race held ^vithin the state. In no event shall such drawings be in the form 
of numbers, policy, bolita or similar games proscribed by Title 18, s. 1953, 
U. S. Code. 

(b) To contract with any licensee to conduct sweepstakes races with- 
in the enclosure of any racetrack in the state where races or race meets 
are held under this chapter, or in the alternative, or in addition thereto, 
to affiliate the public drawings herein authorized with such thoroughbred 
races or race meets held within or without the state, either before or after 
the public drawings, as the commission may determine. 

(c) To conduct both pure lotteries and horse race sweepstakes if 
the commission, with the approval of governor and council, shall deter- 
mine that such program will best accomplish the purposes of this sub- 
division. 

II. Tickets for such pure lotteries and s^veepstakes races: 

(a) Shall be sold by the sweepstakes commission (1) in state liquor 
stores and the state liquor commission is hereby directed to cooperate 
with the sweepstakes commission in the sale of such tickets, and (2) with- 
in the enclosure of any track where a race or race meet is conducted by 
license issued under this chapter and the sweepstakes commission is au- 
thorized to request and accept cooperation of the licensee in the sale of 
such tickets therein. 

(b) May be sold by the sweepstakes commission in the following 
locations: branch offices of the commission, to be established at the in- 
formation area adjacent to the Hampton toll station and the Hooksett 
toll station, and the commission's office in Concord. Each branch office at 
the Hooksett and Hampton toll stations will be in a new building to be 
constructed by the department of public "works and highways in accord- 
ance with their design and specifications. The sweepstakes commission 
is hereby authorized to contract with the department of public works 
and highways for the construction of these buildings, the cost of which 
will be a charge against sweepstakes revenue. Tickets sold at any of the 
locations provided for by this sub-paragraph shall be sold only by sweep- 
stakes commission employees. 

(c) May be sold by the sweepstakes commission in the following 
locations: 

(1) at, within, or upon the following premises owned or controlled 
by the state: Franconia State Park, Hampton Beach State Park, Mount 
Sunapee State Park, and Crawford Notch State Park. The state agency re- 



390 Chapter 304 [1967 

sponsible for the operation of these locations shall have regulatory powers 
over the sales and advertising of sweepstakes tickets at the above locations. 

(2) at, within, or upon the following premises owned or controlled 
by a political subdivision of the state: Weirs Beach, provided, however, 
that the voters of the city of Laconia have signified their approval of the 
sale of sweepstakes tickets in said city pursuant to the provisions of RSA 
284:21-k at the biennial election of November, 1966 and so signify bien- 
nially thereafter. The sweepstakes commission shall obtain prior permis- 
sion from the administrative authorities for this location before selling 
tickets at, within, or upon these premises. 

(d) May be sold by or for the sweepstakes commission in the follow- 
ing locations: Such major type hotels, motels, banks, commercial areas, 
and local fairs as are approved by the commission, provided however, that 
all sales in commercial areas shall be only by employees of the sweepstakes 
commission or from mobile units operated by the commission. Sales at 
all the above locations shall be subject to rules and regulations estab- 
lished by the commission, and provided however, that the voters of the 
cities or towns in which the respective sales outlets are located have signi- 
fied their approval of the sale of sweepstakes tickets in said cities or towns 
pursuant to the provisions of RSA 284:21-k at the biennial election of 
November, 1966 and so signify biennially thereafter. Tickets may be sold 
only in such of these locations as desire to cooperate. The commission 
and management shall make mutually agreeable arrangements to accom- 
plish the sale of tickets at a uniform rate of compensation. 

(e) Persons who have been convicted of a felony shall not be allowed 
to sell sweepstakes tickets. 

304:2 Rules for Drawings. Amend RSA 284:2 1-i, as inserted by 1963, 
52:1 and amended by 1963, 200:1, by striking out said section and insert- 
ing in place thereof the following: 284:21-i Rules and Regulations. The 
sweepstakes commission shall make the rules and regulations for the hold- 
ing and conducting of such drawings and sweepstake races and the sale 
of tickets therefor not inconsistent with this subdivision and shall be 
empo^vered to employ such technical assistants and employees to carry 
out the provisions of this subdivision as the governor and council shall 
authorize. Such assistants and employees shall receive compensation at 
rates to be established by the personnel commission. The sweepstakes 
commission shall establish and fix the purses, not exceeding in the aggre- 
gate for a single calendar year the sum of two hundred thousand dollars, 
to be awarded horses in said sweepstakes races; shall establish the price, 
to be not more than three dollars each, for which tickets for said draw- 
ings and sweepstakes races shall be sold; shall establish the method where- 
by tickets sold for said drawings and sweepstakes races shall be determined 
to be winning tickets; and shall establish the money or prizes to be award- 
ed holders of winning tickets. In establishing the money or prizes to be 



1967] Chapter 304 391 

awarded the holders of Avinning tickets and the purses for the horses, the 
sweepstakes commission shall be governed by the fact that the primary 
purpose of the sweepstakes is to raise revenue for the benefit of public 
education. They shall conduct such studies and make such investigation, 
either directly or through their agents, as will appraise them of the prizes 
and money awarded to the holders of winning tickets in similar drawings 
wherever held. They shall consider the size of purses for the horses as 
bearing on the question of gaining public confidence in the sweepstakes 
races. They shall fix the prizes and amounts of money to be awarded 
winners as well as the purses for the horses in such manner as will yield 
the largest net revenue for the benefit of public education, bearing in 
mind the expenses to be incurred, and all other factors which tend to in- 
fluence net revenue. 

304:3 Local Option Question. Amend RSA 284:21-k, as inserted by 
1963, 52:1, by striking out the same and inserting in place thereof the 
following: 284:21-k Local Option. The following question or questions 
shall be submitted to the voters in cities and towns on the usual ballot 
at the biennial election in November of 1968 and at each biennial elec- 
tion thereafter: (1) "Shall sweepstakes tickets be sold in this city or town?" 
and if authorized by governor and council, as provided in 21-h, I, (2) 
"Shall lottery tickets be sold in this city or town?" If a majority of the 
qualified voters present and voting at any biennial election of a city or 
town signifies disapproval of the above question, the sweepstakes com- 
mission shall not sell tickets under the provisions of this subdivision in 
said city or town. If a majority of the qualified voters present and voting 
at any biennial election of a city or town signifies approval of the above 
question, the sweepstakes commission shall, if possible under the other 
provisions of this subdivision, sell tickets in said city or town. 

304:4 Prohibit Fee for Purchase of Lottery Ticket. Amend RSA 
284:2 l-o, as inserted by 1965, 63:1, by inserting in line t^vo after the word 
"sweepstakes" the words (or lottery) so that said section as amended shall 
read as follows: 284:21-o Purchase of Tickets for a Fee Prohibited. No 
person shall engage in the business of purchasing or offering to purchase 
a sweepstakes or lottery ticket or tickets for, in behalf of, or in the name 
of another for a fee or service charge which shall make the ultimate cost 
of such ticket or tickets to the registered owner thereof greater than the 
legal price of such ticket or tickets as established by the sweepstakes com- 
mission under the authority of this subdivision. Whoever violates the 
provisions of this section shall be fined not more than five hundred dollars, 
or imprisoned not more than one year, or both. 

304:5 State Gaming Laws not to Apply to Lottery. Amend RSA 
284:2 1-p, as inserted by 1965, 63:1, by inserting in line two after the words 
"sale of" the words (lottery and) so that said section as amended shall read 
as follows: 284:21-p Effect on Other Laws. RSA 577:1 to 15 inclusive. 



392 Chapter 305 [1967 

shall not apply to the sale of lottery and sweepstakes tickets provided for 
by this subdivision. 

304:6 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1967.] 
[Effective date June 30, 1967.] 



CHAPTER 305. 

AN ACT RELATIVE TO BORROWING BY VILLAGE DISTRICTS IN ANTICIPATION 
OF TAXES AND OTHER REVENUE. 

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

305:1 Anticipation of Taxes and Other Revenue. Amend RSA 33:7, 
II (supp) , as amended by 1957, 98:1, by striking out the same and insert- 
ing in place thereof the following: II. Village Districts. Village districts 
may incur debt in anticipation of taxes and other revenue of the financial 
year in ^vhich the debt is incurred, in order to pay current maintenance 
and operation expenses, and may issue notes therefor to an aggregate 
principal amount not exceeding the total receipts of the district from 
such sources during the preceding financial year. In order to meet neces- 
sary expenses which may arise during the period from the beginning of 
the financial year to the date of the annual district meeting, the treasurer 
of any^ district with the approval of the governing board, may issue notes, 
^vithout a vote of the district therefor, to an aggregate principal amount 
not exceeding twenty per cent of the total receipts from such sources dur- 
ing the preceding financial year. 

305:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 306. 

AN ACT TO REQUIRE THE MAILING OF THE COUNTY BUDGET AND STATEMENT 
OF CONDITION TO THE TOWNS AND CITIES. 

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

306:1 County Budget. Amend RSA 24:21 (supp) as amended by 
1961, 202:1 by inserting in line two after the word "convention" the -^vords 
(the chairman of the board of selectmen in each town and the mayor of 



1967] Chapter 307 393 

each city within the county) so that the section as amended shall read as 
follows: 24:21 Budget Statement. The county commissioners shall de- 
liver or mail to each member of the county convention, tlie chairman of 
the board of selectmen in each town and the mayor of each city within 
the county and to the secretary of state prior to tlie last day of January 
annually a statement of the condition of the county treasury on the pre- 
ceding December thirty-first, accompanied by their itemized recommenda- 
tions of the sums necessary to be raised for the county in the year next en- 
suing, stating therein in detail the objects for which the money is required. 
No county convention shall vote appropriations for the ensuing budget 
period until twenty-eight days shall have elapsed from the mailing of 
such statements. 

306:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 307. 

AN ACT RELATIVE TO PLACING FILL IN PUBLIC WATERS. 

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

307:1 Placing Fill in Public Waters. Amend RSA 482 by inserting 
after section 41-d (supp) as inserted by 1959, 113:1 the following new sub- 
division: 

Placing Fill in Public Waters 

482:41-6 Artificial Fill. No person, firm or corporation shall place 
or cause to be placed any fill below the mean high water level of any pub- 
lic waters nor below the artificially created high water level of public 
owned water bodies in this state with the intent or with the effect of creat- 
ing or forming filled land thereby adjacent to such water bodies, except 
as provided in this subdivision. For the purposes of this subdivision, pub- 
lic waters are defined as all natural ponds of more than ten acres. Public 
owned water bodies are defined as those bodies of water whose artificial 
high water level is maintained by the state's exercise of its flowage rights 
on these ponds. The prohibition hereof shall not apply to the state, the 
federal government, or to municipal corporation, or to their agents act- 
ing within the scope of their official duties. However, these excepted 
entities shall inform the water resources board of their intent to place fill 
in public waters. The provisions of this subdivision shall not apply to 
the construction of piers, wharves or piers designated or intended for the 



394 Chapter 307 [1967 

mooring of Avater craft or aircraft or such other minor improvements of 
shore lines as the water resources board by regulations may allo^v. How- 
ever, plans for all commercial piers and wharves and/or all piers or 
Avhar^es ivhose construction shall consist of placing fill shall be reviewed 
by the ^vater resources board. 

482;41-f Grant of Right. The governor and council, upon petition 
and upon the recommendation of the water resources board, may, for just 
consideration, grant to an owner of shoreline on public waters, the right 
to place fill in the bed of such pond before his shoreline. Every petition 
to place fill in the bed of public waters shall be referred to the water re- 
sources board and said board after thirty days notice to abutters, and to 
the selectmen of the town or mayor and council of the city in which the 
property is situate, and to commissioner of fish and game, and to the 
^vater supply and pollution control commission, and to the department 
of public Avorks and high^s ays, and to the department of planning and 
research, and to the division of parks, and to the division of public health 
shall hold a public hearing, at which a majority of the members of the 
A\'ater resources board shall be present, notice of which shall be published 
twice in f\vo different weeks, the last publication to be seven days before 
the hearing, in one newspaper of general circulation throughout the state 
and another newspaper of general circulation in the town or city, and 
notice posted in two public places in the town or city and upon appropri- 
ate investigation shall make its recommendations to the governor and 
council with regard to such petition. If the board recommends that the 
petition be granted, in whole or in part, such recommendation shall in- 
clude appropriate specifications and conditions necessary to the protection 
of public rights, and to the protection of the rights and privileges of per- 
sons owning land in the vicinity of the area to be filled by the petitioner. 
The grant of the governor and council shall be evidenced by an instru- 
ment in writing, executed by the governor and council and attested by 
the secretary of state and recorded in the county where the right is to be 
exercised. Land created by fill in accordance with the grant of the gover- 
nor and council shall belong to the owner of the natural shore line as if 
it were formed by natural accretion. The owner of a shoreline on a public 
owned water body may petition the water resources board for the right to 
place fill below the artificially created high water level of a public owned 
water body to the extent that the flowage rights owned by the state allow. 

482:41-g Procedure for Removal of Fill. If any person, firm or cor- 
poration places fill in the bed of public waters or below the artificially 
created high water level of public-o^vned water bodies except as provided 
in this subdivision, he shall be subject to a fine not to exceed one thou- 
sand dollars and may be compelled to remove the same by the superior 
court upon a petition brought by the attorney general at the request of 
the -^vater resources board, or both. 



1967] Chapter 308 395 

482:41-h Fees. Any payment received by the state as determined by 
the governor and council under the provisions of section 41-£ for the 
grant of the right to place fill in the bed of a great pond shall be paid 
over to the state treasurer and shall be available for general revenue of 
the state. 

482:41-i Costs for Hearing. The petitioner for a right to place fill in 
public waters shall make a deposit to the water resources board of fifty 
dollars with each such petition. This payment shall be for expenses of 
publication, mailing and posting of notices by the board and for the ex- 
penses of hiring a hearing site, if a hearing outside of Concord is necessary. 
If said expenses amount to more than fifty dollars the board shall require 
the petitioner to pay the additional amount before it sends its recom- 
mendations to the governor and council with regard to the petition. 

307:2 Repeal. RSA 482:41-a to 41-d inclusive (supp) as inserted by 
1955, 244:1 and 1959, 113:1, relative to placing fill in great ponds, are 
hereby repealed. 

307:3 Effective Date. This act shall take effect upon its passage. 
[Approved June 30, 1967.] 
[Effective date June 30, 1967.] 



CHAPTER 308. 

AN ACT RELATING TO THE INDUSTRIAL PARK AUTHORITY. 

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

308:1 Definition. Amend RSA 162-A:2 (1) as inserted by 1955, 
254: 1 by striking out the same and inserting in place thereof the foUo^ving: 
(1) The words "authority" or "Industrial Park Authority" shall mean The 
Industrial Development Authority. 

308:2 Industrial Development Authority. Amend RSA 162-A:3 as 
inserted by 1955, 254:1 by striking out the same and inserting in place 
thereof the following: I62-A:3 Authority Created. There is hereby created 
The Industrial Development Authority which shall be a body corporate 
and politic as an agency of the state having the powers and jurisdiction 
hereinafter enumerated and such other and additional powers as shall 
be conferred upon it by the legislature. 

308:3 Directors. Amend RSA 162-A:4 as inserted by 1955, 254:1 by 
striking out said section and inserting in place thereof the following: 
162-A:4 Management. The management of said corporation shall be 
vested in a board of nine directors, who shall serve without compensa- 



396 Chapter 308 [1967 

tion. The governor, Avith the consent of the council, shall appoint the 
members, one of Avhom shall be designated as chairman by the governor. 
Each appointed member shall hold office for three years, and until his 
successor shall have been appointed. The present members of the in- 
dustrial park authority, with the exception of the commissioner of re- 
sources and economic development, shall serve as members of the in- 
dustrial development authority until the expiration of their present terms. 
The vacancy caused by the removal of the commissioner of resources and 
economic development shall be filled by the governor with the consent of 
the council. 

308:4 Indvistrial Facility. Amend RSA 162-A:2 as inserted by 1955, 
254:2 by adding after paragraph (5) as inserted by 1961, 263:11 the follow- 
ing new paragraph: (6) The words "industrial facility" shall mean any 
land, any building or other improvement, and all real and personal prop- 
erties, including but not limited to, machinery and equipment deemed 
necessary in connection therewith, whether or not now in existence, 
which shall be suitable for use for manufacturing, warehousing, or other 
industrial purposes, but shall not include raw materials, work in process 
or stock in trade. 

308:5 Revenue Bonds. Amend RSA 162-A:6 as inserted by 1955, 
254:6 by inserting after paragraph (13) the following new paragi^aph: 
(13-a) to acquire in the name of the authority title to an industrial facility 
by issuing revenue bonds or other such evidences of indebtedness or ob- 
ligations of the authority secured by lease in which (a) adequate provision 
has been made for the payment by the lessee of the cost of the construc- 
tion of such industrial facility so that under no circumstances will state 
treasury funds, appropriations, or other public funds of the industrial 
development authority or of the state be obligated directly or indirectly 
for the payment of the cost of construction of such industrial facility, or 
for the payment of the principal of, or interest on, any obligations issued 
to finance such construction, and (b) adequate provision has been made 
for the payment of all costs of operation, maintenance, and upkeep of 
such industrial facility by the lessee, sublessee or occupant so that under 
no circumstances ^vill state treasury funds, appropriations, or other public 
funds of the industrial development authority or of the state be obligated 
directly or indirectly, for the payment of such costs: and to lease, sell and 
convey at public or private sale, with or without advertisement, all or any 
part of any industrial facility acquired by it, and to do all acts necessary 
to the accomplishment of such lease, sale, or conveyance. 

308:6 Increase of Debt Limitation. Amend RSA 162-A:12 as inserted 
by 1955, 254:12 and amended by 1957, 237:1, 1959, 142:1, 1961, 263:12 
and 1963, 155:5 by striking out said section and inserting in place thereof 
the following: 162-A:12 Debt Limitation. The authority may issue bonds 
and notes as follows: (1) The authority may issue bonds or notes in an 



1967] Chapter 308 397 

amount not to exceed five million dollars at any one time, of which 
amount not more than four million dollars shall be in connection with 
industrial projects and not more than one million dollars shall be in con- 
nection with projects for recreational facilities. (2) In addition to bonds 
and notes permitted under paragraph (1) above, the authority may issue 
bonds and notes in an amount not exceeding five million dollars at any 
one time on industrial facilities to be used for the following purposes: 
(a) For loans "^v^hich shall not exceed thirty per cent of the appraised 
value of the industrial facility for which the loan is made. Payment of 
bonds or notes so issued may be subordinated to loans made by lending 
institutions operating under state or national charters. Such loans by the 
authority shall provide for amortization and interest rates at least equal 
to the terms contained in the loans made by the private lending institution 
and shall be secured by a second mortgage on the industrial facility, (b) 
For loans which may be made in participation with lending institutions 
operating under state or national charters, but such participation shall 
not exceed fifty per cent of the total granted by such institution and any 
such loan shall be secured by a first mortgage on said industrial facilities. 
Loans made under paragraph (2) hereof shall be limited to borrowers 
whose industrial facilities are located in New Hampshire and "\vhich have 
been displaced, acquired or condemned under federal, state, county or 
municipal redevelopment, rehabilitation and highway projects. 

308:7 Participation Mortgages. Further amend RSA 162-A:6 as in- 
serted by 1955, 254:6 [by] striking out paragraph (7) and inserting in 
place thereof the follo^ving: (7) to acquire in the name of the authority 
security by way of mortgage deed or otherwise any property title to which 
may be in any corporation or body other than the authority and upon 
which facilities may be developed or constructed as provided herein. Such 
security may be acquired by the authority solely in its o\vn name or with 
private lending institutions. If the security is acquired "^vith private lend- 
ing institutions then the authority shall act in conformance to RSA 387. 

308:8 Authority to Join in Participation Loans. Amend RSA 387 by 
adding after section 17-a (supp) as inserted by 1963, 326:1 and amended 
by 1967, 117:3 the following: 387:17-b Industrial Development Authority. 
The Industrial Development Authority, an agency of the State of New 
Hampshire, shall be deemed qualified by state law to be an originating 
lender or a participating lender, within the meaning of this chapter and 
the definitions contained in paragraphs XIII, XIV and XV of section 1 of 
this chapter, in participation with any of the other kinds of institutions 
mentioned therein. Provided, however, that the authority granted by this 
section shall be limited to participation in mortgage loans as described 
in paragraphs I, II, III and VI of section 4 of this chapter. 

308:9 Tax Commission. Amend RSA 162-D: 7 (supp) as inserted by 
1965, 75:1 by striking out said section and inserting in place thereof the 



398 Chapter 309 [1967 

follo^ving: 162-D:7 Tax Exemption and Payment for Services in Lieu of 
Taxes. Any such industrial facility owned by the state, county or mu- 
nicipality as provided by section 162-D: 3 hereof is declared to be public 
property and shall be exempt from all taxes and special assessments of 
the state or any political subdivision thereof; provided that in lieu of such 
taxes and special assessments the state or any political subdivision thereof 
shall require any lessee, sublessee or occupant of any such industrial fa- 
cility to make payments annually to the municipality in which an in- 
dustrial facility is located, for its just share of the public expense, includ- 
ing but not limited to education, highway maintenance, fire and police 
protection and other similar public expenses and governmental services, 
and provided further that the state tax commission shall determine, after 
a hearing thereon, that such payments constitute a just share of the public 
expense. 

308:10 Non-profit Corporations. Amend RSA 162-D as inserted by 
1965, 75:1 by inserting after section 7 the following new section: 162-D:8 
Voluntary Non-profit Corporations to Have Governmental Functions. 

Any voluntary corporation or association formed under the provisions of 
RSA 292: 1 for the purposes of taking advantage of the provisions of this 
chapter shall be a body politic and corporate constituting a public cor- 
poration. 

308:11 Bond Issues. Any bonds previously issued by the industrial 
park authority under the provisions of RSA 162-A:9 and outstanding 
shall be deemed to be bonds and obligations of The Industrial Develop- 
ment Authority and nothing in this act shall be construed as affecting 
any of such outstanding obligations. 

308:12 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved June 30, 1967.] 
[Effective date August 29, 1967.] 



CHAPTER 309. 

AN ACT PROVIDING FOR PENALTIES FOR FAILURE TO CONTRIBUTE TO A 
HEALTH AND WELFARE PENSION FUND. 

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

309:1 Penalty for Failure to Pay Health and Welfare Pension Fund 
Contributions. Amend RSA 275 by inserting after section 52, as amended 
by 1963, 237:4, the following new section: 275:52-a Penalty for Failure 
to Pay Health and Welfare Pension Fund Contributions. In addition to 



1967] Chapter 310 399 

any other penalty or punishment otherwise provided for by law, any per- 
son or employer, who is a party to a health and welfare fund trust agree- 
ment, a pension fund trust agreement, or any other such agreement, 
whereby he agrees to pay or provide the contributions required by 
any such agreement, and who refuses or wilfully fails or grossly neglects 
to pay such contributions or payments within thirty days after such pay- 
ments are required to be made, shall be punished by a fine of five hundred 
dollars or by imprisonment of not more than one year, or by both such 
fine and imprisonment. 

309:2 Effective Date. This act shall take effect sixty days after its 
passage. 

[Approved July 3, 1967.] 
[Effective date September 1, 1967.] 



CHAPTER 310. 

AN ACT TO ESTABLISH AN ELEVATOR INSPECTION LAW. 

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

310:1 New Chapter. Amend RSA by inserting after chapter 157-A 
as inserted by 1967, 236: 1 the following new chapter: 

Chapter 157-B 

Elevators 

157-B: 1 Title. This chapter may be called the "Elevator Law." 

157-B:2